i ^ 9^ o^ ''■m^zmh-^^: . -*i- f i I f 1111 * 1. . I » SUPPLEMENT TO THH Ohio School Laws CONSISTING OF THK Amendments Enacted by the 77th General Assembly. IssuKD BY TriK State Commissioner OF Schools, July 15, 1908. Columbus, Ohio : F. J. Hker, State Printer. 1903. SUPPLEMENT TO THE Ohio School Laws CONSISTING OF THE Amendments Enacted by the 77th General Assembly. Issued by the State Commissioner OF Schools, July 15, 1908. Columbus, Ohio: F. J. Heer, State Printer. 190S. mmf^'^ V 3 TMP 92-008404 OHIO SCHOOL LAWS. (House Bill No. 1279) AN ACT To amend section 2834b of the Revised Statutes relating to restrictions as to con- tracts, agreements, obligations, appropriations and expenditures. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 2834b of the Revised Statutes be amended so as to read as follows : Sec. 2834b. The commissioners of any county, the trustees of any township and the board of education of any school district, shall enter into no contract, agreement or obligation involving the expenditure of money, nor shall any resolution or order for the appropriation or ex- penditure of money be passed by any board of county commissioners, township trustees or board of education, unless the auditor or the clerk thereof shall first certify that the money required for the payment of such obligation or appropriation is in the treasury .to the credit of the fund from which it is to be drawn, or has been levied and placed on the duplicate, and in process of collection and not appropriated for any other purpose ; which certificate shall be filed and immediately recorded, and the sums so certified shah not thereafter be considered unappro- priated until the county, township or board of education, is fully dis- charged from the contract, agreement or obligation, or so long as the order or resolution is in force, and all contracts, agreements or obli- gations, and all orders or resolutions entered into or passed contrary to the provisions of this section, shall be void. Provided, that none of the provisions of this section shall apply to the contracts authorized to be made by other provisions of law for the employment of teachers, officers, and other school employes of boards of education. Section 2. That said section 2834b of the Revised Statutes be and the same is hereby repealed, and that all acts and parts of acts inconsistent herewith are hereby repealed as to such inconsistency but not otherwise. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. Andrew L. Harris, Governor. 4 OHIO SCHOOL LAWS. (Senate Bill No. 591) AN ACT To amend and supplement section 3726 of the Revised Statutes of Ohio, relating; to the conferring of degrees by colleges and universities. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 3726 of the Revised Statutes of Ohio be amended so as to read as follows : Sec. 3726. The trustees of a college, university, or other institu- tion of learning incorporated for the purpose of promoting education,, religion, morality, or the fine arts, which has acquired real or personal property of the value of twenty-five thousand dollars, and which has filed in the ofiice of the secretary of state a schedule of the kind and value of such property, verified by the oaths of the trustees, may appoint a president, professors, and tutors, and any other necessary agents and officers, and fix the compensation of each, and may enact such by-laws not inconsistent with the laws of this state or the United States, for the government of the institution, and for conducting the affairs of the corporation, as they may deem necessary ; and may, on the recommenda- tion of the faculty, confer all such degrees and honors as are conferred by colleges and universities of the United States, and such others having reference to the course of study, and the accompHshments of the student, as they may deem proper. Provided, that no college or university shall confer any degree until the president or board of trustees of such college or university shall have filed with the secretary of state a certificate issued by the state commissioner of common schools that the course of study of such insti- tution of learning has been filed in his office, and that the equipment as to faculty and other facilities for carrying out the said course of study are proportioned to the property of such institution and the number of students in actual attendance so as to warrant the issuing of degrees by the trustees of said institution. Provided, further, that any char- tered institution of learning failing to file with the secretary of state on or before June ist, 1908, the certificate herein provided for shall forfeit its charter and the same shall be revoked by the said secretary of state. Section 2. That said section 3726 of the Revised Statutes of Ohio be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives, James M. Williams, President of the Senate. Passed May i, 1908. Approved May i, 1908. Andrew L. Harris, Governor. OHIO SCHOOL LAWS, 5 (House Bill No. 938) AN ACT To amend section 3893 of the Revised Statutes, relating to the annexation of ter- ritory to municipalities afifecting school districts. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 3893 of the Revised Statutes, relating to the annexation of territory to municipaHties affecting school districts be amended so as to read as follows : Sec. 3893. Whenever territory is annexed to .i city or village, such territory thereby becomes a part of the city or village school dis- trict and the legal title to all school property in said territory shall re- main vested in the board of education of the school district from which said territory was detached for all school purposes, until such a time as may be agreeable between the several boards of education, when such property may be transferred by warranty deed, or in case of disagree- ment between said boards of education, like proceedings shall be had as in section 3896 of the Revised Statutes. Provided, further, that where territory located within the corporate limits of a village is attached for school purposes to a district other than the village school district, and the boards of education of the districts are unable to agree as to the transfer of such territory, the board of education of the village school district may file a petition in the Probate Court asking for the transfer of the territory within the corporate limits of the village, and the Probate Court shall have the same jurisdiction as is provided by section 3896 of the Revised Statutes. Section 2. That said section 3893. of the Revised Statutes, be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. ♦James M. Williams, President of the Senate. Passed April 14, 1908. Approved April 15, 1908. Andrew L. Harris, Governor. (Senate Bill No. 455) AN ACT To amend section 3897 of the Revised Statutes of Ohio, as amended April 25, 1904^ relating to boards of education. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 3897 of the Revised Statutes be amended to read as follows : 6 OHIO SCHOOL LAWS. Sec. 3897. In city school districts, the board of education shall consist of not less than three members nor more than seven members elected at large by the qualified electors of such city school district, pro- vided that in city school districts which at the last preceding federal census contained a population of more than 50,000 persons, the board of education shall consist of not less than two nor more than seven mem- bers elected at large by the qualified electors of such city school district, and of not less than two members nor more than twelve members elected from subdistricts by the qualified electors of their respective subdistricts, and, provided further that whenever the number of mem- bers of the board of education in the school districts of cities which at the last or any subsequent federal census may have a population of more than 50,000 persons is changed under the provisions of this act, then such board of education shall consist of not less than three members nor more than seven members elected at large by the qualified electors of such city school district. Not later than the first day of June next after the passage of this act, the board of education of each city school district in which mem- bers have heretofore been elected from subdistricts and within three months after the official announcement of the result of each federal ■census, the board of education of each city school district shall prescribe the boundaries of the subdistricts or shall pass a resolution fixing within the limits prescribed by this act, the number of members of said board of education to be elected at large, and if any members of said board shall have been elected by subdistricts designating the subdistrict members to serve temporarily as members at large in accordance with the pro- visions of this act. Said subdistricts shall be bounded, as far as practicable by corpora- tion lines, streets, alleys, avenues, public grounds, canals, water courses, ward boundaries, voting precinct boundaries or present school district boundaries, and shall be as nearly equal in population as possible and shall be composed of adjacent and as compact territory as possible. Whenever the number of members of the board of education of any city school district shall have been changed in accordance with the pro- visions of this act, then the members that have been elected at large shall serve the terms for which they have been elected, and if any mem- bers have theretofore been elected by subdistricts, and the number of members at large shall be increased, the proper number shall be chosen by lot. from the subdistrict members whose terms first expire to serve until the expiration of their terms, and, the proper number shall be chosen by lot from the subdistrict members whose terms last expire to serve until the expiration of their terms. If the board of edu- cation consists of an even number of members, one-half shall be elected every alternate odd numbered year for four years, and if of an odd num- ber of members then one-half plus one shall be elected in the year 1909, OHIO SCHOOL LAWS. 7 or four or a multiple of four years thereafter, and the remaining number in the year 191 1 or four or a multiple of four years thereafter. At the expiration of their respective terms, their successors shall be elected for four years. Whenever the number of members of any city board of education, in which heretofore any members had been elected by subdistricts, is changed in accordance with the provisions herein, then the office of sub- . district members in such city school district is hereby abolished. Subdistricts shall be numbered from one up, consecutively and members to be elected to the board of education from subdistricts of odd numbers beginning with one shall be elected in the year 191 1, and those elected from subdistricts of even numbers shall be elected in the year 1909, and at the expiration of their respective terms, their successors shall be elected for four years. If the board of education shall fail to prescribe the boundaries of the subdistricts or pass the resolution as provided herein at the time or times herein specified, then and in that event the members who have been elected at large of such board so failing, shall, subject to the re- quirements of this act, forthwith prescribe the boundaries of the sub- districts or pass the resolution as herein required at the time or times herein specified. Members elected at large must be electors of the city school districts and members elected .from subdistricts must be electors of the city subdistricts from which they are chosen or of the territory attached to the subdistrict for school purposes, and a removal from said subdistrict territory or city school district shall vacate said office. The number of members of the board of education shall not be changed except at the times herein provided. Section 2. That said section 3897 be and the same is hereby re- pealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams,' President of the Senate. Passed May 9, 1908. Approved May 20, 1908. Andrew L. FIarris, Governor. (House Bill No. 678) AN ACT To amend section 3920 of the Revised Statutes of Ohio, as amended April 25, 1904, relating to the organization of township boards of education. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 3920 of the Revised Statutes of Ohio be amended so as to read as follows : 8 OHIO SCHOOL LAWS. Sec. 3920. Boards of education of township school districts shall organize on the first Monday in January after the election of the board, by the election of one of their members president and the election of a clerk who may or may not be a member of the board, the president to be elected for one year and the clerk to be elected for a term not to exceed two years. They shall fix the time of holding regular meetings. Each member of the board shall receive, as compensation, two dollars, for each meeting actually attended for not more than ten meetings in any year. The compensation allowed to members of the board shall be paid from the contingent fund. Section 2. That section 3920 be and the sa'me is hereby repealed. Freeman T, Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed April 14, 1908. Approved April 15, 1908. Andrew L. Harris, Governor. (House Bill No. 723) AN ACT To amend section 3922 of the Revised Statutes of Ohio, in relation to the suspension of schools in subdistricts, and conveyance of pupils to other districts. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 3922 of the Revised Statutes of Ohio, in relation to the suspension of schools in subdistricts, and conveyance of pupils to other districts, be amended so as to read as follows : Sec. 3922. The board of education of any township school district is authorized to suspend the schools in any or all subdistricts in the township district, but upon such suspension the board must provide for the conveyance of the pupils residing in such subdistrict or subdistricts to a public school in said township district, or to 1 public school in another district, the cost of such conveyance to be paid out of the funds of the township school district ; or the board may abolish all the sub- districts providing conveyance is furnished to one or more central schools, the expense of such conveyance to be paid out of the funds of the district, but no subdistrict school where the average daily attendance is twelve or more, shall be so suspended or abolished under the provisions of this section, after a vote has been taken under the provisions of section 3927-2 of the Revised Statutes, when at said election a majority of the votes cast thereon were against the proposition of centralization, or OHIO SCHOOL LAWS. 9 when a petition has been filed thereunder and has not yet been voted lupon at an election. No township schools shall be centralized under this section by the board of education of the township until after sixty days' notice has been given by the board, said notices to be posted in a conspicuous place in eacn subdistrict of the township. When transportation of pupils is provided for, the conveyance must pass within at least the distance of one-half of a mile from the respective residence of all pupils, except when such residences are situated more than one-half of a mile from the public road ; but transportation for pupils living less than one and ^ne-half miles, by the most direct public highway, from the school house shall be optional with the board of education. Sfxtion 2. That original section 3922 of the Revised Statutes of Ohio be and the same is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. ^ James M. Williams, President of the Senate. Passed April 23, 1908. Approved April 24, 1908. Andrew L. Harris, Governor. (House Bill No. 716) AN ACT To provide transportation of pupils in village school districts with attached territory. Be it enacted by the General Assembly of the State of Ohio : Section i. Boards of education in village school districts with .attached territory are authorized to provide for the v^onveyance of the pupils of said districts to the school or schools of the district, the ex- pense of said conveyance to be paid from the school funds of the village district with attached territory. Provided, however, that boards of edu- cation of such districts as provide transportation for the pupils thereof, shall not be required to transport pupils living less than one mile from the school house, or houses, transportation of pupils in any event shall be optional with the boards of education. Freeman T. Eagleson, Speaker of the House of Representatives. James M, Williams, President of the Senate. Passed April 29, 1908. Approved April 29, 1908. Andrew L. Harris, Governor. 10 OHIO SCHOOL LAWS. (House Bill No. 682) AN ACT To amend section 3923 of the Revised Statutes of Ohio, as amended April 26, 1904,. abolishing joint subdistricts. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 3933 of the Revised Statutes of Ohio be amended so as to read as follows : Sec. 3923. Joint subdistricts are hereby abolished and the territory of such districts, situated in the township in which the schoolhouse of the joint subdistrict is not located, shall be attached for school purposes to the township school district in which said schoolhouse is located, and shall constitute a part of said township school district, and the title of all school property located in said joint subdistrict, is hereby vested in the board of education of the township to which the territory is attached. A map of such attached territory shall be prepared ander the direction of the board of education of the township district to which such terri- tory is attached and shall be made a part of the records of said board and a copy of the same shall be filed with the auditor of the county in* which said territory is situated, or if the territory be in two or more counties, said map shall be filed with the auditor of each county. Pro- vided, further, that when such subdistrict is a part of townships, both of which have centralized schools, and no school is maintained in said sub- district, then the boundaries of the civil township so situated shall form' the boundaries of the township school districts, and each township shall" have entire control of the territory of such subdistrict lying within its- boundaries. Section 2. That said section 3923 be and the same is hereby re- pealed. Freeman T. Eagleson, Speaker of the House of Representatives.. James M. Williams, President of the Senate. Passed April 14, 1908, Approved April 15, 1908. Andrew L. Harris, Governor. OHIO SCHOOL LAWS. II (House Bill No. 7^)7.) AN ACT To nincial section ?i«4 of the Revised Statutes, authorizing boards of education lit special school districts to provide for the transportation of pupils to sciiool houses. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 3934 of the Revised Statutes, be amended so as to read as follows : ■ 5ec. 3934. Boards of education of special school districts are authorized to provide for the conveyance of the pupils of said districts to the school or schools of the districts or to a school of any adjoining: district, the expense of said conveyance to be paid from the school fund of the spec'al school districts; provided, however, that boards of educa- tion of such districts as provide transportation for the pupils thereof, shall not be required to transport pupils living less than one mile from the schoolhouse ; transportation of pupils, in any event, being optional with the l)()ard of education. Sfctiox 2. That said section 3934 is hereby repealed. Freeman T. Eagleson, Speaker of the House of Representatives. James M. Williams, President of the Senate. Passed May 1st, 1908. Approved May ist, 190S. Andrew L. Harris, Governor. (House Bill No. 1003) AN ACT To amend section 3969 of the Revised Statutes relating to the action of the county commissioners when a board of education fails to provide proper school facilities, and section 3981 of the Revised Statutes with reference to vacancies in boards of education and how filled. Be it enacted by the General Assembly of the State of Ohio : Section i. That sections 3969 and 3981 of the Revised Statutes be amended so as to read as follows : Sec. 3969. If the board of education in any district fail in any year to estimate and certify the levy for a contingent fund as required by this chapter, or if the aniount so certified is deemed insufficient for school purposes, or if it fail to provide sufficient school privileges for all the youth of school age in the district or to provide for the continu- 12 OHIO SCHOOL LAWS. ance of any school in the district for at least thirty-two weeks in the year, or to provide for each school an equitable share of school advan- tages as required by this title, or to provide suitable school houses for all the schools under its control, or to elect a superintendent or teachers,, or to pay their salaries, or to pay out any other school money needed in school* administration, or to fill a:ny vacancies in the board within the period of thirty days after such vacancies occur, the commissioners of the county to which such district belongs, upon being advised and sat- isfied thereof, shall do and perform any or all of said duties and acts, in as full a manner as the board of education is by this title authorized to do and perform the same; and all salaries and other money so paid by the commissioners of the county, shall be paid out of the county treasury as other county expenses are paid, but the same shall be a charge against the school district for which said money was paid, and the amount so paid shall be retained by the county auditor from the proper funds due to such school district, at the time of making the semi-annual distribution of taxes ; and the members of a board who cause such fail- ure shall be each severally liable, in a penalty not to exceed fifty nor less than twenty-five dollars, to be recovered in a civil action in the name of the state upon complaint of any elector of the district, which sum shall be collected by the prosecuting attorney of the county and when collected shall be paid into the treasury of the county, for the benefit of the school or schools of the district. Sec. 3981. Vacancies in any board of education which may be caused by death, non-residence, resignation, removal from office, failure of the person elected or appointed to qualify within ten days after the organization of the board or of his appointment, removal from the dis- trict, or absen'^e from meetings of the board for a period of ninety days,, provided said absence is caused by reasons declared insufficient by a two-thirds vote of the remaining members of the board, said vote to be taken and entered upon the records not less than thirty days after said absence ; such vacancies shall be filled by the board of education at its next regular c special meeting or as soon thereafter as possible for the unexpired term. A majority vote of all the remaining members of the board can fill any vacancy or vacancies that may exist in said board. Section 2. That sai