OHIO SCHOOL LAWS, REVISED STATUTES, PART SECOND, TITLE III. PASSED BY THE SIXTY-THIRD aE]S'ERAL ASSEMBLY, JUNE 20th, 1879, AND TO TAKE EFFECT JANUARY 1st, 1880 ; WITH NOTES, OPINIONS, INSTRUCTIONS, AND BLANK FORMS, PREPARED BY THE STATE COMMISSIONER OF COMMON SCHOOLS. /3>^' LAW ^ '^ DEPARTMENt COLUMBUS: NEVINS & MYERS, STATE PRINTERS. 1879. L3zsz^ ,(Dz /S7f CONSTITUTION. ARTICLE VI.— EDUCATION. Section 1. The principal of all funds, arising from the sale, or other dispo- position of lands, or other property, granted or intrusted to this State for educa- tional and religious purposes, shall forcvir be preserved inviolate and undi- minished ; and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations. Sec. 2. The General Assembly shall mate such provisions, by taxation or otherwise, as, with the income arising from t^e school trust fund, will secure a THOROUGH AND EFFICIENT SYSTEM OF COMMON SCHOOLS THEOUGHOUT THE State ; but no religious or other sect or sects ihodl ever have any exclusive right to, or control of, any part of the school funds of this State. INTRODUCTOllY. Office of State Commissioner of Common Schools, Columbus, Ohio, July 25, 1879. S. J. R. NO. 92. Be il resolved ly the General JssemiJy of the Stale of Ohio, That the supervisor of public printing be and ia hereby instructed to have piiated and bound in muslin twenty- five thousand (25,000) copies of the school laws of 1^79, with such notes and decisions by the commissioner of common schools as that oflBcer may deem necessary, with a ref- erence to tach section of the law so explained Ly said commissioner. Five thousand (5,000) for the use of the comm ssioner of common schools; and'five thousand (5,000) copies to the members of the general assembly ; and the remainder to be distributed by the secretary of state to the county auditors of the several counties of the state in proportion to their population, to be fuither distributed by said auditors, as follows : One copy to the cleik and one to the treasurer oi each township; one copy to the clerk of each gchool district and sub-district; one copy to each prosecnting attorney and probate judge ; and one copy to the clerk of each board of school examiners. The copies distributed through the county auditors to be preserved by their several recipients and handed over to their respective successors in office. JAMES E. NEAL, Sj)ca1cer of the House of Eepresentatives. JABEZ W. FITCH, President of the Senate. Passed June 12, 1879. This edition of the school title has been prepared in obedience to the above resolution of the General Assembly. There has been for two years past a steady demand for copies of the school laws from county ollicers and members of school boards, which de- mand could not be supplied. The last edition was exhausted, and at any rate so many changes in the law had been made since its publication as to render it a very unsafe guide. In the preparation of the notes to this volume, the commissioner has been greatly aided by the official opinions of his predecessors, as con- 4 OHIO SCHOOL LAWS. tained in the volume of school laws published in 1858, prepared by Hon. Anson Smyth, and containing likewise opinions of Hon. H. H. Barney; the edition of school laws in 1865 by Hon. E. E. White, and a manu- script written by Hon. T. W. Harvey. In some cases their rulings as to the construction of the law have passed into the text of the law ; in other instances, these are no longer' applicable, owing to changes in the statute ; in manj^ others, these opin- ions concerning the force of a section of the law, and utterances with regard to the unwritten law — custom, are the exact matters to be pre- sented to school officers. These helps, however, are not available in construing the large num- ber of new statutes, or amendments to old ones, which have been enacted during the past two winters, and some of which now, for the first time, go into effect. Concerning the latter, I am frank to confess that it would be easier to prepare notes explaining matters whose meaning does not lie entirely upon the surface, if the letters from school officers and teachers to be written during the next few years were now at hand. I return my thanks to the Attorney General of Ohio, Hon. Isaiah PiUars, for his uniform courtesy and discreet advice upon legal points submitted for official opinion. This manual has been prepared amid a press of duty which scarcely left time for the absolute necessities of the work. I fear that it bears the signs of hurried composition, but trust its errors are of form and not of fact. I send it forth with the hope that it will be of great help to school of- ficers in the performance of their duties, J. J. Burns, State Commissioner of Common Schools. CFAPTER 1. CHAPTER 2. CHAPIER 3. CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER 8. CHAPTER 9. CHAPTER 10. CHAPTER 11. CHAPTER 12. CHAPTER 13. CHAPTER 14. TITLE III. SCHOOLS. Classification and change of districts. City districts of the first class. City districts of the second class, and village districts. Township and special districts. Joint sub-districts. School funds. Provisions applying to all boards. School-houses and libraries. Schools, and attendance enforced. Enumeration, treasurer, and clerk. Reports. Examiners. Teachers' instituies. Cincinnati and Tuledo universities. CHAPTER 1. CLASSIFICATION AND CHANGE OF DISTRICTS. Section 3885. Classes of school districts. 3886. City districts of iirst class. 3887. City districts of secoud class. 3888. Village districts. 3889. Change of classification in certain cases. 3890. Township districts. 3891. ' Special districts. Section 3892. Botindaries of sub-districts not changed. 3893. Transfer of territory from one dis- trict to another. 3894. Township districts may become vil- lage districts. 3895. How vote sh.-.ll be taken. 3896. How board organized. Section 3885. The state is hereby divided into school classes of School diBtrictSj districts, to be styled respectively city districts of the first class, city districts of the second class, village districts, special districts, and township districts. [70 v. 195, § 1.] Sec 3886. Each city having a population of tenthou- SCHOOL district. The term "school district" is fully defined in the first seven sections of this title. Territory attached for school purposes. — The phrase "territory attached OHIO SCHOOL LAWS. Ch. 1. Classi Beat ion and Chan";e of Districts. City fliatricts of Oity districts of aecoiid olass. Village dis- tricts CViaufce of cla*?- silication in cer- tain cases. ro\mship dis- bdctB. eand or more, by the census of 1870, including the territory- attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall constitute a school district, to be styled a city district of the first class. [70 v. 19-5, § 2.] Sec. 3887- Eachcityof the second class, having a popu- lation of less than ten thousand b}' the census of 1870, in- cluding the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall constitute a school district, to be styled a city district of the second class. [70 v. 195, § 3.] Sec. 3888. Each village, including the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall con- stitute a school district, to be styled a village district, [74 V. 140, § 4.] Sec. 3889. Municipal corporations hereafter created, or advanced to a higher grade, except villages created by ad- vancement or otherwise, shall, from and after their creation or advancement, be school districts corresponding to their grade as herein provided. [70 v. 195, § 5.] Sec, 3890. Each organized township, exclusive of any of its territory included in a city, village, or special district, for school purposes," as used in sectioEs 3886, 38S7, and 3888. evidently applies to territory not included in the corporate limits of a city or vil- lage, hut which, at the time of its oigauization, formed a part of the school district or sub district to which the tsrritory of such city or village bfcloni^ed ; or to territory transferred from one district to another, lor school purposes, under section 381(3 of this chapter. "Teiritory detiched for school purposes" is territory taken into the corporate limits of a city or village, but not transferred by mutual con- sent of the boards > f education concerned ; or territory formally trans- ferred by the city or village -district to a district adjoining. Sec. 3889. The exception of "villages created by advancement or otherwise," hereafter is explained by reference to chapter 3, section 391^. Sfc. 3890. Under this section a change of township boundaries works a corresponding change in the township district boundaries. OHIO SCHOOL LA.WS. Classification and Change of Districts. Ch. 1. shall constitute a school district, to be styled a township dis- trict. [70 V. 195, § 7.] Sec. 3891- Any school district now existing, other than special dis- tricts, those mentioned in sections thirty eight hundred and eighty- six, thirty- eight hundred and eighty seven, thirty-eight hundred and eighty eight, and thirty-eight hundred and ninety, which has been established by a vote of the people in accordance with any act of the general assembly, or which has been estab- lished by a general or local act of the general assembly, shall constitute a school district to be styled a special district ; and such districts may be established as provided in chap- ter five of this title. [70 v. 195, § 6.] . Sec. 3892. The several sub-districts and joint sub-dis- tricts now existing within any township district shall con- Bnundarips of tmue, according to their respective boundaries, to be sub-dis- not ciiauged. tricts or joint si^-districts thereof, subject to the provisions of this title. [70 v. 195, § 8.] CHANGE OF DISTRICT. Sec. 3893- A part or the whole of any district may be transferred to an adjoining district, by the mutual consent ^.p^nsferof ter- of the boards of education having control of such districts ; di-fict to an- but no such transfer shall take effect until a statement or map, showing the boundaries of the territory transferred, is Skc. 3891. The terms "separate district," "independent distiict," "union school district," are here shown to be obsolete. Sec. 3892. Sub-districts are the sub-divisions ot a township organized for school purposes. These sub-divisions are made by towus^hip boards of education, by commihsioners appointed by the probate court, and by the general assembly. Concerning joint sub-districts see chapter .5. Sec. 3693. Territory transferred under this section becomes part of the school district to which it is annexed. Tue qualified voters residing thereon are entitled to vote at all school elections, and all taxes for school purposes must be assessed upon all the property of the district. The right of appeal to the county commissioners is given as agaiust such transfer ; but if there is a failure of the boards of education to agree to the transfer, no right of appeal exists. other. OHIO SCHOOL L AS. Ch. 1. Classification and Change of Districts. entered upon the records of such boards, nor, except when the transfer is for the purpose of forming a joint sub-district until a copy of such statement or map, certified by the clerks of the board making the transfer, is filed with the auditor^of the county in which the transferred territory is situate ; and any person living in the territory so transferred may appeal to the county commissioners, as provided in section thirty-nine hundred and sixty-seven, and the commissioners, trhrtsmaybe^-" ^^ their first regular meeting thereafter, shall approve or come village districts. vacate such transfer. [70 v. 195, § 40.] Sec. 3894. The board of education of any township district may decide to submit, and, on petition of one-third of the electors of the district, shall submit, at the first regu- lar election for township officers after such decision is made or petition received, the question whether such township district shall be governed by the provision^ of this title re- lating to village districts ; and the board shall give notice of the vote to be taken, by posting up written or printed notices, in ten or more public places in the township, at least twenty days prior to such election. [70 v. 195, § 155.] S'tlkTn^ shall ggc. 3895. The election shall be conducted by the town- ship trustees, who shall provide a separate ballot-box and separate poll-books, and make a return of the vote to the township clerk, and also to the commissioner of common schools, within five days after the election ; and the persons voting at such elections in favor of such change shall have written or printed on their ballots — " School District," and those opposed to such change — "No School District." [70 v. 195, § 156.] Secs. 3894, 3695, 3H96. The directors of the township cease to be di- rectors, and their office is abolished, as soon as the new township board is created with all the powers of a village board. The result of this change would be a simpler and more effective system for the management of the township schools. OHIO SCHOO LAWS. City Districts of the First Class. Ch.2. Sec. 3896. At the annual organization of the township gj^J^f^^ "^- board after any such election, if it be found that a majority of the votes cast were in favor of the change, the board shall select, by vote or lot, six persons to serve as a township board of education, two of whom shall serve for three years, two for two years, and two for one year ; and such board shall thereafter be governed by the provisions of this title relating to boards of village districts. [70 v. 195, § 157.] CHAPTER 2. CITY DISTRICTS OF THE FIRST CLASS. Section 3897. Board of education — how consti- tuted, and how membership in- creased. When two members for each ward, how elected. When one member for each ward, how elected. 3898. 3899. Section SiiOO. Where certain electors to vote; plats of attached territory. 3901. Conduct of elections. 3902. How electors on attached territory to cast ballots. 3903. Meetings and certain powers of the board. Section 3897- In city districts of the first class, the Board of educa- tion — how con- board of education shall consist of two members for each stituted. and how momber- j i-Ti-j. • -\ J 1 -J- sliip increased. ward, except m districts organized under a law providing for one member only for each ward, in which districts the board may at any time, by a vote of a majority of its mem- bers, provide that thereafter each ward shall be represented by two members, and thereupon proceed to choose one addi- tional member for each ward, to serve until the next annual election for city officers, and until the election and qualifica- tion of his successor ; and each member of the board shall CHANGE OF RESIDENCE. Seo. 3897. When a member of the board of education removes from the district, or from his ward, in case the district is divided into wards, or a director removes from the sub-distriet, he vacates his office. Likewise, if the territory upon which such officer resides be transferred to another district^ ward, or sub-district. 10 OHIO SCHOOL LA.W3. Ch. 2. Citv Districts of the Fir!?t Class. When two nieiiibers for each ward, how elected. "WTien one ni em- ber lor each ■ward, how elected. "WTiere certain elfCtoistn » ots; platsof attached teriitorji. be an elector of the ward for which he is elected or appointed. [70 V. 195, §§ 9, 10.] Sec. 3898. At every annual election for city oflBcers in a city which constitutes a district of the first class, and wherein the board consists of two members for each ward, there shall be elected in each ward, by the qualified electors thereof, one judicious and competent person to serve as a member of the board of education of the district, for two years from the third Monday of April succeeding his election, and until the election and qualification of his successor. [TO V. 195, §11.] Sec. 3899. When the board consists of as many mem- bers as there are wards, there shall be elected, at the annual election for city officers, in the year eighteen hundred and eighty, and every two years thereafter, in each ward desig- nated by an even number, and in the year eighteen hundred and eighty-one, and every two years thereafter, in each ward designated by an odd number, by the qualified electors there- of, one member of the board, who shall hold his office for two years, and until the election and qualification of his suc- ces?or. [70 v. 195, § 11 : 71 v. 55, §§ 1, 2, 3 ] Sec. 3900.' An elector residing in the city district, but not in any ward of the city, shall be entitled to vote in the ward to which he is attached by the board of education for school purposes; but an elector residing in the city, and not in the city district, shall not be entitled to vote at any elec- tion provided for in this chapter ; the board shall ascertain whether the city limits are co-extensive with the limits of the school district; and iu ca=e the school district includes territory without the corporate limits, the board shall make or cause to be made a plat of the territory so attached for school purposes, designating thereon by metes and bounds OHIO SCHOOL LAWS. 11 City Di(-tiict8 of the Fir^C Class. Ch. 2. the ward or wards to which such attached territory is to be thereafter assigned; which plat shall be recorded as a part of the proceedings of the board. [70 v. 195, §§ 10, 11.] Sec. 3901. The election provided for in section thirty- ^i^p^j^^g"^ ■ eight hundred and ninety-nine shall be conducted by the judges and clerks of the city elections, and they shall make returns of such election to the board of education within five days from the time of holding the same. [70 v. 195, §13.] , Sec. 3902. The judges and clerks of city elections, in How electors OH 3.Lt3.Cil6Cl the wards to which any territory beyond the city limits has casVbaiioM. been attached by the board of education for school purposes, shall have two separate ballot-boxes and two sets of poll- books ; the electors residing on such attached territory may vote at all regular and special elections in such wards for members of the board of education; the judges of election in such wards shall receive the ballots of the electors residing on such attached territory, and deposit them in the ballot-box provided for that purpose; the clerks of election shall enter upon the separate poll-books provided for that purpose the names of such electors so voting ; and due returns of such elections for members of the board shall be made as provided by section thirty nine hundred and one. [70 v. 195, § 12. Sec. 3903. The board of education shall hold regular Meetings and certaiD powers meetings once QYery two weeks, and such special meetings as of the board, it may deem necessary ; it may fill all vacancies that occur in the board until the next annual election, and may make such rules and regulations for its own government as it may deem necessary; but such rules and regulations must be consist- ent with the constitution and laws of the state. [70 v. 195, §14] 12 OHIO SCHOOL LAWS. Ch. 3. City Districts of the Second Class, and Village Districts. CHAPTER 3. CITY DISTRICTS OF THE SECOVD CLASS, AND VILLAGE DISTEICTS. Membership of board of ednca- tion. Election of members in city districts. Sectfon 390-1. Membership of board of education. Election of members in city dis- tricts. Conduct of the election. Election when as many members as wards. Election in Tillage districts. 3905. 3906. 3907. 3908. Section 3909. Notice of elections. 3910. EtiturDS to be made to board. 3911. How membership increased. 3912. How village may become village district. 3913. How village district organized. 3914. Organization of board. Section 3904. In city districts of the second class, and in village districts, the board of education shall consist of six members, except in districts organized under a law provid- ing for only three members, who shall have the qualifica- tions of an elector therein, and in such districts the mem- bership may be increased to six, in the manner hereinafter provided ; but the board of a city district of the second class may provide, by a vote of a majority of its members, that the board shall consist of as many members as the city has wards. [70 v. 195, §§ 16, 17.] Sec. 3905. In city districts of the second class, except such as are mentioned in section thirty-nine huridred and seven, members of the board of education shall be elected annually, to serve for the term of three years from the third Monday of April succeeding their election, and until the election and qualification of their successors; if the board consists of six members, two judicious and competent per- sons shall be elected each year ; and if the board consists of three members, one such person shall be elected each year. [75 V. 53, § 18.] OHIO SCHOOL LAWS. 13 City Districts of the Second Class, and Village Districts. Ch. 3. Sec. 3906. If the boundaries of the district and the city conduct of the election. are identical, or, if territory has been detached from the city and attached to another district, the election shall be con- ducted exclusively by the judges and clerks of the city elec- tion, but electors residing within the bounds of such detached territory shall not vote thereat ; but if territory outside the city limits is attached to the district, an election shall also be held for the same purpose in the township from which it was detached, and conducted by the judges and clerks of the township election, but only electors residing within the bounds of such territory shall vote thereat; the election shall be held at the same time and places as the elections for city or township officers are held ; the names of candidates for such membership shall be upon separate tickets, and all such tickets voted shall be deposited in separate ballot-boxes, which shall be provided by the board oi education ; separate poll-books of the election shall be kept ; and returns of the election shall be made to the clerk of the city which consti- tutes the district. [75 v. 53, § 18.] Sec. 3907. In a city district of the second class in which Election after mem^iership the board consists of as many members as the city has wards, increased. Sec. 3906. There has been some misunderstanding as to the meaning of this section, but I think that there can be no doubt of the correctness of this construction : that the electors of each ward vote at the ward polls for two members of the board, on a separate ticket, and in a separate ballot-box, provided by the board of education. If any portion of the school district is outside the corporate limits of the city the board of education must place a ballot box "at the usual place of holding ejections for township officers," and in this, persons re- siding in the school district, but out of the city, may vote for niprabers of the board. Returns from the various polls are to be made to the city clerk. The board of education in a city district of the second class has the power to declare that said board shall consist of as many members as the city has wards. If this has been done in any case, each ward elects its own members, the election being conducted in the manner laid down in section 3902 of this title, Until the erection into a village district and organization by the elec- tion and qualification of a board of education, no portion of the sub-dis- trict included in such village is withdrawn from the school jarisdictioa of the township. 14 OHIO SCHOOL LAWS. Ch. 3. City Districts of the Secoud Class, aud Villige Districts. there shall bs elected bieanially in each ward, at the time and in the manner provided in the preceding chapter for election in city districts of the first class, one competent and judicious person to serve as a member of the board for two years from the third Monday of April succeeding his elec- tion, and until the election and qualification of his succes- sor; but at the first election after it is decided that the board shall be so constituted, the persons elected in wards desig- nated by odd numbers shall serve for only one year from the third Monday of April succeeding their election, and until the eleition and qualification of their successors; and the board shall ascertain the limits of the district, assign at- tached territorj^ to wards, and make and record a plat there- of, as provided in section thirty-nine hundred. [75 v. 53, § 18; 70 V. 195, § 10 L] Sl^edisnicts'^"' ^EC- 3908. In village districts members of the board of education shall be elected on the first Monday of April annually, to serve for the term of three j'ears from the third Monday of April succeeding their election, and until the election and qualification of their successors ; the qualified electors of the district, including those residing within the bounds of territory attached to the district, but beyond tiie village limits, shall meet between the hours of six o'clock A M. and sis o'clock P.M. of said day, at the 'usual places of holding school elections, organize by the appointment of a chairman and secretary, and proceed to vote by ballot for persons to serve as members of the board ; and if the board consists of six members, two judicious and competent per- sons shall be elected each year, and if it consists of three members, one such person shall be elected each year. [75 v. 53, § 18.] OHIO SCHO'L LAWS. 15 City Districts of the Second Class, and Village Dibtricts. Ch. 3. Sec. 3909. The clerk of the board of education of each Noticeof elec- tions. city district of the second class, and of each village district, shall publish a notice of the election and meeting provided for in the preceding sections, in a newspaper of general cir- culation in the district, or post written notices of such meet- ing in five of the most public places in the district, at least ten days before the holding of the same, which notice shall specify the time and place of the election or meeting, and the number of members to be elected. [75 v. 53, § 19.] Sec. 3910. The secretary of the meeting or clerks of ^l^/tobolni elections in village districts provided for in this chapter shall keep a poll-book and tally-sheet, and return the same within five days after the election to the clerk of the board of education of the district, duly certified. [75 v. 53, § 20.] Sec. 3911. When the electors of a city district of the Howmenibpr- shipjincreased. second class, or of a village district, the board of education of which consists of three members, desire that the board shall consist of six members, they may make such change in the manner following : Written or printed notices shall be posted in at least five of the most public places in the district, at least ten days prior to the day designated therein, signed by a majority of the members of the board of education, or by one member of the board and at least ten resident electors of the district, requesting the qualified electors of the district to assemble on a day, and at an hour and a place, to be desig- nated therein, then and there to vote for or against such change ; the electors, when assembled in accordance with the notice, shall appoint a chairman and two clerks, who shall TIME OF NOTICE. Sec. 3909. In crmputirg the tiwe of the notice, either the day on which the notiue was po-ted or ihe day on which the meeting was held will bo couuTed. [•iUth Vermont, 4r7.] A notice for m scnool eleciion must state the purposes for which it is held. Should a vote bs taken on any other sunj-ct than that or those in- cluded in the notice, the election would be illegal, Li4th Vermont, 300.] 16 OHIO SCHOOL LAWS. Ch. 3. City Districts of the Second Class, and Village Districts. be judges of the election ; the electors in favor of the pro- posed change shall have written or printed upon their bal- lots the words, " Board — change," and those opposed thereto the words, " Board — no change," and the ballots cast shall determine the question whether the change shall be made ; the judges shall make due return of the election to the board of education of the district, within ten days after the hold- ing of the same ; and if a majority of the votes cast be found to be in favor of the change, three additional members of the board shall be chosen at the next annual election for school officers, one to serve for one year, one for two years, and one for three years, and annually thereafter two members of the board shall be chosen to serve for three years, as provided in section thirty-nine hundred and five. [70 v. 195, § 21.] ma^bSome ^'^^- 3912. When the electors of a village desire to erect dge trie . ^^ ^^^^ ^ village district, they may proceed in the following manner : Written or printed notices, signed by not less than five electors, resident of the village, shall be posted, at least ten days prior to the day designated therein, in at least five of the most public places within the village, requesting the electors thereof to meet for the purpose of voting on the question of establishing a village district, on a day, and at an hour and a place, to be designated in the notices ; the meeting shall be held within the limits of the village, be- tween the hours of six o'clock A.M. and six o'clock P.M., and the polls shall be kept open at least six hours; the electors, when assembled in accordance with the notice, shall ap- Sec. 3912. Under the act of March 14, IfcoS (51 t. 429), when an in- corporated village -vras formed within or to include a material portion of a sub-district, no portion thereof is, by reason of snch incorporation, ■vrithdrawn from the school jarisdiction of the township, but the whole continues to be a sub-district uutil the actual election or appointment of a separate school board ; and the portion of the sub-district not included within the limits of such incorporated village is "territory annexed for school purposes," within the moaning of the act. Cist v. Siaie, 21 O. S. 339. OHIO SCHOOL LAWS, City Districts of the Second Class, and Village Districts. Ch. 3. point a chairman and two clerks, who shall be judges of the election; the electors in favor of the proposed village dis- trict shall have written or printed on their ballots the words, " Village district, yes," and those opposed thereto the words, " Village district, no ;" and the votes cast shall determine the question whether such village district shall be established ; if a majority of the votes cast at such election be opposed to the establishment of such village district, the question of establishing the same shall not again be submitted to the electors of , the village until the succeeding regular annual election for village officers, and then only upon notice being given as above provided ; and if a majority of the votes cast at such election be in favor of the establishment of such dis- trict, the village may be organized as a village district in the manner provided in the next two sections. [74 v. 140, § 4.] Sec. 3913. Written or printed notices, signed by not i°^i^'^gi,. less than five electors residing within the limits of the vil- lage, shall be posted in at least five of the most public places therein, requesting the electors of the village to meet for the purpose of electing a board of education for such proposed village district, on a day, and at an iiour and a place, desig- nated in the notices, which notices s 'til be posted at least ten days prior to the day designated in them for such meet- ing; the electors, when assembled in accordance with the Sec. 3913, The title to and possession of all s -t^ool property within such district then pass to the board of education, and should be trans- ferred to them by the township board having possession. The office of director in the sub districts included in each village dis- trict is abolibhed when the organization of the village board is completed. A village district thus created from territory in a township district is entitled to a pro rata share of all general school funds in the township treasury at the time of such organization, or that shall thereafter come into such township treasury as the proceeds of a levy or levies made while the territory was under the jurisdiction of the township board of education. 2 18 OHIO SCHOOL LAWS. Ch. 3. Township and Special Districts. Organization of board. notice, shall appoint a chairman and two clerks, who shall be judges of the election, and shall then choose by ballot six competent and judicious persons to serve as members of the board of education of the proposed district — two to serve for one year, two to serve for two years, and two to serve for three years, from the third Monday of April next preceding the organization of the district, and until the election and quali- fication of their successors ; but if the election be held on the day of the annual election for school officers, there shall be elected two persons to serve for one year, two for two years, and two for three years, from the third Monday of April succeeding their election, and until the election and qualification of their successors. [71 v. 55, § 5.] Sec. 3914. If such election be held on the first Monday of April, the board elected thereat shall organize at the time and in the manner provided in section thirty nine hundred and eighty ; but if the election be held at any other time, the board shall organize on the next Monday thereafter, and in the same manner. [71 v. 55, § 6.] Section 3915. T 3916. 391 3921. CHAPTER 4. UWNSHIP AND SPECIAL DISTRICTS. >D!»p board of education — ■ \v coustitnted and organized. K . ctidu and qnalification of direc- tors. Xotice and condnct of election. 3yl8. Aleetings of directors. 3919. How -vacancies in board filled. 3920. Eegalar and special meetings of board, ilap of township district; change of snb-districts. Section 3922. Elections in Tievr snb-districts. 3923. Board of special district — how con- stittited, and Iiow increased. 3924. Election of members. 3925. Kotice and conduct of election. 3926.^ How special districts abandoned. 3927. Members of the board to become directors; disposition of prop- erty, etc. Sec. 3914. In case a village forfeits or surrenders its charter, the organization of the school district is not affected thereby. [Ohio Laws, vol. 75, page 187, sec. 8 and 11.] OHIO SCHOOL LAWS. 19 Township and Special Districts. Ch. 4. TOWNSHIP DISTRICTS. Section 3915. The board of education of each township Township board of educa- district divided into sub-districts shall consist of the town- tion-how con- stituted and ship clerk, and the directors who have been appointed clerks '' of the sub districts; the board of a township district which is not divided into sub-districts shall consist of the town- ship clerk, and the directors of the district ; the board of a township district which is composed of not more than two sub-districts shall consist of the township clerk, and the directors of the two sub-districts ; and the clerk of the town- ship shall be clerk of the board, but shall not be entitled to a vote. [70 v. 195, §§ 26, 29; 70 v. 241, § 44.] Sec. 3916. There shall be elected by ballot, on the sec- Election ana qualiiicition OTid Monday of April, annually, in each sub-district, and in of directors. each township not divided into sub-districts, by the quali- fied electors thereof, one competent person, having the quali- fications of an elector therein, to be styled director, who shall hold his office for three years from the day of his election, and until his successor is elected and qualified; and such Sec. 3915. The township clerk has all the rights of a member of the board but that of voting. One-half of the snb-district clerks, with the township clerks, conetitut© a quorum. A towDship board of education is not authorized to determine the right of its own members to act as such, after their election as clerks of the sub-districts has been certified to the township clerks by the chair- man and secretary of the sub-district meeting, and by the directors at their meeting for organization. The irregularities in an election can not be corrected by the township board. Skc. 3016. The time each director is to serve should be designated on the ballots, and such designation can not be disregarded by the judges of election. [xiO Ohio Stato E., p. 336. J WHO MAY TOTB FOK DIRECTOKS. Sec. 3916. Any person who is entitled to vote at the township election may vote for director in the sub-district of which he is a bona fide resi- dent, without regard to the length of time during which he may have lived in the sub- district. A school director can not act as such until legally qualified. This qualifying may take place immediately aft.er the election. The board of directors must organize within the week after the elec- tion, so they may be represented at the meeting of the township board of education on the following Monday. 20 OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. Ifotiee and conduct of election. Meeting of di- rectors. director shall, within five daj's after his election, take an oath or affirmation to support the constitution of the United States, and the constitution of the state of Ohio, and to dis- charge the duties of his office faithfully and impartially, which oath or affirmation may be administered by an}^ direc- tor of a sub-district of the township, or by the township clerk. [75 v. 81, § 27.] Sec. 3917, The clerk of each sub-district, or, if a town- ship is not divided into sub-districts, the clerk of the town- ship, shall post written or printed notices in three or more conspicuous places in his sub-district or township, as the case may be, at least six days prior to the day of election, designating the day and hour of opening and the hour of closing the election; the election shall be held at the usual place of holding school meetings in the sub-district, or town- ship district which is not divided into sub-districts; the meeting shall be organized by appointing a chairman and a secretary, who shall act as judges of the election ; and the secretary shall keep a poll-book and tally-sheet, which shall be signed by the judges, and delivered within five days to the clerk of the township. [70 v. 195, § 28 ; 75 v. 81, § 27.] Sec. 3918. The directors of each sub-district, two of whom shall constitute a quorum, shall meet within five days after the second Monday of April each year, at such place as may be most convenient in the sub-district, and organize by appointing one of their number clerk of the sub-district, who shall preside at the official meetings of the directors, and record their proceedings in a book to be provided for that purpose, together with the minutes of the proceedings of the annual school meetings held in the sub- district by the electors thereof, which shall be a public rec- ord ; all such proceedings, when so recorded, shall be signed OHIO SCHOOL LAWS. 21 Towuehip and Special Districts. Cli. 4. by the clerk ; the directors may meet as frequcBtly as they deem necessary for the transaction of business, and may fill vacancies in the office of clerk, or, if the clerk be absent, either of the other directors may officiate temporarily in his place ; but no business shall be transacted at a meeting of which due notice has not been given to each of the directors of the sub-district, either personally or by a written notice left at his residence or usual place of business. [70 v. J 95, §2S. Sec. 3919. If the qualified electors of a sub-district, or KaSkd!' of a township not divided into sub-districts, fail to meet and elect a director on the second Monday of April in any year, as prescribed in this chapter, or if a vacancy occur in the board of directors, any three qualified electors of such sub-district or township may call a special meeting of the electors thereof within ten days after such failure to elect, or the occurrence of such vacancy, for the purpose of electing a director, on first giving five days' notice in writing of the time and place of holding such meeting, by posting the same in three of the most public places in the sub-district or township ; the director elected at such meeting shall hold Sec. 3918. Directors should not fail to organize before the third Mon- day of April, so that they be represented in the township board of educa- tion. Business done by directors not at a meeting of which each one of the directors of the sub-district is duly notified, is without warrant of law, and consequently void. In case the clerk is absent from any of the meetings of the directors, one of the directors present can officiate temporarily in his place; but he cannot serve as a member of the township board of education until regu- larly appointed, NOTICE. Sec. 3918. But two modes of giving notice are named. If any other mode, as by mail, be used, and legal proceedings ensue concerning some act of tbe directors done at the called meeting, the burden of proof would rest upon those affirming the legality of the meeting to show that the notice was received. In 16 Maine R., 185, it is held that the dismissal of a teacher by two directors was illegal, because the third was not notified, although he was out of town. That does not allow the majority to dispense with the rule requiring notice. 22, OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. Begular and special meet- ings of board. 3Iap of town- ship district ; clianae of sub- districts. his oflSce for tlie unexpired term to be filled, and until the election and qualification of his successor; and if there be a failure to hold such general election, or the special elec- tion provided for in this section, the township clerk shall appoint some suitable resident of the sub-district to act as director until the next election, and until the election and qualification of his successor. [70 v. 195, § 20.] Sec. 3920- The board of education shall hold regular sessions on the third Monday of April and on the third Monday of September in each year, at the usual place of holding township elections, or at such place in the imme- diate vicinity thereof as may be convenient for the transac- tion of business, and may adjourn from time to time, or hold special meetings at any other time and place within the township, as it deems desirable for the transaction of business, which special meetings may be called by the town- ship clerk, by the president of the board, or by two or more members of the board ; but each member of the board must be duly notified thereof personally, or by a written notice left at his residence or usual place of business. [70 v. 195, § 31.J Sec. 3921. A map of each township district shall be prepared by the board, as often as it may deem necessary, in which shall be designated the numbers and boundaries of the sub-districts thereof; the board may, at any regular session, increase or diminish the number, or change the boundaries of sub-districts ; but no sub-district shall contain APPOINTMENT BY CLEKK. Sec. 3919 The township clerk should wait ten days, at the end of which time he should appoint, unless notice of a special election has been given. Fire day's notice. — See Note 1, section 3909^ Sec. 3920. The adjoiirned meetiugsof a "regular" session are "regular meetings." OHIO SCHOOL LAWS. 23 Township and Special Districts. Ch. 4. less than sixty resident scholars by enumeration, except in cases where, in the opinion of the board, it is necessary to reduce the number ; and any sub-district which may be established by act of the general assembly shall be governed by the provisions of this title, except that it cannot be changed or consolidated by the board within three years after its formation, unless the written consent of two-thirds of the electors residing in the territory affected by such change is obtained. [75 v. 120, § 32.] Sec. 3922. When the board consolidates two or more ^j;^*^Xiiv sub-districts into a new sub-district, or establishes a new sub-district in any other way, it shall call a special meeting of the qualified electors resident in the new sub-district, for the purpose of electing directors for the same ; at least five days before the time fixed for the meeting the board shall post, in three of the most public places in the new sub- district, written or printed notices, stating time, place, and new sub-dis- tricts. SIZE OF SUB-DISTRICTS. Sec. 3921. When a sub-district contains less than sixty enumerated yonth, and, in the opinion of the board, it is not necessary that the nnm- ber should be so small, it is the duty of the board to enlarge or aboUsti such sub-district. But when, by reason of swamps, streams of water, a want of passable roads, or sparsenest* of population, it is impossible to form sub-districts that sh ill contain at least sixty scholars without prac- tically depriving some youth of school advantages, boards of education are at liberty, and it is their duty, to form smaller sub-districts. School funds are raised for the purpose of "affording the advantages of a free education to all the youth of the Stale," and every inhabitant ha^i a rij^ht to demand the establishment of a school within such a distance of his resi- dence, and with such lacilities for reaching it, as will enable his children to attend. The term "sub-district," as nsed in section 1 of the supplementary act of April 9, 1867 (64 v. 117), does not include the sub-ordinate territorial divisions of separate school districts into which a city or village may be sub-divided, but applies exclusively to township or county sub-districts. Andus V. Sparger, 19 O. S., 577. The attaching of a territory composing a sub-district to adjacent sub- districts by a township board of education, under section 32 of the act of May 1, 1873 (70 v. 203;, is not a consolidation of two or more sub-dis- tricts into a new sub-district, within the meaning of said section, but is a change or alteration of the boundaries of the sub-diwtricts ; and the offices of local directors in the sub-districts to which such territory is attached are not thereby vacated. State v. Gibbs, 25 O. S., 256. 24 OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. object of holding the meeting; the election shall be conducted as provided in this chapter, and three directors shall be elected, one to serve for one year, one for two years, and one for three years from the annual meeting next preceding the organization of the new sub-district ; and the terms of office of the directors of sub-districts so consolidated shall expire at the time such new sub-district is created. [75 v. 120, § 32.] Board of special district — how constitnted. and ho-sv in- creased. Election of members. SPECIAL DISTRICTS. Sec. 3923. The board of education of each special dis- trict shall consist of three members, who shall be residents of the district, and have the qualifications of an elector therein ; and when the electors of any special district, the board of education of which consists of three members, de- sire that the board shall consist of six members, they may make such change in the same manner as provided for city districts of the second class and village districts, in section thirty-nine hundred and eleven. [70 v. 195, § 22.] Sec. 3924. There shall be elected annually, by ballot, on the second Monday of April, in each special district, by the qualified electors thereof, at the Ubual time and place of holding school elections in such district, one judicious and competent person to serve as member of the board for three years from the first Monday succeeding his election, and until the election and qualification of his successor; but in special districts hereafter established, the first election for members of the board shall be held within twenty days after such establishment, at least five days previous notice of which, stating the time and place of meeting, and signed by at least three electors of the district, shall be posted in three of the most conspicuous places in the district; at such meeting a chairman and clerk shall be chosen, and there OHIO SCHOOL LAWS. 25 Township and Special Districts. Ch. 4. shall be elected three members of the board, one to serve until the third Monday of April next succeeding his elec- tion, and one to serve for one year and one for two years from said third Monday, and each to serve until the election and qualification of his successor. [71 v. 57, § 23 ; 75 v. 120, § 19.] Sec. 3925. The clerk of the district shall post written Notice and conduct of or printed notices, in three or more conspicuous places in election. the district, at least six days prior to the day of election, designating the day and the hour of opening and closing the election; and the election shall proceed, and a return thereof be made, in the manner provided for elections in village dis- tricts, and shall continue at least two hours. [71 v. 57, § 24.] Sec. 3926- When the electors of a special district de- How special district aban- sire to abandon their organization, and become a part of the doned. township district of the township in which such special district is located, they may make the change in th» follow- ing manner: Written or printed notices shall be posted in at least five of the most public places in the district, signed by a majority of the members of the board of education, or one of the board and at least six resident electors of the district, requesting the qualified electors thereof to assemble on a day, and at an hour and a place, designated in the notices, which notices shall be posted at least ten days prior to the day designated in them, then and there to vote for or against stich change ; the electors, when assembled at the time and place designated in the notices, shall appoint a chairman and two clerks, who shall be judges of the election, which shall continue at least two hours ; those in favor of the pro- posed change shall have written or printed on their ballots 26 OHIO SCHOOL LA.WS. Ct. 4. Township and Special Districts. the words " School — change," and those opposed thereto the words "School — no change," and a majority of the ballots cast shall determine the question whether the change shall be made ; the judges shall, within five days after the elec- tion, make due return thereof to the board of education of the district ; and if a majority of the votes cast are in favor of the change, the board shall immediately certify that fact to the township board, which shall thereupon assume juris- diction of the territory, property, and affairs of the special district, and thereafter treat such district as a sub-district of the township district. [72 v. 27, § 25.] Members of the Sec. 3927. The members of the board of education of board to become sitioa oT'prop-'^ the Special district shall be directors of the sub-districts so erty, etc. created, for the remainder of the terms for which they were elected respectively; the clerk of the special district board shall deliver to the clerk of the township board all the books and papers of the special district in his custody, and notify the county auditor, in writing, of the abandonment of the organization of the district ; the treasurer of the special district board shall deliver to the treasurer of the township board all the books, papers, and money of the special dis- trict in his possession ; the township board shall complete all unfinished business pertaining to the special district ; &ny debt contracted by the special district board shall be paid out of the money transferred to the treasurer of the township board, as herein provided, and money arising from taxes levied by the special district board; and if such funds are insufficient therefor, the remainder shall be paid by a special tax upon the property of the sub-district so created. [72 V. 27, § 25.] OHIO SCHOOL LAWS. 27 Joint Sub-Districts. Ch. 5. CHAPTER 5. JOINT SUB-DISTRICTS. Section 3928. Township boards may establish by mutnal agreement. 3929. How the school governed and sup- ported. 3930. Further provisions for establish- ment. 3931. May be established on petition. 3932. What petition to contain. 3933. Clerks to give notice of filing, etc. 3934. When petition may be filed with probate judge. 3935. Secvirity for costs to be given. 3936. Time and place of meeting of com- missioners. 3937. Publication of notice. 3938. Commissioners to be appointed. 3939. Oath and duties of commissioners. Section 3940. Clerks to have present plats and papers. 3941. The report of the commissioners. 3942. The efiect of the report. 3943. Judgment for costs ; what fees al- lowed. Eeport and judgment for sub-dis- trict. How costs paid in such case. Petition for other purposes. 3947. Proceedings thereon. 3948. When such petition may be filed with probate judge. 3949. Election, duties, etc., of directors. 3950. Power to change joint sub-districts limited. 3944. 3945. 3946. Sec. 3928. When the better accommodation of scholars Township boards may es- makes it desirable to form a joint sub-district, composed of tuaUgreement. parts of two or more townships, the boards of education of the townships interested may, by mutual agreement, at a joint meeting held for the purpose, establish the same, and fix the boundaries thereof; if there is no suitable school- house within such boundaries, or if there is one, but it is not suitably located, the boards shall designate a site where- on to erect such building ; but if there is a suitable school- Sec. 3928. Mutual agreement implies consent of each board interested ; that is, it requires a majority of a quorum of each board to form a joint sub-district. Joint sub-districts can be established only by a transfer of territory. The teacber thereof must hold a certificate from the board of examiners of the county in which the school-house is situated^ 28 OHIO SCHOOL LAWS. Ch. 5. Joint Snb-Dietricts. How the school governed and supported. Further pro- visions for es- tablishment. "May be estab- lished on peti- tion. house within such boundaries, properly located, the school shall be held therein ; a chairman and secretary shall be chosen at such meeting, and the secretary shall make a memorandum of the proceedings had thereat; a copy of such memorandum, signed by the chairman and secretary, shall be transmitted to the clerk of each of the boards, who shall record the same in his record of proceedings of the board ; and the secretary shall transmit a like copy of the proceed- ings to the auditor of each county having territory embraced in the joint sub-district, [70 v. 195, § 34.] Sec. 3929. The school in a joint sub-district shall be under the control of the board of education of the township in which the school-house is situate, of which board the director who is clerk of the joint sub-district shall be a mem- ber; but such school shall be supported from the school funds of the townships having territory in the joint sub-district, in proportion to the enumeration of youth, as provided in sections thirty-nine hundred and sixty-one and thirty nine hun- dred and sixty-two. [75 v. 84, § 35.] Sec. 3930. Joint sub-districts maybe established also in the manner provided in succeeding sections of this chap- ter. Sec. 3931. Three or more qualified electors^ resident of the territory sought to be included therein, may apply, in writing, to the board of education of any township wherein any part of the territory is situate, for the creation thereof. [75 V. 120, § 1.] clerk's residence. Sec. 3929. The cierk of the joint sab-district may reside in either town- ship and he a member of the board of education of the township in which the school-house is located. If territory upon which are no youth of school age be attached to an- other township, such township can receive no school funds from the town- ship in which the territory is situated. There is at least one illustration of this case. OHIO SCHOOL LAWS. 29 Joint Sub-Districts. Ch. 5. Sec. 8932. The petition shall describe the territory what petition to contain. sought to be included in the joint sub-district, may set forth the reasons requiring the creation thereof, and shall be filed with the clerk of the board of education to which it is ad- dressed. [75 V. 120, § 2.] Sec. 3933. Upon the filing of such petition, such clerk cierkatogive notice of tiling, shall forthwith give notice thereof, in writing, to the mem- etc. bers of the boaid of which he is clerk, which notices shall name a suitable. and convenient place, and a day and hour, for the boards to meet ; he shall also transmit a like notice, forthwith, to the clerks of all other boards of education hav- ing jurisdiction over any of the territory sought to be af- fected I and such clerks, upon the receipt of such notice, shall in like manner give notice forthwith of the filing of such petition, and of the time and place of meeting, to each member of their respective boards. [75 v. 120, ^'6.] Sec. 3934. It shall be the duty of such boards to meet -^hen petition may be filed and consider the petition within thirty days from the time with probate judge. the same is filed, but if they do not do so within sixty days from such time, or, having met, fail to establish the joint sub-district, or determine not to establish it, three or more electors of the territory sought to be included therein may file a petition therefor with the probate judge of the county; and if the territory sought to be included therein is situate in two or more counties, the patition may oe filed with the probate judge of either county. [75 v. 120, § 4.] Sec. 3935. Tne petitioners shall also file with the pro- „ . , ■^ -^ Security for bate judge the undertaking of one or more of their number, ^ven. with security to the satisfaction of the judge, in the sum of Sec. 3934. Tiiere is no right of petitioning the probate judge unless the board of education has failed to establish, or decided not to establish, the sub- district sought for. 30 OHIO SCHOOL LAWS. Ch. 5. Joint Sub-Districts. Time and place of meetiijg of commissioners. Publication of notice. Commissioners to be appointed. Oatb and duties of commission- ers. one hundred dollars, conditioned that the jDetitioners will pay all the costs of a proceeding if a joint sub-district be not established thereby. [75 v. 120, § 5.] Sec. 3936- Upon the filing of such petition and under- taking, the judge shall fix a time, not more than sixty days thereafter, and a place, which shall be the school-house upon the territory, if there is one thereon, and if there is more than one school-house thereon, then the house last built, and if there is no school-house thereon, then some convenient place within the territory, for the meeting of the commis- sioners hereinafter directed to be appointed. [75 v. 120, § 6.] Sec 3937- The judge shall thereupon cause to be pub- lished, for four consecutive weeks, in two newspapers of opposite politics, printed and of general circulation in the county where the petition is filed, notice of the filing of such petition, and of the time and place of meeting of the com- missioners. [75 V. 120, § 7.] Sec 3938. The judge shall also;make an order appoint- ing three judicious, disinterested men of the county, and not residents of either of the townships to be a£fected, to be commissioners, and to act in the premises; if a person so appointed die, or fail from any cause to be present and to act, or if he give notice of his inability to serve, the judge shall forthwith, by order, appoint another in his stead, who may act as if he had been originally appointed y and the judge shall deliver a copy of the petition and his order to the comimissioners, and shall instruct them in the law ap- plicable to such proceedings. [75 v. 120, § 8.] Sec 3939. The commissioners shall take an oath to discharge faithfully the duties required by this chapter, ac- cording to the best of their knowledge and understanding, OHIO SCHOOL LAWS. 31 Joint Sub-Districts. Ch. 5. and shall meet at the time and place named in the published notice, may examine vf itnesses under oath, which may be administered by one of their own number, and consider and determine the question whether a joint sub district ought to be established. [75 v. 120, § 9.] Sec. 3940. The clerks of the several boards of education ciertstohave present plats interested shall be present at the meeting of the commis- *° papers, sioners, and have with them the plats of the several town- ships, with the lines of the several sub-districts marked thereon, and such other papers and documents as will serve to inform the commissioners, and give them a correct idea of the wants of the petitioners. [75 v. 120, § 10] Sec. 3941. The commissioners shall report, in writing, The report of the commission. to the probate judge — ^'^^" 1. Whether or not a joint sub-district ought to be estab- lished, and their reasons therefor. .;-■ 2. If they find in favor of the establishment of a joint sub-district, they shall give the lines and a plat thereof; they may also change the lines of the sub-district proposed in the petition, by including therein other territory, or ex- cluding territory included therein, or both; and if there is no suitable school-house within such boundaries, or, if there is one, but it is not suitably located, they shall designate a site whereon to erect such building. [75 v. 120, § 11.] Sec. 3942. The report of the commissioners, if against Theeffeotof the report. the establishment of a joint sub-district, shall be a bar to any proceeding to establish a joint sub district out of any of the territory described in the petition for three years ; and if the report be in favor of the establishaient of a joint sub- district, it shall be final, unless set aside by the probate court for fraud. [75 v. 120, § 12.] 32 OHIO SCHOOL LAWS. Ch. 5. Joint Sub-Districts. Judgment for costs; what fees allowed. Eeport and judgment for sub-district. How costs paid in such case. Petition for snch purposes. Sec. 3943. If the report be against the establishment of a joint sub-district, the judge shall render judgment against the petitioners for all the costs of the proceeding ; and the commissioners and the judge shall receive the same fees as are authorized to be charged for like services in proceedings to establish roads, and such other fees as are authorized by- law. [75 V. 120, § 13.] Sec 3944. If the report be in favor of the establish- ment ol a joint sub-district, the judge shall make an entry- confirming the same; and a certified copy of the report, including the plat and his order, shall be delivered to the clerk of the board of education of each township interested therein, and thereafter such joint sub-district shall be fully- established, and it shall be governed and controlled in the same manner as joint sub-districts otherwise established. [75 V. 120, § 14.] Sec 3945. In such case the judge shall tax the costs of the j)roceedings to the board of education of the several townships interested, in such proportion as he may deem just and equitable, and certify the same to the clerks of such boards; and the boards shall be liable therefor, and at the first regular or special meeting of each thereafter payment of the amount so taxed to it shall be ordered. [75 v. 120, § 15.] Sec 3946. A petition may, in like manner, be filed with the clerk of the board of education of any township, praying for the creation of an additional sub-district, or for changing the lines of sub-districts, or for the creation of a Secs. 3946 and 3948. Tliese sections do not seem to authorize the changing of boundary lines of city districts, by either the boards of edu- cation or the commissioners appointed by the probate judge. But see section 3d93. OHIO SCHOOL LAWS. Joint Sub-Districts. Ch. 5. special school district, or for changing the lines of special or village districts, and adjoining sub-districts ; but when a special or village district is interested in such proposed change, the petition may be filed either with the clerk of the township board, or the clerk of the board of education of such special or village district; and when any such lines have been so changed, they shall not be altered by any board, or boards of education until after the expiration of three years, except upon the written consent of two-thirds of the electors residing .within the territory affected by the change. [75 V. 120, § 16.] Sec. 3947. Such petition may be filed with the clerk Proceedings thereon. of the board of education of such special or village district, with the clerk of the board of education of the township, or, if the changes sought by the petition affect territory in more than one township, with the clerk of the board of education of either township ; and, upon the filing thereof, the mem- bers of the board or boards interested shall be notified, as provided in section thirty-nine hundred and thirty-three. [75 v. 120, §17.] Sec. 3948. It shall be the duty of such board or boards when such pe- tition may 1)6 to meet and consider the petition within thirty days from f ite ta^dge^^" the time the same is filed ; but on failure to do so within sixty days, from such time, or, if the board or boards meet, and fail to grant the prayer of the petitioners, a petition may be filed with the probate judge of the county, as provided in section thirty-nine hundred and thirty-four, and thereafter such proceedings may be had thereon, and they shall have the same effect, as is herein provided for the forma- tion of joint sub-districts. [75 v. 120, § 18.] 3 34 OHIO SCHOOL LAWS. Ch. 6. School Funds. Election, du- ties, etc., of directors. Power to chancje joint snt-Qismcts limited. Sec. 3949. Directors of joint sub-districts shall be elected at the same time, in the same manner, and for the same term, as directors of other sub-districts, and shall or- ganize at the same time, and in the same manner, have the same powers, perform like duties, and be subject to the same penalties; but in such sub-districts hereafter established, the first election shall be held within twenty days after such establishment, at least five days' previous notice of which, stating the time and place of meeting, and signed by at least three electors of the sub-district, shall be posted in three of the most public places in the sub-district ; and at such meet- ing a chairman and clerk shall be chosen, and there shall]be elected three directors, one to serve until the third Monday of April next succeeding his eiection, and one to serve for one year and one for two years from said third ^Mon- day, and until the election and qualification of their success- ors. [70 V. 195, § 34; 75 v. 120, § 19.] Sec. 3950. No joint sub-district which is now organ- ized, or may hereafter be organized, shall be dissolved, changed, or altered, unless by the concurrent action of^the boards of education of the several townships having territory included therein. [72 v. 63, § 36.] CHAPTER 6. SCHOOL FUNDS. Section 3951. The " state common school fund." 3952. Interest upon proceeds of salt and swamp lands. 3953. The "common school fand." 3954. Accounts of common school fund — how kept, etc. 3955. Bequests, etc., in trust for common school fund. Section 3956. Apportionment of school funds by- auditor of state. 3957. To what county common school fund paid when county line, divides original surveyed town- ship, 3958. Estimate and levy for contingent fund. OHIO SCHOOL LAWS. 3S School Funds. Ch/6 School funds — Continued, Section 3959. Limitation as to levy for contin- gent fund. 3960. Estimate to be certified to connty auditor. 3961. Contingent fund for joint sub-dis- trict. 3963. Same when county line divides such sub-district. 3963. Ponds of district composed of terri- tory in more than one county. 3964. Apportionment of school funds by county auditor. 3965. Distribution of money after appor- tionment. Section 3966. Apportionment of common school fund by county auditor when county line divides original sur- veyed township. 3967. Apportionment of contingent fund by boards of education. 3968. How contingent fund to be applied in Toledo. 3969. County commissiorers to levy con- tingent fund when board neg- lects. 3970. County auditor to collect fines, etc., and inspect section sixteen ac- counts. Section 3951. For the purpose of aflordina; the advan- Th6"stat«com^ ° mon school tages of a free education to all the youth of the state, there ^^^'" shall be levied, annually, a tax upon the grand list of tax- able property of the state, which shall be collected in the same manner as other state taxes are collected, and the pro- ceeds of which shall constitute the "state common school fund;" the rate of such levy shall be designated by the gen- eral assembly at least once in two years ; and if the general assembly fail to designate the rate for any year, the same shall be one mill upon each dollar of valuation of such tax- able property. [70 v. 195, § 126.] . " Sec 3952. The state shall pay interest annually, at the ^SsT^ait - . and swamp rate of six per cent, per annum, upon all money which has lands. been paid into the state treasury on account of sales of lands commonly called " salt lands," and upon all money hereto- fore paid, or which may hereafter be paid into the state treasury on account of sales of swamp lands granted to the state of Ohio by act of congress; the money received from such sales shall constitute an irreducible debt of the state; and the interest shall be apportioned annually on the same basis as the state common school fund is apportioned, and 36 OHIO SCHOOL LAWS. Ch. 6. School Funds. The "common school fand." Accounts of common eeliool fond— how kept, etc. Bequests, etc.,1 in trust for com- mon school fund. distributed to the several counties as provided in section thirty-nine hundred and fifty-six. [70 v. 195, § 132; 49 v. 40, Sec. 3953, The money which has been and may here- after be paid into the state treasury on account of sales of lands granted by congress for the support of public schools in any original surveyed township, or other district of coun- try, shall constitute the " common school fund," of which the auditor of state shall be superintendent, and the income of which shall be applied exclusively to the support of com- mon schools, in the manner designated in this chapter. [70 V. 195, §§ 127, 128.] Sec. 3954, The common school fund shall constitute an irreducible debt of the state, on which the state shall pay in- terest annually, at the rate of six per cent, per annum, to be computed for the calendar year, and the first computation on any payment of principal hereafter made to be from the time of payment to and including the thirty-first day of De- cember next succeeding ; and the auditor of state shall keep an account of the fund, and of the interest which accrues thereon, in a book or books to be provided for the purpose, with each original surveyed township and other district of country to which any part of the fund belongs, crediting each with its share of the fund, and showing the amount of interest thereon which accrues and the amount which is dis- bursed annually to each. [70 v. 195, §§ 128, 129.] Sec. 3955. When any grant or devise of land, or any donation or bequest of money or other personal property, is made to the state of Ohio, or to any person, or otherwise, in trust for the common school fund, the same shall become vested in said fund ; and when the money arising therefrom OHIO SCHOOL LAWS. 37 School Funds. Ch. 6. -is paid into the state treasury, proper accounts thereof shall be kept by the auditor of state, and the interest accruing therefrom shall be applied according to the intent of the grantor, donor, or devisor. [70 v. 195, § 131.] Sec. 3956. The auditor of state shall apportion the ^Thooi ta^S by auditor of state common school fund to the several counties of the state state. semi-annually, upon the basis of the enumeration of youth therein, as shown by the latest abstract of enumeration transmitted to him by the state commissioner of common schools'; before making his February settlement with county treasurers, he shall apportion such amount thereof as he shall estimate to have been collected up to that time, and, in the settlement sheet which he iran?mits to the auditor of each county, shall certify the mount payable to the treasurer of his county; before mi king his final settlement with county treasurers each year, ht-' shall apportion the re- mainder of the whole fund collect* d, as nearly as the same can be ascertained, and in the Augui-t settlement sheet which he transmits to the Auditor of each county, shall certify the amount payable to the treasurer of his county ; in each Feb- ruary settlement sheet he shall also enter the amount of money payable to the county treasurer on the apportion- ment of interest specified in section thirty-nine hundred and fifiy-iwo ; he shall also enter, in each February settlement sheet the amount of money payable to the county treasurer on account of interest for the preceding year on the common school fund, and designate the source or sources from which the interest accrued ; he shall transmit with each February settlement sheet a certified statement, showing the amount of interest derived from the common school fund payable to each original surveyed township or other district of countrj?- OHIO SCHOOL LAWS. Gh. 6. School Fands. within the county ; and the treasurer of each county shall, at each semi-annual settlement with the auditor of state, retain in the county treasury, from the state taxes collected by him, the amount of the funds herein mentioned shown by the settlement sheet of the auditor of state to be payable to him at that time ; but if such amount for any county ex- ceeds the amount of state taxes collected therein, the auditor of state shall draw an order on the treasurer of state, in favor of the treasurer of such county, for the balance of school funds due his county, and transmit the same to such county treasurer, and the treasurer of state shall pay such order upon its presentation to him. [70 v. 195, §§ 120, 130.] Towhatconnty Sec. 3957- If parts of an oriffinal surveyed township common school o ./ x oonntyiinrdi-^ or fractional township are situate in two or more counties, Tides original snrveyed to-wn- the amount of Interest on common school fund due to such ship. township shall be paid in the manner provided in the last section, to the treasurer of the county wherein the greatest relative portion of such township is situate ; but if it be un- APPORTIONMENT OF SCHOOL FUNDS. Sec. 3956. The common school fund arising from the State tax, and rents or sale of school lands, are apportioned among the school districts of the State, on the basis of the ennmeration of youth of school age. Hence it is essential that this enumeration should be taken accurately. By section 4038 any district failing to take and return its enumeration forfeits its share of such funds. By section 4037 the county auditor is authorized to employ a proper person to take the enumeration in any district whenever the same is not taken as required by law, and section 4038 makes the clerk liable for all damage or loss accruiog to any school district by his neglect to cause such enumeration to be taken and returned to the county auditor. The Auditor of State apportions these funds to the several counties, and certifies the same to the county auditors, and they apportion them to the school districts in the county, giving the clerks and treasurers of school districts a copy of such apportionment, and giving orders on the county treasurer for the amounts so apportioned, and taking their receipt therefor. All fines, etc., collected and paid into the county treasury should be disbursed to the proper school districts in the same manner. By Revised Statutes of Ohio, Title 1, Chapter 13, Section 358, the State Commissioner is required to exercise such supervision over the educa- tional funds of the State as may be necessary to secure their safety and right application and distribution according to law. OHIO SCHOOL LAW3, 39 School Funds. Ch. 6. certain in which county such portion is situate, the amount of interest due to such township shall be paid to the treas- urer of the oldest county in which any part of the township is situate. [70, v. 195, § 130.] Sec. 3958. Each board of education shall, annually, at Estimate and levy for contia* a regular or special meeting to be held between the third gent fund. Monday in April and the first Monday in June, determine by estimate, as nearly as practicable, the entire amount of money necessary to be levied as a contingent fund, for the continuance of the school or schools of the district after the state funds are exhausted, to purchase sites for school-houses, to erect, purchase, 'Jease, repair, and furnish school -houses, and build additions thereto, and for other school expenses. [75 V. 526, §56; 75 v. lOl, § 4.] Sec. 3959. Such estimate and levy shall not exceed in liimitation as •^ to levy for con- the city of Cincinnati three and' one-fourth mills, but the ^^^^ board of education in said city may levy one mill additional for every five thousand pupils over_^and above twenty-five thousand enrolled in the public schools of said city, which levy, however, shall in no case exceed five mills; in the city of Cleveland, four and one-half mills, and in all other dis- tricts seven mills on each dollar of valuation of taxable property. [61 v. 63, § 2; 63 v. 15, § 1; 75 v. 101, § 4; 75 v. 526, §56.J Sec. 3960. The amount so estimated the board shall Estimatetobe certified to certify, in writing, on or before the first Monday in June in *"'^'^*y ^" °'^« each year, to the auditor of the county to which the district SCHOOL FUNDS. Sec. 3958. Contingent funds and State funds constitute all the funds under control of a board of education. State funds must be devoted to the payment of teachers, as the local tax is for the entire amount necessary to be levied as a contingent fund. 40 OHIO SCHOOL LAWS. Cli. 6. School Funds. belongs, who shall assess the entire amount upon all the -taxable property of the district, and enter it upon the tax list of the county, and the county treasurer shall collect the same, at the same time and in the same manner as state ■ and county taxes are collected, and pay it to the treasurer of the district, upon the warrant of the county auditor; and unless he is paid a fixed salary, he shall receive one per centum on all money so collected, and no more. [70 v. 195, §§57,58.] I ContiBgeBt Sec. 3961. For a joint sub-district, the estimate re- fond for joint sub-aistnct. quired by section eight shall be made by the board of edu- cation having control of the school thereof, and apportioned to the several townships having territory therein in propor- tion to the enumeration of youth in the territory belonging to each; the board shall certify such estimate, so apportioned, to the county auditor, who shall add the portion for each township to the estimate for a contingent fund certified to him by its board of education, and place it on the tax list therewith for collection as part of the township estimate ; when the county auditor apportions the school funds he shall transfer to the township having control of the school, from the other townships, the amount so assessed and col- lected, and certify to the clerk and treasurer of each town- ship the amount due the joint sub district, including state tax, interest on the common school fund, contingent fund, and money received from other sources, which amount shall be paid to the treasurer of the board having control of the BLTXDING FUNDS. Sec. 3960. The board mnst also certify any additional amount for building or other purposes which may have been voted at a special meet- ing ot electors, and so required to be certified in Sec. 3992. The board must certify the amount of money, not rates of levy. OHIO SCHOOL LAWS. 41 School Funds. Ch. 6. school ; and such board shall cause to be kept such accounts as will show the funds received from each township, and the disposition thereof, and transmit to the other board or boards interested, at the end of the school year, a statement of such receipts and expenditures. [75 v. 84, § 35.J Sec. 3962. When a joint sub-district is composed of same when county line fractions of two or more counties, such estimate shall be ap- divides suoh ■^ sub-Qistrict. portioned to townships, as provided in the preceding section, and the amount apportioned to the township or townships belonging to each county shall be certified by the board to the auditor thereof, whose duties in the premises shall be the same as prescibed for the auditor in the preceding sec- tion, so far as the provisions thereof are applicable ; and the board shall keep accounts, and report receipts and expendi- tures, as provided in said section. [72 v. 63, § 36.] Sec. 3963. The funds belonging to a district composed ^unds of dis- . Till tricts in more 01 territory in more than one county shall be paid by the than one treasurer of the other counties to the treasurer of the county in which the school-house of the district is situate ; the auditors of the other counties shall make settlement on account of such funds with the auditor of the county in which such school-house is situate ; and the treasurer of the district shall make the settlement required by section thirty- nine hundred and sixty-six with such auditor. Sec. 3964. Each county auditor shall, annually, imme- Apportion- ment of school diately after his annual settlement with the county treas- audito^'^'^"'^'^*"^ XHYQT, apportion the school funds for his county ; the state common school fund shall be apportioned, in proportion to the enumeration of youth, to districts, sub-districts, and joint sub-districts, and fractions of districts and joint sub- districts, within the county; but if an enumeration of the 42 OHIO SCHOOL LAWS. Ch. 6. School Funds. youth of any district, for any year, has not been taken and returned, such district shall not be entitled to receive any portion of said fund ; the contingent funds collected from the several districts shall be paid to the districts to which they respectively belong ; money received from the state on account of interest on the common school fund shall be ap- portioned to the school districts and parts of school districts within the territory designated by the auditor of state as entitled thereto, in proportion to the enumeration of youth therein ; and all other money in the county treasury for the support of common schools, and not otherwise appropriated by law, including one-half the amount received for show licenses, shall be apportioned annually in the same manner as the state common school fund. [70 v. 195, § 120 ; S. & C. 64, § 2 ; S. & C. 1406, § 3.] Distribution of Sec. 3965. The auditor shall, immediately after such money after apportionment, apportionment is made, enter the same in a book to be kept for that purpose, and furnish a certified copy of the appor- tionment to each school treasurer and clerk in his county; and he shall give to each of such treasurers an order on the county treasurer for the amount of money payable to him, and take his receipt therefor. [70 v. 195, § 120.] Sec. 3966. When an original surveyed township or Apportionment sciSoTSnd by fractional township is situate in two or more counties, and county auditor jfiiencounty the land granted thereto by congress for the support of pub- v^^1:o^^-" lie schools has been sold, the auditor of the county to whose ship. treasurer the interest on the proceeds of such sale is paid shall apportion such interest to the counties in which such township is situate, in proportion to the j'-outh of the town- ship enumerated in each ; such auditor shall certify to the auditor of each of the other counties the amount so ascer- OHIO SCHOOL LAWS. 43 School Funds. Ch. 6. tained to belong to the part of the township situate in his county, and transmit to the treasurer of each of such coun- ties an order on the treasurer of his own county for such amount ; and the auditor of each county shall apportion the amount of such interest belonging to the part of the town- ship in his county, to the districts or parts of districts en- titled thereto, in proportion to the enumeration of youth therein, and certify and pay the same to the proper school officers, as provided in the preceding section. [70 v. 195, §§ 121, 122; 72 V. 63, § 36.] Sec. 3967- So much of the contingent fund as may be ^^J'o^ti^'^™^* set apart by a township board for the continuance of schools of education, after the state funds are exhausted, shall be so apportioned by the board that the schools in all the sub-districts of the township shall be continued the same length of time each year; and if the apportionment be not satisfactory to the directors of any sub-district, or a majority of them, they may DISBURSEMENT OF CONTINGENT FUND. Sec. 3967. The custom which has prevailed in some township districts of dividing the contingent fund and placing it in the hands of directors, is not legal. All school funds should be retained in the custody of the township treasurer until drawn out for the payment ot espenses legally incurred. It is advisable for each board to require directors to report for payment all contracts made under the provisions of this section to the boar.d at their next meeting after the making of such contracts. Inasmuch as the larger sub-districts receive more of the State funds than the smaller sub-districts, the latter ought to receive proportionally more of the township tuition fund than the former. If, however, the larger sub-districts contain two or more schools, or actually require more tuition money than the smaller to sustain their schools an equal length of time, they are entitled to more. The larger sub-districts may, in some instances, be obliged to pay higher wages than the smaller. The intention of the law is to require boards of education to provide the necessary funds, all the circumstances being duly considered, for continuing the schools of the several sub-dis- tricts an equal length of time. In case the township tuition fund is distributed by the board illegally, complaint should be made to the county commissioners under this sec- tion. Building Committees. — In township districts, directors are the legal building committees, but they can take the necessary steps for building or repairing only under the instruction and by the authority of the board of education. 44 OHIO SCHOOL LAWS. Ch. 6. School Funds. give notice thereof, in writing, to the county commissioners, who, at their first regular meeting for the transaction of business after the receipt of such notice, shall revise the ap- portionment, and the amount aforesaid shall be apportioned in the manner determined by the commissioners. [70 v» 195, § 60.] Howcontingent Sec. 3968- In the city of Toledo, at each annual settle- fund to be ap plied m Toledo, j^g^^ Qf ^^q treasurer of the board of education with the- county auditor, there shall be placed to the credit of a sink- ing fund so much of the proceeds of the levy for contingent fund as would be produced by a levy of two mills, and the treasurer shall apply the same in payment of school bonds^ and interest thereon, and to no other purpose. [75 v. 526,. §56.] Sec. 3969. If the board of education of any district fail in any year to estimate and certify the levy for a con- tingent fund, as required by this chapter or to provide suffi- cient school privilege for all the youth of school age in the district, or to provide for the continuance of any school in the district for at least six months in the year, or to provide for each school an equitable share of school advantages as re- quired by this title, or to provide suitable school-houses for all the schools under its control, the commissioners of the county to which such district belongs, upon being advised and satisfied thereof, shall do and perform any or all of said duties and acts, in as full a manner as the board of educatioa is by this title authorized to do and perform the same ; and the members of a board who cause such failure shall be each severally liable, in a penalty not exceeding fifty nor less than County commis- sioners to levy contingent fund when board neglects. Sec. 3969. By tliis section the county commissioners are authorized to do whatever the board of education has not done, in order to furnish op- portunities for six months' tuition to all the school youth of the district. OHIO SCHOOL LAWS. 45 Provisions applying to all Boards. Ch. 7. twenty-five dollars, to be recovered in a civil action in the name of the state, upon complaint of any elector of the dis- trict, which sum shall be collected by the prosecuting attor- ney 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. [72 v. 59, § 59.] Sec. 3970. The auditor of each countv shall collect, or county auditor to collect fljies, cause to be collected, all fines and other money for the sup- seotioSiixteen* accounts. port of common schools in his county, and pay the same to the county treasurer ; he shall inspect all accounts of inter- est accruing on account of section sixteen or other school lands, whether the same is payable by the state or by the debtors ; and he shall take all proper measures to secure to each school district in his county the fall amount of school funds to which it is entitled. [70 v. 195, § 120.] CHAPTER 7. PROVISIONS APPLYING TO ALL BOARDS. SEcraoN 3971. Powers of boards of education. What property the boards have title to. School property exempt from tax- ation. Conveyances and contracts. Boards may accept beguests. 3976. Process against boards, and how served. 3977. Duties of prosecuting attorney and city solicitor. 3978. Tie votes to be decided by lot. 3972. 3973. 3974. 3975. Section 3979. Oath of members and other offlcers- 3980. Organization of board. 3981. Vacancies in board, and how filled. 3982. Qaorum; yeas and nays to be taken in certain cases. 3983. Absence of president or clerk. 3984. Eecord of proceedings, and attesta- tion thereof. 3985. Boards to make rules ; illegal meet- ings. 3986. Board may make and enforce rules for vaccination. The boards of education of all school Powers of boards of edu- districts now organized and established, and of all school dis- cation. Section 3971. istricts now orgai tricts organized under the provisions of this title, shall be. 46 OHIO SCHOOL LAWS. Ch. 7. Provisions applying to all Boards. and they are hereby declared to be bodies politic and corpo- rate, and as such capable of suing and being sued, contract- ing and being contracted with, acquiring, holding, possess- ing, and disposing of property, both real and personal, and taking and holding in trust, for the use and benefit of such districts, any grant or devise of land, and any donation or bequest of money or other personal property, and of exer- cising such other powers, and having such other privileges, as are conferred by this title ; but when a board of education decides to dispose of any property, real or personal, held by it in its corporate capacity, exceeding in value three hun- dred dollars, it shall sell the same at public auction, after giving at least thirty days' notice thereof, by publication in some newspaper of general circulation, or by posting notices in five of the most public places in the district to which such property belongs. [70 v. 195, § 37.] What property Sec. 3972. All property, real or personal, which has the boards have title to. heretofore vested in and is now held by any board of educa- tion, or the council of any municipal corporation, for the use of public or common schools in any district, is hereby vested in the board of education provided for in this title, having under this title jurisdiction and control of the schools in such district. [70 v. 195, § 39.] Sec. 3971. A board of education is not liable in its corporate capa- city, for damages for an injury resulting to a pupil -while attending a common school, from its negligence in the discharge of its official duty in the erection and maintenance of a common school building under its charge, in the absence of a statute creating a liability. Finch v. Board of Education, 30 O. S., 37. Sec. 3972. Under the act of May 1, 1873 (70 v. 195), the corporate boards of education therein provided for succeed to all existing rights of action in relation to the common school property and funds which were theretofore vested, by previous legislation, in other agencies to whose control such property and funds had been confided. Crojton v. Board of Education, 26 O. S., 571. OHIO SCHOOL LAWS. 47 Provisions applying to all Boards. Ch. 7. Sec. 3973. All property, real or personal, vested in any fxem Vfrom^^ board of education, shall be exempt from tax, and from sale on execution, or other writ or order in the nature of an exe- cution. [70 V. 195, § 72.] Sec. 3974. All conveyances made by a board of educa- Conveyances *' -^ and contracts. tion shall be executed by the president and clerk thereof; no member of a board shall have any pecuniary interest, either direct or indirect, in any contract of the board, or be employed in any manner for compensation by the board of which he is a member, except as clerk or treasurer ; and no contract shall be binding upon any board unless it be made or authorized to be made at a regular or special meeting of the board. [70 v. 195, §§ 31, 38.] Sec. 3975. All boards of education may, by the adop- Boards may ac- cept bequests. tion of a resolution, accept any bequest made to them by will, upon the conditions and stipulations contained in the will, and for the purpose of enabling such boards to carry out the conditions and limitations upon which the bequest PROTECTION OF SCHOOL PROPERTY AN© SCHOOLS. Sec. 11. Whoever willfally interrupts or disturbs any assembly of persons met for a lawful purpose, or any person while he is at or about the place where such assembly is to be held, or is or has been held, shall be fined not more than fifty dollars, or imprisoned not more than ten days, or both. [73 v. 224, ^ 1; 61 v. 98, H, S. & S., 288; 70 v. 216, § 74.] Penal Code, Chap. 5, Sec. 11. Sec. 39. Whoever maliciously injures or defaces any church edifice, school-house, dwelling-house, or other building, its fixtures, books or ap- purtenances, or commits any nuisance therein, or purposely and mali- ciously commits any trespass upon the inclosed grounds attached thereto, or any fixtures placed thereon, or any inclosure or sidewalk about the same, shall be fined in any sum not more than one hundred dollars. [63 V. 175, H, S. & S., 280, § 51 ; 70 v. 216, § 73.] Penal Code, Chap. 4, Sec. 39. Sec. 3974. This section forbids financial dealing between the board and any of its members, except the payment for services of clerk and treasurer. Neither a member of the board nor a director can be employed as teacher in his own district or sub-district. Section 42 of the Penal Code recites that, "A member of a board of education organized under any law of this state, who accepts or receives any compensation for his services as such member, except as clerk or treasurer of said board, shall be deemed guilty of embezzlement of the amount so received, and punished accordingly." 48 OHIO SCHOOL LAWS. Ch. 7. Provisions applying to all Boards. Process against boards, and how served. Duties of prose- cuting attor- ney and city solicitor. Tie votes to be decided by lot. is made, they are authorized to make all rules and regula- tions that may be required to fully carry into effect the pro- visions of the will in relation to the bequest. [73 v. 205, § 2.] Sec. 3976, The process in all suits against a board of education shall be by summons, and shall be served by leav- ing a copy thereof with the clerk or president of the board. [70 V. 195, § 68.] Sec. 3977. The prosecuting attorney of the proper county, or, in case of a city district, the city solicitor, shall prosecute all actions which by this title may be brought against any member or officer of a school board in his indi- vidual capacity, and shall act, in his official capacity, as the legal counsel of such boards or officers in all civil actions brought by or against them in their corporate or official capacity ; but no prosecuting attorney or city solicitor shall be a member of the board of education. [70 v. 195, § 69.] Sec. 3978. In all cases of tie votes, at any election for members "of a board of education, or of directors of a sub- district, the judges of election shall decide the election by lot ; and in other cases of failure to elect members of the board, or in case of a refusal to serve, the board shall ap- point. [70 V. 195, § 43.] Sec. 3976. In all suits against members of boards of education or di- rectors in their individual capacity, judgments and costs must be paid by the parties themselves, and not by the board of education out of the school funds. The appropriation of school money for such purposes would be a mis- appropriation of such funds, and should be punished as provided in Chap- ter 4, Section 11, of the Criminal Code. TITLE TO OrFICE. Sec. 3978. A quo-tcarranto is the proper writ to try the question ot title to an office. The director claiming his office by color of an election or appointment, is an officer de facto, and his acts in relation to the public, or third per- sons, are valid until he is removed. The same may be said of members of boards of education. School officers may be restrained from doing an illegal act by writ of INJUNCTION. Mandamus is the process for compelling the performance of official duty on the part of one who has sworn to make such performance. OHI® SCHOOL LAWS. 4B Provisions applying to all Boards. Ch. 7. Sec. 3979. Each person elected or appointed a member S?andSr officers. of a board of education, or elected or appointed to any other office under this title, shall, before entering upon the duties of his office, take an oath or affirmation to support the con- stitution of the United States and the constitution of the state of Ohio, and that he will perform faithfully the duties of his office ; which oath or affirmation may be administered by the clerk or any member of the board. [71 v. 15, § 42 ] Sec. 3980, Each board of education shall organize by J^^^^*^°^ °^ choosing one of its members president, and, except township boards, by choosing also a clerk, who may or may not be a member of the board ; if, at the organization of a township board, the township clerk is absent, the board shall appoint one of its members clerk pro tempore ; and such organiza- tion shall be effected on the third Monday of April each year, except as otherwise provided in section thirty-nine hun- dred and fourteen. [70 v. 195, § 29; 70 v. 241, § 44.] Sec. 398 1 . Vacancies in -any board of education, except of vacancies in "^ ^ board^ and a township district, arising from death, non-residence, resig- °^ nation, expulsion for gross neglect of duty, failure of a per- son elected or appointed to qualify within ten days after the annual organization or after his appointment, or from other cause, which occur more than fifteen days before the next annual election, the board shall fill without de-lay, until the next annual election, when a successor shall be elected to Seg, 3980. The mode of electing officers of the board is stated in sec- tion 3982. VACANCIES IN BOAEDS OF EDUCATION. Sec. 3981. TheleaTingofadistrict temporarily by a member of aboard of education is not equivalent to a resignation ; nor has the board power to declare the place vacant in such case of temporary absence. Any i?psolution of a board declaring what shall constitute a forfeiture of membership has no validity, such [ower not being conferred upon boards of education. m OHIO SCHOOL LAWS. Ch. 7. Provisions applying to all Boards. Qnonim; yeas and nays to be iaken in c«i'- -iaia cases. fill the unexpired term; any vacancy which occurs in a township board, from any of the causes aforesaid, shall be filled by the election of a clerk by the directors of the proper sub district ; and a clerk of a sub district who is guilty of gross neglect of duty shall cease to hold his office, and a new election shall be held by the directors to fill such office. [70 V. 195, §43.] Sec. 3982. A majority of the board of education shall constitute a quorum for the transaction of business; upon a motion to adopt a resolution authorizing the purchase or sale of property, either real or personal, or to employ a superintendent, teacher, janitor, or other employe, or to elect or appoint an officer, or to pay any debt or claim, or to adopt MODES OF VOTING Sec. 398i. In other matters of business noc herein specified, snch roll- call is not required, unless demanded by a member of the board, and a majority of a, quornm is snfficient to carry a lueasnre. In the cases stated, if only a majosity of the v ting members are presenn the vote must be unanimous. An agreemj-nt by members of a township board of education, acting in their individual capacity, to purchase from another person apparatus for the schools of the township, and to ratify «ach contract of purchase at the next meeting of the board, is contrary to public policy, and, there- fore, illegal and void, and not enforceable, either against the board or the members thereof as iudividurtls. McCortle v. Bates, 29 O. S., 419. A board of education is a body corporate, and the contracting of a debt by the board, and the directiug the issuance of an order to pay it, are corporare acts which can not be performed by the individual members of the board separately; and, therefore, a contract which was signed by the members of the board separately, and delivered to the clerks, and which was afterward, at a sulisequent meeting, repudiated by the board, ■was he'd not be binding upon either party. State v. Liberty Tp., 22 O. S. 144. The order of the clerk ou the treasurer is not negotiable, and the writ- ten acceptance of an order by a treasurer who has gone out of office im- poses no greater obligation on the treasurer to pay than if it had been presented without such indorsement. lb. Transaction of business. — All business of the board of education must be transacted at a meeting attended by a majority of the members A writ- ten agreement to purchase maps, apparatus, etc., or to vote for such pur- chase at the next meeting, signed by a ujajority or all of the individual members of the board, but not at a meeting, has no legal validity as an act of the board of education, and the township clerk has no authority to draw an order upon the treasurer for the payment of any sum required to fulfil] such illegal contract. Such a transaction is not an act of the board any more nearly than an agreement of the members of the general assembly at their homeB to sup- port some proposed measure is a law of the state. Meetings of board. — The members of Ihe board are bound to know the OHIO SCHOOL LAWS. 61 Provisions applying to all Boards. Ch. 7. any text-book, the clerk of the board shall call, publicly, the roll of all the members composing the board, and enter on the record required to be kept the names of those voting " aye," and the names of those voting "no;" if a majority of all the members of the board vote "aye," the president shall declare the motion carried; and upon any motion or resolu- tion any member of the board may demand the yeas and and nays, and thereupon the clerk shall call the roll, and record the names of those voting "aye" and those voting "no." [71 V. 15, § 42.] Sec. 3983. If at any meeting of the board either the Absence of . 1 11 president or president or clerk is absent, the members present shall clerk. choose one of their number to serve in his place pro tempore ; and if both are absent, both places shall be so filled; but on the appearance of either at the meeting, after his place has been so filled, he shall immediately assume the duties of his office. [70 V. 195, § 31.] Sec. 3984. The clerk of the board shall record the pro- secord of pro- ceedings an " ceedings of each meeting, in a book to be provided by the f^^^^/'°'' board for that purpose, which shall be a public record ; the record of proceedings at each meeting of the board shall be time and place of the two regular meetings provided for by law, without notice. No notice of an adjourned meeting is required to be given, except to members who were absent from the regular or prior meeting. But at a special meeting no act can be done unless all the members have had reasonable notice of the time (and of the place also, if it be an unusual one) of the meeting. The statute makes no exposition of what shall constitute a contract between a teacher and his employers, and the manner of employment is not settled by custom. Usually a resolution moving the employing of a certain superintendent or teacher, and receiving the votes of a majority of all the members of the board is regarded as a contract between the parties. This bare act would surely not so be interpreted by the courts. When based upon the application of the teacher, and followed by notice from the clerk acting under instructions, the salary attached to the position being a matter of common knowledge, or stated in both application and resolution, it would, without much doubt, be a contract. However, a written agreement signed by the proper parties is more def- inite and satisfactory. thereof. S2 OHIO SCHOOL LAWS. Ch. 7. Provisions applying to all Boards. Board to make rules and regu- lations; illegal meetings. Board of edu- cation to make and enforce lules for vacci- nation. read at its next meeting, corrected if necessary, and ap- proved, and the approval shall be noted in the proceedings; and after such approval the president shall sign the record, and the clerk shall attest the same. [70 v. 195, § 29 ; 71 v. 15, § 42.] Sec. 3985. The board of each district shall make such rules and regulations as it may deem expedient and neces- sary for its government, and the government of its ap- pointees and the pupils ; and no meeting of a board of ed- ucation not provided for by its rules, or by law, shall be legal unless all the members thereof have been notified as pro- vided for in section thirty nine hundred and twenty. [70 v. 195, § 54.] Sec. 3886. The board of each district may make and en- force such rules and regulations to secure the vaccination of, and to prevent the spread of small-pox among, the pupils at- tending or eligible to attend the schools of the district, as in 'Ae opinion the safety and interest of the public require ; and the boards of health and councils of municipal corpora- tions, and the trustees of townships, shall, on application of the board of education of the district, provide at the public expense, without delay, the means of vaccination to such pupils as are not provided therewith by their parents or guardians. [69 v. 22, § 1.] OHIO SCHOOL LAWS. 53 School-houses and Libraries. Ch. 8. CHAPTER 8. SCHOOL-HOUSES AND LIBRARIES. Skction 3987. 3989. 3990. 3992. 3993. 3994. Boards to provide school-houses. Directions for bidding and for letting contracts. Erection of school-houses in joint sub-districts!. "When board may appropriate property. When and how question of tax levy submitted to voters. If levy approved, board to certify it to auditor. How .the levy may be anticipated. Issue of bonds by boards of city districts of first class. Certain boards may appropriate money for library, etc. Levy for library in cities. Section 3997. How library tax to be expended. Board may appoint libcarian, etc. In certain cities may appoint man- agers of library. Board of Cleveland to appoint li- brary committee. 4001. Powers and duties of such commit- tee. How library tax to be expended. Consolidation of libraries in Ports- mouth authorized. Board of Portsmouth to appoint li- brary committee. 4005. Powers and duties of such commit- tee. 4006. How such library maintained and managed. 3998. 3999. 4000. 4002. 4003. 4004. SCHOOL-HOUSES. Section 39*87. The board of education of any district is empowered to build, enlarge, repair, and furnish the nee- Boards to pro vide sohool- essary school-houses, purchase or lease sites therefor, or rent ^°^^^^- CUSTODY OF SCHOOL-HOUSES. Sec. 3987. Schcol-honses, school-house sites, and other school property do not belong to the sub-districts in which they are located, but are the property of the township ; and the township board of education, in their corporate capacity, have full power, within the limitations of the law, to control the same in such manner as they may think will best subserve the interests of education. Directors have also a supervisory care of the school-house and other school property in their sub district, but their authority is subordinate to that of the township board, and must always be exercised in obedience to their directions. Use of school houses. — It is the duty of the township board of education to exercise such supervision over the school-houses in the several sub- districts, as may be necessary to prevent their being used in such a man- ner and for such purposes as may interfere with their use for the legitimate and special purposes for which they were erected. But, when their use for school purposes is not interfered with, and the furniture, apparatus, books, and other property belonging to the school or the pupils are not destroyed or injured, the board may permit their application to any ob- ject of social or moral improvement which the directors or the inhabitants may sanction and desire. Inhabitants of a school district have no right to use the school-house for religious meetings and Sunday-schools against the objection of any tax-payer of the district, even though the district may have voted to* allow such use, and an injunction will be granted against such use, on the application of such tax-payer. [27 Conn., 499.] The Supreme Court of Massachusetts held, in case of George vs. School 54 OHIO SCHOOL LAWS. Ch. 8. .School-houses and Libraries. suitable school rooms, and make all other necessary provis- ions for the schools under its control ; directors of sub-dis- tricts shall, under such rules and regulations as the township board of education may prescribe, provide fuel for schools, build, enlarge, repair, and furnish school-houses, purchase or lease sites therefor, rent school-houses, and make all other provisions necessary for the convenience and prosperity of the schools within their sub-districts ; and the township board shall be held responsible, in its corporate capacity, for all contracts made by such directors, when they are made District Mendon (6 Metcalf, 510), as follows: "If, under color of this corporate power of a school district, the inhabitants should vote to erect an expensive and ornamental building, with a view to improve the neigh- borhood, to enhance the value of real estate, to accommodate societies, lecturers, dramatic exhibitions, or even to have a convenient place for religious meetings or public worship, or for any other use than that of a district town school, it would not be within the legitimate authority of a school district, and any vote to levy a tax on the inhabitants for such a purpose would be void." Where a township board has resolved to sell the old site of a sub- district school house, and has purchased a new site, and, notifying the local directors of the sub-district of their action in the premises, instructed them to sell the former, and to build a new school-honse on the latter, and the local directors, disregarding such instructions, proceed to build anew school -house on the old site, and keep up a school therein — Held: That the local directors are guilty of such insubordination and neglect as to justify the township board in exercising the powers and duties which would otherwise devolve on the local directors, and in building a school- house on the new site, and employing a teacher therein; and such teacher is entitled to be paid his wages out of the township treasury, on the order of the township board. \_Siaie vs. Lynch, 8 O. S., 348.] Under the act of March 14, 1853 (51 v. 429), a township board of edu- cation has the power to designate the particular place where school- houses in sub-districts shall be built; and the powers which, in this re- spect, the statute confers on the local directors of a sub-district, are to be exercised in subordination to the paramount authority of the township board of education. ^Hughes vs. Board of Education, 13 O. S. 336.] LiaMlity of Directors for Illegal Contracts. — Unless authorized by resolu- tion of the township board of education, directors, in contracting for the building of a school-house, can not exceed the appropriation made for that purpose without rendering themselves personally liable for sach excess. Boards of education are not responsibJe for the illegal contracts of directors. If a board refuses to appropriate sufficient funds to build a good school-house, the directors may appeal to the county commissicners. Reporting of Contracts. — Directors can not receive any portion of the school funds for disbursement, but, on the contrary, they are required to re- port all contracts for fuel, etc., to the township board for payment; and unless the township clerk is authorized by a rule of the board to df aw the requisite orders for amounts certified by directors to be due on con- tracts legally made by them, such contracts can only be paid after they have been duly reported to the board and approved. (See Sec. 4047.) OHIO SCHO L LAWS. 55' School-houses and Libraries. Ch. 8. in accordance with the rules and regulations of the township board, or any resolution thereof. [70 v. 195, § 55.] Sec. 3988- When a board of education determines to P.^??*^°°^ ^^^ bidding, and build, enlarge, repair, or furnish a school-house or school- tract*.' ^ houses, or make any improvement or repair provided for in this chapter, the cost of which will excee ■, in city districts of tHe first and second class, fifteen hundred dollars, and in other districts five hundred dollars, except in cases of urgent necessity,- or for the security and protection of school prop- erty, it shall proceed as follows : 1. The board shall advertise for bids, for the period of four weeks, in some newspaper of general circulation in the district, and two such newspapers, if there are so many; and if no newspaper has a general circulation therein, then by posting such advertisements in three public places therein, which advertisements shall be entered in full by the clerk, on the record of the proceedings of the board. 2. The bids, duly sealed up, shall be filed with the clerk by twelve o'clock, noon, of the last day stated in the adver- tisement. 3. The bids shall be opened at the next meeting of the board, be publicly read by the clerk, and entered in full on the records of the board. 4. Each bid shall contain the name of every person in- terested in the same, and shall be accompanied by a suffi- cient guarantee of some disinterested person, that if the bid be accepted, a contract will be entered into, and the perform- ance of it properly secured. 6. When both labor and materials are embraced in the work bid for, each must be separately stated in the bid, with the price thereof. 56 OHIO SCHOOL L.A.WS. Ch. 8. School-liouses and Libraries. Erection of 3Chool-lioase» in joiat sub- distriets. 6. None but the lowest responsible bid shall be accepted; but the board may, in its discretion, reject all the bids, or accept any bid for both labor and material which is the low- est in the aggregate for such improvement or repairs. 7. Any part of a bid which is lower than the same part of any other bid, shall be accepted, whether the residue of the bid is higher or not ; and if it is higher, such residue shall be rejected. 8. The contract shall be between the board of education and the bidders: and the board shall pay the contract price for the work, when it is completed, in cash, and may pay monthly estimates as the work progresses. 9. When two or more bids are equal, in the whole, or in any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided between the makers thereof. 10. When there is reason to believe that there is ai?y col- lusion or combination among the bidders, or any number of them, the bids of those concerned therein shall be rejected. [70 V. 195, § 55.] Sec 3989. When it becomes necessary to rebuild the school house of a joint sub- district, or, for the better accom- modation of scholars, to change the school house site and erect a new building thereon, the question of such rebuild- ing, or of such change of site and erection of a new building, shall be determined by a majority vote of the board of direc- tors of such sub-district, and in such manner as to secure the better accomodation of a majority of scholars in the same ; any funds which may be or have been assessed and collected for. the builiiing of such school-hoase shall be transferred to the custody of the board of education of the township in which the new building is to be erected, which board shall OHIO SCHOOL LAWS. 57 School-houses and Libraries. Ch. 8. proceed in all matters connected with the erection of the building in accordance with the provisions of this chapter ; and if the location be changed to another township, the per- sonal property belonging to such sub-district shall be trans • ferred t® the board of education of such township ; and any- real property belonging thereto, and situate in the township from which the location is changed, shall be sold by the board of education of such township, and the proceeds of the sale transferred to the board of education of the township to which the location is changed. [72 v. 63, § 36.J Sec. 3990. When it is necessa,ry to procure or enlarge when boards may appropri- a school-house site, and the board of education and the ov/ner ^*® property, of the proposed site or addition are unable from any cause to agree upon the sale and purchase thereof, the board shall make an accurate plat and description of the parcel of land which it desires for such purpose, and file the same with the probate judge of the proper county ; and thereupon the same proceedings of appropriation shall be had which are provided for the appropriation of private property by municipal cor- porations. [70 V. 195, § 65.] Sec. 3991. When the board of education of any district, when and how question of tax except a city district of the first class, determines that it is l^lotCTs™"*^'' necessary, for the proper accommodation of the schools of such district, to purchase a site or sites, and erect a school- house or school-houses thereon, or to do either, and ascer- tains that the purchase of such site or sites, and the erection and furnishing of such school-house or school-houses, or either, will require a greater tax upon the property of such district than the board is authorized by this title to levy, and that to provide the means therefor it will be necessary to issue bonds, it shall make an estimate of the probable cost of such site or sites, and such school-house or school-houses,. 58 OHIO SCHOOL LAWS. Ch. 8. School-houses and Libraries. If levy ap- proved, board to certify it to auditor. Ho-w the levy may be antici- pated. or of either, and at a general election, or a special election called for that purpose, shall submit to the electors of the district the question of levying taxes for such purposes, or either of them, and the further questions whether the levy shall be made from year to year thereafter, and what amount shall be levied each year until the actual cost of such site or sites, and the erection of such school bouse or school houses, or either, is raised ] and ten days' notice of such submission shall be given by the board, by posters put up in five of the most public places in the district, which shall state the time, place, and object of the election. [70 v. 241, § 61.] Sec. 3992- If a majority of the electors at such election vote in favor of levying taxes for such purposes, or either of them, of continuing the levy from year to year thereafter, and for the amount to be levied each j-ear, the board shall certif}^ the levy annually to the county auditor, who shall place the same upon the tax duplicate in the same manner that other taxes certified by such board are required to be placed thereon ; and when the district is divided by a county line, the lev}- shall be certified, collected, and paid in the manner provided in sections thirty-nine hundred and sixty-one and thirty-nine hundred and sixty-iivo, in the case of levies for joint sub-districts. [70 v. 195, § 62.] Sec. 3993- To enable such board to anticipate the money to be raised it may borrow the sum of money neces- sary, not exceeding the amount so authorized to be levied, and issue bonds therefore, payable as indicated by the vote provided for in section thirly-n'm hundred aW ninety-one^ after a certain day to be named therein, and bearing interest payable semi-annually, at a rate specified therein, not exceed- ing six per centum per annum ; the bonds shall be in such sums as the board may determine, be numbered consecutively, OHIO SCHOOL LAWS. 59 School- houses and Libraries. Ch. 8. made payable to the bearer, bear date the day of sale, and be signed by the board officially ; the clerk of the board shall keep a record of the number, date, amount, and rate of in- terest of each bond sold, the sum for which and the name of the person to whom sold, and the time when payable, which record shall be open to the inspection of the public at all reasonable times; and the bonds so issued shall in no case be sold for a less sum than their par value, nor bear interest "ontil the purchase money for the same shall have been paid by the purchaser. [70 v. 195, § 63 ] Sec. 3994. The board of education of any city district issue of bonds •' " by boards of r.i/2ii . T J. ■ j_ 1 • -J C.I city districts of 01 the nrst class, except a district embracing a city of the first class. first grade of the first class, may issue bonds to obtain or im- prove public school property, and in anticipation of income from taxes for such purpose, levied or to be levied, may, from time to time, as occasion requires, issue and sell bonds, un- der the restrictions and bearing a rate of interest specified in the preceding section, and pay such bonds and interest thereon when due, but shall so provide that no greater amount of such bonds shall be issued in any year than would equal the aggregate of a tax at the rate of two mills, for the year next preceding such issue ; but the order to issue such bonds shall be made only at a regular meeting of the board, and by a vote of a majority of all the members thereof, taken by yeas and nays, and entered on the journal of the board. [75 v. 526, § 56.1 LIBEfARIES. Sec. 3995. In any district the board of education may Certain boards "^ may appro pri- appropriate money from the contingent fund for the purchase utoary.^eto."'^ of such books, other than school-books, as it may deem suit- able for the use and improvement of the scholars and teachers of the district, and in the purchase of philosophical 60 OHIO SCHOOL LAWS. Ch. 8. School-houses and Libraries. Levy for library in cities. How library tax to be ex- pended. Board may ap- point librarian etc. or other apparatus for the demonstration of such branches of education as may be taught in the schools of the district, or for either of such purposes ; but not more than one-half of the amount herein authorized to to appropriated shall be ex- pended in the purchase of such apparatus ; such appropria- tion shall not exceed, in any one year, three hundred dollars in city districts of the first class, one hundred and fifty dol- lars in city districts of the second class, and seventy-five dol- lars in other districts ; and the books so purchased shall constitute a school library, the control and management of which shall be vested in the board of education. [72 v. 29, § 51.] Sec. 3996. For the purpose of increasing and main- taining the school library of city districts, the board of edu- cation may levy annually a tax of one-tenth of one mill on the dollar valuation of the taxa,ble property thereof, to be assessed, collected, and paid in the same manner as are other school taxes of such districts. [64 v. 62, § l.J Sec. 3997. The amount of such tax, when collected, shall be expended, under the direction of the board, for the purchase of such books as are suitable for public school libraries, the bills for which, with the attendant expenses, shall be certified by the president and clerk, and paid by the treasurer of the school funds. [64 v. 62, § 2.] Sec. 3998, The board may appoint a librarian, fix his compensation, and make all needful rules and regulations for the management of the library, to which every family resident in such city districts shall have access. [64 v. 62, §3.] Sec. 3999. In cities not having less than twenty thou- sand inhabitants, the board of education having custody of any public library therein may, at any regular meeting, OHIO SCHOOL LAWS. 61 School-housea and Libraries. Cli. 8. adopt a resolution providing for a board of managers of such library, and shall thereupon elect, by ballot, two persons to serve as members of such board for a term of three years, two persons to serve for a term of two years, and two per- sons to serve for a term of one year ; and annually thereafter two persons shall be elected to serve for a term of three years ; all vacancies in such board shall be filled by the board of education by ballot, and a person so elected shall serve dur- ing the unexpired term of his predecessor; the president of the board of education shall be a member of the board of managers ex-officio: and the board of managers shall at all times be amenable to and under the control of the board of education, as to tenure of office and authority, and shall serve without compensation. f64 v. 100, § 1.] Sec. 4000. The board of education of the city of Cleve- J^^^^K pS.t' land shall, at its first regular meeting after the second Mon- mittee. day in April, 1880, and every two years thereafter, elect, by ballot, not less than three nor more than seven suitable per- sons, residents of said city, but other than the members of the board, who shall be known as the library committee of the city, and shall hold office for the period of two years from such election, and until their successors are elected, and without compensation. [75 v. 101, § 1.] Sec. 4001. Such committee shall report, in writing, to Powers and ° duties of such the board of education, at least once each year, and oftener <^'^°^^**^- if required by the board, and shall have entire charge and control of the school library in the city, and shall have full power to make all rules and regulations for the government and regulation thereof, to employ a librarian, and such assistants and help as may be needed, for the care and pro- tection of the library, and to attend to the drawing and re- turn of books ; but the salary of such librarian, and the rate 62 OHIO SCHOOL LAWS. Ch. 8, School-houses and Li'^raries. of compensation of such assistants and help, shall be fixed by the board of education, [committee] by resolution, prior to such employment. [76 v. 50, §2.] Library tax, Sec. 4002. For the purposc of increasing and maintain- and how to be expended. ^ jng the school library in said city, and the territory thereto attached for school purposes, such library committee may levy annually a tax of two and one-half tenths mills on the dollar valuation of the taxable property of the city, and the territory thereto attached for school purposes, to be assessed, collected, and paid in the same manner as are the school taxes of the city ; all money appropriated or collected by tax for the library shall be expended under the direction of the library committee, in the purchase of such books, pamphlets, papers, magazines, periodicals, and journals, as may be deemed suitable for the public school library, and in pay- ment of all other costs and charges, including the salaries of the librarian and assistants, that may be incurred in main- taining the library; and the bills and pay-rolls for such ex- penditures, shall, upon the order of the library committee, be certified by the chairman and secretary of such committee, and paid by the treasurer of the city from such library fund. [76 V. 50, § 3.] coneoUdatioriof Sec. 4003- In all citics which at the last federal census libraries in tiwri^ed^*^ ^^ ^^^j 01" at any subsequent federal census may have, a popu- lation of ten thousand five hundred and ninety-two, it shall be lawful to merge any public library therein heretofore established with any other library or reading-room therein existing ; but the library formed by such consolidation shall be kept open for the use of the public at all reasonable hours. [75 V. 541, § 1 ; 76 V. 27, § 1.] Sec. 4004. The board of education of every such city shall, at its first regular meeting after the second Monday in OHIO SCHOOL LAWS. 63 School houses and Libraries. Ch. 8. June, 1879, elect by ballot three suitable persons, residents ^o^^itorp-'^^' in point library of the city, but other than members of such board, who shall committee, be known as the library committee of the city, one to serve for one year, one for two years, and one for three years, and until their successors are duly elected and qualified, and shall, annually thereafter, elect in like manner one person with the same qualifications, to serve for three years, and until his successor is elected and qualified ; and any vacancy in such committee shall be filled for the unexpired term at the first regular meeting of the board held after the same occurs. [75 v. 541, § 2 ; 76 v. 97, § 2.] Sec. 4005. Such committee shall report in writing to powersand duties of such the board of education at least once each year, and oftener if committee, required by the board, and shall have entire charge and control of the school library in the city, with full power to make all rules and regulations, for the government and regulation thereof, to employ a librarian, and such assistants and help as may be needed for its care and protection, and to require of the librarian such bond as they may deem proper for t>e faithful performance of his duties, and to attend to the drawing and return of books ; but the salary of such librarian, and the rate of compensation of such assistants and help, shall be fixed by resolution prior to such employment. [76 v. 97, § 3.] Sec. 4006. For the purpose of increasing and main- how such librae ry maintained taining the school library in any such city, and the ter- and managed^ ritory thereto attached for school purposes, such committee may annually levy a tax of one-tenth of one mill on the dollar valuation of the taxable property of the city and the territory thereto attached for school purposes, to be assessed, collected, and paid in the same manner as are the school taxes of the city ; all money appropriated or collected 64 OHIO SCHOOL LAWS. Ch. 9. Scliool8, and Attendance Enforced. by taxation for such library shall be expended, under the direction of such committee, in the purchase of such books, pamphlets, papers, magazines, periodicals, and journals as may be deemed suitable for the public library, and in pay- ment of all other costs and charges, including the salaries of the librarian and assistants, that may be incurred in main- taining the library; and the bills and pay-rolls for such expenditures shall, upon the order of the library committee, be certified by the chairman and secretary of such com- mittee, and paid by the treasurer of the city from the library fund. [75 V. 541, § 2 ; 76 v. 97, § 4.] CHAPTER 9. SCHOOLS, AND ATTEKDANCE ENFOECED. ECTio: 4007. Sufficient schools must be pro- vided. Sectk 4019. 4008. SmiooIs for colored children. 4020. 4009. Schools of higher grade than pri- mary. 4021. 4010. Schools at " children's homes " and countv infirmaries. 4022. 4011. Youth may bs sent to charity school at ZanesviUe. 4023. 4012. Eventus: schools. 4024. 4013. "WTio may be admitted to public schools. 4025. 4014. 4015. Suspension and expulsion of pu- pils. Teachers may dismiss schools on holidays. 4026. 4027. 4016. School year, month, and week. 4017. 4018. Board to control schools, and ap- point officers. Directors to employ, pay, and dismiss teachers. 4028. 4029. Teacher dismissed for insufficient cause may institute suit. Board to determine studies and text-books. "When German language to be taught, etc. Pupils may be sent from one dis- trict to another. Children must attend school. Unlawful to employ children who have not attended school. Boards to ascertain condition of children not at school. "WTien board may supply pupil with books. Penalties against violation of pre- ceding provisions. Clerks must prosecute. "WTiat is equivalent to attendance on dav school. SCHOOLS. Each board of education shall establish a Sec. 4007 nt num of the youth of school age within the district under its con- Sufficient provided. sufficient number of schools to provide for the free education OHIO SCHOOL LAWS. 65 Schools, and Attendaoce Enforced. Ch. 9. trol, at such places as will be most convenient for the at- tendance of the largest number of such youth, and shall continue each and every day school so established not less that twenty-four nor more than forty-four weeks in each school year; and each township board of education shall establish at least one primary school in each sub-district under its control. [75 v. 513, § 50.] Sec. 4008. When, in the iudsrment of the board, it will schools for ** ° ' colored chal- be for the advantage of the district to do so, it may organize separate schools for colored children; and boards of two or more adjoining districts may unite in a separate school for colored children, each board to bear its proportionate share of the expense of such school, according to the number of colored children from each district in the school, which shall be under the control of the board of education of the district in which the school-house is situate. [75 v. 513, § 50.] Sec. 4009. Any boari of education may establish one schools of high- er grade thau or more schools of higher grade than the primary schools, P"™'*''y- whenever it deems the establishment of such school or schools proper or necessary for the convenience or progress of the pupils attending the same, or for the conduct and welfare of the educational interests of the district. [75 v. 513, § 50.] Sec. 4010. The board of any district in which a chil- Sec. 4008. A school established for colored children in a township has no directors, but is under the immediate control of the township board. The act of March 14, 1853 (51 v. 4-29), as amended March 18, 18t)4 (61 v. 31), authorizing the classiiication of school youth on the basis of color, does not contravene the constitiibion of the state nor the fourteenth amendment of the cuustitutiou of the United States; and colored child- ren residing in either of the districts for white children which have united in constructing a joint district for the education of colored child- ren are not, as of right, entitled to admission into the schools for whit© children. \_State vs. McCann, 21 O. S., 198.] TEACHERS IN CHILDRENS' HOMES. Sec. 4010. Teachers in childreus' homes, orphan asylums, and C3unty infirmaries in which schools have been established under the provisions of this section, must obtain certificates of qualifications from the county board of examiners. 66 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. ^^chiidrM's dren's home or orphans' asylum is or may be established by homes," or- , .,., i • n • i it-it phans' asylums, iaw, Or in which a county mnrmary is or may be established, and county in- firmaries, shall, when requested by the board of trustees of such chil- dren's home or orphans' asylum, or the directors of such infirmary, establish in such home, asylum, or infirmary a separate school, so as to afford to the children therein, as far as practicable, the advantages and privileges of a common school education ; such schools at infirmaries shall be con- tinued in operation each year until the full share of all the school funds of the district belonging to such children, on the basis of the enumeration, is expended, and at such homes or asylums not less than forty-four weeks ; if the distributive share of school funds to which such school at any such home, or asylum is entitled, by the enumeration of children in the institution, is not sufficient to continue the school the length of time hereby required, the deficiency shall be paid out of the funds of the institution ; all schools so established shall be under the control and management of the board of edu- cation or other school officers who have charge of the common schools of such district ; in the establishment of such schools the commissioners of the county in which such children's home, orphans' asylum, or county infirmary is established shall provide the necessary school room or rooms, furniture, apparatus, and books, the cost of which furniture, apparatus, and books, for such homes and asylums, shall be paid out of the funds provided for the institutions; and the board of ^^ft'oXJrity education shall incur no expense in supporting the schools, school at Zanes- ViUe. except in the payment of teachers. [75 v. 513, § 50; 76 v. 75, §1.] Sec. 401 1. The board of education of the city of Zanes- ville may contract with the trustees having the management of any fund which has been provided by gift, devise, or be- OHIO SCHOOL LAWS. 67 Schools, and Attendance Enforced. Ch. 9. quest for the establishment or support of a school or schools for poor childreu therein, for the admission to any such school of children resident in the city, and pay to such trustees, out of the school funds under its control, such tuition fee as may be agreed upon for each scholar so ad- mitted, but not entitled to admission according to the terms of such gift, devise, or bequest, and also provide for such right of visitation or control of such school or schools by the board as may be agreed upon ; such school or schools shall be kept; at the least, equal in grade and efBciency to the cor- responding public schools of the state, and every such con- tract shall expire in three years from the time of its execu- tion, unless renewed or extended by agreement ; but this section shall in no manner apply to any school or schools supported or controlled by any church, congregation, sect, or religious denomination or association of any kind. [75 v. 530, § 1] Sec. 4012. In any district composed, in whole or in Evening "^ ^ schools. part, of a city or village, the board may, at its discretion, provide a suitable number of evening schools for the instruc- tion of such youth as are prevented by their daily vocation from attending day schools, subject to such regulations as the board may, from time to time, adopt for the government thereof. [72 v. 29, § 51.] Sec. 4013. The schools of each district shall be free to who may be admitted to all youth between six and twenty-one years of age Avho are p'^^*^° schools. children, wards, orapprentices of actual residents of the dis- trict; each board of education may admit other persons, not Sec. 4013. The children, inmates of the German Protestant Asylum, of Cincinnati, are not " children, wards, or apprentices of actual residents" in the school district within which said asylum is located, and, therefore, under tbe act of February 21, 1<:^49 (2 Curwen, 1471), are not entitled to gratuitous admission to the privileges of the public schools of said dis- trict. State V, School Directors, 10 O. S., 44^. OHIO SCHOOL LAWS. Ch. 9. Scliools, and Attendance Enforced. -.spension and pulsion of iDils. ■ chers may iiiss scliool aolidavs. under six years of age, upon sach terms, or upon the pay- ment of such tuition, as it may prescribe ; boards of city, village, or special districts may admit also, without charge for tuition, persons within the school age who are members of the family of any freeholder whose residence is not within such district, if any part of such freeholder's homestead is within such district; and the several boards shall make such assignment of the youth of their respective districts, to the schools established by them, as will, in their opinion, best promote the interests of education in their districts. [70 v. 195. § 71.] Sec. 4014. No pupil shall be suspended from school by a superintendent or teacher except for such time as may be necessary to convene the board of education of the district or the directors of the sub district, and no pupil shall be ex- pelled except by a vote of two-thirds of such board or direct- ors, and not until the parent or guardian of the ofiPending ■pupil has been notified of the proposed expulsion, and per- mitted to be heard against the same; and no scholar shall be suspended or expelled from any school beyond the cur- rent term thereof. [70 v. 195, § 71.] Sec. 4015. Teachers employed in' the common schools may dismiss their schools, without forfeiture of pay, on New Year's day, the Fourth of July, and Christmas, and on any SUSPESSIOX A^S'D EXPULSION. Sec. 4014, This right of suspension or expulsion is one which needs to be carefully guarded. The true motto is to bring in, not to drive out; but there are cases where, to protect the rights of the many, it is necessary to expel a pupil. We would not hesitate to exclude from the schools a pupil aftected with a contagious disease. Gross immorality is both contagious aud in- fectious. The father of a child entitled to the benetits of the public school of the sub-district of his residence, may maintain aa action against the teacher of the school and the directors of the sub-district, for damages for wrong- fully expelling the child from school. Eoe v. Deming, et al., 21 0. S., e66. OHIO SCHOOL LAWS. 69 Schools, and Attendance Enforced. Ch. 9. day set apart by proclamation of the president of the United States, or the governor of Ohio, as a day of fast or thanks- giving. [70 V. 195, § '116,] Sec. 4016. The school year shall begin on the first day school year, month, and of September of each year, and close on the thirty- first day '^^'^^■ of August of the succeeding year ; and a school week shall consist of five days, and a school month of four school weeks. [70v. 215, §70; 72 v. 181, § 6.] Sec. 401 7- The board of education of each district shall Board tocou- trol schools and have the management and control of the public schools of appo"'* oifficers. the district, with full power, subject to the provisions of the DISMISSAL OP TEACHER. Sec. 4017. The dissatisfaction of scholars and parents is no cause for the dismissal of a teacher. [28 Vermont, 575.] CORPORAL PUNISHMENT. Qnestioiis are so often asked concerning the right of a teacher to inflict corporal punishment, that the quotation of a few authorities seems in place, though there is not room for a full discussion of the topic. Eathaivay v. Bice, 19 Vt. 108. "The right of a school master to cor- rect his scholars his always been practically and judicially sanctioned, but the chastisement must not exceed the limits of moderate correction ; and though courts are bound, with a view to the maintenance of neces- sary order and decorum in schools, toJcok with all reasonable indulgence upon the exercise of this right, yet, whenever the correction shall appear to have been clearly excessive and cruel, it must be adjudged illegal." Coopei- V. McJunkin, 4 lod. 290. " A teacher, in the exercise of the power of corporal punishment, must not make such power a pretest for cruelty and oppression ; but the cause must be sufficient, the instrument suitable, and the manner and extent of the correction, the part of the person to which it is applied, and the temper in which it is inflicted, should be distinguished with the kindness, prudence, and propriety which become the station." "Beeves' Domestic Belations," }y&^e 534, "The school-master has a right to give moderate corporal correction to his pupils for disobedience to his lawful commands, negligence, or for insolent conduct. A school- master, in bis own right, and not by delegation, possesses this power." State V. Pendergrass, 2 Devereaux ^ Battles, 365. "The law confides to school-masreift and teachers a discretionary power in the infliction of corporal punishment upon their pupils, and will not hold them responsi- ble criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil pas- sions." Iq passing this topic, the language of Judge Gaston seems peculiarly appropriate. " it is not easy to state with precision, the power which the law grants to school-masters and teachers, with respect to the correction of their pupils. It is analogous to that which belongs to par- ents, and the authority of the teacher is regarded as a delegation of par- ental authority. One of the most sacred duties of parents is to raise up 70 OHIO SCHOOL LIWS. Ch. 9. Schools, and Attendance Enforced. next section, to appoint a superintendent and assistant superintendents of the scboois, a superintendent of build- ings, and teachers, janitors, and other employes, and. fix and qualify tlieir cbiidrea for becoming useful and virtuous members of society ; this duty cannot be effectually performed without the ability to command obedieLce, to control stubbornness, to quicken diligence, and to reform bad habits ; and to enable him to exercise their salutary sway, he is armed with the power to administer moderate correction, when he shall believe it to be just and necessary." 32 Vermont, 114. First. Though a school-master has, in general, no -right to punish a pupil for misconduct committed after the dismissal of school for the day and the return of the pupil to his home, yet he may, on the pupil's return to school, punish him for any misbehavior, though committed out of school, which has a direct or immediate tendency to in- jure the school and to subvert the master's authority. Second. A school-master is not relieved from liability in damages for * the punishment of a scholar which is clearly excessive and unnecessary, by the fact that he acted in good faith and without malice, honestly thinking that the puuishmeat was necessary, both for the discipline of the school and the welfare of the scholar. If there is any reasonable doubt whether the punishment was excessive, the teacher should have the henetit of the doubt. Lander vs. Seavei-, :!2 Vt. R., 123 ; Wharton's A7)ie7-ican Crim. Law. .1259 ; and 1 Sanders on Pi and E-v., 144.) Whether under the facts the punishment is excessive, must be left to the jury to decide. {Commomvealih, of Mass. vs. Bandall, 4 Gray, 38.) In the case of Martin Quinn vs. Mary D. Nolan, a suit tried in the Superior Court of Cincinnati, Judge Harmon, in charging the jury, used the following language : If the jury should hnd the defendant did not, in view of all the circum- stances, inflict a greater degree of punishment upon the plantift's son than she was fairly entitled to do, and was proper, of course they must find for defendant. But, if they should find she did go beyond that, then it would be necessary to go farther and inquire into the damages that should be allowed. The law holds a person responsible only for the natural and ordinary consequences of his acts, those consequences which the law presumes he might or should have foreseen at the time he committed the act. Therefore it might make a diti'erence in the amount of their finding if it should appear that the child was afflicted with or predis- posed to certain diseases, and the defendant had no notice thereof from his parents, the boy himseil, his appearance, or otherwise. If the de- fendant, trom the knowledge she had of the boy and from his appearance, would be justified in supposing him to be like other boys of his age, and inflicted only a proper punishment, then she would not be liable at all, even though unf rtunately some bidden defect in the boy's constitution should cause injury to his health to follow. Or if they should find for the plantift this fact of ignorance on her part would prevent her from being liable for any consequence arising from such weakness or predisposition in the boy, of which she was ignorant in fact, and of which his appear- ance furnished no warning. It is the duty of parents who send their children to school, whose health or dispositiion would render the punish- ment permitted by the rules of the school dangerous or improper, to see the teacher is informed of the fact. Boards of education are authorized to adopt and enforce necessary rules and regulations for th- government of schools under their management and control. Seivell v. Board of Education. [29 v. 89 ] When instruction in rhetoric is given in any grade or department of a school, and one of the rules adopted by the board for the government of the pupils therein provided that if any pupil should fail to be prepared with a OHIO SCHOOL LAWS. 71 Schools, and Attendance Enforced. Ch. 9. their salaries or pay, which salaries or pay shall not be either increased or diminished during the term for which the appointment is made ; but no person shall be appointed for a longer time than that for which a member of the board is elected; and such board may dismiss any appointee for in- efficiency, neglect of duty, immorality, or improper conduct. ' [70 V. 195, § 53.] Sec. 4018. In township districts the directors shall _ ^ Directors, to employ and for sufficient cause dismiss, the teachers of the ancfcUsrmss teachers. schools in their respective sub-districts, and shall fix their salaries or pay, which salaries or pay may be increased but not diminished in amount by the township board, and shall not exceed in the aggregate, in any year, for any sub-dis- trict, the amount of money to which the sub-district is entitled for the purpose of tuition for such year; if the' directors of any sub-district fail to employ a teacher for their school, the township board shall employ such teacher, and fix the salary to be paid; and the directors, at the end of any month, or at the end of the term, shall give to the teach- ers employed by them certificates of such employment, and of services rendered, addressed to the township cierk, who, upon presentation thereof, and compliance by such teachers with the provisions of section forty hundred and fifty one, shall draw orders on the township treasurer for the amounts rhetorical exercise, at the time appointed therefor, he or she should, un- less excused on account of eickuess, or other reasonable cause, be im- mediately expelled from such department : lield, that such rule was reason- able lb. Where the teacher of such department, with the consent of the board, for a failure to comply with the rule, or to offer any excuse therefor, sus- pended a pupil until he should comply with the rule, or offer a reasonable excuse for his non-compliance, neither rhe board of education nor the teacher is liable in damages therefor, Ih. Sec. 4018. The dismissal is "business" and must be transacted at a meeting, as set forth in section 3918, and the reasons therefor must be spread upon the minntes. They must be a "sufficient cause." 72 OHIO SCHOOL LAWS. Ch. 9. Scbools, and Attendance Enforced. Teacher dis- iQis>-ed for in- sufficient cause may institute suit. certified to be due, in favor of the parties entitled thereto, and the treasurer shall pay the same. [70 v. 195, § So."} Sec. 4019. If the directors of any sub-district dismiss any teacher for any frivolous or insufScient reason, such teacher may bring suit against such sub-district, and if, on the trial of the cause, a judgment be obtained against the sub-district, the directors thereof shall certify to the clerk of the board the sum so found due, who shall issue an order upon the township treasurer, to the person entitled thereto^ to pay the same out of any money in his hands belonging Sec. 4018. Under the act of May 1, 1873 (70 v. 195), the local directors of township sab-districts have no power to delegate the employment of teachers to any other person, nor to provide for their payment except as provided in section .53 of that act ; and a contract with a teacher that he shall employ an assistant, if one be necessary, is illegal and void {State T. TFUlimna, '28 O. S. Itil ; but where the local flireotors employed a teacher, and tixed his salary at $i'25 per month in case .he alone shotild be able to teach the school to their satistactiou, otherwise the teacher to employ and pay an assistant, and such teacher performed the service under his em- ployment, withoRt the aid of an assistant, to the satisfaction of the direct- ors, who certified to the township clerk the amount due to the teacher under the contract. Seld : That the township clerk can not justify his refusal to draw an order on the ti>wnship treasurer for the amount certi- fied, on the ground that the contract iiader which the service was per- formed was against public policy, and void State v. Williams. lb. A township board, supposing that local directors were neglecting their duties under the provisions of the act of March 14, 1853 (51 v. 429), em- ployed a teacher for a sub district, who, without being notified by the local directors to desisr, taught the school for three months, and received an order on the township treasurer for his wages. Held, that the treasurer could not rightfully withhold payment of the order upon the ground that the directors had not been neglectful of their duties, and that the exer- cise thereof by the board of education wp.s unwarranted by the facts of the case. Case v. Wresler, 4 O. S. -561. Under the act of March 14, 1853 (51 v. 4'29), where a township board entered an order that teachers should nou be employed at a greater com- pensation than twenty dollars per month, and the local directors em- ployed a teacher at thirty dollars per mobth, and certified the amount due" him for his services at that rate, to the township clerk, it became the duty of the township clerk to draw an order in conformity with such cer- titicate of the local directors. State v. Wilcox, 11 O. S., 3'26. Dismissal of Teacher.^-The directors may dismiss a teacher for sufficient cause, as incompetency, negligence, iaimorality. In case the teacher bring siiit, as he may, his certiiicate is only prima facie evidence of com- petency and character, and may be overbalanced by proof. Wages of Teacher. — If the sub-districi's share of the state fund, increased by the amount apportioned for tuition by the township board, is not suffi- cient to continue the school at least six months, the directors should ap- peal to the county commissioners. Payment — Upon making out a monthly report and presenting it to the clerk along with a certificate of service from the directors, and his certificate from the county examiners, or a copy thereof, a teacher may draw his salary monthly, (See sec. 4051.) OHIO SCHOOL LAWS. 73 Scliools, and Attendance Enforced. Ch. 9. to such sub district, and applicable to the payment of teach- ers ; and in such suits process may be served on the clerk of the sub-district, and service upon him shall be sufficient. [76 V. 58, § 1.] Sec. 4020. Each board shall determine, at a regular Board to deter- mine studies meeting, by an affirmative vote of a majority of all its mem- ^""^ textbooks. bers, the studies to be pursued and the text-books to be used in the schools under its control, but no text-book shall be changed within three years after its adoption without the consent of three-fourths of all the members elected to the board, given at a regular meeting; and all branches shall be taught in the English language. [70 v. 195, § 52.] COURSE OP STUDY. Sec. 4020. The general course of study should be prescribed by the board of education, but the studies to be pursued and the lessons to be prepared by each pupil should be left to the teachers or superintendent. The right to lay down a course of study certainly carries with it the right to require pupils to pursue that course. Success requires classification and system. The constitution of the state does not enjoin or require religious in- struction, or the reading of religious books, in the public schools of the The legislature having placed the management of the public schools under the exclusive control of directors, trustees, and boards of educa- tion, the courts have no rightful authority to interfere by directing what instruction shall be given, or what books shall be read therein. lb. 211. state. Board of Education of Cincinnati v. Minor, et al., 23 O. S., 211. If it is not conceded, it must be conceded that the legislature has never passed any law enjoining or requiring religious instruction in the public schools, or giving the courts power in any manner, or to any ex- tent, to direct or determine the particular branches of learnicg to be taught therein, or to enforce instructions in any particular branch or branches. The extent of legislative action, either under the present con- stitution or under that of 1802, which contained a provision quite similar to the present, has been, to establish and maintain a general system of cotn- mon schools for the state, and to place their management and control exclusively in the hands of directors, trustees, or boards of education, other than ihe courts of the state. The laws establishing this system date back to 1825, and form an im- portant part of the legislation of the state. They have from time to time been changed, amended, repealed, and re- enacted. While these laws do refer to other branches of learning in the schools, they nowhere enjoin or speak of religious instruction therein. They speak of the ''morals" and "good conduct" of the pupils, and of the "moral character" of the teachers, but they nowhere reqnire the pnpil to be taught religion, or the pupil to be religious. Much lees do they require this to be done against the will of the people interested. (Per Welch, J. lb. 241.) ^ Every board of education should perform this plainly specified duty 74 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. "WTien German language to be taught, etc. Pupils may be sent from one district to an- other. Sec. 4021. The board of any district shall cause the German language to be taught in any school under its con- trol, during any school year, when a demand therefor is made, in writing, by seventj^-five freeholders resident of the dis- trict, representing not less than forty pupils who are entitled to attend such school, and who, in good faith, desire and in- tend to study the German and English languages together; but such demand shall be made at a regular meeting of the board, and prior to the beginning of such .^chool year ; and any board may cause the German or other language to be taught in any school under its control, without such demand. [70 V. 195, § 52.] Sec. 4022. The board of any district may contract with the board of any other district for the admission of pupils into any school in such ether district, on such terms as may of seleetiDg a course of study and the text-books to be used, and of enforcing their -will in this regard. The state, since it generously contributes toward the support of the schools of a district, has the right to insist that the officers who represent the district shall do what the law requires of them. These acts may be regarded as conditions precedent to the payment of the district's share of the state funds. The state, as one of the prime factors in the common school system, is interested in the best resnlts possible from every teacher in the service. These results can nob be obtained from schools tramaieled with a mul- tiplicitv of text-books and without proper classificatiou. Sec. 4021. The law plainly contemplates English schools, though it allows the teaching of other languages as such, and upon the perform- ance of certain named conditions requires the board to have the German language taught. While it is natural that persons of foreign birth should desire their children to learn the tongue of the mother land, it is wise polic^ for the state to provide that all children in the public schools shall learn the language of this country. Sec. 40"22. Children admitted to school privileges in districts other than those in which their parents or guardians reside, gain no rights but those granted in the contract under which they are admitted; they should be enumerated in the district or sub-district in which they have a legal residence, and their share of the state fund belongs that district ; of course their parents do not become electors in the district to which they are admitted. Tuitioti of nan-resident pupils. — Money received for the tuition of non- resident pupils in any district, must be paid to the treasurer, to be placed to the credit of the district, and disbursed on the order of the board of education. Directors and members of boards of education can not receive and dis- burse such tuition money, neither can they authorize teachers or superin- tendents to receive and disburse it. OHIO SCHOOL LAWS. 75 Schools, and Attendance Enforced. Ch. 9. be agreed upon by such boards ; and the expense so incurred shall be paid out of the school funds of the district sending such pupils. [73 v. 243, § 64.] ATTENDANCE ENFORCE!). Sec. 4023. Every parent, guardian, or other person children must attend school. having charge or control of any child between the ages of eight and fourteen years, shall be required to send such child to a common school for at least twelve weeks in each school year, at least six weeks of which shall be consecutive, unless the board of- education, or the board of directors, as the case may be, having control of the school district or sub-district in which such parent or guardian resides, excuse such child from attendance, when it appears to the satisfaction of such board that the child's bodily or mental condition is such as to prevent its attendance at school, or application to study, for the time required, or that its time and labor are essen- tially necessary for the support of an indigent parent, brother, or sister, or that it is being otherwise furnished with the means of education for a like period of time, or has already acquired branches of learning ordinarily taught in common schools ; but if the common school of the district or sub-district in which such parent or guardian resides is dis- tant two miles from his residence by the nearest traveled road, he shall not be liable to the provisions of this section, and the subsequent sections of this chapter. [74 v. 57, § 1.] Sec 4024. No manufacturer, owner of mills or mines, unlawful to employ children agent, overseer, contractor, landlord, or other person, shall ^tLdedschooi. employ any child under fourteen years of age during the established school hours of the locality, who has resided in this state during the school year next preceding the com- mencement of such employment, and is under the control of a parent or guardian, and is not dependent upon its own re- 76 OHIO SCHOOL LAWS. Ch. 9. Schools, and Atteadance Enforced. Boards to asci^r- tain condition of children not at school. sources for support, unless such child has attended some com- mon or private school for the term of at least twelve weeks during the school year next preceding the commencement of such employment, and delivers to its employer a certificate of that fact from the clerk of a board of education, or the clerk of a board of directors, or the teacher of the school which it attended; nor shall such employment continue for a longer period than forty weeks during any school year from the time this act takes effect, unless such child deliver to such employer a certificate of excuse from the proper authority, for any of the reasons mentioned in the preceding section. [74 v. 57, § 2.J Sec. 4025. Each board of education shall ascertain, on the second Monday of February and the second Monday of Septembei*, or within fifteen days thereafter, each year, in such manner as it may deem most expedient, the condition of all children under fourteen years of age within its juris- diction employed at any daily labor, or who are not in at- tendance at any common or private school, and shall report all violations of this chapter to its clerk, who shall at once proceed to prosecute each and every such offense. [74 v. 57, §3.] Sec. 4026. If it be shown to the satisfaction of the board of education that the parent or guardian has not the means wherewith to purchase for his child or children the necessary school-books to enable him to comply with the re- quirements of this chapter, the, board may furnish the same, free of charge, to be paid for out of the contingent fund at the disposal of the board. [74 v. 57, § 4. Sec. 402 7. A parent, guardian, or other person, who fails to comply with the provisions of this chapter, shall be liable to a fine of not less than two nor more than five dol- When board may supply pupil "nith" books. Penalties against viola- tion of preced- ing provisions. OHIO SCHOOL LAWS. 77 Schools, and Attendance Enforced. Ch. 9. lars for the first offense, nor less than five nor more than ten idoilars for each subsequent offense ; such fine shall be col- lected by the clerk of the' board of education, in the name of the state, in an action before any court having competent jurisdiction ; and the money so collected by each clerk shall be paid to the county treasurer, and be applied to the use of the common schools of his district. [74 v. 57, § 5.] Sec. 4028. The clerk of the board of education shall cierksmust prosecute. prosecute every offense against the provisions of this chapter, when a member of the board of education, or any tax-payer, of the district in which the offending party re- sides, files with him an affidavit setting forth the facts which constitute the offense; and if he neglect to do so within fifteen days after such affidavit is filed, he shall be liable to a fine of not less than ten nor more than twenty dollars for each case of such neglect, to be collected in the name of the state, in an action before any court of competent jurisdiction, by any person feeling aggrieved thereby. [74 v. 57, § 6.] Sec. 4029. Two weeks' attendance at half-time or night what is equiva lent to attend- school, shall be considered, within the meaning of this chap- auceonday ' ' o i school. ter, equivalent to an attendance of one week at a day school. [74 V. 57, § 7.] COMPULSORY ATTENDANCE. It is much to be desired that boards of education will accept the aid proffered them in these sections, and aim to secure the iullest possible attendance upon school of the children of school age. Our people are Falstaffian enough to be uowilliug to do things "on compulsion," yet they have yielded some points — paying taxes for in- stance — and it is very probable that the provisions of this chapter, wisely carried out, would send to school mauy little boys and girls now allowed to run the streets and alleys, and by making attainments in lawlessness, thus to fit themselves for efficient service as enemies of society. Can not our boards send into each ward of their cities a missionary committee with this law in one hand, and the gospel of love and pa- triotism and Christianity in the other, extending the latter first ? 78 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, and Clerk. CHAPTER 10. ENUMERATION, TREASURER, AND CLERK. Yearly enumer- ation of yonth to be tak"en. Section 4030. Yearly enumeration of youth to be taken. 4031. Qualification and pay of those tak- ing the same. 4032. Clerk, except in township districts, to employ persons to take it. Clerk cf board ot directors to take it in sub-districts. Enumeration in joint 8ub-di.stricts. Clerk to transmit abstract to county auditor. When the clerk f.tUs, auditor to act. When couuty line divides original surveyed township. When enumeration not taken, dis- trict not entitled to schools funds. Auditor to furnish abstract to state commissioner. Duty of state commissioner when enumeration excessive, etc. Penalty for making fraudulent re- turns. Who to be treasurer of school funds. Bond of treasurer, and duties of board in reference thereto. 4033. 4034. 4035. 4036., 4037. 4038. 4039. 4040. 4041. 4042. 4043. Section 4044. Annual settlement by treasurer with county auditor. Penalty for failure to make such settlement. Treasurer to report balances to board. When treasurer may receive or pay money. 4048. Maximum amount of funds which treasurer may hold. Treasurer to deliver money, etc., to successor. Bond of clerk. When orders of clerk for teachers' pay illegal. Duties of clerk as to statistics, etc. Publication of receipts and disburse- ments by clerk. Clerk to deliver books, etc., to suc- cessor. 4055. . How treasurer and clerk to keep ac- counts. 4056. Compensation of treasurer and clerk. 4045. 4046. 4047. 4049. 4050, 4051 4052. 4053. 4054. ENUMERATION. Sec 4030. There shall be taken in each district, annu- ally, between the first Monday in September and first Mon- day in October, an enumeration of all unmarried youth, noting race and sex, between six and twenty-one years of age, resident within the district, and not temporarily there, designating also the number between sixteen and twenty- ENUMKKATION. fcjEC. 4030. The annual enumeration should include all unmarried youth between the ages ol six aua twenty-one years, who at the time of taking such enumeiacioD, actually dwell or have their home in the district, whether such youth coubtiiute a part of the family of their parents or guardians, or are, in good laith and lor a continuance of time, Hired to lauor or ser- vice ill a family actually residing m such district. The fact that a youth is living in a resident family not temporarily, but is treated, and regarded OS a part of nuchjamilii, maJies such youth a resident. It, nowever, a youtu is slaying temporarily m a district as a boarder or visitor, or is a member of a family temporarily in the district and whose OHIO SCHOOL LAWS. 79 Enumeration, Treasurer, and Clerk. Ch. 10. one years of age, the number residing in the Western Re- serve, the Virginia Military District, the United States Mili- tary District, and in any original surveyed township or frac- tional township to which belongs section sixteen, or other land in lieu thereof, or any other lands for the use of public schools, or any interest in the proceeds of such lands. [71 V. ]5,§77.] Sec. 4031. Each person required or employed under QuaMoatioii and pay of those this chapter to take such enumeration shall take an oath or 8ame5*^ affirmation to take the same accurately and truly, to the best of his skill and ability; when making return thereof to the proper officers he shall accompany the same by his affida- vit, duly certified, that he has taken and returned the enu- meration accurately and truly, to the best of his knowledge and belief; the officer to whom such return is required to be made may administer such oath or affirmation, and take and certify such affidavit; and each person so taking and return- ing the enumeration shall be allowed, by the proper board of education, reasonable compensation for his services, which, in sub- districts, shall not exceed two dollars for each person authorized, required, or appointed to perform the service. [71 V. 15, § 77.] Sec. 4032. The clerk of the board of education of each cierk, except in township dis- flistrict, other than township districts, shall employ a suffi- pYoy^OTsras to actual residence is in another district, such youth can not be legally enu- merated. But the temporary residence of a family in a district, if such family have at the time no other residence, does not exclude the children actually living in ana belonging to such family from the enumeration. A youth can be legally enumerated in but one district, and that is the district in which he actually resides. All children that may be legally included in the annual enumeration of any school district, are entitled to attend the school in such district. Sec. 4031. It will be observed that each person taking the enumeration must be sworn to take it accurately, and must also accompany the return by his affidavit that he has so taken it. Pay for taking Enumeration. — The clerk of the sub-district is entitled to pay for taking and returning the enumeration, but such pay must not exceed two dollars. take it. 80 OHIO SCHOOL LAWS. Ch. 10. Enameration, Treasurer, and Clerk. Clerk of board of directors to take it in sub- diatricts. Enumeration in joint sub-dis- tricts. cient number of competent persons to take and return to him the enumeration of his district, in the manner pre- scribed in this chapter. [70 v. 195, § 78.] Sec. 403 3, The director who is clerk in each sub-district shall take, or cause to be taken, annually, according to the provisions of this chapter, between the first and the third Monday in September, an enumeration of youth resident within his sub-district, and return a certified copy thereof to the clerk of the township board of education; if any such director fail to perform such duty, the clerk of the township board shall 'employ a competent person to take and return the enumeration, give him an order on the treasurer of the board for his compensation, payable from the contingent fund, and proceed to recover the amount so paid, in a civil action, before any court having jurisdiction of the matter, in the name of the state, against such director; and the money so collected shall be paid to the treasurer of the board, and credited to the contingent fund ; but in a township dis- - trict which is not divided into sub-districts, the president of the board shall take and return the enumeration, or cause the same to be done. [70 v. 195, § 33.] Sec. 4034. The enameration of a joint sub-district shall be taken by the clerk of the board of directors, who shall trans- mit a certified copy thereof to the clerk of the board of edu- • cation of the district in which the school house of the sub- district is situate, and designate therein the number of youth residing in the respective fractions of townships of which the sub-district is composed ; and if such sub-district is com- posed of parts of two or more counties, the clerk to whom the return is made shall transmit a certified copy thereof to the auditor of each county having territory within the sub- district. [70 V. 195, § 34 ; 71 v. 15, § 77 ; 72 v. 63, § 36.] OHIO SCHOOL LAWS. 81 Enumeration, Treasurer, and Clerk. Ch. 10. Sec. 4035. The clerk of each board shall, annually, on ^SstS'to or before the second Monday of October, make, and transmit to the count}' auditor, an abstract of the enumeration by this chapter required to be returned to him, according to the form prescribed by the commissioner of common schools, with ^n oath or affirmation indorsed thereon that it is a correct Abstract of the returns made to him under oath or affirma- tion ; and the oath or affirmation of the clerk maybe admin- istered and certified by any member of the board of educa- tion, or by the county auditor. [70 v. 195, § 79 ] Sec. 4036. If the clerk of any district fail to transmit S^auKlf act. such abstract of enumeration on or before the second Monday of October, the auditor shall at once demand the same from such clerk ; and in case the enumeration has not been taken as required by this chapter, or the abstract required be n3t furnished without delay, the auditor shall employ competent persons to take such enumeration, who shall be subject to the legal requirements already specified, except that the re- turns shall be made directly to the auditor, who may admin- ister to each person employed the oath or affirmation re- •quired; and the auditor shall allow the persons employed by him a reasonable compensation, to be paid out of the gen- eral county fund, and shall proceed to recover the amounts so paid, in a civil action, before any court having competent jurisdiction, in the name of the state, against such clerk, on his bond, and the amount so collected shall be paid into the general county fund. [70 v. 195, § 80.] Sec. 4037. If parts of an original surveyed township or when county line di vide* fractional township are situate in two counties, the auditor "J^ to^- of the county in which the smallest part is situate shall, so soon as the abstracts of enumeration are received by him from the clerks of the boards of education, certify to the 6 82 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, and Clerk. auditor of the county in which the largest part is situate the enumeration of youth residing in the part of the township situate in his county ; if parts of such township or fractional township are situate in more than two counties, like certifi- cates of enumeration shall be transmitted to the auditor of the county containing the greatest relative portion of such township, by the auditors of the other counties containing portions thereof; when it is uncertain which county con- tains the greatest relative portion of such township, such certificates shall be transmitted to the auditor of the oldest county, by the other auditor or auditors ; and if the land granted by congress to such township or fractional township for the support of public schools has been sold, the auditor to whom such certificates are transmitted shall notify the auditor of state, without dela}", that such enumeration has been certified to him. [70 v. 195, S§ 121, 130 ] When emimera- Sec. 4038- If an enumeration of the youth of a district tkmnot taken, district not en- jgg j^qi taken and returned in anv year, such district shall titled to scliool " *' ' not be entitled to receive any portion of the school funds dis- tributable in that year on the basis of enumeration ; and if such loss to a district occur through the failure of the clerk of the board of education of the district to perform the duty required of him by either section forty hundred and thirty-two, or forty hundred and thirty-five, he shall be liable to the district for the loss, which may be recovered in an action in the name of the state ; and the money so recovered shall be paid into the county treasury, and apportioned in the same man- ner as the school funds so lost would have been apportioned. [70 V. 19'), §§ 120, 124.] Sec. 4039- The auditor of each county shall make, and Auditor to fnr- futeMSmfs-^** transmit to the state commissioner of common schools, on £k>ner. or before the fifth day of November in each year^ on blanks OHIO SCHOOL LAWS. 83 Enumeration, Treasurer, and Clerk. Ch. 10. to be furnished by the commissioner, an abstract of the enumeration returns made to him, duly certified. [70 v. 195, § 81.] Sec. 4040. When the state commissioner of common Duty of state commissioner schools, on examination of the enumeration returns of any Son e^°s^ve* district, is of opinion that the enumeration is excessive in number, or in any other way incorrect, he may require the same to be retaken and returned, and if he think it necessary he may for this purpose appoint persons to perform the ser- vice, who shall take the same oath, perform the same duties, and receive the hame compensation, out of the same funds, as the person or persons who took the enumeration in the first instance, and the school fund distributable in propor- tion to enumeration shall be distributed upon the corrected returns. [70 v. 195, § 75.] Sec. 4041. An officer through whose hands the enum- Penalty for making frauds* eration required by this chapter to be returned passes, i^^t returns, who, by percentage or otherwise, adds to or takes from the number actually enumerated, shall be deemed guilty of a misdemeanor, and, upon conviction of such offense, shall be fined in any sum not less than five nor more than one thou- sand dollars, or imprisoned in the county jail not less than ten nor more than thirty days, at the discretion of the court. [70 V. 195, § 75.] TREASURER AND CLERK; Sec. 4042. In each city district the treasurer of the city wtotobe treasurer of funds shall be ex- officio treasurer of the school funds; but if sciw>oifnn^! Sec. 4041. Great care should be taken in the performance of this duty of taking and returning the enumeration, forming the basis, as it does, for the distribution of large sums of money. CITIES OF THE SECOND CLASS WHEN COUNTY SEATS. Skc. 4042. In a city district having no city treasurer other than the eounty treasurer, the board of education is authorized to elect a treasurer 84 OHIO SCHOOL LAWS. Ch. 10, Enumeration, Treasurer, and Clerk. Treasui'er to give bond, and p roduoe funds be counted nd examined. the count}'- treasurer is treasurer of the city funds, the board of education may appoint one of its members treasurer, who shall not receive any compensation for his services ; in each township district the treasurer of the township funds shall be ex-officio treasurer of the school funds ; and in each vil- lage and special district the board of education shall choose its c-wn treasurer. [70 v. 241, § 44.] Sec. 4043. Each school district treasurer, or county treasurer who is es-officio treasurer of a school district, shall, before entering upon the duties of his office, execute a bond, from its own number. If the board does not so elect, the county treasurer is required to disburse the school funds. (FroBi Revised Statutes, taking effect January, 1880) ; Sec. 5841. A surety of the treasurer of school fuDOs, in any school dis- trict organized under the provisions of law, may at any time notify the board of education of the proper district, by giving at least five days' notice in writing, that he is unwilling to '^ontiune as surety for such treas'irer, and ^ill, at a time therein named, make application to the board of ednc^ition to be released from further liability upon his bond ; and he shall also give at least three days' notice in writing to such treas- urer, of tiie time and place at which the application will be made, [70 V. 195, ^v 48.] Sec. 5842. The board of education, upon such notice being given, shall hear tlie appiication. and if, in their opinion there is good reason therefor, shall require the treasurer to give a new bond, conditioned according to law, and to the satisfaction of the board, within such time as they may direct ; and if the treasurer fail to execuie such bond, the office shall be deem< d vacant, and shall be immediately filled as other vacan les there- in; but snch origiLial sureties shall not be released or discharged until the filing of the new bond, or the expiration of the time allowed therefor: and the cost of such application shall be paid by the person making the same. [70 v. 195, ^ 48.] In an action against a surety on a township treasurer's school bond, conditioned for the faithful disbursement of school moneys, a judgment for the defendant will not be reversed, when the pleadings and evidence show a default by the treasurer only as to "township funds" in general items, without specifying that any part thereof was school money. The State V. Corey, 16 0. S. 17. Township trustees have no authority to release a treasurer from his lia- bility for any portion of the school fund belonging to the township. Stat^e V. Williams, 13 0. 495. Sec. 4043. Every officer, on receiving an official bond which by law is required to be filed or deposited with him, shall immediately, on re- ceiving such bond, record the same in a book to be kept by him for that purpose ; and a certified transcript of the record of any such bond shall be taken and held, in all courts and places, as conclusive evidence of such record and prima facie evidence of the execution and existence of saoh bond. '[41 V. 13, § 1-] Treasurer's Bond. — And this whether the treasurer is elected by the board or is serving ex-officio. He must give bond as treasurer of the school funds, though he may have already filed a bond as township, city, or county treasurer. Part First, Title 1, Chapter 1, Sec. 5, Revised Statutes. In no ca«e should the clerk neglect to send to the county auditor this OHIO SCHOOL LAWS. 86 Enumeration, Treasurer, and Clerk. Ch, 10. with sufficient surety, in double the probable amount of school funds that may come into his hands, payable to the state of Ohio, to be approved by the board of education, con- ditioned for the faithful disbursement, according to law, of all such funds which come into his hands; such bond, when so executed and approved, shall be filed with the clerk of the board of education of the district, who shall cause a certified copy thereof to be filed with the county auditor without de- lay; and such board, at the time of the approval of such bond, shall require the treasurer of the school funds to pro- duce all money, bonds or other securities in his hands as such treasurer, and the same shall be then counted by the board, or a committee thereof, in the presence of the clerk of the board, who shall thereupon enter upon the records of the board a certificate, setting forth the exact amount of money or securities so found in the hands of such treasurer, which record shall be signed by the president and clerk of the board, and shall be prima facie evidence that the amount therein stated was actually in the treasury at that date. [70 v. 195, §§ 46, 82 ; 76 v. 16, § 1.] Sec. 4044. The treasurer shall, annually, between the Animal settle. ment by treas - first and the tenth day of September, settle with the county ^y^au^tor ^^^^ " auditor for the preceding school year, and for that purpose shall present a certified statement showing the amount of money received, from whom, and on what account, and the certified copy of the treasurer's bond, as the auditor is forbidden to give a treasurer an order on the county treasurer for a sum which at any time will make the amount in such treasurer's hands over one-half of the pen- alty in his bond. Sec. 4044. If it is evident to the county auditor that the school moneys have been illegally paid out, as they would be if paid to any member of a board of education on any contract with such board, or as an employ^ thereof, it is his duty to refuse the treasurer credit for the same. If moneys have been paid from the wrong fund, as from the school fund, when the law says it must be township fund, the auditor must not allow credit to such orders He should insist on their correction by the board, or correct them himself by proper debit and credit. 86 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, and Clerk, Feaalty for Siilure to make 3uoh settle- aient. Treasurer to re- port balances to board. When treasurer may receive or pay money. amount paid out, and for what purposes ; he shall produce vouchers for all payments made ; and if the auditor, on ex- amination, fijid the statement and vouchers to be correct, he shall give the treasurer a certificate of that fact, which shall, prima facie, be a discharge of the treasurer for the money paid ; and for making such settlement he shall be entitled to receive the sum of one dollar, and also five cents per mile for travel- ing to and from the county seat, to be paid out of the county treasury, on the order of the county a,uditor. [71 v. 9, § 47.] Sec. 4045. If the treasurer of anj- school district will- fully or negligently fail to make such annual settlement with- in the time prescribed in the preceding section, he shall be liable to pay a fine of fifty dollars, to be recovered in a civil action in the name of the state ; which amount, when col- lected, shall be paid into the county treasury, and shall be applied to the use of common schools in his district ; and the county auditor shall proceed forthwith, in case of such failure, to recover the penalty, by suit against such treasurer, before any justice of the peace of the county. [71 v. 9, § 47.] Sec. 4046- The treasurer shall report to the board of education, within ten days after his settlement with the coun- ty auditor, the amount of money in his hands for school pur- poses, and the amount belonging to each fund. [70 v. 195, §46] Sec 4047- No treasurer of a school district, except in cases otherwise provided for in this title, shall pay out any school money except on an order signed by the president and Sec. 4047. The case "othervvise provided for'' is the payment of teachers in the sub-districts on the order of the directors, section 4018. (From revised statutes taking effect January, 1880) : Sec. 6846. Emiezzlement by municipal and scJiool officers. — A member of the council or board of aldermen of any municipal corporation, or an officer, agent, clerk, or servant of such corporation, or of any board or department thereof, or an officer, agent, clerk, or servant of any board of education, who, knowingly, diverts, appropriates, or applies any funds, OHIO SCHOOL LAWS. 87 Enumeration, Treasurer, and Clerk. Ch. 10. countersigned by the clerk of the board of education ; and no money shall be paid to the treasurer of a district, other than that received from the county treasurer, except upon the order of the clerk of the board, who shall report the amount of such miscellaneous receipts to the county auditor ■each year, immediately preceding such treasurer's settlement with the auditor. [71 v. 15, § 83.J Sec. 4048. The auditor shall in no case permit the ^^ ^^.^ ^^, treasurer of a school district to have in his hands, at any funds which - treasurer may time, an amount of school funds over one half the amount ^^^^' of the penalty in the bond of the treasurer ; and before giving such treasurer any order for school funds, he shall re- or a part of any fund, raised under any law, by taxation or otherwise, to any other use or purpose than that for which it was raised or appro- priated, or who, knowinfrly, diverts, appropriates, or applies, any money borrowed, or any bond of the corporation, or any part of the proceeds of such bond, to any other use or purpose thaTi that for which such loan was made, or bond issued, shall be deemed guilty of embezzling the amount so diverted, appropiia^.ed, or applied, and punished accordingly. £66 V. 26 ^ ^ 671 ; 73 v. 116, ^S 1.] Sec. 6847. Selling jmblic property tvith intent io defraud. — Whoever, be- ing intrusted with the care, cnstody, or control, of any property of the state, or of any county, township, or municipal corporation, sells or disposes of the same, for his ov/u use, with intent ro defraud, is guilty of emi-.zzle- ment, and shall be punished accordingly. [6LI v. 19>, ^2.] Sec. 6975. Alembers of boards of education — A member of a bn.ird of education, organized under any law of this state, who accepts or iiHicives any compensation for his services as such member, except as cl -rk, or treasurer of such board, shall be deemed guilty of embezzlement of the amount so received, aud punished accordingly. [70 v. 214, § 67 ] Sec. 7299, Any tailure or refusal to pay over, or to produce, iIh; pub- lic money, or any part thereof, by an oflicer or other person char (-d with the collection, receipt, transfer, disbursement, or safe keeping of i lie pub- lic money, or any part thereof, whether belonging to the state, ov to any y the board of education, conditioned that he will perform faithfully the duties required of him by this chapter, which bond shall be deposited with the clerk of the board of education. [70 v. 195, § 98.] Sec. 4080. The board shall hold not less than two meet- Meetings, and publication of ings each year, notice of which shall be published in some notice. newspaper of general circulation in the district, and the ex- OHIO SCHOOL LA"W3. Ch. 12. Examiners. Examination fee; powers of board. CompeDsation of examiners ; incidental ex- Duties of clerk ; disposition of pense of such publication shall be paid as provided in sec- tion forty hundred and eighty-two. Sec. 4081. Each person who applies to the board for examination shall pay to the clerk a fee of fifty cents ; the board may grant certificates for one, two, or three years, which shall be signed by the president and attested by the clerk, and shall be "\^alid within the district wherein they are issued ; and on the production of satisfactory evidence that a person to whom a certificate has been issued is ineffi- cient, or guilty of immoral or improper conduct, the board may revoke the certificate, and discharge such person from employment as a teacher in the district ; but such teacher shall be entitled to pay for services to the time of such dis- charge. [70 V. 195, § 100 ; 72 v. 114, § 99.] Sec. 4082. The board of education shall fix the com- pensation of such examiners, and the persons called to their assistance, furnish the necessary books, blanks, and sta- tionery for their use, and designate a school building within the district in which they shall conduct examinations, and cause such building to be lighted and heated if necessary ; and such compensation, and the incidental expenses incurred on account of the board of examiners, shall be paid, by order of the board of education, from the contingent fund of the district. [71 v. 107, § 96.] Sec. 4083. The clerk shall keep a record of the proceed- ings of the board, and of such statistics as the commissioner of common schools may require, and shall report such statis- tics to the commissioner annually, on or before the first day of October ; he shall pay the examination fees received by him to the treasurer of the district, within ten days after each meeting, and at the same time file with the clerk of the board of education a written statement of the amount, and OHIO SCHOOL LAWS. 105 Teachers' Institutes. Ch. 13. also a statement of the number of applicants, male and fe- male, examined, and the number of certificates granted, and for what terms ; and the fees paid to the treasurer of the dis- trict shall be applied to the support of teachers^ institutes, as provided in chapter thirteen. [70 v. 195, § 98.] Sec- 4084. The provisions of this chapter relating to Boards of city . - . , . districts of sec- boards of examiners for city districts of the first class, shall "nd class and village dis- be applicable to such boards for city districts of the second *"'^*^' class, and village districts having a population of not less than twenty-five hundred, except that such boards shall con- sist of three members, and may grant certificates for one, two, or three years only, and except also that the examina- tion fees shall be disposed of, and statements filed with the county auditor^ as provided in section forty hundred and seventy- two, in all such districts not covered by the provisions of sec- tion fo7iy hundred and ninety-three. [70 v. 195, § 101 ; 72 v. 114, § 99.] Sec. 4085. No board of county, city, or village examin- who ineligible as examiner. ers shall have more than one member connected with the same school. CHAPTER 13. TEACHERS' INSTITUTES. Section 4086. County institute — how organized, etc. 4087. Payment of institute fund to com- mittee. 4088. Eeport of institute committee. 4089. Forfeiture of committee's bond. 4090. When school commissioner may hold institute. Section 4091. Teachers may dismiss school to at- tend institute. 4092. Institute for city districts of first class. 4093. Institute for teachers of adjacent counties. 4094. Length of sessions; reports of cer- tain institutes. Sec. 4085. The intent of this section is to prevent the appointment of two persons connected with the same school, as members of a board of county, city, or village examiners. Members of the board of educa- tion and teachers are "connected" with the school. 106 OHIO SCHOOL LAWS. Ch. 13. Teachers' Institutes. County insti- tnte — now or- ganized, etc. Payment of in- stitute fund to committee. Sec. 4088. A teachers' institute may be organized in any county, by the association of not less than thirty prac- tical teachers of common schools residing therein, who shall declare their in*tention, in writing, to attend such institute, the purpose of which shall be the improvement of such teachers in their profession ; such institute shall appoint a secretary, and also a committee to manage the affairs of the institute, which committee shall enter into a bond, payable to the state of Ohio, with sufficient surety, to be approved by the countj^ auditor, in double the amount of the institute fund in the county treasury, for the benefit of the institute fund of the county, and conditioned that the committee shall account faithfully for the money which will come into its hands, and make the report to the commissiojier of common schools required by section forty hundred and eighty-eight. [70 V. 195, § 112.] Sec. 4087. The declaration and bond mentioned in sec- tion forty hundred and eighty-six shall be filed with the county auditor, whereupon the auditor shall give to* the institute committee an order on the count}'- treasurer for the amount of the institute fund in the treasury ; and any portion of said fund not disbursed by the committee shall be returned to the county treasury, on the certificate of the county auditor. [70 V. 15, § 112.] Sec. 4086. The only practicable mode of carrying out the provisions of this chapter, and the mode established by'custom throughout the State, is for the teachers of each county to organize a permanent association, knoTfn as the institute. At each yearly session officers are chosen, yrho make the necessary preparations for the next session. These officers are a president, vice-president, secretary, and executive committee. This committee is the legal representative' of the institute. lb usually consists of three members, who enter into bond to faithfully account for the money which shall come into their hands, and make the proper reports to tLie commissioner of common schools. They must see to it that the secretary keeps account of such matters as are required in said report, otherwise they are liable to the penalty stated in section 4088. There seems to be in any county but one county institute organization in contemplation of law. OHIO SCHOOL LAWS. 107 Teachers' Institutes. Ch. 13. Sec. 4088. The institute committee shall, within thirty fjP"e'omm!°'ee: days after the adjournment of the institute, report to the commissioner of common schools the number of teachers in attendance at the institute, the names of instructors and lecturers, the amount of money received and disbursed by the committee, and such other information relating to the institute as the commissioner may require ; and on failure to make such report the committee shall forfeit and pay to the state the sum of fifty dollars. [70 v. 195, § 112 ] Sec. 4089. Upon the forfeiture of the committee's bond, Forfeiture of committee's the prosecuting attorney of the county shall prosecute an ^°°'^- action thereon, in the nam a of the state, and collect any money which the committee may have failed to disburse ac- cording to law, and any penalty to which the committee may be liable under this chapter, and pay the same into the county treasury, to the credit of the institute fund. [70 v. 195, § 112.] Sec. 4090- When a teachers' institute has not been held when school , , . . , J-, • ' c may hold insti- withm two years m any county, the commissioner or com- tute. mon schools may hold or cause to be held therein such insti- tute ; and the management thereof, and all proceedings in relation thereto, shall be the same as hereinbefore provided, except that the written declaration required shall not be necessary. [70 v. 195, § 114.] Sec. 4091. All teachers of common schools within any Teachers may "^ -iwj. ./ dismiss school county in which a county institute is held, except those em- tute. ^° ployed in city districts of the first class, may dismiss their schools for the purpose of attending such institute, for the Sec. 4091. Professional spirit should lead teachers to attend their county institute, though such attendance does not longer pass as a weeli's teaching when pay day comes. Directors are by this section deprived of any right to object to the teacher's dismissing school for one week for the purpose of attending the institute. 108 OHIO SCHOOL LAWS, Ch. 13. Teachers' Institutes. week in which it is held; and boards of education of city dis- tricts of the first class situate within such counties may, by resolution, extend the privilege specified above to the teachers employed by them ; but no union or graded school shall be dismissed for such purpose unless a majority of teachers employed therein assent thereto. [70 v. 195, § 117.] Institute for g^Q, 4092. The board of education of each city district city districts of •' of the first class may provide for holding an institute yearly, for the improvement of the teachers oi the common schools therein ; the expenses of such institute shall be paid from the institute fund provided for by section forty hundred and eighty-three ; if the board of any district do not provide for such institute in any year, it shall cause the institute fund in the hands of the district treasurer to be paid to the treas- urer of the county wherein the district is situate, who shall place the same to the credit of the county institute fund, and the teachers of the schools of such district shall be entitled, in such case, to the advantages of the county institute, subject to the provisions of the preceding section j and the clerk of the buard shall make the report of the insti- tute required by section forty hundred and^ ninety -four. [70 v. 195, § 118.] Institute for ^Ec. 4093- An association of teachers of several adja- teachers of ad- jacent counties, cent counties may organize an institute for the specific pur- pose of providing for the professional instruction of the teachers of the graded schools in such counties, and the the boards of all city, village, and special districts within such counties may contribute from the institute and contin- gent funds under their control to defray the expenses there- Sec. 4093. The various associations, as North Eastern, Central and Eastern Ohio Teachers' Association, may enjoy the benefits of this section, as under sec. 401)4, they are not required to continue four days; but they must make report as directed in that section. OHIO SCHOOL LAWS. 109 Cincinnati and Toledo Universities. Ch. 14, of, and may permit teachers employed by them to attend the institute one week ; and such institute shall appoint a secretary, who shall make the report required by the next section. [70 v. 195, § 1 19.] Sec. 4094. All institutes held under the provisions of length of aes- ■^ sion ; report of this chapter, except the institute provided for by section tutee!"^ ™^*'' iorty hundred and nine-three^ shall continue at least four days ; and a report of each institute held in pursuance of the provisions of sections /or<2/ hundred and ninety-two a.nd forty hun- dred and ninety three, shall be made to the commissioner of com- mon schools, within thirty days after the adjournment thereof, which shall state the number of teachers in attendance, the names of instructors and lecturers, the total expenses of the institute, and the portion thereof paid from institute funds, and such other information relating to the institute as the commissioner may require. [70 v. 195, §§ 113, 115, 118.] CHAPTER 14. CINCINNATI AND TOLEDO UNIVERSITIES. Section 4095. Common council of Cincinnati may accept educational trusts. 4096. How trust fund-i to be applied. 4097. Trusteeship to vest in city, etc. 4098. Board of directors— how appointed, etc. 4099. Powers of board. Section « 4100. Citizens not to be charged for ad- mission of children. 4101. Accounts and expenditures. 4102. When board may confer degrees. 4103. Site and grounds. 4104. When and how tax may be levied; 4105. Provisions of chapter applicable to city of Toledo. Sec. 4095. The common council of the city of Cincin- common coun- • • 1 T 1 1 !/• c Ai -J. cU of Cincinnati nati, m the name and behali oi the city, may accept and mayaccepteda- cational trusts. take any property or funds heretofore or hereafter given to the city for the purpose of founding, maintaining, or aiding a university, college, or other institution for the promotion of free education, and upon such terms, conditions, and trusts, no OHIO SCHOOL LAW3. Ch. 14. Cincinnati and Toledo Universities. How trust funds to be ap- plied. Trusteeship to vest in city, etc. not inconsistent with law, as the common council may deem expedient and proper for that end. [67 v. 86, § 1,] Sec. 4096. For the further endowment, maintenance, and aid of any university, college, or institution for the pro- motion of free education heretofore or hereafter so founded in said cit}^, the common council thereof may, in the name and in behalf of the city, accept and take, as trustee, and in trust for the purpose aforesaid, any estate, property, or funds which have been or may be lawfully transferred to the city for such use, by any person or body corporate hav- ing the same, or any annuity or endowment in the nature of income which may be covenanted or pledged to ihe city toward such use by any person or body corporate ; and any person or body corporate having and holding any estate, property, or funds, in trust or applicable for the promotion of education, or the advancement of any of the arts ,or sciences, may convey, assign, transfer, and deliver over the same to said city, as trustee in his or its place, or covenant or pledge its income, or acy part thereof, to the same ; and such estate, property, funds, or income shall be held and ap- plied by such city in trust for the further endowment or » maintenance of such university, college, or institution, in accordance, nevertheless, with the terms and true intent of any trust or condition upon which the same was originally given or held. [67 v. 86, § 2.] Sec. 4097. UiDon such transfer, and the acceptance thereof, the city and its successors, as trustee, shall become and be perpetually obligated and held to observe and execute such trust, in all respects, according to any further terms and conditions ^awfully agreed upon at such transfer and acceptance ; and any court having jurisdiction of the ap- pointment of trustees of such trusts for educational purposes OHIO SCHOOL LAWS. Ill Cincinnati and Toledo Universities. Ch. 14. may, in any proceeding for that purpose duly instituted and had, appoint and constitute said city, with the consent of the common council thereof, trustee of the estate, property, and funds so transferred to it, and may dispense with the bond or surety on the part the city for the performance of such trust, unless the same is required by the original terms or conditions thereof, and shall, upon the due transfer and acceptance of such trust by the city, release and fully dis- charge the trustee or trustees so transferring the same. [67 V. 86, § 2.] Sec. 4098. The custod}^ and management of any and Board of direc- tors— how ap. all estate, property, or funds so given or transferred in trust pomted, etc. to said city, and the entire administration of any and all such trusts so accepted by the common council thereof, and any university, college, or institution for the promotion of education, heretofore or hereafter so founded in or by said city, except the common and high schools thereof, shall be committed to a board of nineteen directors, of Avhom the mayor of the city shall be one, and the others shall be ap- pointed by the common council, six of whom shall be ap- pointed from persons of approved learning, discretion, and fitness for the office, citizens of the city, to be nominated to the common council by the board of education of the city ; the term of ofhce of such directors shall be six years, but of those first appointed three shall be appointed for one year, three for two years, three for three years, three for four years, three for five years, and three for six years, from the first day of January next following their appointment; such directors shall serve ui.til the election and qualification of their suc- cessors; and any vacancy in the board, caused by expiration of term, resignation, removal, or other cause, shall be filled 112 OHIO SCHOOL LAWS. Ch. 14. Cincinnati and Toledo Universities. Powers of board. Citizens not to be charged for admiseioB of children. by appointment as herein provided, for the unexpired term. [67 V. 86, § 3.] Sec. 4099. As to all matters not herein or otherwise provided by law, the directors stall have all the authority, powers, and control vested in or belonging to said city, as to the management and control of the estate, property, and funds given, transferred, covenanted, or pledged to the city for the trusts and purposes aforesaid, and the government, conduct, and control of the university, college, or institution so founded ; they may appoint a clerk, and all agents proper and necessary for the care and administration of the trust property, and the collection of the income, rents, and profits thereof, may appoint the president, professors, tutors, in- structors, agents, and servants necessary and proper for such university, college, or institution, and determine their com- pensation, may provide all the necessary buildings, books, apparatus, and means and appliances, and pass all such by- laws, rules, and regulations concerning the president, pro- fessors, tutors, instructors, agents, and servants, and the ad- mission, government, and tuition of students, as they deem wise and proper ; but they may, by suitable by-laws, dele- gate and commit the admission, government, management, and control of the students, course of studies, discipline, and other internal afiairs of such university, college, or institu- tion, to the faculty which the directors may appoint from among the professors. [67 v. 86, § 3.] Sec. 4100. The citizens of said cit}^, whose children, wards, or apprentices are admitted to such institution, shall not be charged for such admission, and no charge shall be made for the instruction of such pupils. [67 v. 86, § 3.] Sec 4101. The accounts of such trust estate, property, and funds, and of the income and expenditure thereof, shall OHIO SCHOOL LAWS. IIS Cincinnati and Toledo Universities. Ch. 14.. be kept by the city auditor entirely distinct from all other ^'^^^'^u-e^' accounts or affairs of the city, and the moneys shall be kept by the city treasurer distinct from other moneys ; and the directors shall at all times confine the expenditures within the income of the trust estate, property, and funds, and shall annually report to the common council a full statem'^nt of the accounts and administraton of such trusts. [67 v. 86, §B.] Sec. 4102- The directors of such university, college, or when board. may coater institution may, upon the recommendation of the faculty degrees. thereof, confer such degrees and honors as are customary in universities or colleges in the United States, and such others as, with reference to the course of studies and attainments of the graduates in special departments, they may deem proper. [67 V. 86, § 4.] Sec. 4103- The common council of said city may s«t gitaandii grounds. apart and appropriate, as a site for the buildings and grounds of the university, college, or institution so founded, any public iirounds of the city not specially appropriat. d or •iedicated by ordinance to any other use or purpose, any law U) the contrary notwithstanding. [67 v. 8Q, § 5.] . Sec 4104. The V)oard of educition of the city may, whenaudhi.w tax ma.v b« upon the application of said board of directors, assess and levied levy a tax on the taxable property of the city not excending one tenth of one mill on the dollar valuation thereof, to be ap- plied by the board of directors to the support of such univer- sity, college, or institution ; and the beard of education shall also asMS"? and levy, annvMly, not less than three hundredths nor m 'ire than fivehundredth-^ of one miJ.l nn the dollar of sifh valu if ion for the ebiahli^hment n.nd nviliit^nant'e of an astronoinicnl oh-^eron- iory. in connfction loiih sifh ii,nioersity, college, or in^fifuAi'm,, the 'proceeds of whi'-h --ihall he jtaid to ihe hoirdj of director, a,yi^ Si aJ aa _ft la GO 'P< ■S O Ci ft is +=> P3 o O 2^ c3;3 ®^ !- e 33 > a -2 ® >»® ^« ® *^ ^§ o 13 "^ .S o o tv §38 O o o rt ® ^3 « *.s t>sO js :=3 2^ ® ft ® ^ o H >? 43 rC) > ^i>g to C a 2 « fe-S 53 o fci -^.2 ° J5 1^ -t^" •1-1 Q (i-^ p oi'd >§^| a, a ° ra ft:S 2 >^^ o rt a ® ra 03 gas 140 OHIO SCHOOL LA.WS. w * f Oh * 1" Oh : i * 4 a, * r r Whole No. of white aud col- ored unmar- ried youth of both sexes be- tween the ages of 6 and 2 1 y 'rs in eachsub -dis- trict. a o I "o u o p 03 g o .2 a Em ■ 35 Number of white youth. 1 Female. ,2 a Xi O ® c. g a 12; 1-1 (^j eo ri< ic ^ O- - - - V. k O IB- - >. » .- Q a 43 o ^•^ t< a •2 si ■- O S- o .a g = t; C-l CO ^, « ID ^ o 5 S § ■^ a, =-S rcj.a S"* a -^ c .S< \^r-iw a-« e.g. 03 ~ +3 -^ 83 S 43f— a 1 1-^ o a g •-^ ° 5.S.2 43 „ ^^ 5> O «3 03 "S 75 «s fcci3 c^:s sis a-= ».i.2 t- ^ r- ^ O O ■ O 43 °^ 03 =3 ji "S js a-^ >» = o St .b c« a ■" "S -^ '• a ^ _ cS O ^ ® JS = .= d^ a >>>'"' ® .-: i! oD , ^ ,^ C5 03 C 'l- rr-( a 03 S- ^ tJ « 03 a ri ^ g ccj a ® '^ "2x! - — ' s ^ ^ jz " 43 a 'C J3 !S ^ -S 2 » 33 _ ^ 2 •S ^ ^ j:; S •- a - 03 ™ X c8 a ^ ■ .o ^®<*i; a S -. p o a= ^ ' — '- f- s^ -a S •S-a 8 o c |-g.2 X - 03 &_, 5 '-I -S ii pj r1 TS 43 4i 00 ^ 'S t^ ^ .- = "-5 ^ ^ a ® g - - -a o «- 2-"f^-g2*^« ® iS^^oa43 _ E,oo«s.2a„a ®>ag.S^-S§0 a o) 33 S-=^a iH43i — ' ^^l«!'o=^2a3S . 03'^a2®o®=s'*-» ®-2.2=803«2-g ^t'-S^ t!S a.® a e H2l|^l-a2§ 0.22 - - ® o E OHIO SCHOOL LAWS. 141 Number in Connecticut Western Eeserve. Number in United States Mili- tary District. Number in Virginia Military District, Whole number of white and colored unmarried youth, of both sexes, between the ages of 6 and 21 years in each township. S3 O _o o o 6 ^ 2 to XI ® a ® CD ' ' ' I ' 1 ■ i I i 1 . • ! I 4 O « (4-1 o o 1^ a ® I 1 1 1 I 1 I 1 1 . CO Is 1" CD 'E^ ■ r-( (£ s-^ tM IE ® Sworn to before me and signed in my presence, on this day of , A.D., 18 — . Township Clerk, XXXIX. CERTIFICATE OF TREASURER'S BOND. Tq the avMtor of county : 18—. It is hereby certified that ■ — has executed and filed with me a bond for the faithful disbursement, as a treasurer of township, county, of all school funds that may come into his hands as such treasurer ; which bond, dated April — , 18 — , is in the penalty of dollars, and has been approved by the trustees of said town- ship. > Cleric of said townahip. Note. — The above can be altered bo as to apply to the bond of the treasurer of a sep- arate school district. OHIO SCHOOL LAWS. 143 XL. TREASURER'S BOND. Know all men hy these presents : That we, ■ ■ -, as principal, and as sureties, are held and firmly bound unto the state of Ohio, in the sum of • dollars, to be paid to the state aforesaid, for the payment whereof well and truly to be made, we jointly and severally bind ourselves, our heirs, executors and administrators firmly by these presents. Sealed with our seals, and signed by us this • ~ day of , A. D. eighteen hundred and . The condition of the above obligation is sach that, Whereas, the said has been duly chosen and qualified as treasurer of the board of education of the* district of , in township, '" county, and state of Ohio, fo r the term of one year from the — day of April, A. D. 18 — , and until his successor is chosen and qualified. Now, if the said shall faithfully disburse, according to law, all school funds which come into his hands, then this obligation will be void ; otherwise it will be and remain in full force and effect. [seal.] ■ , [seal.] — , [seal.] * = The above bond approved by aaifi board. Attest : President of said hoard. Clerk of said board. The state of Ohio, eounty, — — ^— — township, 88. : Before me, t , personally eame , who, being duly sworn, according to law, says that he will support the constitution of the United States, and the constitution of the state of Ohio ', and that he will perform faithfully his duties as streas- urer of the board of education of the * district of , in township, — — — county, Ohio, during his continuance in said office, and until his successor is chosen and qualified. > Sworn to before me and signed in my presence, on this — — ~- day of A. D., 18—. of said board. XLI. CLERK'S BONDS. Know all men by these presents : That we, -^ as principal, and as sureties, are held and firmly bound unto the State of Ohio, in the sum of — dollars, to be paid to the state aforesaid, for the payment whereof well and truly to be made, we jointly and * Here write "village" or " special," as may be. tThe oath maybe administered by the clerk of the board, or any of its members. Here write (using correct name) " A. B., clerk (or, a member) of the board below named." 144 OHIO SCHOCL LAWS. severally bind ourselves, our heirs, executors and administrators firmly by these presents. Sealed with our seals, and signed by us this day of A. D. eighteen hundred and — . The condition of the above obligation is such that, whereas, the said has been duly chosen and qualified as Clerk of the Board of Education of * District of , in township, county, and State of Ohio, for the term of one year from the day of April A. D. Id — , and until his successor is chosen and qualified. Now, if the said shall faithfully perform all the official duties required of him as Clerk of said Board, then this obligation will be void : otherwise it will be and remain in fall force and effect. [seal.] , [seal.] , [seal.] . The sureties on the above bond, and its amount, approved by said Board. Attest : President of said Board. Clerk of said Board. . The State of Ohio, County, ■■ ToicnsM]}, ss. .• Before me, t personally came ■ — — j who, being duly sworn according to law, says that he will support the Constitution of the United States and the Constitution of the State of Ohio ; and that he will faithfully discharge his duties as Clerk of the Board of Education of the * District of , in Township, County, Ohio, during his continuance in said office, and until his successor is chosen and qualifit-d. Sworn to before me and signed in my presence, on this day of A. D. 18—. -of said Board. XLII. TOWNSHIP CLERK'S BOND. Know all men l)y these presents : That we, as principal, and as sureties, are held and firmly bound unto the State of Ohio, in the sum of dollars, to be paid to the state aforesaid, for the payment whereof well and truly to be made, we jointly and severally bind our- selves, our heirs, executors and administrators firmly by these presents. Sealed with our seals, and signed by us this day of A. D. eighteen hundred and — . The condition of the above obligation is such that, whereas, the said has been duly elected and qualified as Clerk of Township, * Here write " village " or "special," as may be. t The oath may be administered by the outgoing Clerk of the Board, or by any of its members. Here write (using correct name) " A. B., Clerk (or, a member) of the Board below named. OHIO SCHOOL LAWS. 145 Countyj and State of Ohio, for the term of one year from the day of April A. D. 18—, and until his successor is elected, or appointed, and qualified, and is therefore ex- officio Clerk of the Board of Education of the township district of said township. Now, if the said shall perform faithfully all the official duties required of him as clerk of said Board, then this obligation will be void; other- wise it will remain in full force and effect. [SEAL.] [seal ] [seal.] . The sureties on the above bond, and its amount, approved by said Board. Attest : President of said Board. Cleric of said Board. The State of Ohio, County, Township, ss. : Before me, , Clerk of said Township, personally came , who, being duly sworn according to law, says that he will support the Constitution of the United States and the Constitution of the State of Ohio ; and that he will faithfully discharge his duties as Clerk of the Board of Education of the Town- ship District of Township, County, Ohio,' during hia continuance in said office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on this day of A. D. 18—. Township Clerk. XLIII. REPORT AND CERTIFCATE OJ^ SCHOOL FUNDS IN TREASURY. We hereby report and certify that we this day, in the presence of the clerk of the board, counted all the money, bonds and securities in the hand of , Treasurer of township [or disiricfi and find the sum of dollars [and bonds and other .securities amounting to dollars] of school funds in hia possession. In accordance with the above facts, and in cnnipliance with law, we hereby certify that the said sum of dollars [and bonds, etc., in value amounting to ■dollars] school funds were in the treasury on this day of , 188 — ; and that we have directed the clerk to enter upon the records of the board a copy of this repor (Signed.) Board lor Committee.'] Atfesi , President. , Clerk. [Chapter 10, seo!io!-, WV.] ] 10 146 OHIO SCHOOL LAWS. XLIV. FINAL EECEIPT OF TOWNSHIP TREASURER. Received, -, 188— of -, late treasurer of county, the following moneys and school property, to-wit : being part and parcel of the fund, also, etc. township, — dollars. Treasurer. XLV. FINAL RECEIPT OF TOWNSHIP CLERK. Received, -, 188—, of -, late clerk of township, the school money account-book, the record book of the township board, the copy of the school laws, the certificate and reports of teachers required by law to be fi.led in bis office, and the other ofScial books and papers relating to schools, in his hands. Clerk o/ said Board. [Chapter 10, section 4054.] Note. — The incoming clerk should be specially careful to receive all the books and documents specified in the above receipt. This form can readily be altered to answer for any other district. OHIO SCHOOL LAWS. 147 ® Hr-, ■2o s ® OH H ftoo ^ ^ l-H ;> o 1 J M H 1 •^aeeq'B 1—1 •(;a9S9jd Sif'Bp T'BJO.T, •-I "H 1-1 ff* i-H I-l I-l I-H ^ CO ire T^ ^ Iffl Tt< lO LC -tl'iO'* O \ri 1* 'r-( «3 3i 02 j : 1 J J • I : : : : ^ fM 1 M « MM MM M M-- 43 1 MM MM M M M »l&i ;: MM MM M M M ^ j H { « H M ; MM M M M '^ ] S [ M X MM MM : w 1* ■>> 1 w j ; ; : : ;;:;:: '-< j &H j K^ M MM MM^Mr^M ;? 1 Eh i t^ !^ MM M ; M M M M ^ !^ ir>M MM M"~-MMMM 1 ?{JE-i MH^MM MMMMMM 1 1 g|S|HMMM><) M, MHW^-- 1 o ■^ io^ ! ! I I ! ! ! 1 1 1 1 i^ ife XMi^H; MMM;MM Si^ WM;,^; M— m|(^M ?5i^ MKMK k!X!«l W- ;?iH HHM ■ ; .M^-^ :M : 5* 1 S MMMM; MKM;><|; HCM . . . ■^ M Tr CO > L.-; ro u': Li . 1 to — I 1 2 1 =o 1 : ; : : : :;:::; i X 1 r 1 • ^ • C:|£:|— 't^ix): t^ ^ \^ ^^ '• '. '. 2i& ■~M>> -r oo ^ in o i| ftcS Names of pupils. Charles Ames.. Willis Ames .. . John Brown .. . |i s^UU ® o 2 ^ S - §^ is 5 ^ 5 II •ON 1 T-io*r<-i "Stir; .aoo50.— 4) © oo "^ Pl T3 rd ■" ' S °o ft - ^ ft'fl.2'^ ^ .rH a 00 rt .2 g^ p^ ® ° - fcj 03 C3 CD <35 J ® ^ C8^ a - P « .^®o g.2.2^^-|| S'§3«i5g P^.2 O .2 p,rd 0.2 P,'d O — . >-, ® • 2; -^ p « >,^ .^ a , ® p ® C« 45 'U >-i< » TO -J PZ- -Jo* be O c8 5; tJO O c8 i § «, H ^ O'tS c3 o c8 o a fc- ja K^**-! tH 148 OHIO SCHOOL LAWS. XLVII. TEACHER'S Term Register of Sub-District School No. For the term commencing — Term OF 1 Names of pupils. < "o o t +s ■A e a a< A % % Q £ 50 V u p4 CD >s cS O d d « CD §» n3 5m O d 12; 1 a Branches i Pupils enrolled previous t (See " Direction" 4.) a < • l-C t 02 ise a 1 Male. 1 ! X ! . ■ 1 1 1 j L.-.j.... 1 ' 1 ! ' i __ j 1 1 , 1 . 1 ' 1 1 \ ' ^ , 1 Totals : I ! i DIRECTIONS TO TEACHERS. 1. Xavies of pupils. — Arrange the names of pupils in alphabetical order. wiTh at least one blank line between the names of the tTvo sexes. 2. Days present. — Write in this colnmn the number of days eacli pnpil was in attend- ance during the year. 3. Day>! aisent. — Eeport only the number of days the pupil was absent while a mem- ber of the school. Do not count the days before he entered nor afier he was withdrawn. 4. Pupils enrolhd previous term. — If th- report !.-( made for tho spctMid or hnal term of the school year, place a check-mark (s) in ibis colinnu oppo.siie llie naiues of all pupils enrolled the previous term. If the report is made for the lir.-tt *eun t.f the school year, tkis column is not to be filled, .since the " previous term " in that case woidd not be in the cu)Tent year. OHIO SCHOOL LAWS. 149 TERM REGISTER. 18 — , and endinp^ School Year. -, Township, County, Ohio. , 188—. of study pursued. Remarks. 1 -a 1 1 n ® a 1 g •s 1^ O . u g a 1 ■bjo a i on 5 O a o O 1 6 •E5 a IS o o 1 a i 5 General summary. No of pupils enrolled. Male. Female. Total. • - .. ... . .. .. .... .... • «<■ • .... .... .... — .... .... .... .... .... .... No enrolled previous term. (For 2d term.) Male. Female. TotaL Average daily attend'ce. Male. Female. Total. .... .... - 1 .... Average daily absence. Male. Female. TotaL .... .... .... .... .... .... .... .... .... .... ---• .... .... — .... .... Average age of pupils. ...» .... .... Male. Ferns le. TotaL Name of author of text- book. .... * * Keadii Spellir WritiE Iff : ..... ...... Iff: ....... s- — • 5. Branches of study. To denote that a pupil pursued a given branch of study, place a figure one (1) in the proper column, opposite the pupils name. If he pursued the same study the previous term of the current year, place a figure two (2) in the proper column. Under the head of " alphabet " mark those pupils that received their ^rs* lea- son in reading, whatever the mode of teaching. By " oral lessons" is meant all regular oral instructiori, whatever the subjects thus taught ; book lessons are not included. 6. Rule for finding the average daily attendance.— kAA together the number of days the different pnpils were in attendance, and divide the sum by the number of days the school was in session. The average daily absence is found in a similar manner. 7. Rule for finding the average age of jjitpiZs.— Divide the sum of the ages of all the pupils by the number of pupils. 150 OHIO SCHOOL LAWS. O -(^ . § I ©00 OS IB « Remarks. 1-5 go ll 1 33 >> to «M o » P5 "Bjq9§[Y : : •vfioasiq -fi '[\ : 1 oisnin T^ooA ^ 1— I^Ji-< 1— li-ll-fi-lT-l;— IIO 1 •SnTAYBJa 1 1 •UOT'^TSOdniOQ I Ic* 1-1 OJ c.<^ :-< <£> •SnOB89X fBIQ C>It-I I i i ^ ; j^ . •^ •j-BmraBiS qsnSng; 1-1 i-( c*o* : CC •j£qd'Bi§09Q (?lT-(r-l Oi OJ I c;* CO •01!).91Iiq:^TJ'B U9:j!}TI^ iCJ jl-l ,-1 S^?} T-l CD •0T!^9raq!;TiB x'B^ngpi r~{ «(M I (?* ! 1 1-10* CO •§npT.Tj5^ T-k iiJi^r-l CQ (?*!?} r-IO* OS •Suni9dg Si T-H !^( c? ,-1 oi --I « :m T-4 csi I— 1 •Snip'eea CQrHSlOiT-l . r^ 05 » Oi o lO CO 'S" ■^ o r-(i-4 1-H !>lT-li-4rHi-(i-l CO •9§Y T-l tH 1— I r-i 1— I .— ( 00 1-1 s "o 1 is . CO OB 9i o fl a: Kl^ £ c '£ 1 > C < cS •-5 1 c C o £ C c > Sarah Bell..... Totals •OM r^CN o: Tt lo «5 l^ QO cr o T-l y-t u o > fi^ u « - a , 1 IS CO 1 S o 1 "3 1—1 s to ,2 lO 1 6 o GO s S3 3Q o o M H c Ph o CQ E-T W cb <^ Q Eh O w OP ,« o o rO -i k! «< -* " m ® ^^ -^ CD i> O II >: : : i i ^C P t a ( 1 SQ I t < e o ® 3 I 2 p »s ■ ■ ' ^ a .2 ' *3 ' 5111 e O -f3 , ^ E3 i S ILsS;; 2c3 : : PQ 5gl1« M O Sh O OoQt>t 3 ^ CO rf 0» M ® 'H o5 O .^ K Ph i-(i-lrH05CO«5;OTl> 1—1 »-< >^ 3 ' • -(^ oo ...!'-*= ® ; ei O . : : . a a :g ^ : : : ."5 o ^1 t>s ti a -■3^3 tiO pq ■§.2 .2 .3-^ Is:! - r!3 r-< +j -» •a i=0 '^ 152 OHIO SCHOOL LAWS. TEACHER'S REPORT TO THE TOWNSHIP CLERK— Cmwhided. DIRECTIONS TO TEACHERS. 1. School Year. — The school year begins on the first day of September and ends on the last day of the following August. Two terms (or quarters) of school are usually taught each school year in each sub-district. The second term should close on or before the last day of August. 2. Names of Pupils. — Arrange the names of pupils in alphabetical order, with at least one blank line between the names of the two sexes. 3. Days Present. — Write in this column the number of days each pupil was in attend- ance during the term. 4. Days Absent. — Report only the number of days the pupil was absent while a member of the school. Do not count the days before he entered nor after he was with- drawn. 5. Pupils Enrolled Precious Term.— If the report is made for the second or final term of the school year, place a check-mark (X) in this column opposite the names of all pupils enrolled the previous term. If the report is made for the first term of the school year, tTiis column is not to be filled, since the "previous term" in that case would not be in ih« current school year. The number of pupils' names thus checked (X) should be entered in the "Recapitulation and General Report," in the columns headed "Ko. of Pupils Tivice Enrolled." 6. Branches of Study, — To denote that a pupil pursued a given branch of study, place a figure one (1) in the proper column, opposite the pupil's name. If he pursued the same study the previous term of the current school year, place a figure two (2) in the proper column. In making a report for the second term, give in the columns headed ^'Both Terms," the number of pupils that pursued the same study both terms of the school year. An occasional exercise in a given study should not be considered. 7. Alphaiet. — Under this head report the number of pupils that received their first lessons in reading, whatever the mode of teaching. 8. Oral Lessons. — Include all pupils that received regular oral instruction, whatever the subjects thus taught; book lessons are not included. 9. Befniarlcs. — Opposite each name enter a "remark," stating from what school the pupil was received, if registered in another school in the same township or district, at any time during the school year; or what school he entered, if transferred or withdrawn during the year. The object of these remarks is to show in what school the pupil was lust registered. 10. BuJefor Finding the Average Daily Attendance. — Add together the number of days the di&erent pupils were in attendance, and divide the sum by the number of days the school was in session. The average daily absence is found in a similar manner. 11. Bule for Finding the Average Age of Pupils. — Divide the sum of the ages of all the pupils by the number of pupils. 12. A School Weelc shall consist of five days, and a school month of forir school weeks. (Chap. 9, sec. 4016.) 13. Teacher's Board. — If the teacher "boarded around," or if his board was paid for by the district in addition to his wages, the answer to the question on this subject will be "yes;" if the teacher boarded himself, the answer will be " no." 14. School-houses and Apparatus. — An estimate of their value can easily be obtained of the directors of the sub-district. Report to the township clerk, on a separate piece of paper, the condition of the school-house, school furniture, and school apparatus (outline maps, etc.) ; also, the repairs needed. OHIO SCHOOL LAWS. 15S [•sigajSi. B UT e^up xooqos jo jgqran^ i : : : : ; 1 • : i ! ' Number of weeks schools were in session. 1 : : • : i • : ■miQ^ P5 •niI9!^ f)8X 6 1 § 1 •a'B9j£ 9q!) loj i^^ox ■9X'Bra9j^ •9i«H •niJ9^'pnoo9g •QX^ragj •8IBH •raJ9!J ^SIT^ •9X'BOT9J •91BK <» 1 ft 1 ('8nO]!|.!>0Jip998) ja9iii{pjne 9nix •oXBuigj •QI^H 1 INN (•8n01!}09Iip 99g) •p9{X0Ja9 9omx •9i'Bca9^ •9IBM •J'89l 9^'^. JOJ XB*OX •ei'sms^ ; •91BH •raj9:|. pnoo9g •91-81119^ i i M : I •9[13H •OU9:). ^811^ ■9X«ra9j •ei«H i : : : ; J : : 1 30 += o •c '5:: 02 tr 5 -sS High School ....... . . . . Colored School „„. .. 1 1^54 OHIO SCHOOL LAWS. TOWNSHIP CLERK'S ABSTEACT OF achers 1(4 'a o 1 1 afferent persons eni- as teachers. (Di- .7.) Sab-districts. 5 -a 'o o O iE CO S § 1 ® s > Alphabet. Reading. C8 ftp I3 2 -O 21 h . s Z5 5^ Sub-district No. 1 " '-' 2 - " " 3..... 1 it a 4 ... .... — ...J-.- High school .... .. Grermaii and English school Colored school . ..^. Total — i ! ! ! j DIRECTIONS TO TOWKSHXP CLERKS. The first step in preparing the anmial '-report of the board of education to the county auditor," is to make a complete abstract of the teachers' reports of the several sub-dis- trict schools. To aid township clerks in ma.king such an abstract, the above blank has been prepared, with separate columns for each term or quarter, and also for the year. The reports of the school in sub-district No. 1 should be copied on the first line : sub- district No, 2 on the second line, etc. In case there are two terms of school during the year, the report of the first term (fall or winter) should be copied in the several columns headed '^ first term,'" and the report of the second term in the column headed ^'second iermJ' The returns for the two terms will give the ^' total for the year." OHIO SCHOOL LAWS. SUB-DISTRICT TEACHERS' REPORTS.— ConcZw^ed. 165 Number of pupils in eacli branch of study. (Additional columns may be ruled for other branches, if needed.) Spelling. Writing. Mental arithmetic. Written arithmetic. Geography. English grammar. .at; a rH 1- 33 IC 1— t a a i-i .. ^ . . Balance on hand September 1, 188 — OHIO SCHOOL LAWS. 157 W o < o % .:z; <: ^; s < Q H ,a -J o -S3 (*) -8 (^i nOT!^09Jip 99g) •j'Bai! 9q:^ Snuup uoie -S9S Til 9I9At BIOOqDS •8q:jp9jp -anu •SJI99Ai ("9 noi!^ -a0jnp 09g) '8i9qoB9q. pgpi^oq I'Bq:}. e:joij:^8ip-qns JO J9qnin^ -g ('9 aopo9jip e9gj HiiQgii anoj jo q^aoTO jed ejeqoBeij JO S9SV.M 9.'§'EI9AY "Q •9xuai9^ •9[BH ('9 -aoi^josjip 99g) •p»j£oi(irae 8.i9qoB9q. ^tusj.9ffvp JO .T9qnmjs[ -^ •9[em9^ •9IBH •mox -ip ft'dg; '9oat!pn3j •aiBHia^fi -IT! .^yiTip a.SB.i9Ay -j; •9IUH (■g uor:^09iip 99g ; pe|xo.in3S[idud •1840X •9[BIX19^ ■9[T5H (•g U0T109JTP 99g) ■diqenifl.o::i, ui S(ooqos jo JQqnin^ "l *» 158 OHIO SCHOOL LAWS. SUB-DISTKICTS, SCHOOL-HOUSES, APPARATUS, ETC. 1. Number of sub- districts in township: Single, — ; joint, — ; total (Joint sub-districts to be reported only in township in which school house is located.) 2. Number of sub-districts that contain a graded school of two or more departments (see direction 2) .-.. 3. Number of school days in a week 4. Number of school-houses erected during the year .......... 5. Cost of the same - - - - $ 6. Whole number of school-houses in township 7. Total value of school-houses and grounds $ 8. Condition of school-houses. 9. Value of school apparatus ...... .. .$ 10. Condition of school apparatus. 11. How were colored youth of school age (if any) in the township provided with school advantage ? (Answer will be " by separate schools," or "by admission to common schools," or " Were not provided.") 12. Amount paid by the board for their instruction in separate school, if not admitted to the common schools - $ BRANCHES OP STUDY TAUGHT AND NUMBER OF PUPILS IN EACH. Branch of study. Alphabet Reading Spelling ..-- Writing Mental arithmetic Written arithmetic .. Geography English grammar Composition Drawing Vocal music Map dra wi ug Oral lessons United States History Algebra Physiology Physical geography ... Natural philosophy . .. German No. of pupils. Name ot author of text-book. PRIVATE SCHOOLS. (These items are not required to be reported by law, but clerks will greatly oblige the Commissioner by reporting them as fully as possible.) 1. Number of private or select schools in township 2. Number of teachers employed therein 3. Number of weeks these schools were in session during the year OHIO SCHOOL LAWS. ' 159 4. Number of pupils enrolled: Male, ; female, : total. 5. Branches of «cudy taught. / certify the foregoing to he correct. By order of the Board of Education : -, Ohio, , 188—. -, Clerk. EXPLANATIONS AND DIRECTIONS. The accompanying blank mast be filled out and forwarded to the county auditor on or before the first day op October. Clerks are instructed to fill the blanks in accord- ance with the following directions : 1. RECEIPTS AND EXPENDITURES. By "Irreducible School Funds" is meant all funds received from the State as interest on the Virginia Military, United States Military, or Western Reseri'e School Funds, and the rent of or the interest on the proceeds of the sale of " Section Sixteen." All money paid by non-reaident pupils for tuition in any school in the township must be reported under the head of Beceipts. All school moneys paid by the adjacent townships for the support of a joint sub-dis- trict school, must be reported by the respective boards of such townships, as a separate item, under the head of Expenditures, and the moneys thus received from the adjacent townships by the board having charge of such joint school, mast be reported by said board as a separate item, under the head of Receipts.* All claims upon the school liind fur espaases incurred daring the school year, should be settled, aud order.4 drawn upja the treasurer for their payment ^j'eftOMS to August 31 ; and all such orders, whether paid or not by the treasurer previous to August 31, must be reported by the clerk in the expenses for the school year. All school terms must close previous to August 31. In case a Fall term of any school is held, commencing before the first of September, the entire term must be reported in the next school year. 2. NUMBER OF SCHOOLS. There will usually be as many common schools in a township as there are sub-dis- tricts or school-houses. When a sub-district school is sufficiently large to employ two or more teachers, and is organized on the graded plan, it should be reported as but one school. Such a school is a sub-district graded school. A joint sub-district school should be reported only by the clerk of the townbhip in which the school-house is located. The entire joint sub-distiicC, so far as reports are concerned, must be regarded as within such township.* Every sub-district school is made by law a common school, and should, in no instance, be reported as a "German aud English school." A "German and English school" is one regularly organized in addition to the sub-district schools, Like a colored school, it * All funds for the support of a joint sub-district school are required by law to be paid over to the board of education having charge of such joint school, and the expenses, enrollment, etc., of such joint school aie all (enumeration excepted) to be included in the school returns of the township in which the school-house is situated, 160 OHIO SCHOOL LAWS. is organized for a cluss of pupils, and is not, therefore, a common sub-district scliooi. When a portion of the pupils in a sub-district school are taught to read Germau as well as English, the Germau should simply be reported as a branch of study. Every school organized specially for colored youth must be reported as a colored school, whether taught for a longer or shorter period of time. 3. NUMBER OF DIFFERENT PUPILS ENROIXED. This item is often reported incorrectly, owino- to the fact that many pupils are en- rolled timce each year — once each term. Having found the whole number of pupils, male and female, enrolled in all the schools of the township each term, the trne enroll- ment for the year may readily be found by suMracting the number of pupils enrolled twice (both terms) frora the sum of the enrollments for the two terms. Suppose, for example, the township enrollment for the first term was 190 boys and 165 girls: for the second term 150 boys and 170 girls; and that .50 boys and 60 girls were enrolled tirice, or both terms. The number of ditierent boys enrolled during the year would be 190 plus 150 — .50=290 boys. The number of different girls enrolled, 165 plus 170 — 60=275 girls. Another method is to find the '•' true enrollment" of each sub-district for the year, by subtracting the number of pupils enrolled twice from the aggregate enrollment for the two terms, and then adding these several true enrollments of sub-districts together. The first method is much the shorter, but it will be a good plan to use both. 4. AVERAGE DAILY ATTENDANCE. When the two terms are of equal length, the a^■erage daily attendance may be readily found ill adding together ths term averages and dividing by 2 — the number of terms. Sup- pose, for example, the average daily attendance of a sclicol for the first term of 12 weeks was 20 boys and 18 girls, aud for the second term of 12 weeks, 16 boys and 21 girls. The average attf*iidai>f-e of the boys for the year is found thus: 20 plus 1(5=36. 36 divided by 2^18 hoy.s. The average attendance of the girls is found in the same manner. When th^ tico terms are not of equal lemjth, the average attendance of each school is found by multiplying the overage for each term by the number of iceeks in such term, and di- tnding the sum of the two prod^uets by the whole number of weelcs in both terms. Suppose, for example, the average attendance for the first term of 18 weeks was 30 boys and 25 girls ; of the second term of 12 weeks, 16 boys and 20 girls. The average attendance of the boys for the year is found thus : 30 times lr=540. 16 times 12=192. 540 plus 192=732. 732 divided by 30 (18 plus 12)=24.4, boj.s' average attendance. The average attendance of the girls is found in the same manner. The average daily attendance for the totcnship will be tiie sum of the averages of the several schools. .5. NUMBER OF TEACHERS. By the •■ number of ditferent teachers employed'" is meant the unmheT of different per- . sori« employed in the schools as teachers during the year. This number, owing to changes will usually be greater than the number of teachers employed during any given moisth or urui. If all teachers were employed for the entire school year, aud no changes occurad during the year, how many teachers would be needed ? The answer is the " number of t«aichers ueeesKary to supply the sciinols," which will apuerally 1h) the same as the num- ber of schixsis. OHIO SCHOOL LAWS. 161 6. AVERAGE WAGES OF TEACHERS. Add together the monthly salaries of the several male teachers employed, and divide the sum by the whole number of male teachers. The quotient will be the average monthly wages of male teachers. In like manner the average monthly wages of female teachers may be found. In giving the "number of sub-districts that boarded teachers," report only those in which the teacher " boarded around," or which otherwise paid for the teacher's board in addition to his wages. 7. AVERAGE NUMBER OP WEEKS THE SCHOOLS WERE IN SESSION. Having found the number of weeks each school was in session during the year, divide the sum of the same by the whole number of schools in the township. If there is a re- mainder, annex two cyphers, and continue the division to hundredths. Wiite the num- ber of weeks under "weeks," and the fractional part under " hundredths." In report- ing the number of weeks each sub- district school was taught, he sure and include both TERMS. If it is the custom in a majority of the sub districts to close the schools on every Saturday, five days should be reported as a school week ; if the schools in a majority of the sub-districts are closed only on every other Saturday, _;^ve and one-half days. 8. NUMBER OF PUPILS IN EACH BRANCH OF STUDY. Add together the number of pupils reported each term, and from the sum subtract the number of pupils that pursued the study holh the first and second teims of the year. If 25 pupils were in geography the first term, 18 the second, and 10 of them pursued the study both terms, the number of different pupils in geography was 25 plus 18 — 10=33. The names of all text-books regularly used in the schools must be reported. 9. PRIVATE SCHOOLS. It is not expected that clerks will be able to report accurate statistics of these schools. Please give as full information as possible. When the number of pupils enrolled, etc., is not known, make an estimate — a good "guess." Colleges, seminaries, and large academies are not to be reported by clerks. 11 162 OHIO SCHOOL LAWS. W a O •^ ^ o o o o o o o • a. I OO Oiili oo o o §'5f Li « O c=> O 00 a? oi '^» 0^ o —1 ■III oo oiiii oo 1 • 1 1 o -,o o • 1 ' 1 o t> o • 2 ».:: T-< rH r-l «5 05 o • ■•• in o.i.i oo CC ^ to -5 ^e CN ■ 1 • 1 -^ ^ * - . OQOOiO _. 'A ■■H"iC!»c^^ . . (N ; ; ' 6 o ■ T-i_is->.a«T-i^T-ir-(a 1 1 ^ !(j* r ^ ^ :jao^ g : : • I o rfl a ' o c8 ' o t? ; - « fcH -^ ® ; I a .2 :j5c5^o J = II: ^- .2 1 °^ a '^^ o2 ; a : 2 OD jj ■ O i. .^ O > O oO' 2 -3 a ft M iE ' a .S l> a} 1 ■? ■ I'll- ■w a I a -.J , ^§ : a He. 3 •"S^:~"aHM ^'^ • .2 ^J^a+^2 a-s la| ap ^--- od'irs: '^-s - - - 5 o £ bjog § |i| a iEt«_cwq ai£a a rj i^ IN' 33 f s - i a § ® - s ^ o o '-'^aj o '^ =s P^ fH ■ feM Oi C* 3^ O iC 1-1 inGDacL."o 1— IO ■^■Q"i>oci .-i tH r- 3^ . — < i-H->i ot oi Si s^ oi n M o I— 1 -^ ^ t> ^ " ^- t^ 'S P»s bJO 2 o eg Qj ^ n K ^ 11 1 II 1 ^& ^ o '. '• I ! I : a o _: o I© O O ©iCOO OOiffiO o ^ [O ;a to •«3'i>oo aD.r:o m O - (?J 3} '^> o O O X X lC o o CD lO 1 >-l «5 ?D uc 03 03 •* -q" L.-: i-i iC c -^ lO ■ m lO c^ 3^ ■«T H~" ^^ > ^ ; Mi-H . OJ ■ 1 1 . e 1 1 1 ■ ! 6 4i tj , 1 . Q (_ 1 1 , 1 ;a s a . . .-i- a . . 1 . 5 to 1 J • "^ =0 1 1 • 1 ■ CO ^ a S I I I ^ g I I : : . a 3 33 -go : a • i? ^ : H I ; a ••S.a a a Ir-i I f = I-; cc o a • o 1 a o ■ ^ •0.' o o co^ a ^ P ■ O < ■'- r< , O 00 p_ ■ o Mr= a ' c M ® S? I ■=* =-§ I ^ J-2 03 g • a =^ • a-^" 2i £ M ° .& ^ « ^^ ® 3'3 ® [7 a — u ® a: jD _ — ^swaoaaiSHaai •^■S e-S MiKH PQ:c Hcc i--! t^ O rHCa lOo d ^ ^ '"''^ 00 ji OO . rz^ . X) ^ sh ijc t-H^ C-3 cc O S J a a '^ OHIO SCHOOL LAWS. t—t CO 81 'd • 1 o o © © © © ■ aif o . o © la CO t— ( '3 cs M « 1 in © r-t ■^ I* o « g f pH lO OS - ^ I'^s «g= «& O S r1 Mi O 3 rfl O d . o © 00 00 c> © OS OiS © 00 -^ Oi c^ 03 o »« T-l CO H^ «& ^ CD ® O o .1^ > M M « « m IC "cD • l!!l "n .g i '3 a o ® .9 a d © pd u p « o o c o ,d ® 4d ® in oo tM .o OQ '© ,o d o «H o V( ■ m d o ® ® ,2 ,a ^ ai rd d ® i d © ^ c3 o 03 a ® "S o ® 'S O H H- O H 1=1 o «5 00 1-1 T-H rji tH ^ . c« , t— 1 c* 00 d 53 'S >1 iJD &3o o i-< o cS ft c6 P P ^ '-5 S -=13 s 00 00 o t^ © © Pi 3 ft ft +3 d ft a -t^ ffl EQ d ao "S 3 d 3 d ® ® eS 'id cS 1 9 a .2 n O P< PM <1 f^ ® >5 ® S -« CO o ^ ij ® 9 " S c £'-« ® fa pd © -^ fii o a f2 p cs d H d • t3 H ® H bo rd fe5 164 OHIO SCHOOL LAWS. DIRECTIONS TO CLERKS AND TREASURERS. 1. The account of the " Schoolhonse and contingent fund" should be kept in til© first two columns on the right-hand side of each page ; and the account of the " Tuition fund" in the next two columns. 2. For each order drawn or paid, make two entries— one in the general township account of school funds, and the other in the account of the proper sub-district. 3. In case the township Board of Education do not apportion the school-house and contingent fand among the sereral sub-districts, but keep it as a general fund, the sub- district account may be made to balance by entering in the proper columns in the ac- count of " Apportionment'' (left-hand page) the amount expended for school-house and contingent, purposes as shown in the account of " Expenditures " (right-hand page.) 4. All school money received from adjacent townships for the support of a joint sub- district school should be entered in the general account under the head of Beceipts, and in the proper joint sub district account under the head of Apportionment. All moneyg paid to adjacent townships for the support of a joint sub-district ahonld be entered io the general account under the head of Expenditurea . 5. All money paid by non-resident pupils for tuition in any school of the township, must be paid to the Treasurer and entered in the general account under the head of Beeeipts, and also in the acooun!", of the proper sub-district under the head of Apportion- ment. 6. The Treasurer's general account should be balanced at the time of the annual set- tlement with the Auditor in February, and also at the close of the school year. The Treasurer's sub-district account and both the general and sub-district accounts of the clerk need be balanced only at the close of the school year. The sub-district account, if properly balanced and separated, may be kept for two years on the same page. 7. The Board of Edncation are required by law-" to make settlement with the Town- ship Treasurer at their regular session in April annually." At this settlement the Clerk's and Treasurer's books should be carefully compared. 8. At the expiration of their terras of official service, the Township Clerk and Treas- urer are required by law to deliver to their saccesaors in office this book and all other official books and papers relating to schools, in their hands. LIIL EEPORT OF THE TREASURER OF TOWNSHIP, COUNTY, OHIO, To the county auditor, for the year ending August 31, 18 — : (To he made to the auditor on or before the 20th day of September ) RECEIPTS. '^^^ HI 33UBa Amount of school moneys received daring the year from the following sources, viz; Balance on hand September 1, IS— - ...... ... .....$— State tax.... - - ......„...o Irreducible school funds - -- Township tax for school and school house purposes Fines, licenses, tuition of non-resident pupils, and other miscellaneous sources — - - --• Amount received from adjoining townships for support of joint sub-district ■ school— State funds, $ ; township tax, $ : Total.... Total receipts . -=..,. ..».o = oo.. = »»o.. = -== OHIO SCHOOL LAWS- 165 EXPENDITUKES. Whole amount paid teachers during the year — Common, | ; High, $ ; Total ..............„.._._.....$ For sites, buildings, and repairs ..„.. For fuel, and other contingent expenses ............ Amount paid to other townships for support of Joint sub-district school — State funds, $ ; Tp. Tax, $ : Total.... . ............. Total expenditures .. ............. ................ $ ^^ Balance on hand September 1, 18 — Amount of outstanding orders unpaid September 1, 18 — I certify the foregoing to be, in all respects, correct. , Treasurer. , Ohio, , 18—. , EXPLANATIONS AND DIRECTIONS. 1. The above report should cover only the moneys actually received and disbursed by the treasurer during the school year ending August 31. In case the school funds arising from the second semi-annual distribution of taxes are not received on or before August 31, such funds must be reported by the treasurer among the receipts of the following year. lu case there were outstanding orders unpaid on the Ist of September, the amount of such orders should be added to the report in order that it may show the entire ex- penses of the schools during the year, and thus correspond with the returns of the board of education. All claims upon the school fund for expenses incurred during the year should be settled and paid, if possible, previous to August 3J. 2. By " irreducible school funds," is meant all funds received from the State as inter- est on the Virginia Military, United States Military, or Western Kaserve School Funds, the rent of or the interest on the proceeds of the sale of " Section Sixteen." 3. All money paid by non-resident pupils for tuition in aoy school in the township must be paid into the township treasury, to be disbursed ou the clerk's order, and re- ported under the head of receipts. 4. All moneys paid by the adjacent townships for the support of a joint sub-district school must be reported by the treasurer of such adjacent townships, as a separate item, under the head of expendiiurta ; and the moneys thus received from the adjacent town- ships by the treasurer of the township whose board has charge of such Joint school, must be reported, as a separate item, under the head of receipts. CHAPTER v.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, ETC. LIV. APPOINTMENT OF SCHOOL EXAMINEES. Office of Judge of Probate, County, 0., , 18 — . Being satisfied that is a competent and suitable person to act as a mem- ber of the board of school examiners for this county, I do hereby appoint him to said office for the term of two years from date, and until his successor shall be appointed. — , Judge of Prolate. 166 OHIO SCHOOL LAWS. LV. EEVOCATION OF SCHOOL EXAMINER'S APPOINTMENT. Office of Judge of Probate. County, , , 18—. Whereas, on the day of , 18 — , was appointed to the office of school examiner of county, for the term of two yf ars from the date of such ap- pointment j and, whereas, evidence has been filed with me, judge of prohate of said county, and I have become satisfied that said is an unfit person to be re- tained as a member of the board of school examiners of said county, in consequence of (here state the cause of action) : Therefore, the said apx>ointment of said , as school esaminer of said county, is hereby revoked. , Judge of Proiate. LVI. NOTICE OF MEETINGS FOR THE EXAMINATIOJST OF TEACHERS. Notice is hereby given that there will be a meeting of the board of school examiners of county, for the examination of teachers, at , on the last of each month of the year, and that a meeting will also b© held on the second of April, May, Oc- tober, and November. Each applicant for a certificate should be present as early as o'clock A.M. By order of the Board. , IS—. , Clerk. LVII. TEACHER'S CERTIFICATE. No. The undersigned, school examiners of county, Ohio, having examined do hereby certify, that possesses an adequate knowledge of the theory and prac- tice of teaching, and is qualified to teach orthography, reading, writing, arithmetic, geography, and English grammar ; and that has furnished satisfactory evi- dence of good moral character. This certificate to be valid for the term of months from date, Given at , and dated this day of , A.D., 18 — . RESUi^T OF EXAMINATION. Orthography . Reading......... Writing .... Arithmetic . Geography .. English grammar Theory and practice School ExamineTB. RULES AND EXPLANATIONS. 1. The character of the applicant's exaTiiaation is represented on a scale of one to ten — one denoting the lowest qualification and ten the highest. 2. Five classes of certificates are granted, as follows ; First class, valid S6 months j second OHIO SCHOOL LAWS. 167 class, valid 24 montlis ; third class, valid 18 montlis ; fourth class, valid 12 months ; fifth class, valid 6 months. 8. A satisfactory examination in the theory and practice of teaching, and a high de- gree of success in teaching, will also be considered in determining the class of certificate to be granted. No certificate is granted unless the applicant passes an examination in each Iranch of study required by law. LVIII. REVOCATION OF TEACHER'S CERTICATE. To the heal directors of sui- district No. — , township, county, Ohio : Whereas, the board of examiners of said county, on the day of , 18 — , granted a certificate to , authorizing him to teach orthography, etc., for the term of months, and he is now^engaged as a teacher in said sub-district. And, whereas, it has been represented, and said board has become satisfied, that : — is an unfit person to be retained as such teacher, in consequence of {here state the offense) : Therefore, you are hereby required to discharge and dimiss said from his said employment. His said certificate is revoked. By order of the Board. , 18—. , Cleric. Note. — A teacher's certificate may also be revoked when he is not engaged as a teacher. When this is the case, the first line of the above form should be omitted, and the last paragraph changed to read ae follows : " Therefore, his said certificate is hereby revoked." LIX. QUARTERLY REPORT TO COUNTY TREASURER. REPORT OF THE BOARD OF SCHOOL EXAMINEES OF COUNTY, OHIO, TO THE COUNTY TREASURER, FOR THE QUARTER ENDING , 188 — . Number of meetings held during the quarter ..- Whole number of applicants examined: Male, ; Female, — '—] Total... Amount received of applicants on examination fees I certify the foregoing statement to be correct. Cleric of Board of Examiners. -, Ohio, , 188—. Note. — The first quarter ends the last day of November; the second, the last day o f February ; the third, the last day of May ; and the fourth, the last day of August. Th orders drawn by the auditor to pay for the necessary traveling expenses of the Board o Examiners can not, in any " one quarter, exceed one-third of the amount collected and paid over by said board as examination fees " during said quarter. 168 OHIO SCHOOL LAWS. 5d is =3 H O O o M 3 =g J o <= I ® H a •PH'BA SI 9!^B0 -g^i:}i90 sq:;aoca jo -o^ •e^BOTjif^iao JO -0^ S i X ^ S'Ci . V. o o s; C SZ 11 •pejoa]^ -|()a 899| ;o auuoiuv •p9aicav!X9 i[siio -TA9jd SIOBO ijddB JO 'Ojij IE =*-! a -3 •9IBUI9^ OS© o;2| i2i C^-r' •9IBK -3 •9[Bni9j; -ii a c ■9[BH IC f. •9IBm9^ * a o a a a ©J •9IBH bD i-^ © aj •9[Bra9j; ■-fi a o a © © 00 •9lBH «*-! '-' U Co5 ? ^§ 1'^^ * 9 .a o >5— . - nt of examin collected and uuty treasur la ® a o U O £ PhD a & M 5 S " a 35 "^ a ® t8 S c S fa §^ School Year of 188- -. Ist quarter ending 2d quarter ending 3d quarter ending 4th quarter ending Total , 188—..... 188— 188— ..... -, 188— .... I certify the foregoing to be a correct statement. Auditor's Office, county, , Ohio, — -, Auditor. -, 188-. LXIIl. TEACHERS' INSTITUTES. Constitution of County Teachers^ Association, PREAMBLE. As a means of improvement in the profession of teaching, and of promoting the inter- ests of the schools in our county, we the undersigned, associate ourselves t ogether under the following CONSTITUTION. Article I. This association shall be called the County Teachers' Association. Art. II. The officers of this association shall be a president, three vice presidents, a secretary, treasurer, and an executive committee of three members, who shall also perform the duties of a financial committee. The secretary shall, ex-officio, be one of the members of this committee, and shall keep a record of its proceedings. Art. III. It shall be the duty of the president to preside at all meetings of the as- sociation. In case of vacancy, or his absence, any one of the vice-presidents or the chair- man of the executive committee may perform his duties. OHIO SCHOOL LAWS. 171 Akt. IV. It shall be the duty of the secretary and treasury to perform the usual duties devolving upon such officers. Art. V. The executive committee shall carry into effect all orders and resolutions of the association, and shall devise and put into operation such other measures, not incon- sistent with the objects of this association, as it shall deem best. It shall arrange busi- ness for all regular meetings of the association, and shall appoint, under the direction of the association, at least one such meeting each year. It shall make all necessary ar- rangements for holding and conducting at least one teachers' institute in the county each year. In case the amount of money under the control of the association, including the institute fund in the hands of the county treasurer, be insufficient to defray the necessary expenses of an institute, said committee shall fix and give due notice of an in- stitute tuition fee to be paid by those attending such institute. All moneys belonging to this association are to be paid out only on orders drawn by the executive committee. Art. VI. The executive committee shall hold its meetings as soon after election as possible. Two members shall constitute a quorum for business, and afterwards may meet on their own adjournment or appointment. Art. VII. Any teacher, or active friend of education, may become a member of this association, by subscribing to this constitution and contributing annually to the funds of the association. Art. VIII. The officers of this association shall be chosen by ballot, or in such other manner as the association may direct, at the annual meeting, and shall hold their offices for one year, or until their successors are elected. Art. IX. This constitution may be altered or amended by a majority of the members present at any regular meeting, provided notice of such intended alteration or amend- ment shall have been given at the preceding meeting. LXIV. REPORT OF COLLEGES, SEMINARIES AND ACADEMIES. Beport of to the State Soliool Commissioner. FOR the scholastic YEAR EMDING IN 188 — . 1. Name and location of institution. 2. Name and degree of president or principal. 3. Year in which the institution was established. (If incorporated, give the year of incorporation.) 4. Number of regular professors or teachers : Male , female , total - — -.--" -" -...-- 5. Whole number of students in attendance during the year....^^. 6. Number of students enrolled each term or quarter of the year : 1st term ; 2d term ; 3d term ; 4th term ■ 7. Number of years occupied in completing the several courses of study: Classical course ; scientific course ; course — - — - 8. Number of students pursuing the several courses of study during the year: Classical course — — ; scientific course ; course 9. Number of students in preparatory classes, including all irregular students ..........- = ........--...---••----•- ■■ " " 172 OHIO SCHOOL LAWS. 10. Number of graduates in each course in 188 — : Classical course ; scientific course ; course 11. Whole number of graduates in classical course since the institution was established 12. Number of weeks in scholastic year 13. Cost of tuition per year...... -..| ~ 14. Estimated yearly expenses of student, including board, % to....$ 15. Number of indigent students granted free tuition during the year. ., 16. Amount of income from tuition during the year 17. Amount of income irom invested funds, rents and donations during the year.... % 18. Amount of endowment fnnds, not including buildings, grounds, etc ..$ 19. Increase in endowment funds during the year .„ | 20. Value of buildings and grounds . .->.$ 21. Value of apparatus, not including libraries ......... ...... .. $ 22. Number of volumes in libraries... ... .. ...... „.... .. . 23. Date of next commencement. The foregoing is a corri~ct statement. Ohio. 183—. Note.— In a few of the colleges of the State two, and in some cases three, courses of study are prescribed. The Commissioner wishes to ascertain the number of students regularly pursuing each of these several courses. The name of the third course is to be supplied by the person filling the blank. The term " Scientific" is used to designate a partial or English course. lu those iustitutions that have a six years' course of study, the two lower clsses ought to be reported as preparatory. The answer to the sixth question is particularly desired. The answers to the sixteenth and seventeenth questions niay be omitted if there is any objection to their publication. The seventh, eight, ninth, tenth, eleventh and twenty-third questions do not apply to eeminaries and academics in which no regular courses of study are prescribed. INDEX. CLASSIFICATION AND CERTAIN CHANGES OF DISTRICTS— PAGE Classes of school districts 5 City districts of first class defined...... ...... ..., 5, 6 " second class defined...... .... .....-.= .,.„....„,...„... 6 Village districta defined ...-....„..„„.......„„.„,.,...,........,..... 6 Change of classification in certain case .. ...... .«„... .... ,.. = .. 6 Township districts defined „, 6 Special districts defined „ .... ....„„ ...„.= ,..„ ...... .... .... 7 Transfer of territory from one district to another ................ ......... 7 Township districts may become village districts ........ ...a. ........ ....... 8 How vote shall be taken 8 How board organized 9 CITY DISTRICTS OF FIRST CLASS— Board of education — how constituted .... ...... ...... ...... ...... ...... .... 9 How membership increased .......... .... .......................... 9 When two members for each ward, how elected — -= .... ...... .... ..„.„. .... 10 When one member " " ...... ^ „..= ....„....... ...... 10 Where certain electors to vote...... .. ...................... 10 Conduct of elections .,,=,.... 11 How electors on attached territory to ca^^t ballots ....... — ....... ..... 11 Meetings and certain powers of the board 11 To make estimate and fix levy for contingent fnnd ....,,„...... 39 Limitation of estimate and levy — Cincinnati ............................... 39 " " —Cleveland..................... 39 " " — Toledo. ................. .0..0.... 39 How contingent fund to be applied in Toledo .... ............... ........ 44 Limitation of estimate and levy in all other cities of the first class .......... 39 When estimate to be certified to county auditor .. ....... 39 Apportionment of school funds by county auditor „....... = ........... .... 41 Distribution of money after apportionment.... - 42 When county commissioners to perform certain acta of board of education — 44 Powers of board of education 45 What property the board has title to ...,.........-..-....---... ..---- ... 46 School property exempt from taxation...... .....=, ..... 47 Conveyances and contracts »--. 47 Board may accept bequests ...... ...... .... .=.. .,.=. ...... ....... . = «... . 47 Process against board...... .... ^ 48 Duties of prosecuting attorney and city solicitor. .... ..... .. = „.. .... — ... — 48 Tie votes at elections, how decided.. 48 When to appoint . .,..„......„ = ^. = ,„,,». ».,.>... = - = »,=..»=. = = -=. ...=.---". 48 174 OHIO SCHOOL LAWS. CITY DISTEICTS OF FIRST CLASS— Continued-, page Oath ol members and other officers ..„............,..=.„..., 49 Organization of board 49 Vacancies in board, how filled ....... .. ...... . ......... ......49, 50 Qaorum of board...... ...^ ....j^...., 50 Yeas and nays to be taken in certain cases ...50, 51 Absence of president or clerk 51 Record of proceedings and attestation thereof 51, 52 Board to make rules and regulations 52 Illegal meetings 52 Board to make and enforce rules for vaccination.... .... .... .' 52 Board to provide school-houses ........ ........... 53,54 Directions for bidding, and for letting contracts...... 55, 56 When board may appropriate property 57 Issue of bonds by board.... , ... 59 Board may appropriate money for library, etc. ...... .... .... ....59, 60 Levy for library in cities .......... ..... 60 How library tax to be expended ....„ ... = .. .... ...... 60 Board may appoint librarian 60 " " managers of library ...60, 61 Board of Cleveland to appoiat library committee...... ...... .... ...... ....„ 61 Powers and duties of such committee. ... 61 Library tax, and how to be expended .... 62 Consolidation of libraries in Portsmouth authorized 62 Board of Portsmouth to appoint library committee .... ..............6', 63 Powers and duties of such committee 63 How such library maintained and managed ........ 63, 64 Sufficient schools must be provided ,64, 65 Schools for colored children 65 Schools of higher grade than primary 65 Schools at " children's homes," orphans' asylums and county infirmaries .. 66 Youth may be sent to charity school at Zanesville ...66, 67 Evening schools 1 67 Who may be admitted to public schools .... .... .67, 68 Suspension and expulsion of pupils .... 68 Teachers may dismiss school on holidays 68 School year, month, and week 69 Board to control schools and appoint officers...... 69, 70, 71 Board to determine studies and text-books 73 When German language to be taught 74 Sending of pupils from one district to another ...74, 75 Children must attend school 1 . 75 Unlawful to employ children who have not attended school ..75, 76 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions ...76, 77 Clerk must prosecute..... 77 Equivalent to attendance on day school... 77 Yearly enumeration of youth ...... . 78, 79 OHIO SCHOOL LAWS. 175 CITY DISTRICTS OP THE FIRST CLASS-Continued- page Qaalification and pay for taking enumeration ,..., 79 Clerk to employ persons to take enumeration .......79 80 Clerk to transmit abstract to county auditor ... ...... .... 81 Auditor to act when clerk fails „ _.__ gj Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds „„g3 84 Treasurer to give bond and produce funds, etc ....84 85 Annual settlement by treasurer with couaty auditor „ .....85 86 Penalty for failure to make such settlement , 86 Treasurer to report balance to board.. , .„. 86 When treasurer may receive or pay money ....86 87 Amount of funds treasurer may hold ,...., 87 88 Treasurer to deliver money, etc., to successor . .. .... 88 Clerk shall execute bond ^.... , 88 When orders of clerk for teachers' pay illegal ........88 89 Duties of clerk as to statistics, etc ., ,..^.. ...... ,...89 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver hooks, etc., to successor .............■_..,..... 90 How treasurer and clerk to keep accounts ......90 91 Compensation of treasurer and clerk 91 Annual report by board of education,,.,.. . , 91 93 In what form to be made, etc . .... 92 Reports of superintendents and teachers .., ....92 93 Peaalty against clerk for failing to make report to county auditor. 93, 94 Who may be employed as teacher 100 Board of education to appoint a board of examiners 102 Shall fix compensation of such examiners..... 104 Who ineligible as examiner.... 105 Board may permit teachers to attend institute within county...., 108 Board may provide for an institute , . ... . 108 When institute fund to be placed to the credit of county institute fund 108 Length of session of institute 109 Report of certain institutes ..,,.... ... 109 CITY DISTRICTS OF THE SECOND CLASS— Membership of board of education 12 Election of members 12 Conduct of the election... ...„.,.., 13 Election after membership increased , ... .... 13 Notice of elections 15 How membership increased 15 Estimate and levy for contingent fund... . . 39 Limitation as to levy for contingent fund... 39 Estimate to be certified to county auditor ,. 39 Apportionment of school funds by county auditor 41 Distribution of money after apportionment...... 42 County commissioners to levy contingent fund when board neglects 44 176 OHIO SCHOOL LAWS. CITY DISTRICTS OF THE SECOND CLASS— Contimied— page Powers of board of edncation 45 What property the board has title to 46 School property exempt from taxation 47 Conveyances and contracts .„ 47 Board may accept bequests 47 Process against board, and how served 48 Duties of prosecuting attorney and city solicitor..,, .... .... „ .... .... 48 Tie votes to be decided by lot .... ...... 48 When to appoint 48 Oath of members and other offi'jera 49 Organization of board ..,.,.,...... 49 Vacancies in board, how iilled.... , ......49, 50 Quorum of board.... .,„<,. ........ 50 Yeas and nays to be taken in certain cases ....50, 51 Absence of president or clerk .. , 51 Record of proceedings and attestation thereof ...51, 52 Board to make rules and regulations ....... 52 Illegal meetings ..,.. = ...... 52 Board to make and enforce rules for vaccination ,. .'.. 52 Board to provide school-houses .„ 53, 54 Directions for bidding and letting contracts.... 55, 56 When board may appropriate property ........ 57 When and how question of tax levy submitted to voters ........... 57 If levy approved board to ,certify it to auditor 58 How the levy may be anticipated 58, 59 Board may appropriate money for library, etc ..................... 59, 60 Levy for library in cities 60 How library tax to be expended 60 Board may appoint librarian .,..,.,....., , ^,. 60 SufiQcient schools must be provided ,.„ ...64, 65 Schools for colored children , .„ 65 Schools of higher grade than primary .. .... ...... 65 Schools at "children's homes," orphan asylnm^s, and county infirmaries .._. .. 66 Evening schools 67 Who may be admitted to public schools ...................................67, 68 Suspension and expulsion of pupils ............ ................ .... 68 Teachers may dismiss schools on holidays .... ...... .... ...... ... 68 School year, month, and week 69 Board to control schools and appoint officers.. .. ,. 69, 70, 71 Board to determine studies and text-books 73 When German language to be taught ....^. 74 Sending of pupils from one district to another , „ 74, 75 Children must attend school .... 75 Unlawful to employ children who have not attended school 75, 76 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions 76, 77 Clerk must prosecute ........= ...... 77 OHIO SCHOOL LAWS. 177 CITY DISTRICTS OF THE SECOND CLASS— Continued— page Equivalent to attendance on day school ..... 77 Yearly enumeration of youth .. 7S, 79 Qualification and pay for taking enumeration 79 Clerk to employ persons to take enumeration 79, 80 Clerk to transmit abstract to county auditor 81 Auditor to act when clerk fails 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds. 83, 84 Treasurer to give bond, and produce funds, etc ........ .. 84, 85 Annual settlement by treasurer with county auditor . 85, 86 Penalty for failure to make such settlement 86 Treasurer to report balance to board 86 When treasurer may receive or pay money ............ .......86, 87 Amount of funds treasurer may hold — ...........87, 88 Treasurer to deliver money, etc., to successor ... — .... . — 88 Clerk shall execute bond . — . . .... 88 When orders of clerk for teacher's pay illegal 88, 89 Duties of clerk as to statistics, etc ---- .-.-89, 90 Publication of receipts and disbursements by clerk ....... .............. 90 Clerk to deliver books, etc., to successor — .... 90 How treasurer and clerk to keep accounts.. 90, 91 Compensation of treasurer and clerk.... 91 Annual report of board of education 91, 92 In what form to be made, etc... - 92 Reports by superintendents and teachers 92, 93 Penalty against clerk for failing to make report to county auditor.. .... 93, 94 Who may be employed as teacher .- « 100 Board of education to appoint a be ard of examiners 105 Shall fix compensation of such examiners -■ 104 Who ineligible as examiner -. — ....... — ...... 105 VILLAGE DISTRICTS— Membership of board of education »- ....... •--= --•- 12 Election in village districts .--« - ° ■"-- '-'* Notice of election 15 Returns to be made to board. -. — ..................... 15 How membership increased ---. --- ---- ..---. 15 How village may become village district .- 16 How village district organized — - - 1' Organization of board lo Estimate and levy for contingent fund - ---■■ "-- "^^ Limitation of levy for contingent fund 39 When estimate to be certified to county auditor -. 39 Apportionment of school funds by county auditor 41 Distribution of money after apporlionment -■ — 42 County commissioners to levy contingent fund when board neglects 44 12 178 OHIO SCHOOL LAWS. VILLAGE DISTRICTS— Continued— page Powers of board of education ......,.„ 45, 46 What property the boards have title to 46 School property exempt from taxation 47 Conveyances and contracts 47 Board may accept bequests .„.„ 47 Process against boards, and how served ........ 48 Duties of prosecuting attorney and city solicitor.. 48 Tie votes to be decided by lot.... , . ... 48 When to appoint 48 Oath of members and other officers 49 Organization of board 49 Vacancies in board, how filled .... 49, 50 Q uorum of board , 50 Yeas and nays to be taken in certain cases ....50, 51 Absence of president or clerk 51 Kt^cord of proceedings and attestation thereof..., .... ......51, 52 Board to make rules and regulations 52 Illegal meetings 52 Board to make and enforce rules for vaccination 52 Board to provide school-houses ...............53, 54 Directions for bidding, and for letting contracts 55, 56 When board may appropriate property .. 57 When and how question of tax levy submitted to voters 57 If levy approved, board to certify it to auditor . , 58 How the levy may be anticipated „... 58 Board may appropriate money for library, etc.... .... ....59, 60 Sufficient schools must be provided 64, 65 Schools for colored children 65 Schools of higher grade than primary 65 Schools at "children's homes," orphans asylums, and county infirmaries 66 Evening schools 67 Who may be admitted to public schools ......67, 68 Suspension and expulsion of pupils ...... .. . 68 Teachers may dismiss school on holidays 68 School year, month, and week 69 Board to control schools and appoint officers ....69, 70, 71 Board to determine studies and toxt-books . 73 When German language to be taught 74 Sending of pupils from one district to another 74, 75 Children must attend school , . ...... 75 Unlawful to employ children who have not attended school 75, 76 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions 76, 77 Clerk must prosecute . 77 • Equivalent to attendance on day school 77 Yearly enumeration of youth — ..78, 79 Qualification and pay for taking enumeration 79 OHIO SCHOOL LAWS. 179 VILLAGE DISTRICTS— Continaed— page Clerk to employ persons to take enumeration 79, 80 Clerk to transmit abstract to county auditor .... 81 Auditor to act when clerk fails 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds ....83, 84 Treasurer to give bond, and produce funds, etc 84, 85 Annual settlement by treasurer with county auditor .................. 85, 86 Penaltt for failure to make such settlement , 86 Treasurer to report balances to board 86 When treasurer may receive or pay money...... ......86, 87 Amount of funds treasurer may hold ..87, 88 Treasurer to deliver money, etc., to successor 88 Clerk shall execute bond ..... 88 When orders of clerk for teacher's pay illegal ,. 88, 89 Duties of clerk as to statistics, etc. ....89, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc., to successor 90 How treasuBer and clerk to keep accounts 90, 91 Compensation of treasurer and clerk 91 Annual report by board of education .. .... ..... 91, 92 In what form to be made, etc 92 Reports by superintendents and teachers... 92, 93 Penalty against clerk for failing to make report to county auditor ..93, 94 Who may be employed as teacher 100 Boards of certain village districts may appoint examiners 105 Shall fix compensation of such examiners 104 Who ineligible as examiner ...................... . 105 SPECIAL DISTRICTS— Definition of. — 7 Board of special district — how constituted 24 •' " how increased 24 Election of members -. 24 Notice and conduct of election...... 25 How special district abandoned 25 Members of the board to become directors — — . . 26 Disposition of property, etc -.-• • 26 Estimate and levy for contingent fund . . — .. .- 39 Limitation of levy for contingent fund -» 39 When estimate to be certified to county auditor 39 Apportionment of school funds by county auditor 41 Distribution of money after apportionment - - - 42 County commissioners to levy contingent fund when board neglects 44 Powers of board of education - 45 What property boards have title to — - 46 School property exempt from taxation.... .= 47 Conveyances and contracts -. = - 47 180 OHIO SCHOOL LAWS. SPECIAL DISTKICTS— Continned— page Board may accept bequests .„.. ..„,.„„„„.,..=,,. 47 Process against board, and bow served ....„„ .. ,. .. .. 48 Duties of prosecuting attorney and city solicitor ........... 48 Tie Totes to be decided by lot , .... .... .... ..., ..„ ...„ .... 48 When to appoint.... „ ...........= „................... 48 Oath of members and other ofiScera „ .....= ..„ ,. 49 Organization of board „.... .... .... ........... 49 Vacancies in board, how filled 49, 50 Quorum of board .......„.,.„.„ 50 Yeas and nays to b© taken in certain cases. .... ^.. .......50, 51 Absence of president or clerk 51 Record of proceedings and attestation thereof. ....... ................. 51, 52 - Board to make rules and regulations ,. .... ....... ...... .... 52 Illegal meetings 52 Board to make and enforce rules for TaccinatioE.... ...,...„..„. ...... ,.... 52 Board to provide school-houses 53, 54. Directions for bidding and for letting contracts...... .. .... ...... ......55, 56 When boards may appropriate property 57 When and how question of tax levy submitted to voters 57 If levy approved, board to certify it to auditor 58 How the levy may be anticipated ..... 58 Board may appropriate money far library, etc ......................... ....59, 60 SufiBcient schools must be provided. .. . ... ..64, 65 Schools for colored children .. .. ... ...... ...... .... ...... ...... .... «- Schools of higher grade than primary l Schools at " children's homes," orphan asylums, and county infirmaries 65 Who may be admitted to public schools 67, 66 Suspension and expulsion of pupils .... ...... .... ...... ...... . 68 Teachers may dismiss schools on holidays 68 I School year, month, and week , 68 ' Board to control schools and appoint officers ... ................. .... 69, 70, 69 • Board to determine studies and test- books .... 71 U When German language to be taught 73 ! Bending of pupils from one district to another ...................... „ 74, 74 =1 Children must attend school ... 75 ''I Unlawful to employ children who have not attended school .............. ..75, 75 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 ! Penalties for violation of certain provisions ...... .... . ,.,... .... .... .. 76, 77 ■ Clerk must prosecute ... ............ 77' Equivalent to attendance on day school ...... .. ...... ...... ...... .... ...... 77 Yearly enumeration of youth .... ..... ...... ....78, 79 Qualification and pay for taking enumeration 79 Clerk to employ persons to take enumeration...... ...... .... .... .... ......79, 08 Clerk to transmit abstract to county auditor 81 Auditor to act when clerk fails _ 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken.... o....... 82 OHIO SCHOOL LAWS. 181 jPECIAL districts— Continued— . pagb Penalty for making fraudulent returns 83 Who to be treasurer of 8cliool funds 83 84 Treasurer to give bond, and produce funds, etc ....84, 85 Annual settlement by treasurer -with county auditor 85, 86 Penalty for failure to make such settlement , 86 Treasurer to report balance to board 86 When treasurer may receive or pay money .. .... .... ...... .... .... 86, 87 Amount of funds treasurer may hold... ...... .... , 87, 88 Treasurer to deliver money, etc., to successor 88 Clerk shall execute bond 88 When orders of clerk for teacher's pay illegal .. .. 88, 89 Duties of clerk as to statistics, etc ..88, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc., to successor 90 How^ treasurer and clerk to keep accounts...... 90, 91 Compensation of treasurer and clerk .. 91 Annual report by board of education ........................ .„ 91, 92 In what form to be made, etc ....- 92 Reports by superintendents and teachers 92, 93 Penalty against clerk for failing to make report to county auditor 93, 94 Who may be employed as teacher 100 TOWNSHIP DISTRICTS— Definition of .......................... 6 Boundaries of sub-districts not changed 7 Transfer of territory from one district to another 7 Township boards may become village districts 8 How vote shall be taken. 8 flow board organized 9 Board of education — how constituted and organized ... 19 Election and qualification of directors ,. . 19 Notice and conduct of election 20 Meeting of directors of sub-district 20 How vacancies in sub-district board filled 21 Regular and special meetings of township board.. . .................. 22 Map of township district ; change of sub-districts ., .......... 22 Elections in new sub districts 23 Estimate and levy for contingent fund 39 Limitation of levy for contingent fund 39 When estimate to be certified to county auditor .... .... 39 Apportionment of school funds by county auditor...... 41 Distribution of money after apportionment 42 Apportionment of contingent fund by board of education 43 County commissioners to levy contingent fund when board neglects .. 44 Powers of board of education... 45 What property board has title to.. . 46 School property exempt from taxation 47 Conveyances and contracts 47 Board may accept beq^uests 47 182 OHIO SCHOOL LAWS. TOWNSHIP DISTRICTS— Continued— page Process at^ainst board, and how served .„ ... ,.,. ,. . ...... 48 Duties of prosecuting attorney 48 Tie vote to be decided by lot... 48 When to appoint , 48 Oath of members and other officers 4U Organization of board 49 Vacancies in board, how filled ...49, iO Quorum of board ... 50 Yeas and nays to be taken in certain eases.... 50, 51 Absence of president or clerk , 51 Record of preceedings and attestation thereof 51, 52 Board to make rules and regulations 52 Illegal meetings „ 52 Board to make and enforce rules for vaccination „ . 52 Board to provide school-houses 53, 54 Directions for bidding, and for letting contracts.... .55, 56 When board may appropriate property , 57 Erection of school-houses in joint sub -districts ...:........ 56, 57 When and how question of tax levy submitted to voters 57 If levy approved board to certify it to auditor .... 58 How the levy may be anticipated ....58, 59 Board may appropriate money for library, etc.... 59, tiO Sufficient schools must be provided 64, 65 Schools for colored children ...... ...... .... .... .... .... 65 Schools of higher grade than primary 65 Schools at " children's homes," orphans' asylnms, and county infirmaries 66 Who may be admitted to public schools 67, 68 Directors to employ, pay, and dismiss teachers 71, 72 Teacher dismissed for insufficient cause may institute suit 72, 1'.i Board to determine studies and text-books..., 7\i When German language to be taught 74 Sending of pupils from one district to another.... . ..... ... ...... .. 74, 75 Children must attend school 75 Unlawful to employ children who have not attended school..., ....75, 76 Board to ascertain condition of children not at school ....,.„....., 76 When board may supply pupils with books ...... .... .... 76 Penalties for violation of certain provisions .. .... ..76, 77 Clerk must prosecute 77 Equivalent to attendance on day school .. ...„ .... .. 77 When yearly enumeration of youth to be taken ......78, 79 Qualification and pay for taking enumeration in sob-districts 79 Clerk of board of directors to take enumeration .. 80 Clerk of board of education to transmit abstract to county auditor ,.... 81 Auditor to act when clerk fails 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds ..„. ..83, 84 OHIO SCHOOL LAWS. 183 TOWNSHIP DISTRICTS— Continued— page Treasurer to give bond, and produce funds, etc ........ ...84, 85 Annual settlement by treasurer with county auditor 85, 86 Penalty for failure to make such settlement 86 Treasurer to report balance to board 86 When treasurer may receive or pay money ............86, 87 Amount of funds treasurer may hold... 87, 88 Treasurer to deliver money, etc , to successor . 88 Clerk shall execute bond .......... 88 When orders of clerk for teachers' pay illegal .....88, 89 Duties of clerk as to statistics, etc '"9, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc. , to successor 90 How treasurer and clerk to keep accounts- ...... .... ...... .... .... .... ....90, 91 Compensation of treasurer and clerk .... . . 91 Annual report by board of education ....91, 92 In what form to be made, etc 92 Reports by superintendents and teachers.. 92, 93 Penalty against clerk for failing to make report to county auditor ,.93, 94 Who may be employed as teacher 100 JOINT SUB-DISTRICrS— Township boards may establish by mutual agreement » .......... 27 How the school governed anji supported...... 28 May be established on petition 28 What petition to contain .. .... 29 Clerks to give notice of filing, etc 29 When petition may be filed with probate judge 29 Security for costs to be given - 29 Time and place of meeting of commissioners...... 30 Publication of notice 30 Commissioners to be appointed 30 Oath and duties of commissioners...... ... .. ........ 30 Clerks to have present plats and papers 31 The report of commiseiouers...... .................... 31 Eff'ect of the report 31 Judgment for costs, what fees allowed.. 32 Report and judgment for sub-districts.... ............ 32 How costs paid in such case 32 Petition for change of lines and for creating other districts 33 Proceedings thereon 33 When such petition may be filed with probate judge.... 33 Election, duties, etc., of directors .. 34 Power to change joint sub-districts limited...... 34 Contingent fund for joint sub-district .- 40 Same when county line divides such sub-district. 41 Erection of school-houses in joint sub-districts -. 56, 57 Who may be admitted to the public schools ....67, 68 Suspension and expulsion of pupils -- ...... 68 Teachers may dismiss schools on holidays - — 68 184 OHIO SCHOOL LAWS. JOINT SUB-DISTEICTS-Contmued— page School year, month, and week .,. 69 Board to control schools and appoint officers 69, 70, 71 Equivalent to attendance on day school 77 Enumera,tion in joint sub-districts 80 School funds forfeited when ennaieration not taken . 82 Penalty for making fraudulent returns 83 Who may be employed as teacher ...... .... ., 100 SCHOOL FUNDS— The "State common school fund" 35 Interest upon proceeds of salt and swamp lands 35 The ' ' common school fund" 36 Accounts of common school fund — ^how kept, etc...... 36 Bequests, etc., in trust for common school fund 36 Apportionment of school funds by auditor of state 37 To what county common school fund paid when county line divides original surveyed township „.. 38 Funds of district in more than one county 41 EXAMINERS— State board of, appointment, term of office, and vacancy..., ...... ...... ....95, 96 Board may grant life cer tiiicates ...... . .. QQ Shall keep record ... , 96 Certificates must be countersigned by state commissioner 96 Certificates may be revoked by board 96 Fee for examination.... 96 Probate judge to appoint county board of examiners... 96, 97 Term of board 97 V.-^cancies in board ... . ........ .......... ... 97 Who ineligible as examiner .... ...... .... .... .... .... .... .... .... ....97, 98, 105 President and clerk of board ......... 98 Certain duties of clerk...... „......., ,. 98 Meetings of board, notice of to be published.. .... .... .... .... ...... .... .... 98 Meeting, number of, annually.... ,. 98 Fee for examination... 98 Fees to be paid to county treasurer quarterly ........... 93, 99 Traveling expenses of board.... 99 Validity and revocation of certificates ......99, 100 Certificate a pre-requisite to employment.... .. .... .... ...... 100 Special studies 100 Compensation of examiners .., ................. ........ 101 Incidental expenses of board 101 Annual report of clerk ......101, 10.2 Bond of clerk 102 Board of examiners for city districts of the first class.... ........102, 103 Board to determine the standard of qualification for teachers...... .......... 103 Organization of board 103 Bond of clerk 103 Meetings, and publication ot notice.. .103, 104 OHIO SCHOOL LAWS. 185 EXAMINERS— Continued— pagb Examination fee . „ 104 Powers of board 104 Compensation of examiners.... .......... 104 Incidental expenses of., 104 Duties of clerk 104, 105 Disposition of fees. „ ...104, 105 Board of examiners of city districts of the second class and village districts.. 105 Who ineligible as examiner.... 105 TEACHERS— Not to suspend or expel pupils .... „ 68 May dismiss schools on holidays 68 To be employed, in certain districts, by board of education 70 May be dismissed for certain cause 71 To be employed, in township districts, by directors of sub-districts 71 Township board may increase but not diminish salaries or pay ... . 71 May be dismissed by sub -district directors for suificient cause 71 May be paid at end of month or end of term , 71 When township shall employ teachers...... 71 Teachers dismissed by directors of sub-district may institute suit...... - 72 Teachers required to make reports ... 92 Pay to be withheld for failure to make reports ,., 92 Certificate a pre-requisite to employment 100 " may be revoked 100 Teachers in certain districts may dismiss school to attend institute 107 TEACHERS' INSTITUTES— Teachers' institute, how organized .. . 106 Managing committee to give bond 106 Payment of institute fund to committee 106 Balance on hand to be returned to county treasurer ... 106 Institute committee to report within thirty days 107 Penalty for failing to report 107 Proceedings on forfeiture of committee's bond 107 When school commissioner to hold institute ... 107 Teachers may dismiss school to attend institute - -. 107 Institute for city districts of the first class 108 Institute for teachers of adjacent counties ... 108, 109 Length of session - 109 Report of certain institutes.... ....... -. — - 109 DUTIES OF COUNTY AUDITORS— To assess estimate certified by boards of education 39, 40 To add estimate made for joint sub-districts . 40 " " " when county line divides such sub-district 41 To make settlement with other county auditors 41 To make apportionment of school fuhds 41, 42 To distribute money after apportionment - 42, 43 To collect fines, etc., and inspect section sixteen accounts 45 186 OHIO SCHOOL LAWS. DUTIES OF COUNTY ATDITORS-Continued— page To place special levy upon tax duplicate » 58 When to take enumeration.... 81 Duty when county line divides original surveyed township.... .... ...... 81 Auditor to furnish abstract of enumeration to state commissioner 82 To give certificate of settlement to treasurer 86 When to institute suit against treasurer • 86 To file bond of clerk of board.... ......... 88 To supply clerk and treasurer with blank book .. 90 Duties of auditor as to school statistics, etc.. 93 Penalty against auditor .., 93 When to appoint person to make reports .................... 94 Further penalties against auditor 94 Compensation of auditor ..... _. 94, 95 When to give order for institute fund ......................... .......... 106 CmCUSTNATI AND TOLEDO UNIVERSiriES— Common council of Cincinnati may accept educational trusts 109 How trust funds to be applied 110 Trusteeship to vest in city, etc ......110, 111 Board of directors Ill How appointed, etc 111 Powers of board.. 112 Citizens not be charged for admission of children. 112 Accounts and expenditures 113 When board may confer degrees .. ....... . 113 Site and grounds...... 113 When and how tax may be levied..... 113 Provisions applicable to the city of Toledo 114 Rate of tax 114 STATE COMMISSIONER OF COMMON SCHOOLS— Commissioner shall be elected „ 117 Term of office 117 Vacancy, how filled 117 Official bond 117 Oath of office.. 117 Office, etc., at seat of government 117 Duties in visiting the several judicial districts 118 Supervision over school fands , 118 Power to require reports from certain officers. ..». 118 Shall prepare forms, etc 118 Duties as to distribution of school laws .. 118 Shall make annual report 119 What shall be embraced in report..... 119 Power to require reports from private schools . 119, 120 Shall prescribe form for abstract of enumeration 81 Shall prescribe blanks for auditors' abstract of enumeration 83 When to have enumeration retaken 83 Shall require auditors to distribute circulars, blanks, school laws, etc 93 Shall issue certificate for auditors' compensation 94 OHIO SCHOOL LAWS. 187 STATE COMMISSIONER OF COMMON SCHOOLS— Continued— page Power to appoint state board of examiners , 95 Shall countersign state certificates 97 When to hold teachers' institute 107 Datieson complaint of fraudulent use of money „ .. 120 To appoint an accountant to investigate charges...... 120 Powers and duties of such accountant or examiner 120, 121 His compensation 121 Payment thereof 121 What report to be given in charge of the grand jary 121, 122 Duty of prosecuting attorney.... ...„ .... .... ...... .„,„ ...... ...„ .. .... 122 OPIMOA^S AND INSTRUCTIOIS^S. ACTS— PAGE of de facto officer valid until removal 48 ADMISSION— of children outside of district 74 ANTEDATING— of certificates 99 APPEAL— to county commissioners 7 APPORTIONMENT— of school funds 38 ASSISTANT TEACHER— must have legal certificate in order to receive pay 89 ATTENDANCE— compulsory 77 AUDITOR— supervision of over school moneys , 85 BOARD OF EDUCATION— change of residence of members 9 organization of 19, 21 ■when business to be done , 21 notice of meeting and reception of 21 •when notice not required 50, 51 adjourned meetings of....... , 22 fcee from certain liabilities 46 succeeds to certain rights 46 employment of members illegal 47 suits against 48 vacancy in 49 limitation of term 49 members of voting on business matters 50 a corporate body „ 50 must act at a meeting 50 to prescribe course of study 73 duty of in regard to course of study 74 stationery for 92 township, liability of directors for illegal contracts 54 " directors of must report contracts 54 " to control colored schools 65 " how becomes vested with powers of village board 8 OHIO SCHOOL LAWS. 189 CERTIFICATES— . page antedating of.. .." ....oo..-. ......o.^.o.. ...... 99 revocation of 99 requisites for .........,.,......„„ .................... .......... 100 CLERK— duties and liabilities of 89 township, his rights ..-. 19 liable for all damages resulting from neglect to take enumeration ...... ...... 38 pro tempore 21 when should appoint directors 22 orders on, not negotiable 50 COLORED SCHOOLS 65 COMPULSORY ATTENDANCE 77 CORPORAL PUNISHMENT— sanction of .................................... 69 not to be cruel or oppressive 69 teacher's right to inflict 69 teacher's liability for inflicting 70 COUNTY COMMISSIONERS— may be appealed to against transfer ........................................ 7 when to act as board of education 44 when they may appropriate fands for erection of school houses.... ....... — 54 DIRECTORS— when township clerk should appoint ........,...= .. ...--. - .... 22 to be building committees in township districts.... ...... .... ...» ...... . — . 43 employment of teachers by 72 liability of for illegal contracts 54 required to report contracts ...» .... -•-= ---- •.-.-- «'>4 DISTRICTS— school defined ,.............„....... = ....................-..-.•..- 5 names of certain obsolete .....................=o.... ..-.-.=-.. ■..--.-- 7 sub, defined ......„........-............<... = » .....7, 23 sub, considerations in forming .......... ...» ■ --•■- ---- §3 3ub, change of boundaries of......... 23, 22 sub, joint, how formed ....27, 29 " teacher thereof .................... ......................... 27 " clerk's residence of.... .... .... .- — -- ...... 28 " how supported ....»- ...» .... ...... 2& ELECTIONS— electors of wards to rote at ward polls, etc .... ...... .... ............... .... t'<^ time of notice of 15 purpose to be stated in notice.. = - »--- ....-»...--. 15 township board not to decide as to legality of — .. .. .... .... ...<. .. .... ...... 19 time noted on ballots --- ...o...... 1^ for directors, who may vote.. -- .-.......-..- IJ manner of electing superintendent or teacher...- .=.»..-<•». .=a. ......•..--»«=. 51 190 OHIO SCHOOL LAWS. EMBEZZLEMENT— page by school officers „..„.... „.,......„............„...„.........„.„„ 86, 87 ENUMEEATION— of youth, who included in....„ .... .... .... .. 78, 79 pay for taking 79 care in taking.. ............... 83 when auditor may take.... .. ... .... .... .... .... . 38 EXAMINERS— legal qualifications of. 96 must take oath 97 removal of 97, 98 vacancy in office of 96 liability of for fees 99 fees to be paid quarterly 98, 99 traveling expenses 99 meetings of. ,. 99 compensation of 101 current expenses . ..... . . 101 certain persons ineligible as 105 FINES— how distributed ......... . 38 FUNDS— apportionment of.... .................................. 38 supervision over by school commissioner 38 in township treasury apportioned, how, when village district is formed 17 GERMAN— in schools 74 INJUNCTION 48 INSTITUTES— teachers should organize 106 duties of executive committee ..... 106 certain teachers may dismiss school for . 107 and teachers of graded schools.... 108 funds not disbursed must be returned to county treasurer (sec. 4087) .... 106 MANDAMUS 48 ORDERS— for teachers' pay ..... ..... 89 remedy against illegal.... 89 in hands of a purchaser 89 QUO WARRANTO.. 48 RELIGIOUS INSTRUCTION— not enjoined 73 SCHOOL DISTRICT— defijied _ 5 OHIO SCHOOL LAWS. SCHOOLS— PAGE protected from disturbances.. 47 for colored children . . 65 SCHOOL FUNDS— supervision over by state commissioner 38 kinds of , .39, 40 to what purposes applied ., ,. 39, 40 retained in custody of treasurer 43, 54 apportionment of to sub-districts 43 remedy for illegal distribution 43 SCHOOL HOUSES— custody of ........................... 53 use of.... 53 selection of sites for.... 54 SCHOOL PROPERTY— protection of,... .. ..........„....... = ....... 47 STATE COMMISSIONER— supervision of over funds 38 STATIONERY— for boards of education 92 SUSPENSION— from school .................. ......o...... ........... ........ 68 damages for vrrongf ul 68 TEACHERS— in children's homes, orphans' asylums, etc., must have certificates. .......... 65 di-missalof ....69, 70, 71 liability of for inflicting corporal 'lunishment 70 may punish pupil for misconduct after dismissal of school 70 employ ment of by directors 72 " " township board 72 wages of in township districts .............................................. 72 payment of ............... — 72 orders for pay of .„....,, ................... 89 certificate for time of service...... ...... ... 89 must keep register ........ 92 should organize institutes 106 certain may dismiss school to attend institutes... ... ...... ...... ...... ...... 107 TERRITORY— attached for school purposes 5, 6 detached " *' .................. 6 transferred . - — ................... 7 withdrawn from township district .:..-. 16 TITLE— to school property transferred.. 17 TOWNSHIPS— change of boundaries.. — ..... .... .... .... .... 7 192 OHIO SCHOOL LAWS. TREASURER— page in certain districts 84 release of surety of ....... 84 pay of — - 91 bond required in ail cases 84 official bond to be recorded .- 84 certified copy of to be sent to auditor 84 TUITION— of non-resident pupils - 74 VILLAGE— forfeiture of charter, eitect of.... 18 APPENDIX— FORMS AND INSTRUCTIONS. CHAPTER I.— FORMS FOR SCHOOL DIRECTORS— page 1. Notice of sub-district school meeting 125 2. Tally-sheet]of sub-district election 126 3. Notice of special school meeting 126 4. Minutes of sub-district school meeting „ _ 127 5. Certiiicate of election of school directors 127 6. Oath of school director 127 7. Appointment of school director 127 8. Meeting of school directors 128 9. Contract between directors and teachers ., 128 10. Certificate for teachers' pay 128 11. Contract for fuel, repairs, etc. 128 12. Certificate of amount due for fuel, etc 129 13. Dismissal of teacher 129 14. Visit to school 130 CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDUCATION- IS. Notice of meeting to vote a tax for building purposes „. 130 16. Notice of special meeting of township board 130 17. Certificate of annual estimates .,.--. .. 130 18. Certificate of annual estimates for joint school 131 19. Different modes of altering sub-districts ..131, 132 20. Notice of election in a new sub-district 132 21. Organization of a joint sub-district school 132 22. Petition to board of education ....„ 1.33 23. Clerk's notice to members of board 133 24. Petition to probate judge .......... 133 25. Appointment of commissioners by probate judge — 134 26. Report of commissioners ... . — 134 27. Assignment of schoi ars to .central high school „.. 134 28. Appointment of librarian 135 29. Bond of librarian - 135 30. Order on township treasurer for teacher's pay 135 31. Order on treasurer other than for teacher's pay 136 32. Form of deed... 136 33. Form of lease - 137 CHAPTER III.— ENUMERATION FORMS— 34. Enumeration of youth in sub-districts containing no school-land territory. 138 35. Enumeration of youth in sub-districts containing school-land territory.. 139 ^ 36. Enumeration returns of township clerk to county auditor 140 37. Auditor's return of enumeration to State commissioner 141 13 194 OHIO SCHOOL LAWS. CHAPTER IV.— FORMS FOR CLERKS, TEACHERS, AND TREASURERS— page 38. Bond of township treasurer as treasurer for board of education 142 .39. Certificate of treasurer's bond 142 40. Bond of treasurer for village or special school district 143 41. Bond of clerk — village or special school district 143, 144 42. Clerk's bond — township board of education 144, 145 43. Report and certificate of school funds in treasury 145 44. Final receipt of township treasurer 146 45. " " clerk... 146 46. Teacher's daily register 147 47. '■'■ term register 148, 149 48. " report to the township clerk 150, 151, 152 49. Township clerk's abstract of sub-district teachers' reports 153, 154, 155 50. Report of the board of education 156 51. Township treasurer's general account with township 162 52. " " account with the several sub-districts 163 .53. Report of the township treasurer to the county auditor 164 CHAPTER v.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, ETC.— .54. Appointment of school examiners 165 .55. Revocation of appointment of school examiner 166 56. Notice of meetings for the examination of teachers 166 57. Teacher's certificate 166 58. Revocation of teacher's certificate 167 59. Quarterly report to county treasurer 167 60. Form of school examiner's register 168 61. Report of school examiners to state commissioner 169 62. Auditor's report of teachers' institute fund 170 63. Constitution for county teachers' association 170 64. Report of colleges, seminaries, and academies 171 ** 3477