The School Laws of Nebraska

~r.=========================~ THE

SCHOOL LAWS OF

NEBRASKA, As revised and amended in 1883, with

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EXPLANATORY N01.'ES AND FORMS, FORTH£

USE OF SCHOOL OFFICERS.

BY W. W. W. JONES, Superitumdent of Public btstruction.

LINCOLN, NEB.: JOURNAL COMPANY, STATK PRINTERS.

1888.

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THE

SCHOOL LAWS I-

NEBRASKA, As 1·evi s ed a nd amended in 1883 , with

EXPL.ANArrORY Norr~S AND FORM~, VOR TB B

USE OF SCHOOL OFFICERS .

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BY W . W . W . JONES, Sup~rirztettdnzt of Public btslructjpn.

LINCOLN, NEB.: JOURNAL COMPANY, STATE P RIN1'BRB.

1883,

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CON~fENTS.

PREFATORY ................-....................................................................

AMENDMENTS OF BUSINESS CALENDAR....................................................... ...... ......

CONSTITUTIONAL PROVISIONS....................................................

THE SCHOOL LAWBtrBDIVISioN I .............r ... Bchool Districts .................. :....................

11 JI ................ District Meetings.... :................................

II III ............... District omcei,'B.............................. ......... " ·IV ............... District Officers, Powers and Duties............ " V................. District Board, Powers and Duties............. " VI. .............. High School Districts............................... " VII ............. County Superintendent.............................

VIII ............ State Superintendent................................ " " IX ...............The Teacher............................................

II x .................Teacbers' Institute...................................

11 XI. .............. School Funds......................... .. .... . . ... . . . .. .

11 XII ............. School House Sites................................... " XIII. ......... ~Tbe State Normal School..........................

11 XIV............. Schools in Cities......................................

SPECIAL AOTS OF BLANK FORMS..................................................................................

DECISIONS OF ATTORNEY GENERAL ..........................................

ADDITIONAL FOOT NOTES............................................................

1888.......................................................... .........

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1879................................................ ..................

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5 5 7

~ 13 21 27

80 87 41 48 49 51 58 55 58 60 64 75 88 98 99

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PREFATORY. This edition 'of the school law is th · as passed by the last legislature, ~nd as amended in 1883.

In January last a convention of city and county superintendent• revised it, and offered such amendments as the additional years' experience demanded. It was submitted to the legislature early in the session, and after careful examination there, one bill passed substantially as it came from the hands of the convention, but some important measures failed to pass for want of time. It is confidently believed that it will do much to lessen the difficulty of administration, and be the means of a great saving to the state of time and money.

The decisions of the attorney general upon the old law have been embodied in this, and such foot notes as were applicable have been retained and added to this.

The laws concerning bonds (the special acts of 1879), have not been repealed, and will be found incorporated here.

Such blank forms as will b~ needed are also placed at the last part of the book. These forms correspond with suggestions made

by Hon. Samuel Maxwell, of the Supreme Court.

W. W. W. JONES, S'UJ?f!l'int~ent•

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AMENDMENTS.

The following sections have been amended by the legislature of 1883: Section four, subdivision I; sections four, thirteen, and fourteen, subdivision II; section ten, subdivision III; sections four, eleven, sixteen and seventeen, subdivision 1\r; sections three, four and twelve, subdivision V; sections one, two and three, subdivision VII; sections five and six, subdivision X, 'and sections one, three, eight, twelve, thirteen, fifteen, eighteen, twenty-four and twenty-six, of subdivision XIV.

SCHOOL DISTRICT BUSINESS CALENDAR. I.

THE DIRECTOR.

1. · SHou-LD GIVE NOTICE OF ANNUAL MEETING at least fifteen days before first Monday in April. See SEc. 4, SoB. II, and SEc. 15,

Su-B. IV, School La\v.

2. TAKE DISTRICT CENSUS, TOGETHER WITH"'l'HE NAMES OF ALL THB TAX-PAYERS IN THE DISTRICT, within ten days before the first Monday in April. See SEc. ,12, SuB. IV. 3. REPORT TO THE ANNU"AL MEETING the business transactions of the board for the past year, and present an estimate of expenses, and probable amount of taxes for next year, first Monday in April.

See SEes. 13 and 14, SuB. IV. 4. REPORT TO Cou-NTY SuPERINTENDENT withi'n ten days after the Annual Meeting. See SEc. 17, SuB. IV. 5. REPORT TAXES LEVIED AT AND SINCE THE ANNUAL MEETING. This report must be signed by all the officers, and deli vered w County Clerk by the first Monday in June. See SEc. 2, SuB. V.

Il. 1.

THE TREASURER.

SHOULD FILE ms BoND within ten days after his election or

appointment. See SEc. 4, SUJ3. IV. 2. TAKE THE CENSus in the absence of the Director or Modera-

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tor. See SEc. 12, SUl3. IV. 3. REPORT ALL REcEIPTS AND EXPENDrl'URES of preceding year at the Annual Meeting. See SEc. 6, SuB. IV.

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Ill.

THE DISTRICT MEETING.

Determine at Annual Meeting: 1. Length of time school shall be t aug ht.

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SOHOOL LAWS OF NEBRASKA.

!. poses.

The number of mills whi_ch shall be used for building pur-

3.

See SEo. 14, Sun. II,

Whether summer or winter term.

Law. See the amendment to Section 14.

~chool

IV.

THE PROVISIONS OF THE CONSTITUTION RELATIVE TO EDUCATION.

THE COUNTY SUPERINTENDENT.

FILE HIS 0FFIOIAL OATH within twenty da h'IS certi'fi.cate of election. ys after he re~. APPORTION STATE FuNDs within twenty d ft . ays a er Warr t is received from the State Auditor. an .3. REPORT THE CENsus of districts as soon as re · Celved make an annual report not later than J nne 1st. ' and 4. REPORT THE BLIND, DEAF, AND DuMn of his conn ty to the 8aperintendents of their respective asylums on or before the fi rst Tuesday in September. See SEo. 14, Sun. VII. 1. . ·

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5. NOTIFY THE DrsTRIOT 0FFIOERS if their report is not rece. lveq by the third Monday in May. See SEo. 13, Sun. VII.

ARTICLE VIII-EDUCATION. SECTION 1. The governor, secretary of state, treasurer, attorneygeneral, and commissioner of public lands and buildings, shall, under the direction of the legislature, constitute a board of commissioners for the sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law.

SEa. 2. All lands, money, or other property, granted or bequeathed, or in any man~er conveyed to this state for educational pur·poses, shall be used and expended in accordance with the terms of such grant, beq nest, or conveyance.

SEo. 3. The following are hereby declared to be perpetual funds ' I • tor corrlmon school purposes, of which the annual interest or meome only can be appropriated, to-wit: jf'irst~Such per centum as has been, or may hereafter be, granted by congress on the sale of lands in this state.

Second-All moneys arising from the sale or leasing of sections number sixteen and thirty-six in each to~nship in this state, and the lands seiected, or that may be selected in lieu thereof.

T!Lird-Tlle proceeds of all lands that have been, or may hereafter be granted to this st.ate, where, by the terms and conditions of such grant, the same are not to be otherwjse appropriated.

Fourtl~r-The net proceeds of lands and other property and 9fl:ects that may come to the state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deeeased persous. ,

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THE BellOOL LAWS OF NEBRASKA.

THE SOHOOL LAWS OF NEBRASKA.

F'ift,_All moneys, stocks, :bonds, land~, ana other propert, now belonging to the common school fnnd.

J S:mo. 4:. All other grants, .gifts, and devises that h....ve · been or may hereaf ter be made to this state, and not otherw·1se appropr· ted by the terms of the grant, gift, or devise . la. , the interes t &rlsin b e funds mentioned in the preceding from all t sectio t . n, ogeth g w1th all the rents of the unsold schoollanda,and such oth er . "d h . er lllean 8 as the leg1slatur.e may pr?v1 e, s all be exclusively applied tot support and mamtenanee of common schools in each sr.nool ?e trict in the st"ate. dis.

S:mo. 5. All fines, penalties, and license moneys arising un the general laws of the state, shall belong and be paid ovei- to ~to ~ counties respectively where the same may be levied or impos e . . . and aU fines, pena1t1es, andl.icense moneys ansmg nnder the ru.led ' by~laws~ or ordinances of cities, villages, towns, precincts, or othes, municipal subdivisions less than a county shall ,belong and be ~!'

I over to the same respectively.. All such. fines, penalties a :at~ cense moneys shall be appropriated exclusively to the use ~ndn h. port of common schools in the respective subdivisions where s:p.. same may accrue. he SEO· 6. The legislature shall provide for the free instr t• . ~~the common schools of this state, of all persons between the ' 1ll of five and twenty-one years.

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SEO. 7. Provisions shall be made by general law for ;l able distribution of the income of the fund set apart for~~ equitport of the common schools among the several school d · t ~ sup. · d IS ricts of the state, an no appropriation shall be made from said fund to district for the year in which school is not maintained at le t hany months. · · as t ree

. SEO. 8. University, agricultural college, commo~ scho 1 . other lands, which are now held ' or mav . 0 ' b·~r · " hereafter be acquued · ., state for educational purposes, shall not be sold for less Lha~ iollars per acre, nor less than the appraised value. )· 9. All fonds belonging to the state for educational ,;;~'the interest and inoorrie whereof only are to be used 8~:~i ~-~,/1)8 deemed trust funds held by the state, and the state shall ~upply

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all losses thereof that may in auy manner accrue, so that the same shall remain forever inviolate and undiminished·, and shall not be mvested or loaned exce.pt on United States or state securities, or registered county bonds of this. state; and such funds, with the interest and income tliereof, are hereby solemnly pledged for the purposes for which they are granted and set apart, and shali not be transferred to" any other fund for other uses.

SEO. 10. The general government of the university of Nebras· ka shall, under the direction of the legislature, be vested in a board of six regents, to be styled the Board of Regents of the University of Nebraska, who shall be elected by' the electors of the state at large, and their term of office, except those chosen at the first election, as hereinafter provided, shall be six years. Their duties and powers shall be prescribed by law; and they shall receive no compensation, but may be reimbursed their actual expense• incurred in the discharge of their duties.

S:mo. 11. No sectarian instruction shall be allowed in any school or institution supported i~ whole or in part by the public funds set apart for educational purposes; nor shall the state accept any grant, conveyance, or bequest of money, lands, or other property, to be used for sectarian purposes. .

SEO. 19. The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment and reformation of all children under the age of sixteen yean, who, for want of proper parental care, or other cause, are growing up in mendicancy or crime.

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AN ACT TO ESTABLISH A SYSTEM OF PUBLIC INSTRUOTIO,N.

AN ACT to establish a system of public instruction for the State of Nebraska.

Be it enacted by the Legislature of the State qf Nebraska:

SUBDIVISION I-SOHOOL DlSTRIOTS. 1.

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6.

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8.

9. lO.

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A school district defined.

Name and style.

New dist. from unorganized ter.

New dist. froJD orgau!zed dists.

Co. Supt. to deliver notice of form· at!on.

All qualified voters to receive notice.

Return made to chairman.

Record of Notice.

Division of property.

Bonded indebtedness.

A.sseSbment by county board ~

12 . Money to be pn.ld to n ew district.

18. Sale of school house .

14. Proceeds of sale.

15. Division of teachers' fund.

16. Unbonded indebtedness.

17. Changes of districts to be reported and Co. Supt . to keep map.

18. Arbitration allowed.

19. Mode of proceeding.

20. The award .

21. Fees of arbitrators.

22. Joint districts.

SE<J. 1. The term school district as used in this chap- Meaning of "School Dis· ter is declared to mean the territory under the jurisdic- trict." tion of a single school board authorized by this chapter.

The term school shall be construed to mean a school un- Meaniuf. or der the jurisdiction of a school board authorized by this "Schoo ·" chapter.

SEo. 2. Every duly organized school district shall be Shall be a body corporate. . a body" corporate, and possess all the usual powers of a corporation for public purposes, by the name and style of "school district number . .. . , of ...... county," and

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TBB IIOJIOOL LAW8 Oll' NEBBASXA,

THE SCHOOL LAWS 011' NBBRASXA.,

in that name may sue and be sued, purchase, hold and aell such personal and real estate ·a.s the law allows. :,.-eo~ SEO. 8. Each organized county not already divided · to school districts, or any parts of such coJ].nties not 1 ~. vided, s~all be divided; by the county superint sod l• to as many sch oo1 d'J:stncts · 1n as may be neceBBar en ent How rormec1 SEO. 4. New districts may be formed from ~h ga.nized districts under the following conditions ~r or.Fi'I'Bt. The county superintendent shall have0 Dfscretlon of Co. Supt. on tionary power to change the 1Jloundary of any echo ;sc~e­ peiltion ot iDa,Jority. trict, or to form a new district from one or rn.oro d~a. tricts on a petition si~ned by a majority of the leg:l dta. ters in each district aftected. "'o. .

8ballnot . Second. The county superintendent shall not r f ::S:f~c!eu- to change the boundary lines of any district, or te U.s~ tlrlrds. ganize a new district, when he shall be asked to d 0 Ot-. by a petition from each school district affected . 0 8() by two-thirds of all the legal voters in such dis;ri 8 f~ned Provided, that a notice of said petition, contain? · Notice of AJ.ftn..,.must exact sta.t~ment of what changes in district bou ~g ~n ~dten daJI. are proposed and whim the petition is to be pres n aries the county superintendent, has been posted in then ted to ree p 1 lie places, one of which places shall be upon th u l. h b e outer door of the school house If t ere e one, in each d' . · . · 1str1ct affected, at least ten days prior to the time of p . the petition . . to th e conn t~ supermtendent: . resentmg

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SBC. 8. Territory not hitherto organized into school districts, may be divided, Moo of the county superintendent. e dlscreSECS. 4 AND 5. In the division of a. district, or the formation of ne\v districts from other organized districts, the Superintendent may act on a. petition signed by o. moJor·tParts ot voters in each district affected; he must act in response to petitions slgnetl by two-tb~Y or the ; r voters in each district affected. As many petitions must be presented as there are dist 8 or the fected. Before mo.ldng the division, the County Superintendent should employ o.U th ri~~llf- . 1 0 mate means within his reach to satisfy Wmself tho.t a. legal majority or the voters in a d.e ~1 have signed a. petition, and it would be well to move deliberately In the mnttcr, allowt:tral: parties interested opportunity to know what Is propo~cd to be done. He should nlso know~hM the legal notice of the proposed division has been given. See proviso. ~ccond clause. \\'hen cities are affected 1>y..,the proposed change, the petition in ~eh~l f ?f the city must come from the , board of education. 1-'he best time for tQ.c division of a. diStriCt 1~ during the month of December, since the new district can then have three months scholl! between its or .anizo.tion and the annaal meeting, the 1st Moudo.y in April. It will also enuble the director to lilllke hiR rl' Ol"t of children enUliiSl'ated, and entitle the district to Its share of the State anporthnment. No ~c,,.

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P'l'ovided, that changes affecting cities shall be ma.de~~~tf!n. upon the petition of the board of education of the district or districts affected.

Thi'l'd. No new,districtshall be formed between the No new. dfst. ·:first Tuesday of April and the first day of A.ugust. two -Fnurth. When two districts are made from one, Must;be petitions. there must be two petitions, one from each part into which the district is to be divided .

Fifth. No new district shall be formed containing less than ·four sections of land, nor shall any district bemstrlct must • • • • • ] have not less reduced by diVISIOn or otherWise, so as tp contam esBthan rour ~ec. , 'ti d . h tlons; not esa than that amount, unless the d1str1ct so orme , or t ethan fifteen .. , h ll h ave an children. part of a district remaining after dIVlSion s a assessed valuation of property of not less than twelve thousand doUars, and having not less than fifteen children of school age. ' Provided, that when streams or water courses make it impracticable to form distr.icts containing four s~c­ tions then the county supermtendent may form district; with less than four sections without regard to valuation or school population.

Siwth. A list or lists of all the legal voters in each district affected, made under the oath of a resident of each district affected, together with an oath of a resident of each district that the legal notice provided in the second clause of this section has been properly posted, shall be given to the county superintendent when the petition is presented.

Seventh. Fractional districts that were originally formed without petition, may be placed back into the district from which the parts were taken, upon the agreem·ent of the county.superintendents of both counties in which such parts are situated.

SEa. 5. Whenever the county superintendent of any eo. supt, must county shall form a new district, it shall be the duty of~i'!1'i«;[h:'b\~:i the said superintendent to deliver to a taxable inhabi- ~8~~~::J~i=~ tant of such district a ~otice in writing of the formation ~e~8~~e or of such district, describing its boundaries~ and specifydistrict can be formed between the 1st Tuesdny of April (see 3d clause) and thelst of Au~~t,~~ prevent confusion in the to.x levy. If a. county Superintendent should divide a. district w 0

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THE SCH OOL L A W S OF NKBRASKA.

THE SCHOOL LA.WS OF NEBRASKA..

ing the time and place of holding the first tneetin which notice, with the fact of such delivery, shall .;• 8 entered upon the record by the superintendent.

SEo 6 The said notice shall also direct such 1· 1 _ I n h a bita,nt • · . .

Uuabi. t h us n otifi tifed all tant to notify every quahfied voter of such d. . m ust no Y • • lStrtct voters. ither personally or by leavmg a wntten notice t . , e . a hla or her place of residence, of the ttme and place of hol · cL 1ng sat'd meet 1· n•g ' at least five davs before the tin-. e ap pointed therefor; . and it sh~ll be the duty o~ such habitant to notify the quahfied voters of said distri~t u

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accordingly. . ,.,, The said inhabitant, when he shall have · S EO. 1.

• • • llo, He must en· dorae thereon 'fi d the qualified voters as reqmred m said notice sh a r eturn and tJ e . . h . , a}} delive r to se thereon a return, showmg sue notification l h ' cbairmaD. en d or d d ,. ""1 th . the date or dates thereof, an enver such notice a e chairman of the meetmg. ll.q return t o th .

The said chairman shall deliver such . st SEc. 8 · l1ot1c Cb airiilan~~ to the director chosen at such meeti deliver to and return ng a e rector when • ft pt·ovided who shall record the sam e at l ' a cl:)osen. must herema er ' . ength z~~~:f[t, anbd • book to be provided by hrm at the expense of th therecordt usln a ' d f h d' made shall be • • t a part of the recor s o sue !Strict h' e evidence. drstnc , as . . ' 'i'V lcb · , b ll be p rimq, fac &e evidence of the facts th recora s a . f ere. . t f'orth and of the leg ality o all proceedings .

ID se . . t · t h 1n . t' of the d1stnc , prwr o t e first d. . the orgamza wn . . . . . lstnct . b t othing ID thrs sectwn contamed sh 11 b roeetwg; u n . ft a e to impair the e ect of the record k . ept so construe d as . t perintendent as evidence. by the coun y su . . . h n a new distnct IS formed in whol W eo SnJ?t shall SEo. 9. e . . e or determm'e tile • t f ro m one or more. distncts possessed. of a school [l.lilount due Ill par new dis~i~t h ouse or other property, the county supenntendent , ·at from div1s1on

of propertY. divis ion w ould b e void , nnd th e dis~ a p etition signed by a m ajority of t h e votetas,ks uch See section 8, s ubdivision III. . le t w oul<l ' ' fno action h a d been en. . · t h t' · remain precisel y as 1 f t divide a d iStnc w en p e 1L10n e d by two third A s uperinten dent canno~ legally r~d u:e d~trimental to th e inter ests o f the district. T-he Ia~ if be believe such div ision w ou e . even i in the matte r. . . gives him no d lscret ~n r ovide for striking off a p a rt of a district Without ~nn_exiug it to some The la,w does no P dt d ' tric t without the con sent of a maJonty of the voters th ·'. t' 'f .

T rrltory cannot b e ann ex e o a IS ot h er. e d t ' ti of a majority at e ulscre 1011 o the County SuperA division can bema e on a p e 1 on h' f e rinte nde nt may require the signer to e rase 15 name rom on e of th e po.· in tendent. The Sup

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the time of forming such new distri ct, or as soon thereafter as may be, shaH ascertain and determine the amount justly due to such new di strict from any district or districts out of which it may ba ve been in whole or in part formed, which a mount shall be ascertain ed and ;o.ran~er or de. term!ning. determined as nearly as practicable uccordmg to the relative value of the taxa ble property in the respective parts of such former district or districts at the time of such di vision, and the fact th at such school house or other pro perty is not paid for shall not deprive such new district of its proportionate share of the value th ereof: P1·ovided That such new distr' ct shall remain bound rem.R10S New _dlstrlboct .a UDu for such indebtediless to the same extent as though the ~~~~deb~dnew district had not been formed; unl ess in case of indebtedness not bonded the same be adjusted as hereinafter provided.

SEa. 10. If such old distri~t shall be subJ ect to any ~~~~~,; gi~C: bond ed indebtedness, and the am ount to which such new ~~~~esa~~I:· 1ed on accoun t of any sue h pro- i nstallmen ts. . · s J1al1 b. e ent1t d 1stnct perty shall not exceed its proportion a te share of such bonded indebtedness, the a mount to whi ch such , new district shall be entitled as aforesaid shall be apporti on1

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pers if th e sa m e n a m e a ppear upon diffe re nt pape rs. \Yh e n pefilions a s king con trary tb~ngs arc p resented th e county s uperint e nde nt shoul d d o n oth ing t ill som e course IS agr eed upo · SEc 6. Eve ry qnnlifi ed v ote r sh o ul d be n otified ; but failu re to n otifY. on e or . more w~~~~ 110t inva lirla te t he a ctio n of th e m eetin " unl ess J'rn uct coul d be shown . [See seCL!Oll ~·1 · II are ''qU tliifi ed vote rs" a nd Cllti i]Cd tO ti::J s n otice )n ay lle seen Sta te rt ill Sees. 4 an d o, ~¥ j/V v ol' F or th e form of this n otice und t,Jw p ro pe r re turn. see Po rms I a nd II, n ear the end o t 15 SEc 9 The di vision o f s"h ool d is tricts a n d school property is on e of th e m ost imp~rtn nt f~n delicn te Of th e ' u pcrint e nflent's du ties. a iWil.\'S to be pe rfo rm ed With enre fl lld dchber~ible 'Th e di v ision of prope1·ty sh oultl be m ndt: wh im th e .d istri"t is d i v_i de?, o r a s soon ns p ota k en lhcrenfte r. \1 h e re thl' re •u·e d e bt s. whic h mu st b e p n1d by !he ol rl th stn c t. th ey. s h oul d, be ment into a ccou nt in the d ivision o f the p rope rty. 'fh E_l li npcril.ncn rt e nt mus t u se !11~ bes t .JU~g .. usin es tima ting t h e val u e of scb oo11prope rty . k eepm g ll1 mmd th a t the la w r eqmres him 0 how ce ~tnin und d e le rm in e th e a m ount jus 1l y d ue" t? tl~e new d istric t. ~e~ ti on 11 sta tes clen.~ 1 :;j. but.

1h1s mon e y is to ren<·h th e treusury 01 th e n e w rl1st n c t. _ Funds ncermn g fr.om tnx es m Ieh ould not co ll ecte d s h ou ld be ta ken into a ccount in th1s d iVISIOn. '£be b oud ed mdebted ness s be a djusted . ' In appl y inu secti o ns 9 a nd 11 t o : h e division of a d is trict whi ch is bond ed , i t must b e reJilembercd 1hnt th e bon ds are o f th e n a tu1·e of a m or tgap;e on a ll th e laud a nd prop e r ty of th e · ori!l"innl dis tri ct . n.nd that this i u c um brn.n ce (·un n ot be r em oved from any p a rt of lt by th e divisiOn. bee Special act Ill, t;ec.l4 , puge 19 of t his v olume. .

Wh en the division o f a dist ri ct hns b een compl eted b y a Co unt~- Su perinte nd ent, h1 s succcsso.r <'ann ~ t r e -ope n nnd a djus t it ngn in ; but _n. >'~pe r intc nd c nt ~v h o finds out that b e has m a d e, "senou s m1stnke, may corrcot s u1'11 m ista ke With111 r ea so nable time.

To divid e a joint d istrict the same forma lities a re r equ isite as in any othe r.

Debts o f 11 district ca n uot b e divided 11nd nppo rtiou e d without the consent of cr~ dito ~s.

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THE SCHOOL LA.

ed so ~s to come due in installments proportionately at such times as the original indebtedness shall become due to the creditors of the old district. .

Co. Supt. shall S 11 Th g~~ii: tD co.

Eo.. · e amq_unt of such proportion, when so ascertamed ~nd ,determined, shall be certified by the county supenntendent to the county cler·l . · r, w h o s h all present the sa1d amount to the county board t th · . a e sesswn next succecdmg, whose duty it shall be . . at the pro eo. board to ns- per ·bme or times to assess the same up th . sess upon tnxaon e tax abl ;t,!e ~ropertLy. ofproperty of the district retaining the sch l h c <llstnct re nm00 0 ·hing school other property of the former district 1·n th use or· ouse. ' e same ner as if the sa me had been authorized b mansuch district, and the money so assessed sha~ ~-vote of to the credit of the new district. e Placed

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Amount shall SEc. 12. When collected, such amount shall be paid to the De W district over to the treasurer of the new district to b be PaiQ. . ' e ap . to the use thereof in the same manner, under th ~heq . e dlr tion of its proper officers, as If such sum bad bee e~ed and r a ised by said district for building a school~ "ot _ 0 Uf3 or other district purposes. /

SEc. 13. Whenever, by the division of any d' c o. Supt. may sell school house when the school house or site thereof shall no long~r ~stric ordered. venien tly located for school purposes, and shall e co:n. ... desired by the district in which it may be situ tnot b~ . . a ed th county superintendent of the county in whi h ' C SUnL school house and site shall be located, may whe ~ d b h d · · d t' d fl b ' n orde:r e ~ t e .1stnct, a ver 1~e anh se t e same at publior pnvate sale and apportiOn t ~proceeds:

Provided, That when sold at private sale su h \Private sale :shall be approved by the shall not be. binding until approved by the distrc· ts~l lC lU -district. terested.

-.

The action of the district Ia not required to levy the tax thus made ne --..., beyond Its control. The county commissioners are the proper persons to leVy ?:ssary, anQ 1 The whole amount need not be levied at once, but may be put into two or mor 1 SEC. 13. For errors of judgment and mistakes in the performance of this one e ev!cs. · te nden t IB· no t pecunmnly · · responstble, · · evtdence · un1ess th ere IB of fraud. rous Th duty -' tl\ Supenn .endent sho,uld take ample time and acquaint himself fully with the facts. e Super!\\, SEC. 11.

i t is

~S

19

OF NEBRA.S.KA. ·

SEc. 14. The money arising from the sale of school Money shall be d ·t h · ' divided, how. onse an s1 e, or ot · erw1se, except teachers' fund, shall be divided among the several districts created in whole or in part from the divided districts as nearly as practicable in proportion to the taxable property of the di s tricts formed in whole or in part by such division. h

SEc:- 15. Money on hand belonging to the teachers' •reachers' fu nd f un d o f sa1'd d'IS t nc · t s h a 11 b e d'1VI'd e d In · proportion toed must be dividat once. the number of scholars in each district at the time of said division. The money d esignated in this and the preceding section shall be divided at once, and not i'n the manner provided in sec.tion 11 of this subdi xision.

SEa. 16. Whenever a new district shall be organized unbonded , ., d"1stnct,. . be f:rom t h e terntory o f· a iOrmer an d 1~; h ere shall debts taken must into acbe any indebtedness of such former district which shall not be bonded, such unbonded indebtedness shall betaken into account in estimating the sum due from the old to the new district on account of school house or other property, and such new district shall be entitled to only the value of its proportionate share ·Of such property after deducting its like share of such indebtedness.

count.

SEc. 17. Every change in district boundary lines must Chauges .in

boundanes ed to Co. Clerk county treasurer, by the county superintendent; and the urer. and Co;_,Treasmap county superintendent shall keep in the office of the must be kept.

be reported as soon as made to the county clerk and the must b e report-

county clerk a map ot the school districts of the county, SEes. 14 and 15. Money on hand when a district Ia divided Is to be treated as follows: The teachers' fund, including proceeds of tax for teachers' wages and the state apportionment, according to section 15 . The remaining funds (both in county and district treasury) will be divided according to section 14,- that is, in proportion to the taxable.property of the districts concerned.

An apportionment made to a district oJler ft has been divided, and btifore the next annual meeting, will be divided by the Superintendent according to section 15.

The tax l e vy may be divided by the county superintendent,' if the county treasurer Ia williqg to make the requisite change on his boun:s before the tax is collected. The Treasurer will generally allow this change to be made by the Superintendent.

When a county superintendent hns ordered mouey paid by one district to another, and the district nel?lects or refuses to pay it, the 'treasurer of the district to which the money is due may apply to the court for n mandamus to compel the ofllctolrs of the delinquent district to pay the money.

"

20

THE SCHOOL LAWS OF NE:BR.ASXA •.

which maps shall be revised as often as the b d · oun ary 1.mea of d'1stncts are chanrred or new dist · t -~" "' nc s lOrmed J:b~CU~J: SEc. 18. Whenever a district is dissatisfied . h · . is.i d' . . f h l with div ·on. lVlSlOn o sc oo property made by the. c t Wit the . . . . . oun y s npel'ln tendent, the p omts 10 di spute may be referr d . . d ' e to .three d ISm terestc persons, no one of whom shall be · 1 ·d'IBtrictmtercste · · d 1n · the m atter· t .a resident o f e1t1er to be chosen by the school l;loard of each ad' Isstte . ' one et ' aud these two to choose a third, and the decisio 1Stl·1 f of them shall be fiual. n any two How to proSEc. 19. TL1e ma nner of proceeding shall b ceed. . e snb 8 t an_ tially as follows: Tile district desiring an arbitration shall m ak~e a District deslr· ' ing nrbit1raud·on m and in wri tin 0' of the conn ty superintendent d e_ sbnll mn <e e"' Witb· mandofCo. ten day's after said supe rintendent has made h ' l Q. Supt. ~ s awa 1 The county superinten dent sh all notify the other d' 'cl_ • .

• • IS tJ•j or distncts, and d1rect them to choose arbitrators.

Ct county superintendent s hall appoint a time and l'b.l;j for the bearing, at which the ar~itrators shall pr:~acl;j immedia tely to bear and determme the m a tter . eed . . . . . . at ·Is accordwg to JllStlce and r1ght, takmg all the . 8 1le . ,C ircut-..stances into cons1'd eration. ~, SEc . .20. Tbe award of arbit1·ators shaH be in .

Award must be WI'l ti in writing:f!d and shall be til ed with the county snperintend ng, shall be fin • • en t, a d shall be .fin a]: P romded, That 1f no award is lll d n When no . . I . th II' . tY d ay s fjrom t h e day of a e by award !a made. the com IDl ttee Wl t lln · · · · tratiOn, t h e dlVlSIOn ma de bY the coun ty superint arbj_ d . en ent . shall be legal and vahd. l"ees ofarbitra- SEc. 21. The fees for such a:'r bitrators shall be I as fol1 ors. lows:

THE SCHOOL LAWS

Th e distr!CUJ shall pay the

Each person engaged as arbitrator shall rece · 1 \7e two . dollars per day during the tune necessarily occupied ' to Persons living be paid equally by the districts. i n different SEc. 22. Tha t when persons living in two or lllore c<luntJes.may I II umon t· d esll'e · t o 10rm -~" · t , 1· t shall be th fol' district. Man- conn res a sc h oo I d.1s t rrc nerofproce- d f h • d f' th .

• e dure. nty o t e supennten ents o e respect1ve counties to ree~~.

NEBRASKA.

21

authorize the said persons to organize such district, and tb.e reports contemplated in this chapter shali be made to the superintendents of each county, parts of which form the district, of such property or children as may be Within the limits of each such organized county. .

SUBDIVISION II-DISTRICT MEETINGS.

°

I

OF

t.

2· 3· 4· 5· G. 7• 8.

Annual meeting-school year.

9.

Special meeting-how called.

10. ~otice shall be givim.

11.

Qualifications of voters.

12.

Procecdiugs in cnsCl of challenge.

Votes may be rejected. Penalty 13. for false onth.

14.

Challenge whCln ~ntertained : I 15. ;Adjourued meeLmgs to des1gnate / 16. school site.

Site chosen by Co. Supt.-W)lcn.

Providing funds for site, Voting tax.

Number of mills for building purposes.

How expended.

Determine length of term.

Sale of property.

Prosecution and defence of su!tB.

SEc · 1 The annual school meeting of each school f\,nnual meet• • ~~ali~= district shall be held a~ the school 4ouse, if there be one, 1~fonday in or at some other suitable place within ' the district, o~ the first Mond ay of April of each year, and the school Year shall commence with that day.

SEo · 2 • Special meetin!!S may be called by the dis- may Five have voters ~ trict board, or any one of them, on the written request ~~d.lmeetiug of any five legal voters of the district, by giving the notice required in the nex.t succeeding section; and in ap notices of t;pecial meetings -the object of the meeting ~g:;~n~us~!e shall be stated, and no business Ehall be tra nsacted at ~~~~~ed in such· meetings except such as is mentioned in the call.

SEc. 2. The names of the live pers..ons who made the request for the call should be recorded in tlie minutes. The district officers may constitute three of the fi\'C. Th ~re seems n~ :e~Qn Why the board may not call a special meeting without the formality of five voters petitlOillllg for it but the authority for cnlliug the meeting should be stated in the minutes. When .a spccl~l meeting adjourns to another tinie, new nctices should be put up ; but a failure to do this WOuld not render the adjourned meeting illegal. Certain things mentioned in sees. U, 12, and 14 can be legally de,termined at the annual mee~ing only. . 'l.'o some extent the calling of a special meetmg is at the discretion of the board; but when· ever public interest demands it, then it is mandatory. An annU&l or special. meetin.& held iJl the evenina (after ni"llt1 would not be itleg>Ll. One copy of the notice should be posted 11,POil the school house doo;, See Section 4, Sub-div. I.

THE SCHOOL LAWS OF NEBRASKA. THE SCHOOL L.A.WS OF NEBRASKA.

~~~~en~~;~ be anys beforeband.

I

Pro~eedings_

SEo. 3. All notices of annual or district m t' .c.t th 'C ee ln o-s a 1 ' er . e urst meeting has been held as aftor 'd ho ' h esal ' s all state t e ~a~, hour and place of meeting (which la shall be w1thm the district) and shall b .

P ce e given at le t ' :fit.teen days previous to such meeting b . as · th ereof m · three public ' . Y- . postmg uP copies places with. h . .

In t e dist . b nt no annual meeting shall be deemed ·n rJct; 1 egal for want of such notice.

SEo. 4. Every person, male or female wh sided in the district forty days and is twe~t 0 has re. , .

Y-one y old and who owns real property m the dist . t ears nc or sonal property that was assessed in his or h Per. er na.lll the last annual assessment; or who has children of e at age residing in the district, shall be entitled t school . . o "ote . . any dJstriCt meetmg. at

SEo. 5.

If any person offering to vote at a sch ~~*ife;~!XJB trict meeting shall be challenged as unqualified ~ol diEk legal voter in such district, the chairman · presict·y an)r such meeting shall declare to the person challen tng at qualifications of a voter, and if such person sh ~ed the that be or sh e is qualified, and the challenge s~ l state be withdrawn, the said chairman shall adr . _all not niniste oath or ntllnn-him or her a_n oath , in' substance as follows : ''Y 1' to amon. solemnly swear (or a ffirm) that you are twenty-on on do , e Ye a rs SEC. 4. In general, where a man lives or claims his home, and where h . iJege of n resident citizen, may be considered his place of residence. The att e enJoys the pr· all cases a man must prove_hi~ intent~on as to the olace of hi_s residence ~~~e{generul : ..~ family and goods from th.e d1strrct, and It can be proved t!1at_ he mtends to claim ~ -rem.o'V'e his in some other place, he JS no longer a resident of the dJstrJCt." A homeste d 18 resiaenc residence except in the district in which his homestead is locatea. Just'a er can have noe · · which his hnbi•~t·Ice 1\Inx "That place WJ"11 be cons1'dered the res1dence of a person m . wen says . ' I ent'wn of removmg · · "" IOU out any present tn therefrom, and to which, whenever he . IS fil(ed, with-· the intention of returning."

• l S absent, h e has: The moderator bas a right to vote at a school meeting whether there is t' ' h as but one vote. . a Ie or not, but he

•

of age, that you have resided in this school district for forty days last past, that yon own real property in the district, or personal property that was assessed in your name at the last assessment (or have ch~Idren of school age residing in the district) so help you God." And every person taking such oath shall be permitted to vote on all questions proposed at such meeting.

SEc. 6. If any person so challenged shall refuse to Persons refus. . ing totake oath ta k e such oath, his or her vote shall be reJected, and v~te must be reJected. any person who shall wilfully take a faise oath, or make r enalty, perJury. a false affirmation under the provisions of the preceding section, shall be deemed guilty of perjury, and be punished accordingly.

SEa. 7. When any question is taken in any oth er Challenge, how . . made when the manner than by ballot, a challenge Immediately after vote taken is . not by ballot. the vote has been taken, and prevwns to an announcement of the vote by the chair, shall be de.emed to be made when offering to vote, and treated in the same manner.

SEa. 8. The qualified voters in the school district, Qualitledvotei'II . may adjourn in whe n lawfully assem ble d , s 11aII h ave power to a dJ OUrn order .to designate s1te. from time to time, as may be necessa ry, to desig nate a site for a school house, by a vote of two-thiras of t h ose p r esent, and to change the same by a similar vote at any reg ular m eeting: P1·ovid~d, That in any school dist rict whe re t h e school school house 'l may be moved h ouse is located t h r ee-fo urth s o f one mi e o,r m or e from when incon... veniently lothe center of such district, such school house site may be cated. changed to... a point nearer the geographical center of t he district by a m aj ority vote of those present at any such school meeting .

SEa. 9. When no site can b e established by such SEc. s. The " three-fourths of a mile " mentioRed in the proviso to this section should be measured on a straight line joining the school house and the geographical center of the district, · By net of Congress (Murch 3, 1873), it was enacted that a person occupying a homestead or pre-emption, shall have the right to transfer by warranty against his own nets, any

24

THE

SCHOOL LVWs OF NEBRASKA.

~d~~~~~K· inhabitants aforesaid, the . circ:umstances, the county in h" h county snpenn tendent of dcs•gnate the W lC the distrt"ct · "t site. t .

IS st uated s} ll d ermme w1tere such site shall ·b , .

1a eehall be certified to the d" e, ~nd hts determination . trector of the dist · He maJ;.c;hange be final, except t.hat such d . . rtct, and shaH his deCisiOn on ecJston may be h re~uest oftwo·the county superintend t . c ano·ed b 0 tbuds. en on a wr1tten r Y thirds of the qualified voters f th d" . equest of tw o e Istnct 0~oters may di· SEC. 10. The, said q uahfied t . . rect the pur· vo e(s shall l chase or lease power, at any regular or special . a so ha ~e ofschool . lUeetJn house. the purchasmg or leasing of any a) . g, to dil" "ld" I. .

I propnate . ect 8 tte a t h e b UI wg, nnng, or purchasinoo of .n a Bch l , l:l.d 00 hot and the amount necessary to be expend d e ·the lse 8 ttccc ing' year, and to vote a tax on the prope t ' r Y of Ccl trict for the payment of the same. Not to the c1 · section 2. confl ict ~ ~­

~i q~ .

SEa. 11. The legal voters at any an 11 ua l .May determ!lle th_entllll:crof shall determine by vote the number of mill llleetih. mills to e S 011 · L . '4 Ie~~e~~~rJaroftheassessed valu ation which shall b ttJ.e q ~ sc . . e le . ol poses. all purposes -excep t for the p aymen t of b d "~ ed -t. . . on eel . _.C).t1 lldet. edoess and purchase or lease of school l 1onse ut_ number shall not exceed twenty -fi ve (25) . . --~bi l... , d h 111111 8 1.

Cq n a Board must ye'a r. 1he tax so vote s all be report d report tax tLe q ll 1• J?" voted to eo. trict board to the county clerk, an d s:a11 by b a_ Clerk. by the county board, and collected as othe t e le""iect r axes SEo. 12. Tbe legal voters. m ay. also • at SUch · May ~eterm lne !~~~~~l:;o~0 determine the number of mllls not exceed" llleetinno buildingt not lOg ten to exeeea ten oti the dollar of assessed valuation which sh ll'lills mills. p eQded for the building, purchase, or le aU be e~a se of bouse in said district, when there are 00 b Schoo} for such purpose, which amount shall be onds ~oted report 0 d vied . and collected as in the preced i n 00 s t " , leo ec 1on :p vided, that the aggregate number of mills · l'O. Voted ,8 h • not exceed twenty-five (25) mills. all <::)

part of his homutead or pre-emption for a site for a school house; and th. h title. ' I lS s au not Vitia't e hJe SEC. 11. The board vote .the tax, the commissioners levv it. A tax ma b meeting. The aggregute school tax which a. dis~rict can vote for aU P y 0 voted at a sPecial than twenty-five mllls on the dollar of assessed valuation, u.rposes cannot be Ill~

THE SCHOOL LAWS OF NEBRASKA.

h

SEo. 13.

The tax levied and collected 1 a~ })l"Ovided by Tax to be ex. pended under:

t e preceding section, shall be expended under the di- ~~e~=~oaoc

l"ection of the district m ade -at the a nn ual m eetinO" or in 51 absence of such dire.c tion, then such tax shall be expended as the district board of the district m ay direct. · Money rem aining i n the treasury after the purpose for Which it was r aised has been accomplished and after all debts, for which the fu nd i s li able, have bQen discharged , may be transferred to any other fund of the district, a t any regq lar called meeting.

SEc . 14. They ,may also determine a t each annual May deteanIne meeting, the length of time a school shall be taught in :;,_~~~7sr or the dis trict the ensui ng year,. which, to entitle the dis- scllool. trict to any portion of t he state fnud, shall not be less Must not be .. t h an three months by a lea-ally q naltfied teacher in t he monl.ha.

Jess than three o district which has less than thirty-fi ve pupils, nor less than six months in districts that have between thirtvfive and one hundered pupils, nor less than nine months in dis tricts where there a re more than one hundred pupils; and whether the mon ey apportioned or voted for t h e s upport of the school therein shall be applied to the I

SEc. 13. Moneys derived f;·om stute funds. and aporlioned by county superintendeut, ca.n. be used for no other purpose, except to pay teachers' wages. School offi cers who use any part of such funds for any o~b er puq)ose beeome personally linble to the district for the amount thus used, and nre liable to be prosecuted for malfeasnnce in olfice. As regards money raised by district tax: (1) When the district has direeted the manner in which this tax shall be expended, the officers are bound to follow ~uch direction. The fact that the district at a meeetln~ voted a tax for a particulnr purpose. is held to be " direction" as regards the money derived from th,1t specific part of the tax. (2) • When the district has no: specified nny particulars ill. voting the tax nor dircctdd the board in any mnuner as to the disbursement of the school funds. then the district officers may pay out the funds ns called for. aud nt tbeir discretion (except the Slate apportionment. as mentioned abOH'). When muney has been raised for building purposes, or any other specific purpose, and has uot been expended. the district at a regular meeting. muy transfer such money to any other fund. The building fund could not"l?t' legallT transferred to the teachers' fund as long as there were debts due ag.tiust the district for buildiug expenses. Funds derived from the state cannot be legally transferred from the teachers' fund in any manner whnlever. (Sec lust part of Sec. 1, Sub-div. XI, and lnst clause o~ee. II, Article VIII of the constitution.)

If a dl& trict. at the annual meeting, leave th_e leugtb of term of school to the discretion of the school board, It can be compelled to make good the reasonable contracts entered int<> by the boarc:i.

The"' direction" spoken of in this section is general, and not special ; it cannot descend te all the details of school managment.

• I

26 THE

SCHOOL LAWS OF . NEBRASKA.

T HE

winter or summer term or a t .

Provided, that in case f "d cet: am_ portion to each t h o ept emiC SlCkness prevailin.()o o sue an extent that th h <::> may deem it expedient t e sc ool board in any district their district or if o close any or all schools within . school house 'it sha,llobn ~ccoun~ of the destructipn of the ' e tmposstbl t · suchclosingofschoolssh 11 e ocontmuetheschoo} drawing its proper sh a nfot prevent any district fro~ s nch Sickness . are 0 the state · or destruction apporttonment. sworn to by the distr· t b of school house shall b 1c oard h" h e with the county superintend en~ w. lC. op.th shall be fileq annual' school meeting.

Wtthm ten days after the T wo-third!!

SEc. 15. Said qualified may authorize . voters shall als l ar meetmg, the sale of authorize aud d' o, at any reg property.

1rect by a tw th· ll., th l f e sa e o any school house 't b . . o- Irds Vot . ' Sl e, ulld1ng e perty b e l ongmg to the dist . t h or other n nc w en the t"'ro . longer be needed for the use f' th d' same shall , DISt . may con0 e !Strict llo yey property re al estate is sold the dis tr· t ; and ........ h m what man. ' lC m ay convey th "" ell. ner. d eed, Si g ned by the m oderato • t' h . e Satn.e b 1 0 t e dis trict " d eed, w hen a cknow led O'ed by s h fti ' a nd " " . . o u c o cer to b "llc \.. th e dlstn c t, m ay be r ecorded . th 'ffi e the a nt ' '-t 1 In e 0 ce of th ()t of d eeds of the county in whiah tl . 1 e rec o 1-d lCi ea estat · ~~ in like m a nn er a s o the r deed s . e Is situated 'v

1 .

SEa. 16.

They m ay also g ive h .

May prov1de s ue dne t' ro_r prosecution make such provisions a s they , c lOns and defense. m ay d eem ne al1 q_ rel a ti on t o the prosecnti on or d efe n se of a ,cessary i · w h'1c h t 11e d'1s tnct · may b e a p a rty o r i ny m t Proc eedh. l::\. __ _ _ . ' n c res ted.. · · ~ - -SEC. 14. The things mentioned in section 14 must be de t~ ~~~M~-%~ ~ and if not then determined must be left to the boa'rd. ll:leett" "The penalty which the law inflicts upon a district for not keeping up school is th l:llt , e f the next year's apportionment. Especial attention is called to the ch ange i n the 1e forreit\l. ing more months of school to be held. Preparation for this increase should be maw req0 .\ · ll.de ll.t t ltIt- ' annual meetmg.

SEC. 15. 'Ihe school house may be sold when no longer needed by the district.

Ill When real estate goes with n school house sold, the title deed should be mad trict, t.brough its officers._ 'Ihe last part of this section makes plain the manner by tb.e d· t.he property of the drstn ct. For form of deed, see Form XX at the close of tbi s 1)0Q];:Conve,.;,~' \ . ~

:r

J ...... ....

SCHOOL LAWS OF NEBRASK A.

27

SUBDIVISION HI-DISTRICT OFFICERS. Officers elected by ballot.

Officers elected at other than annual meeting.

3. Shall file written acceptance.

4. When organized.

5. Co. Supt. shall Kfve new notice.

6. Co. Supt. to appoint otlicerawhen.

1.

2.

7.

8.

9.

10.

ll.

Organized and entitled to rights .

Presumed legally organized.

Term of appointed officers.

Otlicer may teach upon petition of two-thirds.

When Treasurer refuses payment.

SEOTION 1. The qualified voters of every new dis- Shall elect ' • tnct, when assam ble d pursuan t t o l ega l notiCe, an d a ll moderator, rector, and di. . l . treasurer by existing distncts at thmr annua meetmgs, shall elect ballot. by ballot from the qualified voters of such district-a moderator for three years, a director for two years, and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, theirseveral successors shall be elected [by ballot] for the term successor shall be glccted. of three years each, and all officers so elected shall hold their offices till their successors are elected or appointed and qualified 1 P r ovtded, That officers of existing organized districts Officersd_oftr~xts­ istin ~

IS

IC .

shall continue and discharge the duties of their several ~~~Pr~jj~~~~~ offices until the ex piration of t he sa me. term.

SEa. 2. When a new dis trict is organized and officers Time intervening between . . elected at any other time than at the a nnual meetmg, election and ' annunl meetthe time intervening between the date of such organiza- first ing year. constitutes · tion and the next annual meeting shall constitute the first y~a r in the term of such officers.

SEa. 3. Within ten days after their election, these shall file writ. h h d. . ten acceptance several officers shall til e w1t t e 1rector a wntten ac- with the director in ten days. ceptance of the offices to which they shall have been re' spectively elected, which shall be recorded by said director.

SEc. 1. The newly elected director must file his acceptance with his predecessor, or, if he bad uone, it should be written out and k!)pt with the papers in his offi.ce.

SEc . s. If an officer fails to file his acceptance within ten days after his election, the office s vacant, and the other members of the board should immediately appoint one. A school offi·

"

28 ·

District 0 ..., deemed L:JEO. 4:.

Every such scb l ~a.nized w~en d l .

00 a6~P~e filed n y orgamzed when any two ce. the first meeting, shall have aforesaid.

1

I

THE SCHOOL . LAWS OF

THE SCllO OL LAWS OF NEBlt:A SK..II..

d. .

Jstnct shall be deemed of th fii . e o. cet·s, elected at filed thetr acceptance as

Failure to orSEO. • 5 • I n case the inhab1" ta t ga nlze shall be f""l "' nsofanyd " t• fo11 owedb newnoucl. a1 to organize the same in lS net shall co ' pursuance of h as atoresaid, the said count su . sue not ice anewnoticein themannerhy·. pbenntendent shall give · erem efore p ·a same proceeding shall be h d th rovt ed, and the f h a ereon as if no 1ce ad been delivered. no previous

~e~ ~~~~ecSEa. 6. In all ca~es where the co eo. s.upt. shall of any county shall f"o . unty superintend fi~mt ortm a school distri • ent wher~ n~ election for school district ffi ct t,herein, and thermn, It shall be the dut f h o cera shall beh 1 Y o t e countv e d ent of the county in wh · ·h . . J superinte . tc snch dtstrict · · nd_ appomt the officers of h d" . lS Situated sue tstnct f· h ' to ers thereof, which offic tom t e leg al file wi th the director a e;rit:tus ap-pointed shall to which they shall h a b ten accepta nce of' the o~ 'Y' . ve een a . d J.J.J.Ces recorded by the direct or. . p~omte , which shall b e

sever:~t..

Deemed organ- SEa. 7. E ve ry such sch 1 d" . . ized when two .

OO IS trtet h 11 b have filed uc- org a mzed whe never a , s a e d eemed d ceptance. ny two of l nl'J" 18 poin ted shall have filed th . t officers thus . en· a ccer)t ap _ an d sue h s ch ool dis trict . offi a nce as aforesa. · and tts , 1·d cera .. shall .to all t h e ri ,.,o-hts, p rivilecres , 'an d i'm fn , be entitl eq• Ject t o a ll the duties and liab"l · . nnttws, !).nd be sub t t tte s c " · distri c ts by law .

Onterred upon sch oal--------------~----

cer's term expires as soon as his successd; is clccterr ,' elected to hold certain positions cannot exchange thes and ~las filed hiS ac · of the office to which they were eler.tcd ' Appointede/mosttions, hutfi mnst cpep~ance. ·r I t d eers must l cr.orm theOfl'l.ce~ d -.. samet tas h1 lde eG e . A verbal acceptance is not sufficient T he l a w e their a cceptauc ntt.,-.._ men . o o tl1e offi ce to be on tile with ihe director. The· filing of h~equires a Writte es tl,~ electSIS held to be the. same in effect as a formal \l'rittcn acceP tance. IS bond by th e treaa n ng~.

4 1 EC . . n orgnmzmg a new district, great cu.re should be taken to hn ~ and to preserve ve all the steps · 1 . .full,. clear and . accurate record of all the procee d'mgs · sine ft d year a er n tstnct IS ~rgamzed.' nnr charge of illegality in its formalio~ m e, during t e~ ence to the records of 1ts orgnmzation. and bv Sec· 8' Su"d' I ust be met bile tll:'il; fi · · u I V• • such records y ac~ evt'dence of th e facts therein set 'forth: .But after a district has are llla<J.e re~er.., bnsmess for a year, according to Sec. 8' Subdiv· III• It is th en held to bebeen trnnsactinoa legal d'tstrtct, . a repr~ ,._ •....._..

i

NEBRASKA.

29

8Eo. 8. Every school district shall, in all ca·ses, be District sha ll ' d h b · be presumed presume to a ve een legally organi z ed when it shall 1zed !cgully or:;nn. alter one have exeretsed the fra nchises and pri v ileges of a dis trict year. for the term of one year.

S n:o. 9. Dis trict o ffi ce rs elected or appointed .to fill Hold until the · s h a 11 l:t) ld t h etr · o fli ces until t h e nex t . annnal meeting. ne"t o.nnunl vaca netes mee ting .

SEc. 10. No person holdin g a school di st rict office Of!Icerof distrJCt may teach shall be e mpl oyed t o teach in the district of w h ich h e 110 1potn pehti.tidson WO·t 1r . is an office r, unless upon a pe titi on sig ned by .t wo -th irds of the l egal voter§ of the d istrict, which p etition sh a ll be filed with the pap ers of th e di stri ct. The contrac t of such offi cer sh all be m ad e by th e o ther m e mbers of the di s trict boa rd.

SEo. 11. W he ne ve r a director or m odera tor ref •uses Flnnnclal dis· ag reemen t n1ny to si ::::>"'n orde t·s on the treasurer, or the treasurer thi nk s be referred • the Co . Suptto best to· r e fu se the p ay m e nt of orders drawn u p on him, the difficulty shall b e ref~n·ed for adjudica tion to t he county superintendent, who sh all proceed at once to in'Vestigate the m atter, and if be :finds that the . officer ti:Ornpla ined of refnses thi"ou g h contumacy or fo r insnf- Tha dntyof · · s h al 1 b e t h e d nty o f t I1e snpenntend· Co. SupL to a p:fiment reasons, 1t ply for writ of · m=damU.9. ent, on b eh alf of the district, to apply' to , the proper court for a writ of m anda mus to compei the officer' to , perform his du ty.

\

• 30

T HE SCH OOL LA.WS OF N EBRA.SKA .

1.

2.

S. ~-

5.

6.

7.

8.

9.

10 .

11 .

12.

Duties of the moderator.

THE

SUBDIVISION IV. DISTRICT OFFICERS POWERS AND DUTIES. ' Moderator shall preside, etc. provide necess May order disorderly person to 13. Shall dages for school ho nry ll.ppen.withdraw.

H. Shnll present itemiz:e~st· Penalty for refusal to withdraw. give notice or a tlllnte.

Treasurer file bond with countv ' 15. Shall ing. nnualmeetclerk, and penalty for failure. 16 .

Shall dr!J.w nnd sign or Duties of treasurer.

17 . ,Shall report to ooun ders.

Shall keep record, etc. tendent. ty B Uperill__ Shall appear for the district.

18. County Superintend Insuflicierrt bond. ~inlster oath. ent lllay llCI_ Director shall be clerk.

19. Dt.rector shall furnish B Shall record proceedings. of aggregate vnluatto tntellle Shall contract with teachers.

(See Sec. 10' Subdiv . .a.l.) ...,.n· t:l. t:.

Shall take census.

S~o. 1. The moderator shall have power, and it

be hts duty, to preside at all meetings of th d' .shal l ~ e lSb·lct L countet·sign all orders upon the trea . surer 10r mo ' ~ be dtsbursed by the district and ll Ue;ys t . ' a wan·an ts C> duector on the county treasurer f, . of th.

Ol moneys r ai . . d tstnct purposes, or apportioned t th d' . Sed fo . o e Istnct b :tcounty s upermtenden t · but if th Y tb. ' e moderator b absent from any district meeti th . s all b ng, e q nahfie 1 ~ present may elect a suitable [perso n] to . c "ote1• meeting. pres1de at th ~ Moderatormay SEc. 2. If at any district meet1·0 order the withg any pe drawal or ar- cond net himself or herself in a dt's ·d 1 rson shall rest of disor.

01 er y m ann derly person. after notice of the moderator or p •· . . er, atlq . . erson prestdtn persist therem, the moderator or p . g, shall . . erson prestdin "' order h1m or her to Withdraw from th t' G tna-.-.. e mee 1ng a J )lis or her refusal, may order any constable or ' lld Or. . , any Ot} ~ person or persons to take h1m or her into custod l(!l., the meeting shall be adjourned. y llllt~~ Wilful disSEa. 3. Any person or persons who shall ref turbers of meetings sh&ll withdraw from such meeting on being so ordered Use t<::l be fined .

as 'Pt0,

SEC. 1. When the moderator refuses to sign orders legally issued by the dir t compelled to do so by mandnmu.s. (See Sec. 11, Subdl~ision ill.) ec or, he Can be When the moderator is absent, one should be appomted. The director is cl k ing, and has no right to preside in the absence of the moderator. er or the llteet-

SCHOO L LAWS OF Nl<~BRASKA .

31

vided in the preceding section, or who shall wilfully dist urb such meeting, shall, on conviction thereof, be fin ed a. s um not exceeding twenty dollars, which fine shall be paid in to the school fund of the di strict. ·

SEa. 4.

The t reasurer of each district shall, within Treasurer must · . e l ectwn, f ten days a ter h IS execu t e t o th e county an d filebondofSOQO in ten days . . b ). file with the dtrector a ond o f' not l ess than nve hun- wiUt director. dred dollars in any instance, n or less than double the amo unt of money, as near as can be ascer tain ed, to come in,to hi s hand s as treasurer at any one time, with suffi- Moderator and • • · t or an d mo d e- director Cient suretiCs, to 1.ue appro ve d by tl\e d uec prove. to ap· rator conditioned for the faithful discharge of t h ~ duties ' . of his office; such bond when approved shall be filed by And fil e with the direc tor in th e office of the county clerk of the co. Clerk. co nn ty wherein the school <;listrict is situa ted ; and if the Failure to ex c. . to exec n te sue h b on d , h'IS office , va· treasurer shall farl sball cute ontes bond his omc~. be declared vacau t by the district board, and the board shall immediately appoint a treasurer, who shall be subject to the same condition and possess the same powers a s if elected t o that office.

SEc. 5. It shall be the duty of the treasurer of each ~[J~~srarre~-:;a · ~ · f r 0 m th e conn t y t reas- fromco.Treasreceives fun ds dist rict to appl y1or an d receJve d t th d. . urer upon or· . urer all school moneys appor t wne o · e rstnct order ofcti:ector . . . coun tersig ned collected for the same by sard conn ty treasurer , upon ty moderator. order of _the director, countersigned by the · moderator, and to p~y over on the order of the director, counterS. 4 The treasurer should not be allowed to draw money from the county treasury ti~l be h~cru~d his bond.. .The other members of the board should not be sureties on the treasur?r·s b d 'A school treasurer may hold other offices, county or precinct. When a board allm\s a ,vltose bond has not been approved, to handle public the members of· the t on · . .funds, dedboard that brcasurer,· dividually liable for any loss that may occur. DlStrict treasurers are remm t;~~':~ 'fend any part of the public money in their hands is an offense which, if proven u;?111 thr renders them liable to fine nnd imprisonment. (See Comp. Stat., page 469.) te upon emm,ust file his bond witq the director. and the treasurer . director must file it with the Coun tr Clerk The director should keep a record of both filmgs. . · •5• This money may be drawn tram &he county treasury at any rune when needed.

SEC (See section 1.) · d School district funds onn be paid out Iegan! only o~ the order _or the director, conn terstgne b th derator. ,such orders should not be ISSued till connterstgned.

Y ·.r~ mo ty treasurer has no right to receive orders drawn by the director In favor of an y one bu~ ::~trict treasurer, who is the only person authorized to receive district money from · the county treasurer, and he should pay no order until countersigned by the moderator.

THE

SCHOOL

LAWS

OF

NEBHASXA. THE SOHOOL L.A.WS OF NEBRASKA..

signed by the moderator of such district all ceived by him. ' moneys reShnu keep a.

SEc · 6 · The trea surer s b all keep a book f book in which · to spec_iry the the district in which h 1. 11 nrmshed by an:onn ts re' e sua e nter all th ~etved ;nnd d rource alsothe to ceived a n d d'b IS urse by him ecif - o- · e •mon eys r ewhom pnidout. source from which '. p ym o particul a rly th , . . money has been recei ved e fund 1t belongs, a nd the pers· , _and to what . . on or persons to b the obJeCt 1or which the sam e 1.Ll as b eeu P'. 'dw o m, and Shnll t a shall present n !'!Port~rescn. m writ. to the di st n· c t , at each annu aa lJ on t . ..l.l.e m g of receipts report iu writinO' t · · · rncetin auddisbursc: ol COU a101n 0' a sta teme t f' f{, a 0 ments,ex hibi . 1 bY b'un d nnng . n 0 all rn vouchers. andt receivec the pre d' o nev turn ovei·books . ce mg year, and . s papers, money, d1 sbursemen ts made by him wi th tb . of t h &c., to his sue. . . ' e Items of s ncl1 . ~ ~or. burse men ts, and exh1b1t th e vonche tl t' . rs tere or, and dt . , cl ose ot the term of J1 is office shall s tt l . a t th ~ • ' C C Wltb tb tnct board, and shall band over to 11 JS · sncccsso.e di s, .

1 Sai l! books and all rece ip ts, vouchers, orders a nd ing into his h ands as treasurer of tl d' .Papers n-. le Istt·Ic t t co "twith all moneys remaining in hi s h an d s as snch ' oge tb e r u~ ~~ Trensnrcr shall SEa. 7. It shall also be the c1 t f' b appear for the u .y 0 t e tre district unless appear for and on behalf of the dt'st .· t. asnrer t adver:;cly in. llC lU a1J snit b 0 terestcd; then by or agamst the sa me whene s l'Ollo-ht the director ' ver no o the . d.

5 must..nppear. shal1 be given by the qualified vote . h : Irectio11 . . . . rs tn t e dIs t .. s 11 ct meet wg, except m sm ts m which he . is . t ~ • .

• • In erested ad to the d1stnct; a nd m all such cas t 1· verse].., • es ne du·ect ·' appear for such district, if no other d ' . or sbal} .

1rect10ns sl l given as aforesaid. la l be SEa. 8. Whenever by the failure of ·h 18 .

Director snd sureti rl'e~~~~ ;{d-ay otherwise, the official bond of the district tre~sn es, 0 1· rlitional secur- comes m · tIe I opmwn · · o f tl1e o tl1er members of there1· ity or new b be, bond from the insnfficwnt . · t f rom loss, it shaHOal' r)~ treasurer. to protect t he d'lS.t nc the duty of the director and moderator to demand d be act· tional security, or a new bond of the treasurer. If tthc-l SEcriONB6 and 7. There is no provision in the hlW requiring the districltto set~ county treasurer. The district treasurer should settle with th e district nt the annual With the ann the terms nod Items of this settlement should be recorded in full. . llleet.illg, SEC. 8. See Sec. 10, subdivL qion XI. 0

33

treasurer refuse or neglect to procure a satisfactory bond They n:ny ded • h h clnre hiS office an present It tot . eot er members forapproval with- refus!l vncant if • to he comIll ten days after said demand, the said moderator and ply. director m ay declare his office vacant, and proceed to call a district meeting to elect a new treasurer to fill the unexpired term; P?'ovided, that nothing in this section shall be con- Shalluotinterstrued to interfere with the liabilities of principals and f[~gili'bt~ ~e sureties in such bond or the rights of sureties as defi.n- sureties. ed by law regulating official bonds.

SEa. 9. The director shall be clerk of the district board The director and of all district meetings when present, but if he shall shall be clerk. not be present, the' qualified voters may appoint a clerk for the time being, who shall certify the proceedi~gs to the director to be recorded by him.

SEo. 10. The director shall record all proceedings of shall re9~rdnlf • a b 00 k f Ul'DlS • 1Ie d by t h e district . . . Ill th e d !StriCt to be proceedings, preserve 1 of reports,copies kept for that purpose, and preserve copies of all reports keep booksand · pn.pers. made to the county superintendent, and safely preserve ' and keep all books and papers belonging to his office~ with the consent and ad vice of witb shnll and contrn.ct . SEa. 11. The director, , h.iro tb:e moderator and treasurer, or one of them, or under teacher. their direction, if he shall not concur, shall contract with and hire qualified teachers for and in the name of the disSEc. 11. The district, nt the n.nnnal meeting, may determine whether n. summer or winter school shall be taught (See Sec. 14, Subdi¥. II), but it is the business of the board to choose the teacher, and the dliector must mn.ke the formal contract with the person.so chosen. This contract is subject to certn.in limitations. It can be made with n. qualified teacher only. For who Ia & 'qualified teacher (See Sec. 1, Subdiv. IX.) The supreme court o.f t~e state-The ~~op~e, ex rd. Hunter, v. Peters, 4 Neb., 254.--hasdeclded Uur.t "The action of a maJOrity of n school dlStnct board will not bind the district, without notice ~a participation therein of the other members." , There n.re no legal holidays in Nebraskn.. A school bon.rd may direct the school to be closed on Thanksgiving, the Fourth of July, or similar occnaions, and not require the teacher to make up the time.

-· -, The school board are the proper parties to fix the wages of teachers; the district meeting cannot do it. · ' Unless a teacher n.grees on his contract to build fires and sweep the school house, he cannot be compelled to do it.

Applications tor employment mn.y be rec.eived by n.ny member of the board, but it is the business of the director to hire the teacher, who should be chosen nt the meeting of the board.

A district board cn.nnot mnke a legnl contract-one that will bind the district-with a teacher w.ho does not hold a ~nlid certificate, and members of the bonrd will be personally liable to tbe district for money patd to teachers who n.re not legally qunliiied.

34

THE SCHOOL LA'\yS OF NEBRASKA.

Contract must be in writing, must be en~

trict, which contract shall be in writing and sh all ha\e the consent of the moderator and treasurer, or one ot dorsed by whom. them, enqorsed thereon, and shall specify the wages per He mnst keep week or month as agreed by the parties, and a duplicate duplicate. thereof shall be :filed in his office.

I

)

. Moderator and P1'0Vided, that if 'the director shall refuse to treasurer may . tnn.ke make contract and s1gu- such contract when directed so t d b when. ' 0 0 y the moderator and treasurer. then it may be made d .

Dir~ctorsc sbsan ed by the moderator and treasurer· The d' ant f>JQ;nnotify o. u· nee or h l perintendent. notify the county superintendent at the time th s a l tract is made, of the l e_:Jgth of the proposed te~- con~ school, when the school shall begin and of the na: of 11~~:Jelo ~:;;_~be the teacher. And no n:o.ney belonging t~ the district sb 0:{ fe~~li:r~ed be paid for teaching to any but lega1l1y qualified tea h all Director shall SEc. 12. Within ten days previous to the aunt cl er~, take census · · within ten tnct meetmg, t h e d.nector s h a ll tak e the census la . dis ~ days. d 1s t nc t , an d rna k· e a 1'1s t 1n wnhng of the nam ot .hi s .. es of ll the children belonging thereto, between the aO'e a o 8 Of fi and twenty-one years, together with the names of ~e tax.payers in the district. . In case of the absenc a ll_ the Moderator or bility of the director, such census shall be t k e or lua, treasurer a en by th may act. moderator or treasurer, or such person as th e Affidn.vit ap- appoint, and a copy of such list' . ~e 1• 1·fied b y tehy~e rnay PS ~~~e~~~t of the persou taking such census by affid 't oath ' . av1 appe d to or endorsed thereon, setting forth that 't · n ed 1 1s a cor Jist of the names of all children belonging t th . rect 0 ' e .d1st l'lct · between the ages of five and twenty one yea rs, and h it was taken within ten days preceding the annual t at ing, shall be r e turned with the annual report 0 meet, director to the county superintendent. f the.

0

0

0

0

0

Cities allowed Provided, that in cities of t_he :first and second class thirty days. thirty (00) days shall be allowed for taking said cells'll es,

SEc. 13. The director shall, with the concurrer s.

Director with . . tee moderator or the m odera tor a nd trea surer, or etther of them Pl' . of treasurer . ;hall prov1de . ' , OVIde necessary nppeuclnges for the necessary appe nd age for th0 school house, and k . g oo J con d. . .1 • d . eep school bouse. the same m · 1t10n a nu r e pall' unnO' the t' ------------------~~~~~--~--~~~~--~~~----~~~ Itne 2 The census can be legally taken at no other time thna this. :-<o special c;:;:------: .l SEC. 1 · ' 1 ., lS report

THE

SCHOOL LAWS OF NEBRASKA..

35

school shall be taught in said school house and shall keep an accurate account of all expenses incurred by him as director. Such account shall be audited by the Moderator undindt treasurer a moderator and treasurer, and on their written order shall account. be paid out of the general school fund . · ' SEc 14 He shall present at each annual meetin&" an He mutis.t pr1e,-of · · '-' sentes m u e itemized estimate of the amounts n ecessary to be ex- ~i~~~~£or pended dur-ing the ensuing year for school purposes, and year. for the payment of the se rvices of any school dist rict officer; but no tax for these purposes shall be voted at T~;P~~~~~~s~ · meetmg, · ' • of th e same s h a ll be annual be v<ltedmeetat any spec1al un1ess no t 1ce ing or before . d l h expressed in the notice of such meetmg, an nn ess sue first .Monday in · h . ~ h June. special meeting shall be held between t e tune J.Or t e annual meeting and the first Monday of J nne. He shall . Shall present also present to' the annual mee t'mg as t a t emen t o f a 11 OIstntementor orders dra,wn; d f h ders drawn on the county treasurer, an t e amount o theamotmt . . . h and purpose of each and of all orders on the d1stnct treasurer, an d t e each. amount of each, for what purpose, and to whom given.

SEc. 15. He shall give the prescribed notice _of the ~~~~fn~,~~~i ' . . . l mee t -meetings. and specin.l annual distnct meetmgs, an d of a ll sueh spema ings as he shall be required to gi~e not ice ~f, in accordan-ce with the provisions of this chapter, one copy :.. of which for each meeting shall be p osted on the outer door of the school house, if there be one.

He sh_au all draw S EO. 16· He shall draw and sig n a ll orders upon the andsJgn treasurer for all moneys to be disbursed by the dis- ~~~~~~fu0r~r. orders - f'or also trict and all warrants upon t h e coun t,y t reasurer uponalltbeCo. ' · . . d Treasurer. moneys raised for distnct purposes, or apportwne to the district by the county superintendent, and present b lied for. ' Hence the importance of the lawns shown in the 3d cla.t!fe of Sec. 4, S~\div:i;-~ can e _ca ·u not exclude from th e census hst persons otherwise entttled be on 1 · d Marnage wtof time is required that children must live in a distriet before they are counte ~ta;gd lengt~ Children brought into a district within the ten days during which the c:;enshs al_lll b~ tafr~~n~y already counted 111 the d is~ri_?t from Which tiley caine, should be Usted 10 t e IS· trict to ":bich they have come. and ~tr!Cken fr?m the other.. . I . , .t 1 the 110111eo f n. child is wtth ~ts parents or gunrdtnn. ns~~'.1 iia If districts tlesire to pay th en· school officers,they must, n.t the au nun.! meeting' 0 e a tax for this purpos~. ·t - this state has decided that" The district oard. have no an"Ec 16 The supteme cou1 o1 · not . _by.·btaxatt!Jn" (School thof""t' to draw 01-tlers on ft fund that has been_prop~s~d but rn.tsed ds · 1 :Y ~au ;, 4 1" eb 357 ) A <cording to thiS dectStOII, unle~s there 1s money m t1te 1'-Oil Dtstnct v. d ~n!nslll'er; or d-istrict treasurer, no va1id orders can be drawn on a buildtn? fu nd. ~{,f~;e~~~j~1% 11 does not apply t.o orders issued to pay cunent expenses, such as t\)achers " r.ges

36

'l'HE SCHOOL LAWS OF NEDRASKA. THE SCHOOL LAWS OF NEBRASKA.

:~:rc~~ter- the same to the mod~rator, to be countersigned by him and no warrant shall be issued until so countersigned: No warrant shall be countersigned by the d . mo erator untll the amount for which the warrant · d . .

1s rawn 1s wntten upon its face. The moderator shall k · keep a· ord m . a book furmshed .

Bhall by the district of th eep a rec• record. . . ' . .

• e amount date, pm pose for WhiCh drawn and name f ' . ' o person to whom Issued, of each warrant countersigned b h' Directormust · SEc. 17~ The director shall within ten dy lUl. report to Co. . . . . ' ays af Supt. the annual drstrrct meetmg, deliver. to the county te r perintendeut, to be filed in his office a' report sn' • und el' oath, showing:

sign .

No.otchUdren.

1st. The whole number of children belonging to th district, between the ages of five and twenty-on e . e J'ear 8 accor dmg to the census taken aforesaid· and . , anJ' d' Board liable lsfor Joss caused tnct board neglecting to take the enumerat'ron, and by neglect; make return of the same, shall be liable to said d · for all school moneys which such district m 1 Istrict such neglect. ay ose by No under5 and ,2d. The number attending school durin~ th over 21 attendo e ~e rngschool; under fi ve, and also the number over twent -on " ar Y e ·-J'ea1·s of age.

Whole number 3d. The whole number that have ~ttended sc attending; ' during the year. hool Length of time 4th. The length of time the school llas been t au h ~~ggl;h 118 been during the year by a qualified teacher, the lengthg t time taugh t by each teacher, and the wao-es paid to of o each 5th. The total number of days all scholars betw · The total nuro· ' een ber ofdays the ages of five and twenty-one years, h ave attend scholars bave . ., ed attended; school during the year. ' . " ch orders, when presepted. and endorsed by the treasurer, "not pnid fo~ or the llke. ~ u d t d aw interest unt1l pRJd. .

Of funds," are lJCl 0 ~ 1- <t · t order is mbject to the sam ~ defense m th e hands of an el!dor 'The payment of a " ncDistrict officers should not gwe orders for the payment of ap Bee as in the h~nds of the JJOYef.been rec~i vccl . When orders l!nve be~n given by mis~ppreherPs~ratu 8 or supp_lles th at h~ve 113ealers who sell the orders to tbtrd purt1es, a.nd then irul to furnisgn Ol' oth_ennse ro d_l>en i~o;greem ent such orders cannot be coll ~cted by law an_d should not be t).le arpcles ace~~ t~i orders are in the hands ofinnor.ent parties m~kes no difference, the ctefealct. ~~ ~aec}u~ as good ugainst tbe !hird party holding the order as 1t would have been against~~~ person to whom the order was Jssued. .

It is not legal for the treasurer to pay orders unless they are Signed by the moderator. If ,

37

6th. The amount of money received from the .county Amount or monel: re· treasurer during the year, ' CeiYe ; 7th. · The number of mills levied for all school pur- No. mills levied: poses.

Kind of hooks 8th. The kind of books used in the school. used ; 9th. Number of children- to whom text books are No. to whom books are fur· nished; furnish ed. and kind of books. lOth. The amount of the bonded indebtedness.

11th. Such other facts and statistics as the superin- 0 therfa.cts. tendent shall direct.

SEo.'18. .L'lilor the pnrp·ose of attestin2' school 1·eports thco.onze ~updt. taud' · j ~· 0 !I · and other purposes connected with the administration minister oaLQs. of the school law, county superintendents are hereby au. thorized to administer the required oaths.'

SEo. 19. It shall be the duty of the director to fur- fu~~f;grs:~;.t • In · A pn . 'l of each gate mentn•_sessod ofaggre· nish, for the use of t h e annua1 mee t mg f' valuatton. . year, a statement of the aggregate assesse d valuatiOn o all property in the district, and the amount of taxes, as near as may be, that will be collected.. for the use of the district.

SUBDIVISION V-DISTRIOT BOARD, POWERS AND DUTIES. 1.

2.

3.

4.

IS. · 6.

Who constitute.

Must send in report.

Shall have general care of school.

1\fay admit non-resident pupils.

May expel or suspend, Shall purchase and lease site and sell. ·

Shall obtain title.

Shall pay school moneys.

9., Shall have care and custody.

10. ' Office shall become vacant, when.

11. Shall fill vacancies.

12. Co. Supt. to fill vacancy, when, 13. Shall not be party,to contract.

7.

8.

SECTION 1. The moderator, director, and treasurer The dist. board shall constitute the district board. the moderator refuses to si!l'n legitimate orders, he may be compelled to do so by a writ of mandamus. 1See Sec. 11, Subdiv. HI.) . \ SEC. 17. The penalty incurred by a. failure to report correctly the items in the first paragraph of this sectwn applies equally to the others. Should the director not send in a comple~ report it is the duty of the county superintendent to return it for correction. • If the report IS not sent in by the third Monday of 1\fay, it becomes the duty of tbe county superintendent, lo notify the director. (See Sec. 13, Subdiv. VII.) The report must be made unrler oath.

38

THE SCHOOL LAWS OF NKBRASK.A..

THE SCHOOL LAWS OF NEBLA.SKA.

39

SEc. 5. T~ey may authorize or order the suspension They rna} sus . f rom th e scI100 ] , w h ene ver m . the1r _ JUdo--diso_rderly . pend or expel ur expul SIOn ::::> puptls. ment the interests of the school demand it, of any pupil g uilty of gross misdemeanors or persistent di ~obedi­ ence, but such suspension shall no t extend beyond the close of the term.

They sbnll have genctnl care of the school.

May admit non-resident pupils.

SEa. 6. They shall purchase or lease such site for a They shall purchase n site . scl10ol house ass h a11 h ave b een d es1g nated by the dis- iorli school . houSe ss directtrict, iu the corporate nam e thereof, and shall build. ed by district. · hire, or purchase such school house out of the fund provided for that purpose, and shall make sale and conveyance of any site or other property of the district, when lawfully directed by the qualified voters at any _annual _ · 1 · Voters may ap0~ speCia meetmg ' point a bu\).dProvided, That the . qualified voters of the district mg committee. m ay appoint a building committee to let contracts for and take charge of the work of building such school h o'use.

SEa 7. The district ~hall not i n any case build a Shall not ~uild · stone or bnck s tone or brick school house upon any site, without hav- stte '~ithouttitle to ; ing first obtained a title in fee to the same ; and also, , that they shall not in any case build a frame school .i! · f'ee, O r frame withtoh ouse on any Sl· t e 10r w h'ICh th ey h ave no t a' t'1t1e In out privilege without the privilege to move the same when lawfn1ly move it. directed to do so by the quaFfied voters of the district at an annual or special meeting.

SEa. 8. The district board shall apply and pay over Shn.ll npply . h d' . . and pay over all school moneys belongmg to t e Istr1ct, Ill accord- school money . . . in accordance ance with the provisiOns of law reg ul atmg the same, as with raw. ·may be directed by the district, bu t no school money tioned Money to apport· dis .apportioned to any district shall be appropriated t o any pay mustteachers. be used to other use than the payment of teachers' .wages ; and no SEc. 6. The supreme court of the state has decided that "Although nschool district may have voted a tax for the erection of a school house, the fund when collected is beyond the control of Its officers till its expenditure be authorized by a vote of the district." And also that "Contracts for the erection of a school house should be made with reference to the funds in the treasury for that purpose, The district board have no authority to draw orders in payment thereof on a fund which has been proposed but not raised by taxation."· (School D isbrict v . Stough, 4 Neb., 858.) When a buildil1g committee is appointed, the district should clearly define their powers and duties. whether simply to oversee the work. or to ~<et up toe plan. let the contract and do

40

THE SCHOOL LAWS OF NEBRASKA.

THE SCHOOL LAWS OF NEBRASKA.

Theachertmifiustt ave cer co. e part thereof shall be paid to any teacher • who shall not have received a certificate, as required in this chapter, teach. before the commencement of his or her school. ~~~~d~~~~f SEa~ ·9. The said school board slaall have the care and school property custody of the _school house and other property of the district, except so far as th.e same shall be confided to the custody of the director. ~~: .:~c"R.~e· SEa. 10. Every school district office shall become when. cant by the death, resignation, or removal frorn ffiva. or removal from the district of the incumbent, or; c~, absence from the district for a continuous period of Y. hls 81 Xty .days at one time. ~~~~f~fit SEc. 11. The saiJ board shall have power to fill vo.co.ncy. appointment any vacancy that may occur in thei. b;)r number, and it shall be their duty to fill such v 1 0 "'4 after its occurrence; acancy If the board p rom'ded , That in case sai d b oard shall fro ran to fill, vaco.ncy may ' b lll a lly ·be fi!led at a: cause, f:a1'l to fill such vacancy,· t h e same may specml meetmg b l . . l h l . called for that y e ectwn at a spema sc oo d1strict meetin e filLe d purpose. ' for that purpose, by the qualified voters presen~ Cal~ed sho.U to meeting shall be called in the same manner and 'bWhlch annualhold meete ing. jected to the same regulations as other spec· 1 Sub. . t · t · d1s nc meetmgs.

Persons elected under the Ia sch . . 0 ol · prov1s1 . th' f 1s s.ectwn shall hold their office until the ne ons o nnal election.

Xt an.~f~~t,O:~

the business . .The director nnd moderator only cnn draw orders to _____ a building commd1ttee bor school board do not carry out the instruction~~l t~e ed~ ptreen!Jssees•. i'Vh ~ be com pell ~d. to o ~o y mn~dnm us. e 1s let, the ere SEC. 9. 'IbiS section hns g_1 ven rise to much controversy nnd mo. · .

Y can main unsettled. The followwg opinions seem to be welUfounded . ny disputed POints still 1 The school bouse was erected for h 1 · re. that will interfere with itss~ seoofo ptuhrposes, and cannot legally be used t 0 • Oth.er purpose ·n a school bo r IS. ' r au 1 b h 1 use not needed for school purposes may be lensed for a 2. A r<!om ~ riot injurious to t .e. sg 0 0 ' or n detriment to the usefulness of th e other parts of th~Y Pu!'D for sc?_ool J?Uif 0i~- det~~;~~~~r~bt for snch lease cannot extend beyond the annunJ ~ilqp~e 3. J be ng to the voters of tbe d ~r ":school house shall be used for other than scho eetin ~ poses be1ongs d b . e lStnct when assembled in a Iawtul manner; but WhOl p ~­ district bas n9t acte on t e BU!:JJegt the board has control until some action is taken b · Eltt t~· trict.

But n.e1thel bonr. d thno t hr dtstnct ~he <l~~ a way as to wter,ere WI .e sgbool.has any right to allow the schoollionse to be u ~ed lu S1.J. ...,, I:!~ 4 If the voters of the dJstnct Wish to use the school house for meetings of vnrio I see no good reason w~y ~hey may not so use it so long as they do not interfere.with t~s lqll.,. ark The decisions o t e ~upreme courts .of Indiana, Illinois, Iowa, and many Olh e Sl:!ll "IS, wntiTI:n this vieW. Kans~, NewJersey,and West Virginia confer npon.tJ:te erustecs, b er st Oat fJie right to use the bouse tor suc_h purposes. In the absence of any decJswn by our O\ Y st-at~ters b e rulings will govern th1s depa_rtment. . . ~ll co te, the ~Eg_V'10 . When a school officer res1gns, and his resignatiOn ~ accept~cl, he ca llrts, ' draw it and again r~sume the office. The only, way to remove a school dtstrict om. nn~t \Vith indictm~nt and a tnal by the COurt. .

Cer Is by o.11

an

41

SEc. 12. When, by a division of a district, not more Whennotmore · 1s . le f t m , t h e old d"rstnct, . t h e county su- , isthanoneofficer than one officer rert in dist. , Co. Supt. may fi perintendent shall appoint, to ll the vacant offices, stu t • filll vacancy. able persons, who shall hold their offices until the next annual meeting, and until their su~cessors are elected and qualified. not be SEc. 13. No school officer shall be party to any Shall party to conschool contract for building or furnishing , supplies, ex- tracts. cept in his official capacity as member of the board.

SUBDIVISION VI. HIGH SCHOO~ DISTRICT. 1.

1.

How constituted.

Proviso, must be determined at annual meeting.

12.

3.

4.

Trustees must file acceptance.

Shall classify and grade.

Must presentstntementin writing.

SEa. 1. An,y district containing more than one hun- What districts ' dred and fifty c h'1ld ren, b etween t] 1e ages of fi ve an dmayelect board of six . t r1c · t 1•uoar d , cons1s . t'mg trustees. twenty-one years, may el ect a dIS of six trustees ; Provided The district shall so determine at an an M!JSt be deter' . .

I ' nuned nt annual meeting, by a vote of the maJonty of the voters at- nual meeting. tending such meetings~ When such change in the district board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees How trustees for the term of one year, two for the term of two years, must be chosen and two for the term of three years, and annually thereaf. ter two trustees shall be elected, whose term ~f office , shall be three years, and untiL their successors have been Theyshall file , '.l • acceptance. elected and fileu then· acceptance. , h . l . h Officers are a SEa. 2 Witlun ten days after t mr e echon, sue moderator, . ' director, and trustees shall file w ith the duectprs a wntten acceptance treasurer. of the office to which they have been elected, and shall annually elect from their own number a moderator, a director and a treasurer, and for cause may remove the ' . .~w~ same ,and may appoint others of their own members m caney. thei/places, who shall perform the duties prescribed by SEc. I. In the formation of a union or gr~~ed school district, it is necessnr~ to.re-or~~~~ and elect an entire new set of officers. Prov1s1on shquld always be .made to llqmdate debtedness of the original districts before they are umteq. nnual The change from n district board of three to one of st:s: can be made only at the a me~fh~~e is rto provisiun in the law by which a board of six cnn be changed back to a board of three members.

-

4'.-·)

•

THE SCHOOL LAW!! OF NEBRASKA.

THE

law for Slich officers in the primary school districts in this state, except as hereinafter provided. The trustees sha~l have pow~r to fill any vacancy 1th~t may occur in theu number till the next annual meetmg. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this sect' . h' lOU w1t m twenty days next after their annual meetinoo th 5 'd. e , county superintend_!:lnt of the county in which such Co. Supt. may • k . lS appoint officers tnct rna es 1ts annual report shall appoint the s · d when.

• ai offi.· cers from the members of said trustees. · SEo. 3. Saiu trustees shall have power to classif Shall h ave power to clas- grade the scholars in such district, and cause thy and Sify and grade et:n t . scholars to es- be taugl1t m such schools and departments as they o tablish high school. deem expedient;] to establish in such district a school when ordered by a vote of the district at lgh Determine.. nual ~eeting, and to determine the _qnalificatio::y at\ rates oftrunou; admissiOns to such schools, and the pnces to be . fot employ teach· · I .

Pald ers. tuition on any branch therein; to employ all te fo1· Prescribe necessary for the several schools of said district; t:chel's ~~'<ftgx~r;~ggl, scribe cour~es of study and text books for the lls~te. said schools, and to make such rules and regulation °t they may think needful for the government of the sch 8 a~ and for the preservation of the property of the di t0 ?ls 8 l'l . . and also to determine the rates of tmtron to be Paid Ct non-resident pupils attending any:school in said dist . bySEo. 4. The said trustees shall present at each l'lct.

Shall presen t a sta~e.mentrienx nual meeting a statement in writing of all receipts n. writing 0 and pen~i~~~~ and expenditures on behalf of the districts for the pr :~;~f oft band; • .

• eced. of an:'ount to mg year, and of all funds then on hand, and an esti ~i~~%for mate of the amounts necessary to be r aised by the d' · sc ools. trict, in addition to the mone_y to be received from t~~ primary school fund and other sources, for the supp . th . ort . d. . of t.h e ~choo1s of said Istnct 10r e ensmng_ year, and District m ay for mCidental expenses thereof; and the said distr· t vote such sums • h lC as!'llaybere- may, at the annual meetmg, vote sue sums, to be rais d qm red f 'd d' e by tax upon the taxable property o sa1 Istrict ,as may be required to maintain the several schools thereof for the year.

;:ay

°

.[!

4:3

SCHOOL LAWS OF NEBRASKA. '

SUBDIVISION VII. CbUNTY SUPERINTENDENT. 1 . Shall b e n county superintendent 2. County commissioners to fix sal-

9. i3hall receive bla.nl<s from state

ary , which shall n ot be less than a stated amount.

Sh all exami n e applicants.

Muy endorse certificate.

Shall g rant certificates.

Definition of kinds of certificates.

May revoke sam e.

Sliall visit schools.

' 10. Shall examin e reports of district

3. <!.

5,

6.

7,

S.

superintendent. bon rd .

1l. Shall be subject to rules of slate

superintenden t.

12. Connty board to fill vacancy.

13. Shall notify di strict ofllcers 14. Shall repor t' to Superintendent of

Blind Asylum.

(See Sec. 18. Snbdivision IV.)

· t en d en t Shall be each a Co. S EOTION 1. Th ere s h a11 be a conn t y snperm Supt. in ·1n eac h orgamze · d county, wh ose term of service . shall be orannized Co . toser 1·e two t wo yea~·s, and who shall be elected at the same time and years. in tqe same manner as other county officers.

It shall be the duty of the count,y clerk to notify the State' Snperintendent of the election of the county superintendent at the time said election is ascertained. • -- --"' l .•l o!s:l·f

SEo. 2. The county• commissioners or a majority of sioners co. commis· de,terthem, present at the first regular session of each year, ~f,t~b;~~~~~ shall determine the compensa tion to be paid to the ~~~~sa::~nt county superintendent, but such compensation shall not be less than twelve hundred dollars per annum in counties having a school po:r..ulation of five thousand or more; and not less one thousand dollars per annum in counties having a school population of tour thousand and less than five thousand; , and not less than eight hundred dollars per annum in counties .having a school population of three thousand and less than four thous-

•

44

THE SCHOOL LAWS OF NEBRASKA

and; and not less than five hundred dollars per annum in counties having a school population of two thousand .and less than three thousand; and in counties having a school population less than two thousand ' a per d'1em of not less than three and one-half dollars or· m ore th an five dollars for each d :;~,y actually . . employed in t h e d uhes Number of of his .office. The number of days necesaary f' h days allowed . ' or t e shallnotbeless duties of the office shall be determined by ·th . lhan: • · e county superintendent, but the number of days so · employed shall not be less than the number of school d'18 t . . r1cts rn £ d 'said county, and one ay or each precinct the. . lefor for the examination of teach ers. T he superintendent file in the office of the county clerk a sworn st shall ' atelllent of his account.

Shall examine SEO. 3. The county superintendent shall ev . persons offer. . · .a.atnlne U mg to teach. persons offering themselves as teachers for th a e Publ' schools, and shall attend a t the county seat llp 1 (}. third Saturday in e~ch month in the year, for th:: the At what times. pose; and at such other times ~nd places as h e .Ill a Pur_ ect, by gi ving not less than fi ve days notice in y se}_ paper published in his county ; or, if there be n some published in such .coun~y, then he sh all cans~ Paper . bl' 1 . h to be pos~d up m three pu IC p aces m t e precinct · twn · · JS · to t a k e pl ace, no t 1ess t h an fiv-ewhere sue h examma d prior to such examination, a notice of the til'Y> ays . ~e and place thereof. Any certificate -granted at any o th er . time or place than those specified above shall "be null a~d- void. And any c~un~y sup~rintendent who shall vrolate the provisions of this sectiOn shall, upon co nvrc.

SEC. ~- The law does not provide for a. deputy county superintendent, and action by such person lB not legal. If the person elected county superl,n~endent cannot act, he should resign and allow another to be appointed. · The only way in which a. county officer can be removed is by impeachment and trial b ~ lhc county commissioners. 'see Compiled statutes of 1881, pages 19•1 and ~95 . e oro SEC. 3. This penalty was stricken out by a.n amendment offered in the House of representatives, but was not repor ted to the clerk a.ncl so appears as part of the law.

THE

SCHOOL L AWS OF N EBRASKA.

tion of the same, be fined in a.ny sum not less than twenty-five dollars.

45

-

SEa. 4. The county s uperintendent: may endorse a ~~M~~~?r~~ · f'orce Ill · any ot h er county of th1. s sta te, or another certl'fi cate m or state. county of any oth er state, without examina tion, and said endorsement sh all r ender the said certificate valid in his county for such tim e as the superintendent may determine, not exc~eding t wo years from the date of said endorsement, but in n o i n.s tauce for a longer time than said certifica te was orig in all y intended ;

Provided, That the su perin ten dent sh all have power Sbs.ll powerhave to ret o revoke said certificate for the same causes and in like voke. m a nner as those granted by himself.

SEO. 5. H e shall g rant certificates in such forms as shall grant iu 'b d b , what form. shall be prescl'l e y t h e state superintendent of public · S EC. 5. Where circumstances render it desirable, a third grade certificate may be granted for le8B tba.n sL'C months, but not for m??·e. A tencher should have a. valld certificate before commencing a. school, and the conlmct made with the board contains the plain implicntiou that he will keep himself technically qual ifi ed by obtaining a new certificate before the old one expires.

Tbe law makes no provision for dating back a certificate. There ·s no provision made for teaching any other than the English langunge in our schools, but in many districts a teacher who understands the foreign language largely used iu that district can be much more useful than one who spe!lks only English. As regllrds the branches which maybe taught in the public schools, the law is silent. The fact thllt a tcacber must pass an examination in certain branches indicates that these ma.y be taught, but it nowh~re says tbat others may no£ be. The boardhave full power to s!ly what branches may be taught. Physiology isnow one of the studies, in which aUapplicant~ for certificates must be examined. , Civil government and book-keeping are added to thestudies required for a second or first grade certificate. There is no authority in la\V for paying public money to a teacber who has not a. valid certificate. There are three kinds of certificates known to our law: tl) Those given by tbe county superin.tendunt, and which are good in the county where they are given. (2) 'Ihose given by the state superintendent, known as 1]rst grade certificates, which are good throughout the state. Profossional certificates may b e granted by the state superintendent upon examination by him or by a corru;nittee appointed by him. He may also grant professional certificates to graduates of colleges, where proficiency ' and success entitle them to receive such. (3) Dip!dmas of graduates of the state normal sch~ol, which are valid throughout the state. certificates granted by boards of education in cities, empower the reciP,ients to teach in the schools controlled by the bourd which issues them.

' '

•

46 To whom.

•

THE SCHOOL LAWS OF NEBRASKA.

instruction, licensing as teachers all persons whom, on thorough and full examination, he shall deem qualified in respect to good moral character, learning, and ability to instruct and govern a school; but no certificate shall be granted to any person who shall not pass a satisfacWhatbranches tory examination in orthography, reading, writing, geography, arithmetic, physiology, English composition, and English grammar; P1·ovided, That no person shall be entitled to receive more than three (3) third grade,certificates.

Threegradesof SEc. 6. There shall be three grades of certificates of certificates. teachers to be granted by the county superintendent .

Third grade his discretion- to-wit: The certificate of the third ' ln defined. ' h l h grade shall be granted to persons who s a 1 ave passed sat· factory examination in the branches speCified in lsabove section, which certificate spall license the h 1the . . . l d" t . o der thereof to teach m some spema IS net, and shall . . fi th . not contmue m force or more an SIX months. The cersecond grade tificate of the second grade may be gran ted to an defined. .1 Y person of approved learmng and character, who in add"t• . . ' 1 Ion to the branches specified m the above section, shall f: . . . h" pass . a sa t IS actory examwatwn m Is tory of the United States, civil government, book keeping, blackboard drawing, and theory and art of teaching, which certificate shall. oe valid throughout the county for one y . eart [~~~~de unless sooner revoked. The certificate of the first grade shall be grar.ted to no person who has not taught at least one year, with approved abil~ty and success, and who shall not pass a satisfac tory examination in all the branches required. to obtain a second grade certificate and in algebra, geometry, botany, and natural philoso~ phy, whicli -eettificate shall be valid throughout the county in and for which it was granted for two vea 1:8 • J ' unless sooner revoked. ~~:.evoke for SEo. 7. The coufltY superintendent, or any authority or corporation authorized to g rant certificates to teach-

THE SCHO OL LAWS OF NEBRASKA.

47

ere, may revoke any such certificate for any reason which would have justified the withholding thereof when the same was given, as for g ross negligence of duty, or for incompetency or immorality, which reasons shall not be spread on the records, unless requested by the teacher; but no certificate shall be revoked without not- ~y,~~·~t~~~t · ice by the su perintendent, and an opportunity to explain f~v:g~~~ce or defend his conduct, if he pesire such opportunity. ,No certificate shall be revoked except by the authoritycertificatecan onlv be re· shall report voketl _by g ranting it ' but the conn tv • superintendent · authority to the authority bO'ra ntin bO" said certificate the fact that grantingit. it shouW be r evo ked , g iving his reasons therefor. The superintendent shall keep a. record of all certificates Supt. must. keep record date, and successor. and de!h•er to g ranted and ann ulled by him l with the •.Q'rade, ' duration of each, and shall deliver suc,h record, with all other books ·and papers belonging to his office, to his successo r.

SEc. 8. It shall be the duty of the county superin- Be sbnll visit 1 . l schools; tendent to visit each of the schools of his county at east once in each year; to examine carefnlly into the disci- ~~~~c~~to pline and modes of instruction, and into the progress and proficiency of the pupils, and to make a record of the same, and to counsel with the teachers anJ district fe~~~~~~ :~~' boards as to the course of study to be pursued, and for boards; the improvement of the instruction and discipline of Note condition the school; to note the condition of the sch oo1 h ouse an d ofscboolhonse~ £" suggest new appurtenances thereto, and to suggest place 10r new sites; school houses to be erected and for warming and venti' " ' tating the same, and the general improvement of the . 1ec t ures Promote school hquse a:q d grounds; to promo t e b y pu bl IC lectures. by· and teachers' im:titutes, and by such other means as' he may devise for the improvement of the schools in his ~ounty, and the elevation of the character and qualifications of the teachers thereof·' to consult with the teachers Secure attenand school boards ' to secure general and regular attend- Sugges dance ;t.>m· _ ance of the children of his county upon the public schools. provemeum.

48

Must receive SEa. 9. It shall be the duty of the county superin· blanks from S?>te Supt. and tendent to receive all such blanks and communicatiom diSpose of same as directed. as may be directed to him , by the state superintendent of public instruction, and to dispose of the same in the manner directed by the state superintendent. ,Shall examine SEa. 10. The county superintendent shall examine reports of f h · school boards, into the correctness of the reports may return . o t e district boards , them for cor- and may ' when necessary, reqmre the same to b'e am en d rection. ed, and shall endorse his approval on such as he shall :find correct and transmit duplicates thereof torr th ' ' t:.e er with such other information as may be required of h ' · d ent of publ'1c mstruction · • to the state supermten hlm ' . d , ,w en required by said state supermten ent.

Shallreportto

SEa. 11 .

.The

~ou£ty ~uperiu~endents

to the superintenden t of the blind asylum,

t~e

n ame,

age, residence, and post-office address of ever person blind to such an extent as to be unable to acquire a n education in the common schools, and who resides in the county in whi ch h e i s superinte ndent, and also to the superintendent of the Nebraska insti tute for the deaf and dumb, the n a me, age, and post-office address of eve; y d eaf and d 11mb person between the ages ot :fi\ e and twen ty -one years, wl10 r es ides wi thin his county , includ . ing all snch p ersons a s may be d eafto such an ex ten t as to be unable to acquire a n education in the common schools.

7

shall be Bllb-

¥~f~~ct~~~ jected .to such rules and mstructwn as the .state su

intendent.of public instruction may from · time to :,erprescribe; and they shall report annually to the su l~e . t' . tendent of public mstruc IQ.n, a t sueh times as h perm· e may direct of the official labors performed, and of th ' e general condition and management of the schools . f, .

Under their charge, and such oth er m ormat10n as m a y b . . t d e required of th em by sa1d superm en ent.

SEc 12 Whenever, by death, resig nation 01• -co. Board may · · . ' removfill vacancy. al, or otherwise, the office of supenntendent shall become vacant, the count;y board shall have power to fill such vacancy. .

SEc· 13' Should any district neglect to send 1·n the ·Shall notify delinquent boards to send reports required by section 2, · subdivision V ' of th'18 inreports. chapter, bj the third Monday in May, it shall be the duty of the county superintendent to notify the officers of such districts that the report is due, and should be sent at once.

Shallreportto SEc. 14:. The county superintendent shall report on .

Superinten· S t b dents of Insane or before the :first Tuesday Ill ep em er of each year, and Blind.

Sxc.l2. For fiillingvacancies see Compiled Statutes pages 270 and271.

4-9

'l'HE SOHOOL LAWS OF NED RASKA.

THE BaHOOL LAWB OF NEDRABKA..

SUBDIVISION V III.-STATE SU PElU NTE NDENT. Shall keep an office.

Shull organize institut.es.

8. b'hall vislt schools. (, Shall decide disputes in law.

5. Shall prescribe forms for reports .

1.

2.

6.

7.

8.

9,

Shn.ll print school law.

Shull report aunually.

Shnll print report.

Shull apportion state funds .

SECTION 1.

The superintenden t of publ ic instruction Slt.all keep an . olhce. shall k eep an office, which shall be furn.ished for h1ru , at the seat of go vern.ment of the state, a nd he shall k eep , all books and p aJlers ])ertaininO' to bisotlice tb ercin ,s ub- papers Booksaond~n · · ~ pu . 10 ·)CCt a t a 11 t1mes ' 1 · · f' th · the inspcctinn to t w cxam111atwn o e governor ofGovernor &c. or aud itor of state, or a committee fi·om either branch of the legislative assembly.

SEa. 2. He sb a11 orga nize teachers' normal insti t utes shall organi.'e normal U1St.l· at such times and places as h e shall deem p'r acticable. tutes.

He shall, as far as p r acticable, attend'said institutes and provide proper in structors for the same, and in other ways seek to i mprove the efficiency of teachers, and· advance the cause of education in the state.

SEa 3 He shall visit such schools as he may have Shall vl.s1t · · schoo!B. it in his powe r to do, 'and wi tness and a dvise with teach-

4-

50

THE SCHOOL LAW S OF NEDRASK.A..

ers and school officers upon the manner in which they are conducted.

ShaH decide SEc. ( He shall decide disputed points in school desputcd points. law, and all such decisions shall be held to have the force of law till reversed by the courts.

Shall prescribe SEc. 5. He shall prescribe form s for making all reforms forr~ porLS. ports aud regul ations for all proceedings under the general school-laws of the state.

SEc. 6. H e shall cause to be pri~tdd, in pamphle t Shaurnnt schoo J.&ws . form • .the school laws and laws relatmg to the school l ands with blank forms prescribed by him, and f'u . h ' ' r n 1s each county superintendent with a sufficient numbe supply the district officers withh his jurisdiction. r to SEc. 7. He shall annually, on the first day of J an 11_ Report to Governor ary submit to the governor of the state a full rep e.nnually.

0 :rt of ' . the operations of his office durmg the year, which r eport shall contain a statement of the school fund s of . h . tho state an\f an account @f t e receipts and exrlend' t ' · .

1 ures for the purpose of schools, .a statement of the cond' .. .

1t1on of the common schools and other ed nca t10nal inst 1·t t' · n tons chartered or fostered by the state, em bracin o- the b number of schools of the several grades, the n u m her a nd average compensation of the t~a~h:rs, th fl n a m es a nd compensations of county s u pe l1 n~end e nts, the numb er of pupils attending the several schools, the en um era tion of you th by ~ounties, the value of school hou ses, s ites ' , apparatus, and furniture; a sta tement of such pla ns a.s he may. devise fo r th ~ better management of the school fu nd s and the school •system, and such other sta tements as he may deem expedient to communicate rela tino- to • 0 his office and popular educatwn.

SEc. 8. He shall cause his r eport to be prin ted by the Report must oe printed . s tate printers, and shall deliver at the commencerne1it of each regular session of the legislature one hundred cop ies thereof to the senate and four hun d red copies t o th e bou~e of represe~tatives, a nd t ransmit one co.pv to ea ch

TUE SCHOOL L.A.WS OF NEDR.A.SK.A.

51

district director in the state, and one to each county I superiu ten d en t .

SEO 9 H e sh '·1ll ' sern1' -annually ' on or before the Shall apportion ' · • school fUl!ds. third Mond ay i n J nne and the las t Monday in D ecember, m ake an ap portion ment of ihe funds which are in the treas nry an d which a re appli cable to the support of schools, which a pportionment shall be based upon the enumera tion of youth repor teo to the state superintendent by the coun ty superin tendents.

I

SUBDIVISION IX-THE TEACHER. 1. Quall!led tea cher, what.

2. Shall make monllily report.

8. Length' of 19-0nlli. ~. Professional certificates.

4. Proviso, certificate may lapse.

4.

6.

Proviso 2d, grnduates of colleges.

Branches required

SEo. 1. No person shall be accounted a qualified P.~~~~ teaclfer within the meaning of the school law, who has teacher." not a certifica te in force from a county superintendent, .or one as pro vided for in subdivision XIV, section 19 of this chapter (Subdi vision X Iy, Schools in Cities), or a certificate or diploma from a st~te normal school of Nebraska, a certificate from the state superintendent of p ublic instruction, or a diploma from a state norm al school of another state, approve,d by the .state. superintendent of this state. . , Teacher must k SEO. 2. Every teacher shall rna ·e a mon thl Y re t mnmakeamo!lth• ' f . y report tD 1 to the director of the district, of the number o pup1 s ldirector. attendin g his or her school, the names and ages of each, the days attend ed, th e studies pursued, and no teac~er will be entitled to r ccei ve pay in full for a term's serSEc 2 The prese nt form of m o n th] }' report i made to 1net r.or a term o r three monlliS: bnt It · be · shown to the director each month and approve · d by hlm · At th e en d of the term ahould !!al tD ahould be signed by t h e dire ctor nnd forwarded to the county superintendent. It Is illcg pay a teacher until h is or her r ep ort is filed with tho director . A teacher who cannot llUlke out a corr ect monthly report ls not fit to teach school.

• . 10 A teacher who {requontly fa i is or n eglects to make out a r eport ough t not to be allowed 100ch , and should have h ts certificate revoked.

THE SCHOOL LA WS OJl' N EBRASKA. THE SCHO OL .LAWS Oi' NEBRaSKA.

vice till the term summary is properly filled out an d approved by the director.

Twenty days SEc. 3. In the absence of any agreement between the may constitute a month. director and teacher to the contrary, twenty d ays shall constitute a school month.

SEc. 4. Permanent teachers of high character and Teachers hav· ing proper qoalificntlons broad scholarship, and who have a successful ex.perience may receive professional may, upon examination by the state superintende~t 0 ; Certificate. by a committee of three competent teachers appointed by him, receive' a professional state certificate, which shall authorize the holder to teach in any public sch 1 . . oo in the state, without further examma twn; Mustcont!nne Pro vided, That no life certificate shall be in ~ tn educational . ~orce pUl'lJillt. after its holder shall permtt a space of three yea rs lapse without following some educational pursuit, Unl to said certificate be endorsed by the acting state sup erlntendent; Gtadnates of Provided furtAer, That graduates of colleo-es and .

0 colleges may h h Unlreoeive, when. versities of good standing, w o ave received a certificate of the first gr~de in this state, and who shall have _.. taught in any high school ip the state_with ability and . sucyess for at least three years, shall be entitled to a rofessional certificate without further examination. p

1:i UB.DIVISI ON X. L

2.

3.

Two k:ndsshnll beheld.

Nonnnl Institute,;.

County superintendents shall attend.

1"-

5.

6.

Expense defrayed, how.

Fund formed, how.

Disbursement>~ of fund.

F or the purpose of allowing teachers an NormaltnMI.• • tute.! and opportum ty to 1m prove themselves m the art of teach- county Institutes to be ing, two kinds.of teachers' institutes shall be held in the organised. state, viz.: n ormal institutes to be organized by the sta te superintendent, a nd county insti tu tes ·to be organized. by the county su perintendents.

SEc. 2. N on nal institutes shall be organized a t such tule.!llppolll NormAll~ted· times and places as t he state superi ntenqent shall deem bystatesu~ practicable. He shall fix the length of term, designate what counties sh all be included, and provide competent instructors to con d uct them.

1 SEc. 3. It shall be the duty of the county snperin- co.ropertnten· dents must tendents of the coun ties included in such district to at- onow nttendeentl~ ... tend such insti tute, at least one week, for- the purpos·e of comparing notes wi th the state ~uperintenden t and otl:ier county superin tendents on the methods of school work.

SEc. 4. For t he purpose of defraying the expenses ofrnstltut~ ~d npj)ropnn"' these inst itutes ther e is hereby appropriated the entiretodefrnY expensesinsti t ute fund of t h e county in which the institute is located ; and the further sum of two dollars to be paid out of the insti t u te fund. of any coun ty from which ariy teach ers go to a ttend said institute, for each teacher who attends from su ch county. · · · examined Each teacher SE O. 5 . T . o i .orn1 a f"nn d t o d e t•I'ay th e expenses of 1nfor · h t 1 · d t• ·:fi h n certificate stttn tes, eac eac1er exam me or a certl cate, or w Oshall pnyone . dollar to con· has a certificate ren ewed or indorsed by the coun ty sup- stitute the' iuslitute fund. erintendent, shall p ay t h!'} snm of one d ollar to the county superin tendent, t o which su m thus raised the SECTION 1.

•

:ss

BrancD:es for ~ SEc. 5. The bra~ches required for a professional state r:~~~~te. certificate shall be the following, to-wit: Written a rith-

metic, U. S. history, reading and elocution, English · grammar, common and physical geoO'raphy with m a p drawings, m a thematical geography and projection , sch"ool economy, physiology, algebra, natural philoaophy, chemistry, composition and rhetoric, book kee]Jing, pl a ne and solid geometry, plane trigonometry, geology, z ool ogy, botany, English literature, general history, political .,economy, intellectual philosophy, mora l philosophy, logic, astronomy, civil g overnment and school la\vs , bist.Ory of education ) and the theory and art of teachin b• O'

TEACHERS' INSTITU-Q'E.

1

'\

\

54

THE SCHOOL LAWS OF NEBRASKA.

Each teacher exam ined for a certificnte sbn.ll pny on e dollnr to constitute the institute fund.

TH E SCHOOL L.A.WS OF NEBRASKA .

county commissioners shall add each year that an insti stute is held in the county, the su!D of twenty-five d ol lars from the general fund of the connty; and if th ey deem it d esi ~able they may increase the amount t o a ny sum they de ire, not to exceed one hundred dollars.

The cou~ty superintend ent shall make a quarterl y statement under oath, to the co un ty commissioners, of all money received by him for the institute fnncl and of all money disbursed by him from said fnnd.

Dlsbnrsemen t to be made by Co.. supt.

Eup&. may

revoke !Irate.

s~c

ceT~!

55

•

SEc. 6. All disbursements from the institute fund shall be upon the order of the county snperi.ntendent and upon bills approved by him, which bills shall be filed in his office.

The county superintendent may at his di scretion r evoke the certificate or refu se to g ra:nt a certi'ficate to any teacher who refuses to attend th e county institute.

Should graduates from the elementary course of th e Normal school refuse to attend the county institute, it shall be the duty of the county superintenden t to r e port such refusal to the principal of the Nor mal school who may, at his discretion, revoke the certificate of such' Normal graduate, for such refusal to at tend. The county superintendent shall notify the directors when the iustitute shall beg in an d all common schools shall be closed during the continuance of the institute. i

tb~

wit!:-:::-,:-:-~~

a. The county superintendent should use power ly used it ~vill be: or great benefit to the schools. Jnjudiclons use will be npt to cnuse lts r epeat

SUBDIVISION XI-SCHOOL FUN DS. 1.

a.

Frnctlonnl districts.

2.

8.

7.

Co. Su pt. to mnkc record, &c.

Common School Fund.

Co . 'l're su rer shnll collect.

Stnte Supt. sbnll np portion to coun ty . ( . Co. Su pt. sbn11 npportion to dJst. 6. Ayportionmcnt to new dJstrict.

s.

Treasurer not allowed per cent.

Dist. 'l'rens. sh all not lend or ~e .

10. Must present ccrtificn.tc.

9.

\

SEo. 1. For the purpose of affording the advantages ~~f,~0f 0~~~n . ' to all the youth of t h'IS state, t h c s t a t e fu nds d<>rived of fi·ce educatiOn from school . d lnnd•. fines d comm on school fund in addition to the funds er~ve nmlforfcitures ' nndnn nnn u~ fro~ the sale of school lands and interest thereon, and lcqc or••stidtute schoo1 un , fines and forfei tures as provided by statutes and the con· ~~~os~;i~,\~3 . . d byannua ll cvy an d as- semi·ttnnunlly stitution shaH be fnrthermcreasc nndsll rill be ' , used cxclu· scssment of not to exceed l~ m1lls upon the dollar vain- sively ror tencllers' ation on the g rand list of the taxable property of the wages. state ; and the amount so levied anq assessed shall be collected in the same ~anner as other state taxes, and ' when collected shall be semi-annually qistribnted to the seve ral counties of this state, in proportion to the to .. l enumeration of scholars ' and be· applied exclusively . co. rreusurer ' sh a ll collect nil f t t h t h. e pay men o eac ers wages. · anes nnd SEo. 2. The county treasurer shall collect, or cause ~g~~r~e: to be collected, the fines and all moneys for school pur- poses. . t ~ handling the state SEC. 2. The county trensuTcr bas no right to charge an Y. per cen or nty superin· ecbool fu nd npportioncd by the stotc superintendent to !be coun ty, or by the con 1 db the t en dent to th e districts. Cowlty superiu tcudents should npportion nmoun:urece ;~e county treMnrer, and !n.sist u pon its being prud out. See Sec. 8.-Also the op on Gen'l, No.5.

the

°

iwy..

/

56

•

THB SCHOOL J,A W

O F NF:BR A~ JL\ .

poses in his county, and take a ll p r op er mea n1·ea to secure 'to each district its full amo u nt of sch o ol funds, Co. treasnrec shall report &emf-annuaiJy and all county treasurers shall r e p o rt to the s tate treasto auditor and urer and state auditor semi annu ally, o n or before the l'reasurer amounts rethird Monday of April and the firs t Mon day of N ovemcei>ed for achool ber, and at ~nch other ti m es as the aud itor m a y require, PllrpOses. a statement showing the wh ole a mount of moneys col,lected on account of state, county , an d d istrict school tax, and from all other sources r esp ec t i vel y , notincr the • 5 mterest separately, and the amount r e cei >cd on a ccount of licenses and fines, and from a ll o ther source s from which school funds are deri ved, toge ther with a staternt'nt showing the amount paid o ut, to wh o m and on what account, and at the same time the co un t y treas8bau pay over nrer shall pay ove r to the s tate treas urer all funds a nd 11.11 furi ds to 1tate treasurer . moneys, from ~hate ver so u rce d e r ived , b e l o n g ing to t h e gen er al school fun d in hi s h a n ds , a nd mak e a settle m e nt th ereof with t he state treasu r e 1· '

-

.

State tr~er · SEo. 3. The state treas u r er s h all , sem i -annu a ll y o n . ' statesuP.t.tb amoun t m th.ee or b efo re the t hird Mo nd ay i n May a n cl t he fir st .M On~ ~ to

Fo~~r;{t!eachool fund.

d ay in D ecem ber, make a com plete ex h i b i t o f a ll moneys belonging to th e sch ool f und of t he s tate , a s r e tu r.n-

SEc. 3 & 4. The enumer~t.lon of pupils, ou which this uppo rL~cn t is ba.scd, rnust be made within ten days pre~edUJg the fl~t :Monday of April. (~) '!'he constitution of 187S (Art. Vill, Sec. 7) provides tbnt_ no app~opnation shall be made from said fund to any district r the year fn which school 1a not mamtalneu at least th ree months." According to this ul those districts which have three months school one yea r. and report th e census the ne ~0~ draw public mone! from the county.or state. Where the new dist rict is formed in Whole or in art from unorganJ.Zed territory winch could bavc no school th e year before, such a d istr · p t bave at least three mont~ school previous to the ti me or takin g the annual census of mb~ld en, and report the same toti the county superintendent before it can draw state fu nds .

C J r 'd . .

Fmclional renllun era, or appor onments unrlro.wn, may oc put m the geneml fund ltlld 0."'1\ln apportioned. Money cannot be npportione<l to counties unl e>s the county superintend 1 ~ makes a report. .

A district to be ent:tled to share In t.!Je appo,·ticnmcnts_mctde in .Jnno o.nd Decem ber o f each year, must have l1ad a~ least three month s of school Ill the school year, which llnd~ with the first Mo)lday of A_pnlln that cn lcndo.r year; untl must hnve taL: en the census at t h . e and rPported lt to tbe <:ounty superintendent. proper umin, the "ounty treasury, whether c!crived from fi ncg and licenses o r frorn the o' ~·" t :Money . should aU be apportioned 10 the same mann er, yfz.: one-fourt h equal1y among the distri three-fourths pro Tala. . . . .

Money derived f~m ll license_ L;sn c d by the n_uill ort :Jes ~f ~n in corporated city or '' lll • th rized to 87a;nt llr.enses. goes m,o th e sc!Jo<;l m 11 d uf t ha" C: lty or " illng-c ; n il other lice~ ~~nZys go into the school fun d of the coun ty. ~·ee Atty. Gen' l. N o . X.

T il E

n

OL L

W-

O F' NEBRASKA.

57

ed to hi m from the seve r a l counties, tog e t her wi th t he a mo nnt d e ri ved fro m o th e r sou r ces, a nd d eli ver the same duly certified to t h e s t a te s upe rin t end e nt; an d wi thin twen ty days th e r eafte r t h e s tate supe ri n t en de nt s h~ll make t h e app or t i o nm e nt of said fund tJ to s u ch connt1~B ~:J!~~rtios accordin g to t h e p 1·o rata enum e r ati on of scholars m ~~:~~~:CS cerllfy to : each CO nJi ty las t r et urn e d f r o m th e co un ty su peri n te n- and eo.snpt. dent, a nd c erti fy th e a p p o rti o n m ent of ~ach to th e county supe1:i n t en d e nt o f t h e proper coun ty a nd to th e s ta te auditor wh o s h a ll dra w a w a rra nt o n t he sta te treas - ;}::,~~~:a~~a:;t . fior t b e a m ou nt_ SO specified. for amoun~ so urw- in ' favo r of t he vari o u s cou n ties s pecified by th e state supe ri n te ndent. ) . .

SEo. 4. Th e se ver a l co unty s uperi n te ndents sh all IID- ~~i1 ~~~~d~~n- • m ed iately a nd w i t hi n twen ty d ay s a ft e r r eceivin g sn ch ~~1~~Sf~,~~~nnd apportion hcenses, . g t h e re . t o a 11 m otleys re - and a ppo r t io nm ent a n d afte r ad d m 1 d the sum to the • fi t.e county ti'en' s ure r o n a cco unt of · n es an, districts-oneCel· ve d b Y t lJ fourth equally, ' l 1ce . nses, appo1·t I' o n the e n ti re <'lmo nn t a s foll ows, to - w lt: accordin tbre~·fon~rths to One-fo u r th o f tbe whole a mo un t to be d istr ib uted equ~l- g~~:numemly t o t he se ve ral d is t ri cts 'i n the cou n ty,. an~ t~c remaming three-four t hs of t h e whole t o b e dis tnb,u ted ~o the sever a l d i stri cts i n his co u n ty p1;n ·rata, acco r d m~ to t he en n m e ra t io n of s c h o la r s l as t r etnrn ed by .t h e d u c_ct ors of the vad o n s d i st r icts, an d ' no d i s tri ct, City,.o r _vll. wh ich sh a ll have f a d. e d to su s t a m · a school t or · the Fund, ho-w ]age . .. rorf<Rted. len,.th of time r equire d by sectio n 14, s n bp JviSlO n. II o f ~his ch a pter, s h a ll b e ,entitled t o recei ve a ny p o rtiOn of t h e fu nd . .

1 ~!Orme d f 1·om oth er dts- shnll Ne'v cttstrlcta • • SEo 5 \ V h en a dtst n• c t 18 b~ · · d ' h 1 e ar school h ad deemed to tricts wh ere d u r i ng the prece mg sc oo Y < • l! nvchad. b I I ew d lsschool, wben.

1- t o pen t h e t e r m re quue d Y aw, s ue 1 n b een , e p 1 l t be trict w ill b e h el d a n d dee m e d t o h ave h,ad sc lOO lawf ul tim e , a nd app o r t i o nm e n t sha ll be m a de to it accor di ngly .

.

. t 'n c "one-fourth" I n m r.k 1ng

app, o r t lOnm ent tnctsto ~tlCtlona.ldhrccein

SEo. 6. each f ra ction a l d is trict s h a ll recei ve o n e-half a s much a s oue-half. a f ull di s tri c t.

.

58

T HE SCHOOL LAWS OF NEBRASK A.

1' 0 E SOTIOOL J"AWS OF NEBRASKA.

~k~~!c~~~r

SEo. 7. The county superintendent sha ll imm edi a tely after 1n k" h . ) a IDg suc apportiOnment enter t11 e sam · b kk ) e 10 a oo ept for that purpose and shall fur 111·s}1 th · ' e connty treasurer with a certified copy of such a t' d ppor wnment, a~ each of the. directors in the respective distri cts in hJs county a certifica te, showing the amo u nt due h d' t · . sue IS n~t, whiCh amount shall be subj ect to the order of . the director on the county treasurer wh . ' en p r ope rly countersigned by the moderator. · Co. treasurers hAve no comSEo. 8. County treasurers are not allowed t h o c arge amission for handling ap- per cent for receiving and disbursing the st t h portionment. · · a esc ool appropnatwn.

DlstTlct treasu• rers forbidden SEo. ,9. School district treasurers are forbidde to lend or use lend or use any part of the school moneys wh. n to apportionment npd foruis_h duector With statement of amount due the cJ.igtrict.

'

funtls.

be in their hands under penalty of fine and i Ich _may ment, under the. provisions of the statute regar~Prlson­ 0 bezzlement. · em-

?

Dblt. treasurer SEq. 10. Hereafter before a school di stri t must present oe:rtificate to sh a11 be allowed to draw the state apporti c treas urer treasurer. onment f t h e county treas urer he must present a ce ·t'fi rom 1 . . th e county supermtcndent settmg fo r th th 1 cate f rom . has had the legal number of month s sch at such di s t net 1 th . . . oo ' has mad e census report properly, and has made tl e nancial report required by law. le, proper fi-

SUBDIVISION XII.-SOHOQL ROUSE SITEs. I. 2.

3.

Condemnation upon refusal.

School bonrd shall pay cost& Land taken without consent.

~oe~~r~:-nt SEo. 1. If the owner site the district school b . may condemn. oard may desll'e Manner of I procedure. or nyg 7c ts to grant the 'f h I sue owner cannot be dent 1shall appoint three

I

4.

6.

Owner may npp<:"nL IAlnd Commissioner

m a y seu.

of any real estate on whi h ' use refc a to Ioca t e a sc h ool ho . . ' ' uses s1te on his or her premises ' or found, the , county superintendisinterested persons, none of

59

whom shall be . residents of the district) whose duty it shall be, after taking n.n oa t h to faithfully d ischruge the duties imposed on them by this subdivision, to inspect such real est te and assess the d:tmages which such owner shall sustain by the appropriation of his land for the ue of said house and school, an d m1,1.ke a report to said county superintendent, giving amount of land and damages,· with exact location of land , and who shall file and preserve the same in his office. E ach person acting as such appraiser shall receive the sum of two dollars per day for h~s services.

SEo. 2. The school board shall pay the cost of this school board pay costs of appraisement, and after payin o to the owner ot the land nud npprniseroen~ damages. the amount of d amages assessed may enter upon and · occupy the land as long as the district desires to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner Land reverta to owner, of the fee simple of the land from which it was taken on when. the pay:nent by him of the amount originally paid for . the land without interest.

SEo. 3. When l and is thus taken without the consent Land taken without conof the owner ' it shall not be more in amount than one sent, shnUno~ be more than acre, and all orchards, gardens, public parks, shall not one aero. be liable to be thus taken, nor shall land be taken within twenty rods of any residence.

SEo. 4. The owner of the land thus taken may appeal nppeal Ownermn:r to dlsto the district court, and such appeal shall be taken trict court. withiJl sixty days and in the same manner aud by the same proceedings as in cases of condemnation_by a railroad company for righ t of way , but. the school board scho!'t bo~d not ltable ,or shall not be liable for costs of appeal unless the court costs. grant greater damages than the committee of appraisal gave.

SEo. 5. When it is desired to locf\tc a school house ~~~rc~~;n:U • on sch oo ll an d b e [ongmg • tot . h e state, the s t a t e l an d land of state s1te for site; not ' ' ' h b h ' d t 11 t th d' ' more than comrnlSSlOner IS ere y aut or1ze o se o e 1stnct rour acrea. ... ('f'

•

60

TUE SCfT.OOL

J.A WS OF :'< E J ; : :~ SKA.

not less than one or more: than four acres, and give a deed to the district, in tee simple in the name of the state as in' other cases.

SUBDIVISION XIII-THE STATE NORMAL SCHOOL. Board of education.

Shall elect Pres't. and Sec'y. s. Duty of secretary.

4. Board shall appoint teachers.

5. Shall be reimbursed expenses.

6. Shall hold regular meetings.

7. Shall adopt rules.

8. Principal chief executive officer.

1.

2.

•

9. Sholl exercise guard ianship.

10. Students entitled to certificate.

11. Funds under control ofboa.rd.

12. Endowment fun tl.

18. Matriculation fee .

14.

15.

16.

Moneys from dormitory.

Purpose of the school.

Board to regulate admi'!S!on.

Under direcSEOTION :).. The state normal school shall be nuder tlon of board th d' t' f' b d f' d t' . e Irec IOn o a t>ar o e . uca 100, consisting of seven members, five of whom shall be appointed by the gov~::t~f~~d. ernor: for a term of five years each, and the state treasurer an d the state s,u perintendent of public instruction shall by virtue of their office be members of said board.

Presentmem· P rovided, that the present appointed members of the bers to serve time out. board shall continue to hold their several offices till the vacancies limit of the time for which they were appointed. All fill ed by governor. vacancies occurring in the board shall be filled by appointment of the governor. of education.

~~~d~~g;~d secretary:

Duties of secretary.

I

SEc. 2. The' members of the board of education shal'l annually elec t a presiden t and a secretary from among

their own number, and the state treasurer shall be treasurer of the board by virtue o( his office.

SEa. 3. It shall be the duty of th e secretary to keep an exact and detailed acconnt of the doings of the board, and on the first day of J an uary of each yea r he shall transmit to the governor a report of all .expe nd itu rcs m ade dnring the preceding years, vouchers for which shall be kept on file in the office of the , secretary , and open to the inspection of the governor, ~udi tor, and members of the legislature.

TH 1': f'CIIOOL LA"\ ·g

F

' EOR.ASKA..

61

Sro. 4. T he said board h all have po wer to appoint a ~~~;Ji~~t principal, assis ta n t t each er s, an d such other emplOJ ees as teachers. may be r equired , to fix t heir compensation and prescribe their duties. They shall h ave power to remove =gle~werto all persons appointed by them, provided that the affirmative votes of four m e mber s of the board ilh aU be necessary to remove a principal or an assistant duri ng the time for which such persons were appointed.

SEO. 5• T h e board of education shall r eceive• no·com- Sbo.ll no payreceive . pensation for their services, but shall be re1m~mrsed actual expen ses incurred in attending upon meetmgs of the board. · The board shall hold each year two r egular sbrul. ~!Oid tw~ SE O. 6• , meoti:Jgs. meetings, the last week of the spring term in J uue, an_d the last .week of the ·winter term in December, and such special meetin gs as may be found necessary.

Shall adopt SEO •7• The board sh all adopt all needful rules andre- rules, etc. gulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, &c., belonging to the school. . .

SEc. 8. The principal shall be the chief executive of~ ~J~utlvt ficer of the school, and shall be responsible to the board officer. for the control and management of · the same. All teachers and other subordinates in said school shall be tlllder the direction of the principal, subject to the g eneral regulations of the bua rd. . , . prmB~~ ~d SE•0. 9. The board in their regulations, and the , pnnClpa the 1 watcllso~fthe · 1 · his supervision and government of t!ie schoo Cl pa In . mora shall exercise a watchful· guardianship over the ~orals pupils. o.f the pupils, but no rel~giou~ or sectarian test sliall be applied in the selection of teachers, and .none shall be adopted in the school. · Any student having completed the common good,or eortlfJ_catetwo SEO. 10 . • • school course shall be entitled to a certificate, good for yea.rs. two years, in any part of the stat~; any .student co'mpl&ting the higher course of study m a satisfactory man.

62

F

Diploma good ner, shall be entitled to a diploma, wh ich diploma will entitle the holder to teach in any of the schools of the state witho ut fur ther examination for the space of thr ee Graduates of years. Any gradu ate of the higher course, who shall biJ;her course 1hall receive after graduation teach two annual terms of school of not diploma good / fur life. less than six months each, or their equivalent, and shaU • produce a certificate of good moral conduct, and satisfactory discharge of professional duties from the board or boards of directors of the district or districts in which the applicant taught, countersign ed by the county superintendent of the proper county or count ies, shall be entitled to receive an additional diploma, good for life: Three yea.Il! Provided, that any teacher producing sati sfactory roccessfnl Wlehing. proof of three years successful teaching previous to graduation in the higher course of study, may receive upon graduation diploma, good for life: Edncatlonnl Provided, that no life diploma shall be in force after eenrsuit must followed. its holder shall permit" a space of three years to l apse, without following some educational pursuit, unless said diploma be endorsed by the acting state superintendent. ~nds approSEc. 11. · All funds appropriated for the use and benepnatcd for the . norma! ~hooliit of the normal school together with the income 'tr i ~ a.nd nnstug ' c ~ f~~~s.:l:~~~~ ing fro m the lease and sale of the endowment lands b o~pgg~<;r.utrol longing to said school, shall be under the direction aud1 control of said board of education, subject t o' t he provisions herein .contained. The treasurer shall pay out of the proper funds all drafts for moneys to be expend~ ed under the provisions of this , subdivision, such orders or drafts to be drawn by the auditor on Cl:}rtifica~es by tho secretary, countersigned by the pre~ident of the board. ..No such certificates shall be given except upon ~~u~::ust accounts audited and allowed by the board in open meeting.

Endowment Sxo. 12. All the lands remaining unsold of th~ fupd oonilrined. twenty sections heretofore appropriated a.s an endowfar three years.

63

EBR A. KA..

T HE SOIIOOL LAWS OF NE BRABK.ll .

ment fu nd for t h e state normal school, and all the endowm ent fund h ither to d erived from the sale of such lands, shall b e, and t he sam'e is, h ereby confirmed as such endowment, to be forev er used for this pur pose. . r th e Students 8hiJl SEo. 13. S.t nden ts, wh en en tenng t h e scl1001 10r pny m ntricu. r f fi d ll lation fee. first ti me, shall p ay a m atncul.a twn J.ee o vc o ars.

The moneys th us recci ed sh all be p aid into the hands of the state treas urer, an d s hall be held as a library ¥~~ 88 llbrllo!l f nd, and th e board of educa tion shall, from time to ti me, appropri a te 'Ghe sa me for the ,purchase of books for the norm al school l ib r ary. . r h f Money rec'd SEo. 14. A ll moneys received 10r t e use o. roomsrromdormitory expended d . in the dormitory shall be expended by the boa:r m re-in repam. ete. pairs of dormitory and the furniture of the same, whenever such repairs are n ee9ed. .

• th eposeo!school ExclnslvepnrSxo. 15. - The exclnslVe purpose of th'1s sch oo1 18 training and in strn~tion of persons, both male and fe_stated. m a1e in the arts of teaching an d· managing schools, and ' • f in the princi ples and pra ctice of t"be various branches 1o learning ta ught in our public schools.

SEc. 16. · The board shall make such rules and regu-:'~~a;:. lations for t h e admission of 'pupils to the school fl.-,,; may;l seem to be !Jest fo r the interest of the school and not inconsistent with the purpose for which the school has been established.

I

64

NEBltASKA.

'!'BE SC!lOOL LAWS OF

TH E SOH OOL L.A.WS OF NEBRA.SKA..

SUBDIVISION XIV-SCHOOLS IN CITlES. 1. Nu mc ani! style.

2.

S.

4. ~-

6.

7.

8.

9.

10.

11.

12.

18.

ht l'roviso, adjoining territory. :!d Proviso, Fractional part exempt.

Under control of board of ednention.

Board shall consist of.

Ballots in separate boxes.

Shall take oath of office.

Regular ;monthly meeting.

Shall Eelctt their own officers.

Defines what officers.

Duty of President.

Duty of Vice-President.

Duty of Secretary.

Secretary shall give bond.

Incorporated

16.

17.

"".,,M '"'· ]

"'" - mconcerning & '"'" cities of the Proviso, first class.

14. Officers to turn o;-er funds, etc.

)

15.

16.

18.

19.

20.

21.

22.

23.

24.

25.

26.

'Zi. I

28.

29.

Shall havepower to fill vacancies.

Majority constitute n quorum.

Vacancy how constituted.

Accounts to be audited.

Shall take ci1umeratiun. 'l'eachersshall produce certificate.

Uniawful to have pceunillry i11terest.

Sale of school property.

Shall provide for paym't of debts.

Shall report estimate to Couuell.

Aggregate tax. '!'axes shall be paid in money.

Shall provide for iut'st on bonds, Investment of sinking fund.

May purchase bonds be for~ maturity.

Moneys to be paid to trcnsurcr of board. Repeals former lo. ws.

Emergency clause.

SEc. 1. ,That eaeh incorporated city in the state of

r,r~si~~~w~ Nebraska, or those Lm·f3after incorporated as such, having j!g~·c'f~~~-ad-a population of more than fifteen hundred inhabitants, . ~IJit~ho~~ con-including such adjacent territory as now is or h ereafter »Chool district. may be attached for school purposes, shall constitute o ne

1

school district, and be known by the name of "the school district of (name of city), in the county of (name of county), in the state of Nebraska," and as such, in that name, shall be a body-corporate, and possess all the usual powers of a corporation for public purposes, a nd in 1 that name and style may sue and be sued, purchase, bold, and sell such personal and real1 estate, and control such obligations as are authorized by law, and the tit le to all school buildings or other property, real or personal, owned by any school district· within the corpor ate limits of any city, shall, upon the or ganization of a district under the provisions of this subdivision, vest immediately in the new district; and the board of education by this subdivision provided, shall have exclusi ve

--=::

con trol ot the same for all purposes herein contemplated: Provided, That any territory not included within the~~~It:" corporate limits of a ny c i t _y , a nd containing territory or~~'i,~ybe a number of children s ufficien t t o constitute a school dis-::~~toa ' nn d er th e proVIsiOns · · · c h a p t er, may b y petition · · district. met o f th 1s signed by a t least a maj ority the legal voters of snch territory, and a majority of the board of education of snch city, be by the county s uperintendent erected into a separate district under the conditions imposed by this chapter: Provided, furth81·, That in case a ny city above de-~~;f~~i­ scribed shall embrace more than one entire school dis- g,\~~=~ trict and the fractional part of another school district~*'~; until • h'I n th e corporate 1'1m1ts ' o f sa1'd c1•ty, thetion W SJOrlty petlSball exten d Wit bo_e.rd of . . education. fractional p a rt so embraced w1thm said corporate limits shall be e:X:empt from the prpvisions of this subdivision, until snch time as a m ajori ty of the legal voters of said fractional part shall petition the board 9f education of said city to be included in said district, and upon the receipt of such petition by said board, the said fractional part shall be included within the said district, for all p urposes of this subdivision.

SEo. 2. That all schools organized within the limits~~-:reff~~f of said cities shall be un,der J;he dire ction and cont r ol ofdi.strict. the boards of education a uthorized by this subdivision.

Such schools shall be free to all children between the ages of five a nd twenty-one year s, whose p arents or guardians reside within the limits of said district.

SEo. 3. T he board~ of education contemplated by ~g~~gts~t 1 . • . f . b h h ll si:s: melllbers. thi s subdivision s l ta11 consist o SIX mem ers, w o s a. two elected each year e."'< cept as probe elected npon a gen e ral ticket from among the legal vided. voters who a re taxpayers, a t the time for holding t he g ener al city election in each year, a nd who shall hold t h ei r offices for the term of three years ;

-5

66

THE SCHOOL LAWS OF NEBR ASKA.

Provided, That at the first election after tbe t aldn g effect of this act there shall be elected three mem bers two to serve three years and one to serve two years, a nd at the second .election after the taking effect of t his act there shall be elected three members, two t o ser ve three years, and one to serve one year, and annua11y thereafter two members shall be elected to serve three years; and all so elected shall serve until their s uccessors are duly elected and qualified; P1·ovided, furt!Lm•j That in cities of the first class the board of education shall consist of nine members, who ~~·!~~e~~. shall be qualified electors of said city, and who shall be actual taxpayers, who shall be elec~ed at the times and hold their ofiices for the terms hereinafter prescribed , to-wit: At the annual cit,y election to be held in 188 3, there shall be elected six members, three for the t erm of three years and thre~ for the term of two years, and annually thereafter three shall be elected for three years, and all members so elected shall serve until t h eir Mayor sh all call election. successors are duly elected and q nalificd.

It shall be the duty of the mayor of any city now organized, or hereafter organized under the provisions of this subdivision, to givepubhc notice to the electors thereof ofthe number of persons who shall be chosen by them as members of a board of education for the school district of (name of city) at the ensuing annual election for city officers.

Cftlesofflrst

:Ballots shall be llepositedboxes, in espccilll

SEc. 4. · That the bal1ots for the election of members

~:d~e~~r~fec· of the board of education, for authorizing the issua nce

tion board.

of bonds, or the purchase of sites and erection of bnildings, shall in all cases be deposited in boxes especially prepared for that purpose, and be received, and returns made by the regular election board ; but the returns for

TilE SCHOOL

L A.W

OF N EBRASKA..

67

t.he elect ion of m ern bers shall be canvassed in the same

·

man ner as p r ovided fo r i n the case of city officers; the re turns fo r the issnancc of b onds, purchase of si tes, and Returns lllAde to nnd =e rect ion of b uildings sh all be m ade to and can vassed by = ~ben. tho board of ed ucation .

S&o. 5. T h at a ll p ersons el ected · as mem hers of Members chall boards of education shall, on or before the first Mon? ay taka 0 lb. of th e m onth follo wi ng t h e ir election, take and subscribe the us ual oa th of ollicc. In case any person elected Falllng ro doao . ] . 'd d l. election is deshall fail so t o d o, lus e ect10n shall be vo1 , a.u t ue va- e!ru:ed vo.w.. caney th ereby occasion ed sh all be filled by the board, as h ereinafter provi ded .

SEC. 6. That t he r eg ul ar meetings of the boards oh egnlar mee..

• i n" slu\11 bo education shall be held upon the fi rst M onday of each hc1d fi rst Moe· d ' Y of caoh mon th; but sp ecial meetin g s may be held, from time month. to time, as circu msta n ces m ay demand, and all meetings of the board sh all be open to the public, unless otherwise specially or der ed .

SEa. 7. Tba t t he b oards of educat ion shall have p ower Board all~ • select tboo.rown to select their ow n officers, m ake their own rules and officers. regulations, subj ect t o the provisions of this subdivision ; bot no m ember f the board, except ing the secretary, shall receive or accept any compensation for services performed in disch a rging the duties of his office.

SEo. 8. That the members of each board of education ~~;~~~all at their first r egular m eeting succeeding their election, when . each year , sh all el ect a presiden t , vice-president., and E-ecretary from t heir number, who shall serve for the ter m of one year, or until their successors are elected ; they~~r;~~Aeb:­ may also elect at a ny regular meeting, one sup~rin tend- chosen. ent of public instru ction, with such salary as the board ' may deem jnst , and they may en ter into contract with him in accord a n ce with their discretion, for a term of years not to exceed three years. The election of the

- - - - - - - -........

--~~

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68

THE

THE SCHOOL L.A.WS OF NEBRASKA.

SEO. • 13.

~!~~i~~osrllo:ffi.cers

of the board, of the superintendent and teachers, and for filling vacancies in the board, shall be by ballot, and no person shall be decl.ared elected except he receive the vote of a majority of all the members of the · board.

That it shall b~ the duty of the president to at all meetings of the board, to appoint all committees, whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education, to be drawn upon the city [or county] treasurer for school moneys. vtce-pre&ldent SEc. 10. That it shall be the duty of the vice-president to perform all the duties of the president in case of his absence or disability.

SEC. 11. That it shall be the duty of the secretary to Duty ofSec'y. be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of ita books and documents, to countersign all warrants for school moneys drawn upon the city [or county] treasurer by order of the board, to apply for and receive school funds from the county treasurer, or other person to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform all such other clerical duties as the board may require; and for his servic~s he shall receive such salary as the board may deem adequate. secretarY shall SEa. 12. That before entering upon the discharge of · gi-re bond . his ~uties, the secretary of the board ~hall give bonds in a sum not less than one thou sand dollars, to be determined by the board, with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer, that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office.

Duty of president.

69

That the ci ty treasurer of such city shall be City Treasurer er.-6Jficio treas-

ez...a.fficio treasurer of the board of education • He shall nrer board.or the

SEc. 9.

presid~

OEIOOL L.A.WS OF NEBRASKA.

l

attend all meetings of the boa rd, when required to do so; Dutydefined. shall prepare and submit in WTiting a monthly report of the state of its finan ces, and shall pay chool moneys only upon a warr ant, signed by the president, or in his absence by the vice-president, and countersigned by the secretar y . He sha ll g ive bond p ayable to the county, in twice the sum that may be in his possession at any one time, of moneys belonging to or under the control of the board of education .

SE.o. 14. That within ten days after the permanentPropertympst · · f b ·d be turned over orga.mzat10n . o a oar of education, as provided for in to.ne.w board w1thin ten this subdivision, it shall be the duty of all officers o·fdays. school districts within the limits of cities aforesaid, to deliver to the officers of the board all property, funds, and papers entrusted to their care, for the use of the public schools of such cities, and all funds thus received shall be immedi ately paid to the treasurer of the board and be by him placed to the credit of the school district provided by this subdivision.

Sxo. 15. Tha the boards of education shall have power Board hnsfill to power to :fill any vacancies which may occur in their vacancies. body from a mong the legal voters who are taxpayers.

Provided, tha t any vacancy occurring more than ten When must b evacancy filled days previous to the annual city elections, and leavingatCity electlon. au unexpired term of more than one year, shall be filled at the first city election t hereafter, and the ballots and returns shall be designated as follows: "to fill unexpired term."

Sxo. 16. That a majority of all the members of each~~~~t~cou­ board of education shall constitute a quorum, but a less quorum.

70

number in attendance, at any reooular meetinO" shall 0 bl have, and a quorum at any speci al 1uec ti ng w a.}' lla ve, power to compel the attendance of absent members in ' such manner, and under such penalties as each board A.baence l'l'om regular mcet- shall see fit to prescribe, and the absence of any member ~C:acates from four consecutive regular meetings of the board, un less on account of sickness or consent of the board, removal from the district, or resignation accepted by the board, shall vacate his position on the board, and such vacancy shall be filled in accordance with the provisions of this au bdi vision. ' .looounfll mll.!t SEa. 17. That all accounts shall be audited by the be o.udited by committee 011 secretary, approved by a committee, to be styled the dte.l.m.L committee on claims, and no expenditure greater than ~wo hundred dollars shall be ,v oted by the board, except m accordance with the p10visions of a written contract; : :1%•KPi::; nor shall any money be appropriated out of the school !n'"&~rded vote f!J~d, except on a recorded affirmative vote of a majority of all the members of the board. · ~erde~~era· SEO. 18. That the boards of education shall annually tron of youth cause to be tak en an enumera t"wn of a ll persons between &n d report to CJo. Su,pt. t he ages of fi.ve and twenty-one years, residing in the district, who shall report the same, to!-ether with sn eh other information as required by sections twelve and seventeen of subdivision IV of this chapter, to the county superintendent of public instruction at the time specified by law for like returns from other districts.

Per-sonsmA~· SEc. 19. That all persons m akin~ applications to applica tion • . each m usalt boards of educatwn as teachers m grad ed and hi o-h duce leg b JUttificate. schools therein, shall be required to produce a legal certificate given by some authority authorized to g rant • ' teachers' certificates or from an examining committee ap poi nted by the board. And for such purpose the board of education is auth orized to appoint three compe tent persons, at such t.imes as may be deemed expe-

! /

THE SCHOOL LAWS OF NEBRASKA.

T HE

S C IIOOI~

L AW S OF NEBL.ASK.A.

71

dient, who sh all be s tyled "th e ' examinin~ committeenoaro author· • !:red to nppoln' of the board of educat ion," a nd whose duty It shall be to an e." l\mining commlL tee apply to them as teachers w hu su"n exami ne all pe r ons wh o m ay < 'examine llppll· . ~ th cants and grant an d teachers rece1. vmg sueh cer t"1 fi ca t es se tt'mg 10r certificates . h . h bl' empowering that such person IS competent to tcac m t e pu lCt.hebearerto t.ench In t.ho schools of the city, and is a person of good moral char- city IChooa . acter, shall be entitled to 0 all the benefits arising from a certificate issued to any teacher under the laws of this state. Any certificate granted by such committee mayeertttlc.&temsr , · ~ be revokod. be revoked by tho board ot e d ucatwn, 10r any reason which wonld have justified the ithholding thereof when the same was gra nted, or for gross negligence of duty, incompetency, or immorality.

SEa. 20. It shall be unlawful for any member of the Onlawflll to • • • hl\vc pecuniarr in go,. .. board of educa tion to h ave any pecnn1ary Interest, e1ther interest contracta, directly or indirectly, in any contract for the erection of school houses, or for warming, ventilating, furnishing, or repairing the same, or be in any manner connected with the furnishing of supplies for. the maintenance of the schools.

Sxa. ~1. No school property of any kind belonging ~~~~~1~~Ei1 to any school di s tric t shall be sold by the board of edu- ~~~do;,ter . regular . except [upon an or d er passed] a. t a regu1ar mee t -meetlni. catwn, ing of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of the board. to,._ SEa • 22 • Each of the school districts provided for in Bon.r? provtde ...,r section 1 of this subdivision shall have the power, and ita~b~~~~~~ ghall be the duty of the board of education, to providesededdilltrlclll. for the payment of debts created by school districts or other school organizations superseded by the districts herein provided for, when such debts shall have been incurred in the erection of school houses, or for other school purposes; if any ·portion of such debts sh~ll be in the form of bonds, if issued for a valuable consldera.tion and in accordance with law, the validity of which

72

r THE SCHOOL LAWS OF NEBRASKA.

THE SOHOOL LAW

73

OF N EBRASKA..

I

~~~t~~~ old has not been called in 'question, or if called in question, :;:~g~gn· have been declared by courts of last resort to be valid, ~:~~:l.re,:c~ the holder or holders thereof, on surrendering the same and bond.qof 'd b . new to sa1 oard, shall have the l'lght to.demand, and it shall gwencq.~trict m place. be the duty of said board, in the name of the di strict created by this subdivision, to cause to be issued other bonds of like amount, of the : arne tenor and eftect as to payment of principal and interest as the bonds am-rendered. This provision shall also apply to cases where only a part of a district shall be embraced within the district created by this subdivision, whenever said fractional part shall petition and become a part of said district, as provided for in section one of this subdivision· 6'~1a1ii~tmust Provided, The latter shall assume and pay only' such apportioned. proportion of the debt of the divided district as the a ssessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In ca se Procedure.b_l case of di runon of a division of one or more school districts for the pur~t~:~~~ pose of forming one school district wi,thin the limits of a ~~~~~erthis city of the first class, it shall be the duty of the county superintendent of public instruction, the president of the board of education~ and the director of the school district, to appraise and adjust all claims or assets iu such a manner that each district sh all bear its proportion of the indebtedness, as heretofore provided, and have its proportion of the assets of said dlstric-t.

Board sh a ll SEc. 23. That the board of education shall annually , ~rtan n u· to ~lt~c~~~u, during the month of June, report to the city council an ~~~:~or:t estimate of the amount of funds required for the sup~~:~Error port of the schools for the :fiscal year next ensuing, the sinking fund. amount of funds required for the purchase of school sites, the erection and furnishing of school buildings, the payment of interest upon all bonds issued for school purposes, and the creation of a sjnking fund for t he Council is antborized to payment of such indebtedness; and the city council is levy and wReet. hereby authorized and, if approved by the city council,

7eq_nired to levy and collect the necessary amount the aa:me as the other taxes: P ovided, h owever, that in the cities of the :first class, ~~:~~~ case the purchase of school sites and erection of build- ~~~~r . an expen d'1t ure excee d"m g :fi ve th ou- submitted $5 000mustbe .;""~ shall reqmre to ~EaDd

•

•

vot.eof electom.

dollars for a ny one cal endar year, the questwn 11 be submit t ed t o a vote of the electors of the dis"c t at the time a n d pl ace of a ny city , county, or state t:..:..ecti on. The b oar d of e du cation s~all, previous to such election, desig nate in at l east on e daily p aper published in the district wher e such election shall be held, the locali ty of the site or sites r equired, and the cost of the n ilding to be er ected thereon.

S~. 24. Tha t the a e-gree-a te school tax shall in no A.ggregateta."C '-' '' , must not . one year exceed t wo per cent upon all the taxable prop- ~~=erty of the di s trict. , SE<J. ~5. Tha t all t axes collected for the benefit of the ~~rinm:Sa1~~­ pnblic schools shall be paid in money, and shall be subject to the order of the board of education.

SEO. 26. That the ~o ard ·of education is hereby au- ::~d~?o~ thorized and required to pro vide, before the same shall t~~::ton }-)ecome due, for the interest on all bonds issued by the district; they shall also, immediately after the expiration of one-half of the time for which said bonds are 'c:sned, proceed to set apart, each year, for a sinking fund, a :requisite amount or proportion sufficient to J?&Y the ~~~~ed~· p rincipal of said bonds when they shall become due. ..AJ.l money~ set apart ~or said sinking fund shall be in-vested: .

F&st. In the purchase and redemption of bonds ofH~;6~;ees~fd , -the school district, which bonds shall be' purchased in ~t~1~ff open market, in such manner as the board of education jtb all prescribe.

Second. In bonds of the· county in which the city is countybouds. sri.tnated.

State bonds.

T!Wrd. In bonds of the State of ~ebraska.

•

74

THE SOHOOL LAWS OF NEB RASKA.

Bonet..

Fourth . . In IT. S. bonds.

Fiftl~. In bonds of the city.

Purooase of SEa. 27. That if it shall be deemed advisable oy the bon ds before maturity. board of education to purchase bonds issued under the ~~~~ea. provisions of this chapter, before maturity, the treasurer shall sell to the highest bidder, in open market, and in a. manner prescrib~d by the board, such b~ nds or securi tie 11 as shall belong to the school funds, and the proceeds thereof shall apply to purchase of bonds herein provided for.

Honey!! p&yaSEO• 28 • Th a t a11 moneys ar1smg f rom any source ble under the

•

~::!~~~sed whatever, which, under any prior act or acts of the le~is0 ror school pur- 1 t f th. po~es shnll be a ure o 1s state, are paya ble to any school fund of pa1d to the • treasurer or any City of the state ' or any moneys which are req tlt'red' the boa rd of education. to be set apart by the treasurer of any such city for the support and maintenance of any school heretofore organized therein, under any general or special law, shall on and after the passage of this subdi vision, be payabl~ to the treasurer of the board of education, and shall be used onl_y for the purpose specified in this subdi vision.

Ads repealed.

And be it further enacted that the act entitl ed "An act to esta blish a System of Public Instruction for the Sta te of N ebraska," approved Feb. 15, 1869, and all acts and parts of acts amendatory thereto; also a n act entitl ed" An act relating to public schools in cities of the second cl a ss where g raded and high schools are or hereafter w. ay be established," approved F eb. 25, 1875, and all acts a nd parts of acts amendatory thereto; ~lao an act en ti tlcd "An act relative to publiQ schools in cities of the first cla ss," approved F eb: 6th, 1873, and all acts and parts of acts amendatory thereto; also an act entitled "An act to locate , establish, and endow a state norm al school," approved J nne 20th, 1867, and all acts and parts of acts a m endatory thereto ; also an act en t.i tred "An act su ppleme nta rv to an act entitled "An act to locate, establish and e ndo~ a state normal school," approved June 28 th, 1867, a p-

T ll E SCllOOL L.A.WS OF NEBRh.SKA.

715

~oved Ma rch 3, 18 71, a nd all ac~ and p ar ts of acta ~enda tory th ereto, a rc h e reby repealed.

SEC. 29. .A.n eme rg en cy ex ist ing, th is act shall take ~t and be in fo rce fro m an d after its p assage.

Appro ved M a rch 1, 188 1. .Amended a nd a p pro ved F ebruary 28, l883.

EmeJ:&Cnc:r.

[I.]

AN ACT pro-vide for tho r egis tra tion of co un ty, precinct, city , and school distri c t bo nds h eretofore voted, but not issued.

Bait 8nacted by the L e.r;islature oftlM Sta.te if N eb1•aslca: SEOrioN 1. It eha ll be the duty of the proper officers to Duty ot oftloe,t" make a wrtt· af any county, town s hip, precinct, city, or school dis- ~"~~~e~':~ rict in which any bonds, iss u ed for works of internal ~~~~r tr.oprov~ment, have b een heretofore voted under-the au:hori ty of any l a w of this state, before the issuance of ench bonds, to m ak e a written sta tement of all proceedings relative to the vote upon the issua nce of such bonds, ' th e notice of the election, manner and time of publication, questions of submission, results of a canvass of the rote on the proposition on account of which it is prou~ed to issue such bonds, together with a full statement qf t he assessed val nation and total bonded indebtedness ()! the county, as well as the assessed valuation and total beDded indebtedness of the township, precinct, city, or rohool district voting such bond~. Such statement shall be certified to under oath, by the p roper board or city ecnocil, and be transmitted, with the bonds proposed to e issued, to the auditor of public accounts. ,, S.E<J. 2. The auditor shall examine the statement and :~r~~~::­ iJOilds so submitted to him, and if be be satisfied t il; t~~wd 111ch bonds have been voted in conformity, to law, and

76

THE SOHOOL LAWS OF NEBRASKA.

77

T HE SOIIOOL L.A.WS OF NEBRASKA .

.are in all respects in due form, he shall record the sta.tement and register the bonds in his office; and no such bonds shall be issued or be valid unless they shall be so registered, and have endorsed thereon a certificate o1 said auditor and the secretary of state, .showing that such bonds areJssued pursuant to law, the data filed in the office of said auditor being the basis of such certificate.

Auditor to cer· SEO. 3• [Jpon th e regis • t ra t'IOn of sueh 'b ond s aJ.ore.c t1fy .to registra. don of bonds. 'd th d. ,. , sa1 , e au 1tor of pnbhc accounts shall certify the fact to the proper officers of such county, city, township, or school district, whose duty it shall be to enter the same upon the records of,the caunty, city, or township, as the case may be, and taxes for the payment of such bonds and the interest thereof, shall be levied in the manner provided by law.

Approved February, 1879.

'ct can effect such substi t ution and exchange at a rate Ll~t to exceed dollar for dollar.

S:zo. 2. The new bond so issued shall have recited ~::e,~~doo Ue?eiu the object of its issue, the t i tle of the act under~~o~llieir :lrich the issue was made, stating the issue to be in pur-Issue.

•nance thereof, and shall also state the number, date, d amount of the bond or bonds for which it is substited, and such new bond shall not be delivered until me surrender of the bond or bonds so designated.

S:zo. 3. The new bonds so isst{ed shall not require a. Nh~ bontd!

• s vote of the p eople to authorize such issue, and they shall~~';~: oo paid, and the levy be made, and tax collected for their payment in accordance with laws now governing the ~d bonds heretofore issued. .Approved F ebruary, 1879. ~ no

[III.] A N ACT [II.]

Q

AN ACT To provide for the fu nding of outstanding sch ool district bonds. (

B e it enacted by tiLe L egislat'l.t'l'e of tiLe State if N ebra8ka: Sehool diBtrict8 authorized to !isue coupon bonds.

SE<YrioN 1. That any school district in the state of Nebraska which has heretofore voted and issued bonds to build or furnish a school house, or for any other purpose, and which bonds, or any part thereof, still remain unpaid, and remain and are a legal liability against such district, and bearing interest at ten per centum per annum, is hereby authorized to issue coupon bonds at a rate of interest not exceeding seven per centum per annum, to be substituted in place of, and exchanged for Inch bonds heretofore issued, whenever such school dis-

,

provide for the issu ance a n d payment of school distri ct bonds, as approved and amended F ebruary 28, 1888.

Be; it enacted by the L egislatu'r e oftl~e State if N eb'raska: 6:EOTioN 1. The distric t officer s of any school district District !Jfficers bave to 1ssue ',~ _ ebraska sh all h ave power to issue the bonds of the bonds. ...: rict, for the purpose of pnrcha:sing a site for, and ., ectjon thereon, a school h ouse or school houses, and f< rnishing the same in such district, on the terms and ~)llditions set forth in the succeeding sections of this ~-

B:EO· 2. No b onds shall be issued until the question ~hl~~g~~~g ;_~ been submit,t ed to the qualified electors of the dis- :le%~a;;~ed .. :ict, and two-thirds of all the qualified electors present /.', d voting ori the question, shall h ave declared by their Qtea in favor of issuing the same at an election called

78

'l'.EIB SCHOOL LAWS OF NEBRASKA.

TUE

for the purpose, upon a no tice given by the ofiicers of tpe district at least twenty days prior to such election.

~i:J~~~o~ SEa. 3. No vote shall be ordered u pon the issua nce ~~~~~~~~'d11to of such bonds, unless a petition shall be presented to

the d.Is t net . b . oard , suggestmg that a vote be taken fo:r or against the issuing of such amount of bonds as m ay therein be asked for, to purchase a site for, or build a school house or houses, or for furnishing the ~ccessary furniture and apparatus for the same, or for all of these purposes, which sa"id 1•etition shall be signed, by A.t least one-third of the qualified voters of such district.

Bonds not to S 3 Tl a:x.ceed in the EC. • lat no such bonds shall be i ss ned in the aggrcgale fl ve percemoqnx.aggregate amonnt to exceed :five per cent of the taxable able valuauon l . . ·~a uatwn of the district for coun ty and state purposes, f~r the year next preceding such issne; nor sh a ll any district issue bonds unless there are a t leas t twelve children of school age residing within such district. :~~~ ~~oSEc. 5. The amount of bonds shall in no case exceed ~rt~~~~~g1~::five hundred dollars iu those districts having less than twenty-fiv? schola~s and not less than twelve of school age; and [the amount of bonds shall not exceed one ~~u-~and dollars when the number of children of school ~ge are twenty-fi ve, o1·: more, and less th an fifty ; and the amount of bonds shall not exceed two thonsa~d dollars when the number of children of school age are fifty or more, but less than one hundred; and the amount of bonds .shall not exceed five thou sand dollars when the n n m ber of children of school age in the distdct are on e hundred or more, but less than three hundt·ed; and in districts having· three hundred or more child1·en of school acre 0' such an amount of bonds may be issued :as m ay be agreed npon, not to exceed five per cent of the a ssessed valuation.

1ntei"ESl on SEc. 6. The bonds~issued under this subdi vision shall bOilda. draw such interest as shall be agreed npon, but not to exceed seven per cent per annum.

SEc 7. The bonds shall specify on their face the d a te diatrict board.

'

SCB OOL LA.W

OF

' E BR ASK.A.

79

amount, for what purpose issu ed, the time they run, and ~~\,=; 0,. , ~ rate of i nterest ; shall be prin ted on good paper, theirfa.ce.. · th coupons attached fo r each y ears or h alf-year's interest, and the a mount of each year ' s interest shall be a.ced in correspo nd ing cou po ns un til su..ch bonds shall become due, in a m a n ner so as to h ave the last coupon ll due at the same t ime a s the bo nd ; said bonds and pons thereto atta ch ed shall b e severally signed by e director, m oder a tor, and tre asurer of the distr ict J., ard.

SEO. 8. It sh all be the duty of t h e p r oper officers of nutyofotllcem · tq m nk e_written any school district in which any bonds m ay be voted s~tem':nt relo.t.i \"C tO ISSU&OCO nn er the authority of any la w of this state, before theofbouds.eto. ance of such bonds, to m ake a wri tten statement of all p roceed ings relative to t h e vote upon the issuance of tn.ch bonds, the notice of the el ection, manner and ti me of giving notice, question of sub mission, results of a canvass of the vo t e o n the proposition on account of bich it is proposed to issue s uch bonds, tog~ t.her ·with a fall statement of the assessed valuation, the number of ild ren of school age r esiding in the district, and total bonded indeb ted ness of the school district voting such oonds. Such statement shall be certified to under oath by the proper school board of the district, and be transmitted with the bonds proposed to be issued to the audi· tor of public a ccoun ts.

8.Eo. 9. The auditor shall examine the statement and Au~lltortoex· nmme stnt&ds so submitted to him, and if he be satisfied that bo~:is~d s.n.ch bonds have bee n voted in conformity to law, a nd aTe in aJl respects in due fo rm, he shall record the statement and reg ister the bonds in his office, a nd no such o nds shall be issued or be valid unless they shall be so :registered and h ave endorsed thereon a certificate of said a di tor and secretary of state, showing that such bonds a.r e i ssued pursuant to law, the data filed in the office of .-ai.d auditor being the basis of such certificate.

80

THE SCHOOL L.A.WS OF NEBRASKA. .

fti;.<lf:~:i=

SEa. 10. Upon the registration of such bonds aforeuon. said, the auditor of public accounts sh all certify the fact to the county clerk of the county in which the district is situated, and also to the proper officer s of such school district, and whose duty it shall be to enter the same upon the proper records of such school district, and taxes for the payment of such bonds and t he interest thereof shall be levied in the manner provided by section thirteen of this act. , AA,di:tio~ cer· SEa. 11. If the auditor of public acco unts is not sa.tis1:;~\!~rd- fied that such bonds have been i ssued according to law, be shall return the same to t he proper 'officers with a certificate to that effect. ~~~~:r~Y SEa. 12. · Bonds heretofore issued under any of the be registered. provisions of any law of this state may be r egistered in the office of the audit or of public accoun ts upon complia~ce with_ the provisions of this chapter, but nothing herem contamed shall affect the validity of bonds heretofore issued, and not registered under any law of this state. go=~n~n

SEa._ 1~. It s_hall be the duty of the board of county com nusswners m each coun ty to levy annually, upon all the taxable property in each school district in such county, a t~x sufficient to pay the inter est accruing upon any bonds Issued by such school dist r ict, and to p r ovide a sinking fund for the fin al re demption of the same such lef y to be made with t he annual levy of the county: and the taxes collected with other tax es, an d when collect~d shall be and remain in t he hands of the county treasurer a specific fund for the p ayme nt of the interest upon such bonds, and for the fin al payment of the same at maturity. It shall •be the duty of the county clerk to furnish a copy of his register to the county treasurer. :~~~s~hool SEa. 14. That the phrase and expression "scho ~l dis· Dlatrict." tr•IC, t" as use d m • t h e preced"mg section, is hereby declared to mean, intend, a.nd refer to the school district as pay intereat.

SEC. 13. The county commissioners

t b

·

d t 1

payment of the bonded indebtedness of 8 e't.mtr9 t e r~w,m r~ 0 ev:r: the necessary taxes fo r the of the district.-[From Maxwell's Practi~~ P~ 3 §~ . W l ou a ny nct10n of the voters a n d officers

THE SCHOOL LAWS OF NEBRASKA .

81

it existed immediately prior to and at the time of the issuance of any bonds by said district, including all lands a.nd p roperty and inha,bitants comprised and contained in said school district at the time of the issuance 0f any bonds, and including all and &ny portions of said district subsequently sep ara ted from said district, whether by the form ation of a new distrjct or by any change of boundaries of said original district.

SEa. 15. A ny money remaining in the h ands of any Surplm m.~nety a.fter ~ymen t reasurer, after t he p ayment of interest due on any bonds or in rest. which a'r e a v alid and legal obligation against the school d istrict to which such money belongs, and the retention of a sufficient amount to pay the accruing interest upon such bonds for the current year, shall be retained as a sinking fund for the final redemption of such bonds, and shall be, by the treasurer, when so ordered by the school board, invested as follows, to -wit: First' in redeeminan the bonds of the school district issuina- the same· second, 0 ' in registered bonds of the county in which the district is situated; third, in the bonds of the state of Nebraska; fourth, in the bonds of the United "States · P rovided ' ' that the bonds thus purchased shall in all cases be purchased at the lowest market price, after twenty days' notice by publication in a.t least one newspaper published and in g eneral circulation at the capital city or town of the state; the cqst of which advertising, at legal r ates, shall be p aid out of the sinking fund for the redemption of such bonas.

SEc. i 6. When the interest and principal ' or interest xnent Where P.ayte-rest ofin only, of such registered bonds are payable in New Yorktobexnade.

City, or elsewhere out of the state, payment shall be then m ade at the place so designated in such bond· or coupon, or at the financial agency of the state for such purposes, a.nd in order that the funds may not be misapplied, the treasurer shall procure a draft for the amount, to be transmitted by drawing his check on some bank in - 6 \

.

82

THE SCHOOL L AWS OF N E B RA SKA

this state, and both check and draft sha ll be so endorsed as to show upon wl;lat bond or bonds t he fun ds shall be applied; or, at the reques t of the p arty h olding o r owning said bonds, payment m ay be m ade a t the office of said treasurer.

How tax to be SEc. 17. The tax and funds so collected shall be appropriated. deemed pledged and appropria ted to the p ay m ent of the interest and principal of the ·eg ister ed b onds h erein provided for, until fully satisfied, and the treasurer shall be liable on his official bond for the faithful disb ursement.; of all moneys so collected or recei ved b y him .

SEC. 18. When any reg istered b onds shall m a ture, Bon ds to be paid off at maturity. the same shall be paid off by the treasu.rer , a t th e p lace where the same are payable, out of a n y m oney in his hands or under his control for tha t purp ose, and when so paid the same shall be endorsed by the treasurer on the face thereof, "Cancelled," together with the d a te of such payment; and thereupon be filed with the clerk, who shall enter satisfaction of such bonds upon the records of such school district. In case said b onds are payable out of the state, an allowance of one-fourth of one per cent shall be made to the trea surer for the expense attendant in making such p ayment, to be deducted from any money in his hands remaining after payment of such matured bonds.

Acts in conflict SEa. 19. And ·be it furth e?' enacted, that the act enrepealed. titled "An act to amend an act entitled An act to es tablish a system of public instruction for th~ state of Nebraska," approve,d February 25, 1875; and als o those portions of the act entitled "An act to provide for the registration of precinct or township and school district bonds," in conflict with this act, and all other acts and parts of acts inconsistent with this act, be and the sam e are hereby repealed. Provid ed, that nothing in this act shall affect the validity of bonds heretofore issued.

Approved, February, 1879.

Amended and approved March, 1883.

1.. (

T HE SCH OOL L AWS OF NEBRASKA.

S3

.FOHMS FOR THE UBE OF SCHOOL OFFICERS. F ORM I. N ot ice by tlw Cotmly Sttp!Yr intendent to a Taxable I nhabitant of tl1e F01·mation of a New D istr ic t.

T:EI:E STA1':E OF

· · ······• ········

N EllR.ASKA ,}

·········• county .

., [ S ee Sec. 5. Pu b. I.]

To A········· ············· ·· B.............:··· ·······• W hereas, o n t h e ... . .. . .. .. .... day of..... . .. ... .... .. .... , n t h e wr i tten p etition of a maj ori ty of t h ose qu a li fied to vote at ·any 18·· ·• u p~ecti ng in sc hoo l d istri c t No ...... . ,in said co u nty, I changed tl e bou nscb~o l ~ said d istri ct by d etach ing t h erefrom cer ta in terr itor y, bo und ed as fo lda t"l e.s 0 [Describ e bou ndari es] ; _whi c h territory , so d etached , I have fo r med into . Jo' vs · d istric t N o . .... .. , of sm d cou nty , and h ave fixed the time and place for 5 cho~ l "' t h e fi rst meeting i n sa id distri ct as fo llows, viz.: A t t h e hou se of.. ... . .. .... . , !J o ld •:'"' di strict , o n t h e ...... .. .... d ay of ............ ..... . .. , 18 . .. , a t . .• : .. o'clock ... n1. ill st1ld a r e th erefor e directed to n oti fy ever y qu ali·f ied vo ter of said d ist ri ct , you o n ally or b y leav in g n copy of t his notice at hi s or her p la ce of resiei th er ~;r:h e time an d p lace of h old i ng sai d meeting, at least five days befor e th e dence, ·oted th er efo r . · tiJl'le appol ill e ndorse o n t h is notice a r eturn, sh owing such n oti ficat ion, with th e y o u '\Vt thereof, and d eli ver such notice and return t o t h e ch air man of th e d ute or d u es d er m y h a nd thi s .. . ... d ay of ......•••. •.....•. , 18 .. . .

rneetin g ·

Given u n

O......•...... .... . D ........... ...... .

County Superintendent of P ublic In stru ct ion .

·-A qualified voter is any person, either male or female, of twenty- one_ yea.~·s or RE~r~JfS:S:

the district, and owning real property or personal property assessed m h1s Ol' e residing 10 1 t assessment, or having children of school age. ag as her 'nam e a t the . fl.icers must be elected from th e qual 1"fi e d voters. . . '[h e distnct 0 . t .5 fa nned from unorganized territory, the notice in regard to bouudanc~. d istriC J \ Vh eD 11 be changed accordingl_y. , " . , . etc. , should . adopted from Just1ce J\Iaxwell s Pmct1ce.

Th is rorm ' s

FORi\1 II.

Fonn of en

d orsement of 7-etun~ of t he Notice of Fonn I, by Tnxablc, Inhab itan t., . [ See Sec. 7, S ul.J . I.] the . ......... ........... 18 ...... , received thi s n o tice, and L h ereay retur n t h e wi t11i n (or annexed ) ····· ··· · ·

······················B···

A .... ........ ... ... ......

................. ,

84

T HE SCHOOL LAWS OF NEBRASKA .

THE SCHOOL L.AWS OF NEBRASKA.

notice, and have n oti fi ed the voters as stated below, they b ein g all tbe qualified voters of the district.

FORM V.

Fo?·m of Acceptance of O.ifice by the D istr ict Officers, to be filed with the D i1·ector.

DATE.

NAMES .

.A .... ....... ..•. .•. B .... ........... ... . c .......... ....... .. D ................ . .

HOW N OTIFIED .

[See Sec. 3, S ub. II.] I do hereby accept the office of.... .......... .......... in school di strict No .. ...... .. ..

Febru ary ... , 18 .. . ... Personall y by read 'g notice.

F ebru ary . . . , 18 . ..... Wr itten notice

of...... .. .. ..... ... county.

·········································· ········· ·················· ··· ··························· ············ I

REJ.!.Al'ltll~-The

A . .. .......... .... . B ......... ....... ..

acceptance must be filed within ten days after the election or appoint:IIlent,

or the office is vacant.

Dated a t ..... . .. ............. ... , thi s ........•... day of ........ .. .............. 18 .... . .

(Signed) .

A ............ ... ... B ..... ........... ..

FORM VI. FORM III.

Reco1·d of p1·uceedings of m eeting.

At a meeting of the qualified voters df school di str ict No .. .... , in .. .......... . county, N ebr aska, held in pu rsu ance of th e above notice, and at t h e t ime a nd place designated therein, on the . ... .. ......... day of .... .................... , 18 ..•... , A ............ .. . B ....... ... .... .... was elected chairman, and C ............ . .. D .............. , · secretary; whereupon the qu alified voters present el ected E . ............... .. .. .

F ................. :, moderator, for the term of th r ee years ; G .. ............. H . ....•....... , direct or, for the term of two year s, and !. .. ... . ........... J . .. ... . ...... . .... , treasurer, fo r the term of one year.

A ....... ...... . . B .. .. .........•. , (Sign ed) C ...... ... . ..... D ..... ........ . .

Chai1-m.an: Secreta_ry.

NoTE.-The director should enter the proceedings on h is r ecord in th eir order: First, the notice; second, the return; third, the proceedings of the meeting, and fourth, the acceptances of the officers.

Fo?"'n of Notice For Annual M eeting.

[See Sees. 1-3, Sub. II, and Sec. 151 Sub. IV. J

~otice Is h ereby g iven that th~ an nuai meeting of school district No." " : "" '

0

........... county, fo~ the electwn of school district officers, and fo r the tran sof····"' f such other busmess as may lawfully come befor e it w ill be held at llctio 0 0 ..... ..... , on Monday , the·...... day of April ' A.D. 18 .... , a t, •.. o ,c1oc k , . .• ]1'1. . .... ...... d tbis ...... day of March, 18 . .. .

Date (Sig ned) ................ ....... .. ........... ......... D trector. .

FORM VII. '

]i'or

m of

v qttest to be made by Five Legal Voters of a D istrict to a D istrict Board ~·e . '

or any One of them, f or the Callmg of a Special Meeting.

[See Sec. 2, Sub. II.]

FORM IV.

•

Form of Notice for Fi1·st Meeting, when made in Writing, to be left at the Hous5 of every L egal Voter .

[See Sec. 6 and 6, Sub. I.] J

To C ...... ...... ......... B ......... ... ... ..... .

I

Sir:-SchooJ distri ct N o .. ....••• , of................ .. ..... . county, h avin g been formed by the cou n ty superintendent, you, as a legal voter in said district, are h ereby notified that th e fir st meeting t h ereof will be h eld at ......... . ...... ..... ...... , on ... .......... .. tb e .... .. day of ........ ~ ...... , A.. D. 18 . .. , at~ ...... . ........ M. Dated tbis .. ... . . .. day of .. . .. . .............. . , A . D. 18... .

(Signed) A ... . .............. B ... . ..... . .. .. ... .

The pe1·son appointed to give notice.

R&lURKB.-lf a district is in more than one county, the notice must b e varied accordingly.

The notice is to be given to every person, man or woman , as described under Form 1 .

'l'o

h

. t bonrd of school' district No .. ....... , (or to A .. ............................ . distrlC ~

t e

......... , any one of them): school district No ......... , of ..................... .

The un t y"'ou in pursuance of section 2, sub. II, of the primary school law reques ' . . . ' county, ecial meeting of sa1d dJstrJCt, for the purpose of............................ .. call a sp ,(S1gne . d) . , ............................... .. .... ..

:s .....~·;~si.,.ned, legal voters of

to

······································· ·······································

. day of .................. , .A. .D . 18 ... .. h 18 """ -According to the present law, the district board has no authority to call a. apeREMARV·without the written request of five legal voters; ~e board may be among the eio.l meetingin for such meeting, hO\fever. Notices of speeta.l meetings must specify disnumber call g t~.nctly the object of tbe meeting .

D a ted t

•

'

THE SOHOOL J,AWS OF NEBRASKA.

FORM VIII. Form of Notice of Special Meetings.

belonging to the fund for ............. .. ..................

NoTJCE.-A special meeting of the legal voters of school di strict No ......••.••• , of .................. county, called on the written request of five legal v oters, will be held at ............. . :......... , on the ...... day of ..................... , 18 . .. , at ....... .. o'clock ... M., ~or the purpose of....................... ....................... .......... ... .

A ..................... B .. ................... , Director.

(Coun tersigned )

.

c ..... ..... ........ D ... . ...... ...... •. ,

1VIode1·ator.

FORM XI. C01mty Treasu1·er for ll!foneys belo1lt;ing to school dist1-icts.

I ,.; vm·ran t •t:pon ' F o1"1n °J 1 [See Sec. 16, Sub. IV.]

RIDUBIB.-Th.IJ notice mtat be posted fifteen days previous to the meeting, and it must distinctly specify tbe object or objects for wWch the meeting is cnlled. No business can be transacted at such meeting, except such as legitimately grows out of the notice given.

I

.. ...... B ... .. . ........... .

<To ,A.··· · ·· ·~ ns urer of.................. county. re . ........ ...... .... , treasurer of school district No ...._.. , .............. .

P1~Y to .. u··~·~r: ........ dollars, out of... : ........ (Here insert name of fund in your T tbe s -0 ,. to sm·a a·1s t r1c . t) . ~ 0 un t 3' ~ belongt "' 18 }l ands, d tbis .. .... d'a y of.................. , .. .

D ilte .A ...•• •. •..• .. .. ..• B ......... ........ . , D irecto1·.

FORM I X. Form of Contract between District B oard and T eacher.

[See Sec. 2, Sub. IV.] This agreement, entered into this ...... day of...... , 18 ..... , between school district No .... , of ......... ... .... ... .. county, Nebraska, and ........................... a qualified teacher of said county, Witnesseth , That the said ............. .... . ......... .. agrees to teach the school of said district in a faithful and efficient manner for the term of ......... months, commencing on the .... .. day of...... , 18 ..... , and agrees in all things to observe the rules and regulations of the di strict board, and ngrees to keep himself qu a lified. In consid e~ation whereof said school distri ct ag rees to pay s id .................. ......... the sum of $ .... ..... per month for said services; and agrees to keep the school house in good repair, a nd to provide the necessa ry fuel.

Provided, That in case suid .. .... : ......... .... .. .... . shall b e discharged for sufficient cause by the d istrict board, or have h .. . certificate annu ll ed by the county superintendent, ... ...... .. .... shall not be enti tl ed to any compensation from and after such dismissal or annulment.

In witness whereof we hereunto subscribe our names this ....... .. ...... day of ............ ... ...... , .A.D. 18 ... ....... ..................... ;...•... D irector. ....... ..... . . .... . .... ..... . ...... . T eacher . .Approved by

(Co untersigned)

C ......... ......... D ... .... .. ......... Moderato?·.

FORM XII.

Form

Yo!tcher given to tlte School D ist?·ict 'l'reaS'tt?'e?· on 1·eceipt of money f?· om of him by any pa?·ty .

[See Sec ..6, Sub. TV.]

SchoO

1 District No . ... ... ,of .... .... ................ county, To ....... ... .... : .... ...... .... .. .... .... .... .. , Dr.

=========r\ 188 ···

FOR •••••••• ••• ••••••••••••••.•••••••••••••••••. •

I

0

[See Sec. 16, Sub. IV.] Treasurer of school district No . ......... , of ..................... county, po.y to the order of.......... ... ........ the. sum of......... dollhrs out of any moneys in your hands

DOLLARS

I

. d boY both parties. The board should require the certificate to be presented when the con· stgne tract is signed.

FORM X.

\

il _ _ _ _ _ _ _ _ _ __ __

REllf,uure.- A duplicate should be made out and given to the teacher.

N board should allow a teacher to commence school until a writt<!n contract is properly

Form of Order upon D ist·r ict 'l'reasure1· for moneys to be disbursed by him for the School D ist1·ict.

(Here insert name of fund, as

teachers' wages, building fund, etc.) d h" day of ... ...... ....... .. , .A. D. 18 .. .

Date t ts .........

A ................. ... B .................. .. . D i7·ector.

[See Sees. 2 and 8, Sub. II, and Sec. 15, Sub. IV. J

I

87

THE SCHOOL LAWS OF NEBRASKA.

I

CENTS

\

I

- - t'fy that the above account is correct. and just, as charged.

I hereby cer t day of ...... .. ...... ....... ... , A .D. 188 .. .

Dated this. ................

F .. ..... .. ......... G .......... ...... ..

R

~

ei ved of C.................. D .. .. ... .... .. ..... , Distri ct Treasur er of School

District No ... ... . ,

the amount above speC!'fid e .

.......... ....... ... ..... ........ .. . G. F.

,

THE SCHOOL LAWS OF NEBRASKA.

88

THE SCHOOL

89

LAWS OF NEBRASKA.

FORM XV.

Fo 1.,,. of Dist1-ict 'l'reasure.·' s B oncl. ~ [Sse Sec. 4, Sub. IV.]

FORM XIII.

Fwm of certificate to be presented by the district treasurer to the county in order to be able to d1·aw dist?·ictfzmds.

trea~tu.rer

M • BY TDESE PRESENTS: .

• N K NOW .ALL EN .B ..................... , treasurer of school d1stnct o.

That we, .A. .................... . . nty Nebraska, as pnnCJpal, and C ............... D ............._.. ..... , of............... cou ' as his sureties, are held and firmly bound unto said ~·~d :E ..._. .........~!·~·f·::::::::::: (Here insert five hundred dollars, or double district Ill the s d to come into the treasurer's hands), for the payment of expecte' . h · t th e aiXloun t ~ll and truly to be mnde, we bmd ourselves, our e1rs, execu ors, w .. tly and severallv, firmly by these presents. WHEREAS h ich suiXI W · • trators JOin · school d"Jstrict · and h as ' b 0 duly elected •treasurer of smd d admJnlS an ............ has. eew therefore the con a·ItiOn . o f t h JS " obl"1ga t JOn " IS . sueh that if • •·· • ' no · sha11 f mt · hfu 11y d"1sch arge th e · •ccepted sal· d office............... ,treasurer as aforesa1d, !l aid··············· treasurer of said school district, and shall well and truly the s 1 . office as d h ·es of 11s . on or persons entitled thereto, upon the proper or er t ereaut! the pelS "d d" f IXloney which shall come into his bands as treasurer of sa1 JS0 -ver to pll-J !lll sums ~l at tho expiration of his t erm of office, pay over to his successor fo~~t, and sba 'neys r emaining in his Lands as treasurer aforesaid, and shall detr' 0 fficO !lll 010 essor all books and papers appertaining to his said office, then i fl ]lis succ . . ·rler to . ball be void, otherWise of full force and v1rtue. lP·s obl.1aatJOD s our seals and dated tlns . ................ d ny of.................. , .A..D. 18 • .. :::> • h ]l t 1 Jed vot Sen A. .................. B .... .............. , (L.s.]

C ............... ... D .................. , [L.s.] :E ..................F .................. 1 [L.s.]

1 d and delivered in the presence of . a ned, sen e '

[Subdi vision 11, Sec. 10.]

..........

O FFICE OF COUNTY SUPERI NTENDENT, •••••••••••.••••••..•••• COUNTY, •.••••••••••••••••••••.. .• • 188 ...

To........................ Treasurer .................. County : I hereby certify that school district No ...... ,of.................. county, has made report showing that district No ...... , bas ha d the legal number of months of school during the year commencing the ........................ day of April, 188 ... , and ending the ...... J.. ......... day of.................. 188 .... Said district has also made the census report and the financial report, as required by law. ............ ... .... ..... County S u p't. .. ................ County.

FORM XIV.

Certificate of School Tax lemed.

[See Sec. 11, Sub. II.] To the county clerk of ·.................. county, and state of Nebraska: , The undersigned school district board for school district No ....... , of . ........... ..• county, do hereby certify that the following tax:es have been voted since the beginning of the present scho9l year, and up to the d a te of this r eport, under the provisions of Section 11 and 12, Sub. II, of the School Law, fo r the following school purposes, to-wit: For Building Fund .... .. : ..................,. ................... ........ . .. .........

For Teachers' Fund........ ............................ ..............................

For furniture and Apparatus....................................................

For Fuel, Repairs, and supplies ........ ..._. .. ;..................................

. ....... Mills . ... ..... Mills . ........ Mills . ........ Mills

For ........................ .......... .. .. ........ .. ... ...... ... ······ · ·· ····· ···.· ······ ··

······ · .1.1:i1ls

SJ,

· · · · .. · · .... ~~~·~:;;~~·i·~· ~~-~~. ~~~-~ureties . approve n e (Signed) G ........................ H ..................... , Moderator;

J ................ :.... ... K ..................... , Director.

FORM XVI.

Form of

E..................

banded in before the first Monday in June.

................................... .

~a

Total. ........................ ........................... ......... .. _. ............ . ... . .... M ills Dated at ........................ this ... ; .. day of .. . ........................... , A.D. 18 ..• A .................. B .................. , Moderator.

0 ............ ... ... D ............ ...... , Director.

F ........ : ......... , Treasurer.

RE!U.BKS.-This report mum be

·····

r

A

P'P

ointment of Dist?·ict Officers by District Board.

,

[See Sec. 2, Sub. V.]

A B ................... , director (or moderator, or treasurer,) of school Whereas, · county did on the ......... day of............... lS ...... , of ............... ' . trict :I:'fo ...... , ... ) f said district whereby the office of (director) b ecame d IS t te cause rom ' . . . (or 8 a b appo1n . t ................. . (director) of sa1d d1stnct. r e~ove ,... yacant, we here Y E. F., Moderator, t School dist. No ......

G. H., Trel\surer, \ ...... .... ..county.

'90

THE SCHOOL LAWS OF NEBRASK.A..

THE SOHOOL LAWS OF NEBRA SKA.

FORM XVII .

Form of Notice of Meeting for the Examination of School Teach ers.

[See Sec. 3, Sub. VII.] Notice is hereby given that I will examine all persons who may d esire to offer themselves as candidates for teachers of the primary or common schools of this county, at ............... , on the .. .... day of .................. , 18... · A .................. B .... .. ............ , County Sup erinte nden t.

REMA.RKB.-By the new law examinations are held monthly, and special examinations must have public notice fi ve days before hand. Sec. 3, Sub. div. VII.

91

} ss.

. .. ...... .... .. ..... county . .. ... . ~;~ · ~;;i·:; ......... .... .... .... dny of ....................................... A.D. 18 ... , before n1e .. .. . .... .. ........ ......... .... .. . . . .. , a ... .................................. within and for said county, personally came ................................ . personally to me known to be the identical person ... wh ose nam e ...... uffixed to tho ubove deed as grantor ... a nd severally acknowledged the instrument to be ......... voluntary act and deed.

Witness my hand and official seal, the day and year last nbove written.

-

. .............................................

FORM X V III.

der to protect the district in its title to n site, the deed thereof must be tt.8 -In or Jt&I>Lo\11 • t}' clerk's office. d c d iJl th e 0000. v!ug the deed b e unmarried, the form must b o varied accordingly. rcco r IC tlle person gt

Wa1·r anty D eed .

(See Sec. 10, Sub. II.]

FORM: XI X .

K N OW ALL MEN BY TH ES E PRESEN TS :

For m of a L ease.

Th at we, A .................. B .................. C .................. D ............ .. .... , his wife, of.. .. .............. county, and state of............... , in consider a ti on of.. .. .......... . ·dollars in band paid by th e district board of school di stri ct N o ...... of. ............. .. .county , and state of ............... , do hereby g rant, bargain, sell, a nd convey unto the said school district N o ...... , of.. ................ county , and state of N ebraska, th e following descri bed r eal estate sit uated in th e county of .................. , a nd state o f N ebras ka, t o,wit : .................. [Her e insert d escription.] togeth er with a ll th e ten-ements, hereditaments, a nd appurtenances th er eunto belon g ing. And ....... . .. d o h er eby covenant with th e said .. ......................... a nd ......... assigns , th a t l a w f ully seized of said premises ; til at they are fr ee from incumb rance, that ......... ........... . have good right and lawful authority to sell the same ; a nd ................ do h er eby covenant to warrant and defend th e title to said premises against th e lawful .claims of all persons whomsoever. · And the said 0 ..................... D .................. hereby relinquish es all right of dower in and to the above described premises.

•

Signed tbis .. .... day of.. ................ , A. D., 18 ..... .

........................................................... ························································· i In presence of

.......................................................... ·························································

[See Sees. 6 and 7, Sub. V.]

...r

$ 1'1 o-"

~

LL 1"- EN

B Y THESE P RESEN T S :

............ B .... , ............. , of ............... county , State of N ebras-

'fh !lt ~ ....... derati on h erei n m entioned, does hereby lease unto school distri ct consJ for t b e coun ty, state of N ebraska, . and th eir assig ns, the follow)>:!1 > of ............... h · · · · 0 • •••••• , of lnnd , vi z.: .. .. ................................ ( er e m sert descr1ptwn), wtth ~ p!lr cel nd appurtenances to the same belonging ; to have and to h old jng ivileges a the pr d durin cr the term of ............... years from the ............... d ay of 11 !l e { or an "' , tb e sum ... ~.D., 18... . ............... a· triet No . ...... ,of county a9d state aforesaid, and their assigns, ...... hool tS ~nd sc ee to PR'' the sa.id A ................... B ................... , h ... heirs nd a"r .

J d o coven an t foa r t 11e"'said premises , the annu al rent of .................. doll ar s. nd assig n s h ereof th e said parti es h ave h er eunto set their b ands and !l tim onv w ' In t es • d ay ........................ , A.D . 18 .. . . ..........

B seals tbJS .... · A.................. .. ................ , [Seal.] L esso1·.

0 .................. D .................. ,} [Seal.]

~:::::::::::::::::~I·.~::::::·.:::::::::

hool distri ct No ....... ,of ............... . ..... county. . ict b oar d o f sc DJstr d eal ed in th e presence of Signed a~ s ............... J ................ ..

K .. ................ L ... ............. ..

93

TBE SCHOOL LAWS OF NEBRASKA.

92

THE SCHOOL L.A.WS OF NEBRASKA.

FORM XX.

DECISIONS OF A~TORNEY GENERAL.

Deed of School District.

[Form prepared by Hon. Samuel Maxwell.]

WHEREAS, at the [annual] school m eeting h eld at [the school house] in school district No ....... of.. ................ County, Nebraska, on the first Monday of April 18 ... , the qualified voters of said school district, by a two-t hirds vote, did authorize the sale of [describe premises] belonging to said district, and the Superintendent of Public Instruction of said county was ordered to sell said property, and, whereas, in compliance with said direction and requirement of said district, said superintendent, after having given due notice of tho time and place of enid sale by advertisement as required by law, for at least thirty days prior thereto, did at the time and place mentioned in said notice, offer said real estate for sale at public auction, and sold the same to E ... ... .. .. .. F ............ for the sum of $ ...... ,he being the highest bidder therefor. Said Superintendent thereupon r eported said sale to said school district, which approved the same on the .. ....... d ay of.. .. .........18, .. . and directed the undersigned moderator to execute a deed to said purchaser.

Now THEREFORE, in consideration of the premises and the sum of $ ..... ... . received by said school district of said E ....... ... .. F ... ......... , said so)10ol district does hereby grant and convey unto the said E .... ........ F ............ , and to his heirs and a.ssigns forever, the lands and tenements so as aforesaid sold, to-wit : [describe premises] to have and to hold said real estate with all the appurtenances thereto belonging, to the said E ....... .....F .... ..... ... h is heirs and assigns forever.

In presence of

}SCHOOL DISTRICT

A ...... .......... B.............

~~- C~~:::::::::~~J~~~~--~-~~~ASE:A. Moderato1· of Said District.

[I.]

On this ...... day of ....... ..... 18, . . , before me the undersig ned, a [justice of th o peace] in and for said county, personally appeared U ......... D .... .. ... , moderator of school district No ... of............ County, Neb~aska, to me person ally known to be tbe identical person whose name is s1ubscribed to the forego ing deed as moderator of said district, and acknowledged the execut ion thereof to be the voluntar y net und deed of said district.

Witness my band the day and year last above written.

G .... ........ T . .. ...... .. .

Justice of the Peace. ·

March 5, 1873:

]If. :McKENZIE, Supt. Pub. I nst.:

R o:N"- J .

I ly to your inquiry as to liability of peroons set into school n rep S nr· contracted before their incorporation into the same, I reply·cts are of that class of corporations that are entirely within d istricts for deb~st 1 d1s r1 ']'bnt scboO 1 and I do not doubt that such portions of school districts n.s are ]e<Yislative contr~t~ the provisions o[ law, admitted to the benefits of the district . "'accord~nce "'a the use of its acquired property, are also liable for its indebtedJn . 0 an , , ·ganizat1° ' e e:xpress provision of law to the contrary exempts them.

5001 01 ]ass . fl. t " d b d" . . .

--un e districts havmg a oa mg e t are 1v1ded, the su permtendent Jles 5 . .

6 wber in apportioning the district l n case cons!"der the amount of such mdebtedness . . . ,.bt to d fi;s:ing tho amount to be · patd to tho outgomg portiOn by those reoL1"' an 'roPertJ> , J . R. WEBSTER, P · 0 ing· JJ'!ll Att'y Gen'l.

D .E.A.B

[II.] LINCOLN, May 29, 1873.

McKENZIE, Supt. Pub. Inst., Lincol11: JlO:t'·

p~.A-1~

J.

:h{. y ur reference of the inquiry of Chas. E . Mead, Co. Supt., MerSill-:- 0

to-day rec'd. . .. the enquiry as to the hab1hty for and mode of payment of indebtr iclu ans -wer to or floating-of any a·1stnct · aft er a·lVlSlon, . . I would say: such m. aness--bonded to be considered, and equitably apportioned on the division of e ebtedness ought the property and credits of the district are divided. The change d distl·JC . t ' -whend ·es cannot in m y opm . 10n · f · ree any parties of their obligatiOn t he boun arl . f district t of the creditors. All the property of the district indebted 1s 0 "thout full consen _t debts.

The authorities of each district should make proWl . le for 1 s · . . . . no doubt ]Jab a mont of debts incurred before dlVISlon, and may by the cred1tors v ision for tbe P yo so by mandamus, and relief would be given in chancery against be compelled _to d to the old district, as it is constituted after division, if it bas to the new distrlcts . f the common debt. If the new district fails to meet its d port1on o p ay an nn ue bligation the proper course would be for the old district to h ommon o ' part of t e c in us i n equity in the district court for r elief. i nstitu te proc~ed " J. R. WEBSTER, Att'y Ge11'l. . 1, Qo.,

·--~~~~~-~~--~~-~g~~~- }

LINCOLN,

I

.•

1"

l

94

THE SCHOOL LA.WS OF NEBRASKA.

THE SOHOOL LAWS OF NEBRASKA.

l III.] LINCOLN, MRy 5, 1873.

RoN. J. M. McKENZIE, Supt. Pub. lnst.: DEAR Srn :-Yours of the' 3d inst. at hand ~his day, enquiring relftti ve to po wer of county supts. to change dist. boundaries, and .2d. The manner of removals of dist. officers fr om office.

I have no doubt that ndditions to a district, in contemplation of la w, are as m_uch a change of boundary as is the taking. away of tel'ritory-and t hu t the distrlct to whi ch an addition iR made is one "affected" by a ch ange. ~age 194, Compiled Stat utes , governs in t he case of the re mova l frvm co un ty 0 fl_icers for misdemeanors.

Precinct and school di st. otlice rs wou!J probL1bly, fo r this purpose, be held to be county officers ; but I am not aware th nt this ques tion has had a judicial determination, and there is considerable room for d oubt whe th er the county commissioners have jurisdiction in the mnttcr. Th e district courts i n ...-- the several counties have a general jurisdiction, and no doubt the r emoval of di strict ~fficers might be effected by indictment and trial before tb~ di stri ct court for official misdemeanors and malfeasance.

In' r eply to the question of Mr. A. Baily, of Guide Rock, r ela tiv e to ch a n~e of tuition to "foreign" scholars, you may refer him to Sec. 4, S ub. V , School Law: a "non-resident pupil" is one a non-resident of the di strict in whi-ch the pupil wishes to attend school. If the pupil is one who ought to be listed and reported in the ~ensus for apportionment of public moneys, they have no right to charge tuition; otherwise of course they have the right to charge for tuition.

In answer to the inquiries of Mr. Bailey, und Mr. C .. D. Stoner, director at Osceol a, Polk Co:-division of funds on division of district-! think you ought to • hold, that all funds on hand unexpended at time of division, and taxes levied and yet unrealized, are "property of the district" within the meaning of the law, to be divided equitably by the county superintendent; and if the funds and taxes levied, by them referred to, bad not been expended before the division of th e ir district, such assets of the divided districts should be · equitably divided so as to work a common benefit to all the old district.

Respectfully, J . R. IVEBSTER , A lt'y Gea ' l.

tory is largely within the discretion and con trol of th e superintendents, and is enernlly d ~ n e only for the convenience of particular neig hborhoods. Wh ile local !onvenience may make it advisable to change boundaries, it is not just that., wpere 't · set from one organized district into another furni shed already with a t erri ory IS the dismembered district should be required to partially purchase schoo 1 h ouse, . ty from their neighbors who are I}CCOmmodated and benefited by the their proper · change. uperintendent s h ou Id , WI'th'm t h e range of b"IS discretion exercise· The coun t Y s . . . ' . equitably and ID furtherance of JUS tice, and where a change of t di scretiOn . . b t a . . plied for, compliance r efuEed, except the outgomg pbrtion of th e dan es IS ap , . . the right to division of property, and are so received by thedisb oun 'ct waives di strJ b' b they are set over. · tOW IC trict Ill . ntion of sections. 9 and 18, Sub. I, of the School Law· I am of opinc:>:!llllln . ' lJpon -v!llue of th e school house and fixtures Is not to be considered in settl ejon that the ts between districts where one di strict already organized is enlargf accoun ...., 0 11 t o . of territory from another, und no new district is formed Sections 9o ,_... dditiOll . . . ' " bY a plate the formatiOn of new dtstn cts. e<> 000 tem 00 18, d seem, however, that money on l_1and, or tax levied for the teachers•· !\ · :rt waul Jd in all cases b e d.IVI·a c d pe•· cap tta, the theory of the law beino· that it shOU fi f ' ' l "" (LJfl d , ust fund for the bene to eac'' scM ar or person entitled to the benefit of !l

tr

.

. . nstrnction. f'vbliC _1 , his to be the law with regard to this fund, although there is som e doubt.

1 think t erty is to be divided, unless a "new district" 'is created. That qnes- . . f ~nY propdl be positively determined without a judicial construction. but I am J h11r y . , · oil cnn t the teachers' fund should many case be divided tJ . · 0 t 1u\ · of oplll 10 Respectfully, J. R. WEBSTER, Att'y Gen'L.

jS

[V.] LINCOLN, June 18, 1874.

]l:I. liON·

:McKENZIE,

J.

LIKCOLN, Nov . 26, 1876.

Supt. Pub. Inst., Lincoln: DEAR SIR :-The inquiry of John Clayton, Supt. of Dodge Co., relative to division of school property, on division of a district, is received.

SEc. 13, Sub. I, of the School Law, applies particularly to cases where, after a divi~ionof the district, the house, from inconvenience of location, is to be sold.

Where there is no inconvenience requiring a measure of that kind, its sale, or portion of vnlue, is not r equired. The division of districts and setting off of·terri-

J. M.

McKENZIE,

Supt. Pub. Inst., Lincoln, Nebr.:

y ur enquiry of yesterday is received asking if Co. treasurers are

0 one per centum on the moneys received by them from the state . . d t 0 charge . entitle ochool apportJOnment. on the· treasurer hnpter 22 of general statutes, the county treasurer is allowed to ron 20., c. on of one per centum on school moneys collected; and I find no By s,ec 1 omnnssJ charge 11 c. . . the statute allowing the county treasurer to charge fl. commis1sion 1ll other prov 1 oneys. The greater portion of the apportionable school fund . on schoO m . s1on up 1 county treasurers on the two-m1ll tax. In that collection th ey 11 cted by t 1e · is co e 1 do in their settlement with the stf\te auditor charge- one per churue-anc may "' h llection. It is then paid into the state treasury; and that, with centum on t e co

DEft.B SIB:--:-

[IV.]

95

96

THE SOH09L LA.WS OF NEBRA.Sl\:A .

t h e ~oneys collected by the state treas urer upon th e p erma nent sehool fu nd secur iti es, is appor tioned and r eturned to the cou nties. After the appor t ionment the county treasurer is n ot in my opinion entitled to any furth er commission, h is only duty conn ected with the fund being to hold and d isburse it to the d ist ri cts.

One commission has been paid to the" cou nty treasu r ers befor e its apportio nment, u po~ all th at part of the fund by them c~ lected, and no comm ission is a llowed upon the disbursement of the fund. It is n ot in my opinio n con templated by t h e statute th at the r eceipt of th e m~meys by the cou nty treas ur er from t h e state treasu rer after appor tionment sh ould be r egarded as a collection of school mon eys by him, for language of t he section in that case seems by implication to show t h a t som e sch ool moneys passing th roug h the co un ty t r easurer 's hands are not in tended t o b e included in the computation of h is commission- only those "by hi m collec ted," wh ich words or'limitation can h ardly be rat ion ally co nstr u ed , u n less it m ean mo n eys in some m anner collected in the cou rse of r even u e collectio n, l ease, or p urchase price, or inter est of sch ool lands, o r in some mann er r eceived fr om p ri vate parties in th e ordin ary course of business of hi s office, and not su ch as ar e collected i n th e first instance by some other officer and m er ely d eposited w ith him for dist ribution.

Respectfull y , J. R. WEBSTER, A t t'y G en'l.

THE SCHOOL LAWS OF N E B R..A SKA.

[VII .]

LINCOLN, February 19, 1879.

HoN. S. R. THOMPSON, State Sup t. of Pub. Inst. : PEAR SrR:-Your communication of the 17th inst. is at hand.

0

8

0. J. DILWORTH, Atty. Genl.

[VIII.] .

Lr;-cOLN, F ebruary 10, 1879. :R,.

L INCOLN, Janua r y 10, 1879.

DEAR SIR- I fin d you rs of t he 7th, maki ng inqu iry as to whet h er sectio n 8 , of S ub . VII , School L aws , authorize a county b oard to p ay a co u nty super inte n d en t for hi s tjme when b e is employed in hold ing a cou nty teach ers' in sti t u t e.

A nd in reply I will say tha t Sec. 8, S ub. V II , of t h e Sch ool. L aw , p ro v ides that it sh all be t h e du ty of t he county superin tendent to p r omote by p u b lic l ect ures an d teachers' insti tutes, and by such oth er mean s as h e m ay dev ise , fo r t he i m provemen t of t he sch ools in hi s coun ty. '!.' hi s is m ade a par t of hi s duty.

By Sec. 2, S ub. V II, of the same law, it is pr ovided w h at th e compensation ~o be paid to t he coun't y supe rintendent shall b e.

From a car eful examinati on of t h e law , I am cl early of the opinion tha t t he cou nty superin tendent is as much entitled to compensation for th e time a c tua lly employed in attending county teach ers' institu tes as any oth er of th e du ti es pertaining to his offi ce.

R espectfully Y ours, 0. J. DILWO R TH, Att 'y Gen' l.

0

r'· S·

~ :--

°

ttv

HoN. S. R. T HOMPSON) Supt. Pub. lnst. :

•pso"'" of P ub. Inst , Lincoln , N eb. •. '"', Su,.,t.

-r.

TJIO ~>

om munJ catJOn of th e 3d h as been duly consider ed . "four c . . t"fi d . d" ·a· erintendent IS JUS I e In IVJ m g the di strict in tw o parts 11 _ ;7! untY su p · f h l"fi d ' P ,., 6 co f m aj ority o t ose qua 1 e to vote at an y sch ool m eetino- and "t io n a d" t · t "d d h · · " ' PetJ b th e sa me t o other 1s nc s,b prov1 he t e p et1t10n -contains a m aJ· ority fl !lottac f ach district a ffected y the c ange, but not without.

0 t:J ~9-1,., -qoters 0 e her the persons signing the p etition are entitled to do so doe< 6 ~; tv . ' ' 0 wbet oJ.. J)d tlE t the question as to whether h1s property was properly assessed or frd epe nd upo n . erty on the ht day of March preceding, it would be liable to t b !lod prop . ~0 l f be uld be entitled to vote. d be wo 0 t. ~ tion , !loll Yours respectfully, t;t1- ;t:tl C. J . DILWORTH. .LfO

~

[VI.]

In answer I

would say : . . . '!.' hut if the school dtstrtct h as been orgamzed, and has exercised the franlat. an d prt. v iJeues bises "' of a legally organized district for the term of one year , th en c III S chool Laws, covers the case exactly, and does away with any ille' ti on of the officers .first elected. s ec. 8, sub. ny of the e1ec b ga I ·r the district has not een so orgamzed for one year, and the officers 1 2d. But ver qu a lined , then sec. 6, sub. III, provides that a new notice may' be bave ne nd an ew election had, the same as though no notice or election had o-iven, a de. ~:::> been rna Yours respectfully, ~et

[IX.] LINCOLN 1 Janu ary 20, 1879.

ON Supt. Pub. Inst.: R. TJIOMPS , :f!O:N· · I gard to the two school districts m Colfax county, I think the SrR ·- ore J)EA R • • t ict No. 2 of Dixon county v. John Stough 4 Neb. page 357 f School Dts r . . . . . ' ' t . of the liab1hty of the d1stnct. Although that was a case 0 ~se 0 1 s tho q u es twn . &ett e t bad been issued, and the case was disposed of on the grounda of bere a wa rra n -<11 "deration 1 yet the court say, on page 360, that the district boards are i}ure of con s1 • • • £~ h statute with cer tam well defin ed but very hm1ted powers. They reated by t e l "th" th 1" "t h" l bas cc!loll act so as t o b"nd I the districts, on Y Wl Ill e 1m1 s w 1c 1 the l eo-islature o

s

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0

0

0

98

THE SCHOOL LAWS OF NEBRASKA.

THE SOHOOL LAWS OF NEBRASKA..

fixed-beyond this their powers are void. One of the principal pointa made by the court was the fact that no etepe had been taken towards raising the money until a few weeks before the contract had been made, and there was no money on hand, and then the court say that the legislature intended that the contract ahould be made with reference to the money on hand!or that purpose.

The same principle applies to purchasing apparatus for t~e school district. By sec. 3, sub. II, of the School Laws it is provided that the qualified votera, when assembled, may raise a. sum, which may be expended under the direction of the district, or in the absence of such direction may be expended, 8JI the district board of the proper district may direct.

Nothing Wa! ever done in the two districts in Colfax county, and no steps were taken to raise the funds to pay for the apparatus, and the purchases .w ere made without authority from the district; and the persons selling must look to the individuals making the purchase.

I am, sir, Tery respectfully yours, C. J. DILWORTH, Atty. Gen.

ADDITIONAL FOOT NOTES.

[X.] ATTORNEY GENERAL's 0FFipE 1 LINCOLN, March 23d, 1881.

HoN. W. W. W. JONES, Supt. Pub. Inst.:

/

S:rn-In regard to the proper distribution of the money arising from fines, penalties, and licenses, I will state that in all cases where the money ia derived from tl.nes imposed for the violation of any state law, or the license issued by the county commissioners by virtue of the state law, it goes into the common school fund of the. county. But in all cases where the money is derived from license granted or tl.nea imposed by any authority less than the state or county, then and in that case the money ia to go to the school fund of the power granting enid license or imposing such fines and penaltiea.

Yours respectfully, C. J. DILWORTH,

[XI.] ATTORNEY GENERAL'S 0FFICD, LINCOLN, February 10, 1881.

HoN. W. W. W. JoNEs, Sttpt, Pub. Inst.: • DEAR SIR-Section 20, page 382, Gen'l Statutes provides that on school moneys collected by the county treasurer he shall receive a commission of but one per cont.

In fixing the amount of percentage the treasurer must aggregate the several sums collected in each year from whatever it might have been made. He cannot separate the amounts coll~cted from different levies, if they are collected during the same year.

Yours respectfully, C. J. DILWORTH, .Att'y Gen'l.

/

I No school district should include te 't so remote fr th S JI:O. 8, . that scholars thereon are unable to atterrld ory h om e 1 bouse n sc ool. To attach s h rely for the purpose of taxation is a greiviou uc 0 1:1oo ~ ·torY Jll.C , s wrong.-[Ma.xwell'a rrl ~r£lctice. .

4 II · It must be clear that in consequence of 8 uch ep1'd em1c __,_ (or dea 0 l , SJ> •of house) no school could be taught, and that the failur e was not cause~ vcti0° ct -[Maxwell's Practice.

--r,C e neg1e . .q Jller IV 2 .AND 3. For penalty for disturbing any s l 1 .

P.1 S J3:D· • • . c 100 , soc1ety, or tJ ned for improvement ID rnus1c1 letters or for soci 1 · . ""conve ' a Improvement.eetiOo 4 Criminal Code, pp. 667, 668, Comp. Stat. $1' 3 '

ee

_csee sec·

9P •

I

iNDEX. II'

(Sections in Figures, Sttbdivisicns in Roman Numerals.)

PAGE

,A.BSTR.A.C:- ports by county superintendents, 10 and 11, vii.................. 48 of district re .

,A.CC:EPT.A.N~~erntor, director,

treasurer in writing, where to file record of oflifce8o iii ........................ :............................ ....................... •••••• 27 0'

,ACTS-

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d by

r;;;;~e:N .A.L

this Jaw, 28, xiv................ ........................ ................ .....

74

FOOT NOTES ......................................................._.....

99

;..PP RTroNMENT- - . . . .

A '}'PO by whom made, when made, districts enhtled to receive county P" ' to rs, to k eep a record of, 8, 4, 6,' 7, xi, 66, 57 bBB is of,erintendents to no t'f I Y d uec s~P tional provisions relative thereto........................................... 10 cons~! tu treasurer to apply for, 5, iv ............ ....... ................................ 31 · · 6, x1................................................ · d 1·str1° w districts may rece1ve, 56 when nte received by fraotioi:Ial _districts, 6, xi .......... ,............................ 56 a.Jlloun erintendents should apportion all the moD,ey received from countY suC ee note to sec.. 2, xi) 4, xi................................................... 57 stat~ 6 f h~use shall n9t deprive of, 14, ii. ....... ........................... 26 .. .............. : .............................

• 25 deS t r ucttonterm in order to rece1ve, 14 , 11 . length of yol~T~:EN:;s 6, iii, 11, v, 2, vi. .......................................... 28, 40, 42 }>. of a·Istr 1ct f0 ttorney ' 1 t'1ve t o ( no t e, ) 11 1 v .......................... . 41 genera11 rea · · ons 0 a erintendents, 12 ' vn .. .................................................... · deCIS1 .. 48 of countY sup 1·ntendent, art. v 1 sec. 1, const ....................................... . super of sta t e RBITRA.'fORSi: referred to, 18, i....................................................... 20 ;,. dis put:~ ;;:cedure, 19, i. .................. .... :............................ ............... 20 'Jllode . hoW made, shall be final, 20, 1.......... .......... ........... ...... ...... 20 · ........ : .................................. .., ................... .. 20 the award, f arbitrators, 211 l.

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fees o

G:EN:ERAL·a of commissioners, art. viii, sec. 1, const...................... f the boar

.A.TTOR~:EY one o

L DECISIONS :

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•

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.

ns set into n. d1str1ct for debts of the d1str1ct (I)............ · d eb t, (I ' II) ............................ . .. liab 1Tty .1 of perso a· tricts having 1\ fl.oa.tmg divis1on of 1\y superintendent to change district boundaries, (III)...... pow er of counmoving district officers, (III ) ........................................ . . . 1" 1n .

10 a.nner of re erty of the d1stnct lVlSlon, (Ill) ........................ . the term "prop FtrL

a· . .

9 93 93 94 94 94

I

102

'

ATTORNEY GENERAL-FULL DECIBIONS-ContinuedPAGEpayment of county superintendent for holding insti tutes, (VI)............. . 96change of district without forming new district, (IV)........................ ... 95county treasurers not to charge for handling state apportionment, (V).... 95· status of a district in which officers never qualified, VII)...................... 97 on the property1 qualiflcation of a voter, (VIII).................................. 97 on the right of school boards to purchase apparatus, (IX). ................. ... 97 on apportionment of fines and licenses, (X)........................................ 98· on duties of county treasurer, (XI).................................................... 98· AUDITOR STATEduties of, in apportionment, 2 and 3, xi. .................................... ... ... 55, 56 may require statement of funds from county treasurer, 2, xi. .. :.............. 55. shall draw warrant for salary of state superintendent, art. viii, const ... may examine records of state superintendent, 1, viii............................ 49· shull examine stutement concerning bonds, ape. acts, 1 and 3 ............... 75, 77 shall record statement and register bonds, ape. acts, 1 and 3 ................ 75, 77 shf\ll certify to proper officers, ape. 'acts, 1 and 3 .................. . ............ 75, 77 BLANKScounty superintendent to receive such, 9, vii. ...........................:............ 48 state superintendent to prescribe and publish in school law, 6, viii......... 5().

BONDSof district treasurer, amount of, by whom approved, conditions of, penalty of failure to give, 4, iv ............... :......................................... 81 must be filed by director, 4, iv ... ...................................................... 31 when worthless, how renewed, who maY. not sign it, etc., (see note) 8, iv, 82: of state superintendent, sec. 25, art. v, const.............. ......................... . districts may issue, amount of, number of children necessary, spc. a ct 3... 77 shall register, how, when, where, fee, county commissioners shall levy • tax, etc., spc. act 3.. ............................................. ..................... 77 registration of bonds heretofore voted but not issued, spec. act 1............ 75. funding of outstanding bonds, ape. act 2 ...... :.............................. ........• 76 cities may issue and must provide sinking fund, 26, xiv ...... ..• ......... ...... 73. board may issue for certain purposes, 22, xiv....................................... 71 BOOKS, TEXTreportofdirectoron,17,iv ...................................... ......................... 36 district board may decide, 8, v .................. ................... ........ ........ ... . 88BUILDING COMMITTEE- : voters may appoint, 6, v ..................................................... : ............ 890ALENDAR SCHOOL BUSINESS. directors' duties, treasurer's duties, district board dut1es, county supt ...... 7, 8 CENSUS- · . of districts, when taken, by whom, how, to whom sent, 12, 1v............... 84 verified by oath, 12, iv ................................................ :······.............. 34 · 1 ceo sus , married persons enumerated, when ch1ldren shall not no apeclll be included, etc.; (ndte), 12, iv .......................................... ·. ········ 84 children not counted in census where they attend, note, under 12, IV.. . ... 34

103

INDEX.

INDEX.

PAGE

CONSTITUTIONAL PROVISIONS-ART. vxu..................... ...... .........

9 board of q9mmissioner.s for .sale nnd lease of school land investment of school funds, 1 ................................ ... ... ...................................

9 permane nt echool fund c.onsists of what, 8 ......................................... .

9 temporary school fund, 4 . ...................._.......... ................................. 10 1l penalties, license moneys , how npplled, 6.. ................................. 10 nes~ t uction provided for, 6 ............ . ......................._............ ......... 10 free 1hns ; time school must be ta ugh t, 7........................... .................. 10 Ion"'t 0 . "' f school lnnd, 8...... ............................. .................. ............... 10 price 1°funds, how invested, 9 ...................................................... ...... 10 scboo 1 government of university and agricultural college, 10..............• , 11 genedra f rege nts, how elected, 10...... ......................... . . . .. .. .... .. . ......... 11 · boar 0 11 11 11 no ..... : : :::::::::::::::::::::::::::.'.' ::::.'.' .'.'.': :: : ·: : ::: ::: .'.'.':: :::: 11 reform

secu::i:;oli, ~~-'~~-~~~.~:

~s-

.

oLE:B ·strict board, director, 9, iv............ ......... ........................... .........

33

of :;unty, coun ty SllJ:erintenden t to certify to, 11, i, . . ............ ..........•. 18 of. t .ct board to certify, 2, v ......... ......... .............. ........................... . 38 1•1 d>S tworn statement of account of coun~y superintendent, 2, vii......... 44 treusurerdehnll be ~led with, 4, iv . .. ........ .. ......... ......... 31 b.k==~ oft ddist.-ict shall be reportc to, 11, 11..... ~ ....... ... ......

24 tax: vo :uperintandent must keep map of district wi~h··i'7"i" ............... 19 countY' . ' ' ' ............. ..

IR ll'l.A.NA. . tJst be returned to, 7, i, ......... ..............• 0 -a ~ ouce m · · 8 · ····· ... ... ······ ........... . 16 n d liver to c hrector, 1 I, •••• •••• ·· · ··· · ······•·· .. ·····"•••• • ••·· ~•• •• • •••••••••• 16 Jllust c · SIONEl\S-CouNTY. ooNM.IScss tnx ·on divisio n of distri ct, 11, i, ................................. . ........ 18 to uss compensation of county. superintendent, 2, vii .'. ........................ 44 to fiX ncllncy of county superm tcndent, 12, vii.... .......... .................... 48 to fill v tllX to 'p ,1y ·district bonds, spec. act 3, sec. 13.. ......... .......... ........ 80 to ]eVY cTS oo:J:ilTRJ\.b wh om, with whom, 1.1 ' 33 · Jllild: b; mtide by other tht\n dtrector, when, 11, iv, 10, iii ...................29 33 IJlU 5 LE lm::s-See Clerks.

iv................ .......................... .........

.

TY C

oolJ:N y I30Al{.D-See Commissione1·s. couNT

u,EASUI\ER-See T?·easU?·e?·.

ooUN'f~f ~istrict, when d_i~i~ed-see ~tt~. G~n'l (!)..............................

93

debt not ch >Lrge for rece1v1ng and dJstr•but•ng apportionment, 8, xi...... sbull olleclin"' school fund, Atty. Gen'l, (V)............. ..................... fees fo r c "'J 'EN DENT-Sun Y surERLN 'I . . . vu.. ············ ········· ......... ..........

OOlJN'f f n ew districts, 3, !................ ......... ......... ......... ......... ......... maY orm d divide distri ct 4 i ' · f . n change, an ' ' ········· ·········. ········ ........... .. . waY 01 1t refuse ' · • f two -third s, 4.' 1. · ................................... •• · •·• petJtJon o shal I no t.

5 . shall keep record of forma JOn, '1 . ....................................... ••••••••• · ··

58 95 4 3 14 14 14 15

104

CouNTY SuPERINTENDENT-Continued-

105

INDEX.

INDEX.

COUNTY SUPERINTENDENT-Continued -

PAOB

director's record does not impair, 8, i................................................ 16 shall divide property, 9, i ............................ ..-................... ................ 16 shall certify to county clerk, 11, i...... ............ ............. .............. ......... 18 may sell school-bouse when ordered, 13, i..................... ................... ... 18 must report change in district boundaries,17, !.................................... 19 must keep map of district with county clerk, 17 1 i........................ ....... 19 shall notify districts to appoint arbitrators, 19, i............................... ... 20 shall appoint time and place for hearing, 19, i.......... ............... ......... ... 20 sba11 authorize persons in different counties, 22, i...... .......... .... ............ 20 shall choose site for school-house, when, 9, ii........................... ......... ... 23 d ecision may be changed, how, 9, ii................................................... 23 u pon failure to organize must give new notice, 5, iii.. .......................... 28 shall appoint officers, when, 6, iii, I2, v ......................................... ... 28, 4I shall apply for writ of mandamus, 11, iii................ ............................ 29 county superintendents authorized to administer oaths, I8, iv ........ .. ... ... 37 shall appoint officers from board, 2, vi............................................... 42 term of service, election, etc., I, vii................................................... 43 county commissioners determine salary, 2, vii..................................... 43 number of days employed, minimum, 2, vii.. .......................... :t........... 44 shall file sworn statement of account, 2, vii......................................... 44 shall examine applicants, on what days, 3, vii..................................... 44 must give notice of examinations, time of, 3, vii............................. ..... 44 may endorse certificate of other counties, 4, vii.................................. 45 shall determine time and may revoke, 4, vii........................................ 45 shnll grant certificates, to whom, branches, 5 and 6, vii. ..................... 45, 46 n1 ust give notice before revoking, 7, vii. ...........................................46, 47 shall keep record of certificates granted, 7, vii.................................... 47 shall turn over papers to successor, 7,.vii.. ............ ~. . ........................... 47 shall visit schools, counsel with teachers, etc., 8, vii. .................~ ..... .... 47 shall consult with teachers _to secure attendance, 8, vii............... ......... 47 shall receive blanks and dispose of, 9, vii........................................... 48 shall examine reports of district boards, 10, vii.................................. 48 shall approve reports and send duplicates, 10, vii................................. 48 shall be subject to rules and instructions of state superintendent, 11, vii . . 48 shall report annually to state superintendent, 11, vii............................ 48 office vacant, how filled, I2, vii......................................................... 48 shall notify director of r eport due, I3, vii.......................................... 48 shall report to superintendents of blind and insane, I4, vii. ................ .48, 49 may be paid for time employed in holding institutes, Atty. Gen'l, (VI)... 96 state superintendent shall furnish blanks, etc., 6, viii........................... 50 shall organize teachers' institutes I, x......... ......... ............ ... ...... ......... 53 shall attend district institute one week, 8, x................... .................... 53 shall approve bills drawn on institute fund, 6, x............... ...... ......... .... 54 shall file same with county commissioners, 5, x ... .... ............... ... ... ...... 54 state superi ntendent shall certify to, 8, xi............................................ 66

..

•

PAGE

shall make apportionment of school funds, 4, XI..................... ..... .. .. .... 57 how made, 4, :xi. ................ : .................................... : ......................... 67 I 11 furnish treasurer and directors certtfied copy, 7, x1 .................... :... 58 :~:n furnish certificate to district treasurer, ~?· xi ......................,......... 58 shall appoint three di~interested persons, 1,.::11........................ ............ 58 countersign certtficate of board, 10, XIII...................................... 62 ::y erect adjoining territory into schoo_l district, 1, xiv . .................... 64, 65 Y d of educntion must report to, 18, XIV.......................................... 70 :~~:;l assist in adjusting certain claims, 22, xiv, .. ............ ............ ... . ... 71 must have, 1, ix................................

51 C KRTIFICA"l'Ec•8-her iJled tea • . · ······ ······ ··· ··· ·· · qual ty superintendent, State Supermtendent, Normnl school 1 ix 51 coun d f d · , ' . frotxl eJCatxtining committee of boar o ~. ucatwn, 19 1 :dv.................... 70 frotxl superintendent may endorse, 4, vn........................ ......... ......... 45 countY t sup ert'ntendent shall grant, 5,..vii..................... . ..................... 45 ' 46 coUil ·ee Y grades ' branches of study, k6, vu......

7 ·· ......... ...... ...... .................... . 46 tl1r ty su perintendent may revo ·e, , VII................... ....................... . 46 coun evoked only by whom, 7, vii........................

II be r . .. ······ ··············· ... 47 sha <:o r revokmg, 7, vu; 6, x............ ............... ......

47 54 es 1 en us ty superintendent shall keep r ecord of, 7, vii................................ 47 coun . . " com. may give,. 19. xiv.............................. aJllliliil:::o . ... ········· ......... . ~, 0 c:s: . ublic schools of City, I9, x1v .................. ...... good tn P . ··············· ........ .70 1

• •••••• • •

••••••••• ••

,

..

,-./··· ·.:

]];C'fOB. . n of term of office, acceptance, record of, 1, 2, 3, iii ......... ....... :.... 27 cJectlO ll recor'a notice. and return, . ·a8, 8 . . ...................... . I6 sha d hall be pnma. jacte ev1 ence, , 1...... .................. ......... .......... 16 recor s perintendent shall certify site to, 9, ii .................. ............... 23, 24 countY superintendent shall fill vacancy, when, 6, iii....... .................... 28 . ..........._..... .................... . ......... ... . 31 coun ty a. su prove treasurer's bon d ~ 4, 1V shall P and additional securtty, when, 8, tv.............. ....................... 32 5 nall aeml re office of treasurer vacant, 8, iv ............. .................. ...... ... 33 · • b oard , 9 , 1v.. · ................................. ............... 33 01aY dec 61 rk of d1stnct · ... ................ ... . 33 sba11 be c ed all proceed"mgs, preserv e papers, et c., IO , 1v . ...... ...... ...... ...................... 33 sban r ecor t ct with an d h"1re t each er, 11 , 1v shall con r:d moderator to act if director refuses, 11, iv. ............... ...... 34 · .......................................... 34 treas urer a ensus list of t ax-payers, 12 ' lV . ...................................................... 34 sht.\11 teJre ll cact in ,absence of, 12, 1V who sh~ h 010 derator provide necessary appendages, 13, iv ............ :...... 34 shall vllt !-house in repair, 13, iv. ..................................... ............... 34 schoO . " . d

pllt

i.......... ......... ....... ..

1 ~~:i1drawn, presen~~t~~·i·~~-~.~~~:~.~~~ . .'.~~•.~~.~~. .~~.:.~~~.~~ ... ~.~~~~-~~.~~.~~.~~~~~.: ' d . l . .

36

notice of annual an speCla meetmgs, 15, 1v................... .....• 35 · ........................... . 85 s bnll g 1 ve nd signal1 or ders u p on t r easurer, 16 , 1v a to county superm · t en d en t a r eport und er 11ath , 1 7, 1v........ · 86 , 3'1 5 hnll drnw l"ver shall de 1 · h for annual meetmg · t · th" 1 · cer am mgs, 9, 1v ........................ . 37 ehall furnJs .

J

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INDEX·

106

107

INDEX.

Dl::&:&CTOR-Continued--

PAOIJ

constitutes one of district board, 1, v .... .•....... ............... ... .. . ...... ........• vacancy in office of, how filled, 11, y ............. , ..... ...... ................. .... ... teacher shall report monthly to, 2, ix, (See notes to each section.).......... shall form one o'f committee to adjust claims, 22, xiv............... .. . .. ......• DISTRICT~Sun. 1. ·············· ····'·· ••••••••••••••• •••••••••• ••••• ••••••••• • •• •••• .... . •••

87 40 51 72

13 as used in this chapter, 1, i ................................... :... ............... ... ...... 13 shall be a body corporate, sell or purchase, 2, i. ...... . .... ...... ...... ... ... .. .... 13 name and style, 2, i .................................................. ... .... ."................ 13 organized county not .already divided may be divided, 8, i. .................. 13 from other organized district, 4, i ............................. . ................ .. .... 14, 15 how organized, 5, 6, 7, 8, i ............ . ............. .. .... .. . ..................... .... . 15, 16 property, division of, 9, 10, 11, 12, 13, 14, i. ...................................... 16, 19 list of voters given, 4, i. ................... ...... ..... ............... ......... ... ......... 15 boundaries changed, how, 4, !. .......................... ...................... ........ 14, 15 boundaries when changed, must be reported, 17, i. ..................... ......... 19 when they may not be forme~, 4, i. ......................... .............. ..... ..... 14, 15 must be petitions from both parts, 4, i . ..... ......................... ... ... ..... .... 14, 15 amount of territory, valuation, etc., 4 1 i ........................................... 14, 15 streams and watercourses, 4, i ........................•.•.................. · . .......... . 15 formed from two counties, how, 22 1 i. ............... ... .............................. 20 reports made, how, 22, i. ......... ......... ...... ... ...... ... . ......... ..... ... . ..... ...... 20 shall be deemed organized, when, 4 and 7, iii......................... ... ..... . ... 28 failure to organize, in case of, 5, iii. ..................... ............. .'............ . .. 28 pres umed legally organized, 8, iii...................................................... 29 fraction al shall share apportionment, xi... ........................................... 57 fraction al may be set back, when, 4, i.. ........................... . ........ ......... 15 newly formed entitled to share, when, 5, xi.. .......•.. ...•...........•........... ' 57 DISTRICT BOARD-Sun. v............................ .................. ......... ......... 37 business calender of................................................................... ......

7 county superintendent m ay appoint, when, 6, iii. .. . .. rt··········· .. ············ 28 how constituted, 1, v. ............... ......... ......... ...... ...... .•.•..... ...... .... . .... 37 shall deli ver report of taxes voted to county superintendent and county clerk, 2, v.. ...... ....... •....... ...... .......... ..... ......... •.. .....•...... ...•.•.....• 38 may be compelle4 to act, how, (see note to sec. 2).. .. ... ......................... 88 shall have general care of the school, make rules and regulations, 8, v. ... 88 m ay admit non-reside nt pupils, 4, v . ........ .... .. .... ........ ......... ..............• 38 determine tuition, etc., 4, v .. ............................................................ 38 may authorize suspension or expulsion, 5, v............. .................... .... ... 39 shall purchase qr lease site, build, hire, sell, etc., (see note), 6, v . ....... .. 39, 40 shall be liable for mon ey lost, 17, iv.................................................. 86 shall not build, when, 7, v ................ ·. .......... . ...• .. ..• .•.. ...•.•... .... . ......... 89 shall apply school mon ey according to la w, 8, 89 m oney apportioned must be u sed for teachers' wages, 8, v.. . ........... ....•. 89 may not puy to teacher not qualified, 8, v................... ...... . ••.•.. .. ..... .•.. 4() shall h ave care and custody of property, except 9, v. ......... ... ...... ...... ... 40

v............_.. .....................

'

I

· ud PAGE . D-SUJJ. v-Cimtin 40 Bo~ vacant when, 10, v. ·•···· ...... ........................ ········,• office shall become db board when 11 v....................................... 40 ' when' (proviso) ' · yacancy may be fl.Jle . 1Y •t'n"' 11, v ...... ... .... ......... . 40 ' ' .

40 d b speclfl mee. "'' yacr.ncy fl.Jlece ~f such, 11, v .................................... : .... ................ ..

41 t erms of offi · tendent 6 h a 11 fl.n vacancy ' when, 12, v........................... 41 county superlnto no contract, Ill, v .................................................. .. shall be partyb Jerk of 9, iv............................ .............................. 83 0 c ' 1 ..

24 director s hnJI t tax levied, to county clerk, 1 , 1_1 .. ......(...............1.3·.. ::......... 25 Jl repor b district does not d1rect, see notl'), , 11 ......... h 8 a .. ................ . 25 11 expen d money . w en of epidemic, sworn statement, 14 , 11 sba close sc hoo1tn caseb · d ent, 10, vu .. .... 48 required by county super1nten mnY . .

34 J1 correc t reports w t en nch ers not qunhfied, n, tv ............................. . ebn no money to e shall pnY p:EBT:EDNES~-. . . ,.,.. IN · d ' t · ct 15 d1v1ded 9 10 11, 1............................... 16, 18 I '.['It Io .... . d when IS r 1 . ' ' ' piS di"lde d' sed of1 16, !........................................................ 19 bO"VI' d hOW JSpO '.'. nbonde ' .ETINGS-SUB. n......................................................... 21 u -aiO'J' ]I{E. dent appoints, when, 5, i....... .............................. .... 15 '.['.>• per1nten .

• . , J) Is ntY su . . of first meeting, to whom, o, 1....... ...... ......... ............ 1 v co''tice 1n . wrl twg . hat notify qualified voters, 6, 1. ................. ,.......... ....... I 6 no tice directs wdon ' notice, deliver . . . to chmrmnn, 7, 1................... . ......... 16 pO . . ov1·aence, 8 , 1........... .

1 6turn e ndorse . d to director, prtmafacte ............... re dehvere .. .

21 . " when and where, 1, u. : .................. ....... ............ ........ .

0 tice ll nua1 meetln,, .. ................................. .. 21 . boW Clllled, 0b'JeCt State d 1 2 1 11 an eetlngs, ..

22 cit.\\ Ill day hour and place, 3, 11 ........................................ . epetice tJlU st state ' . ..

2?: . t' il\erra\ for want of not1ce, 3, 11..................... ......... ~ no eet1ng no "' 22 annual Til vote tit, 4, ii ....... ······ ............ ...... ............... ... ...... .... .. ......... 22 \\'no tJlllY duties of, 5, ii .................... ;........... ::······ ........................ . ·rrnuUr t mode of procedure, 5, u................... ........... 22 cb!\1 oallenge vo e, . . ..

23 "'no tJlllY c 6 r ejected when, p enalty for false sweanng, 6, 11 ................. . snnll b t select site 8 ii......... ............. .... ... .. .. .. ............ 23 -vote s tJlnY !ldJ" ourn· o . d'mg, IO , 11 · · ............. · .. . 24 leasin"' of' site and bml -voter urchaswg or "' ..

24 direct P h t y be determined nt, 11, 11 ............................. . tllfJ.Y t'10 " w a ma · "ld !\1 rnee "'' d t mine number of mills to be expended lor bm annU tin" may e er 24 nuu!J.l tllee ii" ............................................................_._...... ..... ...... 2& & ·n" 12, ... d t rmine number months school, 14, 11 ...... · ........ . l "'' . g m !\Y e e 2& anuun~ tllee~l~e of property when ~-ot needed, ~5, ii ............................ .

2 e. direct .

5 to suits 16 11................................................... tJlll-Y d' ect1on a ' ' ...

27 "i ve If oderntor and treasurer, 1, 111 ............................ .. ronY "' director, m .. .

2& l elect d t may appoint when, 5, 111 .. . ............................. . l sba rinten en ' '.

30 countY supedi>turbnnce of, 2 and 3, 1V .................. .d..1"1'".'.'"""""""""' 24 for · utnber of mills 10 an , u .................. . lty en!\ and determmo n ' ..

24 p vote tfJ.X. t f building purposes. 12, n ........................... . m!\Y rn1ine amoun or ............... ........ 77 w aY dete nds spec. act, 3 ......... ......... ......... ........ .

33 maY issue bl~ be 'clerk of, 9, iv. ................................................ ..... .. .. 39 ' ld' cotnmittee 6, v ............................................... . d 1·rector sha · t bul wg ' 40 mnY llppo1n . when 11 v ..................................... ... ........... . . ..

1 "ll ·VUC!IUC1CS, > mlloY )..1.

DlaTBIC'l'

.---------

---------

I 10!)

INDEX.

108

INDEX.

.

)

DISTRICT OFFICERS-SUBs. III and rv .•...•.•.•••.....••................... ..... 27, who are eligible, I, iii..................................................... ................ election of, terms of office, acceptance ftle'il, when and where, qualification of, I, 2, a, iii...................................................................... appointment of, by whom, 6, iii, also 11, v ... ................................. ... 28, appointed officers, length of' time of, 9, iii. .................................. .'...... means of removing, Atty. Gen'l, (III)........... ................................... when elected at other than annual meeting, 2, iii ............................... .. payment of for services, I4, iv................................. ............... ......... shall not teach except upon petition, IO, iii...................... ..................

DISTRICT PROPERTYon division of districts, how apportioned, by whom, 9, IO, 11, 12, I3 and 14, i (see notes) ...................................................................... I6, when no division should be made, see note to 9, i, also Atty. G en'l, (IV.) and ....................................................................................... 17, purchase and sale of, 6, v. . .............................. .................. ............... care of, a and 9, v .......

38 of what it consists, Atty. Gen'l, (IV) ...... ............... :::.·.·::.·::::.·::.".".".".".".".".".".. ' mistakes in division may be corrected (see note 9, i). ...... .....................

DISTRICT TAXEShow levied and collected, 11, I2, i, and 10, ii, and 2, v ................... I8, 24 amount of tax imposed, I1, ii .......................................................... ' how expended, 13, ii.. ..................... ............... ....... money from state fund, how expended tnote to 13, ii) . .".'."."."."."."."."."."."."."."."."."."."."."."."."

DISTRICT TRUSTEEShow and when chosen, I, vi. ......,. ..................................................... shall file acceptance, elect director, moderntor, and treasurer, etc., 2, vi. shall have power to control in all respects the school, 8 1 vi................... report of, to annual meetin!?, 4, vi....................................................

DISTRICT TREASURER-See Treasurers.

0 0000 0 . . . . . . . . . 000 . . . . . . . . . 0 • • 000 0 . . . . . . .

30 27 27 40 29 94 27 85 29

18 94 39 40 94 17 38 24 25 25 41 41 -i2 -i2

EMERGENCY CLAUSE-SuB·. XIv-29.............................................. 75 FINES AND FORFEITURES-SuB. vn-3 ~nd SuB. xr-i. ............... .44, 55

' --·-

ti'

d

'

nw: acceptance of office by_district officers................................................ notice for annu al meetm g . ··········:· ··········: ············ ·; ·············· .. .......... f fl.

Jeo-al voters for speciUl meetmgs ..................... .............. . reques t o v~ 1 "meetings ....... .. ......... .... ........ ............... . ·················· tice of specJa . : :acher 's co~ tr~c:~;~~~;~;;·: :::::::::::::::::::::::::::::::::::::::::::::::: ·::::: :::::: orders ~00 : 1:~~:ty treasurer........ .............................. .......................

0 w 11rra ty clerk of tuxes voted... ............................. ............ cer tificllte to cou~ bond .... ··· ············· ··········· ······.............................. . t treasurer s • distr~c tmeot by district bo~rd: ······f···t··· a.ppo1n . for exammatwn o enc ers............ ........• .. ....... .......

··h······ ····················.················

PAGE-

85 85 85-

86 8 6-

86

87 88 89·

8

9~

v·

~::!~:~~:~:::~:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~· :r

ueber ntY supermtendeot to treasurer.... .............................. 88te of cou certifica L)Jl):rr-" rovid ed, by whom, iv .....•.....•............................................• . 34, :f' ):J.O'{{ p QJI:E:RS-SUB. XI. 1. · ······· ·· ······ . .. . .... . ... ... . . . . .. ... ... . ..... ...... 55 11t(:O• ~:!aosferred, when, 13, ii.. ...... . ............................................... 25..;o

:a,

tP~1 ...~o:Rf board of

"jf

. .

"\"~:B.L'

comroJsstoner~ ............... .. ... . ....................·....... Const. records of state supermtendent, I, viii...... ...................... 49· · t en d en t , 7 , Vln...... ... port from st at e supenn ...... ...... ....... ... 50VJ recel ve re VJf).Y cnooLS. pED S . d trustees of, how supported, officers of, etc., 3, v1; also 2 r<I ~ft. .., organtze. , ........................................................... .... . 42, 65, 70 l? }l0" d 19 JtlV ··••••• fJ.n ' DISTRICTS-SuB. VI. .............. . ................................ 41

00

-<~eJll.ber 0 • v- fJ.Y eJta!1l1 . ne

roll scaoo~ee note

to 11, iv) .... ......................................................

.· ·.... .· ..

. / =~:{~

3S.

~

rDh- ~&--:' d Statutes, page 310.

0 !J CoJll.PJle (see "'T.BICTSo:rl'I"T plo f ,b.ttY· Gen'l, (V)............................................................. ~~.

J decision d 22 i. ...................................................... ............. ...... .. }lo'{{ for!Ile ' t; whom made, 22, .1..................................................... 21 ts froJll.• repor r~ES" o"E:NSE, Fo riated (constitution) .. ......._............ ................................... 56 y1 w apPr ~ d (note 6, 7, v) 4-5, x1 ........... .. .................. ....... .. 39 , 40, · 0 b.

• u one • }loW ~PP~ttY· Gen'l, (X) ............................................._........ ............ 98.

-o:

°

EXAMINATfONtime of, notice of, public, a, vii......................................................... 4-i branches required on, 5, vii............................................................. 4 5 E LECTIONof district officers, 1, iii........................................... .. ... .. .... ... ... ...... 27 of county superintendent, 1, vii........................................................ 43 of state superintendent, Art. V ...................................................... Uo,nst. of board of education, cities, 3, xiv ........ ..................................... ...... .. . 65

FORM OFnotice of 9ounty ' superintendent to taxable inhabitant ......................... .. indorsement upon notice ............................................... , ................. . notice of first meeting .................................................................. ... .

n

FORMS O:F- " 0 n PAGE

83 83 84

opinion IIOOL...~ps SC . f

!1l

sale of, Art. VIII. Const ................................... .

9·

:r,..h..L'!Iloneys ' a. rising ro,b.rt. VIII, Const. .......... .. ... ...... .... .. ... ... ...... ......... 10 , 11 8

acre, ' price per F DISTRICT. ...... opERATOR 0 ' of office of, <lualifications of, file acceptan~e , 1 and 3, iii 21 .lV" • of ' t erm . .

30· electiOn . t meetin()'s countersJO'fi or d ers, 1 , 1v............................

-·a c at distrJC " ' " -preol

111

110

INDBL :P..ia

Jd:ODB~TOB OJ' DISTBICT-Cbntinaed-

0..1\Til OY-Gbtl~l te d&Dt1 251 A.rt. V •••••••••••••••[••••••••••••• •••••••••••••••••••CoDA , J 84 of • tate super n n ua reillrDB 12, iv••••••••••••••••••••••••••••••••••••••••••••••••••• of director to 0801 id mio aiclmess and destruction ot house, 14, ii....... 25, 21 8 .. .. diI trict board to. bep uoty superintendent, 1..,, u •. n•••••••••••••••••••••••••••••" 28 co • ., b dled must e board of education, 6, xiv ................... •••••••••••••••••••••••• -· of member• of ·

P.A.o•

dutJ~ or, 2, a, iv••••••••••••••• : •••••••••••••••••••• ~ •••••••••••••••••••••••••••••••••••••• 80, 81 appointment of, 6, iii I and 11, v ........................ •••••••••·•·••·••••••••• ...... 28, 40 approve bond with director, 4, iv ••••••••• :............................................ 81 ":ith director may demand additional-security, 8, iv •••...•••....••••••••.••••• 82, 88 give c?nsent to employment of teacher, 11, iv..................................... 88 may sJgn contract, when, 11, iv •·••••••••••••••• ••••••••••••••.••• ...••••••••• ••••••••• 84 may take census, when, 12, iv........................................................... 84 pro•ide for school-house, 18, iv ....................................................... 84, 86 trustee~~ elect, when, 21 vi ...................................................... ;....... 41, 42 face of warrant must be filled, 16, iv .................................. ...... ......... 86 must keep record of warrants, 16, iv • ...... ..... ....... ..... ......... ...... ......... 86

NORMAL SCHOOL-sUB. xnr-

,.t

.PETITIONs- district. from ~Jd districts, 4, 1.......!••••.. ••••············..•••••••••• 14

I.·········· ...............

14 to forJD neW d t may not refuse two-thircla, ~. erloten 8ll county sup th districts affected, 4, i ...... ••••••••• ••••••••• ••••••••••••••••••••• 14 must be rrom bbeo. oated in three places ten days, ~. i ........................... 14 p • ' notice o f JOUSt . state ohanges des•red, 4, f ·······:·······•••••• ..• ................ , ••••••• ~4 ot.ic8 must cities by board of education, 4, 1.............................. 16 n ell affeeting ohang ... ·· PU:PlLSt ,beD admitted !tee, expulsion of, ~. 6, v (note, to 12, iv) ••• ·••·•·················· ..••..••••••••• .. ••••••• ••••••••••••••• 88, 89, 84 D reBideD • oo·,...... ••••••••••••••••••• -•••••• . •••••• •••••• •••••• ............... •• •••• as,•• raee note to ~ and .'!• v) • ••• -

· ··

shall be under direction of board, 1, :dii.......................... ......... ......... 60 board appointed by w h om, vacancaes, • 1, XIII ... ••••••••••••••••••••••••••••••••••••••• 60 board shall elect otlicers, 2, xiii ................................................ ;.... •••• 60 state treasurer fJ:IJ-ojJii:UJ treasurer of bqard, 2, xiii.. ............... ...... ......... 60 duty of secretary, a, xiii •••••••••••••••••• ~.. ••••••••• •••••••••••• .••••••••• •••••••••••••• 60 powers and duties of board, 4, xiii .. :.................................................. 61 shall receive no compensation, 6, xiii............................................. :... 61 regular meetings, when, 6, xfii........................... ............ .................. 61 principal of school chief executive, 8, xiii.......................................... 61 shall exercise guardianship; 9, xiii.. .............................. ..................... 61 students completing course receive diplomas, 10,xiii.......... .................. 61 funds for, 11, xiii ........................................................................... 62 endowment lands, 12, xiii ............................................................... 62, 68 students pay matriculation fee, 181 xiii.............................................. 68 money from dormit~ry, how expended, 141 xiii ............... ;................... 68 exclusive purpose of school, 16, xiii......... ............... .................. •• .•••••• 68 board regulate admission of pupils, 16, xiii................................ ••••••••• '68 graduates may have certificate revoked, 6, x ....................... :............... 64

·ae~~c• ot \ . . . . reB• BOA.BD BDUOATION.,....Bee 8, sub. Ziv........................... 6f yB:JIIsr.JJ:JII~ND :gBPORTB Oll'..,.00BJ)S -nrds prima fae.ie evidence, 8, i ........... •.•••••••• ....... .............. 18 :IJ.- d,jr8Ctor'• r.......orta 17, IV, • 10; VII-•••••••••••••••••••••••••••••••••••••••••••••••• .. ' 86 I "7 ... ., I~ r's ..-ep rer ' 6 i v ••• ••• • •...... ••• .......... •••••• ••• •• ••••••• •• •..... ...... •........ 82 jrecto d ueasu • • · district . tendent&, 6, i. ·····••••••• ................... ............................. 16 superiD ... .

60 "1 countY erintendent, 7, 8, u •a.te suP .................................................................. 51, 52 s..2 iX· ••••••"""" teachers, e.:Surers, 2, xi •••••••• ••••••••••••••••••••••••••••••••••••••••••••••••••••••.••••• 66

Vln........................... ......... ..................... '

1I

I

NOTICEBof formation of new district, 5, i ........................................................ . mus"t be in writing, 5, i .................................•.........................•....... to whom directed, 6, 1•••••• ••••••••• ••••••••••••••••••••••••••••••••••••••••••••••••••••• return endorsed on, and must be delivered to chairman, 7, i ................. . chairman must give to director, 8, i ................................................. . director must record, 8, i ........................••••••••• ................................. or meeting, must state object, 2, ii ...•••. ···•·• ····•••····• •.•.••.•...••..•....•...•.• " " " hour and place, 8, il. •••••••• ; .............................. .

11 " be posted fifteen days, 8, ii. ...................................... .

II

OATH OF-

II

''

on door, 16, iv •• ••••••••••••••••••••••••••••••••••••••••••.

\

16

I

15 16

16 16 16 21 22 22 85

.

district; voters, 6, ij.. •••••••••••••••••••••••••••••••••••••••••••••••••• ··•••• ••••••••• •••••• 22, 28 of county superintendent, of account of, 1, 2, vii ............... ·••••••••••••••••• 48 to statement of institute fund, 5, x. ............... 64 " u

•

l

\

\\

l \

tr 8 , x'I ....... -~·········································~······················ M coUnt, ~reasurer, state t, i ........•...........

Oo 11 dedned, !TIES-SUB. XIV .....................................................64, '16 ooLS IN ted city constitutes one district1·1 1 :r.iv........... ;................ M SOJ:l b incorpara rs and board of education control, 1, xiv. ••••••••• ••••••••• G4 eac le powe • 66 J1l8t stY ' . orporate limita, 1, :z.tv ••••••••••••••••••••••••••••••••••••• ••••, •••• na r itorY not1D cf district in corporate 1'Iml'ts 1 1 1 x i v ............................. 65 W lP~o ~ l..~r~o free 2, xiv ••••••.•••••.•••••.•••••.••••••••••• •••••••••••••••••·•••••••• f r action•balluv I • to 8 • ·at of term of service, e ., , xiv.............................. . 65 h aol• a sc all board consi d sited' returns made, 4 1 xlv ...................................... .. 66 h I hOW epO I • .

6'J ballots, 1 take usual oath, O, xtv •••••••••••••••••••••••••••••••••••••••••••••••• sbal • t• 6 · 6'1 B 1 etnber • nd speo1a mee tngs, , nv •••••••..•.•••••...••••••...•••....•.

ID utar IDeeting& . .................................. . 6'1 • aftlcers and make ru1ea 1 7, :r.1v eg r t~~o ' M eball selectecte, d bow 'I 8 xiv •• •••••••••••••••••••••••••••••••••••• •••••••••········· .•••••.6869 dl8. ftlcerl e 9 10 11 121 an J XlV •••••• ••••••••• ••••••••••••••• • •••••• ••• , oduttel • Of oftlcers, .

• ............................ ' 69 d' t ''ot 'must' deliver property, 1!, XIV ofold IS ri .

69 oftlcers Jlllecl 16 X.lV •••••••••••••••••••••••• ••••••••••••••••••••••••••• ••••••••• ·ea bow .. ' ' 69 vaoanci ' at'Ituted vacancy formed, 161 xiv.. ........................... 1 68 ... boW con • quoru ... ,

sos. x..--

_l_

°

··•··•····•·•····•·•··•••••·········•···•··••••··•······•·····•·

• INDEX.

112

113

INDEX. 0

SCHOOL LANDS-oee ScHOOLS IN CITIEs-ContinuedPAGE accounts audited, how, 17, xiv................... ... ............................. ...... 7() shall ta ke enumeration, 18, xiv ......... ........... ...... ............... ............... 70· applicants must produce certificate, 19, xiv ...... . ................................. 7 ~ board authorized to appoint examining committee, 19, xi v ._........... :... .. . 71 certificate. of examining committee good in the city, 19, xiv.................. 71 unlawful for member to be pecuniarily interested, 20, xiv ...... ... ...... ...... ';' 1 school property, how sold, 21, xiv ........................ ........................ .'..... 71 debts of district must be provided for, 22, xiv. ...... ......... ...... ............... 71 bonds may be surrendered, 22, xi v. ... .... .. ... ... ... ...... ...... .... .. ... .. .. .. . . .. .. 71 fractional part may have benefit, 22, xiv .................. ........................... 71 president of board, county superintendent, and director, appraise, 22, x iv 7'1: board report to council estimates, 23, xiv. ............ ............... ...... ...... ... 7?: purchase and building referred to voters, when, 23, xiv........................ 73limit of school tax, 24, x iv .......................... :............. ....................... 73- · must provide for payment of bonds, 26, xiv........................................ 73 sinking fund, how invested, 26, xiv................................................... 73may purchase bonds before maturity, 27, xiv.............................. ......... 74 money arising under form er laws must be paid, 28, xiv........................ 74 acts repealed by this law, 28, xiv ................................... .'................... 74 SCHOOL DISTRICTS-See Districts.

SCHOLARSage of, 12-17, iv.... ........................................................................ 34, 3& census of, 12, iv .............................................................................. 34 marriage does not exclude, not to be counted in more than one district (note, 12, iv) .... r....................................................................... 35SCHOOL FUND-SUB. XI. ................... .-............................... ·............. 55, 5S. permanent, temporary, 1, 2, xi ............. " :'"'''"''"""'"'''"'" ............ 55 1 56. permanent, origin, how invested, by whom, Art. VIII, Const. temporary, origin, how appropriated, Const. apportionment of, districts and 1cities not receiving, 14, ii; also·4, xi ....... 25, 57 . teachers' wages , from, 8, v ....... .'....................................................... 39 teachers ' fund, how divided, 15, i ............................... : ............. :....... 19 treasurer shall not lend or use, 9, xi. ................................ ........ ;......... 58· SCHOOL-HOUSEShow paid for in division of districts, 9, i ........................................... 16, may be moved wh en thre e~ fourths mile from center, 8, ii...... ................ sale of, proceeds of, 13 and 14, i ....................................................... 18, building, purchasing, hiring , 10, ii.................................................... tax for, 11, ii. ..................... :............................. .............................. committee to build, forbidd en to build when, may build on leased land when, title to land for , 6, 7, v..................................................... appendages of, repai rs of, 13, iv ...................................................... 34, care and custody, 9, v..................................................................... sites for, 81 9, ii, and 6, 7, v ........ ....................;. .......................... 23, 24, borrowing money fo:_-Spec: act 8................................................... 77,

17 2319< 24 24 39· 35 40 39 8()-

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SCHOOL TA~:-............................................... .................. 24, 25 10, 11, 13, u .............. ..

SCHOO_Lt'· ~~~!~:sch ool sb nll be taught, 14, ti....... ............. ................. 25 l eng u ' scaooL Y EAR-es 1 ii ...... ........................ ............ ...... ............... ...... 21 wh en comu;:n~ {,..:............ ................................. ......... ......... .... ..... 52 school roon o'F 's ·rA.TE y b d of state commissioners, Cons!.. · S ECRETA.R ber of onr r.n em X II ..................... . ................... .. ....... . .. .. .. .. ..................... 58, ~0 rr E -SUl3· . . bow located , 8, 9., 10, H.. ...... ..... ..... .... ..... . ............. .. 23, _4 S 1 o f sc bool-house, 2 3 , 11. .. . ........... .. ..... ....• . .•. 21, 'J ? . t o locnte o r c h a nge , sees . ·, • of na eetw g n otice i nnd 6, 7' v .... ............................................................ 18 , _39 • 11 Je of, lS, _ ' fails to establish, vote n ecessu.r y to cha nge, mny be fix ed by - ben districtu er 1. ntendent, 8 an d 9, 11 .. .......... .

93 'J ~ . ............... .... ............... - , - 4 p · 1 , xu.. ......................... .... ....... .. ........ 58 by appra1sers, c ounty d5 mned .. m"Y be con·d eto pay costs, 2 ' XIL.................................................. ...... o9 59 50 b oo1 bonhr t :mny be tnken, 3, xii......... ................ .. .... ........ .. ..... ... .. .. . nD'lo unt t ya app enl, 4 ' x .. n.................... ............ .. .. .. . ..... .......... .. .... .. .... 59 u er. ro. nner of Jan d s may convey, o, - x 11... .. .. ....... . .. ...... .. .............. .. .. 59 0 ,; mlSSlO com EN.A.CTMENTS-1879 (not r cpen1ed).

-tles for registration of bonds ...... ..... .... ............ ............. .. 75- 75 S-oECl.A.L J. l pr OV1 :['TO· ' vides fundin g b onds ....................... .. ....... .. ....... ....... .. ...... 76- 77 -pO ..:r · 2, pro · d t ~ b _ , ~7 8?

3 provides 1ssuance an p u.ym en O < onus .... ............................. / _ ~ :1'1 °· ' ...,.-..TD'G'NT OF PUBLIC IN STRU CTIO N-Su R v u r .. ...... . 49, ::il . :gl1lJ'T'f.rl> .L~ "' <rp . f term of office of, official b ond of, oath of, Co nst. A r t. V ........ . u el ec t10l1 . h ed , 1 , vn1................ .. . ffice where, h ow f nrms ............ ......... 4"'" • • b y w h om, . l, v m... .. . ...... ... ........ . .1.() sban l{eep 0office, subJ. ect to examma\.10n\ . 't u t es , ?~, v1u .. . .................................. .. .. .... .. . 49 recor·ds of ·ze teachers ' 1nst1 ... · t~ach ers, 3 , v1n.... sb!l11 or" ."".an 1 hoo1s, !ldv1se .. ... .................. ......... ...... 49 , D·o v1S1 t sce stat e normal d'1p1omn., 1 , 1x . ............... ........................ .. .. . 51 11 b~t 5 . . sch oo1 1av.~, 4 , v1w.. . .. ...................... ..... u"0 u1 !\Y a Pp rov disputed pomts m 1] deC! e . . be sba ··be forms of rep orts, etc., pllmt.scb ool laws and: b\nnko, 5, S, snu11 ~:escr: ........................ , .................. ...... : .................. ...... _. ........ i:iO · same, 7 , vu1................. ·" v 111 • ··· vcrnor, pnnt .............................. ru0 .. · .. ..................... ..... .. . 50 , ur l rep or t to. go cport and d el'1ver, t ow h om, 8 , vnt.. ... a1so 3 , x1. . .. .......................... .... .. t>- l , "., school fun d s , 9 , vtn, uv sh!\11 P r1nt r. . stttntcs .

1 npporuon ' ze district m , 2 , x................... . ......... . ................. "3 u 5 b a1 -a..

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sbnll or g aul

fessional certificates , 4, ix ....... ..... ... ...... ......... ...... ......... 52 ..

45 "'runt pro JllnY ""ote to sec. 5, vn )······ .................. ............................... ............. . ber of nor mal school bol\rd, 1, xiii ...... ......... .................. GO (see n . a:: clO metn eJC-OllJ.

suiTS ..A.T L.A.-;: mny direct, 16, ii ............................ ........................ 26 . trict meetom, . ...................... .. ......................... .

32 d 1s appear in, w h en, 7 , 1v .. treusurers hen 7, iv ........................................................................ dir ector' w '

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115

INDEX.

114

INDEX.

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C ouNTY- ContinttedPAGE TREASURERt tate t reas urer 2, x i. .. ..... ... .. .... . ..... ... .. . .... . . ... .. . . .. . .. .. . 55, 56 sh a ll re por t o s · ' . ~ · 58 . r eceive r ep ort f r o m coun ty superin tenden t, f, X I ••• • • • • • •• • • • • •• •• • •••• • •• • •• • • • • •

~

vot ers may vo te, 10, ii. .. ... . .. . . . . . . . .. ... . .. . .. . .. . .. . . . . . . . .. .. . .. . . . . . .. . .. .. . . .. . .. . . . board shall report, 2, v, a nd 11, ii. .. ........ . .. ...... .. .. .. . . .. . ..... . ... .. . ..... .. . 24, v oted at special meeting only wh en, 14, iv . .... . .. .... .. . ...... .. ... . .. ... .. . . .. . .• m oney apportio11ed appli ed t o t eachers' wages, 8, v ... ...... ... ... ... .. .. .. .. . .. .

24 38 35 39

T EACHERS-Su B. r:x: ... .•••••.• ••••.••.•...•.•• •• •• •. ..•..•.•. ••• •• ..•.... ..• .. ..... •. .... .. 51, hired by whom , contrnct in wri ting with, 11, iv , (see note) .. .... .. . . . . . .. . .. 33, m on thly r eport of, 2, ix , (sec note).. .. . ... .. .. . ... . ... ... .. .... .. . .. . . . .. .. .. ... .. ... . wh en q u alified, 1, ix. .. ... . ... .. .. ... . .. . .. . ... . ..... .. . .. .. .. .... ... .. .. .... .. . .. ...... . . .. examination of, certi ficates , when a nnull ed, 5, 6, 7, v ii ... .. . .. ... . .. . ... . .. . .45, may r eceive state cer tificate, 4, ix. . .. .. . ... .... .. .... .. ...... .. . .... ... . . ... .. . .. .... . . w hat branches ar e r equ ired, 5, i x .. ..... ... . ... .. .. .... .. .. . :... .... .. .. . ..... .. . .. . . .. county superintendent shall exam in~, 3, vii. . .. . .... . .. .... ....... .. ...... . .~ . .. 44, kin ds· of ce rtificates , 6, v ii ..... . .... ... .. . ... .. ... .. . . ... ......... ... . .. .. .. . .. . .... ..... qu alification s n ecessary, 5, v ii. .. .. . .... ... ., ... . .. . ... . . . .... . .. .. ...... . . ... . .. .. . ... 45, sh a ll pay fee for exam in a ti on, 5, x ... .... .. ... . .... . .. ..... .... . ... . .. ... ... .. . .. . . .. 53, m ust h ave cer tificate , 8, v. . .. ... ... ... . ... .. ... ... . ... .. . .. .. . ... ... .... ... .. .. . ... . .. . .. d istrict officer may , whe n, 10, iii. . .. . .. . .. . ... ... .... . ... .. . . ... ..... ........ . ..... ... .

52 34 61 51 47 52 52 45 46 46 54 39 29

TF.EASURER-Stated 1· to state superintend e n t exhibi t of school 1 out a nd e 1ver sballf m~s;:e 3 x i.' . . .• . •• • · '· · · ·., • ... . . . .. • .. . . . . ••• · ·· ··· ·· · · •· •··••··· •· . •.. . . . . . . . . ···· · · · •• 56 un ' ' d of state co mmission er s, Const. ... .. . .. . . .. ..... . .... . ... . . .. .....

9 member of boarfr om coun ty t r eas urer, 2 , xi. .. .. . .. . . ... . . . . .. ... .. ... .. . . . . . . ... ... · 56 ·· · •• •• • • • ••• • •• •••• • • ••• ••• •• • • •••••••• ••• 60 r cc e ive r epor ts or of normal b oar d , 2 , X III. . f:licio troasur 1 b d 1 . . ..

60 ex-o . m ber of n or ma . oa r , , XIII •• • ••• • •• • • •• ••• • • • • • •• • • •• •• • • • • • • • • •• • • • 0 ••• ex- O ffic iO 1Dbe paid to, ;t3, x ui. . . . ..... . .....• . •. ...• . .. . . . . . . . . . . ·· · · · · . ··· · · · ··· ·•·· · . . . 63 mo ncvs to ' - o:Ks -See B ooks . .,....,..T- BO . t ']_'p..osee D istrw · ~s TE E S'fl~ u r sT:RIOTSV~IO:N" D ·zed 2 2, i; a lso sub. vi . . ... .. .. . ... . ... ... ... .. ..... . ... .. . ... . .... .. .. ... 20, 41 ]lo W org an' , srTY - · o:r<lyr:ER tr~lled , board of r ege n ts, how elected, lands, price of, Const.. .. ... 10 . bo w co~rz:ED TERRITORY-3, i.. . ... . ..... ... . .. .... .. ......... .. .. ... .. . ..... ..• 14 • No :RG.A. L)J:

vroT~~~:Cations of, 4, ii_. .;. ...· ·~···:_ .....········· ······ ··············· ················· ......

T EACHERS'' I NSTI T UTE - SuB. x .. .... .. ... .. ..... . . ...... .. .. ... .. ... .. . . . . : .. . . . .. 53, 54 kinds of, n or mal and cou n ty , 1, x. .. ..... . . .. .. .. .. ... ... .. . ...... .. .. .. .. . .. .... .. . ... 53 n ormal instit u tes organ ized by state su perintende n t, 2, x. . .. . .. .. .. . . ... .. ... . 53 county superinte ndent m ust a ttend a t least one week, 3, x .... . . .... .. . .. . .. . .. 53 expenses, how d efrayed , 4 , x.. .. . .. . .... . .. .. .. . ...... ... .. .. . . ... .... . . .. ... .... .. . .. .. . 53 fu nd, how formed, 5, x: .... ...... . .... .. .... . . ... ... ..... . ... ... . ... . . .. . . .... ...... . .. 53, 64 cou nty board m ust add to, 5, x... . ... ... .... .. .. .. . . ... .. . ........ ..... . ..... .. .. . .. ... 54 d isbur sements , how made , 6, x. ... ... ... .. . .. . .. .. ... .. ... .. . ... ... . .. ... ... ... .. . ... . .. 54 cer tificate may be revoked for refusal to att en d, 6, x. ... ... ... ...... . .. ..... ... . 54 TREASURER-Dist?-ictcalendar of busi ness . .. . . .. ...... . .. .. . .. . .. . ... . ... .. . ... ... ... ... .. .. . .. . . .... . .... . . . .. ... 7, s election of, accept ance , term of office of, 1, iii.. ... ... .. ..... ... .... .. ... . .. . . .. .. . 27 appoi n tment of, 6, iii, a lso 11, v . .. ........ .. . . ... . .... . .. . .. . ....... .. .. . .. .... .. .. .. 28, 40 di rector and mod erat or cannot be hi s sur eties , 4 , i'l', (n ote)... . . . ... . . .. .. .. .. . 31 must pr esent certificate from co u nty su perintend en t, 10, xi ... .. ~.. . . . . . . . . .. : . 58 other m em bers may declar e vacant, w hen, 8, i v . .. . .. ... .......... ..... .... .. ... 32, 33 sh all fi le bond with di r ecto r , 4, i v .. .. .. .. .. . .. . . ... ..... .. . .. . ... .. . . .. ... ... .. .. .. . .. 31 d raw mon ey fr om county treas u ry, 5, i v . ....... . . .. . .. . ... .. ....... .. ...... .... .. 3 1, 32 sh a ll keep a r ecord of receip ts an d d isbu rsemen ts, 6, i v. .. . ... .. ... . .. . . . . . .. .. 32 shall settl e with district board and make report, 6, iv .... .. . :. .. . . . ..... . . .. . .. . 32 sh all appear for the di str ict in sui ts , 7, iy .. ... ... . . .'.. . . ... .. . . . ... .. ... . .. . .. . ... . .. 32 office may b e d eclared vacant, when, 4, 8, iv . .. . ..... . .... .. . ... . ...... . ... 31, 32, 33 sh a ll not lend or use f u nds, 9, x i. . .. . . . . . . . .. . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 58 T REASURE R -Coun tyshall collect, pay over , di strict a nd other taxes , 2, v. . . .. . .. ... . .. . .. . ... . ... . . .. 38 d istrict t reas urer sh all r eceive funds fr om, 5, iv.. ... ....... .... . ... ... ... .. ... . ... 31 not entitled t o a per cen t . for collecting state a ppor ti onm en t , 8, xi; a lso Atty . G en'l , (V) . .. .. .. ......... ...... ........ ... ...... ... ... .. ..: .. ...... .. \ .... .. .. 58, 96

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q 1 .rre of, oath of, o, 6, I,"·· ············ ········ ........................... _. ..... 22, 23 ch al en , ( n ote) , 4, i i. .. ... . .. . .. . .. . . . . .. . . . . . . . . . . .. . . . . . . . . . . .. . .. . . . . .. . . . . . . . . . . . . . . . .. ... 22 wome;1 p r oper ty qm\l ificntion is t o be construed , A t ty. Gen 'l , (VIII ) . ...' 97 boW t ~e noti fied of t h e for mation of a new district, o, i.. ....... ..... ,... .... .. 16 J11U 5 \ , 0et e taxes , 10, 11, 12, ii . .... ... .... ... ... ..... ... .. .... ....... . : ..... ......... ... ..24, 25

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vJ\.c.iN" ~ 11!:~. iii . . . .. ... . .. . .. .. ... .. .. ... .. . .... . ... . .. . . ... .. .. . .... .. .. . ..... .. ... .... .. .. ~s ~hicb

'29 40 vb~:~~c;ay fill, 11, v :·•• ooo ooo•:····· · · ·· ·· ···· ··· ···· ·· · ··· · ·: ... ..... .. .. .. .... .. ...... ... 40 fill ed at specwl electwn, wh en, 11, v . . ..... ... . ...... .... ....... . ...... .. . 40 rn nY b e super intende n t, m ay fill, sh all h old until, 12, " ···· · ·· · ···· ··· ··· · ····· · 41 coun tY . 5 in board of educatio n, occur h ow, 5, x iv.. ... . ... .. ... ...... .. .. ..... . G'i vuc!1nc~~ o f educati on, how fill ed , 15, x) v.. .... .... ..... .... ..... ... .... ... .. ..... .. 6'J in b onl '

}lo\V

fi \

terrn fo r

fill ed , 9, iii ... . .. . ... .... . .. .. .. ... . .. ... . ... .. .. .... .... . . .... ...... ... ..

~efined, 10, v .. .. . .. ... .. ... ..... .... . . .. ···· · · ··· ·· · ··· ··· ·· ·· ·· ·· · ·· ·· · ······ · ···

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This .Volume is Publia Property. .

It is to be k~P~ in the c~stody of the school officers, ..and produce<;! by them at all meetings of the district, for consultation by the voters, and rtlust be delivered to their successors in office. Should it be lost, . . another copy cannot be furnished till the legislature provides for publishing another edition .

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