LB Af73 r LT vX o o GIFT OF a SCHOOL LAWS STATE OF MISSISSIPPI CHAPTERS: 125, Schools; 13f, County Superintendents; 138, State Superintendent Annotated Code of 1906 NASHVILLE, TENN. BRANDON PRINTING COMPANY 1 9 06 e> S CHAPTER 125. SCHOOLS. 4485. (3962) Uniform system of. There shall be main- tained a uniform system of free public schools for all chil- dren between the ages of five and twenty-one years. 4486. (3963) Board of education; its meetings The board of education created by the constitution shall hold its sessions at the seat of government. It may appoint the time of meeting, and a called meeting of the board may he held at any time upon the call of a member thereof. 448?- (3965) The same; to decide appeals The board of education shall decide all appeals from the decisions of county superintendents, or from the decisions of the state superintendent; but all matters relating to appeals shall be presented in writing, and the board's decision shall be final. 4488. (3967) The same; to remove them in certain cases. For continued neglect of duty, for drunkenness, incom- petency or official misconduct, the board of education may remove a county superintendent; but before removal the officer shall have ten days' notice of the charge, and be allowed opportunity to make defense. The members of the board are authorized to administer oaths, and to take or cause depositions to be taken, and have the powers of a court to compel witnesses to attend and testify in all matters of investigation by the board. 4489. (3968) The same; to audit claims. The board of education shall audit all claims against the common school fund, and allow so much as may be justly due, not to exceed the amount allowed by law. 4490. (3969) The same; to fix expenses of state super- intendent's office. The board of education shall determine the necessary contingent expenses of the superintendent's office, including stationery, postage, printing, furniture, and 247901 other things necessary, and shall examine the accounts there- for, and certify the same for payment. 4491. (3970) The same; administration; course of study; arbor day The board of education shall regulate all mat- ters arising in the practical administration of the school system which are not otherwise provided for; and it may adopt a course of study to be pursued in the schools and may designate a day to be observed as arbor day, which shall be devoted to the planting of trees and otherwise improving the school grounds. 4492. (3971) State superintendent; to require reports from county superintendents. The superintendent of public education shall require annually, and as often besides as he may deem proper, of the county superintendents detailed re- ports of the educational business of his county, and shall give him all necessary instructions. 4493- (397 2 ) The same; to prepare, have printed, and furnish the laws, blanks, books, etc., to school officers. The superintendent of public education shall prepare, have print- ed, and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper dis- charge of their duties, and the questions for the examina- tion of teachers. He shall have the laws pertaining to the public schools printed in pamphlet form, and publish therein forms for conducting school business, the rules and regu- lations for the government of schools that he or the board of education may recommend, and such other matters as may be deemed worthy and of public interest pertaining to the subject. 4494. (3973) The same; conference with county superin- tendents. The state superintendent may meet the county superintendents of each judicial district or of two or more districts combined, at such time and place as he shall ap- point, giving them due notice of such meeting. The objects of such meetings shall be to accumulate facts relative to schools, to compare views, to discuss principles, to hear dis- cussions and suggestions relative to the examinations and qualifications of teachers, methods of instruction, text-books, institutes, visitation of schools, and other matters embraced in the public school system. 4495' (3974) The same; official opinions. The state su- perintendent shall, at the request of any county superintend- ent, give his opinion, upon a written statement of the facts, on all questions and controversies arising out of the inter- pretation and construction of the school laws in regard to the rights, powers and duties of school officers and county superintendents, and shall keep a record of all such decisions. Before giving any opinion the superintendent may submit the statement of facts to the attorney-general for his advice thereon; and it shall be the duty of the attorney-general forthwith to examine such statement and suggest the proper decision to be made upon such facts. 4496. (3975) The same; to advise county superintend- ents. The state superintendent shall advise county superin- tendents upon all matters involving the welfare of the schools. (See Sees. 4809-4816.) 4497- (3979) The same; duties generally. It shall be the duty of the county superintendent: (a) To employ for each school under his supervision, such teacher or teachers as may be recommended by the local trustees; but the teacher shall hold his certificate of proper date and grade and execute the required contract; (b) To examine the monthly reports of teachers and re- quire the signatures of a majority of the trustees certifying to the accuracy of the report, and upon the report thus certi- fied to issue a pay-certificate showing the amount of salary due, and the scholastic month for which it is issued. The pay- certificate must be in the form prescribed by the board of education, and a stub duplicate made out and preserved in his office; (c) To fix the salaries of teachers and to make contracts with them; 6 (d) To enforce the course of study adopted by the board of education, and the uniform text-books adopted for the county ; (e) To enforce the law and the rules and regulations in reference to the examination of teachers ; (f) To visit the schools and require teachers to perform all their duties; (g) To select and employ teachers for public schools whose trustees fail to report a selection within ten days of the time fixed by the county school board for the beginning of the term; (h) To administer oaths in all cases of teachers, trustees, and others relating to the schools, and to take testimony in appeal cases under the school law ; (i) To keep on file and preserve in his office the biennial report of the superintendent of public education, and all cir- cular letters sent out by him, and a copy of the school law ; (/) To distribute promptly all reports, laws, forms, cir- culars and instructions which he may receive for the use of school officers and teachers, from the state superintendent of public education. (k) To carefully preserve all reports of school officers and teachers, and, at the close of the term of office, deliver to his successor all records, books, documents, and papers be- longing to the office, taking a receipt for the same, which shall be filed in the office of the chancery clerk ; (/) To make annually, on or before the first day of Octo- ber, a written report to the board of supervisors and mayor and board of aldermen of the municipality, constituting a separate school district, showing the name, sex, and color of the teachers employed during the preceding scholastic year, the number of months taught by each, and the aggregate amounts of pay-certificates issued to each and to all; and the report shall be filed in the office of the chancery clerk or the municipal clerk, as the case may be, and be com- pared by said officer with the pay-certificates of the county superintendent for the period embraced in the report; (m) To file with the chancery and municipal clerks, be- fore issuing any pay-certificate for the current term, lists of the teachers employed, and the monthly salary of each as shown by the contract, and to add to the list any teachers subsequently employed ; (n) To keep in his office and carefully preserve the pub- lic school record provided; to enter therein the proceedings of the county school board, the decisions of appeal cases, and other official acts; a list of the teachers examined, li- censed, and employed; and, within ten days after they are rendered, to record the data required from the monthly and term reports of teachers, and the annual reports of county and separate school district treasurers ; and from the summa- ries of records thus kept, to render, on or before the twen- tieth of October an annual report to the state superintendent in the form and containing the particulars required ; (0) To observe such instruction and regulations as the board of education may from time to time prescribe, and make special reports to those officials whenever required; and (/>) To perform such other duties as may be required of hiir, by law or the rules and regulations of the board of edu- cation ; and in no case shall he receipt for a teacher's war- rant, or collect the money on the same. 4498. (3980) The same; penalty for failure to report. If a county superintendent fails to make his annual report to the state superintendent by the twentieth day of October, he forfeits fifty dollars of his salary ; and the board of su- pervisors, upon receiving from the state superintendent of public education notice of such failure, must deduct the amount forfeited from his salary. 4499- (398i) The same; office days. The county super- intendent shall be at the county seat on Saturdays of each scholastic month of the term to receive monthly reports, issue pay-certificates, and attend to other official duties. If absent, without leave previously granted by the board of supervisors, the board shall deduct from his salary ten dol- 8 lars for each day's absence, unless prevented by illness or other unavoidable cause. And when there are two judicial districts in his county, the superintendent shall alternate, going to the courthouse of the districts alternately. (See Sees. 3482, 4813.) 45- (3982) The same; reports. The county superin- tendent shall make to the board of supervisors and mayor and board of aldermen of a municipality constituting a sepa- rate school district, reports for each scholastic month, which shall show the amount of pay-certificates issued for that month, together with a statement showing the schools vis- ited, the date of visitation, and the time he spent in each school during his visit ; and it shall be unlawful to allow the salary of the superintendent until said report be on file. 4501. (3983) The same; salary, how paid. The salary of the county superintendent shall be paid monthly out of the county school fund, on allowance of the board of super- visors after it has approved the report required to be made to it every month by the superintendent, and the salary is fixed at five per centum of the total school fund received by the county annually; but a county superintendent shall not receive more than twelve hundred dollars, nor less than seven hundred and twenty dollars per annum, and in fixing the salary for any year it shall be based on the amount of school funds received by the county during the preceding scholastic year; provided, the board of supervisors may fix the salary of the county superintendent at an amount be- tween twelve and eighteen hundred dollars, without refer- ence to the amount of the school fund, and when the board of supervisors so fixes the salary of a county superintendent, such county superintendent shall not pursue any other secu- lar profession or business of a public nature, but shall de- vote his entire time to the duties of his office. Municipalities constituting separate school districts and rural separate school districts shall pay their proportionate part of salary, estimated upon the amount of funds received from the state distribution. 9 4502. (3984) The same; visiting schools. The county superintendent shall visit all the schools in his county at least once during the term. On the first visit he shall remain at least two hours, and shall, in county schools, cor- rect any deficiency which may exist in the classification of the pupils or the government of the school ; and in separate school districts he shall call the attention of the trustees to such deficiencies for correction by them. He shall note down the condition and value of the building and lot, and of the furniture, the methods of instruction, the branches taught, and his estimate of the ability of the teacher to con- duct a school. He shall give such directions and make such recommendations as he deems expedient and needful to se- cure the best results in the instruction of the pupils, and shall examine the classes to see that thorough work is done. He shall urge patrons to provide their children with comforta- ble and well-furnished schoolhouses. For every school not so visited, the board of supervisors must, on proof thereof, deduct ten dollars from his salary. 453- (39^5) The same; to settle disputes in schools. In all controversies arising under the school law, the opin- ion and advice of the county superintendent shall first be sought, from whose decision an appeal may be taken to the state board of education, upon a written statement of the facts, certified by the county superintendent or by the secretary of the trustees. 4504. (3986) The same; may suspend or remove a teach- er or trustee; fill vacancies. For incompetency, neglect of duty, immoral conduct, or other disqualification, the county superintendent may suspend or remove any teacher or trus- tee from office, except in separate school districts. And for the purpose of conducting inquiries and trials, the superin- tendent has the same power as a justice of the peace to issue subpoenas for witnesses, and to compel their attendance and the giving of evidence by them. When from such cause, or from death, resignation, or other cause, a vacancy in either of the above named offices occurs, it shall be the duty 10 of the county superintendent, within ten days after the va- cancy occurs, or as soon thereafter as practicable, to supply the same by appointment. 455- (3987) The same; may revoke teachers' license. For intemperance, immoral conduct, brutal treatment of a pupil, or other good cause, the county superintendent may revoke the license of a teacher; but the teacher shall be allowed an appeal to the state board of education, to whom statement, under oath, of the facts may be made by the su- perintendent and other interested parties. The teacher must be notified of the charges ten days before the trial, by the county superintendent. 4506. (3988) The same; duty to successor. The county superintendent, when he resigns, vacates, is removed, or goes out of office, shall, within ten days thereafter, deliver to his successor or to the clerk of the chancery court for him, all money, property, books, effects or papers remaining in his hands. 457- (3989) The same; record of names of trustees, etc.; official notices. The county superintendent shall attend at his office on the fourth Saturday in September of every year to receive the certificates of election of trustees. He shall make a record of the names of trustees, showing the dis- tricts in which they were elected, and the postoffice of each. He shall at that time deliver to the trustees of each district such blanks as they will need for the coming school year, and give them such information with regard to their duties as may be required. He shall address all official correspondence to the trustees ; and notice to them shall be regarded as notice to the people of the district, and it shall be the duty of the trustees to notify the people. 45o8. (3990) The same; not to speculate in teachers' war- rants, etc Any county superintendent, or other county offi- cer, his agent or deputy, who shall purchase any teacher's warrant or pay certificate at less than the amount for which the same shall be drawn, or at a discount, or shall cause another person so to purchase the same, or shall in any way, 11 directly or indirectly, realize a profit from any transaction in teachers' warrants or pay-certificates, or any trade or speculation therein, or loan or advance thereon, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars, nor more than five hun- dred dollars, to be deducted from any money due him as sal- ary, or recoverable on his bond; and one-half of said fine shall be paid to the person giving information of the mis^ demeanor, and the guilty superintendent shall be removed from office. (See Sees. 981, 1315.) 4509. Deputies; when appointed; compensation. The county superintendent of education may, when prevented by sickness from attending to the duties of the office, appoint a deputy, who shall be authorized to discharge all duties per- taining thereto. The qualifications of the deputy shall be the same as the qualifications of a first grade teacher. The deputy superintendent shall be paid not less than seventy- five per centum of the salary the county superintendent shall receive for an equal period of time, and shall be paid out of the salary of the superintendent of education. 4510. (3991) School boards; how appointed, etc. There shall be a county school board, consisting of one member from each supervisor's district, to be appointed for a term of four years, by the superintendent, within ninety days after his term of office begins, the appointments to be subject to ratification by the board of supervisors. A majority of the members shall be a quorum for the transaction of business. For neglect of duty the superintendent may re- move a member of the school board ; and he shall fill all va- cancies occurring from any cause. 4511. (3992) The same; how to qualify; compensation. Members of the county school board shall qualify by sub- scribing to the oath of office before the superintendent, and shall receive as compensation for their services, three dollars for each day's actual service, to be paid as teachers' salaries are paid ; but they shall not be paid for more than five days in any one year. 12 45 12. (3993) The same; ex officio president; boundaries of school districts. The county superintendent shall be president of the school board, and shall convene it annually, prior to the first day of August, to define the boundaries of the school districts of the county outside of the separate school districts, or to make alterations therein, and to des- ignate the location of the schoolhouse in each district, if not already located. (See Sec. 3072.) 4513. (3994) The same; certain institutions of learning considered (Laws 1900, ch. 117). In districts containing not more than one chartered institution of learning, the board shall locate the public school, if it be so desired by the authorities of the chartered institution, with the consent of the trustees of the chartered institution, at the site there- of ; and the public school shall be conducted in accordance with the rules and regulations of the chartered institution of learning, and the local trustees of public schools, and the trustees of the chartered school shall, in joint session, elect teachers for the public school. 4514. (3995) The same; separate districts for the races; descriptions of districts (Laws 1896, ch. no). Separate districts shall be made for the schools of the white and colored races, and the districts for each race shall embrace the whole territory of the county outside the separate school districts. A regular school dis- trict shall not contain less than forty-five educable children of the race for which the district is es- tablished, except where too great distance or impassable ob- structions would debar children from school privileges; in such cases the school board may, in its discretion, establish a regular district containing not less than fifteen educable children. In places where swamps, large streams, or other bodies of water which are not crossed by foot bridges ren- der it impracticable to establish regular districts as above provided, the school board may establish special districts for such children as live in the forks or bends of the streams or other bodies of water, or who are prevented from 13 attending school by other impassable obstruction; provided that a special district shall not be established for less than ten educable children, but such special district may contain less than nine square miles of territory, and the whole num- ber of such special districts in a county shall not exceed one- fifth of the number of regular districts; adjacent parts of counties may, by the county school board, be embraced in a line school district, the superintendent previously consent- ing thereto and reporting to the board the territory to be so included. Trustees of such districts may reside in either county. The teacher may be licensed in either county, but the superintendent must previously agree upon the amount of salary to be paid, and each must contract with the teacher for the proportionate part of the salary, and shall require the teachers' monthly reports to him to show the statistics of the whole school, and also separately those of his county. In defining the boundaries of school districts the school board shall pay due regard to the larger water-courses of the county, using parts of them as boundary lines whenever practicable. In counties not laid off into townships, the metes and bounds of the school districts shall be defined by streams, by the line of farms, or otherwise. 45 J 5- (3996) The same; districts so made that all chil- dren can attend. The districts shall be so arranged as to place all children within reasonable distance of a school- house ; and one public school shall be maintained in each dis- trict ; but when less than five children attend school in a dis- trict, the school shall be discontinued by the superintendent at the end of any scholastic month. 4516. (3997) Attendance out of proper distance. Chil- dren residing in one district may attend school in another, with the consent, in writing, of the trustees of both districts, and of the county superintendent; but pupils shall not be allowed to attend more than one term during a scholastic year. 45 1 7- (399S) Teachers' register and outline map. It shall be the duty of the county superintendent to prepare, 14 on township blanks, an outline map, showing the numbers of the sections and parts of sections embraced in each school district outside of the separate school district, and to paste the same in the school register for the district before deliver- ing it to the teacher thereof. It shall be unlawful to issue a pay certificate to the teacher of any district not established and recorded in accordance with the provisions of the law. 45*8- (3999) Trustees; qualifications; how elected (Laws 1894, ch. 65). There shall be three trustees for each of said school districts, each to be chosen for a term of three years, but so chosen that one will be selected every year. They shall be persons of good character, patrons of the school, and able to read and write. The trustees shall be elected by the patrons of the school, except in separate school districts. 4519. (4000) The same; when and how elected and certi- fied (Laws 1894, ch. 65). On the first Saturday of August of each year the patrons of each district not constituting a separate school district shall meet at the schoolhouse at two o'clock p.m., organize and select a chairman and secretary, and elect by ballot one trustee for three years. At every such meeting the holding over trustees shall have prepared and present a list of the names of patrons entitled to vote for trustees. The chairman and secretary shall forthwith cer- tify the result of the election to the county superintendent, and cause the certificate thereof to be delivered to him on or before the following Saturday. If from any cause a va- cancy occurs in the office of trustee, outside of a separate school district, the county superintendent shall fill the same by appointment, unless the patrons thereof shall fill the same by an election within ten days after such vacancy occurs. 4520. (4001) The same; vacancy; how filled. If from a failure to qualify, or from other cause, there be a vacancy in the office of trustee, outside of a separate school district, the county superintendent shall fill the same by appoint- ment, in writing; and the trustee so appointed shall hold office until the end of the vacant term, and until his suc- cessor be elected. 15 45 21 - (4 2 ) The same; quorum; executive officer; re- movals Two of the trustees constitute a quorum to trans- act business. Upon organization, the trustees shall select a secretary, whose duty it shall be to preside at all meet- ings, to make the reports, and to perform all other duties required by law. If a trustee refuse to discharge the duties of the office or refuse to patronize the school, the office shall become vacant, and the county superintendent shall appoint another person to be trustee. 4522. (4003) The same; to select teacher. The trustees shall meet annually, on or before the fifteenth day of Sep- tember, to select a teacher if the school be opened during the winter term, and they shall at once notify the county superintendent of their selection. If the trustees fail so to report, or, if the teacher selected fail to obtain a license, the superintendent shall appoint a licensed teacher, and have the school taught during the winter term. 4523. (4004) The same; to examine enumerations. The trustees shall scrutinize carefully the enumeration of educa- ble children who attend the school made by the teacher, see that the children of the district and none others are in- cluded in the list, and certify the same over their official signatures placed in the teacher's register at the end of the list; and the enumeration thus reported and certified shall guide the superintendent in determining the salary of the teacher for the ensuing year. 4524. (4005) The same; other duties. The trustees may suspend or expel a pupil for misconduct, and shall look after the interests of their schools, visit the same at least once during each month by one or more of their number, see that fuel is provided, protect the school property and care for the same during vacation, and arbitrate difficulties or disputes between teachers and pupils ; but either party feel- ing aggrieved by their decision, may appeal to the county superintendent, and from him to the state board of educa- tion. And the trustees may make provisions for the com- fort and welfare of the pupils; but the same shall not in- 16 volve an expenditure of money not already appropriated for the purpose by the proper authorities. 4525. (4006) Trustees of separate school districts. The powers and duties of trustees of separate school districts are as follows : (a) To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools, and to transact their business at regular or special meetings called for such purpose, notice of which shall be given each member. (b) To manage and control the school property within their district, and to employ janitors ; (c) To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority ; (d) To appoint librarians therefor, and enforce the rules prescribed for the government of school libraries. (e) To exclude from school and school libraries all books, publications, or papers of a sectarian, partisan, denomina- tional or immoral character; (/) To suspend and expel pupils for misconduct; (g) To visit every school of their district at least once in each month, and examine carefully into its management, condition and wants ; (h) To maintain all the schools under their control for an equal length of time during the year ; (i) To furnish blackboards and other necessary furniture for the use of the schools. (/) To elect a superintendent, if one be required, and a principal for each of the schools, and prescribe their powers and duties; () To elect teachers, fix their salaries, terms of service, contract with them, and impose fines and penalties for neglect of duty ; but they cannot contract with a principal or teacher who does not hold a license from the county super- intendent ; 17 (/) To require the principal of each school to keep the records thereof in such manner as to show, by age, race and sex, the educable children who attend the school, the enroll- ment and the average attendance, and at the end of the term to make complete term report to the trustees, showing the above statistics and such others as may be required of the county superintendent for his annual report to the state board of education. The secretary of the trustees shall, within ten days after the close of the term, transmit their report to the county superintendent; and it shall be unlaw- ful for the superintendent to issue pay-certificates for the last month's attendance of county pupils until said report is filed with him. (m) To determine annually the amount of money re- quired for the support of the public schools and for carrying into effect all the provisions of the law in reference thereto ; and in the pursuance of this provision the trustees shall, on 01 before the fifteenth of July of each year submit in writing to the mayor and board of aldermen a careful estimate of the whole amount of money to be received from the state and county, and the amount required from the municipality for the above purpose. 4526. (4007) The same; how chosen. The schools of such district shall be under the control of five trustees, to be elected on the second Monday in April, or at the first regular meeting prior thereto, by the mayor and board of aldermen, or in the manner prescribed by the board ; and the trustees shall all be patrons of the school. The conditions of eligibility imposed and powers granted trustees, under the general law, shall apply to trustees of separate school districts, and they shall be subject to the same penalties, and to removal from office by the board for the neglect of duty, but no member of the board of aldermen shall be eli- gible to the office of trustee; or any one who is a trustee of a private or sectarian school or college in same separate school district. 18 45 2 7- (4008) The same; term of office. The trustees shall be chosen for a term of three years ; two being chosen each year for two successive years, and one being chosen during the third year, as vacancies shall occur. In unincor- porated districts the vacancies annually occurring shall be filled as hereto provided for the appointment of trustees of such district. Their term of office shall be three years, and vacancies shall be filled by .the mayor and board of aldermen, but vacancies in unincorporated districts shall be filled by the county superintendent of education. Existing trustees of separate school districts shall remain in office according to the terms of their appointment or designation, unless selected under the general law; and where they are numerous and authorized to act by a smaller number to be selected by them, they may continue to do so. 4528. (4009) As to all school trustees. The trustees have the power to exclude from the schools children of filthy or vicious habits, or children suffering from contagious or infectious diseases. 4529. (4010) The same; nepotism forbidden. It shall be unlawful for a trustee of any school to vote for any per- son as a teacher who is related to him by blood or marriage within the third degree, or who is pecuniarily dependent upon him. 453- (4 O11 ) Separate school districts. Any munici- pality, by an ordinance of the mayor and board of aldermen thereof, or any unincorporated district of not less than six- teen square miles, by the county school board, on a petition of the majority of the qualified electors therein, may be de- clared a separate school district, but shall not be entitled to the rights and privileges of a separate school district unless a free public school shall be maintained therein for a term of at least seven months in each scholastic year. 4531. The same; rural. For separate school districts having no municipal organization, the board of supervisors, on petition of a majority of the tax-payers of a separate school district, shall levy the required tax; and the county 19 tax-collector shall collect the same and deposit it with the county treasurer to the credit of the district for which it was levied. Such fund shall be disbursed on pay-certificates issued by county superintendent when he shall have re- ceived an order from the trustees of the district. Trustees shall be appointed by the county superintendent of education. When a majority of the qualified electors of a district shall petition by the first day of April in each year for the appoint- ment of certain patrons to be trustees, the county superin- tendent shall appoint those recommended, but when no peti- tion is filed with the superintendent, or a majority of the qualified electors fails to recommend trustees, the county superintendent shall make the appointments. 453 2 - (4 12 ) The same; county children may attend. Children may attend the school of a separate school district in their county, and the county during the winter term shall pay the actual cost of tuition in the school they attend. In computing the cost of tuition, the salary of the municipal superintendent, if there be one, shall not be included as a part of the salaries of teachers, and the salary of a teacher shall not be rated at more than the maximum fixed for teachers of similar grade; but a child in the county shall not attend a separate school district without the consent, in writing, of the trustees thereof, and of the trustees of the school of his district. 4533- (4 OI 3) Territory to be added to separate school district. Any part of a county or counties adjoining a mu- nicipality which is a separate school district, may be in- cluded in such district upon a petition of a majority of the resident freeholders of the territory proposed to be added, and the approval of the municipal authorities. The school taxes in such added territory shall be collected by the county tax-collector and deposited with the municipal treasurer of the district. 4534. (4014) The same; levy taxes for school purposes; erect school buildings and issue bonds. The mayor and board of aldermen of a municipality constituting a separate 20 school district, or board of supervisors of unincorporated separate districts in the manner heretofore provided, shall annually levy a tax sufficient to pay for fuel and other neces- saries for its public free schools, and shall make such levy of taxes as may be necessary to maintain the schools, after the expiration of the four months' term provided for by the state, or to supplement during the four months for the funds distributed by the state. And such municipality, or board of supervisors for unincorporated districts in the manner heretofore provided for, may levy and collect taxes to erect and repair school buildings, and may issue bonds for that purpose in the manner provided in the chapter on "Municipalities." But a tax in excess of three mills on the dollar shall not be levied or collected without the con- sent of a majority of the tax-payers of the municipality. (See Sec. 3415.) 45 35- (4 OI 5) The same; graded schools. A separate school district may make either or both of its schools graded schools; and graded schools may be of two kinds a graded grammar school and a graded high school. In every graded school there shall be a graded grammar school, in which the common school curriculum shall be included; and the graded high school shall be composed of pupils who have passed through the grammar grades, or who shall pass an examination therein; and the course shall be completed in four years. The trustees may fix reasonable tuition fees for the graded high school department, or it may be free; and they may prescribe what other studies shall be taught in the graded high school. 4536. (4016) Examination of teachers; board of exami- ners (Laws 1900, ch. 113). Two first grade teachers, to be appointed annually prior to the fall examination by the county superintendent shall, with the county superintendent, constitute an examining board for each county; provided, the members of said board shall not be related by affinity or consanguinity (but a teacher of a normal or training school shall not be appointed on the board). A majority 21 of said board shall be present and conduct all examinations of teachers, as herein provided, and they shall as a board, and not individually, review and grade the examination papers submitted by applicants for license to teach. The teachers comprising the board shall each receive two dol- lars and one-half for each day of actual service in holding the examinations and twenty-five cents additional for grad- ing the papers of each applicant, to be paid out of the school fund in the same manner as teachers' salaries are paid. The examiners shall qualify by taking and subscribing the oath of office before the county superintendent, who shall file it in his office ; and for violations of any section of this law which refers to examinations, they shall be subject to the same penalties as the county superintendent. 4537. The same; vacancies; how filled. Should a vacancy occur in the office of examiner, the same shall be filled by appointment by the county superintendent of education. 4538. (4017) The same; when examinations held (Laws 1902, ch. 106). On Friday and Saturday of the first four weeks of September, and of the first four weeks of April, the examining board shall hold, under regulations prescribed by the board of education, a written examination of appli- cants to teach. The examination shall be held at the county site, and in the public school building or in the court room whenever practicable. In counties having two court districts the examination shall be held alternately at the places of holding court, if the convenience of the teachers requires it. The superintendent shall exclude from the rooms all per- sons who are not examiners or applicants for license. There shall be separate examinations for the two races. 4539- (4 OI 8) The same; how conducted. The examina- tions shall be held upon questions prepared by the state superintendent of education, and sent, sealed, to the county superintendent, to be opened by him in the presence of the teachers after they have assembled in the examination room, and after the seals have been inspected by the examiners. The questions on one subject at a time shall be written upon 22 a blackboard, and the answers thereto shall be written in ink in the presence of the examiners, and delivered to the super- intendent before the questions on the next subject are given out. All questions prepared by the state superintendent shall relate only to the branches of study required to be taught in the public schools. 4540. (4019) The same; curriculum. The branches of study upon which teachers are required to be examined con- stitute the curriculum of the free public schools. (See Sees. 4543, 4544.) 4541. (4020) The same; all teachers must be licensed. It shall be unlawful for a county superintendent, or the trustees of a separate school district, to contract with a teacher who does not hold a license valid for the scholastic year in which the school is to be taught, and of a grade sufficiently high to meet the requirements of the school. 4542. (4021) The same; good character. Before a license to teach shall be granted, the applicant must furnish the superintendent satisfactory evidence of good moral character, and of ability to govern a school. 4543. (4022) The same; what examined on; -first and second grades. To obtain a first-grade license the applicant must be examined on spelling, reading, practical and mental arithmetic, geography, English grammar and composition, United States history, history of Mississippi, elements of agriculture, civil government, and elements of physiology and hygiene, with special reference to the effects of alcohol and narcotics on the human system ; and to obtain a second- grade license the applicant must be examined on spelling, reading, mental arithmetic, practical arithmetic, elementary geography, elementary English grammar and composition, primary United States history, and primary physiology, with special reference to the effects of alcohol and narcotics on 'the human system; but a teacher otherwise qualified shall not be refused a certificate to teach for the next two years by reason of a want of sufficient knowledge on the subject of physiology. (See Sec. 4540.) 23 4544- (4 2 3) The same; third grade. To obtain a third- grade license the applicant must be examined on the subjects required for second-grade, and must make thereon an average of not less than sixty per centum, with not less than forty per centum on any subject. (See Sec. 4540.) 4545. (4024) The same; grading and marking papers. Immediately after each examination the examiners shall carefully grade the papers and mark thereon their estimate of the value of each answer; and the papers shall be filed in the office of the superintendent, and be subject to the inspection of the applicant or his authorized agent. 4546. (4025) The same; penalty for receiving assist- ance. If an applicant in any way receive assistance, he shall be denied a license and not permitted to teach or stand another examination in the county for a period of two years. Any person who sells or offers to sell, or give away, or offers to give away the examination questions, or answers to the same prepared by the proper authorities for the ex- amination of teachers of the public schools, before the date for the examination, at which time such questions are to be used, shall be guilty of a misdemeanor, and on conviction shall be fined not more than one hundred dollars nor less than ten dollars or imprisoned in the county jail not exceed- ing sixty days, or both, at the discretion of the court. 4547. (4026) The same; how long licenses good, etc. (Laws 1896, ch. 112). License shall be granted to appli- cants who make a general average of seventy-five per cen- tum with not less than fifty per centum on any one subject, and shall not be valid unless filled out according to the form prescribed by the state superintendent. Licenses of second and third grade shall be valid for one year. Licenses for the first grade, with a general average of eighty-five per centum, shall be valid for two years ; and licenses for the first grade, with a general average of ninety per centum, shall be valid for three years ; and the second three-years license obtained after the expiration of the first shall be renewable in the county where issued as long as the holder continues to teach ; 24 but any teacher who has taught under a first-grade license for five years consecutively, shall be exempt from further examination. 4548. (4027) The same; age of teacher, etc. A license to teach shall not be granted to an applicant under seventeen years of age ; nor shall a license for more than one year be issued to an applicant who has had less than six months' experience in teaching. 4549. (4028) The same; special examinations. In coun- ties where the number of licensed teachers is insufficient to supply the schools, the board of education may grant a special examination; but the examination fee in such cases shall be two dollars, and the licenses issued shall be valid only until the next regular examination. Special examina- tions shall be granted teachers who are under contract to teach in a public school in the county, if at the time of the general examination they were unable to attend or were teaching or attending school more than fifty miles away. The superintendent may require each teacher so examined to pay him a fee of two dollars and fifty cents. 4550. (4029) .Indorsement of licenses (Laws 1898, ch. 77) . A teacher holding a license in one county and wishing a transfer to another county may direct the superintendent of education of the county where the examination was held to forward his papers and license issued thereon to the state board of examiners, and if the grading of the county board is sustained by the state board of examiners, the license may be transfererd to any county which the applicant may desig- nate. Applicants for transfer license shall pay a fee of one dollar and fifty cents to the state board of examiners for grading their papers. 4551. State board of examiners (Laws 1896, ch. 106). There shall be a state board of examiners which shall consist of three members, who shall be first-grade teachers of schol- arly attainments, and of successful experience, to be ap- pointed by the state superintendent of education. 25 455 2 - The same; duties. It shall be the duty of the state board of examiners to aid the state superintendent of edu- cation in preparing all examination questions for the teach- ers of the state, to grade papers of applicants for pro- fessional and state licenses, to hear and decide all appeals from teachers or county superintendents regarding exami- nations; to examine all applicants or candidates for the office of county superintendent under regulations passed by the state board of education. 4553. Licenses; how secured. Any teacher wishing to secure a professional license shall pass a satisfactory exami- nation in the presence of the county superintendent, or other authorized agent of the state board of examiners, on the following subjects : Algebra, geometry, rhetoric, Eng- lish literature, the science of teaching, civil government, Caesar and Virgil, and on such other subjects as the state board of examiners may add. Any teacher may secure a state license by passing a satisfactory examination in the presence of the county superintendent, or other authorized agent of the state board of examiners, in spelling, reading, practical and mental arithmetic, geography, English gram- mar and composition, United States history, Mississippi his- tory, elements of agriculture, civil government, elements of physiology and hygiene, with special reference to the effects of alcohol and narcotics on the human system; provided applicants for state licenses shall have their papers for- warded to state board of examiners by county superin- tendent and graded by state board of examiners. The state board of examiners may grant licenses of a grade lower than that for which the applicant applies; provided that the per- centage reaches that fixed by law. On all licenses granted the board shall indicate on the face of the license the per- centage made by the applicant on each subject. A state license shall be valid for one, two or three years, according to the value of applicant's papers ; but any applicant receiv- ing the second three-years state license from the state board of examiners shall be exempt from further examinations, 26 and a state license from said board of examiners shall be valid in every county of the state, but the state board of examiners may revoke licenses for cause and where teachers discontinue to teach. All teachers heretofore exempt from examination in the counties in which they reside may for- ward their papers to the state board of examiners upon the payment of one dollar and fifty cents to said board of exami- ners, and the board of examiners may issue to said teachers state licenses in lieu of licenses granted by county super- intendents. 4554- Compensation and term of office. The state board of examiners shall, receive as compensations for their ser- vices five dollars from each applicant for professional license; five dollars from each applicant or candidate for county superintendent of education in the several counties of the state, and fifty cents for each applicant for state license, which sum shall be paid by the county superin- tendent of education to the state board of examiners, as teachers are paid, and as is now paid to county examiners. The state board of examiners shall serve for four years each, unless removed by the state superintendent for cause. 4555- (43) Professional licenses. The board of edu- cation shall have power to issue professional licenses to teachers of recognized ability, moral character, and schol- arly attainments who shall pass a satisfactory written ex- amination, held as prescribed by the board, on algebra, geometry, rhetoric, English literature, the elements of bot- any and chemistry, the science of teaching, civil government, and Latin, through Caesar and Virgil. The manuscripts of examinations shall be kept on file in the office of the state superintendent, and the licenses shall be valid for life in any part of the state. 4556. (4031) Salaries of teachers and assistants (Laws 1904, ch. 166). The salaries for schools requiring one teacher shall be fixed by the county superintendent between the following limits: For a third grade teacher, between fifteen dollars and twenty dollars; for a second grade teacher, between eighteen dollars and thirty dollars; for a first grade teacher, between twenty-five dollars and seventy- five dollars; provided, that in counties having a surplus in the school fund the county superintendent of education may pay teachers in schools employing two or more teachers as much as one hundred dollars to the principal and sixty- five dollars to the assistant teachers; such salaries to con- tinue only so long as said counties may have an unexpended surplus in the school fund. In fixing the salary the super- intendent must take into consideration the executive and teaching capacity of the teacher, and the size of the school, to be determined both by the educable population of the district and the average attendance of the two preceding years. The salary of the assistant shall not exceed by more than five dollars the minimum fixed for the grade of license he holds, if the teacher be of the second or third grade, nor more than twenty dollars if the teacher be of the first grade, but the salary of any assistant may be lower than the minimum. In schools requiring more than one teacher the salary of the prinicpal shall be regulated so that the cost per pupil shall not materially vary from the average cost of pupils in schools with single teachers. This section shall not be construed to prohibit the employment of competent teachers of the several grades for a less compensation than that mentioned. The salaries of principals and assistant teachers in separate school districts shall be fixed by the trustees. 4557- (43 2 ) Monthly salaries to be proportionate to the whole school fund. Superintendents shall fix the salaries of teachers so that the amount to be paid in salaries for maintaining all the schools one month " shall not exceed that fractional part of the whole school fund which one month is of the whole number of months the schools are to be taught. 4558. (4033) When assistants allowed. The superin- tendent shall have power to allow one teacher to every fifty educable children in a school district. When a school is 28 in operation and has more than forty pupils in actual at- tendance, upon application of the trustees for an assistant, the superintendent shall visit the school, and, after con- ference with the trustees, and an examination of the daily register, he shall grant an assistant, if in his judgment one be needed. In the same manner he shall grant a second assistant, when needed, in a school with more than eighty pupils in actual attendance; but, in schools with more than one hundred pupils in actual attendance, only one teacher shall be allowed for every thirty pupils. In all cases those pupils only who are entitled to attend the public schools of the district shall be counted in making up the actual attendance. 4559- (4 O 34) Grade of license of a principal of a school- A teacher with a third-grade license shall not be principal of a school which^ requires an assistant; and in schools requiring more than two assistants, the principal must have a first-grade license. 4560. (4035) Contracts with teachers. It shall be the duty of the superintendent to make a contract, in the form prescribed by the board of education, with every duly licensed teacher who has been selected by the trustees ac- cording to law or appointment by himself. The contract shall be signed in duplicate by the superintendent and by the teacher, each retaining one part; and it shall show the name of the school, the position of the teacher, whether principal or assistant, and the monthly salary. In addition to the fixed salary, there shall be stated in the contract two successively smaller amounts, which shall be the salary in case the attendance decreases to a number for which the conditional amounts would be the fixed salary. Contracts shall be valid for the number of months the school is to be taught during the scholastic year, and it shall be unlawful to issue a certificate for services rendered before the contract is made and signed; provided, that in years when the state appropriation is made after the beginning of the fall school term, that it shall be lawful for a cotmtv superintendent 29 of education to cause the schools to be taught without con- tracts until he shall have officially ascertained the amount of the common school fund that will be distributed to his county for that scholastic year; and provided, further, that where contracts have been made before the amount of school fund to be distributed to his county is known, the same may be changed when he ascertains the amount his county will receive, teachers agreeing thereto; but the county superin- tendent shall have the right, after the expiration of the four months required by the constitution, to make new contracts with teachers in counties making a special levy to carry on the schools for a longer term than four months, and all such contracts shall be made as the law provides, so that the amount to be paid in salaries for maintaining all of the schools one month shall not exceed that fractional part of the whole school fund, as provided by such special levy, which one month is of the whole number of months the schools are to be taught. 4561 (4036) Pupils attending high schools (Laws 1900, ch. 112). Educable children may attend a high school or college in their county and they shall be enrolled, reported and paid for as resident pupils of the district, if the school has been established as a free public school of the county. Such school shall receive all educable children of the race for which it was established, but tuition may be charged for all pupils who pursue studies beyond the public school curriculum, to be paid by the pupil based on number of such studies pursued, to be regulated by the authorities of the institution. 4562. (4037) Schools for Indian children. In a county where there are Indian children sufficient to form a school, the county school board may locate one or more schools exclusively for Indians, and trie state board of education may provide special license for teachers therein. 4563. (4038) School registers; pay-certificates. The principal teacher in a public school shall keep a daily record of facts pertaining to the school, in such form as the school 30 register requires, and he shall be responsible for the safe keeping and delivery of the register to the county super- intendent at the close of the school term, or of the period of service of the teacher; and the county superintendent shall not issue to a teacher a pay-certificate for the last month taught until the teacher shall have delivered to him the register in good order and properly filled out. In the register the teacher shall set down the name, age, and sex of each pupil in attendance, and the names of absentees for each day. At the end of every scholastic month the teacher shall make out from the register a report to the county superintendent of the name, age, and sex of each pupil in attendance during the month, and the number of days such pupil has attended. The report shall be approved by at least two of the trustees, and certified to by them; and upon the filing of such report with him the county super- intendent shall issue to the teacher and the assistants, if any, a pay-certificate, and the report shall be carefully preserved in his office. If the trustees, without good cause, refuse to sign the report, the teacher may appeal to the county super- intendent, who shall issue the pay-certificate without the approval of the trustees, in case he decide in favor of the teacher. 4564. (4039) Enumeration of children during the first month. The principal teacher, not in a separate school dis- trict, shall, during the first month of the term, make a com- plete enumeration of the educable children in the district, and enter in the register the name, color, age, and sex of each child and the names and place of residence of the parents of each child, the same to be examined and ap- proved by the trustees, and a copy thereof delivered to the superintendent with a report of the first month. 4565. (4040) Term reports. With the last monthly re- port of the session the teacher shall make a term report containing such facts and statistics as the blanks furnished may require. If the final monthly report be not made to the superintendent by the fifth of October annually, it shall 31 be unlawful to issue to the teacher a pay-certificate for more than eighty per centum of his salary for that month. 4566. (4041) How warrants for salaries issued to teach- ers; back pay, etc Upon the presentation of a pay-certifi- cate for services rendered as a teacher, duly attested by the superintendent, the clerk of the board of supervisors, or of the municipality being a separate school district, shall issue a warrant on the treasury for the amount stated in the certificate, the warrant to state upon its face the number of the month of the term during which the services were rendered as, first month, second month, etc. and to specify the fund upon which it is drawn ; the clerk shall keep a file of the certificates so received as parl of the official records of his office, and shall be governed in every respect by the same laws that regulate the issuing of county or municipal warrants for other purposes, except that the warrants for teachers' salaries shall be issued directly upon the certificate of the county superintendent, without any action thereon by the board of supervisors or the mayor and board of alder- men by way of allowance or approval. For services rendered by teachers in public schools before the time when this chapter becomes operative, and -for which a pay-certificate or warrant has not been issued because of a want of funds in the treasury out of which to pay it, the board of super- visors or municipal authorities, as the case may be, are authorized to make proper allowances upon proof of such services rendered in good faith. 4567. (4042) Scholastic year, month, and day. The scholastic year shall begin on the first day of October and end on the thirtieth of September. Twenty days of actual teaching shall constitute a school month, and the number of hours of actual teaching that shall constitute a school day shall be fixed and determined by the board of trustees thereof, at not less than five nor more than eight hours. 4568. (4043) School term, winter and summer; time for opening (Laws 1902, ch. in). There shall be a winter term and a summer term, during either of which a school 32 may be taught, at the option of its trustees. The county school board shall fix the day for the opening of the winter term between the first Monday of October and the second Monday in January, and for the opening of those of the summer term, on the first Monday in April, or as soon thereafter as they deem suitable. These dates may be fixed by the county school board at their annual meeting, or at any called meeting, or by their written consent to a date proposed by the superintendent, who, when the dates are fixed, which shall in all cases be done at least twenty days prior to the opening of the term, shall notify the secretary of the trustees of each school in the county. This section shall not prevent the trustees of the schools in a separate school district from fixing the time at which their schools may begin and end. 4569. (4044) Continuous session, unless, etc. The schools shall be kept in continuous session four months, and as much longer as the school fund of the scholastic year will maintain them. Trustees may, however, with the consent of a majority of the patrons, divide the session, and have such portion of it as they deem proper taught in either term; but in that case they shall notify the superintendent of such division and of the scholastic month at the begin- ning of which they wish their school to open. The county superintendent may close all the schools for the Christmas holidays, for an equal period of time, not to exceed two weeks, and, upon application from the trustees, may close any school because 'of an epidemic prevailing in the school district, or on account of the death, sickness, resignation or dismissal of the te'acher; but such schools shall be allowed their full time after being reopened during the scholastic year. 457- (4 O 45) Bond and duties of county treasurers. The county treasurer and the treasurer of every munici- pality constituting a separate school district, shall be re- quired to give additional bonds, to be fixed by the board of supervisors and the mayor and board of aldermen, respect- 33 ively, in an amount not less than the amount of school funds likely to be in their hands at any one time, for the faithful performance of their duties; and the county treas- urers of the Chickasaw cession counties shall be required to give additional bonds for the amount of the Chickasaw school fund to be distributed to their counties, equal to the amount to be distributed for the year; but the additional bonds shall be cumulative security, and the treasurers shall be liable on their official bonds for all school funds coming into their hands. It is the duty of the county treasurers to make to the auditor of public accounts, reports, on the second Mondays of January and June of each year, of all moneys accruing to the common school fund from polls collected in their respective counties ; to keep on their books separate and distinct accounts of the moneys arising from poll-taxes, from taxes levied by the board of supervisors for the maintenance of public schools, from the distributive share of the common school fund, from Chickasaw school fund, and from interest on funds derived from the sixteenth sections, and funds arising from leases of those sections, and funds from any other source ; to receive and receipt for all moneys on account of school funds of the county; to pay money out of the common school fund upon the order of the county superintendent of education, ap- proved by the board of supervisors, except in case of teachers' salaries, which shall be paid upon war- rants issued by the clerk, on the certificate of the county superintendent; and to make, on or before the fifteenth of October, an annual report to the state board of education, a duplicate of which shall be furnished to the county superintendent, showing the amount received for public schools from each source during the preceding fiscal year, the disbursements for the several purposes, and the amount of school warrants unpaid. The treasurer shall compare this report with the account kept by the county auditor, who shall certify that the report agrees with the account kept by him, if found to be correct. The treasurer 34 : same time, make a special report of the receipts sements of township funds belonging to each townsmp. These reports shall be made in the form pre- scribed on blanks furnished by the state superintendent. It shall be the duty of the county superintendent to report a treasurer failing to make any such report to the district attorney, who shall proceed against the treasurer criminally and by suit on his bond. (See Sec. 4701.) 4571. (4046) Duties of separate school district treasur- ers. The county treasurer shall, immediately upon receipt thereof by him, pay over to the treasurer of a municipality in his county which is a separate school district, all money to which the separate school district may be entitled; and the treasurer of each municipality which is a separate school district, shall perform like duties as are devolved on county treasurers, as far as applicable, in reference to money for the support of schools; and they shall be subject to the same penalties for failure to make the reports required to be made to the board of education and to the county superintendent. 4572. (4047) Counties may levy ad valorem and poll-tax to carry on schools after four months. The board of super- visors are empowered to levy annually for public schools a tax upon the taxable property of the county, which is out- side the limits of any separate school district, and may levy an additional poll-tax of not exceeding one dollar on each male inhabitant liable to pay a poll-tax; all to be collected as other taxes for general purposes, and at the same time, and to be paid into the county treasury to the credit of the school-fund ; an