UC-NRLF L B B 3 m^ fl4b liili. 1 NOV 12 .^W ;■!■■ ,■:■■■»:■:. III 'I.; '. -lit ill:!:: I,.;'; SUPPLEMENT TO THE Ohio School Laws Enacted by the 77th General Assembly and the 78th General Assembly in Extraordinary Session .•>T Issued by the State Commissioner of Schools, March 25, 1909. 0V\\ <^ > l—a>A; c -"t^"^^^'"^' SUPPLEMENT TO TUB Ohio School Laws CONSISTING OF THE Amendments Enacted by the 77th General Assembly, and 78th General Assembly in Extraordinary Session. Issued by the State Commissioner of Schools, April 9, 1909. Springfield, Ohio: The Springfield Publishing Company, State Printers. 1909. Ohio School Laws. [House Bill No. 1279.] AN ACT To amend section 2S34b of the Revised Statutes relating to restrictions as to contracts, agreements, obligations, appropriations and expenditures. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 2834^ of the Revised Statutes be amended so as to read as follows : Sec. 2834^. The commissioners of any county, the trustees of any township and the board of education of any school district, shall enter into no contract, agreement or obligation involving the expenditure of money, nor shall any resolution or order for the appropriation or expen- diture of money be passed by any board of county commissioners, tow^nship trustees or board of education, unless the auditor or the clerk thereof shall first certify that the money required for the payment of such obligation or appropriation is in the treasury to the credit of the fund from which it is to be drawn, or has been levied and placed on the duplicate, and in process of collection and not appro- priated for any other purpose; which certificate shall be filed and immediately recorded, and the sums so certified shall not thereafter be considered unappropriated until the county, township or board of educa- tion is fully discharged' from the contract, agreement or obligation, or so long as the order or resolution is in force, and all contracts, agreements or obligations, and all orders or resolutions entered into or passed contrary to the provisions of this section, shall be void. Provided, that none of the provisions of this section shall apply to the contracts authorized to be made by other provisions of law for the employment of teachers, officers, and other school employes of boards of education. Section 2. That said section 2834^ of the Revised Statutes be and the same is hereby repealed, and that all acts and parts of acts inconsistent herewith are hereby repealed as to such inconsistency but not other- wise. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L. Harris, Governor. 380093 OHIO SCHOOL LAWS. [Senate Bill No. 591.] AN ACT To amend and supplement section 3726 of the Revised Statutes of Ohio, relating to the conferring of degrees by colleges and universities. Be it enacted by the General Assembly of the State of Ohio: Sectkjn I. That section 3726 of the Revised Stattites of Ohio be amended so as to read as follows : Sec. 3726. The trustees of a college, university, or other institution of learning incorporated for the purpose of promoting education, religion, morality, or the fine arts, which has acquired real or personal property of the value of twenty-five thousand dollars, and which has filed in the office of the secretary of state a schedule of the kind and value of such prop- erty, verified by the oaths of the trustees, may appoint a president, profes- sors, and tutors, and any other necessary agents and officers, and fix the compensation of each, and may enact such by-laws not inconsistent with the laws of this state or the United States, for the government of the in- stitution, and for conducting the afifairs of the corporation, as they mav deem necessary ; and may, on the recommendation of the faculty, confer all such degrees and honors as are conferred by colleges and universities of the United States, and such others having reference to the course of study, and the accomplishments of the student, as they may deem proper. Provided, that no college or university shall confer any degree until the president or board of trustees of such college or university shall have filed) with the secretary of state a certificate issued by the state commis- sioner of common schools that the course of study of such institution of learning has been filed in his office, and that the equipment as to faculty and other facilities for carrying out the said course of study are propor- tioned to the property of such institution and the number of students in actual attendance so as to warrant the issuing of degrees by the trustees of said institution. Provided, further, that any chartered institution of learning failing to file with the secretary of state on or before June ist, 1908, the certificate herein provided for shall forfeit its charter and the same shall be revoked by the said secretary of state. Section 2. That said section 3726 of the Revised Statutes of Ohio be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May i, 1908. Approved May i, 1908. Andrew L. Harris^ Governor. OHIO SCHOOL LAWS. t) ) [House Bill No. 938.] AN ACT To amend section 3893 of the Revised Statutes, relating to the annexation of territoi-y to municipalities affecting school districts. Be it enacted by the General Assembly of the Stale of Ohio: Section i. That section 3893 of the Revised Statutes, relating to the annexation of territory to municipahties afifecting- school districts be amended so as to read as follows : Sec. 3893. Whenever territory is annexed to a city or village, such territory thereby becomes a part of the city or village school district and the legal title to all school property in said territory shall remain vested in the board of education of the school district from which said territory was detached for all school purposes, until such a time as may be agreeable be- tween the several boards of education, when such property may be trans- ferred by warranty deed, or in case of disagreement between said boards of education, like proceedings shall be had as in section 3896 of the Re- vised Statutes. Provided, further, that where territory located' within the corporate limits of a village is attached for school purposes to a districL other than the village school district, and the boards of education of the districts are unable to agree as to the transfer of such territory, the board of education of the village school district may file a petition in the Probate Court asking for the transfer of the territory within the corporate limits of the village, and the Probate Court shall have the same jurisdiction as is provided by section 3896 of the Revised Statutes. Section 2. That said section 3893 of the Revised States, be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 14, 1908. Approved April 15, 1908. Andrew L. PIarris^ Governor. [Senate Bill No. 4.55.] AN ACT To amend section 3897 of the Revised Statutes of Ohio, as amended April 25, 1904, relating to boards of education. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 3897 of the Revised Statutes be amended to read as follows : 6 OHIO SCHOOL LAWS. Sec. 3897. In city school districts, the board of education shah con- sist of not less than three members nor more than seven members elected at large by the qualified electors of such city school district, provided that in city school districts which at the last preceding federal census contained a population of more than 50,000 persons, the board of eduation shall con- sist of not less than two nor more than seven members elected at large by the qualified electors of such city school district, and of not less than two members nor more than twelve members elected from subdistricts by the qualified electors of their respective subdistricts, and, provided further that whenever the number of members of the board of education in the school districts of cities which at the last or any subsequent federal census ma) have a population of more than 50,000 persons is changed under the provisions of this act, then such board of education shall consist of not less than three members nor more than seven members elected at large by the qualified electors of such city school district. Not later than the first day of June next after the passage of this act, the board of education of each city school district in which members have heretofore been elected from subdistricts and within three months after the official announcement of the result of each federal census, the board of education of each city school district shall prescribe the boundaries of the subdistricts or shall pass a resolution fixing within the limits prescribed by this act, the number of members of said board of education to be elected at large, and if any members of said board shall have been elected by subdis- tricts designating the subdistrict members to serve temporarily as mem- bers at large in accordance with the provisions of this act. Said subdistricts shall be bounded, as far as practicable by cor- poration lines, streets, alleys, avenues, public grounds, canals, water courses, ward boundaries, voting precinct boundaries or present school district boundaries, and shall be as nearly equal in population as pos- sible and shall be composed of adjacent and as compact territory as possible. Whenever the number of members of the board of education of any city school district shall have been changed in accordance with the pro- visions of this act, then the members that have been elected at large shall serve the terms for which they have been elected, and if any members have theretofore been elected by subdistricts, and the number of members at large shall be increased, the proper number shall be chosen by lot from the subdistrict members whose terms first expire to serve until the expiration of their terms, and the proper number shall be chosen by lot from the sub- district members whose terms last expire to serve until the expiration of their terms. If the board of education consists of an even number of mem- bers, one-half shall be elected every alternate odd numbered year for four years, and if of an odd number of members then one-half plus one shall be elected in the year 1909, or four or a multiple of four years thereafter, and the remaining number in the year 191 1 or four or a multiple of four OHIO SCHOOL LAWS. 7 years thereafter. At the expiration of their respective terms, their successors shall be elected for four years. Whenever the number of members of any city board of education, in which heretofore any members had been elected by subdistricts,is changed in accordance with the provisions herein, then the office of subdistrict mem- bers in such city school district is hereby abolished. Subdistricts shall be numbered from one up, consecutively and mem- bers to be elected to the board of education from subdistricts of odd num- bers beginiiing- with one shall be elected in the year 191 1, and those elected from subdistricts of even numbers shall be elected in the year 1909, and at the expiration of their respective terms, their successors shall be elected for four years. If the board of education shall fail to prescribe the boundaries of the subdistricts or pass the resolution as provided herein at the time or times herein specified, then and in that event the members who have been elected at large of such board so failing, shall, subject to the requirements of this act, forthwith prescribe the boundaries of the subdistricts or pass the reso- lution as herein required at the time or times herein specified. Members elected at large must be electors of the city school districts and members elected from subdistricts must be electors of the city subdistricts from which they are chosen or of the territory attached to the subdistrict for school purposes, and a removal from said subdistrict territory or city school district shall vacate said office. The number of members of the board of education shall not be changed except at the times herein pro- vided. Section 2. That said section 3897 be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 20, 1908. Andrew L. Harris, Governor. [House Bill No. 678.] AN ACT To amend section 3920 of the Revised Statutes of Ohio, as amended April 25, 1904, relating to the organization of township boards of education. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 3920 of the Revised Statutes of Ohio be amended so as to read as follows : 8 OHIO SCHOOL LAWS. Sec. 3920. Boards of education of township school districts shall organize on the first Monday in January after the election of the board, by the election of one of their members president and the election of a clerk who may or may not be a member of the board, the president to be electeil for one year and the clerk to be elected for a term not to exceed two years. They shall fix the time of holding regular meetings. Each member of the board shall receive, as compensation, two dollars, for each meeting actually attended for not more than ten meetings in any year. The compensation allowed to members of the board shall be paid from the contingent fund. Section 2. That section 3920 be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 14, 1908. Approved April 15, 1908. Andrew L. Harris, Governor. [House Bill No. 723.] AN ACT To amend section 3922 of the Revised Statutes of Ohio, in relation to the sus- pension of schools in subdistricts, and conveyance of pupils to other dis- tricts. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 3922 of the Revised Statutes of Ohio, in relation to the suspension of schools in subdistricts, and conveyance of pupils to other districts, be amended so as to read as follows : Sec. 3922. The board of education oi any township school district i'^ authorized to suspend the schools in any or all subdistricts in the town- ship district, but upon such suspension the board must provide for the con- veyance of the pupils residing in such subdistrict or subdistricts to a pub- lic school in said township district, or to a public school in another district, the cost of such conveyance to be paid out of the funds of the township school district ; or the board may abolish all the subdistricts providing conveyance is furnished to one or more central schools, the expense of such conveyance to be paid out of the funds of the district, but no subdistrict school where the average daily attendance is tvs'elve or more, sliall be so suspended or abolished under the provisions of this section, after a vote has been taken under the provisions of section 3927-2 of the Revised Statutes, when at said election a majorty of the votes cast thereon were against the proposition of cen- tralization, or when a petition has been filed thereunder and has not yet been voted upon at an election. OHIO SCHOOL LAWS. 9 No township schools shall be centralized under this section by the board of education of the township until after sixty days' notice has been g'iven by the board, said notices to be posted in a conspicuous place in each subd'istrict of the township. When transportation of pupils is provided for, the conveyance must pass within at least the distance of one-half of a mile from the respective residence of all pupils, except when such residences are situated more than one-half of a mile from the public road ; but trans- portation for pupils living less than one and one-half miles, by the most direct public highwa}', from the school house shall be optional with the board of education. Section 2. That original section 3922 of the Revised Statutes of Ohio be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 23, 1908. Approved April 24, 1908. Andrew L. Harris, Goz'ernor. [House Bill No. 716.] AN ACT To provide transportation of pupils in village school districts with attached territory. Be it enacted by the General Assembly of the State of Ohio: Section i. Boards of education in village school districts with at- tached territory are authorized to provide for the conveyance of the pupils of said districts to the school or schools of the district, the expense of said conveyance to be paid from the school funds of the village district with at- tached territory. Provided, however, that boards of education of such districts as provide transportation for the pupils thereof, shall not be re- quired to transport pupils living less than one mile from the school house or houses, transportation of pupils in any event shall be optional with the boards of education. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 29, 1908. Approved April 29, 1908. Andrew L. Harris, Governor. 10 OHIO SCHOOL LAWS. [House Bill No. 682.] AN ACT To amend section 3923 of the Revised Statutes of Ohio, as amended April 25, 1904, abolishing joint subdistricts. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 3923 of the Revised Statutes of Ohio be amended so as to read as follows : Sec. 3923. Joint subdistricts are hereby abolished and the territory of such districts, situated in the township in which the schoolhouse of the joint subdistrict is not located, shall be attached for school purposes to the township school district in which said schoolhouse is located, and shall constitute a part of said township school district, and the title of all school property located in said joint subdistrict, is hereby vested in the board of education of the township to which the territory is attached. A map of such attached territory shall be prepared under the direction of the board of education of the township district to which such territory is attached and shall be made a part of the records of said board and a copy of the same shall be filed with the auditor of the county in which said territory is situated, or if the territory be iri two or more counties, said map shall be filed with the auditor of each county. Provided, further, that when such subdistrict is a part of townships, both of which have centralized schools, and no school is maintained in said subdistrict, then the boundaries of the civil township so situated shall form the boundaries of the township school districts, and each township shall have entire control of the territory of such subdistrict lying within its boimdaries. Section 2. That said section 3923 be and the same is hereby repealetl. Freeman T. Eagleson, Speaker' of the House of Representatives. James M. Williams, President of the Senate. Passed April 14, 1908. Approved April 15, 1908. Andrew L. Harris, Governor. OHIO SCHOOL LAWS. 11 [House Bill No. 797..I AN ACT To amend section 3934 of the Revised Statutes, authorizing boards of education of special school districts to provide for the transportation of pupils to school houses. Be it enacted by the General Assemblv of the State of Ohio: Section i. That section 3934 of the Revised Statutes, be amended so as to read as foHows : Sec. 3934. Boards of education of special scliool districts are au- thorized to provide for the conveyance of the pupils of said districts to the school or schools of the di.^tricts or to a school of any adjoining district, the expense of said conveyance to be paid from the school fund of the special school districts ; provided, however, that boards of education of such dis- tricts as provide transportation for the pupils thereof, shall not be required to transport pupils living- less than one mile from the schoolhouse ; trans- portation of pupils, in any event, being optional with the board of educa- tion. Section 2. That said section 3934 is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May ist, 1908. Approved May ist, 1908. Andrew L. Harris, Goz'ernor. [House Bill No. 1003.] AN ACT To amend section 3969 of the Revised Statutes relating to the action of the county commissioners when a board of education fails to provide proper school facilities, and section 3981 of the Revised Statutes with reference to vacancies in boards of education and how filled. Be it enacted by tlie General Assembly of the State of Ohio: Section i. That sections 3969 and 3981 of the Revised Statutes be amended so as to read as follows: Sec. 3969. If the board of education in any district fail in any year to estimate and certify the levy for a contingent fund as required Ijy this chapter, or if the amount so certified is deemed insufficient for school pur- poses, or if it fail to [provide sufficient school privileges for all the youth of 12 OHIO SCHOOL LAWS. school age in the district or to provide for the continuance of any school in the district for at least thirty-two weeks in the year, or to provide for each school an equitable share of school advantages as required by this title, or to provide suitable school houses for all the schools under its con- trol, or to elect a superintendent or teachers, or to pay their salaries, or to pay out any other school money needed in school administration, or to fill any vacancies in the board w'ithin the period of thirty days after such vacancies occur, the commissioners of the county tO' which such district be- longs, 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 all salaries and other money so paid b}' the commissioners of the county, shall be paid out of the county treasur}" as other county expenses are paid, but the same shall be a charge against the school district for which said money was paid, and the amount so paid shall be retained by the county auditor from the proper funds due to such school district, at the time of making the semi- annual distribution of taxes ; and the members of a board wdio cause such failure shall be each severally liable, in a penalty not to exceed 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 coimty, for the benefit of the school or schools of the district. Sec. 3981. Vacancies in any board of education which may be caused by death, non-residence, resignation, removal from office, failure of the person elected or appointed to c[ualify within ten days after the organiza- tion of the board or of his appointment, removal from the district, or ab- sence from meetings of the board for a period of ninety days, provided said absence is caused by reasons declared insuffident by a two-thirds vote of the remaining members of the board, said vote to be taken and entered upon the records not less than thirt}^ days after said absence; such vacan- cies shall be filled by the board of education at its next regular or special meeting or as soon thereafter as possible for the unexpired term. A majority vote of all the remaining members of the board can Jill any vacancy or vacancies that may exist in said board. Section 2. That said sections 3969 and 3981 be and the same are hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed March 31, 1908. Approved March 31, 1908, five o'clock p. ra. Andrew L. Harris, Governor. OHIO SCHOOL LAWS. 13 [Senate Bill No. 9.] AN ACT To amend section 3990 of the Revised Statutes and allowing a board of educa- tion to file an accurate plat and description of the parcel of land sought to be condemned in the insolvency court. Dc it enacted by the General Assembly of the State of Ohio: Section i. That section 3990 of the Revised Statutes be amended to read as follows : Sec. 3990. When it is necessary to procure or enlarge a school site, and the board of education and the owner of the proposed site or addi- tion are unable for any cause to agree upon the sale and purchase there- of, the board shall make an accurate plat and description of the parcel of land which it desires for such purposes, and file the same with the pro- bate judge, or court of insolvency, 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 corporations. Section 2. That said original section 3990 be and the same is herebv repealed. Granville W. Mooney, Speaker of the House of Representatives. Francis W. Treadway, President of the Senate. Passed March 12, 1909. Approved March 15, 1909. Judson Harmon, Governor. [Senate Bill No. 94.] AN ACT To amend section 3998-2 of rhe Revised Statutes of Ohio, by providing power to appropriate land for library purposes and authority to sell real estate. Be it enaeted by the General Assembly of the State of Ohio: Section i. That section 3998-2 of the Revised Statutes of Ohio shall be amended so as to read as follows : Sec. 3998-2. The board of education may provide for the manage- ment and control of such library by a board of trustees to be elected by said board of education as herein provided. Such board of library trustees shall consist of seven (7) members, who shall be residents of the school district, and no one shall be eligible 14 OHIO SCHOOL LAWS. to membership on said library board who is or has been for a year pre- vious to his election, a member or officer of the board of education. The term of office shall be seven years, except that at the first election the terms shall be such that one member shall retire each year. Should a vacancy occur in said board, it shall be filled by the board of education for the un- expired term. The members of said library board shall serve witliout compensation and lintil their successors are elected and qualified. Such library board, in its own name, shall hold the title to and have the custody, management and control of all libraries, branches, stations, reading rooms, and of all library property, real and personal, of such school district, and the expenditure of all moneys collected or received from any source for library purposes for such district. It shall have power to employ a librarian and assistants, but previous to such employ- ment the compensation of such librarian and assistants shall be fixed. Such library board shall have the power, by a two-thirds vote of its members, to purchase or lease grounds and buildings, and erect buildings for library purposes. It shall have the power to appropriate land for library purposes when the owner and the board can not agree upon terms. It shall have the power to dispose of land when, in the opinion of the board, it is no longer needed for library purposes. All conveyances made by the board shall be executed in its name by its president and secretary. It may accept any gift, devise or bequest for the benefit of such li- brary. No member of the library board shall be interested, directly or in- directly, in any contract made by the board. The library board shall re- port annually in writing to the board of education. Section 2. That said original section 3998-2 of the Revised Statutes of Ohio be and the same is hereby repealed. Granville W. Mooney, Speaker of the House of Representatives. Francis W. Treadway, President of the Senate. Passed March 12, 1909. Approved March 15, 1909. JuDSON Harmon, Governor. [House Bill No. 887.] AN ACT To amend section 4007 of the Revised Statutes, relating to elementary schools. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 4007 of the Revised Statutes be amended so as to read as follows : OHIO SCHOOL LAWS. 15 Sec. 4007. Each board of education shall establish a sufficient num- ber of elementary schools to provide for the free education of the youth of school age within the district under its control, at such places as will be most convenient for the attendance of the largest number of such youth, and shall continue each and every elementary day school so established not less than thirty-two nor more than forty weeks in each school year, and all the elementary schools within the same school district shall be continued the same length of time. All boards of education are required to prescribe a graded course of study for all schools under their control in the branches named in section 4007-1 of the Revised Statutes of Ohio, subject to the ap- proval of the state commissioner of common schools. Each township board of education shall establish and maintain at least one elementary school in each subdistrict under its control, unless transportation is fur- nished to the pupils thereof as provided by law. The lx)ard of education in any city school district may establish and maintain a normal school within its respective district and may establish and maintain such summer or vacation schools, school gardening and play grounds as in its discretion seems desirable. Section 2. That said section 4007, be and the same is hereby re- pealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 8, 1908. Approved April 9, 1908. Andrew L. Harris, Governor. [House Bill No. 1023.] AN ACT To amend section 1 of an act entitled, "An act to empower township boards of education to establish township or joint township high schools, and to dis- continue subdistrict schools when too small to justify their continuance," passed April 25, 1898, as amended April 25, 1904, to provide for joint high school districts. Be it enacted by tJic General Assembly of the State of Ohio: Section i. That section i of an act entitled, "An act to empower township boards of education to establish township or joint township high 16 OHIO SCHOOL LAWS. schools, and to discontinue subdistrict schools when too small to justify their continuance," passed April 25. 1904, be amended so as to read as fol- lows : (4009-15) Sec. I. The boards of education of two or more arljoin- ing township school districts, or ,of a township district and of a village or special school district situated partially or wholly within the township, or of any two or more of said school districts may, by a majority vote of the full membership of each of said boards, unite said districts for high school purposes and each board may submit the cjuestion of levying a tax on the property in their respective districts, for the purpose of purchasing a site and erecting a building, and may issue bonds, as is provided for in section thirty-nine hundred and ninety-one, thirty-nine hundred and ninety-two and thirty-nine hundred and ninety-three, of the Revised Statutes of Ohio, but said cjuestion of tax levy must carry in each district before it shall be- come operative in either. If said boards of education have sufficient money in the treasury to purchase said site and erect said building, or if there is a suitable building in either district owned by the board of education that can be used for a high school building it shall not be necessary to submit the proposition to a vote, and the boards are authorized to appropriate money from their funds for this purpose. Any high school so established shall be under the management of a high school committee, consisting of two members of each of the boards creating such joint district, elected by a majority vote of said boards, and whose membership of said high school committee shall be for the same term as their term on the board which they represent. Said high school shall be free to all youth of school age within each district, subject to such rules and regulations as may be adopted by said high school committee, having control of the school in regard to the cjualifications in scholarship requisite for admission, such rules and regula- tions to be of uniform operation throughout each district. The funds for the maintenance and support of such high school shall be provided by ap- propriations from the tuition or contingent funds, or both, of each district, in proportion to the total valuation of property in the respective districts, the same to be placed in a separate fund in the treasury of the board of education of the district in which the schoolhouse is located, and paid out by action of said high school committee for the purposes of maintaining said school. And all boards of education exercising control for the purposes of taxation over any territory within any township or joint township high school district, are hereby authorized and empowered, to levy upon all the taxable property within said territory, not exceeding five mills on one dol- lar in any one year, in addition to all other levies authorized by law. for the support and maintenance of any township or joint township high school to which said territory may belong. And all funds derived from levies OHIO SCHOOL LAWS. 17 made under this act shall be kept separate and shall be paid out for the support and maintenance of the high school for which' such levy is made. Section 2. 'Ihat said section i as amended is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908, Andrew L. Harris^ Governor. [Senate Bill No. 120.] AN ACT To supplement section 4018 of the Revised Statutes of Ohio relating to general duties of teachers by a section to be numbered 4018ffl providing for the health of pupils of public schools. Be it enacted by tJie General Assembly of the State of Ohio: Section i. That section 4018 of the Revised Statutes of Ohio be sup- plemented as follows : Sec. 4018-a. Any board of education in a city school district may provide for the medical inspection of pupils attending the public schools and for that purpose may employ competent physicians and nurses and provide for and pay all expenses incident thereto from the public school funds or mav by agreement with the board of health or other board or offi- cer performing the functions of a board of health for such city, provide for medical and sanitary supervision and inspection of the schools which are under the control of such board of education and of the pupils attend- ing such schools, by a competent physician selected by the parent or guardian of the child, but in case of failure upon the part of the parent or guardian, then i)y the district physicians and other employes to be ap- pointed by such board of health, and any board of education in a city school district making such agreement shall have power to provide and pay compensation to the employes of the board of health in addition to that provided b}- the cit}-. Granville W. Mooney, Speaker of the House of Representatives. Francis W. Treadway, President of the Senate. Passed March 12, 1909. Approved Marcli 15, 1909. Judson Harmon, Governor. 18 OHIO SCHOOL LAWS. [House Bill No. 1052.] AN ACT To amend section 5 of an act entitled, "An act to provide for supplying the schools of Ohio with good and sufficient school books at the lowest possible prices," passed April 22, 1896, relative to adoption of text books. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 5 of an act entitled, "An act to provide for supplying the schools of Ohio with good and sufficient school books at the lowest possible prices," passed April 22, 1896, be amended so as to read as follows : (4020-14) Sec. 5. Each board of education shall, at any regular meeting, held between the first Monday in February and the first Monday in August, determine by a majority vote of all members elected the studies to be pursued and which of said text-books so filed shall be used in the schools under its control, but no text-books now in use or hereafter adopted shall be changed, nor any part thereof altered or revised, nor shall any other text-book be substituted therefor for five years after the date of the selection and adoption thereof, as shown by the official records of said boards, except by the consent, at any regular meeting, of five-sixths of all members elected to the board. Books so substituted shall be adopted for the full term of five years. Each board of education shall cause it to be ascertained, and at any regular meeting shall determine which, and the number of each of said books the schools under its charge shall require, and shall cause an order to be drawn for the amount in favor of the clerk of the board of education, payable out of the contingent fund; and said clerk shall at once order said books so agreed upon by the board, of the publisher and the publisher, on the receipt of such order shall ship such books to said clerk without delay, and the clerk shall forthwith examine such books, and, if found right and in accordance with said order, remit the amount to said publisher, and the board of education shall pay all charges for the transportation of such books, out of the school contingent fund; but if said boards of education can, at any time, secure of the publishers books at a price less than said maximum price, it shall be its duty so to do, and may, without unnecessary delay, make effort to secure such lower price before adopting any particular text-book. Each board of edu- cation shall have power to, and shall make all necessary provisions and ar- rangements to place the books so purchased within easy reach of and ac- cessible to all the pupils in their district, and for that purpose may make such contracts, and take such security as they may deem necessary, for the custody, care and sale of such books and accounting for the proceeds ; but not to exceed ten per cent, of the cost price shall be paid therefor, and said books shall be sold to the pupils of school age in the district, at the price paid the publisher, and not to exceed ten per cent, therefor added, OHIO SCHOOL LAWS. 1 \) and the proceeds of such sale shall be paid into the contingent fund of such district, and whoever receives said books from the board of education for sale as aforesaid to the pupils, and fails to account honestly and fully for the same, or for the proceeds to the board of education when required, shall be gaiilty of embezzlement and punished accordingly. Provided, however, boards of education may contract with local retail dealers to fur- nish said books at prices above specified, the said board being still respon- sible to the publishers for all books purchased by the said board of educa- tion. And when pupils remove from any district, and have text-books of the kind adopted in such district and not being of the kind adopted in the district to which they remove, and wish to dispose of the same, the board of the district from which they remove, when requested, shall purchase the same at the fair value thereof, and resell the same as other books ; and nothing in this act shall prevent the board of education from furnishing free bqoks to pupils as provided by law. That for the purpose of carry- ing into effect the foreging provisions of this act, and paying the ex- penses incident thereto, there be and is hereby appropriated out of any money in the state treasury, to the credit of the general revenue fund,- not otherwise appropriated, the sum of five hundred dollars, to be disbursed and paid on the allowance and order of said commissioner. Provided, however, that it shall be unlawful for any superintendent, supervisor or principal, employed by any board of education in the state, to act as a sales agent, either directly or indirectly, for any person, firm or corporation whose school text-books are filed with the state commissioner of common schools, for use in the public schools of the state, as provided by law ; any viola- tion of this provision shall work a forfeiture of their certificate to teach in the public schools of the state of Ohio. Section 2. That said original section 5 be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L. Harris, Governor. 20 OHIO SCHOOL LAWS. [House Bill No. 1172.] AN ACT To amend section 4022-9 of the Revised Statutes providing relief to enable children to attend school. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 4022-9 of the Revised Statutes be amended to read as follows : Sec. 4022-9. When any truant officer is satisfied that any child, com- pelled to attend school 'by the provisions of this act, is unable to attend school because absolutely required to work at home or elsewhere in order to support itself or help to support or care for others legally entitled to its services who arc unable to support or care for themselves, the truant officer shall report the case to the president of the board of education, and it shall be the duty of said president of the board of education tO' furnish text-books free of charge, and such other relief as may be necessary to enable the child to attend school for the time each year required under this act ; the expenses incident to furnishing said books and relief to be paid from the contingent funds of the scliool district. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. In case the child, or its parents, or guardian, refuse or neglect to take advantage of the provisions thus made for its in- struction, such child may be committed to a children's home or a juve- nile reformatory, as provided for in section 4022-8 of the Revised Statutes of Ohio. Section 2. That section 4022-9 of the Revised Statutes as amended May 12, 1902. is hereby repealed, and this act shall take efifect and be in force on and after July i, 1908. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L, Harris, Governor. [House Bill No. 17.] AN ACT To amend section 4029-3, relating to the tuition of pupils holding diplomas. Be it enaeted by fJie General Assembly of the State of Ohio: Section i. That section 4029-3 of the Revised Statutes of Ohio be amended so as to read as follows : OHIO SCHOOL LAWS. 21 Sec. 4029-3. The tuition of jmpils holding diplomas and residing in township, special, or joint snbdistricts, in which no high school is main- tained, shall be paid by the board of education of the school district in w hich they have legal school residence, such tuition to be computed by tlie month and an attendance any part of the month shall create a liability for the entire month ; but a board of education maintaining a high school shall charge no more tuition than it charges for other non-resident pupils. A board of education providing a third grade high school as defined by law shall be required to pay the tuition of graduates from said school residing in the district at any first grade high school for two years, oir at a second grade high school for one year and a first grade high school for one year. A board of education providing' a second grade high school as defined by law shall be required to pay the tuition of graduates residing in the dis- trict at any first grade high school for one year; provided however any- such l)oard of education maintaining a second or third grade high school shall not be required to pay any such tuition after the rate of taxation per- mitted by law for such district shall have been reached and all the funds so raised are required for the support of the schools of said district. No board of education shall be required to pay the tuition of any pupil for more than four school years; provided the board of education shall be re- (juired to pay the tuition of all successful applicants, who' have complied with the provisions of this act, residing more than three miles from the high school provided by said board, when said applicants attend a nearer high school. When the elementary schools of any township school district in which a high school is maintained are centralized and transportation of pupils is provided, all pupils resident of the township school district hold- ing diplomas shall be entitled to transportation tO' the high school of said township schoo'l district, and the board of education of said school district shall be exempt from the payment of the tuition of said pupils in any other high school for such a portion of four years as the course of study in the high school maintained by the board of education may include. The tui • tion of pupils residing in joint snbdistricts shall be paid by the boards of education, having control of such districts, from the contingent funds of said districts. A lx)ard of education not maintaining a high school may enter into an agreement with one or more boards of education maintain- ing such school for the schooling of all its high school pupils and when such agreement is entered into the board making the same shall be exempt from the ]:)ayment nf tuition at other high schools of pupils living within three miles of the schoid designated in the agreement; ])rovided the school or schools selected by the bt)ard are located in tlie same civil township, or some adjoining tovvuship, as that of the board making the agreement. Where no such agreement is entered intcj the school to be attended can be selected by the pupil holding a diploma ; provided, due notice in writing, is given to the clerk of the board of education of the name of the school to be 22 OHIO SCHOOL LAWS. attended and the date the attendance is to begin, said notice to be filed not less than live days previous to said beginning of attendance. Said tuition can be paid from either the tuition or contingent funds and in case the board of education deems it necessary it may lev}^' a tax of not to exceed two mills on each dollar of taxable property in the district or joint sub- district in excess of that allowed by section 3959 of the Revised Statutes of Ohio ; the proceeds of said levy shall be kept in a separate fund and ap- plied only to the payment of such tuition. Section 2. That said section 4029-3 be and same is hereby re- pealed. Granville W. Mooney, Speaker of the H'ouse of Representatives. Francis W. Treadway, President of the Senate. Passed March 12, 1909. Approved March 23, 1909. Judson Harmon, Governor. [House Bill No. 58.] AN ACT To amend and supplement section 4029-4 of the Revised Statutes regarding what shall constitute a school and to provide for the appointment of two high school inspectors. Be it enacted by the General Assembly of tJie State of Ohio: Section i. That section 4029-4 of the Revised Statutes be amended and supplemented so as to read as follows : Sec. 4029-4. No board of education shall be entitled to collect tuition under this act unless said board shall be maintaining a regularly organized high school with a course of study extending over not less than two years and consisting mainly of branches higher than those in which the pupil is examined. The standing or grade of all public high schools in the state shall be determined by the state commissioner of common schools and his finding in reference to the standing or grade of sucli high schools shall be final. Sec. 4029-4(7. To aid in the recognition and classification of high schools, established or seeking recognition in accordance with the provi- sions of this act, the state commissioner of common schools shall appoint two competent inspectors. Under the orders and supervision of the com- missioner of schools such inspectors shall make examinations of any pub- lic schools in the state, visit teachers' institutes, confer with various school OHIO SCHOOL LAWS. 23 authorities and assist the state commissioner of common schools in such other ways as he may direct ; provided, however, that the inspection herein authorized shall not be a substitute for, or take the place of, the inspection made by the Ohio State University for university purposes. In making the first appointment ouic of the inspectors shall be named for one year and one for two years and thereafter the appointment shall be for two years. Said inspectors shall be paid an annual salary of two thousand dollars. Sec. 4029-4^'. The visitors or field agents of any institution of higher learning, supported wholly or in part by the state of Ohio, shall furnish the state commissioner of common schools with a report of all inspection of public high schools made by them. The reports shall be in such form as the commissioner may prescribe. Section 2. That section 4029-4 be and the same is hereby repealed. Granville W. Mooney, Speaker of the House of Representatives. Francis W. Treadway, President of the Senate. Passed Alarch 12, 1909. This bill was jpresented to the governor March 12, 1909, and was not signed or returned to the house wherein it originated within ten days after being so presented, exclusive of Sundays and the day said bill was pre- sented, and was filed in the office of the Secretary of State March 25, 1909. John W. Devanney, Veto Clerk. [House Bill No. 888.] AN ACT To amend section 4030 of the Revised Statutes, relating to yearly enumeration of school youth. Be it enacted by tlic General Assembly of the State of Ohio: Section i. That section 4030 of the Revised Statutes be amended so as to read as follows : Sec. 4030. There shall be taken in .each district, annually, during the two weeks ending- on the fourth Saturday of May, 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 number between six and eight years of age, the number between eight and fourteen years of age, the number between fourteen and sixteen years of age, the number between sixteen and twenty-one years of age, and the number residing in the Western Reserve, the Virginia Military 24 OHIO SCHOOL LAWS. district, the United States Military district,aiid in any original surveyed township or fractional township to which belongs section i6, or other land in lieu thereof, or any other lands for the use of public schools, or anv interest in the proceeds of such lands. When taking the enumeration provided for in this section, the person appointed to take such enumer- ation, shall make every effort to ascertain as near as possible the number of imbeciles or feeble-minded children between the ages of six and twenty-one, resident within the district, and shall keep an accurate list of the names, sex, age and place of residence of all such children, and shall make said list a part of his report to the cle^rk of the board of education. And there shall also be so taken an accurate enumera- tion of all physically disabled, blind or deaf or mute children, noting sex between six and twenty-one years of age, resident within the dis- trict. Section 2. That said section 4030 of the Revised Statutes be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 8, 1908. Approved April 9, 1908. Andrew L. Harris, Governor. [House Bill No. 830.] AN ACT To supplement section 4042 of the Revised Statutes, autJiorizing boards of edu- cation of districts having depositories for school moneys to dispense with a treasurer of such funds. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 4042 of the Revised Statutes be supple- mented as follows : Sec. 4042a. When a depository has been provided for the school monevs of anv district as authorized bv section 3968 of the Revised Stat- utes of Ohio, the l:)oard of education of such district may, by resolution duly adopted by the vote of a majority of its members, dispense with a treasurer of the school moneys belonging to such school district; and in such district the clerk of the board of education thereof shall perform all the services, and discharge all the duties and be subject to all the obliga- tions that are required of the treasurer of such school district by the Stat- utes of Ohio. Whenever such treasurer is dispensed with as herein pro- vided, then all the duties and obligations required by the Statutes of Ohio OHIO SCHOOL LAWS. 25 of the county auditor, county treasurer, or other officer or person, relating to the school moneys of such district, shall be complied with by dealing with the clerk of the board of education of such district. Such clerk be- fore entering upon such duties, shall give an additional bond equal in amount and in the same manner as is prescribed by 'law for the treasurer of such school district. In any such district, should the depository for any reason cease to act as custodian of the school moneys, then such money shall be placed in the custody of the treasurer of the city, village or township in which such school district is located, or of the special school district ; upon such treas- urer, as treasurer .ex-officio of such school funds, or such treasurer of such special school district, giving bond as required by law to the approval of the board of education such moneys to be held and disbursed by said treas- urer in all respects as now provided by law until such time as another depository is provided for such school moneys, when the same shall be by said treasurer placed in such depository, and the duties and obligations of such treasurer relating to said moneys shall then cease. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 27, 1908. Approved April 27, 1908. Andrew L. Harris, Governor. [Senate Bill No. 453.] AN ACT To amend sections 4073 and 4081 of the Revised Statutes of Ohio, to provide for the granting and revocation of teachers' certificates, age limit and hearing on revocation of certificates in counties, and in city school districts. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 4073 of the Revised Statutes relative to county teachers' certificates be annended so as to read as follows : Sec. 4073. County boards of school examiners may grant teachers' certificates for one, two, three, five and eight years from the day of ex- amination; said certificates shall be valid in all village, township, and special school districts of the county wherein they aro issued; but in all school districts situated in two or more counties, teachers' certificates obtained in either county shall be valid in such districts. All teachers' certificates granted for one, two or three years shall be regarded as pro- visional certificates, and shall be issued and renewed only in compliance 26 OHIO SCHOOL LAWS. with such reasonable regTilations and standards and upon such ratios as the board may adopt. But when any teacher holds a two year or three year certificate and has for the last five years preceding been continuously engaged in teaching in the state of Ohio, such teacher shall be entitled to have such certificate renewed by passing an examination in theory and practice. All certificates granted for five years, or eight years, shall be regarded as professional certificates and shall be renewed without exam- ination at the discretion of the examining board, provided that no such certificate shall be renewable if the holder thereof has not been actively engaged in teaching within the four years preceding. Such professional certificate shall be valid in any county in the state. County boards of school examiners may at their discretion issue certificates without formal examinations to holders of certificates granted by other county and city boards of school examiners. Each county board of school examiners may make its own regula- tions to grant certificates without formal examinations, except in theory and practice of teaching and in the science of education, to graduates of schools for the training of teachers, providing at least a two-years' course of study in addition to graudation from a first grade high school, and of colleges or universities, providing at least a four years' course of study in addition to graduation from a first grade high school, as may be ap- proved by them. Certificates thus granted to such graduates may be is- sued, on application within one year after graduation, first for one year ; and at their expiration, on satisfactory evidence of success in teaching, certificates for longer terms may be issued. Between regular examinations, county boards of school examiners may, at their discretion, issue temporary certificates, which shall be valid only until the next regular examination held by said boards after the issue of said certificates. No certificate shall be issued to any person who is less than eighteen years of age ; and if at any time the recipient of a certificate be found in- temperate, immoral, incompetent or negligent, the examiners, or any two of them, may revoke the certificate; but such revocation shall not pre- vent a teacher from receiving pay for services previously rendered; but before any hearing is had by a board of examiners on the question of the revocation of a teacher's certificate, the charges against the teacher shall be reduced to writing and placed upon the records of the board ; and the teacher shall be notified in writing as to the nature of the charges and the time set for the hearing, such notice to be served personally or at his residence ; and the teacher shall be entitled to produce witnesses and defend himself; the examining board shall have power to send for witnesses and examine them on oath or affirmation touching the matter under investigation, and said oath or affirmation may be administered by any member of the board of examiners. The fees and the per diem of OHIO SCHOOL LAWS. - 27 examiners for conducting such investigation, at three dollars a day each, and other expenses of such trial shall be certified to the county auditor bv the clerk and president of the examining board, and be paid out of the county treasury upon the order of the auditor. Section 2. That section 4081 of the Revised Statutes relative to teachers' certificates in cities be amended so as to read as follows : Sec. 4081. Each city board of school examiners may grant teachers* certificates for one, two, three, five and eight years from the day of ex- amination; and said certificates shall be valid within the district wherein they are issued. All teachers' certificates granted for one, two or three years shall be regarded as provisional certificates and shall be issued and renewed only in compliance with such reasonable regulations and stand- ards and upon such ratios as the board may adopt. But when any teacher holds a two or three year certificate and has for the last five years preceding been continuously engaged in teaching in the state of Ohio such teacher shall be entitled to have such certificate renewed by passing an examination in theory and practice. All certificates granted for five years, or eight years, shall be regarded as professional certificates and shall be renewed without examination at the discretion of the examining board, provided that no such certificate shall be re- newable if the holder has not been actively engaged in teaching within the four years preceding. Such professional certificate shall be valid in any city in the state. City boards of school examiners at their discretion may issue c-ertificates without formal examinations to holders of certificates granted by other city and county boards of school examiners. Each city board of school examiners may make its own regulations to grant certificates without formal examinations, except in theory and practice of teaching and in the science of education, to graduates of schools for the training of teachers, providing at least a two-years' course of study in addition to graduation from a first grade high school and of colleges or universities, providing at least a four- years' course of study in addition to graduation from a first grade high school, as may be approved by them. Certificates thus granted to such graduates may be issued, on application within one year after graduation, first for one year; and at their expiration, on satisfactory evidence of success in teach- ing, certificates for longer terms may be issued. Between regular examinations, city boards of school examiners may, at their discretion, issue temporary certificates, which shall be valid only until the next regular examination held by said board after the issue of said certificates. No certificates shall be issued to any person who is less than eighteen years of age; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent, or negligent, the examiners, or any two of them, may revoke the certificate, but such revocation shall not 28 OHIO SCHOOL LAWS. prevent a teacher from receiving pay for services previously rendered, but before any hearing is had by a board of examiners on the question of the revocation of a teacher's certificate, the charges against the teacher shall be reduced to writing and placed upon the records of the board, and the teacher shall be notified in writing as to the nature of the charges and the time and place set for the hearing. Such notice shall be served either personally or at the residence of the teacher whose certificate it is proposed to revoke and the teacher shall be entitled to produce wit- nesses and defend himself; the examining board shall have power to send for witnesses and examine them oii oath touching the matter under investigation, and said oath or affirmation may be administered by any member of the board of examiners. The fees and the per diem of ex- aminers for conducting such investigation, at three dollars a day each, and other expenses of such trial shall be certified to the city auditor by the clerk and president of the examining board, and be paid out of the city treasury upon the order of the city auditor. Section 3. That said sections 4073 and 4081 of the Revised Stat- utes be and the same are hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L. Harris^ Governor. [Senate Bill No. 415.] AN ACT To amend section 4075 of the Revised Statutes of Ohio relative to compensation of county school examiners. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 4075 of the Revised Statutes of Ohio be amended so as to read as follows : Sec. 4075. Each member of the county board of school examiners shall be entitled to receive ten dollars for each examination of fifty ap- plicants or less, fourteen dollars for each examination of more than fifty applicants and less than one hundred, eighteen dollars for each examina- tion of one hundred applicants and less than one hundred and fifty, twenty-two dollars for each examination of one hundred and fifty applicants and less than two hundred, and four dollars for each additional fifty applicants, or fraction thereof. OHIO SCHOOL LAWS. 29 to be paid out of the county treasury on the order of the county audi- tor; all books, blanks and stationery required by the board shall be furnished by the county auditor; the board may contract for the use of suitable rooms in which to conduct the examination, for the printing of examination questions, may procure fuel and light, and employ janitors, to take charge of the rooms and keep them in order, and the expenses so incurred, together with the cost of advertising required by section forty hundred and sevenL}'''-one, 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. Section 2. Said section 4075 be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 30, 1908. Approved April 30, 1908. Andrew L. Harris, Governor. [House Bill No. 892.] AN ACT To amend section 4091 of the Revised Statutes of Ohio, relating to the compen- sation of teachers while attending county institutes. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 4091 of the Revised Statutes of Ohio be amended so as to read as follows : Sec. 4091. All teachers and superintendents of the public schools within any county in which a county institute is held while the schools are in session may dismiss their schools for one week for the purpose of attending such institute and the boards of education of all school dis- tricts are required to pay the teachers and superintendents of their re- spective districts their regular salary for the week they attend the institute upon the teachers or superintendents presenting certificates of full reg- ular daily attendance at said institute signed by the president and sec- retary thereof ; and when said institute is held when the public schools are not in session, said teachers or superintendents shall be paid two dollars a day for actual daily attendance, as certified by the president and secretary of said institute, for not less than four nor more than six days of actual attendance, the same to be paid as an addition to the first month's salary after said institute by the board of education by 30 OHIO SCHOOL LAWS. which said teacher or superintendent is then employed, or in case he or she is unemployed at the time of the institute, then by the board next employing said teacher or superintendent, provided the term of said em- ployment begins within three months after said institute closes. Section 2. That said original section 4091 of the Revised Statutes be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L. Harris, Governor. [House Bill No. 1120.] AN ACT To abolish fraternities, sororities and other like societies among the pupils of the public schools of the state of Ohio. Be it enacted bv the General Assembly of the State of Ohio: Section i. It shall be unlawful for any pupil of the public schools of the state of Ohio in any manner to organize, join or belong to any fraternity or sorority or other like societies composed or made up of pupils of the public schools. Section 2. It shall be the dutv of every teacher, principal or super- intendent having knowledge or reason to believe that such fraternity, sorority or like society is being organized or maintained in any of the schools of the state, or that any of the pupils attending said schools are organizing or belonging to such fraternity, sorority or like society to advise immediately the president or secretary of the board of education in charge of such schools of such facts. Upon receipt of such notice, it shall be the duty of such board of education within thirty days after the receipt thereof, and after not less than ten days' written notice to the persons charged with violating this act, or to their parents" or guardians, to investigate the charges therein contained, and if such board of educa- tion find the same to be correct and true, it shall be the duty of the sec- retary of such board to notify immediately, in writing, any and all pupils organizing, joining or belonging to such fraternity, sorority or like society to disband and discontinue the same and to withdraw therefrom within five days from the receipt of said notice. And if within such time any pupil guilty of organizing, joining or OHIO SCHOOL LAWS. 31 belonging to any such fraternit}', sorority or like society shall fail to obey said notice, said pupil shall have violated the rules of the school and be immediately suspended from the public schools of this state by the superintendent or principal in charge of the same in cities or districts having such superintendent or principal, or by the clerk of the board of education in villages, special and township districts not having such superintendent or principal, until such pupil shall comply with the order of the board. Section 3. Any officer, teacher, principal, superintendent or other persons mentioned in this act, neglecting to perform any duty imposed upon him by this act, upon conviction thereof, shall be fined not less than ten dollars (^.10.00) nor more than twenty-five dollars ($25.00) for each offense. Section 4. This act shall take effect and be in force from and after the first day of July, 1908. Joseph D. Chamberlain, Speaker pro teiii. of the House of Representatives. James M. Williams, President of the Senate. Passed April 30, 1908. Approved April 30, 1908. Andrew L. Harris, Governor. [Senate Bill No. 305.] AN ACT To provide for the expenses of the members of boards of education in school districts of the state of Ohio. Be it enacted by the General Assembly of the State of Ohio: Section i. That a service fund for members of the board of educa- tion of any city school district be authorized and that it be operated as follows : Upon the passage of this act and upon the third Monday of every January thereafter the clerk of the board of education shall certify to the board of education of which he is clerk, the number of pupils enrolled in the public schools of that district, whereupon the board of said city school district may by resolution set aside from the contingent fund a sum not to exceed five cents for each child so enrolled, said sum of money to be known as the "service fund" to be used only in paying the 32 OHIO SCHOOL LAWS. expenses of said members actually inciirred in the performance of their duties ; such payments to be made only on statement of the several mem- bers furnished at the last meeting held in each month. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L. Harris, Governor. [House Bill No. 794.] AN ACT To amend section 14 of an act passed May 15, 1894, entitled, "An act relating to the conduct of elections to pay the expense of elections." Be it enacted by the General Assembly of the State of Ohio: Section i. That section 14 of an act passed May 15, 1894. entitled "An act relating to the conduct of elections" be amended so as to read as follows : Sec. 14. All expenses arising for printing and distributing ballots, cards of explanation to officers of the election and voters, blanks, and all other proper and necessary expenses of any general or special election, including compensation of precinct election officers, shall be paid out of the county treasury as other county expenses. In November elections held in odd numbered years, such compensa- tion and expenses shall be a charge against the township, city, village or political division in which such election was held, and the amount so' paid b}- the county shall be retained by the county auditor from, the funds due to such township, city, village or political division, at the time of making the semi-annual distribution of taxes ; the county commissioners, town- ship trustees, councils, boards of education, or other authorities authorized to levy taxes, shall make the necessary levy to meet such expenses, which levy may be in addition to other levies authorized or required by law ; the amount of all such expenses shall be ascertained and apportioned by the deputy state supervisors to the several political divisions and certified to the county auditor. In the case of municipalities situated in two or more counties, the proportion of expense charged to each of the counties shall be ascertained and apportioned by the clerk of the corporation, and certiiied by him to the several county auditors. OHIO SCHOOL LAWS. 33 SiiCTioN 2. That section 14 of an act passed May 15th, 1894, en- titled, "An act relating- to the conduct of elections" be and the same is hereljy repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 8, 1908. Approved April 9, 1908. /Vndrew L. Harris, Governor. [House Bill No. 1166.] AN ACT To protect the lives of school children by an adequate compulsory fire drill. Be it enacted by the General Assembly of the State of Ohio: Section i. It shall be the duty of the principal or other person in charge of every public or private school or educational institution within the state, having an average daily attendance of fifty or more pupils, to instruct and train the pupi!s by means of drills, so that they may in sudden emergency be able to leave the school building in the shortest possible time and without confusion or panic. Such drills or rapid dismissals shall be held at least once for each month when said schools are in session and all doors of exit shall be kept unlocked during school hours, That every teacher or instructor in every public, private or parochial school shall devote not less than thirty minutes in each month during which the school is in session, to instruction of pupils between the ages of six and fourteen years, in iire dangers. For the purpose of such instruction it shall be the duty of the state fire marshal to prepare a book conveniently arranged in chapters, or lessons, such chapters or lessons to be in number sufficient to provide a different chapter or lesson for each week of the maximum school year, one of such lessons to be read by the teachers in such schools each week. The books shall be published at the expense of the state under the direc- tion of the state school commissioner and shall be distributed in quan- tities sufficient to provide a copy for each teacher required by the pro- visions of this act to give the instruction herein provided for; the dis- tribution to be made by the state school commissioner. Section 2. Willful neglect by any principal or other person in charge of any public or private school or educational institution to comply with the provision of this act, shall be a misdemeanor, punishable, each 34 OHIO SCHOOL LAWS. offense, by a fine of not more than twenty nor less than five dollars. Section 3. It shall be the duty of the members of school boards, school directors, trustees, or other body of persons having control of the schools of any township, town or city, to cause a copy of this act to be printed in the manual or handbook prepared for the guidance of teach- ers, where such manual is in use or may hereafter come in use. Section 4. The provisions of this act shall not apply to colleges and universities. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 28, 1908. Approved April 28, 1908. Andrew L. Harris^ Governor. [House Bill No. 1225.] AN ACT To enlarge the powers of the chief inspector of workshops and factories in the matter of public schools and other buildings, and to increase the number of district inspectors. Be it enacted by the General Assembly of the State of Ohio: Section i. In addition to the powers now vested in the chief in- spector of workshops and factories it shall be his further duty to cause his district inpectors to inspect all school houses, colleges, opera houses, halls, theaters, churches, infirmaries, children's homes, hospitals, medical institutes, asylums and other buildings used for the assemblage or better- ment of people in any municipal corporation, township or county in the state of Ohio with special regard to the precautions taken for the pre- vention of fires, and the provision of fire escapes, exits, emergency exits, hallways, air space, and all other matters which relate to the health and safety of those occupying or assembling in such structures. Section 2. The district inspectors shall file with the chief inspect- or of workshops and factories a written report of every inspection made of anv of the aforesaid structures, stating the condition in which such building was found, and, if it is found that necessary precautions for the prevention of fire or other disaster have not been taken, nor means provided for the safe and speedy egress of the persons who might be assembled therein, said report shall specify such appliances, additions or alterations as are necessary to provide such precautions and protec- OHIO SCHOOL LAWS. 35 tion, and it sliall then be the duty of the ehief inspcctoK of workshops and factories to notify in writing the owner or person having control f^f such structure of the apphances, additions or alterations necessary to he added to or made in such structure. Section 3. A copy of said notice shall be mailed to the mayor of the municipality, if such structure is located therein, and if not, then tu the prosecuting attorney of the county wherein it is located, and it shall be the duty of the mayor of the municipality, with the aid of the police, or the prosecuting attorney, with the aid of the sherifif, upon receiving such notification, to prohibit the use of said structure for the assemblage of people until the appliances, additions or alterations required by said notice have been added to or made in such structure. Section 4. Upon receiving said notice it shall be the duty of the owner or person in control of such structure to comply with each and every detail embodied therein, and it shall be his further duty, upon the completion of every such detail, to report the fact in writing to the chief inspector of workshops and factories and the mayor of the mu- nicipality, or the prosecuting attorney of the county, as the case may be. Section 5. The plans for every such structure aforesaid which may be hereafter erected in the state of Ohio, and the plans for any alter- ations in or additions to any such structure aforesaid that is now erected, shall be approved by the chief inspector of workshops and factories, except that in municipalities having regularly organized building inspec- tion departments the plans shall be approved by said municipal depart- ments. Section 6. Any architect, builder or other person who shall alter the approved plans, or fail to construct or alter the building in accord- ance with said approved plans without the consent of the department that approved them shall be deemed guilty of a criminal offense, and, upon conviction, shall be fined in any sum not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or imprisoned in the county jail no less than thirty days nor more than one year, or both, such fine and imprisonment at the discretion of the court. Section 7. For the purpose of carrying out this provision of this act the chief inspector of workshops and factories shall, with the ap- proval of the governor, appoint one assistant chief inspector who shall be a competent and practical architect, and whose duty it shall be to examine carefully the plans and specifications of such buildings, altera- tions and additions, and perform such other duties as the chief inspector may direct.. The salary of said assistant chief inspector shall be two thousand five hundred dollars a year, which salary and all necessary traveling expenses incurred by said inspector in the discharge of his official duties shall be paid out of the treasury of the state on the war- rant of the auditor from any fund therein not otherwise appropriated. 36 OHIO SCHOOL LAWS. Sfxtion 8. For the purpose of carrying out this act the chief in- spector of workshops and factories is authorized to appoint, with the approval of the governor, ten additional district inspectors who shall h'^ competent and practical mechanics with a knowledge of building con- struction, and who shall receive the same compensation, be clothed with the same powers, and whose terms of office shall be the same as is now provided by law for the district inspectors of workshops and factories. Section 9. Asiiy person, firm, board or corporation, being the owner or in control of any building mentioned in this act, who shall use or permit the use of such building-, in violation of any order prohibiting its use, issued in accordance with this act, or who shall fail to comply with the requirements of any order so issued relating to the change, improvement or repair of such building, shall be fined not less than ten, nor more than one hundred dollars, and each day that such use or failure shall continue, shall constitute a separate offense.- Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 28, 1908. Approved April 28, 1908. Andrew L. Harris, Governor. [House Bill No. 1274.] AN ACT. To authorize school boards to levy tax to support universities and colleges lo- cated in village school districts. Be it enacted by the General Assembly of the State of Ohio: Section i. That the school board of any village school district in which is located a university or college, organized under the laws of the state of Ohio' as an institution of learning not for profit, and under the management of a board of trustees, may levy a tax not exceeding two mills annually, in addition to all tax authorized by law for all other purposes, upon all taxable property within such village district for the support of such university or college. Section 2. Provided, that in the event such levy is made by such board of education, all holders of a high school diploma obtained from such village district high school shall have the right to attend such university or college for the period of two years, free of tuition. Section 3. The fimds arising from such tax levy shall be turned OHIO SCHOOL LAWS. 37 over to the board of trustees of such university or college by the county treasurer to be expended by them in the conduct of such university or college and for no other purpose. Freeman T. Eagleson, Speaker of tlic House of Representatives. James J\I. Willlxms, President of the Senate. Passed May y, 1908. Approved May 9, 1908. Andrew. L. Harris^ Governor. [House Bill No. 1302.] AN ACT To make appropriations for the support of the common schools of the state. Be it enacted by the General Assembly of tJie State of Ohio: Section i. That there be, and is hereby appropriated, from any moneys raised or coming into the state treasury for the support of the common schools and not otherwise appropriated, the sum of forty-five thousand dollars ($45,000.00), to assist in the maintenance of weak school districts, which shall be distributed by the auditor of state, in accordance with the provisions of the act passed April 2, 1906. Freeman T. Eagleson, Speaker of tlie House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L. Harris, Governor. [Senate Bill No. 11.] AN ACT To amend section 1 of an act entitled, "An act to authorize boards of educa- tion in cities of the second grade of the first class to levy a tax for certain purposes therein specified," passed March 16, 1887, as amended April 2.5, 1904, relating to manual training and commercial departments and kindei'- gartens. Be it enacted by the General Assembly of the State of Ohio: Section i. That section i of an act entitled, "An act to authorize boards of education in cities of the second grade of the first class to levy 38 OHIO SCHOOL LAWS. a tax for certain purposes therein specified," passed March i6. 1887, as amended April 25, 1904, be amended to read as follows : Sec. I. Any board of education may establish and maintain manual training, domestic science, and commercial department ; agricultural, in- .dustrial, vocational and trades schools ; and kindergartens in connection with the public school system ; and pay the expenses of establishing and maintaining" said schools from the public school funds, in the same man- ner and from the same funds as other school expenses arc paid. Section 2. That said section i as amended is hereby repealed. Granvh.le W. Mooney, Speaker of the House of Representatives. Francis W. Treadway, President of the Senate. Passed March 9, 1909. Ai>p roved March 16, 1909. JuDsoN Harmon, Governor. [House Bill No. 181.] AN ACT To make appropriations for the support of the common schools of the state. Be it enacted by the General Assembly of the State of Ohio: Section i. That there be, and is hereby appropriated, from anv moneys raised or coming into the state treasury for the support of the common schools, for the fiscal year ending November 15. 1909, the sum of two million three hundred and thirty thousand dollars ($2,330,000), to be distributed for that purpose at the rate of one dollar and eighty-five cents ($1.85), for each enumerated youth; and paid in the manner pro- vided by section 3956 of the Revised Statutes. Granville W. Mooney, Speaker of the Home of Representatives. Francis W. Treadway, President of the Senate. Passed March 3, 1909. Approved March 12, 1909. JuDsoN Harmon, Governor. • »',•• • • • •• * • OHIO SCHOOL LAWS. 39 [Senate Bill No. 50.] AN ACT To provide for agricultural extension work by the College of Agriculture and Domestic Science of Ohio State University. Be it enacted by the General Assembly of the State of Ohio: Section i. That the College of Agriculture and Domestic Science of the Ohio State University is hereby authorized and instructed to ar- range for the extension of its teachings throughout the state, and shall arrange to hold schools in which instructions shall be given in soil fer- tility, stock raising, crop production, dairying, horticulture, domestic science and kindred subjects; each school shall not exceed one week in length, and not more than one shall be held in any county during a year. Section 2. The said College, in addition to the holding of schools as provided in section one of this act, shall give instruction and demon- strations in various lines of agriculture, at agricultural fairs, institutes, granges, clubs, or in connection with any other organizations, that, in the judgment of the said College may be useful in extending agricul- ttiral knowledge. The work in agricultural extension may also include instruction by mail and the publication of bulletins designed to carry the benefits of its teachings to communities remote from the College. '&' Section 3. For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the funds in the state treasury, and not otherwise appropriated, the sum of twenty thousand dollars, the same to be available on and after the first day of July, 1909, and to be expended tmder the direction of the Board of Trustees of the Ohio State University, for agricultural extension work, as set forth in this act, but no part of the appropriation herein provided for shall be avail- able for rent, heat, light, janitor services or other local expenses, and such local expenses shall be provided for by the community in which such school is held or instruction and demonstrations are given. Granville W. Mooney, Speaker of the House of Representatives. Francis W. Treadway, President of the Senate. Passed March 9, 1909. Approved March 12, 1909. JuDSON Harmon, Governor. 40 OHIO SCHOOL LAWS. [House Bill No. 140.] AN ACT To provide for the purchase of a certain school site in the village of Collinwood, Cuyahoga county, Ohio, for the purpose of estahlishing and maintaining thereon a memorial huilding and park. Whereas, On the 4th day of March, 1908, one htmdred and sixty- five school children and two teachers lost their lives in a fire which de- stroyed the Lake View school building- at Collinwood, Ohio, and Whereas, On the sixth day of March, 1908, the general assembly of Ohio appropriated the sum of twenty-five thousand dollars for the relief of the needy sufferers of "said district and a balance of $6,717.50 of that fund remains unexpended, therefore Be it enacted by the General Assembly of the State of Ohio: Section i. That for the purposes hereinafter stated there is hereby re-appropriated out of said unexpended balance the sum of three thou- sand dollars ($3,000.00). Section 2. Said amount to be expended for the purpose of pur- chasing the lot on which said school building formerly stood, which is to be dedicated forever as a memorial park to the memory of those who lost their lives in that fire. Section 3. The governor is hereby authorized to appoint a trustee to represent the state of Ohio and act with the council of the village of Collinwood and negotiate for the purchase of the plot, on which said burned school building stood, with the board of education of the village of Collinwood. Section 4. When the said board of education of the village of Col- linwood has agreed to sell and the said council of the said village has agreed to buy said plot and the said council has appropriated all but three thousand dollars of the purchase price, then Section 5. On the certificate of such trustee that all proceedings have been complied with according to law, and the deed of such prop- erty has been deposited with said trustee for delivery to said council, and upon the approval of the governor, the state auditor shall issue a warrant for such expenditure to be paid out of the appropriation here- in provided. Granville W. Mooney, Speaker of the House of Representatives. Francis W. Treadway, President of the Senate. Passed March 9, 1909. Approved March 12, 1909. Judson Harmon, Governor. N ■^'Xf'S'iafllitfMI ilffll*sftl^ 380093 UNIVERSITY OF CALIFORNIA LIBRARY