LIBRARY
OF THK
University of California.
OIF-T OK
Received , igo
Accession No. 82^48 . Class No.
"^"^^^^^^^i^nveynJU al
^^^^^'^n-tik^u^^c^r
XX/iy^^/UA^ C, /cW-z^t^^-H^.
OHIO SCHOOL LAWS
IN FORCE APRIL 15TH, T8S9.
A SKT OF
Blank Forms, aPid Directiorxs for their Use,
TO SERVE AS A
GUIDE FOR SCHOOL OFFICERS.
^\ B R A /? J,-
COLUMBUS :
THE WESTBOTE COMPANY, STaTE PKINTERS.
ISf 9.
PREFACE.
Section 360 of the Revised Statutes of Ohio thus provides : " He
[the State Commissioner of Common Schools] shall cause as many
copies of the laws as are necessary, relating to schools and teachers'
institutes, with an appendix of appropriate forms and instructions for
carrying into execution all such laws, to be printed in a separate volume,
and distributed to each county with the laws, journals, and other docu-
ments, for the use of the school officers therein, as often as any change
in the laws is made of sufficient impor'tance, in the opinion of the com-
missioner, to require a republication and distribution thereof."
There have been i^. this office for distribution no copies of the
edition of the school laws of 1883— the last edition published — for more
than two years. The demand for copies throughoiat the whole State is
now most importunate. There is, therefore, an urgent necessity for a
new issue.
The notes and the references to the decisions of courts in the edition
of 1883, are very valuable and complete. Most of these notes and
nearly all the citations of decisions have been retained in this edition.
Neither to these notes nor to the citations has it seemed necessary to
make large additions. To the comparatively few that have been made
an asterisk is prefixed.
In preparing this reissue of the school laws, I have been under
many obligations to Attorney-General Watson for advice on legal
points. Valuable help has also been obtained from a little work en-
titled '* Common School Law,'' written and published by C, W. Bardeen,
Syracuse, N. Y.
In this volume will be found, as an appendix, the Forms and In-
structions prepared by former commissioners for the guidance of school
oflfixjers..
John Hancock,
Stc^s Commissioner of Common Schools^
82748
GENERAL RULES OF INTERPRETATION.
"In considering questions arising under the school legislation of
the State, such construction should be placed upon its various enact-
ments , and the several provisions thereof, as will give harmony to our
educational system, and secure, as far as practicable, its equal benefits,
and the reasonable facilities for their enjoyment, to every locality." f21
O. S., 339.]
"Statutes should be so construed as to give effect to the intention
of the legislature, and, if possible, render every section and clause
effectually operative." [1 O. 381.J
" In interpreting a statute or other written instrument the inten-
tion of the framers must be arrived at, if possible, and, when necessary,
the strict letter of the act, instrument, or law must yield to the mani-
fest intent " [39 Mo., 80.]
REVISED STATUTES OF OHIO.
TITLE HI.
SCHOOLS.
CHAPTER 1.
CHAPTER 2.
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
CHAPTER 6.
CHAPTER 7.
CHAPTER 8.
CHAPTER 9.
CHAPTER 10.
CHAPTER 11.
CHAPTER 12.
CHAPTER 13.
CHAPTER 14.
Classification and change of districts.
City districts of the first class.
City districts op the second class and i\'!ILLAGE
districts.
Township and special districts.
Joint sub-districts.
School funds.
Provisions applying to all boards.
School-houses and libraries. <
Schools, and attendance enforced.
Enumeration, treasurer, and clerk.
Reports.
Examiners.
Teachers' institutes.
Cincinnati and tolodo universities.
CHAPTER 1.
CLASSIFICATION AND CHANGE OF DISTRICTS.
Classes of
school dis-
tricts.
Section
3885. Classes of school districts.
3886. City districts of first class.
City districts of second class.
"Village districts.
Change of classification in certain
cases.
Township districts.
Si>eeial districts.
3887.
3890.
3891.
Section
2892. Boundaries of -sub-districts not
changed.
Transfer of territory from one
district to another.
3894. Township districts may be-
come village districts.
How vote shall be taken.
How board organized.
3893.
3895.
3896.
City districts ;
Sec. 3885. The state is hereby divided into school dis-
tricts, to be styled, respectively, city district of the first
grade of the first class, city districts of the second grade of
the first class, city districts of the first class, city districts of
the second class, village districts, special districts, and town-
ship districts. [70 v. 195, § 1; 84 v. 184.]
Sec. 3886. Each city having a population of two hun-
SCHOOL OFFICERS GUIDE.
First class.
Classification and Change of Districts. Ch. 1.
dred and fifty thousand or more by the last preceding^census p.^.^^ grade,
of the United States, including the territory annexed to it for ''""^^ ''^a.^^-,
school purposes, and excluding the territory detached from it
for school purposes, shall constitute a city district of the first
grade of the first class; each city having a population of one
hundred and fifty thousand or more, and less than two bun- second gra.ie,
first class.
dred and fifty thousand, by the last preceding census of the
United States, including the territory anne "ed to it for school
purposes, shall constitute a city district of the second grade
of the first class; and each city having a population of ten
thousand and less than one hundred and fifty thousand by
the last preceding census of the United States, including the
territory annexed to it for school purposes, and excluding
territory detached from it for school purposes, shall constitute
a city district of the first class. [70 v. 195, § 2; 8L v. 71; 84
V. 184.]
Sec. 3886. Each city having a population of ten thou- qty school
sand or more, including the territory attached to it for school tirst class.
purposes, and excluding the territory within its corporate
limits detached for school purposes, shall constitute a school
districl, to be styled a city district of the first class ; and eacli
district that has heretofore been constituted a city district of
the fiist class shall remain such. [70 v. 195, § 2; 81 v. 71;
85 V. 91.J
■-•■Sec. 3886 (a). It will be observed there are two sections with this
number. The original section 3886 was amended and repealed in 1884, and
the section as amended in 1884 was amended and repealed in 1887. The
author of the amendment of 1888 seems to have overlooked the amend-
ment of 1887, and to gave gone back to the amendment of 1884, which had
been repealed by the amendment of 1887. Under this condition of facts
there Avas nothing left to do but to retain the two sections with the same
number.
(6) In the interpretation of several of the sections of this title, it
will be necessary to observe that "eily districts of the first class," and " cities
of the first class" are not related terms. A city of the first class has over
31,500 inhabitants.
Sec. 3887. Observe also that "city districts of the second class," and
" cities of the second class " are not co-incident.
Sec. 3888. Territory attached for school purposes. — The phrase " terri-
tory attached for school purposes," as used in sections 3886, 3887, and 3888,
evidently applies to territory not included in the corporate limits of a city
or village, but which, at the time of its organization, formed a part of the
school district or sub-district to which the territory of such city or village
SCHOOL OFFICERS GUIDE.
Ch. 1.
Classification and Change of Districts.
City districts
oi' set'oml
class.
\illage dis-
tricts.
(banges of
'""assilioation
in certain
cases.
Township
rlistrfcts.
Sec. 3887. Eftch city of the second clas?, having a
population of le?.s than ten thousand by the cen.-uH of 1870,
including the territory attached to it lor t^chool purposes, and
excluding the territory within its corporate limits detached
for school purposes, shall constitute a school district, to be
styled a city district of the second class. [70 v, 195, § 3.]
Sec. 3888, Each village, including the territory at-
tached to it for school purposes, and excluding the territory
within its corporate limits detached for school purposes, shall
constitute a schcol district, to be styled a village district.
[74 V. 140, § 4.]
Sec. 3889. Municipal corporations hereafter created, or
advanced to higher grade, except villages created by advance-
ment or otherwise, shall, Irom and after their creation or
advancement, be school districts corresponding to their grade
as herein provided. [70 v. 195, § 5.]
Sec. 3890. Each organized township, exclusive of any
of its territory included in a city, village, or special district.
belonged ; or to territory transferred from one district to another, for school
purposes, under section 3893 of this chapter.
"Territory detached for school purposes" is territory taken into the
corporate limits of a city or village, hut not transferred to the village dis-
trict, by mutual consent of the boards of education concerned; or it is
territory formally transferred by the city or village district adjoining.
Sec. 3889 (a). Villages created by advancement or otherwise, become
village districts only when action is taken for that purpose under section
3912, et seq.
(b) The corporate character of a school district cannot be questioned
in a collateral proceeding. This is to be done in direct proceeding by quo
warranto. If the corporation is acting by virtue of legislative enactment,
this is sufficient as against everybody, except the State itself, and private
parties cannot question the regularity. — Coolcy's Constitutional Limita-
tions, 254.
Sec. 3890. A change of township boundaries accordingly works a
change in the township district boundaries.
* Sec. 3891. The decision of the supreme court in the case of the
State v. Powers, 38 O. S., 54, which declared it beyond the constitutional
j)Owers of the general assembly to create a special school district, has been
overruled by the same court in the case of the State ex rel. Attorney-Cjen-
eral v. Shearer (February, 1889). The latter decision revives all the spe-
cial districts created by the legislature, except the New London special
district.
Sec. 3892. Sub-districts are the sub-divisions of a township district.
These sub-divisions are made by township boards of education, and by
commissioners appointed by the probate court.
SCHOOL OFFICERS GUIDE.
Classification and Change of Districts.
Ch. 1.
shall constitute a school district, to hd styled a township dis-
trict. [70 V. 195, § 7.J
Sec. 3891. Any school district now existing, other than
those mentioned in sections thirty-eight hundred and eighty-six^
thirty -eight hundred and eighty-seven, ihirty-eight hundred and
eighty-eight, and thirty-eight hundred and ninety, which has been
established by a vote of the people in accordance with any
act of the general assembly, or which has been established
by a general or local act of the general assembly, shall con-
stitute a school district, to be styled a special district; and
such di.-tricts may be established as provided in chapter five
of this title. [70 v. 195, § 6.]
Sec. 3892. The several sub-districts and joint sub-dis
districts now existing within any township district shall
continue, according to their respective boundaries, to be sub-
districts or joint sub-districts thereof, subject to the provisions
of this title. [70 v. 195, § 8.]
Special dis-
tricts.
Boundaries of
sub-districts
not changed.
CHANGE OF DISTRICT.
fW
Sec. 3893. A part or the whole of any district may be Transfer of
transferreci to an adjoining district, by the mutual consent of on"* district™
th« boards of education having control of such districts; but ^^ ^•"o*^*''^-
no such transfer shall take effect until a statement or map,
showing the boundaries of the territory transferred, is entered
upon the records of such boards, nor, except when the trans-
fer is for the purpose of forming a joint sub-district, until a
copy of such statement or map, certified by the clerks of the
board making the transfer, is filed with the auditor of the
county in which the transferred territory is situate; and any
person living in the territory so transferred may appeal to
Concerning jpint sub-districts, see chapter 5.
Sec. 3893 (a). There is no such thing as transferring territory for Transfer of
temporary purposes, witli an understanding that it shall be set back at a territory,
definite future time. Such territory can be transferred again as other terri-
tory may be ; thus changing again the boundaries of the district and the
voting relations of residents.
(6). Unless boards transfer territory, an appeal does not lie to the
commissioners, under this section. But if a case arises such as is described
under section 3969, the commissioners may be applied to for relief.
(c). It is the evident intention of the statute that the territory to be
transferred to an adjoining district must be contiguous to the district. Uguous! *'°"
lO
SCHOOL OFFICERS GUIDE.
Ch. 1.
Classification and Change of Districts.
Township
districts may
become vil-
lage districts.
How vote
shall be taken.
How board
organized.
the county commissioners, as provided in section thirty-nine
hundred and sixty seven, and the commissioners, at their first
regular meeting thereafter, shall approve or vacate such
transfer. [70 v. 195, § 40.]
Sec. 3894. The board of education of any township dis-
trict may decide to submit, and, on petition of one-third of
the electors of the district, shall submit, at the first regular
election for township officers after such decision is made or
petition received, the question whether such township dis-
trict shall be governed by the provisions of this title relating
to village districts; and the board shall give notice of the
vote to be taken, by posting up written or printed notices, in
ten or more public places in the township, at least twenty
days prior to such election. [70 v. 195, § 155.]
Sec. 38'.i5. The election ehall be conducted by the town-
ship trustees, who shall provide a separate ballot-box and
separate poll-books, and make a return of the vote to the
township clerk, and also to the commissioner of common
schools, within five days after the election; and the per.-ons
voting at such elections in favor of such change shall have
written or printed on their ballots— "School District," and
those opposed to such change — "No School District." [70 v.
195, § 156.]
Sec. 3896. At the annual organization of the township
board after any such election, if it be found that a majority
of the votes cast were in favor of the change, the board shall
select, by vote or lot, six persons to serve as a township board
of education, two of whom shall serve for three years, two for
two years, and two for one year ; and such board shall there-
after be governed by the provisions of this title relating to
boards of village districts. [70 v. 195, § 167.]
SCHOOL officers' GUIDE. I I
City Districts of the First Class. Ch. 2.
CHAPTER 2.
CITY DISTRICTS OF THE FIRST CLASS.
Section
3897. Board of education— how consti-
tuted, and how membership in-
creased.
3898. When two members for each ward,
how elected.
3899. When one member for each ward,
how elected.
Section
3900. Where certain electors to vote,
plats of attached territory.
3301. Conduct of elections.
3902. How electors on attached terri-
tory to cast ballots.
3903. Meetings and certnin powers of
the board.
Sec. 3897. In city districts of the first grade of the first Su incuy
class, the board of education shall consist of one member from grlS'rsf^
each ward, and each member of the board shall be an elector tionof nfem-
of the ward, or of the township, or part of the township, term's of office.
which, for school p^irposes, has been or may be attached to
such ward, for which he is elected or appointed; provided,
that [inj city districts of the first grade of the first class, be-
ginning with the annual election for city officers held in
April, 1887, one member shall be elected from each ward
having an even numerical designation, or from territory
attached for school purposes to such ward having an even
numerical designation, as above provided, who shall serve
for the term of one year, and that at the annual election for
city officers held in April, 188", one member shall be elected
from each ward having an odd numerical designation, or from
territory attached for school purposes to such ward having an
odd numerical designation as above provided, who shall serve
for a term of two years, and annually thereafter as the term of
members elected by said ward or ward with territory attached
for school purposes, as above provided, shall expire, successors
shall be elected to hold for the term of two years; and if any vacancy by
. ,., removal.
person elected a member ot said board shall, during his term
as said member, move out of the ward for which he was
elected, then his term shall cease and determine, and said
board shall elect a person to fill the vacancy; the members
elected under this act shall hold office until their successors
are elected and qualified ; provided, that the board of educa- ancf remwai*
tion established by this act shall be in all respects the succes-
sors of the respective board whose place they take ; but the
Sec. 3897. Change of Residence.— When a member of a board of edu-
cation or a local director ceases to be an elector in the district, ward, or sub-
district which he was elected to represent, he vacates his office.
12
SCHOOL OFFICERS GUIDE.
Oh. 2.
City Districts of the First Class.
New wards.
Board of edu-
(iation in city
districts first
class; elec-
tion audi
term of mem-
l)crs.
members of such board of education shall not, as individuals
or as local committees, exercise supervisory authority over the
schools in the several wards or districts, or have the selection
or nomination of teachers- The superintendent of the public
schools of said city district of the first grade o: the first class
shall appoint all the teachers of said schools by and with the
consent of the board of education, and the superintendent or
the board of education ma)' remove for cause ; and provided
further, that when a new or additional ward shall be created
in such city district, the board of education shall proceed to
elect a person who is an elector of such additional ward, or of
territory thereto attached for school purposes, as a member of
the board from such ward, to serve until the next annual
election for city ofScers, at which annual election the quali-
fied electors of each such new wards, and the territory an-
nexed thereto for school purposes, shall elect one judicious and
competent person, having the qualification of an elector of
such ward or territory thereto attached for school purposes,
to serve as a member of the board of education ; provided,
that if such new wards have an even numerical designation,
the member so elected, as provided above, shall serve until
the expiration of the term of other members who are or have
been elected from wards having an even numerical designa-
tion, and if such new ward having an odd numerical designa-
tion, the member so elected, as provided above, shall serve
until the expiration of the term of other members of said
board, who are or have been elected from wards having an odd
numerical designation; and annually thereafter, as the term
of members so elected, as above provided, shall expire, suc-
cessors shall be elected, who shall serve for the terra of two
years, and until the election and qualification of their suc-
cessors. [77 V. 80; 82 V. 7; 84 v. 184.]
Sec. 3898. In each city district of the first class, and
not of the first or second grade, the board of education shall
consist of two members from each ward, except in city dis-
tricts organized under a law providing for one member only
for each ward, in which districts the board may, at any time,
by a vote of the majority of all its members, provide that
thereafter each ward shall be represented by two members,
and thereupon proceed to choose one additional member for
SCHOOL OFFICERS GUIDE. 1 3
City Districts of the First Class. Ch. 2.
each ward, to serve until the next annual election for city-
officers, and until the election and qualification of his suc-
cessor; and each member of the board shall be an elector of
the ward for which he is elected or appointed ; and at every
n ■ n- ■ -L 1-1 i-j. i Board of edn-
annual election for City oincers in a city which constitutes cation in city
. . - districts, (irpt
districts of the first class, wherein the board consists of two class.
members for each ward, there shall be elected in each ward,
.by the qualified electors thereof, one judicious and competent
person to serve as a member of the board of education of the
districts for two years, from the third Monday of April suc-
ceeding his election, and until the election and qualification
of his successor ; provided, that kt the annual election for
city officers, held first after a city has been constituted a city
district of the first class, with a board to consist of two mem-
bers from each ward, there shall be elected in each ward of
such city, by the qualified electors of such ward and of said
district entitled to vote in such wards, two persons of the re-
quired qualifications to serve as members of the board of edu-
cation of such districts, one for one year and the other for
two years from the third Monday of April succeeding their
election, and until the election and qualification of their suc-
cessors; and provided, that any elector residing in such dis-
trict, but not in any ward of such city, shall, if the territory
containing his residence has not been attached to any ward
for school purposes, as provided in section thirty-nine hun-
dred, be entitled to vote for members of the school board in
the ward nearest his residence; and in such case a separate
ballot-box and poll-book shall be provided and used, as re-
quired in section thirty-nine hundred and two, in each ward
where any such elector may be entitled to vote; when the
board of education in such city district of the first class con-
sists of as many members as there are wards, there shall be
elected at the annual election for city officers in the year
eighteen hundred and eighty, and every two years thereafter,
in each ward designated by an even number, and in the year
eighteen hundred and eighty-one, and every two years there-
after, in each ward designated by an odd number, by the
qualified electors thereof, one member of the board, who shall
hold his office for two years, and until the election and the
qualification of his successor. [70 v. 195, § 11 ; 84 v. 184.]
14 SCHOOL OFFICERS GUIDE.
Ch. 2. City Districts of the First Class.
bSofedu- S^^- ^^^^- ^" ^^^y districts of the first class, second
cation. grade, the board of education shall consist of twenty mem-
bers, to be elected by districts, to serve for the term of two
years, except as hereinafter provided ; and for the purpose of
electing such board of education such cities shall be and are
hereby divided into twenty districts, as fellows:
City divided The second and fourth wards shall constitute the first
into districts.
district.
The fifth and eighth wards shall constitute the second
district.
The sixth and seventh wards shall constitute the third
district.
The ninth and eighteenth wards shall constitute the
fourth district.
The nineteenth and twenty-first wards shall constitute
the fifth district.
The twentieth and twenty-second wards shall constitute
the sixth district.
The twenty-third and twenty- sixth wards shall constitute
the ssvenlh district.
The twenty-fifth and twenty-seventh wards shall con-
stitute the eighth district.
The seventeenth and twenty-fourth wards shall consti-
tute the ninth district.
The thirteenth and fifteenth wards shall constitute the
tenth district.
The twelfth and fourteenth wards shall constitute the
eleventh district.
The tenth and eleventh wards shall constitute the twelfth
district.
The first and sixteenth wards shall constitute the thir-
teenth district.
The third and twenty-eighth wards shall constitute the
fourteenth district.
The twenty-ninth and thirtieth wards shall constitute
the fifteenth district.
The thirty-first and thirty-third wards shall constitute
the sixteenth district.
The thirty-fourth and thirty-fifth wards shall constitute
the seventeenth district.
SCHOOL OFFICERS GUIDE. 15
City Districts of the First Class. Ch. 2.
The thirty-second and thirty-sixth wards shall constitute
the eighteenth district.
The thirty-ninth and fortieth wards shall constitute the
nineteenth district.
The thirty-seventh and thirty-eighth wards shall consti-
tute the twentieth district.
And in said cities of the second grade, first class, there
° ' ' Election and
shall be elected at the first annual municipal election to be term of mem -
^ bers.
held after the passage of this act, in each district designated
by an even number, by the qualified electors thereof, for the
term of three years, and thereafter biennially, and in each
district designated by an odd number,* by the qualified elec-
tors thereof, for the term of two years, and thereafter bien-
nially, one member of the board, who shall hold his office
until the election and qualification of his successor. [70 v.
195, § 11; 71 v. 55, §§ 1, 2, 3; 83 v. 3 '."|
Sec. 3900. An elector residing in the city district, but where cer-
not in any ward of the city, shall be entitled to vote in the to"^o^efpiats
ward to which he is attached by the board of education for territorjf
school purposes; but an elector residing in the city, and not
in the city district, shall not be entitled to vote at any elec-
tion provided for in this chapter ; the board shall ascertain
whether the city limits are co-extensive with the limits of
the school district; and in case the school district includes
territory without the corporate limits, the board shall make
or cause to be made a plat of the territory so attached for
school purposes, designating thereon by metes and bounds
the ward or wards to which such attached territory is to be
thereafter assigned; which plat shall be recorded as a part of
the proceedings of the board. [70 v. 195, §§ lO, 12.]
Sec. 3901. The election provided for in section thirty- conduct of
eight hundred and ninety-nine shall be conducted by the judges
Sec. 3900. Of course an elector residing in a city of the first class,
and not in the city district, votes for school officers with the voters outside
of the city, and in the same district with him. See sections 3908 and 3916.
" Shall be elected by the qualified electors of such districts," however the
districts may be situated as to the boundaries of cities, etc.
Sec. 3901. The method of contesting an election is by quo warranto.
E. S., Section 6760.
(a). "Shall m!ike returns," that is, a certificate showing the vote for Returns.
each candidate for the required office in the proper ward, for township,
i6
SCHOOL OFUCERS GUIDE.
Ch. 2.
City Districts of the First Class.
How electors
on attached
t^rritorj- to
(«ist ballots.
I'oll-books,
Contest by
qno wiirritnto.
and clerks of the city elections, and they shall make returns
of such election to the board of education within five days
from the time of holding the sara-. [70 v. 195, § 13.]
Sec. 3902. The judges and clerks of city elections, in
the wards to which any territory beyond the city limits has
been attached by the board of education for school purposes,
shall have two separate ballot-boxes and two sets of poll-
books; the electors residing on such attached territory may
vote at all regular and special elections in such wards for
members of the board of education; the judges of- election
in such wards shall receive the ballots of the electors resid-
ing on such attached territory, and depo-it them in the
ballot-box proviiif'd t'nr tliat p'^rnopo; the clerks of election
village, or special district], at the proper date, signed by the judges and
clerks of election before they disperse, sealed, marked "Election Returns,"
and directed and sent in this case to the board of education. See notes to
section 3917.
(6). Poll-books dulv certified and returned are prima fade evidence of
the truth of their contents, but this presumption will be rebutted by proof
that they are fraudulent and fictitious to such an extent as to render them
wholly unreliable. Phelps v. Schroder, 2t> O. S., 549.
(c). Where a poll-book is thus impeached and rejected, the legal
voters are not disfranchised, but the burden of otherwise proving -legal
votes is thrown upon the party claiming them. lb.
(r/). The relator having received a certificate of election as school
director, was sworn in, and some months afterward, the board having
become satisfied that he had not received a majority of the votes and that
defendant had, swore in the latter and excluded the relator from their
meetings, and the relator thereupon filed an information in the nature of a
quo uarranto, against defendant. Held, as the law for the election of school
directors makes no provision for contest of election, the method adopted in
this case is available. Therefore the fact that the relator had recei%'ed a
certificate is not conclusive, for the court must go behind the certificate to
ascertain who had the majority of votes. State ex rel., (Langdon) v.
Goodale. 4 Bull., 1065, 8 Ilec, 432.
(e). That this remedy is exclusive, and that a mandamus to recanvass
will not lie, see 26 O. S., 216.
(/). In case of fraud on the part of the judges in receiving or in
counting votes, McCray on Elections, ? 184, after referring to many cases
and authorities, remarks: " The safe rule probably is that where an elec-
tion board are found to have willfully and deliberately committed a fraud,
even though it effect a number of votes too small to change the result, it is
sufficient to destroy all confidence in their official acts, and to put the party
claiming anything under the election conducted by them, to the proof of
his votes, by evidence, other than the returns." See Judkins v. Hill, 50 N.
H., 140; Knox Co. v, Davis, 63 111., 405; Russell v. State, 11 Kan., 308."
SCHOOL OFFICERS GUIDE. I J
City Districts of the Second Class, and Village Districts. Ch. .S.
shall enter upon the separate poll-books provided for that
purpose the names of such electors so voting; and due
returns of such elections for members of the board shall be
made as provided by section thirty-nine hundred and one. [70 v.
195, § 12.]
Sec. 3903. The board of education, except in cities of Timeof regu-
' *^ lar meetings of
the first class, second grade, shall hold regular meetings ^^.^^^^^ ofiedu-
once every two weeks. In cities of the first class, second
grade, said board shall hold its meetings on the first and
third Monday of each month following the third Monday of fngs^etc.™*^^*^"
April, and in all city districts of the first class, said board
may hold such special meetings as it may deem necessary ;
it may fill all vacancies that occur in the board until the
next annual election, and may make such rules and regula-
tions for its own government as it may deem necessary ; but
such rules and regulations must be consistent with the con-
stitution and laws of the State. [79 v. 59.]
CPIAPTER 3.
CITY DISTRICTS OF THE SECOND CLASS, AND VILLAGE
DISTRICTS.
Section
3909. Notice of elections.
3910. Returns to be made to board.
3911. How membership increased.
3912. How village may become village
district.
3913. How village district organized.
3914. Organization of board.
Section
3904. Membership of board of educa-
tion.
3905. Election of members in city dis-
tricts.
3906. Conduct of the election.
3907. Election when as many members
as wards.
3908. Election in village districts.
Section 3904. In city districts of the second class, and Membership of
in village districts, the board of education shall consist of cation.
six members, except in districts organized under a law pro-
viding for only three members, who shall have the qualifi-
cations of an elector therein, and in such districts the mem-
bership may be increased to six, in the manner hereinafter
provided ; but the board of a city district of the second class,
may provide, by a vote of the majority of its members, that
tlie board shall consist of as many members as the city has
wards. [70 v. 195, §§ 16, 17]
Sec. 3903 (a). For manner of filling vacancies in the board, see sec-
tion 3981, with the notes thereto.
(6). For classification of cities, see sections 1547-8, of Revised Stat-
utes. See also remarks under sections 3886 and 3887.
2
i8
OHIO SCHOOL LAWS.
Ch. 3.
Election of
members in
citv districts.
Conduct of
election of
members of
board of edu-
cation in city
districts,
second class.
City Districts of tbe Second Class, and Village Districts.
Sec. 3905, In city districts of the second class, except
such as are mentioned in section thirty-nine hundred and seven,
members of the board of education shall be elected annually,
to serve lor the term of three years from the third Monday of
April succeeding their election, and until the election and
qualification of their successors; if the board consists of six
members, two judicious and competent persons shall be
elected each year ; and if the board consists of three mem-
bers, one such person shall be elected each year. [75 v. 53,
§ 18-]
Sec. 3906. If the boundaries of the district and [the]
city are identical, or, if territory has been detached from the
city and attached to another district, the election shall be
conducted exclusively by the judges and clerks of the city
election, but electors residing within the bounds of such de-
tached territory shall not vote thereat ; but if territory out-
side the city limits is attached to the district, an election
shall also be held for the same purpose in the township from
which it was detached, and conducted by the judges and
clerks of the township election, but only electors residing
within the bounds of such territory shall vote thereat; the
election shall be held at the same time and places as the elec-
tion for city or township officers shall be held ; the names of
candidates for such member shall be upon separate tickets,
and all such tickets voted shall be deposited in separate
ballot-boxes, which shall be provided by the board of educa-
tion ; separate poll-books of the election shall be kept, and
Territory dt-
tached^from
citv.l
Territory at-
tached to city
dibtrict.
Sec. 3906 (a). According to the first clause of this'section, a district
adjoining a city district of the second class, and having attached to it
some territory of the city, holds its election for school officers wholly in its
own territory. All the voters resident in such district whether outside of
the city or within it, vote together for members of the board.
(6). According to the second clause, voters living outside the limits
of a city of the second class, and yet on territory attached to such city for
school purposes, do not vote within their district, that is, at the city or
ward poll, but at the poll of the township in which their school-house is
situated — depositing their ballots for school officers for the city district " in
a separate ballot-box which shall be provided by the board of education "
of the city district, since the township board is not interested in the subject.
For the same reason the separate poll-book is probably to be provided by
the same board. " The returns " — see note to 3901 — are to be made to the
city clerk, who will combine this count with the count of those cast withia
the city and returned to him.
SCHOOL OFFICERS GUIDE. I9
Ch. 2. City Districts of the Second Class, and Village Districts.
returns of the election shall be made to the clerk of the city
which constitutes the district. [75 v. 53, § 18; 82 v. 6; 83
V. 82.]
Sec. 3907. In a city district of the second class in which
'' - Election after
the board consists of as many members as the city has wards, piembership
there shall be elected biennially in each ward, at the time
and in the manner provided in the preceding chapter for
election in city districts of the first class, one competent and
judicious person to serve as a member of the board for two
years from the third Monday of April succeeding his election,
and until the election and qualification of his successor ; but
at the first election after it is decided that the board shall be
so constituted, the persons elected in wards designated by odd
numbers shall serve for only one year from the third Monday
of April succeeding their election, and until the election and
qualification of their successors; and the board shall ascer-
tain the limits of the district, assign attached territory to
wards, and make and record a plat thereof, as provided in
section thirty-nine hundred. [75 v. 53, § 18; 70 v. 195, § 101.]
Sec. 3908. In village districts members of the board of Election in
education shall be elected on the first Monday of April an- trict".
nually, to serve for the term ©f three years from the third
Monday of April succeeding their election, and until the elec-
tion and qualification of their successors ; the qualified elec-
tors of the district, including those residing within the
bounds of territory attached to the district, but beyond the
village limits, shall meet between the hours of six o'clock A..
M. and six o'clock P. M. of said day, at the usual places of
Sec. 3908(a). The evident intent of the law requires that when the Opening an*
polls are once opened, they should be kept open until the hour prescribed <''0''''"S^ polls,
for finally closing ; but the statute on the conduct of elections, section 2929,
is said to be directory, and, if so, " a departure from its strict observance
will not necessarily invalidate an election, where no fraud has been
practiced and no substantial right violated." Fry v. Booth, 19 O. S., 25.
(6). It is presumed that the same principle holds in the school law.
But the burden of proof will be on the party denying the violation of
personal rights in the case.
The polls should be opened and closed at the precise time designated
by the statute, it the statute fixes the time, or by the notice, if so fixed.
(c). For method of contesting elections, see note to section 3901.
*If one candidate is ineligible, and the other is not elected, the electiea
is void. See note d, Sec. 3917.
20 OHIO SCHOOL LAWS.
Ch. 3. City Districts of the Second Class, and Village Districts.
holding school elections, organize by the appointment of a
chairman and secretary, and proceed to vote by ballot for per-
sons to serve as members of the board ; and if the board
consist of six members, two judicious and competent persons
shall be elected each year, and if it consists of three mem-
bers, one such person shall be elected each year. [75 v. 53,
§18]
Notice of eioc- ^^^^ 39Q9 -pj^^ ^^^^^^ ^f ^j^^ 1^^^^^^^ ^f education of each
city district of the second class, and of each village district,
shall publish a notice of the election and meeting provided
for in the preceding sections, in a newspaper of general
circulation in the district, or post written notices of such
meeting in five of the most pub ic places in the district, at
least ten days before the holding of the same, which notice
tions.
Sec. 3909 (a). In the law pertaining to such notices, a day is held to
be indivisible. Hence a notice issued on any day, allows the whole of that
day to be included in the ten, or other number of days' notice, provided
Length of no- for by a statute. Since the ten days must all expire before the meeting
begins, it must also expire before the day begins on which the meeting is
held, the day itself being but a point of time. The acts of a meeting held
on any other day than that expressed in the notice, are invalid. 16 O.,
408. 4 Western Law Monthly, 215.
(6). A notice for a school electibn must state the purpose for which
it is to be held, and no other business can be legally transacted thereat, 14
Vermont, 300. The transaction of such business, however, would not
Omission of invalidate acts done in accordance <vith the notice. Furthermore, " the
notice of va- omission of the sheriff [clerk] to mention in his notice one of the vacan-
cies to be filled is not conclusive evidence of the invalidity of the election.
Taken in connection with other circumstances, it is competent evidence of
fraud or conspiracy. State v. Taylor, 15 O. S., 137. State v. Stewart, 26 O.
S., 216. But if the sheriff [clerk] fails to give such notice for one of the
vacancies to be filled, and in consequence of such neglect, only a small
minority of the electors present vote for a person to fill such vacancy, such
election is irregular and invalid. Foster v. Scarfi, 15 O. S., 532."
(c). On this subject, McCrary on Elections, g 135, says : " It must be
conceded that time and place are of the substance of every election, while
many provisions which appertain to the manner of conducting an election
may be directory only. [Dickey v. Hulburt. 5 Cal., 343.] But it does not
follow that due notice of time and place of holding an election is always
Malice of time essential to its validity. Whether it is so or not depends upon the question
am p ace. whether the want of due notice has resulted in depriving any portion of
the electors of their rights." 13 N. Y., 350; 12 Mich., 508; see also Foster
v. Scarf, 15 O. S., 532.
(d). It is more essential that proper legal notice be given for an elec-
tion to fill a vacancy, or to authorize a tax-, than of a regular, stated
election, provided for by law.
SCHOOL OFFICERS GUIDE. 21
City Districts of the Second Class, and Village Districts. Ch. 3.
shall specify the time and place of the electioa or meeting,
and the number of members to be elected. [75 v. 53, § 19.]
Sec. 3910. The secretary of the meeting or clerks of Returns to be
1 • • -It T i • , .11/.. 1-1 i 1 11 made to board.
elections in village districts provided for in this chapter shall
keep a poll-book and tally-sheet, and return the same within
five days after the election to the clerk of the board of edu-
cation of the district, duly certified. [75 v. 53, § 20.]
Sec. 3911. When the electors of a city district of the ^^^^i^^^^^f"
second class, or of a village district, the board of education of ^^'
which consists of three members, desire that the board shall
consist of six members, they may make such change in the
manner following : Written or printed notices shall be posted
in at least five of the most public places in the district, at
least ten days prior to the day designated therein, signed by
a majority of the members of the board of education, or by
one member of the board and at least ten resident electors of
the district, requesting the qualified electors of the district
to assemble on a day, and at an hour and a place, to be desig-
nated therein, then and there to vote for or against such
change; the electors, when assembled in accordance with the
notice, shall appoint a chairman and two clerks, who shall be
judges of the election ; the electors in favor of the proposed
change shall have written or printed upon their ballots the
words, " Board — change," and those opposed thereto the
words, " Board — no change," and the ballots cast shall deter-
mine the question whether the change shall be made ; the
judges shall make due return of the election to the board of
education of the district, within ten days after the holding of
the same; and if a majority of the votes cast be found to be
in favor of the change, three additional members of the
board shall be chosen at the next annual election for school
officers, one to serve for one year, one for two years, and one
for three years, and annually thereafter two members of the
board shall be chosen to serve for three years, as provided in
section thirty-nine hundred and five. [70 v. 195, § 21.]
Sec. 3912. When the electors of a village desire to erect How village
!•• 1 i'i<-ii. ^^y become
it into a Village district, they may proceed in the following village dis-
manner : Written or printed notices, signed by not less than
five electors, resident of the village, shall be posted, at least
ten days prior to the day designated therein, in at least five
2 2 OHIO SCHOOL LAWS.
Cli. 3. City Districts of the Second Class, and Village Districts.
of the most public places within^ the village, requesting the
electors thereof to meet for the purpose of voting on the ques-
tion of establishing a village district, on a day, and at an
hour and a place, to be designated in the notices; the meeting
shall be held within the limits of the village, between the
hours of six o'clock A. M. and six o'clock P. M., and the polls
shall be kept open at least six hours ; the electors, when
assembled in accordance with this notice, shall appoint a
chairman and two clerks, who shall be judges of the election ;
the electors in favor of the proposed village district shall have
written or printed on their ballots the words, ''Village dis-
trict, yes," and those opposed thereto the words," Village district,
no;" and the votes cast shall determine the question whether
such village district shall be establisbed; if a majority of the
votes cast at such election be opposed to the establishment of
such village district, the question of establishing the same
shall not again be submitted to the electors of the village
until the succeeding regular annual election for village offi-
cers, and then only upon notice being given as above provided ;
and if a majority of the votes cast at such election be in favor
of the establishment of such district, the village may be
organized as a village district in the manner provided in the
next two sections. [74 v. 140, § 4.]
H.ow.%^iiiagc gEc. 3913. Written or printed notices, signed by not
ganizert. jggg ^hati five clcctors residing within the limits of the vil-
lage, shall be posted in at least five of the most conspicuous
places therein, requesting the electors of the village to meet
for the purpose of electing a board of education for such pro-
posed village district, on a day, and at an hour and a place,
designated in the notices, which notices shall be posted at
least ten days prior to the day designated in them for such
meeting ; the electors, when assembled in accordance with the
Sec. 8912. Under the act of March 14, 1853, (51 v. 429), when an
incorporated village was formed within or to include a material portion of
a sub-district, no portion thereof is, by reason of such incorporation, with-
drawn from the school jurisdiction of the township, but the whole continues
to be a sub-district until the actual election or appointment of a separate
school board, and the portion of a sub-district not included within the
limits of such incorporated village, is "territory annexed for school pur-
poses" within the meaning of the act. Cist v. State, 21 O. S., 339.]
SCHOOL OFFICERS GUIDE.
23
City Districts of the Second Class, and Village Districts.
Ch. 3.
notice, shall appoint a chairman and two clerks, who shall be
judges of the election, and shall then choose by ballot six
competent and judicious persons to servre as members of the
board of education of the proposed district — two to serve for
one year, two to serve for two years, and two to serve for three
years, from the third Monday of April next preceding the
organization of the district, and until the election and quali-
fication of their successors ; but if the election be held on the
day of the annual election for school oflEicers, there shall be
elected two persons to serve for one year, two for two years,
and two for three years, from the thir ! Monday of April suc-
ceeding their election, and until the election and qualification
of their successors. [71 v. 55, § 5.]
Sec. 3914. If such election be held on the first Monday organization
of April, the board elected thereat shall organize at the time
and in the manner provided in section thirtyrnine hundred and
Sec. 3913. " . Notice given on the first day of tlic iu<»iith for such
election on the tenth, is not sufficient. See note to section 3909.
[b). If the time of the giving of the notice is not stated, it may be
proved.
(c). If an emergency should occur, making it necessary to change the
place of holding the election after the regular notice has been given, and if
such notice is given as would leave no excuse for not voting on account of
the change, the election would not be invalidated by such change. 78 Illi-
nois, 171.
■■ {d). When candidates for difl'erent terms are running for the office of
director, the term each is to serve should be designated on the ballots, and
such designation can not be disregarded by the judges of election. 20 O. S.,
386.
(e). This decision means this: the judges can count no votes on vjhich such
designation does not appear. When the election is that of members for two or
more different terms, the offiers are two or more distinct offices.
(/). Receiving illegal or improper votes will not alone vitiate an
election. It must be shown affirmatively, in order to overturn the declared
result, that the wrongful action changed it. Dillon on Municipal Corpora-
tions, 261.
(g). Statutory provisions regarding an election are often regarded by
the courts as directory, and if the courts can determine what the popular
will was in the case, they are likely to sustain it. This is more especially
true regarding the election oi officers. The construction is more rigid
regarding votes to supply money — to impose taxes. See notes to sections
3909, 3916, 3981, etc.
{h). As to fraudulently receiving votes by judges and fraudulent
counts by them, see notes to section 3901.
Time of no-
tice.
Change of
place.
Designation
of term on
ballots.
Illegal votes.
Statutes oftem
directory.
24
OHIO SCHOOL LAWS.
Ch. 4.
Township and Special Districte.
eighty] but if the election be held at any other time, the
board shall organize on the next Monday thereafter, and in
the same manner. [71 v. 55, § 6.]
CHAPTER 4.
TOWNSHIP AND SPECIAL DISTRICTS.
Section
3915. Township board of education-
how constituted and organ-
ized.
3916. Election and qualification of di-
rectors.
3917. Notice and conduct of election.
3918. Meeting of directors.
3919. How vacancies in board filled.
3920. Regular and special meetings of
board.
3921. Map of township district : change
of sub-districts.
Sectiox
3922. Elections in new sub-districts.
Board of special district— how con-
stituted, and how increased.
Election of members.
Notice and conduct of election.
3926. How special districts abandoned.
3927. Members of the board to become
directors ; disposition of prop-
erty, etc.
3923.
39.'-l.
.3925.
TOWNSHIP DISTRICTS.
■l"ovvnslii|i
board; oi clu-
cation— how
constituted
and organ-
ized.
Surrender of
charter.
Ownership of
property.
What (•on.'<ti-
tutes a (juu-
rum.
<<ertilicate of
membership.
Section 3915. The board of education of each township
district divided into sub-districts shall consist of the town-
Sec. 3914 ia). A village oi a city of the h;ecoiul class may surrender
its charter without its school organization being affected thereby. Revised
Statutes, sections 1640 and 164.3.
(6). The property, real and personal, within the village district so
established, now belongs to said district, including a pro rata share of all
moneys now in the treasury of the township district, and of the levy or
levies already made.
(c). All proceedings connected with the organization of the district
should be recorded by the secretary in the records of the district, so that the
facts concerning its formation and organization may be readily obtained in
caife the validity of the proceedings should ever be questioned.
Sec. 3915 (o). This quasi membership of the clerk leaves it in doubt
whether half of the sub-district clerks with him, would constitute a quorum _
It is presumed that a quorum of a majority will, by its votes, be able to
protect tlie imblic interests. If the clerk, a non-voter, and hence not in the
full seu-^t' a ineiulier, can help to make a quorum, this theory of the law is
here counteracted. Hon. E. E. White submitted the opinion that the town-
ship clerk may fill up a quorum, and his successors in this office have gen-
erally adopted this view.
(6). The certificate of an election as clerk of a local board of directors,
signed by the chairman and secretary of the meeting of such directors con-
vened for the purpose of organizing, is conclusive evidence of membership
in such township board. The township board of education can not g»
behind such evidence, except in case of fraud.
SCHOOL officers' GUIDE. '25
Township and Special Districts. Ch. 4.
ship clerk, and the directors who have been appointed clerks
of the sub districts ; the board of a township district which is
not divided into sub-districts shall consist of the township
clerk, and the directors of the district ; the board of a town-
ship district which is composed of not more than two sub-
districts shall consist of the township clerk, and the directors
of the two sub-districts; and the clerk of the township shall
be clerk of the board, but shall not be entitled to a vote.
[70 V. 195, ^§ 26, 29 ; 70 v. 241, § 44.J
Sec. 3916. There shall be elected bj ballot, on the second Election and
Monday of April, annually, in each sub district, and in each of directors.
township not divided into sub-districts, by the qualified elec-
tors thereof, one competent person, having the qualifications
of an elector therein, to be styled director, who shall hold his
ofiice for three years from the day of his election, and until
his successor is elected and qualified; and such director shall,
within five days after his election, take an oath or affirmation
to support the constitution of the United States, and the con-
stitution of the State of Ohio, and to discharge the duties of
his office faithfully and impartially, which oath or affirmation
may be administered by any director of a sub-district of the
township, or by the township clerk. [75 v. 81, § 27.]
Sec. 3917. The clerk of each sub-district, or if a town-
ship is not divided into sub-districts, the clerk of the town-
ship, shall post written or printed notices in three or more
conspicuous places in his sub-district or township, as the case
may be, at least six days prior to the day of election, desi^nat-
Sec. 3916 (a). When the legislature has fixed by law the time for i^eg^i time of
holding an election of officers, an election at any other time, unless pro- election,
vided foi' by law, is unauthorized and void. State v. Dombaugh, 20 O. S.,
167.
(6). No person can exercise the functions or perform the official JIust be elect-
duties of an elective officer until he has been both elected and qualified. fl'ed^. '^"'^ ^
(c). An official trust can not be delegated ; see III Central Law Jour-
nal, page 472. Hence the practice sometimes resorted to in this State, of can not be
calling on a neighbor to attend a meeting of the local directors, and even of delegated.
a township board, is manifestly illegal, and the acts of such boards, which
depend on the votes of such substitules, are invalid and void.
(d). A person who is entitled to vote at a township election, may vote voters in sub-
f«r a director in the sub-district in which he actually resides, however districts.
recently his residence was acquired.
(e). See also notes under 3913.
26
OHIO SCHOOL LAWS.
Ch. 4.
Towuship and Special Districts.
Meeting of
directors.
Failure to sign
poll-book and
tally-sheet.
lueUgible can-
didate.
Wrong initials
te name.
ing the day and hour of opening, and the hour of closing the
election; the election shall be held at the usual place of
holding school meetings in the sub-district, or township which
is not divided into sub-districts ; the meeting shall be organ-
ized by appointing a chairman and a secretary, who shall act
as judges of the election ; and the secretary shall keep a poll-
book and tally-sheet, which shall be signed by the judges,
and delivered within eight days to the clerk of the township.
[77 V. 63.1
Sec. 3918. The directors of each sub-district, two of
whom shall constitute a quorum, shall meet within five days
after the second Monday of April each year, at such place as
may be most convenient in the sub-district, and organize by
appointing one of their number clerk of the sub-district, who
Sec. 3917 (a). The officers of an election board cannot, after dissolv-
ing the board and dispersing, return and perform any official act regarding
such election. When they have dispersed, they cease to be officers of the
election— are /M?ic«i officio. 21 O. S., 216 ; 14 O. S., 315.
(6). When judges and clerks of election fail to sign poll books and
tally sheets, to fill up blanks in the caption, or to carry out the aggregate
votes, such omissions and mistakes may be corrected upon the trial of a
contest, by parol evidence, and when so corrected, the documents, sustained
by the parol proof, are competent evidence of the result of the election. 16
O. S., 184.
(c). When poll-books are substantially in compliance with law, the
clerk, and the justices called to his aid, are not authorized to reject the
same on account of alleged fraud. Phelps vs, Schroder, 26 O. S., 549.
(d). In case a candidate receiving the highest number of votes at an
election is ineligible, the next highest candidate is not elected. (See 13
Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117.) Another election shall
be provided for, or an appointment be made according to law.
(e). A person voted for under the name of E. H. Smith, whose name is
H. E. Smith, there being no such man as E. IL Smith, should have the
votes counted, if the judges are satisfied that the person H. E. Smith was
intended. See case of Gates v. Beck with, II W. L. M., 589.
See, also, State ex rel. Jas. E. Campbell v, Charles Foster, Governor, and
Charles Townsend, Secretary of State, Ohio Law .Journal, Feb. 10, 1883, iu
which the court held :
"Where the Governor and Secretary of State, under section 2886 of the
Revised Statutes, in canvassing the returns of votes from a congressional
district aggregate the votes returned from one county for H. L. Morey, with
the votes r -turned from other counties for Henry L. Morey, treating the
names as designating the same person, a mandamus will not be awarded
requiring the votes thus aggregated to be counted as given for difTerent per-
sons, in the absence of an averment that the votes were intended for diffW-
ent persons."
SCHOOL OFFICERS GUIDE. 27
Township and Special Districts. Ch. 4.
shall preside at the official meeting of the directors, and
record their proceedings in a book to be provided for that
purpose, together with the minutes of the proceedings of the
annual school meetings held in the sub-district by the elec-
tors thereof, which shall be a public record; all such pro-
ceedings, when so recorded, shall be signed by the clerk ;
the directors may meet as frequently as they deem necessary
for the transaction of business, and may fill vacancies in the
office of clerk, or, if the clerk be absent, either of the other
directors may officiate temporarily in his place ; but no busi-
ness shall be transacted at a meeting of which due notice has
not been given to each of the directors of the sub-district,
either personally or by a written notice left at his residence •
or usual place of business. [70 v. 195, § 28.]
Sec. 3919. If the qualified electors of a sub-district, or of How vacan-
cies in board
a township not divided into sub-districts, fail to meet and flUed.
elect a director on the second Monday of April in any year, as
prescribed in this chapter, or if a vacancy occur in the board
of directors, any three qualified electors of such sub-district or
township may call a special meeting of the directors thereof
within ten days after such failure to elect, or the occurrence
Sec. 3918 (a). As the township board is to organize and do business organization
on the third Monday of April, it is quite necessary that the directors organ- '*f board,
ize promptly after the day of election. No meeting of such directors is
legal unless every director has had due notice of it.
(6). The notice for each meeting must be personal, or in writing, left
as directed in the law. If the mail should be resorted to, and it could be Notice to
proved that each member actually received notice, it might be held sufh- ™^™ '^^'
cient. The presumptions are against such procedure, and the burden of
proof would certainly be on the party affirming such sufficiency.
(c). Though a member may be out of town, it would appear that action
done without leaving the notice as required, would be illegal and invalid-
16 Maine, 185.
(d). In the absence of the duly elected clerk, at any legal meeting of Clerk pro
the directors, a clerk pro tern, may be appointed. Such appointment does ^®°^"
not make him a member of the township board.
(e). No pretended or attempted acts of a board of education or of a
local board of directors, has any legal validity whatever, except as they are be'tranEacfe'd ^
performed by the board in its organized capacity, its acts being duly recorded ** meeting,
on its journal. The board is one organized body and not even an aggregate
of three or six men, whose separate acts performed at different times and
places, will constitute a legal act in any sense, nor for any purpose requiring
official sanction. 22 O. S., 144 ; 25 Mich., 483.
(/). As to contest of elections, see notes to sections 3906, 3987, etc.
28
OHIO SCHOOL LAWS.
Ch. 4.
Township and Special Districts.
Map of town-
ship district ;
change of snb-
districte.
of such vacancy, for the purpose of electing a director, on first
giring five days' notice in writing of the time and place of
holding such meeting, by posting the same in three of the
most public places in the sub-district or township; the
director elected at such meeting shall hold his office for the
unexpired term to be filled, and until the election and quali-
fication of his successor ; and if there be a failure to hold such
general election, or the special election provided for in this
section, the township clerk shall appoint some suitable resi-
dent of the sub-district to act as director until the next elec-
tion, and until the election and qualification of his successor.
[70 V. 195, § 20.]
Sec. 3920. The board of education shall hold regular
sessions on the third Monday of April and the last Monday of
August in each year, at the usual places of holding township
elections, or at such place in the immediate vicinity thereof
as may be convenient, for the transaction of business, and
may adjourn from time to time, or hold special meetings at
any other time or place within the township, as it deems
desirable, for the transaction of business; which special
meeting may be called by the township clerk, by the presi-
dent of the board, or by two or more members of the board,
but each member of the board must be duly notified thereof
personally, or by written notice left at his residence or usual
place of business. 70 v. 195, § 31 ; 86 v. 346.]
Sec." 3921. A map of each township district shall be
prepared by the board, as often as it may deem necessary, in
which shall]be designated the'numbers and boundaries of the
sub-districts thereof; the board may at any regular session,
increase or diminish the number, or change the boundaries of
sub-districts; but no sub-district shall contain less than
Computation
of time.
General re-
4|uirements as
to notice, et«.
Sec. 3919 (a). When the time is calculated from an act done, thp
whole day on which the act is done is included; but if the calculation be
from the day itself, then the day is excluded.
(6). As to what a notice must contain, see notes to section 3991.
(c). The term election implies a choice of a qualified person to an office
by an electoral body, at the time, and substantially in the manner, and with
the safeguards provided by law, to prevent surprise upon the electoral body-
15 O. S., 534.
Sec. 3920. The adjourned meetings of a regular session are regular
meetings.
SCHOOL officers' GUIDE. 29
Township and Special Districts. ' Oh. 4.
Electioa in
sixty resident scholars by enumeration, except in cases where,
in the opinion of the board, it is necessary to reduce the
number ; and any sub-district which may be established by
act of the general assembly shall be governed by the pro-
visions of this title, except that it cannot be changed or con-
solidated by "the board within three years after its formation,
unless the written consent of two-thirds of the electors resid-
ing in the territory affected by such change is obtained. [75
V. 120, § 32.J
Sec. 3922. When the board consolidates two or more
sub districts into a new sub-district, or establishes a new tS^"'''*^^"
sub-district in any other way, it shall call a special meeting
of the qualified electors resident in the new sub-district, for
the purpose of electing directors for the same ; at least five
days before the time fix^d for the meeting the board thall
post, in three of the most public places in the new sub-
district, written or printed notices, stating time, place,
and object of holding the meeting ; the election shall be con-
ducted as provided in this chapter, and three directors shall
be elected, one to serve for one year, one for two yeare, and
one for three years from the annual meeting next preceding
the organization of the new sub-district ; and the terms of
office of the directors of sub-districts so consolidated shall ex-
pire at the time such new sub-district is created. [75 v. 120, •
§ 32.J
Sec. 3921. The term ''sub-district," as used in section 1 of this sup-
plementary act of April 9, 1867 (64 v. 117), does not include the subordinate exist only in
territorial divisions of separate school districts into which a city or village tri^ts^ '^^'
may be sub-divided, but applies exclusively to township or county sub-
districts. [Anders v. Spargur, 19 O. S., 577.]
Sec. 3922 (a). The attaching of a territory composing a sub-district to Effect of at-
adjacent sub-districts by a township board of education, under section 32 ol tory^°^ teiii-
the act of May 1, 1873 (70 v. 203), is not a consolidation of two or more sub-
districts into a new sub-district, within the meaning of said section, but is a
change or alteration of the boundaries of the sub-districts ; and the offices of
local directors in the sub-district to which such territory is attached are not
thereby vacated. [State v. Gibbs, 25 O. S., 256.]
(6). In case of consolidation of sub-districts, members of local boards
continue to serve and the clerks remain in the township board, until the
actual election and qualification of the new board. 21 O. S., 339.
30
OHIO SHOOL LAWS.
Ch. 4.
Township and Special Districts.
SPECIAL DISTRICTS.
Board of spe-
cial district-
how consti-
tuted, and
how increa>^(
Election of
memhers.
Notice and
conduct of
election.
Sec. 3923. The board of education of each special dis-
trict shall consist of three members, who shall be residents of
the district, and have the qualifications of an elector therein ;
and when the electors of any special district, the board of
education of which consists of three members, desire that the
board shall consist of six members, they may make such
change in the same manner as provided for city districts of
the second class and village districts, in section thirty-nine
hundred and eleven. [70 v. 195, § 22.]
Sec. 3924. There shall be elected annually, by ballot, on
the second Mondaj'^ of April, in each special district, by the
qualified electors thereof, at the usual time and place of hold-
ing school elections in such district, one judicious and com-
petent person to serve as member of the board for three years
from the first Monday succeeding his election, and until the
election and qualification of his successor ; but in special
districts hereafter established, the first election for members
of the board shall be held within twenty days after such
establishment, at least five days' previous notice of which,
stating the time and place of meeting, and signed by at least
three electors of the district, shall be posted in three of the
most conspicuous places in the district ; at such meeting a
chairman and clerk shall be chosen, and there shall be elected
three members of the board, one to serve until the third
Monday of April next succeeding his election, and one to
serve for one year, and one for two years from said third Mon-
day, and each to serve until the election and qualification of
his- successor. [71 v. 57, § 23; 75 v. 120, § 19.]
Sec 3925. The clerk of the district shall post written or
printed notices, in three or more conspicuous places in the
district, at least six days prior to the day of election, desig-
nating the day and the hour of opening and closing the elec-
tion ; and the election shall proceed, and a return thereof be
made, in the manner provided for elections in village dis-
tricts, and shall continue at least two hours. [71 v. 57, § 24.]
Sec. 3924. If not held on the day fixed by law, see note on sec. 391H.
Sec. 3925. Notice on the first for an election on the sixth, is not sufii-
cient. See note on sec. 3909.
SCHOOL OFFICERS GUIDE. 3 1
Township and Special Districts. Ch. 4.
Sec. 3926. When the electors of a special district desire ^^ZiiT^Jbrny-
to abandon their organization, and become a part of the '^'^"^'f'-
township district of the township in which such special dis.
trict is located, they make the change in the following man-
ner : Written or printed notices shall be posted in at least
five of the most public places in the district, signed by a
majority of the members of the board of education, or one of the
board and at least six resident electors of the district, request-
ing the qualified electors thereof to assemble on a day, and at
an hour and a place, designated in the notices, which notices
shall be posted at least ten days prior to the day designated
in them, then and there to vote for or against such change .
the electors, when assembled at the time and place desig-
nated in the notices, shall appoint a chairman and two
clerks, who shall be judges of the election, which shall con-
tinue at least two hours; those in favor of the proposed
change shall have written or printed on their ballots the
words "School — change," and those opposed thereto the words
"School — no change," and a majority of the ballots cast shall
determine the question whether the change shall be made ;
the judges shall within five days after the election, make due
return thereof to the board of education of the district ; and if
a majority of the votes cast are in favor of the change, the
board shall immediately certify that fact to the township
board, which shall thereupon assume jurisdiction of the terri-
tory, property, and afiairs |of the special district, and there-
after^treat such district as a sub-district of the township dis-
trict. [72 V. 27,' § 25.]
Sec. 3927. The members of the board of education of
the special district shall be directors of the sub-districts so theboard'to
created, for the remainder of the terms for which they were torsTdisposi-
elected respectively; the clerk of the special district board erty.etc^'^"^'
shall deliver to the clerk of the township board all the books
and papers of the special district in his custody, and notify
the county auditor, in writing, of the abandonment of the
organization of the district ; the treasurer of the special dis-
trict board shall deliver to the treasurer of the township
Sec. 3926. The general rule in computation of time within which an
act is to be done is to exclude the first day and include the last. [Am. Law
Begister, N. S. X .36; 16 O. S., 208, 209.]
OHIO SCHOOL LAWS.
Ch. 5.
Joint Sub-districts.
board all the books, papers, and money of the special district
in his possession; the township board shall complete all
unfinished business pertaining to the special district; any
debt contracted by the special district board shall be paid out
of the money transferred to the treasurer of the towjiship
board, as herein provided, and money arising from taxes
levied by the special district board ; and if such funds are in-
sufficient therefor, the remainder shall be paid by a special
tax upon the property of the sub district so created. [72 v.
27,§2\]
CHAPTER
JOINT SUB-DISTRICTS.
Section
3928. Township boards may establish
by mutual agreement.
How the school governed and
supported.
Further provisions for establish-
ment.
May be established on petition.
What petition to contain.
Clerks to give notice of tiling, etc.
When petition may be filed with
probate judge.
Security for costs to be given.
Time and place of meeting of
commissioners.
Publication of notice.
Commissioners to be appointed.
Oath and duties of commission-
ers.
3929.
3930.
3931.
3932.
3933.
3934.
3935.
3936.
3937.
3938.
3939.
Section
3940. Clerks to have present plats and
papers.
3941. The report of the commissioners.
3941a. When local board may desig-
nate site for school-house.
The effect of the report.
Judgment for costs; what fees al-
lowed.
Report and judgment for sub-
district.
3945. How costs paid in such cases.
3946. Petition for other purposes.
Proceedings thereon.
When such petition may be filed
with probate judge.
Election, duties, etc., of directors.
Power to change joint sub-districts
limited. .
3942.
3943.
3944.
3947.
3948.
3949.
3950.
Section 3928. When the better accommodation of
boards may scholars makes it desirable to form a sub-district, composed of
establish bv . i i j /• j • r
mutual agree- Tjarts of two or morc towuships, the boards of education oi
mcnt. -^
the townships interested may, by mutual agreement, at a
joint meeting held for the purpose, establish the same, and
fix the boundaries thereof; if there is no suitable school-
house within such boundaries, or if there is one, but it is not
Mutual con-
sent.
Teacher, where
examined.
Section 3928 (a). [Mutual agreement implies consent of each board
interested ; that is, it requires a majority of a quorum of each board to form
a joint sub-district.
i^b). Joint sub-districts can be established only by a transfer of terri-
tory. The teacher thereof must hold a certificate from the board of exami-
ners of the county in which the school-house is situated.]
{c). These proceedings should be carefully recorded. See note (c) to
section 3914.
SCHOOL OFFICERS GUIDE 33
Joint Sub-districts. Ch. 5.
suitably located, the board shall designate a site whereon to
erect such building ; but if there is a suitable school-house
within such boundaries, properly located, the school shall be
held therein ; a chairman and secretary shall be chosen at
such meeting, and the secretary shall make a memorandum
of the proceedings had thereat; a copy of such memorandum,
signed by the chairman and secretary, shall be transmitted
to the clerk of each of the boards, who shall record the same
in his record of proceedings of the board; and the secretary
shall transmit a like copy of the proceedings to the auditor
of each county having territory embraced in the sub-district.
[70 V. 195, § 34]
Sec. 3929. The school in a joint sub-district shall be how the
under the control of the board of education in the township emed and
in whic;h the school house is situate, of which board the
director who is clerk of the joint sub-district shall be a mem-
ber ; but such school shall be supported from the school funds
of the townships having territory in the joint sub-district, in
proportion to the enumeration of youth, as provided in sec-
tions thirty-nine hundred and sixty-one and thirty-nine hundred avid
sixty-two. [75 v. 84, § 35.]
Sec. 3930. Joint sub districts may be established also in Further pro-
. -^ visions for es-
the manner provided in succeeding sections of this chapter. tabiishment.
Sec. 3931. Three or more qualified electors, resident of Maybeestah-
^ lished on pe-
the territory sought to be included therein, may apply, in tition.
writing, to the board of education of any township wherein
any part of the territory is situate, for the creation thereof.
[75 V. 120, § 1.]
Sec. 3932. The petition shall describe the territory what petition
•^ to contain.
sought to be included in the joint sub-district, may set forth
the reasons requiring the creation thereof, and shall be filed
with the clerk of the board cf education to which it is
addressed. [75 v. 120, § 2.]
Sec. 3933. Upon the filing of such petition, such clerk
. ^ r. Clerks to ^ive
shall forthwith give notice thereof, in writing, to the mem- notice of fii-
ing, etc.
Sec. 3929 (a). "Shall be a member," let him live in which township
he may.
(b). No money will be contributed from a township which has no
youth enumerated within the joint sub-district.
3
34
OHIO SCHOOL LAWS.
Ch. 5.
Joint Sub-districts.
When petition
for joint sub-
district may
))e iiled with
probate judge.
Security for
costs to be
giren.
Time and
place of meet-
ing of commi»-
ttioners.
Publication of
notice.
bers of the board of which he is clerk, which notices shall
name a suitable and convenient place, and a day and hour, for
the boards to meet; he shall also transmit a like notice, forth,
with, to the clerks of all other boards of education having
jurisdiction over any of the territory sought to be aflected;
and such clerks, upon the receipt of such notice, shall in like
manner give notice forthwith of the filing of such petition,
and of the time and place of meeting, to each member o' their
respective boards. [75 v. 120, § 3.]
Sec. 3934. It shall be the duty of such boards .to meet
and consider the petition within thirty days from the time
the same is filed, but if they do not do so within sixty days
from such time, or having met, established, or determined not
to establish a joint sub-district, three or more electors of the
territory sought to be included therein may file a petition or
remonstrance, for or against the same, with the probate judge
of the county ; and if the territory sought to be included there-
in is situated in two or more counties, the petition may be filed
with the probate judge of either county. [75 v. 120, § 4;
78 v. 8.]
Sec. 3935. The petitioners shall also file with the pro-
bate judge the undertaking of one or more of their number,
with security to the satisfaction of the judge, in the sum of
one hundred dollars, conditioned that the petitioners will pay
all the cost of a proceeding if a joint sub district be not estab-
lished thereby. [75 v. 120, § 5.]
Sec. 3936. Upon the filing of such petiticn and under-
taking, the judge shall fix a time, not more than sixty days
thereafter, and a place, which shall be the school-house upon
the territory, if there is one thereon, and if there is more than
one school-house thereon, then the house last built, and if
there is no school-house thereon, then some convenient place
within the territory, for the meeting of the commissioners
hereinafter directed to be appointed. [75 v. 120, § 6.]
Sec. 3937. The judge shall thereupon cause to be pub-
lished, for four consecutive weeks, in two newspapers of oppo-
site politics, printedand of general circulation iji the county
where the petition is filed, notice of the filing of ruch petition,
and of the time and place of meeting of the commissioners.
[75 V. 120, § 7.]
SCHOOL OFFICERS GUIDE.
35
Joint Sub-districts.
Ch. 5.
Sec. 3938. The judge shall also make an order appoint-
ing three judicious, disinterested men of the county, and not
residents of either of the townships to be affected, to be com-
missioners, and to act in the premises; if a person so appointed
die, or fail from any cause to be present and to act, or if he
give notice of his inability to serve, the judge shall forthwith,
by order, appoint another in his stead, who may act as if he
had been originally appointed ; and the judge shall deliver a
copy of the petition and his order to the commissioners, and
shall instruct them in the law applicable to such proceed-
ings. [75 v. 120, § 8.]
Sec. 3939. The commissioners shall take an oath to dis-
charge faithfully the duties r- quired by this chapter, accord-
ing to the best of their knowledge and understanding, ard
shall meet at the time and place named in the published nq.-
tice, may examine witnesses under oath, which may be
administered by one of their own number, and consider and
determine the question whether a joint sub-district ought to
be established. [75 v. 120, § 9.]
Sec. 3940. The clerk of the several boards of education
interested shall be present at the meeting of the commission-
ers, and have with them the plats of the several townships,
with the lines of the several sub-districts marked thereon,
and such other papers and documents as will serve to inform
the commissioners, and give them a correct idea of the wants
of the petitionsrs. [75 v. 120, § lO.J
Sec. 3941. The commissioners shall report, in writing,
to the probate judge:
1. Whether or not a joint sub-district ought to be estab-
lished, and their reasons therefor.
2. If they find in favor of the establishment of a joint
sub district, they shall give the lines and a plat thereof;
they may also change the lines of the sub-district proposed in
the petition, by including therein other territory, or exclud-
ing territory included therein, or both; and if there is no
Commission,
ers to be ap- .
pointed.
Oath and du-
ties of com-
missioners.
Clerks to liave
present plats
and papers.
The report of
the commis-
sioners.
Sec. 3934. The petition is first to go to the board of education and ^ .. .
, . £ 1 1 . , , Petition must
only in case oi there being three persons who are to be affected by the neg- he first pre-
lect of the board to act, or by their establishment of, or determination not hoard^ ^° ^^^'
to establish such joint sub-district, can the petition or remonstrance go to
the probate judge.
36 OHIO SCHOOL LAWS.
Ch. 5. Joint Sub-districts.
suitable school-house within such boundaries, or, if there is
one, but it is not suitably located, they shall designate a site
whereon to erect such building. [75 v. 120, § 11.]
t%Str'^ Sec. H941 a. Where, in any joint sub-district heretofore
house!^ ^*^^°^^ established by proceedings in the probate court, there is no
suitable school-house, and no site has been designated where-
on to erect such building, the local directors, or a majority of
them, of such joint sub-district, are hereby authorized
and required to designate a site for such school-house, and
report the same to the clerks ol the boards of education of the
several townships having territory in such joint sub-district.
And the board of education of the township in which such
wiuonto es-" school-housc site is located, shall, at its next meeting there-
ima e. after, at which it may make the annual estimates and levies
for school purposes, make the necessary estimate to purchase
such school-house site, and to erect and furnish a suitable
school-house thereon, according to the provisions of section
Proceedings if thirly-iiine hundred and sixly-one. And if such board of educa-
tion fail to make and report such estimate, to the county
auditor before the first Monday of June next thereafter, the
county commissioners of such county shall, at the request of a
majority of the local directors of such joint sub-district, make
such estimate and levy and report at the same time to the
county auditor. And such levy shall be made and the money
collected in like manner as the funds are levied and collected
for ot>er joint sub-districts. [80 v. 62.]
The effect of gj^c. 3942, The report of the commissioners, if against
the report. '^ °
the establishment of a joint sub-district, shall be a bar to any
proceeding to e tablish a joint sub-district out of any of the
territory described in the petition for three years ; and if the
report be in favor of the establishment of a joint sub-district,
Sec. 3942. There is little reason to suppose that the word "final" in
intended to mean any more than it would mean, in case the boards of edu-
cation had themselves proceeded to complete the formation of a joint sub-
district. It becomes, by this act of the commissioners, an established joint
Dissolution of sub-district, ready for the completion of its organization by the election of
d^trict!^* ^^^ directors and the erection of a school-house en the site designated by the
commissioners. In case the legislature had established the district, a board
could not, of course, repeal its act. If the boards had formed it, they could
dissolve it. It is, no doubt, in the same condition it would be in had the
boards formed it.
SCHOOL OFFICERS GUIDE. 37
Classification and Change of Districts. Ch. 1.
it shall be final, unless set aside by the probate court for
fraud. [75 v. 120, § 12.]
Sec. 3943. If the report be against the establishment of S^'vvSa't*'"
a joint sub district, the judge shall render judgment against ^^^^ allowed.
the petitioners for all the cost of the proceeding ; and the
commissioners and the judge shall receive the same fees as
are authorized to be charged for like services in proceedings to
establish roads, and such other fees as are authorized by law.
[75 V. 120, § 13.]
See. 3944. If the report be in favor of the establishment ^fg^enrfof
of a joint sub-district, the judge shall make an entry con- sub-district.
firming the same; and a certified copy of the report, includ-
ing the plat and his order, shall be delivered to the clerk of
the board of education of each township interested therein,
and thereafter such joint sub-district shall be fully estab-
lished, and it shall be governed and controlled in the same
manner as joint sub-districts otherwise established. [75 v.
120, § 14.]
Sec. 3945. In such case the judge shall tax the costs of
the proceedings to the board of education of the several in such case.
townships interested, in such proportion as he may deem
just and equitable, and certify the same to the clerks of such
boards; and the ^boards shall be liable therefor, and at the
first regular or special meeting of each thereafter payment of
the amount so taxed to it shall be ordered. [75 v. 120, § 15.] petition for
Sec. 3916. A petition may, in like manner, be filed «^<^i^ Purposes,
with the clerk of the board of education of any town.«hip, '
praying for the creation of an additional sub-district, or for
changing the lines of sub-districts, or for the creation of a
Sec. 3945. Concerning tlie record of these proceedings see note (c) to
section 3914.
Sec. 3946 (a). The petition is not applicable to a case in which it is
sought to change the boundaries between two special or two village or city
districts, or between a special and a village or city district. It pertains cable whenf
only to cases in which the boundaries of a sub-district are in some way to
be affected, as only in such cases has the township board jurisdiction. But»
according to section 3893, the boards of education having the management
of such special, village, or city districts may transfer their territory from
one to the other. Ham. Co. Com. Pleas, Boards of Ed'n Sycamore Tp. v.
Henry C. Bowen ei al.
{b). As to what matters public notices must contain, see notes to sec-
tion 3991.
38
OHIO SCHOOL LAWS.
Ch. 5.
Joint Sub.istricts.
Proceedings
thereon.
When such
petition may
be filed with
probate judge.
Election, du-
ties, etc., of
directors.
special school district, or for changing the lines of special
or village districts, and adjoining sub-districts; but when a
special or village district is interested in such proposed
change, the petition may be filed either with the clerk of the
township board, or the clerk of the board of education of suc'i
special or village district ; ar.d when any such lines have
been so changed, they shall not be altered by any board or
boards of education until after the expiration of three years,
except upon the written consent of two thirds of the electors
residing within the territory affected by the change. ' [75 v.
120, § 16.]
Sec. 3947. Such petition may be filed with the clerk of
the board of education of such special or village district, with
the clerk of the board of education of the township, or, if the
changes sought by the petition affect territory in more than
one township, with the clerk of th^ board of education of
either township; and, upon the filing thereof, the members of
the board or boards interested shall be notified, as provided
in section thirty-nine hundred and thirty three. [75 v. 120, § 17.]
Tec. 3948. It shall be the duty of such board or boards
to meet and consider the petition within thirty days from
the time the same is filed, but on failure to do so within sixty
days of such time, or if the board or boards meet and grant, or
refuse to grant, the prayer of the petition, a petition or a
remonstrance may be filed with the probate judge of the
county, by either party, as provided in QeQlion thirty-nine hun-
dred and thirty four] and, thereafter, such proceedings may be
had thereon, and they shall have the same effect as is herein
provided for the formation of joint sub districts. [75 v. 120,
§18; 78 V. 9.]
Sec. 3949. Directors of joint sub-districts shall be elect-
ed at the same time, in the same manner, and for the same
term, as directors of other sub-districts, and shall organize at
the same time, and in the same manner, have the same
powers, perform like duties, and be subject to the same pen-
alties; but in such sub-districts hereafter established, the
first election shall be held within twenty days after such
establishment, at least five days' previous notice of which,
stating the time and pltce of meeting, and signed by at least
three electors of the sub-district, shall be posted in three of
SCHOOL OFFICERS GUIDE.
Joint Sub-districts. Ch. 5.
the most public places in the sub-district ; and at such meet-
ing a chairman and clerk shall he chosen, and there shall be
elected three directors, one to serve until the third Monday of
April next succeeding his election, and one to serve for one
year and one for two years from said third Monday, and until
the election and qualification of their successors. [70 v. 195, §
31 ; 75 V. 12a § 19. j
Sec. 3950 No joint sub-district which is now organized, Power to
or may hereafter be organized, shall be dissolved, changed or sub-districts.
altered, unless by the concurrent action of the boards of edu-
cation of the several townships having territory included
therein; provided, however, that when any board of educa-
tion, in a joint sub-district desires to dissolve, change or
alter the same, the board of education desiring such dissolu-
tion, change or alteration, shall notify, in writing, tlie boards
of education interested, of the time when they will meet to
consider the proposed dissolution, change or alteration. The
place of meeting shall be the school-house in such joint sub-
district; but if there be none, then at some convenient place
in the vicinity of such joint sub-district. If the joint boards
fail to meet, or having met, cannot agree upon a dissolution,
change or alteration, as the case may be, then the board cf
education desiring such dissolution, change or alteration,
may appeal to the probate court of the proper county,
and the same proceedings shall be had as in case
of appeals in the formation of joint sub-districts, so far
as applicable, as provided in sections 3935, 3936, 3937, 3938,
ProcGCdiiiffs to
3939, 3940 and 3941 ; and any joint sub-district established by eflfect change,
proceedings in the probate court may be dissolved, changed or
altered, as provided in this section, at any time after the
expiration of five years, or the court may dissolve the same at
any time upon being petitioned to do so by two-thirds of the
Sec. 3950. Where a joint sub-school district is established by the pro-
bate court under the provisions of sections 3930 to 3950, inclusive, of the Re-
vised Statutes, and the judgment of said court remains in full force and un-
reversed, an action by the board of education of the township in which such
joint sub-district is established, to enjoin the county commissioners from
levying a tax to support the same, can not be maintained. The judgment
of the probate court is final, unless reversed for error or set aside for fraud.
Board of Education of Washington township, Darke county, vs. John H.
Stuck et al. 39 O. S., 259.
40
OHIO SCHOOL LAWS.
Ch. 6.
School Funds.
voters repiding in the district which is affected by the change,
when the best interests of the school demand such dissolu-
tion, change or alteration. [77 v. 186; 81 v. 211; 84 v 117;
86 V. 211.]
CHAPTER 6.
SCHOOL FUNDS.
The "state
common
school fund."
Interest on
proceeds of
halt and
swamp lands.
Section
3951. The "state common school fund."
3952. Interest upon proceeds of salt and
swamp lands.
The "common school fund."
Accounts of common school fund
—how kept, etc.
Bequests, etc., in trust for com-
mon school fund.
Apportionment of school funds
by auditor of state.
To what county common school
fund paid when county line
divides original surveyed
township.
Estimate and levy for contingent
fund.
Limitation as to levy for contin-
gent fund.
Estimate to be certified to county
auditor.
Contingent fund for joint sub-
district.
3953.
3954.
3955.
3956.
3957.
3958.
3959.
3960.
3961.
Section
3962. Same when county line divides
such sub-district.
3963. Funds of district composed of ter-
ritory in more than one county.
3964. Apportionment of school funds by
county auditor.
3965. Distribution of money after ap-
portionment.
3966. Apportionm en t of com m on school
fund by county auditor when
county line divides original
surveyed township.
3967. Apportionment of contingent fund
Dy boards of education.
3968. How contingent fund to be applied
in Toledo.
3969. County commissioners to lew con-
tingent fund when board' neg-
lects.
3970. County auditor to collect fines,
etc., and inspect section sixteen
accounts.
Section 3951. For the purpose of affording advantages
of a free education to all the youth of the state, there shall be
levied, annually, a tax upon the grand list of taxable proper-
ty of the state, which shall be collected in the same manner
as other state taxes are collected, and the proceeds of which
shall constitute the "state common school fund; " the rate of
such levy shall be designated by the general assembly at least
once in two years ; and if the general assembly fail to desig-.
nate the rate for any year, the same shall be one mill
upon each dollar of valuation of such taxable property. [70
V. 195, § 126.]
Sec. 3952. The state shall pay interest annually, at the
rate of six per cent, per annum, upon all money which has
been paid into the state treasury on account of sales of lands
commonly called "salt lands," and upon all money hereto-
fore paid, or which may hereafter be paid into the state treas-
ury on account of sales of swamp lands granted to the state of
Ohio by act of congress; the money received from such sales
shall constitute an irreducible debt of the state ; and the
SCHOOL OFFICERS GUIDE. 4 1
School Funds. Ch. 6.
interest shall be apportioned annually on the same basis as
the state common school fund is apportioned, and distributed
to the several counties as provided in section thirty -nine hun-
dred andfijtysix. [70 v. 195, § 132 ; 49 v. 40, § 1.]
Sec. 3953. The money which has been, and may here- The "commQn
after be paid into the state treasury on account of sales of
lands granted by congress for the support of public schools in
any original surveyed township, or other district of country,
shall constitute the "common school fund," of which the
auditor of state shall be superintendent, and the income of
which shall be applied exclusively to the support of common
schools, in the manner designated in this chapter. [70 v.
195, §§ 127, 128.]
Sec. 3954. The common school fund shall constitute an Accounts of
common
irreducible debt of the state, on which the state shall pay in- ^'''^^°*^'e^^°^t7
terest annually, at the rate of six per cent, per annum, to be
computed for the calendar year, and the first computation on
any payment of principal hereafter made to be from the time
of payment to and including the thirty-first day of December
next succeeding; and the auditor of state shall keep an
account of the fund, and of the interest which accrues there-
on, in a book or books to be provided for the purpose, with
each original surveyed township and other district of
country to which any part of the fund belongs,
crediting each with its share of the fund, and showing the
amount of interest thereon which accrues and the amount
which is disbursed annually to each. [70 v. 195, §§ 128, 129.]
Sec. 3955. When any grant or devise of land, or any Bequests, etc.,
donation or bequest of money or other personal property, is common^"^
made to the state of Ohio, or to any person, or otherwise, in
trust for the common school fund, the same shall become
vested in said fund; and when the money arising therefrom
is paid into the state treasury, proper accounts thereof shall
be kept by the auditor of state, and the interest accruing
therefrom shall be applied according to the intent of the
grantor, donor, or devisor. [70 v. 195, § 131.]
Sec. 3956. The auditor of state shall apportion the state
Apportion-
common school fund to the several counties of the state semi- ^'^"^ of school
funds by.au di-
annually, upon the basis of the enumeration of youth there- tor of state.
in, as shown by the latest abstract of enumeration transmitted
42 OHIO SCHOOL LAWS.
Ch. 6. School Funds.
to him by the state commissioner of common schools; before
making his February settlement with county treasurers, he
shall apportion such amount thereof as he shall estimate to
h ive been collected up to that time, and, in the settlement
sheet which he transmits to the auditor of each county, shall
certify the amount payable to the treasurer of his county ; be-
fore making his final settlement with county treasurers each
year, he shall apportion the remainder of the whole fund col-
lected, as nearly as the same can be ascertained, and in the
August settlement sheet which he transmits to the auditor of
each county; shall certify the amount payable to the treas-
urer of his county; in each February settlement sheet he
shall also enter ihe amount of money payable to the county
treasurer on the apportionment of interest specified in section
thirty-nine hundred and fifty two; he ^hall also enter in each
February settlement sheet the amount of money payable to
the county treasurer on account of interest for the preceding
year on the common school fund, and designate the source or
sources from which the interest accrued; he shall transmit
with each February settlement sheet a certified state-
ment, showing the amount of interest derived from
the common school fund payable to each original
surveyed township or other district of country with-
in the county; and the treasurer of each county shall, at
each semi-annual settlement with the auditor of state, retain
in the county treasury, from the state taxes collected by him,
the amount of the funds herein mentioned shown by the
settlement sheet of the auditor of state to be payable to him
at that time; but if such amount for any county exceeds the
•Sec. 3956 (a). By section 4036 the county auditor is authorized to
employ a proper person to take the enumeration in any district whenever
the same is not taken as required by law, and section 4038 makes the clerk
liable for all damage or loss accruing to any school district by his neglect
to cause such enumeration to be taken and returned to the county auditor.
(6). The Auditor of State apportions these funds to the several coun-
ties, and certifies the same to the county auditors, and they apportion them
to the school districts in the couuty, giving the clerks and treasurers of
school districts a copy of such apportionment, and giving orders on the
county treasurer for the amounts so apportioned, and taking their receipts
therefor.
(c). All fines, etc., collected and paid into the county treasury should
be disbursed to the proper school districts in the same manner.
SCHOOL OFFICERS GUIDE.
43
School Funds.
Ch. 6.
amount of state taxes collected therein, the auditor of state
shall draw an order on the treasurer of state, in favor of the
treasurer of such county, for the balance of school funds due
his county, and transmit the same to such county treasurer,
and the treasurer of state shall pay such order upon its pre-
sentation to him. [70 v. 195, §§ 120, 130.]
Sec. 3957. If parts of an original surveyed township or
fractional township are situate in two or more counties, the
amount of interest on common school fund due to such town-
ship shall be paid in the manner provided in the last section,
to the treasurer of the county wherein the greatest relative
portion of such township is situate ; but if it be uncertain in
which county such portion is situate, the amount of interest
due to such township shall be paid to the treasurer of the
oldest county in which any part of the township is situate.
[70 V. 195, § 130.]
Sej. 3958. Each board of education shall, annually, at a
regular or special meeting, to be held between the third Mon-
day in April and the first Monday in June, determine by
estimate, as nearly as practicable, the entire amount of money
necessary to be levied as a contingent fund for the continu-
ance of the school or schools of the district, after the state
funds are exhausted, to purchase sites for school-houses, to
erect, purchase, lease, repair, and furnish school-houses, and
build additions thereto, and for otaer school expenses. [75
V. 526, § 56 ; 75 V. 101, § 4 ; 80 v. 17, 124 ; 81 v. 177.]
To what coun-
ty common
school fund
paid when
county line di-
vides original
surveyed
township.
Board of edu-
cation to make
estimate for
expenses.
Sec. 3958 (a). "It is a general rule that statutes, so far as they limit
a time for the performance of an act by a public officer, for the public bene-
fit, are merely directory, when time is not the essence of the thing to be done,
unless there are negative words, and the act is valid if done afterwards.
(6). "A notice, by a clerk of a board of education, of a tax voted by
the board, to build a school-liouse, delivered to the auditor on the 11th day
of June, is sufficient authority to the auditor for carrying the tax into his
duplicate." II. Western Law Monthly, page 589.
(c). Tuition from non-resident pupils is to be paid to the board of ed-
ucation, and disbursed like other contingent funds. Neither the teacher nor
the local directors have any authority to retain or to pay out such funds.
(d). The term "Contingent Fund" is used to designate the local levy;
because the amount ol it is contingent on the difference between the wants of
the district and the amount of State funds received. It includes both the
amount levied for the payment of teachers, and that for building, repairs,
and other expenses. The language of this section and that of section 3967
seems to imply that the State funds are to be used only for the payment of
teachers.
Statutes when
directory.
When tax may
be placed on
duplicate.
Tuition of
non-resident
pnpils.
M|^hat the con-
tingent fund is.
44
OHIO SCHOOL LAWS.
Ch. 6.
School Funds.
Amount of
levj-
Estimate to be
certified to
county au-
ditor.
Contingent
fund of joint
sub-district.
Sec. 3959. Such estimate and levy shall not exceed, in
cities of the first grade of the first class, tnree and one fourth
mills, provided, however, that the boards of education in said
cities may levy one mill additional for every five thousand
pupils over and above twenty five thousand enrolled in the
public schools of said citie.^, which levy, however, shall in no
case exceed four mills; and in cities of the second grade, first
class, five mills; and in all other districts, seven mills on
each dollar of valuation of taxable property. [61 v. 63, § 2 ;
63 V. 15, § 1 ; 75 v. 101, § 4; 75 v.. 526, § 56; 79 v/80; 80 v.
124; 81 V. 177.]
Sec. 3960. The amount so estimated the board shall cer-
tify, in writing, on or before the first Monday in June in
each year, to the auditor of the county to which the district
belongs, who shall assess the entire amount upon all the tax-
able property of the district, and enter it upon the tax list of
the county, and the county treasurer shall collect the same,
at the same time and in the same manner as state and county
taxes are collected, and pay it to the treasurer of the district,
upon the warrant of the county auditor ; and unless he is
paid a fixed salary, he shall receive one per centum on all
mone}'' so collected, and no more. [70 v. 195, §§ 57, 58.J '
Sec. 3961. For a joint sub-district the estimate required
by section thirty-nine hundred and fifty eight shall be made by
the board of education having control of the school thereof,
and apportioned to the several townships having territory
therein in proportion to the enumeration of youth in the ter-
Levy voted by
electors.
Boards liable
for failure'to
provide school
advantages.
Transfer of
joint sub-dis-
trict funds.
Sec. 3960 (a). The board must also certify any additional amount
for building or other purposes which may have been voted at a special
meeting of electors, and so required to be certified in Sec. 3992.
The board may certify the amount of money, not rates of levy.
If the certificate is sent in after the day, the auditor is still to levy the
tax, if possible. See note and authority on section 3958.
(6). If the board of education fails to provide for all the youth of
School age in the district, the county commissioners are to perform the
work of the board, and the members of the board "shall each be severally
liable in a renalty" of $2o to $50 for such failure. See section 3969.
Sec. 3961. As the auditor does not actually handle or transfer the
moneys, the word "transfer," must here refer to his record and warrant.
He certifies to the clerk and treasurer of each township the amounts due to
the joint sub-districts from such township, that the money may be properly
paid by the treasurer of each township district to the joint sub districts, and
that the accounts may be fully adjusted by each.
SCHOOL officers' GUIDE. 45
School Funds. Ch. 6.
ritory belonging to each; the board shall certify such esti-
mate, so apportioned, to the county auditor, who shall add
the portion for each township to the estimate for a contin-
gj^nt fund certified to him by its board of education, and
place it on the tax list therewith for collection as part of the
township estimate; when the county auditor apportions the
school funds he shall transfer to the township having control
of the school, from the other townships, the amounts so
assessed and collected, and certify to the clerk and treasurer
of each township the amount due the joint sub-district, in-
cluding state tax, interest on the common school fund, con-
tingent fund, and money received from other sources, which
amount shall be paid to the treasurer of the board having
control of the school ; and such board shall cause to be kept
such accounts as will show the funds received from each town-
ship, and the disposition thereof, and transmit to the other
board or boards interested, at the end of the school year, a
statement of such receipts and expenditures. [75 v. 84, § 35.]
Sec. 3962. When a joint sub-district is composed of
„. „ ,. li'.iiii Same when
fractions of two or mors counties, such estimate* shall be county line
divides such
apportioned to townships, as provided in the preceding sec- sub-district,
tion, and the amount apportioned to the township or town-
ships belonging to each county shall be certified by the board
£o the auditor thereof, whose duties in the premises shall be
the same as prescribed for the auditor in the preceding sec-
tion, so far as the provisions thereof are applicable ; and the
board shall keep accounts, and report receipts and expendi-
tures, as provided in said section. [72 v. 63, § 36 ]
Sec. 3963. The funds belonging to a district composed Fundsofdis-
of territory in more than one county shall be paid by the tbanonr^'^*'
treasurer of the other counties to the treasurer of the county *^°^"*^'
in which the school-houpe of the district is situate; the audi-
tors of other counties shall make settlement on account of
such funds with the auditor of the county in which such
school-house is situate ; and the treasurer of the district shall
make the settlement required by section thirty-nine hundred and
sixty-six with such auditor.
Sec. 3964. Each county auditor shall, annually, imme- ^pPj ol^gchooi
diately after his annual settlement with the county treasurer, t^'^udit^or"""
apportion the school funds for his county ; the state common
4^ OHIO SCHOOL LAWS.
Ct. 6, School Funds.
school fund shall be apportioned in proportion to the enumer-
ation of youth, to districts, sub-districts, and joint sub-
districts, and fractions of districts and joint sub districts,
within the county; but if an enumeration of the youth of
any district, for any year, has not been taken and returned,
such district shall not be entitled to receive any portion of
said fund; the contingent funds collected from the several
districts shall be paid to the districts to which they
respectively belong; money received from the state on
account of interest on the common school fund, shall be
apportioned to the school districts and parts of school districts
within the territory designated by the auditor of state as
entitled thereto, in proportion to the enumeration of youth
therein, and all other money in the county treasury for the
support of common schools, and not otherwise appropriated by
law, shall be apportioned annually in the same manner as the
state common school fund. [70 v. 195, § 120; S. & C. 64, § 2;
S. &C. 1406, §3; 77 v. 58.]
o/money^after Sec. 3965. The auditor shall, immediately after such
nfem^ ^^^ apportionment is made, enter the same in a book to be kept
for that purpose, and furnish a certified copy of the appor-
tionment to each school treasurer and clerk in his county;
and he shall give to each of such treasurers an order on the
countj"^ treasurer for the amount of money payable to him,
and take his receipt therefor. [70 v. 195, § 120.J
Apportion- Sec. 3966. When an original surveyed township or
ment of com- . . , .....
monsc.iooi fractional township is situate in two or more counties, and
fuud by eoun- '
ty auditor the land granted thereto bv congress for the support of pub-
when county , o r r r
linecuvides \[q schools has been sold, the auditor of the county, to whose
original sur- ' •' '
shm^*"^^°' treasurer the interest on the proceeds of such sale is paid,
shall apportion such interest to the counties in which such
township is situate, in proportion to the youth of the town-
ship enumerated in each ; such auditor shall certify to the
auditor of each of the other counties the amount so ascer-
tained to belong to the part of the township situate in his
county, and transmit to the treasurer of each of such counties
an order on the treasurer of his own county for such amount ;
and the auditor of each county shall apportion the amount of
such interest belonging to the part of the township in his
county, to the districts or parts of districts entitled thereto, in
SCHOOL OFFICERS GUIDE. 47
School Funds. Ch. 6.
proportion to the enumeration of youth therein, and certify
and pay the same to the proper school officers, as provided in
the preceding section. [70 v. 195, §§ 121, 122; 72 v. 63, § 36.]
Sec. 3967. So much of the contingent fund as may be g^ximumoJ
set apart by a township board for the continuance of schools
after the state funds are exhausted, shall be so apportioned
by the board that the schools in all the sub-districts of the
township s^hall be continued the same length of time each
year; and if the apportionment be not satisfactory to the
directors of any sub-district, or a majority of them, they may
give notice thereof, in writing, to the county commissioners,
who, at their first regular meeting for the transaction of busi-
ness after the receipt of such notice, shall revise the appor-
tionment, and the amount aforesaid shall be apportioned in
the manner determined by the commissioners; but neither
the township board nor thj commissioners shall reapportion
any funds which were apportioned among the sub-districts
before any preceding annual settlement, and in making an
apportionment of funds, the amount set apart for any sub-
district shall not be increased or diminished by reason of any
deficit or surplus in the funds previously apportioned to such
sub-district. [70 v. 195, § 60; 82 v. 92.J
Sec. 3968. In the city of Toledo, at each annual settle-
ment of the treasurer of the board of education with the coun- gent fund to
be applied in
ty auditor, th^re shall be placed to the credit of a sinking Toledo.
fund so much of the proceeds of the levy for contingent fund
as would ' e produced by a levy of two mills, and the treas-
urer shall apply the same in payment of school bonds, and
interest thereon, and to no other purpose. [75 v. 526, § 56.]
Sec. 3967 (a). The custom which has prevailed in some township dis- school funds
tricts of dividing the contingent fund and placing it in the hands of direc- remain in cus-
tors, is not legal. All school funds should be retained in the custody of the treasurers,
township treasurer until drawn out for the payment of expenses legally in-
curred.
(6). It is advisable for each board to require directors to report for contracts to be
payment all contracts made under the provisions of this section to the reported,
board at their next meeting after the making of such contracts.
(c). Inasmuch as the larger sub-districts receive more of the State
funds than the smaller sub-districts, the latter ought to receive proportion- men^of^"
ally more of the township tuition fund than the former. If, however, the funds,
larger sub-districts contain two or more schools, or actually require more
48
OHIO SCHOOL LAWS.
Ch. 6.
School Fund.
County cam-
missioners to
levy contin-
gent fund
when board
neglects.
Sec. 3969. If the board of education of any district fail
in any year to estimate and certify the levy for a contingent
fund, as required by this chapter, or to provide sufficient
school privilege for all the youth of t-chool age in the district,
or to provide for the continuance of any school in the district'
for at least six months in the year, or to provide for each
school an equitable share of school advantages as required by
In case of tie.
Should con-
tinue schools
the usual time.
tuition money than the smaller to sustain their schools an equal length of
time, they are entitled to more.
The larger sub-districts may, in some instances, be obliged to pay
higher wages than the smaller. The intention of the law is to require
boards of education to provide the necessary funds, all the circumstances
, being duly considered, for continuing the schools of the several sub-districts
an equal length of time.
*(d). The adding together of Ihe State and contingent funds, and then
dividing the sum equally among the several sub-districts, as is so frequent-
ly done by township boards, is not a compliance with either the letter or
the spirit of the law. An equal division, except in rare instances, cannot be
an equitable division.
(e). In case the township tuition fund is distributed by the board
illegally, complaint should be made to the county commissioners under this
section.
Sec. 3969 (a). Several questions have come up under this section. In
solving any doubts that have arisen, it has seemed proper to consider that
the purpose of the section is to provide an absolute remedy against the sus-
pension of a school, and to assure to each pupil in the State reasonably
convenient facilities for attending school six months each year.
*If, however, a board has levied up to the full limit allowed by law, and
the sum produced is not sufficient to continue the schools of the district for
six months, there seems to be no remedy. But if a levy under this limit
fails to sustain the schools tor the minimum time prescribed in this section,
then an appeal should be made to the county commissioners, whose duty it
will be to raise the levy to the highest limit warranted by the law ; and
they will be justified in acting as soon as they are satisfied that the amount
levied by the board of the district will be insufficient to meet the demands
of the law.
(6). If in a large city, where teachers have been paid each month, a
board of education stands at a tie in its organization, so that it can not act
for months together, and the prospect for action does not brighten, the case
would seem to be one in which the schools must stop unless the means are
provided for continuing them. In such case the commissioners should in-
terfere.
(c). The law does not seem to intend that the commissioners shall stop
a school which has come under their control, when six months' school has
been taught during the year. They should be governed by the customs of
the district. In a city they should keep up the schools 40 weeks, if that has
been the custom.
SCHOOL OFFICERS GUIDE.
49
School Funds.
Ch. 6.
this title, or to provide suitable school-houses for all the
schools under its control, the commissioners of the county to
which such district belongs, upon being advised and satisfied
thereof, shall do and perform any or all of said duties and acts,
in as full a manner as the board of education is by this title
authorized to do and perform the same; and the members of
a board who cause such failure shall be each severally liable,
in a penalty not exceeding fifty nor less than twenty five
dollars, to be recovered in a civil action in the name of the
state, upon complaint of any elector of the district, which
sum shall be collected by the prosecuting attorney of the
county, and when collected shall be paid into the treasury of
the county, for the benefit of the school or schools of the dis-
trict. [72 V. 59, §59.]
Sec. 3970. The auditor of each county shall collect, or
cause to be collected, all fines and other money, for the eun- county luuii-
•' ' i tor to collect
port of common schools in his county, and pay the same to fnsp*ec*t*8ecUon
the county treasurer; he shall inspect all accounts of inter- e'ounts!*^*^
est accruing on account of section sixteen or other school
lands, whether the same is payable by the state or by the
debtors; and he shall take all proper measures to secure to
each school district in his county the full amount of school
funds to which it is entitled. [70 v. 195, § 120.]
(d). Local directors, or patrons of the school, may appeal to the com-
missioners under the fourth item here enumerated, if the township board of
education have treated the sub-district unjustly in the apportionment of
funds, or continue to treat families unjustly by imposing the necessity of
excessive travel to reach a school.
(e). Under the fifth item, if a school building is unsafe, or becomes so,
any persons interested may, after due appeal to the board of education, ap-
peal to the commissioners, who should consider the necessity for action.
The same is true in case the scliool-house or school premises are in condi-
tion to engender disease, or great discomfort, or are intolerably near to a
nuisance or source of disease, as a glue factory, slaughter-house, ,'untidy
stable, stagnant pool, or the like. v
Sec. 3970. The list of such fines is here appended : m!
Sec. 3479 (Amended 1881). Penalty /or avoiding toll on turnpikes o«
plankroads.
Sec. 4033. Penalty against the clerks of local boards who fail to take th#
enumeration.
Secs. 4201-04. Penalty for allowing certain animals to run at large. «•
Sec. 4382. Penalty against owners or keepers ofv:harf boats.
Local direc-
tors may ap-
peal from
towuship
boards.
Case of unsafe
school houses,
nuisances, etc.
Penalties and
forfeitures
payable into
the township
(district)
treasury.
50
OHIO SCHOOL LAWS.
Ch. 6.
School Funds.
Penalties and
forfeitures
payable into
the county
ireasury.
Penalties and
forfeitures
vavable into
the State
treasnrv.
Secs. 4401-02. Penalty against peddlers that do not obtain a license.
Sec. 1504. (A. mended 1883). Penalty against township clerk failing to
make detailed statement — act relating to oil wells. Laws of 1883, page 191.
Sec. 288. Penalty against insurance corporations and others violating
the provisions of Chapter YIII, Title III, Revised Statutes.
Secs. 1052 and 4215. Relating to dog tax.
Sec. 1279. Relating to the disposition, by the prosecuting attorney, of
the proceeds of the sale of timber tliat grew on State or school lands.
Secs. 1280-81. Providing for the disposition of the proceeds of the
sale of property, stolen, embezzled, or ohtiined under false pretenses.
Sec. 1375. Penalty against township trustees and treasurers who refuse to
serve.
Sec. 3969. Penalty against members of a board of education v. ho fail to
perform certain duties.
Sec. 4027. Penalty against parents and guardians for detaining chil-
dren from school contrary to law.
Sec. 4038. Penalty against the clerk of a local board for failing to take
the school enumeration.
Sec. 4045.' Penalty against treasurers of school districts for failing to
make their annual settlement.
Sec. 4061. Penalty a^^'inst county auditors and clerks of boards of educa-
tion for failing to make certain reports.
Sec. 4063. Penalty against county auditors.
Secs. 4088-89. Penalty against institute committee for failing to make
required report.
Secs. 4217-18. Penalty against fishing unlawfully in Lake Erie.
Sec. 4398 (amended) 4399. Relating to pedd/ers' /icense.
Sec. 4487. Penalty against auditors, engineers, commissioners, and probate
judges, who fail to perform certain duties relating to county ditches.
Sec. 6396. Penalty against assessors, physicians, midwives, clergymen, sex-
tons, and probate judges, who fail to furnish statistics of births and deaths.
Sec. 19 of act relating to sinkholes and fissures. Laws 1883, page 2ll.
Secs. 1050-51. 'Pennlty against county auditors tor failing to report to
State Auditor.
Sec. 1524. Penalty against assessors for neglecting or refusing to make
out and return statistics.
Sec. 1525. Penalty against any person, company, or corporation, refusing
to make out and deliver a statement of facts for taxation.
Sec. 3225. Relating to the proceeds of the sale of unclaimed goods by
express companies, common carriers, etc.
* Penalties for the violation of the compulsory education act, passed
April 15, 1889.
SCHOOL OFFICERS GUIDE.
51
Provisions Applying to all Boards.
Ch. 7.
CHAPTER 7.
PROVISIONS APPLYING TO ALL BOARDS.
Section
3071. Powers of boards of education.
3972. What property the boards have
title to.
3973. School property exempt from
taxation.
3974. Conveyances and contracts.
.3975. Boards may accept bequests.
3976. Process against boards and how
served.
Duties of prosecuting attorney
and city solicitor.
Tie votes to be decided by lot.
Oath of members and other offi-
cers.
3977.
.3078.
3979.
Section
39-<0. Organization of board.
Vacani;ics in board, and how filled.
Quorum ; yeas and nays to be
trtken in certain cases.
Absence of president or clerk.
Record of proceedings, and attes-
tation thereof.
Boards to make rules ; illegal
meetings.
Boards may make and enforce
rules for vaccination.
3981.
3982.
3983.
398-1.
3985.
3986.
Section 3971. The boards of education of all gchool disr
tricts now organized and established, and of all school dis-
tricts organized under the provisions of this title, shall be
and they are hereby declared to be bodies politic and corpor-
ate, and, as such, capable of suing and being sued, contractiDg
and being contracted with, acquiring, holding, possessing,
and disposing of property, both real and personal, and taking
and holding in trust, for the use and benefit of such districts,
any grant or devise of land, and any donation or bequest of
money or other personal property, and of exercising such
other powers, and having such other privileges as are con-
Boards of edu-
cation — pow-
ers and duties.
Sec. 3971 (a). Corporations must take and grant by their corporate
names. 2 Kent, II Ed., 351.
(b). A board of education is not liable in its corporate capacity, for
damages for an injury resulting to a pupil while attending a common
school, from its negligence in the discharge of its official duty in the erec-
tion and maintenance of a common school building under its charge, in the
absence of a statute creating a liability. Finch v. Board of Education,
30 O. S., 37.
(c). It is never desirable or proper, and it is questionable whether a
board of education has the right, to build on property to which it has not
acquired a clear title by lease, deed, or process of law. In the latter case
either the time for appeal to a higher court should have elapsed, or the ap-
peal, if made, should have been decided.
(d). The power to contract, implies the power to settle with contractors
and to do this in the interest of the district, so as to avoid the expense of
litigation. Where a contracting party has rights which he can enforce in
equity, a board of education is, like other municipal corporations, author-
Liability of
boards for in-
jury to persons.
Building on
land without
clear title.
Powers of
boards to con-
sider equities
in contracts.
52 ' OHIO SCHOOL LAWS.
Ch. 7. Provisions Applying to all Boards.
ferred by this title; but when a board of education decides
to dispose of any property, real or personal, held by it in its
corporate capacity, exceeding in value three hundred dollars,
it shall sell the same at public auction, after giving at least
thirty days' notice thereof, by publication in some newspa-
per of general circulation, or by posting notices in five of the
most public places in the district to which such propertv
tatemaybe belongs. Provided, that when such board has twice offered
sold or ex-
changed. a tract of real estate for sale at public auction, as hereinbe-
fore provided, and the same is not sold, the board inay sell
said real estate at private sale, either as an entire tract, or in
parcels thereof, as the board may deem best, and the presi-
dent and secretary of the board shall execute and deliver the
deed or deeds necessary to complete such sale or sales. Pro-
vided, that upon a vote of the majority of the members of any
board of education, and a concurring vote of the council of
any municipal corporation, that an exchange of any real
estate held by such board of education for school purposes,
for real estate held by such municipal corporations for muni-
cipal purposes, will be mutually beneficial to such school dis-
trict, and to such municipal corporation, such exchange may
be made by conveyances, to be executed by the mayor
and clerk of the municipal corporation, and by the president
and clerk of such board of education. [70 v. 195, § 37;
80 V. 36; 8-5 V. 133.]
Sec. 3972. All property, real or personal, which has
What property , . , . 11,, , ■, r ,
the b«mrdB heretofore vested in and is now held by any board of educa-
have title to.
tion, or the council of any municipal corporation, for the use
ized to recognize and provide for these as well as for strictly legal rights.
See Brewster v. Syracuse, 19 N. Y., 116 ; Friend v. Gilbert, 108 Mass., 408.
(e). As to what notices must contain, see notes to section 3991.
(/). See opinion of Attorney General, under section 3977.
Rights of Sec. 3972 (a). Under the act of May 1, 1873 [70 v. 195], the corporate
to boards in boards of education therein provided for, succeed to all existing rights of
certain ca«es. action in relation to the common school property and funds which were
theretofore vested, by previous legislation, in other agencies to whose control
such property and funds had been confided- Crof ton r. Board of Education,
26 O. S., 571.
(6). Sec. 6877, E. S. Whoever maliciously injures or defaces any
Defacing church edifice, school-house, dwelling-house, or other building, its fixtures,
penalty'F"/^ books, or appurtenances, or commits any nuisance therein, or purposely
and maliciously commits any trespass upon the inclosed grounds attached
SCHOOL officers' GUIDE. 53
Provisions Applying to all Boards. Ch. 7.
of public or common schools in any district, is hereby vested
in the board of education provided for in this title, having
under this title jurisdiction and control of the schools in such
district, [70 v. 195, § 39.]
Sec. 3973. All property, real or personal, vested in any school prop-
board of education, shall be exempt from tax, and from sale from taxation.
thereto, or any fixtures placed thereon, or any inclosure or sidewalk about
the same, shall be fined in any sum not more than one hundred dollars.
[63 V. 175, U, S. & S., 280, ? 51 ; 70 v. 210, § 73.1
(c). Sec. 6831, R. S., provides that " Whoever maliciously burns, or p , ,
attempts to burn any * * * * school-house * * * shall be im- burning school
prisoned in the penitentiary not more than twenty years."
(d). Sec. 6835, E. S., provides that " Whoever, in the night season, ma- p ij. (•
liciously and forcibly breaks and enters any * * school-house felony and
» « s with intent to commit a felony, or with intent to steal property
of any value, shall be imprisoned in the penitentiary not more than ten
years nor less than one year."
(e). A similar penalty is imposed by section 6836, K. S., for entering
a school-house in the day-time or night season, and attempting to commit a
felony."
if). Sec. 6837, K. S., provides that " Whoever maliciously, in the day-
, , , ' , , , •• . , . "^ Penalty for
time, breaks and enters any •=" " " school-house ■'' ■• • with intent breaking into
to steal, shall be fined not more than three hundred dollars, and imprisoned to^teal^^^^^
not more than sixty days."
(g). Sec. 6896, E. S., provides that "Whoever willfully interrupts or
disturbs any assembly of persons met for a lawful purpose, or any person penaltv for
while he is at or about the place where such assembly is to be held, or is and disturbing a
„ , . meeting
has been held, shall be fined not more than fitty dollars, or imprisoned not (school).
more than ten days, or both. [73 v. 224, §1 ; 61 v. 98, §1, S. & S., 288 ^ 70
V. 216, 'i 74.]"
(h). A member of a board of education is as liable to prosecution for
violently disturbing a school in session as any other person. Such member
is also equally liable with any other person for forcibly breaking into a Members of
school-house, for the purpose of admitting any meeting, or for promoting hoard liable
other use of the school-house not authorized by a majority of the board of school, or
education, or by law. In short, an individual member of the board, as such, Bchool^use*'
has no more authority concerning school property than any other individual and the like,
has. If he is, by law or by the board, constituted a committee to look after
the school-house, he may exercise such authority ; but even then, he has no
power to open the house for purposes unauthorized by the board. The lim-
itation of course applies, that for mere errors of judgment, with proper pur-
pose and intent to act within the authority vested in him by the board, the
law Avill exonerate him.
(i). By "public school-houses" are meant such as belong to the public, „„
J J- If 1 1 .V1-1J 1 1 1 .,,., What arepub-
and are designed tor schools established and conducted under public author- lie school-
ity. The fact that the use of the property is free is not a necessary element "°"'^^'^-
in determining whether the use is public. Gerke v. Purcell, 25 O. S., 229.
54
OHIO SIIOOL LAWS.
Ch. 7.
Provisions Applying to all Boards.
Conveyances
and contracts.
Boards may ac-
cept bequests.
on execution, or other writ or order in the nature of an exe-
cution. [70 V. 195, § 72.]
Sec. 3974. All conveyances made by a board of education
shall be executed by the president and clerk thereof; no mem-
ber of a board shall have any pecuniary interest, eithe'- direct
or indirect, in any contract of the board, or be employed in
any manner for compensation by the board of which he is a
member, except as clerk or treasurer; and no contract shall
be binding upon any board unless it be made or authorized to
be made at a regular or special meeting of the board.' [70 v.
195, 4^§ 31, 38.]
Sec. 3975. All boards of education may, by the adoption
of a resolution, accept any bequest made to them by will,
upon the conditions and stipulations contained in the will,
and for the purpose of enabling such boards to carry out the
conditions and limitations upon which the bequest is made,
they are authorized to make all rules and regulations that
may be required to fully carry into effect the provisions of the
will in relation to ihe bequest. [73 v. 205, § 2.]
I^ease and sale
of school
lands.
Injury to
school timber.
Auditors' fees.
How to enforce
claims against
boards.
\on-taxation
of school prop-
erty.
Taxation of
school lands.
Members can-
not draw pay
except as t-lerk
or treasurer.
ij). For leasing of school lands and \oid leases, see 5 O., 184, and 8
O., 174.
(k). For leasing and sale of school lands, see E. S., sees. 1404-1440.
For penalty for injury to timber on school lands, see sec. 6880, R. S.
For county auditors' fees for transfer of sale of school land, for payments
on the same, etc., see section 1073, R. S.
Sec. 3973 (a). A mechanic's lien or a mortgage could not be enforced,
since such enforcement would require an "order in the nature of an exe.
cation."
(6). For additional provision relating to non-taxation of school prop-
erty, see section 2732, R. S.
(c). For provisions relating to taxation of school and ministerial lands
held under a lease exceeding fourteen years, see section 2733, R. S.
Sec. 3974 (a). The failure of an officer to attach his official title to his
signature, will not affect the instrument so far as the district is concerned ;
provided, the contract was autliorized, and made for the district, and this
fact can be shown.
(6). A member of a board of education cannot draw wages or pay as
superintendent of schools or of buildings, as teacher or janitor, as contrac-
tor for fuel, for drawing fuel, or for any other service to the district in which
he is serving as such member, except for services as clerk or treasurer. Nor
can a local director draw pay for any such service in his sub-district, if he
is a member of the township board, or if the service is such as the board of
education or the statute has authorized the local board to contract for.
SCHOOL OFFICERS GUIDE. 55
Provisions Applying to all Boards. Ch. 7.
Sec. 3976. The process in all suits against a board of edu- ^'oarJjy^ aud^"*^*^
cation shall be by summons, and shall be served by leaving a ^^"^^ served.
copy thereof with the clerk or president of the board. [70 v.
195, § 68.]
Sec. 3977. The prosecuting attorney of the proper county, proseeutiug
or, in case of a city district, the city solicitor, shall prosecute act as counsel
all actions which, by this title, may be brought against any board.
member or officer of a school board in his individual capacity,
and shall act in his official capacity as the legal counsel of
such boards or officers in all civil actions brought by or against
them in their corporate or official capacity ; but no prosecu-
ting attorney or city solicitor shall be a member of the board
(c). There is, perhaps, no reason why a local director who is not a Local director
member of the township board of education may not teach, or furnish fuel, i^/'i^the^Mib-'^^
or the like, in a sub-district in which he is not a local director. The prin- districts,
ciples of law without this statute would decide that a party cannot be on
both sides of a contract. 27 O. S., 159 and 195; Parsons on Contracts, vol.
1, p. 86; Pollock's Principles of Contract, p. 253.
(d). School property should be insured, but not in a company repre- Insxirance of
sented by a member of the board. See section 6969, R. S. The Attorney- orty.° ^^°^
General concurs in this opinion ; see opinions of Attorney-General, vol.
F, 36.
(e). Sec. 6975, R. S. "A member of a board of education organized
under any law of this state, who accepts or receives any compensation for Accepting pay
his services as such member, except as clerk or treasurer of said board, shall ^^ embezzle-
mcnt
be deemed guilty of embezzlement of the amount so received, and punished
accordingly."
Sec. 3976 (a). The want of notice is waived by the voluntary appear- i^-Qtice
ance of the party for any purpose directly connected with the cause.
(b). The legality of the election of members of the school board is not
a subject of inquiry in a suit to enforce payment of money due. 45 Mo., 294.
(c). Title to office cannot be questioned collaterally, but must be done when and liow
in a direct proceeding by quo warranto, in one of the tribunals provided by title to office
law for hearing and determining all questions pertaining to elections. 44 tioned.
Mo., 154.
(cZ). In the absence of restriction, express or implied, the school board
has authority to employ an attorney to conduct suits to which the district Employment
is a party, and it is bound to pay for his services. 30 Vermont, 285. See and how paid.
the next section.
Sec. 3977 (a). The following opinion was rendered by Attorney-Gen- rrosecutingat-
eral Nash, November 4, 1881 : to™ey is attor-
' ney for boards
"Section 3977 of the Revised Statutes provides that the proscuting at- of education.
torney of a county shall be the attorney for the school boards within his
county, except in city districts, and sets forth what duties he shall perform
in this regard. This service is made one of the duties of the prosecuting
56
OHIO SCHOOL LAWS.
Ch. 7.
Provisions Applying to all Boards.
Tie votes to be
decided by lot
of education; provided, that in counties haviug a county so-
licitor such officer shall prosecute all actions which may be
brought against any member or officer of a school board in
his individual capacity, and shiU do and perform all the
dutiesherein required of the prosecuting attorneyas to schools,
school boards, and officers of schools in the county, outside of
said city; but for such service he shall receive no additional
compensation. [70 v. 195, § 69 ; 79 v. 26 ]
Sec. 3978. In all cases of tie votes, at an election for
members of a board of education, or of directors of a sub-dis-
trict, the judges of election shall decide the election by lot;
When another
attorney may
Ik.- employed.
Authority for
paying attor-
ney fees.
Additional
compensation.
Additional
duties.
Effect of fail-
ure to cast
lots.
Of failure to
sign poll-books
before separat-
ing.
Omissions and
mLstakes may
be corrected.
attorney which he is bound to render under his salary, as no express pro-
vision is made for the payment of such services.
" It frequently happens that the prosecuting attorney, on account of his
numerous other duties, is wholly unable to perform the service required by
this section, and it sometimes happens that cases arise which require that
the prosecuting attorney should have assistance in them. In such cases as
these, the question — 'Have boards of education the right to employ and
pay counsel, or, in short, have such boards the right and authority to pay
attorney fees in defending or prosecuting cases in which they are parties?'
becomes important.
'' Under such circumstances as I have indicated above, I answer the
question in the affirmative, and for this answer I rely on section 3971 of the
Revised Statutes. This section makes boards of education bodies politic
and corporate, and vests them with the power of suing and being sued. I
think that the law which authorizes these boards to sue and be sued, by im-
plication confers upon them authority to do all things that are necessary to
prosecute successfully or defend a suit." Opinions Attorney-General, vol.
F, 145.
(6). Public officers for whom pay is provided by statute, will not be
allowed compensation for extra work, unless this is specially authorized by
statute. 9 Neb., 85 ; X Central L. J., 299.
(c). The prosecuting attorney is required to proseciite for injuries to
timber on school lands. Section 1279, R. S.
Sec. 3978 (a). In case tlie judges fail so to decide, the board mnst ap-
point, or in case of a local director, a new election must be had. This " lot,"
like all other matters required of the judges of elections, must be })erfected,
their decision made, and the certificate of such action signed before the judges
separate. " When such board has once dissolved, its officers are fundi officio,
and can no longer perform official acts relating to tlie election, not even to
the signing of returns." 21 O. S.,'216.
But in case such judges fail to sign poll-books, tally-sheets [and certifi-
cates such as above referred to] to fill up blanks in a caption, or to carry out
the aggregate of the votes, such omissions and mistakes may be corrected,
on the trial of a contest, by parol evidence, and when so corrected, the doc-
SCHOOL OFFICERS GUIDE.
57
IPOP^^' Provisions Applying to all Boards.
Ch. 7.
and in other cases of failure to elect members of the board,
or in case of a refusal to serve, the board shall appoint. [70
V. 195, § 43.]
Sec. 8979. Each person elected or appointed a member bers and other
of a board of education, or elected or appointed to any other
office under this title, shall, before entering upon the duties
umenls sustained by parol proof, are competent evidence of the result of
the election. IG O. S , 184.
(6). In case of trustees, collectors, and the like, general reputation
of their being such officers, and proof of their acting as such, is prima facie
sufficient, without producing evidence of their election, especially where
there is evidence of their acting under color of election. 7 Wendell's
Rep., 341.
(c). An individual coming into office by color of election or appoint-
ment, is an officer de facto, and his acts in relation to the public, or to third
persons, are valid until he is removed^ although it be, [in the end], conceded
that his election or appointment was illegal. 5 Wendell's Rep., 170.
Sec. 3979 (a). But a person so elected may appear before any person
authorized by law to administer an oath, and may take his oath of office.
This should be done in case the member elect is, for any reason, unable to
attend the meeting for organization. The certificate of the officer adminis-
tering the oath should be sent to the board and copied in the records, to
obviate all questions. For the same reason, a record should be made of the
oath administered to each member.
(6). Officers who have sworn to perform official duties may be com-
pelled to perform them by writ of mandamus. This writ issues from the
supreme, district, or common pleas court. R. S., section 6742, as amended
1880.
They may also be restrained from doing illegal acts under color of au-
thority as officers, by writ of injunction. This writ issues from the supreme
or common pleas court, or a judge of either; or from the probate court, in
case none of the above named judges are in the county. R. S., section 5573.
(c). But to boards of education is left large discretion as to the man-
ner of performing their official duties, and courts will not interfere with
this discretion. 23 O. S., 211.
[d). Officers required by law to exercise their judgments, are not
answerable for mistakes of law or mere errors of judgment, where there is
neither fraud nor malice. Jenkins v. Waldron, 11 Johnson's Rep., 114.
(e). An officer acting within the scope of his authority is only respon-
sible for an injury resulting from a corrupt motive. 17 Ohio, 402.
(/■) A public officer who is required by law to act in certain cases, ac-
cording to his judgment or opinion, and subject to penalties for his neglect,
is not liable to a party for an omission arising from a mistake or want of
skill, if acting in (food faith. Seamen v. Patten, 2d Caine's Rep., 312.
(g). But an officer entrusted by the common law or by statute is liable
to an action for necjUgence in the performance of his trust, or for fraud or
neglect in the execution of his office. Jenner v. JoliflTe, 9 John. Rep., 381.
What evidence
of official char-
acter is re-
quired in cer-
tain cases.
Of officers de
facto.
May be taken
before any offi-
cer authorized
to administer
oaths.
Mandamus to
compel officers
to act.
Injunction to
restrain them
from acting.
Not liaWe for
honest mis-
takes.
Liable for will-
ful neglect.
58
OHIO SCHOOL LAWS.
Ch. 7.
Provisions Applying to all Boards.
Organization ;
selection of of-
ficers.
Vacancies in
board, and how
filled.
of bis office, take an oath or affirmation to support the con.sti-
tution of the United States and the constitution of the state
of Ohio, and that he will perform faithfully the duties of his
office; which oath or affirmation may be administered by the
clerk or any member of the board. [71 v. 15, § 42.]
Sec. 3080. Each board of education shall organize by
choosing one of its members president, and, except township
boards, by choosing also a clerk, who may or may not be a
member of the board ; if at the organization of a township
board the township clerk is absent, the board shall appoint
one of its members clerk pro tempore; each board of educa-
tion, however, as chosen under the provisions of section 3899,
shall further, at its first regular meeting after its annual or-
ganization, choose or appoint an auditor, who shall not be a
member of the board, and who shall receive such compensa-
tion and perform such duties as the board may provide for
and determine ; and such organization shall be effected on
the third Monday of April of each year, except as otherwise
provided in section thirty-nine hundred and fourteen. [70 v.
195, § 29 ; 70 v. 241, § 44 ; 84 v. 212.]
Sec. 3981. Vacancies in any board of education, except
of a township district, arising from death, non-residence, rfs-
ignation, expulsion for gross neglect of duty, failure of a per-
son elected or appointed to qualify within ten days after the
annual organization or after his appointment, or from other
cause, which occur more than fifteen days before the next
When board
may organize.
President enti-
tled to vote.
Resignation, to
whom made.
{h). The performance of any act prohibited by statute, or any willful
neglect of duty, and for which no penalty is provided by enactment, is a
misdemeanor.
Sec. 3980 (a). For the number of votes necessary in the election of
officers of the board, see section 3982.
(6). If the board of education, for any reason, fails to organize on the
day named in the law, they may organize on a subsequent day. For want
of a quorum a minority may adjourn from day to day. See note to section
3958.
(c). The president has the right to vote on all questions coming before
the board. If by such vote a tie is produced, the motion is lost.
Sec. 3981 (o). Temporary absence from home will not vacate an office ;
but if such absence creates embarrassment the holder ought to resign.
(6). The resignation of a district or sub-district officer must be made
to the other members of the district or sub-district board, or to one of them,
and should be in writing.
SCHOOL OFFICERS GUIDE
59
Provisions Applying to all Boards.
annual election, the board shall fill without delay until the
next annual election, when a successor shall be elected to fill
the unexpired term ; any vacancy which occurs in a township
board, from any of the causes aforesaid, shall be filled by the
election of a clerk by the directors of the proper sub district ;
and a clerk of a sub district who is guilty of gross negbct of
Ch. 7.
A person claiming to be a legal officer, and in possession, cannot be
voted out by the board, but should be proceeded against by a writ of quo
warranto. Section 6760, E. S.
(c). The section provides that the vacancy shall he filled without delay.
Hence, if any other business is attempted to be performed before the filling
of such vacancy, a point of order should be raised under tlxis clause of the
section. The law here provides that no vacancy need exist when a vote is
to be taken, hence no item of business enumerated in section 3982 can be
transacted which does not receive the votes of a majority of all the mem-
bers constituting a full board.
To elect an officer of the board requires a majority of all the members
composing the board of education, by law, in the given district. See section
3982. But though a member holding an ofiice may die, the election of a
member to fill the vacancy is not the election of an officer. The election of
the member, not being in the list of acts requiring such full majority vote,
may be efl'ected by a majority of a quorum.
(d). An officer elected for three years continues for three years, and
until his successor is elected and qualified. 23 Vermont, 416.
(e). The officer, once qualified, continues in the responsibilities of his
office until his successor is qualified. There can be no successor until alter
such qualification takes place. 22 Pick., 122 ; 4 Ky., 433.
(/). An officer may resign, but he remains in his office subject to all
its responsibilities, until his resignation is accepted. It is generally sup-
posed that an office is held at the will of either party. It is held at the
will of both. Resignations are so generally accepted that, with respect to
lucrative offices, it has grown into a common notion that to resign is a matter
of right. But it is otherwise. The public has a right to the services of all
citizens, and may demand them in all civil departments as well as in the
military. Hoke t). Henderson, 4 Devereux, N. C, 1.
{(j). The following case goes stUl further, holding a resigning officer
to his responsibilities and duties until his successor is elected or appointed
and qualified :
" Tennessee constitution, article 7, section 5, provides that ' every officer
shall hold his office until his successor is elected or appointed and quali-
fied.' Held, that this applies to a resigning officer, who must continue in
the discharge of his duties until his successor is elected or ai)pointed and
qualified ; that the officer remains under an obligation to obey a writ of
mandamus notwithstanding his resignation, and is guilty of contempt if he
fails to comply with the writ, and the obligation passes to his successor
when qualified." Watts v. Lauderdale Co., 14 Central Law Journal, 210
U. S. Circuit Court, Dist. West Tenn,
Filling vac'iioy
first business.
Number of
votes required
to appoint a
member.
How long
members elect-
ed serve.
OlHcer respon-
sible till resig-
nation, accept-
ed.
And until his
successor is
qualified.
6o
OHIO SCHOOL LAWS.
Ch. 7.
Provisions Applying to all Boards.
Quorum : yeas
iuid ntiys to be
til ken in cer-
tain cases.
duty shall cease to hold his office, and a new election shall be
held by the directors to fill such office. [70 v. 195, § 43.]
Sec. 3982. A majority of the board of education shall
constitute a quorum for the transaction of business; upon a
motion to adopt a resolution authorizing the purchase or sale
of property, either real or personal, or to employ a superinten-
If all the mem-
bers are dis-
qualifled,
what?
Township
clerk's name
not called.
A majority of a
quorum, when
Hulficient.
Power cannot
be delegated.
Manner of con-
tracting.
This section
mandatory.
Buying maps,
etc., out<ide of
board meet-
ings.
(i). Acceptance by a corporation is, at common law, necessary to a
consummation of the resignation, and, until acceptance by proper authority,
the tender is revocable. The right to accept a resignation is a power inci-
dental to every corporation, also to any power of appointment. DiJlon on
Municipal Corporations, 283.
(;'). In case a board should really lose all of its members, the county
commissioners must keep up the school. As they may do all that a board
could do, they may appoint a new board, or members enough to proceed
with the appointments to the completion of a new board.
Sec. 3982 (a). It is presumed that the name of the township clerk need
not be called, as he does not vote. It is evident that a majority of all the
voting members of the township board will carry a measure. See section
3915. In all cases except those which are declared to require a majority of
all the members composing the board, a majority of a quorum is sufficient
to pass a measure, and the roll need not be called unless demanded by a
member of the board. In case a vacancy occurs in the board, see note on
section 3981.
(b) No member of a board can delegate his power to act to another
person, either a member of the board or otherwise. It is said that this is
sometimes done. But acts depending on such delegated votes are void. For
heavy penalty attached to such assumption of official duty, see R. S., sec-
tion 6913.
(c). Bespecting the mode in which contracts by corporations shall be
made, it is important to observe that when the mode of contracting is specially
and plainly prescribed and limited, that mode is exclusive, and must be pursued,
or the contract will not bind the corporation; but the courts have some-
times regarded provisions on this subject as directory. Dillon on Munici-
pal Corporations, 465.
Tliere is no room to doubt that the requirements of this section are
mandatory, and that they absolutely forbid the transaction of these enu-
merated items of business in any other way than that prescribed in this
section.
To make any one of these contracts in any other mode than that pre-
scribed, is to act ultra vires.
(d) An agreement by members of a township board of education,
acting in their individual capacity, to purchase from another person appa-
ratus for the schools of the township, and to ratify such contract of pur-
chase at the next meeting of the board, is contrary to public policy, and
is, therefore, illegal and void, and not enforceable, either against the board
or members thereof as individuals. McCortle v. Bates, 29 O. S., 419.
Boynton, J., also said : " Such defenses as would have been allowed.
SCHOOL officers' GUIDE. 6 1
Provisions Applying to all Boards. Ch.
dent, teacher, janitor, or other employe, or to elect or appoint
an officer, or to pay any debt or claim, or to adopt any text-
book, the clerk of the board shall call, publicly, the roll of
all the members composing the board, and enter on the record
required to be kept the names of those voting " aye," and thj
names of those voting *' no;" if a majority of all the mem-
bers of the board vote " aye," the president shall declare tlie
motion carried ; and upon any motion or resolution any mem-
ber of the board may demand the yeas and nays, and there-
upon the clerk bhall call the roll, and record the names of
those voting " aye" and those voting " no." [71 v. 15, § 42.]
Sec. 3'J83. If, at any meeting of the board, either the Absence of
president or the clerk is absent, the members present shall okrk.°"
had the map vendor retained the claim and brciight suit upon it himself,
are now admissible against the plaintiff. Assuming, without deciding, that,
by the understanding of the parties to the agreement, the defendants incurred
personal liability, it was quite clear that there was no error in the action of
the common pleas in sustaining the demurrer and dismissing the petition.
-:•;• * j^i^Q state requires the clerk to record, in a book to be provided for
that purpose, all the official proceedings. * * * Clothed with such
powers and charged with such duties and responsibilities, it will not be per-
mitted to such boards of^education to make any agreement among them-
selves, or with others, by which their public action is to be, or may be re-
strained or embarrassed, or its freedom in any wise affected or impaired.
The public, for whom they act, have the right to their best judgment after
free and full discussion and consnltation among themselves of and upon
the public matters entrusted to them, in the session provided for by statute.
•■•■ The court will not enter on' the inquiry whether such contract
would, or would not, in a given case, be injurious in its consequences, if en-
forced. It being against the public interest to enforce it, the law refuses to
recognize its claim to validity."
(e) A board of education is a body corporate, and the contracting of
Contr'ct siiTiiGu
a debt by the board, and the directing the issuance of an order to pay it, by members
are corporate acts which cannot be performed by the individual members binding!^^ "°^
of the board separately; and, therefore, a contract which was signed by
the members of the board separately, and delivered to the clerks, and
which was afterward, at a subsequent meeting, repudiated by the board,
was held not to be binding upon either party. State v. Liberty Tp., 22
O.S., 144.
(/). The order of the clerk on the treasurer is not negotiable, and the
written acceptance of an order by a treasurer who has gone out of office urer no" nc|o-
imposes no greater obligation on the treasurer to pay than if it had been tiable.
presented without such indorsement. lb.
(g). To rescind action requiring such full majority of the board as
this section calls for, or requiring a full two-thirds vote, of course requires y"*^ required
a like vote.
62
OHIO SCHOOL LAWS.
Ch. 7.
Provisions Applying to all Boards.
Record of pro-
ofed in gs and
lUtestalion
thereof.
Hoards to make
rules and regu-
lations for
pupils, etc.
Illegal meet-
ings.
choose one of their niimbtr to serve in l.is place pro tempore;
and if both are absent, both places shall be so filled ; but on
the appearance of either at the meeting, after his place has
been so filled, he shall immediately assume the duties of his
office. [70 V. 195, § 31.]
Sec. 398 1. The clerk of the board shall record the pro-
ceedings of each meeting, in a book to be provided by the
board for that purpose, which shall be a public record ; the
record of proceedings at each meeting of the board shall be
read at its next meeting, corrected if necessary,' and ap-
proved, and the approval shall be noted in the proceedings;
and after such approval the president shall sign the record,
and the clerk shall attest the same. [70 v. 195, § 29; 71 v.
15, § 42.]
Sec. 8985. The board of each district shall make such
rules and regulations as it may deem expedient and necessary
for its government, and the government of its appointees and
the pupils; and no meeting of a board of education not pro-
vided for by its rules, or by law, shall be legal unless all the
members thereof have been notified as provided in section
thirty-nine hundred and twenty. [70 v. 195, § 54.]
Board speaks
only through
its record. .
Records of
special meet-
ings.
Parol evidence
as to records,
etc.
Sec. 3984 (a) A board of education can speak only through its rec-
ords, and these must accordingly be complete, showing just what the board
did, and no more. A motion made by a member, seconded by another mem-
ber, stated by the president, and voted on by the board, is business, and is
to be recorded, though not a single member voted for it. Any vote upon it,
as to refer, to postpone, or to lay upon the table, is action and should be
recorded. If the board adjourn pending the consideration of the motion,
the motion should be recorded. If the mover withdraws the motion, by
consent of the board, by general consent it may also be omitted from the
records.
(6). The records of a special meeting should state by whom the meeting
was called, and the objects mentioned in the notice, as the legality of the
proceedings depends on the legality of the call and the conformity ot the
proceedings with the objects stated in the notice.
(c). If a record is inadequately entered, parol evidence may, it seems,
be admitted to show that action was taken which is not found on the records
at all. The commissioner of schools of Khode IsLand, decided under in-
struction of Judge Brayton, of the supreme court, that " imperfection in a
clerk's record of a resolution does not render invalid a tax properly voted."
Yet all these imperfections in the record lead to troublesome litigation,
often to questions which only courts of law can decide, and in which their
decision may be such as to defeat what was attempted to be done in the case.
SCHOOL OFFICERS GUIDE.
Provisions Applying to all Boards. Ch.
Sec. 39SG. The board of each district may make and f^'uonu.make
enforce such rules and regulations to secure the vaccination ru{[,"f!Jr viio-
of, and to prevent the spread, of small-pox among the pupils ""**^'o"-
attending or eligible to attend the schools of the district, as
(d). School districts are required by law to keep an account of their
proceedings by a sworn clerk, and such proceedings can be proved only by
the record, or a copy thereof duly authenticated. 38 Maine, 1G4. Power to
(e). The power to amend the records exists with the clerk while he is
in otfice, but not after his term expires, nor for any purpose other than to
make them truthful and complete as to fact. 11 Mass., 477; 17 Maine, 444.
(/). Records of quasi corporations are not considered of that absolute
verity that parol testimony is inadmissible to show facts upon which the
record is silent. 5 Ohio, 136.
Sec. 3985 (a). A court may review the action of a board and pass upon
the reasonableness of any of its rules, but if they have erred, while dis-
charging their duty in good faith, they are not liable to action therefor. 32
Vermont, 224.
(6). The act of the board of education and the teachers, in matters of
organizing, grading, and governing the school, will be conclusive, unless
the power is abused or perverted under some apparently reasonable pre-
tense. 23 Pick., 2L4 ; 2 Gushing, V 8.
*(c). It is competent for boards of directors to provide rules that pupils
may be suspended from the schools in case they shall be absent or tardy,
except for sickness or other unavoidable cause, a certain number of times
within a fixed period. 31 la., 562.
*(d). "In the school-room the teacher has the exclusive control and
supervision of his pupils, subject only to such regulations and directions as
may be prescribed or given by the school board." Barden, School Law,
p. 79.
"The conduct of the pupils upon any part of the premises connected
with the school-house or in the immediate vicinity of the same (the pupils
being thus virtually under the care of the teacher), whether Avithin the
regular school hours or before or after them, is properly cognizable by the
teacher. And any disturbance made by them within this range injuriously
affecting in any way the interests of the school, may clearly be the subject
of reproof and correction by the teacher." Idem. The right to
(e). Eathaway v. Rice, 19, Vt. 108. "The right of a school-master to porlf pu°nish-
correct his scholars has always been practically and judicially sanctioned °^^"''-
but the chastisement must not exceed the limits of moderate correction •
and though courts are bound, with a view to the maintenance of necessary
order and decorum in schools, to look with all reasonable indulgence upon
the exercise of this right, yet, whenever the correction shall appear to have
been clearly excessive and cruel, it must be adjudged illegal."
Cooper V. MeJunhin, 4 Ind. 290. " A teacher, in the exercise of the
power of corporal punishment, must not make such power a pretext for
cruelty and oppression ; but the cause must be sufficient, the instrument
suitable, and the manner and extent of the correction, the part of the
person to which it is applied, and the temper in which it is inflicted, should
64
OHIO SCHOOL LAWS.
Ch. 7.
Provisions Applying to all Boards.
If excessive.
Responsible
only for na-
tural and ordi-
narj- conse-
quences.
be distinguished with the kindness, prudence, and propriety which become
the station."
" Reeves' DoineMic Relations" page 534. " The school-master has a right
to give moderate corporal correction to his pupils for disobedience to his
lawful commands, negligence, or for insolent conduct. A .school-master, in
his own r)(jh(, and not by delegation, possesses this power."
Stale V. Pendcrgrass, 2 Devereavx <fc Rattles, 365. "The law confides to
school-masters and teachers a discretionary power in the infliction of
corporal punishment upon their pupils, and will not hold them responsible
criminally, unless the punishment be such as to occasion permanent injury
to the child, or be inflicted merely to gratify their own evil passions." In
passing this topic, the language of Judge Gaston seems peculiarly ap-
propriate: "It is not easy to state with precision the power which the law
grants to school-masters and teachers, with respect to the correction of
their pupils. It is analogous to that which belongs to parents, and the
authority of the teacher is regarded as a delegation of parental authority.
One of the most sacred duties of parents is to raise up and qualify their
children for becoming useful and virtuous members of society; this duty
cannot be effectually performed without the ability to command obedience,
to control stubbornness, to quicken diligence, and to reform bad 'habits;
and to enable him to exercise their salutary sway, he is armed with the
power to administer moderate correction, when he shall believe it to be just
and necessary."
A school-master is not relieved from liability in damages for ihe
punishment of a scholar which is clearly excessive and unnecessary, by the
fact that he acted in good faith and without malice, honestly thinking that
the punishment was necessary, both for the discipline of the school and the
welfare of the scholar.
If there is any reasonable doubt whether the punishment was excessive,
the teacher should have the benefit of the doubt. Lander v. Seaver, 32 Vt.
R. 123; Wharton's American Crim. Law, 1259, and 1 Sanders on PL and
Ev., 144,
Whether under the facts the punishment is excessive, must be left to
the jury to decide. Commoniveallh of MassachusetUi v. Randall, 4 Gray, 38.
In the case of Martin Quinn v. Mary D. Nolan, a suit tried in the
Superior Court of Cincinnati, Judge Harmon, in charging the jury, used
the following language:
"If the jury should find the defendant did not, in view of all the cir-
cumstances, inflict a greater degree of punishment upon the plaintifl's son
than she was fairly entitled to do, and was proper, of course they must find
for defendant. But, if they should find she did go beyond that, then it
would be necessary to go further and inquire into the damages that ."should
be allowed. The law holds a person responsible only for the natural and
ordinary consequences of his acts, those consequences which the law pre-
sumes he might or should have foreseen at the time he committed the act.
Therefore, it might make a difference in the amount of their finding if it
should appear that the child was afllicted with or predisposed to certain
diseases, and the defendant had no notice thereof from his parents, the boy
himself, his appearance, or otherwise. If the defendant, from the knowledge
she had of the boy and his appearance, would be justified in supposing him
SCHOOL OFFICERS GUIDE.
65
Provisions Applying to all Boards.
in its opinion the safety and interest of the public require ;
and the boards of health and councils of municipal corpora-
Ch. 7;
to be like other boys of his age, and inflicted ouly a proper punishment,,
then she would not be liable at all, even though unfortunately some hidden
defect in the boy's constitution should cause injury to his health to follow. .
Or, if they should find for the plaintifi', this fact of ignorance on her part
would prevent her from being liable for any consequence arising from such'
weakness or predisposition in the boy, of which she was ignorant in factv
and of which his appearance furnished no warning. It is the duty of
parents who send their children to school, whose health or disposition
would render the punishment permitted by the rules of the school danger-
ous or improper, to see the teacher is informed of the faCt."
The parent may be said to exercise a judicial authority in determining
what punishment, by himself, is proper for his child, but is liable, criminally^
in a clear case of excess. Johnaon v. SUde, 2 Humph., l88. The teacher also
acts judicially in such a case, and is not to be made liable, civilly or
criminally, unless he acted with express malice, or was guilty of such
excess that malice must be implied. IState v. Pendergrass, 2 Dev. and Bat_
365. Cooper v. McJunhin, 4 Ind. R. 290.
A.fter citing all of these cases, except the first, Judge Cooley appends
this note :
"It may be proper to observe, however, that public sentiment does not
now tolerate such corporal punishment of pupils in schools as was formerly
thought permissible and even necessary." 1 Cooley 's Blackotone, 453.
Justice Tillinghast, of the Supreme Court of Rhode Island, speaks of
the authority of a teacher to take notice of a pupil's conduct when out of
school, or after school is dismissed, as follows:
" Upon this point there is some difference of opinion in the community, .
but the law seems to be well settled, and is this — that for such misbehavior
out of school as has a direct and immediate tendency to injure ilie school,
to subvert the master's authority, and to beget disorder and insubordination,
the teacher may inflict corporal punishment. 'It is not misbehavior
generally,' says Aldis, J., ' or 'towards other persons, or even towards the
master in matters in no ways connected witn or affecting the school. For
as to such matters, committed by the child after his return home from
school, the parents and they alone, have the power of puhishment.' But
where the offense has a direct and immediate tendency to injure the school
and bri'ig the teachers' authority into contempt, as in this case, when done
in the presence of other scholars and of the teacher, and with a design to
insult her, she has the right to punish the scholar for such acts, if he comes
again to school.
"' The misbehavior,' says the same Judge, ' must not have merely a re- •
mote and indirect tendency to injure the school. All improper conduct or
language may, perhaps, have, by influence and example, a remote tendency
of that kind. But the tendency of the acts so done out of the teacher's su-
pervision, for which he may punish, must be direct and immediate in their
bearing upon the welfare of the school, or the authority of the teacher and
the respect due him.'
5
Must be ex- -
press malice'
to be crimin»>
Offenses eoiC-»
mitted out ot-
school.
66 OHIO SCHOOL LAWS.
• Ch. 7. Provisions Applying to all Boards.
tions,and the trustees of townships shall, on application of the
board of education of the district, provide at the public ex-
penses, without delay, the means of vaccination to suck
pupils as are not provided therewith by their parents or
guardians. [69 v. 22, § 1.]
"Cases may readily be supposed whict lie very near the line, and it
will often be difficult to distinguish between the acts which have such im-
mediate, and those which have such a remote, tendency. Hence, each case
must be determined by its peculiar circumst^ances.
Acts to injure " ^^ts done to deface or injure the school-room, to destroy the books of
or deface prop- scholars, or the books or apparatusifor instruction, or the instruments of
punishment of the master ; language used to other scholars to stir up disor-
der and insubordination, or to heap odium and disgrace upon the master;
writings and pictures placed so as to suggest evil and corrupt language,
images and thoughts to the youth who must frequent the school ; all such
or similar acts tend directly to impair the usefulness of the school, the wel-
fare of the scholars, and the authority of the master. By common con-
sent, and by the universal custom in our New England schools, the master
has always been deemed to have the right to punish such ofTenses.
" Such power is essential to the preservation of order, decency, decorum,
and good government in schools."
If the effects of acts done out of school-houses leach within the school-
room during school hours, and are detrimental to good order and the best
interests of the pupils, it is evident that such acts may be forbidden. Bur-
dick & Chandler v. Babcock et al., 31 Iowa, 5(12.
Though a school-master has, in general, no right to punish a pupil for
misconduct committed after the dismissal of school for the day and the
return of the pupil to his home, yet he may, on the pupil's return to school,
punish him for any misbehavior, though committed out of school, which
has a direct or immediate tendency to injure the school and to subvert the
master's authority. 32 Vermont, 114.
■■ In general, the courts of the Eastern States— notably, the Supreme
Court of Vermont — in their decisions sustain the authority of the teacher
and the doctrine that he stands in loco pareiitis much more fully than do the
Western courts.
SCHOOL OFFICERS GUIDE.
67
School-houses and Libraries.
CHAPTER 8.
SCHOOL-HOUSES AND LIBRARIES.
Ch. 8.
Section
3987. Boards to provide school-houses.
3988. Directions for bidding and for let-
ting contracts.
3989. Erection of school-houses in joint
sub-districts.
3990. When board may appropriate
property.
3991. When and how question of tax
levy submitted to voters.
3992. If levy approved, board to certify
it to auditor.
3993. How the levy may be anticipated.
3994. Issue of bonds by boards of city
districts of first class.
3995. Certain boards may appropriate
money for library, etc.
3996. Levy for library in cities.
Section
3997. How library tax to be expended.
Board may appoint librarian, etc.
In certain cities may appoint man-
agers of library.
Board of Cleveland to appoint li-
brary committee.
Powers and duties of such com-
mittee.
How library tax to be expended.
Consolidation of libraries in Ports-
mouth authorized.
Board of Portsmouth to appoint
library committee.
Powers and duties of such com-
mittees.
How such library maintained and
managed.
3998.
3999.
4000.
4(>a.
4002.
4003.
4004.
4005.
400G.
SCHOOL-HOUSE?.
Section 3987. The board of education of any district is
empowered to build, enlarge, repair, and furnish the neces-
sary school-houses, purchase or lease sites therefor, or rights
of way thereto, or rent suitable school rooms, and make all
other necessary provisions for the schools under its control.
Directors of sub districts shall, under such rules and regula-
tions as the township board of education may prescribe, pro-
vide fuel for schools, build, enlarge, repair, and furnish school-
houses, purchase or lease sites therefor, rent school-houses,
build and keep in good repair all fences enclosing such school-
houses, plant f-hade and ornamental trees on the school grounds,
and make all other provisions necessary for the convenience
and prosperity of the schools within their sub-districts, and
the township board shall be held responsible, in its corporate
capacity, for all contracts made by such directors, when they
are made in accordance with the rules and regulations of the
township board, or any resolution thereof. [70 v. 195, § 55 ;
82 V. 286 ; 83 v. 84.]
Section 3987 (a). The law requires, under severe penalties to be vis-
ited on those who have control thereof, that "all school-houses are to have
ample means of convenient egress, and doors opening outward." For re-
quirements as to certificates regarding the safety of such buildings, and the
penalties i elating to neglect, see Revised Statutes, sections 2568, 2572, and
7010 (amended 1883).
ib). As to any building otherwise " in a condition dangerou.s to life or
health," see Revised Statutes, sections 2128 and 2466.
School-houses
Safetyof build-
ings— of egress.
6S
OHIO SCHOOL LAWS.
Ch. 8.
School-Houses and Librarier.
[Section 1. Be it enacted by the General Assembly of the
State of Ohio, That when, in the judgment of any board of edu-
cation, it will be for the a^'vantage ot the children residing
in any school district to hold literary societies, school exhibi-
tions, singing schools, or religious meetings, the board of edu-
cation shall, upon the application of the sub-district directors,^
authorize the opening of such school-houses for the purposes
aforesaid.
Sjfic. 2. This act shall take efiect on its passage.
Passed January 31, 1889 ]
statute refer-
ring to rare of
buildings.
Use of school-
houses for
other purposes.
Local directors
are to follow
directions of
township
board.
Local board
building com-
mittee.
(c). Concerning the full power of boards of education, teachers, or
other citizens, to secure protection against the injury or defacement of
"school-houses, school jards, trees, fences, gates and bars," see Revised
Statutes, section 6863, also sections 6877 and 6896, as quoted under section
3972. Any citizen may prosecute the transgressor in these ca^es. School-
houses, school furniture, and other school property belonging to the town-
ship, and not to the sub-district, are entirely under the legal control of
the township board.
(d). Directors have also a supervisory care of the school-house and
other school property in their sub-district, but their authority is subordinate
to that of the township board, and must always be exercised in obedience
to their directions.
(e). It is the duty of the township board of education to exercise such
supervision over the school-houses in the several sub-districts, as may be
necessary to prevent their being used in such a manner and for such pur-
poses as may interfere with their use, for the legitimate and special purposes
for which they were erected.
(/). A lease of a public school-house for the purpose of having a pri-
vate or select school taught therein for a terra of weeks is in violation of the
trust; and such use of the school-house may be restrained at the suit of a
resident taxpayer of the district. 35 O. S., 143.
(g). Where a township board has resolved to sell the old site of a sub-
district school-house, and has purchased a new site, and, notifying the local
directors of the sub-district of their action in the premises, in-tructed them
to sell the former, and to build a new school-house on the latter, and the
local directors, disregarding such instructions, proceed to build a new school-
house on the old site, and keep up a school therein — Held : That the local
directors are guilty of such insubordination and neglect as to justify the
township board in exercising the powers and duties which would otherwise
devolve on the local directors, and in building a school-house on the new
site, and in employing a teacher therein ; and such teacher is entitled to be
paid his wages out of the township treasury, on the order of the township
board. State v. Lynch, 8 O. S., 348.
(A). Building Committees.— In township districts, directors are the legal
building committees, but they can tike the necessary steps for building or
repairing only under the instruction and by the authority of the board ot
education.
SCHOOL officers' GUIDE. 69
School-houses and Libraries. Ch. 8.
Sec. 3088. When |a board of education^ldetermines to DirecMons^for
build, repair, enlarge, or furnish a school-house lor school- [°^Jf,^;^'"^^°"-
houses, or make any improvement or repair provided for in
this chapter, the cost of which will exceed, in city districts
of the first and second qlass, fifteen hundred dollars, and in
other districts five hundred dollars, except in cases of urgent
necessity, or for the security and protection of school prop-
erty, it shall proceed as follows :
1. The board shall advertise for bids, for the period of
four weeks, in some newspaper of general circulation in the
district, and two such newspapers, if there are so many ; and
if no newspaper has a general circulation therein, then by
posting such advertisements in three public places therein,
which advertisements shall be entered in full by the clerk, on
the record of the proceedings of the board.
2. The bids, duly sealed up, shall be filed with the clerk
by twelve o'clock, noon, of the last day stated in the adver-
tisement.
(i). Under the act of March 14, 1853 (51 v. 429), a township board of
education has the power to designate the particular place where school-
houses in sub-districts shall be built; and the powers which, in this respect,
the statute confers on the local directors of a sub-district, are to be exercised
in subordination to the paramount authority of the township board of edu-
cation. Hughes V. Board of Education, 13 O. S., 336.
(j). If a board refuses to appropriate sufficient funds to build a good
school-house, the directors may appeal to the county commissioners.
(k) Directors cannot receive any portion of the school funds for dis-
bursement, but, on the contrary, they are required to report all contracts
for fuel, etc. o the township board for payment; and unless the township
clerk is authorized by a resolution of the board to draw the requisite orders
for amounts certified by directors to be due, in any given case, on contracts
legally made by them, such contracts can only be paid after they have been
duly reported to the board and approved. See section 4047.
(l) But as such resolution provides for the payment of money through
the agency of such local directors, the records must show that it was passed
by the required " majority of all the members legally comprising the board."
Section 3982.
* Section 3988 (a). Clause 4, of Revised Statutes, which provides that
a hoard of education engaged in the erection of a school building, " may,
in its discretion, reject all the bids," does not authorize the acceptance of
any "but the lowest responsible bid." 42 O. S., 374.
* (6). " By the proviso to the 55th section of the school law [sec. 3988,
K. S.], township boards of education are required, when the cost of build-
ing a school-house or other improvement exceeds five hundred dollars, to
70
OHIO SCHOOL LAWS.
(2k. 8.
School- houses and Libraries.
3. The bids shall be opened at the next meeting of the
board, be publicly read by the clerk, and entered in full on
the records of the board.
4. Each bid shall contain the name of every person in-
terested in the same, and shall be accompanied by a sufficient
guarantee of some disinterested person, that if the bid be ac-
cepted, a contract will be entered into, and the performance
of it properly secured.
5. When both labor and materials are embraced in the
work bid for, each must be separately stated in the bid, with
the price thereof.
6. None but the lowest responsible bid shall be accepted ;
but the board may, in its discretion, reject all the bids, or ac-
cept any bid for both labor and material which is the lowest
in the aggregate for such improvement or repair.
Contract to be
let on bids.
When other-
wise.
Local boards
not authorized
to advertise
and open bids.
House to cost
$10,000.
Whenmemb'rs
of the board in-
dividually
Uable.
When contrac-
tors act at their
own peril.
advertise, and let the same to the lowest responsible bidder, unless in case
of urgent necessity, or for the security and protection of school property.
This is a duty imposed on the board in its corporate capacity, and cannot
be delegated to the local directors of the sub-district in which the school-
house or other improvement is to be made." 38 O. S., 383.
(c). Boards of education, and not local directors, are to receive bids.
In a suit upon a contract under this statute, where the cost of the building
exceeds $500, it must appear from the records of the board that the contract
was let after and upon such bids, or that it was a case of urgent necessity
for the security of school properly.
The record and proceedings of local directors, showing that tiiey duly
complied with the requirements of the law to advertise, are incompetent
evidence, since local directors are not authorized to advertise, open bids,
and award the contract. If such incompetent evidence in favor of the pre-
vailing party is allowed to go to the jury against the objection of the other
party, error to his prejudice will be presumed, without showing that the
jury was influenced by it. Error from District Court, Guernsey county, to
Supreme Court, October 26, 1882.
(d). When the school-house is to cost $10,000 or over, see section 794,
Revised Statutes.
(e). Individual members of a board and local directors as mere agents
of the board, must see that their acts bind the board ; for if they do not
secure their principal a right of action or defense, they will themselves be
personally liable. Ives i;. Hulet, 12 Vt., 314; 58 Mo., 245. This principle
also applies to the acts of boards of education who, in their corporate ca-
pacity, seek to bind the district for which they act, as also their successors.
(/). But those who deal with oflBcers of a corporation must ascertain,
at their peril, what they will be conclusively presumed to know, that these
public agents are strictly within the sphere limited and prescribed by law,
SCHOOL OFFICERS GUIDE.
71
School-houses and Libraries.
Ch.
7. Any part of a bid which is lower than the same part
ef any other bid, shall be accepted, whether the residue of the
bid is higher or not; and if it is higher, such residue shall
be rejected.
8. The contract shall be between the board of education
and the bidders; and the board shall pay the contract price
for the work, when it is completed, in cash, and may pay
monthly estimates as the work progresses.
9. When two or more bids are equal, in the whole, or in
any part thereof, and are lower than any others, either may
be accepted, but in no case shall the work be divided between
the makers thereof.
10. When there is reason to believe that there is any
collusion or combination among the bid ers, or any number
of them, the bids of those concerned therein shall be rejected.
[70 V. 195, § 55.]
and outside of which they are powerless to act. 60 Mo., 53; Whiteside v.
U. S., 93 U. S. Rep., 247 ; 9th Ed. Story on Agency, sec. 307.
Still, it is well settled that where persons deal with an officer of a cor-
poration, who assumes authority to act in the premises, and no want of au-
thority or irregularity is brought to the knowledge of the party so dealing
with the corporation, and there is nothing to excite suspicion of such defect,
the corporation is bound, although the agent exceeded his powers. 57 Mo.,
207 ; 93 U. S. Rep., 247.
ig). Unauthorized expenditures, not ultra yiVe.?, deemed beneficial, may
be ratified, and in such case this ratification is equivalent to previous au-
thority. 8 Fost. N. H., 65; 32 N. H., 118. But the subsequent use, in the
school, of materials unlawfully contracted for, does not amount to such a
ratification as will bind the district. 67 Mo., 319.
{h). Ratification of the acts of a committee in building upon the land
of a district a more expensive house than they were authorized to do by
vote of the corporation, cannot be inferred from the mere fact that the
school is kept in for a few weeks, there being no evidence that the corpora-
tion had knowledge of the over-expenditure, or had taken any action on
the subject. Dillon on Municipal Corpoiations, 480. This will probably
apply to the case of local directors acting as agents of the board of educa-
tion in building a house. It is evident from the above that in order to bind
their principals the agents must describe themselves as agents of such prin-
cipals, and their business must be of the kind to which the duties and pow-
ers of the principal pertain, and must not be acts prohibited as either crim-
inal or against public policy.
(t) All contracts made by the board or its agents should be in writing
and in duplicate, and one copy should be filed with the clerk of the board.
The laws of some states require this. This is not, however, necessary to
make a contract binding.
When unau-
thorized ex-
penditures
may be rati-
fied.
When not.
Kxceeding au-
thority asto 1
cost of build-
ing.
Contracts
should he'jD'
writing.
72
OHIO SCHOOL LAWS.
Ch. 8.
School-houses and Libraries.
lErection of
chool-houKes
n joiQt sub-
4distriet.
When boards
may appropri-
.4te property.
Sec, 3989. When it becomes necessary to rebuild the
school-house of a joint sub district, or, for the better accom-
modation of scholars, to change the school-house site and erect
a new building thereon, the question of such rebuilding, or of
such change of site and erection of a new building, shall be
determined by a majority vote of the board of directors of
such sub district, and in such manner as to secure the better
accommodation of a majority of scholars in the same ; any
funds which may be or have been assessed and collected for
the building of such school-house shall be transferred to the
custody of the boaril of education of the township in which
the new building is to be erected, which board shall proceed
in all matters connected with the erection oi the building in
accordance with the provisions of this chapter; and if the
location be changed to another township, the personal prop-
erty belonging to such sub-district shall be transferred to the
board of education of such township; and any real property
belonging thereto, and situated in the township from which
the location is changed, shall be sold by the board of educa-
tion of such township, and the proceeds of the sale transferred
to the board of education of the township to which the loca-
tion is changed. [72 v. 63, § 36.]
Sec. 3990. When it is necessary to procure or enlarge a
school-house site, and the board of education and the owner
Proceedings to
be completed
before erection
•of building.
'I'owej to con-
demn strictly
.construed.
Owner, when
^entitled to
•damages.
Sec. 3989. Under section 3928 the boards of education which establish
a joint sub-district are to fix upon the place for building the .school-house.
This section does not seem to interfere with that provision, but to enact the
manner of fixing upon the site on any subsequent occasion.
Sec. 3990 (a). Section 2232 et seq., of the Revised Statute.s refer to
this subject.
(6). Before building on such property, it is best to complete the pro-
ceedings befote the court or courts, if an appeal ib taken, and to wait until
the time for appeal has elap.sed, as such appeal may be taken and may re-
verse the proceedings below.
(c). The power to condemn private property to public uses against the
will of the owner is a stringent one, based on public necessity or urgent
public policy, the rule requiring the power to be strictly construed, and the
prescribed mode for its exercise strictly followed, is a Just one, and should,
within all reasonable limits, be indexibly adhered to. Dillon on Man.
Corp., 569.
(d). The owner is entitled to full payment of the damages assessed,
before his title is extinguished or his control of the premises ceases. In
SCHOOL OFFICERS GUIDE.
73
School-houses and Libraries.
Ch. 8.
of the proposed site or addition are unable, from any cause,
to agree upon the sale and purchase thereof, the board shall
make an accurate plat and description of the parcel of land
which it desires for such purpose, and file the same with the
probate judge of the proper county ; and thereupon the same
proceedings of appropriation shall be had which are provided
for the appropriation of private property by municipal cor-
porations. [70 V. 195, § 65.J
Sec. 3991. When the board of education of any district,
except a city district of the first class, determines that it is
necessary, for the proper accommodation of the schools of such
district, to purchase a site or sites, and erect a school-house
or school houses thereon, or to do either, and ascertains that
the purchase of such site or sites, and the erection and fur-
nishing of such school-house or schoo -houses, or either, will
require a greater tax upon the property of such district than
the board is authorized by this title to levy, and that to pro-
vide the means therefor it will be necessary to issue bonds, it
shall make an estimate of the probable cost of such site or
sites, and such school-house or school-houses, or of either, and
When and how
(jueRtions of
tax-levy sub-
mitted to
voters.
any case of voluntary dedication or of involuntary surrender of property
to a public use, the property reverts to the owner, when the use entirely
ceases.
(e). In case premises have been dedicated to a special use, there is no
power to alienate such premises without the consent of the dedicator or his
representatives, even though the lots, by reason of a railway or depot near
by, have been rendered unsuitable for such use, or even dangerous. 18
Ohio, 221.
Sec. 3991 (a). It cannot be too often repeated that aboard of education
speaks only through its records. Its acts, findings, and determinations are
only known by its records. Hence, althougli the words of the statute may
not clearly settle the question, yet it is safest to assume that this determina-
tion is to be an official determination. Purchasers of bonds are likely to
scrutinize such matters closely, and they will question whether the board
acquires jurisdiction to take steps for raising a tax unless it first officially
"ascertains" and "determines" all the preliminary facts mentioned in the
statute, and makes a record of such finding.
{b). When the statute requires that notice shall be given of the matter
to be acted on, a failure to insert such matter will render void any act done
with respect to the matter not so embraced as required. 18 Maine, 184 ; 12
Gushing, 294. It is presumed that the people of a district know the days
appointed by law for the ordinary affairs of the district, yet if it is intended
to proceed to any other act of importance a notice is necessary, the same as
at any other time. Dillon on Mun. Corp., 319.
When property
reverts.
Dedication to
special use.
Record of pro-
ceedings to
issue bonds.
Notice must
contain matter
to be acted on.
74
OHIO SCHOOL LAWS.
Ck. i.
School-hoases and Libraries.
If levy appro V-
•d, board to
sertify it to au-
ditor.
How the levy
may be antici-
pated.
at a general election, or a special election called for that pur-
pose, shall submit to the electors of the district the question
of levying taxes for such purposes, or either of them, and the
further questions whether the levy shall be made from year
to year thereafter, and what amount shall be levied each year
until the actual cost of such site or sites, and the erection of
such school- house or school houses, or either is raised; and
ten days' notice of such submission shall be given by the
board, by posters put up in five of the most public places in
the district, which shall state the time, place, and object of
the election. [70 v. 241, § 61.]
Sec. 3992. If a majority of the electors at such election
vote in favor of levying taxes for such purposes, or either of
them, of continuing the levy from year to year thereafter,
and for the amount to be levied each year, the board shall
certify the levy annually to the county auditor, who shall
place the same upon the tax duplicate in the same manner
that other taxes certified by such board are required to be
placed thereon; and when the district is divided bj'^ a county
line, the levy shall be certified, collected, and paid in the
manner provided in sections thirty-nine hundred and sixty-one
and thirty-nine hundred and sixty-two, in the case of levies for
joint sub-districts. [70 v. 195, § 62.]
Sec. 3993. To enable such board to anticipate the money
to be raised it may borrow the sum of money necessary, not
exceeding the amount so authorized to be levied, and issue
bonds therefor, payable as indicated by the vote provided for
in section thirty -nine hundred and nitiety-one, after a certain day
Mode of rais-
ing fund£.
OflBcial signa-
tures.
Injunction
against exces-
■Ive Issues.
Sec. 3993 (a). Boards of education are not authorized to raise money
on notes or bonds except as provided for by statute.
(6). Bonds signed by the president and clerk of the board are officially
signed.
(c). When specific power is given by the legislature authorizing a board
of education to issue negotiable bonds for school purposes upon certain con-
ditions prescribed, the regularity of proceedings of the board cannot be dis-
puted, where the bonds, upon their face, purport to have been issued under
the law in question, and where they have been sold by the board and after-
wards passed into the hands of a bona fide holder.
Mandamus is the proper remedy to compel the board to appropriate
moneys already in their treasury for that purpose, toward the payment of
such bonds, and to levy such tax as may be necessary to complete such pay-
ment. 27 O. S., 96.
SCHOOL OFFICERS GUIDE. 75
School-houses and Libraries. Ch. 8.
to be named therein, and bearing interest payable semi-an-
nually, at a rate specified therein, not exceeding six per cent-
um per annum ; the bonds si all be in such sums as the board
may determine, be numbered consecutively, made payable to
the bearer, bear date the day of sale, and be signed by the
board ofl5cialiy; the clerk of the board shajl keep a record of
the number, date, amount, and rate of interest of each bond
sold, the sum for which and the name of the person to whom
sold, and the time when payable, which record shall be open
to the inspection of the public at all reaaonable times ; and
the bonds so issued shall in no case be sold for a less sum than
their par value, nor bear interest until the purchase money
for the same shall have been paid by the purchaser. [70 v.
195, § 63.]
Sec. 3994. The board of education of any city district of issue of bond«
bv Ijofirds of
the first class, except a district embracing a city of the first city districts of
\ , . first claM.
grade of the first class, may issue bonds to obtain or improve
public school property, and in anticipation of income from
taxes for such purpose, levied or to be levied, may, from time
to time, as occasion requires, issue and sell bonds, under the
restrictions and bearing a rate of interest specified in the
preceding section, and pay such bonds and interest thereon
when due, but shall so provide that no greater amount of such
bonds shall be issued in any year than would equal the ag-
gregate of a tax at the rate of two mills, for the year next
preceding such issue ; but the order to issue such bonds shall
be made only at a regular meeting of the board, and by a
vote of a majority of all the members thereof, taken by yeas
and nays, and entered on the journal of the board. [75 v.
626, § 56.]
LIBBABIES.
Sec. 3995. In any district the board of education may certain boards
appropriate monej from the contingent fund for the purchase XVoney^for
library, etc.
Sec. 3994. An injunction would lie against a board of education which
sought to issue bonds in excess of this authority, but only as to such excess, of libraries
and not to the whole. 47 Mich., 226 ; 43 Iowa, 48.
Sec. 3995 (a). For the establisnment of a public library by township
trustees, see R. S., sees. 1476-1478. For powers of city and village councils,
see section 1692, R. S.
76
OHIO SCHOOL LAWS.
Ch. 8.
School-houses and Libraries.
Levy for li-
brary in cities.
of such books, other than school books, as it may deem suit-
able for the use and improvement of the scholars and teachers
of the district, and in the purchase of philosophical or other
apparatus for the demonstration of such branches of educa-
tion as may be taught in the schools of the dit^trict, or for
either of such purposes ; but not more than one-half of the
amount herein authorized to be appropriated shall be ex-
pended in the purchaee of such apparatus; such appropria-
tion shall not exceed, in any one year, twelve hundred dollars
in city districts containing cities of the first grade of the first
class, three hundred dollars in other city districts of the first
class, one hundred and fifty dollars in city districts of the
second class, and seventy-five dollars in other districts; and
the books so purchased shall constitute a school library, the
control and mangementof which shall be vested in the board
of education. The board of education of any city of the second
class, fourth grade, having a free public library organized, in
pursuance of law, may allow such free public library associa-
tion the use and control of the public school library, subject,
however, to such rules, regulations, and restrictions as said
board of education may prescribe for the use and control
thereof. [72 v. 29, § 51 ; 78 v. 1 lO.]
Sec. 3996. For the purpose of increasing and maintain-
ing the school library of city districts, the board of education
What is appar-
atus.
(6). The question sometimes arises as to what is apparatus. It is not
customary to regard maps and charts as such. These, like clocks, desks,
black-boards and black-board furniture, would be classed among the essen-
tials for furnishing a school, and they may probably be purchased under
section 3987, as provisions necessary for the convenience and prosperity of
the schools.
* (c). Boards of education may purchase " school or reading charts" for
use in the schools of their respective districts, and are not limited to the
amount authorized lo be expended by the provisions of section 3995, K. S.
2 O. Circuit Rep., 363.
* (d). Uuder the statute providing for instruction as to the nature of
alcoholic drinks and narcotics, and their eflects on the human system, in
connection with the subject of physiology and hygiene, in all grades of the
schools, and which makes it the duties of boards of education to make pro-
vision for such instruction, it seems a reasonable construction of the act
that such boards are authorized to purchase such anatomical studies and
charts as they may deem necessarj to give this instruction successfully
without regard to the limitations as to the amount to be expended, set forth
in this section 3995.
SCHOOL officers' GUIDE. T^J
School houses and Libraries. Ch. 8.
may levy annually a tax of one-tenth of one mill on the
dollar valuation of the taxable property thereof, to be assessed,
collected, and paid in the same manner as are other school
taxes of such districts. [64 v. 62, § l.j
Sec. 3997. Tne amount of such tax, when collected, how library
t&x to be GX~
Bhall be expended, under the direction of the board, for the pended.
purchase of i^uch books as are suitable for public school libra-
ries, the bills for which, with the attendant expenses, shall
be certified by the president and clerk, and paid by the treas-
urer of the school funds. [6-4 v. 62, § i7\
Sec. 3998. The board may appoint a librarian, fix his Board mayap-
1 1 II 1,- 1 1 1 1 - ,. point libra-
compensation, and make all neearul rules and regulations for rian.etc.
the management of the library, to which every family resi-
dent in such city districts shall have access. [64 v. 62. § 3.]
Sec. 8999. In cities not having less than twenty thous- . ^ .
•' In certain
and inhabiiants, the board of education having custody of mav^app^o^nt
any public library therein may, at any regular meeting, Hbrarl^"^^"^
adopt a resolution providing for a board of managers of such
library, and shall thereupon elect, by ballot, two pert^ons to
serve as members of such board for a terra of three years, two
persons to serve for a term of one year ; and annually there-
after two persons shall be elected to serve for a term of three
years; all vacancies in such board shall be filled by the board
of education by ballot, and a person so eltcted shall serve
during the unexpired term of his predecessor; the president
of the board of education shall be a member of the board of
managers ex-officio; and the board of managers shall at all
times be amenable to and under the control of the board of
education, as to tenure of ollice and authority, and shall serve
without compensation. [64 v. 100 § 1.]
Sec. 4000. The public library board of the citv of Cleve-
•' Cleveland
land shall consist of seven suitable persons, residents of said public library
"^ ' board.
city, no one being a memb-^r or officer of the board of educa-
tion. The members of the library board shall serve without
compensation, and hold their officns for three years, and until
their successors shall have been elected and qualified, except
that at the first election two of the board shall be elected for
one year, two for two years, and three for three years. After
said first election so many shall be elected each year as equals
the number whose term expires that year. They shall be
78
OHIO SCHOOL LAWS.
Ch. 8.
School-houses and Libraries.
Powers aud
duties of li-
brary board.
Library tax,
and liow ex-
pended.
elected by roll-call as in other cases, by the board of education
of the city of Cleveland, at its first regular meeting after the
third Monday of April, 1886, and annually thereafter as
hereinbefore provided. The board of education shall have
power at any time to fill vacancies in the library board for
unexpired terms by election as aforesaid. [75 v. 101, § 1; 80
V. 172 ; 83 v. 104.]
Sec. 4001. Such library board shall report in writing to
the board of education once each year, and oftener if required
by the latter, shall have exclusive charge and control of the
public library of the city, and shall have full power to make
all rules and regulations for the government and management
thereof; to employ a librarian and such assistants and helps
as may be needed for the care and protection of the library,
and to attend to the drawing and return of books; but prior
to such employment the compensation of such librarian, as-
sistants and help, shall be fixed by the library board, by a
majority of the members thereof voting in favor of such com-
pensation, on roll-call by the secretary, and such librarian,
assistants and help shall be employed by a vote in the same
manner. [76 v. 50, § 2 ; 78 v. 132 ; 80 v. 172.]
Sec. 4002. For the purpose of increasing and maintain-
ing the public library in said city, and the territory thereto
attached for school purposes, such library board may levy
annually a tax of two and one-half tenths of one mill on
each dollar valuation of the taxable property of the city, and
the territory thereto attached for school purposes, to be levied,
collected and paid in the same manner as are the school taxes
of the city; all moneys appropriated, received or collected by
tax for the library, shall be expended under the direction of
the library board in purchasing such books, pamphlets,
papers, magazines, periodicals, journals and other property
as may be deemed buitable for the public library, and in pay-
ment of all other charges and expenses, including compensa-
tion to the librarian, assistants and help, that may be incur-
red in increasing and maintaining the library; and the pay-
rolls and all warrants upon the treasurer given to pay such
expenditures, upon the order of the library board, be certified
by the president and secretary of such board, and paid by
SCHOOL OFFICERS GUIDE. 79
School-houses and Libraries. Ch. 8.
the treasurer of the city from'such library fund. [76 v. 50, §
3; 80 V. 173.]
Sec. 4003. In all cities which at the last federal census Consolidation
had, or at any subsequent federal census may have, a popula- Portsmouth
' J ^ / > i- r authorized.
tion of ten thousand five hundred and ninety two, it shall be
lawful to merge any public library therein heretofore estab-
lished with any other library or reading room therein exist-
in;^ ; but the library formed by such consolidation shall be
kept open for the use of the public at all reasonable hours.
[75 V. 541, §1; 76 v. 27, § l-l
Sec. 4004. The board of education of every such city Board of Ports-
shall, at its first regular meeting after the second Monday in pomt Ubrju-y
June, 1879, elect by ballot three suitable persons, residents of
the city, but other than members of such board, who shall be
known as the library committee of the city, one to serve for
one year, one for two years, and one for three years, and until
their successors are duly elected and qualified, and shall, an-
nually thereafter, elect in like manner one person with the
same qualifications, to serve for three years, and until his suc-
cessor is elected and qualified ; and any vacancy in such com-
mittee shall be filled lor the unexpired term at the first regu-
lar meeting of the board held after the same occurs. [75 v,
541, §2; 76 V. 97, §2.]
Sec. 4005. Such committee shall report in writing to
oommittee.
the board of education at least once each year, and oftener if '^^^^^ ^^ s"*^
Powers aud
duties of SI
eomtnittee.
required by the board, and shall have entire charge and con-
trol of the school library in the city, with full power to make
all rules and regulations for the government and regulation
thereof, to employ a librarian, and such assistants and help
as may be needed for its care and protection, and to require
of the librarian such bond as they may deem proper for the
faithful performance of his duties, and to attend to the draw-
ing and return of books; but the salary of such librarian,
and the rate of compensation of such assistants and help,
shall be fixed by resolution prior to such employment. [76
V. 97, § 3.J
Sec. 4006. For the purpose of increasing and maintain- i-owersmui
,11-1 . . .. ,. ,. . . , duties of libra-
ing school libraries in cities mentioned in section forty nun- ry committee*
77 77 -iT-k-ir-. «•/-.!• 11 • '" Portsmoutk.
area and three or the Revised Statutes of Ohio, and the territory
thereto attached for school purposes, such library committee
8o
OHIO SCHOOL LAWS.
Ch. 9.
Schools, and Attendance enforced.
in such cases is authorized to annually levy a tax of two-
tenths of one mill on the dollar valuation of the taxable prop-
erty ot such cities aforesaid, and the territory thereto attached
for school purposes, to be assessed, collected, and paid in the
same manner as are the school taxes of such cities; and all
money appropriated or collected by tax for such library shall
be expended under the direction of said library committee
in the purchase of such books, pamphlets, papers, magazines,,
periodicals, and journals, as may be deemed suitable for the
public school library, and in payment of all other costs a::d
charges, including the salaries of the librarian and assistants^
that may be incurred in maintaining such libraries, the bills
and pay-rolls for which said expenditures, shall, upon the
order of the library committee, be certified by the chairman
and secretary of such committee, and paid by the treasurer of
the board of education of said city from such library fund.
[55 V. 541, § 2; 76 v. 97, § 4 ; 78 v. 176]
CHAPTER 0.
SCHOOLS, AND ATTENDANCE ENFORCED.
Section
4007. Sufficient schools must be provi-
ded.
Schools for colored children.
Schools oi higher grade than pri-
mary.
Schools at "children's homes"
and county infirmaries.
Youth may be s nt to charity
school at Zanesville.
4012. Evening scho->ls.
4013. Who may be admitted to public
schools".
4014. Suspension and expulsion of pu-
pils.
Teachers may dismiss schools on
holidays.
School year, month, and week.
board to control schools, and ap-
point officers.
4008.
4009.
4010.
4011.
401?
4016.
4017.
Section
4018. Directors to employ, pay, and dis-
miss teachers.
4019. Teacher dismissed for insufficient
cause may institute suit.
4020. Board to determine studies and
text-books. I
4021. When German language to , be
taught, etc.
4022. Pupils may be sent from one dis-
trict to another. '.
4025. Boards to ascertain condition^of
children not at school. t
4026. When board may supply pupil
with books.
4027. Penalties against violation of^pre-
ceding provision.
4029. What is equivalent to attendance
on day school.
Sufficient
Secti )N 4007.
SCHOOLS.
Each board of education shall establish a
^^proviS* sufficient number of schools to provide for the free education
of the youth of school age within the district under its control^
Section 4007 (a). In determining the question as to how many schools
are necessary in the districts, either of townships, villages, or cities, three
SCHOOL officers' guide. 8 1
Schools, and Attendance Enforced. Ch. 9.
at such places as will be mo3t convenient for the attendance
of the largest number of such youth, and shall continue each
and every day school so established not less than twenty-four
nor more than forty-four weeks in each school year ; and each
township board of education shall establish at least one pri-
mary school in each sub-district under its control. [75 v. 513,
§50.1
[>ection 4008, which authorized boards of education to
provide separate schools for colored children, was repealed
February 22, 1887. See notes.]
Sec. 400 ^. Any board of education may establish one or Boards of edu-
more schools of higher grade than the primary schools, when- ostabu^"^
ever it deems the establishment of such school or schools higher^grade
proper or necessary for the convenience or progress of the
pupils attending the same, or for the conduct and welfare of
the educational interests of the district; and such school or
schools when so established, shall not be discontinued under
three years from the time of the establishment thereof, except
by a vote of three-fourths of the members of the board of edu-
cation of each township. [75 v. 513, § 50; 79 v. 37.]
than primary.
things should be carefully considered : 1. Convenience of access. 2. Econ-
omy in expenditures. 8. A proper grading and classification of the pupils,
in cases where grading is possible.
Under the first item, a due regard should be had to the arrangement of Schools should
" ,,,... he convenieiit-
the population. In some cases the geographical center of the district is ly located.
not the center of population, nor will it always do utterly to disregard the
rights of minorities, and place the school in the exact center of population,
when this will force a respectable number of children to travel excessive
distances.
There is no reason why two or more school-houses or two or more _
•' Two or more
school-rooms may not be provided in a sub-district. s.chool rooms
in a sub-dis-
(b) The law is absolute in its requirements to continue all schools to trict.
which public money is applied at least twenty-four weeks. The law does Schools mw^^x
not limit boards of education to this period, however, and if the time is twent\"four
lengthened as to the schools for any portion of the inhabitants of a town- weeks.
ship district, it must be equally lengthened for all such inhabitants. This
does not imply that all the grades of a system of schools accessible to all
the pupils of a district must be kept up as long as the other grades. But if
the high or grammar schools for one part of the district be kept up for a
given time, such grades for other parts of the district must be continued as
long. See section 3967. That this same rule is to govern in the case of
different parts of a city district, see fourth item enumerated under section
3969.
82 OHIO SCHOOL LAWS.
Ch. 9. Schools, and Attendance Enforced.
Sec. 4009a. For the purpose of providing such schools
of higher grade, any township district, village and special
district, situate within the boundaries of such township may
be united together and organized as a special district for high
school purposes, by a vote of the electors of such township at
any general election as herein provided.
Sec. 40096. Any ten or more of the qualified electors of
Vote on union ^ • -, • -ii ■,- • -it-.
of districts for any township having a village district, or special district
high school "^ ^ . .
purposes: ap- within its limits, may give ten days' notice before any gen-
pointment of ^ j o j ^ n
board of edii- Q^aX election that a separate vote will be taken at the next
cation for ^
high school. general election in said township, in each of the districts pro-
posed to be so united, on the proposition to unite such village,
township district, or special district, or any two of said dis-
tricts, for high school purposes. Such notice shall be suf-
ficient, if given by publication in a newspaper published and
of general circulation in said township, and by being con-
spicuously posted in at least three public places in each of
the districts interested. At such next general election held
a ter publication of such notice, all electors voting in favor
of such union shall have written or printed on their ballots,
"Special District for High School Purposes — Yes;" and all
electors voting against such union shall have written or
printed on their ballots, " Special District for High School
Purposes — No." If a majority of the ballots cast on the propo-
sition in each of said districts have on them the words,
'■Special District for High School Purposes — Yes," such vil-
* 4008 (a). The power to establish and maintain separate schools for
colored children was conferred on boards of education by section 4(^08 and
not by section 401 3 of the Revised Statutes. "Whilst under the latter sec-
tion power is conferred on boards of education to make such OFsignnients of
the youth of their respective districts, to the schools established by them,
as will, in their opinion, best promote the interest of education in their
districts, such power cannot be exercised with reference to the race or color
of the youth; and section 4008 having been repealed by the act of the Gen-
eral Assembly passed February 22, 1887 (84 Ohio L., 34), separate schools
for colored children have been abolished, and no regulation can be made
under section 4013, that does not apply to all children, irrespective of race
or color. 45 O. S., 556.
*(6). The fact that prior to the repeal of section 4008, a board of edu-
cation had, under its provisions, established a separate school for colored
children, does not authorize it to continue the same after such repeal, and
to require the colored children, against their will, to attend the same. 2 O.
Circuit Court Rep., 557.
SCHOOL officers' GUIDE. 83
Schools and Attendance Enforced. Ch. 9.
lage, township and special districts, or any two of said dis-
tricted, shall thereafter be united as a special district for high
school purposes ; and the judges of such election shall certify
to the court of commoa pleas of the county in which such
township is situate, the result of such election, which certifi-
cate shall be placed upon the journal of said court; where-
upon said court shall appoint three judicious persons, one for
one year, one for two years, and one for three years, residents
of said township, as the board of education of such special
district for high school purposes, one member of such board
of education to be elected every year ft] hereafter, to hold
said office for three years, or until his successor is elected.
Such board of education, when so appointed, shall have all
the powers now conferred by law upon other boards of educa--
tion. [82 V. 128.]
Sec. 4010. The board of any district in which a chil- sehooisnt
dren's home or orphans' asylum is or may be established by homes, or-
,., A • n • 1 11.11 phans' asy-
law, or in which a countv innrmary is or may be established, inmsand in-
■■ flrmaries: how
shall, when requested by the board of trustees of such chil- sustained.
* Sec. 4009 (a). One of the most encouraging features of the develop-
ment of our public school system, is the rapid growth of the higher educa-
tion, particularly in the township districts. The establishment of town-
ship high schools is going forward in increasing numbers with each
succeeding year. The people seem to be growing into the conviction that
the higher education is a necessity in a republic, and that the cheapest and
best place for their children to obt-iin this education is at home, under their
own eye.
{h). This authority applies to all boards of education, including town- To whom ap-
sliip boards. If such higher grade of school is in a sub-district and exclu- by w^hmn^wi
sively for the use of such sub-district, it is, like primary schools so situated, troUed.
under the provisions of section 4018. If it is designed for the attendance
of children from all of the sub-districts, under a general rule that all of a
certain grade of scholarship may attend it, without special assignment of
individual pupils thereto, it is practically a township high school, and
under the management of the township board of education, though it is, of
necessity, located within the territory of some sub-dictrict. This is evident
from the fact that the full control of the public schools of each district is,
under section 4017, in the hands of the board of education of such district,
except only as provided in section 4018.
(c). An order for the payment of a teacher of a township high school
should be signed by the president and countersigned by the clerk of the teacher how
board of education. See section 4047. signed.
* {d). Of course the superintendent of the schools of a township, is en-
titled, under the direction of the township board, to exercise the same au-
thority that is exercised by a superintendent of city schools.
84 OHIO SCHOOL laws.
Ch. 9. Schools, and Attendance Enforced.
dren's home, orphans' asylum or the directors of such infirm-
ary, establish in such home, asylum or infirmary a separate
school, so as to aflbrd to the children therein, as far as practi-
cable, the advantages and privileges of a common school edu-
cation ; such schools at infirmaries shall be continued in
operation each year until the full share of all the school funds
of the district belonging to such children, on the basis of
enumeration, is expended, and at such homes and asylums
not less than forty-four weeks, if the distributive share of
school funds to which such school at any such home or asy-
lum is entitled by the enumeration of children in the insti-
To be under tution is not sufficient to continue the schools the length of
tmsYees^of in- time hereby required, the deficiency shall be paid out of the
stitutions. funds of the institution; all schools eo established in any
such home, asylum or infirmary, shall be under the control
and management of the respective boards of trustees or di-
rectors of such institution, which boards of trustees or direc-
tors shall, in the control and management pf such schools, as
far as practicable, be subject to the same laws that boards of
education and other school officers are, who have charge of
the common schools of such district ; in the establi?hmerjt of
such schools the commissioners of the county in which such
children's home, orphans' asylum or county infirmary is es-
tablished, snail provide the nece&^sary school-room or rooms,
furniture, fuel, apparatus and books, the cost of which furni-
ture, fuel, apparatus and books for the schools of such homes,
infirmaries and asylums, shall be paid out of the funds pro-
vided for such institutions; and the board of education shall
incur no expense in supporting such schools. [75 v. 513, § 50 ;
76 v. 75, § 1 ; 80 v. 217.J
Youth maybe Sec. 4011. The board of education of the city of Zanes-
Ichoo? a?*^"^^ ville may contract with the trustees having the management
of any fund which has been provided by gift, devise, or be-
quest for the establishment or support of a school or schools
for poor children therein, for the admission to any such school
of children resident in the city, and pay to such trustees, out
of the school funds under its control, such tuition fee as may
be agreed upon for each scholar so admitted, but not entitled
to admission according to the terms of such gift, device, or
bequest, and also provide for such right of visitation or con-
trol of such school or schools by the board as may be agreed
Zanesville.
SCHOOL officers' GUIDE. 85
Schools, and Attendance Enforced. Ch. 9.
upon; such school or schools shall be kept, at the least, equal
in grade and efficiency to the corresponding public schools of
the state, and every such contract shall expire in three years
from the time of its execution, unless renewed or extended
by agreement; but this section shall in no manner apply to
any school or schools supported or controlled by any church,
congregation, sect, or religious denomination or association of
any kind. [75 v. 530, § 1.]
Sec. 4012. In any district composed, in whole or in ^(J^^^jji'^s
part, of a city or village, the board may, at its discretion,
provide a suitable number of evening schools for the instruc-
tion of such youth as are prevented by their daily vocation
from attending day schools, subject to sach regulations as the
board may, from time to time, adopt for the government
thereof. [72 v. 29, § 51.]
Sec.MOIo. The schools of each district shall be free to ail „ ^,. ^ ,
• Public schools.
youth between six (6) and twenty -one (21) years of age, who
are children, wards, or apprentices of actual residents of the admitted to.
district, including children of proper age, who are or may be
inmates of a county or district children's home located in any
such school district, at the discretion of the board of educa-
tion of the township in which said school district is located.
Each board of education may admit other persons of like age
upon such terms or upon payment of such tuition as it may
prescribe; provided, that in all counties which do not con-
tain a city of the first grade of the first class, in such case
there shall be credited on the tuition so charged the amount
of school tax in such dictrict for the current school year,
which may be paid by such non-resident pupil or a parent
thereof; and the several boards shall make such assignment
of the youth of their respective districts to the schools estab-
lished by them, as will, in their opinion, best promote the in-
terests of education in their districts, [70 v. 195, § '1; 77 v.
196; 8i V. 69.]
Sec. 4013 (a). Children cannot, as a matter of right, attend the schools
of sub-districts in which they do not reside, and to which they have not ten^^n their
been assigned by the board of education. The local directors are given no own suh-dis-
jurisdiction in such matters.
* (6). By comparing this section with section 4030, it will be seen
they do not correspond in one particular. The latter says, there shall be
' an enumeration of all unmarried youth," while in this section there is no
S6
OHIO SCHOOL LAWS.
Ch. 9.
Schools, and Attcndar.ce Enforced.
suspension
and expulsion
ol pupils.
Dismissal of
sctiools on
holidays.
School year,
month, and
weeli.
Sec. 4014. No pupil shall be cuspended from school by a
superintendent or teacher except for such time as may be
necessary to convene the board of education of the district or
the directors of the sub district, and no pupil shall be exfielled
except by a vote of two-thirds of such board or directors, and
not until the parent or guardian of the offending pupil has
been notified of the proposed expulsion, and permitted to be
heard against the same ; and no Fcholar shall be suspended or
expelled from any school beyond the current term theieof.
[70 V. 195, § 71.]
Sec. 4015. Teachers employed in the common schools
may dismiss their schools, without forfeiture of pay, on the
first day of January, the twenty-second day of Februar}', the
thirtieth 'Jay of May, the fourth day of July, the twenty-fifth
day of December, and on any day set apart by proclamation
of the president of the United States, or the governor of this
state, as a day of fast or thanksgiving. [70 v. 195, § 116; 79
v. 87 ; 83 v. 73.]
Sec. 4016. The school year shall begin on the first day
of September of each year, and close on the thirty-first day
Electors vote
where.
limitation to free admission into school, except as to age. It was doubtless
intended by the General Assembly that the two sections should agree on
this point. That they do not is owing, it may be presumed, to an inadvert-
ance.
Under this section persons under twenty-one years of age, though mar-
ried, are entitled to all the privileges of the schools of the district in which
they reside, notwithstanding they have not been enumerated in the school
census, and in consequence can draw no part of the state school fund.
(c). Under the general law, sections 3898, 3916, etc., boards of educa-
tion are elected by the qualified electors of their district. This section does
not change this provision. Hence, though they may send their children to
the school, they cannot vote in any district except where their home is situ-
ated.
Sec. 4014 (a). The father of a child entitled to the benefits of the pub-
lic school of the sub-district of his residence, may maintain an action
against the teacher of the school and the directors of the sub-district, for
damages for wrongfully expelling the child from school. Eoe v. Deming et
at., 21 O. S., 666.
. , (6). The parent has no right to interfere with the order or progress of
pupils at home the school by detaining his child at home, or by sending him at times that
by parent. , , j ^_ .^i 01 t ceo
Right to at-
tend not ab-
solute.
prove an annoyance or hindrance to others. 31 Iowa, 568.
The right to attend school is not absolute, but conditional on compli-
ance with the rules. 48 Vt., 473.
SCHOOL officers' guide. 87
ScIiooIb, and Attendance Enforced. Ch. 9.
of August of the succeeding year; and a school week shall
consist of five days, and a school month of four school weeks.
[70 V. 215, g 70; 72 v. 181, § 6.]
Sec. 4017. The board of education of each district shall
Bosrd to con-
have the management and control of the public schools of the troi schools
^ ^ and appoint
district, with full power, subject to the provisions of the next ofiicors.
section, to appoint a superintendent and assistant superin-
tendents of the schools, a superintendent of buildings, and
teachers, janitors, and other employes, and fix their salaries
or pay, which salaries or priy shall not be either increased or
® 4015 (a). Hiring teachers by the day does not afTect their rights under
this section.
(6). It is held in Michigan that "school management should always
conform to those decent usages which recognize the propriety of omitting
to hold exercises on recognized holidays. All contracts for teaching during
periods mentioned must be construed of necessity as subject to such days
and there can be no penalty laid upon such observances, in the way of for-
feitures or deductions of wages." 39 Mich., 484.
Sec. 401G. Teachers have no right, without express authority of the Making up
board of education, to make up lost time by teaching on Saturday or on a Saturdays
holiday. The custom is so well established of keeping the schools in session ^"<^^ holidays,
the five working days of each week exclusive of Saturday, and of dismiss-
ing on the holidays named, that to change this custom would manifestly re-
quire action by the board. As the law does not prescribe the days of the
week to be taught, the board may, under section 3985, authorize the inter-
mission of school on Monday or any other day most convenient to the in-
habitants. In a few districts in Ohio, there is no session on Monday.
Sec. 4017 (a). Boards of education are authorized to adopt and enforce Board to en-
necessary rules and regulations for the government of schools under their ^"^ce ncces-
management and control. Sewell v. Board of Education, 29 O. S., 89.
"••■ (b). The assent of both parties must be given to a contract to make it Proposition
binding. A resolution passed by a board of education, engaging the ser- mav'tfe with-
vices of a person in any capacity, may be withdrawn at any time before the d™wn.
person accepts. 40 Mich., 84.
(c). Even if time be given for the answer, and no consideration for
this delay be paid, the proposal may be withdrawn at any time before ac-
ceptance. A letter mailed or a telegram sent determines the time accept-
ance is completed and the contract sealed. Pollock on Contracts, p. 8.
(d). If a teacher is employed for a definite time, and, during the Schools closed
period of his employment, the district officers close the schools on account contagious
of the prevalence of contagious diseases, and keep them closed for a time, '^i''®*'-^^-
and the teacher continues ready to perform his contract, he is entitled to
full wages during such period. The act of God is not an excuse for non-
performance of a contract unless it renders performance impossible ; if it
merely makes it difficult and inexpedient, it is not sufficient. Although
OHIO SCHOOL LAWS.
Ch. 9.
Schools, and Atteudance Enforced.
Directors to
employ, pay,
and dismiss
teachers.
diminished during the term for which the appointment is
made ; but no person shall be appointed for a longer time
than that for which a member ot* the board is elected; and
such board may dismiss any appointee for inefficiency, neg-
lect of duty, immorality, or improper conduct. [70 v. 195,
§53.]
Sec. 4018. In township districts the directors shall em-
ploy and for sufficient cause dismiss, the teachers of the
schools in their respective sub districts, and shall fix their
salaries or pay, which salaries or pay may be increa,sed but
not diminished in aaaount by the township board, and shall
not exceed in the aggregate, in any year, for any sub-district,
the amount ot money to which the sub-district is entitled
for the purpose of tuition for such year; if the directors of
Molation of
contract.
niider sucli circumstances it is eminently prudent to dismiss school, yet
this affords no reason why the misfortune of the district should be visited
upon the teacher. Dewey v. Union School District of Alpena, 43 Mich., 480.
(«). A person who engages to teach for a definite term, and leaves the
school without just cause, cannot sustain an action for services already ren-
dered. 29 Vt., 219.
■■(/). It has been held in New York that absence of a teacher for a
single day without consent of the trustees annuls the contract. New York
Code of Instruction, pp. 705,, 723, 731 .
But a teacher abandoning his school because not sustained by the
trustees in the enforcement of reasonable rules is entitled to wages for the
time taught. 7 Vermont, 452 ; 55 Mo., 149.
* (g). The discharge ol a janitor's duties is no part of a teacher's work;
and, in absence of a contract to perform such duties, he is under no legal
obligation to do so, no difference what may have been the custom in the
district, nor how long acquiesced in.
The teacher cannot compel pupils to do any janitorial work, such as
building fires or sweeping school-houses. 97 111., 375.
* (h). Many city boards of education have as one of their standing rules
that all their employes shall hold their positions at the discretion of the
board. This condition in a contract with employes hired for a specified
time is null and void. The statute names the causes for which an ap-
pointee may be dismissed, and that appointee can be dismissed for no other.
A rule of a board of education cannot override a state law.
* 4018. (a). No teacher can be employed except at a meeting of the
board of directors, and by a majority of the board. If the meeting is a
special one, each member must have been notified of the time and place of
holding it. If a teacher goes from member to member of the board, and gets
their individual assent to his employment, on certain terms, in their dis-
trict, this will not constitute a legal contract.
SCHOOL OFFICERS GUIDE.
89
Schools, and Attendance Enforced.
any sub-district fail to employ a teacher for their school, the
township board shall employ such teacher, and fix the salary
to be paid ; and the directors, at the end of any month, or at
the end of the term, shall give to the teachers employed by
them certificates of such employment, andof services rendered,
addressed to the township clerk, who, upon presentation
Ch. 9.
(6). The dismissal is business and must be transacted at a meeting,
as set forth in section 3918, and the reasons therefor must be spread upon
the minutes. There must be a "sufficient cause."
(c). Under the act of May 1, 1873, (70 v. 195), the local directors of
township sub-districts have no power to delegate the employment of teachers
to any other person, nor to provide for their payment except as provided
in section 53 of that act; and a contract with a teacher that'he shall employ
an assistant if one be necessary, is illegal and void (State v. Williams, 29
O. S., 161); but where the local directors employed a teacher, and fixed his
salary at $125 per mouth in case he alone should be able to teach the
school to their satisfantion, otherwise the teacher to employ and pay an as-
sistant, and such teacher performed the service under his employment,
without the aid of an assistant, to the satisfaction of the directors, who cer-
tified to the township clerk the amount due to the teacher under the con-
tract. Held: That the township clerk cannot justify his refusal to draw
an order on the township treasurer for the amount certified, on the ground
that the contract under which the service was performed was against public
policy and void. State v. Williams. Jb.
{d). A township board, supposing that local directors were neglect-
ing their duties under the provisions of the act of March 14, 1853 ( 51 v.
429 ), employed a teacher for a sub-district, who, without being notified by
the local directors to desist, taught the school for three month, and received
an order on the township treasurer for his wages. Held: That the
treasurer could not rightfully withhold payment of the order upon the
ground that the directors had not been neglectful of their duties, and that
the exercise thereof by the board of education was unwarranted by the facts
in the case. Case v. Wresler, 4 O. 8., 561.
(e). Under the act of March 14, 1853 ( 51 v. 429), the authority and
duty conferred by the statute upon the local directors, to employ teachers
and certify the amount due them for services, cannot be controlled or inter-
fered with by any order, resolution, or rule of the township board, fixing a
maximum compensation not to be exceeded by the local directors in employ-
ing teachers in any sub-district. 11 O. S., 326.
Where a township board entered an order that teachers should not be
employed at a greater compensation than twenty dollars per month and the
local directors employed a teacher at thirty dollars per month, and certi-
fied the amount due him for his services at that rate, to the township clerk,
it became the duty of the township clerk to draw an order in conformity
with such certificate of the local directors. lb.
(/). The directors may dismiss a teacher for sufficient cause, as
incompetency, negligence, immorality. In case the teacher brings suit, as
Dismissal is
business.
Power to cm-
ploy teiichers
cannot be
delegated.
Local board
neglecting
duty, town-
ship board
may act.
Wages of
teachers fixed
by local board.
Dismissal of
teacher.
90
OHIO SCHOOL LAWS.
Ch. 9.
Schools, and Attendance Enforced.
Teachers dis-
inissecl for in-
sufficient
cause may in-
stitute suit.
thereof, and compliance by such teachers with the provisions
of section forty -hvAidred and fifty-one, shall draw orders on the
township treasurer for the amounts certified to be due, in
favor of the parties entitled thereto, and the treasurer shall
pay the same. [70 v. 195, § 53.]
Sec. 4019. If the directors of any sub-district dismiss any
teacher for any frivolous or insuflficient reason, such teacher
may bring suit against such sub-district, and if, on the trial of
the cause, a judgment be obtained against the sub district, the
directors thereof shall certify to the clerk of the board the sum so
Wages.
Payment.
Responsible
for care of
property.
Decision
against sub-
district.
Certificate
prima facie
evidence of
.';ompetency.
he may, his certificate is only prima facie evidence of competency and char-
acter, and may be overbalanced by proof,
(g). If the sub-district's share of the state fund, increased by the
amount apportioned for tuition by the township board, is not sufficient to
continue the school at least six months, the directors should appeal to the
county commissioners.
(A). Upon making out a monthly report and presenting it to the clerk
along with a certificate of service from the directors, and his certificate from
the county examiners, or a copy thereof, a teacher may draw his salary
monthly. See section 403L]
(t). The teacher may be held responsible to the board or directors for
the efficient discharge of every duty properly attaching to the office of
teacher, including the oversight and preservation of school buildings,
grounds, furniture, apparatus, and other school property, as well as the
more important work of instruction and government. Such labor, however,
as sawing wood, making fires, and sweeping the floors in the school-house,
is no appropriate part of a teacher's duty ; and its performance by the
teacher cannot be legally enforced by the board or directors, unless the
teacher has voluntarily stipulated to do it. The cost of the work is prop-
erly chargeable to the " contingent fund," and in all well-regulated districts
and schools this course is pursued. If teachers voluntarily assume these
duties as a matter of convenience vnd economy to the district, they may do so.
(J). A township clerk cannot refuse to draw an order on the township
treasury for the payment of a teacher's wages, on the ground that the teach-
er's contract with the local directors contained an illegal requirement of
such teacher, such as that he shall exclude all colored children ; nor on the
ground that the township board of education directs him to refuse such
order. 36 O. S., 429.
Sec. 4019. (a). It will be seen that a decision against the local direc-
tors of a sub-district practically renders the township liable for the amount
of the judgment. See also section 3987.
(6). Possession of a certificate is prima facie evidence of competency
and good character, and in considering these facts the law requires only
fair attainments and ability, and the usual diligence and application of the
teacher in discharging his duty. 36 111., 71.
SCHOOL officers' GUIDE. 9 1
Schools, and Attendance Enforced. Ch. 9.
found due, who shall issue an order upon the township treas-
urer, to the person entitled thereto, to pay the same out of any
money in his hands belonging to such sub district, and appli-
cable to the payment of teachers; and in such suits process
may be served on the clerk of the sub-district, and service
upon him shall be sufficient. [76 v. 58. § 1.]
Sec. 4020. Each board shall determine, at a regular
' ° Board to de-
meeting, by an affirmative vote of a majority of all its mem- J™^*'^!^^"^^^"
bers, the studies to be pursued, and the text-books to be used ^^ooks.
in the schools under its control, but no text-bock shall be
changed, nor any portion thereof altered or revised, for five
years after its adoption, without the consent of three-fourths
of all the members elected to the board, given at a regular
meeting; and all branches shall be taught in the English
language, and each board of education is authorized to pur-
chase direct from publishers or dealers, at the lowest whole-
sale or contract prices, fuch necessary school text-books, and
other school supplies as may be determined by the board, and
furnish the same to pupils in the schools under its control at
cost price, and each board of education is authorized to pay
for such necessary school text-books and other school supplies
out of the contingent fund at the disposal of the board. [70
V. 195, §52; 82 v. 142.J
(c). This prima facie evidence throws upon the plaintiff the burden of
sustaining a charge against the teacher of incompetency, immorality, or
dereliction.
Sec. 4020 (a) This section not only authorizes boards to prescribe a Adoptfon of a
course of study and tlie text-books to be used, but directs that they shall do st*udy*^a°duty.
it. It right'y assumes that classification and system are essential to the
economical and eflfcctive conduct of its schools. The question is not settled
by finding a teacher so indifferent to real success that he is willing in these
days to sacrifice the interests of the school, of society, and of the State, by
an easy-going acquiescence in inadequate appliances for his work.
If a board of education neglects or refuses to comply with this peremp- Mandamus to
tory requirement of the law, it is manifest that any tax-payer may secure ^^°^P° ^^ ^""^
such action by mandamus or otherwise. The section authorizes the board
of education to enforce its order by refusing to continue in school a pupil
who, being able, does not conform to it. If the pupil has no one able to
supply him with books, the board should supply the want from the con-
tingent fund; see section 402G. Without doubt, a township board may, by
injunction or otherwise, enforce its rule upon local directors and on teachers supply books
in sub-districts. Economy and efficiency, and not individual caprice, should when,
be the guide in such matters. Changing to the use of a new edition of a
92
OHIO SCHOOL LAWS.
Ch. 9.
Schools, and Attendance Enforced.
Alcoholic
drinks and nar-
cotics required
brancheK in all
educational
luhtitutions
supported by
the State.
Oral instruc-
tion sufficient
compliince.
'Certificates to
teach after
January 1,1890.
Refusal or neg-
lect cause for ^
dismissal of
teachers.
To provide for the study of the nature of alcoholic drinks and narcotics
and their eflects on the human system, in the public schools of the
State of Ohio, and in all educational institutions supported wholly or
in part by public money.
Section 1. Be it enacted by the General Assembly of the
State of Ohio, That the nature of alcoholic drinks and nar-
cotics, and their effects upon the human system in connec-
tion with the subjects of physiology and hygiene, shall be
included in the branches to be regularly taught in the com-
mon schools of this state, and in all educational institutions
supported wholly or in part by money received from the State;
and it shall be the duty of the boards of education, and boards
of such educational institutions to make provisions for such
instruction in the schools and institutions under their juris-
diction, and to adopt such methods as shall adapt the same
to the capacity of the pupils in the various grades therein;
but it shall be deemed sufficient compliance with the require-
ments of this section if provision be made for such instruction
orally only, and without the use of text-books by the pupils.
Sec. 2. No certificate shall be granted to any person on
or after the first day of January, 1890, to teach in the common
schools, or in any educational institution supported as afore-
said, who does not pass a satisfactory examination as to the
nature of alcoholic drinks and narcotic.'^, and their effects upon
the human system.
Sec. 3. Any superintendent or principal of, or teacher
in an}' common school or educational institution, supported
Dropping
book or s
Religious
struction.
book is not a change of text-books. 35 O. S., 368, State ex rel. Flowers
V. Board of Education.
(6). It would require a majority of all the members composing the
tudy. board to drop a text-book or a course of study once adopted.
Music, drawing, or any other branch of school studies may be intro-
duced by the board. The section leaves this matter to the wise discretion
of the board.
(c). The constitution of the State does not enjoin or require religious
instruction, or the reading of religious books, in the public schools of the
State. Board of Education of Cincinnati v. Minor, et al., 23 O. S., 211.
The legislature having placed the management of the public schools
under the exclusive control of directors, trustees, and boards of education,
the courts have no rightful authority to interfere by directing what instruc-
shali be given, or what books shall be read therein. lb. 211.
A SCHOOL OFFICERS GUIDE.
J^F .\-,^r • Schools, and Attendance Enforced. Ch. 9.
as aforesaid, who willfully refuses or neglects to give the in-
struction required by this act, shall be dismissed from his or
her employment.
Sec. 4. This act shall take effect and be in force from
and after the first day of January, 18S9.
Passed April 11, 1888. [85 v. 213.]
Sec. 4021. The board of any district shall cause the
"^ When German
German language to be taught in any school under its coa imisnage to ix-
° ° ^ ■' taught, otc.
trol, during any school year, when a demand therefor is made,
in writing, by seventy-five freeholders resident of the district,
representing not le?s than forty pupils who are entitled to
attend such school, and who, in good faith, desire and intend
to study the German and Engli>?h languagc-s together; hut
such demand shall be made at a regular meeting of the board,
and prior to the beginning of such school year; and any
board may cause the German or other language to be taught
in any school under its control, without such demand, [70
V. 195, § 52.]
Sec. 4022. The board of any district may contract with pupUKmayu
the board of any other district for the admission of pupils into diBiTktto""^
any school in such other district, on such terms as may be ''"°^^'^^-
* Sec. 1. (a). The duty of boards of education to make provision for
instruction in the nature of alcoholic drinks and narcotix!s, and their effects
on the human system, in connection with the subjects of physiology and
hygiene, is imperative, and if these boards neglect this duty, they may be
compelled to its performance by a writ of mandamus.
■'•■' (6). It is evidently the intent of the law that physiology and hvgiene
as well as the nature of alcoholic drinks and narcotics, shall be taught to
all youth attending the common schools, from the infants entering school
for the first time up to the senior class in the high school ; and it is left to
the ingenuity of boards of education and teachers to devise the kind of in-
struction that will be comprehensible to each class of minds in this wide
range. As to whether this teaching shall be done or not, neither boards
nor teachers are allowed any discretion. It is a compulsory law of the
most iron-clad character.
* Sec. 3. (a). The penalty of dismissal from employment cannot in
equity be inflicted on superintendents, principals, and teachers for not
giving the instruction required by the above act, until after the board of
education has made proper provision for such instruction.
Sec. 4021. (a). The law plainly contemplates English schools,
though it allows the teaching of other languages as such, and upon the G^rmau'°° ^"
performance of certain named conditions requires the board to have the
German language taught.
94
OHIO SCHOOL LAWS.
Ch. 9.
Schools, and Attendance Enforced.
Koanl to fi?r>cr-
tain condition
children not
at school.
When board
inny sujjply
pupils with
books.
Penalties
apiinst viola-
tion of pre-
ceding pro-
visions.
Not a transfer.
Tuition, to
whom paid.
Assignment
of pupils.
agreed upon by such boards; and the expense so incurred
shall be paid out of the school funds of the district sending
such pupils. [73 v. 243, § 64.]
Sec. 4025. Each board of education shall ascertain, on
the second Monday of February and the second Monday of
September, or within fifteen days thereafter, each year, in
such manner as it may deem most expedient, the condition
of all children under fourtf^en years of age within its jurisdic-
tion employed at any daily labor, or who are not in attendance
at any common or private school, and shall report all viola-
tions of this chapter to its clerk, who shall at once proceed to
prosecute each and every such offense. [74 v. 57, § 3.]
Sec. 4026, If it be shown to the satisfaction of the board
of education that the parent or guardian has not the means
wherewith to purchase for his child or children the necessary
school-books to enable him to comply with the requirements
of this chapter, the board may furnish the same, free of charge,
to be paid for out of the contingent fund at the disposal of the
board. [74 v. 57, § 4.]
Sec. 4027. A parent, guardian, or other person, who
fails to comply with the provisions of this chapter, shall be
(6). While it is natural that persons of foreign birth should desire
their children to learn the tongue of the mother land, it is wise policy for
the state to provide that all children in the public schools shall learn the
language of this country.
Sec. 4022. (a). This is, of course, in no sense a transfer of the child,
and as certainly not of his parents, to the district or sub-district in which
he is permitted to attend school for pay.
(6). The tuition agreed upon is to be paid on the proper order of the
clerk of the board of education which sends the child, to the treasurer of
the district to which he is sent, — see last clause of section 4047 — and it is to
be disbursed by the board of this district. Neither local directors, indi-
vidual members of the board of education, superintendents, nor teachers
can retain or disburse it.
(c). Such contracts are not authorized to be made by local directors.
As to pupils residing in one sub-district and seeking to attend school in
other sub-districts, township boards "shall," as we have seen under section
4013, "make such assignment of the youth of their respective districts to the
schools established by them, as will, in their opinion, best promote the in-
terests of education in their districts." Under that section, there is, of
course, no provision for paying tuition. Section 4017 puts "in the boards
of education the management and control of all the public schools of the
district, subject only to the provisions of section 4018." Besides this, the
local board has no control of money with which to pay tuition.
SCHOOL OFFICERS GUIDE. 95
Schools, and Attendance Enforced. Ch. 9.
Habit) to a fine of not less than two nor more than five dollars
for the first offense, nor loss than five nor more than ten dollars
for each subsequent offense ; such fine shall be collected by the
clerk of the board of education, in the nameof the state, in an
the action before any court having competent jurisdiction; and
money so collected by each clerk shall, be paid to the county
treasurer, and be applied to the use of the common schools of
his district. [74 v. 57, § ■'').]
Sec. 4029. Two weeks' attendance at half time or night- what is equiv-
alent to atten-
school, shall be considered, within the meaning of this chap- dance on day
ter, equivalent to an attendance of one week at a day school.
[74 V. 57, § 7.]
TO COMPEL CHILDREN UNDER FOURTEEN YEARS OF AGE 70 AT-
TEND SCH OL A CERTAIN LENGTH OF aiME EACH YEAR.
Section 1. Be it enacted by the General Assembly of the State ^^^^^^^^",^1
of Ohio, That all parents, guardians and other persons who years"compei
have care of children shall instruct them, or cause them to be schooi"'^'^^^
instructed in spelling, reading, writing, English grammar,
geography and arithmetic, and every parent, guardian or other
person having control and charge of any child between the
ages of eight and fourteen years, shall be required to send any
such child or children to a public or private school for a peri-
od of not less than twenty weeks in city districts, in each
year, ten weeks of which, at least, shall be consecutive, and in
village and township districts not less than sixteen weeks in
each year, eight of which shall be consecutive, unless such
child or children are excused from such attendance by the
superintendent of the public, private or parochial schools in
cities, or by authority of the board of education in villages
and townships, when it shall have been shown to the satisfac-
tion of said superintendent, or said board, that the physical
or mental condition of such child or children has been such
as to prevent his, her, or their attendance at school, or that
said child or children are taught at home by some qualified
person or persons in such branches as are usually taught in
primary schools.
9^ OHIO SCHOOL laws.
Ch. 9. Schools, and Attendance Enforced.
emK'chu- ^Ec. 2. That no child under the age of fourteen years
foTrte"nyears, shall be employed by any person, company or corporation
oertamcondi-"' during the fchool term, and while the public pchoola are in
session, unless the parent, guardian or other person having
care of such child, shall be able to give substantial proof that
he or she has fully complied with the requirements of section
1 of this act, or that such child has completed the usual
course of primary and grammar grades in some public or pri-
vate school, and such person, company or corporation shall
demand such proof before giving employment to any minor,
and fhall make a record of said proof given, and shall be
required, upon the request of the officer ( hereinafter provided
for) to allow said ofJicer to examine the said record, and also
the record as provided for in section G986aa of the Revised
Statutes, and any person, company or corporation employing
any child contrary to the provisions of this act, shall be liable
to a penalty of fifty dollars for each ofiense, to be recovered
in an action for debt in any court, or before any justice of the
peace having jurisdiction, and such action shall be brought
in the name of the clerk of the board of education.
Regarding mi- Sec. 3. That all minors over the age of fourteen, and
tt-eu and under Under sixteen years, who cannot read and write the English
cannot read language, shall be required to attend school at least one-half
and write Eng- „ , , , • i i . . ,
lish. of each day, or to attend some evening school organized and
maintained by the board of education, or to take regular pri-
vate instruction from some person qualified, in the opinion
of the superintendent of schools in cities, and the clerk of the
board of education in villages and townships to teach such
branches, until he or she shall obtain a certificate from the
superintendent of schools in cities, and the clerk of the board
of education in villages and townships, certifying that said
minor can read at sight, and write legibly simple sentences
in the English language, and every person, company or cor-
poration having such minor in employment shall be required
*Sec. 1. (a). According to the statute (Sec. 4010) a school week
consists of five days. And as this section says that children between eight
and fourteen years shall be sent to school in city districts not less
than twenty weeks in each year, and in other districts not less than sixteen
weeks, the obvious and rational meaning is that children in the former dis-
tricts must be in actual attendance at school not less than one hundred
SCHOOL officers' GUIDE. 97
Schools, and Attaneance Enforced. Ch. 9.
to exact sach school attendance from such minor, andibe pre-
pared, upon demand of the hereinbefore mentioned officer, to
furnish evidence that such minor does comply with the
requirements of this act, and any person, company or corpor-
ation failing or neglecting to exact such school attendance
from such minors shall be liable as provided for in section 2
of this act ; provided, such person, company or corporation
shall not have made provision for the private instruction of
such minors.
Sec. 4. That every parent, guardian, or other person havebeendis-
having charge or control of any child under the age Oi six- employment
1-1 ir !• • 1 ^y reason of
teen who has been discharged from any business in order to this act.
be aflForded an opportunity to receive instruction or schooling,
shall send such child to some public! or private school until
such child shall have required such instruction as section 8
of this act requires, and in case of failure on the part of said
parent, guardian or other person to comply with the provis-
ions of this section and of section 1 of this act, unless such
child shall have been excused from such attendance by the
superintendent of public schools or the clerk of the board of
education in villages and townships for reasons stated in sec-
tion 1 of this act, such parent, guardian or other person shall
be deemed guilty of a misdemeanor, and shall, on conviction,
be liable to a fine of not less than five dollars or not more than
twenty dollars for the first oflFense, and not less than twenty for
days, and in the other districts not less than eighty days in the year. Any
other interpretation of this act might readily work to defeat the whole pur-
pose of the law, for pupils might be on the roll twenty or sixteen weeks
and not be in attendance more than half the time, as " enrollment " is fre-
quently defined. From the spirit that breathes through this whole compul-
sory act, it is evident that a proper construction of its language should
always, in doubtful cases, be in favor of the education of that class of youth
for whose benefit the law was specially made.
* (6). It will be seen that no mention is made in this act of the teach-
ing of United States history ,and physiology and hygiene. The law is
mandatory, of course, as to the branches mentioned in it, but as the pupils
to be affected by the act, must necessarily be classified with pupils studying
the additional branches just named, it would be an unreasonable interpre-
tation of the law to hold that instruction in these branches is prohibited
by it to any of the pupils thus classified together. Of the value of such in
struction no intelligent person can entertain a doubt.
7
98 OHIO SCHOOL LAWS.
Ch.', 9. Schools, and Attendance Enforced.
each subsequent oflFense, or to imprisonment for not less than
one month nor more than three. The said fines, when paid,
to be added to the public school funds of such school district
in which the offense occurs.
Habitual Sec. 5. That all children between the ages of seven and
fourteen years who are habitual truants from school, or while
in attendance at any public or private school are incorrigible,
vicious or immoral in conduct; and all children between said
ages,_and all minors between the ages of fourteen and sixteen
who cannot read and write the English language, who absent
themselves! habitually from school, and habitually wander
about the streets and public places during school hours, having
no;business or lawful occupation, shall be deemed juvenile
disorderly persons and subject to the provisions of this act.
Sec. 6, That in cities of the first and second class the
tobeempioyed board of education of said cities shall be required to employ
ill fiftrtftin
cities. one truant officer to assist in the enforcement of this act;
said truant officer to be vested with police powers, and shall
be authorized to enter factories, workshops, stores, and all
other places where children may be employed, and perform
such other services as the superintendent of schools or the
board of education may deem necessary to the preservation
of the morals and good conduct of school children and for the
enforcement of this act, and in villages and townships the
board of education shall be required to appoint some constable
or other person as truant officer, with same power as said
officer has in said cities, and the compensation of such officer
shall be fixed by the board of education.
Truant officers ^^^' '^ ■ That the truaut officer shall make daily reports
report^^ ^^^^^ to the superintendent of public schools during the school
term in cities, and to the clerk of the board of education as
* Sec. 3. (a). It will be best that the board of education shall deter-
mine before the opening of the schools, whether these half-day pupils shall
come to school in the forenoon or the afternoon. If some should come in
the forenoon and some in the afternoon, serious interference with the classi-
fication and progress of the other pupils of the school might arise, and the
advantage be less to the half-day pupils themselves.
*{h). "Write legibly simple sentences in the English language," evi.
dently means, not the copying of such sentences, but the writing of them at
dictation.
* (c). See note under section 11.
SCHOOL OFFICERS GUIDE. 99
Schools, and Attendance Enforced. Ch. 9.
often as the clerk shall require it to be done in villages
and townships, and he shall also keep a record of his trans-
actions, subject to the inspection of the members and officers
of the board of education, and it shall be the duty of the clerk
of the board oi education to provide suitable blanks for said
truant officer.
Sec. 8. That it shall be the duty of all truant officers to duties of
truant omcers
examine into all cases of truancy when any such come before
their notice, or when requested to do so by the superintendent
of public schools, or by the board of education, and to warn
such truants, their parents or guardians, in writing, of the
final consequences of truancy if persisted in, and also to notify
the parent, guardian or other person having the charge and
control of any juvenile disorderly person, that the said person
is not attending any school, and to require said pa.'-ent, guar-
dian or other person to cause the said child to attend some
recognized school within five days from said notice; and it
shall be the duty of said parent, guardian or other person
having the legal charge and control of said child, to cause
* Sec. 5 (a). Many different meanings are likely to be attached to
the phrase "habitual truants," and to dravr an exact line of definition it not
easy, indeed scarcely possible. If a pupil should be truant once each week
but one-half day, he should undoubtedly be considered an habitual truant
And should he be a truant at longer intervals than a week, but for a greater
jength of time, as two or three days in every two weeks, it would be still
proper to class him as an habitual truant. But should he be truant but
once a month, unless his absence were a considerably prolonged one, it
might be a question whether he ought properly to be placed in the class of
habitual truants.
It will be wise for each board of education to adopt a rule for itself on
this point. Such a rule would be in the nature of information to the public,
and do much to remove uncertainty as to the meaning of the law. Any
reasonable rule would almost certainly be sustained by the courts.
* (6). As to the disposition to be made of "juvenile disorderly persons,"
see section 8.
* Sec. 6. It will be seen from the language used, that the appoint-
ment of a truant officer is mandatory, not merely permissive, and if any
board of education neglects to employ such an officer, such board may be
proceeded against by mandamus to compel it to peform this duty.
* Sec. 8. The rep3aling clause of this act does not include section 4027,
R. S. As the penalties prescribed in that section for non-com liance with
the provisions of this chapter differ from those prescribed in this section
courts will, of course, take for their guidance the law last enacted.
lOO OHIO SCHOOL LAWS.
Ch. 9. Schools, and Attendance Enforced
the attendance of 8aid child at some recognized school ; if said
parent, guardian or other person having the legal charge and
control of said child, shall willfully neglect, fail or refuse to
cause said child to attend some recognized school, it shall be
the duty of said officer to make, or cause to be made a com-
plaint against said parent, guardian or other person having
the legal charge or control of such child, in any court of
competent jurisdiction in the city, village or township in
which the offense occurred, for such relusal, failure or neglect,
and upon conviction thereof, said parent, guardian, or other
person, as the case may be, shall be punished by a fine of not
less than five dollars nor more than twenty dollars, or the
court may, in its discretion, require persons so convicted to
give bonds in the penal sum of one hundred dollars, with one
or more sureties to be approved by said court, conditioned
that said persons so convicted shall cause the child or children
under his or her legal charge or control to attend some recog-
nized school within five days thereafter, and to remain at
said school during the term prescribed by law; provided
that if said parent, guardian or other person in charge of such
child shall prove inability to cause said child to attend said rec-
ognized school, then said parent, guardian or other person shall
be discharged, and said court, upon complaint of said truant
officer or other person, that said child is a juvenile disorderly
person, as described in section 5 of this act, proceed to hear
such complaint, and if said court shall determine that said
child is a juvenile disorderly person within the meaning of
this act, such child shall be deemed guilty of a misdemeanor^
and said court shall thereupon sentence said child to some
juvenile reformatory, or c:>unt3' children'cj home, until such
child shall arrive at the age of sixteen years, unless sooner
discharged by the board of trustees of said reformatory or
home. Provided, however, that said sentence may be sus-
pended in the discretion of the court, for such time as the
child shall regularly attend school and properly deport him-
self or herself. It is further provided, that if for any cause
the parent, guardian or other person having charge of any
juvenile disorderly person, as defined in this act, shall fail to
cause such juvenile disorderly parson to attend said recognized
school, then complaint against such juvenile disorderly per
SCHOOL OFFICERS GUIDE. lOI
Schools, and Attendence Enforced. Ch. 9.
son may be made, heard and tried, and determined in the
same manner as provided for in case the parent pleads in-
ability to cause the juvenile disorderly person to attend said
recognized school ; and it is further provided, that no child
under the age of nine years shall be sent to any juvenile re-
formatory or children's home under the provisions of this act.
Sec. 9. That it shall be the duty of officers empowered Proceedings
or appointed under this act to assist in the enforcement ?I vloiatedf*'
thereof, to institute, or cause to be instituted, proceedings
against any parent, guardian or other persons having legal
control or charge of any child, or corporation violating any
of the provisions of this act; provided, that this law shall
not be operative in any school district where there are not suffi-
cient accommodations to seat children compelled to attend
c'lDol under the provisions of this act, and that no prosecu-
tion shall be instituted against any parent, guardian or other
person or child in charge of such, unless they have received
due notification from an officer empowered under this act that
they are acting in violation of this act.
Sec. 10. When any truant officer shall discover to his when this act
may be sub-
ful satisfaction any child under the age of fourteen vears, pended for a
whclly or partially dependent upon his or her own labor for a
living, or who shall be the support of others unable to provide
for their own sustenance, or when, in the judgment of the
superintendent of the schools, or the board of education, it
may be necessary for such child to contribute to the support
of the family ot which he or she is a member, it shall be the
duty of said truant officer to report such case to the proper
authorities, whose duty it is to look after and care for the
poor, and to endeavor to obtain such relief as may release
such child from labor for such length of time each year as will
be required for compliance with section 1 of this act ; but such
child shall not be declared a pauper or removed toany infirm-
ar}^ reformatory or children's home, unless he or she shall
willfully neglect to take advantage of the provisions made by
said truant officer for his or her relief and instruction ; and
said truant officer failing to obtain such relief, the superin-
tendent of schools, or the board of education, may make suit-
able arrangements for the private instruction of such child
while so adversely conditioned.
I02
OHIO SCHOOL LAWS.
Ch. 9.
Schools, and Attendance Enforced.
Duty of teach-
ers and prin-
cipals under
this act.
When corpora-
tions violate;
this act.
Penaky.
Relating to
other statutes.
Sec. 11. That it shall be the duty of all principals and
teachers of all school?, public and private, to report to the
clerk of the board of education of the city, village or town-
ship in which schools are situated, the names, ages and resi-
dence of all pupils in attendance at their schools, together
with such other facts as said clerk may require, in order to
facilitate the carrying out of the provisions of this act, and
the said clerk shall furnish blanks for said purpose, and
said reports shall be made in the last week of September,
December, February and April in each year.
Sec. 12. That when any of the provisions of this act
are violated by a corporation, proceedings may be had against
any of its officers or agents of said corporation, who in any
way participate in, or are cognizant of such violation by the
corporation of which they are the officers or the agents, and
said officers or the agents shall be subject to the same penal-
ties as individuals similarly offending.
Sec, 13, Any person or officer mentioned in this act, and
designated as having certain duties to perform in the enforce-
ment of any of its provisions, iieglecting to perform any such
duties, shall be liable to a fine of not less than twenty-five
dollars nor more than fifty dollars for each and every oflFense.
Sec. 14. Any provision of statutes in force when this
act takes efi'ect which conflicts with any provisions of this
act, shall to the extent it is inconsistent with the latter, and
not otherwise, be held to be superseded by this act. The pro-
visions of this act shall apply to children entitled under ex-
* Sec. 10. The spirit of this law is a liberal one, and the evident pur-
pose of the act is that no child in Ohio, however poor and humble, shall
fail to receive the rudiments of a school education. Where night-schools
are established, they can be made available for the instruction of the class
of children described in this section. The import of the last part of the
section seems to be that the superintendent of schools or the board of edu-
cation may, after all other means have been exhausted, pay the expense of
the private tuition of these poor children out of the public school fund.
* Sec. 11. There can be no doubt that it is intended to include pa-
rochial schools under the designation " private schools."
* Sec. 13 (a). Not only will superintendents of schools, clerks of
boards of education, truant officers, principals of schools, and teachers, be
liable to a fine for a non-performance of the duties prescribed by this act,
but also members of boards of education.
* (6). See note under section 8.
SCHOOL OFFICERS GUIDE. IO3
Schools, and Attendance Enforced. Oh. 9.
isting statutes to attend schooh at the institution for the edu-
cation of the blind, and the deaf and dumb. Other provisions
of statutes in force, relating to school afiairs, shall not be af-
fected by this act. Sections 4023, 4024 and 4028 of the Re-
vised Statutes are hereby repealed.
Sec. 15. This act shall take efifect January 1, 1890. [86
V. 333.
* Sec. 15. When the title-page to this edition of the school laws was
written, the fact was overlooked that this ac^ did not go into effect on its
passage. All the other laws in this volume, however, were in force, as
stated in this title-page, on the 15th of April, 1889, the day the Sixty-eighth
General Assembly adjourned.
* Generai, Note. This compulsory law is one of the most important
educational measures of the last twenty-five years. Its success will depend
greatly upon the interest taken in it by school superintendents and boards
of education. If they enter upon its enforcement, with the same spirit tha
is to be found in the law itself, a class of children from which, to a large
extent, has been recruited the great army of criminals in our state, will, in-
stead, be trained into good citizenship, and thus become an element of
strength instead of weakness.
104
OHIO SHOOL LAWS.
Ch. 10.
Enumeration, Treasurer and Clerk.
CHAPTER 10.
ENUMEEATION, TKEASURER AND CLERK.
Section
4030. Yearly enumeration of youth to
be taken.
4031. Qualification and pay of those
taking the same.
4032. Clerk, except in township dis-
tricts, to employ person to take
it.
4033. Clerk of board of directors to take
it in sub-districts.
4034. Enumeration in joint sub-dis-
tricts.
4035. Clerk to transmit abstract to coun-
ty auditor.
4036. When the clerk fails, auditor to
act.
4037. When county line divides original
surveyed township.
4038. When enumeration not taken,
district not entitled to school
funds.
4039. Auditor to furnish abstract to
state commissioner.
4040. Duty of state commissioner when
enumeration excessive, etc.
4041. Penalty for making fraudulent re-
turns.
4042. Who to be treasurer of school
funds.
Section
4043. Bond of treasurer, and duties of
board in reference thereto.
Annual settlement by treasurer
with county auditor.
Penalty for failure to make such
settlement.
Treasurer to report balances to
board.
When treasurer may receive or pay
money.
Maximum amount of funds which
treasurer may hold.
Treasurer to deliver money, etc.,
to successor.
Bond of clerk.
When orders of clerk for teacher's
pay illegal.
Quties of clerk as to statistics, etc.
Publication of receipts and dis-
bursements by clerk.
4054. Clerk to deliver books, etc., to suc-
cessor.
How treasurer and clerk to keep
account.
Compensation of treasurer and
clerk.
4044.
4045.
4046.
4047.
4048.
4049.
4050.
4051.
4052.
4053.
4055.
4056.
ENUMERATION.
Yearly enu-
meration of
school youth.
Sec 4030. There shall be taken in each district, annu-
ally, during the two weeks ending on the fourth Saturday in
July, an enumeration of all unmarried youth, noting sex,
between six and twenty-one years of age, resident within the
district, and not temporarily there, designating also the num-
ber between sixteen and twenty-one years of age, the number
residing in the Western Reserve, the Virginia military district,
the United States military district, and in any original sur-
veyed township or fractional township to which belongs sec-
tion sixteen, or other land in lieu thereof, or any other lands
for the use of public schools, or any interest in the proceeds
of such lands. [71 v. 15, § 77; 85 v. 192.]
Who should be
enumerated.
Sec. 4030 (a). The annual enumeration should include all unmarried
youth between the ages of six and twenty-one years, who at the time of
taking such enumeration, actually dwell or have their home in the district,
whether such youth constitute a part of the family of their parents or
guardians, or are, in 'good faith and for a continuance of time, hired to
labor or service in a family actually residing in such district.
SCHOOL officers' GUIDE. I05
Enumeration, Treasurer and Clerk. Ch. 10.
Sec. 4031. Each person required or employed under this Jfon ofymfth'
chapter to take such enumeration shall take an oath or affirm- t^^^^^^-
ation to take the same accurately and truly to the best of his
skill and ability. When making return thereof to the proper
officers, he shall accompany the same with a list of the names
of all the youth so enumerated, noting the age of each, and
with his affidavit duly certified that he has taken and returned
the enumeration accurately and truly to the best of his knowl-
edge and belief, and that such list contains the names of all
the youth so enumerated and none others. The officer to
whom such return is required to be made, may administer
such oath or affirmation and take an^. certify such affidavit,
and shall keep in his office for the period of five years such
report and list of names, and each person so taking and re-
turning the enumeration shall be allowed by the proper board
. Compensation
of education reasonable compensation tor his services, which for same.
in sub-districts'^shall not exceed two dollars for each person
authorized, required or appointed to perform the service. [71
V. 15, § 77 ; 80 v. 192.J
Sec. 4032. The clerk of the board of education of each cierk, except
district, other than township districts, shall employ a suffi- district's! to*
cient number of competent persons to take and return to him s^s t^o take it.
the enumeration of his district, in the manner prescribed in
this chapter. [70 v. 195, § 78.]
Sac. 4033. The director, who is clerk in each sub-district,
How same
shall take, or cause to be taken, annually, according to the s^aii be taken
' *' ' "^ in townshiip
p- visions of this chapter, an enumeration of youth resident ^^^^^^'^"^^^"
within his sub-district, and return a certified copy thereof to
the clerk of the township board of education; if any such di-
rector fail to perform such duty, and make said return on or
before the fourth Saturday in July, the clerk of the township
board shall employ a competent person to take and return the
(6). If, however, a youth is staying temporarily in a district as a
boarder or visitor, or is a member of a family temporarily in the district and
■whose actual residence is in another district, such youth cannot be legally
enumerated. But the temporary residence of a family in a district, if such
family have at the time no other residence, does not exclude the children
actually living in and belonging to such family from the enumeration.
(c). A youth can be legally enumerated in but one district, and that
is the district in which he actually resides.
* (d). See note (b), section 4013.
tricts.
io6
OHIO SCHOOL LAWS.
Ch. 10.
Enumeration, Treasurer and Clerk.
Enumeration
in joint sub-
districts.
Clerks to
transmit ab-
stract of
enumeration
to county
auditor.
When the
clerk fails'
auditor to act.
enumeration, give him an order on the treasurer of the board
for his compensation, payable from the contingent fund, and
proceed to recover the amount so paid, in a civil action, before
any court having jurisdiction of the matter, in the name of
the state, against such director; and the money so collected
shall be paid to the treasurer of the board, and credited to the
contingent fund; but in a township district which is not di-
vided into sub-districts, the president of the board shall take
and return the enumeration, or cause the same to be done. [7C
V. 195, § 33; 85 V. 193.]
Sec. 4034. The enumeration of a joint sub-district shall
be taken by the clerk of the board of directors, who shall
transmit a certified copy thereof to the clerk of the board of
education of the district in which the school-house of the sub-
district is situate, and designate therein the number of youth
residing in the respective fractions of townships of which
the sub-district is composed ; and if such sub district is com-
posed of parts of two or more counties, the clerk to whom the
return is made shall transmit a certified copy thereof to the
auditor of each county having territory within the sub-dis-
trict. [70 V. 195, § 34 ; 71 v. 15, § 77 ; 72 v. 63, § 36.]
Sec. 4035. The clerk of each board shall, annually, on
or before the first Saturday in August, make and transmit to
the county auditor, an abstract of the enumeration by this
chapter required to be returned to him, according to the form
prescribed by the commissioner of common schools, with an
oath or aflBrmation indorsed thereon that it is a correct ab-
stract of the returns made to him under oath or afl&rmation ;
and the oath or affirmation of the clerk may be administered
and certified by any member of the board of education, or by
the county auditor. [70 v. 195, § 79 ; 85 v. 193.]
Sec. 4036. If the clerk of any district fail to transmit
such abstract of enumeration on or before the first Saturday
in August, the auditor shall at once demand the same from
such clerk ; and in case the enumeration has not been taken
as required by this chapter, or the abstract required be not
furnished without delay, the auditor shall employ competent
persons to take such enumeration, who shall be subject to the
legal requirements already specified, except that the return
shall be made directly to the auditor, who may administer to
SCHOOL OFFICERS GUIDE. ID/
Enumeration, Treasurer and Clerk. Ch. 10.
each person employed the oath or affirmation required; and
the auditor shall allow the persons employed by him a reason-
able compensation, to be paid out of the general county
fund, and shall proceed to recover the amounts so paid in civil
action before any court having competent jurisdiction, in the
name of the state, against such clerk on his bond, and the
amount so collected shall be paid into the general county
fund. [70 V. 195, § 80 ; 85 v. 193.]
Sec. 4037. If parts of an original surveyed township or „.^ .
■^ c ./ X- When county
fractional township are situate in two counties, the auditor Hne divides:
^ ' original sur-
of the county in which the smallest part is situate shall, so J^fp*^'**^^"
soon as the abstracts of enumeration are received by him from
the clerks of the boards of education, certify to the auditor of
the county in which the largest part is situate the enumera-
tion of youth resiUi.. in the part of the township situate in
his county ; if parts of such township or fractional township
are situate in more than two counties, like certificates of
enumeration s-hall be transmitted to the auditor of the county
containing the greatest relative portion of such township, by
the auditors of the other counties containing portions thereof;
when it is uncertain which county contains the greatest rela-
tive portion of such township, such certificates shall be trans-
mitted to the auditor of the oldest county, by the other audi-
tor or auditors ; and if the land granted by congress to such
township or fractional township for the support of public
schools has been sold, the auditor to whom such certificates
are transmitted sliall notify the auditor of state, without
delay, that such enumeration has been certified to him. [70
v. 195, §§121, 100.]
Sec. 4038. If an enumeration of the youth of a district when'enumer-
be not taken and returned in any year, such district shall not fakenrtotricv
be entitled to receive any portion of the school funds distrib- "o^schooi^
utable in that year on the basis of enumeration ; and if such
loss to a district occur through the failure of the clerk of the
board of education of the district to perform the duty re-
quired of him by either section forty hundred and thirty-two, or
forty hundred and thirty-five, he shall be liable to the district '
for the loss, which may be recovered in an action in the name
of the state; and the money so recovered shall be paid into
the county treasury, and apportioned in the same manner as
io8
OHIO SCHOOL LAWS.
Ch. 10.
Enumeration, Treasurer and Clerk.
Auditor to
furnish'ab-
«tract to state
■commis-
flioner.
Duty'of state
commissioner
when enumer
Ation excess-
ive, etc.
Penalty.for
making; fraud
ulent returns.
the school funds so lost would have been apportioned. [70 v.
195, §§ 120, 124.]
Sec. 4039. The auditor of each county shall make, and
transmit to the state commissioner of common schools, on or
before the third Saturday in August, in each year, on blanks
to be furnished by the commissioner, an abstract of the enu-
meration returns made to him, duly certified. [70 v. 195, §
81 ; 85 V. 193.]
Sec. 4040. When the state commissioner of common
schools, on examination of the enumeration returns of any
district, is of opinion that the enumeration is excessive in
number, or in any other way incorrect, he may require the
same to be retaken and returned, and if he think it necessary
he may for this purpose appoint persons to perform the ser-
vice, who shall take the same oath, perform the same duties,
and receive the same compensation, out of the same funds,
as the ptrson or persons who took the enumeration in the
first instance, and the school fund distributable in proportion
to enumeration shall be distributed upon the corrected re-
turns. [70 V. 195,^75.]
Sec. 4041. An officer through whose hands the enumera-
tion required by this chapter to be returned passes, who, by
percentage or otherwise, adds to or takes from the number
actually enumerated, shall be deemed guilty of a misdemeanor,
and, upon conviction^of such ofifense, shall be fined in an}''
sum not less than five nor more than one thousand dollars, or
imprisoned in the county jail not less than ten nor more than
thirty days, at the discretion of the court. [75 v. 195, § 75.]
Treasurer of
«chool funds.
TREASURER AND CLERK.
Sec. 4042. In each city district the treasurer of the city
funds shall be ex-oflicio treasurer of the school funds ; but if
the county treasurer is treasurer of the city funds, the board
of education may appoint one of its members treasurer, who
shall not receive any compensation for his services; in each
township district the treasurer of the township funds shall
be ex-oflacio treasurer of the school funds ; and in each village
and special district the board of education shall choose its own
treasurer, whose term of oflBcs shall be for one year, beginning
on the first day of September. [70 v. 241, § 44 ; 85 v. 193.]
SCHOOL OFFICERS GUIDE.
109
Enumeration, Treasurer and Clerk.
Ch. 10.
Sec. 4043. Each school district treasurer, or county treas- gf^g ^j^^o^®^ ^^^
urer who is ex-officio treasurer of a schoo®district, shall, be- ^J be^countedf
fore entering upon the duties of his oflj^, execute a bond, ^"*^ examined,
with sufficient surety, in double the probabJfe amount of school
funds that may come into his hands, payable to the state of
Ohio, to be approved by the board of education, conditioned
for the faithful disbursement, according to law, of all such
funds which come into his hands; such bond, when so exe-
cuted and approved, shall be filed with the clerk of the board
of education of the district, who shall cause a certified copy
thereof to be filed with the county auditor without delay;
and such board, at the time of the approval of such bond,
shall require the treasurer of the school funds to produce all
money, bonds or other securities in his hands as such treas-
urer, the same shall be then counted by the board, or a com-
mittee thereof, in the presence of the clerk of the board, who
shall thereupon enter upon the records of the board a certifi-
cate, setting forth the exact amount of money or securities so
found in the hands of such treasurer, which record shall be
ReleaseTof
surety.
Section 4043 (a). And this whether the treasurer is elected by the
board or is serving ex-officio. He must give bond as the treasurer of the
school funds, though he may have already filed a bond as township, city,
or county treasurer.
In no case should the clerk neglect to send to the county auditor his _
TrG&surGr s
certified copy of the treasurer's bond, as the auditor is forbidden to give a bond.
treasurer an order on the county treasurer for a sum which at any time will
make the amount in such treasurer's hands over one-half of the penalty of
his bonds. See section 1047, E. S.
(6). Sec. 5841. A surety of the treasurer of school funds, in any
school district organized under the provisions of law, may at any time
notify the board of education of the proper district, by giving at least five
days' notice, in writing, that he is unwilling to continue as surety for such
treasurer, and will, at a time therein named, make application to the board
of education to be released from further liability upon his bond ; and he
shall also give at least three days' notice, in writing, to such treasurer, of
the time and place at which the application will be made. [70 v. 195, §481.
(c). Sec. 5842. The board of education, upon such notice being given,
shall hear the application, and if, in their opinion, there is good reason
therefor, shall require the treasurer to give a new bond, conditioned accord-
ing to law, and to the satisfaction of the board, within such time as they may
direct ; and if the treasurer fail to execute such bond, the office shall be
deemed to be vacant, and shall be immediately filled as other vacancies
therein ; but such original sureties shall not be released or discharged until
the filing of the new bond, or the expiration of the time allowed therefor ;
New bond.
no
OHIO SCHOOL LAWS.
Ch. 10.
Enumeration, Treasurer and Clerk.
signed by the president and clerk of the board, and shall be
prima facie evidence that the amount therein stated was actu-
ally in the treasury at that date. [70 v. 195, §§ 46, 82 ; 76 v.
16, § l.J
Annual set- Sec. 4044. The treasurer shall, annually, within the first
tlement bv . _ , . ,
treasurer with three days of September, settle with the county auditor for
county audi- ^ x j
or. the preceding school year, and for that purpose shall present
a certified statement showing the amount of money received,
from whom, and on what account, and the amount paid out,
and for what purposes; he shall produce vouchers for all pay-
ments made ; and if the auditor, on examination, find the
statement and vouchers to be correct, he shall give the treas-
urer a certificate of that fact, which shall, prima facie, be a
discharge of the treasurer for the money paid ; and for making
such settlement he shall be entitled to receive the sum of one
dollar, and also five cents per mile for traveling to and from
Default by
treasurer.
Loan'of^ublic
money.
Inspection of
treasurer's
books.
New bond in
case of re-elec-
tion.
City districts.
Time elapsed
ing.
and the cost of such application shall be paid by the person making the
same. [70 v. 195, § 8].
(d). In an action against a surety on a township treasurer's school bond,
conditioned for the faitliful disbursement of school moneys, a judgment
for defendant will not be reversed, when the pleadings and evidence show a
default by the treasurer only as to " township funds" in general items
without specifying that any part thereof was school money. The State v.
Corey, 16 O. S. 17.
(e). Township trustees have no authority to release a treasurer from
his liability for any portion of the school fund belonging to the town.ship.
State V. Williams, 13 O. 495.
(/). Bonds must be accepted within reasonable time. 31 O. S. 451.
[g). Section 6841 provides heavy penalties for any officer who loans
or deposits money belonging to the public.
But section 21 provides that the illegality of the act of loaning such
money shall be no hindrance to bringing suit for it.
{h). Treasurer's books and accounts are always subject to inspection
by the trustees, who shall — see section 1511 — at least once each year, make a
thorough examination of the same.
( t). A treasurer who is his own successor must give a new bond for
the term to which he is re-elected. His former bondsmen will not be liable
for defaults committed within the term for which he is re-elected. Their
liability ceased with the expiration of his former term of office. See 7 O.,
2d pt., 221, or 4 Western Law Monthly. In case the treasurer of a city
district fails to give bond, his office may be declared vacant by the city
council. See section 1740, R. S. Should a treasurer present his bond after
the time prescribed for tendering it, and should such bond be accepted,
would undoubtedly be held good. See 25 O. S. 567.
SCHOOL OFFICERS GUIDE. Ill
Enumeration, Treasurer and Clerk. Ch, 10.
the county seat, to be paid out of the county treasury, on the
order of the county auditor. When the treasurer's term
begins on the first day of September the annual settlement
shall be made by the outgoing treasurer. [71 v. 9, § 47; 85 v.
194.]
Sec. 4045. If the treasurer of any school district will-
Penalty for
fully or negligently fail to make such annual settlement failure to
within the time prescribed in the preceding section, he shall tiement.
be liable to pay a fine of fifty dollars, to be recovered in a
civil action in the name of the state ; which amount, when
collected, shall be paid into the county treasury, and shall be
applied to the use of common schools in his district; and the
county auditor shall proceed forthwith, in case of such failure,
to recover the penalty, by suit against such treasurer, before
any justice of the peace of the county. [71 v. 9, § 47.]
£ec. 4046. The treasurer shall report to the board of Treasurer to
report bal-
education, within ten days after his settlement with the anccs to board.
county auditor, the amount of money in his hands for school
purposes, and the amount belonging to each fund. [70 v. 195,
§47.]
Sec. 4047. No treasurer of a school district, except in when treas-
cases otherwise provided for in this title, shall pay out any cJfvVor pay
school money except on an order signed by the president and ^^^^^'
countersigned by the clerk of the board of education ; and no
money shall be paid to the treasurer of a district, other than
that received from the county treasurer, except upon the order
of the clerk of the board, who shall report the amount of such
miscellaneous receipts to the county auditor each year, im-
Sec. 4044 (a). If it is evident to the county auditor that the school Auditor's
moneys have been illegally paid out, as they would be if paid to any mem- duty.
ber of a board of education on any contract with such board, or as an
employe thereof, it is his duty to refuse the treasurer credit for the same.
If moneys have been paid from the wrong fund, as from the the school
fund, when the law says it must be township fund, the auditor must
not allow credit to such orders. He should insist on their correction by the
board, or correct them himself by proper debit and credit.
(6). No voucher should be received by the auditor which he has rea-
son to believe a court of law would reject. No paper is a voucher for the
payment of money to A, which has not A's receipt on it, or accompanying
it. An order properly made out, but merely marked " paid " by the treas-
urer, is not a receipt. See section 4047.
112
OHIO SCHOOL LAWS.
Ch. 10.
Enumeration, Treasurer and Clerk.
Maximum
amount of
funds which
treasurer mav
hold.
Treasurer to
deliver
money, etc.,
to successor.
mediately preceding such treasurer's settleraent with the au-
ditor. [71 V. 15, § 83.]
Sec. 4048. The auditor shall in no case permit the
treasurer of a school district to have in his han Is, at any time,
an amount of school funds over one-half the amount of the
penalty in the bond of the treasurer; and before giving such
treasurer any order for school funds, he shall require the
treasurer to file with him a statement, to be furnished by the
clerk of the board of education whenever necessary for the
purpose, showing the amount of funds in the treasurer's
hands according to the clerk's books. [70 v. 195, § 84.]
Sec. 4049. At the expiration of his term of service each
treasurer shall deliver to his successor in office all books,
papers, money, and other property in his hands belonging to
the district, and take duplicate receipts of his successor there-
for, one of which he shall deposit with the clerk of the board
of education within three days thereafter. [71 v. 9, § 47; 85
v. 194.]
Exception.
Treasurer's
discretion.
Embezzlement
by municipal
and school
officers.
Selling public
Sroperty to
efraud.
Sec. 4047 (a). The case "otherwise provided for " is the payment of
teachers in the sub-districts on the order of the directors. Section 4018.
(6). The treasurer should not pay an order for what he believes to be
an illegal object, until he can consult with other members of the board,
and have the question fully investigated. A man of discretion is supposed
to be chosen to this, as to other offices, that the chances for discovering
errors and frauds may be multipled.
(c). Sec. 6846. A member of the council or board of aldermen of
any municipal corporation, or an officer, agent, clerk, or servant of such
corporation, or any board or department thereof, or an officer, agent, clerk,
or servant oi any board of education, who, knowingly, diverts, appropriates^
or applies any funds, or a part of any fund, raised under any law, by taxa-
tion or otherwise, to any other use or purpose than that for which it was
raised or appropriated, or who, knowingly, diverts, appropriates, or applies,
any money borrowed, or any bond of the corporation, or any part of the
proceeds of such bond, to any other use or purpose than that for which such
loan was made, or bond issued, shall be deemed guilty of embezzling the
amount so diverted, appropriated, or applied, and punished accordingly,
[66 V. 263, § 671 ; 73v. 116, ?!]•
(d). Sec. 6847. Whoever, being intrusted with the care, custody, or
control, of any property of the state, or of any county, township, or
municipal corporation, sells or disposes of the same, for his own use, with
intent to defraud, is guilty of embezzlement, and shall be punished ac-
cordingly. [69 V. 193, § 2].
Sec. 4048 (a). The county auditor is, by section 1047, R S., required
SCHOOL OFFICERS GUIDE.
113
Enumeration, Treasurer and Clerk.
Ch. 10.
[Sec. 6975a. It shall be unlawful for any person to offer
or give, directly or indirectly, any reward or consideration, or
make any present or reduction in price to any person em-
ployed in any of the public schools of this state, cr to any
officer having any authority or control over the same for
favoring, recommending or advocating the introduction,
adoption or use, in the school in which such person is em-
ployed, or over which such officer has any authority or con-
trol, of any text-book, map, chart, globe or other school sup-
plies, or to induce him so to do; and it shall be unlawful for
any such employe or officer, to accept, or to offer or agree to
receive or accept any reward, consideration, present, gift or
reduction in price for so doing; and it shall also be unlawful
for any local director or member of a board of education to
vote for, or participate in the making of any contract with
any person as a teacher or instructor in any of the public
schools of this state to whom he is related as father or brother,
or to act in any matter in which he is pecuniarily interested,
or to receive, or to offer to accept or receive any reward or gain
for any official act. Any person violating any of the forego-
ing provisions shall, upon conviction, be fined not less than
twenty-five dollars, and not more than five hundred dollars,
or be imprisoned not more than six months, or both.] [85 v.
207.]
to open an account with each school district in the county. For condition Auditor's ac-
, . , . . , , , , ,. . count with
on which warrant is given the treasurer of any school district, see same districts.
section.
(b). By reference to section 1122, E. S., it will be seen that when
desired, 'the school funds may be permitted to remain in the county treasury
in which case they may be drawn out by the school treasurer in sums not
less than one hundred dollars. See also section 1123, R. S.
Sec. 4049 (a). Sec. 6975 R. S. provides that " a member of a board of
education, organized under any law of this state, who accepts or receives
any compensation for his services as suoh member, except as clerk or
treasurer of such board, shall be deemed guilty of embezzlement of the
amount so received, and punished accordingly." [70 v. 214, § 67].
(6). Sec. 7299. Any failure or refusal to pay over, or to produce the
public money, or any part thereof, by an officer or other person charged
with the collection, receipt, transfer, disbursement, or safe keeping of the
public money, or any part thereof, whether belonging to the state, or to any
county, township, municipal corporation, or board of education in this
8
Money left in
county trea«-
ury.
114
OHIO SCHOOL LAWS.
Ch. 10.
Enumeration, Treasurer and Clerk.
Bond of clerk.
When orders
to clerk for
teacher's pay
illegal.
Sec. 4050. The clerk of each board of education shall
execute a bond, in an amount and with surety to be approved
by the board, payable to the state of Ohio, conditioned that
he shall perform faithfully all the official duties required of
him ; which bond shall be deposited with the president of
the board, and a copy thereof, certified by the president of
the board, shall be filed with the county auditor. [70 v. 195,
§45.]
Sec. 4051. It shall be unlawful for the clerk of a board
to draw an order on the treasurer for the payment of a teacher
for services until the teacher files with him such reports as
are required by the state commissioner of common schools
and the board of education, a legal certificate of qualification,
or a true copy thereof, covering the entire time of the service,
and a statement of the branches taught; but orders maj- be
state, or any other public money whatever, or to account to, or to make
settlement with, any proper and legal authority, of the official accounts of
such officer or person, shall be held and taken as prima facie evidence of
the embezzlement thereof, and upon the trial of such officer or person for
the embezzlement of public money under section 6841, it shall be sufficient
evidence, for the purpose of showing a balance against him, to produce a
transcript from the books of the auditor of state, or the auditor of the
county, or the records of the commissioners of the county ; and the refusal
of any such officer or person, whether in or out of office, to pay any draft,
order, or warrant drawn upon him, by the proper officer, for any public
money in his hands, no matter in what capacity the same was received or
is held by him, or any refusal, by any person or public officer, to pay over
■ to his successor any public money or securities promptly, on the legal re-
quirement of any authorized officer of the state or county, shall be taken
on the trial of an indictment against him for embezzlement as prima facie
evidence of such embezzlement. [55 v. 44, ^ 15].
* Sec. 6975a. This is classified in the R. S. as one of the sections of the
Issuing orders. Criminal Code, but as the subject-matter pertains entirely to schools, it has
been thought best to insert here.
Section 4051 (a). If an order is drawn for the illegal payment of a
teacher, the remedy of the board is a writ of injunction.
(b). Each of these three documents must be carefully filed by the clerk
and handed over to his successor in office.
(c). Persons who are to teach subjects not on the list of studies
enumerated in the statute, must have a certificate covering all such branches.
Not only the teacher, but each member of the board of education is
severally liable for the repayment of money paid under their vote and
order, to a teacher who does not hold a certificate covering each and every
branch taught. The same rule applies to all payments made to teachers
What teach-
ers' certifi-
cate must
cover.
When mem-
bers of board
liable for pay
ment of
teacher.
SCHOOL OFFICERS GUIDE. , I 1 5
Enumeration, Treasurer and Clerk. Ch. 10.
drawn for the payment of special teachers of drawing, paint-
ing, penmanship, music, gymnastics, or a foreign language,
on presentation of a certificate to the clerk, signed by a
majority of the examiners, and the filing with him of a true
copy thereof, covering the time for which the special teacher
has been employed, and the specialty taught. [70 v. 195, §§
63, 91.]
Sec. 4052. The clerk of each board shall prepare the an- Annual sta
tistical report
nual report of the receipts and expenditures of school money, of ^a^d of
^ i- r- J 1 education : hy
and the statistical statement in reference to the schools, re- whom pre-
' pared.
quired of the board by section forty hundred and fifty-seven,
and transmit the same to the county auditor on or before the
first day of September; provided, that in each school district
having a superintendent of schools, except city districts of
the first class, the annual report, except the receipts and ex-
penditures of money, shall be made by the superintendent.
[70 v. 195, § 82 ; 85 v. 194.]
Sec. 4053. The board of education of each district, ex-
' Publication
ceptcity districts of the first class, shall require the clerk of of receipts
■^ •' 7 1 aji,j disbu*se-
the board annually, ten days prior to the election for mem- ^l^^''*^'
bers of the board and directors of sub-districts, to prepare,
and post at the place or places of holding such elections, or
before reports required by law, by the State Commissioner of Common
Schools, and by the board of education, have been made.
(d). An assistant teacher who has not a legal certificate can not be Pajment of
paid through an order drawn in favor of another teacher who had a cer- assistant or
tificate, nor can any uncertificated teacher, who is employed as a substitute, substitute,
receive pay through another teacher. Section 4074 provides that "no
person shall be employed as a teacher " who has not a legal certificate. It
is the duty of the township clerk to refuse to draw an order for the pay-
ment of money from the school fund when he has satisfactory evidence that
any portion of such money is to be used for the payment of a teacher not
holding a legal certificate. A legal certificate must cover the entire time of
the teacher's service ; must specify all the branches taught, and can neither
directly nor indirectly be made to legalize another teacher's services.
(e). An order drawn by the clerk of the board of education, under the
statute, in favor of a third person or bearer, on the township treasurer, is Orders not
not negotiable, and a purchaser takes such order subject to the same defenses negotiable,
that could be made against it in the hands of the payee. The State ex rel.
Steinbeck, et al. v. Treasurer of Liberty Township. 22 O. S., 144.
The written acceptance of such order by the predecessor of the town-
ship treasurer, to whom it was presented for payment, imposes no greater ^'^^.^ ^^i?"
obligation on the latter to pay the same, than he would have been under decessor.
had it been presented without such acceptance. lb.
ii6
OHIO SCHOOL LAWS.
Ch. 10.
Enumeration, Treasurer and Clerk.
Clerk to de-
liver books,
etc., to suc-
eessor.
How treafc-
urerand clerk
to keep ac-
counts.
Compensa-
tion of treas-
urer and
clerk.
publish in some newspaper of general circulation in the dis-
trict, an itemized statement of all money received and dis-
bursed by the treasurer of the board within the school year
last preceding. [70 v. 195, § 66.]
Sec. 4054. Each clerk shall, at the expiration of his
term of office, deliver to his successor all books and papers in
his hands relating to the affairs of his district, including cer-
tificates, and copies thereof, and reports of school statistics,
filed by teachers. [70 v. 195 § 84.]
Sec. 4055. The auditor of each county shall fui'nish to
the clerk and treasurer of each school district in his county a
suitable blank book, made according to the form prescribed
by the commissioner of common schools, in which each shall
keep an account of the school funds of his district; the clerk's
account shall show the amounts certified by the county
auditor to be due the district, all sums paid to the treasurer
from other sources on his order, and all orders drawn by him
on the treasurer, and upon what funds and for what purposes
drawn ; the treasurer's account shall show the amounts re-
ceived from the county treasurer, all sums received from
other sources on the order of the clerk, and the amounts paid
out, and from what fund and for what purposes paid ; and a
separate account of each fund shall be kept, and each account
shall be balanced at the close of the school year, and the bal-
ance in the treasurer's hands belonging to each fund shown.
[70 V. 195, § 84.]
Sec. 4056. The board of education may fix the compen-
sation of clerk and treasurer; the allowance made to the treas-
Order illegally
issued.
Acceptance of
orders.
(/). If an order has been illegally issued, the board of education
should recall it, and in case of refusal to return, they should enter a suit in
equity to recover it or have it canceled.
ig). If a school treasurer indorses an acceptance of an order drawn
on him, he is obliged thereby to retain proper funds to meet it. But this
even is not permissible, unless the order itself is unimpeachable. 50 Mo.,
425.
* Sec. 4056. (a). School Commissioner De Wolf and Attorney-General
Nash held the opinion that the compensation provided for the township
clerk under this section is not to be included in the f 150 limit of section
1531, R. S.
* (6). See section 4052, as to duty of clerk to prepare report, and of
superintendent in certain districts.
SCHOOL OFFICERS GUIDE.
117
Enumeration, Treasurer and Clerk.
Ch. 10.
urer shall not exceed one per centum of the money disbursed
by him on orders of the board; but the treasurers of township
districts shall be allowed as compensation one per centum on
all school funds disbursed by them ; and both clerks and
treasuiers should be paid out of the contingent fund, on the
order of the board of education, but treasurers of city districts
shall not be allowed compensation for disbursing the school
funds; but before such order for pay of treasurer shall be made
he shall present to the board the auditor's certificate of dis-
charge provided for in section four thousand and forty-four,
Revised Statutes, and before such order for pay of clerk shall
be made he shall present to the board a statement, ofiicially
signed and certified by the auditor, that he has returned all
the reports of statistics for that year required by this title.
[70 V. 195, § 49; «0 v. 195 ; 85 v. 194.]
CHAPTER 11.
REPORTS.
Section
4057. Anmial report by board of edu
cation.
In what form to be made, etc.
Reports by superintendents and
teachers.
Duties of county auditors as to
school statistics, etc.
4058.
4059.
4060.
Section
4061. Penalties against auditor and
clerk.
4062. When auditor to appoint person
to make reports.
4063. Fu 1 ther penalties against auditor.
4064. Compensation of auditor.
Sec. 4057. The board of education of each district shall Annual report
,.. ij-jir-T^f board ol ed-
make a report to the county auditor, on or before the first day ucation.
Its connection.
of September in each year, containing a statement of the re-
ceipts and expenditures of the board, the number of schools
sustained, the length of time such schools were sustained, the
enrollment of pupils, the average monthly enrollment, and
average daily attendance, the number of teachers employed,
and their salaries, the number of school-houses and school
rooms, and such other items as the commissioner of common
schools may require. [70 v. 195, § 75 ; 85 v. 195.]
Sec. 4058. The report shall be made on blanks which
• • f -^^ what form
shall be furnished by the commissioner of common schools to tobemade.etc.
the auditor of each county, and by the auditor to each school
clerk in his county ; and each board of education, or officer
ii8
OHIO SCHOOL LAWS.
Ch. 11.
Reports.
Rei)ort8 by su-
perintendents
and teachers.
or employe thereof, or other school officer in any district or
county, shall, whenever the commissioner so requires, report
to him direct, upon such blanks as he shall furnish, any state-
ments or items of information that he may deem important
or necessary. [70 v. 195, § 75.]
Sec. 4059. Boards of education shall require all teachers
and superintendents to keep the school records in such man-
ner that they may be enabled to report annually to the county
auditor, as required by the provisions of this title, and may
withhold the pay of such teachers as fail to file with the clerk
the reports required of them ; they may require superintend-
ents to report each year such matters as they deem important
or necessary for information in regard to the management
and conduct of the school?, and to make such suggestions and
recommendations as they may deem advisable relative to
methods of instruction, school management, or other matters
of educational interest; and the board of each city district
of the first class shall prepare and publish, annually a report
of the condition and administration of the schools under its
charge, and include therein a complete exhibit of the finan-
cial affairs of the district. [70 v. 195, § 76.]
What record
should show.
Sec. 4059 (a). Boards of education have power to supply themselves
with all blank books, order books, and stationery necessary for the transac-
tion of theiT official business, and also to supply teachers with registers and
necessary stationery.
(b). Every teacher should keep a daily record of the attendance of
each pupil enrolled in his school, and for this purpose should be supplied
by township or other district board with a suitable school register.
(c). Every teacher should record in permanent form the scholarship of
each pupil, including in the record, as left at the end of each term, the point
in each text-book reached by the pupil. In the rural schools, at least, it is
better that the same register which is used for recording attendance, be
used to record the standing of the pupils also for each term, as a matter of
great convenience to the incoming teacher. These registers should be re-
turned each term to the clerk of the board of education, and it would be
well if all boards would adopt the rule that no order should be issued to a
teacher for his final payment until such deposits had been made. It would
also be well if the teachers in rural districts were required to send to the
clerk, for the information of the board, a statement as to the advanced
classes of the school, the points they have reached in their studies, and
whether these advanced pupils intend to prosecute their studies further, in
order that boards may intelligently provide instruction for such pupils.
SCHOOL OFFICERS GUIDE. II9
Reports. Ch. 11.
Sec. 4060. The auditor of each county shall, on or before ^udTtor Tto*^
the twentieth day of September, annually, prepare and trans- tiS^etc.**^*^^
mit to the commissioner of common schools, an abstract of
all the returns of school statistics made to him from the sev-
eral districts in his county, according to the form prescribed
by the commissioner, and a statement of the condition of the
institute fund, and such other facts relating to schools and
school funds as the commissioner may require ; he shall, also,
cause to be distributed all such circulars, blanks, and other
papers, including school laws and documents, in the several
school districts in the county, as the commissioner may law-
fully require ; and if the auditor neglect to prepare and re-
turn any of the abstracts or reports herein required, the county
commissioners shall withhold from him all compensation for
his services under this title. [70 v. 195, § 123 ; 85 v. 195.]
Sbc. 4061. The auditor shall, also, bd liable on his bond Penalties
' ' against audi-
for any such neglect, in a sum not less than three hundred torand clerk.
nor more than one thousand dollars, on complaint of the
commissioner of common schools; and if the clerk of the
board of education of any district fail to make the annual
returns of school statistics required by this title, to the county
auditor, he shall be liable on his bond, in a sum not less than
fifty nor more than three hundred dollars; on complaint of the
county auditor or of the board of education, to be recovered
in a civil action in the name of the state, and when collected
to be paid into the county treasury, and applied to the use of
common schools in such district. [70 v. 195, § 123 ]
Sec. 4062. Upon the neglect or failure of the clerk of
the board of education of any district to make the reports re- toaopt^nt per'
quired in this title, and by the time specified, the county au- ports,
ditor shall appoint some suitable person, resident of the district,
to make such reports, who shall receive the same compensa-
tion therefor, and in the same manner, as is allowed by law
for like services. [70 v. 195, § 123.]
Sec. 4063. A county auditor who willfully or negligently Further penai-
fails, in any year, to transmit to the commissioner of common dUorf'^"^^'^ *^"
schools the abstract of enumeration required by section forty
hundred and thirty-nine, or to perform any other duty required
of him in this title, shall be liable on his bond to the extent
of twice the sum lost to the school districts of his county in
120
OHIO SCHOOL LAWS.
Ch. IL
Reports.
Compensa-
tion of audi-
tor.
consequence of such failure, which sum shall be recovered in
a civil action against him, on his bond, in the name of the
state, before any court of competent jurisdiction ; and the
money so recovered shall be paid into the county treasury,
for the benefit of such districts, and apportioned in the same
manner as the school funds so lost would have been appor-
tioned. [70 V. 195, §§ 81, 124.]
Sec. 4064. The commissioners of each county shall
allow the county auditor, annually; a reasonable compensation
for his services under this title, not to exceed five dollars for
each city, village, special, and township school district in his
county, to be paid out of the county treasury ; but before such
allowance shall be made for any year the auditor shall pre-
sent to the commissioners a statement, oflBcially certified and
signed by the commissioner of common schools, that he has
transmitted to the commissioner all reports and returns of
statistics for that year required by this title. [70 v. 195, § 125.]
CHAPTER 12.
EXAMINERS.
Section
4065. State board— appointment, term
of office, and vacancy.
Board may grant life certificates ;
record thereof, etc.
Effect thereof ; may be revoked
for cause.
Fee for examination.
County boards — appointment,
term, and vacancies.
President and clerk, and certain
duties of clerk.
Meetijgs of board, and fee for
examination.
Disposition of fees.
Validity and revocation of certifi-
cates.
Certificate a prerequisite to em-
ployment ; special duties.
4075. Compensation and incidental ex-
penses of board.
4066.
4067.
4068.
4069.
4070.
4071.
4072.
4073.
4074.
9KCTION
4076. Annual report of clerk, and his
bond.
Boards of city districts of first
cla^s.
Standard of qualification for
teachers.
4079. Organization of board ; bond of
clerk.
Meeting, and publication of
notice.
Examination fee ; power of board.
Compensation of examiners ; in-
cidental expenses.
Duties of clerk : disposition of
fees.
4084. Boards of city districts of second
class and village districts.
4085. Who ineligible as examiner.
4077.
4078.
4080.
4081.
4082.
4083.
STATE BOARD OF EXAMINERS.
^. . ^ _^ , Skc. 4065. There shall be a state board of examiners,
State board of '
terln*'"'''^' which shall consist of five competent persons, resident[8]of the
state, to be appointed by the state commissioner of common
schools, not more than three of whom shall belong to the
SCHOOL OFFICERS GUIDE. 121
Examiners. Ch. 12.
same political party. The terms of office of such examiners
shall be five years ; the terms of one of the examiners shall
expire on the Slst day of August, each year ; [and when
one of which shall expire on the 31st of August every year] ;
and when a vacancy occurs in the board, whether from ex-
piration of the term of office, refusal to serve, or other cause,
the commissioner shall fill the same by appointment for the
full or unexpired term, as the case demands. [70 v. 195, § 85 ;
85 V. 330].
Sec. 4066. The board thus constituted may issue three „ .
•' May issue life
grades of life certificates to such as are found to possess the ^^j^e^jf^t^^ °^
requisite scholarship, and who exhibit satisfactory evidence grades.
of good moral character and of professional experience and
ability ; the certificates shall be for diflerent grades of schools
according to branches taught, and shall be valid in the schools
specified therein. The clerk of the board shall keep a record clerk's record.
of the proceedings, showing the number, date and grade of
each certificate, to whom granted, and for what branches of
study, and shall report such statistics to the commissioner,
annually, on or before the 31st day of August. [70 v. 195,
§ 87 ; 78 V. 31 ; 85 v. 330].
Sec. 4067. All certificates issued by such board shall be Effect there-
countersigned by the commissioner of common schools; and revoked for
such certificates shall supersede the necessity of any and all
other examinations of the persons holding them, by any
board of examiners, and shall be valid in any school district
in the state, unless revoked by the state board for good cause.
[70 V. 195, § 87J.
Sec. 4068. Each applicant for a certificate shall pay to Feeforexam-
the board of examiners a fee of five dollars ; and the clerk of i'^^tio'*-
the board shall pay to the state treasurer, all fees received,
and file with the state auditor a written statement of the
amount. Each member of the board shall be entitled to re- compensa-
ceive five dollars for each day he is necessarily engaged in penses of ex-
official service, and also six cents per mile each way for
traveling from and to his place of residence, by the most
direct route of public travel to and from the places of meet-
ings of the board, to be paid out of the state treasury on the
order of the state auditor ; all books, blanks and stationery
required by the board shall be furnished by the secretary of
state. [70 v. 195, § 88, 85 v. 330].
aminers.
122
OHIO SCHOOL LAWS.
Ch. 12.
ExamiDers.
Comity
boards; num-
ber, terms,
revocation.
No book
agent or book
seller can be
examiner.
President and
clerk of board
of county
school exam-
iners; duties
of clerk.
Sec. 4069. There shall be a board of examiners for each
county, which shall consist of three competent persons, to be
appointed by the probate judge; such persons shall be resi-
dents of the county for which they are appointed, and shall
not be connected with or interested in any normal school or
school for the special education or training of persons for
teachers; if an examiner becomes connected with or in-
terested in any such school, his office ^hall become vacant
thereby; the term of such office of such examiners shall be
three years ; the term of one of the examiners shall expire
on the Slst day of August each year; but the probate judge may
revoke the appointment of any examiner upon satisfactory
proof that he is inefficient, negligent or guilty of immoral
conduct ; when a vacancy occurs in the board, whether from
expiration of the term of office, refusal to serve, or other
cause, the probate judge shall fill the same by appointment
for the full or unexpired term, as the case demands; and
within ten days after an appointment, the probate judge
shall report to the commissioner of common schools the name
and post-office of the appointee, and whether the appoint-
ment is for a full or unexpired term ; and no person ishall be
appointed to the position or exercise the office of state,
county, city or village examiner of teachers who is the agent
of or is interested in any book-publishing or book-selling
firm, company or business. [85 v. 330.J
Sec. 4070. The board shall organize by choosing from
its members a president and clerk ; the clerk shall keep a
record of the proceedings, showing the number and date of
each certificate issued, and to whom, for what term, and for
what branches of study, and such other statistics relating to
the examination and proceedings as the commissioner of com-
mon schools may require, and shall report such statistics to
the commissioner annually on or before the first day of Se-
tember ; and such boards may make all needful rules and
regulations for the proper discharge of their duties. [70 v.
241, §95; 85 v. 195.]
Who may be
examiner.
Sectiox 4069. Ag the statute requires that an examiner shall be a
resident of the county in which he is appointed, so the Constitution, Art.
XV, section 4, declares that " no person shall be elected or appointed to
any office in this state, unless he possesses the qualifications of an elector."
Sec. 4070. The prosecuting attorney is the legal adyiser of county
boards of examiners. See section 1274, B. S.
SCHOOL OFFICERS GUIDE.
123
Examiners.
Ch. 12.
Each board shall fix upon the place and times ^oa1-d°.Sd Le
Sec. 4071
for holding meetings for the examination of applicants for cer-
tificates, notice of which shall be published in some news-
paper of general circulation in the county; the meetings, of
which there shall not be moie than eighteen in any year, shall
be held at such place in the county as will, in the opinion of
the board, best accommodate the greatest number of appli-
cants; a majority of the board may examine applicants and
grant certificates; and as a condition of examination each ap-
plicant shall pay to the board a fee of fifty cents. [70 v. 195,
§§ 90, 91.]
for examina-
tion.
Sec. 4071 (a). The law provides for several, not more than eighteen,
duly advertised meetings of the board for the examination of teachers.
The notice seems designed for the accommodation of the teachers and ex-
aminers both, and probably to prevent star chamber examinations. The
limited number of meetings provided for is evidently designed to limit the
expense to the stata. Ic is nowhjie ccpr^ssly declared that the board
shall not grant certificates to individuals except at such advertised meetings.
As, however, the law has made of three competent persons a board of exam-
iners, it knows no individual person or persons, as such, who have power to
examine, or to determine the qualifications of teachers. It requires the
official judgment of three men, or a majority of them, on every question
submitted to examiners for decision.
(b). A hoard duly organized, with its president and clerk, constitutes
the authoritative body to which the state has entrusted these serious and
important duties. Certainly, no meeting for the examination of a teacher
would be able, in any emergency, to give a legal certificate, of which meet-
ing all the members have not had due notice, unless this defect is cured by
the actual presence of all three of the members, with common consent to
proceed with the examination.
(c). No teacher can draw pay for teaching a single day without a cer-
tificate which covers all the branches he assays to teach, and the penalty is
severe as to him, and as to the members of any board of education, and any
clerk or treasurer who shall unlawfully pay out the money of the state — see
section 6841. A dilemma may be presented under the law itself, which can
only be met by considering and conforming to the strongest purpose of the
law. This purpose would seem to be that the schools shall be kept up, and
shall only be taught by persons holding certificates. Thus, perhaps, a board
may be justified in holding a special meeting for the examination of a
teacher. It should never be done without the most urgent reasons, such as
a vacancy occasioned by death, or a like pressing emergency. It can hardly
be claimed that such special, unadvertised meeting is such a meeting as is
directly provided for by law, and for which pay can be drawn.
.{d). It seems that examiners have, in some cases, advertised meetings
for the examination of candidates for, say, three years' certificates only. It
is difficult to see the legality or expediency of such proceeding. Have not
all candidates a right to appear at any of the public advertised meetings
Number of
examinations.
Private ex-
aminations.
Notice of
meeting.
Certificate
must cover
all branches
taught.
Special meet-
ing extreme
cases.
Examina-
tions for spec-
ial grade cer-
tificates.
OHIO SCHOOL LAWS.
Ch. 12.
Examiners.
Disposition of
fees.
Certificates
valid, when
and where.
Sec. 4072. The clerk of the board shall pay to the county
treasurer, quarterly, all fees received, and file with the county
auditor a written statement of the amount, and of the num-
ber of applicants, male and female, examined during the
quarter; and such money shall be set apart for the support
of teachers' institutes, and applied as provided in chapter
thirteen. [70 v. 195, § 91 ; 83 v. 40.J
-^ Sec. 4073. The board may grant certificates for one, two
and three years from the day of examination, which shall be
valid in the county wherein they are issued, except in city
and village districts that have boards of examiners, in which
Board must
decide as to
each appli-
cant, i
Assistance of
experts|
Delegation of
ofllcial trust.
Signature,
wrong initials.
provided for by law? If one fails in a trial for a three years' certificate,
may he not be found qualified to receive a two years' certificate without the
trouble and expense of another journey and another fee?
(e). It has been decided by two or more common pleas courts of Ohio,
" that the examination of the candidate, and determination to grant the
certificate being official acts, can only be legally performed at a session of
the board duly organized, and that the whole board, as such, is to decide re-
garding the qualifications oieach applicant to teach eacA branch certified to."
See also case of McCortle v. Bates, 29 O. S., 419, as quoted quite in full
under section 3982. All its reasoning regarding boards of education applies
equally to examining boards.
(/). The board may, in certain cases, call in the aid of a specialist to
examine a candidate for them in specific branches. But the official mind,
as, in cases at the bar, tlie "judicial mind," must itself be satisfied — in this
case by the testimony of the expert — that the candidate is qualified in each
branch, and the board must certify to this.
(g). An official trust cannot be delegated. See III. Central Law
Journal, page 472. The board has no authority', therefore, to appoint
a substitute to perform the duties of any of its members. A certificate
depending on the signature of such substitute for its validity, is worthless.
As all citizens are bound to know the law, so candidates and school author-
ities are bound to know who are legal, or, at least, de facto public officers.
* (i). If a person ineligible to the office of examiner has been appointed
in good faith, and without knowledge of this ineligibility, it is probable his
acts as exajniner would be held valid in a court of law, as the acts of an
officer de facto though not de jure. But it is clear that after tlie attention
of the interested parties has been called to this ineligibility, that all the
future acts of such ineligible person as an examiner will be null and void,
and that any certificate depending on the signature of such person for its
validity, will be without legal value.
(A), An officer commissioned under the initials J. H., signs liis true
initials A. J., to a certificate, A. J. being the person in fact intended and
appointed, the act and signature are held sufficient by the Supreme Court
of Ohio. See N. B. Gates, treasurer, vs. Beckwith, in II. Western Law
Monthly, page 589.
SCHOOL OFFICERS GUIDE. 1 25
Examiners. Ch. 12.
they shall not be valid ; and the examiners may grant certifi-
cates for five years to such applicants as in addition to the
necessary qualifications, have been for three years next pre-
ceding their application engaged in teaching, twelve months
of which experience shall have been in one place : and such what cenm-
CiltGS rGIlGWfl.*
certificate for five years shall be renewable upon the same bie, andhow.
conditions but without examination, at the direction of
the examining board; and if at any time the recipient of
a certificate be found intemperate, immoral, incompetent or How certifi
negligent, the examiners, or any two of them, may revoke the revoked?and
certificate; but such revocation shall not prevent a teacher ^"^^^ **'
from receiving pay for services previously rendered; and
when any recipient of a certificate is charged with intemper-
ance or other immorality, the examining board shall have
power to send for witnesses and examine them on oath or
affirmation touching the matter under investigation. The
fees and other expenses of such trial shall be certified to the
county auditor by the clerk and president of the examining
board, and paid out of the county treasury upon the order of
the auditor.' [70 v. 195, § 92 ; 79 v. 83 ; 81 v. 55 ; 85 v. 331.]
Sec. 4074. No person shall be employed as a teacher in Qualifications
a common school who has not obtained from a board of ex- °^ teachers.
aminers, having competent jurisdiction, a certificate of good
moral character, and that he or she is qualified to teach
orthography, reading, writing, arithmetic, geography, English
grammar and the history of the United States, and possesses
an adequate knowledge of the theory and practice of teaching,
and if required to teach other branches that he or she has the
requisite qualifications; but persons who desire or are ex-
pected to teach only special studies, such as music, drawing,
painting, penmanship, gymnastics, German or French, or
any one of them, or the primary department in any graded
school, may be examined in regard to such study or studies
above mentioned, or with special reference to their qualifica-
Sec. 4072. This section, together with section 4076, implies that the urerV? board,
clerk is also treasurer of the board of examiners. In the latter section, the
state requires of him a bond for the payment to the auditor of all moneys
that come into his hands as fees. This will probably relieve the other
examiners of joint personal responsibility with him for such payment, as
he, alone, is authorized to handle the funds, and the state assumes the full
control of his acts under such bond. The other examiners should see, as a
matter of interest to them, that the clerk conforms to this, and other Special,
requirements of the law, as to records, reports, and the like. The law is
careful to prescribe the limit of the expenses to be drawn. But it also pre-
126
OHIO SCHOOL LAWS.
Ch. 12.
Primarj'.
Examiners.
tions to teach in such primary department only, and having
obtained a certificate of qualification therein, and of good
moral character may be employed to teach such study or
studies, or in such primary department ; provided, that after
January 1, 1889, no person shall be employed as a teacher in
any common school who has not obtained from such board of
examiners a certificate that he is qualified to teach physiology
and hygiene. [71 v. 107, § 93; 79 v. 70; 85 v. 831.]
Antedating
certificates.
Amount and
Icind of exam-
ination.
Discretion of
examiners.
Causes for re-
vocation.
Notice of re-
vocation.
scribes that the money shall be drawn only for necessary and actual, not con-
structive expenses, and that such expenses for each quarter shall be paid out
of the funds received during that quarter. This includes the necessary
traveling expenses, or such hotel bills, as are actually and necessarily paid
out, in the discharge of duties prescribed by law.
Sec. 4073 (a). The board may grant certificates of the four grades
only, and since the statute uses the language "from the day of examina-
tion," it seems to give no authority to antedate a certificate.
(6). The law does not prescribe the amount or kind of examination
which the board shall employ to satisfy themselves of the qualifications of
each applicant. It rests on the discretion of the board to determine whether
it is necCTSary to subject a teacher who has taught with marked intelligence
and success, and for years, within the circuit of their knowledge, to the
same rigid examination to which they subject beginners, and those of whose
qualifications the examiners have no knowledge.
(c). There is also no reason why examiners should not exercise theii
discretion about the further examination of candidates who have failed in
one or two branches, but who left at a recent sef^sion of the board a thor-
oughly satisfactory record of examination in a large part of the branches.
(d). The revocation of a certificate is not^strictly a judicial proceed-
ing. The law which clothes the boards of examiners with discretionary
power, will protect them in the proper use of it. They cannot, of course,
be mulcted in damages nor removed from office, for refusing to grant a cer-
tificate, nor for revoking a certificate, in the exercise of this discretion. If
malice or other undue motive enter into the transaction, however, the can-
didate has his remedy in the courts, and the probate judge may remove any
members for such cause, as a malfeasance in office — an immorality — one of
the causes enumerated in the law.
(c). Manifest incompetency to teach or to govern a school, cruelty,
negligence, and immorality, are enumerated as the causes that may lead to
a revocation of a certificate. Intemperance is given in the law as a ground
for refusing a certificate, and this is very definite instruction to annul a
certificate for this cause. Habitual profanity, dishonebty, larceny, and
other violations of law would certainly justify the annulling of a certificate.
(/). Notice of such annulment should be given to the boards of edu-
cation concerned, at least. A person cannot draw pay after his certificate
is annalle*!. While it is proper to remember that it is a very serious thing
to exclude a man from the profession, it should be remembered that it is
SCHOOL OFFICERS GUIDE. 12/
Examiners. Ch. 12.
Sec. 4075. Each member of the board shall be entitled compensatic n
and expenseb
to receive two dollars for each day he is necessarily engaged of board.
in official service, to be paid out of the county treasury on the
order of the county auditor; all books, blanks, and stationery
required by the board shall be furnished by the county aud-
itor. The board may contract for the use of suitable rooms in
which to conduct examinations, procure, fuel and light, and
employ janitors to take charge of the rooms and keep them in
order, and the expenses so incurred, and also the necessary
traveling expenses of the examiners, which shall not in any
quarter exceed one third the amount of examination fees re-
ceived, together with the cost of advertising required by sec-
tion 4071, shall be paid out of the county treasury on orders
of the county auditor, who shall issue such orders upon the
certificate of the president of the board, countersigned by the
clerk. [70 v. 241, § 95 ; 83 v. 40 ]
still more serious to neglect the intellectual and moral interests of pupils,
and worse still to appropriate the money of the people to promote im-
morality and bruti'hness.
(g). Of course, a board of examiners may revoke for proper cause, a
certificate granted by its predecessors.
•■• Sec. 4074. (a). The provision of the statutes "that no person shall
be employed" as a teacher unless he has obtained the certificate required
by law, does not render invalid a contract for employment made with the
teacher before he obtains the requisite certificate, provided he obtains it
before entering upon the duties of his employment. 22 O. S., 194.
* (6). In Illinois, a certificate was not obtained till the middle of the
term. A new contract was entered into at that time to pay the teacher
double wages for the r«st of the term. This was considered an attempt to
do indirectly what there was no power to do directly; and 'therefore the
contract was held void. 71 111., 532.
* (c). A person began teaching under a contract. He taught three
weeks ; then obtained a certificate and made a written contract to run three
months from the time he began teaching. Held: That he was entitled to
wages after certificate was obtained, but to no pay for the previous three
weeks. 20 Minn., 72.
(d). No money can be legally drawn for teaching a day without a
certificate, and to receive public money illegally is a crime under sections
6841 and 6846.
(e). It is expressly illegal— see sections 4017 and 4018 — to pay an in-
creased salary for that part of a term covered by a certificate, in case the 1^1^^^'^^^
certificate does not cover the whole term.
(/). The principle governing communications to examining officers
relative to the moral character of an applicant, or his fitness to teach, may be tions to ex *
gathered from a recent decision of the Supreme Court of Michigan. Camb- boar'd"^
128
OHIO SCHOOL LAWS.
Ch. 12.
Exami
Anuual re-
port of clerk,
and his bond.
Examiners in
city districts;
appointment,
terms, revoca-
tion.
Sec. 4076. The clerk of the board shall prepare, and
forward to the commissioner of common schools, on or before
the first day of September of each year, a statement of the
number of examinations held by the board, the number of
applicants examined, the total number of certificates granted,
and the number for each term mentioned in section forty
hundred and seventy-three, the amount of fees received and
paid to the county treasurer, the amount received from the
county treasury, by the members of the board for th^ir ser-
vices, and such other statistics and information in relation to
the duties of the board as the commissioner may requir- ; and
he shall deposit with the county auditor a bond, with surety
to be approved by the auditor, in the sum of three hundred
dollar?, that he will pay into the county treasury, quarterly,
the examination fees received by the board, and make the
statistical returns required by this chapter. [70 v. 241, § 95 •
85 V. 195.]
Sec. 4077. There shall be a board of examiners for each
city district of the first class, to be appointed by the board of
education of thedistiic'; such board may consist of either
three or six persons, as the board of education may determine,
and the persons appointed shall have had at least five years'
practical experience in teaching, and shall otherwise be com-
petent for the position, and residents of the district for which
they are appointed; the term of office of such examiners
shall be three years; the term of one-third of the examiners
shall expire on the 31st of August each year ; but the board
of education may revoke any appointment, upon satisfactory
proof that the appointee is inefficient, negligent, or guilty of
Quarterly re-
port.
bell, J., lield : "In the present case the communication was fully privileged.
It was made by persons interested in the school to persons qualified to re-
ceive and act on the petition, for an honest purpose, and with an honest
belief in the justice of their action. In such cases no action can be main-
tained even it the complaint is untrue, if not maliciously made." See also
Foster v. Scripps, 39 Mich., 376.
(g). As to penalty for bribing or attempting to bribe an officer, see
section 6900.
Sec. 4076 (a). As the school year begins on the first day of September
of each year, the quarterly payments are to be made for the quarters ending
with November, February, May and August.
(6). The prosecuting attorney is, by section 1276, R. S., required to
inspect the bonds of all county officers and certify that the same are suffic-
ient
SCHOOL OPFICERS GUIDE. 1 29
Examiners. Oh. 12.
immoral conduct; when a vacancy occurs in the board,
whether from expiration of term of office, refusal to serve, or
other cause, the board of education shall fill the same by ap-
pointment for the full or unexpired term, as the case demands ;
and within ten days after an appointment, the clerk of the
board of education shall report to the commissioner of com-
mon schools the name of the appointee, and whether the ap-
pointment is for a full or unexpired term. [70 v. 195, § 97;
71 V. 107, §96; 85 v. 332.]
Sec. 4078. Such board of examiners shall determine the Duties and
standard of qualification for teachers,' and may examine any ^otu'd?. "^'^^^'^
school in the district when such examination is deemed neces-
sary to ascertain a teacher's qualifications, but in the ex-
amination of applicants and the granting of certificates the
board shall be governed by the provisions of section forty
hundred and seventy-four, and to secure a thorough* examina-
tion of applicants in difficult branches or special studies, the
board may secure the assistance, temporarily, of persons of
sufficient knowledge in such branches or studies, who shall
promise on oath or affirmation, to be administered by the
clerk of the board of examiners, to perform the duties of ex-
aminer faithfully and impartially, and superintendents of
schools shall give to the board all necessary information in
reference to branches and special studies to be taught, and
the branches of study and grades of school which teachers
will be required to teach. [71 v. 107, § 96; 85 v. 832.]
Sec. 4079. The board shall organize by choosing from 0/^*°""^*^°^
its members a president and a clerk ; and the clerk shall give ^ond of clerk,
bond in the sum of five hundred dollars, with surety to be
approved by the board of education, conditioned that he will
perform faithfully the duties required of him by this chapter,
which bond shall be deposited with the clerk of the board of
education. [70 v. 195, § 98.]
Sec. 4077 (a). Nothing in the statute directly prohibits a member of cierk.
the board of education from serving on a city or village board of exam-
iners, but the provisions of section 3974 would prevent his receiving pay for
such services.
(6). Failure to comply with the requirement to notify the commis-
sioner of the appointment of a clerk has sometimes occasioned great incon-
venience, as it is made the duty of that' state officer, in certain cases, to
look after the proper payment of fees into the treasury.
9
I30
OHIO SCHOOL LAWS.
!l Ch. 12.
Examiners.
Meetings of
city boards.
Examination
fees; certifi-
cates valid,
when and ,
where.; .^j
How'revoked,
Sec. 4080. The board shall hold not less than two meet-
ings each year, notice of which shall be published in some
newspaper of general circulation in the district, and the ex-
pense of such publication shall be paid as provided in section
forty hundred and eighty-two, and all examinations of appli-
cants shall be conducted at the meetings of the boards thus
called, and the examination of each and every applicant
shall be in the presence of at least two members of the board.
[85 V. 332.]
Sec. 4081. Each person who applies to the board for ex-
amination shall pay to the clerk a fee of fifty cents. The
board may grant certificates for one, two and three years, from
the day of examination, which shall be signed by the presi-
dent and attested by the clerk, and shall be valid within the
district wherein they were issued ; and the examiners may
grant certificates for five years to such applicants as in addi-
tion to the necessary qualifications, have been for three years
next preceding their application engaged in teaching, eigh-
teen months of which experience shall have been in one
place; and such certificate for five years shall be renewable
upon the same conditions, but without examination, at the
discretion of the examining board; and on the production of
satisfactory evidence that'a person to whom a certificate has
been issued is inefficient, or guilty of immoral or improper
conduct, the board may revoke the certificate and discharge
such person from employment as teacher in the district; but
such teacher shall be entitled to pay for services to the time
of such discharge, and the word teacher shall be held to in-
clude superintendent of schools ; and when any holder of a
certificate is charged with intemperance or other immorality,
the board shall have power to send for witnesses and examine
them on oath touching the matter under investigation. [70
V. 195 ; 72 v. 114; 77 v. 7; 78 v. 87; 85 v. 333.]
Sec. 4081 (a). There is no law making certificates granted by city
boards of examiners good in the country if endorsed by the county exam-
iners.
* (6). A county board, however, may legally issue a certificate of its
own on the city certificate, without an examination, if the board is satisfied
that this city certificate presents sufficient evidence that its holder is qual-
ified to teach in the schools of the county.
SCHOOL OFFICERS GUIDE. I3I
Examiners. Ch. 12.
Sec. 4082. The board of education shall fix the compen- ^tion orexam-
satioaj of such examiners, and the persons called to their Jiemai ex-*
assistance, furnish the necessary books, blanks, and station- p°°**^^-
«ry for their use, and designate a school building within the
district in which they shall conduct examinations, and cause
such building to be lighted and heat'^d if necessary ; and such
compensation, and the incidental expenses incurred on
account of the board of examiners, shall be paid, by order of
the board of ;education, from the contingent fund of the dis-
trict. [71 V. 107, §96.]
Sec. 4083. The clerk shall keep a record of the proceed- city and vu-
ings of the board, and of such statistics as the commissioner erf! diuies"
of common schools may require, and shall report such statis- disposition
tics to the commissioner annually, on or before the first day
of September; he shall pay the examination fees received by
him to the treasurer of the district within ten days after each
meeting, and at the same time file with the clerk of the
board of education a written statement of the amount, and
also a statement of the number of applicants, male and
female, examined, and the number of certificates granted, and
for what terms; and the fees paid to the treasurer of the dis-
trict shall be applied to the support of teachers' institutes, as
provided in chapter thirteen. [70 v. 195, § 98; «5 v. 198.]
Sec. 4084. The provisions of this chapter, relating to Board of
T • /• 1 /> school exam-
boards of examiners, for city districts of the first class, shall iners for city
districts, sec-
be applicable to such boards for city districts of the second omi class and
class and village districts having an enumeration of not less t^icts.
than seven- hundred youth of school age; except that such
boards shall consist of three members, and except also that
* Sec. 4085. Various interpretations of the meaning of this section
have been given. This has arisen from the different definitions given the
word "school" in the several sections of the country. By "school" is
meant in some of the cities and towns of the eastern states, each room of
pupils in a school building; but generally there, as in the West, "school"
means all the pupils of a division of a city, town, or village, made for
school purposes, gathered into one building, or sometimes more than
one. And the same definition applies to sub-districts. In any system of
schools entitled to a city board of examiners, the superin^^eudent,
who is not connected with any one school specially, but with the system as a
whole, can be a member of the board (ajd ought always to be so) and as
many of the teachers as the board of education may choose to select, pro-
Tided no two of them are from the same building.
132
OHIO SCHOOL LAWS.
Ch. 12.
Examiners.
Who ineligi-
ble as exam-
iner.
the examination fees shall be disposed of, and statements
filed with the county auditor, as provided in section four
thousand and seventy-two, in all such districts not covered by
the provisions of section four thousand and ninety-three.
L70 v. 195; 72 v. 114; 78 v. 87; 83 v. 35 ; 85 v. 30.]
Sec. 4085. No board of county, city, or village examin-
ers shall have more than one member connected with the
same school.
CHAPTER 13.
TEACHERb' INSTITUTES.
Section
40S6. County institutes — how organ-
ized, etc.
4087. Payuieut of institute fund to com-
m ttee.
4088 Report > f institute committee.
4089. Forfeiture of tommittee's bund.
4090. When school commissioner may
hold institute.
Section
4091. Teachers may dismiss fchool to at-
tend institute.
4092. Institute ior city district of first
class. ' ;
4093. Institute for teachers of adjacent
count its,
4094. Length of sessions; reports of cer-
tain institutes.
Organisation.
Election of
officers.
Bond.
Sec. 4086. A teachers' institute may be organized in any
county, by the association of not less than thirty practical^
teachers of common schools residing therein, who shall de-
clare their intention in writing to attend such institute, the
purpose of which shall be the improvement of such teachers
in their profession; such institute shall elect annually, by
ballot, a president, secretary and also an executive committee
to manage the affairs of the institute, which committee shall
enter into a bond, payable to the state of Ohio, with sufficient
surety, to be approved by the county auditor, in double the
amount of the institute fund in the county treasury, for the
benefit of the institute fund of the county, and con-
ditioned that the committee shall account faithfully for the
money which will come into its possession, and make the re-
port to the commissioner of common schools, required by sec-
tion four thousand and eight, and such election of oflacer&
* Skc. 4086. The purpose of a teachers' institute being the im.
provement of the teachers enfltled to its privileges in their profession,
it clearly follows that the instruction given therein should be mainly
upon methods of teaching and the management of schools.
SCHOOL OFFICERS GUIDE. 1 33
Teacliers' Institutes. Ch. 13.
shall be held during the session of such institute, and at a
time fixed by the executive committee thereof, of which elec- nouce* of elec-
tion at least three days' notice shall be given the members of *'°°*
fiuch institute by posting conspicuously in a room, where
euch institute is held, a notice of the time and place of hold-
ing such election. [70 v. 195, § 112 ; 84 v. 230.]
Sec. 4087. The declaration and bond mentioned in sec- Payment of
71 7'i • 1111 /»ii ■! institute fund
tion forty hundred and eighty-six shall be tiled with the county to commute.
auditor, whereupon the auditor shall give to the
institute committee an order on the county treasurer
for the amount of the institute fund in the treasury;
and any portion of said fund not disbursed by the committee,
shall be returned to the county treasury on the certificate of
the county auditor. [70 v. 195, § 112.]
Sec. 4088. The institute committee shall, within five Teachers' in-
days after the adjournment of the institute, report to the poitofcom-
1 /. 1 • miitee.
commissioner or common schools, the number of teachers in
attendance at the institute, the names of instructors and lec-
turers, the amount of money received and disbursed by the
committee, and such other information relating to the insti-
tute as the commissioner may require; and on failure to
make such report the committee shall forfeit and pay to the
state the sum of fifty dollars. [70 v. 195, § 112 ; 85 v. 196]
Sec. 4089. Upon the forfeiture of the committee's bond, Forfeiture of
the prosecuting attorney of the county shall prosecute an boud.
action thereon, in the name of the state, and collect any
money which the committee may have failed to disburse
according to law, and any penalty to which the committee
may be liable under this chapter, and pay the same into the
Sec. 4091 (a). The privilege of dismissing the schools for one
week's attendance on the teachers' institute ia granted to teachers in
cities of less than ten thousand inhabitants, without action by the board
of education. See section 3886. The teacher cannot, under the law,
draw pay for the work, however. The last clause of the section implies
that a majority of the teachers in a system of schools may effect their
dismissal though the minority of the teachers oppose it.
(6). The law under this section does not provide that teachers shall
require pay for their attendance at the institute; but the board may by
resolution allow them their regular salaries during such attendance.
No teacher, however, can be paid for more days than he was actually
present.
134
OHIO SCHOOL LAWS.
Ch. 13.
Teachers' Institute8.
When fchool
commissioner
may hold in-
Btituie.
Teachers may
dismiss school
to attend insti-
tute.
county [treasury, to the credit of the institute fund.
[70 V. 195, § 112.]
Sec. 4090. When a teachers' institute has not been held
within two years n any county /the commissioner of common
schools may hold or cause to be held therein such^nstitute ;.
and the management thereof and all proceedings |in rela-
tion thereto, shall be the same as herein before provided,
except that the written declaration required shall not be
necessary. [70 v. 19-5, § 114.]
Sec. 4091. All teachers of common schools within any
county in which a county institute is held, except those em-
ployed in city districts of the first class, may dismiss their
schools for the purpose of attending such institute, for the
week in which it is held ; and boards of education of city dis-
tricts of the first class situate within such counties may, by
resolution, extend the privilege specified above to the teach-
ers employed by them; but no union or graded school shall
be dismissed for such purpose unless a majority of the
teachers employed therein assent thereto. [70 v. 195, § 117.}
Sec. 4092. The board of education of each city district
of the first class may provide for holding an institute yearly,
for the improvement of the teachers of the common schools
therein ; the expenses of such institute shall be paid from the
institute fund provided for by section forty hundred and eighty-
three; if the board of any district do not provide for such
institute in any year, it shall cause the institute fund in the
hands of the district treasurer to be paid to the treasurer of
the county wherein the district is situate, who shall place
the sam3 to the credit of the county institute fund, and the
teachers of the schools of such district shall be entitled, in
such case, to the advantages of the county institute, subject
Institutes for
city districts
of the first
clas?.
Disposition of
fees.
Skc. 4092. By section 4083, the clerk of the city board of examiners
is bound to pay all fees received from candidates to the treasurer of the
district. By this section, in case the city teachers hold no institute, the
board of education is to see that their treasurer pays over the whole
amount of the fees to the county treasurer for the use of county insti-
tutes. In some cases this duty has been neglected, and much trouble
and expense have been occasioned by the action necessary to secure
this money for its legitimate purposes. It is the duty of the state com-
missioner te see that the reports to his office show this to have beei»
done.
SCHOOL officers' GUIDE. 135
Teachers' Institutes. Ch._^.13.
to the provisions of the preceding section ; and the clerk of
the board shall make the report of the institute required by
section forty hundred and ninety-four. [70 v. 195, § 118.]
Sec. 4093. An association of teachers of several adjacent institutes for
counties may organize an institute for the specific purpose of adjacent,
providing for the professional instruction of the teachers of
the graded schools in such counties, and the boards of all
city, village, and special districts within such counties may
contribute from the institute and contingent funds under
their control, to defray the expenses thereof, and may permit
teachers employed by them to attend the institute one week;
and such institute shall appoint a secretary, who shall make
the report required by the next section. [70 v. 195, § 119.]
Sec. 4094. All institutes held under the provisions of Length of
this chapter, except the institute provided for by section offenainin-
siitutes.
forty hundred and ninety-three, shall continue at least four
days; and a report of each institute held in pursuance of the
provisions of sections forty hundred and ninety-two and forty
hundred and ninety-three, shall be made to the commissioner
of common schools within five days after the adjournment
thereof, which shall state the number of teachers in attend-
ance, the names of the instructors and lecturers, the total
expenses of the institute, and the portion thereof paid from
institute funds, and such other information relating to the
institute as the commissioner may require. [70 v. 195,
§§113,115,118; 85 V. 196.]
* 8kc8. 4086-4094 (a). Institutes are the people's training schools.
No matter how great the facilities for instruction in normal schools a
state may possess, the fact will remain that the mass of teachers must
get what they are to learn of methods of teaching and the management
of schools elsewhere. In our state, particularly, we must look to the in-
stitute to do this work.
* (6). Professional zeal forms a large element in the success of
teachers ; and in no way can this success be better shown than by a faith-
ful attendance on the teachers' institute and an active interest in its
work. Boards of examiners are, therefore, fully justified in taking this
attendance and this interest into consideration in making up the stand-
ing of candidates in the theory and practice of teaching.
136
OHIO SCHOOL LAWS.
Ch. 14.
Cincinnati and Toledo Universities.
CHAPTER 14.
CINCINNATI AND TOLEDO UNIVERSITIES.
Section Section
4095.J5 Ck)mmon council of Cincinnati i 4101. \
may accept educational irusts. | 4102.
4096 How trust funds lo be applied. 4103.
4097 , ;Tru>teeshlp to ves-t in city, etc. 4101.
409£ Board of directors, how appoint- ; 4105.
ed etc. '
4099 ; ^Powers of board . \
410C, Citizens not to be charged for ad- j
mission of children. I
\r counts and expenditures.
When board may confer degrees.
Site and grounds.
When and how tax maj be levied.
Provisions of chapter applicable to
city of Toledo.
Common coun-
cil of Cincin-
nati may ac-
cept educa- ,
tlonal; irusts.
How'trust
funds are to
be applied.
Sec 4095. The common council of the city of Cincin-
nati, in the name and behalf of the city, may accept and take
any property or funds heretofore or hereafter given to the
city for the purpose of founding, maintaining, or aiding a
university, college, or other institution for the promotion of
free education, and upon such terms, conditions, and trusts,
not inconsistent with law, as the common council may deem
expedient and proper for that end. [67 v. 86, § 1.]
Sec 4096. For the further endowment, maintenance,
and aid of any university, college, or institution for the pro-
motion of free education heretofore or hereafter so founded in
said city, the common council thereof may, in the name and in
behalf of the city, accept and take, as trustee, and in trust for
the purpose aforesaid, any estate, property, or funds which
have been or may be lawfully transferred to the city for such
use, by any person or body corporate having the same, or any
annuity or endowment in the nature of income which may
be covenanted or pledged to the city toward such use by any
person or body corporate ; and any person or body corporate
having and holding any estate, property, or funds, in trust or
applicable for the promotion of education, or the advance-
ment of any of the arts or sciences, may convey, assign, trans-
fer, and deliver over the same to said city, as trustee in his
or its place, or covenant or pledge its income, or any part
thereof, to the same; and such estate, property, funds, or in-
come shall be held and applied by such city in trust for the
further endowment or maintenance of such university, college,
or institution in accordance, nevertheless, with the terms
and true intent of any trust or condition upon which the
same was originally given or held. [67 v. 86, § 2.]
SCHOOL officers' GUIDE. 137
Cincinnati and Toledo Universities. Ch. 14.
8ec. 4097. Upon such transfer, and the acceptance there- ^'oy^fn^P
•of, the city and its successors, as trustee, shall become and he ^^^^' ^^•
perpetually obligated and held to observe and execute such
trust, in all respects, according to any further terms and con-
ditions lawfully agreed upon at such transfer and acceptance ;
and any court having jurisdiction of the appointment of
trustees of such trusts for educational purposes may, in any
proceeding for that purpose duly instituted and had, appoint
and constitute said city, with the consent of the common
council thereof, trustee, of the estate, property and funds so
transferred to it, and may dispense with the bond or surety
on the part of the city for the performance of such trust, un-
less the same is required by the original terms or conditions
thereof, and shall, upon the due transfer and acceptance of
such trust by the city, release and fully discharge the trus-
tee or trustees so transferring the same. [67 v. 86, § 2.]
Sec. 4098. The custody and management of any and all Boards of di-
•^ '' ; rectors of Cm-
estates, property, or funds so given, or transferred in trust to 5^1°^^^°^
said city, and the entire administration of any and all such Ipifo^^^^
trusts so accepted by the common council thereof, and any
university, college, or institution for the promotion of educa-
tion heretofore or hereafter so founded in or by said city,
except the common and high schools thereof, shall be com-
mitted to a board of nineteen directors, of whom the mayor of
the city shall be one, and the others shall be appointed by
the common council from persons of approved learning, dis-
cretion and fitness for the office, citizens of the city, six
of whom shall be appointed from persons nominated to the
common council by the board of education of the city, and
twelve from persons nominated to the common council by the
superior court of said city, if there be such court; the terms
of ofiice of each director shall be six years, but of those first
appointed, three shall be appointed for one year, three for
two years, three for three years, three for four years, three for
five years, and three for six years, from the first day of Janu-
ary next following their appointment ; such directors shall
serve until the election or qualification of their successors,
and any vacancy in the board caused by expiration of term,
resignation, removal, or other cause, shall be filled by ap-
pointment as herein provided, for the unexpired term.
[67v. 86, §3; 78 v. 178.]
138 OHIO SCHOOL LAWS.
Ch. 14. Cincinnati and Toledo Universities.
Powers of Sec. 4099. As to all matters not herein or otherwise nro-
1x)flrcL
vided by law, the directors shall have all the authority, pow-
ers, and control vested in or belonging to said city, as to the
management and control of the estate, property, and funds
given, transferred, covenanted, or pledged to the city for the
trusts and purposes aforesaid, and the government, conduct,
and control of the university, college, or institution so
founded; they may appoint a clerk, and all agents proper
and necessary for the care and administration of the trust
property, and the collection of the income, rents, and profits
thereof, may appoint the president, professors, tutors, instruc-
tors, agents, and servants necessary and proper for such uni-
versity, college, or institution, and determine their coa.pen-
, sation, may provide all the necessary buildings, books, appa-
ratus, and means and appliances, and pass all such by-laws,
rules, and regulations concerning the president, professors,
tutors, instructors, agents, and servants, and the admission,
government, and tuition of students, as they deem wise and
proper; but they may, by suitable by-laws delegate and
commit the admission, government, management, and control
of the students, course of studies, discipline, and other inter-
nal afiairs of such university, college, or institution, to the
faculty which the directors may appoint from among the pro-
fessors. [67 V. 86, § 3.]
Citizens not to Sec. 4100. The citizeus of said city, whose children,
be charged for , . i • i j , • • , ,,
admission of wards or apprentices are admitted to such institution, shall
children.
not be charged for such admission, and no charge shall be
made for the instruction of such pupils. [67 v. 86 § 3.]
Accountsand Sec. 4101. The accouuts of such trust estate, property,
6X I^Q di t u r£s
and funds, and of the income and expenditure thereof, shall
be kept by the city auditor entirely distinct from all other
accounts or afifairs of the city, and the moneys shall be kept
by the city treasurer distinct from other moneys ; and the di-
rectors shall at all times confine the expenditures within the
income of the trust estate, property, and funds, and shall an-
nually report to the common council a fall statement of the
accounts and administration of such trusts. [67 v. 86, § 3.]
When board Sec. 4102. The directors of such university, college, or
greee. institution may, upon the recommendation of the faculty
thereof, confer such degrees and honors as are cus-
SCHOOL OFFICERS GUIDE. 139
Cincinnati and Toledo Universities. Ch. 14.
tomary in universities or colleges in the United States, and
such others as, with reference to the course of studies and at-
tainments of the graduates in special departments, they may
deem proper. [67 v. 86, § 4.]
Sec. 4103. The common council of said city may set site and
apart and appropriate, as a site for the buildings and grounds
of the university, college, or institution so founded, any pub-
lic grounds of the city not specially appropriated or dedicated
by ordinance to any other use or purpose, any law to the con-
trary notwithstanding. [67 v. 86, § 5.]
Sec. 4104. The board of education of the city may, upon when and how
the application of said board of directors, assess and levy a levie'd*^ ^^ "**
tax on the taxable property of the city, not exceeding one-
tenth of one mill on the dollar valuation thereof, to be
applied by the board of directors to the support of such uni-
versity, college, or institution ; and the board of education
shall also assess and levy, annually, not less than three-hun-
dredths nor more than fivehundredths of one mill on the
dollar of such valuation for the establishment and mainte-
nance of an astronomical observatory, in connection with
Buch university, college, or institution, the proceeds of which
shall be paid to the board of directors, and applierJ by them
for Eaid purpose exclusively. [67 v. 86, § 5 ; 75 v, 133, § 1.]
Sec. 4105. The provisions of this chapter shall be appli- provisiohs of
cable to the city of Toledo, except that the board of directors appUcabie^to/
shall consist of thirteen members, and the rate of taxation to
be assessed and levied shall not exceed one-half of one mill
on the dollar of the taxable property of said city. [70 v. 117
city.of.Toleda
140
OHIO SCHOOL LAWS.
Ch.;i3.
State Commissioner of Common Schools.
PART I, POLITICAL-TITLE III, EXECUTIVE.
CHAPTER 13.
STATE COMMISSIONER OF COMMON SCHOOLS.
Section
354. Election, term, and how vacancy
filled.
355." BoHd.
356.^ His office and his attendance there-
at.
357. His duty to visit teachers' insti-
tntes, etc.
358. His supervi-ion over school funds
and (-chonl officers.
359. Shall prepare and transmit forms
and instructions.
360. Shall cause school laws, with
forms, etc., to be printed and
distributed.
Section
361. Annual report to the general assem-
bly or governor.
What the report shall contain.
Shall require reports from piivftte •
schools, etc.
His duty on complaint of fraudu-
lent use of money ; appoint-
ment of examiner.
Powers, duties, and compensation
of examiners.
Duty of judge and prosecuting at-
torney.
362.
363.
364.
365.
366.
State Commis-
fiioner of Com-
mon Schools,
election and
term'of.
His'official
bond. .
And oath.
Office,' etc., at
the seat of
^overoment.
Section 354. There shall be elected, triennially, at the
general election for state officers, a state commissioner of com-
mon schools, who shall hold his office for the term of three
years from the second Monday of July succeeding his election ;
and in case of a vacancy occurring by death, resignation, or
otherwise, the governor shall fill the same by appointment.
[70 V. 195, § 102 ; 81 v. 89.]
Sec. 355. Before entering upon the discharge of his offi-
cial duties, the commissioner shall give bond in the sum of
five thousand dollars to the state, with two or more sureties, to
the acceptance of the secretary of state, conditioned that he
will truly account for and apply all moneys or other property
which may come into his hands in his official capacity, and
that he will faithfully perform the duties enjoined upon him
according to law; which bond, with his oath of office indorsed
thereon, shall be filed with the treasurer of state. [70 v. 195,
§ 103.]
Sec. 356. The books and papers of his department shall
be kept at the seat of government, where a suitable office
shall be furnished by the state, at which he shall give attend-
ance not less than ten months in each year, except when ab-
sent on public business. [70 v. 195, § 104.J
SCHOOL OFFICERS GUIDE. I4I
State Commissioner of Common Schools. Ch. 13.
Sec. 357. The commissioner shall visit, annually, each Hisdutiesin
judicial district of the state, superintending and encouraging several judi-
, ... /.. 'A■,^ iri 1 • cial districts.
teachers institutes, conferring with boards or education or
other school officers, counseling teachers, visiting schools and
delivering lectures on topics calculated to subserve the inter-
ests of popular education. [70 v. 195, § 105.]
Sec. 358. He shall also exercise such supervision over Higsuo'>rvi-
the educational funds of the state as is necessary to secure sctiouTumds.
their safety and right application and distribution according
to law. He has power to require of county auditors, boards May reqnire
of education, clerks and treasurers of boards of education, or ctn°mom™ers,
other local school officers, and county treasurers, copies of all
reports by them required to be made, and all such other
information in relation to the funds and condition of schools
and the management thereof as he deems important. [70
V. 195, § 106.]
Sec. 359. He shall prescribe suitable forms and regula- shaii prepare :
tions for making all reports and conducting all necessary ^°'^^^'^^^-
proceedings under the school laws, and cause the same, with
such instructions as he deems necessary and proper for the
organization and government of schools, to be transmitted to
the local school officers, who shall be governed in accordance
therewith. [70 v. 196, § 107]
Sec. 360. He shall cause as many copies of the laws as Duties a8;to •*
are necessary, relating to schools and teachers' institutes, scho"i"iaws,,^
with an appendix of appropriate forms and instructions for
carrying into execution all such laws, to be printed in a sepa-
rate volume, and distributed to each county with the laws,
journals, and other documents, for the use of the school offi-
cers therein, as often as any change in the laws is made
of sufficient importance, in the opinion of the commissioner,
to require a publication and distribution thereof. [70 v. 195,
§ 108.]
Sec. 361. He shall make an annual report, on or before Annuar report
the fifteenth day of November, to the general assembly, when erSf^hooiT'
that body is in session, and when not in session the report
shall be made to the governor, who shall cause the same to
be published, and shall also communicate a copy thereof to
the general assembly at the beginning of the next session.
[70 V. 195, § 109 ; 85 v. 192.]
142
OHIO SCHOOL LAWS.
Ch. 13.
State Commissioner of (Jommon Schools.
What it shall
present.
Shall require
reports from
priyate school"
etc.
Duties of com-
missioner on
complfiint of
fraudulent use
of money, etc.
Appointment
of accountant
to investigate
charges.
Sec. 362. In his annual report he shall present a state-
ment of the condition and amount of all funds and property
appropriated to purposes of education ; a statement of the
number of common schools in the state, the number of schol-
ars attending such schools, their sex, and the branches taught;
a statement of the number of private and select schools in the
state, so far as the same can be ascertained, and the number
of scholars attending such schools, their sex, and the branches
taught ; a statement of the number of teachers' institute?,
the number of teachers attending them, and the number of
instructors and lecturers, and the amount paid to each ; a
statement of the estimates and accounts of the expenditures
of the public school funds of every description, a statement of
plans for the management and improvement of common
schools, and such other information relative to the educational
interests of the state as he deems of importance. [70 v. 195,
§ 110.]
Sec. 363. He shall, annually, require of the president,
manager, or principal of every seminary, academy, and private
school, a report of such facts, arranged in such form as he pre-
scribes, and shall furnish blanks for such reports; and it is
made the duty of every such president, manager, or princi-
pal, to fill up and return such blanks within the time the
commissioner directs. [73 v. 225, § 1.]
Sec. 364. When a complaint is made to the state school
commissioner, in writing, verified by the afiidavits of at least
three freeholders and tax-payers, resident of an}' school dis-
trict in the state, alleging that they have good reason to and
do believe that any portion of ths school fund of such district
has been expended contrary to law, or has been fraudulently,
unlawfully, or corruptly used, or misapplied, by any of the
officers of such district, or that there have been fraudulent
entries in the books, accounts, vouchers, or settlement sheets
thereof, by any such officers, or that any of such officers
have not made settlements of their accounts as re-
quired by law, he is authorized and required to appoint
some trustworthy and competent accountant, for the purpose
of investigating such complaint, who shall forthwith visit
such school district and take possession of all the books,
papers, vouchers and accounts of such district, and investigate
SCHOOL OFFICERS GUIDE. 143
State Commissioner of Common Schools. Ch. 13.
the truth of the allegations of such complaint, and the condi-
tion of the school fund of such district ; and the several offi-
cers of such school district, on the application of such exam-
iner, shall immediately place in his possession all their books,
accounts, contracts, vouchers, and other papers having refer-
ence to the receipt and disbursement of the school funds ; and
the county auditor and county treasurer shall give such
exarfiiner free access to all the records, books, papers, vouch-
ers, and accounts of their respective officers having reference
to the object of such investigation. [72 v. 82, § 1.]
Sec. 365. Such examiner shall have authority to call powers and
before him forthwith, upon written notice, and examine wit- aminer!
nesses, under oath, to be administered by him ; and he shall
immediately after completing such investigation, report in
writing, in duplicate, setting forth the condition of the books,
vouchers, and accounts of such district, the amount of school
funds received for any and all purposes, and from whatever
flource, the amount expended, and for what, and the amount
actually in the treasury, one copy of which report he shall
file in the office of the clerk of the couit of common pleas of
the county ia which such district is situate, and the other
copy he shall transmit to the state commissioner of common
schools at Columbus; and tbe examiner so appointed and
performing the duties herein required, shall receive as com- jj^g compensa-
pensation a per diem of three dollars for each day necessarily *^^*^°"
engaged in the performance of his duties, and shall also re-
ceive five cents for each mile by him necessarily traveled in
that behalf; but no mileage shall be allowed for a greater
distance than from Columbus to such district ; and such com-
pensation and mileage shall be paid out of the county treas- p^^ ^^^^
ury;apon the warrant of the county auditor, and if the inves- ^'^®'^®o^-
tigation establish the truth of any material allegation in
such complaint, then such amount so paid shall be assessed
by the county auditor upon the taxable property of the dis-
trict, to be collected as other taxes are for the use of such
county treasurer. [72 v. 82, § 2,]
Sec. 366. The judge of the court of common pleas of the
*^ Adverse report
proper county shall examine the report so filed in the clerk's of examiner to
•*• ^ be given in
office, as provided in the preceding section of this chapter, ^rand'uV*^^
and if it appears therefrom that any part of the common or
144 OHIO SCHOOL LAWS.
Ch. 13. State Commissioner of Common Schools.
school fund has been fraudulently, unlawfully, or corruptly
used or misapplied, or that there has been fraud in any of the
entries, accounts, vouchers, contracts, or settlements, or that
the settlements have not been made as required by law^
or that there appears any defalcation or embezzlement on the
part of any of the ofl&cers of such school district, he shall give
the report specially in charge to the grand jury at the term of
the court of common pleas next after the filing of the same :
Duty of prose- ^
cutingattor- and the prosecuting attorney of such county shall forthwith
institute and carry forward such proceedings, civil or crimi-
nal, or both, against the delinquent officer or oflBcers of such
district as is authorized by law. [72 v. 82, § 3.]
SCHOOL OFFICERS GUIDE. I45
Miscellaneous.
MISCELLANEOUS.
AN ACT
To confer additional powers upon county commissioners relating to bequests, dona-
tions and gifts for the promotion of education.
Section 1. [Enacted March 2 1_^ 1887.] Be it enacted hy the Power of coun-
General Assembly of the State of Ohio, That the commissioners of ers to receive
. ,» bequests, etc.,
the several counties of the state may receive bequests, dona- 'or education-
al purposes.
tions and gifts of real and personal property and money to pro-
mote and advance the cause of education in their respective
counties; and any and all property and money so at any time
received by the commissioners of any county, or which may
have been heretofore bequeathed to the commissioners of any
county, and which has been bestowed upon them and remains
yet undisposed of by such commissioners, may, by the said
commissioners, at their discretion, be paid over to any incor-
,.,.,,. /. 1 • • J^ • • . Application o
porated institution of learning m their respective counties, or such trust
a part may be used to defray the expenses of the teachers' in-
stitute, each year, as the said commissioners may, in their
discretion, and with reference to the terms of the trust, deem
best, and upon such terms and conditions as they may pre-
scribe, having reference to the safety of the fund and its
proper application. [8 i v. 211.]
AN ACT
To authorize boards of education in cities of the second grade of the first class to levy
a tax for certain purposes therein specified.
Section 1. [Enacted March 16, 1887.] Be it enacted by
the General Assembly of the State of Ohio, That boards of education pi-ovfding fo
in cities of the second grade of the first class may annually training of
levy on each dollar valuation of taxable property, ^ of one dren°in pVb
mill additional to that now allowed ; the proceeds of said levy schoo?s!^
to be applied toward providing manual and domestic training
for the children of the schools of said city, and said board may
expend such part of said proceeds as it may deem expedient
in providing tuition for such children in any manual train-
ing school that has been or may be founded in said city; pro-
vided, that at each annual election the corporation controlling
10
146 OHIO SCHOOL LAWS.
Miscellaneous.
sdid school shall choose as directors, at least six persons, who
shall be named by such board of education, and shall also
choose as a director the superintendent of the public schools.
[84 V. 92.]
AN ACT
To authorize school boards to convey lands in certain cases.
■Columbus: SECTION 1. [Enacted March 18, 1887.J Be it enacted by
school board to the General Assembly of the State of Ohio, That school boards in
und for I'arfe citits of the first grade of the second class, owning land, which
■purposes. .... , ■, .
IS no longer used for school purposes, adjoining any public
park, may convey the same to the city or county owning such
park, and in which such land is situated, to be held and used
as a part of said park. [84 v. 108.]
A.N ACT
To provide for competent and non-partisan public library boards in cities of the sec-
ond class, second grade.
DaytonTpuMic ^ SECTION 1. [Enacted March 21, 1887.] Be it enacted by
^tectwn'of?'^ ' the General Assembly of the State of Ohio, That in any city of the
second class, second grade, the city board of education may
elect by ballot a special board ot six competent persons, resi-
dents of said city or school district, to be called the library
board, who shall have the control and management of the
public library of said city.
Board equally SECTION 2. That the six members of said library board
^j-ued.poiiti- ^^^^^ ^^ selected equally from the two political parties having
the largest representation in the city board of education, and
shall be elected as follows : Two for a term of one year, two for
two years, and two for three years; at the end of the first
Terms of mem- •' iiiniij«ir
bers. year, two shall be annually elected, who shall hold otnce for a
term of three years.
Powers of SECTION 3. That the said library board shall have power
*°*'^" to purchase books, magazines, and other proper supplies for
said library, and employ a librarian and assistant, who shall
be elected annually ; and the vouchers for such expenditure
and salary account shall be certified to by said board of edu-
cation for payment.
Section 4. That said library b^ard shall be required to
report fully their proceedings and expenditures at least once
a year, to the board of education of said city, and annually
Annual report.
SCHOOL OFFICERS GUIDE. 1 47
Miscellaneous.
report to said board of education an estimate of the expenses
of said library for the succeeding year, and in no case shall
such expanse be allowed to exceed the appropriation therefor
by said board of education.
Section 5. That the president of said city board of Ex-offlcio
education shall be ex-officio a member of such library board, ™re™dent*of
and have the right to preside at the meetings.
Section 6. That whenever a library board shall be Annual tax.
elected pursuant to the provisions of this act, the board of
education of such city shall have the power to levy annually
for library purposes a tax not exceeding two and one half
tenths of a mill per dollar of city valuation, to be certified
according to law as other levies, [84 v. 171.]
Section 1. Be it enacted by the General Assembly of the State
of Ohio, That in village districts, in the county of Hamilton,
the board of education shall consist of five members, except
in districts organized under a law providing for only three
members, who shall have the qualification of an elector there-
in, and in such districts the membership may be increased to
five, and only one member shall be chosen at the next annual
"' Boardf! of
election for school ofiicers, to serve for three years : and annu- e<iu< ation
' •/ ' for village ana
ally thereafter, two, except every third year, when only one d'lstricts^Ham-
judicious and competent person shall be elected, and if the ^^^^ countr.
board consists of three members, one such person shall be
elected each year; provided, that in each special district in
said county where the board of education now consists of six
members, there shall be chosen at the next annual election
for school officers, by ballot, on the second Monday of April,
one member to serve for three years, and annually thereafter,
two members to serve for three years, except every third
year, when only one person shall be elected to serve for three
years ; five days' notice shall be given of such election. The
members of such boards now in office, and those hereafter
elected, shall serve until their successors are elected and qual-
ified ; provided further, that the first election under this act
in village districts shall not take place until the first Mon-
day of April, 1884. [80 v. 310."]
[So much of the act of March 25, 1864, as provided for a
board of education for the city of Columbus, of one member
irom each ward, and is still in force, is here given :]
148 OHIO SCHOOL LAWS.
Miscellaneous.
Section 1. The qualified voters in the several wards in
the city of Columbus shall, on the second Monday of April,
1864, meet in their respective wards, at the places designated
for holding elections therein, and elect one member of the
board of education of said city of Columbus, for each of said
wards, who shall serve, the members of the first, third,
fifth, and every ward of said city represented by odd numbers,
one year ; and the members representing the second, fourth,
sixth, and every ward represented by even numbers, two
years ; and annually thereafter, at the time and place speci-
fied, there shall be elected in like manner, one member of the
board of education for each ward in said city, in which the
term of the member is about to expire, who shall serve for two
years, and until his successor is elected and qualified. Said
election shall be held and conducted as is provided for county
and state elections. [61 v. 154.]
FORMS AND [NSTRUOTIONS.
[Note. — The following blanks are, in a great measure, the same as
given in previous editions of the school law, with such revisions and
alterations as conformity with the present law renders necessary.J
CHAPTER I.— FORMS FOR SCHOOL DIRECTORS.
I. NOTICE OF SUB-DISTRICT SCHOOL MEETING, FOR THE ELECTION OF
DIRECTORS.
Notice is hereby given to the qualified voters of sub-district No. , of
township, county, Ohio, that the next annual school meeting for the election
of a school director in said district will be held at the school-house [or usual
place] in said sub-district, on Monday, the day of April, 18 — , beginning at
o'clock p:m. [a:m.], and closing at o'clock p:m. [a:m.].
Clerk.
Note.— [The above notice to be posted in three or more conspicuous places, at
least six days prior to the election. Sections 3916 and 3917.
When two directors are to be elected, one for three years, andjone to fill the
unexpired term of a director who has vacated his office, this fact should be stated in
the notice, and also on the ballots and tally-sheet.]
II. POLL-BOOK
Of the election held in sub-district No. , in the township of , in the county
of , and State of Ohio, on Monday, the day of April, in the year A. D. 18—.
A. B., Chairman, and C. D., Clerk, judges of said election, were severally sworn,
as the law directs, previous to their entering on the duties of their respective offices.
Number and names of electors.
Number and names of electors.
No. 1
No. 5
6
7
8
2
8
4
It is hereby certified that the number of electors who voted at this election is
, Chairman,
, Secretary,
Judges.
See section 2960, Revised Statutes.
ISO
OHIO SCHOOL LAWS.
Forms and Instructions.
III. TALLY-SHEET
Of the election held in sub-district No. , in the township of -
of , and State of Ohio, on Monday, the day of April, in the year A. D»
18 — , to elect a director for said sub-district.
-, in the county
Names of candi-
dates.
Tallies, showing number of votes given for each
candidate.
Total.
We certify
That-
That-
That-
That-
That-
had
had
had
had
had
And that
election above mentioned.
votes,
votes,
votes,
votes,
votes,
had votes for director of said sub-district, at the
-, Chairman,
-, Secretary,
Judges.
NoTB. — The poll-book and tally-sheet must be signed by the judges of the election
before they separate. No signing after such separation is valid. They must be de-
livered within eight days to the clerk of the township. Chapter IV, section 3917.
IV. NOTICE OF SPECIAL SCHOOL MEETING FOR THE ELECTION OF
SCHOOL DIRECTOR.
Whereas, a vacancy has occurred in the oflSce of school director in sub-district
number , township, county, Ohio, in consequence of the [death,
regignaiion, removal of , failure of quahft-'d voters to meet and elect a local
director on the second Monday of April, 18 — , as prescribed by law, failure of
to qualify as prescribed by law \;
Therefore, we, the undersigned qualified voters of the sub-district aforesaid, do
hereby give notice that a special meeting of the qualified voters of said sub-district
for the election of a school diiector,* for the [ttrm of years, unexpired term of
•See note to form No. I.
SCHOOL OFFICERS GUIDE, 151
Forms and Instructions.
said ], will be held at the school-house [or usual place] of said sub-dis-
trict on the day of , 18 — , from o'clock p:m. [arm.] to o'clock
p:m. [a:m.]
See section 3919,
V. MINUTES OF SUB-DISTRICT SCHOOL MEETING.
Sub-District No. ,
Township, County, Ohio,
, 18—.
At a meeting of the qualified voters of said sub-distiict, held on the second Mon-
day of April, 18 — , lor, if a special meeting, give other datf] was appointed
chairman, and secretary.
Whereupon, said voters proceeded to elect by ballot, one director of said sub-
district, for the term of three years [and one director for year, to fill the unex-
pired term of [ ; and upon inspection of the several ballots given at said
election, it was found and publicly declared, that was duly elected [for
the full term, and for the unexpired term.]
, Chairman,
, Secretary.
Note.— [The clauses in brackets may be omitted when only one school director
is elected.] [See note to form No. II.]
VI. CERTIFICATE OF ELECTION OF SCHOOL DIRECTORS.
To the Clerk of Toivnship, County, Ohio:
This is to certify that a meeting of the qualified voters of sub-district number
township, held on the second Monday of April, 18 — , [or, if special meeting^
give other date] was elected school director, for the term of three yeara.
Witness my hand.
Clerk of Sub- District No.
VIL OATH OF SCHOOL DIRECTOR.
On the day of , 18 — , personally appeared , and I thea
and there administered to him the following oath [o» afflrmation] :
You, , do solemnly swear [or affirm] that you will support the consti-
tution of the United States, and the constitution of the State of Ohio, and that you
will faithfully and impartially discharge the duties of director, in and for said sub-
district, number , township, county, Ohio, according to law and the-
best of your ability.
Director in said Sub- Districts
152 OHIO SHOOL LAWS.
Forms and Instructions.
VIII. APPOINTMENT OF SCHOOL DIRECTOR.
-, 18—.
Whereas, , one of the directors in sub-district number ,
township, county, Ohio, has resigned, [died, or refused to serve, etc.,] and no
election having been held to fill such vacancy as prescribed by law :
Therefore, I do appoint director in said sub-district, who shall hold
his office until the time of the next annual meeting, and until his successor is elected
and qualified.
Clerk of said Township.
IX. MEETING OF SCHOOL DIRECTORS.
-,18-
The school directors of sub-district number , township, county,
Ohio, this day met at , and legally qualified by taking the requisite oath of
office.
Whereupon was appointed clerk of said sub-district.
On motion, it was voted to employ aa teacher, at S per month,
and that the next term of school commence, etc.
Sub-district Clerk,
X. CONTRACT BETWEEN DIRECTORS AND TEACHERS.
It is hereby agreed between the school directors of sub-district No. , in the
township of , in the county of , State of Ohio, and , a legally
qualified teacher in said county, that the said is to teach in the public
school of said sub-district for a term [here insert the timel, for the sum of dol-
lars per month [per day], commencing on the di^y of , 18 — , and for
such services, properly rendered, the said directors are to pay the said
[monthly], the amount that may be due, according to this contract.
Done at a legally convened meeting, and dated this day of , 18 — .
Directors of eaid sub-dislrict Xo. — ,
Teacher.
See section 4018.
XL CERTIFICATE FOR TEACHER'S PAY.
To the Clerk of Township, County, Ohio:
This is to certify, that , under a contract duly made and entered into,
taught a common school in sub-district number , of said township, from the
SCHOOL OFFICERS GUIDE. 1 53
Forms and Instructions.
■ day of , 18 — , to the day of , 18 — , in all weeks, at
per month ; and that there is due him for said service the sum of •
Directors,
XII. COMTRA.eT FOR FUEL, REPAIRS, ETC.
This memorandum of an agreement, made this day of , eighteen hun-
dred and , at a meeting legally conveced, between , and
the directors of sub-district, number , township,
county, Ohio, witnesseth-: That said agrees to deliver at the school-
house in said sub-district, on or before the day of next, bushels of
coal [or cords of wood] of a good quality, at cents per bushel [or$ per cord.]
And said directors are thereupon to certify in favor of said , for the
sum due for said fuel.
Directors.
Contractor.
Note.— [All contracts made under section 3987, chap. 8, of the school laws must
b3 reported to the township board at their next meeting.] See also sec. 3974.
XIII. CERTIFICATE OF AMOUNT DUE FOR FUEL, ETC.
' , .18-.
To the Board oj Education of Township, County, Ohio:
This certifies that has delivered at the school-house in sub-district
number , township, bushels of coal, under a contract duly made
and entered into, and that there is due him on said contract the sum of | .
Witness our hands.
Directors.
XIV. DISMISSAL OF TEACHER.
Whereas, it has been represented to us, and on due investigation we have found,
according to our best judgment and belief, that , who has been em-
ployed" and is now engaged in teaching a school in sub-district number ,
township, county, Ohio, is negligent {or here insert any other sufficient cause) as
such teacher;
Therefore, is hereby dismissed as teacher of said school.
Done at a legally convened meeting of said board this day of , 18—.
Directors of said sub-district.
154 OHIO SCHOOL LAWS.
Forms and Instructions.
Or : Whereas, we have been required by the board of examiners of county,
to dismiss , now engaged as a teacher in sub-district number ,
township, and county aforesaid, the said board of examiners having revoked his
certificate for cause:
Therefore, said is hereby dismissed as teacher as aforesaid.
Done at a legally convened meeting of said board of directors this day of
,18-.
Witness our hands.
Directors.
XV. VISIT TO SCHOOL.
This day the undersigned, local directors in sub-district number
township, ^ county, Ohio, in company with and , who
were invited for the purpose, visited the school in said sub-district, taught by
, and the following was the result of the examination and visit:
They found, etc. (Here set forth the opinion as to the management of the school, etc.)
Directors.
CHAPTER II.^FORMS FOR TOWNSHIP BOARDS OF EDUCA-
TION.
XVI. NOTICE OF MEETING TO VOTE A TAX FOR BUILDING PURPOSES.
Notice is hereby given by the board of education of township,
county, Ohio, that there will be a special meeting of the qualified voters of said town-
ship at , on the day of , at o'clock ., to consider the ques-
tion whether a tax ol hundred dollars shall be levied upon the taxable property
of said township to purchase a school-house site and to build and furnish a echool-
house \or ft/r either of these purposes, as the case may 6e,] in sub-district of said
township, the erection of the school-house being, in the opinion of the board, neces-
sary, and the rate of tax which the law authorizes the board to levy being insuffi-
cient for the purpose ; and the further questions whether the levy shall be made
from year to year thereafter, and what amount shall be levied each year until the
actual cost of such site and building is raised.
By order of said board of education,
, Clerk.
, , 18—.
Note.— The ballot used at such an election may be something like the following:
FOB TAX LEVY POK SCHOOL 8ITK AND BUILDING.
For levying tax to purchase site and erect thereon a school building, at a cost
not to exceed $ . No. [Yes.]
SCHOOL OFFICERS GUIDE. I 55
Forms and Instructions.
Fjr levying this tax from year to year according to law, the levy in any one
year not to exceed $ , until the sum of 9 and accrued interest is raised and
paid. No. [Yes.]
The above form may by slight alterations be adapted to cases in v^hich other
than township districts are interested.
XVII. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOARD.
Notice is hereby given that there will be a meeting of the board of education of
township, county, Ohio, on the day of at o'clock
at , to consider the question , and other business which may be considered
necessary to transact.
, Clerk.
, , 18—.
Note. The purpose for which a meeting is called should be stated in the notice
XVIII. CERTIFICATES OF ANNUAL ESTIMATES.
To the Auditor of County:
It is hereby certified by the board of education of township, county,
that the entire amount of money necessary to be assessed on the taxable property of
said township, and expended therein, for school and school-house purposes, during
the next school year, as directed by section 3958, of the revised statutes, is dollars,
as follows :
For continuing sub-district schools $
For incidental or contingent expenses
For building purposes
For payment of teachers in township school
Total , ^ $
By order of Township Board,
, Clerk.
. , 188-.
XIX. CERTIFICATE OF ANNUAL ESTIMATES FOR JOINT-SCHOOL.
To the Auditor of County:
It is hereby certified by the board of education of township, county,
Ohio, having charge of the school in joint sub-district number , composed of
parts of and townships, that the amount of money necessary to be as-
sessed on the taxable property of said townships, to pay the expenses of said-joint
school during the next school year, as directed by section 3961 of the revised statutes
of Ohio, is dollars, as follows:
TOWNSHIP.
For continuation of joint school $
For payment of all other expenses
Total "$
156 OHIO SCHOOL LAWS.
Forms and Instructions.
TOWNSHIP.
For continuation of joint school ....
For payment of all other expenses.
Total
Th3 number cf youth enumerated in September last, in the respective parts of
the townships included in said joint sub-district, was as follows: township,
; township, ; total, .
By order of the Board of Township.
,' Clerh.
, , 18-.
Note.— [In case the townships having territory in a joint sub-district are situated
in diflFerent counties, a copy of the above certificate of estimates should be sent to
the auditor of each county.]
XX. DIFFERENT MODES OF ALTERING SUB-DISTRICTS.
Resolved by the hoard of education of township, That there be transferred and
united with sub-district number — , so much of sub-district number — , as is bounded
as follows : {describe boundary.)
Reiolved by the hoard of education of township, That sub-district number —
is hereby abolished, and there is hereby transferred to and united with sub-district
number — , so much of the territory of said abolished sub-district as is bounded as
follows: {describe boundary), and so much of said abolished sub-district as is not
herein united with sub-district number — , is transferred to and united with sub-
district number — . This resolution shall take effect on the day of , 18—.
Resolved by the board of education of township. That so much of sub-dibtrict
number — , as is bounded as follows: {describe boundary), be cut off from said sub-dis-
trict, and that so much of sub-district number — as is bounded as follows : {describe
boundary,) be cut off from said sub-district, and that the territory thus cut off from
sub-districts number — and — , respectively, is hereby consolidated and formed into
a new sub-district and designated sub-district number — of township.
Resolved by the board of education of township, That sub-districts number —
and — are hereby abolished, and that the territory included in said sub-districts
at the time of their abolishment is hereby consolidated and formed into a new sub-
district, and designated sub-district number — of township. This resolution
shall take effect on the day of , 18 — .
Note. — When a new sub-district is formed the township board should call a meet-
ing of the qualified voters to elect local directors. [Chapter 4, section 3922.]
XXI. NOTICE OF ELECTION IN A NEW SUB-DISTRICT.
Whereas, The board of education of township, county, did, at their
last regular meeting, the third Monday of , abolish sub-district number — , [or
sub-districts number — and — ) and form from the territory of said sub-district, and so
much of sub-district number — as is bounded as follows : {describe boundary), a new
sub-district, to be known as sub-district number — :
Therefore, notice is hereby given to the qualified voters of said sub-district, thus
SCHOOL officers' GUIDE. 157
Forms and Instructions.
organized and designated, that a meeting for the election of three school directors
will be held at , on the day ot , from — o'clock to — o'clock
., said election to be conducted as prescribed in section 3922.
By order of the Township Board.
, Clerk.
, , 18-.
Note. — See remark (d) under section 3913.
XXII. ORGANIZATION OF A JOINT SUB-DISTRICT SCHOOL.
RESOLUTION OF BOARD TRANSFERRING TERRITORY.
Resolved by the Board of Education of Township, That so much of sub-district
number as is bounded as follows : (describe boundary), is hereby transferred, if
the board of education of township concur in such transfer, to the said town-
ship for school purposes, to form with so much of said township as is bounded as fol-
lows: (describe boundary), a joint sub-district, the school-house therein to be situated
in said township.
RESOLUTION OF THE BOARD RECEIVING THE TERRITORY TRANSFERRED.
Resolved, That the board of education of township hereby concurs in the
action of the board of education of township transferring so much of said
township as is bounded as follows: (describe boundary), to thia township for
school purposes, to form with so much of the territory of this township as is
bounded as follows : {describe boundary), a joint sub-district with school-house in this
township.
XXIII. PETITION TO BOARD OF EDUCATION FOR JOINT SUB-DISTRICT.
[To be placed on file by the clerk of the board,]
To the Board of Education of township : '
, 18-,
Gentlemen: We, the undersigned electors, residing in the territory hereinafter
described, do hereby most respectfully pray your honorable body to establish a joint
sub-district ^special district, additional sub-district} embracing the territory bounded as
follows : (describe the boundaries and set forth reasons causing this petition.)
And thus the undersigned shall ever pray, etc.
[Sections 3931, 3932, and 3946.]
XXIV. CLERK'S NOTICE TO MEMBERS OF BOARD.
, , 18-.
Dear Sir: You are hereby notified that a petition signed by
township [or townships], has been presented and filed, praying for the erec-
158 OHIO SCHOOL LAWS.
Forms and Instructions.
tion of a joint sab-district ^special di$trici, additional sub-district] to comprise the terri-
tory bounded as follows : {describe the boundaries.)
The board will meet on , the of , 18 — , at o'clock ,
for the purpose of considering the prayer of the petitioners. The presence of every
member is desired.
, Clerk.
[Chapter 5, section 3933.]
Note. — [A notice, like the above, with a slight change required, must be sent "to
the clerk«« of all other boards of education having jurisdiction over any of the terri-
tory Sought to be affected ; and such clerks, upon the receipt of such notice, shall in
like manner give notice forthwith of the filing of such petition, and of the time and
place of meeting to each member of their respective boards."] [Chapter 5, section
8933.]
XXV. PETITION TO PROBATE JUDGE.
, T— , 18-.
Hon. , Probate Judge of county, State of Ohio :
Whereas, the boards of education of township, county, Ohio, and of
township, in said county and state, having refused, at a meeting held [state
time and place] to grant our petition [or having failed to meet within the time pre-
scribed by law to consider our petition] praying for the creation of a joint sub-dis-
trict [special district, etc.,'] said petition having been filed with the clerk of said
township board of education, as prescribed by law, on the day of , 18 — ;
Therefore we, the undersigned petitioners and electors, residents in the territory
hereinafter described, do hereby most respectfully pray and petition you to appoint
three judicious, disinterested men of county, and not residents of the town-
ship [or townships or districts] to be affected by this petition, to consider the crea-
tion of a joint sub-district embracing the territory bounded as follows : [describe the
boundaries ]
And thus we shall ever pray, etc.
[Sections 3934 and 3938.]
Note.— The above form may be readily adapted to cases as they may arise.
XXVI. REMONSTRANCE AGAINST JOINT SUB-DISTRICT.
Son. , Probate Judge of county, Ohio :
Whereas, the boards of education of township, county, Ohio, and
of township of said county and state, at a j^nnt meeting held on day of
, 18—, did establish a joint sub-district composed of territory lying within the
limits of said townships and bounded as follows: [describe boundary.]
Therefore we, the undersigned petitioners and electors, residents of the territory
thus described, do hereby remonstrate against the action of such boards, and do most
respectfully pray and petition you to appoint three disinterested judicious men of
SCHOOL OFFICERS GUIDE. 1 59
Forms and Instructions.
county, not residents of the township to be affected by this petition, to con-
sider whether the action of said boards should not be set aside, for the following rea-
sons, to-wit: [give reasons.]
Note.— In case the townships lie in different counties or a village or special dis-
trict is affected, the above form may be changed to suit the circumstances.
XXVII. APPOINTMENT OF COMMISSIONERS BY PROBATE JUDGE.
, , 18-.
Mr. .
Dear Sir: By virtue of authority conferred by law [section 3938 of the revised
statutes of Ohio], and in response to a petition on file in this oflBce, praying the cre-
ation of a j')int sub-district [gpecial district, etc.}
I hereby appoint you a commissioner to consider the prayer of the petitioners — a
•copy of which petition will be laid before you — and you are hereby notified and di-
rected to meet the other two commissioners, appointed for a similar purpose on
the day of , 18—, at o'clock at the school-house in sub-district
No. , township, — '■ county, [if not a school-house then designate the
place], to consider the expediency of creating a joint sub-district Ispecial district, etc.'],
and report to this office the result of your deliberations.
, Probate Judge.
XXVIII. REPORT OF COMMISSIONERS.
, , 18-.
E(m. — , Probate Judge of county, Ohio.
Dear Sir : We, the undersigned commissioners, acting under your appointment
and instructions, dated the day of , 18—, respectfully report that we met
agreeable to notice, and after due deliberation and consideration of facts, have granted
[or refused, as the case may be,] the prayer of the petitioners, and have [not] established
a j^int sab-district, a plat and boundaries of which are hereby submitted, and have
designated a' site for a school-house [if there is no school-house within the boundaries
given].
^ Commissioners'
fSee section 3941.] 5
Note.— [Forms XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, may easily b*
varied to apply to the " creation of an additional sub-district, or for changing the line*
of sub-districts, or for the creation of special school districts, or for changing the lineg
of special or village districts, and adjoining sub-districts."] [See section 3946.]
l60 OHIO SCHOOL LAWS.
Forms and Instructions.
XXIX. ASSIGNMENT OF SCHOLARS TO CENTRAL HIGH SCHOOL.
The board of education of township, county, OhiOj met this day
and assigned the following scholars to the High School :
From sub-district No. :
A. B'.
CD.
Etc.
From sub-district No. :
E. F.
G. H.
Etc.
{The aisignment from each tub-district being specified in like manner.)
By order of the Township Board,
XXX. APPOINTMENT OF LIBRARIAN.
-, , 18-.
The board of education of township, county, has this day appointed
to act as librarian, and to take charge of the school apparatus of said
township, for term of year.
By order of the Board,
, Clerk. \
XXXI. BOND OF LIBRARIAN.*
Know all men by these presents, that we, and , are
held and bound unto the State of Ohio in the sum of hundred dollars, for the
payment of which we jointly and severally bind ourselves. Signed and sealed by us
this day of , eighteen hundred and .
The condition of this obligation is such, that whereas, the board of education of
township, county, on the day of , eighteen hundred and
-, appointed and authorized said to act as librarian and to take
charge of the school apparatus of said township district.
Now, if said shall faithfully, honestly, and impartially, and in
accordance with such rules and regulations as may, from time to time, be prescribed
by said board, discharge his duty under and by virtue of said appointment, for the
term of year, and until his successor shall be duly appointed, then this obligation
shall be void.
, [seal.]
, [seal.]
Attested :
■"This form is authorized but not required by law.
SCHOOL officers' GUIDE. l6l
Forms and Instructions.
XXXII. ORDER ON TOWNSHIP TREASURER FOR TEACHER'S PAY.
, 18-.
No. .
To the Treasurer of Towmhip, County, Ohio :
Pay dollars for services as teacher la sub-district , of said township,
from , 18 — , to 18 — , in all weeks, at per .
Towmhip Clerk.
$ .
Received on the above order, , , 18 — , of , Township
Treasurer, the sum of dollars.
-, Teacher.
NoTK. — The above order should be countersigned by the president of the board
in case of a teacher of a township high school.
XXXIII. ORDER ON TREASURER OTHER THAN FOR TEACHER'S PAY.
No. . .
To the Treasurer of Township, County, Ohio.
Pay , or order, dollars, for (gpecify for what purpose the money is
paid) from the contingent school fund {or from the school building fund.)
By order of the Township Board,
•, President.
-, Clerk.
% .
Received on the above order, , -, 18—, of , Township
Treasurer, the sum of dollars.
See section 4047.
XXXIV. LEASE TO SCHOOL DISTRICT.
Know all men by these presents :
That , of the county of , and State of , for the consideration
herein mentioned, does hereby lease unto the board of education of the township of
, county and state aforesaid, its successors and assigns, the following premises,
to wit: [Here insert description], with all the privileges and appurtenances thereunto
belonging ; to have and to hold the same for and during the term of years from
the — day of , 18 — . And the said board of education for itself and assigns, does
covenant and agree to pay the said for the said premises, the annual
rent of dollars [Insert date of payment].
11
1 62 OHIO SCHOOL LAWS.
Forms and Instructions.
In witness whereof, the said parties hereunto set their hands and seals, this
of ,18-.
, [seal.]
LetiOT.
, [SBAL.]
Chairman of the Board,
, [seal.]
Clerk.
Signed, sealed, and acknowledged in the presence of —
Sbate of Ohio, County, ss. :
Before me, a in and for said county, personally appeared ,
grantor in the above instrument, and acknowledged the same to be voluntary
act and deed, for the uses and purposes therein mentioned.
In testimony whereof, I have hereunto subscribed my name and aflBxed my
seal, this — day of ,' A. D. 18—.
NoTB. — If the lease be for three years or more, it must be acknowledged, attested
byltwo witnesses, and recorded. If for a less term, it need not be executed with
these formalities. See section 4112. The consideration may be money or anything
else, and the form varied accordingly. The above form is for a long lease.
XXXV. TOWNSHIP TREASURER'S BOND.
Know all men hy these presents : That we.
■ , are held and firmly bound unto the State of Ohio, in the sum of
dollars, for the payment whereof we jointly and severally bind
ourselves.
Signed and sealed by us this - day of , A. D. eighteen
hundred and •
Whereas, the said has been duly elected and qualified as treas-
^j,gy Qf township, county, and State of Ohio, for the
^j.jjj of year— from the day of April, A. D. 18—, and until his successor is
elected and qualified, and is therefore ex-officio treasurer of the board of education
of the township district of said township.
Now, the condition of the above obligation is such, that if the said
shall faithfully disburse, according to law, all school funds which come into his hands,
then this obligation shall be void ; otherwise it shall be and remain in full force.
, [SBAL.]
, [seal.]
, [seal.]
The above bond approved by said board this day of , A. D. 18—.
__ — - ^
President of said board.
Clerk of said hoard.
SCHOOL officers' GUIDE. 1 63
Forms and Instructions.
The State of Ohio, county, township, m. ;
Before me, , clerk of said towuBhip, personally came ,
who, being duly sworn according to law, says that he will support the constitution of
the United States, and the constitution of the State of Ohio ; and that he will faith-
fully discharge his duties as treasurer of the board of education of the township dis-
trict of township, county, Ohio, during his continuance in said oflBce,
and until his successor is chosen and qualified.
Sworn to before me and signed in my presence, on day of , A. D. 18 — .
Township Clerk.
XXXVI. CERTIFICATE OF TREASURER'S BOND.
To the Auditor of county :
It is hereby certified that has executed and filed with me a bond for the
faithful disbursement, as treasurer of township, county, of all school
funds that may come into his hands as such treasurer ; which bond, dated April — ,
18 — , is in the penalty of dollars, and has been approved by the board of ed-
ucation of said township.
Clerk of said township.
Note. — [The above can be altered so as to apply to the bond of the treasurer of a
separate school district.]
XXXVII. TREASURER'S BOND.
We hereby acknowledge ourselves firmly held unto the State of Ohio in the sum
of dollars, for the payment whereof we jointly and severally bind ourselves,
our heirs, executors and administrators.
Signed and sealed by us, this day of , A, D. 18 — .
The condition of the above obligation is this, that the said has
been duly chosen and qualified as treasurer of the board of education of the *
District of , in township, county, and State of Ohio, for the
term of one year from the day of April, A. D. 18—, and until his successor is
chosen and qualified ; now if the said shall faithfully disburse, ac-
cording to law, all school funds which come into his hands, then this obligation shall
be void ; otherwise it shall be and remain in full force and eff'ect.
, [SKAL.]
, [seal.]
, [seal.]
The above bond approved by said board this day of , A. D. 18 — .
Prendent of said bear
>
Clerk of said board.
1 64 OHIO SCHOOL LAWS.
Forms and Instructions.
The Slate of Ohio, county, tovmgJiip, ss. :
Before me, t , personally came , and was duly sworn,
according to law, to support the constitution of the United States, and the constitution
of the State of Ohio ; and perform faithfully his duties as treasurer of the board of
education of the * district of , in township,
county, Ohio, during his continuance in said cflBce, and until his successor is chosen
and qualified.
Sworn to before me and signed in my presence, on this day of ,
18—, by the said .
of gaipl board.
XXXVIII. CLEEK'S BOND.
Know all men by these pretents : That we, , , are
'held and firmly bound unto the State of Ohio, in the sum of dollars,
for the payment whereof we jointly and severally bind ourselves.
Signed and sealed by us this day of — , A. D. eighteen hun-
dred and .
Whereas, the said has been duly chosen and qualified as clerk of the
board of education of * district of , in town-
ship, county, and State of Ohio, for the term of one year from the
day of April, A. D. 18—, and until his successor is chosen and qualified.
Now, the condition of the above obligation is such, that if the said,
shall faithfully perform all the official duties required of him f s clerk of said board,
then this obligation will be void ; otherwise it shall be and rema'n in full force.
, [seal.]
, [seal.]
~t , [seal.]
The sureties on the above bond, and its amount, approved by said board this
day of , A. D. 18 — .
Prendent of said board.
Clerk of said board.
The State of Ohio, county, , tovmship, ss.:
Before me, t , personally came , who, being duly sworn
according to law, says that he will support the constitution of the United States and
the constitution of the State of Ohio; and that he will faithfully discharge his duties
as clerk of the board of education of the * district of , in
township, county, Ohio, during his term of office, and
until his successor is chosen and qualified.
of iaid board.
fThe oath may be administered by the clerk of the board, or any of its members>
See section 3979. Here write (using correct name) "A. B. clerk (or a member) of the
board belovj named."]
*[Here write " fiWa^e " or " special," &8 maybe.
SCHOOL officers' GUIDE. 1 65
Forms and Instructions.
XXXIX. TOWNSHIP CLERK'S BOND.
Know all men by these presents: That we, , , are held
and firmly bound unto the State of Ohio, in the sum of dollars, for the
payment whereof we jointly and severally bind ourselve«.
Signed and sealed by us this day of , A. D. eighteen hundred
and .
The condition of the above obligation is such that, whereas, the said
has been duly elected and qualified as clerk of township,
county, and State of Ohio, for the term of one from the day of April, A. D.
18—, and until his successor is chosen and qualified, and is, therefore, ex-oflScio
clerk of the board of education of the township district of said township.
Now, if the said shall perform faithfully all the oflBcial duties
required of him as clerk of said board, then this obligation will be vcid ; otherwise it
will remain in full force.
, [seal.]
, [seal.]
. [seal.]
The sureties on the above bond, and its amount, approved by said board this
day of , A. D. 18 — .
_____ ^
President of said board.
Clerk of said board.
The Slate of Ohio, county, toivnship, ««. :
Before me, , clerk of said township, personally came ,
who, being duly sworn according to law, says that he will support the constitution of
the United States and the constitution of the State of Ohio; and that he will faith-
fully discharge his duties as clerk of the board of education of the township district
of township, county, Ohio, during his term of office, and
until his successor is chosen and qualified.
Sworn to before me and signed in my presence, on this day of ,
A. D. 18—.
Towmhip clerk.
XL. EEPORT AND CERTIFICATE OF SCHOOL FUNDS IN TREASURY.
We hereby certify that, by a count, as required by law, of all the money, bonds,
and securities in the hands of , treasurer of township [or
district], county, Ohio, made this day of ,
18 — , in the presence of the clerk of the board, we find dollars [and bonds,
etc., in value amounting to dollars] school funds to be in the treasury on the
[tThe oath may be administered by the outgoing clerk of the board, or by any
of its members. Here write (using correct name) " A. B,, clerk (or, a member) of the
board below named."]
1 66 OHIO SCHOOL LAWS.
Forms and Instructions.
date above named, and we have directed the clerk to enter upon the records of the
board a copy of this report.
(Signed,) ,
Board (or committee.)
Attest, , President.
, Clerk.
[See section 4043, Revised Statutes.]
XLI. FINAL RECEIPT OF TOWNSHIP TREASURER.
Received, , 18 — ,of , late treasurer of township,
county, the following moneys and school property, to wit.:
dollars, being part and parcel of the fund, also, etc.
>
Treasurer.
XLIL FINAL RECEIPT OF TOWNSHIP CLERK.
Received, , 18 — , of , late clerk of town-
ship, the school-money account- book, the record book of the township board, the copy
of the school laws, the certificate and reports of teachers required by law to be filed
in his oflSce, and the other official books and papers relating to schools, in his hands.
Clerk of taid board.
[See section 4054.]
Note.— [The incoming clerk should be specially careful to receive all the books
and documents specified in the above receipt. This form can readily be altered to
answer for any other district.]
SCHOOL OFFICERS GUIDE.
167
Forms and Instructions.
ol)
03
H
o
W
o
^>^
2 ^
'a ^
O o
'=' 1
O
^
OQ
Oj
nn9iqB
sXisp IB50X
1 :)5;;^ i?;;^^ ;:^
•jnasaad
P.
■"1
<y> \ cc 1 : : : : : : i : : : : : 1 | : :
00 fe |MH!ktX MKJMX'- i:|:!
''I H !««!><>< MKJMXX ::|i:
"^ 1 ^ j : : >^ M « X •; « M K j : | : !
"O H |«Mi«: XMJKWM ii|i:
tkI s |hhhm mm;;m^ i:|M
:>5; ^ i i
•ot >ri 1— lO in 10 « ■><< <o -»" ■<>» : ;
to-*
ci 1 CO
: : : : : ;::::: ; : i : : j
■-ij fa j'-'xixM XX^X'-'M i:|::
m| ^ I^Ki^H KjMxxx i;|ji
SJ ^ i''x;M« M^MMXM MlM
°X \ H [hX^XK HM«XXX Mj:-
§5 S |«H«xK «MX «--. i ; 1 i i j
■s,
^1 i?: i i
eo3»
CO
^1 00 11;:.= : : i : 1 ■ i : | : :
S| fM JM!«!X«i XXX^XX -Mii
s| H l^o^i"^! x-Kjxx iilM
?5| ^ IhXXx; XXXixi ::|:i
S3 Eh 1 « XX : j X--- i X 1 1 • | j •
53 1 S |xxxx: xxxlx: i:|i;
OS
2 1 03 1 •: : : : I I : : • I : i : | : :
2 1 fe 1 X ; "^ X i X X X X i j j : 1 : i
S| H |-~!^>^: XXXXJj :i|ii
SJ ^ |«-.XXMi XXXXJi :;|li
SJ H I^KKji: xiiKiMii ;i||!
3| a Ixxxii xixxii iijii
eS^
ootceoosio ot^eo^;*^
eoo
1^
Name of pupils.
Charles Ames
Willis Ames
John Brown
Floyd Smith
Frank Spencer —
Mnrv Amp's
Jane Abbot
Carrie Dodge
Anna Smith
Sallie Turner..
Sarah Bell
Average age...
II
■ON
i-idecTj<io «;
t>OCO»Oi-l
M.S^o g -
g o;^ co-o
a§l«§S
.0 *"" a* _,
° a, =3.^5 2
■&§ rj* a-O
^^ " fe a 9
>" es "^ s —
•« O.S OS S'C
^ ? _ D C( S
'O'^.ap.ga
S OS— t»J3 o
£ A 5..Q -^ ""
oj 3-wS aJ
5"-'o5'^ oS-P
7! -g. 03 o i a)
h _ „iE aj"-
gis^ is o .
aj^soc (*.P &
>-**-' o aJ a?^
^aj-g S'O'O
.i»-'OP „£l
!^ d p.— ■ 2*^
■OS: e->..3
Moj'^i^as
"S 08 ^ P oj
S a) ©"g p 5j
« S^2.P
^ PC 03 a> "
* .S* "* S ''^ 03
g-5'o o'^.p
"-gppfl-^
a ° « p 2
5 p pj P.w^
g .-Cxi p-g
P O Z^uA
t) PMH^O *-.^
_- a? .- *-< 1^ 'O
^ fc.5 o g p
•* t^ .P fc^ •-' hn
P.*^ g ^ P *,
ap aj ..52
a^_n a) P fl P
. -S 'J £ S a)
>>P P.i.i5 „
*&^SoP
■gSg.p P t;a>
S S"^ ff, 2 <D
00! «-2 5; 9
a).p O S ""
I 2»r-.-9.»•
'• es a> o „ P
** »-< a> oSj*<
1 68
OHIO SCHOOL LAWS.
Forms and Instructions.
C3
W
H
CB
I— (
Q
CO
a
o
E^
H
•7S
a
o
o
M
BO a :: 1 :■:!::•• j :
«£ M : 1 M M M M M
Eb
.£3
&^
^ 1 M M M M M i M
1
i i M i i M M i M
&,
^
H
1
IS
Pt.
1 i I i : M M 1 ! M
.a
^ 1 : i 1 : I : : : I I I I :
H
1^
bo
Pupil's name.
: ; ! 5 1 1 : 1 1 ! 1 ! j
j : : : : i : : : i : : : i
1 ! i ! i : i i i i : i i
i i i ; i • 1 i ; = i i i
No.
:::::::!:::::
OE
^^~ ' ^ TJ *^
<= c *t a 5g
OQ '" r^ 3
s>t«'~W —
c ^ oj es g
<» ® c n oj
r3 a: .^ .^ .*j
-^ ® S 3
«- c S 2
C « .^ 4^'*'
= o . S~
o. i
73
S
S
at
J3
hi
•«->
<v
a.
m
p
S> Q
<V,
<D,
a
<D
' 'i c o a
.^ o to a
S 1= ^ X * »-
.S'S
O)
<^'?1 a'? —
o a
a'r — o oe a
fc, — -^3 SOW — c a*^
C-2 Sf ^'^ D --
o, 08 aj aj "*>" r^'
~ o « a^ 5r>
&■ C <» » "- ^^ -.-
2 "^ =3 ._0 0)
- J I— I fc. ,-^JO en
5 g « S.T'aj «
-2.S S w C «o 00
gj S <" -uH-S a
..a o
"« as
o ®
-a fe
^ r. (»
a -«-« s
«:3 St: c.^
93
S^agSg-S;:^
►-"^
a^Ho- ^
-a
<«1
SCHOOL OFFICERS GUIDE.
169
Forms and Instructions.
03
W
H
I— I
O
w
W
H
00
P5
W
o
w
H
>■'
O
t5
-^1
eg S
.2 I
Q 0°
w
«
as
•a
3
2
3
c
X
a>
.a
s
•BjqoSiv
:::•::::::
•Aio^siH -s -n
•Dxsnai IBOOA
•SuTAlBJd
•uo{}isodaioo
•snossot x'BJO
•jBiacuBaS qsxiSajj
•jCqdBiSoao
i 1 i j 1 1 1 j j :|
•oiijaiaqiU'B nan^AV
•onanaqjTiB lei^naii
•SriniiM
::::!:::::
•Snnpds
•SaipBaa
•}9qBqdiv
(•f ..uopDana,, 33S)
•ra^aj suoiA8J(I p»(iojua sifdn j
H i j 1 j : 1 j 1 I i
•^nasq'B sivp jo laqratiK
•iuasaad siBp jo iaqutnii
::::::!:::
:::::!::!:
•looqos paia'jna {idud qoBa 9}BCI
•,93V
■p.
1
<u ::::::: j; :
!i M M M 1 i i 1
'jtaqran^i
170
OHIO SCHOOL LAWS.
Forms and Instructions.
.9
fl
o
I
W
H
OD
I— I
P3
H
H
B
o
<
H
X
1
a
m
•3
0)
n
<»
1
c
V
ft
S
ft
c5
1
a
•2
■>s
a
Hi
6
i
Eh
9i
§
a
s>
as
"S
"O
<V
be
03
k-l
a
1
>>
*3
9>
OI
1
£
ft
p
ft
1
i
>
-<
3
II
a
OS
"5
a
"3
a
,2
*
a
a
"3
a
i
•
1
"3
1^
j
S3
£
■a
>-<
s
J-t
d
_o
te
s
a
«
a
i
3
n
1
a
•aonBntraBxa;
•aoi^BUoaa
■sseio
OS
a
a
2
•aoiiBnica'Bxa:
::::::♦::::::::::
•noiiBii03H
■s,-B[0
2
a>
•UOnBUIUIBXa
•non^ipaa
•SSBIO
••••••|j;;;;;;;«
6
a
•UOUBmiUBXa
•uojiBjioaH
•SSBIO
::::::::::::::::
Mi
a
•uonBainiBxa
•uotmpaa
•S3BI0
j : I : 1 : : I 1 I 1 I : : : :
n
"3
•aoiJBanHBxa
•aoiwioaa
•88 810
j i 1 j 1 i j j j M i M M
be
B
5
•aonBujuiBxa
■aon«U09H
1 1 i 1 i 1 i ; i i ! 1 1 i i :
•88B[
j
i j
j 1
:
SCHOOL officers' GUIDE. 171
Forms and Instructions.
DIBKCTIONS TO TBACHERS,
1. Names of pupils. — Arrange the names of pupils in alphabetical order, with at
least one blank line between the names of the two sexes.
2. Days present.— Write in this column the number of days each pupil was in
attendance during the term,
3. Days absent. — Eeport only the number of days the pupil was absent while a
member of the school. Do not count the days before he entered, nor after he was
withdrawn.
4. Pupils enrolled previous term — If the report is made for the second or final term
of the school year, place a check-mark (x) in this column opposite the names of all
pupils enrolled the previous term. If the report is made for the first term of the
school year, this column is not to befiiled, since the " previous term " in that case would
not be in the current year.
5. Branches of study. — To denote that a pupil pursued a given branch of study,
place a figure one (1) in the proper column, opposite the pupil's name. If he pur-
sued the same study the previous term of the current year, place a figure (2) in the
proper column. Under the head of " alphabet " mark those pupils that received
their first lesson in reading, whatever the mode of teaching. By " oral lessons " is
meant all regular oral instruction, whatever the subjects thus taught ; book lessons are
not included.
6. Rule for finding the average daily attendance. — Add together the number of days
the difi"erent pupils were in attendance, and divide the sum by the number of days
the school was in session. The average daily absence is found in a similar manner^
7. Rule for fiading the average age of pupils. — Divide the sum of the ages of all
the pupils by the number of pupils.
8. Under the columns headed reading, spelling, etc., use letters and figures to
indicate the progess of the pupil and hip standing as a scholar, thus : Under the
word ^' Class," in the reading and spelling columns, let e denote that the pupil is in
the mere elements, I in the First Reader, 2 in tne Second Reader, etc. Under Writ-
ing, ditto. Under Geography and all other branches, e means in the elements.
Figures underscored indicate the page reached in his Primary Geography, Arith-
metic, etc. Figures not underscored indicate the page reached in the Intermediate
Geography ,Practical Arithmetic, etc. Under the words "recitation " and " examina-
tion," put figures to denote scholarship, on a scale of 10. For example : John Smithy
reading, | 5 | 8 1 9 | , arithmetic, | 95 | 9 | 10 | , indicates that John Smith is in the
Fifth Reader, that his term recitation show his scholarship to be 8 on a scale of 10>
and that his examination shows still better scholarship ; also that he reached the
95th page of his arithmetic, and that his scholarship is 9 on daily recitations, and 10
in examination.
\.\ B Ra^
172
OHIO SCHOOL LAWS.
Form.s and Instructious.
a
bo
a
a
a
ID
a
B
•
M
a
h..]
©
■*-"
<D
cu
J3
t— 1
■*^
K
u
iv;
iz;
^
^
.2
W
>.
w
a
H
f^
Ooc
H
H
«
P-i
dl 1
2
n
j/j
&
rt",
P4
H
W
<l
W
H
1
v4
d
>
k;
1-3
.^j
X
.2
QQ
P
^
a
CO
a '
,—1
^
3
o
a.
a>
a
il
c
is
^■^
03 .
OS
a
p.
■0
3
to
<u
JS
a -
ca
t_
pq
1 : = 1 : i i ; : ; ; :
;iii: Miiii
•Tjjqa^tv
•Xjojsih -S •£!
•OHnra IBOOA.
1-1
■StijMBJa
M- X « i ►< j'^ i" i
l>
■noTiTSodraoo
: :M i-^ M i X K !'-'
a
•saussat iviQ
M-^ 1 : : i^ i i'-' i
■*
ivmmvd'Q qst[Saa
\ \x l- i • X X 1 :
00
•itqdBoSoao
: i^,-.^ « i « i jM
<o
•oi^amqjUB najjij ;v
1 j« i'-' -• :>^ H !■-*
(S
•ojiaraq^uB iB}U3K
" i X H : M : :'-' M
<o
•aa.niiM
-■ I M «-^ K :««-< «
o»
•Sani'Jds
«-- M X-i X- « X- «
n
•SajpBaa
H'-'MX- «-iXX'-<X
^
naq^qdiv
i- i I : I : : : i :
-
(tc'S uoi)03J.ia 1, 3^) paiiojua-aa
: M X : : i : : j : M
(., g uo}}03j,ia „ 33S) pauojiia-aa
« = ;!►< i i i :>^ !
•iiuasqw s;£bp jo jaqranvj
?3
•juasajd aivp jo jaqtnnsj
>-tr-l iH <N ri ^ i-t f-H .-1
•a8v 1
oowecosm o«>N-*oo— ■
CO
Names of pupils.
Charles Ames
Willis Ames
John Brown
Floyd Smith.
Frank Spencer
Girls
Mary Ames
Jiuo Abbott
Carrie Dodge
Anna Smith
Sallv Turner
Sarah Bell
•ON
rto^oj-fl-io «et»<»o>o-H
.a
.-V
a
is
03
•o
>.
<u
.Q
3
•0
or
01
...H
3
u>
C
<u
a>
-o
n
m
<]>
,0
"2 o
as
3 a
3 a>
o .C
o "^
a a
a cS
Si?
O !-
a, o
i§
^ -3
00 -a
. a>
S5 "3
■"' «
.3
H
SCHOOL OFFICERS GUIDE.
173
Forms and Instructions.
O
«
w
o
a
H
H
o
•sn^wBddB JO ani^A
•spunoaS
puT? osnoq looqos jo anx^A
('ssiaaAY
f) Tjinoui J8d aaqoroi ;o saSB,\^
•siidnd JO aSe aSojaAV
•aoissas
u[ SBA^ looqos siBp JO jaquiu^i
•uoissas uj
SBAv looqos s3(a3Ai JO jaqmn^
(..•6 lC0:p9Ma „93S)
aauBpnoiiB jo-jaao jad a3uia.Vv
00 t/j
•IBjox
•siito
•siCoa
Average daily
attend 'luce.
{See "Direction
•[BlOX
SWD
i i i i I i 1 1 i : i i
•sAog,
Average
monthly en-
loUment (See
" Direction 7."}
•Wox
i i i M i M M M
•SHTO
•sXog
No. of pupils
enrolled, less
the number
maiked («).
•t^iox
'^WO 1 • : 1 : I : : : i i j ;
•sjfoa
School.
174
OHIO SCHOOL LAWS,
Forms and Instructions.
W
o
o
pq
H
X
w
H
Cm
O
trf
o
eg
I
I— I
Oh
P
Ph
O
03
>^"
Q
D
H
O
W
K
o
PP
«J O .9 " 03
—I a. "^ ^^ ^
o a Q > t3 <t)
^2
^H <-4 O O O CO
■< «
JO be ^
•o 3
S 5 5 2
^ S
>•
o
as
-a
H
SCHOOL officers' GUIDE. 1 75
Forms and Instructions.
TEACHER'S REPORT TO THE TOWNSHIP CLERK— Concluded.
DIRECTIONS TO TEACHKES.
1. Names of Pupils. — Arrange the names of pupils in alphabetical order, with at
least one blank line between the names of the two sexes.
2. Days Present. — Write in this column the number of days each pupil was in
attendance during the term.
3. Days Absent.— Report only the number of days the pupil was absent while a
member of the school. Do not count the days before he entered nor after he was
withdrawn.
4. Ages. — Give the age of each pupil to the nearest birthday ; i. e., if the pupil's
birthday last preceding his enrollment be more than six months past, give the age
at what it will be on the pupil's birthday next succeeding ; but if less, give his age
at his last birthday.
5. Re-enrollments of First Class.-The name of each pupil that has been re-enrolled
in consequence of having attended a previous term of the school year, in the same
school, or in any sub-district school in the same township, should be marked in the
proper column with an asterisk (*).
6. Re-enrollments of Second Class. — The name of each pupil that has been re-
enrolled in consequence of having attended previously in the school year a school in
some other school district in the State, should be marked in the proper column with
two asterisks (* *j.
7. Branches of Study and School Year. — A figure one (1) should be placed in the
proper column, opposite the name of each pupil that pursued that study regularly.
In case a pupil has studied a given branch some previous term of the same school
year — the school year begins September Ist, and ends on the 31st day of the following
August — instead of a figure (I) use a cross (X). Teachers and Township Clerks
should use great care in giving this item.
8. Alphabet. — Under this head are included primary lessons in reading.
9. ' Oral Lessons. — Include all pupils that received regular oral instruction, whatever
the subjects thus taught; book lessons are not included.
10. To find the average monthly enrollment of boys, find the number of boys
enrolled each month ; add these numbers together, and divide their sum by the
number of fnonths in the term. Give the quotient to the nearest integer. The aver-
age monthly enrollment of girls may be obtained in the same manner. A pupil who
is absent the whole of any school month is not to be counted in the enrollment of
that month.
11. To find the average daily attendance of the boys, divide the sum of all the
days attended by the boys, by the number of days taught. Give the quotient to the
nearest integer. The average attendance of the girls can be found in the same way.
176 OHIO SCHOOL LAWS.
Forms and Instructions.
12. To find the average per cent, of attendance, multiply the average daily
attendance by 100, and divide by the average monthly enrollment. Give the quotient
to the nearest integer.
13. Remarks.— Opposite each name enter a "remaik," stating from what Bchool
the pupil was received, if registered in another school in the same township or dis-
trict, at anji time durinq the school year ; or what school he entered, if transferred or
withdrawn during the year. The object of these remarks is to show in what school
the pupil was laU registered.
14. School-houses and Apparatus. — An estimate of their value can easily be obtained
of the directors of the sub-district. Report to the township clerk, on a separate
piece of paper, the condition of the school-house, school furniture, and school appa-
ratus (outline maps, etc.)
SCHOOL OFFICERS GUIDE.
177
Forms and Instructions.
a,
IS
a
o
!2
■3
^ a
03 O
OQ
ocsoo 10
c;2 ■=
lOJXSiOO «
) -r
t*
00
•jupS
oocnMco — ' ! "5
r-l r-lr-l tO Ol 1 O
: «o
1° i
-UIIUOT pUB
«7
:
CC. CO
asnoq-xooqos
1
1 C
0000
0000 : i
1 "^
^^o
0000 :o j 10
(-^
1 CM
OlOOOC-l
00 o) . r~
•pnnj uoi)mx
tc
1 C^
1 '^
c^ CMCM r^
ci c^^ CO ; CO I to
.-.-11-1 :ic 1 .<it
«S> ! «*
1
«»
cm"
: '^a
00 1^ OJ ^
s
• CO Tj* u-j (£> i^ g ;
6
. IZi
e^
»
1 "°
in su
er No.
h.No.
bouse
•3
6
^1
<a
-ii
b "C
72 'O
.Q
^^y 2 :
5 " s to
TO
3
0/
OS ;
tf 3
i ^4
■3
a
0.
M
a
i
l-i
3
.in".
Z
•0
f maps forsiib-d
1 treasury on
voucher No. fi ..
sub-dist. No. 3,3
1,4
2, 4
ihnol -house in i
No. 11 - .
)ol registers f
No. 12
r building scho
3 (partraymen
sub-dist. No. 1,3
2,3
4,4
3,4
balance due on
No. 3, voucher
treasury
Sits
o.S^
S "a.2S£5 2 e'Kc
111 .
OS C^- -
3.S<S
•g= ^ = ?5^5S.-§^ = == c3i
S .;:; >3 ^o-o 5 £ S;3
O- OJ
<u 3
«4
« fc.
&.«
H Ch fe I-, H t-s 23
CTi <Nl^4«
= lO.-
loxocoo T-i -r — t^oo —
r-ir^ C
N —1
I-) !N C4C^C^COCt3 CO
.a ^
38 >
" -n >. tfl
Z
rt 0. « 3
-^
a <j s ^
00
:
:
•;uo8
■*o
-S"
00
i^
in
iCO
.'^
^^
CO
-tiiimo pas
— 05
Oi
m
S
to
ashoq looqos
s
«»
»»
8
c
Oinoo oo>oo
1
s
<r
t-» t^ t^ ccocco
I >o
Cl
Cl
!N 00000 ocvraoo
1 to
•punj nomnx
■;€
n s=»=« -1^'°'^
1 ^
W
«i^
0»
1 ^
i
<o
M
M
O-H
3
EC
'"' 1
Zd
c3
6 i
Z2
— 3
■gss;
i^
S^
.
2
15
2a
cr
.2
g-Q
k2
a
Xii?
'O
a
p.
ag-
c""
3 n
i«3
.55
bi-
"o
OJ
«
ggs
23 2
= a
32
H.§
§.2-^.§«^§.Sl
® *" a
c " 3 M-St:; 32-S-S*
C OS'S o-S cs- 5.2
«•? 3
oaccH
=3 CJ ,-0
,HI>0
,-< C4 lOO
l^)
. '•^ ~(N
^;a
"1 1
12
sa
33
.D 3
.- a
•=3
»H ft,
§■5
.si
a a
an
X ...
S 3 05
o-'O o
3 *<^
O -'in
a .2
~a«
S5.Q
178
OHIO SCHOOL LAWS.
Forms aud Instructions.
<
>
K
H
H
H
!z;
P
O
o
o
-«1
CO
03
W
03
CO
<!
P3
O
H
o
^
a
4J
W
u
H
O
M
TS
H
^
r/)
-J
>— 1
rn
M
^
U4
^
?:
UJ
-*j
iJ
C3
a
o
S
o
o
o
P
1 °
o
lO
luaSapnoo puB asnoqiooqos
en
l«
c
'^
1 -*
8
o
1 •«
o
1 ="
panj noiu"!
§
cc
' ^
^
1 *"
c
2
*>
"O
a
a
«
£
o
ft —
c
c
N
e
c
c
1
a
!
J
1
c
E
c
c
c
t.
a
X
^
c
1 1i i
e
a
c
u
1-
t-4
C
«
'^
^
£i
>
-4-3
c
e
a
5 1
0.
i
(3
c
c
s
.5
? «
s
c
a
cc
C
■1
<a
12
C
E-
a.
c
^
n
c
tc
oc
—
^
S
Ov
?
M
c5
^
(^
X
oc
i
■^ >
tx
2 "n !>. ^^) 60
ca c oi 3 3
^
?
•t
1=
< <
c
c
C
1 o
IC
lO 1 >-•
•^ueSaijuoopn^
esnoiiioaqog..:.
c
5
^
«^
>
1 «*
c
c
,^
g
<£
r-
1 "
c5
c
t^
s
a
c
o
pnrij noiirax
c
<M
c-
c-
cc
oc
c
J>
C
,
a
•**
a
'5
s
(3
1. •
'
i
•
c
a.
a
tw
'3
C
IS
^
s
OJ
*-
^
'?
a
^
p.
^_,
S
p.
>
. 5
c
B
c
'o
<!
c
a
c
c
■a
S
§
01
■0
]
B
z
••J
a
.£
cS
X
c
c
- c
C
■
c
c
2
13
*
c
a
a
o
S
1
i
«
e
"5
•-
-S
c
a
c
CO
H
M
^
H
K
t-
-
8
e<
C4
>£
s
S
•
i
1
*
A
O
c
"^
> 61
a
)
«
o
g
S
•^
<
««!
CC2
2 >- oa
-"7 a>
00 * 3
o5 '^'^ ^
"^ a> a °''
a :s afl
a u c<'>
60 ■= 2 o fl
»
C -^ 60 _
fio>I2 a
O O
a-
55
So
■o ^i-S
c o' o 2
■o-t. a 0)
ea O g ^
s 5
I'M as
2?So
ail «i„
4) 9)5-
•S 25f
SCHOOL OFFICERS GUIDE. 1 79
Forms and Instruetions.
DIRECTIONS TO CLERKS AND TEACHERS.
1. The account of the " School-house and contingent fund " should be kept in
the properly designated columns; and the account of the "Tuition fund" in the
columns marked " Tuition Fund,"
2. For each order drawn or paid, make two entries — one in the general town-
ship account of school funds, and the other in the account of the proper sub-district.
8. All school money received from adjacent townships for the support of a joint
sub-district school should be entered in the general account under the head of
Receipts, and in the proper joint sub-district account under the head of Apportion-
ment. All moneys paid to adjacent townships for the support of a joint sub-district
should be entered in the general account under the head of Expenditures.
4. All money paid by non-resident pupils for tuition in any school of the town-
ship, must be paid to the Treasurer and entered in the general account under the
head of Receipts, and also in the account of the proper sub district under the head of
Apporlionment.
5. The Treasurer's general account should be balanced at the time of the annu-
al settlement with the Auditor in September, the close of the school year. The
Treasurer's sub-district account and both the general and sub-district accounts of the
clerk should be balanced at the close of the school year, and also at the lime the
money, bonds, or other securities, in the Treasurer's hands are counted, as provided
in section 4043.
At the expiration of their terms of official service, the Township Clerk and
Treasurer are required by law to deliver to their successors in office this book and
all other official books and papers relating to schools, in their hands.
LI. REPORT OF THE TREASURER OF TOWNSHIP,
COUNTY, OHIO.
To the County Auditor, for the year ending August 81, 18 — :
(To be made to the auditor on or before the 4th day of September.)
RECEIPTS.
Amount of school moneys received during the year from the following sources,
viz:
Balance on hand September 1, 18— $
State Tax..
Irreducible school funds
Interest on rents on school-land, section 16
Local tax for school and school-house purposes
Amount received on sale of bonds
Fines, licenses, tuition of non-resident pupils, and other miscellaneous
sources
Total receipts
l80 OHIO SCHOOL LAWS.
Forms and Instructions.
KXPENDITDRKS.
Whole amount paid teach- ( "'^^''^ * | ^^
ers in common schools : 1 jji„u c; j *
Amount paid for supervision, exclusive of teaching services —
For sites and buildings —
Amount paid for interest on, or redemption of bonds.. —
For fuel and other contingent expenses —
Total expenditures $ —
Balance on hand September 1, 18 — $
Amount of outstanding orders unpaid September 1, 18— $ — ^
I certify the foregomg to be in all respects, correct.
, Treasurer.
, Ohio, , 18—
The abo\e report should cover only the moneys actually received and disbursed
by the treasurer within the school ypar ending August 31. In case the school funds
arising from the second semi-annual distribution of taxes are not received on or
before August 31, such funds must be reported by the Treasurer among the receipts
of the following year. In case there were outstanding orders unpaid on the first of
September, the amount of such orders should be added to the report, in order that
it may show the entire expenses of the schools within the 3'ear, and thus correspond
to the returns of the Board of Education. All claims upon the school fund for
expenses incurred within the year should be settled and paid, if possible, previous
to August 31.
By "Irreducible School Funds" is meant all funds from the State, as interest on
the Virginia Military, United States Military, or Western Reserve School Funds, and
the rent of, or interest on the proceeds of the sale of " Section Sixteen."
All money paid by non-resident pupils for tuition in any school in the township,
must be paid into the township treasury, to be disbursed on the clerk's order, and
reported under the head of receipts.
The County Auditor transfers all funds belonging to joint sub-districts directly
to the township in which the school is located.
CHAPTER v.— FORMS FOR SCHOOL EXAMINERS, AUDITORS,
ETC.
LII. APPOINTMENT OF SCHOOL EXAMINERS.
Office of Judge of Probate,
County, 0., , 18—.
Being satisfied that is a competent and suitable person to act as a
member of the board of school examiners for this county, I do hereby appoint him
to said office for the term of three years from date, and until his successor shall be
appointed.
SCHOOL OFFICERS GUIDE. 151
Forms and Instructions.
LIII. REVOOATION OF SCHOOL EXAMINER'S APPOINTMENT.
Office of Judge op Pkobate,
County, 0., , 18 — .
Whereas, on the day of , 18—, was appointed to the
office of school examiner of county, for the term of three years ; and, whereas,
evidence has been filed with me, and I have become satisfied that said
is an unfit person to be retained as a member of the board of school examiners of
said county, in consequence of (here slate the came of action.)
Therefore, the said appointment of said , as school examiner of said
county, is hereby revoked.
, Judge of Probate.
LIV. TEACHER'S CERTIFICATE.
[For county.]
No. Cla88 ,
The undersigned, school examiners of county, Ohio, having examined
-, do hereby certify, that possesses adequate knowledge of the theory
and practice of teaching, and is qualified to teach orthography, reading, writing,
arithmetic, geography, English grammar, United States history, physiology and
hygiene, and on the the nature of alcoholic drinks and narcotics and their effects
on the human system ; and that has furnished satisfactory evidence of good
moral character.
This certificate to be valid for the term of months from date.
Given at -: , and dated this day of , A. D., 18 — .
RESULT OP EXAMINATION.
Orthography
Reading
Writing
Arithmetic
Geography
English grammar
Theory and practice..
United States history
Physiology and hygiene
Nature of alcoholic drinks and their
effects on the human system.
LV. REVOCATION OF TEACHER'S CERTIFICATE.
To the local directors of sub-district No. — , tovmsh'p, county, Ohio :
Whereas, the board of examiners of said county, on the day of , 18 — ,
granted a certificate to , authorizing him to teach orthography, etc., for
the term of years, and he is now engaged as a teacher in said sub-district.
And, whereas, it has been represented, and said board has become satisfied, that
is an unfit person to be retained as such teacher, in consequence of
{here slate the offense).
School Examiners.
1 82 OHIO SCHOOL LAWS.
Forms and Instructions.
Therefore, said certificate is hereby revoked [or was] revoked at a meeting of said
board day of , 18 — .
By order of the Board.
, Clerk.
,18—.
NoTB. — [A teacher's certificate may also be revoked when he is not engaged as a
teacher. When this is the case, the first line of the above form should be omitted,
and the last paragraph changed to read as follows: " Therefore, his said certificate
is hereby revoked."]
SCHOOL OFFICERS GUIDE.
Forms and Instructions.
-1
tf
H
w
H
Tti
C/)
O
t— 1
IZi
M
H
ri2
cd
w
1^
^
X
h— 1
»
;^
^
H
M
H
W
«
1-1
O
o
o
a
o
CO
fa
o
o
-Jaa saBS:! jo aaquun^
:::!::!
•cOjBDy!;iaajoiaqainit 1 : I i : i : : : : i : 1 1 I
•aSsjOAv 1 ::.::::!::::::
50
a
s)
g
puw AaaioiSjSqj
•ijojsiH -s n 1 ; i i ; ; ; i ; : i i i j j
-DBjd puB .Oooqx
■JBinamjf) qsnSnji j :::::::
•.^qdBiSoaf) i i i i : j : : : i : : : j
•oi^ainqjuv ! ! • 1 • • • • : J • • • •
■Stiijij.vV 1 i • i : 1 • • : •
i 1 i •
•auipwaa 1 :::::::•!:
•snniads 1 :::::::::
U'Ba.C looqos :•:•:::::
anouno jo giiii,->aiu :::•:::::
•aonafiadxa JO satiex :::::::
•(03 -laputi J!) 9Sv i ; 1 ; ; i i i
•A\i\\%Sii
■s
SS
S>
i
: i : i i : :
a
ft
i
■33JJ UOJlBUIUIBXa
::::;::
184 OHIO SCHOOL LAWS.
Forms and Instructions.
TEACHERS' INSTITUTES.
Constitution of Countij Teachers' Association-
PREAMBLB.
As a means of improvement in the profession of teaching, and of promoting the
interests of the schools in our county, we the undersigned, associate ourselves to-
gether under the following
CONSTITUTION.
Article I. This association shall be called the County Teachers' Associa-
tion.
Art. II. The oflSicers of this association shall be a president, a secretary, and
an executive committee of three members, who shall also perform the duties of a
financial committee.
Art. III. It shall be the duty of the president to preside at all meetings of the
association. In case of vacancy, or in his absence, a president pro tern, may be elected,
or the chairman of the executive committee may perform his duties.
Art. IV. It shall be the duty of the secretary to perform the usual duties
devolving upon such oflScer.
Art. V. The ejiecutive committe shall carry into effect all orders and resolutions
of the association, and shall devise and put into operation such other' measures, not
inconsistent with the object of this association, as it shall deem best. It shall arrange
business for all regular meetings of the association, and shall appoint, under the
direction of the association, at least one such meeting each year. It shall make all
necessary arrangements for holding and conducting at least one teachers' institute
in the county each year. In case the amount of money under the control of the as-
sociation, including the institute fund in the hands of the county treasurer, be in-
suflBcient to defray the necessary expenses of an institute, said committee shall fix
and give due notice of an institute tuition fee to be paid by those attending such
institute. All moneys belonging to this association are to be paid out only on orders
drawn by the executive committee.
Art. VI. The executive committee shall hold its meetings as soon after election
as possible. Two members shall constitute a quorum for business, and afterwards
may meet on their own adjournment or appointment.
Art. VII. Any teacher, or active friend of education, may become a member of
this association, by subscribing to this constitution and contributing aanually to the
funds of the association.
Art. VIII. The oflBcers of this association shall be chosen by ballot, or in such
other manner as the association may direct, at the annual meeting, and shall hold
their oflSces for one year, or until their successors are elected.
Art. IX. This constitution may be altered or amended by a majority of the
members present at any regular meeting, provided notice of such intended alteration
or amendment shall have been given at the preceding meeting.
SCHOOL officers' GUIDE. 1 85
Forms and Instructions.
Forms to be used under the provisions of the Education Law to
compel children under fourteen years of age to attend school a certain
length of time each year. [0. L. 8-6 v. 333.]
NOriFIOATION TO PARENT OR GUARDIAN OF NON-ATTENDANCE.
(Uader Sec. 8.)
0., 189...
To
You are hereby notified that , a minor, between the ages
of and years, who is under your charge and control, is not
attending any school.
You are required by law to cause such child to attend some recognized school
within five days from the date of this notice, under penalty of the law, which pro-
vides as follows :
" "If said parent, guardian, orotlier person having the legal charge and control of said
child, shall willfully neglect, fail, or refui^e to cause said child to attend some recognized school, it shall
be the duty of said officers to make, or cause to be made, a complaint against said parent, guardian cr
other person havmg the legal charge or control of such child, in auy court of competent jurisdiction
in the city, village or township in which the olTjnsc occurre.i, for such refusal, failure, or neglect, and
upon conviction thereof said parent, guardian or other f erson, as the case may be, shall be punished
by a fine of not less than five dollars nor more than twenty dollars, or the court may, in its discretion"
require persons so convicted to give bonds m the penal sum of one hundred dollars, with one or more
sureties to be approved by said court, conditioned that said persons so convicted shall cause the child
or children under his or her legal charge or control to attend some recognized school within five days
thereafter, and to remain at said school during the term prescribed by law." * *" * •
Truant Officer.
*Township, County, Ohio.
*[" Village district," or the name of the city may be written here instead of township.]
COMPLAINT AGAINST PARENT OR GUARDIAN.
(Under Sec. 8.)
a, 189...
To
oH
I, , duly appointed according to law by the Board of Education
*Township, County, Ohio, as Truant Officer of
aid *Town8hip, hereby make complaint that is
1 86 OHIO SCHOOL LAWS.
Forms and Instructions.
of, and has legal charge and control of a minor, between the ages
of and ; years :
That the said is, under the construction of the law, a juvenile
disorderly person :
That in accordance with the Statutes in such cases made and provided, I did on
the day of 189—, notify the said that the said
w^as not attending any school, and requiring that the said
should cause the said to attend some recognized school within five
days from the date of said notice :
That the said has failed to comply with the requirements of said
notice, as provided by law in such cases.
In witness whereof, I have hereunto set my hand this day of — 189 — .
Truant Officer of '^ Towmhip,
County, Ohio
*[" Village district" or the name oftlie city may be Avrilten here instead of township.]
COMPLAINT AGAINST JUVEN'ILE DISORDERLY PERSON.
(Under Sec. 8 )
O., 189...
To
of
I, , duly appointed according to law, by the Board of Education
of *Townehip, County, Ohio, as Truant Officer of
said *town8liip, hereby make the following complaint:
That in accordance with the Statute in such cases made and provided, I did, on
the day of , 189—, notify , the
of, and having legal charge and control of , a minor, between the ages
of and years, that the said was not attend-
ing any school, and requiring that the said should cause the said
to attend some recognized school withiu five days from the date
of the said notice :
That the said having failed to comply with the requirements
of said notice, I made complaint as provided by law in such cases.
Now, whereas, the said having proved inability to cause
the said to attend said recognized school, I hereby make complaint
that said is a juvenile disorderly person within the meaning of the
Statute, and subject to the penalties of the law in such cases made and provided.
In witness whereof, I have hereunto set my hand this day of 189—.
Truant Officer of *Towmhip,
County, Ohio
*[" Village dUtrict" or name of city may be written here instead of township.]
SCHOOL officers' GUIDE. 1 87
Forms and Instructions.
WARRANT FOR THE ARREST OF A JUVENILE DISORDERLY PERSON.
The State op Ohio,
'■ Cou
o, J
NTY. J
To , truant ofGcer, [or any constable or policeman] greeting:
Whereps, there has been filed with me an affidavit, complaining that, under the
provisions '-f an act passed by the General Assembly, April 15, 1889, to compel
children uiider fourteen years of age to attend school a certain length of time each
year, is a juvenile disorderly person: these are, therefore, to com-
mand you to take the said and safely keep so that you have
body fortt with before me, or any court of competent jurisdiction in said county, to
answer the said complaint, and be further dealt with according to law.
Given under my hand, this day of , 18—.
[Here write name of office.]
COMMITMENT.
State of Ohio, County, 1
TowKSHip [village district, > sa,
or city.] j
By , [name of office], to any truant officer, [constable or policeman]
for the said township [city or village] :
These aie to command you in the name of the people of. the State of Ohio to take
and convey to [here insert the name of the juvenile reformatory or county children's
home] the body of who being charged before me on the oath of
, truant officer, with being a juvenile disorderly person, under this
act, I caused the said to be brought before me on said charge, and
I proceeded to inquire into the matter in his presence, and having duly considered
the said matter, was convicted on competent testimony of being a
juvenile disorderly person.
And I having been satisfied by sufficient proof that the said is
a child between the ages of eight and fourteen years, and is of the age of
years, having sufficient bodily health and mental capacity to render attendance
and instruction at some public or private school expedient and practicable,
was adjudged by me to be a proper subject to be committed to the
Now, therefore, you , [here insert name of ofl5ce] are hereby
commanded to receive the said , who is hereby committed by me
to your care in said county children's home, [or juvenile reformatory] there to be
restrained and detained and sent to school until such child ehall arrive at the age of
sixteen years, unless sooner discharged by the board of trustees of said home, [or
reformatory,]
1 88 OHIO SCHOOL LAWS.
Forms and Instructions.
Given under my hand and seal this day of in the year of our Lord
one thousand eight hundred and .
[0. L. 86 V. 336, ? 8.]
[seal,]
Here insert name of office.
CERTIFICATE OF SCHOOL ATTENDANCE.
(Under Sec. 2.)
0., 189...
To all whom it may concern:
This is to certify that has attended my school for a period of
not less than weeks within this year, weeks of which have been
consecutive.
' Teacher of School,
County, Ohio.'
Section 2 provides, "That no child under the age of fourteen jears shall he employed hy any per-
son, companj' or corporation during the school term, and while the public Fchcols are in session,
un.oss the parent, guardian or other persons having care of £uch child, shall be able to give substantial
proof that he or she has fully complied with tlie requirements of Section 1 of this act, or that such
child has completed the usual primary or grammar grades In some public or private school, and such
person, company or corporation shall demand such proof before giving employment to any minor,
and shall malse a record of said proof given, and shall be required, upon the request of the officer
(hereinafter provided for) to allow said officer to examine the said record and also the record as pro-
vided for in Section 6986aaof ihe Revised Statutes, and any person, company or corporation employing
any child contrary to ihe provisions of this act shall be liable to a penalty of fifty dollars for each
offense, to be recovered in an action for debt in any court, or before any justice of the peace having
jurisdiction, and such action shall ba brought in the name of the clerk of the board of education.
CERTIFICATE OF EDUCATION.
(Under Sec. 3.)
0., 189...
To all whom it may concern:
This is to certify that , who is a minor over the age of fourteen
and under sixteen years, can read at sight and write legibly simple sentences in the
English language; as required by law, under the Ohio Laws, Vol. 86, p. 833, Sec. 8.
Clerk of Board of Education of
Ciunly, Ohio.
SCHOOL OFFICERS GUIDE.
189
Forms and Instructions.
Section 3 provides, "That all minors over the »ge of fourteen and under sixteen years, who can not
read and write the English language, shall be required to attend f cbool at least one-half of each day, or
to attend some evening school organized and maintained by the board of education, or to take regular
privat3 instruction from some person qualified, in the opinion of the superintendent of schools in
cities, and the clerk of the board of education In villages and townships, to teacl^such branches, until
he or she shall obtain a certificate from the superintendent of schools in cities, and the clerk of the
board of education in villages and townships, certifying that said minor can read at sight and write
legibly simple sentences In the English language, and every person, company or corporation having
such minor in employment, shall be required to exact such school attendauce from Mich minor, and
be prepared, upon demand of the hereinbefore mentioned officer, to furnish evidence that such minor
does comply wi:hthe requirements of this act, and any person, company or corj oration filling or
neglecting to exact such school aftendance from such minors shall be liable as provided for in Section
2 of this act; provided, such person, company or corporation shall not have made provisions for the
private instructions of such minors."
NOTICE TO EMPLOYERS OF YOUTH.
To
[here insert name of person, company or corporation].
Your attention is respectfully called to sectiona 2, 3, 6 and 12 ot an act passed by
the General Assembly, April 15, 1889, to compel children under fourteen years of
age to attend school a certain length of time each year.
In compliance with the provisions of this act, you are requested to return to me
on this blank the names, ages, and residence of all minors under fourteen years of
age employed by you, also all minors between fourteen and sixteen years of age,
and to state whether you have a certificate from the superintendent of schools, or
clerk of the board of education, that authorizes you to employ such minors.
* Clerk of
Board of Education.
Name of minor.
Age.
Residence.
Certificate— Yes or no.
*In cities this notice may be signed by the superintendent of schoole.
190
OHIO SCHOOL LAWS.
Forms and Instructions.
TEACHER'S REPORT.
(Under Sec. 11.)
0., 189...
To the Clerk of the Board of Education of , Co. O.
The following is a correct list of the scholars attending my school at the time of
this report, being the last week in 189 — ,
, Teacher.
Names of scholars.
Age.
Residence.
SCHOOL OFFICERS GUIDE.
191
Forms and Instructions.
M
W
O
►— (
o
H
H
O
H
O
H
>.
a
0)
.£1
t
fc a
Complaint entered
of Juvenile Dis-
orderly.
J*
a
CompkJnt entered
on refusal, failure,
or neglect.
a
!i
si
tea 01
1^
"S
a
*S
i
i=i
M
02
•': : i
a3
<
es »H
SI
INDEX TO THE OHIO SCHOOL LAWSJ
ABSTRACT — section page
Enumeration, returns of, to be made by county auditor... 4039 108
School statistics to be returned by county auditor.. .- 4060 119
ACADEMY— (See Private Schools.)
ACCOUNT BOOKS—
Auditor to furnish clerks and treasurers with 4055 116
ACCOUNTANT—
Appointed to investigate fraudulent use of money 364 142
AFFIDAVIT—
Complaining of fraudulent use of money 364 142
AGE- (See ScJiool Age.)
ANNUAL ESTIMATES—
To be made by board 3958 43
To be made by county commissioners, when 3969 48
For joint sub-districte, by whom made 3941a, 3961 36, 44
APPARATUS—
May be furnished by board 3995 75
APPOINTMENT—
Sub-district clerk 3918 26
Local directors to fill vacancy 3919 27
Commissioners to consider formation of joint sub-district.. 3938 35
Board of education to fill vacancy 3981 58
Librarian 3998 77
Examiners, Skateboard 4065 120
Examiners, county boards 4069 122
Examiners, local boards 4077,4084 128, 131
Truant officer 6 98
Directors of Cincinnati and Toledo universities 4098 187
To fill vacancy in office of school commissioner 354 140
Accountant to investigate charges 364 142'
APPORTIONMENT OF SCHOOL FUNDS—
State common school fund, irreducible fund, etc.... 3956 41
By county auditor, how made 3964 45
When county line divides original township 3966 46
Contingent fund by board of education 3967 47
Appeal in case of dissa'isf action 3967 47
APPROPRIATION OF PROPERTY-
How made for school purposes.. 3990 72
ASSIGNMENT OF YOUTH—
May be made by board of education 4013 85
13
194 INDEX TO OHIO SCHOOL LAWS.
ATTENDANCE ENFORCED— section page
What children must attend school 1)2,3 95, 96
What children must attend half of each day, evening
school, or private school 3 gg
When unlawful to employ children^ 2 96
Board to ascertain condition of non-attending children.... 4025 94
When board may supply books 4026 94
Penalties for violating provisions 2, 3, 4, 8, 12 96,96,97,99, 102
Penalties imposed upon persons or officers for neglect of
duty 13 102
When children sent to juvenile reformatory, or children's
home 8 99
When children may be released from enforced attend-
ance 9, 10 101
What is equivalent to attendance in day school 4029 95
AUDITOR OF STATE—
Apportionment of school fund by 3956 41
Superintendent of " common school fund " 3953 41
AUDITOR— (See County Auditor.)
BEQUESTS—
To common school fund 3955 41
Maybe accepted by boards 3975 54
May be received by county commissioners 145
BIDDING—
Directions for, on school-houses 3988 69
BLANKS—
By whom furnished 4058 117
To be distributed by county auditor 4058,4060 117, 119
BOARD OF EDUCATION— (See City Districts of First Class,
City Districts of Second Class, Village, Special, and Township
Districts, etc.)
May transfer territory 3893 9
May provide for organizing township into village district. 3894 10
Organization, how effected 3895-6 10
General powers and duties 3971 51
May sell and exchange real estate 3971 51
Has title to what property 3972 52
Property exempt from sale on execution 3973 63
Property vested in, exempt from taxation 3973 53
Conveyances and contracts by 3974 54
Members cannot contract with board 3974,6975 a 54, 113
When members must not participate in an election of a
teacher 6975 a 113
Must not accept or offer bribe 6975 a 113
Contracts must be made at meeting 3974 54
May receive compensation as what 3974 54
May accept bequests ; , 3975 54
Process against, how served 3976 55
Prosecuting attorney or county solicitor counsel for 3977 66
To decide tie votes by lot 3978 66
Oath to be taken by members and officers 3979 67
Organization, time and mode of 3980 68
Shall appoint an auditor 3980 58
Vacancies, how filled and when 3981 68
INDEX TO OHIO SCHOOL LAWS.
195
BOA.RD OF EDUCATION— Contiuued— section'
Quorum, yeas and nays when taken 3982
President or clerk, absence of 3983
Record of proceedings, attestation 3984
Shall make rules and regulations 3985
May enforce vaccination 3986
To build, enlarge, repair school-houses, etc 3987
May purchase rights of way, build fences, plant orna-
mental trees 3987
May let bids and contracts for house 3988
To erect houses in joint sub-districts 3989
May appropriate property 3990
May su omit to voters question of tax levy 3991
To certify such levy to auditor, if approved 3992
How anticipate levy, by issue of bonds 3993
How issue bonds in city districts, first class 3994
May buy books for library, apparatus, etc., (See Libraries) 3995
May purchase books from publishers 4020
May purchase books for indigent children 4026
Must provide for the study of the nature of alcoholic
drinks and narcotics, etc
Must provide sufficient schools 4007
May establish schools of higher grade 4009
May establish school at orphans' homes, infirmaries, etc.. 4010
May provide evening schools 4012
May admic whom to school, condition 4013
Suspension and expulsion of pupils.. 4014
May control schools, appoint officers, and for what term.. 4017
To determine studies and text-books 4020
Shall cause the German language to be taught 4021
Shall enforce attendance (See Attendance Enforced.)
Shall appoint truant officer 6
Shall make an annual report (See Reports.)
bonds-
How and when issued for school purposes 3993-4
To be given by school officers — clerk of board 4050
Treasurer of board 4043
Clerk of examining board 4076, 4079
Institute committee 4086
Forfeiture of bond of committee 4089
State school commissioner 355
Recording and filing treasurer's bond 4043
BOARD OF EXAMINERS- (See State Board Examiners, County
Board, City and Village Boards )
BOARD OF INFIRMARY DIRECTORS—
Powers and dutitsasto schools 4010
BOARD OF TRUSTEES OF CHILDREN'S HOME OR ORPHANS'
Powers and duties as to schools 4010
BOOKS—
May be purchased for libraries 3995
When furnished to pupils by board 4026
BRANCHES OF STUDY—
Must be taught in English 4020
On what teachers must be examined.. 2, 4074
PAGB
60
'61
62
62
63
67
67
69
72
72
73
74
74
75
75
91
94
92
80
81
83
85
86
86
87
91
93
98
74, 76
114
109
128, 129
132
133
140
109
83
ASYLUM—
83
76
94
91
92, 125
196 INDEX TO OHIO SCHOOL LAWS. •
CERTIFICATE — section page
Onginai or copy tiiereof to 1>6 Sled witb cleik 4051 114
Issued by State board of examiners 4066 121
Revocation of same 4067 121
Issaed by county boards, for what term 4073 124
revocation of same- 407B 124
when renewable without re-examination 4073 124
No one shall teach without 4074 125
Issued in city districts of first class 4081 130
when renewable without re-examination 4O81 130
grades of certificates issued 4081 130
revocation of 4081 130
Issued in city districts of second clas?, and in village 4084 131
Certificates must not be ante-dated ^ 4073 124
CHAIRMAN—
Election in village districts^ 3903,8911,3912, 8913 19,21, 22
sub-districts 3917, 3924 25, 30
special districts 3926 31
CHANGE OF DISTRICTS—
As to classification in cities 88S9 8
By transfer of territory 3893 9
Appeal in such cases 3893 9
CHARITY SCHOOL— (See ZanesviVe.)
CINCINNATI AND TOLEDO UNIVERSITIES-
Council of Cincinnati may accept educational trusts 4095 136
How trust funds to be applied 4096 136
Trusteeship to vest in city 4097 137
Appointment of directors Cincinnati and Toledo universi-
ties 4098 137
Powers of board 4G99 138
Citizens not to be charged for admission of children • 4100 138
Accounts and expenditures 4101 138
Board may confer degrees, when- 4102 138
Sites and grounds 4103 139
Tax, when and how levied 4104 139
Provisions applicable to Toledo 4105 139
CITY DISTRICTS OF THE FIRST CLAS.S—
Classification of 3886 7
Changes in , 3869 8
Board, how constituted 3897 11
When two members from each ward, how elected 3898 12
When one member from each ward, how elected. 3899 14
Where electors, not residing in wards, to vote 3900 15
Plat of attached territory 3900 15
Conduct of elections.. 3901 15
How electors on attached territory cast ballots 3902 16
Time of regular and special meetings of board 3903, 3980 17, 58
Board to fill vacancies, to make rules and regula-
tions 8903, 3981 17, 08
Bonds, when and how issued 3994 76
Who to be treasurer of school fund 4042 108
Annual report, to be pubHshed 4059 118
Board of education to appoint examining board 4077 128
INDEX TO OHIO SCHOOL LAWS. 1 97
CITY DISTRICTS OF THE FIRST CLASS— Continued— slctxon page
Institute, may be provided for 4093 135
Institutes, teachers may unite for 4093 135
(See Board of Educntion.)
CITY DISTRICTS OF THE SECOND CLASS—
Classification of 3887 8
Changes in 3889 8
Membership of board and how increased 3904 17
Election of members 3905 18
Election, conduct of 3906 18
Election, where there are as many members as wards 3907 19
Treasurer of fechool fund, who 4042 108
Institutes, teachers may unite for 4093 135
CITY AND VILLAGE EXAMINERS—
Ineligible, who 4069,4077,4084,4085 122,128,131,132
Boards in city districts of first class 4077 128
Standard of qualification for teachers 4078 129
May secure assistance 4078 129
Organization of board, bond of clerk 4079 129
Meetings and notice of same 4080 130
Examination fees 4081 130
Grades of certificates issued 4081 130
Compensation of, incidental expenses 4082 131
Clerk, duty of, disposition of fees 4083 131
Law same for all city districts and village districts 4084 131
CLASSIFICATION AND CHAN(5E OF DISTRICTS—
Different classes, changes of, etc 3885, 3892 6, 9
CLERK BOARD OF EDUCATION—
To certify transfer of territory 3893 9
To give notice of election 3909 20
Township clerk not entitled to vote 3915 24
May appoint local director, when 3919 27
Process served on by leaving copy with 3976 65
Absence from meeting 3983 61
Record of proceeding to be kept by and signed 8984 62
Shall draw order for pay of sub-district teacher 4018, 4019 88, 90
Unlawful to draw order for pay of teachers, when 40ol 114
Shall prosecute for non-attendance of children, 4025 94
Shall prosecute when children are illegally employed 2 96
Shall be judge of the qualification of private teachers,
when 3 96
Shall certify to ability of children to read and write,when. 3 96
May excuse non-attendance of pupils, when 4 97
Truant ofiicer shall report to 7 98
Blanks must be provided by , 7 98
Principals and teachers of schools must report to 11 102
To have enumeration of youth taken... 4032 105
Abstract of enumeration to transmit to auditor 4035 106
Auditor to act when clerk fails 4036 106
Bond of treasurer, to receive and file 4G43 109
Money to be counted in his presence 4043 109
Money paid into treasury on his order 4047 111
To furnish auditor statement of funds in treasurer's hands. 4048 112
Must give bond , , 4050 114
198 INDEX TO OHIO SCHOOL LAWS.
CLERK BOARD OF EDUCATION— Continued— section page
Duties as to statistics. 4052 15
To publish receipts and disbursements 4053 115
To deliver books to successor 4054 116
To keep account with treasurer 4055 116
Compensation of 4056 116
Report appointment of examiners in city districts 4077 128
Shall report institute, city districts, first class 4092 134
CLEVELAND—
Library board, how elected 4000 77
Powers and duties of such board 4001 78
Money raised by taxation, how expended 4002 78
Manual and domestic training for children 145
COLUMBUS—
Board may convey land for park purposes 146
Board of education, how elected .. 148
COMMISSIONER— (See State Commimoner Common Schools,
C'mnty Commissioner, and Joint Sub-diglrict.)
COMMON SCHOOL FUND-(See School Funds).
COMPULSORY ATTENDANCE-(See Attendance Enforced.)
CONSOLIDATION OF SUB-DISTRICTS—
Election in case of 3922 29
CONTINGENT FUND—
Levy by board of education 3958 43
How apportioned 3967 47
Appeal from apportionment, by local board 3967 47
How appHed in Toledo 3968 47
CONTRACTS—
Powerer of board to contract 3971 51
Members cannot contract with board 3974 54
Member must not vote for relative for teacher 6975a 113
Must be made at meeting ' 3974 54
Township board responsible for acts of local boards, when 3987 67
Directions for letting 3988 69
Between boards for schooling pupils 4022 93
COUNTY AUDITOR-
School levy to be certified to 3960 44
Duties as to funds of district in more thun one county 3963 45
Apportionment of school fund, how made 3964 45
of money not otherwise appropriated 3964 45
Distribution of money after apportionment 3965 46
Apportionment common school fund when county line
divides original township 3966 46
Collect fines and inspect section sixteen accounts 3970 49
Receive abstract of enumeration from clerks 4035 106
Have enumeration taken, if clerk fails 4036 106
Furnish abstract of enumeration to commissioner 4039 108
School treasurers to settle with annually 4044 110
Collect penalty for failure to settle 4045 111
Miscellaneous receipts to be reported to him 4047 111
May allow treasurer what amount of funds 4048 112
Copy of clerk's bond must he filed with 4050 114
Receive statistical statements from clerks 4052, 4057 115, 117
Furnish commissioner with abstract of statistics 4060 119
INDEX TO OHIO SCHOOL LAWS. 199
COUNTY AUDITOR— Continued— section page
Distribute blanks, books, circulars, etc 4060 119
Penalty against auditor and clerk 4060, 4061 119
May appoint persons to make reports 4062 119,
Penalty for failure to make enumeration return 4063 119
His compensation 4064 120
Report of examination fees made to him 4072, 4084 124, 131
Furnish blanks, books, etc., to examiners 4075 127
Keep on file bond of clerk of examiners 4076 128
Bonds of institute committee to be approved by him 4086 132
Give committee order for institute fund 4087 133
Give commissioner's examiner access to papers, etc 364 142
COUNTY BOARD OF EXAMINERS—
Appointment, term, vacancy 4069 122
Who may and who may not be an examiner 4069 122
Organization, president, clerk, duties of each 4070 122
Meetings, examination fees 4071 123
Disposition of fees 4072 124
Traveling expenses 4072 124
Duration of certificates and when valid 4073 124
Revocation of 4073 124
Qualifications of teachers 4074 125
Compensation of, incidentals, etc 4075 127
Annual report of clerk, bond, etc 4076 128
Ineligible as examiner, who 4069, 4085 122, 132
COUNTY COMMISSIONERS—
Appeal to in transfer of territory 3893 9
May make levy for site and house in joint sub-district,
when... 3941a 36
Appeal to, to revise apportionment contingent fund 3967 47
May perform duties of board of education, when 3969 48
Compensate auditor for reports made 4064 120
May receive bequests and donations 145
COUNCIL OF MUNICIPAL CORPORATION—
May sell or exchange property with board 3971 51
COUNTY TREASURER—
Duties with reference to State school funds 3956 41
Collect school taxes 3960 44
Fees for same , 3960 44
Duty when district lies in more than one county 3963 45
COURSE OF study-
How and by whom adopted ; textbooks 4020 91
Branches to be taught in English 4020 91
German to be taught, when 4021 93
Physiology and Hygiene, etc., must be taught 1 92
DAYTON—
Library board, how elected 1, 2 146
Powers and duties of 3, 4 146
DIRECTORS, LOCAL—
Election of 3916, 3917 25
Organization of 3918 26
Failure to elect ; vacancy, how filled 3919 27
May appeal from apportionment of contingent fund 3967 47
May build, repair, lease, etc., when 3987 67
11,
16
17,
19
19,
22
25,
28
30,
31
20O INDEX TO OHIO SCHOOL LAWS.
DIRECTOES, LOCAL— CoQtinued— section page
May employ and dismiss teachers 4018 88
Cannot exceed funds apportioned them ; 4018 88
Failing to employ teacher, township board may act 4018 88
Certify amount due teachers 4018 88
Dismissal of teacher 018 88
May act on expulsion of pupils 4014 8fr
rT„', Application for use of school-house for literary societies,
etc , 68
DISMISSAL OF TEACHERS, JANITORS, ETC.—
„.,* Causefor ;.... 4017, 3 87, 92
By local directors 4018, 4019 88, 90
DISTRICTS— (See Classifkaiion and Change oj Districts.)
Funds of, when lying in more than one county 3963 45
ELECTIONS—
City districts, first class 3897, 3902
City districts, second class 3904, 3907
Village districts 3908, 3913
Sub-districts 3916, 3920
Special districts 3924, 3926
EMBEZZLEMENT—
By ^member board of education 4047(notec.) 112
ENGLISH LANGUAGE—
All branches to be taught in 4020 91
ENUMERATION—
Taken when, and how often 4030 104
Enumerators must take oath , 4031 105
What facts enumeration must contain 4031 105
Enumerators must make affidavit to correctness of return 4031 105
Compensation for same 4031 105
What clerks to employ enumerators 4032 105
Clerk of local board must take in sub-districts 4033 105
How taken in joint sub-districts 4034 106
Clerk of board to transmit abstract to auditor 4035 106
Auditor to act, if clerk fails- 4036 106
When county line divides original township 4037 107
Penalty for failure to enumerate 4038 107
Auditor to furnish abstract to State Commissioner 4039 108
If excessive, State Commissioner to have it re-taken 4040 108
Penalty for false returns 4041 108
EVENING SCHOOLS—
Where established 4012 85
Attendance on same, equivalent to what ;. 4029 95
Minors between 14 and 16 must attend, when 3 96
EXAMINERS — (See Stale Board of Examiners, Courdy Board
Examiners, City and Village Examiners.)
EXAMINATION FEES—
State certificates 4068 121
County certificates.. 4071 123
Certificates, city districts first class 4081 130
Disposition of 4072, 4083 124, 131
EXECUTION—
School property exempt from 3973 63
INDEX TO OHIO SCHOOL LAWS. 201
EXPULSION OF PUPILS— section page
How done, aud for what length of time 4014 86
FEES— (See Examir,aiion Fees.)
FINES— (See Penally.)
FORMS FOR REPORTS—
Prepared by school commigsioner.. 359 141
FRAUD-
In use of school monej', to be investigated 364 142
FUEL—
Conlracts for 3987 67
FUNDS— (See School Funds.)
GERMAN LANGUAGE—
To be taught, when 4021 93
HALF TIME SCHOOLS—
Attendance on same, how estimated .'.. 4023 95
HOLIDAYS—
What are legal holidays 4015 86
INSTITUTES— (See Teachers' InstUutes.)
INTEREST—
On irreducible school fund 3952, 3954 40, 41
INTERPRETATION;, OF SCHOOL LAW—
Rales of 5
IRREDUCIBLE SCHOOL FUND--(See School Fund.)
JANITOR—
Employed by board of education 4017 87
Elected for what term, dismissal of 4017 87
For county examiners.... 4075 127
JOINT SUB-DISTRIOrS—
Township boards may establish, for what purpose 3928 32
Governed and supported, how 3929 33
Other provisions for establishment of 3930 33
Established on petition of three or more persons 3931 33
What petition to contain 3932 33
Clerk to give notice of filing 3933 33
Petition or remonstrance may be filed with probate judge. 3934 34
Petition to give security for costs : 3935 34
Time and place of meeting of commissioners 3938 34
Publication of notice 3937 34
Oommistioners to be appointed 3938 35
Oatti and duty of commissioners 3939 35
Clerks to present plats and papers 3940 35
Report of commissioners.. ; 3941 35
L::)cal board to designate site, when 3941 a 36
Board of education to levy tax for echool-house site 3941a 36
County commissioners to act, when 3941 a 36
Effect of the report of commissioners appointed by pro-
bate judge 3942 36
Judgment for costs, what fees allowed 3943 37
Report and judgment for sub-district 3944 37
Costs in case of establishment of sub-district 3945 37
Petition for new sub-district, special district, etc 3946 37
Proceedings thereon.. 3947 38
202 INDEX TO OHIO SCHOOL LAWS.
JOINT SUB-DISTRICTS-Continued— section pagk
When petition or remonstrance may be filed with pro-
bate judge. 3948 38
Election and dutiesof directors 3849 38
Joint sub-districts, how changed, altered, dissolved 3950 39
May not be changed or dissolved until after five years, ex-
cept by order of the court 3950 39
Appeal to probate court for dipsolution 3950 39
Estimate and levy of contingent fund, how made 3961 44
Funds of, how apportioned and transferred by auditor.... 3961 44
Estimate and levy when county line divides sub-district, 3962 45
When school-house to be re-built, site may be changed
by vote of directors 3989 72
Clerk to take enumeration 4034 106
LEASING SCHOOL LAND~(See Section 1404, Rtvised Statutes.)
LEASING--
School sites or rights of way thereto 3987 67
LEVY FOR SCHOOL PURPOSES—
For State common school fund 3951 40
When made and for what purpose 3958 43
Amount of levy 3959 44
Additional levy submitted to voters, when and how 3991 73
If approved, to be certified to Auditor 8992 74
Levy anticipated, how... 3993 74
For city libraries ; , 3996 76
LIBRARIES—
Boards may appropriate money for, amount of 3995 75
Levy for city libraries 3996 76
How expended 3997 77
Board may appoint librarian 3998 77
Board may make rules and regulations 3998 77
Board of managers may be appointed in certain cases 8999 77
Library board to be elected in Cleveland 4000 77
Powers and duties of such board 4001 78
Library tax, how expended 40C2 78
Consolidation of Portsmouth libraries 4003 79
Board to appoint library committee 4004 79
Powers and duties of such committee 4005 79
Power to levy tax 4006 7»
LOCAL DIRECTORS— (See Directors, Local.)
LOCATION OF SCHOOL HOUSES—
Place most convenient for greatest number 4007 80
MEETINGS OF BOARDS OF EDUCATION—
In cities of first class 3903 17
Meeting of board of directors 3918 26
Meeting of township board 3920 28
Special meetings, how called 3920 28
Contracts must be made at meeting 3974 54
Absence of president or clerk pro tern., officer may be
chosen 3983 61
Special meeting not legal unless all members notified 3985 62
Text-books and course of study determined at regular
meeting 4020 91
INDEX TO OHIO SCHOOL LAWS. 20$
MEETINGS OF BOARDS OF EXAMINERS— section page
County examiners, number of meetings, etc 4071 123
Meetings to be published 4071 123
City examiners, districts of first class 4080 130
City districts second class, and village districts 4084, 131
' MONEY—
Fraudulent use of 364 2
MONTH—
School month, what 4016 86
NOTICE—
Elections — (See Elections.)
Examinations to be published 4071, 4080 123, 130
Truant oflBcer to notify parents of absence of children
from school 8 99
OATH—
To be made by school officers 3979 57'
ORGANIZATION OF BOARDS—
Manner and time of. 3980 58-
PENALTY—
Members of board failing to perform duty may be fined.. 3969 48
For various offenses 3970 (note.) 49, 50
Company or corporation liable to penalty, for what... 2, 3, 12 96, 102
Parent or guardian liable to penalty, for what 4, 8 97, 99
Persons and officers neglecting to perform certain duties
liable to fine ' 13 102
For voting for relative tor teacher 6975 a R. S, 113
For oflfering bribe or reward 6976 a R. S. 113
For accepting bribe by employe or officer of board 6975 a R. S. 113
For fraudulent enumeration return 4041 108
Failure of treasurers to settle with auditor 4045 111
Failure of auditor to furnish report 4060 119
Failure of auditor to make enumeration return .4063 119
Failure of executive committee of institute to report to
the commissioner 4088 133
Defacing property, disturbing meeting, etc 3972 (notes.) 52, 53
For willfully disturbing school 3972 (notes.) 53
PERSONAL PROPERTY— (See Real or Personal Property.)
PRESIDENT OF BOARD—
Process on board served by leaving copy with 3976 55
Absence from a meeting supplied by pro tempore presi-
dent 3983 61
Sign minutes of meetings 3984 62
Sign orders for payment of money 4047 111
Keep clerk's bond on deposit 4050 114
PRIVATE SCHOOLS—
Shall report to school commissioner 363 142
PROBATE JUDGE— (See Joint Suh-Distncts.)
Appoint county examiners 4069 122
Report to school commissioner name and address of
appointees 4069 122
May revoke appointment of examiner for inefficiency, etc. 4069 122
process-
How served against board 3976 55
204 INDEX TO OHIO SCHOOL LAWS.
PROSECUTING ATTORNEY— section page
Counsel for boards of education 3977 55
Prosecute for frauduleot use of money, etc 366 143
Prosecute on forfeiture of bond of executive committee... 4089 13
PROVISIONS APPLYING TO ALL BOARDS— (See Boards of
Education.)
QUORUM—
Necessary to transact business 3982 60
REAL OR PERSONAL PROPERTY—
How sold or exchanged 3971 51
Title, in whom vested 3972 52
Exempt from sale on execution 3973 63
RECEIPTS AND DISBURSEMENTS—
Itemized statement to be published 4053 - 115
Boards to make report to county auditor 4057 117
RE^JONSTRANCE— (See Joi7it Sub- District.)
REPORTS—
Receipts, expenditures and statistics to be rej^orted to
auditor 4057 117
Inwhatform reports shall be made 4058 117
Superintendents and teachers to report annually to
county auditor 4059 118
Boards of city districts, first class, diall publish annual
report 4059 118
Auditor to make report of statistics to commissioner ... 40G0 119
Auditor to distribute circulars, blanks, etc 4060 119
Penalty for failure to perform these duties 4060, 4061, 4063 119
Auditor to appoint person to make report when clerk
fails 4062 119
Examiner of alleged defalcation to report to commis-
sioner and court 365 143
RESIDENCE—
Without, but homestead within district 4013 85
REVOCATION—
Certificate by state board of examiners 4068 121
Certificate by county board 4073 124
Certificate by examiners, city districts, first class 4081 * 130
Appointment of county examiner 4069 122
Appointment of city examiner 4077 128
RULES OF INTERPRETATION OF LAW—
As laid down by courts 5
RULES AND REGULATIONS—
Boards of education, for their own government.. 3903, 3985 17, 62
Governing pupils and appointees 3985 62
SALT AND SWAMP LANDS— (See School Funds.)
SALARIES—
Cannot be increased Bor diminished, when 4017 87
Local directors to fix SAlaries in sub-districts 4018 88
Township board may increase, but not diminish, salaries
fixed by local directors 4018 88
INDEX TO OHIO SCHOOL LAWS. 205
SCHOOLS— SECTION PAGE
c!„^„;-,..4- »,,,^v,^j. ™"2t ^c "rovidcd "1007 80
Locadon and continuance of schools 4007 80
At least one primary school in each sub-district 4007 80
Higher j^rade than primary may be established 4009 81
Cannot be abolished for three years after establishment 4009 81
Township, village and special districts may unite to
establish township high school 4009 a 82
How these districts may unite 4009 h 82
How sustained in children's homes, orphans' asylums,
infirmaries 4010 83
To be under control of trustees of institution 4010 83
Youth may b3 sent to charity school at Zanesville 4011 84
Evening f-chools may be established 4012 85
Who may be admitted to school free 4013 85
Tax of non-resident to be ciedired on tuition 4013 85
Assignment of youth by board 4013 85
Suspension and expulsion of pupils '. 4014 86
School holidays 4015 86
School year, month and week 4016 86
Board to control schools and appoint all employes,
except teachers in sub-districts 4017 87
May dismiss appointees 4017 87
Board cannot increase nor diminish salary during term 4017 87
Directors to employ, pay, and dismiss teachers in sub-
districts 4018 88
Teachers dismissed for insufficient reasons may bring
suit..... 4019 90
Boards to determine text-books and course of study 4020 91.
German language shall be taught, when 4021 93
Pupils may be sent from one district to another, when... 4022 93
SCHOOL AGE—
Unmarried youth between six and twenty-ono (see
note 6 to 4013) 4030 104
SCHOOL ATTENDANCE— (See AUen dance Enforced.)
SCHOOL DISTRICTS— (See ( lassification and Change of
Districis )
SCHOOL FUNDS—
" State common school fund" 3951 40
Interest on proceeds of sales of salt and swamp lands, etc 8952 40
'•Common schooHund," origin of and income from 3953 41
Accounts of, how kept 3954 41
An irreducible debt , 3954 41
Bequests in trust for 3955 41
Apportionment of state common school fund, etc 3956 41
Commnn school fund, interest on, where paid, when
county line divides original surveyed township 3957 43
Board to levy for school purposes, when 3958 43
Board to estimate amount necessary to continue tchoola 3958 43
Amount of levy boards may make 3959 44
Estimate made by board to be certified to county
auditor , 3960 4
206 INDEX TO OHIO SCHOOL LAWS.
SCHOOL FUNDS— Continued— section page
Estimate of contingent fund for joint sub-district 3961
Estimate when county line divides such sub-district 3962 45
Funds of a district in more than one county, to whom
paid 3963 . 45
County auditor to apportion funds, how 3964 45
Distribution of money after apportionment 3965 46
Of common school fund when county line dividesoriginal
township 3966 46
Contingent fund so apportioned that schools shall be
continued the same length of time 3967 47
Sub-distiicts may appeal to county commissioners when
apportionment is unsatisfactory 3967 47
Funds apportioned among sub-districte can not be re-
apportioned 3967 47
Contingent fund, how applied at Toledo 3968 47
County commissioners to levy contingent fund, when... 3969 ' 48
Members of board failing to make estimate subject to
tine 3969 48
County auditor to collect fines, and inspect section 16
accounts 3870 49
Treasurer to produce school funds to be counted by
board 4043 109
Supervision over school fund by school commissioner... 358 141
SCHOOL HOUSES—
To be provided by boards of education 3987 67
Power of directors of sub-district 3987 67
Directors to act under direction of township board 3987 67
Directions for bidding and letting contracts 3988 69
Erection o( houses in joint sub districts 3989 72
Boards may condemn lands lor school-house sites 3990 72
Tax levy submitted to voters, when and how 39^1 • 73
If approved to be certified to auditor 3992 74
Levy may be anticipated by borrowing money 3993 74
Clerk to keep record of bonds 3993 74
Bonds, how issued by city districts of the first class 3994 75
Defacing t^chool-house, burning, stealing from, etc 3972 (notes) 52
Safety of— (See Sections 2568, 2572, 7010, Revised Stat-
utes)
School-houses may be used by literary societies, etc 68
SCHOOL L4WS—
Distribution of, how and when 361 141
SCHOOL LIBRARIAN— (See Libraries)
SCHOOL MONTH— (See Month.)
SCHOOL ROOMS—
Renting of by boards 3987 67
SCHOOL report-
To be made annually 361 141
Number copies — (See Sections 63, 64, Revised Statutes.)
What it shall present 362 142
SCHOOL YEAR— (See Year.)
INDEX TO OHIO SCHOOL LAWS. 207
SITES— SECTION PAGE
Board to furnish 3987 67
Submission of tax levy for 3991 73
SPECIAL MEETINGS-(See Meetings.)
SPECIAL DISTRICTS—
.Classification of 3891 9
Formed or altered, how 3946 37
Board, how constituted, and how increased 3923 30
Election of members of- board 3924 30
Notice and conduct of election 3925 80
How abandoned 3926 81
Disposition of property 3927 31
Treasurer, how chosen 4042 108
Teachers may unite for institute .. 4093 135
May unite with township and village districts to estab-
lish township high school 4009 a, 4009 6 82
STATE BOARD OF EXAMINERS—
Appointment of, term of office, vacancy, etc 4065 120
Grades of certificates to be issued 4066 121
Shall supersede all other certificates... 4067 121
Examination fees 4068 121
Compensation and expenses of examiners 4068 121
STATE COMMISSIONER OF COMMON SCHOOLS—
Vote to be returned to him when a township votes on
the question of becoming a village district 3895 10
Abstract of enumeration to be furnished him 4030 104
Duty when he deems enumeration excessive. 4040 108
Furnish blanks for reports 4058 117
May require reports to be made to him direct 4058 117
Certificate to county auditor for reports made 4064 120
Shall appoint state board examiners 4065 120
To countersign state certificates 4067 121
Tobenotified of the appointment of examiners. 4069,4077,4084 122,128, 131
Report of examinations to be forwarded ,to.... 4076,4083. 4084 128, 131
To receive reports of institutes 4086,4088,4094 132, 133, 135
May hold institute, when 4090 134
Shall be elected tri-ennially 354 140
Term of office 354 140
Vacancy filled by appointment of governor 354 140
His official bond and oath , 355 140
Office to be at seat of government 356 140
To visit the several judicial districts 357 141
His supervision over school funds 358 141
May require reports from county auditor and school
officers 358 141
Shall prepare forms and regulations for reports 359 141
Duties as to distribution of school laws 360 141
Annual report, when made 361 141
Number of copies — (See Sections 63, 64, Revined Stat-
utes.)
What it shall present .362 142
Shall require reports from private schools, etc 363 142
208 INDEX TO OHIO SCHOOL LAWS.
STATE COMMISSIONER OF CO^niON SCHOOLS— Continued—
SECTION PAGE
Duty on complaint of fraudulent use of money 364 142
Appointment of accountant to investigate such raisu?*?.. 364 142
Accountant's powers and duties TCo 143
Compensation of accountant. 305 143
How payment thereof made 365 143
Adverse report given to grand jury 366 143
Prosecuting attorney to institute proper proceedings.'.... 366 143
STATE COMMON SCHOOL FUND— (See School Funds.)
STATE CERTIFICATES— (See Certificates.)
STATISTICS—
Duties of clerk in regard to 4052 115
Duty of board of education and auditor 40-37, 4064 117, 120
STEALING SCHOOL PROPERTY—
Penalty for 3972 (notes) 52
STUDIES—
Determined by board of education 4020 91
SUB-DISTRICTS—
Number of pupils to each 3921 28
Established, when and how 3921 28
Number of may be increased or diminished by board 2921 28
Consolidation of districts or formation of new districts.. 3922 29
Election of directors therein 3922 29
How formed or altered by petition 3946 37
Apportionment of contingent fund to 3967 47
One primary school must be established in each 4007 81
Dismissal of teachers 4018 88
Cleric of sub-district to take enumeration 4033 105
SUITS—
May be brought by or against board of education 3971 51
May be brought against local board, when 4019 90
SUPERINTENDENT AND ASSISTANTS—
Appointment by board of education 4017 87
Reports required of them 4059 118
To give city boards of examiners information 4078 129
May be dismissed for refusing to give instruction in the
effects of alcoholic drinks and narcotic 3 li2
Superintendent may excuse attendance of pupils 1, 4 95, 97
To judge of the qualifications of private teachers, when 3 96
To direct truant officer in performance of hia duties 6, 8 98, 99
To receive reports of truant officer 7 98
May provide for the private instruction of indigent
children 10 101
Subject to fine for non-performance of duty under com-
pulsory education act 12 102
SUPERINTENDENT OF BUILDINGS—
May be appointed by board 4017 87
SUSPENSION OF PUPILS—
How done, and for what term 4014 86
INDEX TO OHIO SCHOOL LAWS. 209
TAX '
SKCTTOlSr PAGK
Kate of State tax to be designated by the general as-
^ ^^^^^y 3951 40
Levied by board of education 3958 43
Limit of levy '['] 3959 ^
School property exempt from 3973 53
For school-houses and site, when and how submitted to
3991 73
74
74
votes.
To be certified to auditor if approved 3992
How anticipated 3993
Levy for city libraries 3995 7g
Library tax, how expended 3997 77
Of non-resident pupils to be credited on tuition.... 4013 86
TEACHERS—
Appointed by board and for what length of time 4017 87
Dismissed by boards of education 4017 87
Appointed and dismissed by local boards, when.. 4018, 4019 88, 90
Reports required of them 4051, 4059 114,118
Who only may be employed , 4074 ' 125
Payment of when certificate revoked 4073, 4081 124 130
Qualifications of 4074 ' 125
Number necessary to organize institute 4086 132
May dismiss their schools to attend institute 4091 134
May be dismissed for refusing to give instruction on the
effects of alcoholic drinks and narcotics 3
May suspend pupils temporarily 4OI4
Must report names, ages, residence of pupils to board of
education 21
Subject to fine for non-performance of duty under com-
pulsory education act 12
TEACHERS' INSTITUTE—
Organization of in county 4086
Bond of executive committee 4086 132
Report to school commissioner .'. 4086, 4088 132 133
Payment of institute fund to executive committee 4087
Funds not disbursed to be returned 4087
Forfeiture committee's bond, etc 4089
School commissioner may hold institute, when 4090 134
What teachers may dismiss school to attend 4091 I34
May be provided for in city districts of first class 4092 134
How supported 4Qg2
Report to be made to commissioner 4094
Teachers of graded schools in adjacent counties may
^ "°^*« ^0"^" 4093 135
Length of session 4Q94
TEACHERS' INSTITUTE FUND—
Source of, in counties 4O72
^ I^cities Z^ZZZZZ 4083 181
Condition of to be reported by auditor to the commis-
^^^"e'' 4060 119
14*
92
86
102
102
132
133
133
133
134
135
135
124
a 10 INDEX TO OHIO SCHOOL LAWS.
TERRITOSY— section page
Transfer of 3893 9
Annexed or detached for school purposes 3886 7
TEXT-BOOKS—
How determined and changed 4020 91
May be purchased direct from publishers by board of
education 4020 91
May be furnished free to indigent children 4026 94
TIE vote-
To be decided by lot 3978 56
TOLEDO—
Contingent fund, how applied in 3968 47
(See Cincinnati and Toledo Universities.)
TOWNSHIP BOARD-
Constituted, how 3915 24
Organization, when and how effected 3980 58
May submit to vote the question of changing to village
district 3894 10
Must hold regular sessions, when 3920 28
Regular and special meetings, how called 3920 28
Shall prescribe a course of study and text-books 4020 91
May establish township high school 4009 81
• May appoint township superintendent 4017 87
May appoint janitor and other employes 4017 87
Shall employ teachers, when 4018 88
May increase or diminish the number of subdistrictfci... 3921 28
Must prepare map of township district 3921 28
• May consolidate sub-districts... 3922 29
Give notice of election in new district. 3922 29
May assign youth to schools 4013 85
May contract with other boards for admission of pupils 4022 93
■ May open school-houses for literary exercises, etc 68
Must provide for giving instruction as to the nature of
alcoholic drinks and narcotics, etc 1 92
Must approve treasurer's bond 4043 109
Must make levy for school purposes 3958 43
May sell and exchange real estate 3971 51
Vacancies, how filled 3981 58
Shall make rules and regulations 3985 62
No special meeting legal unless all members are notified. 3985 62
May enforce vaccination 3986 63
Empowered to build and repair school-houses, etc . 3987 67
May appropriate property for buildings or sites 3990 72
May submit to vote question of tax levy, wlien 3991 73
Certify to county auditor if approved 3992 74
Board may anticipate levy, when 3998 74
Shall enforce attendance — (See Compulsory Act.)
Shall appoint some constable or other person as truant
oflacer 6 98
TOWNSHIP CLERK-
Clerk of township board, but not entitled to vote 3915 2ft
Appoint local director, when 3919 27
(See Clerk Board of EdiuxLtion.)
INDEX TO OHIO SCHOOL LAWS. 211
TOWNSHIP DISTRICTS— section page
Township district consists of what 3890 8
May become village districts 3894, 3896 10
• Township treasurer to be treasurer of 4042 108
TRAVELING EXPENSES—
State examiners 4068 121
County examiners 4075 127
Examiner appointed by commissioner 365 143
TREASURER—
Who to be treasurer of school funds 4042 108
Must give bond approved by board of education 4043 109
Funds must be produced and counted 4043 109
Recording and filing of bond, new bond, release of
surety, etc 4043 (notes) 109
Bond to be filed with clerk and copy with auditor 4043 109
Shall settle annually with auditor 4044 110
Penalty for failure to make settlement 4045 111
Balance on hand to be reported to board 4046 111
Shall not pay out money except on orders signed by
president and countersigned by clerk 4047 111
Maximum amount of funds may hold 4048 112
Shall deliver to his successor all moneys, books, papers,
etc., belonging to the district 4049 112
Shall keep separate account of each fund 4055 116
Each account shall be balanced at close of school year. 4055 116
Compensation of 4042, 4056 108, 116
When, in city districts of the first class, to pay over
institute fund to county treasurer 4092 134
TREASURER OF COUNTY— (See County Treasurer.)
TUITION—
Non-resident pupils to have credit for tax paid 4013 85
VACANCIES—
In boards of education, how filled 3903, 3981 17, 58
In local board, how filled 3919 27
In state board of examiners 4065 120
In county board of examiners 4069 122
In city and village boards of examiners 4077, 4084 128, 131
In office of state school commissioner 354 140
VACCINATION—
May be enforced by boards 3986 63
VILLAGE DISTRICT-
What constitutes ,- 3888 ' 8
How organized out of townships 3894, 3896 10
Election of members of board 3908 19
Number of members in board 3908 19
Notice of election shall be published by clerk 3909 20
Returns to be made to clerk of board 3910 21
How membership of board increased 3911 21
How a village may become a village district 8912 21
How village district organized 3913 22
Organization of board, when 8914 23
212 INDEX TO OHIO SCHOOL LAWS.
VILLAGE DISTEICTS— Continued— section page
Boundaries, how changed by petition 3946 37
Treasurer chosen by the board 4042 108
Teachers may unite for institute 4093 135
Boards of education in Hamilton county shall consist of
five members 147
WEEK—
School week, what 4016 86
YEAS AND NAYS—
When to be called 3982 60
YEAR—
What is a school year 4016 86
YOUTH—
Assignment of by board of education 4013 85
Who entitled to school privileges , 4013 85
Attendance enforced 1, 3 95, 96
ZANESVILLE—
Charity school at 4011 84
INDEX TO FORMS AND INSTRUCTIONS.
CHAPTER I— FORMS FOR SCHOOL DIRECTORS— page.
1. Notice of sub-district school meeting for election of directors 149
2. Poll-book for sub-district election 149
3. Tally-sheet for sub-district election 150
4. Notice of special meeting for election of director 150
5. Minutes of sub-district school meeting 151
6. Certificate of election of director 151
7. Oath of director.'. 151
8. Appointment of director 152
9. Meeting of directors 152
10. Contract between directors and teachers 152
11. Certificate for teacher's pay 152
12. Contract for fuel, repairs, etc 153
13. Certificate of amount due for fuel, etc... , 153
14. Dismissal of teacher 153
15. Visit to school 154
CHAPTER II— FORMS FOR TOWNSHIP BOARDS OF EDUCATION-
IS. Notice of meeting to vote a tax for building purposes 154
17. Notice of special meeting of towhship board 155
18. Certificates of annual estimates..., v 155
19. Certificate of annual estimates for joint school 155
20. Different modes of altering sub-districts 156
21. Notice of election in a new sub-district 156
22. Organization of a joint sub-district school 157
28. Petition to board of education for joint sub-district 157
24. .Clerk's notice to members of board '. 157
25. Petition to probate judge 158
26. Remonstrance against joint sub-district 158
27. Appointment of commissioners by probate judge 159
28. Report of commissioners 159
29. Assignment of scholars to central high school 160
30. Appointment of librarian 160
31. Bond of librarian 160
32. Order on township treasurer for teacher's pay 161
33. Order on treasurer other than for teacher's pay 161
34. Lease to school district 161
CHAPTER III— FORMS FOR CLERKS, TEACHERS AND TREASURERS—
35. Township treasurer's bond as treasurer of the board of education.... 162
36. Certificate of treasurer's bond 163
37. Treasurer's bond , 163
38. Clerk's bond... 164
39. Township:clerk'8;bond 165
40.^ Beportfandj[certificate|of;,8chool funds in treasury 166
214 IDDEX TO OHIO SCHOOL LAWS.
OHAPTNR III — Forms for Clerks, Teachers and Treasurers — Continued — page
4L Final receipt of township treasurer ^66
42. Final receipt of township clerk 166
43. Teacher's daily register 167
44. Teacher's daily register, (second form) 168
45. Teacher's term register 169, 170, 171
46. Teacher's report to township clerk 172
47. Recapitulation and general report 173
48. Branches of study, names of pupils in each, and name of text-book.. 174
49. Township treasurer's general account with township 177
50. Township treasurer's account with the several sub-districts 178, 179
51. Report of township treasurer to county auditor 179
CHAPTER IV— FORMS FOR SCHOOL EXAMINERS AND PROBATE
JUDGES—
52. Appointment of school examiners , 180
53. Revocation of school examiner's appointment 181
54. Teacher's certificate 181
55. Revocation of teacher's certificate 181
Form for school examiner's register 183
Constitution for county teacher's institutes 184
CHAPTER V— FORMS UNDER COMPULSORY EDUCATION ACT—
Notification to parent or guardian of non-attendance 185
Complaint against parent or guardian 185
Complaint against juvenile disorderly person 186
Warrant for arrest of juvenile disorderly person 187
Commitment 187
Certificate of school attendance 188
Certificate of education 188
Notice to employers of youth 189
Teacher's report 190
Report of truant ofiic.^r 191
ERRATA.
Page 6, section 3885, second line, for "district" read "districts."
Page 9, section 3893, eighth line, for "clerks" read "clerk."
Page 35, section 3940, first line, for " clerk " read " clerks."
Page 73, section 3991, seventh line, for " schoo-houses " read " school-houses."
Page 101, section 10, last line, for " hile" read " while."
Page 113, section 6975 a, E. S. As it pertains entirely to school affairs, it was thought
proper to incorporate this section in this edition of the school laws, but it
was accidentally misplaced, and is found ill the wrong chapter.
Page 132, section 4086, line at the bottom of the page. The reference to section
four thousand and eight, though thus printed in the volume of the laws
for 1887, is manifestly wrong. Since the abolition of the authority
of boards to establish separate schools for colored children, there is no
section 4008 ; but the matter referred to in section 4086 will be found in
section 4088.
OT TKR
XXNIVTRSTTY
YD 01385
033
yssa