UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY AN '»«»ojAs •aui -SOX8 aacmvo Aq p»,injpo jnuoyv H30NI8 inHdWVd 1J I / + DEPARTMENT OF PUBLIC INSTRUCTION, X. C. NELSON, Superintendent SCHOOL LAW OF UTAH. DISCARD „- ANGELE& PUBLIC Published by^oithority For the Use of the Public School Officers. Lib* i MS^- STAR PRINTING COMPANY SALT LAKE CITY 1913 DEPARTMENT OF PUBLIC INSTRUCTION, A. C. NELSON, Superintendent SCHOOL LAW OF UTAH. Published by Authority For the Use of the Public School Officers. STAR PRINTING COMPANY SALT LAKE CITY 1913 s 1913 SCHOOL LAW OF THE STATE OF UTAH. CHAPTER 1. STATE BOARD OF EDUCATION. 1763. Membership. Vested with general control public schools. The State Board of Education shall consist of the State Superintendent of Public Instruction, the president of the University of Utah, the president of the Agricultural Col- lege, and two other persons of large experience and eminent professional standing, to be appointed by the Governor, by and with the consent of the Senate, to serve for a period of four years. The general control and supervision of the pub- lic school system is vested in the State Board of Education. Power to promote the establishment of libraries and gym- nasiums. The State Board of Education shall also promote the establishment of libraries and gymnasiums throughout the State, and shall have power to appoint a secretary who shall work under the direction of the State Superintendent of Public Instruction. The salary of the Secretary shall be fixed by the State Board of Education and approved by the State Board of Examiners. The Board shall have the power to call to its assistance expert help to promote libraries and gym- nasiums whenever needed. The actual and necessary traveling expenses incurred by such help and the salary of the Secre- tary shall be paid from the contingent fund of the State Board • 4 SCHOOL LAW i>!" Education, upon the presentation of properly certified and approved vouchers. 1764/ Power to grant diplomas and certificates. The State Board of Education is hereby authorized and empow- ered to issue diplomas of two grades, namely, state high school and state grammar, and certificates of one grade, Qamely, state grammar. It shall also have power to issue temporary certificates of high school grade, good for one year. • -. 1765. Id. Granted to whom. State diplomas or state certificates shall be issued only to professional teachers who have reached the age of twenty years, have had two years' successful experience in this State, and exhibit satisfactory evidence of good moral character, and freedom from serious infectious or hereditary disease, and upon critical examina- tion are found to possess the requisite scholarship and cul- ture. 1766. Valid where and for what time. These state diplomas and certificates shall be valid in any county, city, town or school district in the State; the high school diplomas in any department of the public schools ; the grammar grade diplo- mas, in grammar and primary departments ; and certificates, in grammar and primary departments; state diplomas shall be good during the lifetime of the holders, and state certifi- cates for a period of five years. 1767. Id. Examinations required. Normal certificates. Life diplomas of other states. Ceasing to teach. Candidates for state professional diplomas of high school grade shall be required by examination or other evidence to exhibit a high degree of scholarship in all the following branches, namely: arithmetic, United States history, reading and elocution, or- 'thography, English grammar, political and physical geog- raphy, physiology, algebra, physics, rhetoric, drawing, plane and solid geometry, botany, English literature, general his- tory, civil government, history and science of education, and psychology; and also in any three of the following branches SCHOOL LAW 5 namely: chemistry, geology, French, German, Latin, Greek, trigonometry, zoology, biology, and mineralogy. Candidates for state professional diplomas of grammar grade shall be re- quired, by examination or other evidence, to exhibit satisfac- tory knowledge of all the following subjects, namely: arith- metic, United States history, reading and elocution, orthog- raphy, English grammar, political and physical geography, physiology, nature studies, algebra, physics, rhetoric, draw : ing, plane geometry, botany, English literature, general his- tory, civil government, the history and science of education, and psychology; provided, that: Normal certificates and diplomas. 1st. Normal certificates and normal diplomas issued by the University of Utah subsequent to March 10, 1892, and all normal certificates and normal diplomas issued hereafter by the University of Utah shall have the force of state certifi- cates ; and the holder of any normal diploma as hereinbefore specified, after having had two years' successful experience in teaching in this State, shall be entitled to a high school diploma. 2nd. Holders of normal certificates issued by the Univers- sity of Utah subsequent to March 10, 1892, and all normal certificates and normal diplomas issued hereafter by the Uni- versity of Utah ; and holders of high school certificates now in force and issued as provided by law by boards of education in cities of the first and second classes, and territorial first grade certificates and state diplomas and certificates now in force, may, at the discretion of the State Board of Education, be exempt from examination in any and all subjects which were required in the examination for such certificates. Life Diplomas. 3rd. Life diplomas issued by state boards in other states and shown to be of equal rank with those issued by the State Board of this State may receive equal recognition after the holders acquire two years' successful experience in schools of 6 SCHOOL LAW this State. When countersigned by the State Superintendent of Public Instruction under the direction of the State Board; such diplomas shall have equal validity with those of corre- sponding rank issued by the State Board. When not in force. 4th. No professional diploma or certificate shall be in force if the holder allow a space of five years to elapse with- out following some educational pursuit. 1768. Board may appoint assistant examiners. The State Board of Education shall have authority to appoint a suffi- cient number of assistants of eminent educational ability to conduct examinations, and the necessary expense connected with the holding of such examinations shall be paid out of the state school fund upon vouchers to be approved by the State Board of Examiners. 1769. Board may revoke diplomas for cause. The State Board of Education is authorized and required to revoke, for immoral or unprofessional conduct or evident unfitness for teaching, state diplomas and state certificates issued under the provisions of this Chapter. 1770. Compensation and expenses of members of board. Clerical assistance. A statement of actual and necessary trav- eling expenses of the members of said board, incurred in at- tending meetings of the board, must be certified to by the State Superintendent of Public Instruction, and be filed with the State Board of Examiners, who are empowered to allow or reject the same, in whole or in part, in the same manner as in the case of claims for which an appropriation has been made, and the State Auditor shall draw his warrant on the State Treasurer in favor of the person named therein for the amount allowed. The members of the said State Board of Education shall receive four dollars per day for time actually and necessarily spent in the performance of their duties; provided, that no member of the board receiving salary from SCHOOL LAW 7 the State or any subdivision thereof, or from any public in- stitution, shall receive any such per diem. Clerical assistance. The board may engage necessary clerical assistance, the cost of which shall not exceed $250 annually, and shall be cer- tified to as provided above in this section. 1771. Chairman and secretary of board. Record. The State Superintendent of Public Instruction shall be chairman of the State Board, and he shall appoint a member of the Board secretary, who shall keep a record of the Board's pro- ceedings. 1772. Concurrence of majority necessary. A concurrence of a majority of all the members shall be necessary to the validity of an act of the Board. 1773. Meetings of Board. The Board shall meet at the call of the chairman, and at least twice each year. CHAPTER 2. STATE SUPERINTENDENT 1774. Election of State Superintendent. Qualifications. Term. Oath and bond. Deputy. There shall be chosen by the qualified electors of the State at the regular State election in the year nineteen hundred, and every four years thereafter, a Superintendent of Public Instruction, hereinafter called the State Superintendent, who, at the time of his election, shall be a qualified elector, shall have been a resident citizen of the State of Utah for five years next preceding his election, shall have attained the age of thirty years, shall be the holder of a state certificate of the highest grade issued in some state, or shall be a graduate of some reputable university, college or SCHOOL LAW normal school. He shall reside and hold his office at the seat o\' government for the term of four years from the first Mon- thly in January following his election and until his successor is elected and qualified! Before entering upon his duties, he shall take the oath of office and give a bond in the penal sum of five thousand dollars, With not less than two sureties, to I).' approved, recorded; and filed as provided by law. The State Superintendent shall have power to appoint a deputy, who may represent him at teachers' institutes when other business prevents his being in attendance. The actual and necessary traveling expenses of such deputy shall be paid out of the school fund upon proper vouchers for the same being filed with the State Board of Examiners. 1775. State Superintendent charged with administration of school system. Apportionment of money. The State Super- intendent shall be charged with the administration of the sys- tem of public instruction and the general superintendence of the business relating to district schools of the State, and of the school revenue set apart and appropriated for their sup- port, and shall have full power to investigate all matters per- taining to the public schools. It shall be the duty of the State Auditor to notify the Superintendent of the actual amount of money in the state treasury to the credit of the state district school fund on the thirty-first day of October and December, and on the thirty-first day of March of each year. Within ten days after receiving such notification, the Superintendent shall apportion said fund among the several counties and cities of the first and second classes, and to the county superintendents, this Chapter, according to the number of persons between the ages of six and eighteen years, residing in such county or city as shown by the last school census lists of the several coun- ties and cities, and immediately furnish to each county treas- urer to each treasurer of the board of education in cities of the first and second classes and to the county superintendents, an abstract of such apportionments. He shall also certify such apportionment to the State Auditor, and, upon receiving such certificate, the Auditor shall forthwith draw his warrant on the State Treasurer in favor of the county treasurer of each SCHOOL LAW 9 county, or .the treasurer of each city board of education, as the case may be, for the amount due said county or board ; pro- vided, that: No apportionment until reports are forthcoming. 1st. No apportionment shall be made to any county or cily until all the reports for the year next preceding, as re- quired by law, have been received from such county or city by the State Superintendent. Failure to maintain school reduces apportionment. 2nd. If any district or districts in any county have failed to maintain school for twenty weeks during the year next pre- ceding that in which the apportionment is made, the number of children of school age in such district or districts shall be subtracted from the total school population of the State, and from the school population of the county in which such dis- trict or districts are located before making the apportionment ; provided, that when the failure to maintain school' in such district or districts the required length of time is due to quar- antine, fire, flood, or other like uncontrollable cause, such failure shall not affect the basis upon which the apportion- ment is made. 1776. Seal of State Superintendent. Register and forms and regulations for reports. Opinions. Visiting schools, etc. The Superintendent shall provide and keep a seal by which his official acts and copies of all papers and documents filed in his office may be authenticated, and when so authenticated, said copies shall be received as evidence in all courts of this State equally with, and in like manner as the original. To prepare and transmit forms and regulations for reports. He shall prepare and transmit to the proper officers suit- able forms and regulations for making all reports, with the necessary blanks therefor, also school registers, and all neces- 10 SCHOOL LAW sary instructions for the organization and government of dis-. tricl schools, and the conducting of all necessary proceedings under this title. He shall print and circulate a summary of his opinions and rulings. The cost of such blank forms, school registers, and for the printing of the summary of his opinions and ruling shall be paid out of the state school fund, and the vouchers therefor shall be certified to by the Superintend- ent, and filed with the State Board of Examiners, who are empowered to allow or reject the same, in whole or in part, in the same manner as in the case of claims for which an ap- propriation has been made, and the State Auditor shall draw his warrant on the State Treasurer for the amount allowed in favor of the person to whom said amount is due. To visit each county at least once a year. He shall visit at least once a year in each county in the State the principal schools and district school boards. He may examine the State Auditor's books and records relative to school revenue, and those of other public officials relating to school accounts. He shall meet with school officers, advise with teachers, and lecture to institutes and public assemblies upon topics calculated to promote the interests of education. 1777. State Superintendent to advise with school officers. Effect of his decisions. He shall advise with county superin- tendents and with school boards and other school officers upon all matters involving the welfare of the schools. He shall, when requested by superintendents or other school officers, give them written answers to all questions concerning the school law. His decisions shall be held to be correct and final until set aside by a court of competent jurisdiction or by sub- sequent legislation. 1778. Biennial report of State Superintendent. On or before the first day of January preceding each biennial session of the Legislature, the State Superintendent shall present to the Governor a report of his administration of the system of public instruction. There shall be printed at least one thousand copies of his report and laws relating to the schools, which shall be SCHOOL LAW 11 distributed under his direction. The Superintendent in his re- port shall furnish a brief exhibit : Contents of report. 1. Of his labors, results of his experience and observa- tions as to the operation of the public school system, and sug- gestions as to the remedy for imperfections. 2. Of the amount of school revenue and its general condition as to sufficiency or insufficiency. 3. Of such plans as he may have matured for the bet- ter organization of the schools, and for the increase and eco- nomical expenditure of the school revenue. 4. A full statement of the condition and amount of all funds and property appropriated for educational purposes; the number and grade of schools in each county, and in each city of the first and of the second class, the number of children be- tween the ages of six and eighteen years in each county and in each city of the first and of the second class, with the num- ber of such attending district schools, the average number of children that have attended district schools during the two years previous to July 1st of that year, the number that can read and write, the amount of school money raised by county taxation or otherwise, the amount expended for salaries of teachers and for building school houses. 5. A comparison of the results of the two years then closing with those of the two years preceding, indicating the progress of public instruction, and, as far as can be ascer- tained, the number and condition of private schools, academies, and colleges in the State. 1779. Id. He shall append to his report such informa- tion relative to the system of public instruction, the schools, their annual revenues, and such other matters as he may deem proper. He shall include in his report statistical tables compiled from information transmitted to his office, with sum- maries, averages, and totals appended thereto ; also a state- ment of the annual collections of school revenue, and his ap- L2 SCHOOL LAW portionment thereof; and when he deems it of sufficient in- terest, lie shall append extracts from the correspondence of school officers, showing either the salutary or defective opera- tion of the system. Information to National Commissioner. He shall furnish the United States Commissioner of Edu- cation at "Washington such information as that officer may re- quire. 1780. Monthly expense account of State Superintendent. Allowance. Books, etc., to successor. At the end of each month he shall file with the State Board of Examiners an itemized account of his expenses, verified by his oath. The said Board shall examine the same, and, if the account is found to be correct and the expenditures necessary, shall certify the same to the State Auditor, who shall issue a warrant to the State Treasurer for the amount due on such account, and at the end of each quarter year, for one-fourth of the Superin- tendent's annual salary, and shall charge the same to the state district school fund. At the expiration of his term of office, he shall deliver to his successor all books, records, documents, maps, reports, papers, and other articles pertaining to his office. 1781. State Superintendent may call convention of school superintendents. Traveling expenses. The State Superintend- ent shall have power to call annually a convention of the coun- ty and city superintendents, to assemble at such time and place as he shall deem most convenient, for the discussion of ques- tions pertaining to the supervision and administration of the public schools, the laws relating thereto, and such other sub- jects affecting the welfare and interests of the public schools as shall properly be brought before it. County and City Superintendents to attend. ■ It is hereby made the duty of all county and city superin- tendents to attend such conventions when called. The actual SCHOOL LAW 13 traveling expenses of county superintendents for attending such conventions shall be allowed by the board of county com- missioners, and paid out of the same fund as the salaries of county superintendents. The actual traveling expenses of city superintendents attending such convention shall be allowed, and paid out of the same fund as salaries of city superintend- ents. CHAPTER 3. COUNTY SUPERINTENDENTS. 1782. Election of county superintendent. Qualifications. Term and bond. At the general election in the year 1904, and biennially thereafter, there shall be elected for each county in the State a county superintendent of district schools, who must, in addition to the constitutional requirements, have the following qualifications : He must be a qualified elec- tor of the county at least twenty-five years of age and have had at least three years teaching experience ; and in counties of the first, second, and third class he must hold a high school life diploma, and in counties of the fourth to twelfth class, both inclusive, he must hold a life diploma not lower than grammar grade, and in counties of the thirteenth to fifteenth class, both inclusive, he must hold a diploma or certificate not lower than a five year state certificate. His term of office shall be two years and until his successor is elected and quali- fied. He shall take office at 12 o'clock m., the first Monday in January next following the date of his election. The present incumbents shall hold office until their successors are elected and qualified. Before entering upon the duties of his office, he shall qualify by taking and subscribing the oath of office and giving a bond for the faithful discharge of his duties, in the penal sum of $1,000, with sureties to be approved by the county commissioners, which oath and bond shall be filed with the county clerk ; provided, that voters residing within the 14 SCHOOL LAW limits of cities of the first and second classes and county school districts of the first class, shall not be permitted to vote for the election of county superintendent. 1783. To superintend county schools. The county super- intendent shall have the general superintendence of all district schools in his county, except in cities of the first and of the second class. 1784. Boundaries of school districts to be fixed. It shall be the duty of every county superintendent to ascertain whether the boundaries of the school districts in his county are definitely and plainly described in the records of the board of county commissioners, and to keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting or incorrectly described, he shall immediately report the fact to the board of county commis- sioners, who shall change said boundaries so as to make them harmonize. 1785. County superintendent to visit school. Record. He shall visit every district school under his supervision with- in the county at least twice in each year, and oftener if necessary to increase its usefulness. He shall at such visits carefully observe the condition of the school, the mental and moral instruction given, the methods employed by the teacher, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, govern- ment, and discipline of the school. He shall keep a record of such visits, and by memoranda indicate his judgment of the teacher's ability to teach and govern, and the conditions and progress of the school, which information shall be filed with the State Board of Education, and shall be used for or against teachers at the time of their examination for certificates. 1786. To keep records. Delivery to successor. He shall keep a record of all his official acts, preserve all books, maps, charts, and apparatus belonging to his office, file all reports SCHOOL LAW 15 and statements from teachers and school trustees, and deliver them to his successor in office. 1787. May meet with school officers. Notice. The county superintendent may arrange for meetings with school officers at designated times and places, due notice of which shall be given, for the purpose of inspecting the district rec- ords, insuring their accuracy, and giving instruction in the manner of keeping the same and preparing the reports of dis- trict officers. 1788. Decide controversies. He shall decide all contro- versies pertaining to discipline arising in the administration of the school law in his county or appealed to him from the decision of school trustees. 1789. May administer oaths. The county superintendent shall have power to administer oaths of office to all subordi- nate school officers and witnesses and to examine them under oath in cases that may come before him for investigation, but he shall not receive pay for administering such oaths. 1790. To see that required instruction is given. He shall see that the pupils are instructed in the several branches of study required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction on any subject required by law, the county superintendent shall promptly report the fact to the * county board of examiners, who, after due examination and inquiry, may revoke such teacher's certificate and cause him to be discharged. 1791. To report to State Superintendent. On or before the first Monday of August in each year, he shall make and transmit to the State Superintendent reports, containing such census, statistical, and financial items as may be required by law or by the state department. Such reports shall include a list of persons between five and thirty years of age, too deaf, *Now State Board of Education. 16 SCHOOL LAW too dumb, or too blind to obtain an education in the public schools, stating their names, ages, addresses, and the names of their parents. Such report shall be made upon and conform to the blanks furnished by said State Superintendent for that purpose. He shall not receive any compensation for the last quarter in his official year until he presents to the board of county commissioners the State Superintendent's receipt for such report. 1792. May appoint a deputy. The county superintendent may appoint a deputy, who shall be a qualified elector within said county, and for whose official acts and compensation he shall be responsible. 1793. County teachers' institutes. The State Superin- tendent of Public Instruction, the principal of the State Nor- mal School, and the county superintendent of each respective county within this State are hereby constituted a governing board for the holding of county teachers' institutes, which shall be held annually in each county during not less than two nor more than ten days, for the instruction of teachers and of those who desire to teach. This board of three persons constituted as aforesaid for each respective county shall prescribe the subjects of instruc- tion, and shall engage the instructors. The State Superintendent shall keep a record of the in- stitutes held and the subjects taught. The county superin- tendent shall notify all teachers in his county of the time and place of holding the institute, and shall report to the State Superintendent the names of those who attend and the pro- gram as carried out. The actual expense of holding each county institute shall not exceed one hundred dollars in any one year, and shall be paid out of the county school fund, upon the warrant of* the county superintendent, accompanied by vouchers showing to whom and for what purpose the money was paid. Under the direction of the governing board, union insti- tutes may be held by two or more .counties, with an additional expense of not more than fifty dollars for each additional SCHOOL LAW 17 county represented, the whole expense thereof to be divided equally among the counties so represented; provided, that institute meetings held once or twice a month each year shall be equivalent to the annual institute mentioned in this section. The governing board is hereby authorized to call upon the State Normal School to furnish expert institute instructors for this work, provided, that other expert instructors may be en- gaged whenever, in the judgment of the board, the service of such instructors shall be deemed advantageous. Examination of county school teachers. 1794. Teachers' Examinations. Certificates. The State Board of Education shall appoint and authorize the county superintendent of schools of each county in the State to con- duct teachers' examinations at such times and places and un- der such rules and regulations as it may direct; provided, that such examinations shall be held in each county. The Board shall prepare lists of questions to be used in such ex- aminations, and shall grade the papers of all applicants for teachers' certificates. The county superintendent shall, within three days after the close of said examination, forward to the State Superintendent of Public Instruction all papers written at said examination and relating thereto, including a com- plete list of all applicants, with their postoffice addresses, and such other information as may be desired. If from the per- centage of correct answers required by the rules and other evidences disclosed by the examination, including particularly the county superintendent's knowledge and information of the candidate's experience and ability as a teacher, the ap- plicant is found to be a person of good moral character and free from serious infectious or hereditary disease, and to pos- sess such knowledge and understanding, together with apt- ness to teach and govern, as will enable the applicant to teach successfully in the district schools of the State the various branches required by law, said Board of Education shall grant such applicant a certificate of qualification. 1795. Certificates of teachers. The county certificates is- IS SCHOOL LAW sued by the State Board of Education shall be of two grades, county grammar and county primary, and shall be valid for one year, bul may be renewed year by year without examina- tion under such regulations as the Board may provide. No certificate shall be granted unless the applicant be of good moral character and found proficient in pedagogy and quali- fied to teach the following branches of common English edu- cation, namely: reading, writing, spelling, English grammar, geography, United States history, arithmetic, physiology and hygiene, nature studies, and drawing; Provided, that in 1911 and thereafter all applicants for teachers' certificates to be eligible to enter the examination required by law, must file with the State Board of Education evidence of their having had at least four years' high school education or its equivalent, and in addition thereto must pass a successful examination in psychology and history of edu- cation; provided, further, that this requirement shall not be made of teachers who have had three years' successful teach- ing experience in the schools of the State. The percentage required to pass in any branch shall be prescribed by the State Board of Education. 1796. Temporary certificates. In addition to the regular grades of certificates, the State Board of Education may grant a temporary certificate, valid until the next regular examina- tion, but in no case shall such certificate be granted to the same person more- than once; provided, that special certifi- cates may be issued for one year by the State Board of Edu- cation to teachers of special branches ; provided, however, that nothing herein contained shall prohibit any county superin- tendent or any district board of trustees, from employing a icacher temporarily, provided, that such teacher shall have made application to the State Board of Education for a cer- tificate, and pending action by said Board on such application; provided, further, that the Board may, without requiring the regular written examination, grant to graduates of Normal Training Schools of high standard a certificate valid for two yars. SCHOOL LAW 19 1797. County certificate, where valid. No county certifi- cate to teach shall be granted to any person under eighteen years of age. The certificates issued by the State Board of Education shall be valid in any county of the State. 1798. Teachers must hold certificate. Revocation. No person shall be employed or be permitted to teach in any of the district schools of the State who is not the holder of a law- ful certificate of qualification. Any contract made in violation of this section shall be void. The State Board of Education is authorized and required to revoke for immoral or unprofessional conduct, or in case of unmistakable evidence of serious infectious or hereditary dis- ease, or evident unfitness for teaching, any certificate granted by it, after the holder thereof shall have been given an oppor- tunity of being heard. 1798x. Penalty for disclosing prepared questions. Any person having charge of the examination, or any employe of the Board of Education, who shall, directly or indirectly, dis- close any question prepared for the examination shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars. 1798x1. Board may employ assistants. Compensation. The State Board of Education may call to its aid, in the prep- aration of questions for county teachers' examinations and in grading the papers of the applicants for certificates, such assistance as it may deem proper. Persons employed by the Board to assist in preparing questions and grading papers shall be entitled to necessary traveling expenses, and shall re- ceive four dollars per day for time actually and necessarily spent in the performance of their duties; provided, that no such employe of the Board receiving a salary from the State or any subdivision thereof shall receive any such per diem. The expenses incurred in the county teachers' examina- tion shall be paid from the state school fund. 20 SCHOOL LAW CHAPTER 4. * SCHOOL DISTRICTS. 1799. Each school district a corporation. Powers. Every school district or high school district now or hereafter created shall be and is hereby constituted a public corporation to be designated as school district ( or high school dis- trict, as the case may be) of county, State of Utah, with its proper name inserted in the blank before the word school, and the proper name of the county inserted in the blank before the word county ; and in its own proper name as such corporation may sue and be sued, contract and be con- ' tracted with, and it may acquire, purchase, convey, and hold real and personal property for school purposes. 1800. Extent of school district. Each county and each city, unless divided by proper authority, shall form a school district. 1801. County commissioners may create or modify dis- tricts. Exception. Special taxes. Except in school districts of the first class, the board of county commissioners of any county may create into a school district any territory not already so created, or may create a district out of a part or parts of one or more districts upon being petitioned so to do by as many residents of such territory as have the care and custody of not less than twenty school children of school age residing therein, or upon the recommendation of the county superintendent. May divide or consolidate school districts. The board of county commissioners may change the boun- daries of, divide, and consolidate existing school districts. Whenever the board of county commissioners of any county shall divide, consolidate, or change the boundaries of existing school districts, such board shall have the power, as an in- cident to the division, consolidation, or change, equitably to adjust the property rights and burdens of the several districts SCHOOL LAW 21 -affected thereby, by apportioning existing school property .and debts, and by modifying or re-apportioning taxes already voted, in such manner as the justice of the case shall, in the -opinion of the board, demand. Levy special taxes. To accomplish the adjustment, the board of county com- missioners may from time to time direct necessary special taxes to be levied and collected on particular areas of districts so changed. 1802. Division of new county into school districts. In ^any county hereafter created the board of county eommission- -ers thereof shall so divide the county, or any part thereof which has residing therein not less than twenty children of 'school age, into school districts as will best promote the per- manent interests of the district schools in the county, upon the same petitions and subject to the conditions and restric- tions provided in the next preceding section. 1803. Trustees for new district. Whenever any new dis- trict shall be created by the board of county commissioners, said board shall forthwith appoint three trustees of said dis- trict, who shall be qualified electors therein, to serve until the next ensuing regular election for trustees. CHAPTER 5. ELECTION OF TRUSTEES. 1804. Election of trustees and term of office. Oath and bond. Except in cities of the first and of the second class, there shall be held an annual election on the second Monday in July, in each school district. At such, election there shall be elected by the registered voters residing in such school dis- trict one school trustee to serve for the term of three years 22 SCHOOL LAW and until his successor is elected and qualified. In each newly organized district, at the first annual school election occurring after such organization, there shall be elected three trustees, one for three years, one for two years, and one for one year, and until their successors are elected and qualified; and an- nually thereafter there shall be elected, at such annual election, one trustee to hold office for three years and until his successor is elected and qualified. Trustees shall qualify by taking and subscribing the oath of office and giving bonds to the district in which they reside, in such sums and with such sureties as the county clerk of the county wherein said school district is situated, may approve, conditioned for the faithful discharge of the duties of their office; the oath of office and bonds to be filed with said clerk. Ballot to state terra. The ballots used at such election shall state the names of the persons and the office, and the length of the term voted for. 1805. Organization of school board. The trustees, or any two of them whose official bonds have been approved, shall constitute a quorum for the transaction of business. They shall meet and organize within twenty days after their elec- tion or appointment, by appointing one of their number chair- man, another clerk, and another treasurer, and shall at once notify the county superintendent of such organization. Said trustees when thus organized, shall constitute the district school board. The treasurer shall give bond to the district with sufficient sureties and for a sufficient amount, to be ap- proved by the board of trustees and filed with the county clerk. « 1806. School elections, how called. Meetings for the election of trustees of district schools and for voting on the rate per cent of taxes to be assessed, and on the question of issuing bonds, shall be called by the trustees causing notices to be posted in at least three public and conspicuous places within the district, at least twenty days before the time for SCHOOL LAW 23 folding such meeting. Such notice shall state the time, place, and object of such meeting, and the officers to be elected, and if the polls are to be opened at any such meeting to deter- mine any question, the notice shall state the hours at which the polls will be opened and closed. Business confined to object stated in notice. All business transacted at such meeting other than speci- fied in said notice shall be void. The voting at such meeting shall be by secret ballot. 1807. Id. County clerk to furnish registration list. Judges. Foils. It shall be the duty of the county clerk to fur- nish the board of trustees of the district at least five days pre- vious to the day of election, a certified copy of the registration list, showing the names of all registered voters residing in the election districts covered in whole or in part by such school district. Judges and clerk of election. The board of trustees of the district shall act as judges of election, and the clerk of the district school board shall act as clerk. The polls shall be kept open during at least four suc- cessive hours on the day of election. In case of a vacancy oc- casioned by the absence of any of the said officers at any elec- tion for trustee, the registered voters who are present at the time of opening the polls shall choose a person to fill such vacancy. 1808. Conduct of elections and qualifications of electors. Voting. Ballots. School elections held under the provisions of this Chapter shall be conducted, and the qualification of elec- tors shall be, as provided in the general election laws, except as in this Chapter otherwise provided. It shall not be neces- sary to file certificates of nomination of candidates, nor to pub- lish a list of nominations. It shall be the duty of the county clerk to furnish the board of trustees of every school district 24 SCHOOL LAW with a suffieienl number of plain envelopes for election pur- poses, and such envelopes shall be uniform in size and quality, without any marks, -writing, printing, or other device upon them, and no other kind shall be used at any election. Ballots, shall not be printed at public expense. Every voter shall des- ignate on a single ballot, written or printed, the name of the person or persons voted for, with a pertinent designation of the office to be filled. The ballot shall be neatly folded and placed in one of the envelopes hereinbefore provided for, and shall be delivered to the presiding judge of election, who shall,. in the presence of the voter, on the name of the proposed voter being found on the registry list and on all challenges to* such vote being decided in favor of such voter, deposit it in the ballot box without any mark whatever being placed on such envelope ; otherwise the ballot shall be rejected. The reg- istry and poll lists shall be preserved by the clerk of the school board. Excess and defective ballots. The ballots cast and those rejected as "excess" or "defec- tive" shall be carefully sealed in a strong envelope and shall be preserved by such clerk for one year. 1809. Id. Canvass of votes. Ties. Immediately after the polls are closed, the judges shall proceed to count and can- vass the votes cast at such election, and the person receiving the highest number of votes for trustee shall be declared elected. All ties shall be decided by lot. 1810. Id. Certificate of election. The clerk of the school board shall, within five days after such election, furnish each trustee with a certificate of election, a copy of which, with the oath of office, must be forwarded immediately to the county superintendent. 1811. Who qualified to vote for tax, bonds, etc. Every citizen of the United States of the age of twenty-one years or over who has been a resident of the State of Utah for one year, of the county four months, and of the school district for sixty SCHOOL LAW 25 <3ays, both immediately preceding the day on which any meet- ing is held for the purpose of voting on the question of levying a special tax or issuing dodcIs for any school district, or high school district, or for selecting a schoolhouse site, and who has paid a property tax in said district during the year next pre- ceding, shall be entitled to vote at any such meeting. Vacancies. 1812. Filling- vacancies in school board. Should a vacancy occur in the office of trustee of a school district, the remain- ing trustees shall immediately appoint some qualified elector of the district to fill the vacancy, and such appointee shall qualify and serve until the next school election, and until his successor is elected and qualified ; provided, that in case two or more vacancies occur at the same time in the office of trus- tee in any school district, the board of county commissioners of the county in which such district is situated shall fill such vacancies. 1813. Id. A vacancy in the office of trustee vacates the office which such trustee held in the school board, and such vacancy shall be filled by appointment of the board. 1814. Resignation. Removals from district, etc. Any officer of a school district may resign, but such resignation shall not take effect until his successor has qualified according to law. Any office of a school district shall be deemed vacant if the person duly elected or appointed thereto shall remove from the district, or neglect or refuse, for the period of twenty days after such election or appointment, to accept and qualify for such office. CHAPTER 6. POWERS AND DUTIES OF TRUSTEES. 1815. School funds and school libraries. The school dis- I?t> SCHOOL LAW trie! board shall have general charge, direction, and manage- ment of the schools of the district, and the care, custody, and control of all property belonging to the district, subject to the provisions of the law. It may annually order to be raised on the taxable property of the district, not to exceed one per c< lit for the support of schools, to defray current expenses and to purchase text books. It shall have the power to establish and maintain school libraries, which in districts that have no. free library or reading room may be opened to the public under Mich regulations as the board may provide. For the purpose of purchasing books and magazines for these school libraries, the board shall set aside annually from the tax herein provided an amount equal to fifteen cents per capita for each child in the district between the ages of six and eighteen years, inclusive, the computation being based on the school census at the time when the tax is levied ; provided, that the library fund thus cre- ated shall be expended under the direction of the State Board of Education for such books and magazines as they shall rec- ommend and under such regulations as they may prescribe ; provided, further, that this act shall apply to all school dis- tricts outside of cities of the first and second class. 1815x. Trustees may levy taxes to pay judgment ob- tained for taxes illegally collected. When any judgment is obtained in a court of competent jurisdiction against a school district for taxes unlawfully collected for and received by such school district, or when there are no funds for the payment of warrants issued by the trustees of any school district to refund taxes unlawfully collected for and received by such school dis- trict, the trustees of any such school district shall, in addition to all other taxes which they are empowered to levy, order to be raised upon the taxable property in such school district a sufficient amount of revenue to pay such judgment and war- rants. Such order may be made on or before the first day of May of any year after the rendition of such judgment or the issuance of such warrants. 1816. To maintain, locate, or discontinue schools. It SCHOOL LAW 27 shall organize, maintain and conveniently locate schools for the education of the children of school age within the district, or change or discontinue any of them according to law. 1817. To make repairs, furnish supplies, etc. It shall make all necessary repairs to the school houses, outbuildings, and appurtenances, and furnish fuel and necessary supplies for the schools. 1818. To furnish text books, furniture, etc. The school board shall furnish all necessary and suitable furniture, maps, charts, apparatus, and reference books. It shall have power to establish and support school libraries ; to purchase, exchange, and improve the school apparatus, books, furniture, fixtures, and all other school supplies in said schools. It shall supply and loan to pupils in the several grades and departments of said schools, free of charge, except high schools, all school text books and supplies used by the pupils of said schools. It shall collect all books and apparatus loaned to pupils of the public schools of any such district, or damages for the loss, injury or destruction of the same caused by carelessness or improper conduct. Blanks to be furnished by State. The school register and all school blanks, except those used solely for district and county purposes, shall be those furnished by the State Superintendent ; provided, that said school board shall purchase all school text books now remain- ing in the hands of the merchants and pupils of their respective district at the introductory or exchange price. 1819. To employ teachers. Dismissal. It shall employ the teachers of the schools of the district, and may dismiss any teacher for violation of contract, immorality, or neglect of duty. Every contract for the employment of a teacher must be in writing, but no such contract shall extend beyond the thir- tieth day of June next following. The county superintendent shall be informed immediately of the engagement or dismissal of any teacher. 28 SCHOOL LAW Teachers' visiting day. It shall have power to grant to the teacher or teachers a day each term for the purpose of visiting other schools; pro- vided, that such visits shall be made under the direction of the school board. 1820. To admit pupils from other districts, make rules, etc. It shall have power to admit to the schools in the district pupils from other districts when it can be done without in- juring or overcrowding such schools, and shall have power to make regulations for their admission and to charge and col- lect reasonable fees for their tuition. It shall have power to arrange with the board of an adjacent district for sending to such district such pupils as can be conveniently taught therein, when for any cause such pupils cannot be conveniently taught in the district where they reside, and for paying their tuition. Distribution and transfer of pupils. It shall also have power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district and their transfer from one school to another. 1821. To assist in governing schools. Suspensions and expulsions. It shall assist and co-operate with teachers in the government and discipline of the schools, and in connection with the county superintendent make proper rules and regula- tions therefor. Expulsion or suspension of pupils. It may suspend or expel from school any insubordinate or habitually disobedient pupil; provided, such suspension or expulsion shall not be for a longer period than ten days, nor beyond the end of the current term of school, unless in the judgment of the board such pupil is incorrigible. 1822. To permit use of schoolhouse for other purposes. SCHOOL LAW 29 It may permit a schoolhouse, when not occupied for school purposes, to be used for any purpose which will not interfere with the seating or other furniture or property; and shall make such charges for the use of the same- as it may decide to be just ; but for any such use or privilege the district shall not be at any expense for fuel or otherwise. 1823. School sites and buildings. When necessary for the welfare of the schools of the district, or to provide proper school privileges for the children therein, or whenever peti- tioned so to do by one-fourth of the resident tax payers of the district, the board shall call a meeting of the qualified voters, as defined in section eighteen hundred and eleven, at some convenient time and place fixed by the board, to vote upon the question of selection, purchase, exchange, or sale of a school house site, or the erection, removal, purchase, exchange. or sale of a schoolhouse, or for payment of teachers' salaries, or for the current expenses of maintaining schools. The chair- man of the board shall be chairman, and the clerk of the board, secretary of such meeting. In case either of these officers is not present, his place shall be filled by some one chosen by the voters present. Notice, stating the time, place and purpose of such meeting, shall be posted in three public places in the district by the clerk of the district board at least twenty days prior to such meeting. If a majority of such vot- ers present at such meeting shall by vote select a schoolhouse site, or shall be in favor of the purchase, exchange, or sale of a designated schoolhouse site, or of the erection, removal, or sale of a schoolhouse, as the case may be, the board shall locate, purchase, exchange or sell such site, or erect, remove, or sell such schoolhouse, as the case may be, in accordance with such vote ; provided, that it shall require a two-thirds vote to order the removal of a schoolhouse. Provided, that no schoolhouse shall hereafter be erected in any school district of this State not included in cities of the first and second class, and no addition to a school building in any such place the cost of which schoolhouse or addition there- to shall exceed $1,000, shall hereafter be erected, until the plans and specifications for the same shall have been suit- 30 SCHOOL LAW mitted to a commission consisting of the State Superintendent <>l Public Instruction, the Secretary of the State Board of Health, ami an architect to be appointed by the Governor, and their approval endorsed thereon. Such plans and specifica- tions shall show in detail the ventilation, heating, and lighting- of such buildings. The commission herein provided shall not approve any plans for the erection of any school building or addition thereto unless the same shall provide at least fifteen square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or reci- tation room therein, and no such plans shall be approved by them unless provision is made therein for assuring at least thirty feet of pure air every minute for each pupil and the facilities for exhausting the foul or vitiated air therein shall In positive and independent of atmospheric change. No t,;\ voted by a district meeting or other competent authority in any such school district shall be levied by the trustees until the commission shall certify that the plans and specifications for the same comply with the provisions of this Act. All school houses for which plans and detailed statements shall be filed and approved, as required by this Act, shall have all halls, doors, stairways, seats, passageways, and aisles, all light- ing and heating appliancese and apparatus arranged to facilitate egress in cases of fire or accident, and to afford the requisite and proper accommodations for public protection in such cases. No schoolhouse shall hereafter be built with the furnace or heating apparatus in the basement or immediately under such school building. Compensation. Expenses. Section 2. The commission herein provided shall serve without compensation, but shall receive their actual and neces- sary expenses incurred in the performance of their official duties, except the architect, who shall receive as above provided and four dollars per day while attending meetings of the commission, the amount for which shall be verified on oath and paid from the state school fund. SCHOOL LAW 31 1824. Organizing new school. If a petition, signed by the persons charged with the support and having the cus- tody and care of fifteen or more children of school age, all of whom reside two miles or more from the nearest school, be presented to the board asking for the organization of a school for such children, the board may organize, equip, and main- tain such school and employ a teacher therefor. 1825. Length of time for holding school. The district board shall determine and fix the length of time the school in the district shall be taught in each year, and when each term shall begin and end. It shall so arrange such terms as to ac- commodate and furnish school privileges equally and equitably to pupils of school age ; provided, that every district school shall be kept in session not less than two terms in each school year; and, provided further, that any school may be discon- tinued when the average attendance of pupils therein for twenty consecutive days shall be less than eight, or when, with the consent of a majority of the patrons of such school, proper and convenient school facilities can be provided for the pupils in some other school. 1826. Annual school census. The board shall cause the «lerk to make and transmit to the county superintendent, be- tween the first and third Monday in July of each year, an enu- meration, subscribed and sworn to by said clerk, of all persons over six and under eighteen years of age residing in the dis- trict, giving: 1. The name, age, sex, and color of each person. 2. The number attending district schools. 3. The number attending private schools. 4. Such other facts as may be required by law or by the county superintendent. Such report shall include a list stating the names, ages, postoffice addresses, and the names of the parents or guar- dians, of all persons over the age of five and under the age of thirty years residing in such school district too deaf, too dumb, or too blind to receive an education in the public schools. 1827. Setting out shade trees. It shall be the duty of the 32 SCHOOL LAW district board to cause to be set out and properly protected as many shade trees as the size, location, and arrangement of the school lot will justify, and such expense shall be paid from the special school fund. It shall be the duty of the county superintendent to see that this requirement is com- plied with. 1827x. Outhouses on school grounds to be kept in sani- tary condition. It shall be the duty of the board of trustees of each school district in the State to provide all outhouses upon the school grounds, and which are not connected with a sewer system, or cess pool, with the dry earth system of privy vaults and to provide at all times a supply of dry earth in such outhouses sufficient to comply with the requirements of such system, and must cause such vaults to be emptied at least once every month, and oftener during the school year if in the opinion of the district health officer it is necessary, and shall maintain all such outhouses in a sanitary condition. 1828. Records and reports of board. Compsnisation. It shall be the duty of the district board to keep an accurate jour- nal of its proceedings, an account of all moneys paid to the treasurer and of all moneys paid on orders drawn on the treas- urer, and prepare and cause to be presented to the voters at the regular annual meeting held on the second Monday in July of each year, a statement, under oath, showing: 1. The moneys on hand at the date of the last annual re- port, the moneys received by the treasurer since such report and from what sources received. 2. The amount of sinking fund and how invested. 3. The amount paid out, to whom and for what paid. 4. The balance of school moneys in the hands of the treasurer. 5. The number, date and amount of every bond issued or redeemed under the authority given in this title, and the amount received or paid therefor, to which statement shall be added a report showing the management and condition of the schools in the district during the preceding year. SCHOOL LAW 33 File reports with county superintendent. A copy of such statement and report, together with such other reports as may be required by the State Superintendent, and for which blank forms have been provided, shall, on or be- fore the fifteenth day of July of each year, be filed with the county superintendent. Vouchers. Compensation of trustees. They shall also present, with their statement to the super- intendent, vouchers for all moneys paid out; provided, that trustees shall each receive such compensation for their services as may be voted at such meeting. 1829. Physiology and hygiene. It shall be the duty of all boards of education and trustees in charge of schools and educational institutions supported in whole or in part by pub- lie funds to make provision for systematic and regular instruc- tion in physiology and hygiene, including special reference to the effects of stimulants and narcotics upon the human system. 1829x. Sanitation and the cause and prevention of dis- ease shall be taught. That there shall be established in the Normal Schools of the State, and in the public schools, begin- ning with the eighth grade, a course of instruction upon the subjects of sanitation, and the cause and prevention of dis- ease. It shall be the duty of the State Board of Education and the State Board of Health, acting conjointly, to prepare a course of study to carry out the provisions of this Act. CHAPTER 140. Session Laws, 1911. Section 1. It shall be the duty of every teacher engaged in teaching in the public schools of the State, separately and 34 SCHOOL LAW carefully, to test and examine every child under his jurisdic- tion to ascertain if such child is suffering from defective sight or hearing, or diseased teeth, or breathes through its mouth. If such lest determines that any child has such defect, it shall be the duty of the teacher to notify, in writing, the parent of the child of such defect and explain to such parent the neces- sity of medical attendance for such child. Section 2. The State Board of Health shall prescribe rules for making such tests, and shall furnish to Boards of Education and Boards of Trustees of School Districts, rules of instruction, test cards, blanks and other useful appliances for carrying out the purposes of this Act. Section 3. During the first month of each school year, after the opening of school, teachers must make the tests re- quired by this Act upon the children then in attendance at school; and thereafter, as children enter school during the year, such tests must be made immediately upon their en- trance. Section 4. It shall be the duty of the Boards of Educa- tion and Boards of Trustees of the several school districts of the State to enforce the provisions of this Act. Section 5. The Board of Education or Board of Trustees of any school district may employ regularly licensed physi- cians to make the tests required by Section 1 of this Act, and when such tests are made by a physician, the teachers shall not be required to make the tests provided for in Sec- tion 1 of this Act. CHAPTER 31. Session Laws, 1911. Section 1. Each county within the State, except such counties as are constituted school districts of the first class, SCHOOL LAW 35 shall constitute a high school district until sub-divided as here- inafter provided; provided, however, that cities .of the first and second class within any such county shall not be included in any such high school district; provided, however, that any common or high school district which is now maintaining a high school shall continue with all the power and authority now possessed by such district for the purpose of levying the necessary tax for maintaining such high school for the school year 1911-1912, as well as for the purpose of maintaining such high school for such period, and to that extent any, such dis- trict shall not be affected by any provision of this Act or by anything done by the board of county commissioners under the authority of this Act. Sec. 2. Within sixty days after the approval of this act each county, superintendent of district schools shall report to the board of county commissioners as to whether or not, in his opinion, the county should remain one high school district. If in his opinion, the county should be sub-divided into two or more high school districts, then he shall recommend to the board of county commissioners a plan of sub-dividing such county into high school districts. Sec. 3. Upon receipt of such report and recommendations the board of county commissioners shall set a day for hearing the same, which shall be not less than thirty days nor more than sixty days from the day of setting, and shall give public notice of such hearing by publication at least twenty days be- fore the day of hearing in a newspaper published in such county. If there be no newspaper published in such county, then by posting at least five notices in each common school district within such county for such period ; such notice shall describe the proposed plan of sub-division of the county into high school districts in such manner that it may be clearly understood. Sec. 4. Any registered voter who is a taxpayer within such county may on or before the day set for hearing the recommendations of the county superintendent, file written objections to such recommendations of the county superintend- ent, stating therein his reasons for such objections. 36 SCHOOL LAW Sec. 5. Upon the day set, or upon such other day to which the hearing may be adjourned, the board of county commis- sioners must hear the said recommendations and objections, if any; at which hearing the fullest latitude must be given for the purpose of getting all the facts before the board so it may determine the question in such manner as to permit the establishment of high schools at such place or places within the county as will best accommodate the prospective students at such high schools. Sec. 6. After a full hearing of the question the board of county commissioners shall enter an order, either continuing The county as one high school district, or sub-diviidng the county into two or more high school districts. If the county is sub-divided it shall be clone in such manner that two or more common school districts shall constitute one high school dis- trict. Provided, that no common school district now maintain- ing a high school shall be annexed to another school district now maintaining a high school without the approval of a ma- jority of the registered voters expressed at a meeting to be called for that purpose. If, in creating such high school dis- trict, any common school district having a school population of over five hundred which is now maintaining a high school, is so situated that it would in the opinion of the board of county commissioners, not be desirable to include such district in any high school district, then such district may remain separate from any high school district, and a high school may be main- tained therein under the provisions of sec. 14 of this act; said district shall not be annexed to another high school district ex- cept by a majority of its qualified electors. Each high school district shall be named, and by such name shall constitute a body corporate. Sec. 7. The board of control of each high school district shall be designated as the board of education. It shall be composed of the county superintendent of schools, and any member of the board of trustees of each common school district within the high school district, who shall be elected by the board of trustees of such common school district. 'SCHOOL LAW 37 Sec. 8. The board of education shall meet and organize -by the election of one of its members as president, and another as vice-president. It shall also elect a clerk and a treasurer. The clerk and treasurer shall each give a bond in such sum as shall be fixed by the board of education. The duties of the president of the board shall be as defined in Section 1891x15; ■and the duties of the clerk shall be as defined in Section 1891x17 ; and the duties of the treasurer shall be as defined in Section 189x18, of the Compiled Laws of Utah, 1907. Sec. 9. Immediately after the establishment of each high school district the board of education shall call an elec- tion by giving at least twenty days notice thereof, for the purpose of submitting to the qualified electors of such high school district the following questions: 1. Shall the high school district establish and maintain one or more high schools within the district ? If more than one high school is to be established and maintained, then the proposed number must be stated. 2. At what place or places in the high school district shall high schools be established and maintained? Sec. 10. Notice of such election shall be given by posting at least five notices in each common school district within the high school district. At such election, as well as at all elec- tions held in high school districts, the board of trustees of the common school districts shall act as judges of election, and at the conclusion of such election shall immediately canvass the votes cast at the election and certify the results thereof to the board of education of the high school district. At such election the polls shall remain open from 2 o'clock p. m. until 6 o'clock p. m. Sec. 11. If, at such elections, a majority of the qualified electors shall have voted in favor of the establishment and maintenance of one or more high schools in such district, then the board of education shall establish such high school or schools, and are authorized to levy a tax on all taxable prop- erty in the district for the support thereof, in any amount not exceeding five mills on the dollar. 38 SCHOOL LAW Sec. 12. The board of education shall have the power ami authority to purchase and sell schoolhouae sites and im- provements thereon; to construct and erect school buildings,, and to furnish the same; to establish and maintain high schools. at su.h places as they may be authorized by a vote of the qualified electors of the district; to establish and support school libraries; to purchase all necessary high school appara- tus, books, and school supplies; to levy annually upon all the- taxable property in the district a tax not exceeding five mills on the dollar, or such other or further tax as shall have been authorized by a vote of the qualified electors of the district at an election regularly called; to provide for the transportation of such students as reside too far from the high school to walk thereto; to do all things needful for the maintenance and success of the high school; and adopt by-laws and rules for the procedure of the board, and make and enforce all needful rules for the control and maintenance of high schools in the district, or to admit students from other high school districts, upon such terms as may be equitable and just. Sec. 13. The board of education shall, on or before the first day of May of each year, certify to the county officers charged with the assessment and collection of taxes for gen- eral county purposes, the amount of taxes levied upon the taxable property within the high school district for the cur- rent year; and such officers shall assess and collect the taxes so levied at the time and in the manner that other taxes are assessed and collected. Sec. 14. If any common school district having a school population of over five hundred shall not be included within a high school district, such district may establish and maintain a high school in which pupils may be instructed in branches prescribed for a high school course. Sec. 15. The state board of education shall prescribe the course of study for all high schools established under the pro- visions of this act. Sec. 16. The state text book commission shall adopt the text books to be used in such high schools. SCHOOL LAW 39 ■ Sec. 17. The board of education may, when in its judg- ment it is advisable, or shall, when petitioned by ten per cent ■of the resident tax payers of the school district, as appears by the county assessment roll of the preceding year, call an •election within the high school district and submit to the quali- fied electors of the district whether bonds of such district ■shall be issued and sold for the purpose of raising money for purchasing high school sites, for building or purchasing one or more schoolhouses, and supplying the same with furniture and necessary apparatus. Sec. 18. Such election shall be called and conducted and •a canvass made in accordance with the provisions of sections 1883 to 1887, both inclusive, of the Compiled Laws of Utah, 1907. Sec. 19. If the majority of the qualified electors voting ■at such election shall have voted in favor of the issuance of said bonds, then the board of education shall have the au- thority to negotiate and sell such bonds for not less than their par value. The proceeds thereof shall be used exclusively for the purpose for which the said bonds were issued. Sec. 20. The board of education in its annual estimate -and levy provided for in this act, shall include an amount sufficient to pay the interest as the same accrues on all out- standing bonds issued by the board, and also, after five years, a further annual tax for a sinking fund sufficient in amount to pay such bonds at maturity, and for no other purpose. Whenever there may be sufficient funds in the said fund to pay one or more of said bonds, the board of education may purchase such bonds at the market price thereof. Sec. 21. Bonds issued under the provisions of this act shall be a lien upon the property of the high school district issuing them, and when the board of education neglects or refuses to levy a tax in accordance with law to meet the out- standing bonds or the interest thereon, the board of county commissioners of the county within which such high school district is situated shall levy such tax and apply the money thus collected to the payment of such bonds and the interest thereon due. ■iO SCHOOL LAW" 4 Sec 22. If one or more buildings shall be erected ire any such high school district, the same must be done in accord- ance with the provisions of section 1891x42 of the Compiled. Laws of Utah, 1907. Sec. 23. That Chapter 7, Title 66, Compiled Laws, of Utah,. L9Q7, be and the same is hereby repealed.. CHAPTER 29. Session Laws, 1911, Section 1. That there is hereby levied and directed to be- assessed and collected annually a State tax of one-half mill on each dollar of valuation of the taxable property in the- State, for high school purposes; and the assessment and collec- tion of said tax must be performed in the same manner and at the same time as other taxes are assessed and collected, and shall be apportioned to the several cities and school districts maintaining high schools as hereinafter provided. Sec. 2. On the first Monday in October of each year the board of education or school board of any city or school dis- trict in which a high school is established shall notify in writ- ing the state board of education of the establishment of such high school and the intention of such city or district to claim the benefits of the high school fund. Sec. 3. The state board of education shall by rule fix the standard upon which, and the period during the year that, high schools in this state shall be maintained in order to obtain any part of the high school fund. Such rule shall be fixed on or before the first day of May, 1911 ; and thereafter if such rule be amended, the amendment shall take effect on the first day of July at least one year after the date of its adoption. A copy of such rule or amendment shall be furnished to each city or district establishing high schools immediately after its adoption. SCHOOL LAW 41 Sec. 4. On the second Monday in June of each year, the board of education or board of the city or district in which a high school is established and maintained, shall report to the state board of education, the actual number of students enrolled who have been in actual attendance at such high school for a period of at least twenty weeks, together with the daily average attendance of the students so enrolled during such high school year; which report must be verified under oath by the president or chairman and clerk of the board. Such report shall also give such additional information as the state board of education may require in order to enable it to determine the standard of the school. Sec. 5. On the second Monday in June of each year, the state auditor shall report to the state board of education the amount there is on hand in the state high school fund. Sec. 6. On the receipt of the report of the state auditor, as provided in the next preceding section, the state board of education shall apportion *to the several cities and school dis- tricts maintaining high schools for the required period of time and of the standard fixed by the state board of educa- tion the amount of money then on hand in the state high school fund; such apportionment shall be made according to the num- ber of students in attendance at each high school who have attended the period of time required by section 4 of this act, as shown by the report of the board of education or board, and immediately furnish to the treasurer of each school board, in cities or districts where any such school is maintained, an abstract of such apportionment. The state board shall also certify such appointment to the state auditor, and upon receiving such certificate, the state auditor shall forthwith draw his warrant on the state treasurer in favor of the treasurer of the school board for the amount to which the said city or district is entitled under such appor- tionment. Sec. 7. The state board of education shall appoint a com- petent person to inspect at least twice during each school year all high schools claiming any benefits from the high school fund. 42 SCHOOL LAW Sec. 8. The compensation and traveling expenses of such inspector shall be fixed by the state hoard of education subject to the concurrence of the state board of examiners and shall be paid out of the high school fund upon claims properly cer- tified by the state board of education and approved by the state board of examiners. CHAPTER 8. COURSE OP STUDY. 1837x. Course of study to be prescribed. How. Within thirty days after the adoption of text books, the State Super- intendent of Public Instruction, the principal of the State Normal School, and five school superintendents to be appointed by the State Board of Education, shall meet and prescribe a course of study for the schools of the state not included in cities of the first and second class, and shall furnish free of cost to each county or school district, the number of courses of study ordered by the superintendent of schools. 1837x1. No compensation. Expenses. The committee shall serve without compensation; provided, that the actual and necessary expenses of the superintendents while attending meetings of the committee shall be paid out of the state super- intendent's contingent fund. CHAPTER 9. TEACHERS. 1838. Notice of opening and closing school. Every teacher on commencing a term of school shall give written notice to the county superintendent of the time and place of beginning SCHOOL LAW 43 such school and the time it will probably close. If such school is to be suspended for more than one week at any one time in said term, the teacher shall notify the county superintendent of such proposed suspension. 1839. No compensation to teacher who has no certificate. No teacher shall be entitled to any compensation for teaching in any district school unless he is the holder of a certificate, valid and in force in the county where such school is taught; provided, that if a teacher's certificate shall expire by its own limitation within six weeks of the close of the term, the holder may finish such term without re-examination or renewal of certificate ; provided further, that teachers of special subjects and substitutes employed temporarily may be paid, though they hold no certificates. 1840. Teacher's certificate to be recorded. Every teach- er, before assuming charge of a school, shall present to the county superintendent his or her certificate, who shall record in a book provided for that purpose the name of the holder, the grade of the certificate, and the date of its expiration. 1841. School register and report. Every teacher shall keep a school register, and at the close of each year make a report in such form and containing such items as shall be re- quired by law. Such reports shall be made in duplicate, one copy of which shall be filed with the clerk of the board, and one copy with the county superintendent. Salary withheld till report is filed. No teacher shall be paid the last month's salary of any year until the report for such year shall be filed as herein re- quired. 1842. School year, term, month, etc., defined. Holidays. The school year shall begin on the first day of July of each year, and close on the last day of June of the year following. A school week shall consist of five school days, a school month of twenty school days, and a school term of ten school weeks. 44 SCHOOL LAW No school on holiday. NO school shall be taught on a legal holiday. A legal holi- day falling upon a day which otherwise would be a day of school, shall be counted a day of school, and the teachers shall be paid t herefor. 1843. Teacher to follow course prescribed. Every teacher in the district schools shall teach pupils the course of study prescribed. 1844. Teachers to attend teachers' institute. Each teacher who is engaged in teaching during a period whjch includes the time of holding a teachers' institute, upon receiving notice from the county superintendent to attend, shall close his school during the holding of such institute and attend the same, and shall be paid by the school board of the district the regular salary as teacher for the time of attendance during such insti- tute, as certified by the county superintendent. The certificate of any teacher may be revoked by the State Board of Educa- tion, when, upon due examination and inquiry and after the holder thereof shall have been given an opportunity of being heard, it appears that he is guilty of inexcusable neglect or re- fusal to attend a teachers' institute held for such county. 1845. Suspension of pupils by teacher. A teach may suspend from school, for not more than five days at any one time, any pupil for insurbordination, habitual disobedience, or disorderly conduct. In such case the teacher shall give imme- diate notice of such suspension, and the reason thereof, to the parents or guardian of such pupil, and also to some member of the district school board. 1846. Teacher to grade pupils. It shall be the duty of the teachers to assign to each pupil such studies as he is quali- fied to pursue, and to place him in the proper classes; pro- vided, that in graded schools the principal or superintendent shall perform such duty. 1847. Use of text books. Damage to school property. - SCHOOL LAW 45 i Teachers shall enforce the use of text books and the rules and regulations prescribed for schools. Damages for injuring school property. Any pupil who cuts, defaces, or otherwise injures any school property is liable to suspension from school, and upon complaint of the teacher or any trustee, the parent or guardian of such pupil shall be liable for all damages. 1848. Prohibited doctrines. Moral instruction. No sec- tarian control. No atheistic, infidel, sectarian, religious, or de- nominational doctrine shall be taught in any of the district schools of this State. Moral Instruction required. Moral instruction tending to impress upon the minds of the pupils the importance of good manners, truthfulness, tem- perance, purity, patriotism, and industry, shall be given in every district school, and all such schools shall be free from sectarian control. 1849. Text books for indigent pupils. Necessary text books and supplies shall be furnished by the school board, free of charge to indigent pupils. Such books and supplies shall be used under the direction of the teachers. 1850. English language used. All district schools in this State shall be taught in the English language. 1851. Admission of pupils. Every district school shall be open for the admission, free of charge, of all children living in the district over six and under eighteen years of age, and of children within the required age, whose father, mother, or guardian is a taxpayer within said district. Any person over eighteen years of age may be admitted to any district school, in the discretion of the board of trustees, at such rate of tuition as the trustees may prescribe ; provided, that beginners shall not be received into the schools except during the first four weeks after the opening of the first and third terms. 16 SCHOOL LAW 1852. Protecting against contagious diseases. The teacher or board shall not allow any pupils to attend the district school while ai> member of the household to which such pupil belongs is sick with any infectious or contagious disease, nor during the period of two weeks after the death, recovery,. or removal of such sick person, and then only upon a certificate o\' a competent physician or written permit of the district school hoard. 1853. Uniform compensation for like services. Females: employed as teachers in the puhlie schools of this State shall in all eases receive the same compensation as is allowed to> male teachers, for like services, when holding the same grade certificates. CHAPTER 10. TEXT BOOKS 1854. Commission created. Duties. No compensation. Expenses. A State Text Book Commission is hereby created and established to consist of the State Super- intendent of Public Instruction, the President of the University of Utah, the President of the Agricultural Col- lege of Utah, the Principal of the State Normal School and five resident citizens of the State to be appointed by the Gov- ernor, three of whom shall be superintendents of schools. Each appointed commissioner shall serve during the period of adoption and without compensation, but his actual and neces- sary expenses incurred in the performance of his official duty, the account for which shall be verified on oath, shall be paid out of the public school fund. The members of this commis- sion, or a majority of them, shall decide what text books shall be adopted for use in the district schools and the high schools of the State, except in cities of the first and second class, and their use shall be mandatory in all district and high schools of the State, except in cities of the first and second class. SCHOOL LAW 47 1855. Convention. When held. How called. Pur- pose. The State Superintendent shall call a convention of the Text Book Commission at least six months prior to the expiration of any contract regulating the supply and the use of text books in the district schools and the high schools throughout the State, except in cities of the first and second class, and shall give at least sixty days' notice of the time of holding such convention by publication in a news- paper having general circulation in the State. Such notice shall state the subjects upon which text books shall be adopted and that sealed proposals will be received by the State Super- intendent of Schools for furnishing such books, the place where and the day and hour when all proposals will be opened, and that the convention reserves the right to reject any and all proposals. Said convention shall be called for the adoption of text books every five years as herein provided; and any text book so adopted shall not be changed within a period of five years after its adoption, except for a sufficient cause to be decided at a special convention called for that purpose; provided, that the contracts entered into in 1907 shall extend until July 1, 1913. 1856. Proposals for text books and awards. At the time and place specified in said notice, the convention shall meet and publicly open and read all the proposals which have been received, and shall make their awards therein within thirty days thereafter. 1857. Samples and prices. Sealed proposals must be ac- companied by sample copies of the books proposed to be fur- nished, together with a statement of the introductory or ex- change price, and of the wholesale and retail prices at which the publishers agree to furnish each book within the State during the full time for which said books may be adopted. 1858. When proposals are unsatisfactory. If no satisfac- tory proposals are received, the State Superintendent of Pub- lic Instruction may advertise anew, and the books in use shall be continued in use until satisfactory proposals shall have been received and accepted. 4S SCHOOL LAW 1859. Publishers to enter into contract. The publisher or publishers whose proposals shall be accepted must enter in- to a written contract with the State Superintendent of schools, and shall give a bond with two sufficient sureties in a reason- able sum, to be fixed by the convention, for the faithful per- formance of such contract. 1860. School officer or teacher not to act as agent. No school officer or teacher in any district school in this State- shall act as agent for any author, publisher, bookseller, or other person to introduce any book, apparatus, furniture, or any article whatever in any district in which such school officer or teacher is officially engaged. 1861. Receiving bonus from publisher. Penalty. If the State Superintendent or any county or city superintendent, or other school officer shall receive from the publisher of any school books, or from any other person interested in the sale or introduction of any books, maps, charts, or other school sup- plies into the public schools in the State, any money or bonus, in any manner as an inducement for the recommendation or introduction of any such book in the schools of the State, such person shall be guilty of a misdemeanor. 1862. Failure to enforce use of books adopted. Pen- alty. If the trustees of any district shall refuse or neglect to enforce the use of text books adopted by the convention, such refusal or neglect shall be a misdemeanor on the part of any trustee so refusing or neglecting, and shall be punishable by a fine not exceeding one hundred dollars and by removal from office. CHAPTER 11. STATE AND COUNTY TAX. 1863. State treasurer to receive and pay over school fund. The State Treasurer shall receive and hold as a special SCHOOL LAW 49 fund all public school moneys paid into the State treasury, and pay them over on the warrant of the State Auditor, issued up- on the order of the State Superintendent of Public Instruction in favor of the county treasurer of each county for the amount clue said county, and in favor of the treasurer of each board of education for the amount due such board. 1864. | County superintendent to make estimate of funds needed. The county superintendent shall, on or before the first Monday in May of each year, furnish the board of county commissioners an estimate in writing of the amount of school funds needed for the ensuing year. 1865. County school tax. Levy. Rate. Collection. The board of county commissioners of the county, at the time of making the annual levy of other eounty taxes, must levy a county school tax upon all taxable property of the county ; provided, that said tax shall not exceed four mills on the dollar of valuation of the property taxed. Said tax shall be collected by the officer charged with the collection of general taxes, at the same time and upon the same valuations of the property taxed as other county taxes, and' shall be paid into the county treasury of the county to the credit of the county school fund. 1866. Duties of county treasurer concerning school funds. The county treasurer shall receive and hold, as a special school fund, subject to the orders of the county super- intendent, all public school moneys from whatever source re- ceived and keep a separate account thereof; and when the same is apportioned to the school districts, he shall pay it to the district treasurers upon the warrants of the county super- intendent. He shall, on or before the first day of August in each year, make a report to the board of county commission- ers, who shall audit the same, and to the State Superintendent in such form as he shall direct, showing: 1. The amount of moneys on hand at the commencement of the school year. 50 SCHOOL LAW 2. The amount of moneys received from the state school t'uiul. :>. The amount received from the county school tax. 4. The amount received from other sources. 5. The total expenditures for school purposes. 6. The balance on hand at the end of the school year. CHAPTER 12. SCHOOL FUND. 1867. Apportionment and use of school funds. The county superintendent of each county shall, immediately upon receiving the apportionment from the State Superintendent, proceed to apportion the state school funds to the several school districts of his county according to the number of school children residing in each district over six and under eighteen years of age, as shall appear from the last enumeration re- ported to his office. The county superintendent shall apportion the county school funds in like manner, and as soon as practicable after the receipt of the same or any portion thereof; provided, that before making such apportionment he shall apportion to cities of the first and of the second class and to county school dis- tricts of the first class their proportion per capita of the county school fund, after which he shall set aside so much of said county fund as the board of county commissioners shall order for the payment of the compensation of the county superin- tendent, the expenses of the county institute, and contingent expenses of the county superintendent's office, and the actual and necessary traveling expenses of the county superintendent while making his official visits, but all warrants drawn by the county superintendent for the disbursement of the fund, so set aside, shall be approved by the board of county commissioners; provided further, that no part of either of said funds shall be used otherwise than for the payment of teachers, except as pro- vided otherwise in this section. The county superintendent SCHOOL LAW 51 shall file a duplicate of such apportionment with the county auditor. 1868. School must be maintained for twenty weeks. No school district shall receive any apportionment of school moneys unless such district shall have maintained a school therein for at least twenty weeks during the next preceeding school year, and the number of children of school age in any district not maintaining school for twenty consecutive weeks during the year next preceding shall be subtracted from the total school population of the county before the apportion- ment is made, but any new district formed by the division of on old one is entitled to its apportionment when school has been maintained in the old district before division, or in the new district after division, or in both, at least twenty weeks in all; provided, that when by reason of fire, flood, or other like uncontrollable causes, school has not been maintained the length of time required by this section, the district may still draw its apportionment. 1869. New district to receive its proportion. Any newly organized school district shall be entitled to its proportion of the State and county fund which shall have been appor- tioned to the district or districts from which it was created. 1870. Small school may be closed. When the average attendance in any school district for twenty consecutive weeks in any school year falls below eight pupils, except for reasons mentioned in section eighteen hundred and sixty-eight, the county superintendent is hereby authorized to close said school. 1870x. Where revenue is insufficient. Proviso. State aid for public schools. In districts of the State where the revenues derived from the State, county and dis- trict school tax levies are insufficient to enable school trus- tees to employ a teacher or teachers for a period of at least twenty-eight weeks, and the board of county commissioners of the county in which said school district or districts are lo- cated has made a school tax levy of four mills, and the school 52 SCHOOL LAW district trustees have levied a district tax of five mills, and there is not a sufficient amount from the allotment of State and county and the district school moneys after all necessary current expenses are paid from the district fund to raise the amount for the payment of teachers to the sum of $525.00 for each teacher in the district for the current school year, the county school superintendent shall make report thereof, giving the amount available in such districts for the payment of teach- ers in the school year, together with an itemized account of the expenditures of any part of the district tax for current ex- penses, verified under oath, to the State Superintendent of Public Instruction, not later than the 15th day of May in such year. The State Superintendent shall by the 15th day of June of such year, make to the State Auditor, State Treas- urer, and the State Board of Examiners, report of the school districts so reported to him, with the county or counties in which they are located, and the names and addresses of the county superintendents thereof. And there shall be paid out of any moneys in the State treasury not otherwise appro- priated, a sufficient sum to make the amount available for the payment of teachers in each of such school districts to aggre- gate $525.00 for each teacher for the school year, for the use of the school district so applying therefor; provided, that school is maintained in the district at least twenty-eight weeks in the school year; provided, further, that no district affected by this section shall employ more than one teacher except on the recommendation of the county superintendent of schools, and after such recommendation has the approval of the State Superintendent of Public Instruction; provided, further, that no teacher shall be employed in any district affected by this appropriation without the concurrence of the State Board of Education. 1870x1. How paid. Said moneys for the districts in each county shall be paid to the county superintendent of such county, for the use of such districts, on the certificate of the State Superintendent; said moneys to be used exclusively for the payment of teachers; and the said county superintend- ent shall, within thirty days from the time of receiving the SCHOOL LAW 53 •State warrants for his county's portion, file with the State Auditor proper vouchers, approved by the district trustees -and signed by the teacher or teachers employed. He shall, be- fore October 1st of each year refund any unused portion of the amount to the State treasury. Sec. 2. Appropriation. To carry out the provisions of this Act there is hereby appropriated out of any moneys in the State treasury, not otherwise appropriated, the sum of -$10,000.00 for the biennium. $5,000.00 to be expended annually or so much thereof as may be necessary, provided, that no 'county participating in this appropriation shall draw annually more than two-fifths of the annual appropriation. CHAPTER 13. SPECIAL SCHOOL TAX. 1871 Special tax to purchase site, erect buildings, etc. Notice. AY hen it is necessary to raise funds to purchase a school site or improve the same, or to purchase, build, rent, repair, or furnish school houses or redeem outstanding bonds, or for payment of teachers' salaries or for current expenses, a tax may be voted, in any sum not to exceed two per cent of all taxable property in the district, at a meeting called for that purpose in the manner provided in chapter five of this title. When a tax shall have been voted for school purposes at any meeting provided for in this title, the trustees shall file with the county superintendent and the county clerk, within ten -days after such meeting a copy of the notice calling such meet- ing, and a copy of the minutes thereof, which shall be kept on file by the said superintendent and clerk, subject to inspection by any person. 1872. Id. Voting. Certification and Collection. All school taxes voted by the trustees or by a special meeting called for that purpose, shall be computed from the valuation of the 54 SCHOOL LAW next succeeding county assessment roll, and shall be voted on or before the first day of May of any year, and within twenty .lays thereafter the board shall make certified returns of the per cenl of the taxes so voted to the county auditor and the county assessor, who shall acknowledge receipt of same. The county assessor shall assess for such special tax, at the time and in the manner provided by law for assessing state and county taxes, and shall give to the district school taxpayers similar notices to those which are required by law to be given to taxpayers of state and county taxes. The officer charged with the collection of special school taxes shall pay over the same to the treasurer of the school district in which the same are collected, making payments of the sums collected, at the end of each calendar month. On the thirty-first day of Decem- ber, after receiving the tax roll, he shall complete the payment of all the school district taxes borne upon such roll. 1873. Id. Equalization by courty commissioners. At the time of computing the county and state tax, the county auditor shall compute the district school taxes that have been voted. The board of county commissioners shall sit as a board of equalization of district school taxes, and shall equalize the same at the time and in the manner provided by law for equal- izing state and county taxes. On completion of the tax roll, the county auditor shall certify to the board of trustees of each school district the amount of the district school taxes assessed on the property thereof. 1874. School taxes levied and collected as other taxes. Lien. All school taxes levied and assessed under the pro- visions of this title, shall become due and delinquent at the same time, and be assessed and collected by the same officers and in the same manner, and shall attach to and become a lien on the real and personal property assessed at the same time as state and county taxes. SCHOOL LAW 55 CHAPTER 14. CREATING INDEBTEDNESS. 1875. Debt not to exceed current taxes without vote of people. Any school district or any board of education of a city of the first or of the second class may create indebtedness for the maintenance of the schools within such district or city not in excess of the taxes for the current school year; and any such school district or board of education may create indebt- edness for the purpose of purchasing school sites and erecting school buildings not in excess of any tax that may have been lawfully imposed for such purposes, and prior to the collection thereof; but no debt in excess of the school taxes for the cur- rent year shall be created by any school district in any county, or by the board of education of any city of the first or of the second class in this state, unless the proposition to create such debt shall have been submitted to a vote of such qualified electors as shall have paid a property tax therein during the twelve calendar months next preceeding such election, and a majority of those voting thereon shall have voted in favor of incurring such debt. The election provided for in this section shall be held, conducted, and returns made, as provided in section nineteen hundred and forty-one. 1876. Additional indebtedness to maintain schools, how authorized. "Whenever debts equal to the school taxes for the current year shall have been created by any school district in this state, or by the board of education of any city of the first or of the second class in this state, thereby rendering it nec- essary to create and incur additional indebtedness in order to maintain and support the schools of any such school district, or the schools controlled by any such board of education, for the current year or any part thereof, then the trustees of any such school district, or any such board of education, as the case may be, may cause the proposition to incure and create such additional indebtedness to be submitted to a vote of such qualified electors as shall have paid a property tax in any sue) school district or city in the year preceding such election. 56 SCHOOL LAW 1877. Id. Election in city, how called. Notice. Judges.. The election provided lor in the preceding section, when held in a city of the first or of the second class, shall be called by publishing a aotice, signed by the president and clerk of the board of education, in a newspaper published in the city, for not Less than ten days, and by posting said notice at the polling places in each municipal ward of the city for the same length of time next preceding said election. The board of education, before any notice is published or posted, shall appoint three electors in each municipal ward to conduct the elections herein provided for, who shall take and subscribe an oath of office. and who shall make returns thereof, to the board, as herein provided. Such notice shall specify: 1. The time and place of holding such election. 2. The names of the judges at each polling place to con- duct such election. 3. The hours during which the polls shall remain open. 4. The amount of indebtedness which the board proposes: to incur or create, and for what purposes. 1878. Id. In other districts. The election provided for in Section 1876, when held in any school district other than a city of the first or of the second class, shall be called by pub- lishing a notice, signed by the chairman and clerk of the board id' trustees of such district, in a newspaper published in the county in which such district is situated, for not less than ten days, and by posting said notice in three conspicuous places in the district for the same length of time preceding said election ; if no newspaper be published in said county then by such post- ing of notices only. The board of trustees of such district be- fore any notice is published or posted, shall appoint three elec- tors to conduct the elections herein provided for, who shall take and subscribe an oath of office and who shall make returns thereof to the board as herein provided. Such notice shall specify : 1. The time and place of holding such election ; 2. The names of the judges of election to conduct such election; 3. The hours during which the polls shall remain open; SCHOOL LAW j, . 57 •A. The amount of indebtedness which the board proposes to incur or create, and for what purpose. 1879. Ballot. The ballot used at such election shall be furnished by the board of education or by the trustees, as the case may be, and shall express upon its face the propositions which the board, or the trustees, desire to submit to the tax- payers. 1880. Who entitled to vote at such elections. Challenges. Every registered voter residing in any ward of any such city, or residing in any school district in which an election is held for the purpose of determining the question of creating and incurring additional indebtedness in such district or city, and which voter shall have paid a property tax in such district or city in the year preceding such election, shall be entitled to vote at any such election. Challenges. Challenges for cause by any qualified voter shall be allowed on such election, and promptly decided by the judges conducting the same. 1881. Canvass of vote. Result. Immediately after the closing of the polls, the persons appointed to conduct the elec- tion shall proceed to count and canvass the ballots at such election and make returns thereof to the board of education or the board of trustees, as the case may be, and said board of education, or said trustees, as the case may be, shall, within five days after said election, meet and canvass said returns, and if a majority of the ballots cast at said election are in favor of incurring and creating such additional indebtedness, then the board of education or the trustees, as the case may be, shall cause an entry of that fact to be entered upon the minutes of said board or of said trustees; and thereupon said board of education or said trustees, as the case may be, shall be author- ized and directed to incur and create such additional indebted- ness as shall be necessary to support and maintain the schools of any sueh school district or the schools controlled by any 58 SCHOOL LAW such board of education, Eor the current year, or any part thereof, not exceeding the amount mentioned in the notice calling such election. CHAPTER 15. DISTRICT SCHOOL BONDS. 1882. Trustees may issue bonds, when. Whenever a duly organized school district in any county in this State, at any regular or special meeting called and held for the purpose, shall determine by a majority vote to issue school district bonds for the purpose of building and furnishing schoolhouses, purchasing grounds on which to locate the same, or to fund or refund any outside indebtedness, the trustees may issue such bonds in accordance with the provisions hereof. 1883. Election for bonds. Notice. Before the question of issuing bonds shall be submitted to vote in any school dis- trict, the trustees shall call an election of the voters of such district, qualified under Chapter five of this title, by notices to be posted in at least three public and conspicuous places in said district, not less than twenty days before such election. Said notices shall state the time and place of holding the election, the amount of bonds proposed to be issued, and for what pur- pose, and the time in which they shall be made payable. The voting at such election shall be by ballot. All ballots deposited in favor of issuing bonds shall have thereon the words "Bonds, yes," and those opposed thereto shall have thereon the words "Bonds, no." If a majority of the votes cast shall be in favor of issuing bonds, the trustees shall forthwith proceed to issue bonds of the district in any amount not exceeding the amount authorized at such election; but if less than a majority of the votes cast are in favor of issuing bonds, there shall be no fur- ther action on the question for one year thereafter. No elec- tion shall be void because the amount of bonds authorized thereat exceeds the statutory limitation, but the bonds author- ized may be issued within the limitation fixed by law. SCHOOL LAW 59 1884. Denomination of bonds. Interest. Limitation of bonded indebtedness. The denomination of the bonds which may be issued under the provisions of this chapter shall be fifty dollars or some multiple of fifty, not exceeding one thou sand dollars, and shall bear interest at the rate of not exceed- ing six per cent per annum, payable semi-annually, in accord- ance with interest coupons which shall be attached to said bonds. The amount of said bonds, including existing indebt- edness, shall not exceed four per centum of the value of the taxable property in any school district, the value to be ascer- tained by the last assessment for state and county purposes previous to the incurring of such indebtedness, and such bonds shall be made payable not more than twenty years from their date. The trustees may reserve the right to redeem such bonds or any of them at any time after five years from their issue. 1885. Statement to county auditor. Form of bonds. Registration. "Whenever any school district has voted to issue bonds, the trustees of such district shall immediately file with the county auditor of the county in which the school district is situated a certified copy of the order of the trustees authoriz- ing such meeting to be called and held, and also certified copies of the notices posted calling such meeting, together with an affidavit showing when and where said notices were posted and that they were posted as required by law and the order of the trustees. The trustees shall also file with said auditor a state- ment showing the value of taxable property in the district, and that the amount of bonds proposed to be issued does not ex- ceed the proper per cent of the value of taxable property in the district, which statement shall be subscribed and sworn to by the trustees. Endorsement of county superintendent. The statement shall ah/o bear the endorsement of the county superintendent of districts schools, that the meeting was lawfully called and held, and the voting of the qualified tax- payers, the canvass of votes cast, and all matters in relation to 60 SCHOOL LAW the proposed issue of bonds in said school district Were law- fully conducted, and thai such bonds may be lawfully issued. Bonds, what they shall state. Whenever any bonds are issued under the provisions of this chapter, they shall be lithographed or printed on bond paper, and shall slate upon their face the date of their issue, the amount of the bond, to whom and for what purpose issued, the time and place of payment, and the rate of interest to be paid. They shall have printed on the margin the words "Authorized by act of the Legislature of the State of Utah, A. D. 1897, and all supplemental and amendatory acts," and upon the back of the bonds shall be printed a certificate signed by the county auditor in substantially the following form: "I certify that the within bond is issued in accordance with law, and is within the debt limit permitted by the statutes of the State of Utah, and in accordance with a vote of the qualified taxpayers of school district of county, State of Utah, at a regular (or special) meeting held on the day of A. D , to issue bonds to the amount of dollars." Signatures. They shall be signed by the chairman and the clerk of the board of trustees of the school district and shall be registered and numbered in a book to be kept by the clerk for that pur- pose, in which shall be entered the number, date, demonina- tion. name of person to whom issued, and the date when the same shall become due. 1886. Tax levy for interest on bonds and sinking fund. in addition to the amount elsewhere authorized to be levied under the provisions of this title, there shall be levied by the trustees and certified to the county treasurer annually prior to July first, on the taxable property of the school district so issuing bonds, and assessed and collected as other taxes are assessed and collected, a sum not exceeding two and a half mills on the dollar of the assessed valuation of said district, sufficient SCHOOL LAW 61 To pay the interest on such bonded indebtedness, and after five .years, in like manner, a further annual tax not to exceed two mills on the dollar, for a sinking fund, to be used in payment of •such bonds when they become due, and for no other purpose. Whenever there may be sufficient funds on hand, the trustees may, however, purchase any of its outstanding bonds at the lowest market price, and pay for the same out of the sinking fund, or out of any fund created by special tax for such pur- pose. 1887. Sale of bonds. Proceeds. Whenever any bonds are issued under the provisions of this chapter, the trustees shall have authority to negotiate and sell such bonds for not less than their par value unless the state superintendent, upon satisfactory evidence that the bonds cannot be sold for par. shall consent in writing to a sale below par. The proceeds shall be used exclusively for the purposes for which the said bonds were issued. 1888. Bonds a lien. Refusal of trustees to levy tax. Bonds issued under the provisions of this chapter shall be a lien upon the taxable property in the school district issuing them, and when any trustees neglect or refuse to levy a tax in accordance with law to meet outstanding bonds or the interest thereon, the board of county commissioners shall levy such tax, and when collected apply it to the payment of such bonds and the interest due thereon. 1889. Cancellation of redeemed bonds. Interest. When- ever any of the bonds of a school district shall have been re- deemed or purchased by the trustees, they shall be canceled by writing or printing in red ink across each bond and coupon, the words "Paid and Canceled" and the date of payment and amount paid shall be entered in the clerk's register against the number of the bond, and thereafter no interest shall be paid on account of the bond so canceled, and the bonds and coupons so canceled shall be filed in the office of the clerk of the district board and preserved in a book to be kept for that purpose. 62 SCHOOL LAW 1890. Buildings may be erected by contract or days" labor. Whenever any schoolhouse is to be built, the trustees-. shall advertise for at least twenty days in some newspaper printed in the county, or, if no newspaper is printed in the county, by posting notices for the same length of time in five conspicuous places in the county, for sealed proposals for- building such schoolhouse, in whole or in part, in accordance with plans and specifications, which shall be furnished by the trustees, stating in such advertisement or notice the place where, and the day and hour when, all proposals will be- opened, and reserving the right to reject any and all proposals. Bids to be opened publicly. At the time and place specified in said notice, the trustees; shall meet ajid publicly open and read all the proposals which have been received, and shall award the contract to the lowest responsible bidder. Bond of Contractor. They shall require of such contractor a bond in double the- amount of the contract, conditioned that he will properly per- form the conditions of the contract in a faithful manner and in accordance with its provisions. Re-advertising in case of rejecting all bids. In case none of the proposals are satisfactory, all shall be rejected, and said trustees shall advertise anew, in the same manner as before, until satisfactory proposals shall be sub- mitted; provided, that the construction of buildings, by school districts may, in the judgment of the trustees, be done wholly or in part by day labor or by contract ; provided further, that no trustee shall be pecuniarily interested, directly or indi- rectly, in the construction of any such building or in any con- tract provided for in this section. 1891. Bonding indebtedness heretofore existing. The provisions of this chapter shall be applicable to and shall au- SCHOOL LAW 63 thorize the issue of bonds by such school districts as have .already built schoolhouses, and the qualified taxpayers thereof 4 SCHOOL LAW tioE for such district to serve until the election of their stre- ssors under the provisions of tins chapter; provided, that in districts already consolidated the members of the board of education as now constituted shall serve for the term for- which they were elected. 1891x1. School therein to be free. In each district sub- ject to the provisions of this chapter, the public schools shall be free to all children between the ages -of six and eighteen years. All public schools and school property therein shall be under the direction and control of the board education. 1891x2. Board. How constituted. The Board of Educa- tion of each county school district of the first class shall con- sist of not less than five nor more than nine members; one to be elected from and by each of the representative precincts within said county school district. The board of county com- missioners in which such county school district is located shall before June 1, 1914, divide the same into not less than five nor more than nine representative precincts, for school pur- poses, and at the election in December, 1914, members of the board of education shall be elected in accordance with such re- districting. 1891x3. Members of board. How elected. Must qualify. There shall be elected in the county school districts of the first class, on the first Wednesday in December, 1908, one member of the board from each odd numbered school representative precinct or district for a term of two years, and at the same time one member of the board from each even numbered school representative precinct or district for a term of four years. On the first Wednesday in December, 1910, and every four years thereafter, there shall be elected one member of the board from each odd numbered school representative pre- cinct or district for a term of four years, and on the first Wednesday in December, 1912, and every four years there- after, one member of the board from each even numbered school representative precinct or district for a term of four years. Where any county school district of the first class SCHOOL LAW 65 exists or may be created, the board of county commissioners shall appoint the members of the board of education, to serve until the next election provided for in this section, and until their successors are duly elected and qualified; provided, that where there have been designated three trustees for the entire district, each one being from a school representative precinct, then these are constituted members of the board of education until the next election, and the board of county commissioners shall appoint two other members, one from each unrepresented representative precinct; but where two or more trustees are from one school representative precinct, the board of county commissioners shall designate the member of the board of education. Members of the board of education in a county school district of the first class shall qualify by taking and subscribing the constitutional oath of office, and giving bonds to the district in which they reside in such sum and with such sureties as the board of county commissioners may require and approve, conditioned for the faithful discharge of the duties of their office, the oath of office and bonds to be filed with the county clerk. 1891x4. Must qualify. When. Members of the board of education shall qualify previous to, and take their seats at, the first regular meeting in January next after their election, and shall serve until their successors are duly elected and qualified. 1891x5. Elections, how conducted. Elections for mem- bers of the board shall be called and conducted, and the can- vass of returns shall be made, and the qualification of electors shall be as provided in the general registration and election laws, except as in this section hereinafter provided. There must be at least two voting places in each school representa- tive precinct. It shall not be necessary to file certificates of nomination of candidates, nor to publish a list of nominations. Appointments of judges of election shall be made by the board of education at any convenient time prior to the day of election. The board of education shall furnish the judges of election al every polling place with a sufficient number of plain envelopes for election purposes and shall pay all other lawful 66 SCHOOL LAW and necessary expenses of the elect ion. Such envelopes shall be uniform in size and quality, withoul any marks, writing, 1'iini ing, or device upon them ; and uo other kind shall be used at any election. Every voter shall designate 011 a single ballot, written or printed, the name of the person or persons voted for, with a pertinent designation of the office to be tilled. The bal- lot shall be folded ami placed in one of the envelopes herein- before provided tor, and shall be delivered to the presiding judge of election, who shall, in the presence of the voter, on tlie name of the proposed voter being tound on the registry list, and on all challenges to such vote being decided in favor of such voter, deposit it in the ballot box, without any mark whatever being placed upon such envelope; otherwise the bal- lot shall be rejected. The board of education shall exercise all such powers relative to school elections in their respective districts as are conferred upon the board of county commis- sioners in other elections, so far as conformable w T ith this chapter. 1891x6. Must reside in district. Vacancies. Every mem- ber of the board of education in county school districts of the first class shall be and remain a resident, qualified, registered voter in the school representative precinct from which he is elected or appointed; and the board of education is hereby required to fill any vacancy that may occur through non-resi- dence or any other cause, until the next election of members of the board; provided, that any vacancy occurring previous to the annual election having an unexpired term shall be filled for such unexpired term at the first school election thereafter, and the ballots shall be as follows: "To fill the unexpired term " 1891x7. Board must organize. The members appointed or elected as herein provided shall, before entering upon the discharge of their duties, take and subscribe the constitutional oath of office. They shall organize by electing from their num- ber a president and a vice-president, whose term of office shall be for two years, and until their successors are elected and qualified. They, shall also elect a clerk and a treasurer, who SCHOOL LAW 67 shall be registered voters in the school district, and whose re- spective terms of office shall be two years, and until their suc- cessors are elected and qualified. 1891x8. Officers may be removed. Any officer appointed or elected by the board of education for a specified term, as provided in the next preceding section, may be removed from his office for cause by a vote of two-thirds of the board. 1891x9. Board may appoint other officers. The board of education shall have power to appoint all other officers that in its judgment may be necessary fully to carry out the pro- visions of this chapter, for the protection and improvement of school property, and for the promotion of the interests of the school, and remove the same at pleasure, and may require any such officer to give bond to the board in such sum as it may prescribe. The oath of office and bond of the clerk shall be filed with the treasurer, and all others shall be filed with the clerk. 1891x10. Superintendent of schools to be appointed. Term. Duties. At the first meeting of the board in June, nineteen hun- dred and eleven, and biennially thereafter, a superintendent of schools shall be elected by the board, who at least shall be the holder of a life diploma of grammar school grade and who shall subscribe the constitutional oath of office, and shall enter upon his duties on the first day of July thereafter. His term of office shall be two years, and until his successor shall be elected and qualified: provided, that until the date herein stated, the county superintendents of schools shall as such officers, perform the duties of superintended of schools in its county school districts of the first class, situated in the county of which he is school superintendent. Said superintended shall attend the convention of school superintendents provided for in section seventeen hundred and eighty-one, Compiled Laws of Utah, 1907. 1891x11. School year. Reports. The school year shall commence on the first day of duly annually, and close on the last day of June following. The annual reports of the presi- 68 SCHOOL LAW dent, the superintendent, and the several committees shall be presented to the board at or before the first regular meeting in August of each year. 1891x12. Compensation of board. The members of the board of education shall lix the compensation to be received Eor their services at a sum not to exceed three hundred dollars each per annum, and traveling expenses not to exceed one hun- dred dollars each per annum; provided, that the compensation of members of the board appointed prior to any election of members as named herein shall be fixed by the board of county commissioners. 1891x13. School census. The board of education shall appoint suitable persons for each school representative pre- cinct who shall act as enumerators for school population for said precinct, and visit every house therein between the 15th and 31st of July of each year, and ascertain and enter upon the lists the name of every person between the ages of six and eighteen years residing in such precinct, and also the name, age, postoffice address, and name of the parent or guardian of every deaf or dumb person over the age of five and under the age of thirty years, too deaf or dumb to receive an education in the public schools. Such enumeration lists shall contain all information required by law and such other information as the state superintendent and the board of education may require. 1891x14. Id. Apportionment of school moneys. The enumer- at ion lists shall be filed with the clerk of the board as soon as completed, and not later than the tenth day of August. Im- mediately thereafter, the clerk of the board shall make out and forward to the county superintendent, if there be one, to the county auditor, and to the state superintendent, a statement showing the number of children of school age residing in the district, together with all information obtained under the pro- visions of the next preceding section, and financial and statis- tical reports for the past school year, containing such items as shall be required by law or by the state superintendent; and thereupon the state superintendent shall allot to such school SCHOOL LAW 69 district a proper pro rata of state school funds subject to allot- ment, and shall apportion the amount due and certify, the same to the board of education of said district; the State Superin- tendent shall also make to county school districts of the first -class the apportionment required by section 1775, and furnish to the county treasurer, the county auditor, and the county superintendent, if there be one. in counties where any such county school district of the first class may be situated, an ab- stract of such apportionment, as in the case of cities of the sec- ond class. The county auditor of counties divided into dis- tricts of the first class shall apportion to the several school •districts in his county according to the number of school children residing in each district over six and under eighteen years of age, as shall appear from the last enumeration from his office, and shall notify the board of education of each dis- trict of the same. He shall also apportion to cities of the first and second class in his county their proportion per capita of the county school fund. 1891x15. Duties of president of board. It shall be the duty of the president to preside at all meetings of the board, to appoint all committees, and to sign all warrants ordered by the board of education to be drawn upon the treasurer for school moneys. In case of the absence or disability of the president, his duties shall be performed by the vice-president. 1891x16. Clerk must qualify. Before entering upon the discharge of his duties, t lie clerk shall give a bond to the board of education of such school district in such sum as said board may prescribe, with good and sufficient sureties, to be approved by the board, conditioned for the faithful perform- ance of his duties, and shall qualify according to law. 1891x17. Duties of Clerk. It shall be the duty of the clerk to attend all meetings of the board; to keep an accurate journal of its proceedings, and have the care and custody of the seal, records, and papers not otherwise provided for; to countersign all warrants drawn upon the treasurer by order of the board; to keep an accurate account of all moneys paid to 70 I U>OL LAW the treasurer on account of said hoard, from what source re- ceived, and all moneys paid on orders drawn on the treasurer by order of said board; and to prepare and submit to the board an annual statement, under oath, of the receipts and disbursements during the year ending June thirtieth, which statement the board shall cause to be published in a newspaper having general circulation in the county, showing: 1. The amount on hand at the date of last report. 2. The amount of sinking fund and how invested. 3. The moneys paid out. to whom, and for what paid. 4. The balance of school moneys on hand. 5. The number, date, and amount on every bond issued and redeemed under the authority herein given, and the amount received and paid therefor. The clerk shall perform such other duties as the board and its committee may require, lie shall receive for his services such compensation as the board may determine. 1891x18. Treasurer must qualify. Duties. The treasurer of the board of education shall subscribe to the constitutional oath of office and give a bond to the board with sufficient sure- ties and in such sum as the board may require; said oath and bond to be approved by the board and filed with its clerk. He- shall be the custodian of all moneys belonging to the corpora- tion and be responsible upon his bond for all moneys received by him as treasurer. He shall prepare and submit in writing a monthly report of the receipts and disbursements of his office, and pay out school moneys only upon a warrant signed by the president, or in his absence or disability, by the vice presi- dent, countersigned by the clerk, and shall perform such other duties as the board may require. The treasurer shall receive for his services such amount as the board of education may fix and determine. The board may require the treasurer to keep his office and records in the office of the board. 1891x19. Board a body corporate. The board of educa- tion of any such county school district of the first class shall be a body corporate under the name of "The Board of Educa- tion of _ School District" (inserting the proper name). SCHOOL LAW 71 and shall have an official seal eomformable to such name, which shall be used by the clerk in the authentication of all matters requiring it. Said board, in the name aforesaid, may sue and be sued ; may take, hold, lease, sell, and convey real and per- sonal property, as the interests of the school may require. The members of the board and the clerk thereof shall have the power and authority to administer oaths in proof of claims and against said corporation, and no claim or account, except salaries of teachers and janitors, shall be audited or allowed by the board of education unless the correctness of the same shall be verified under oath. 1891x20. Powers of board. The board of education shall have the power and authority to purchase and sell school house sites and improvements thereon; to construct and erect school buildings and to furnish the same ; to establish, locate and maintain kindergarten schools, common schools, consist- ing of primary and grammar grades, high schools, and indus- trial or manual training schools; to establish and support school libraries; to purchase, exchange, repair, and improve the high school apparatus, books, furniture, fixtures and all other school supplies in said schools. It shall supply and loan to pupils in the several grades and departments of said schools, except the high school, free of charge, all text books and supplies used by the pupils of said schools; it shall have the pow r er to sell to pupils in the several grades and departments of said schools, at cost, all text books and supplies used by the pupils of said schools; to collect all books and apparatus loaned to the pupils of the public schools of any such school district of the first class, or damages for the loss, injury or destruction of the same; to assign to the State Normal School, for the purpose of illustrating instruction in the practice school connected therewith, a sufficient number of pupils of appropriate grades. and re-imburse the State University or State Normal School for the instruction of such pupils at rates per pupil not exceeding the average cost of instruct ion pep pupil in the public schools of the district as ascertained for each year; to do all things needful for the maintenance, prosperity, and success of the ^'■hools, and the promotion of education; to adopt by-laws and 72 SCHOOL LAW rules for the procedure of the hoard of education, and make- and enforce all needful rules and regulations for the control. and management of the public schools of the district. 1891x21. Restrictions on sale of school property. No school sites or buildings shall he sold or conveyed by the hoard of education, except on resolution of the board, duly adopted at a regular or duly called meeting, and not then with- out the affirmative vote of at least two-thirds of all the nieni- bers of the hoard. 1891x22. Trustees of former districts to convey property to board of education. Upon the appointment or election and qualification of a board of education for any county school district of the first class, the trustees of all school districts for- merly existing in said county school districts of the first class shall convey and deliver all the school property in said districts to the board of education of said county school district of the first class; and the title of all such property, and all property hereafter acquired for school purposes in said districts, shall be conveyed to and vested in said board of education, for the use of the district schools of said district; and all rights, claims and causes of action to or for said property, or the use or in- come thereof, or for any conversion, disposition, or withholding thereof, or for any damage or injury thereto, shall at once vest in the board of education of said district, in trust for the use of the district schools of the district, and the said board, in the name aforesaid, may bring and maintain actions to recover,. protect, and preserve the property and rights of the district schools, and to enforce any contract relating thereto, and in its said name may sue and be sued in any court of law or equity. And all outstanding debts and obligations of any such school district shall be paid by said board of education. 1891x23. Teachers' examinations. Course of study. Ex- aminations for teachers in county school districts of the first class shall he conducted by the state board of education. Such districts shall follow the state course of study and shall use the text hooks adopted by the state text book commission. SCHOOL LAW 73 1891x25. School property exempt. All property, real and personal, held by the board of education shall be exempt from general and special staxation, and from all local assess- ments for any purpose, and shall not be taken in any manner for debt. 1891x26. Districts to receive their proportion of school taxes. All districts organized under the provisions of this chapter shall receive their pro rata share of any state taxes levied for the support of district schools or any funds that may be realized from any source which, under the operation of law, are required to be divided pro rata for the benefit of children of school age residing in the state. 1891x27. Board to estimate annual requirements. Tax rates. The board of education shall on or before the first day of May of each year, prepare a statement and estimate of the amount necessary for the support and maintenance of the schools under its charge for the school year commencing on the first day of July next thereafter, and for the purchase of school sites and the erection of school buildings, also the amount nec- essary to pay the interest accruing during such year, and not included in any prior estimates, on bonds issued by the said board; also the amount of sinking fund necessary to be col- lected during such year for the payment and redemption of said bonds; and shall forthwith cause the same to be certified by the president and clerk of said board to the officers charged with the assessment and collection of taxes for general county purposes in the county in which the district is situated, and such officers, after having extended the valuation of property on the assessment rolls, shall levy such per cent as shall, as nearly as may be, raise the amount required by the board, which levy shall be uniform on all property within the said district as returned on the assessment roll, and the said county officers are hereby authorized and required to place the same on the tax roll; provided, that districts of the first-class exist- ing at the time of the enactment of this law, and that where districts not existing on the first day of May shall come into existence by the second Monday in July in any year, the time 74 SCHOOL LAW o\' preparing the statement and estimate above named shall be extended to the third Monday in July; and any levy of special tax that may have been made in any district abolished or super- seded by the creation of such new districts shall be vacated. Said taxes shall be collected by the county treasurer as other taxes are collected but without additional compensation for assessing and collecting, and he shall pay to the treasurer of said board, promptly as collected, who shall hold the same subject to the order of the board of education; provided, that the tax on all the taxable property of said district for the sup- port and maintenance of schools, the purchase of school sites and erection of school buildings, shall not exceed in any one year, in any district whose assessed valuation is $10,000,000 or more, 10 mills on the dollar; in any district whose assessed valuation is more than eight million dollars and less than ten million dollars, 12 mills on the dollar; in any district whose assessed valuation is more than five million dollars and less than eight million dollars, 13y 2 mills on the dollar; and in any district whose assessed valuation is less than five million dollars, 15 mills on the dollar; provided, further, that the board of education in each county school district of the first class shall also, on or before the first Monday in May of each year, furnish the board of county commissioners an estimate in writing of school funds needed in their districts for the en- suing year for the payment of teachers, of expenses of the county institute, of compensation of superintendent of schools, which estimate shall be taken by the board of county commis- sioners, as required by Section 1864, Compiled Laws of Utah, 1907, or in lieu thereof when there is no county superintendent, as a basis for the county school tax levy provided for in Sec- tion 1865, Compiled Laws of Utah, 1907. 1891x28. County treasurer to pay over taxes. The re- spective county treasurers shall pay over to the board of edu- cation as fast as collected or realized its proportionate amount of delinquent taxes, interest, and costs on all tax sales here- tofore or hereafter made. 1891x29. Special school taxes for buildings. The board SCHOOL LAW 75 of education may, at the annual school election or at a special election, in its discretion, submit to the voters of the district the question of levying a special tax not to exceed two per cent of all taxable property in the district, for one or more years, to buy sites, build and furnish school houses, or improve the school property under' its control. If the voters declare in favor of such tax, it shall be levied and collected as other school taxes, and the board of education may apply any money available, raised from taxation, to the building of or the im- proving of the school property under its charge. The board of education shall give such reasonable notice of such submission as it may deem proper, and if submitted at a special election, may follow the procedure, so far as applicable, for the issuance of bonds. The certification and collection of the special tax provided for in this section shall be as directed in sections eighteen hundred and seventy-two and eighteen hundred and seventy-four, relating to special taxes. 1891x30. Special election for bonding district. The board of education may, when in its judgment it is advisable, or shall, when petitioned by a majority of the resident taxpayers of the school district, as appears by the county assessment roll of the last preceding year, call an election in each school repre- sentative precinct of the district, and submit to the taxpayers of the district whether bonds of such district shall be issued and sold for the purpose of raising money for purchasing school sites, for building or purchasing one or more school houses, and supplying the same with furniture and necessary appara- tus, for improving the grounds, and for the refunding and re- demption of all or any portion of any bonds outstanding in any such district. 1891x31. Election, how called. The election provided tor in the preceding section shall be called by publishing, for not less than ten days, a notice signed by the president and clerk of the board of education, in a newspaper having a general circu- lation in the school district, and by posting said notice at the polling places in each school representative precinct of the district for the same length of time next preceding said dec- 7t> SCHOOL LAW tion. The board of education, before any notice is published or posted, shall appoint three electors in each school repre- sentative district to conduct the bond election herein provided for, who shall take and subscribe an oath of office, and who shall make returns thereof to the board as herein provided. Such notice shall contain : 1. The time and place of holding the same. 2. The names of the judges at each polling place to con- duct the same. 3. The time during which the polls shall remain open. 4. The amount and denomination of the bonds, the rate of interest, and the number of years, not exceeding twenty, the whole or any part of said bonds are to run. In case it shall become necessary in a county school dis- trict of the first class to incur additional indebtedness as pro- vided in section eighteen hundred and seventy-six, the elec- tion therefor shall be called and conducted as prescribed in this section, except that the fourth subvivision required herein in the notice shall specify, instead of the amount and denomination of the bonds, etc., the amount of indebtedness which the board proposes to incur or create, and for what purpose. 1891x32. Form of ballot. The ballot used at such elec- tion shall be furnished by the board of education, and shall express upon its face the questions the board desires to submit to the taxpayers. No informalities in conducting such election shall invali- date the same, if it shall have been otherwise legally conducted. 1891x33. Qualifications of electors. Every registered voter residing in any school representative district in which any election is held for the purpose of determining the question of issuing bonds for such school district, and who shall have paid a property tax therein in the year preceding such election, shall be entitled to vote at any such election. Challenges for cause by any qualified voter shall be allowed at such election, and promptly decided by the judges conducting the same. SCHOOL LAW 77 1891x34. Canvass of votes cast. Statement to be filed with the county clerk. Immediately after the closing of the polls, the persons appointed to conduct the same shall proceed to count and canvass the ballots cast at such election, and make returns thereof to the board of education ; and said board shall, within five days after said election, meet and canvass said returns, and if a majority of the ballots cast at said election are in favor of issuing suoh bonds, then the board shall cause an entry of that fact to be made upon its minutes, and shall immediately file with the clerk of the county in which such school district is situated, a certified copy of the order of the board of education, and certified copies of the notices published or posted, calling such election, with an affidavit showing when and where said notices were published or posted, and that they were published or posted as required by law and the order of the board of education. The board shall also file with said clerk a statement showing the approximate num- ber of inhabitants and the value of taxable property in the district ; that the amount of bonds proposed to be issued, in- cluding existing indebtedness, does not exceed four per cent of the value of taxable property in the district; that the election at which the question of issuing bonds was submitted was law- fully called and held ; that all proceedings in relation to the proposed issue of bonds in said district were lawfully con- ducted, and that such bonds may be lawfully issued ; and there- upon said board of education shall be and it is hereby author- ized and directed to issue the bonds of such district to the num- ber and amount voted for at such election. The money for the redemption of said bonds, and the payment of the interest thereon as it shall become due, shall be raised by taxation upon the taxable property of said district ; provided, that the total amount of bonds so issued, including existing indebtedness, shall not exceed four per cent of the taxable property of the district, as shown by the last equalized assessment roll for county purposes. 1891x35. Denomination of bonds. Interest. Time. The denomination of the bonds which may be issued under the provisions of this chapter shall be fifty dollars or some multi- 78 SCHOOL LAW pie of fifty, n«>t exceeding one thousand dollars, and shall bear interest of not exceeding the rate of five per cent per annum, payable semi-annually or annually, in accordance with interest coupons which shall be attached to said bonds, and shall be made payable not more than twenty years from their date. The hoard of education may reserve the right to redeem such bonds, or any of them, at any time after. five years from their issue. Any bonds heretofore authorized by vote of any school district, remaining unsold may. in the discretion of the board, be hereinafter issued to bear any rate of interest not exceeding five per cent per annum, payable annually or semi-annually. 1891x36. Form of bonds. Whenever any bonds are issued under the provisions of this chapter, they shall be engraved, lithographed, or printed on bond paper, and shall state upon their face the date of their issue, the amount of bond, for what purpose issued, also the time and place of payment and the rate of interest to be paid. They shall have printed upon the margin the words "Authorized by Act of the Legislature of the State of Utah, A. D. 1897, and all Supplemental and Amenda- tory Acts," and upon the back of each bond shall be printed a certificate, signed by the county clerk, in substantially the fol- lowing form: I certify that the within bond is issued in ac- cordance with law, and is within the debt limit permitted by the Constitution and Laws of the State of Utah, and in accord- ance with a vote of the tax-payers of school district of county, State of Utah, at an election held on the day of , 1 , authorizing bonds to the amount of _ dol- lars. They shall be signed by the president and clerk of the board of education and countersigned by the treasurer there- of, and there shall be entered in a book to be kept by the clerk for that purpose, the number, date, and denomination of the bonds sold and the date when the same shall become due. 1891x37. Board may sell bonds. Whenever any bonds are issued under the provisions of this chapter, the board of education shall have authority to negotiate and sell such bonds to the highest bidder. No contingent bid shall be received, and SCHOOL LAW 79 every bid shall be accompanied by a certified check of five per cent as a forfeit payable to the order of the board of educa- tion. The board may reject any or all bids. The proceeds shall be used exclusively for the purpose for which they are issued. 1891x38. Bonds, how canceled. Whenever any of the bonds of the school district shall have been redeemed or pur- chased by the board of education, they shall be canceled by writing or printing in red ink across each bond and coupon the words, "Paid and canceled;" and the date of payment and amount paid shall be entered in the clerk's register against the number of the bond, and the bond and coupons -so canceled shall be filed in the office of the clerk of the board and pre- served in a book to be kept for that purpose. Any bond or bonds heretofore or hereafter issued by any board of education or school district may be refunded at any time by such board or school district when a- lower rate of interest or better terms can be obtained, and the provisions hereof as to elections shall not apply. 1891x39. Interest and sinking fund. The board of educa- tion, in its annual estimate and levy provided for in this chapter, shall include an amount sufficient to pay the interest as the same accrues on all outstanding bonds issued by the board, and also to create a sinking fund of two per cent of the par value of outstanding bonds for the redemption of said bonds, and shall cause a tax to be levied and collected as pro- vided for in this chapter, and such money shall remain a specific fund, and shall not be appropriated or used for any other purpose than is hereinafter provided. 1891x40. Investment of sinking fund. The moneys levied and collected for creating a sinking fund for the redemption of the bonds issued by the board of education shall be used as follows: After retaining an amounl sufficient to pay the principal of the bonds maturing during the year, the board shall, with the surplus of th ) sinking fund, invest the same in bonds of the State of Utah, or of any school district, town, city 80 SCHOOL LAW or county thereof, or of the United States, on the best terms to be obtained, until such time as it may be needed to purchase any outstanding bonds that may be offered, or until the ma- turity of any such bonds. 1891x41. Bonds a lien on property of district. Bonds issued under the provisions of this chapter shall be a lien upon the taxable property of the school district issuing them, and when the board of education neglects or refuses to levy a tax in accordance with law to meet the outstanding bonds or the interest thereon, the board of county commissioners of the county within which such district is situated, shall levy such tax and apply the money thus collected to the payment of such bonds and the interest due thereon. 1891x42. Board shall advertise for bids for building school houses.. AVhenever any school house is to be built, the board of education shall advertise for at least ten days in some newspaper published in the county for sealed proposals for building such school house in accordance with the plans and specifications, wmich shall be furnished by the board of educa- tion at its office or at the office of the architect, stating in such advertisement or notice the place where and the day and hour when, all proposals will be opened, and reserving the right to reject any and all proposals, and shall require a certified check of not less than five per cent of the amount of the bid to accompany the same, which check shall be made payable to the order of the board of education, and the check of the successful bidder shall be forfeited in case he fails or refuses to enter into the contract and furnish the bond required. At the time and place specified in said notice, the board shall meet and publicly open and read all the proposals which have been received, and, if satisfactory bids have been received, shall award the con- tract to the lowest responsible bidder and shall require of such bidder or contractor a bond in one-half the amount of the con- tract, conditioned that he will properly perform its conditions in a faithful manner and in accordance with its provisions. In case none of the proposals are satisfactory, all shall be rejected, and said board shall advertise anew in the same manner as SCHOOL LAW 81 before. It may require in the contract to be executed that at least twenty per cent of the contract price may be withheld until the building is completed and accepted by the board. But if after twice advertising, as provided herein, no satisfac- tory bid is received, the board may proceed under its own directions to erect the building required, or in case of a build- ing not exceeding five thousand dollars in cost, if no satisfac- tory bid is received at the first notice, the board may proceed with the construction as it may determine ; provided, that no member of the board of education shall be financially interested in the contract, directly or indirectly, in the erection of any school building. 1891x43. Parental schools. The board of education of any county school district of the first class, or board of edu- cation of any two or more such districts, under a contract to be approved by each of such boards, may provide for the establishment and maintenance of parental schools, and for the support and education of the inmates thereof, conformably with the- provisions of this chapter. • 1891x44. Truants may be committed to parental schools. Any child between the ages of eight and fourteen years, resid- ing within the district or districts maintaining such a school, adjudged guilty of being a habitual truant, or of wandering about in the streets and public places of said district or dis- tricts without lawful employment or business, may be com- mitted to the parental school provided for the purpose, for a term not extending beyond the age of fourteen years. 1891x45. Truant may be released. Any child committed ;is provided in the next preceding section may be released from confinement ;it such school, either conditionally or abso- lutely, before the expiration of the term of commitment, in accordance with the by-laws established by the board or boards o? education maintaining the same. 1891x46. Neglected children may be committed to paren- tal school. Children under sixteen years of age who, by reason Si? SCHOOL LAW o\' neglect, crime, drunkenness, or other vices of parents, or by reason of orphanage, are suffered to grow up without salutary parental control and education, or in circumstances encourag- ing them to load idle and dissolute lives, may be committed to the proper parental school for a term not extending beyond the age o( sixteen years. 1891x47. How discharged. When the parents of a child committed under the next preceding section have reformed and arc loading orderly and industrious lives, and are in a con- dition to exercise salutary control over such child, and to pro- vide him with proper education and employment; or when, said parents being dead, any person offers to make such suit- able provisions for the care, nurture, and education of such child as will conduce to the public welfare, the board of educa- tion may discharge him to the parents or such other person. 1891x48. District court has jurisdiction. The district courts of the several counties shall have jurisdiction within their respective counties to enforce the provisions of this chap- ter, upon such notice to the parents or guardians of the children whom it is proposed to commit to- parental schools as the court may deem just and proper. 1891x49. Parents pay cost of children in parental school. Any board or boards of education maintaining a parental school in accordance with section 1891x43, shall estimate and determine, as near as may be, the average actual ex- pense per month of keeping and taking care of the boys and girls who may be committed to the parental school, and the average cost of keeping such boys and girls shall be wholly paid by the parent or guardian of each boy or girl committed to the school, unless for good cause said board or boards of education shall otherwise order and direct. The board of education of the district in which the parent or guardian of any such committed boy or girl resides may bring suit to en- force this provision. 1891x50. Other children may be received in parental school. On the tender of a payment which will meet all costs SCHOOL LAW 83 of support at the parental school, the board or boards of educa- tion maintaining such school may receive into it on equal terms boys or girls whose residence is in the state outside the * district or districts to which the school belongs. 1891x51. Truant officer. The board of education of each county school district of the first class may appoint and fix the compensation of a truant, officer whose duty it shall be to make complaints and arrest in cases contemplated by this chapter, and to serve legal process issued by courts in pursu- ance hereof. The sheriff of the county shall make such truant officer a deputy sheriff to serve without pay. so far as the sheriff's office is concerned. 1891x52. County superintendent's office vacant in certain cases. When a county of the first class is so organized as to school districts that there are no such districts therein, other than those of cities of the first or second class and county schools districts of the first class, on the first Monday in August of any year in which there is a general election for county officers, then no county superintendent of schools shall be elected for such county at that election, and the office shall become and remain vacant for the succeeding term or terms. as the case may be, except that in the event of there being no election for county superintendent of schools in the year nine- teen hundred and six, the present incumbent shall hold office till the first day of July, nineteen hundred and seven; but the board of county commissioners shall fix the salaries therefor, as required by law, to be distributed pro rata among school superintendents in county school districts of the first class, as provided in section 1891x27, as compensation for services in whole or in part, as such compensation may be fixed by the board of education of the district, no other compensation than thai fixed by the board of county commissioners to come out of the general school fund of the county. Where there is no county superintendent of schools under the foregoing provision, then the county auditor shall make to the school districts in the county th< apportionment of school funds provided for in section eighteen hundred and sixty-seven, 84 SCHOOL LAW and thr county treasurer shall pay such apportioned funds to the school district treasurer upon the warrants of the county auditor, who shall make reporl thereof to the board of county commissioners, and to the ktate Superintendent, as provided by Law. When there is no county superintendent, the board of county commissioners shall arrange the county teachers' insti- tutes under the regulations in section seventeen hundred and ninety-three, and designate the school district superintendent id the county which shall take charge thereof. 1891x53. Registration lists to be furnished. It shall be the duty of the county clerk to furnish to boards of education in county school districts of the first class, at least five days pre- vious to the day of election for members of the said board, a certified copy of the registration list, showing the names of all registered voters residing in the election district covered by such school districts. CHAPTER 17. SCHOOLS IN CITIES. Board of Education. 1892. This chapter applicable to cities of the first and sec- ond class. Control. All cities of the first and of the second class shall be governed by the provisions of this chapter. Thf public school system therein shall be controlled by the board of education of such cities, separate and apart from the counties in which the cities are located. 1893. Each city a school district. Control. Each city subject to the provisions of this chapter, and all territory which shall hereafter be added thereto, shall constitute one school district, and public schools therein shall be free to all residents thereof between the ages of six and eighteen years of age and of children within the required age whose father, SCHOOL LAW 85 mother or guardian is a taxpayer within said district. All pub- lic schools and property therein shall be under the direction and control of the board of education. 1894. Membership of board of education. The board of education of cities of the first class shall consist of ten mem- bers, two to be elected from and by each municipal ward ; and, of cities of the second class, shall consist of five members, one tn be elected from and by each municipal ward. 1895. Election of members of board in cities of the first class. There shall be elected in cities of the first class, on the first Wednesday of December,, eighteen hundred and ninety- seven, two members of the board from each municipal ward, one for the term of one year and one for the term of three years; and in eighteen hundred and ninety-eight, and bien- nially thereafter, on the first Wednesday of December, one member from each municipal ward for the term of four years. 1896. Election of members of board in cities of the sec- ond class. There shall be elected in cities of the second class, on the first Wednesday of December, 1916, one member of. the board of education from the first municipal ward for a term of one year; one member from the second municipal ward for a term of two years; one member from the third municipal ward for a term of three years; one member from the fourth munici- pal ward for a term of four years; one member from the fifth municipal ward for a term of five years; and thereafter there shall be elected annually on the first Wednesday in Decem- ber for the term of five years, a member from the ward in which the term of a member expires. 1897. When term shall begin. Members of the board of education shall qualify previous to, and take their seats at, the first regular meeting in January next after their election, and shall serve until their successors are duly elected and final ified. 1898. Conduct of elections for members of board of edu- cation. Elections for members of the board shall be called and 86 SCHOOL LAW conducted, and the canvass of returns shall be made, and the qualification of electors shall be as provided in the general reg- istration and election laws, except as in this section here- after provided. There must be at least one voting place in each municipal ward. It shall not be necessary to file certifi- cates of Domination of candidates, nor to publish a list of nomi- nations. Appointments of judges of election shall be made by the board of education at any convenient time prior to the day of election. The board of education shall furnish the judges of election at every polling place with a sufficient num- ber of plain envelopes for election purposes and shall pay all other lawful and necessary expenses of the election. Such en- velopes shall be uniform in size and quality, without any marks, writing, printing, or device upon them; and no other kind shall be used at any election. Every voter shall designate on a single ballot, written or printed, the name of the person or persons voted for with a pertinent designation of the office to be filled. The ballot shall be folded and placed in one of the envelopes hereinbefore provided for, and shall be delivered to the presiding judge of election, who shall in the presence of the voter, on the name of the proposed voter being found on the registry list, and on all challenges to such vote being de- cided in favor of such voter, deposit it in the ballot box, with- out any mark whatever being placed upon such envelope ; otherwise the ballot shall be rejected. The board of education shall exercise all such powers relative to school elections in their respective cities as are conferred upon the board of county commissioners in other elections, so far as conformable with this title. 1899. Qualification of members of board. Vacancy. Every member of the board of education in cities of the first and of the second class shall be and remain a resident, qualified, registered voter in the municipal ward from which he is elected, and the board of education is hereby required to fill any vacancy that may occur through non-residence or any" other cause, until the next election of members of the board ; and, in case the board of education shall, for a period of thirty days after such vacancy shall occur, fail to agree upon the SCHOOL LAW 87 election of a member to fill such vacancy, then the mayor of the city, by and with the consent of the city council, shall fill such vacancy until the next election; provided, that any vacancy occurring previous to the annual election having an unexpired term shall be filled for such unexpired term at the first school election thereafter, and the ballots shall be as follows : "To fill the unexpired term _ " Organization of the board. 1900. Organization of board of education. The members elected as herein provided shall, before entering upon the discharge of their duties, take and subscribe the oath of office. In cities of the first class they shall organize by electing from their number a president and a vice-president, whose term of office shall be for two years, and until their successors are elected and qualified. In cities of the second class the member having one year to serve shall be ex-officio president and the member having two years to serve shall be ex-officio vice-president. They shall also elect a clerk and a treasurer, who shall be registered voters in the school district, and whose respective terms of office shall be two years, and until their successors are elected and qualified. 1901. Removal of officers. Any officer appointed or elected by the board of education for a specified term may be removed from his office for cause by the vote of two-thirds of the board. 1902. Board may appoint necessary officers. The board of education shall have power to appoint all other officers that in its judgment may be necessary fully to carry out the pro- visions of this chapter, for the protection and improvement of school property, and for the promotion of the interests of the schools, and remove the same at pleasure, and may require any such officer to give bonds to the board in such sum as il in,i\ prescribe. The oath of office and bond of the clerk shall be filed with the treasurer, and all others shall be filed with the clerk. SCHOOL LAW 1903. Election of superintendent. Oath and bond. At the tirsi meeting of the board in June, eighteen hundred and ninety-eight and biennially thereafter, a superintendent of schools shall be elected, who shall subscribe an oath of office, and shall enter upon his duties on the first day of July there- after. His term of office shall be two years, and until his suc- cessor shall be elected and qualified. 1904. School year. Reports. The school year shall com- mence on the first day of July annually, and close on the last day of June following: Reports. The annual reports of the president, the superintendent, and the several committees shall be presented to the board at or before the first regular meeting in August of each year. 1905. Compensation of members. Penalty. The members of the board of education shall fix the compensation to be re- ceived for their services, at a sum not to exceed one hundred dollars per annum. No members of the board of education shall take any contraet, receive appointment or perform labor for which he shall receive payment from the school funds or in any way receive compensation other than the salary herein provided. Any violation of the provisions of this section shall be deemed a misdemeanor. 1906. Annual school census. The board of education shall appoint suitable persons for each ward, who shall act as e numerators for school population for said ward and visit every house therein between the fifteenth and thirty-first days of July each year, and ascertain and enter upon the lists the name of every person between the ages of six and eighteen years residing in such ward, and also the name, age, postoffice address, and name of the parent or guardian of every deaf or dumb person over the age of five and under the age of thirty years, too deaf or dumb to receive an education in the public schools. Such enumeration lists shall contain all information SCHOOL LAW 89 required by law and such other information as the State Super- intendent and the board of education may require. 1907. Id. Report to State Superintendent. Allotment of school funds. The enumeration lists shall be filed with the clerk of the board as soon as completed, and not later than the tenth day of August. Immediately thereafter, the clerk of the board shall make out and forward to the State Superintendent a statement showing the number of children of school age residing in the district, together with all information obtained under the provisions of the next preceding section, and financial and statistical reports for the past school year, containing such items as shall be required by law or by the State Superintend- ent ; and thereupon the State Superintendent shall allot to such city or school district a proper pro rata of school funds sub- ject to allotment, and shall apportion the amount due and cer- tify the same to the board of education of said city. Duties of President. 1908. Duties of president defined. Vice-president. It shall be the duty of the president to preside at all meetings of the board, to appoint all committees, and to sign all warrants ordered by the board of education to be drawn upon the treas- urer for school moneys. Vice-president. In case of the absence or disability of the president, his duties shall be performed by the vice-president. Duties of clerk. 1909. Bond of clerk of board. Before entering upor the discharge of his duties, the clerk shall give a bond to tin- board of education of such city in such sum as said board may prescribe, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of his- duties, and shall qualify according to law. 1910. Duties and compensation of clerk. It shall he the 90 SCHOOL LAW duly o\' the clerk to attend all meetings of the board; to keep an accurate journal of its proceedings, and have the care and custody of the seal, records, and papers not otherwise provided for j to countersign all warrants drawn upon the treasurer by order of the board; to keep an accurate account of all moneys paid to the treasurer on account of said board and from what source received, and all moneys paid on orders drawn on the treasurer by order of said board; and to prepare and submit to the board an annual statement, under oath, of the receipts and disbursements during the year ending June thirtieth, which statement the board shall cause to be published in a newspaper having general circulation in said city, show- ing: 1. The amount on hand at the date of the last report; 2. The amount of sinking fund and how invested; 3. The moneys paid out, and for what paid; 4. The balance of school moneys on hand ; 5. The number, date, and amount on every bond issued and redeemed under the authority herein given, and the amount received and paid therefor. Compensation of clerk. The clerk shall perform such other duties as the board and its committees may require. He shall receive for his ser- vices such compensation as the board may determine. Duties of treasurer. 1911. Duties and compensation of treasurer. The treas- urer of the board of education shall subscribe to the oath of office and give a bond to the board with sufficient sureties and in such sum as the board may require ; said oath and bond to be approved by the board and filed with its clerk. He shall be the custodian of all moneys belonging to the corporation and responsible upon his bond for all moneys received by him as treasurer. He shall prepare and submit in writing a monthly report of the receipts and disbursements of his office, and pay out school moneys only upon a warrant signed by the presi- SCHOOL LAW 91 dent, or in his absence or disability, by the vice-president, countersigned by the clerk, and shall perform such other duties as the board may require. Compensation of treasurer. The treasurer shall receive for his services such amount as the board of education may fix and determine. The board may require the treasurer to keep his office and records in the office of the board. Powers of the board. 1912. Board of education a body corporate. Powers and duties. The board of education of any such city shall be a body corporate under the name of "The Board of Education of City" (inserting the proper name), and shall have an official seal conformable to such name which shall be used by the clerk in the authentication of all matters requiring it. Powers and duties of board. And said board, in the name aforesaid, may sue and be sued; may take, hold, lease, sell, and convey real and personal property, as the interests of the school may require. The members of the board and the clerk thereof shall have the power and authority to administer oaths in proof of claims and accounts against said corporation, and no claim or account except salaries of teachers and janitors, shall be audited or allowed by the board of education unless the correctness of the same shall be proved under oath. 1913. Powers and duties of board. The board of educa- tion shall have the power and authority to purchase or sell schoolhouse sites and improvements thereon; to construct and erect school buildings and to furnish the same; to establish, locate, and maintain kindergarten schools, common schools, consisting of primary and grammar grades, high schools, and industrial or manual training schools; to establish and support school libraries; to purchase, exchange, repair and Improve i)l> SCHOOL LAW the high school apparatus, books, furniture, fixtures and all other school supplies in said schools. It shall supply and loan to pupils iu the several grades and departments of said schools, except the high school, free of charge, all text books and sup- plies used by the pupils of said schools; it shall have the power to sell to pupils in the several grades and departments of said school, at cost, all text books and supplies used by the pupils of said schools; to collect all books and apparatus loaned to pupils of the public schools of any such city, or damages for the loss, injury or destruction of the same; to assign to the State Normal School for the purpose of instruc- tion in the practice school connected therewith, a sufficient Dumber of pupils of appropriate grades, and reimburse the State University or State Normal School for the instruction of such pupils at rates per pupil not exceeding the average cost of instruction for pupils in the public schools of the city as ascertained for each year; to do all things needful for the maintenance, prosperity and success of the schools, and the promotion of education; to adopt by-laws and rules for the procedure of the board of education, and make and enforce all needful rules and regulations for the control and manage- ment of the public schools of the city; provided, that said school boards shall purchase all books now remaining in the hands of the merchants of their respective cities, at the intro- ductory exchange price. 1914. Sale of sites and buildings. No school sites or buildings shall be sold or conveyed by the board of education, except on resolution of the board, duly adopted at a regular or duly called meeting, and not then without the affirmative vote of at least two-thirds of all the members of the board. 1915. Board has rights and duties of constituent districts. Suits by and against. Upon the election and qualification of a hoard of education for any city, the trustees of all school dis- tricts existing in said city shall convey and deliver all the school property in said districts to the board of education of said city; and the title of all such property, and all property hereafter acquired for school purposes in said city, shall be SCHOOL LAW 93 conveyed to and vested in said board of education, for the use of the district schools of said city; and all rights, claims, and causes of action to or for said property, or the use or income thereof, or for any conversion, disposition, or withholding thereof, or for any damage or injury thereto, shall at once vest in the board of education of said city, in trust for the use of the district schools of the city, and said board, in the name aforesaid, may bring and maintain actions to recover, protect, and preserve the property and rights of the district schools, and to enforce any contract relating thereto, and in its said name may sue and be sued in any court of law or equity. And all outstanding debts and obligations of any such school dis- trict shall be paid by such board of education. Board of examiners. 1916. Board of examiners, how constituted. In each city of the first and of the second class there shall be a board of examiners, consisting of a city superintendent of public schools or the superintendent-elect, and two or more other members having practical experience as teachers, residents of said city to be designated associate examiners. The associate examiners shall be elected by the board of education at their first meeting in April annually, and shall hold office for one year, but no candidate for examination as a preliminary to teaching in the public schools shall be an asso- ciate examiner. 1917. Chairman of examiners. The city superintendent of public schools, or superintendent-elect, shall be chairman of the board of examiners. 1918. Compensation of associate examiners. The asso- ciate examiners shall receive such a staled compensation per diem for services actually rendered as may be allowed them by the board of education. The chairman of the board of examiners shall certify to the correctness of claims tor ser- vices rendered by the associate examiners. 1919. Teachers' examination. Special meetings. Record. 94 SCHOOL LAW The board of examiners shall meet and hold examinations for the granting of teachers' certificates on such occasions only as may be authorized by the board of education. Special meetings. Special meetings, not for the purpose of conducting exam- inations, may be called by the chairman, when, in his judg- ment, the same are necessary. Record. A record of the proceedings of the board of examiners shall be kept in the office of its chairman and at all times be open for the inspection of the board of education ; and such portions of it as may concern any candidate for a certificate, shall be open for the inspection of such candidate or his au- thorized representative. # 1920. Power of board of examiners. Issue, renewal, and revocation of certificates. The board of examiners shall have power : 1. To adopt rules and regulations, not inconsistent with the laws of the State or the rules of the board of education, for its own government and for the examination of teachers, and to fix standards of proficiency for the granting and renewing of certificates, either heretofore or hereafter issued, subject to the approval of the board of education. Questions. 2. To prepare questions on the various subjects pre- scribed by law, and examine by written or oral examination all candidates for any of the following certificates: On high school certificate. First — A city high school certificate, valid for one year only, unless renewed, and authorizing the holder to teach or serve as principal in any primary, grammar, or high school in such city. SCHOOL LAW 95 On grammar certificate. Second— A city grammar certificate, valid for one year only, unless renewed, and authorizing the holder to teach in any primary or grammar school, or serve as principal in any primary school, in such city. On primary certificate. Third — A city primary certificate, valid for one year only, unless renewed, and authorizing the holder to teach in any primary school in the city. Report to school board. The board of examiners shall report the result of all exam- inations to the board of education, who, through the president and clerk thereof, shall issue to the successful candidates the certificates to which they are entitled. Renewal of certificate. 3. To recommend to the board of education the renewal of the various renewable certificates, in accordance with such regulations as they may adopt, or as may be prescribed by the board of education; whereupon said board of education, through its president and clerk, may renew such certificates from year to year. Revoking certificate. 4. For immoral and unprofessional conduct, profanity, intemperance, or evident unfitness for teaching, to recom- mend to the board of education the revocation of any certifi cate previously granted by said board of education. Temporary certificate. 5. In case of necessity, to grant, by the chairman of the board of examiners, temporary certificates to teachers of ex- perience of whose ability to pass the regular examination 96 SCHOOL LAW I here is no doubt ; provided, that such temporary certificate shall be valid only until the next regular examination, and un- der no circumstances shall be issued more than once to the same person. Certificates. 1921. Qualifications of applicant for certificate. No certif- icate of permission to teach shall be issued to any person not eighteen years of age. No certificate shall be granted to any person whose moral character or habits are known by the board of examination, or by the board of education to be bad, or who is afflicted with a serious infectious or hereditary, disease. 1922. Certificates granted only after examination. No certificate shall be granted by the board of education or upon its authority, except to successful candidates in a regular or special examination conducted by the board of examiners in accordance with the provisions of law. 1923. Examination for grammar and primary certificates. City, primary and city grammar certificates shall be granted only to applicants who are found, upon examination, to have a practical knowledge of pedagogics and school management, and to be proficient in and qualified to teach the following branches, namely: reading, writing, spelling, English gram- mar, geography, arithmetic, physiology and hygiene, United States history, and such other English branches as the board of education may prescribe ; provided, that the examination of applicants for such certificates shall be specially adapted to discover their fitness to teach all the branches named to pupils of primary or grammar grades respectively. 1924. High school certificate. Id. City high school certifi- cates shall be granted only to applicants who pass satisfac- torily the examination required for grammar certificates, and, in addition thereto, sustain a satisfactory examination in civil government, physical geography, elementary physics, elemen- SCHOOL LAW 97 tary algebra, botany, and such other branches as the board of education may prescribe. 1925. Teachers exempt from examination. Holders of normal diplomas and certificates issued after March first, eigh- teen hundred and ninety-two. by the University of Utah, and holders of state diplomas or state certificates, shall be exempt from all further examinations during the term of validity of such certificates as provided by law. Teachers engaged in the exclusive teaching of music, foreign languages, drawing, pen- manship, kindergarten, and physical culture, shall be exempt from all examinations except such as pertain to the special departments over which they may preside. 1926. Special certificates. Special certificates shall be granted only to applicants who pass satisfactorily an examina- tion in a special or departmental subject (such as music, for- eign language, drawing, penmanship, kindergarten, physical culture, etc.), and such other subjects as are calculated to dis- cover applicants' fitness to teach in public schools. Text books. 1927. Board to select text books. In each city of the first and of the second class the board of education shall decide' what text books shall be adopted in all public schools of the city, and their use shall be mandatory therein, for the period of five years thereafter. 1928. Notice to publishers. The board of education shall give notice at least sixty days prior to the expiration of any contract regulating the supply and use of text books in such city, by publication in a newspaper having a general circula- tion in this State, of its intention to adopt text books for the pnblie schools of the city, calling for bids and terms Erom pub- lishers of text books for schools, stating approximately tin- number and kind of books required; that separate and sealed proposals will be reeeived by the board of education Cor fur- nishing each kind of book ; the place where, and the day and hour when, all proposals will he opened, and that the board 98 SCHOOL LAW reserves the right to reject any and all proposals or any part thereof. 1929. Opening- bids. At the time and place specified in said notice, the board shall meet and publicly open and read all the proposals which shall have been received, and shall make their decision within thirty days thereafter. 1930. Samples and prices on books. Sealed proposals must be accompanied with sample copies of the books pro- posed to be furnished, together with a statement of the intro- ductory or exchange price and of a wholesale and a retail price, at which the publisher agrees to furnish each book within the city during the full time that may be required by the board of education. 1931. Unsatisfactory proposals. If no satisfactory pro- posals are received, the board, in its discretion, may advertise anew, and the books in use shall be continued in use until satisfactory proposals shall have been received and accepted. 1932. Contract with successful bidder. Bond. The pub- lisher or publishers whose proposals shall be accepted must enter into a written contract with the board of education, and shall give a bond with two sufficient sureties in a reasonable sum, to be fixed by the board, for the faithful performance of such contract. City school tax. 1933. School property exempt from taxation and execu- tion. All property, real and personal, held by the board of education shall be exempt from. general and special taxation, and from all local assessments for any purpose, and shall not be taken in any manner for debt. 1934. City one taxation district. For purposes of taxa- tion the whole city shall constitute one school district. 1935. Distribution of State funds to cities. All cities or- ganized under the provisions of this chapter shall receive their SCHOOL LAW Certificate of county clerk. I certify that the within bond is issued in accordance with law, and is within the debt limit permitted by the Con- stitution and laws of the State of Utah, and in accordance with a vote of the taxpayers of school district of county. State of Utah, at an election held on the : day of. , 19 , authorizing bonds to the amount of ._ dollars. Signature and Entry. They shall be signed by the president and clerk of the hoard of education, and countersigned by the treasurer thereof, and there shall be entered in a book to be kept by the clerk for that purpose, the number, date, and denomination of the bonds sold, and the date when the same shall become due. 1947. Sale of bonds. Use of proceeds. Whenever any bonds are issued under the provisions of this chapter the board of education shall have authority to negotiate and sell such bonds to the highest bidder. No contingent bid shall be re- ceived, and every bid shall be accompanied by a certified check of five per cent as a forfeit, payable to. the order of the board of education. The board may reject any or all bids. The pro- SCHOOL LAW 105 ceeds shall be used exclusively for the purpose for which they are issued. 1948. Redemption and cancellation of bonds. Refunding. Whenever any of the bonds of a school district shall have been redeemed or purchased by the board of education, they shall be canceled by writing or printing in red ink across each bond and coupon the words, "Paid and canceled;" and the date of payment and amount paid shall be entered in the clerk's register against the number of the bond, and the bond and coupons so canceled shall be filed in the office of the clerk of the board and preserved in a book to be kept for that pur- p se. Refunding bonds. Any bond or bonds heretofore or hereafter issued by any board of education or school district may be refunded at any time by such board or school district when a lower rate of in- terest or better terms can be obtained, and the provisions here- of as to elections shall not apply. 1949. Annual levy for interest and sinking fund. The board of education, in its annual estimate and levy provided for in this Chapter, shall include an amount sufficient to pay the interest as the same accrues on all outstanding bonds is- sued by the board, and also to create a sinking fund of two per cent of the par value of outstanding bonds for the redemption of said bonds, and shall cause a tax to be levied and collected as provided for in this Chapter, and such money shall remain a specific fund, and shall not be appropriated or used for any other purpose than is hereinafter provided. 19-50. Sinking fund, investment of. The moneys Levied and collected for creating a sinking fund for the redemption of the bonds issued by the board of education shall be used as follows: After retaining an amount sufficient to pay the prin- cipal of the bonds maturing during the year, the hoard shall. with the surplus of the sinking fund, invest the same in bonds of the State of Utah, or of any sel 1 district, town. city, or L06 SCHOOL LAW county thereof, or of the United States, on the best terms to be obtained, until such time as it may needed to purchase any outstanding bonds that may be offered, or until the maturity of any such bonds. 1951. Bonds a lien on taxable property. Bonds issued un- der the provisions of this title shall be a lien upon taxable property of the school district issuing them, and when the board of education neglects or refuses to levy a tax in accord- ance with law to meet the outstanding bonds or the interest thereon, the board of county commissioners of the county within which such district is situated, shall levy such tax and apply the money thus collected to the payment of such bonds and the interest due thereon. 1952. Advertisement for bids for construction of build- ings. Award. Contract. When board may erect. AVhenever any schoolhouse is to be built, the board of education shall ad- vertise for at least ten days in some newspaper published in the city for sealed proposals for building such schoolhouse in accordance with the plans and specifications, which shall be furnished by the board of education at its office or at the office of the architect, stating in such advertisement or notice the place where, and the day and hour when, all proposals will be opened, and reserving the right to reject any and all pro- posals, and shall require a certified check of not less than five per cent of the amount of the bid to accompany the same, which check shall be made payable to the order of the board of education, and the check of the successful bidder shall be forfeited injcase he fails or refuses to enter into the contract and furnish the bond required. Opening bids. At the time and place specified in said notice, the board shall meet and publicly open and read all the proposals which have been received, and if satisfactory bids have been received shall award the contract to the lowest responsible bidder, and shall require of such bidder or contractor a bond in one-half the amount of the contract, conditioned that he will properly SCHOOL LAW 107 perform its conditions in a faithful manner and in accordance with its provisions. Advertising Anew. In case none of the proposals are satisfactory, all shall be rejected, and said board shall advertise anew in the same man- ner as before, and may require in the contract to be executed that at least twenty per cent of the contract price may be with- held until the building is completed and accepted by the board. Board may erect buildings. But if after twice advertising, as provided herein, no satis- factory bid is received, the board may proceed under its own direction to erect the building required, or in case of a build- ing not exceeding five thousand dollars in cost, if no satisfac- tory bid is received at the first notice, the board may proceed with the construction as it may determine. Parental Schools. 1953. Board of education may establish parental schools. The board of education of any city of the first or of the second class, or the boards of education of any two or more such cities. under a contract to be approved by each of such boards, may provide for the establishment and maintenance of parental schools, and for the support a hid education of the inmates thereof, conformably with the provisions of this Chapter. 1954. Habitual truants to be committed. Any child be- tween the ages of eight and fourteen years, residing within the city or cities maintaining such a school, adjudged guilty of be- ing a habitual truant, or of wandering about in the streets and public places of said city or cities, without lawful employment or business, shall be committed to the parental school provided for the purpose, for a term not extending beyond the age of fourteen years. 1955. Id. Release. By-laws. Any child committed as provided in the next preceding section may be released from 108 SCHOOL LAW confinement at such school either conditionally or absolutely. before the expiration of the term of commitment, in accordance with the by-laws established by the board or boards of educa- tion maintaining the same. 1956. Committing children without parental control. Children under sixteen years of age, who, by reason of neglect, crime, drunkenness, or other vices of parents, or by reason of orphanage, are suffered to grow up without salutary parental control and education, or in circumstances encouraging them to lead idle and dissolute lives, may be committed to the proper parental school for a term not extending beyond the age of sixteen years. 1957. Id. Discharge. When the parents of a child com- mitted under the next preceding section have reformed and are leading orderly and industrious lives, and are in a condition to exercise salutary control over such child, and to provide him with proper education and employment; or when, said parents being dead, any person offers to make such suitable provision for the care, nurture, and education of such child as will con- duce to the public welfare, the board of education may dis- charge him to the parents or other such person. 1958. District courts have jurisdiction. The district courts of the several counties shall have jurisdiction within their respective counties to enforce the provisions of this Chap- ter, upon such notice to the parents or guardians of the chil- dren whom it is proposed to commite to parental schools, as the court may deem just and proper. 1959. Expense of parental schools, how paid. Any board or boards of education maintaining a parental school in ac- cordance with Section nineteen hundred and fifty-three shall estimate and determine, as near as may be, the average actual expense per month of keeping and taking care of the boys and girls who may be committed to the parental school, and the average cost of keeping such boys and girls shall be wholly paid by the parent or guardian of each boy or girl committed to the school, unless for good cause said board or boards of SCHOOL LAW 109 education shall otherwise order and direct, The board of edu- cation of the city in which the parent or guardian of any such committed boy or girl resides may bring suit to enforce this provision. 1960. Admission of pupils from outside of city. On the tender of a payment which will meet all costs of support at the parental school, the board or boards of education maintaining such school may receive into it on equal terms boys or girls whose residence is in the State outside the city or cities to which the school belongs. 1961. Truant officer. Compensation. The board of edu- cation of each such city may appoint and fix the compensation of a truant officer, whose duty it shall be to make complaints and arrests in cases contemplated by this Chapter, and to serve legal process issued by courts in pursuance hereof. The police authorities of the city shall make such truant officer a special policeman. CHAPTER 18. GENERAL PROVISIONS. Compulsory attendance. 1962. What children must attend and for how long. Exceptions. Every parent, guardian, or other person hav- ing control of any child between right and sixteen years of age, shall be required to send such child to a public, district, or private school in the district in which he resides. ;it leasl twenty weeks in each school year, ten weeks of which shall he consecutive; provided, that in cities <>!' the first and of the sec- ond class and children shall he required to attend school at least thirty weeks in each scl 1 year, ten of which shall he con secutive; provided, that in each year such parent, guardian, or other person having control of any child shall he excused Erom 110 SCHOOL LAW such duty by the school board of the district or the board of education of the city, as the case may be, whenever it be shown to their satisfaction thai one of the following reasons exists: 1. That such child is taught at home in the branches pre- scribed by law for the same length of time as children are re- quired by law to be taught in the district school. 2. That such child has already acquired the branches of learning taught in the district schools. 3. That such child is in such physical or mental condi- tion (which may be certified by a competent physician if re- quired by the board) as to render such attendance inexpedient or impracticable. If no such school is taught the requisite length of time within two and one-half miles of the residence of the child by the nearest road, such attendance shall not be enforced. 4. That such child is attending some public, district, or private school. 5. That the services of such child are necessary to the support of a mother or an invalid father. The evidence of the existence of any of these reasons for non-attendance must be in each case sufficient to satisfy the superintendent of the county or city in which the child re- sides; and the superintendent, upon the presentation of such evidence, shall issue a certificate stating that the holder is ex- empted from attendance during the time therein specified. 1963. Penalty. Any such parent, guardian, or other person having control of any child between eight and sixteen years of age, who wilfully fails to comply with the requirements of the next preceding section, shall be guilty of a misde- meanor. 1964. Id. Inquiry into violations of school law. It shall be the duty of the president of the board of education of any city, and the chairman of the school trustees of any district, within their respective jurisdictions, to inquire into all cases of misdemeanor defined in this title, and to report the same and the offenders concerned, when known, to the city or county attorney of the city or county within which the offenses shall SCHOOL LAW HI have been committed, and it is hereby made the duty of either of said officers to proceed immediately to prosecute such of- fenders. 1965. Incorrigible children. Sent to industrial school. All children in the district between the ages of eight and six- teen years, who. in defiance of earnest and persistent efforts on the part of their parents or teachers, are habitual truants from school or while in attendance at school are vicious, immoral, or ungovernable in conduct, shall be deemed incorrigible, and it is the duty of the president of the board of education or the chairman of the board of trustees of each school district to in- quire into all cases within his district, and report them to the county attorney acting for such district, whose duty it shall be to presoeute such cases as incorrigibles and fit candidates for, the State industrial school. 1965x. American flag displayed. When. It shall be the duty of the board of education or school trustees of all school districts within the cities and counties of this State to provide each school house or the grounds thereof with a suit- able flag-pole, and to cause the American flag to be displayed thereon during the daylight hours of every legal holiday. Feb- ruary 12th, and the "Flag Day" of cadi year. CHAPTER 19. SETTLEMENT BETWEEN SCHOOL DISTRICTS ANT) CITIES. 1965x1. When annexed to a city of the first, second or third class. AVhen all the territory of a school district shall become annexed to a city of the first, s »nd, or third class, by the extension of the boundaries of the city, .-ill the school property, including moneys od hand and due to the said district, together with all records and papers belonging to said district shall he transferred to, and the title vested in, the 11:2 SCHOOL LAW board of education of such city, and said board of education shall assume and be held responsible for the legitimate floating and bonded indebtedness of said annexed district. 1965x2. Annexation by extension of city limits. When, by the extension of the limits of any city of the first, second, or third class, a part of the territory of an adjacent school district is annexed to such city, it shall be the duty of a board, consisting of the State Superintendent of Public Instruc- tion, the city superintendent of schools, the county superin- tendent of schools, or, in county school districts of the first class, the district superintendent of schools, to determine the present value of the school property of such district, also all moneys due to, or in the hands of, the district treasurer, and to equitably apportion the amount due the district board, or the board of education, of such city, as the case may be. The amount due to the district board, or board of education of such city, when ascertained by the said board, shall, if there be not sufficient funds in the hands of the treasurer to pay such indebtedness, be levied upon the taxable property of that district or corporation found to be in debt, and shall be col- lected in the same manner as if the same had been authorized by the vote of the district board, or by the board of education of such city, and when collected it shall be paid to the treas- urer of that district or board of education of such city to which it is due. The board of education or the district re- taining the school house shall assume the bonded indebtedness incurred in the building and furnishing of such schoolhouse. 1965x3. Unadjusted claims. All unadjusted claims of cities and school districts arising from such annexation pre- vious to March 14, 1907, shall be adjudged in accordance with the provisions of this Chapter. SCHOOL LAW 113 CHAPTER 20. KINDERGARTENS. 1966. Board may maintain kindergartens. Teachers. School boards may establish and maintain kindergartens in their several districts, open to children resident therein be- tween the ages of four and six years. The cost thereof may be paid in whole or in part out of the school funds of the district. Kindergartens established under the provisions of this section shall be subject to the control of the school boards of the re- spective districts in which they are maintained. Teachers. Teachers for said schools, unless holding a certificate of efficiency in kindergarten work granted by the state normal school, shall be required to sustain a special examination re- lating to the principles and practice of the kindergarten, such examination to be conducted under the direction of the State Board of Education. 1966x. Kindergartens provided for. All school dis- tricts of a population of two thousand and upwards shall hereafter establish and maintain one or more kindergartens in said school district, open to children resident therein between the ages of four and six years. Said kindergartens must be established within four years after March 16, 1903. The cost of maintaining such kindergartens shall com< out of the district school fund of the respective districts. CHAPTER 91. RETIREMENT OF PUBLIC SCHOOL TEACHERS. sion Laws 1913. Section 1. Board of Education to authorize organization of Retirement Commission. When. Temporary organiza- 114 - SCHOOL LAW tion. Upon the written request of a majority of the teachers employed in the public schools of any city of the first class or of the state at large, outside of cities of the first class, the board of education of any such city or the state board of education shall authorize the organization of a public school teachers' retirement commission. In such petition in cities of the first class there shall be designated three per- sons, and in the state at large, eleven persons to serve as mem- bers of the retirement commission, who, in each case, shall serve until the first election after the retirement commission is organized, and until their successors are elected and quali- fied. Sec. 2. In cities of the first class. Membership of commis- sion. Term. In cities of the first class the said commission shall be composed of seven members; three members to be elected from the retirement association by the members there- of, whose terms shall be for three years ; the superintendent « of city schools, the clerk of the board of education, and two members to be elected by the board of education from their number, whose terms shall be two years. In all cases the terms of office shall be from the first Monday in February fol- lowing the election. Sec. 3. State Commission. Membership. How selected. Term. Such commission in the state at large shall consist of fifteen members : the State Auditor, the State Treasurer, the State Superintendent of Public Instruction and Attorney Gen- eral shall be members of such commission. Eleven members shall be elected from the retirement association by the mem- bers thereof. At the first election five members shall be elected for a term of two, and six for a term of four years, and there- after elections shall be for a term of four years. Such elec- tion shall be held in even numbered years in Salt Lake City. at such time and place as may be designated by the State Superintendent of Public Instruction. A written notice of such election shall be given to each member of the association at least ten days before the date of the election. SCHOOL LAW 115 Sec. 4. Election of Members of City Commission. How. In cities of the first class the members of the retirement com- mission who are chosen by the teachers shall be elected at a meeting called by the superintendent of city schools, who shall cause each teacher who is a member of the association to be notified in writing of the time and place of such election, such notice to be given at least ten days before the election. Sec. 5. Officers to qualify. Oaths. Vacancies. The com- missioners and officers of the retirement commission shall qual- ify by taking and subscribing to the oath of office, which in cities of the first class, shall be filed with the clerk of the board of education, and in the state at large, with the Secretary of State. In case of a vacancy in the elective membership of said commission, the vacanev shall be filled until the next election by the commission choosing a member from the body that elected the outgoing member. Sec. 6. Organization. Clerk. Treasurer. Bond. The re- tirement commission shall organize by electing from their number a president and a vice-president. In cities of the first class the clerk of the board of education shall be clerk of such commission and the treasurer of the board of educa- tion shall be treasurer of such commission. In the state at large the State Auditor shall be clerk of the commission and the State Treasurer shall be treasurer of the commission. The commissioners and officers shall serve without compensation. The bond given by the treasurer of the board of education and the State Treasurer shall be liable for the safe-keeping of the funds of the commission. Sec. 7. Meetings. Records. Annual report. The retiremenl commission shall meet at least once each year and shall keep a record of all its proceedings and a record of all money received and paid out, all of which records shall be open for public in- spection. It shall also make an animal financial report showing the moneys received and disbursed, a copy of which report shall be printed and delivered to each member of the association. 116 SCHOOL LAW Sec. 8. Funds — two classes. The funds of the retire- ment association shall be of two classes: (a) Permanent, and (b) Current Fund. The treasurer shall pay out money only on warrants signed by the president and clerk of the Commis- sion, and shall have charge, under the direction of the commis- sioners, of the investment and management of the permanent fund, and such of the current fund as shall not be required to pay benefits, but such funds shall be invested only in State, county, school district or municipal bonds. Sec. 9. Membership ; how secured. When a board of retire- ment commissioners has been duly organized in any city of the first class, or the State at large, the city superintendent of schools or the State Superintendent of Public Instruction, who has charge of said city or state schools, shall cause each teacher within said city or State to be notified of the fact, and each teacher shall, within thirty days thereafter, reply in writing, accepting or declining membership in said retirement associa- tion. In case a teacher declines to become a member, he or she may become a member thereafter only by a two-thirds vote of all the commission and payment of all back dues, being one per cent of such teacher's salary, not to exceed a maximum of twelve hundred dollars annually, dating from the organization of said retirement association, together with five per cent interest annually thereon. All new teachers ac- cepting employment under the board of education or trustees in any district subsecpient to the organization of a retirement iissoeiation within the city or State shall contract and agree to the provisions governing membership in said association. Such agreement shall become a part of the teacher's acceptance. Sec. 10. Source of income. The income of the Public School Teachers Retirement Association shall be from the fol- lowing sources: (a) All teachers who are in the employ of the board of education or of a school district at the time of the organization of said retirement association and who have become members thereof, and all new teachers entering the employment of the board of education or of a school district, shall have de- SCHOOL LAW 117 ducted from each and every pay roll, in payment for services, one per cent of the face of said pay roll, and the amount of said deduction shall be certified and paid by the clerk of the board of education or of the school district or the disbursing officer of an educational institution, monthly to the treasurer of the association, if teachers are paid monthly, otherwise at the period of payments, provided that an annual salary of $1200 shall be the maximum salary on which dues shall be paid and if any teacher shall receive a salary in excess of such sum then the deduction shall be made on $1200 only. (b) All amounts deducted from teachers' salaries on ac- count of absence through sickness, not to exceed five days in any one year for a teacher; all deductions belonging to this fund shall be certified to monthly, by the board of education or board of trustees and paid to the treasurer of the associa- tion, if teachers are paid monthly, otherwise at the period of payments. (c) All moneys received from donations, legacies, be- quests or otherwise or on account of said fund. Sec. 11. Current fund. Permanent fund. The first two sources of income, viz., (a) and (b), shall constitute the cur- rent fund, and the third source, viz., (c) shall constitute the permanent fund, unless specifically stipulated for the current fund in the donation, legacy, gift, or bequest. No portion of the permanent fund shall be available for current expenditure, but the interest thereon shall become a part of the current fund. Sec. 12. Two classes of beneficiaries. There shall be two classes of beneficiaries under tin- retirement fund. viz.. Class ''A" and Class "B." Cbiss A. On the recommendation of the retirement com- mission, the board of education of the city or State Bhall have power by a two-thirds' vote to retire any member of the association who is mentally or physically incapacitated for the performance of duty; provided, said teacher has taughl in the city or State at least ten years and his or her term <>f 118 SCHOOL LAW service shall aggregate thirty years, except as hereinafter pro- vided, whether before or after, or partly before or after, the passage of the act. Each teacher so retired shll be entitled to receive as pension an annuity equal to one-half of the aver- age annual salary drawn by said teacher for the five years preceding retirement, but in case his or her years of teaching shall not aggregate thirty years, but shall aggregate at least twenty years, he or she may be temporarily retired and shall be entitled to such a part of the annuity as his or her years of service are a part of thirty. Any teacher who has been re- tired under this class and who recovers his or her mental or physical powers sufficiently to teach or earn a livelihood in some other manner, in the opinion of a physician selected by the retirement commissioners, shall cease to draw an annuity under this classification. If such teacher does not recover before reaching the age of sixty, then he or she shall be trans- ferred to Class B. Class B. Any member of the retirement association who has taught thirty years, one-third of which time has been in the city or State in which the retirement association is located and who has reached the age of sixty years, shall, upon his or her request, or upon the recommendation of the retirement commission and a two-thirds vote of the board of education of the city or State, without option be placed upon the retired list, and shall be entitled to an annuity equal to one-half of the average annual salary of the five years preceding retire- ment. Provided, that the maximum annuity paid to any teacher under either Class A or B shall not exceed $600.00. Sec. 13. Id. Delinquent dues to be deducted. Transfer or continuation of membership. Any teacher who is retired under the provisions of either Class "A" or "B" and who at the time of retirement has not paid into the retire- ment fund a sum equal to one per cent of the entire salary received for the previous years of service claimed, not to ex- ceed a maximum of twelve hundred dollars annually, shall have such an amount deducted from his or her annuity as shall equal the amount still due. This deduction may, in the SCHOOL LAW H9 discretion of the retirement commissioners, be distributed over a period not to exceed three years. Any teacher who is a member of a retirement association in the State of Utah, and who accepts employment in a district outside of the bounds of his or her association shall, within thirty days thereafter, elect in which of two ways he or she prefers to continue his or her membership : 1. A transfer of membership, or 2. An absent membership. If the first mentioned is selected, the clerk of the commis- sion shall fill out on a proper form a report covering the neces- sary data concerning said teacher, which report, with the one- half of the amount of money paid into the fund by or on ac- count of said teacher, shall be accepted by any commission within the State as the complete record and payment of back dues of such teacher. If the second method is chosen, a teacher may continue his or her membership by voluntarily sending annually to the clerk of the commission the one per cent of his or her salary as certified to by the clerk of the board where he or she is employed, not to exceed a maximum of twelve hundred dollars annually. Sec. 14. Estate entitled to refund. In case of the death of a member of the retirement association before retirement, leaving relatives dependent upon him or her, the estate of said teacher shall be entitled to a refund of the total amount paid into said fund by said teacher. Or if the estate has not sut'ii cient funds to pay the funeral expenses, then such expenses shall be paid by the retirement commission, not exceeding the amount paid to the association by such teacher. Sec. 15. Insufficient funds. If at any time the funds of the retirement association are not sufficient to meet the annuities and refunds hereinbefore specified, each annuitant and claimant shall be paid pro rata his or her proportion of the funds that are available. Sec. 16. Definition oi terms. The term "teacher." as 120 SCHOOL LAW used throughout this act, with reference to cities of the first class, shall include superintendents, supervisors, principals, and teachers, in the employ of boards of education thereof, and as used with reference to the State at large, shall include presidents of faculties, superintendents, professors, instruc- tors, superviors, principals and teachers employed in the pub- lic school system of the State outside of cities of the first class, and the term "board of trustees" shall include the board of control of any institution of learning in the public school system. Sec. 17. Rules and by-laws. The retirement commission is empowered to adopt such rules and by-laws for the carrying out of the provisions of this act as are in harmony with its intents and purposes. Sec. IS. Repeal. Proviso. That chapter 21 of title 66, of the Compiled Laws of Utah, 1907, be, and the same is hereby repealed; but all retirement associations and commissions or- ganized under the provisions of said chapter are continued under this act. CHAPTER 60. STUDY OF THE HABITS OF BIRDS. Session Laws, 1913. Section 1. Habits of birds, etc., to be observed in schools. Bird Day established. It shall be the duty of the Board of Education or school board of every school district within this State to cause to be observed in the schools, the last Friday in April of each year as Bird Day, w T ith appropriate lessons and exercises relating to the observation, the study and the value of birds and other forms of animal life, particularly as aids in the extermination of insects, weeds and other pests.' SCHOOL LAW 121 Extracts from the Constitution of the State of Utah. ARTICLE X. EDUCATION. Section 1. Free non-sectarian schools. .. The legislature shall provide for the establishment and maintenance of a uni- form system of public schools, which shall be open to all chil- dren of the State, and be free from sectarian control. Sec. 2. Public school system. Maintenance. The public school system shall include kindergarten schools, common schools, consisting of primary and grammar grades, high schools, an agricultural college, a university, and such other schools as the legislature may establish. The common schools shall be free. The other departments of the system shall be supported as provided by law; provided, that high schools may be maintained free in all cities of the first and second class now constituting school districts, and in such other cities and districts as may be designated by the legislature. But where the proportion of school moneys apportioned or accruing to any city or district shall not be sufficient to maintain all the free schools in such city or district, the high schools shall bi supported by local taxation. Sec. 3. Declaring What Shall Constitute the State School Fund, and Providing for the Apportionment of High School Funds. The proceeds of all lands that have been or may be granted by flic United States to this State, for the support of the common schools; the proceeds of ;ill property thai may accrue to the State b\ eseliejit or for l'c it ii re .■ all unclaimed shares and dividends of any corporation incorporated \\\\(\cv the laws of this State; the proceeds of the sale of timber, min- 122 SCHOOL LAW rial or othi'r property from school and State lands, other than those granted for specific purposes; and five per centum of the net proceeds of the sale of public lands lying within the state, which shall be sold by the United States, subsequent to the admission of this State into the Union, shall be and remain a perpetual fund, to be called the State School Fund, the interest of which only, together with such other means as the Legisla- ture may provide, shall be distributed among the several school districts according to the school population residing therein. Provided, That all funds derived from any State tax for high schools shall be apportioned among the several cities and school districts according to the attendance at the high schools there- in ; but no city or district shall be entitled to any part of the fund derived from the State tax for high school unless the high school therein is maintained upon the standard and for tne period during the year that may be fixed by the state board of education. (Amendment adopted November 8th, 1910.) Sec. 4. University and Agricultural College located. The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments' heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively. Sec. 5. Permanent funds. The proceeds of the sale of lands reserved by an act of Congress, approved February 21st, 1855, for the establishment of the University of Utah, and of all the lands granted by an act of congress, approved July 16th, 1894, shall constitute permanent funds, to be safely in- vested and held by the State ; and the income thereof shall be used exclusively for the support and maintenance of the dif- ferent institutions and colleges, respectively, in accordance with the requirements and conditions of said acts of Congress. Sec. 6. Separate control of city schools. In cities of the first and second class, the public school system shall be con- trolled by the board of education of such cities, separate and apart from the counties in which said cities are located. SCHOOL LAW 123 Sec. 7. School funds guaranteed by state. All public school funds shall be guaranteed by the State against loss or diversion. Sec. 8. State board of education. The general control and supervision of the public school system shall be vested in a state board of education, consisting of the superintendent of public instruction, and such other persons as the legislature may provide. Sec. 9. Text books. Neither the legislature nor the state board of education shall have power to prescribe text books to be used in the common schools. Sec. 10. Institutions for deaf, dumb and blind. Institu- tions for the deaf and dumb, and for the blind, are hereby established. All property belonging to the school for the deaf and dumb, heretofore connected with the University of Utah, shall be transferred to said institution for the deaf and dumb. All the proceeds of the lands granted by the United States, for the support of a deaf and dumb asylum, and for an institution for the blind, shall be a. perpetual fund for the maintenance of said institutions. It shall be a trust fund, the principal of which shall remain inviolate, guaranteed by the state against loss by diversion. Sec. 11. Metric system. The metric system shall be taught in the public schools of the state. Sec. 12. No religious or partisan tests in schools. Neither religious nor partisan test or qualification shall be required of any person as a condition of admission, as teacher or student, into any public educational institution of the State. Sec. 13. Public aid to church schools forbidden. Neither the legislature nor any county, city, town, school district or other public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, eollege, uni- versity, or other institution, controlled in whole, or in part, by any church, sect or denomination whatever. 124 SCHOOL LAW ARTICLE 13. Sec. 7. Fixing the Rate of Taxation for State Purposes, Apportioning Same and Creating a High School Fund. The rate of taxation on property for State purposes shall never exceed eight mills on each dollar of valuation to be appor- tioned as follows : Not to exceed four and one-half mills on each dollar of valuation for general State purposes; not to ex- ceed three mills on each dollar of valuation for district school purposes; not to exceed one-half mill on each dollar of valua- tion for high school purposes; that part of the state tax ap- portioned to high school purposes shall constitute a fund to be called the "high school fund" and shall be apportioned to the cities and school districts maintaining high schools in the man- ner the legislature may provide. And whenever the taxable property within the State shall amount to four hundred mil- lion dollars, the rate shall not exceed five mills on each dollar of valuation ; unless a proposition to increase such rate, specify- ing the rate proposed and the time during which the same shall be levied, be first submitted to a vote of such of the qualified electors of the State as, in the year next preceding such elec- tion, shall have a property tax assessed to them within the State, and the majority of those voting thereon shall vote in favor thereof, in such manner as may be provided by law. (Amendment adopted November 8th, 1910.) ARTICLE 14 Sec. 4. Fixing the limit of indebtedness of counties, cities, towns and school districts. When authorized to create indebt- edness as provided in section 3 of this article, no county shall become indebted to an amount, including existing indebtedness exceeding two per centum. No city, town, school district or other municipal corporation, shall become indebted to an amount, including existing indebtedness, exceeding four per centum of the value of the taxable property therein, the value SCHOOL LAW 125 to be ascertained by the last assessment for State and county purposes, previous to the incurring of such indebtedness; ex- cept that in incorporated cities the assessment shall be taken from the last assessment for city purposes; provided, that no part of the indebtedness allowed in this section shall be in- curred for other than strictly county, city, town or school dis- trict purposes ; provided further, that any city of the first and second class when authorized as provided in Section three of this article, may be allowed to incur a larger indebtedness, not to exceed four per centum and any city of the third class, or town, not to exceed eight per centum additional, for supplying such city or town with water, artificial lights or sewers, when the works for supplying such water, light and sewers, shall be owned and controlled by the municipality. (Amendment adopted November 8th, 1910.) 126 SCHOOL LAW Extracts from the Compiled Laws of Utah. CHAPTER 11. UNIVERSITY. 2290. General powers. The name of the University or- ganized under an act approved February twenty-eighth, eigh- teen hundred and fifty, and laws amendatory or supplementary thereto, shall hereafter be University of Utah, and by this name it is constituted and continued a body corporate, with perpetual succession. It may have and use a corporate seal, and by the aforementioned name may sue and be sued, and contract and be contracted with. It is vested with all the property and franchises of, and shall be subject to all the con- tracts, obligations, and liabilities of, the former corporation. 2291. Id. It may take and hold by purchase, gift, de- vise, or bequest, real and personal propetry required for its uses. It may also convert property received by gift, devise, or bequest, and not suitable for its uses, into other property so available, or into money. It shall be deemed a public corpora- tion, and shall be subject to the laws of this state, existent or hereafter enacted, relating to its purposes and government. Its property shall be exempt from all taxes and assessments. 2292. Highest branch of public educational system. The University, until otherwise provided for by law, shall be the highest branch of the system of public education. As far as practicable its courses and methods shall be arranged to sup- plement the instruction of the subordinate branches of such system, with a view to afford a thorough education to stu- dents of both sexes in the arts, the sciences, literature, and the civil professions, including engineering; but the Univer- sity must not include in its courses, agriculture, except ele- mentary agriculture as is or may be prescribed in the normal SCHOOL LAW 127 course, horticulture, animal industry, veterinary science, do- mestic science and art, except as is or may be prescribed in the normal course, and instruction in irrigation as applied to the measurement, distribution, and application of water for agricultural purposes. 2293. Board of regents. Terms. The government of the University and the management of its property and affairs, shall be vested in a Board of Regents consisting of the Secre- tary of State and twelve resident citizens of the state to be ap- pointed by the governor. As the terms of the present incum- bents expire, except that of the secretary of state, their succes- sors shall be appointed and shall hold office for a period of four years, the term of each commencing on the first day of July next after their appointment. 2294. Oaths and bond. Every regent, except the Secre- tary of State, before entering upon the duties of his office, shall take the official oath and execute to the University, a bond, with sureties to be approved by the Secretary of State, in the penal sum of $1,000, each conditioned for the faithful dis- charge of his duties. These oaths and bonds shall be filed with the Secretary of State. 2295. Powers. Executive committee. The board shall have power to enact by-laws and regulations for all concerns of the institution, not inconsistent with the laws of the state. A quorum of the board shall consist of five members. Between meetings of the board, its full powers may be exercised as to the ordinary business of the university, by an executive com- mittee of five members appointed by the board, a majority of whom shall constitute a quorum thereof. 2296. Chairman and secretary of board. The board shall choose one of its number chairman. lie shall he the executive officer of the board, ami shall hold office i'<>r two years and until his successor is chosen and has qualified. It shall like- wise appoint a secretary, who may be a regent, and a treasurer, who shall not be a regenl ; and it may require from each a bond 128 SCHOOL LAW to the university for the faithful discharge of his duties. Such bonds must be approved by and delivered to the secretary of state. Bonds taken by the university, to secure the faithful discharge of official duties, shall be copied in the regents' rec- ord book, and in case of the loss or destruction of any bond T the record shall be prima facie evidence of the contents and execution of such bonds. 2297. Faculty. The board may provide for the consti- tution and organization of the faculty of the university, of which the president thereof shall be the chairman and execu- tive officer. It may, in its discretion, commit to the faculty the selection and the dismissal of instructors and employees, and the determination of their compensation as well as the general management of instruction and of the examination, admission, and classification of students. 2298. Board to appoint faculty. The board shall appoint the president and the professors of the university, shall pre- scribe their duties, and determine their salaries. 2299. President's ex-officio duties. The president of the university shall be ex-officio a member of the board of regents, with all the rights, privileges, and obligations of every other member thereof; and, furthermore, he shall be ex-officio a member of the state board of education. 2300. Contracts with instructors. All contracts here- after made with professors, instructors, or employees, whether for a definite or indefinite time, shall be subject to termina- tion at the will of the board, or of its executive committee, if the board be not in session, when the interests of the Univer- sity so require. 2301. May take gifts and devises. The board in its cor- porate capacity may take by grant, gift, devise, or bequest, any property, real or personal, for the use of any department of the university, or of any professorship, chair, or scholarship therein, or for the library, an observatory, workshops, gym- SCHOOL LAW 129 nasiums, experimental apparatus, a student's loan fund, or any other purpose appropriate to the objects of the university, Such property shall be received, held, invested, and managed, and the proceeds thereof used by the board, for the purposes, and under the conditions prescribed in the grant or donation. If by the terms of any such grant, gift, devise, or bequest, con- ditions be imposed which are impracticable under the laws of the state, such grant or donation shall not thereby fail. But the conditions thereof must be rejected and the intent of the grantor or donor carried out as nearly as may be. No grant, gift, devise nor bequest for the benefit of the university shall be defeated or prejudiced by any misnomer, misdescription, or informality whatever; provided, that the intention of the grantor or donor can be shown or ascertained with reasonable certainty. 2302. Regents not to receive compensation. Expenses. No regent shall receive any compensation for his services as regent; but he may be allowed his actual expenses incurred in attending meetings of the board or its committees, or in at- tending to any business of the university under authority of the board or its committees. 2203. Fiscal year. The fiscal year of the university shall commence on the first day of July and end on the thirtieth day of June in each year, and biennial appropriations made for its maintenance, unless otherwise specified, shall be deemed to be for the two years commencing on the first day of July next after the appropriation is made. 2304. Degrees. The university may confer degrees upon students who have satisfactorily completed any of its pre- scribed courses of study. It may also confer special, honor- ary, or emeritus degrees upon former members of its faculty. for long or eminent service in the university, bul otherwise DO such degrees shall be conferred. 2305. State Normal School. The State Normal School shall be continued as u department of the University, for stu- 130 SCHOOL LAW iKiits of both sexes, and it shall also be known as "The State School of Education," and its special work and purpose shall be to train teachers for all grades and departments of the pub- lic school. It shall offer courses of study which shall include educational theory and practice in teaching, leading to de- grees; and shall prescribe work including educational theory and practice in teaching, leading to teachers' certificates and diplomas. Four hundred scholarships shall be maintained in the School of Education; provided, that the holders of such scholarships enrolled in the secondary training department of the School of Education shall at no time exceed two hun- dred. The holders of these scholarships shall be exempt from payment of all marticulation fees. The appointment shall be made for a term of years corresponding to the length of the course or prescribed work the student elects to pursue and shall terminate at the time such student is graduated, or re- ceives a teacher's certificate or diploma. On or before the first day of May of each year the president of the university shall determine the number of appointments to be made for the succeeding year, and shall send notice thereof to the state superintendent of public instruction 2306. Appointments. Appointments to normal scholar- ships shall be made by the state superintendent of public in- struction, on nomination by the county board of examiners, or city boards of education, when such cities are not under the supervision of the county superintendent of schools. It shall be the duty of the superintendent of public instruction, on or before the last day of May of each year, to apportion to the counties and cities, on the basis of school population, the num- ber of normal scholarships to which they may be respectively entitled. Appointments to vacancies in normal scholarships existing at or after the opening of the academic year of the university, may be made by the president of the University. Students who have been appointed to normal scholarships may be examined before admission to the school by, or under the direction of, the university faculty, and such students may be rejected, if found to be unqualified. SCHOOL LAW 131 2307. Id. Normal certificates and diplomas. Holders of nor- mal scholarships shall be required to declare their intentions to complete the prescribed work of normal instruction for a degree, diploma or certificate, and, after completion of such work, to teach in the public schools of this state. In the event of such students discontinuing their studies at the university before said instruction is completed, they shall be required to pay to the university the amount of marticulation fees required of other students for a corresponding term of at- tendance ; provided, that the president of the university may grant leave of absence not exceeding one year at any time to a holder of a normal scholarship, and may appoint to the va- cancy during the absence on leave of the regular holder. The president of the university may at any time cancel, for neg- lect or incompetency, the normal scholarship of any student, and he may require, upon such cancellation, the payment to the university of all fees unexacted by reason of the scholar- ship. Holders of teachers' certificates issued by the School of Education of the university shall be entitled, without fur- ther examination as to scholarship, to teach the grades or subjects mentioned in the certificates for a period of five years after such certificates are issued. Holders of teachers' gram- mar grade diplomas thus issued shall be entitled thereafter to teach in the elementary schools without examination as to scholarship; provided, that the holder of such diploma, after having had two years of successful experience in teaching in this state shall be entitled to a life grammar grade diploma to be issued by the state board of education. The university may confer degrees upon students who have satisfactorily completed the prescribed courses in the School of Education, which degrees shall thereafter be sufficient evidence of the holder's qualification to teach in the elementary and high schools without examination as to scholarship; provided, that a degree from the university with an accompanying diploma conferred prior to September 1, 1911, shall have tin- same force as a degree given for the completion of a coins.' in the School of Education. 132 SCHOOL LAW 2308. Preparatory course. A course of studies prepara- tory to the regular university courses may be maintained for such length of time as the board shall think necessary. 2309. Free to residents. Instruction in the preparatory, normal, and regular university courses shall be free to actual residents of Utah, but an entrance fee not to exceed ten dol- lars for residents and not to exceed fifty dollars for non- residents of Utah, may be required annually. The board of re- gents may fix a reasonable charge for instruction in special studies, not embraced in the regular course, and for post- graduate instruction. No partisan, political nor sectarian re- ligious doctrine, shall be taught or inculcated in the univer- sity, and no political nor religious test shall be required as a qualification of any student, professor, instructor, officer, or employee of the University of Utah. 2310. Founding and naming professorship. Any person or persons who may give or bequeath to the university a sum not less than forty thousand dollars, for the purpose of found- ing a professorship in any department thereof, shall have the privilege of giving name to such professorship. A similar gift or bequest of not less than twenty-five thousand dollars for the purpose of founding an adjunct professorship, shall en- title the giver to the like privilege. 2311. Nominating first incumbent. Any person or per- sons who may give or bequeath to the university a sum not less than fifty thousand dollars, for the purpose of founding a professorship in any of its departments, shall have the privi- lege of giving name to such professorship, and of nominating its first incumbent. A similar gift or bequest of not less than thirty-five thousand dollars, for the purpose of founding an adjunct professorship, shall entitle the giver to the like privi- leges. 2312. Nominating incumbent in perpetuity. Any person or persons who may give or bequeath, to the university, a sum not less than sixty thousand dollars, for the purpose of founding a professorship in any of the departments, shall have SCHOOL LAW 133 the privilege of giving name to sueh professorship and of designating the manner in which the incumbents thereof, in succession forever, shall be nominated; provided, that the board of regents of the university shall have t lie privilege of rejecting any nomination or of removing any incumbent for cause. A similar gift or bequest of not less than forty-live thousand dollars, for the purpose of founding an adjunct pro- fessorship, shall entitle the giver to the like privileges. 2313. Founding fellowship or lectureship. Any person or persons who may give or bequeath to the university a sum not less than ten thousand dollars, to found a fellowship or lectureship in any of its departments, shall have the privilege of naming such fellowship or lectureship, and of nominating its first incumbent. 2314. Id. Nominating Incumbents in perpetuity. Any person or persons w T ho may give or bequeath a sum not less than fifteen thousand dollars, to found a fellowship or lectureship in any department of the university, shall have the privilege of naming such fellowship or lectureship, and of designating the manner in which the incumbents thereof, in succession for- ever, shall be nominated-, provided, that in case of a lecture- ship, the board of regents of the University, shall have the privilege of rejecting any nomination, or of removing any in cumbent for cause. 2315. Scholarships. University scholarships in the dif- ferent departments, shall be of three different classes, first, second and third, according as the endowment is three thou- sand, two thousand, or one thousand dollars, and any person or persons, founding a scholarship of any class, or in any dc partment, shall have the privilege of naming such scholarship. and of nominating its first incumbent. I'M SCHOOL LAW SCHOOL OF MINES. 2320x. School of mines established. A state school of mint's is hereby established in connection with, and as a de- partment of the University of Utah, in accordance with the enabling act admitting Utah into the Union of States. 2320x1. Under control of University. Said school shall be under the management and control of the regents of the University of Utah. • 2320x2. Beneficiary of land grants. Said school shall be the beneficiary of all land grants and appropriations made or to be made by the United States to the state of Utah for the establishment and maintenance of a school of mines. 2320x3. Course, of studies. In said school there may be offered to students, studies and courses of instruction relating to mining, metallurgical, electrical and, such other branches of engineering as pertain to the pursuit and development in all its branches of the mining industry of Utah. AGRICULTURAL COLLEGE. 2073. Where located. The Agricultural College of Utah shall continue as now established and located at Logan, in the county of Cache. 2074. Object. The leading object of the college shall be to teach branches of learning related to agriculture and the mechanical arts, and such other scientific and classical studies as may promote the liberal and practical education of the in- dustrial classes in the several pursuits and professions of life. 2075. Board of Trustees. The government and control of the College shall be vested in a board of trustees, which shall consist of the secretary of state and twelve resident citi- SCHOOL LAW 135 zens of the state, to be appointed by the governor. Six of said citizen members of the board shall be appointed to serve for two years and six of said citizen members for a term of four years, as may be designated by the governor at the time of their appointment; such appointments to be made at the expiration of the respective terms of the preseiu members. Thereafter appointments shall be for the term of four years. 2076. Id. Has general charge. By-laws. Faculty. The board shall take charge of the general interests of the institu- tion, and may sue and be sued in all matters concerning it. The board shall have power to enact by-laws and regulations for all concerns of the* institution, not inconsistent with the laws of the state; and likewise to appoint a president of the faculty, professors, and such other officers and employes as, in its judgment may be necessary, to prescribe their duties, and to determine their salaries. 2077. Record and accounts. The board shall have kept an accurate record of its proceedings, which shall embrace copies of all contracts entered into, and a minute and accurate record of all expenditures, showing the amount paid, to whom paid, and for what service rendered, and materials purchased, and whether paid on account or in performance of con trad ; and for all payments made vouchers shall be taken. 2078. Board has general control. The board shall have the general control and supervision of the college, of the farm pertaining thereto, and of such property as may be vested in the college by law, of all appropriations made by the state for the support of the same, and also of lands or personalty that may hereafter be donated by the state, or by the United States, or by any person or corporation, in trust for the pro- motion of agricultural and industrial pursuits. 2079. Officers of board. The board shall elect one of its number president, and shall appoint a secretary and a treas- urer. 136 SCHOOL LAW 2080. Official oaths and bonds. With the exception of the secretary of state, the trustees shall qualify by taking the constitutional oath of office and by giving bonds with suf- ficient sureties to the State of Utah, in the penal sum of $1,000.00 each, conditional for the faithful performance of the duties of their office. Such bonds must be approved by the governor and filed with the secretary of state. The treasurer shall execute a bond in such sum as the board of trustees may determine, 2081. Compensation of trustees. Each trustee shall re- ceive as his compensation $4 per diem for each meeting of the board at which he shall be present, payable out of any moneys appropriated for the use of the Agricultural College, and he shall be allowed for traveling expenses mileage at the rate of ten cents per mile, for one way only, for the distance neces- sarily traveled attending the meetings of the board. 2082. Id. Future appointees. After the expiration of the terms of present trustees, there shall be allowed to members of the board no compensation for their time or services, but their actual and necessary expenses incurred in the perform- ance of their official duties, the account for which shall be verified on oath, shall be paid by the state treasurer on the warrant of the state auditor, out of any money in the treasury not otherwise appropriated. 2083. Professors, instructors, etc. The board shall estab- lish in the college an adequate number of professorships of the sciences related to agriculture and the mechanical arts. Such professorships shall be filled by able and competent professors, aided by such assistants, tutors, and other instructors as shall from time to time be necessary. 2084. Faculty. Assistants. President of faculty. The president of the trustees, the professors, and such assistants as may be designated by the board shall constitute the faculty of the college. The titles of such assistants shall be deter- mined by the board. The president of the faculty shall be ex- oflicio a member of the state board of education. SCHOOL LAW 137 2085. Employees removable. Any professor, instructor, officer, or employee of the college shall be removable at the pleasure of the board. 2086. Religious preferences and sectarian teachings for- bidden. In the appointments of professors, instructors, and other officers and assistants of said college, and in prescribing the studies and exercises thereof, and in every part of the management and government thereof, no partiality or prefer- ence shall be shown by the board to one sect or religious denomination over another; nor shall anything sectarian be taught therein. Persons engaged in conducting, governing, managing, or controlling the college in any of its parts, and its studies and exercises, shall faithfully and impartially carry out the provisions of this section for the common good. 2087. Courses of study in Agricultural College. The courses of instruction in the Agricultural College, until other- wise provided for by law. shall comprise agriculture, horticul- ture, forestry, animal industry, veterinary science, domestic science and art, elementary commerce, elementary surveying, instructions in irrigation as applied to the measurement, dis- tribution, and application of water for agricultural purposes, for which a degree of engineering in agriculture may be given, military science and tactics, history, language, and the various branches of mathematics, physical and natural science, and mechanic arts, with special reference to the liberal and practical education of the industrial classes. But the Agri- cultural College shall not offer courses in liberal arts, pedagogy, the profession of law or medicine, or engineering, except agri- cultural engineering. 2088. Full course. Winter course. A full course <>f study in the institution shall be of not less than four years. The board may institute a winter course of lectures for others than students of the institution, under necessary rules and regulations. 2088x. Board of trustees directed to establish winter 138 SCHOOL LAW course. The object of this section is the establishment and maintenance of a regular winter course of studies for students at the Agricultural College of Utah; which course shall in- clude studies relating to agriculture and mechanical arts, and such other scientific and classical studies as the board of trustees and faculty may prescribe, and the board of trustees is hereby empowered and directed to establish such course. The special year of this course shall consist of five calendar months, beginning on or about November 1st of each year. 2089. Academical year. The academical year shall con- sist of not less than nine calendar months, and it may be divided into such terms by the board as, in it judgment, will best secure the objects for which the college was founded. 2090. Qualifications for entrance. No student shall be admitted to the institution who shall not have attained the age of fifteen years, and who shall not have passed a satisfac- tory examination in arithmetic, geography, grammar, reading, spelling, and penmanship. 2090x. Courses free to residents of State. Entrance fee. Special studies. Instruction in the preparatory and regular courses of the Agricultural College shall be free to actual resi- dents of the state, but an entrance fee, not to exceed $10 for residents and not less than $25 and not to exceed $50 for non- residents of Utah, may be required annually. The board of trustees may fix a reasonable charge for instruction in special studies not embraced in the regular courses. '& ■ 2091. Text books. Degrees. The board of trustees shall with the advice of the faculty, prescribe the books to be used in the institution, and confer, for similar or equal attainments, degrees and testimonials similar to those conferred by agricul- tural colleges elsewhere. SCHOOL LAW 139 CHAPTER 17. SESSION LAWS, 1911. Section 1. That for the purpose of providing a per- manent and perpetual fund for the general maintenance of the University of Utah, the Agricultural College of Utah, and the Branch of the Agricultural College of Utah, there is hereby appropriated and set aside for that purpose 28 per centum of the entire annual revenue derived from the general tax levy for state purposes in the State of Utah, exclusive of the State School and High School funds. Sec. 2. The general maintenance fund shall be divided as follows : The University of Utah, including the State School of Mines and the State Normal School, shall receive 64.43 per centum ; the Agricultural College of Utah, 28.34 per centum ; the Branch of the Agricultural College of Utah, 7.23 per centum of the funds in this Act provided for. Sec. 3. The annual cost of the general maintenance herein provided for the University of Utah, the Agricultural College of Utah, and the Branch of the Agricultural College of Utah, shall not exceed the amount in this Act provided for, together with such revenue as may be derived from the several land grant funds of the above named institutions and the funds received by them from miscellaneous sources. Sec. 4. The term "General Maintenance" as used in this act shall be so construed as to. mean and include all necessary expenses of the above institutions, except for the purchase and delivery on the grounds of additional water, the purchase of grounds and the erection and equipment of new buildings and permanent additions. , Sec. 5. The funds becoming available umbo- the pro- visions of this act shall be used for the school year beginning July 1st of each calendar year in which the tax providing said funds is levied. 140 SCHOOL LAW Sec. 6. If at the end of any school year either of the above named institutions shall have on hand any unexpended balance of the general maintenance funds in this act provided for such balance or balances shall be converted into a sinking fund to be used by such institutions for building purposes or other permanent improvements. Sec. 7. That the expenditure of the funds derived under the provisions of this act and the creation of any deficit in connection with the institutions herein named shall be under the same provisions as may be provided for expenditures and deficits in connection with other state institutions. Sec. 8. The state auditor shall credit to the several insti- tutions herein name,d the funds provided under the provisions of this act at the same time or times and in the same manner as the district school funds are credited, and at the same time he shall notify in writing the said institutions of the actual amount of money in the state treasury, to the credit of each for their general maintenance as provided in this act. INDEX 14| INDEX. Page. Absent Membership — in retirement association 18 Academic Year — Agricultural College l38 Act- creating State Board of Education, etc 3 providing tor county school districts '. 62 Advertisement — of bids tor school buildings 61, 105, 106 Agent — school officer not to act as, for publisher, et 48 Agricultural College — president of, one of text book ommission 46 located, privileges 12^ object of, trustees and faculty U14 control of, compensation of trustee 135 courses of study in 137 qualifications for entrance to 138 perpetual maintenance fund 139 general provisions regarding 134-1 :;s Algebra — candidates for grammar grade diplomas must know. . 4 Allotment — of school funds 88 Annexation — of county district to city 112 Annual Levy— for interest and sinking fund 105 Annual Requirements — of school to be estimated 72 school census taken 31, 88 Appointments — to normal scholarships 130 Apportionment — ■ of school moneys by State Superintendent B none until reports forthcoming 9 of county school moneys Bfl Appropriation — for carrying out provision ol school act .".;: Assistants — to State Board of Examiners 6 Education 19 142 [NDEX Page. Attendance — of children at school compulsory 109 Auditor — State, to draw warrants for examiners, etc 6, 9, 12 books of, to be examined by State Superintendent 10 treasurer to honor warrants of 49 county, to apportion school fund 67 Authorization — on margin of school bonds 103 Award — to proposals for text books 47 for construction of buildings, etc 105 Ballots — for election of trustees 21-22 what to contain 21-22 excess and defective 24 for city school election 56 Beneficiaries Retirement — fund for 117-120 by-laws regarding 120 Bids— for erecting buildings, etc 61, 79, 105 Biennial Report — by State Superintendent 10 Bird- day 120 Blanks — for schools furnished by State 27 Board of Education — how constituted 3 State, powers and duties 3-7, 19, 40-42 chairman and secretary of 3-7, 19, 40-42 chairman and secretary of 7 majority necessary to validity of act 7 when to meet 7 creation of 123 County, how constituted 63 members of, election and qualifications 63-64 must organize 66 to appoint superintendent 66 compensation of 67 to appoint census enumerators 67 president, clerk and treasurer of, duties 68-69 a body corporate 70 powers of 70, 79 in cities of the first and second class 84 general provisions regarding 85 organization of, officers 86 duties of officers, compensation 89 suits by and against 92 INDEX 143 Page. Board of Examiners — for cities, how constituted 92 chairman and associates, compensation 93 Board of Regents — of S;ate University 127 to appoint faculty 128 general provisions regarding 127-133 Board of Trustees — ■ of Agricultural College 134 general provisions regarding 128-133 Bonded Indebtedness — of district schools, limitations of 58 heretofore existing 62 Bonds — who qualified to vote for 24 of high school district 39 of district school 58 denomination of 59 form of 59 redeemed to he canceled 61 of contractor 62 for city schools 100 ballot for election regarding 101 general provisions regarding 101-103 Bonus — from publisher, etc., prohibited 48 Books — ■ of State Superintendent go to successor. : 12 school board to furnish 27 for indigent pupils 16 text, commission of 46 proposals for 47 provisions regarding 47, 48, 97, 98 Boundaries — of school districts to be fixed 14 Buildings — ■ and sites, provisions regarding 29, 30 how to be sold 29, 92 city board of education may erect 106- 107 Cancelation — of redeemed school district bonds 61 Canvass — ■ of votes at school election 24 Census — annual school 31. (17, sx 144 [NDEX Page. Certificate — normal, and diplomas 4, 5 of teachers 16, 93-96 temporary 18 county, where valid 18 teachers must hold 19 Certification — ■ by State Board of Education 6 Children- neglected, provisions regarding 81-83, 107-108 must attend school, when 109> incorrigible, sent to industrial school Ill City- indebtedness of for school 55 election in, regarding debt 56 procedure at elections 56 canvass of votes ! 57 schools in (see Schools in Cities). City School Bonds — election for, provisions regarding 100-102 payment of, other regulations 103-104 City School Tax — certain property exempt 98 one taxation district, city is 98 distribution of State funds to city 98 collection of 99 Clerical Assistance — ■ to State Board of Education 6 Clerk— of school election, duties 23 Commissioner — ■ national, to be furnished information 11 Commission, School — ■ to approve of buildings, etc 29 shall serve without compensation 30 State text book 46 Compensation — • of State Board of Education 6 school trustees 32 none for school commission 30 course of study committee 42 teacher without certificate 43 same for females as males 46 city school board and officers 87-90 Compiled Laws — extracts from 126-138 constitutional provision relating to high schools 22 constitutional provision creating state high school fund 124 INDEX 145 Contagious Diseases — protection against 45 Contents — of S'tate Superintendent's report 10 Contract — for building shool houses, et 61, 106 of school superintendents may be called 12 county and city superintendents to attend 12 S'tate text book (see State Text Book Commission.) County Clerk — to prepare for school election 23 County Commissioners — may reate or change districts, exceptions 20 levy special taxes 20 shall appoint trustees, when 21 board of equalization as to school taxes 54 County School District — first class, in each county 63 schools to be free 64 board, members of 64 must qualify, elections 65 school superintendent to be appointed, qualifications. 67 school year, reports 67 school census 68 president, clerk and treasurer, duties 69-70 board of body corporate 70 school property exempt from taxation 72 county treasurer to pay over taxes 74 special taxes for buildings 74 election for bonding district, procedure 75-78 bonds, interest and sinking fund 79-80 parental schools, truants, etc 81-82 district court has jurisdiction 82 parents pay cost of committed children 82 truant officer to be appointed 83 superintendent's office vacated, when 83-84 registration lists, acts repealed 84 general duties and powers of board 63-84 County School Superintendents — election of 13 oath and bond 13, 14 qualification of records of '' to report to State Superintendent 15 general duties and powers 13-17 County Tax — for schools, provisions regarding 48-o0 County Teachers' Institutes — how constituted procedure of ' h 146 INDEX Course of Study — committee of 42 powers and duties 42 creating high school districts 34 Damages^ i'or injuring school property 44 debt of school district not to exceed taxes, unless 55 defective sight, hearing, etc., examinations for 33 Degrees — University may confer upon students 129 conferred by Agricultural College 138 Delinquent Taxes — to be paid over to board of education 100 Diplomas — S'tate, for teachers 4 validity of 4 life, from other states 4, 5 not in force after five years 6 for holders of normal scholarships 130 Dismissal — of district school teacher 27 District Court — has jurisdiction in truancy and neglect cases 82,09 Districts, School — each is a corporation 20 each county and city is one, unless 20 powers of county commissioners regarding 20 annexation of 112 District School Bonds — trustees may issue, when 57 election for 57 denomination of, limitation 58 other provisions regarding 58-62 Doctrines — not to be taught in schools 45 Duties — of county treasurer regarding school funds 49 president of county board of education 68 clerk of same 68 treasurer of same 69 city president board of education 88 vice president, clerk and treasurer of same "89,90 members of board 90, 91 Education — State board of 2, 123 membership, powers 3-7 city board of 84 membership of city board, etc 84 election of, term, etc 84 conduct of elections 85 ; INDEX 147 Page. Elections — of State Superintendent 7 duties and powers 7-13 of county superintendents 13 duties and powers 14-16 of school trustees 21 for special school tax 55-57 for district school bonds 57 for county school district board, procedure 63 ,64 special for bonding district 74 regulations and procedure at 75-77 of city board of education 84 of city school superintendent 88 English Language — to be used in all schools 45 Entrance Fee — to Agricultural College 138 Equalization— by county commissioners 54 Estate— of members of retirement association 119 Examinations — of children for defective sight, hearing, etc 33 for applicants for diplomas, etc 4 of teachers for first-class districts 72 teachers' certificates, etc 17, 18 for grammar and primary certificates 96 teachers exempt from # 97 Examiners — assistant, may be appointed 6 city board of, how constituted 92 associates, chairman, compensation 93 Expense— of parental schools, how paid ^ u » Expulsion — or suspension of pupils - 8 Extracts — 91 ,„„ from Compiled Laws hi-im Faculty — 198 University board to appoint '^ 8 First Class Districts — county school, of such grade. 62 Fiscal Year — 12 „ of University American, displayed over schools n ' 148 INDEX Page. Founding Professorships — amount required for 132 fellowship or lectureship 133 Free Instruction— in University courses 131 Free Schools — non-sectarian, to be maintained 121 Full Course — at Agricultural College 137 Fund — school, provisions regarding 25, 50 State, distribution to cities 98 sinking, investment of 105 retirement, beneficiaries 116 current and permanent 116 when not sufficient 119 Gifts— and devises, University board may accept 128 Government — of schools, school board to assist in 28 Governor — to appoint trustees for Agricultural College 134 Grants— of land, school of mines beneficiary of 134 Grounds- school, to be kept sanitary 32 Gymnasiums — State board to promote establishment of 3 Health- Hearing — defective, examination for 33 State Board of, to assist in courses of study 33 High Schools — districts, a county a district uless otherwise agreed 34 cities of first and second class not included in 34 county superintendent to propose plan for 35 manner of determining number of 34,35 Board of Education, of whom composed 35 officers of 35, 36 number of schools 37 election to determine 37 judges of election 37 local revenues 37 State revenues 40 powers and duties of board 37, 38 course of study, by whom prescribed 38 text books, by whom adopted 38 election for bonding 39 INDEX 149 Page, buildings . 40 standard fixed by State Board of Education 40 enrollment and attendance of students to be reported 41 apportionment of state funds 41 State inspector, bow appointed 41 compensation of inspector 41 Highest Branch — of educational system, University is 126 Holidays — school not to be kept on 43 Hygiene — and physiology, instruction in 33 Incorrigible Children — disposition of Ill Indebtedness — not to exceed current taxes 55 Informality — in election not to affect validity 101 Information — to national commissioner 12 Institutes — teachers' governing board of 16 union, may be held by two or more counties 16 expense of 16 Institutions — tor deaf, dumb and blind 123 Instruction — State Superintendent of (see State Superintendent of Public Instruction.) county superintendent (see County Superintendents), moral, required 45 Instructors — contracts with, terminable when 128 Insufficient Funds — for retirement association 119 Interest — on school bonds 77, 78 on State school lands, distribution 121 Judges of Election — for school districts 22, 34 for high school districts 37 duties of, and Clprk 23 to be furnished registration lists 23 Jurisdiction — over truants, district court has 81 150 BNDEX Page. Kindergartens — school board may maintain 113. provided for, where 113 how maintained 113 Land Grants — University beneficiary of 134 Language — English, to be used in schools 45 Levy — special taxes 20,26 for interest on bonds, etc 60 limit of, etc 99 Libraries — State Board of Education to promote establishment of 3 fund for school libraries 25 Lien — school bonds are 60 Life Diplomas — of other states 4 issued by State boards 5 Limitation — of bonded indebtedness 5& Maintenance — of public school system 121 Membership — in State Board of Education 3 in county board 63 in cities of first and second class 84 qualifications for, in same 86 in retirement commission 114-118 Metric System — taught in public schools 123 Mines — school of, established 134 provisions regarding . .| 134 Mining Professorship — founding and naming of 132 Moral Instruction — required in public schools 45 National Commissioner — information to 11 Neglected Children — committed to parental school 81 New District — to receive proportion of funds 51 INDEX lot Page. Mew School — organization of 30 .Nominations — to positions in University, by whom 132 Normal Certificates — candidates for 4 issued by University, regulations 5 holders of, conditions 131 Normal School — department of University 129 perpetual maintenance fund 139 Notice — of opening and closing school 42 to publishers, regarding text books 297 and conduct of bond election 101 Oath- may be administered by county superintendents 15 Object — of Agricultural College 134 Officers — of education board, may be removed, etc 66 necessary, may be appointed 87 of Agricultural College board 134 Opening Bids — for proposals, etc 97-1 06 Organization — of new school 31 of board of education 87 of retirement commission 113 Outhouses — on school grounds, regulations 32 Parental Schools — Board of Education may establish 107 regulations regarding 108 Payment of Bonds — redemption, printing, etc 103 Penalty — for non-attendance of school children 110 Permanent Funds — from land sales, for University 122 for University, Agricultural College, Normal School 138 Physiology — and hygiene, instruction in 33 T -">- INDEX Page. Powers — of State Board to grant, diplomas, etc 4 and duties of high school trustees 36-38 of education board 70-90 Preparatory Course — may be maintained 131 President — of education board, duties and powers, term of elec- tion 68, 86, 88 Primary Certificate — regulations regarding 94 Prohibited Doctrine — no sectarian, etc., principles taught 45 aid to church schools, forbidden 123 Proposals — for text books and awards, regulations 47 Public Instruction — Superintendent of (see ibid). school teachers, retirement of 113 Publishers — Board of Education gives notice to 97 Qualifications — for entrance to Agricultural 'College 138 of electors at school bond elections 102 Quality — clerk of education board must 68 treasurer of same, must 69 members of education board must 86 Questions — penalty for disclosing 19 by examiners to candidates, etc 94 Re-advertising — when bids for building, etc., rejected 61 Receiving Bonus — from publisher, penalty 48 Redemption of Bonds — provided for, disposition 105 Records — and reports of district board 32 filed with county superintendent 33 of proceedings of board of examiners 94 Regents — board of University 127 Regsitration Lists — furnished for election of education board 84 INDEX 153 D , Page- Release — of child from parental school 81 Reilgion — teaching of, forbidden 45, 137 Renewal — of high school and other certificates 18,94 Repairs — of outbuilding, etc 27 Report — ■ by board clerk to State Superintendent 88 to school board by examiners 95 Requirements — annual, board to estimate 72 Resident — actual, University courses, free to 132 Resignation — removal, etc., by school officer 25 Restrictions — ■ on sale of school property 71 Retirement Commission — for public school teachers provided for 113 members of, how selected, term 114 organization, general provisions 115-120 Revocation — of school teacher's certificate 19 of other certificates 95 Sanitation — cause and prevention of diseases taught 33 Sight- examination for defective 33 School Districts — district (see District School Bonds.) School Districts — each a corporation, extent of 20 county commissioners control over, taxes 20 new county divided into, trustees for 21 election for, judges, procedure 21-25 funds and libraries for, control 25 county, first class (see County School Districts). School Fund — apportionment and use of 50 not nless school kept 20 weeks 51 new :t receives proportion 5] State aid for 51-53 hov aid, appropriation 52. 63 State, interest di ed 121 1 54 INDEX Page. Schools in Cities — each city a district 84 members of board in, term 85-86 organization of board, officers 87 election of superintendent 88 duties of officers 89-90 other provisions regarding 88-109 Schools, High — (See High Schools.) School Register and Report — teacher must keep 43 School Superintendents- county (see County School Superintendents). and city, to attend convention 13 School Teachers — county, examination of 17 certificates for 18 revocation of 19 assistants may be employed 19 visiting day of 27 male and female, receive like pay 46 School Trustees- election of, provisions regarding 21-33 may levy taxes, when 26 compensation of 32 Settlement — between school districts and cities 11 Special School Tax — provisions regarding 53, 54 State Treasurer — to receive and pay over school funds 48 Superintendent of Public Instructions — State, election of 7 qualifications, oath, bond, deputy 7 control of schools and school money 8 seal of, forms or reports, etc 9 to visit counties once a year 9 to advise with school officers, decisions, etc 10 reports and other duties 10, 11 expense accounts, books to successor 12 may call convention of superintendents 12 State Normal School — department of University 129 perpetual maintenance fund 139 Suspension — of pupils by teacher 44 INDEX 155 Page. Taxes — for district schools 25 for high schools 38 state and county 48 levy for interest on bonds, etc 60 Teachers — examinations, certificates 17 assistants may be employed 19 to give notice of opening and closing schools 42 no pay for one without certificate 43 other duties and privileges 44-46 for kindergartens, retirement commission 113 Teachers' Institutes — county, regulations, board, etc 16 Temporary Certificates — to teachers, when 4, 18, 94 Text Books — commission of, convention 46 other provisions regarding 97 Treasurer — county, to pay over taxes 74 Truant Officei — provided for 82 Trustees — provisions regarding (see School Trustees.) of former districts to convey property 71 Uniform Compensation — for male and female teachers 46 University of Utah — located and confirmed 121 general powers of 126 highest branch of educational system 126 regents of, qualification, powers 127 chairman, secretary and faculty, duties 127 may take gifts and devises 128 courses of instruction defined 126 perpetual maintenance fund 139 normal school, other provisions '129-130 perpetual fund 139 Unsatisfactory Proposals — received by board, recourse 98 Vacancies — in school board, how filled 25 in board of education, county districts 65 in officers of retirement commission L15 L56 INDEX Page. Validity— of diplomas for teachers 4 Vice President — city board of education, provisions 89 Visiting Schools — I e Superintendent 9 county superintendent 14 Voting — - on special school tax 53 Vouchers — district board must present 33 Water — for agricultural purposes, a study at Agricultural Col- lege 137 Winter Course — of lectures, at Agricultural College 137 Year- fiscal school 43 fiscal, of University 129 « ■», ■> us law libra: UNIVERSITY ' FOBNIA LOS ANGI \ AA