Book_J-5 SCHOOL LAWS OF IOWA FROM THE CODE OF 1897, THE SUPPLEMENT TO THE CODE OF 1907, AND THE AGTS OF THE THIRTY-THIRD AND THIRTY-FOURTH GENiiRAL ASSEMBLIES WITH NOTES, FORMS, AND DECISIONS FOR USE AND GOVERNMENT OF DIRECTORS AND SCHOOL OFFICERS EDITION OF 1911 A. M. DEYOE Superintendent op Public Instruction DES MOINES: EMORY H. ENGLISH, STATE PRINTER E. D. CHASSELL, STATE BINDER 1912 SCHOOL LAWS OF IOWA ^Y^ FROM THE CODE OF 1897, THE SUPPLEMENT TO THE CODE OF 1907, AND THE ACTS OF THE THIRTY-THIRD AND THIRTY-FOURTH GENERAL ASSEMBLIES WITH NOTES, FORMS, AND DECISIONS FOR USE AND GOVERNMENT OF DIRECTORS AND SCHOOL OFFICERS EDITION OF 1911 A. M. DEYOE Superintendent of Public instruction DE3 MOINES: EMORY H. ENGLISH, STATE PRINTER E. D. CHASSELL, STATE BINDER 1912 V ^y A»^ JUL 1 '912 CVJ* TRANSMIT TO SUCCESSOR Each school officer, upon the termination of his term of office, shall immediately surrender to his successor all books, papers and money pertaining or belonging to the office, taking a receipt therefor. Code, Section 2770. PREFACE The School Laws of Iowa, Section 2624, authorizes the Superintendent of Public Instruction, if he deems necessary, to cause to be printed every four years all school laws in force up to that time, with such notes, forms, rulings and decisions as may be of value to school officers in the discharge of their duties. Each school corporation and each director is entitled to receive a copy for which the school officers are responsible. These copies are to be delivered to successors in office and it is therefore urged that spe- cial pains be taken to preserve them. Copies of the school laws cannot be secured by writing the State Department, but school officers entitled to them shall inquire of their County Superintendent. Copies may also be purchased from the County Auditor of each county at twenty cents each. The explanatory notes printed herein have been prepared in accord- ance with recent legislation and the most recent rulings of the Su- preme Court, Superintendent of Public Instruction, and opinions of the Attorney General. References in most instances have been given which will indicate the source of authority and add value to their use. Those who desire additional information will find the Supreme Court decisions on file in every court house, which may be consulted upon application to the Clerk of the District Court. The appended decisions are those rendered by the Department of Public Instruction. Only such decisions as involve the most important points in law are contained in the present volume. Reading these decisions will give a clearer understanding of the laws. The sections will appear in practically the same order as in the 1907 edition. Sections of the Laws amended by the Legislature since the publication of the Edition of 1907, have been revised in accordance therewith. Entirely new legislation will be given under chapters which have been taken from the reports of the Thirty-third and Thirty- fourth General Assemblies. Until such time as a complete re-codifi- cation of our school laws takes place the present order must be main- tained. This book is submitted to the school officers of Iowa with the hope that such matter as may appear will be read thoughtfully and the knowledge gained thereby will enable the directors to perform better their duties to the public. A. M. DEYOE, Superintendent of Public Instruction. SCHOOL LAWS OF IOWA THE SUPERINTENDENT OF PUBLIC INSTRUCTION Section 2621. Office — records — deputy. The superintendent of pub- lie instruction shall have an office in the capitol, in which shall be filed and kept separately all papers, reports and documents, transmitted to him each year by the several county superintendents, and open to inspection by the governor or a committee of either house of the gen- eral assembly whenever required. He shall keep a record of all matters and things done in his office, which, together with all other papers and documents, at the conclusion of his term, shall be turned over to his successor. He may appoint a deputy, who shall qualify in like manner as his principal, and who, in the absence or inability or the superin- tendent, shall perform his duties. [C. 73, §§ 766-7, 770, 1578: C. '51, §§ 416, 1078.] Sec. 2622. Duties — teachers' conventions and institutes. He shall be charged with the general supervision of all the county superin- tendents and the common schools of the state ; may meet county super- intendents in convention at such points in the state as may be most suitable for the purpose, at which proper steps may be taken looking toward securing a more uniform and efficient administration of the school laws. He shall appoint, upon the request of county superin- tendents, the time and place for holding teachers' institutes, such institutes to be called when it is probable that not less than twenty teachers will be present, and remain in session not less than six work- ing days, of which time and place of meeting he shall give notice to the county superintendent of the proper county. lie shall attend teachers' institutes thus called in the several counties of the state, so far as consistent with his official duties, and assist in their man- agement and intruction. He shall have power to collect, publish and distribute statistical and other information relative to public schools and education in general; to visit teachers' association meetings and make tours of inspection among the common schools and other insti- tutions of learning in the state, and may deliver addresses upon sub- jects relative to education; to prepare, publish, and distribute blank forms for all returns he may deem necessary, or that may be required by law, of teachers, or school officers; to publish and distribute an- nually leaflets and circulars relative to arbor day, memorial day, and other days considered by him worthy of special observance in public schools, the number to be determined by the executive council; to prepare questions for the use of county superintendents in the exami- 8 SCHOOL LAWS OF IOWA nation of applicants for teachers' certificates; and to prepare, publish, and distribute, among teachers and school officers, courses of study for use in the rural and high schools of the state, the number thereof to be fixed by the executive council. "When any county superintendent fails to make any report as required of him by law the superintendent of public instruction may appoint some suitable person to perform such duties and fix reasonable compensation therefor, which shall be paid by the delinquent county superintendent. [31 G. A., ch. 3, § 6; 28 G. A., ch. 94, § 1; C. '73, §§ 1577, 1584; C. '51, sec. 1080.] Notes: 1. Term of institute. No teachers' institute will be appointed for less than six working days. There may be two or more sessions, but one of them must be of at least six working days' duration. 2. Supplemental institute. Supplemental institutes will be appointed for less than six days if requested by the county superintendent. The sup- plemental session should be requested in connection with the regular in- stitute. Sec. 2623. Opinions — appeals. He shall render opinions in writing upon request of any school officer regarding the school law, its admin- istration, and the duty of such officer, and shall determine all cases brought before him on appeal from the decisions of the county super- intendents. [C. '73, § 1577; a '51, § 1080.] Notes: 1. All questions answei-ed. It has been the custom for many years to answer all proper inquiries, from whatever source, touching the construction and application of the school laws. 2. Letters not returned. As all correspondence of value must be filed for preservation, it is obvious that it is impossible to comply with a request to return a letter with the reply. Sec. 2624. Publication of school laws. He shall every four years, if deemed necessary, cause to be printed and bound in cloth all school laws in force up to that time, with such notes, forms, rulings and decisions as may be of value in aid of school officers in the proper discharge of their duties, reference being made to previous laws amended or changed, so as to indicate the effect of such amendment or change ; one copy of which shall be sent to each county superintendeiit, and one to each district and independent district in the state, to be distributed by the several county superintendents. Volumes bound in paper covers shall be furnished to each school director to be dis- tributed by the county superintendent, which shall be turned over by the director to his successor in office. Should he deem it unnecessary at any time to prepare a volume as above provided, the superintendent may cause to be published in pamphlet form such amendments to the school laws as have been passed by the general assembly, which shall be distributed in the manner and to the parties hereinbefore provided. He may subscribe for a sufficient number of copies of some educational school paper, printed and published in the state, to furnish one to each county superintendent ; but no paper shall be selected which will not publish each decision made by him relating to the school law, and which he may regard of general importance ; and the certificate of hav- ing thus subscribed shall be sufficient authority for the auditor of state SCHOOL LAWS OF IOWA 9 to issue his warrant upon the state treasurer for the amount of the subscription. [22 G. A., eh. 59 ; 18 G. A., ch. 150, §§ 1, 2 ; C. '73, §§ 1579, 1581.] Sec. 2625. Reports. He shall on the first day of January report to the auditor of state the number of persons in each couhty between the ages of five and twenty-one years, and biennially to the governor; which report shall contain a statement of the condition of the common schools in the state, the number of school townships and districts therein, number of independent districts, number of teachers, number of schools, number of schoolhouses and value thereof, number of per- sons of school age, number of scholars in each county attending school the previous year, number of books in district libraries, the value of all apparatus in schools, and such other statistical information as may be of public importance, plans matured or adopted for the more perfect organization and efficiency of the common schools; and any sugges- tions he may deem important, regarding further legislation, which will strengthen the common schools of the state. Provided, however, he shall make a report during the year 1906, which said report shall cover the period only from the date of his last biennial report, and shrill report to the governor biennially thereafter. [31 G. A., ch. 121; 22 G. A., ch. 82, § 29 ; C. '73, §§ 1582-3 ; C. '51 § 1086.] Note: Explanation. The word districts in line live means subdistricts. Sec. 2626. Appropriations for institutes. To defray the expenses of county teachers' institutes, there is hereby appropriated out of any moneys in the state treasury not otherwise set apart a sum not to exceed fifty dollars annually for each institute held in each county, which sum the superintendent shall receive from the state treasurer, upon the warrant of the state auditor, to be issued to him upon his certificate; which amount, when drawn, shall be forthwith remitted to the proper county superintendent. If any balance remains of this sum after paying the expenses of the institute, it shall be covered into the county treasury of the proper county and credited to the institute fund. [C. '73, § 1584.] Sec. 2627. Salary and expenses. The salary of the superintendent of public instruction shall be twenty-two hundred dollars per annum, and that of his deputy eighteen hundred dollars, to be paid monthly upon the warrant of the state auditor, and, in addition thereto, the state superintendent shall receive three hundred dollars annually, or so much thereof as may be necessary, to pay actual traveling expenses incurred in the performance of official duties, to be allowed upon an itemized and verified account filed with the state auditor, who shall draw his warrant upon the state treasurer for the amount allowed. [32 G. A., ch. 2, § 5; 28 G. A., ch. 94, § 2; 22 G. A., ch. 109, § 1 ; 21 G. A., ch. 118, § 6 ; C. '73, § 3760.] THE EDUCATIONAL BOARD OF EXAMINERS Sec. 2628. Members. The educational board of examiners shall consist of the superintendent of public instruction, president of the university, principal of the normal school, and two persons to be ap- 10 SCHOOL LAWS OF IOWA pointed by the governor, one of whom shall be a woman, the appointees to hold office for a term of four years and be ineligible as his or her successor, the superintendent of public instruction to be by virtue of his office president of the board. [19 G. A., eh. 167, § 1.] Sec. 2629. Meetings — examination. The board shall meet for the transaction of business at such times and places as the president may direct, and shall annually hold at least two public examinations of teachers, to be conducted by a member or the secretary of the board or by such qualified person or persons as the board may select. All exam- inations shall be conducted in accordance with rules and regulations adopted by the board, not inconsistent with the laws of the state, and a record shall be kept of all its proceedings. It may issue state certifi- cates and state diplomas to such teachers as are found upon examination to possess a good moral character, thorough scholarship and knowledge of didactics with successful experience in teaching, or with such other training and qualifications as the board may require. The examination for, certificates and diplomas shall cover orthography, reading, writing, arithmetic, geography, English grammar, bookkeeping, physiology, his- tory of the United States, algebra, botany, natural philosophy, draw- ing, civil government, constitution and laws of the state, and didactics ; those for diplomas, in addition to the foregoing, geometry, trigonom- etry, chemistry, zoology, geology, astronomy, political economy, rhetoric, English literature, general history, and such other studies as the board may require. [32 G. A., ch. 6, § 2; 29 G. A., ch. 114; 28 G. A., ch. 95 ; 19 G. A., ch. 167, §§ 2-4.] Sec. 2630-b. Special certificates. The educational board of exam- iners may issue a special certificate to any teacher of music, drawing, penmanship or other special branches, or to any primary teacher, of sufficient experience, who shall pass such examJnation as the board may require in the branches, and methods pertaining thereto, for which the certificate is sought. Such certificates shall be designated by the name of the branch, and shall not be valid for any other depart- ment or branch. The board shall keep a complete register of all per- sons to whom certificates or diplomas are issued. [28 G. A., ch. 96, § 2; 23 G. A., ch. 22.] Notes: 1. Mnds. Under authority of tliis section, the board of examiners may issue special state certificates for any subject or group of subjects taught or maintained in the public schools. 2. For whom. The special state certificate is intended for teachers of special branches, as a recognition of professional skill, expert scdiolarship, and successful experience in teaching a particular subject. 3. Scholarship. While the candidate must possess complete and technical knowledge of the special branch' for the teaching of which a certificate is desired, some general education and culture will be required, as a certificate cannot be granted on account of proficiency in one subject only. 4. Subjects. The (holder of a special certificate will be authorized to teach the branch specified, in any public school in the state for a period of five years. Section 2631. A special primary certificate authorizes the holder to teach in primary departments. Primary departments are held to include work in first, second and third grades. 5. Special county certificates, See section 2734-e. SCHOOL LAWS OF IOWA 11 Sec. 2630-c. Validation authorized. The state educational board of examiners is hereby empowered to validate certificates issued by state departments of education in other states, where such certificates were issued upon evidence of scholarship and experience equivalent to that required for like certificates under the laws of this state. Such vali- dated certificate shall authorize the holder to teach in any public school in the state for five years after date of such validation. [34 G. A., ch. 130, § 1; 32G. A., ch. 149.] Note: Certificates on college graduation. Sections 2634-f to 2634-li. Sec. 2631. How long valid — revocation — fees. A state certificate shall authorize the holder to teach in any public school in the state for five years thereafter, and a diploma shall confer such authority for life; but any certificate or diploma may be revoked by the board for sufficient cause, or such cause as would, if known at the time, have pre- vented issuance thereof, provided the holder of such certificate or diploma shall have due notice, and shall be allowed to be present and make his defense. For each certificate issued the applicant shall pay two dollars, and for each diploma five dollars, which may be reqviired before the examination is commenced. All monies obtained from this source shall be paid into the state treasury. [32 G. A., ch. 6, § 3; 19 G, A., ch. 167, §§ 5, 6.] Notes: 1. Subjects for which valid. Holders of any valid license, not a special certificate, may teach any subject prescribed In the curriculum, whether the holder was examined in such subject. Attorney-general, report 1906, page 42. (For validity of special state certificates, see section 2630-b.) 2. No exemption. The fact that a teacher holds a state certificate, or a state diploma, does not In any way exempt him from the same obligations imposed by the law upon other teachers. It is the duty of all teachers to attend the county normal institute and to support the county superintendent In all measures calculated to Improve the schools and to advance the inter- ests of education in the county. 3. Registration of certificates. All certificates and diplomas must be reg- istered In each county in which the holder desires to teach. Section 2734-q. Sec. 2632. Eepeal. There is hereby repealed sections twenty-six hundred thirty-two (2632) twenty-seven hundred thirty-four (2734), twenty-seven hundred thirty-five (2735), twenty-seven hundred thirty- six (2736), twenty-seven hundred thirty-seven (2737) of the code, and sections twenty-seven hundred thirty-four (2734). twenty-seven hun- dred thirty-six (2736), twenty-seven hundred thirty-seven (2737) of the supplement to the code, and following enacted in lieu thereof: Sec. 2633. Account of moneys. The board shall keep an accurate and detailed account of all money received and expended, which, with a list of those receiving certificates or diplomas, shall be published by the superintendent of public instruction in his annual report. [19 G. A., ch. 167, § 9.] Sec. 2634-a. Repeal — compensation — secretary — employes — salaries. That section twenty-six hundred thirty-four-a (2634-a) of the supple- ment to the code be, and the same is hereby, repealed and the following enacted in lieu thereof : 12 SCHOOL LAWS OF IOWA ''Each member of the board shall receive for the time actually em- ployed in such service, his actual necessary expenses, and those not salaried officers or employes of the state or any institution thereof shall be paid in addition three ($3.00) dollars per day. The board shall have power to employ a secretary and prescribe his duties. He shall receive a salary not exceeding one hundred . ($100.00) dollars per month and actual necessary expenses while engaged in the per- formance of his duties at places other than the capitol. The board shall have power to employ such persons as are necessary to assist in examinations and in reading answer papers and for clerical work and other necessary assistance. Persons so employed shall receive, not to exceed fifty cents per hour for the time actually employed and actual traveling expenses to and from the place where their services are required. All expenditures authorized to be made under the provisions of chapter two (2) of title thirteen (XIII) of the code and of the sup- plement to the code and amendments thereto and under the provisions of chapter one hundred and twenty-two (122), acts of the thirty-first general assembly and under the provisions of this act shall be cer- tified by the chairman of the educational board of examiners to the executive council for payment. If found correct the executive council shall cause same to be paid from any funds paid into the state treas- ury under the provisions of section twenty-six hundred thirty-one (2631) of the code and chapter one hundred twenty-two (122), acts of the thirty-first general assembly and amendments thereto," [32 G. A., ch. 6, § 4; 27 G. A., ch. 11; 25 G. A., ch. 36; 19 G. A., ch. 167, §8.] Note: For the convenience of school people the department of public instruction has given numbers to sections 2634-b-2634-b6. Sec. 2634-al. Printing. This act shall be construed as giving legal authority to the educational board of examiners to obtain all the neces- sary printing for the performance of their duties, as required by law, in the same manner as the printing is provided for state officers. [Same, § 5.]. NORMAL TRAINING IN HIGH SCHOOLS. Sec. 2634-b. Eepeal. Section twenty-six hundred and thirty-four-b (2634-b), twenty-six hundred and thirty-four-c (2634-c), and twenty- six hundred and thirty-four-d (2634-d), of the supplement to the code of 1907, are hereby repealed and the following enacted in lieu thereof: [34 G. A., ch. 131.] Sec. 2634-c. Normal courses in certain high schools. For the pur- pose of increasing the facilities for training teachers for the rural schools, by requiring a review of such common branches as may be deemed essential by the superintendent of public instruction and for instruction in elementary pedagogy and the art of teaching elementary agriculture and home economics, provision is hereby made for normal courses of study and training in the eleventh and twelfth grades in such accredited four year high schools as the superintendent of public SCHOOL LAWS OF IOWA 13 instruction may designate, provided that such high schools shall be se- lected and distributed with regard to their usefulness in supplying trained teachers for the rural schools of all portions of the state and with regard to the number of teachers required for the rural schools in each portion of the state. It is further provided that where a county high school or a township high school can meet the requirements of the superintendent of public instruction, it shall be given preference over a city high school. [34 G. A., ch. 131.] Notes: 1. Private and denominational schools are eligible to qualify under this law but may not receive financial aid. 2. Private and denominational schools, in order to be eligible to the pro- visions of this act, must maintain a course that is equivalent to that maintained in a four-year high school. 3. A class of ten enrolled in the normal course may be composed in part from those enrolled in the eleventh grade, and in part from those enrolled in the tvsrelfth grade. Sec. 2634-d. Private and denominational schools. Private and de- nominational schools are eligible to the provisions of this act, except as to receiving state aid. [34 G. A., ch. 131.] Sec. 2634-dl. State aid — reports — limitations. Each high school ap- proved under the provisions of this act shall receive state aid to the amount of five hundred dollars ($500.00) per annum, payable in two equal installments at the close of each semester as hereinafter provided. The superintendent of each approved training school shall at the close of each semester file such report with the superintendent of public instruction as said officer may require. Upon receipt of a satisfactory report the superintendent of public instruction shall issue a requisition upon the auditor of state for the amount due the school corporation of said high school for said semester, whereupon the auditor of state shall draw a warrant on the state treasury payable to said school corporation for the amount of said requisition and forward the same to th^ secretary of said school corporation. It is further provided that in case more than one high school in any county shall be approved under the provisions of this act that the total state aid distributed in such county shall not exceed eight hundred dollars ($800.00) to be divided equally among said high schools. No high school shall be approved as entitled to state aid unless a class of ten (10) or more shall have been organized, maintained and instructed during the preceding semester in accordance with the pro- visions of this act and the regulations of the superintendent of public instruction. [34 G. A., ch. 131.] Sec. 2634-d2. Inspector — salary — traveling expenses. The appro- priation provided by this act for instruction of pupils in high schools in the science and practice of rural school teaching and the teaching of elementary agriculture and home economics, may be expended in part for inspection and supervision of such instruction by the super- intendent of public instruction and by such person as he may designate, and the expense of such inspection and supervision shall be paid out of said appropriation on vouchers certified by the superintendent of pub- 14 SCHOOL LAWS OF IOWA lie instruction. In accordance with the foregoing provisions of this section, the superintendent of public instruction is authorized to appoint an inspector of normal training in high schools and private and denom- inational schools at a salary of not to exceed two thousand dollars ($2,000.00) per year and necessary traveling expenses while in the discharge of his duties. [34 G. A., ch. 131.] Sec. 2634-d3. State superintendent to prescribe conditions of admis- sion, etc. The superintendent of public instruction shall prescribe the conditions of admission to the normal training classes, the course of instruction, the rules and regulations under which such instruction shall be given and the requirements for graduation subject to the provisions of this act. [34 G. A., ch. 131.] Sec. 2634-d4. Examinations for graduation— fees. On the first Fri- day in February and the Wednesday and Thursday immediately pre- ceding and on the second Friday in May and the Wednesday and Thurs- day immediately preceding, each year, in each high school approved under this act, an examination for graduation from the normal training course shall be conducted under such rules as the state board of ex- aminers shall prescribe, but the county superintendent of the county in which an approved high school may be located shall be designated as the conductor of said examination. Each applicant for a certificate of graduation shall pay a fee of one dollar ($1.00), one-half of which shall be paid into the state treasury on or before the first day of the succeeding month, and one-half of which shall be paid into the county institute of the county wherein the examination is held. [34 G. A., ch. 131.] Sec. 2634-d5. Certificate of graduation. A certificate of graduation from the normal training course provided for in this act shall be issued by the superintendent of public instruction and shall be a valid license to teach in any public school in the state for a term of two years, sub- ject to registration as provided for other teachers' certificates. After thirty-six weeks of successful teaching experience, which -shall be certified _ by the county superintendent of the county under whose supervision the applicant may have taught, any person holding a normal training certificate issued under the provisions of this act shall receive a uniform county certificate of such grade as the requirements governing the issuance of uniform county certificates would entitle said person to receive. [34 G. A., eh. 131.] Sec. 2634-d6. Appropriation. For the purpose of carrying out the provisions of this act, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of twenty- five thousand dollars ($25,000), available for the period ending July 1, 1912, and the sum of fifty thousand dollars ($50,000) annually there- after. [34 G. A., ch. 131.] Sec. _2634-e. Sworn statement. At the close of each school year, the principal or superintendent of each accredited school shall file with the board of examiners a sworn statement, showing the name, age, postoffice address, studies and attendance of each of the students SCHOOL LAWS OF IOWA 15 in bis school taking the prescribed teachers' course. [29 G. A., ch. 115, § 4.] Sec. 2634-f. Graduates from accredited colleges. That the state educational board of examiners may accept graduation from the regu- lar and collegiate courses in the state university, state normal schools, and the state college of agriculture and mechanic arts, and from other institutions of higher learning in the state having regular and collegiate courses of equal rank, as evidence that a teacher possesses the scholar- ship and professional fitness for a state certificate. [32 G. A., ch. 148, Sec. 2634-g". State certificates granted. That in all cases where such graduation shows the extent and quality of scholarship that is required by section twenty-six hundred and twenty-nine (2629) of the supplement to the code, and when the teacher possesses a good moral character and satisfies the board of being professionally qualified, there shall be granted by said board of examiners a state certificate valid for five vears to teach in anv public school in the state. [32 G. A., ch. 148, § 2.] Note: Certificates. By examination, sections 2629, 2630-b. On Certifi- cates from other states, 2630-c. Sec. 2634-h. Renewal. All certificates referred to in section twenty- six hundred twenty-nine (2629), twenty-six hundred thirty-b (2630-b), twenty-six hundred thirty-c (2630-c), twenty-six hundred thirty-four-f (2634-f), and twent.y-six hundred thirty-four-g (2634-g), of the sup- plement to the code, 1907, shall be renewed for life by the state board of educational examiners upon the payment of a fee of five dollars ($5.00) and proof of at least five years' successful teaching, three of which shall have been during the time the said certificate (with re- newals) has been in force. [34 G. A., ch. 130, § 3 ; 32 G. A., ch. 148, §3.] See. 2734-a. Repeal. There is hereby repealed sections twenty-six hundred thirty-two (2632), twenty-seven hundred thirty-four (2734), twenty-seven hundred thirty-five (2735), twenty-seven hundred thirty- six (2736), twenty-seven hundred thirty-seven (2737) of the code, and sections twenty-seven hundred thirty-four (2734), twenty-seven hun- dred thirty-six (2736), twenty -seven hundred thirty-seven (2737) of the supplement to the code, and the following enacted in lieu thereof. [31 G. A., ch. 122, § 1.] Sec. 2734-b. County superintendent — qualifications — deputy. The county superintendent, who may be of either sex, shall be the holder of a first grade certificate as provided for in this act, or a state certifi- cate or a life diploma, and shall, during his term, be ineligible to the office of any school director or member of the board of supervisors If for any cause he is unable to attend to his official duties, he may appoint a deputy, who may act in his stead, except in visiting schools and trying appeals. He shall serve as the organ of communication between the superintendent of public instruction and school township, district or independent district authorities, and transmit to them or the teachers thereof all blanks, circulars or other communications designed for them. He shall visit the different schools in his county 16 SCHOOL LAWS OF IOWA at least once during the school year and at such other times as he may be requested by a majority of the directors of any school corporation, and give personal instruction to the pupils for at least one-fourth of the day. The county superintendent shall on the first Monday of each month file with the county auditor an itemized and sworn statement of actual traveling expenses incurred during the previous month in visit- ing schools and in attending educational meetings within his county, and such expenses shall be paid by the county board of supervisors, but the total amount paid for any month shall not be more than twenty dollars. [31. G. A., ch. 122, § 1.] Notes: 1. Certificate in force. To be eligible to the office of county superintendent a candidate must have held — and in force — a first grade cer- tificate, a state certificate, or a life diploma. 135 Iowa, 100. 2. Personal supervision. Personal supervision by the county superin- tendent is understood to extend to all schools. Visitation by the county superintendent of city graded schools is not compulsory. During his visit to a school the superintendent may hear recitations and give instructions to pupils, but usually the regular work of the sdhool should proceed under the immediate direction of the teacher. 3. Visitation. The superintendent in his visits should endeavor to aid, instruct, and inspire teachers to employ the best methods of teaching, gov- erning and conducting their schools. He should try to secure the proper classification of pupils, the right use of the course of study and school libraries, and due care and protection of school property. He should study to awaken among parents and children a deeper interest in the public schools, so as to secure improved attendance, deportment and scholarship, and induce more frequent visits of parents and school ofiicers. A judicious visit from the superintendent may often infuse new life into the school. 4. Condition of buUddngs. The county superintendent should carefully ob- serve the condition of the schoolhouse and surroundings, note all defects, and at once notify the director or board of the same. 5. Statement of traveling expense. The itemized statement of traveling expenses must give the date the expense was incurred, for what, to whom paid, and the amount paid. 6. Deputy — bond — compensaticn. A deputy of the county superintendent may receive such a reasonable allowance for his services as the board of supervisors thinks best. The deputy must take the same oath as his prin- cipal, must give a bond, and both appointment and bond must be approved by the board of supervisors before the deputy may enter upon the duties of his ofiice. Code, section 1186. 7. Legal adviser. The county attorney is the legal adviser of the differ- ent county officers. He should be freely consulted on questions of law upon which the county superintendent is in doubt. Section 2740. Code, sec- tion 302. Sec. 2734-c. Examinations. On the last Friday and Wednesday and Thursday preceding in the months of January, June, July and October, the county superintendent shall meet and, with such assistants as may be necessary, examine all applicants for a teacher's certificate. Such examinations shall be held at the county seat, in a suitable room which shall be provided for that purpose by the board of supervisors ; but the county superintendent may, at his discretion, cause to be held at the time of any regular examination an additional exainination at some other place in the county. The questions used in such examinations shall be furnished by the educational board of examiners, who shall SCHOOL LAWS OP IOWA 17 cause the same to be printed, and the examinations shall be conducted strictly under rules prescribed by the board. [31 G. A., ch. 122, § 3.] Notes: 1. Supplemental examination. Where two examinations are held in a county, one will be in charge of a competent deputy appointed by the county superintendent. It is only in exceptional cases and where a large num- ber of applicants will be accommodated that a second examination should be authorized. 2. Assistants — comijensation of. The county superintendent should ap- point such assistants as may be necessary to properly conduct the examina- tion. The persons assisting shall file claims for their services with the board of supervisors, who shall audit and allow a reasonable compensation there- for. Section 2742. Sec. 2734-d. First grade certificates — subjects. The examination for the first grade certificate shall include competency in and ability to teach orthography, reading, writing, arithmetic, geography, grammar, history of the United States, didactics, elementary civics, elementary algebra, elementary economics, elementary physics, elements of vocal music, physiology and hygiene, vt'hich in each division of the subject shall include special reference to the effects of alcohol, stimulants and narcotics upon the human system. [31 G. A., ch. 122, § 4.] Notes: 1. Subjects for which valid. Holders of any valid license, not a special certificate, may teach any subject prescribed in the curriculum, whether the holder was ex'amined in such subject. Attorney-general, report 1906, page 42. 2. Validity. First grade certificates are valid in any county in which they are registered. Section 2734-q. 3. Term — renewal. A first grade certificate is issued for three years and is renewable subject to conditions named in section 2734-g. Sec. 2734-e. Special certificates. A special certificate may be issued for any subject or any group of subjects taught in the public schools of Iowa upon examination in such special subject or group of subjects and per cents therein such as are required for the issue of a first grade county certificate. A special certificate shall be issued for a terra of three years and shall be renewable under the same conditions as apply to the renewal of first grade certificates. It shall state the names of the subjects for which it is issued, and shall not be valid for the teaching of any other subjects. [34 G. A., ch. 130, 77, § 4 ; 31 G. A., ch. 122, § 5.] Notes: 1. Kinds of special certificates. The following kinds of special certificates are issued: 1, music; 2, penmanship; 3, drawing; 4, kindergar- ten; 5, domestic science; 6, manual training; 7, Latin; 8, German; 9, Greek; 10, French; 11, physical culture; 12, English, including grammar, rhetoric, English composition and English and American literature; 13, history and political science, including Greek, Roman, English and American history, civil government of Iowa and of the United States, and economics; 14, mathematics, including higher arithmetic, algebra, geometry and trigonom- etry; 15, natural science, including pihysiology, physical geography, geology, botany and zoology; 16, physical science, including physics, chemistry and astronomy; 17, commercial, including arithmetic, penmanship, bookkeeping and commercial law; 18, stenography. 2. Subjects may be added. Any candidate passing in one of these groups can at his option add another subject or group of subjects to said group 2 18 SCHOOL LAWS OF IOWA without paying an additional fee, provided the examination is completed at a given date. 3. Subjects for which valid. The holder of a special certificate may teadh only the subjects named. 4. Validity. Special certificates are valid in any county in the state in which are registered. Section 2734-q. 5. Renewal. See sections 2734-g and 2734-k. 6. Special state certificates. Section 263 0-b. See. 2734-f. Record of examinations. A record shall be kept by the county superintendent of all examinations taken within his county, with the name, age and residence of each applicant, and the date of the examination. [31 G. A., ch. 122, § 6.] Notes: 1. Records. The records of the examinations should be care- fully kept, because from them the reports to the board of supervisors, county and state treasurers and superintendent of public instruction must be made. 2. Details. This record should show the names of the candidates, fees received and date, and grade of certificate issued to each. Sec. 2734-g. First grade certificates — renewal. Applicants who have taught successfully for at least thirty-six weeks, and whose ex- amination entitles them to the first grade certificate, shall receive the same for a term of three years from the date thereof, and such certif- icate shall be renewable without examination, provided the applicants shall show by testimonials from superintendents or principals who have had immediate supervision of their professional study that at least one line of professional inquiry has been successfully conducted during the life of the certificate, it being made the duty of the board to forward with each certificate subject to renewal, outlines setting forth various lines of professional study. It is provided further that each applica- tion for renewal shall be accompanied by such proof of successful experience and professional spirit as the educational board of examiners may require. [34 G. A., ch. 130, § 5 ; 33 G. A., ch. 181, § 1 ; 31 G. A., ch. 122, § 7.] Sec. 2734-h. Second grade certificates — renewal. Applicants whose examination entitles them to second grade certificates only, shall re- ceive the same for not to exceed two years with the privilege of renewal of the same without further examination under the same conditions as govern the renewal of first grade certificates. The holder of a second grade certificate, may at any of the examinations provided for in section twenty-seven hundred thirty-four-e (2734-c) of the supple- ment to the code, 1907, take an examination in any one or more of the additional branches, required for the issue of a first grade certificate, or he may at any such time be re-examined in any branch or branches in which he desires to raise his grade, and in each case the new per cent shall be placed on his certificate, and when he has thus success- fully passed in all the branches required for the issue of a first grade certificate, such certificate shall then be issued to him, provided he has had at least thirty-six weeks' successful experience in teaching, if not, then at the conclusion of such experience. In like manner third grade certificates may be changed into those of the second or first grade, and in all cases whether the certificate be of the first, second or SCHOOL LAWS OF IOWA 19 third grade, credit shall be given for all examinations taken under the auspices of the board, it being the intention of the law that an examina- tion once taken shall be final unless the certificate holder desires to be re-examined in any one or more branches with a view of raising his per cent in such branches or his general average. [34 G. A., ch. 130, § 6; 33 G. A., ch. 181, § 2; 31 G. A., ch. 122, § 8.] Notes: 1. Subjects. The examination for a second grade certificate in- cludes competency in and ability to teach all the subjects enumerated in section 2734-d excepting elementary civics, elementary economics, ele- mentary algebra and elementary physics. 2. Subjects for which valid. See note 1, section 2734-d. 3. Validity. Second grade certificates are valid in any county in which they are registered. Section 2734-q. 4. Term — ^renewal. A second grade certificate is issued for a term of two years and may be renewed indefinitely. Sec. 2734-hl. Renewal for life — conditions — fee. All certificates re- ferred to in sections twenty-seven hundred thirty-four-d (2734-d) and twenty-seven hundred thirty-four-e (2734-e) of the supplement to the code, 1907, in section twenty-seven hundred thirty-four-g (2734-g) of the supplement to the code, 1907, as amended by chapter one hundred eighty-one (181) of the acts of the thirty-third general assembly and by section five (5) of this act, and in section six (6) of this act, shall be renewed for life by the state board of educational examiners upon compliance by the holder with the following conditions: 1. The applicant shall show by testimonials from county or city superintendents or from the principals having immediate supervision of his school work and from a member of the local school board that he has had at least five years' continuous successful teaching experience (which may have been before or after the passage of this act) at least three of which shall have been immediately prior to the time validation is sought and under the grade of certificate for which such validation is desired. 2. The standing of such applicant in the several branches shown upon his certificate shall average not less than eighty-five per cent and in no branch shall the per cent be less than eighty per cent, provided that in case the standing is less than the per cent required, either average or special, the holder of the certificate may, at any of the times provided in section twenty-seven hundred thirty-four-c (2734-c) of the supplement to the code, 1907, take an examination in any branch or branches he may desire and the per cent then received shall be entered upon his certificate. 3. The applicant shall furnish proof of professional study during the entire five year period such as is made necessary in the case of teim renewals of certificates. Upon the issue of a life certificate as herein contemplated, the ap- plicant shall pay a fee of five dollars ($5.00) to be turned into the state treasury. [34 G. A., ch. 130, § 7.] Sec. 2734-i. Third grade certificates. Applicants whose examination entitles them to a third grade certificate only, shall receive the same for one year, at the end of which time upon proof of successful teach- 20 SCHOOL LAWS OF IOWA ing and the payment of a fee of one dollar ($1.00), one renewal shall be granted. [34 G. A., Sub. S. F. 77, § 8 ; 31 G. A., ch. 122, § 9.] Notes: 1. Subjects. Same as note 1 to section 2734-lh. 2. Subjects for which valid. See note 1, section 2734-d. 3. Validity. Third grade certificates are valid in any county in which they are registered. Section 2734-q. 4. Term — ^renewal. Third grade certificates are issued for 12 months and are eligible to one renewal. 5. Credits. Applicants advancing from a third grade certificate under this section must do so while the certificate or its renewal is in force. Sec. 2734-j. Applicants without experience. Applicants who have had no experience in teaching, but whose examination entitles them to the first grade, shall receive a second grade certificate for two years, provided that when they have taught successfully under such certificate for not less than thirty-six weeks, they shall be entitled to receive a first grade certificate on the condition herein provided for a renewal of a certificate, [31 G. A., ch. 122, § 10.] Sec. 2734-k. County certificates — ^renewal — conditions. That sec- tion twenty-seven hundred thirty-four-k (2734-k) of the supplement to the code, 1907, is hereby repealed. [34 G. A., ch. 130, § 9 ; 31 G. A., ch. 122, § 11.] Sec. 2734-k-l. Life certificates lapse — when. All life certificates provided for in this act shall lapse provided the holder shall not teach during a period of five successive years. [34 G. A., ch. 130, § 10.] Sec. 2734-1. Qualifications of applicants. Before admitting any one to the examination, the county superintendent must be satisfied that the person seeking a certificate is of good moral character, of which fact he may require proof, and is in all respects other than in scholar- ship possessed of the necessary qualifications as an instructor. [31 G. A., eh. 122, § 12.] Sec. 2734-m. Examination papers graded — certificates issued. As soon as the examination is completed the county superintendent shall forward to the superintendent of public instruction, a list of all appli- cants examined, with the standings of each in didactics and oral read- ing, and his estimate of each applicant's personality and general fitness, other than scholarship, for the work of teaching. He shall at the same time forward to the superintendent of public instruction the answer papers written, with the exception of those in didactics. Under the supervision of the educational board of examiners, the papers shall be graded and the scholastic qualifications determined. The result of such examination of persons who pass the same shall be entered upon a certificate provided by such board, and shall be transmitted to the county superintendent of the county in which the person entitled thereto resides. [31 G. A., ch. 122, § 13.] Notes: 1. Report of examination. All certificates are sent to the county superintendent, who should forward tihem to the persons to whom issued. At the same time, the report of the standing of those who do not receive certificates is sent to the county superintendent, who should at once notify each candidate of his standing. SCHOOL LAWS OF IOWA 21 2. Checking. Immediately upon receipt of the certificates, the county superintendent should check each one with the examination sheet. By doing so, errors may be avoided. Sec. 2734-n. Readers — clerical help. Immediately following each examination authoi'ized by this act, the board of examiners shall call to their assistance a sufficient number of competent readers previously selected by the board, ten of whom shall be county superintendents. The county superintendents so chosen shall be known as head readers and shall also constitute a review board in cases of doubt. They shall also make a list of applicants from each county, nearest the passing mark for a third grade certificate. The head readers shall receive necessary traveling expenses only. All other readers shall receive actual traveling expenses to and from the capitol and not to exceed fifty cents an hour for time actually employed in reading and marking answer papers. Such additional clerical help as may be required may be employed by the board at not to exceed thirty cents per hour for time actually employed. [31 G. A., ch. 122, § 14.] Sec. 2734-0. Expenditures certified and paid. All expenditures authorized by this act shall be certified by the superintendent of public instruction to the executive council, who shall cause the auditor of the state to draw warrants therefor upon the treasurer of state, but not to exceed the fees paid into the treasury under the provisions of this act. [31 G. A., ch. 122, § 15.] Note: For amendment see section 2634-a. Sec. 2734-p. Application fee. Each applicant for a certificate shall pay a fee of one dollar, one-half of which shall be paid into the state treasury on or before the first day of the succeeding month, and one- half shall be paid into the county institute fund. [31 G. A., ch. 122, § 16.] Notes: 1. Fees — collection of. A fee of $1 must be collected from every- one writing an examination either in part or in whole, from everyone apply- ing for a provisional certificate and from everyone applying for the renewal of a certificate. 2. Fees — depositing. One-half of the examination fee collected must be paid into the institute fund and the other half must be forwarded to the treasurer of state, Des Moines, Iowa. These fees should be deposited on the FIRST DAY OF THE MONTH. Do not remit to the state treasurer on any other date. Sec. 2734-q. Registration fee. No person shall teach in any public school in this state whose certificate has not been registered with the coimty superintendent of the county in which such school is located. [34 G. A., ch. 130; 31 G. A., ch. 122, § 17.] Notes: 1. All licenses must be registered. Every person holding either a state certificate, state diploma, a county certificate, a special certificate, or a certificate to teach in kindergartens, who desires to teach, in any of the public schools of this state must cause such certificate to be registered with the county superintendent of the county in which he desires to teach, no matter when the certificate is issued, whether before or since October 1, 1906. Opinion of attorney-general. 22 SCHOOL LAWS OF IOWA 2. Registi'ation — when not necessary. The holder of a certificate may not be required to have the same registered unless he desires to teach under its authority. Sec. 2734-q-l. Acts in conflict repealed. All acts and parts of acts inconsistent with the provisions hereof are hereby repealed, and when so amended the bill do pass. [34 G. A., ch. 130, § 13.] Sec 2734-r. Third grade certificates — when not registered. In case a sufficient number of life diplomas, state certificates, first grade cer- tificates, special certificates and second grade certificates are held in any county to supply the schools thereof, it shall not be incumbent on the county superintendent to register third grade certificates. [31 G. A., ch. 122, § 18.] See. 2734-s. Special examination — provisional certificates. When a sufficient number of licensed teachers cannot be secured to fill the schools of any county, the board of examiners may, upon the request of the county superintendent, appoint a special examination for such county to be conducted in all respects as a regular examination and the answer papers to be forwarded to the president of the board as required in regular examinations, and thereupon provisional certifi- cates may be issued by the educational board of examiners. [31 G. A., ch. 122, § 19.] Notes: 1. It is recommended that county superintendents observe strict- ly the rules under which provisional certificates are issued. Such observ- ance will increase the efiiciency of all departments of public school work. 2. Provisional certificates — number. It is clearly tihe intent of the law that provisional certificates shall be "emergency certificates/' and that not more than one should be issued to any person. County superintendents should not ask for these certificates except under great necessity. Only under exceptional conditions should a provisional certificate be asked for any individual the second time. Sec. 2734-t. Certificates where valid — revocations. All certificates provided for in this act shall be valid in any county within the state, when registered in such county, but a provisional certificate shall be valid, upon registration, only in the county in which it is issued and shall be issued for the same time and subject to the same extension as a third grade certificate, but no person shall be entitled to receive more than one provisional certificate, except upon the approval of the county superintendent. Any certificate or diploma issued by the board may be revoked for any cause which would have authorized or required a refusal to grant the same, or in case the holder thereof violates any of the provisions of this act. [31 G. A., ch. 122, § 20.] Sec. 2734-u. Revocation of certificate — charges — trial — appeal. When in the judgment of the county superintendent there is probable cause for the revocation of a certificate or diploma held by any teacher employed in his county, or when charges are preferred, supported by affidavits charging incompetency, immoralitj, intemperance, cruelty, or general neglect of the business of the schoo^^, the county superintend- ent shall within ten days transmit to such person a written statement of the charges preferred and set the time and place for the hearing of the same, at which trial the teacher shall be privileged to be present SCHOOL LAWS OF IOWA 23 and make defense. If in the judgment of the county superintendent there is sufficient grounds for the revocation of the certificate or di- ploma, he shall at once issue in duplicate an order revoking the cer- tificate or diploma, and the same shall become operative, and of full force and effect ten days after the date of its issue, one copy of the order to be mailed to the holder of the certificate and the other to be mailed to the superintendent of public instruction. Provided that the person aggrieved by such order shall have the right to appeal to the superintendent of public instruction within ten days from the date of such mailing and in case of appeal the revocation shall not be effective until the same is affirmed, after full hearing, by the superintendent of public instruction. Provided further, that in the case of life diplomas or state certificates of whatever class, the revocation shall not be effective until affirmed by the educational board of examiners after full review by said board. [31 G. A., ch. 122, § 21.] Sec. 2734-v. List of persons holding- certificates and attending nor- mal institutes. The county superintendent shall annually, on the first Monday of September, file with the president of the educational board of examiners a list of all persons who for the preceding year have held certificates and have attended the normal institute, with the number of days attendance of each. A similar report of summer school attend- ance shall be secured by the president of the board. In any subsequent examination or renewal the board may give such credit for institute or summer school attendance as it may determine, any rule adopted to apply equally to all similar cases. [31 G. A., ch. 122, § 22.] COUNTY SUPERINTENDENT— DUTIES Sec. 2738. Normal institute. The county superintendent shall hold, annually, a normal institute for the instruction of teachers and those who may desire to teach, and, with the concurrence of the superintend- ent of public instruction, procure such assistance as may be necessary to conduct the same, at such time as the schools in the county are generally closed. To defray the expenses of said institute, he shall require the payment of a registration fee of one dollar from each per- son desiring to secure a certificate, or teach in his- county for the ensuing year, and the payment in all cases of one dollar from every applicant for a certificate; provided that, if the applicant is granted a two-years' certificate, he shall pay one dollar additional. He shall monthly, and at the close of each institute, transmit to the county treasurer all moneys so received, including the state appropriation for institutes, to be designated the "institute fund," together with a report of the name of each person so contributing, and the amount. The board of supervisors may appropriate out of the general fund such additional sum as it may find necessary for the further support of such institute. All disbursements of the institute fund shall be by warrants drawn by the county auditor, who shall draw said warrants upon the written order of the county superintendent, and said written order must be accompanied by an itemized bill for services rendered or expenses incurred in connection with the institute, which bill must be signed and sworn to by the party in whose favor the order is made 24 SCHOOL LAWS OF IOWA and must be verified by the county superintendent. All said orders and bills shall be kept on file in the auditor's office until the final settle- ment of the county superintendent with the board of supervisors at the close of his term of office. No warrant shall be drawn by the auditor in excess of the amount of institute fund then in the county treasury. The county superintendent shall furnish to the county board of supervisors a certified itemized account of the receipts and dis- bursements of all moneys collected and paid out by him for a normal institute, which account they shall examine, audit and publish a sum- mary thereof with their proceedings next following the holding of the normal institute. The superintendent shall report to the board of supervisors the first of January annually a summary of his official financial transactions for the previous year. [34 G. A., ch, 130, § 11 ; 30 G. A., ch. 113; 29 G. A., ch. 123; 27 G. A., ch. 87; 17 G. A., ch. 54; 15 G. A., ch. 57; C. '73, § 1769.] Notes: 1. Time. The normal institute must be lield when the public schools are generally closed. Section 2773 provides that no sdhool may be in session during a teachers' institute, except by written permission of the county superintendent. 2. Plans. County superintendent will determine the time and place, and suggest the names of conductor and instructors for approval. Form 2. 3. Term. The length of time during which the normal institute shall re- main in session is left to the discretion of the county superintendent. It cannot be in session less than six working days. See section 2 622. The length of time beyond this will depend largely upon the condition of the institute fund. 4. Value. If the proper means are employed, the normal institute can be rendered invaluable to teachers. Young and inexperienced teachers should not expect to receive certificates, except of the lowest grade, without regularly attending the normal institute. The benefits to be received should secure voluntary and general attendance. 5. Facility. A conductor of successful experience in institute work, able to give plain, practical instruction in methods of school organization, gov- ernment and teaching, should be secured early. The other instructors should be superior teachers of recent experience, and usually one or more lady teachers should be employed. 6. Ability should be established. County superintendents should have sufficient evidence of the abilities of their instructors before engaging them. In all cases where strangers are employed, references should be required, and inquiries made at the state department will frequently secure the prop- er knowledge. 7. Director. The superintendent should be director, assuming the gen- eral oversight and direction of the institute. He may receive no part of the institute fund in payment for such service. 8. Purpose. These normal institutes are short training schools, their ob- ject being to reach and correct the greatest defect found in the schools. The superintendent, in visiting schools, should seek to discover the most prominent defects and wants in the metho-^s of instruction. The normal institute will afford effective means of reaching and correcting these faults. The great object is to Instruct te^o^^ers hOAV to teach children. 9. Instructors, lecturers, app5»ratus. In normal institutes, efficient and earnest instructors should be employed. Charts and other appliances should be amply provi'^ed. P^^ysirians and scientists may be invited to lecture, and teachers should be exhorted to be sincere, fearless and faithful in the discharge of their duty. 10. Reports to treasurer. The reports and payments to the county treas- urer should be made the first of each month, and at the end of the institute. Forms 6, 7, 8, and 9. SCHOOL LAWS OP IOWA • 25 11. Settlement with supervisors. It is the duty of the board of super- visors to settle with the county superintendent, at tlie close of ihis term of office, as with other county officers, according to the provisions of the law. 12. Examination fee. The examination fee is in every case one dollar. Section 2734-p. 13. Institute registration fee. All parties desiring to secure a certi- ficate or teach in a county must pay a fee of one dollar. 14. Where paid. This fee must be paid in the county where the person teaches. In case a certificate is obtained in another county it must be paid in that county also at time of certification. 15. When paid. The law is silent as to when this fee should be paid. It is recommended that the fee be collected when application is made for certification and when certificates are registered. Sec. 2739. Reports. The county superintendent shall annually, on the last Tuesday in August, make a report to the superintendent of public instruction, giving a full abstract of the several reports made to him by the secretaries and treasurers of school boards, stating the manner in and extent to which the requirements of the law regarding instruction in physiology and hj^giene are observed, and such other matters as he may be directed by the state superintendent to include therein, or he may think important in showing the actual condition of the schools in his county. At the same time, he shall file with the county auditor a statement of the number of persons of school age in each school township, and independent district in the county. He shall also report, as provided by law, to the superintendent of the college for the blind, the name, age, residence and postoffice address of every person, resident of the county, so blind as to be unable to acquire an education in the common schools ; to the superintendent of the insti- tution for the deaf and dumb, with the same detail, all persons of school age whose faculties in respect to hearing or speaking are so deficient as to prevent them from acquiring an education in such schools; and to the institution for the feeble-minded, all persons of like age who, because of mental defects, are entitled to admission therein. [31 G. A., ch. 136, § 1; 21 G. A., ch. 1, § 2; C. '73; §§ 1771, 1772; R., § 2070.] Notes: 1. Blanks. The blanks for the annual report of the county su- perintendent, together with instructions for making the report, are fur- nished by the superintendent of public instruction. The blanks for the re- ports to the different institutions should be furnished by the superintendents in charge of such institutions. 2. Tests. The superintendent should test the accuracy of the treasurers' reports by consulting the books of the county treasurer. The amount of the several funds reported received from the district tax, also the amount received from the semi-annual apportionments, must agree with the county treasurer's receipts. 3. Errors. All errors must be corrected. The balances reported on hand in the last report from the district treasurer must the following year be correctly accounted for and must form the first item of such report and be designated: "On hand at last report." 4. Enumeration. The abstract of the enumeration of children in each district should be made with special care, complete and accurate; other- wise the county will not obtain its just proportion of the income of the per- manent school fund. 26 SCHOOL LAWS OF IOWA 5. Delayed reports. Should the district secretaries or treasurers fail to make their reports in time, the superintendent should take prompt meas- ures to secure them, going after them if necessary. Sec. 2740. Enforcing laws. The county superintendent shall see that all provisions of the school law, so far as it relates to the schools or school officers within his county, are observed and enforced, speci- ally those relating to the fencing of schoolhouse grounds with barb wire, and the introduction and teaching of such divisions of physiology and hygiene as relate to the effects of alcohol, stimulants and narcotics upon the human system, and to this end he may require the assistance of the county attorney, who shall at his request bring any action neces- sary to enforce the law or recover penalties incurred. [21 G. A., ch. 1 ; § 2; 20 G. A., ch. 103, § 2.] Sec. 2741. Penalty. Should he fail to make the report herein re- quired of him to the superintendent of public instruction or the county auditor, he shall forfeit to the school fund of his county the sum of fifty dollars, to be recovered in an action brought by the county for the use of the school fund, and in addition shall be liable for all damages occasioned thereby. [C. '73, § 1773; R., § 2072.] Note: 1. Additional to penalty. In addition to the penalty provided in tlhis section for a failure to make the annual report, the delinquent county superintendent is required to pay a reasonable compensation to the person whom the superintendent of public instruction may appoint to make such report for him. Section 2622. Sec. 2742. Compensation. He shall receive a salary of twelve hun- dred and fifty dollars a year, and the expenses of necessary office sta- tionery and postage, and those incurred in attendance upon meetings called by the superintendent of public instruction; claims therefor to be made by verified statements filed with the county auditor, who shall draw his warrant upon the county treasurer therefor; and the board of supervisors may allow him such further sum by way of com- pensation as may be just and proper. [29 G. A., ch. 124; 19 G. A., ch. 161; § 1; C. '73, § 1776; K, § 2074.] Notes: 1. Superintendent determines office days. It is the intention of the law that each county superintendent shall determine the time neces- sary to be employed in the duties of his office, and the division of labor to be made. Of course, specific duties are required, such as making certain reports at times designated, visiting schools, and that he shall conform to the instructions from the superintendent of public instruction. But in gen- eral, he is to decide for himself, as indicated in his oath of office, what means will best advance the work in his county. 2. Office supplies furnished. The board of supervisors shall furnish the county superintendent with an office at the county seat, together with fuel, lights, blanks, books and stationery necessary and proper to enable him to discharge the duties of his office, but in no case shall such officer be per- mitted to occupy an office also occupied by a practicing attorney. Code, section 468. Report, attorney-general, 1906, page 261. 3. Office stationery — what may be included. Attendance and classifica- tion registers, record books for school directors and secretaries, librarian's records for rural libraries, institute records, report cards, and packages of blanks for use of school officers in calling meetings and making reports SCHOOL LAWS OF IOWA * 27 were held to be necessary office stationery. See decision of Judge J. H. Applegate in case of Hammond & Stephens Co, vs. Dallas county, Dallas county district court. THE SYSTEM OF COMMON SCHOOLS. Sec. 2743. School districts — corporate powers. Each school dis- trict now existing shall continue a body politic as a school corporation, unless hereafter changed as provided by law, and as such may sue and be sued, hold property, and exercise all the powers granted by law, and shall have exclusive jurisdiction in all school matters over the territory therein contained. [C. '73, §§ 1713, 1716; K, §§ 2022, 2026; C. '51, § 1108.] Notes: 1. Boundaries. In boundaries, school townships usually coincide with civil townships. 41 Iowa, 30. 2. Garnishee. Section 3936 of the code provides that a municipal or po- litical corporation shall not be garnisheed. However, the corporation may waive exemption for this process. 25 Iowa, 315. 3. All territory in some corporation. The policy of our law is, that the territory once organized for school purposes must always remain within some jurisdiction, and that it may not be detached from the jurisdiction to which it belongs without at the same time becoming a separate jurisdiction or a part of another jurisdiction for school purposes. 82 Iowa, 10. Decisions, 33 and 58. 4. General Powers. A school corporation may possess and exercise the following powers: (a) Those granted in express terms, (b) Those neces- sarily implied or necessarily incident to the powers expressly granted, (c) Those absolutely essential to the declared objects and purposes of the cor- poration. 25 Iowa, 163; 39 Iowa, 447; 52 Iowa, 193; and 19 Iowa, 199. 5. Validity of school organization. Quo warranto, rather than certiorari, is the proper remedy to test the validity of t)he organization of a school district, and appeal to the superintendent is not the exclusive remedy. 129 Iowa, 538. 6. Unauthorized official acts — test of. Code, section 4313, authorizing a quo warranto proceeding to test the official and corporate rights does not preclude a school township from maintaining an action in equity in its own name to enjoin persons, assuming without authority to act as officers of an independent district within the township, from interfering with the rights of the school township and also for an accounting, as the former proceeding is for the protection of public interest and the latter to redress private wrongs.. 122 Iowa, 602. Sec. 2744. Names. District townships now existing shall here- after be called school townships, subdivision of which shall be called subdistricts. School corporations shall be designated as follows: The school township of (naming civil township), in the county of (naming county), state of Iowa; or, the independent school district of (naming city, town or village, and if there are two or more districts therein, including some appropriate name or number), in the county of (nam- ing county), state of Iowa; or, the rural independent school district of (some appropriate name or number) township of (naming town- ship), in the county of (naming county), state of Iowa. [27 G, A., ch. 91, § 1; C. '73, § 1716; R., § 2026; C. '51, § 1108.] Notes: 1. Subdistrict not a corporation. A subdistrict is not a corpora- tion, and hence can neither hold property nor perform any corporate act. Decisions, 13. 28 SCHOOL LAWS OF IOWA 2. Use of corporate name. In suits, contracts and conveyances, the cor- porate name should be strictly observed. 3. Change of name. At their annual meeting, the electors of any rural independent school district may vote by ballot to change the name of the district, and the board will be guided by this expressed wish. See. 2745. Directors. The affairs of each school corporation shall be conducted by a board of directors, the members of which in all independent school districts shall be chosen for a term of three years, and in all subdistricts of school tow^nships for a term of one year. [26 G. A., ch. 40 ; 18 G. A., ch. 143 ; 17 G. A., ch. 113 ; 15 G. A., ch. 27 ; C. '73, § 1802; E., §§ 2099, 2100, 2106.] Notes: 1. Term begins. The terms of directors of independent city, town and village corporations begin on the third Monday of March and of rural independent districts and school townships on the first day of July following their election. Sections 27 57, 275 8. 2. Term when filling vacancies. A director "holding over," or elected or appointed to fill a vacancy, assumes the duties of the office within ten days (section 1275), and, if "holding over," or appointed, serves until the next regular election (section 1276), or, if elected, for the remainder of the term (section 1277). 3. Directors may not handle books. Section 2 834 clearly prohibits a school director from engaging, on his own account, in the sale of school books and supplies to pupils. 130 Iowa, 31. Sec. 2745-a. Duty of boards of school directors. It shall be the duty of all boards of school directors in school districts v^^here the schoolhouse site adjoins the cultivated or improved lands of another to build and maintain a lawful fence between said site and cultivated or improved lands. [27 G. A., ch. 88, § 1.] Notes: 1. Barbed wire. Barbed wire may not be used to fence a school site, nor for any fence or other purpose within ten feet of tihe site. Section 2817. 2. Lawful fence. For the specifications of a "lawful fence" see section 2367 of the code. 3. "Tight" fence. A partition fence shall be made tight by the party desiring it. Section 2367 of the code. 4. Fence viewers. The township trustees constitute the fence viewers for the purpose of determining matters in controversy. Section 2367 of the code. 5. Additional law. See section 2773. Sec. 2745-b. Eights of owner of adjoining lands. The owner of lands adjoining any schoolhouse site shall have the right to connect the fence on his lands with the fences around any schoolhouse site, but he shall not be liable to contribute to the maintenance of the fence around said site. [27 G. A., ch. 88, § 2.] Note: Barbed wire prohibited. Barbed wire may not be used to con- nect tIhe fence of an adjoining land owner with the fence around a school site. Barbed wire may not be brought nearer than ten feet of the school premises. Section 2 817. Sec. 2746. Annual meeting of corporation. A meeting of the voters of each school corporation shall be held annually on the second Mon- day in March for the transaction of the business thereof. Notice in SCHOOL LAWS OF IOWA 29 writing of the place, day and hours during which the meeting will be in session, specifying the number of directors to be elected, and the terms thereof, and such propositions as will be submitted to and be determined by the voters, shall be posted by the secretary of the board in at least five public places in said corporation, for not less than ten days next preceding the day of the meeting. The president and secre- tary of the board, with one of the directors shall act as judges of the election. If any judge of election is absent at the organization of the meeting the voters present shall appoint one of their number to act in his stead. The judges of election shall issue certificates to the direc- tors elected. [19 G. A., ch. 51; 18 G. A., ch. 7, § 1; 18 G. A., ch. 63; C. 73, §§ 1717, 1719; R., §§ 2027-8, 2031, 2033; C. '51, §§ 1111, 1114-15.] Notes: 1. But one day. Tihe meeting cannot be adjourned to another day, and must be held at the time and in the manner directed by the law. Section 2746. 2. Notice necessary. It is mandatory upon the secretary to give ten days' notice of the annual meeting of the school corporation and of such, propositions as the board or the electors by petition, as provided in section 2749, may desire to have submitted to the electors at tlhat time. Failure to do so will invalidate any action that may be taken by the electors at such meeting. 118 Iowa, 207. Form 8. 3. Secretary must be directed. The secretary cannot give legal notice of any proposition unless directed to do so by the board of directors. McNees et al. vs. School Township, East River, 110 N. W., 325, Kinney vs. Howard, 133 Iowa, 94; and Note 1, section 2829. 4. Notice — kind. Not less than ten days' notice by posting in at least five public places must be given. Section 2746. But in school corporations having five thousand or more inhabitants, notice shall be posted in eaclh precinct and published in a newspaper. Section 2754. 5. Registration. In corporations of five thousand or more inhabitants, the board must provide for the registration of voters. Section 2755. At- torney-general, report 1906, page 174. 6. Polls open. In corporations of five thousand or more inhabitants, the polls shall open at 9 a. m. Section 2756. In all other corporations at 1 p. m. 7. Duration. In corporations of five thousand or more iuihabitants, the polls shall remain open until 7 p. m. Section 2756. In independent city, town and village corporations of less than five thousand inhabitants they must remain open five hours and in rural and independent districts and school townships two hours. Section 2754. 8. Official record. The secretary shall make a complete record of the transactions of each annual or special meeting of the electors. Section 2761. In the absence of a record the action taken may be shown by parol evi- dence. Kinney vs. Howard, 133 Iowa, 94. 9. Poll book. A record of the names of all persons voting shall be kept by the secretary. Section 2 761. 10. By ballot. All elections by the people shall be by ballot. Constitution of Iowa, article 2, section 6. Directors of subdistricts shall be chosen by ballot. Section 2751. Members of the board in independent districts shall be chosen by ballot. Section 2754. Directors-at-large of school township is chosen in the same manner. Section 2823. All propositions must be voted upon by ballot. Section 2749. 11. Form of ballot, (a) As to candidates. The ballot should designate the term voted for in connection with the name of the candidate. Section 2746. (b) As to propositions. The ballot must state each proposition for which notice has been given and shall provide an appropriate place in connection with each for the voter to express his wisih. Section 2749. Decisions, 113; 30 SCHOOL LAWS OF IOWA (c) General rule. "It is a general rule that in submitting a question on issuing bonds, a substantial conoipliance witb the statute is sufficient." Cala- han vs. Handsaker et al., Ill N. W., 22; Kinney vs. Howard, 133 Iowa, 94. 12. Tie vote. A tie vote shall be publicly determined by lot before ad- journment under the direction of the judges. Section 2754. 13. Judges. In corporations of five thousand or more, the judges for each precinct shall consist of a member of the board and two voters of the pre- cinct (section 2756). In all other corporations (a subdistrict is not a cor- poration), the judges shall consist of the president, the secretary and a member of the board. Sections 2746, 2756. 14. Failure of judges to serve. In case any judge is absent, the electors present at the opening of the polls shall fill the vacancy from among their number. Section 2746. 15. Compensation of judges and registrars. In corporations of five thou- sand or more, persons (not members of the board) appointed by the board to serve as judges and those appointed as registrars may receive compensa- tion for their services. Section 2755. Attorney-general, report 1904; page 298. 16. Members receive no compensation as judges. Section 2780. 17. Biennial amendment— effect of. The provisions of the biennial amend- ment do not apply to school and municipal elections. 127 Iowa, 181. 18. Qualifications — electors. See section 2747. School officers. See section 2748. 19. Powers of electors. See sections 2749, 2750, 2812-d, 2836, 2837. 20. Special elections. See sections 2750, 2763-a to 2763-c. 21. Regular election. See sections 2749, 2754, 2755, 2756. 22. Term of director — beginning — duration. See section 2745. 23. When qualify. See section 2758. See. 2747. Electors. To have the right to vote at a school meeting a person must have the same qualifications as for voting at a general election, and must be at the time an actual resident of the corporation or subdistrict. In any election hereafter held in any school corpora- tion for the purpose of issuing bonds for school purposes or for in- creasing the tax levy, the right of any citizen to vote shall not be denied or abridged on account of sex, and women may vote at such elections the same as men, under the same restrictions and qualifica- tions, so far as applicable. [25 G. A., ch. 39.] Notes: 1. Qualification of electors. To be entitled to the rights of suffrage, a person must be a male citizen of the United states, twenty-one years of age, a resident of the state six months next preceding the election, and of the county sixty days. Constitution, article 2, section 1. 69 Iowa, 368, and 75 Iowa, 220. He must be a legal resident of tihe corporation or subdistrict, also. 2. Naturalization must be completed. The declaration of intention by one who expects to become fully naturalized, does not entitle such person to vote. In some states this is a fact, but in Iowa what is called second papers must be taken out; that is, an elector must be either native born, or a naturalized citizen, must be a male, and not disfranchised in any way men- tioned by the law. 3. Citizen. All persons born or naturalized in the United States and sub- ject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Constitution United States, amendment XIV. See page 27, code 1897. 4. Residence— voting. The precinct in which an unmarried man rooms and sleeps, rather than the one in which he takes his meals, will determine the question of his residence with respect to the rig'ht to vote. 129 Iowa, 122. SCHOOL LAWS OF IOWA 31 5. Residence — three rules. (1) Must have residence somewhere. (2) Residence established remains until a new one is acquired. (3) Can have but one legal residence. 129 Iowa, 122. 6. Residence — the vital question. The vital inquiry then in determining the residence of a person always is, where is his home, the home where he lives and to which he intends to return when absent or when sick, or when his present engagement ends. 129 Iowa, 122. 7. Women voting. The law confers upon women the right to vote upon only the matters distinctly mentioned. They may vote upon propositions to issue bonds and levy schoolhouse taxes. Kinney vs. Howard, 133 Iowa, 94. 8. Separate ballot box. A separate ballot box must be provided for the ballots cast by women, and a separate canvass made of their votes. Code, section 1131. 9. Registration. Registration is necessary in school corporations of five thousand or more inhabitants. Section 2755 and attorney general, report 1906, page 174. Sec. 2748. Officers — qualifications. A school officer or member of the board may be of either sex, and must at the time of election or appointment be a citizen and a resident of the corporation or sub- district, and over twenty-one years of age, and, if a man, he must be a qualified voter of the corporation or subdistrict. [16 G. A., ch. 136.] Notes: 1. Sex not a bar. No person shall be deemed ineligible by rea- son of sex, to the office of director, secretary, treasurer, truant ofiicer or county superintendent. Sections 2748 and 2734-b. 2. Residence essential. Only a resident may be elected to a school office. Section 2748. Removal from the corporation or subdistrict creates a va- cancy. Section 1266, paragraph 3. 3. De facto officers. In the absence of any color of election or appoint- ment a party to be treated as a de facto officer must have served under such circumstances of reputation or acquiescence as would induce the public to believe without inquiry that he was in fact such officer. 129 Iowa, 406. 4. De facto officers — test of title. See Vette vs. Byington, 109 N. W., 1073. 5. Powers of school officers. School officers have only such powers as are conferred by statute and when the conditions under which these are to be exercised are clearly defined they cannot be ignored. 110 Iowa, 6 52. 6. De facto officers — legality of acts. The acts of officers acting under color of election or appointment, and in good faith, are valid. 101 Iowa, 382. See also note 8, section 2771. Sec. 2749. Powers. The voters assembled at the annual meeting shall have power: 1. To direct a change of text-books regularly adopted ; 2. To direct the sale or make other disposition of any schoolhouse or site or other property belonging to the corporation, and the ap- plication to be made of the proceeds of such sale ; 3. To determine upon added branches that shall be taught, but instruction in all branches except foreign languages shall be in English ; 4. To instruct the board that school buildings may or may not be used for meetings of public interest; 5. To direct the transfer of any surplus in the schoolhouse fund to the teachers' or contingent fund; 6. To authorize the board to obtain, at the expense of the corpora- tion, roads for proper access to its schoolhouses; 32 SCHOOL LAWS OF IOWA 7. To vote a sclioolhouse tax, not exceeding ten mills on the dollar in any one year, for the purchase of grounds, construction of school- hoases, the payment of debts contracted for the erection of school- houses, not including interest on bonds, procuring libraries for and opening roads to schoolhouses. The board may, or, upon the written request of five voters of any rural independent district, or of ten voters of any school township, or of twenty-five voters of any city or town independent district having a population of five thousand or less, or of fifty voters of any other city or town independent district, shall, provide in the notice for the annual meeting for submitting any proposition authorized by law to the voters. All propositions shall be voted upon by ballot in substantially the fol- lowing form: "Shall a change of text-books be directed?" (or other questions as the case may be) ; and the voter shall designate his vote by writing the word "yes" or "no" in an appropriate place on the ballot. [21 G. A., ch. 131, § 1 ; 19 G. A., ch. 51 ; 18 G. A., ch. 63 ; C. 73, §§ 1717, 1807; R., §§ 2027-8, 2033; C. '51, §§ 1114, 1115.] Notes: 1. Additional powers, (a) To vote on a proposition for county uniformity of text-books. Section 2831. (b) To authorize tlie board to purclhase text-books to be loaned to the pupils. Section 2836. (c) To authorize the board to issue school building bonds. Section 2812-d. 2. Limitation of powers. The voters have only such powers as are con- ferred by the statute, either expressly or by reasonable implication. Note 4, section 2743. 110 Iowa, 652. 3. Disposition of school property. The voters of any district when as- sembled at their annual meeting may direct that a sdhoolhouse or the school- house grounds not needed for public school purposes may be sold, rented, leased, or the use thereof granted, for any purpose that will not interfere with the subsequent use or value of such schoolhouse property for public school purposes. Section 2749. 4. By ballot. Special attention is called to the fact that under tihe pres- ent law all propositions before the electors at their annual meeting must be voted upon by ballot. See last paragraph, section 2749. 5. Sale must be directed. Schoolhouses cannot be sold without previous direction of the voters, but their action in voting a tax for the erection of a new schoolhouse on the old site gives the board authority to remove the old house. Paragraph 2, section 2749. See also 110 Iowa, 652. 6. Loaning funds. The voters have no authority to instruct the board to loan money belonging to the district, nor to order money invested in gov- ernment bonds. See note 2, ante. 7. Vested right. The general statement is that when an amount !has been voted for a specific purpose, the parties directly interested thereby ac- quire a vested right in such money appropriated, of which they may not be deprived, even by the voters. 50 Iowa, 648; 100 Iowa, 317. 8. Transfer. The only change of money from one fund to anotlher pos- sible under the law is the transfer of surplus schoolhouse funds to either ofi the other funds. Paragraph 5, section 2749. 9. Added branches. If the voters direct that any additional branches sihall be taught in one or all of the schools, their action is mandatory, and the board is bound to endeavor in good faith to fulfill such wish. 44 Iowa, 564. 10. Course of study. The voters may not limit nor restrict the board to the adoption of a course of study including only such branches as the voters may name. Nor may the voters direct that a particular branch, or branches, sihall not be taught. It is the province of the board to decide SCHOOL LAWS OF IOWA 33 what branches besides those named by the voters shall be included in the course of study and taught in the schools. Section 2772. 11. Voters may not prohibit. The voters have no power to prohibit any branch being taught, if introduced by the board, neither has the board power to prevent the teaching of any study which the voters have directed shall be taught. 44 Iowa, 564. Section 2772. 12. Schoolhouse taxes. All school house taxes must be voted by the voters of the corporation, or the subdistrict; this power cannot be delegated to the board. For exceptions see section 2806, note 3; sections 2811 and 2813. 13. Sum necessary. The specific sum of money deemed necessary, and not a certain number of mills on the dollar, should be voted, except when a district lies in two counties. The per centum necessary to raise this sum is determined by the board of supervisors. Section 2806. 14. Taxes to be voted by electors. The power to vote schoolhouse taxes or school building bonds for the purchase of sites, erection and repair of schoolhouses, and the payment of debts contracted therefor belongs exclu- sively to the voters. The sums necessary for the teachers' and contingent funds are determined by the board. Amounts necessary to pay on judg- ments and bonds may be voted by the electors or estimated by the board. Sections 2749, 2806 and note 3, 2813. 15. Compelling board to act. Failing to carry out instructions from this meeting, the board may be compelled by mandamus to show reason why the expressed wish of the voters has not been complied with. Section 2778; de- cisions, 20; 50 Iowa, 64 8. 16. Suggestive action. A vote upon matters which by the law are to be determined by the board, is not binding upon the board, but is only sug- gestive. In such matters, the board will still be left free to exercise the dis- cretion vested in it by the law. Note 4, section 2743. 17. Notice necessary. In order that action may be taken at the annual meeting of the school corporation, it is essential that notice shall be given, as provided in section 2746, that such a matter will be presented at the meeting. When assembled, the voters have power to act only upon such of the powers conferred as have been incorporated in the notice for the meeting. Section 2746; 118 Iowa, 207; decisions, 113. 18. Subdistricts claim. A subdistrict has no legal claim upon school- house property, although in equity a tax voted to build in a certain sub- district must be expended as voted, and when a schoolhouse has been built or repaired from schoolhouse funds raised upon that subdistrict alone, even the voters should recognize the vested right of the subdistrict to retain such property and to enjoy its use. 50 Iowa, 648. 19. Removal from subdistrict. If it is desired to move the schoolhouse out of the subdistrict the voters of the school township must first so order at the annual meeting. Decisions, 15; paragraph 2, section 2749. 20. Jurisdiction of court. It is the exclusive province of the courts to determine questions with relation to any vote at a school meeting, or with relation to the choice of members of the board or of officers of the board. Notes 10 to 13 inclusive, to section 2758. 129 Iowa, 441. 21. Roads. See sections 2815, 2750, 2773. 22. Text-books — change of. Sections 2749, 2829. 23. Original indebtedness. Original indebtedness may not be created ex- cept by vote of the electors. Section 2823. 24. Limit of indebtedness. See section 1306-b, and eh. 184, laws 33 G. A. Sec. 2750. Special meeting. The board of directors may call a special meeting of the voters of any school corporation by giving no- tice in the same manner as for the annual meeting, which shall have the powers given to a regular meeting with reference to the sale of school property and the application to be made of the proceeds, and to vote a schoolhouse tax for the purchase of a site and the construction of a 3 34 SCHOOL LAWS OF IOWA necessary selioolhouse, and for obtaining roads thereto. [28 Gr. A., cli. 104; 24 G. A., ell. 21; 18 G. A., ch. 84.] Notes: 1. Additional powers. To authorize the board of directors to issue school building bonds. Section 2812-d. 2. Additional indebtedness. Bonds may be voted under section 2 82 0-a to 2 82 0-e only at a special meeting called for that purpose. 3. Number of special meetings. The law does not limit the number of special meetings that may be called. Section 2750. 4. Petition may not be ignored. Wihen petitioned to call a special elec- tion for the submission of any proposition that may come before a special meeting, the board may not ignore the petition. See decisions, 93. Sec. 2751. Subdistrict meeting. Tlie meeting of the voters of each snbdistrict of a school township shall be held annually on the first Monday in March, and shall not organize earlier than nine o'clock a. m., nor adjourn before twelve o'clock m. Notice in writing of the time and place of such meeting and the amount of schoolhouse tax to be voted shall be given by its director, or if there is none by the school township secretary, by posting in three public places in the subdistrict for five days next preceding the same. The voters shall select a chair- man and secretary of the meeting who shall act as judges of election, and shall also elect a director for the subdistrict by ballot. The vote shall be canvassed by the judges of election, and the person receiving the highest vote shall be declared elected. [22 G. A., ch. 51 ; 18 G. A., ch. 7, § 1; C. '73, §§ 1718-19, 1789; R., §§ 2030-1; C. '51, § 1111.] Notes: 1. Purpose of the law. The object is to prevent a few design- ing persons from meeting at an unusual hour, dispatching the business with unseemly haste, and adjourning before many of the electors arrive. The meeting should be conducted with entire fairness, and an opportunity given for an expression of the real sentiment of the subdistrict. 2. Notice. At least five days' notice shall be given by posting in at least three places in the district. Section 2751. If a special schoolhouse tax is to be voted on the property of the subdistrict, ten days' notice must be given. Section 2753. In case there is no director the above notice must be given by the secretary of the school township. The notice should designate the hour of meeting, which cannot be earlier than 9 o'clock a. m., and the hour of closing, which shall not be later than 12 m. Section 2751; form 11. 3. Duration of meeting. While this section does not in terms specify the length of time during which a subdistrict meeting should remain in session, section 2754 provides that in rural independent districts the polls must remain open not less than two /hours. For obvious reasons a subdistrict meeting should continue in session at least the same length of time. The voters of the subdistrict should be given a reasonable opportunity to partici- pate in the meeting. 37 I-owa, 131; 39 Iowa, 38 0. 4. In case of controversy. If subdistrict boundaries are in controversy by way of appeal, the election for directors should be made on the basis of the status of the subdistricts on the day of election. _ 5. Organization. A chairman and secretary shall be chosen from among the voters present. Section 27 51. 6. Judges not qualify. The chairman and the secretary are not required to qualify. 7. Judges' vote. A judge of election is entitled to his vote the same as any other elector. 8. Who may not vote. No minor, non-resident, nor alien can take part in a meeting of voters. Section 2747. 9. No caucus. If the voters desire to hold a caucus, it should be done SCHOOL LAWS OP IOWA 35 before the subdistrict meeting is called to order. After organization but one lawful ballot can be taken, therefore no informal ballot can be taken. 10. Tie vote. A tie vote for any elective school office shall be publicly determined by lot forthwith, under the direction of the judges. Section 2754. This applies to all school elections. If more than two persons have each an equal number of votes, the same rule will apply. No second ballot may be taken. Such cases should not be taken to the school board, but should be settled at the meeting of electors before adjournment. 11. One ballot. Only one ballot may be taken for the election of director, and the person receiving the greatest number of votes is elected, even though he has not received a majority of all the votes cast. Section 2751. 12. Elegibility. A member or officer of the board must have the qualifica- tions of an elector, if a male, but no person is ineligible to any school office by reason of sex. Section 2748. 13. Special schoolhouse tax. The subdistricts may vote an additional tax for schoolhouse purposes and the secretary of the subdistrict meeting shall certify the same to the secretary of the school township who shall certify it to the board of supervisors. Section 2753; form 12. 14. A vote of the subdistrict not notice. A vote of the electors at a sub- district meeting is not legal notice that such proposition will come before the electors at the school township meeting as contemplated in sections 2746 and 2749. . ■ T' i -•'•i^^iv^ 15. Tax provision le^al. The provision with reference to additional taxes voted by electors of subdistricts for schoolhouse purposes, held, to give im- plied authority to vote such taxes, although the power was not elsewhere ex- pressly conferred. 69 Iowa, 533. 16. Term of director of subdistrict — beginning — duration. See sections 2745 and 2757. 17. Wlien to qualify. See section 2758. 18. Special subdistrict meeting.. See section 2753. 19. Funds— classification of. See section 2768. 20. Electors — qualifications of. See section 2747. 21. Subdistrict lines — voting — taxes. Subdistrict lines determine who may vote at a subdistrict meeting and also fixes the limit of taxation, when a schoolhouse tax is voted upon the subdistrict. Sections 2747, 2753. Sec. 2752. Number of directors. The board of directors of a school towiisliip shall be composed of oue director from each subdistrict. But when there is an even number of subdistricts another director shall be elected at large by all the voters of the school township. When the school township is not divided into subdistricts, a board of three di- rectors shall be elected at large, on the second Monday in March, by all the voters of the school township. [27 G. A., eh. 92; 15 G. A., ch. 27; C. '73, §§ 1720-1; R., §§ 2031, 2035, 2075-6; C. '51, §§ 1112, 1721.] Notes: 1. Number of members. The board of a school township cannot consist of less than three members. When there is an even number of subdistricts one director at large must be elected on the second Monday of March by all the voters of the school township. 2. Power of director-at-large. The director-at-large has the right to vote upon all questions before the board the same as any other member. 3. Independent district townships. In school townships that organized as independent district townships under section 1814, code of 1873, the board consists of five members. See section 1814, code of 1873, chapter 27, fifteenth general assembly, and section 2754. 4. Other corporations — number of directors. See section 2754. Sec. 2753. Special schoolhouse tax. At the annual subdistrict meet- ing, or at a special meeting called for that purpose, the voters may vote 36 SCHOOL LAWS OF IOWA to raise a greater amount of schoolhouse tax than that voted by the voters of the school township, ten days' previous notice having been given, but the amount so voted, including the amount voted by the school township, shall not exceed in the aggregate the sum of fifteen mills on the dollar. The sum thus voted shall be certified forthwith by the secretary of said subdistriet meeting to the secretary of the school township, and shall be levied by the board of supervisors only on the property within the subdistriet. [C. '73, § 1778; R., §§ 2033-4, 2037, 2088.] Notes: 1. Tax certified. The vote should be certified to the secretary of the school township forthwith. Forms 12 and 14. 2. Vote of subdistriet meeting not notice. A vote of the subdistriet meet- ing is not legal notice that such proposition will come before the electors at the school township meeting as contemplated in sections 2746 and 2749. 118 Iowa, 207. 3. Levy of subdistriet tax. Taxes voted at a subdistriet meeting shall be levied only on the property in the subdistriet. Section 2573. Such action is not notice that the proposition will be submitted at the regular meeting. Sections 2746 and 2749; see note 14, section 2751. 4. Other meetings. Regular subdistriet meeting, section 2751; regular meeting of corporation, sections 2746, 2749, 2754, 2755, 2756; special meet- ing of corporation, section 2750. Sec. 2754. Elections in independent districts — tie vote. At the an- nual meeting in all independent districts members of the board shall be chosen by ballot. In any district including all or part of a city of tht, first class or a city under special charter, the board shall consist of seven members, three of whom shall be chosen on the second Monday in March, 1898, two on the second Monday in March, 1899, and two on the second Monday in March, 1900. In all other independent city, town or village districts, and in all rural independent districts where the board now consists of six members, the board shall consist of five members, one of whom shall be chosen on the second Monday in March, 1898, two on the second Monday in March, 1899, and two on the second Monday in March, 1900. In all independent city, town, or village dis- tricts where the board now consists of three members such board shall hereafter consist of five members, three of whom shall be elected on the second Monday in March, 1898, one for one year, one for two years, and one for three years. In all other rural independent districts the board shall consist of three members, one of whom shall be chosen on the second Monday in March, 1898, and one each year thereafter. In districts composed in whole or in part of cities or towns, a treas- urer shall be chosen in like manner, whose term shall begin on the first day of July, unless that date falls on Sunday, in which case, on the day following, and continue for two years, or until his successor is elected and qualified. The term of office of the incumbent treas- urer in said districts shall expire on the third Monday in March, 1898. In such districts the polls must remain open not less than five hours and in rural independent districts and school townships not less than two hours. In each case the polls shall open at one o'clock p. m., ex- cept as provided in section twenty-seven hundred and fifty-six of this SCHOOL LAWS OF IOWA 37 chapter. A tie vote for any elective school office shall be publicly- determined by lot forthwith, under the direction of the judges. [31 G. A., ch. 136, § 2; 27 G. A., ch. 91, 93; 22 G. A., ch. 51; 18 G. A., ch. 7; § 2; C. '73, §§ 1789, 1808.] Notes: 1. No change of date. Any election by the people must be held on the day designated, and can neither be postponed nor adjourned to an- ther day, and the officers voted for by the people must be elected by a single ballot. 2. Caucus — informal ballot. The practice of taking an informal ballot for the purpose of placing persons in nomination may render the election illegal. Such nomination should be made outside the meeting, or at least before the meeting is organized. 3. Form of ballot. In all cases, the ballot should state the term voted for, in connection with the name of the person. It should state all proposi- tions to be voted upon. Sections 2746 and 2749. 4. Vacancies. All vacancies should also be filled by election, and the ballot should designate the vacancy to be filled, and the person so elected holds for the remainder of the unexpired term. Sections 2758 and 2771. 5. Membership of boards. All districts comprising cities of the first class and those under special charter have seven directors. In all other city, town or village districts, and in the rural independent districts which formerly had six members the board now consists of five members. In all other rural independent districts the board consists of three members. Sec- tion 2754. For school townships, see section 2752. 6. Treasurer. In districts composed in whole or in part of cities or towns, the treasurer must be elected by the people for the term of two years. This does not apply to village districts. In these and in all other districts, except those specified above, this officer is elected by the board. Section 2754 and 2757. 7. Tie vote. A tie vote for any elective school office must be publicly determined by lot forthwith, under the direction of the judges. This applies to all school elections. If more than two persons have each an equal number of votes, the same rule will apply. No second ballot may be taken. Section 2754. 8. Polls open. In corporations of five thousand or more, the polls shall open at nine o'clock a. m. (section 2756), and in all other corporations at one p. m. Sections 2754 and 2756. 9. Polls close. In corporations of five thousand or more, the polls shall not close earlier than seven o'clock p. m. (section 2756); in other inde- pendent city, town or village districts they shall remain open at least five hours; and in rural independent districts and school townships, two hours. Sections 2754 and 2756. 10. Judges. In corporations of five thousand or more, the judges for each precinct shall consist of a member of the board and two voters of the precinct (section 2756); in all other corporations the judges shall consist of the president, the secretary and one member of the board. In case any judge is absent, the electors present at the time the polls open shall fill the vacancy. Sections 2754 and 2756. 11. Qualifications of electors. See section 2747. 12. Regular meeting — notice, etc. See section 2746. 13. Powers of electors. See sections 2749 and 2750. 14. Special election. See section 2750. Sec. 2755. Election precincts — register of voters — notice. Each school corporation having five thousand or more inhabitants may be divided into such number of precincts as the board of directors shall determine, in each of which a poll shall be held at a convenient place, fixed by the board of directors, for the reception of the ballots of voters 38 SCHOOL LAWS OF IOWA residing in such precinct. A separate register of the voters of each precinct shall be prepared by the board from the register of the electors of any city included within such school corporation, and for that pur- pose a copy of such register of electors shall be furnished by the clerk of the city to the board of directors. Before each annual meeting these registers shall be revised and corrected by comparison with the last register of elections of such cities, and shall have the same force and effect at school meetings held under this section, in respect to the reception of votes thereat, as the register of election has by law at general elections. The board of directors of such school corporation, on or before the last Monday preceding such election shall appoint two suitable persons to be registrars in each of the election precincts of such school corporation for the registration of voters therein, who shall have the same qualifications as registrars appointed for general elections and shall qualify in the same manner, and receive the same compensation to be paid by the school corporation. The registrars shall meet on the day of election at the voting place in the precinct in which they have been appointed and shall hold continuous session from nine o'clock in the forenoon until seven o'clock in the afternoon. Any person claiming to be a voter, and who is not already registered in the proper precinct, may appear before them in the election precinct where he claims he is entitled to vote and make and subscribe under oath a statement in the registry book, which oath and statement shall be of the same general character as that prescribed by section one thousand and seventy-seven (1077) of the code, and shall thereupon be granted a certificate of registration. Nothing in this section shall be construed to prohibit women from voting at all elections at which they are entitled to vote. The secretary must post a notice of the meeting in a public place in each precinct at least ten days before the meeting, and by publication once each week for two consecutive weeks preceding the same in some neAvspaper published in the corporation, such notice to state the time, respective voting precincts and the polling place in each precinct, and also to specify what questions authorized by law, in addition to the election of director or directors, shall be voted upon and determined by the voters of the several precincts. [31 G. A., eh. 9, § 3 ; 29 G. A., ch. 125 ; 28 G. A., ch. 105 ; 18 G. A., ch. 8, §§ 1-4.] Notes: 1. Registration mandatory. Registration is required in school corporations having five thousand or more inhabitants. Attorney-general, 1904, page 298; 1906, page 174. 2. Registrars — compensation. Registrars and judges of election who are not members of the board may receive compensation for their services. Sec- tion 2755 and attorney-general, 1904, page 298. 3. Compensation of directors. Members of the board may not receive compensation as judges of election. Section 2780. 4. Conducting election- — notices— duration. In cities of five thousand or more see section 2756. In other corporations, sections 2746 and 2754. In subdistricts, section 2751. Sec, 2756. Conduct pf elections. As judges of the election referred to in the preceding section, the board shall appoint one of its number SCHOOL LAWS OP IOWA 39 and two voters of the X)recinct, one of whom shall act as clerk, who shall be sworn as provided in case of a general election. If any person so appointed fails to attend, the judge or judges attending shall fill the place by appointment of any voter present, and like action shall follow a refusal to serve or to be sworn. Should all of the appointees fail .to attend, their places shall be filled by the voters from those in attend- ance. The board shall provide the necessary ballot box and poll-book for each precinct, and the judges shall make and certify a return to the secretary of the corporation of the canvass of the votes for office and upon each question submitted. On the next Monday after the meeting the board shall canvass the returns made to the secretary, ascertain the result of the voting with regard to every matter voted upon, declare the same, cause a record to be made thereof, and at once issue a certificate to each person elected. At all meetings held under this and the next preceding section, the polls shall be kept open from nine o'clock a. m. until seven o'clock p. m. [Same, §§ 5, 6.] Notes: 1. Compensation of judges. Judges who are not members of the board may receive compensation. Attorney-general, 1904, page 298. 2. Polls. Open at 9 o'clock a. m.; remain open until 7 o'clock p. m. Sec- tion 2756. For other corporations, see section 2754. For subdistricts, sec- tion 2751. BOARD OF DIRECTORS— ORGANIZATION— OFFICERS— POWERS Sec. 2757. Meetings of directors — election of officers. The board of directors of all independent city, town and village corporations shall organize on the third Monday in March, and those of all other school corporations on the first day of July, unless that date falls on Sunday, in which case on the day following. Such organizations shall be effected by the election of a president from the members of the board, who shall be entitled to vote as a member. Such special meetings may be held as may be determined by the board, or called by the president, or by the secretary upon the written request of a majority of the members of the board, upon notice specifying the time and place, delivered to each member in person, but attendance shall be a waiver of notice. Such meetings shall be held at any place within the civil township in which the corporation is situated. On the first day of July, unless that date falls on Sunday, in which case on the day following, the board of all independent city, town and village corporations and the retiring board in all other school cor- porations shall meet, examine the books of, and settle with the secretary and treasurer for the year ending on the thirtieth day of June preceding, and for the transaction of such other business as may properly come before it. On the same day the board of each inde- pendent city, town and village corporation, except as provided in sec- tion twenty-seven hundred fifty-four (2754) of this chapter, and the new board of every other school corporation, shall elect from outside the board a secretary and treasurer, but in independent districts no teacher or other employee of the board shall be eligible as secretary. All officers shall be elected by ballot and the vote shall be recorded by the secretary. Should the secretary or treasurer fail to report as 40 SCHOOL LAWS OF IOWA provided in sections twenty-seven hundred sixty-five (2765) and twen- ty-seven hundred sixty-nine (2769) of this chapter, it shall be the duty of the new board to take any action necessary to secure a proper settle- ment. Notes: 1. Settlement. It is suggested that the retiring board in all rural corporations meet in the morning of the day for the July meeting to settle with the secretary and treasurer and to close up the business for the year. It will be necessary for the retiring board to complete its business in time for the new board to organize and transact its business. 2. Organization. The new board should organize immediately thereafter, elect successors to the retiring secretary and "treasurer and transact such other business as may come before it. 3. Adjourned meeting. If a quorum be not present, the members present should effect a temporary organization (section 2772) and appoint a date and place for an adjourned meeting, at which time a permanent organization may be effected and the business of the annual meeting completed. 75 Iowa, 196. 4. President must qualify. The director chosen as president must qualify before assuming the duties of that office. Constitution of Iowa, section 5, article 11. 5. Special meetings — notice of. If the president is unwilling to call a special meeting in compliance with a request from members, then a majority of the board may cause a notice of the meeting to be given by the secretary, signed by the members who desire to have the meeting called, which written notice should be by the secretary handed to each member of the board and to the president. Section 2757. 6. Notice — time of. As the law is silent with regard to the length of time notice should be given before the time of meeting, it is taken for granted the law intends that a reasonable notice as to the time shall be given. What such reasonable notice is must be determined for each locality by the con- ditions. However, attendance at such meetings shall be a waiver of notice. 7. Neglect of duty. If a school officer habitually or wilfully neglects his duty, and the public good suffers by such negligence, a court may compel him to attend to the necessary duties of his office. 50 Iowa, 648. Section 2822. 8. Place of meeting. This section authorizes boards to hold meetings in any district within the same civil township. 9. Day of meeting. There is no provision of law that will prevent a board from transacting business upon any day except Sunday. 10. Failure to elect officers. If the board fails to elect a president, a secretary, or treasurer, in districts where such officer is elected by the board, upon the day fixed by law or at a meeting adjourned from that day to a day certain, then the incumbent may qualify anew and hold the office for another year. 75 Iowa, 196. But in order that a president may thus hold over, his term as a member of the board must also continue. Section 2757. 11. Hold but one office. No person may hold two offices of the board at the same time. 12. May not be compelled to qualify. No one may be compelled to qualify as a member or officer of the board. 13. Duties must be performed. Any duty imposed upon the board as a body must be performed at a regular or special meeting, and made a matter of record. 47 Iowa, 11. 14. Consent of individual members. The consent of the board to any particular measure, obtained of individual members when not in session, is not the act of the board, and is not binding upon the district. 67 Iowa, 164. 15. Receive reports of committees. The board may receive and act upon communications from persons selected outside the board to report upon mat- ters referred to such persons as a committee. 16. Power may not be delegated. An official trust cannot be delegated. Neither the board nor any member may appoint a substitute to perform the SCHOOL LAWS OF IOWA 41 official duties of a member or of the board, but the board may appoint a committee of its number with power to act for the board in a given case. 17. Adjourned meetings authorized. Where the law requires a certain duty to be performed by the board upon a fixed day, and does not expressly forbid its performance later than the date mentioned in the law, as for in- stance the election of a secretary and a treasurer, an adjournment of the meeting to another fixed date will allow the transaction of the business directed to be done on the day of the regular meeting. 75 Iowa, 196. 18. Director ineligible as secretary or treasurer. A director is ineligible to the office of secretary or treasurer so long as he remains a member of the board. Section 2757. 19. Presumption of regularity. In the absence of proof, it will be pre- sumed on appeal, that the proceedings (of school officers) were regular and the grounds sufficient. 109 Iowa, 169. 20. Rules and regulations. The board should adopt necessary rules and regulations to govern the members thereof in their deliberations. This is necessary in order that business may be conducted legally and with dis- patch. Section 2772. 21. Order of busines. To further expedite business, a board should adopt and follow an "order of business." The following is suggested and may be changed to suit the needs of the board. 1. Call to order. 2. Roll call — to determine that a quorum is present. 3. Reading minutes of previ- ous meeting. 4. Reports of standing committees. 5. Reports of special committees. 6. Communications and petitions. 7. Auditing claims. 8 Unfinished business. 9. New business. 10. Adjourn. Sec. 2758. Qualification of directors — vacancies. Any member of the board may administer the oath of qualification to any member elect, and to the president of the board. Each director elected in March, 1906, or at any regular election thereafter, shall qualify on or before the date for the organization of the board of the corporation in which he was elected by taking an oath to support the constitution of the United States and that of the state of Iowa, and that he will faithfully discharge the duties of his office; and shall hold the office for the term to which he is elected, and until a successor is elected and qualified. In case of a vacancy, the office shall be filled by ap- pointment by the board until the next annual meeting. In all rural school corporations, the term of office of directors whose terms expire on the third Monday in March, 1906, is hereby extended to July 1, 1906. [31 G. A., ch. 137; C. '73, §§ 1752, 1790; R., §§ 2032, 2079; C. '51, §§ 1113, 1120.] Notes: 1. Oath — who may administer. Any school director is author- ized to administer to a school director-elect the official oath required by law, but the secretary cannot administer this oath Unless he is one of the many officers empowered by law to administer oaths. 2. Oath — when director may take. A director-elect may take the oath of qualification at any time between the day of election and the close of the day for organization of the board. 53 Iowa, 687; 101 Iowa, 382. Section 2758. A person appointed as a member of the board is required to qualify within ten days. Code, section 1275. 3. Hold over. In case a director-elect fails to qualify by the close of the day for the organization of the board, the incumbent may continue in office until the next regular election, but, in order to do so, ihe must qualify anew within ten days from that time. Code, sections 1265 and 1275. 4. Failure to qualify. If a person who is elected as his own successor fails to qualify on or before the day for the organization of the board, a vacancy exists which should be filled by appointment. Code, section 1266. 42 SCHOOL LAWS OF IOWA 5. Failure to appear. Failure to appear at the meeting of tlie board on the day for its organization will not prevent a qualification being valid if the member-elect takes the oath of office before the close of that day. 6. Time directors serve. A director continues in office until a successor is elected and qualified, whether chosen by the electors or appointed by the board. Section 1276. 7. Term. (1) Beginning. The term of director in independent city, town and village corporations begins the third Monday of March, and of rural independent districts and school townships on the first of July following his election. Section 2757. 2. Length of. In school townships the term of director is one year; in independent corporations, three years. Section 2 745. 8. Filling vacancies. (1) Beginning. Persons holding over or appointed or elected to fill a vacancy must qualify within ten days. Section 1275. (2) Length of. Persons holding over or appointed by the board to fill vacancies serve until their successors, elected at the next regular meeting of the corporation, qualify. Section 1276. Persons chosen by the electors to fill vacancies serve the remainder of the term. Section 1277. 9. When to qualify — contested election. When an election is contested, the person elected shall have ten days in which to qualify, after the date of the decision. Code, section 1177. 10. Refusal to issue certificate of election. The failure or refusal of the proper officers to issue a certificate to a person duly elected, cannot operate to deprive such person of his rights. The certificate or commission is the best, but not the only evidence of an election, and if that be refused sec- ondary evidence is admissible. McCrary on elections, section 171; decisions, 9. Mandamus is the proper remedy to compel the board of canvassers to declare elected and certify to the election of the party receiving the highest number of votes. 36, Iowa, 291. 11. Board determines identification of members. While a board may use its own judgment as to who shall or who shall not be received as a member of the board, any one aggrieved has his remedy through the courts; that is, the membership of the board is not finally determined by any action of the board. 125 Iowa, 193. 12. Title — how determined. The right or title to hold office cannot be determined by an appeal to the county superintendent. The proper remedy for any person aggrieved by the action of the board relating thereto is a petition to the district court. Code, sections 4313 and 4320; decisions, 9. Quo warranto is the proper proceeding to determine the title to an office. 125 Iowa, 193. 13. Province of courts. It is the exclusive province of the courts to de- termine questions with relation to any vote of a school meeting or with relation to the choice of members of the board or officers of the board. De- cisions, 20. 14. Elections — regular. Sections 2746, 2751, 2754; to fill vacancy, sec- tion 2771. Sec. 2759. President — employment of counsel. The president of the board of directors shall preside at all of its meetings, sign all war- rants and drafts, respectively, drawn upon the county treasurer for money apportioned and taxes collected and belonging to his school corporation, and all orders on the treasurer drawn as provided by law, sign all contracts made by the board, and appear in behalf of his cor- poration in all actions brought by or against it, unless individually a party, in which case this duty shall be performed by the secretary. In all eases where actions may be instituted by or against any school officer to enforce any provision of law, the board may employ counsel. SCHOOL LAWS OF IOWA 43 for which the school corporation shall be liable. [19 G. A., ch. 46; C. '73, §§ 1739-40; E., §§ 2039-40; C. '51, §§ 1122-3, 1125.] Notes: 1. President may not hold over. A president whose term as director has expired may take no further part in the board, even though a new president has not been chosen. 2. President may vote. The president ihas the right to vote on all ques- tions coming before the board. If by such vote a tie is produced, the motion is lost. Section 27 57. 3. Temporary president. When the board is without a president, a tem- porary president may be appointed from the members of the board, who, dur- ing the time he is acting as president, may sign orders and contracts and do all other acts proper to be done by the president, but he is not authorized to act except when the board is in session. Section 2772. 4. Order book — custodian of. The secretary is the custodian of the order booli. He fills out the orders, which the president afterward signs. Section 2762. 5. Order must indicate fund. To be valid, an order must express upon its face the fund on which it is drawn, and name the purpose for which it was issued. Section 2762. 6. Failure to attach official title. The failure of an ofiicer to attach his official title to his signature will not affect the instrument so far as the dis- trict is concerned, provided the writing was authorized, and made for the district, and this fact can be shown. 7 Iowa, 509; 11 Iowa, 82. 7. Personal liability. Unless the fact that official approval was author- ized can be shown, personal liability may follow. 59 Iowa, 696. 8. Authority for signing. An order on the treasurer may be drawn only by the authority of the board. Section 2780. 9. Expense of litigation. The expense in suits provided for by this section should be paid from the contingent fund. Section 2768. 10. Appeals not actions. Appeals to the county superintendent or super- intendent of public instruction, are not actions brought by or against the district, nor are they actions brought by or against any of the school officers, within the meaning of the law, and no charge can be made against the district for attorney fees. 36 Iowa, 411. 11. President may not biing suits. The president does not have author- ity to bring suits in the name of the corporation on his own motion. 85 Iowa, 387. 12. Service of notice. Service of notice may be made on either the presi- dent or the secretary. Code, section 3531. Sec. 2760. Bonds of secretary and treasurer. The secretary and treasurer shall each give bond to the school corporation in such penalty as the board may require, and v^itli sureties to be approved by it, which bond shall be filed with the president, conditioned for the faithful per- formance of his official duties, but in no case less than five hundred dollars. Each shall take the oath required of civil officers, which shall be indorsed upon the bond, and shall complete his qualification within ten days. In case of a breach of the bond, the president shall bring action thereon in the name of the school corporation. [15 G. A., ch. 27; C. '73, §§ 1721, 1731; R., §§ 2035, 2037, 2076; C. '51, § 1144.] Notes: 1. Official bond. The law requires all official bonds to be se- cured by at least two sureties who are freeholders, and whose aggregate prop- erty is double the amount of the bond, the oath of office to be subscribed on the back of the bond, or attached thereto, and the sureties to make affidavit that they are worth the amount named. Form 15. A guarantee company may be accepted as surety. Sections 360 and 1187. 44 SCHOOL LAWS OF IOWA 2. Sureties and principal must qualify. At least two sureties are re- quired, who must be resident freeholders of this state, and each of whom must make an afladavit as surety. Both the principal and the sureties must qualify before some one empowered to administer oaths. Code, sections 358 and 359. 3. Requalify. If the treasurer is re-elected, or continues in office by reason of failure to elect a successor, his bond must be renewed and he should produce and account for the funds in his hands, and the statement of such settlement should be endorsed upon his new bond before the same is ap- proved by the board. Code, section 1193, 4. Liability of treasurer. The treasurer of a school district is absolutely liable for all money coming into his hands by virtue of his office. 40 Iowa, 130; 37 Iowa, 550; 80 Iowa, 497. 5. Member should not be surety. As the bonds of the secretary and the treasurer must be approved by the board, no member should become surety for one of these officers. 6. Failure to give bond. Any officer whose duty it is to give bonds for the proper discharge of the duties of his office, and who neglects so to do, is guilty of a misdemeanor and is liable to a fine. Code, section 1197. 7. Liability of board. A board approving bonds known to be insufficient, does not discharge the duty incumbent upon it, and is liable on a charge of misdemeanor. 14 Iowa, 510; 18 Iowa,153. Code, section 4904. 8. Additional security. Any officer or board who has the approval of another officer's bond, when of the opinion that the public security requires it, upon giving ten days' notice to show cause to the contrary may require him to give such additional security by a new bond, within a reasonable time to be prescribed. Code, section 1281. 9. Relief of surety. By petitioning the board a surety may ask to be re- lieved from his obligation on a bond. Code, sections 1283 and 1285. 10. Board not bound to notify. The board of directors is not bound to notify or warn sureties of the dishonesty of a re-elected treasurer. 11. All qualify. All the officers of the board must take the oath of office as prescribed by section 5, article 11, of the constitution. See Form 55. 12. When qualify. The secretary and the treasurer have ten days in which to qualify. 13. Guarantee company may become surety. Any association or corpora- tion which does the business of insuring the fidelity of others, and which has authority by law to do business in this state, shall be accepted as surety upon bonds required by law, with the same force and effect as sureties above qualified. Code, section 1187. 14. Guarantee company's certificate. Any company engaged in the busi- ness of becoming surety upon bonds shall file, with the clerk of any county in which it shall do business, a certificate from the state auditor that it has complied with the law and is authorized to do business in this state; and should said authority be withdrawn at any time, the state auditor shall at once notify the clerk of each district court to that effect. Code, sections 359 and 360. Sec. 2761. Duties of secretary. The secretary shall file and pre- serve copies of all reports made to the county superintendent, and aV papers transmitted to him pertaining to the business of the corpora- tion; keep a complete record of all the proceedings of the meetings of the board and the voters of the corporation in separate books ; keep an accurate, separate account of each fund with the treasurer, charge him with all warrants and drafts drawn in his favor, and credit him with all orders drawn on each fund ; and he shall keep an accurate account of all expenses incurred by the corporation, and present the same to the board for audit and payment. At the annual meeting SCHOOL LAWS OF IOWA 45 he shall record, in a book provided for that purpose, the names of all persons voting thereat, the number of votes east for each candidate, and for and against each proposition submitted. [C, '73, §§ 1741, 1743; R., §§ 2041-2; C. '51, § 1128.] Notes: 1. Importance of secretary's work. A large amount of labor de- volves upon the secretary. The fidelity and promptness with which he at- tends to his duties make his assistance very valuable to the board and the district, and determine, in a large degree, the accuracy and completeness of his annual report to the board and to the county superintendent. 2. Minutes — keeping of. It is essential that the record of the proceedings of the board and of the district meetings should be properly kept. Every transaction should be carefully noted, and the proceedings read and ap- proved. Decisions, 113. 3. 3Iinutes as evidence. The minutes of a meeting as recorded at the time by the secretary, must be regarded the best evidence as to the understanding the board had of a subject, at the time the question was voted upon. De- cisions, 6, 31, 36 and 50. 4. Proceedings submitted to board. The proceedings of any meeting in relation to voting schoolhouse taxes, must be submitted by the secretary, who is the proper custodian of the records, to the board, to form the basis of its action in appropriating and certifying schoolhouse taxes to the board of supervisors. Section 2 806. 5. Failure to record proceedings in separate books. The failure of the secretary to record all the proceedings of the board and of the district meetings in separate books, kept for that purpose, will not render the pro- ceedings void. 8 Iowa, 298. 6. Public records may be inspected. Public records are public property, and are open to inspection at proper times by any citizen. No public officer may refuse examination of the records, but as he is their custodian, and is charged with their safe keeping, he must keep them in his possession. 7. Records — certified copy of. Every officer having the custody of a public record or writing is bound to give any person, on demand, a certified copy thereof on payment of the legal fees therefor. Code, section 4638. 8. May not act. The secretary may not act as president or treasurer of the board. 9. Librarian. The secretary, as the clerical officer of the board, cares for the records of the district (section 2761) and is the librarian of the corporation, unless the board appoints some other person. Section 2823-r. 10. Cash account. The secretary is required by this section to keep an account current with the district treasurer. This account, properly kept, will assist the board in its frequent settlements with the treasurer, as re- quired by section 2780. 11. Minutest-correction of. A court of equity may hear parol evidence to correct the record. 110 Iowa, 707. 12. Check with treasurer. The secretary should before the annual meet- ing check his books with those of the district treasurer. Sec. 2762. Warrants. He shall countersign all v^arrants and drafts upon the county treasurer drawn or signed by the president; draw each order on the treasurer, specify the fund on which it is drawn and the use for which the money is appropriated; countersign and keep a register of the same, showing the number, date, to whom drawn, the fund upon which it is drawn, the purpose and the amount ; and at each regular annual meeting furnish the board with a copy of the same. [31 G. A., ch. 136; § 4; 19 G. A., ch. 46; C. '73, §§ 1739, 1782; R., §§ 2039, 2061; C. '51, §§ 1122-3.] 46 SCHOOL LAWS OF IOWA Notes: 1. Claims uiMst be audited. All demands, whether by contract or otherwise, must be approved by the board when in session, before an order may be drawn on the treasurer, and the secretary shall draw no order unless he is authorized to do so by a vote of the board, at a regular or special meeting. Form 17. Section 2780. 2. Secretary holds the order book. The secretary should hold the order book, for by this means he can better keep his records, make the transcript to the treasurer of orders drawn, and more easily make his final report to the board in July. Section 2762. 3. Comply with lawful instructions. The secretary, president, and treas- urer, must conform to the instructions of the board, as far as those direc- tions are in accordance with law, but they should not comply with an in- struction directing them to do an illegal act. Section 2760. 4. When warrant should be refused. If the board appropriates money to pay its members, or for any other illegal purpose, the secretary should refuse to draw and the president should decline to sign the order, and, if drawn, the treasurer should refuse to pay it. Section 276 0. 5. How relieved from responsibility. A member may relieve himself of the responsibility of an illegal act of the board, by moving that the ayes and noes be taken, and by voting no on the unlawful proposition. Members of the board are not liable to prosecution for errors when not shown that they acted in bad faith. 69 Iowa, 533. 6. Teachers' salaries. The board may authorize the president and secre- tary to draw warrants for the payment of teachers' salaries at the end of each school month, upon proper evidence that the service has been per- formed, but the order for wages for the last month should not be drawn until the full report required by section 2789 is filed in the office of the secretary. 7. Warrants — -when illegal. School orders issued without a vote of the board, or otherwise illegally issued, although they may be signed by the president and countersigned by the secretary, are not binding upon the district, neither can they acquire validity by being transferred to third parties. If illegal when issued, they are illegal forever. 19 Iowa, 199 and 248. Decisions, 11. 8. Not negotiable. An order is not a negotiable paper. It is subject to all equities and defenses to which it would have been subject in the hands of the payee. 22 Iowa, 595; 29 Iowa, 339, and 92 Iowa, 676. 9. Defects not removed by transfer. An order issued illegally does not acquire validity by transfer. See note 8. 10. Terms of. School orders may not be drawn payable on time, nor should any mention regarding interest be in the order. An order may not be made payable at any other place than the treasury of the district. Sec- tion 2768, 11. Registration. The registry of orders is an important matter. Every order drawn should be promptly reported to the district treasurer, as he has no other means of determining the amount of outstanding orders, and otherwise cannot comply with the law requiring him to make partial pay- ments. Section 2768 and form 18. Sec. 2763. Repeal. That section twenty-seven hundred sixty-three (2763) of the code be and the same is hereby repealed, and the follow- ing enacted in lieu thereof. [31 G. A., ch. 138 ; § 1 ; 18 G. A., ch. 59 ; C. '73, §§ 1742, 1822; R., § 2043; C. '51, § 1129.] Sec. 2763-a. Notice of special meetings in corporations of five thou- sand or more. The secretary of the board of directors of any school corporation which is divided into precincts, shall give notice of all special meetings of the voters, as provided by section twenty-seven hundred fifty-five (2755) of the supplement to the code. Each notice SCHOOL LAWS OF IOWA 47 shall state the date, place and hours during which the meeting will be in session, and the object of the meeting. [31 G. A., ch. 138, § 2.] Notes: 1. Computing time. The statutory mode of computing time ex- cludes the day on which the notice is posted, and includes the day of meet- ing. 61 Iowa, 303. Code, section 48, subdivision 23. Forms 8 and 11. 2. Notice necessary. Failure to comply with the law with respect to the notice invalidates the proceedings of the meeting, even if regular in other re- spects. Sections 2746, 2749, 2750, 2755. 118 Iowa, 207. 3. Kintl of notice. It follows that notice through the newspapers or any other notice than as named in the law, will not take the place of the kind of notice required by the law, given in the manner indicated. 4. Proving. The posting up or service of any notice or other paper re- quired by law may be proved by the affidavit of any competent witness at- tached to a copy of said notice or paper and made within six months of the time of such posting up. Code, section 4681. Sec. 2763-b. Notice of special meetings in independent corporations of less than five thousand. The secretary of the board of directors for any school corporation, located wholly within or partly within the corporate limits of cities of the first class, cities of the second class, or incorporated towns, which maj^ not have adopted the provisions of section twenty-seven hundred fifty-five (2755) of the supplement to the code and divided into precincts, shall give notice of special meet- ing of the voters in the same manner as for the annual meeting, by posting at least five notices in five public places within said corpora- tion, for not less than ten days next preceding the day of special meet- ing. Each notice shall state the date, place and hours during which the meeting will be in session, and the object of the meeting. [31 G. A., ch. 138, § 3.] Note: See notes to section 2 76 3-a. Sec. 2763-c. Notice of special meetings in school townships. The secretary of the board of directors for any school township or for any school corporation not included in the preceding sections, shall give teL days' printed or written notice of special meeting to the voters, posted in at least five public places Avithiu the corporation. They shall be posted at the door of each schoolhouse, and also at or near the last place of meeting, and each notice shall state the date, place and hours of meeting. [^31 G. A., ch. 138, § 4.] Note: See notes to section 2763-a. Sec. 2764. Register of persons of school age. He shall, between the first day of June and the first day of July of each year, enter in a book made for that purpose, the name, sex and age of every person between five and twenty-one residing in the corporation, together with the name of the parent or guardian. [32 G. A., § 5 ; C. '97 ; § 2764.] Notes: 1. Time. The law intends that no part of the enumeration shall be taken before the first day of June. What is desired is that the number of persons of the ages of five to twenty-one having an actual residence in a corporation on the first day of June, shall be enumerated in that corpora- tion. No enumeration shall be made after the first day of July. 48 SCHOOL LAWS OF IOWA 2. Whom to include in the enumeration. Every person between five and twenty-one should be enumerated where he resides. A child in one of the charitable or reformatory institutions temporarily, and whose parents or guardian reside in another part of the state, or in another school district, is a resident of the district in which his parents reside, and should be enumer- ated there. If in the institution to remain permanently, having no parents or guardian, his residence is in the district in which the institution is lo- cated, and he should be enumerated therein. 3. What desired. The actual truth as to the number of school age is what is sought. Anything else disturbs the equality which by right exists, and prevents all from receiving exact justice in the apportionments. 4. How obtained. The number of persons of school age can be obtained only by a careful and conscientious census. It includes all persons between five and twenty-one years having a residence within the district, even if married. Form 19. 5. Rights of each district. Each district deserves credit for every one of proper age, but is entitled to no more. It is obvious that a guess or esti- mate regarding even a single individual is to be avoided. Section 2 808. 6. By whom taken. In independent districts it is the duty of the secre- tary to take the annual school enumeration required by the first clause of this section, unless the board assigns the duty to another person. In any case proper extra compensation should be given for the work required, if the district is a large one. Section 2764. 7. Joint districts. In districts formed of parts of two or more counties, the secretary should make the annual report to the county superintendent having jurisdiction over that school and its teachers, and with whom they register their certificates. This report should not include those children who reside in portions of the district lying in other counties. The remain- ing number of children should be reported by the secretary to the super- intendents of the counties having territory in such district. 8. Guardian. Upon the death of both parents the grandfather or grand- mother, if living, becomes the natural guardian of an orphan infant. 127 Iowa, 625. 9. School census — seven to fourteen. At the time of making the enu- meration of those of the ages of five to twenty-one, the secretary shall make a list of those of the ages of seven to fourteen and of those of seven to four- teen not attending school, as provided in section 2 823-a. Section 2 823-i. 10. Seven to fourteen, inclusive — meaning. See section 2823-a, note. Sec. 2765. Reports. He shall notify the county superintendent when each school is to begin and its length of term, and within five days after the regular July meeting in each year, file with the county superintendent a report which shall give the number of persons in the corporation, male or female, of school age, the number of schools and branches taught, the number of scholars enrolled and average attend- ance in each school, the number of teachers employed and the average compensation paid per month, distinguishing the sexes, the length of school in days, and the average cost of tuition per month for each scholar, the text-books used, number of volumes in library, the value of apparatus belonging to the corporation, the number of schoolhouses and their estimated value, the name, age and postoffice address of each deaf and dumb or blind person in the corporation between the ages of five and twenty-one years, and this shall include those who are so blind or deaf as to be unable to obtain an education in the common schools, a like report as to all feeble-minded children of and between such ages, and the number of trees set out and in a thrifty condition on each schoolhouse ground. [31 G. A., ch. 136, § 6; 19 G. A., ch. 23, § 3; SCHOOL LAWS OF IOWA .49 16 G. A, eh. 112, § 1; C. 73, §§ 1744-5; R, § 2046; C. '51, §§ 1127-8.] Notes: 1. Data. The name of the teacher should be given, and any other information which will aid the county superintendent in planning his work of visitation, provided for in section 2734-b. 2. Annual reports. The blanks for the annual report of the secretary are furnished by the state through county superintendents. The secretary should copy the report required by this section, in the district records. If the original report is filed in his office, it is liable to be destroyed or mislaid, which may prove detrimental to the interests of the district. 3. Early report desired. A county superintendent should receive the sec- retary's report at once following the annual meeting. The county super- intendent cannot complete his annual report till every secretary's report is filed. One delinquent secretary may block the annual report for days. 4. Accuracy. The secretary should be accurate in making his report. Uncertain figures are of little value. The report should not be made up hastily but should be carefully made out before the date of annual meet- ing. 5. Daily register. Every teacher should take great pains to keep very carefully the register required by section 2789, in order that the report re- quired by this section may be made out correctly. By the teacher's doing so the secretary will be able to make his annual report with greater ease, and with added accuracy. Sec. 2766. Officers reported. He shall report to the county super- intendent, auditor and treasurer the name and postoffice address of the president, treasurer and secretary of the board as soon as prac- ticable after the qualification of each. [C. '73, § 1736.] Note: 1. It is very important that the secretary should file the certificate with the county officers named, immediately after the regular meetings of the board in March and July, otherwise funds belonging to the district may be paid to persons not authorized to receive them. Whenever a change is made the county officers should be notified. Form 20. Sec. 2767. Certifjdng tax. Within five days after the board has fixed the amount required for the contingent and teachers' fund, he shall certify to the board of supervisors the amount so fixed, and at the same time shall certify the amount of schoolhouse tax voted at any regular or special meeting. In case a schoolhouse tax is voted by a special meeting after the above certificate has been made and prior to the first day of September following, he shall forthwith certify the same to the board of supervisors. He shall also certify to such board any provision made by the board of directors for the payment of prin- cipal or interest of bonds lawfully issued. [C. '73, §§ 1777, 1823; R., §§ 2037, 2044.] Notes: 1. The secretary has no discretion but must certify the tax to the board of supervisors. He should also certify to the board of supervisors any provision made by the board of directors for the payment of principal or interest of bonds lawfully issued. 141 Iowa, 43. 2. Use form. To avoid errors the secretary should use forms furnished by the county superintendent in certifying the amount of tax fixed. 3. Excessive schoolhouse tax. The fact that the electors at their annual meeting voted a schoolhouse tax in excess of that which is legal to be levied in one year does not render the election void. The supervisors should make only the legal levy. 141 Iowa, 43. i 50 SCHOOL LAWS OF IOWA 4. Meeting to rescind a tax voted — discretionary. A board of directors may call a special meeting of the electors, when petitioned, to vote upon the question of rescinding a former vote authorizing a schoolhouse tax, provided no part of the tax has been collected; but the matter is discretion- ary with the board and the courts will not require it to act. 141 Iowa, 43. Sec. 2768. Duties of treasurer — payment of warrants. The treas- urer shall receive all moneys belonging to the corporation, pay the same out only upon the order of the president countersigned by the secretary, keeping an accurate account of all receipts and expeditures in a book provided for that purpose. He shall register all orders drawn and reported to him by the secretary, showing the number, date, to whom drawn, the fund upon which drawn, the purpose and amount. The money collected by tax for the erection of schoolhouses and the payment of debts contracted therefor shall be called the school- house fund ; that collected for the payment of school building bonds shall be called the school building bond fund; that for rent, fuel, re- pairs, and other contingent expenses necessary for keeping the school in operation, the contingent fund ; and that received for the payment of teachers, the teachers' fund; and he shall keep a separate account with each fund, paying no order that fails to state the fund upon which it is drawn and the specific use to which it is to be applied. Whenever an order cannot be paid in full out of the fund upon which it is drawn, partial paj^ment may be made. All school orders shall draw lawful interest after being presented to the treasurer and by him endorsed as not paid for want of funds. [31 G. A., ch. 139 ; C, '73, §§ 1747-50; E., §§ 2048-50; C, '51, §§ 1138-40.] Notes: 1. C?iistodian. The language of this section is very explicit. It makes the treasurer the custodian of all moneys belonging to the district, which effectually precludes the idea of dividing the money belonging to any particular fund among the subdistricts. Decisions, 13. 2. Use of funds. The treasurer may pay out the funds only on the order of the president, countersigned by the secretary, and the president may not sign an order unless he is authorized to do so by the board. Section 2768 and 2780. 3. Claims must be audited. No order shall be drawn on the district treas- ury, until the claim for which it is drawn has been audited and allowed. Section 2780. 4. Orders— order of payment. In making payment, when there is not sufficient money on hand to pay all outstanding orders, one order may not be given preference over another. 40 Iowa, 62 0. 5. Loaning. Neither the electors nor the board may authorize the treas- urer to loan money belonging to the district. Code, section 4840, as note 11 to section 2769. 6. Responsibility of treasurer. The treasurer is responsible for all moneys coming into his hands by virtue of his office, even if stolen or destroyed by fire. The board has no authority to release him, unless he accounts in full for all moneys received by virtue of his office. 37 Iowa, 55 0; 39 Iowa, 9; 40 Iowa, 130, and 80 Iowa, 497. 7. Depositing. It is generally advisable for the treasurer to deposit the money in some safe and secure bank; but the treasurer and his bondsmen are as fully responsible as they would be if the money is held by the treasurer in person. A general deposit is not conversion. 120 Iowa, 695. 7 J. Deposits not preferential claim. A deposit of school funds in a bank does not make the banker a trustee nor does the account become a pre- SCHOOL LAWS OF IOWA 51 ferred claim in case of bank failure. 139 Iowa, 58. 8. May not reimburse. The spirit of our law forbids the electors to vote schoolhouse funds to reimburse a treasurer or his bondsmen for a loss of the money belonging to the district. There is no way under the law by which the treasurer and his bondsmen may be released from absolute liability. Note G. 9. No highway fund. There is no authority in law for a county ti'easurer and a district treasurer to keep a part of the schoolhouse fund separate as a so-called highway fund or library fund. It is obvious that all moneys col- lected as voted by the electors must belong to the schoolhouse fund or the school building bond fund. Section 2768. 10. Cost of removal. When possible, it is desirable that the cost of re- moving and repairing schoolhouses shall be paid from the schoolhouse fund. If there is no schoolhouse fund on hand unappropriated, the expense of re- moval, if not too considerable, may be paid from the contingent fund. 11. Flag staff. Contingent fund may be used to erect a flag staff upon the schoolhouse or a flag pole upon the school grounds for the purpose of dis- playing a school flag. 12. Minor improvements. Minor improvements, such as the erection of ordinary outhouses, storm caves, fences, and the like, may be paid for from either the contingent or the schoolhouse fund. 13. Ordinary repairs — rebuilding. Ordinary repairs should be charged to the contingent fund; but when such repairs assume the magnitude of a re- building, or of an extensive addition, they should be charged to the school house fund. 14. Use of unaiipropriated schoolhouse fund. Any unappropriated school- house fund in the district treasury may be used for the erection or repair of schoolhouses, at the discretion of the board, without the action of the electors. 15. Seating. The cost of seating new schoolhouses should be paid from the schoolhouse fund. The law does not authorize the use of the contingent fund for the erection or completion of schoolhouses, but when a house needs reseating or other repairs, the cost may be defrayed either from the con- tingent fund, or from any unappropriated schoolhouse fund in the treasury. 25 Iowa, 436. 16. School furniture. The term school furniture, as generally used in our state, means school desks, tables, chairs, and such similar articles as are closely related to making the schoolhouse more suitable for its use as a schoolhouse; school apparatus has been understood to include the articles mentioned in section 2783, or such similar articles as would clearly come under the same designation for use in the schools for the purpose of in- struction. 17. Transfer of funds. Boards have no authority to transfer money from one fund to another, even temporarily, unless they are authorized by the electors under section 2749, subsection 5, to transfer any surplus in the school house fund to another fund. Notes 3 and 4 to section 2810. 18. Teachers' fund not divided. The teachers' fund should not be divided among the subdistricts, equally, according to the number of children, or upon any other basis. This fund can be paid out only to teachers for services, upon orders authorized by the board. 19. Order must specify fund. The treasurer shall pay no order which does not specify the fund on which it is drawn, and the specific use to which the money is applied. 20. Tuition belongs in teachers' fund. Tuition fees collected from non- residents belongs to the teachers' fund. 21. Teachers' fund — use of. No part of the teachers' fund may be used for any other purpose than to pay teachers or to pay tuition of pupils at- tending school in another district under sections 2774 and 2803; except the amount withheld from the apportionment for the purchase of library books. Section 2823-n. 52 SCHOOL LAWS OP IOWA 22. Register of orders. The law requires both the secretary and the treas- urer to keep a register of all orders drawn on the district treasury, contain- ing a record of each item enumerated. Form 24, Sections 2762, 2768. 23. School orders — terms of. The board has no authority to make a con- tract by which school orders shall draw interest before their presentation nor a higher rate than six per cent. 90 Iowa, 53. 24. Caves. The board of directors may build a cave near the schoolhouse, using any unappropriated schoolhouse or contingent fund for that purpose. 25. Secretary furnish list of orders. It is essential that the treasurer should know the exact amount of outstanding orders, and for this reason the secretary is required to report to him all orders drawn on the district treasury. Section 2762. 2 6. Register — importance. The register provided for in this section is in- dispensable to the treasurer, under the law requiring him to make partial payments on orders when he has not funds sufficient to pay them in full. 40 Iowa, 620, 27. When treasurer may refuse to pay. The treasurer may rightly ob- ject to paying an order that is defective in any of the particulars named. It is especially essential that the purposes for which the order was given shall be written in the order. The stub in the order book should also be properly filled out and carefully preserved. 28. Partial jiayment. The provision as to partial payment applies to all orders on that fund. The holder of an order drawn to pay a judgment can- not insist on its being satisfied in full to the exclusion of other orders. 40 Iowa, 620. 29. Indorsement for want of funds. By keeping a correct account of the orders, as by form 18, the treasurer will know the amount outstanding, and can readily determine what per cent on each he can pay with the funds on hand. When requested by the holder, he should indorse an order so that the amount remaining unpaid may draw legal interest. Section 2768. 30. Payments should be indorsed. Whenever partial payment is made, the treasurer should indorse the payment on the order and take a receipt for the amount paid. When paid in full, the order should, in all cases, be in- dorsed by the person presenting it, and left with the treasurer. It is then a voucher for the amount paid. Section 276 8. 31. To compel payment. The remedy of any one holding an order which the treasurer refuses to pay or indorse is application to a court for a writ to compel such officer to make payment. At the final hearing before the court it will be definitely determined whether the order is of such character that it should be either paid by the treasurer or indorsed by him as not paid for want of funds. Section 2768. 32. Limit of taxation. See sections 2749, 2753, 2806, 2813, 2825. See. 2769. Financial statem-ent. He shall render a statement of the. finances of the corporation whenever required bj^ the board, and his books shall always be open for inspection. He shall make an annual report to the board at its regular July meeting, which shall show the amount of the teachers' fund, the contingent fund, and the school- house fund held over, received, paid out, and on hand, the several funds to be separately stated, and he shall immediately file a copy of this report with the county superintendent. [31 G. A., ch. 136, § 7; 16 G. A., ch, IIQ, § 2; C. '73, § 1751; R., § 2051; C, '51, § 1141.] Notes; 1, Settlement. The interest and protection of the taxpayers re- quire that a full and complete settlement should be made at least once each year, and more frequently if deemed necessary, and that the settlement at the July meeting requires that the funds and property shall be produced and fully accounted for, and that these facts should be indorsed upon the new bond of the treasurer, if he is re-elected. Code, section 1193, quoted in note 9 below. 69 Iowa, 269; 91 Iowa, 198, and 110 Iowa, 58. SCHOOL LAWS OF IOWA 53 2. Treasurer — may demand. The outgoing treasurer and his bondsmen have a right to expect and to require that the board shall make a complete settlement, and the treasurer may demand and receive written evidence that such settlement is complete. 110 Iowa, 58. 3. Responsibility. The responsibility of the treasurer and his bondsmen to the district is absolute, and it rests with the treasurer to deposit the money in a bank, or not, as may seem best to him. 4. School funds — deposit in bank. A school township treasurer may right- fully make a general deposit of the funds of his district, and the title to the funds will not thereby pass to the bank, nor does it amount to conversion; and any guaranty which the bank may give to secure him against loss in case of its failure is not invalid, either on the ground that the deposit was wrong- ful or as against public policy. 120 Iowa, 695. 5. Officers may not be released. It is not within the power of even the electors to release the board or its officers from their obligation to protect the funds of the district. 6. Terms sureties liable. The sureties on an official bond may be held for three years from the time that it is presumed an irregularity occurred. Code, section 3447. 91 Iowa, 198. 7. Vouchers preserved. The vouchers of the treasurer should not be destroyed until after three years from the expiration of a term of office. The stub books of the secretary should also be retained, and not destroyed until after several years. 8. Arbitration. In making settlement, the board may submit a difference with the treasurer, to arbitration. 70 Iowa, 65. 9. Re-elected — requalify. When the incumbent of the office of secre- tary or treasurer is re-elected, he shall qualify anew, as directed by section 2760 of the code, and when the re-elected officer has had public funds or property in his control, under color of his office, his bond shall not be ap- proved until he has produced and fully accounted for such funds and prop- erty to the proper person to whom he should account therefor; and the officer or board approving the bond shall indorse upon the bond, before its approval, the fact that the said officer has fully accounted for and pro- duced all funds and property before that time under his control as such officer. Code, section 1193. 110 Iowa, 58. 10. Hold over — requalify. When it is ascertained that the incumbent is entitled to hold over by reason of the non-election of a successor, or for the neglect or refusal of the successor to qualify, he shall qualify anew, within ten days. Code, section 1275. 11. Embezzlement. If any state, county, township, school or municipal officer, or officer of any state institution, or other pui)lic officer within the state, charged with the collection, safe keeping, transfer or disbursement of public money or property, fails or refuses to keep the same in any place of custody or deposit that may be provided by law for keeping such money or property until the same is withdrawn therefrom as authorized by law, or keeps or deposits such money or property in any other place than in such place of custody or deposit, or unlawfully converts to his own use in any way whatever, or uses by way of investment in any kind of property, or loans without the authority of law, any portion of the public money intrusted to him for collection, safe keeping, transfer or disbursement, or converts to his own use any money or property that may come into his hands by virtue of his office, he shall be guilty of embezzlement to the amount of so much of said money or the value of so much of said property as is thus taken, converted, invested, used, loaned or unaccounted for, and shall be imprisoned in the penitentiary not exceeding ten years, and fined in a sum equal to the amount of money embezzled or the value of such property converted, and shall be forever after disqualified from holding any office under the laws of the state. Any such officer who shall receive any money belonging to the state, county, township, school or municipality, or state institution of which he is an officer, shall be deemed to have received the same by virtue of his office, and in case he fails or neglects to account there- 54 SCHOOL LAWS OP IOWA for upon demand of the person entitled thereto, he shall be deemed guilty of embezzlement, and shall be punished as above provided. Code, section 4840. 12. Blanks. The blanks for the annual report of the treasurer are fur- nished by the state, through the county superintendents. 13. Treasurer's report to coimty superintendent. Treasurers should not fail to mail a copy of their annual report at once to the county superin- tendent, as only by timely attention on the part of the treasurers, can the county superintendent compile and forvpard his annual report to the super- intendent of public instruction, on the last Tuesday in August. Sec. 2770. Surrendering office to successor. Each school officer, upon the termination of his term of office, shall immediately surrender to his successor all books, papers and moneys pertaining or belonging to the office, taking a receipt therefor. [C. '73, § 1791; E,., § 2080.] Note: 1. What included. The language of this section includes copies of the school laws, reports, and all other publications which may be re- ceived by virtue of being a school officer. Sec. 2771. Quorum of board — filling vacancies. A majority of the board of directors of any school corporation shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. Vacancies occurring among the officers or members shall be filled by the board by ballot, and the person receiving the highest number of votes shall be declared elected, and shall qualify as if originally elected or appointed. When the board is reduced below a quorum, by resignation or otherwise, the secretary of the board, or if there be no secretary, the county superintendent shall call a special election to fill the vacancies, giving notice in the same manner as for the annual meeting on the second Monday in March. [32 G. A., eh. 150; 28 G. A., ch. 106; 24 G. A., eh. 19; C. '73, §§ 1730, 1738; K, §§ 2037-38.] Notes: 1. Necessary to carry. In the absence of a direct provision of law, or of a by-law requiring majority vote of all the board, a majority of the votes of a quorum will carry a measure. 2. Removal. Boards have no authority to remove any member or oflacer of the board. Such removal may be made only by the courts. Code, section 1251. 3. Neglect — misdemeanor. Willful neglect to perform duty is a misde- meanor. Code, sections 4904, 4906. 4. Neglect— punishment. If a director ihabitually or willfully neglects the duties of his office he may be compelled by mandamus to perform them. Section 2822. 50 Iowa, 648. 5. Vacancy — how created — ^how filled. A vacancy can be created only by death, removal, resignation, or failure to elect at the proper election, there being no incumbent to continue in office. Code, section 1266. A failure to elect or qualify does not create a vacancy, for the incumbent, whether elected or appointed, continues in office "until his successor is elected and qualified." Code, section 1265. If the incumbent does not qualify, a vacancy exists. A vacancy may be filled by appointment of the board. This appointment must be made by ballot. The president ofl the board may not appoint in session of the board or out. The ballot to fill vacancy must be taken at a duly called meeting of the board. 6. Resignation. School directors may resign at any time. A verbal or written resignation may be tendered to the board when in session, or a SCHOOL LAWS OF IOWA 55 written resignation may be handed to some member to be presented at a subsequent meeting, for acceptance by the board. 7. Change in subdistrict. If a subdistrict is divided, so as to form a new one, the resident director will continue to act as though no change had been made, until the organization of the new board in July following the next regular annual election. However, on the first Monday in March, directors shall be chosen according to the new subdistrict boundaries. Section 2802. 8. Legality of acts of de facto officers. If a person without the requisite qualifications, is elected a member of the board and acts with the board, being a member de facto, his acts will be valid, but when his disqualification becomes known, the board shall declare the place vacant and appoint his successor. 23 Iowa, 96. 110 Iowa, 382. 9. Ratification of acts of de facto officers. A board may ratify or adopt such acts of officers de facto as the law would permit officers de jure to perform. 10. Qualification of officers. See section 27 5 8. 11. Elections — regular. Sections 2746, 2751, 2754, 2756. 12. Vacancy — term. See notes, sections 274 5 and 2758. Sec. 2772. Temporary officers — course of study — regulations. The board shall appoint a temporary president and secretary, or either of them, in the absence of the regular officers, and shall prescribe a course of study for the schools of the corporation, make rules and regu- lations for its own government and that of the directors, officers, teachers and pupils, and the care of the schoolhouse, grounds and prop- erty of the school corporation, and aid in the enforcement of the same, and require the performance of duty by said persons not in conflict with law and said rules and regulations. [C, '73, §§ 1730, 1737; R., § 2037.] Notes: 1. Course of study. The board of every district should adopt a carefully prepared course of study, to which the electors may add other branches. This department recommends and urges that the state course of study which has been published and used for about 2 years be adopted in all the ungraded schools. 2. Branches required. The law does not prescribe clearly the several branches that shall be taught in the public schools, further than to require most teachers to be qualified to teach certain branches enumerated (section 2734-d), and to require pupils of the ages of seven to fourteen to attend some school in which the common branches are taught. Sections 2823-a to 2823-i. 3. Branches implied. It is plainly implied that the common branches, including music, are to be included in every course of study. Section 2823-a. 4. Special branches. The board of every district has the right to include drawing, manual training, agriculture, domestic science, or any other branch, in the course of study. 5. Added branches. It is the province of the electors to decide what branches beside those named by the board shall be included in the course of study and taught in the schools. Section 2749. 6. Different course for different schools. If it is desired that higher arithmetic, or any other advanced study, shall be taught in one or more schools in the district, the board should include such branch in the course of study for such school or schools. 7. Electors may not restrict. The electors may not limit nor restrict the board as to a course of study. The most that the electors may do is to compel the board to provide for giving instruction in the branches ordered by the electors to be taught during the year. 44 Iowa, 564. 8. Rhetorical and graduating exercises. The board of directors may adopt rhetorical exercises as a part of the course of study, and teachers and 56 SCHOOL LAWS OF IOWA scholars will be governed thereby. Graduating exercises are a part of the course of study and the board may direct what exercises shall be held in con- nection with the closing days of school. 9. Classification. In mixed schools a close classification is very desirable. Time is saved, larger classes are secured, and the efficiency and discipline of the school are promoted by such a plan. 10. Half-day attendance. A condition may exist when for a short time a board may be compelled to provide by regulation that certain pupils shall attend only one-half of the day, and others of the same grade the other half. But such arrangement should not be a permanent one. 11. Equal school facilities. A board is discharging the duty incumbent upon it to provide equal school facilities for all when it does the very best possible to overcome difficulties, and leaves nothing undone which it might properly be expected to do. 12. Board as managers. Legally speaking, the management of the schools in every essential respect is entirely within the control of the board. Teachers and scholars are governed by the reasonable rules and regulations adopted by the board. In the absence of a rule upon any special subject the action of a teacher is supposed to be in effect the act of the board until such action is set aside or disclaimed by an order of the board directing other- wise. Decisions, 17, 38. Sections 2745, 2782, 13. Control of property. Each board has exclusive control of the school- houses in its district, unless the school township meeting has otherwise or- dered. Sections 2745, 2782, 2749. 14. Trespassing. In an extreme case it may be necessary to bring an action in the name of the state before a peace officer against any person or persons wilfully or unlawfully persisting in trespassing upon the schoolhouse grounds or wilfully interfering with or disturbing the quiet and uninterrupted progress of a public school. See note 22. 15. Entering unoccupied schoolhoiises. If any tramp or vagrant, without permission, enter any schoolhouse or other public building in the nighttime, when the same is not occupied by another or others having proper authority to be there, or, having entered the same in the daytime, remain in the same at night when not occupied as aforesaid, or at any time commit any nuisance, use, misuse, destroy or partially destroy any private or public property therein, he shall be imprisoned in the penitentiary not more than three years, or be fined not exceeding one hundred dollars and imprisoned in the county jail not more than one year. Code, section 4793. 16. Seciu'ity for use. The board should require from parties desiring to use the schoolhouse, security for its proper use and protection from other injury than natural wear, 17. Use — public worsliip. It is proper to permit the use of schoolhouses for the purpose of public worship on Sunday, or for religious services, public lectures on moral or scientific subjects, or meetings on questions of public interest, on the evenings of the week, or at any time when such use will not interfere with the regular progress of the school. Especially is this so where abundant provision is made for securing any damages which the taxpayer may suffer by reason of the use for the purposes named. The use of a schoolhouse for such purposes, when so authorized, is not prohibited by section 3, article 1, of the constitution. 35 Iowa, 194; 50 Iowa, 11. 18. Charge for admission. It is not in accordance with the meaning of the law and the decisions of the courts to allow a scihoolhouse to be used for a purpose requiring an admission fee. This does not prevent a contri- bution being taken up, but we think free admission should not be denied. 19. None excluded. It is believed that no discrimination should be made as to who may attend meetings held in a schoolhouse. To make membership in a particular society a test for attendance upon the meeting would seem to be in conflict with the intention of the law. 20. Voting place. In precincts outside of cities and towns the election shall be, if practicable, held in the public school building, for the use of SCHOOL LAWS OF IOWA 57 which there shall be no charge, but all damage to the building or furniture shall be paid by the county. Code, section 1113. 21. Defacing. If any person wilfully write, make marks or draw char- acters on the walls or any other part of any churclh, college, academy, chool- house, courthouse or other public building, or on any furniture, apparatus or fixtures therein; or wilfully injure or deface the same, or any wall or fence inclosing the same, he shall be fined not exceeding one hundred dollars, or imprisoned in the county jail not more than thirty days. Code, section 4802. 22. Disturbing school. If any person wilfully disturb any assembly of persons met for religious worship by profane discourse or rude and indecent behavior, or by making a noise, either within the place of worship or so near as to disturb the order and solemnity of the assembly, or if any person wil- fully disturb or interrupt any school, school meeting, teachers' institute, lyceum, literary society or other lawful assembly of persons, he shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars. Section 4 959. 23. Rules adopted by boards — interference. A rule adopted by a school board for the government of the school will not be interfered with by the courts unless it is so unreasonable as to amount to an abuse of power. 129 Iowa, 441. 24. Violation of rules. The determination by a school board that a rule which it had power to make for the government of the school had been violated will not be reviewed by the courts. 129 Iowa, 441. 25. Special classes. The parent cannot expect that a class shall be formed whenever asked for at any time in the school year, for the special ac- commodation of one or more to the disadvantage of the many and to the detriment of the school. Section 2772. 26. Classification necessary. It is quite necessary to carry out carefully a close plan of classification and instruction, and to provide what time in the year certain classes shall begin the study of the branches to be taught during that portion of the year. To this end this department recommends and urges the adoption of the state course of study in all ungraded schools. 27. Beginners. Authority to prescribe the course of study confers the power to determine when classes in any subject may be organized. Under this authority, school boards may determine when beginning classes in primary work shall be organized. 28. Admission of beginners. All persons of the ages of five to twenty- one who are actual residents of a school corporation may attend some school in said corporation, provided they are able to be classified under the course of study and rules prescribed by the board. Those who have never attended school, or who have not received suflBcient instruction to enable them to take the work of some class already organized, may demand admission only when a beginning class is organized. 29. Branches completed before promotion. It is within the power of a board to require the study of the common branches, or of other elementary studies that are in the course of study adopted by the board, before advanc- ing the scholar to other more difficult subjects. 30. Attendance denied. If a child becomes the source of undue annoy- ance to others, although through no fault of his own, he may, if absolutely necessary for the good of the school, be forbidden attendance. 31 Iowa, 562, top of page 569. Section 2782. 31. Purpose of the law. On the other hand the spirit of our laws does not support an interference with personal or individual rights except when such control or restriction may become absolutely necessary in order to pro- tect others in the enjoyment of the rights guaranteed to them by the law. The true idea is to bring all of school age within the salutary influence of the school and to keep them there if possible. 32. Control of pupil. Undoubtedly the parent and teacher have joint control over the scholar on his way to and from school. The pupil becomes subject to the control of the board as soon as he leaves home for school and 58 SCHOOL LAWS OF IOWA continues within such control until he again reaches the home of the parent. It is very desirable that co-operation and a mutual desire to promote the best good of the scholar should be sought by the parents and the school authori- ties. 129 Iowa, 441. 33. Teacher to determine subjects. It is the duty of the teacher, under the direction of the board, to determine what branches can best be pursued by each scholar. Section 2772. 34. Branches understood in course. Without special mention in the teacher's contract, it is understood that only the usual common branches and those included in the course of study for the school are expected to be taught. Section 2778. 35. Subjects must be included. If it is desired that higher arithmetic or any other advanced study, shall be taught in one or more schools in the district, the board should include such branch in the course of study for such school or schools, and require the teacher to obtain a valid certificate in such branch before beginning school. Sections 2749, 2772. 3 6. Subjects not in coui'se. It is not within the province of individual persons to demand instruction outside the branches in the course of study. 37. Music and physiology mandatory. Every scholar must study music, physiology and hygiene, including the effects of stimulants and narcotics, until the outline upon that branch, as prepared by the board, has been completed. Section 2823-s, 2775. 38. Follow course. It becomes the duty of every teacher to follow the plan of work indicated in the course of study. When diflaculties are met, if no other person has general supervision, the matter may be brought to the attention of the board. Section 2772. 39. Board has control of classification. As regards classification, the board has absolute control. But as the teacher is by common consent pre- sumed to know what will be best for all, custom has left to him the making of the program and the placing of scholars in the proper classes. Section 2772. 40. When not entitled to promotion. If a scholar is found to be so deficient in the common branches that he is unable to take the work in a class more advanced, without detriment to the class and to himself, it is plain that he may be classified in each branch where he is likely to receive the greatest good. The penalty for not pursuing a suitable course of study will be found in the fact that such scholars may be denied promotion, and may not be allowed to graduate. 41. Aids and apparatus. In connection with the course of study, the board should designate the teaching helps and apparatus to be used, and should also arrange to furnish such appliances as soon as they are needed. 42. Compulsory attendance. Sections 2823-a to 2823-i. 43. Power to make a rule — how determined. While the review of the action of a school board with reference to a matter within its jurisdiction is by appeal to the county superintendent, yet the question as to whether the board had power to make the rule can be reviewed by the court in a mandamus proceeding. 129 Iowa, 441. 44. Expulsion of scholar — dismissal of teacher — enforcement of regula- tions. Section 2782. See. 2773. Schoolhouse site — division of district — length of school. It may fix the site for each schoolhouse; taking into consideration the geographical position, number and convenience of the scholars, pro- vide for the fencing of schoolhouse sites, determine the number of schools to be taught, divide the corporation into such wards or other divisions for school purposes as may be proper, determine the particular school which each child shall attend, and designate the period each school shall be held beyond the time required by law. Every school shall be free of tuition to all actual residents between the ages of five SCHOOL LAWS OF IOWA 59 and twenty-one years, and each school regularly established shall con- tinue for at least twenty-four weeks of five school days each, in each school year commencing the first of July, unless the county superin- tendent shall authorize the board to shorten this period in any one or more schools, when in his judgment there are sufficient reasons for so doing. No school shall be in session during the time of holding a teachers' institute except by written permission of the county super- intendent. [31 G. A., ch. 136, § 8; 19 G. A., ch. 172, § 21; 17 G. A., eh. 54; 15 G. A., ch. 57; C. '73, §§ 1724, 1727, 1769; R., §§ 2023, 2037.] Notes: 1. Power to locate school site. The power to locate site for sohoolhouses is vested, originally, exclusively in the board. This authority should be exercised with great care and without prejudice. The electors may not definitely limit a board by vote or instructions. If, however, taxes or bonds have been voted to build upon a particular site, the board may not disregard such vote. 100 Iowa, 317. Decisions, 20, 29, 39. 135 Iowa, 95. 2. Change of site. The directors of a school township have the power under code, section 2773, to change the site of a schoolhouse without author- ity by vote of the electors of the district. 123 Iowa, 199. 135 Iowa, 95. 3. Expediency of removal. The expediency of removal cannot be con- sidered upon an application for injunction; nor will the action of the board be considered on a simple allegation that it was surreptitiously taken in the absence of a statement of facts upon which the complaint was based. 123 Iowa, 199. See also Kinney v. Howard, 133 Iowa, 94. 4. Removal of schoolhouse. The removal of a schoolhouse to another site within the same subdistrict is entirely within the control of the board, and a vote of either the electors of the subdistrict or of the school township will be only suggestive. 81 Iowa, 335. 5. Wishes of electors considered. The wishes of the people, for whom the house is designed, should be consulted as far as practicable, taking into account prospective as well as present needs of all the people of the district. Decisions, 2 0, 24 and 70. 6. Reasonable distance. There is nothing in the law fixing a standard as to what is to be considered a reasonable distance for children to travel to school. Attendance in an adjoining district under such circumstances as to secure the payment of tuition to the adjoining district is governed by the provisions of section 2803. Decisions, 96. 7. Removal of schoolhouse from subdistrict. The removal of a school- house from the subdistrict must be first ordered by the electors, at the town- ship meeting. Decisions, 15. 8. Site on highway. There are many obvious reasons why a schoolhouse site should not be located away from the highway. It is highly desirable that the necessary highways to a new site should be open before a schoolhouse is placed upon such site. 9. Suggestive votes not mandatory. A vote of the electors upon matters which by the law are to be determined by the board, is not binding upon the board, but is only suggestive to it. In such matters the board will still be left free to exercise the large discretion vested in it by the law. 81 Iowa, 335. 10. Removal in case of change in district. As a change of boundaries between subdistricts does not take effect until the organization of the new board elected in March following the change, the board may not move the schoolhouse to accommodate the proposed new conditions until after that time. 11. Should own sites. If possible, the district should own the sites. A perfect title should be secured, and the warranty deed recorded, before com- mencing to build. The property should be conveyed to the district in its corporate name. The deed should be recorded and afterwards filed with the president. Form 26. > 60 SCHOOL LAWS OF IOWA 12. Abstract. The title to property whicli school boards acquire is sub- ject to the reversal of the action of the board. 135 Iowa, 122. In pur- chasing the grounds for schoolhouse purposes the president should require an abstract of title and satisfy himself that the property is free from in- cumbrance. 13. Public square as site. A public square, of a town located wholly within an independent district, may be transferred to such district for school purposes. Code, sections 931-932. 14. Size of rural site. A rural site should contain not less than one acre of ground, ordinarily, and this exclusive of highway. In consolidated cor- porations (section 2794-a) and school townships owning but two sites, not to exceed four acres may be acquired. Section 2814. 15. When section 2814 does not apply. The provisions of section 2814 do not apply when the site is purchased. 16. Number necessary. The law does not provide the number to be accommodated by a new house in order that one may be built. Decisions, 55. 17. More than one schoolhouse. There is nothing in law to prevent the erection of more than one schoolhouse in a subdistrict. 69 Iowa, 533. De- cisions, 55. 18. Fencing school site — ^mandatory. Sections 2745-a and 2745-b. 19. Lawful fence. Section 2367 of the code defines a lawful fence. The same section provides that a partition fence may be made tight by the party desiring it. 20. Fence viewers. Any question upon which there is a difference of opinion between parties should be submitted to the township trustees, who act as fence viewers, and determine matters in controversy. Section 2367. 21. No holidays. There are no holidays during which teachers are ex- empted by the law from teaching, unless excused by the board. A legal con- tract requires twenty days of actual service for a month. 22. Legal holidays. In this state, by common consent and universal custom. New Year's Day, Memorial Day, Fourth of July, Labor Day, Christmas and any day recommended by the governor or the president as a day of thanksgiving, are observed as holidays. 23. Board may allow holidays. It is the commendable custom with very many boards to allow teachers and scholars the so-called holidays, and to pay the teachers as if those days had been taught. 24. Visiting other schools. There is no provision of law giving teachers time to visit other schools. Boards often grant teachers this privilege, under proper restrictions. 25. Teacliing on Saturday. By consent of the board, an occasional Sat- urday may be taught. But as five days are a school week, the practice is not to be commended. 26. Effect of custom. If no action has been taken by the board and the contract contains no provision relating to the matter, the custom prevailing in that school will probably govern as to the matter of beginning and closing school sessions, intermissions, and other like particulars. It is well for the board and the teacher to have an agreement in matters of this kind. 27. School day — length. While the written law does not specify the length of a school day, almost universal custom has made it six hours. The board has the power to shorten or lengthen this time somewhat if thought best. If no action has been taken by the board, and a contract contains no provision relating to the matter, the custom prevailing in the district will probably govern. 28. Night school — extra compensation. It is within the power of the board to maintain a night school. No person may receive pay from the funds of the district for giving instruction outside of the school hours fixed by the board nor for teaching without a certificate. Section 2788. 29. Number months of school. As regards the length ofl time during which schools are to be taught, twenty-four weeks is the minimum. Above this it is entirely within the discretion of the board to determine the number SCHOOL LAWS OF IOWA 61 of months of school, the time when schools begin, the length of term, and the time and length of vacations. The maximum is unlimited, except as by section 2806, limiting the amount of taxes for contingent and teachers' fund. 30. Amount of school. The regular schools of the district should be kept in session an equal number of months, unless the time is shortened or the school closed with the consent of the county superintendent. 47 Iowa, 11. 31. Attendance — how determined. Attendance is not necessarily governed by subdistrict lines. Usually and naturally in school townships the subdis- trict will form a suitable division for attendance. The board may determine what school in the township children shall attend, without regard to the boundaries of subdistricts. 32. Subdistrict — voting. Subdistrict lines determine who may vote for director of the subdistrict, and also fix the limits of taxation, if the voters of a subdistrict vote a schoolhouse tax upon the subdistrict. 33. Paupers — attendance tuition. Poor children, when cared for at the poor-house, shall attend the district school for the district in which such house is situated, and a ratable proportion of the cost of the school, based upon the attendance of such poor children to the total number of days' attendance thereat, shall be paid by the county into the treasury of such school district, and charged as part of the expense of supporting the poor-house. Code, sec- tion 2249. 34. Board must provide school. If a board does not maintain a school and does not secure the release from the county superintendent, then any one legally interested may apply to a court for a writ to compel the board to per- form its duty in the matter and to supply school privileges. 35. More tlian one school. The board may establish more than one school when necessary for the accommodation of the children, subject to the limita- tions in section 2806. An additional school in a rented room continues dur- ing such time as the board may determine. Section 2774. 36. Salary determined by needs. Inequalities in the requirements may demand that varying prices should be paid as wages for different schools. Decisions, 24. 37. School year. The school year for school purposes should be regarded as beginning on the first day of July. The year for the reports closes June 30th. Sections 2757, 2765, 2769. 38. Who entitled to school — color. All the youth of the state from five to twenty-one years of age, irrespective of religion, race or nationality, are entitled to the same school facilities. While schools may be graded accord- ing to the proficiency of pupils, no discrimination, such, for instance, as re- quiring colored pupils to attend separate schools, can be enforced. 24 Iowa, 266. 41 Iowa, 689. Sec. 2774. Renting room — instruction in other schools — transporta- tion of children. It may, v^^hen necessary, rent a room and employ a teacher, vv^here there are ten children for whose accommodation there is no schoolhouse; and when the board is released from its obligation to maintain a school, or when children live at an unreasonable distance from their own school, the board may contract with boards of other school townships or independent districts for the instruction of children thus deprived of school advantages, in any school therein, and the cost thereof shall be paid from the teachers' fund. And when there will be a saving of expense, and children will also thereby secure increased advantages, it may arrange with any person outside the board for the transportation of any child to and from school in the same or in an- other corporation, and such expenses shall be paid from the contingent fund. [21 G. A., ch. 124; 16 G. A., ch. 109; C. '73, § 1725.] 62 SCHOOL LAWS OF IOWA Notes: 1. Extra school. The board cannot provide an extra school for the accommodation of a less number than ten persons of school age. The board may, however, provide for their instruction in other school corpora- tions, and may, if necessary, provide for their transportation. Decisions, 111, 2. Appeal. From the action of the board with regard to an additional school, an appeal will lie to the county superintendent. If it is clearly shown to the county superintendent that the board abused its discretion in pro- viding or in refusing to provide such a school, he may on appeal reverse its action, and do what the board might have done. 3. Board may not be paid. The board of scholars may not be paid by the district. 4. Consent necessary. The board, before closing a school, should procure the consent of the county superintendent. Section 2773. 5. Appeal not mandamus. The remedy for one aggrieved by the action of a school board is to appeal to the superintendent and not mandamus. 136 Iowa, 573. See. 2775. Instruction as to stimulants, narcotics and poisons. 11; shall require all teachers to give and all scholars to receive instruction in physiology and hygiene, which study in every division of the subject shall include the effects upon the human system of alcoholic stimulants, narcotics and poisonous substances. The instruction in this branch shall of its kind be as direct and specific as that given in other essen- tial branches, and each scholar shall be required to complete the part of such study in his class or grade before being advanced to the next higher, and before being credited with having completed the study of the subject. [21 G. A., eh. 1.] Notes: 1. Scope. This study must begin in the lowest primary class. In what grade or class it shall be completed is to be determined by the board. 2. Methods of instrnctlon. The first three grades must be instructed orally, as the children are not old enough to use or comprehend a book. But this oral instruction must be outlined as a course, and adopted by each board. The portion assigned to each grade or class should be thoroughly mastered before more advanced work is entered upon. The work will be best accom- plished with the older scholars by the use of a suitable text-book, which it is the duty of every board to select and adopt. Many other harmful effects, very properly emphasied in public lectures, are not required to be taught in the class room. 3. Spirit of law observed. Teachers should be careful to give instruction in accordance with the spirit of the law. The law contemplates that the noxious effects upon the system of the user of any of the articles named shall be taught. 4. Tobacco — use of. The board may forbid the use of tobacco on the school grounds. 5. Total abstinence. It is not out of place to emphasize the truth that total abstinence is the only sure way to escape the evils arising from the use of alcoholic drinks and tobacco. 6. Cigarette habit. The alarming increase of the cigarette habit calls for united and aggressive action in removing from the growing boy as far as we can possibly do so, the temptation and opportunity to purchase tobacco. In this way value will be added to the instruction required to be given in all public schools as to the effects of narcotics. Section 5 005. 7. Co-operate with authorities. We urge upon all teachers to co-operate with the authorities and with all other persons in creating and fostering a sentiment favoring a rigid enforcement of the law regarding the sale or giving of tobacco to boys. Code, section 5005. 8. Mandatory. Every scholar must study physiology and hygiene, in- cluding the effects of stimulants and narcotics, until the outline upon that SCHOOL LAWS OF IOWA 63 branch, as adopted by the board, has been completed. The law does not mean that a scholar must necessarily study this branch continuously during his en- tire school life, unless the course of study adopted by the board so provides. 9. Responsibility of the board. A board cannot shift the responsibility by simply providing that teachers shall give instruction in this branch. It must provide for instruction in this subject in the course of study and see to it that the work is actually done by teachers as the law requires. 10. Duty of county superintendent. County superintendents should know that every teacher is complying fully with this statute, and any teacher fail- ing or refusing to teach as required, may not be permitted to continue in the work of teaching. 11. Enforcement. The proper remedy to secure an enforcement of these provisions, as of other mandatory requirements, is application to a court of law for a writ of mandamus. Code, section 4341. Sec. 2776. Higher schools — union schools. It shall have power to maintain in each district one or more schools of a higher order, for the better instruction of all in the district prepared to pursue such a course of study, and it may establish graded or union schools and determine what branches shall be taught therein, but the course of study shall be subject to the approval of the superintendent of public instruction; and it may select a person who shall have general supervision of the schools in any district subject to the control of the board. [C. '73, § 1726; R., §2037.] Notes: 1. Course of study. With its power to establish and maintain graded and higher schools, every board is invested with authority to prescribe a course of study in the different branches to be taught. Section 2 772. 2. Township high school. A high school, open to the older and more advanced scholars, may be advantageously established at some central point in the school township. 3. Co-operation. It is very desirable that boards, county superintendent, and teachers should work together in efforts to classify and harmonize the work to be done in the ungraded schools. Much may be accomplished by con- cert of action in carrying foi'ward some uniform method of classification and instruction. 4. Electors may not limit. The electors may not limit nor restrict the board to the adoption of a course of study including only such branches as the electors may name. Nor may the electors direct that a particular branch, or certain studies, shall not be taught. It is the province of the electors to de- cide what branches besides those named by the board, shall be included in the course of study and taught in the schools. Section 2749. 5. Graded or union school — meaning. The best use of the term graded or union school is that referring to a group of different schools or rooms con- taining scholars of varying ages and attainments, but divided by rooms and classes into sections in which each may do the best work and gain for himself the greatest good. Sec. 2777. Kindergarten department. The board may establish within any independent school district, in connection with the common schools, kindergarten departments for the instruction of children, to be paid for in the same manner as other grades and departments. Any teacher in kindergartens shall hold a certificate from the county super- intendent certifying that the holder thereof has been examined upon kindergarten principles and methods, and is qualified to teach in kin- dergartens. [26 G. A., ch. 38.] 64 SCHOOL LAWS OF IOWA Notes: 1. Instruction, below school age. It may well be doubted whether the board in any district may provide for the instruction of children below the minimum school age. The constitution of the state does not seem to contem- plate that public money shall be used to provide schooling for any below five years of age. Section 2773. 2. Ifind of license necessary. A teacher in a kindergarten department must be the holder of a kindergarten certificate. No other kind of certificate will authorize one to teach in such a department. Sec. 2778. Contracts — election of teachers. The board shall carry into effect any instruction from the annual meeting upon matters within the control of the voters, and shall elect all teachers and make all con- tracts necessary or proper for exercising the powers granted and per- forming the duties required by law. But the board may authorize any subdirector to employ teachers for the schools in his subdistrict. Con- tracts with teachers must be in writing, and shall state the length of time the school is to be taught, the compensation per week of five school days or month of four weeks, and such other matters as may be agreed upon, signed by the president and teacher, and filed with the secretary before the teacher commences to teach under such contract. [28 G. A., ch. 107; 22 G. A., ch. 60; C. '73, §§ 1723, 1757; R., §§ 2037, 2055.] Notes: 1. Duty of board. The law requires the board to make all con- tracts necessary to carry out any vote of the district, and the president to sign all contracts made by the board. Section 2759. Decisions, 111. 2. Erection of schoolhouse. It is the duty of the board to make contracts for the erection of schoolhouses, when the means have been provided by the electors. 3. Powers of electors limited. The electors frequently assume to exercise powers not granted them by the law. They have only such powers as are specifically named in the law. 4. Vote rescinded. A vote of the board may be rescinded, if matters have not become involved making such reconsideration impossible, such as the acceptance of a contract under the vote in question, or the filing of an appeal. 5. Power may not be delegated. The responsibility of choosing teachers may not be transferred to persons outside the board. They must all be elected by the board, except in school townships wherein the board may at its dis- cretion authorize any subdirector to employ teachers for his subdistrict. 6. Director as teacher. If a director desires to teach the school in his own subdistrict, he should first resign as director, because it would not only be unwise but contrary to public policy to permit a board of directors to con- tract in the name of the district with one of its own number. 78 Iowa, 37. 7. Dui-ation of contracts. Our supreme court has held "that an exam- ination of the statutes leads to the inevitable conclusion that the legislature intended such contracts to be limited in duration to the school year as deter- mined by the board of directors." 107 Iowa, 29. 8. Outgoing board without authority. The opinion last cited also makes it plain that no board of directors has the right, prior to the election and organization of the new board, to elect and contract with a teacher for the ensuing year. 9. Opinions on question of contract. The department of public instruc- tion should not be expected to give any opinion upon questions involving the validity of a contract. Such questions are for the courts. 10. Compensation of teachers. The board should grant a compensation to be paid the teacher according to the circumstances and requirements of each school. 11. Contracts. The law specifically requires that contracts with teachers must be in writing. Both boards and teachers should see that this require- SCHOOL LAWS OF IOWA 65 ment is complied with. When a contract has been signed the president should file the original with the secretary before the opening of school. The teacher should retain a duplicate of the contract. 12. Certificate may not be questioned. A board may not question nor discredit in any manner a valid certificate held by a teacher, but may demand proof of special attainments desired by it before engaging a teacher. 13. Contract — what included. All matters agreed upon should be incor- porated into the written contract. The law presumes that the written contract embraces the entire agreement of the parties. 52 Iowa, 130. 14. Common branches. Without special mention in the teacher's con- tract, it is understood that only the usual common branches and others In- cluded in the course of study for the school are expected to be taught. If it is desired that other branches shall be taught they should be designated in the contract or indicated in some manner. 15. Should produce certificate. The president should require the teacher to produce his certificate, which he should carefully examine before signing the contract. 16. Contract — damages for breaking. A teacher not permitted to com- plete the term according to contract is entitled to damages, the amount of damages being equivalent to the wages lost. Ill Iowa, 20; 110 Iowa, 314. 17. Added branches. To the branches adopted by the board, the electors of any district may add such other branches they deem best to have taught. Section 2749. 18. Non-English speaking pupils. It is the duty of our school authorities to provide for schools having non-English speaking scholars, the best instruc- tion available, in order that all the children may acquire rapidly a correct use of English, and become acquainted as soon as possible with the spirit and genius of our American institutions. 19. Relative — employment of. There is no provision of law to prevent the employment of a relative of a member of the board as teacher. 20. Contract in violation of law. A contract violating the terms of the law is wholly illegal and void, but the persons signing such contract may be held personally for its performance. 37 Iowa, 314. 21. Discharge of teacher. The law provides in section 2782 the manner in which a teacher may be discharged, and the board may not attempt to pro- vide any other method of terminating the contract. 82 Iowa, 686; 100 Iowa, 328; 110 Iowa, 313; 111 Iowa, 20. 22. Oral contract^ — enforcement of. Any person interested in having a verbal contract carried into execution may apply to a court for a writ of mandamus to compel the signing of the written contract. In this way all matters in controversy will be brought before a court in such a manner as to secure a speedy and conclusive determination of the different questions in- volved. Sec. 2779. Erection or repair of schoolhouse. It shall not erect a schoolhouse without first consulting with the county superintendent as to the most approved plan for such building and securing his approval of the plan submitted, nor shall any schoolhouse be erected or repaired at a cost exceeding three hundred dollars save under an express con- tract reduced to writing, and upon proposals therefor, invited by ad- vertisement for four weeks in some newspaper published in the county in which the work is to be done, and the contract shall be let to the lowest responsible bidder, bonds with sureties for the faithful per- formance of the contract being required, but the board may re.ject any and all bids and advertise for new ones. [C. '73, § 1723 ; R., § 2037.] Notes: 1. Plans — approval of. Before making a contract great pains should be taken to obtain the best possible plan for the building. On this 6 66 SCHOOL LAWS OF IOWA point the law requires consultation with the county superintendent. The written approval of the plan by the county superintendent should be secured. 2. Plans and specifications. In building a schoolhouse, It is important to secure plans of the building, with full specifications as to its dimensions, style of architecture, number and size of windows and doors, quality of ma- terials to be used, what kind of roof, number of coats of paint, of what ma- terial the foundation shall be constructed, its depth below and its height above the surface of the ground, the number and style of chimneys and flues, the provisions for ventilation, the number of coats of plastering and style of finish, and all other items in detail that may be deemed necessary. The plans and specifications should be attached to the contract, and the whole filed with the secretary. 3. Competitive bids. Contracts for the erection or repair of schoolhouses, or for material for the same, exceeding $300, cannot be entered into until proposals have been published at least twenty-eight days. 4. Lowest bidder. The board is sole judge as to what constitutes the lowest responsible bidder. If the contract is regular in other respects, a court would not be likely to interfere, although lower bids in amount were offered and rejected by the board. 5. Failure to contract— new bids. In case of failure to close the contract with the bid accepted under an advertisement, if it is desired to make a new attempt to contract, it will be necessary to advertise anew for bids. 6. Contract— terms of. Contracts must, in all cases, be made according to the instructions and directions of. the board, and after being made they should be reviewed by the board before any work is done. 7. Accepting work. When a schoolhouse is built or repaired under con- tract, the board should not neglect to examine the work carefully in order to determine that the contract has been fully complied with, before it directs the payment of money. 8. Rights of surety. The surety has the right to stand upon the terms of the original contract, and any material change therein without his con- sent, affecting the subject-matter of the contract even to a slight degree, will exonerate him. 50 Iowa, 9 8. 9. Amoimt of surety. The aggregate amount to which the sureties are required to qualify is double the amount of the bond required. Code, sec- tion 3 58. 10. A member should not be surety. As a rule it is unsuitable for a member of the board to become a surety for an officer of the board, or to appear as surety upon any other bond which is to receive the approval of the board. 11. In violation of law. Contracts made in violation of the terms of this section are illegal. Their fulfillment may be prevented by injunction. 12. 'No partnership. The district may not form a partnership in building a schoolhouse. But this does not prevent its receiving donations. 13. Exempted, District property is exempt from general taxation, from execution, from garnishment, and from mechanic's lien. 51 Iowa, 70. 14. Tax anticipated. When a schoolhouse tax has been voted, the board may anticipate its levy and collection and issue orders to build. Such orders may not bear a 'higher rate of interest than six per cent. 5 Iowa, 102. 15. Condemnation of schoolhouse. The local board of health has un- doubted right to condemn and close for use as a schoolhouse a building unfit for such purpose. Section 2 56 8. 16. Unappropriated funds— use. Any unappropriated schoolhouse fund in the district treasury may be used for the erection or repair of school- houses, at the discretion of the board, without action of the electors. 17. Lightning I'od. A lightning rod may be supplied as a part of a new house, and paid for from the schoolhouse fund. 51 Iowa, 432. 18. School buildings — delegating power. Under the statute making it the duty of the board of a school township to select the site, adopt the plans for the erection of the schoolhouse, and award the contracts for the building SCHOOL LAWS OP IOWA 67 thereof, the board cannot delegate such powers to a committee appointed by it. Kinney v. Howard, 133 Iowa, 94. Decisions, 111. 19. Indebtedness. Boards should not involve the district in an indebted- ness for tlie erection of schoolhouses by contracts and the issue of orders to exceed tlie amount voted by the electors, or of available sclioolhouse funds. 20. Transfer of funds. Unappropriated schoolhouse funds may be dis- posed of by the electors, under section 274 9, for improvements, such as fencing schoolhouse sites, providing wells, etc., or the same may be trans- ferred to either the teachers' or contingent fund, and the board is required to carry out the vote of the electors. 21. Contracts — damages for noncompliance — defense. A building con- tractor Avho undertakes to erect a building at a certain time of the year, and to do the work in a first class manner, will not be heard to say that defects therein are because of constructjon at that season. The inclemency of weather in no way relieves him of his contract. 22. Building contracts — abandonment — completion — architect's certifi- cate — liens. 125 Iowa, 2 27; 12.5 Iowa, 2 83. 23. Preventing performance of illegal contract. 78 Iowa, 37; 107 Iowa, 29; 117 Iowa, 694. 24. Confirmation of contract. 7 Iowa, 509; 50 Iowa, 100; 67 Iowa, 164; 116 lov/a, 27 5; 117 Iowa, 319; Richards vs. School township of Jackson, 132 Iowa, 612. See note 10, section 2783. Sec. 2780. Allowance of claims — settlements — compensation of offi- cers. It shall audit and allow all just claims against the corporation, and no order shall be draAvn upon the treasury until the claim therefor has been audited and alloAved; it shall from time to time examine the accounts of the treasurer and make settlements with him ; shall present at each regular meeting of the electors a full statement of the receipts had and expenditures made since the pi^eceding meeting, with such other information as may be considered important ; and shall fix the compen- sation to be paid the secretary and treasurer. But no member of the board shall receive compensation for official services. [C. '73, §§ 1732-3, 1738, 1813; R., §§ 2037-8; C. '51, §§ 1146, 1149.] Notes: 1. Examine contracts. It is the duty of the board to examine all contracts for the employment of teachers, the construction of school- houses, or for any other purpose, and to see that the stipulations have been complied with, before directing the payment of money thereon. 2. Pay monthly. The board may authorize the president and the secre- tary to draw warrants for the payment of teachers' salaries at the end of each school month, upon proper evidence that the service has been per- formed, but the order for wages for the last month should not be drawn until the report required by this section is filed in the office of the secretary. 3. Auditing — responsibility. If the board audits a claim and directs orders drawn, the officers of the board will be warranted in following the direction of the board, unless it is clearly manifest that an attempt is being made to violate a plain provision of law. The responsibility in such a case rests very largely with the board. 4. Financial statement. This section contemplates that a full report of the affairs of the district shall be made by the board at each annual meet- ing of the electors. This work appropriately devolves upon the secretary, unless the board designates otherAvise. When practicable the report may be published in a newspaper. See section 27 81. 5. Orders — when void. An order issued on a claim which has not been audited and allowed is void. 39 Iowa, 490. 6. Compensation. Only the secretary and the treasurer may receive^ com- pensation for the discharge of duties required by law. The evident intent 68 SCHOOL LAWS OF IOWA of the law is that no member of the board may receive pay out of the funds of the district for any work done for the district in any capacity whatever. 87 Iowa, 81. 7. Contracts with members. A court would be likely to hold a contract made with a member of the board, to be in violation of the law, contrary to public policy, and void. 87 Iowa, 81. 8. Must refuse to become a member. If a person desires to secure pay from the district there seems to be no other way than for him to refuse to become a member of the board, or if a member, to resign from the board. See notes 6 and 7 above. 9. Electors may not vote compensation. It is not within the power of the electors to vote compensation or remuneration of any kind to the members of the board or to officers of the board, for their official services. Nor may the board vote compensation to any member. 10. Official trust not delegated. The official trust of a member of the board may not be delegated. It is apparent that as there is no way in which a member may receive compensation for discharging official duties, he may not contract with another person to be paid from the district funds for performing the same services as a substitute for the member of the board. Kinney v. Howard, 133 Iowa, 94. Sec. 2781. Financial statement. It shall publish in each independ- ent city or town district tvs^o weeks before the annual school election, by one insertion in one or more newspapers, if any are published in such district, or by posting up in writing in not less than three conspicuous places in the district, a detailed and specific statement of the receipts and disbursements of all funds expended for school and building pur- poses for the year preceding such annual election. And the said board of directors shall also at the same time publish in detail an estimate of the several amounts which, in the judgment of such board, are neces- sary to maintain the schools in such district for the next succeeding school year. [C. '73, §§ 1734-5, 1756; R., §§ 2037, 2054; C. '51, § 1147.] Notes: 1. Statement. This statement should show in detail the receipts and expenditures for each fund, followed by an estimate of the amount re- quired for each fund, to maintain the schools for the ensuing year. 2. Items. The detailed and specific statement for the receipts and dis- bursements of all funds expended, should be sufficiently itemized to show the amount received from each separate source, and the amount expended for each particular purpose. 3. Purpose. This statement is for the information of the electors, but they should not vote upon the amount of tax to be levied for contingent and teachers' funds, as these amounts are determined by the board. Section 2806. 4. Publication. The board must have the statement published at least once in a newspaper, if one is printed in the district or have it posted in at least three public places. This publication should be made two weeks be- fore the annual school election. 5. Expense. The fee for printing the statement is fixed by law. Code, section 1293. 6. Minute details. In preparing the annual statement for publication, minute details of all the items need not be given. This would render it uselessly troublesome to prepare, and expensive to publish. Such general results and classified items as will enable the electors fully to comprehnd the procedings of the board, are all that the law requires. The statistics of the school may be added if the board thipks proper-, but the law does not require it. SCHOOL LAWS OF IOWA 69 Sec. 2782. Visiting schools — regulations — discharge of teacher — expulsion of scholar. It shall provide for visiting the schools of the district by one or more of its members and aid the teachers in the government thereof, and enforcing the rules and regulations of the board. It may, by a majority vote discharge any teacher for incom- petency, inattention to duty, partiality, or any good cause, after a full and fair investigation made at a meeting of the board held for that pur- pose, at which the teacher shall be permitted to be present and make defense, allowing him a reasonable time therefor. It may by a major- ity vote expel any scholar from school for immorality or for a violation of the regulations or rules established by the board, or when the pres- ence of the scholar is detrimental to the best interests of the school, and it may confer upon any teacher, principal or superintendent the power temporarily to dismiss a scholar, notice of such dismissal being at once given in writing to the president of the board. When a scholar is dis- missed by the teacher, principal or superintendent, as above provided, he may be re-admitted by such teacher, principal or superintendent, but when expelled by the board he may be re-admitted only by the board or in the manner prescribed by it. [C. '73, §§ 1734-5; R., §§ 2037, 2054; C. '51, § 1147.] Notes: 1. Visitation. A conscientious compliance with the requirements regarding visitation would greatly increase the efficiency of the schools. There are very many things that may be best ascertained by visiting the school, inspecting the work of the pupils, and conversing with the teacher. The teacher can accomplish the best results only when he is sure of hearty co-operation and support. 2. Power of board. Boards have entire control over the public schools of their district and the teachers employed therein. Sections 2745, 2772. 3. Rules and regulations. Rules and regulations governing teachers and scholars may be adopted and enforced by the board, as the best interests of the schools may seem to require. Decisions, 17 and 38. See notes 23 and 24, section 2772. 4. Termination of force of regulations. The force and effect of any motion adopted by the board does not terminate with a change of officers or members, but remains in force until repealed. 35 Iowa, 361. 5. Teacher as agent of the board. The teacher is the agent of the board, and rules made by him and enforced with either formal or tacit consent are in effect the rules of the board. 6. Jurisdiction of principal. If it is understood that the principal of a school has charge of other rooms besides his own, he has the same power in managing the children that is by law given to other teachers. Section 2776. 7. Privilege of the public schools conferred by statute. The privilege of of free instruction in the public schools is one conferred by legislative enactment, under constitutional direction, and the privilege is subject to legislative regulation. The right to attend school is not absolute, but is con- ditional upon compliance with the rules and the essential conditions. Sec- tion 2773. 8. Dismissal of pupils. A teacher may dismiss a pupil temporarily. Final disposal of the case, however, rests with the school board. 9. Responsibility of teacher. The teacher may be held responsible for the efficient discharge of every duty properly attached to his office, including the exercise of due diligence in the oversight and preservation of school buildings, grounds, furniture, apparatus, and other school property, as well as the more prominent work of instruction and government. 70 SCHOOL LAWS OF IOWA 10. Damage — liability of teacher. Parties doing damage to school prop- erty are responsible for the same. The teacher is bound to exercise reason- able care to protect and preserve school property, and failing to do so may be held liable for damages. Sections 2772-2778. 11. Corporal pimishmeut permitted. If the rules and regulations of the board do not provide otherwise the teacher has the right in proper cases to inflict corporal punishment upon refractory scholars. In the proper exer- cise of his authority, to maintain good order, and to require of all the scholars a faithful performance of their duties, the teacher is entitled to the support and co-operation of the board. 12. Kind of punishment. In the choice of a kind of punishment and in the selection of an instrument, as well as in determining the degree of pun- ishment to be administered, the teacher must exercise a sound discretion. 13. Punishment — a last resort. Corporal punishment is best reserved as a last resort and should be used only when it is believed that no other gentler measure will secure the reformation of the offender. Dismissal from school by the proper authority is a still more extreme remedy than corporal punishment. 45 Iowa, 248. 14. Schoolhouses — condition of. It is the duty of the board to see that schoolhouses are kept in repair, clean, and in good order for school use. Neither the teacher nor the scholars should be expected to scrub or wash out the schoolhouse. The light sweeping of daily use is often done by them on their own motion, but this cannot be required of the scholars, nor of the teacher unless he contracts to take special care of the house in such respects. 15. Cleaning schoolhouse. The board should have the schoolhouse cleaned as frequently as it needs such attention in order to keep it in good order for school use. No member of the board may receive pay for such work, but any other person may be paid from the contingent fund. 16. Janitor — teachers — pupils. Janitor work cannot be required of the teacher unless an agreement to do the same has been made a part of the contract, and neither the teacher nor the board may require that such work hall be done by the pupiils. If a scholar has made unnecessary litter in the schoolroom or about his seat he may be required as a punishment to sweep up the same. But this is quite another matter than doing the ordinary janitor work. 17. Janitor work — contract. Making fires and sweeping the school- room are not, properly, a part of the teacher's duties. In rural districts teachers frequently perform this labor as a matter of convenience and econ- omy. Those unwilling to do this work, or who expect to receive pay for it, should so stipulate when entering into the contract to teach. Section 2778. Decisions, 30. 18. Holidays. It is lawful and quite usual for a board to give teachers holidays and make no deduction from their wages. The teacher, however, may not claim it as a right. 19. Teacher entitled to compensation. If a teacher is at the schoolhouse at the proper time, and remains during school hours, he is entitled to pay therefor, according to his contract, whether scholars are present or not. 2 0. Epidemic- — closing school. As a rule it is highly undesirable to close a school on account of an epidemic but if the local board of health or the board of directors, closes a school on account of the presence of a con- tagious disease, or for like reason, the teacher is entitled to pay for such time according to his contract. 21. Damages for closing. When a school is closed for a short time, for causes beyond the control of the teacher, the courts will be likely to hold that the teacher is entitled to his pay according to the terms of his contract. Such cases are best settled by compromise between the parties. Note 16, section 2778. 22. Closing — loss made good. If the schoolhouse is destroyed, or the school is closed indefinitely by causes beyond the control of either party to the contract, the teacher being ready to comply with his part, can collect pay SCHOOL LAWS OF IOWA 71 according to contract. If said teachei- uses proper diligence to secure em- ployment at sometliing which he can do, and secures such employment, the district will pay him the difference between the amount received in his new work and the amount of his wages under the contract. In other words, his actual loss should be made good. Opinion of attorney general. 23. Duty to teachers. Teachers are entitled to the support and co-opera- tion of the board. It is alike due to the dignity of the board and the rights of the teacher that no one should be discharged except after thorough investi- gation and the clearest proof. If possible the teadher should be shielded from the stigma of discharge. 24. Dismissal of teacher — how. In the trial of a teacher, when it is sought to dismiss him, all the provisions of law must be strictly complied with. The board must allow the teacher to make a full defense, and the teacher may appear by attorney or otherwise, as he chooses. Decisions, 103. 25. Dismissal of teacher — for what. Boards may dismiss teachers only for good cause shown. In case the board passes an order to dismiss, the ma- terial reason therefor should be spread upon the record, for, while in case of contest, these reasons would not be conclusive against the teacher, the board would be estopped from presenting other reasons than those named in the record. Decisions, 86, 116. 26. Discharge of teacher — tender of new place. The tender of a new place is no defense where it did not appear that plaintiff could have accepted such new position without modifying the original contract. 110 Iowa, 313. 139 Iowa, 618. When it has been fully established that a teacher has been illegally discharged by a school board, he must perform or offer to perform his duties as teacher if he expects to collect salary. Park vs. Ind. School .Dist., 21 N. W., 567. 27. Board as accuser and judge. In a trial of charges against a teacher by the board of directors it was not objectionable on the ground that they were accusers rather than judges, and because of their prejudice, since they constitute the only tribunal authorized to try such charges. 113 Iowa, 236. 28. Tender of resignation — merely an offer. The tender of a resignation by a teacher, under contract to teach in a certain district, being a mere offer, is not binding on either party to the contract until accepted, and it may be withdrawn at any time before it is acted on by the district board. Ill Iowa, 20. 29. Retention of resignation not acceptance. The retention of a tender of resignation does not constitute an acceptance. Ill Iowa, 20. 30. Abandonment of contract. The filing of a tender of resignation is not an abandonment of contract. Ill Iowa, 20. 31. Discharge of teacher. Accepting a resignation that has been withdrawn is not a discharge as provided under section 2782. Ill Iowa, 20. 32. Hearing without notice — a nullity — second trial. 113 Iowa, 236. See also 52 Iowa, 587. 33. Refusal of board to reinstate immaterial. 113 Iowa, 236. 34. Date of hearing delayed by Injunction. 113 Iowa, 236. See also 110 Iowa, 652. 35. Teacher may appeal. When a teacher is unjustly dismissed, an appeal may be taken from the action of the board in dismissing him, but a suit at law must be brought, if he seeks to recover his pay upon the contract. The teacher should be paid only to the date of legal dismissal. 53 Iowa, 585; 100 Iowa, 328. 36. Action of board — weight of. The order of the board discharging or refusing to discharge a teacher is more largely a discretionary than a judicial act. In this, as in other matters, the very large discretionary powers of the board must be respected, and on appeal their conclusion may not be ques- tioned without the most convincing testimony. 3 7. Contract terminated by discharge. The contract with the teacher may be terminated by discharge after the investigation provided for in this sec- tion, by revocation of certificate, or by mutual agreement between the parties. 72 SCHOOL LAWS OP IOWA 38. Teacher — habits of. By universal consent, and certainly by the spirit of our school law, it is expected of teachers that they refrain from improper language, keep the Sabbath day with respect, and in every other way avoid practice or company that are demoralizing in their tendencies. 39. Dismissal — the only method. This section provides the only manner in which a teacher may be discharged, and the parties to the contract should not attempt to provide any other method of terminating the contract. A dis- charge by any other method is illegal. 82 Iowa, 686. 40. Certificate — attack of. The certificate being in the nature of a com- mission cannot be attacked collaterally. 41. Obligations — reciprocal. The obligations between the parties to a contract to teach are reciprocal. A teacher would have good cause to com- plain if a board desired to remove him because it had an opportunity to secure a better teachers. Yet in such case If an agreement can be made, anulling the contract, such arrangement would be legal. But the teacher may insist that the board keep its part of the contract in the same spirit that ■he intends to keep his part. The same is true if it is the teacher who desires to have the contract annulled. 42. Vaccination. The regulations of the state board of health require every person entering any public school to give satisfactory evidence of pro- tection by vaccination. Boards of directors and local boards of health also have the power to require all persons who desire to attend the public schools to furnish evidence of successful vaccination. 43. Exclude children — when. The board should exclude children coming from houses where there are contagious diseases, and may enforce the rule that children not vaccinated shall not be admitted until they conform to the regulation demanding such protection. 44. Government of schools. The board has full control in all matters relating to the government and welfare of the schools. A scholar subject to fits or spasms may be excluded from school by the majority of the board, if the presence of such scholar is thought to interfere materially with the progress of the school. Any one aggrieved by the exclusion of such scholar has the remedy to appeal to the county superintendent. See note 8, section 2804. 45. Comply and co-operate with board of health. It is the duty of every board of directors to co-operate with the local board of health in encourag- ing the vaccination of all school children not already protected by vaccina- tion. The board of directors may not compel vaccination, but the majority vote- of the board will exclude from the schools any one who will not comply with such reasonable rule of the board of health. 46. When parent objects. The board will be justified in refusing to per- mit the attendance of a child whose parent will not consent that the scholar shall obey the rules of the school. 31 Iowa, 562, and 50 Iowa, 145. 47. Right to attend. The right to attend school is not absolute, but is conditional upon compliance with the rules and regulations of the board. 48. Board may not adopt rule. A board may not adopt a rule which will deprive a child of school privileges, except as punishment for breach of discipline or an offense against good morals. 56 Iowa, 476. 49. Reasonable and proper rule defined. Any rule of the school, not subversive of the rights of the children or parents, or in conflict with hu- manity and the precepts of divine law, which tends to advance the object of the law in establishing public schools, must be considered reasonable and proper. 31 Iowa, 562. 50. Absent or tardy — rules concerning. It is competent for boards to provide by rules that pupils may be suspended from the schools in case they shall be absent or tardy a certain number of times within a fixed period, ex- cept for sickness or other unavoidable cause. 31 Iowa, 562. 51. Keeping child out of school. The parent has no right to interfere with the order or progress of the school by detaining his child at home, or by sending him at times that prove an annoyance or hindrance to others. 31 Iowa, 562. SCHOOL LAWS OF IOWA 73 52. Acts done out of school — jurisdiction of board. If the effects of acts done out of school hours reach within the schoolroom during school hours, and are detrimental to good order and the best interests of the pupils, it is evident that such acts may be forbidden. 31 Iowa, 562. 53. Expulsion of pupil — notice. The law does not require the board to give a scholar or his parents notice or chance for defense, before ordering his suspension or expulsion. The board has large discretionary powers. This is one of the matters wholly within its discretion. But it would be well for the board carefully to investigate the charges, before dismissing any scholar. Decisions, 3 8 to 107. 54. Suspension. Suspension is the separation of the scholar from the school for a limited time, and it may be either for bad conduct, for unneces- sary absence or tardiness, or as a sanitary measure. For good cause, a teacher may suspend without fixing the time, notice being also given at once to the board. 55. Time of suspension should be indicated. The period of time fixed by the board during which suspension or expulsion shall be in force, should be clearly indicated in the vote of the majority of the board, as spread upon the records. Conditions upon which earlier re-admission is provided for, may very properly be given in the same connection. 56. When presence detrimental. The true idea is to bring all within the salutary influence of the school, and to drive none out, but cases sometimes occur in which it becomes necessary for the board to protect the rights of the many by excluding a scholar whose presence and example are a constant menace to the successful progress of the school. 57. Depriving of recess. The teacher has control over scholars during school hours, subject to the regulations of the board. He may require a scholar to remain in his seat during recess as a punishment. However, it is not wise to deprive children to any great extent, of the exercise necessary to their physical well-being. If recess is denied it could be given later thus avoiding difllculty. 58. Control of pupils during intermission. The teacher has as full control over scholars during recess as at other times within the school hours fixed by the board. 59. Punishment. The teacher may, for the maintenance of his authority and the enforcement of discipline, legally inflict chastisement upon a pupil. The punishment should, however, be inflicted only for some deflnite offense which the pupil has committed, and the pupil should be given to understand what he is being punished for. 50 Iowa, 145; 45 Iowa, 248. 60. Oversight of pupils. Teachers should exercise watchful care and oversight as regards the conduct and habits of their scholars, not only during school hours, recesses and intermissions, but also within reasonable limits while they are coming to and returning home from school. 61. Teacher may dismiss. For good cause, a teacher niay dismiss a scholar from school work without fixing the time, and require him to leave the school premises, notice being also at once given to the director or to the president of the board. 62. Responsibility of teacher. The teacher is responsible for the dis- cipline of his school, and for the progress and deportment of his scholars. It is his imperative duty to maintain good order and require of all a faithful performance of their duties. If he fails to do so he is unfit for his position. To enable him to discharge these duties effectually, he must necessarily have the power to enforce prompt obedience to his requests. For this reason the law gives him the power, in proper cases, to inflict punishment upon re- fractory scholars. Decisions, 17. 63. Punishment adapted to offense. In applying correction, the teacher must exercise sound discretion and judgment, and should choose a kind of punishment adapted not only to the offense, but to the offender. Corporal punishment is a severe remedy, and its use should be reserved for the baser faults. Decisions, 17. 74 SCHOOL LAWS OF IOWA 64. Expulsion vs. corporal punishment. In 50 Iowa, 145^ the suggestion is made that expulsion by the board rather than severe corporal punishment by the teacher, is a good remedy in case of repeated and continuous violation of the rules, 65. Obedience essential. In the school as in the family there exists on the part of the children the obligation of obedience to lawful commands, subordination, civil deportment, respect for the rights of others, and fidelity to duty. These obligations are inherent in any proper school system, and con- stitute the common law of the school. Every scholar is presumed to know this law, and be subject to it, whether it has or has not been by the board placed in the form of written rules and regulations. 66. Power to make a rule — how determined. See note 43, section 2772. 67. Course of study — rules and regulations — ^temporary oflScers. See sec- tion 2772. 68. Compulsory attendance. Sections 2 82 3-a to 2823-i. 69. Appeal — wi'ongfulness of discharge determined. Note 2 9, section 2818. 70. Appeal — when necessary. Note 35, section 2818. Sec. 2783. Use of contingent fund — free text-books. It may pro- vide and pay out of the contingent fund to insure school property such sum as may be necessary ; and may purchase dictionaries, libra,ry books including books for the purpose of teaching vocal music, maps, charts and apparatus for the use of the schools thereof to an amount not ex- ceeding twenty-five dollars in any one year for each schoolroom under its charge ; and may furnish school books to indigent children when they are likely to be deprived of the proper benefits of school unless so aided ; and shall, when directed by a vote of the district, purchase and loan books to scholars, and shall provide by levy of contingent fund therefor. [30 G. A., ch. 115; 26 G. A., ch. 37; 25 G. A., ch. 34; 21 G. A., ch. 107; 19 G. A., ch. 149, § 1; C. '73, § 1729.] Notes: 1. Insuring property. This section confers upon all boards the right to insure school property, and this duty should not be neglected. Insur- ance of school property may be effected either in a stock or mutual company which is legally authorized to do business in the state. Code, section 1759. 2. Records and supplies. Purchase of records, dictionaries, apparatus and similar supplies for the use of the district may not be made by contract under section 2824, but all such articles will be bought under this section. Note 4 to section 2824. 3. Necessary' expenses. Definite provision should be made by the board for the usual necessary contingent expenses of the schools during the year, before contingent fund is taken to purchase any of the articles named in this section. Section 2768. 4. Patriotism. There can be no doubt that one of the purposes of the school is to teach patriotism to the children. The board may use available contingent funds to purchase a fiag to be used as apparatus in the schoolroom, on the school building, or upon the school grounds. 5. When not in session. A purchase of apparatus made with the consent of the board when not in session, is a clear violation of the law, but acceptance and retention of the benefits by the district may make it liable under the contract. 117 Iowa, 319; 117 Iowa, 694; 70 Iowa, 320; 13 Iowa, 555. 6. liiabillty of members. Members of boards giving orders for apparatus in their individual capacity assume personal responsibility and may thus ren- der themselves liable for payment as individuals unless it appears that the purchase was for the benefit of the school corporation. 117 Iowa, 319. 7. Prearrangement not binding. The members of a school board cannot, by a prearrangement or contract entered into when not in session, bind them- SCHOOL LAWS OP IOWA 75 selves afterwards to ratify or confirm a contract or engagement thus entered into. The distinction here is that while a board, in session, may ratify a contract made out of session, the members cannot individually bind them- selves to do so. 117 Iowa, 319. 8. Vi'vo text books. These provisions afford all districts the opportunity to supply free books, so that every indigent child may continuously enjoy the privileges of school. It is believed that if districts will take action in accord- ance with the spirit of the law, the percentage of attendance at school can be materially increased, and the usefulness of owr schools to all the children greatly enhanced. See sections 2836, 2837. 9. Purchase of supplies — warrant — when void. A warrant executed by the president and secretary of a school board without the authority of the rest of school board, in payment for school supplies contracted for by a ma- jority of the board (when not in session), is void. 117 Iowa, 319; 109 N. W., 1093. 10. Confirmation of contract. The defeating of a motion to refuse to accept supplies (order by a majority of the members of the board when not in session) was a confirmation of, and approval of the order. 117 Iowa, 319. See also 116 Iowa, 275; 7 Iowa, 509; 50 Iowa, 100; 67 Iowa, 164; 109 N. W., 1093. 11. Books, maps, apparatus, indebtedness. Section 2783, code 1897, per- mits a school board to charge the contingent fund with an indebiedness in ex- cess of the unappropriated money on hand, but the amount may not exceed twenty-flve dollars for each regular school. 118 Iowa, 540; 116 Iowa, 275; 117 Iowa, 319. Sec. 2784. Water-closets. It shall give special attention to the matter of convenient water-closets or privies, and provide on every schoolliouse site, not within an independent city or town district, two separate buildings located at the farthest point from the main entrance to the schoolhouse, and as far from each other as may be, and keep them in wholesome condition and good repair. In independent city or town districts, where it is inconvenient or undesirable to erect two separate outhouses, several closets may be included under one roof, and if out- side the schoolhouse each shall be separated from the other by a brick wall, double partition, or other solid or continuous barrier, extending from the roof to the bottom of the vault below, and the approaches to the outside doors for the two sexes shall be separated by a substantial close fence not less than seven feet high and thirty feet in length. [25 G. A., ch, 3.] Notes: 1. Provisions mandatory. This provision of the law requiring it to take special pains with regard to outbuildings is mandatory upon every board. A director may not refuse to carry into effect instructions from the board with regard to such a matter. And a board refusing to give attention to the subject risks a censure from a court if its failure or refusal to provide proper facilities as regards privies or water-closets is brought to the attention of a court. See also section 2822. 2. Defacing public property. If any person wilfully write, make marks, or draw characters on the walls or any other part of any church, college, academy, schoolhouse, courthouse or other public building, or on any furni- ture, apparatus or fixtures therein; or wilfully injure or deface the same, or any wall or fence enclosing the same, he shall be fined not exceeding one hundred dollars, or imprisoned in the county jail not more than thirty days. Code, section 4802. 3. Teacher's duty. Very much depends upon teachers to determine the manner in which this law is observed. A listless indifference, a half-hearted 76 SCHOOL LAWS OF IOWA activity, a want of confidence, will defeat the purpose of the law for the time at least. Serious consideration, a high-minded approbation of its intention, a courageous insistence upon its observance, together with untiring attention and frequent inspection, will make the law a continued success. No con- scientious teacher will be irresolute, when the Immeasurable interests involved are regarded. 4. May invoke assistance of peace ofllcers. Teachers should not hesitate to bring the case of persistent offenders to the attention of the board. As a last resort it may become necessary for the board to invoke the assistance of the peace officers. It sometimes happens that nothing less than a strong arm of the civil authorities is able to compel a respect for law, and a decent regard for the rights of others. No community may justly claim to be a moral people, who knowingly fail to guard and preserve the purity, the morals, and the health, of its children and youth. Sec. 2785. Duties of director — contracts. The board of directors of a school township may authorize the director of each subdistrict, sub- ject to its regulations, to make contracts for the purchase of fuel, the repairing or furnishing of schoolhouses, and all other matters necessary for the convenience and prosperity of the schools in his subdistrict. Such contracts shall be binding upon the school township only when approved by the president of the board, and must be reported to the board. Each director shall, between the first and fifteenth days of June in each year, prepare a list of the heads of families in his sub- district, the number and sex of all children of school age, and by the twentieth day of said month report this list to the secretary of the school township, who shall make full record thereof. The powers spe- cified in this section cannot be exercised by individual directors of inde- pendent districts. [31 G. A., ch. 136, § 9; C. 73, §§ 1753-5; R., §§ 2052-3; C. '51, §§ 1124, 1142.] Notes: 1. Powers — how exercised. It is a general statement that nearly all the powers of the director are to be exercised under the regulations of the board. Any person about to contract is bound to know what restrictions have been made, and should be governed accordingly. 2. Director — power of. The director is clothed with certain general pow- ers by this section, but these are to be exercised under the direction of the board. The board must instruct him, for example, as to the extent of repairs, and prices to be paid for same, and the amount and cost of fuel. 3. Powers jwssessed by officers. School officers are possessed of specially defined powers and should attempt to exercise no others, except such as arise by fair implication from those granted. 110 Iowa, 652. 4. Director may not contract. No director has authority to make a con- tract in behalf of the school township, except under specific instructions of the board. 5. Approval of contracts. All contracts made by the director must be approved by the board and signed by the president. 6. Liability of director. If a director intentionally violates law he becomes personally liable. 14 Iowa, 510; 17 Iowa, 155; 24 Iowa, 337; and 38 Iowa, 47. 7. Liability of agent. If an agent makes a valid contract without authority, he is himself bound thereby. 37 Iowa, 314. 8. Member may not receive compensation. It is a violation of law for a board to pay any member of the board for labor as a building committee, for attendance at meetings, or for any other service performed for the district whether official in character or not. Section 2780. 9. Member may not be employed at compensation. A member may not be employed by the board to oversee the building of a schoolhouse and re- ceive pay therefor, or to act in any like capacity for which he would be paid SCHOOL LAWS OF IOWA 77 from the funds of the district. Sucli engagement is contrary to public policy and clearly illegal. 7 8 Iowa, 3 7, and 87 Iowa, 81. 10. Approval of contract. It is the duty of the director to file any con- tract at once with the president of the board, who should submit the same to the board for approval. 11. Enumeration record. A record book containing the enumeration cor- rectly filled out will be of much assistance to the director each year. Form 32. 12. Where enumerated. Minor children at a state institution, or a private school, should be enumerated where their parents or guardians reside. 13. Failure to enumerate. The failure of a director to make the report, as required by this section, will reduce the semi-annual apportionments for the year, since they are made upon the enumeration of persons of school age. Section 2808. 14. Director report. In school townships the secretary should require the director of each subdistrict to make this report promptly, and should insist that it be made in writing, and certified to be correct. Directors in inde- pendent districts do not take the enumeration. 15. Wilful failure. A wilful failure or refusal on the part of the director to make the report to the secretary as required may be found by the courts to be a misdemeanor. Code, section 4904, and section 2822. 16. Duty of secretary. In case a director fails to make his annual report as required the secretary should at once collect the statistics necessary for a complete report. The board should insist on promptness in preparing this report, and then should give the secretary a suitable compensation for his labors. Section 2764, 2765. Sec. 2786. Industrial exposition. The board of any school cor- poration or the director of any subdistrict deeming it expedient may, under the direction of the county superintendent, hold and maintain an industrial exposition in connection with the schools of such district, such exposition to consist in the exhibit of useful articles invented, made or raised by the pupils, by sample or otherwise, in any of the departments of mechanics, manufacture, art, science, agriculture and the kitchen, such exposition to be held in the schoolroom, on a school day, as often as once during a term, and not oftener than once a month, at which the pupils participating therein shall be required to explain, demonstrate or present the kind and plan of the articles exhibited, or give its method of culture ; and work in these several departments shall be encouraged, and patrons of the school invited to be present at each exhibition. [15 G. A., ch. 64.] Sec. 2787. Shade trees. The board of each school corporation shall cause to be set out and properly protected twelve or more shade trees on each schoolhouse site where such trees are not growing. The county, superintendent, in visiting the several schools of his county, shall call the attention of any board neglecting to comply with the requirements of this section to any failure to carry out its provisions. [19 G. A., ch. 23.] Notes: 1. Trees should be planted. Trees should be set out on all school- house sites where good, thrifty shade trees are not already growing, whether such site was secured by purchase, by lease, by gift, or by condemnation un- der sections 2814, 2816. 2. Duty of county superintendent. County superintendents should not fail to call the attention of boards of directors to the provisions of this section. The annual Arbor Day affords a good opportunity for planting trees and otherwise improving the school grounds. 78 SCHOOL LAWS OF IOWA 3. Reporting. In reporting tlie number of shade trees on the school site, planted trees only should be reported. Section 2765. Sec. 2788. Teacher— qualifications. No person sliall be employed as a teacher in a common school which is to receive its distributive share of the school fund without having a certificate of qualification given by the county superintendent of the county in which the school is situated, or a certificate or diploma issued by some other officer duly authorized by law, and no compensation shall be recovered by a teacher for services rendered while without such certificate or diploma. [C. =73, § 1758; K., § 2062.] Notes: 1. Certificate necessary. The teacher must have a certificate during the whole term of school. He is not authorized to teach a single day beyond the period named in his certificate, nor to give instruction in any subject which he does not hold a valid credential to teach. In case of a violation of this section the county superintendent should promptly notify the oificers of the board. Section 2740. 2. Without a certificate. If a person is teaching without a certificate any one interested in a legal sense may apply to a court for a writ to prevent the board from continuing such instruction, and to restrain the board from paying for the same. 3. Illinois case. In an Illinois case a certificate was not obtained until the middle of the term. A new contract was entered into at that time to pay the teacher double wages for the remainder of the term. This was considered an attempt to do indirectly what there was no power to do directly, and there- fore the contract was held to be void, as was the original contract. 4. Supply— payment of. In case of the temporary absence of the teacher, from sickness or other cause, the place should be supplied with some one duly authorized to teach. The supply should be paid by the teacher whose place is filled, unless other provision is made, either by regulation or contract. 5. Rights of patrons. In case a person is employed or continued as a teacher in violation of law without a certificate, a resident of the district may sue out a writ of injunction restraining the person from teaching and the district from paying. Boards emplojang and paying such teachers are liable to prosecution under the provisions of the general statutes for misapplica- tion of funds. Code, sections 4904, 4906 and 2822. Sec. 2789. Keep register — ^report. Each teacher shall keep a daily register which shall correctly exhibit the name or the number of the school, the district and county in which it is located, the day of the week, month, year, and the name, age and attendance of each scholar, and the branches taught ; and when scholars reside in different districts separate registers shall be kept for each district, and a certified copy of the register shall immediately at the close of the school be filed by the teacher in the office of the secretary of the board. The teacher shall file with the county superintendent such reports and in such manner as he may require. [C. '73, §§ 1759-60; R., § 2062.] Notes: 1. Necessity of correct record. Every teacher uvould take great pains to keep the register required by this section very carefully, in order that the term report may be made out correctly. By doing so the secretary will be able to make his annual report with greater ease, and with added accuracy. All books and blanks necessary for keeping record of attendance and making reports to the board and to the county superintendent must be furnished by the board. 2. Term report. The teacher should file a complete and accurate copy of the daily register with the secretary immediately after the close of the term SCHOOL LAWS OF IOWA 79 or year. He is not entitled to final settlement until this is done. The secretary should insist on this report before drawing the warrant for the last installment of the wages. Without this report he cannot prepare his annual report as the law directs it to be made. The secretary should care- fully examine the report to see whether the record is complete in all re- spects. Form 34. 3. Comply with directions of county .superintendent. It is the duty of every board to see that the teachers comply strictly with all requirements made by the county superintendent, as well as with all rules made by the board. Decisions, 56. 4. Board may require rejiorts. It is v/ithin the power of the board to require such reports from teachers as seem desirable for the information of the board. It may require reports weekly, monthly, by the term, by the year, or all of these together. It is the duty of teachers to comply with the regulations of the board, so far as it is within the power of the teachers to do so. 5. All teachers report. Every teacher in the county may be required to make such reports, agreeing with the spirit of the law, as the county super- intendent may request, in such form and at such reasonable time as the county superintendent may determine. 6. In case of refusal. The continued refusal to comply with all uniform and reasonable regulations made by the county superintendent, or by the board, on the part of any one employed as a teacher, constitutes good cause for revocation or subsequent refusal of certificate, or for dismissal by the board. Sections 2734-u, 2782. 7. Non-resident pupils. The record of attendance of non-resident pupils must be kept separate from that of those residing in the corporation. This does not mean that different books shall be kept. CORPORATIONS— ORGANIZATION— CHANGE OF BOUNDARIES See. 2780. New tov/nship. "When a new civil township is formed, the same shall constitute a school township, which shall go into effect on the first Monday in March following the completed organization of the civil township. The notices of the first meeting shall be given by the countv superintendent, and at su_ch meeting a board of three direc- tors shall' be chosen. [C. '73, § 1713.] Notes: 1. Purpose of the law. The design of the law is that civil and school township boundaries shall coincide as far as possible. Code, sections 551, 552 and 2743. 2. AVhen organized. A new school township is not organized until the month of March after an election of officers for the civil township. 3. Boundaries of subdistriots. The boundaries of subdistricts lying wholly within the old or new school townships are not affected by the division of civil townships. 4. When Fubdistricts are divided. When subdistricts are divided by changes in civil township boundaries, the boards should incorporate the sev- eral parts with other subdistricts, or otherwise provide for such territory, so that all entitled may vote at the following subdistrict election. In the absence of such action the territory properly belongs to the subdistrict which it adjoins, and the voters should be allowed to vote therein. Sec. 2791. Attaching territory to adjoining corporation. In any case Avhere, by reason of natural obstacles, any portion of the inhabi- tants of any school corporation in the .opinion of the county superin- tendent cannot with reasonable facility attend school in their own corporation, he shall, by a v/ritten order, in duplicate, attach the part thus affected to an adjoining school corporation, the board of the same 80 SCHOOL LAWS OF IOWA consenting thereto, one copy of wliieli order shall be at once transmitted to the secretary of each corporation affected thereby, who shall record the same and make the proper designation on the plat of the corpora- tion. Township or county lines shall not be a bar to the operation of this section. [C. 73, § 1797.] Notes: 1. Natural obstacles — what constitutes. The natural obstacle must be a large stream unbridged, an impassable slough, the entire absence of a public highway, or some such natural insurmountable difRculty. 2. Petition must allege obstacle. A petition which does not allege the existence of natural obstacles, and where, in fact, no such obstacles exist, is invalid. 62 Iowa, 616; 110 Iowa, 30. 3. What not obstacles. Streams well bridged and distance are not natural obstacles in the contemplation of the law. 4. Jurisdiction of county superintendent. As the county superintendent has original concurrent jurisdiction, an appeal cannot be taken from refusal by the board to accept the territory. 109 Iowa, 169. 5. Assets and liabilities. When the boundaries of districts are changed the territory transferred carries with it a just proportion of all assets and liabilities of the district from which it is taken. Section 2802; 58 Iowa, 77; 110 Iowa, 702. 6. Attaching territory, natural obstacle. Acting, under section 2791 a division made on petition which does not allege the existence of such ob- stacles and where, in fact, no such obstacles exist is invalid. 110 Iowa, 30; 109 Iowa, 169. Sec. 2792. Restoration, Where territory has been or may here- after be set off to an adjoining school township in the same or another county, or attached for school purposes to an independent district so situated, it may be restored to the territory to which it geographically belongs upon the concurrence of the respective boards of directors, and shall be so restored by said boards upon the written application of two-thirds of the electors residing upon the territory so set off or at- tached, together with a concurrence of the county superintendent and the board of the school corporation which is to receive back the terri- tory. [19 G. A., ch. 160 ; 18 G. A., ch. Ill ; C. '73, § 1798.] Notes: 1. Two methods. It will be noticed that two distinct and sep- arate methods are provided by this section. 2. When take effect. The restoration may take effect at any time agreed upon, but if no agreement is made, it will take effect the following March. 59 Iowa, 109. 3. Assets and liabilities. When the boundaries of districts are changed, the territory transferred carries with it a just proportion of all assets and liabilities of the district from which it is taken. 58 Iowa, 77. Section 2802. 4. Action on petition — mandamus. Where the law is mandatory in re- quiring a board to act upon a petition, the remedy for its refusal to do so is mandamus, and not appeal. 86 Iowa, 669. 5. How test. Any conflict between districts with regard to boundaries will be best determined by the one aggrieved asking a court to restrain the county treasurer from paying taxes to the other district, on the ground that the district complaining is entitled to receive said taxes. 10 Iowa, 617. 6. Restoration of territory. Code, section 2792, relating to severance (restoration) of territory of an independent school district, applies only to a restoration of territory attached to an independent district after its organiza- tion, and not to a portion embraced in the original district. Albin vs. Board of Directors, 58 Iowa, 77, reversed; 124 Iowa, 213. SCHOOL LAWS OF IOWA 81 Sec. 2793. Boundary lines changed. The boundary lines of con- tiguous school corporations may be changed by the concurrent action of the respective boards of directors at their regular meetings in July, or at special meetings thereafter called for that purpose. The cor- poration from which territory is detached shall after the change con- tain not less than four government sections of land, and its boundary lines must conform to the lines of congressional divisions of land. In the same manner, the boundary lines of contiguous school corpora- tions may be so changed that one corporation shall be included in and consolidated with the other as a single corporation. [34 G. A., ch. 142; 31 G. A., ch. 136, § 10; 22 G. A., ch. 62, § 1.] Notes: 1. County and township line not a bar. County and township lines are not a bar to a change of boundaries under section 2793. 2. New boards necessary. Whenever a change is made in the boundary between two school corporations, both corporations must elect entire new boards at the next regular annual election. See attorney general, report 1906, page 194. Note 22, section 2802. 3. Change in boundaries — time. A change in the boundaries of school corporations may be made at any regular meeting, and as there is no prohibition against changing such boundaries between the time of giving notice of the election of directors on the first Monday in March and the date of such regular meeting, and in as much as a date between March and July would be after the previous regular July meeting, such boundaries could legally be changed between such dates the same as any other time between the dates of the regular meetings, provided 'a special meeting is called for that purpose between such dates.'" Opinion of the attorney general, November 20, 1911. 4. Board members — when to take office. If such change in boundaries occurs between March 1 and July 1, the members in office would act until July 1, when the boards would proceed under new organizations just as though no change in boundaries occurred, until new boards have been regu- larly elected and duly organized in accordance with the change in boun- daries. Sec. 2793-a. Corporation limits changed. When the boundary line between a school township and an independent city or town district is not also the line between civil townships, such boundary may be changed at any time by the concurrence of the boards of directors ; but in no case shall a forty-acre tract of land, by the government survey, be divided ; and such subdivisions shall be excluded or included as entire forties. The boundaries of the school township or the independent dis- trict may in the same manner be extended to the line between civil townships, even though by such change one of the districts shall be included within and consolidated with the other as a single district. "When the corporate limits of any city or town are extended outside the existing independent district or districts, the boundaries of said independent district or districts shall be also correspondingly extended. But in no case shall the boundaries of an independent district be affected bv the reduction of the corporate limits of a city or town. [27 G. A.,'ch. 89.] Notes: 1. Township line a bar. If the boundary between an independent city or town district and a school township is also the line of a civil town- 6 82 SCHOOL LAWS OF IOWA ship, such boundary may not be changed under authority of section 279 3-a, but may be under section 2793. 2. Extension of corporate limits — effect. When the corporate limits of a city or town in an independent district are extended beyond tlie boundary of tlie school corporation, the boundary of the school corporation is thereby extended, regardless of the effect upon the territory of the adjacent school corporation. See 120 Iowa, 119. 3. Original incorporation— effects. The original incorporation as a town of territory embracing parts of several independent school districts has no effect upon the boundaries of the school district, but they continue the same as before the incorporation. 142 Iowa, 8. 4. New boards necessary. See notes 2, 3, 4, section 2 793, and 2 2, section 2802. Sec. 2794. Formation of independent district. Upon the written petition of any ten voters of a city, town or village of over one hundred residents to the board of the school corporation in which the portion of the town plat having the largest number of voters is situated, such board shall establish the boundaries of a proposed independent district, including therein all of the city, town or village, and also such con- tiguous territory as is authorized by a Avritten petition of a majority of the resident electors of the contiguous territory proposed to be included in said district, in not smaller subdivisions than entire forties of land, in the same or any adjoining school corporations as may best subserve the convenience of the people for school purposes, and shall give the same notices of a meeting as required in other cases, at which meeting all voters upon the territory included v/ithin the contemplated inde- pendent district shall be allowed to vote by ballot for or against such separate organization. When it is proposed to include territory outside the town, city or village, the voters residing upon such outside territory shall be entitled to vote separately upon the proposition for the forma- tion of such new district, by presenting a petition of at least twenty-five per cent of the voters residing upon such outside territory, and if a majority of the votes so cast is against including such outside territory, then the proposed independent district shall not be formed. [29 G. A., ch. 126, 19 G". A., ch. 118, § 1; 18 G. A., ch. 139; C. '73, §§ 1800-1; E., §§ 2097, 2105.] Notes: 1. Where reside. The one hundred residents must be contained within the limits of the town or village. Additional territory should be se- cured by the board in forming the new independent school district. 2. How number determined. The last official census will, as a general rule, be sufficiently accurate to determine questions relating to the popula- tion, but in case of doubt, the actual existing facts govern, which may be ascertained by any reliable means. 77 Iowa, 676. Code, section 177. 3. Must include. The contemplated independent school district must in- clude all of the city, town or village, and may include all contiguous terri- tory petitioned for. 110 Iowa, 652. Decisions, 105. 4. Board must act on petition. When the required petition is presented the law is mandatory upon the board to establish the boundaries and submit the proposition. 110 Iowa, 652. Decisions, 84, 105. 5. Determining boundary. The board may determine the boundaries of the proposed corporation, subject to the following: (1) All of the town or village must be included; (2) Territory not described in the petition may not be included; SCHOOL LAWS OF IOWA 83 (3) It is not necessary to include all territory described in the petition. 110 Iowa, 652. 6. Forinatiou of independent town districts — effect on districts from which territory is taken is immaterial. A portion of a rural independent dis- trict may be included with part of a school township and the new independent district formed under code, section 2794, although there remain in the inde- pendent district thus severed less than four sections of land, and in so con- struing said section it may be necessary to extend its provisions to include independent districts. 120 Iowa, 119. See also school township of Bloomfield vs. Independent District of Castalia, 112 N. W., 5. 7. Boundaries- — time as an element. Time does not settle the boundaries of an independent district so that they cannot be changed according to law. 120 Iowa, 119. 8. Electors determine desirability. It is for the electors and not the board to determine the desirability or necessity of the independnt organization. 110 Iowa, 652. 9. Conform to congi*essional divisions. When the boundaries extend be- yond the limits of a town or city, they must conform to lines of congressional divisions of land. Note 9 to section 2801. 10. Wliich board. The board of the school corporation in which a major- ity of the voters on the town plat reside, must establisb the boundaries of said district without the concurrence of any other board, even when said ter- ritory is taken from two or more civil townships in the same or adjoining counties. 41 Iowa, 30; 25 Iowa, 305. 11. Notices. The notices of the election to determine the question of a separate organization should state clearly the boundaries of the proposed district. 12. AVlio vote. All of the electors residing within the proposed limits must be permitted to vote on the question of separate organization. 13. Separate ballot. The electors residing an the territory to be included, but outside of the town or village, are entitled to vote separately on the proposition if they ask such privilege by petition, either to the board or to the judges of the election. 14. Desirability- — determined by. The desirability or necessity of the in- dependent district is for the people to determine and not the board. 110 Iowa, 652. 15. Judges. The president and secretary of the school corporation should act as chairman and secretary of this meeting, and with one of the board, as judges of the election. 16. Incorporation of town. The incorporation of a town does not in itself affect the school organization of the district in which the town may be situ- ated. However, it does change the method of choosing the treasurer. See sections 2754 and 2757. 17. Village — ^defined. Town sites platted and unincorporated shall be known as villages. Code, section 638. 18. Organization. Section 2795. 19. Effect upon adjacent corporation. The fact that the territory of an adjacent rural independent district from which territory is taken is reduced below four government sections does not affect the validity of the organi- zation. 120 Iowa, 119. 20. Concurrence not necessary. An independent school district may be formed from territory formerly composing two or more independent districts or an independent district and a school township without concurrent action of the boards of the districts out of which the new corporation is formed. 134 Iowa, 349. 21. Consolidated city districts — -organization of consolidated independent districts. See section 2820-e and 2820-h. See section 2794-a. 22. Judgment conclusive. A school township having once litigated to final judgment its rights against an independent district can not relitigate the same rights the simple expedient of bringing into the second action as de- 84 SCHOOL LAWS OF IOWA fendants members of the board of directors who are not necessary parties. 134 Iowa, 349. 23. Territory outside town. All territory outside the town is outside terri- tory. 128 N. W., 847. 24. Appeal the remedy. A court of equity can not inquire into the justice of boundaries that are fixed by new independent districts. The remedy for a party aggrieved is appeal to the county superintendent. 12 8 N. W., 847. CONSOLIDATED INDEPENDENT SCHOOL DISTRICTS Sec. 2794-a. Petition for — question submitted— organization com- pleted. When a petition describing the boundaries of contiguous ter- ritory containing not less than sixteen (16) sections within one or more counties is signed by one-third (1-3) of the electors residing in such territory, and approved by the county superintendent, if of one county, and the superintendent of each, if of more than one county, and by the state superintendent of public instruction if the county superintendents do not agree, and filed with the board of the school corporation in which the portion of the proposed district having the largest number of voters is situated, requesting the establishment of a consolidated in^ dependent district, it shall be the duty of said board, within ten (10) days to call an election in the proposed consolidated district, for which they shall give the same notices as are required in section twenty- seven hundred and forty-six (2746) of the code, and twenty-seven hundred and fifty (2750) of the supplement to the code, 1907, at which election all voters residing in the proposed consolidated district shall be entitled to vote by ballot for or against such separate organization. When it is proposed to include in such district a city, or town or village, the voters residing upon the territory outside the incorporated limits of such city, town or village shall vote separately upon the proposition for the creating of such new district. The judges of said election shall provide separate ballot boxes in which shall be deposited the votes cast by the voters from their respective territory, and if a majority of the votes cast by the electors residing either within or without the limits of such city, town or village is against the proposition to form a consolidated independent corporation, then the proposed corporation shall not be formed. If a majority of the votes so cast in each territory shall be in favor of such independent organization, the organization of the proposed consolidated independent school corporation shall be com- pleted by the election of a board of directors for said school corpora- tion, as provided in section twenty-seven hundred and ninety-five (2795) of the code, and when so organized shall not be reduced to less than sixteen sections, unless dissolved as provided by this act. No school corporation from which territory is taken to form such a con- solidated independent corporation shall, after the change, contain less than four government sections, which territory shall be contiguous and so situated as to form a suitable corporation. [34 G. A., ch. 143; 31 G. A., ch. 141.] Sec. 2794-al. Board to organize — when — tax levy. The organiza- tion of the school board in consolidated independent school corpora- tions shall be effected on or before the first day of July, following their SCHOOL LAWS OP IOWA 85 election, and, when completed, all taxes previously certified shall be void so far as the property within the limits of the consolidated independent school corporation is concerned, and the board of said consolidated in- dependent school corporation shall at a regular meeting or a special meeting called for the purpose, at any time prior to the third Monday in August of each year, levy for the general fund of said school the amount of all necessary taxes for all school purposes, which including the amount received from the semi-annual apportionment, shall not exceed thirty-two (32) dollars for each person of school age, the amount so levied to be certified by them to the county board of supervisors on or before the first Monday of September, in each year, and the board of supervisors shall levy said tax at the same time, and in the same manner that other school taxes are required to be levied. [34 G. A., ch. 143 ; 31 G. A., ch. 141.] Sec. 2794-a2. Transportation to and from school. It shall be the duty of the school board of anj'- consolidated independent school cor- poration and school township maintaining a central school to provide suitable transportation to and from school, for every child of school age living within said district, and outside the limits of any city, town or village, but the board shall not be required to cause the vehicle of trasnportation to leave the public highway to receive or discharge oc- cupants thereof. The board shall from time to time, by resolution regularly adopted, number and designate the route to be traveled by each conveyance in transporting children to and from school. The school board may require that children living an unreasonable dis- tance from school shall be transported by the parent, or guardian, a distance of not to exceed two miles, to connect Math any vehicle of transportation to and from school ; or may, in the discretion of the board, contract with an adjoining school corporation for the instruction of any child living an unreasonable distance from school, and they shall allow a reasonable amount of compensation for the transportation of children to and from the point where they are taken over, or discharged from the vehicle used to convey them to and from school, or for trans- porting to an adjoining district. In determining what an unreasonable distance would be, consideration shall be given to the number and age of the children, the condition of the roads, and the number of miles to be traveled in going to and from school. The board shall have the right on account of inclemency of the weather to suspend transporta- tion of any route upon any day, or days, when in the judgment of the said board it would be a hardship on the children, or when the roads to be traveled are infit or impassable. [34 G. A., ch. 143; 31. G. A., ch. 141.] Sec. 2794-a3. Transportation contracts — rules and reg-ulation. The school board of any consolidated independent school corporation shall contract with as many suitable persons as they deem necessary for the transportation of children of school age to and from school, such con- tract to be in writing and shall state the number of the route, the length of time contracted for, the compensation to be allowed per week of five school days, or per month of four school weeks, and may pro- 86 SCHOOL LAWS OF IOWA vide that two week's salary shall be retained by the board pending full compliance therewith by the party contracted with, and shall al- ways provide that any party or parties to said contract and every per- son in charge of vehicles conveying children to and from school, shall be at all times subject to any rules or regulation said board shall adopt for the protection of the children, or to govern the conduct of the per- son in charge of said conveyance. [34 G. A., ch. 143 ; 31 G. A., ch. 141.] Sec. 2794-a4. School 'building — location. It shall be the duty of the school board of any consolidated independent district to provide a suitable school building within such district, and shall at any regular meeting or at a special meeting called for that purpose submit the question of levying a tax for the building of any school building suitable for the needs of the district, or for the repairing of any school building where the cost of such repairs exceeds the sum of two thousand ($2,000) dollars to the qualified voters of said district, and all moneys received from such source to be placed in the school house fund of said corporation and to be used for such purposes only. In locating said building they shall take into consideration the geograph- ical position, number and convenience of the scholars, and may submit the question of location to the voters of the district at any regular or special meeting called for that purpose ; providing, that whenever a city, town or village containing a school population of twenty-five (25), or more, is included within any consolidated independent district, then said building shall be located within the incorporated limits of said city, town or village, on such site as the school board may determine. [34 G. A., ch. 143 ; 31 G. A., ch. 141.] " Sec. 2794-a5. Petition for dissolution — question submitted — disso- lution effected. Whenever a petition signed by one-third (1-3) of the electors in a consolidated independent school corporation asking that said district be dissolved, and describing the boundaries of the district, or districts, proposed to be organized out of the territory then included in such consolidated independent school corporation and having the approval of the county superintendent, if one county, and the superin- tendent of each, if more than one county, and by the state superin- tendent of public instruction, if the county superintendents do not agree, and filed with the board of said consolidated independent dis- trict, it shall be the duty of said board within ten (10) days to call an election for which they shall give the same notices as are required in section two thousand seven hundred forty-six (2746) of the code, and two thousand seven hundred fifty (2750) of the supplement to the code, 1907, at which election all voters residing within the district shall be allowed to vote by ballot for or against such dissolution. If a ma- jority of all votes cast at said election be in favor of dissolving the con- solidated district, same shall be dissolved and the organization of a new district or districts be forthwith completed by the election of a board of directors as provided by statute ; provided, however, that such dissolution shall become effective only when the reorganization of the territory included in the original consolidated district is completed. The assets and liabilities of any such school corporation thus dissolved, SCHOOL LAWS OF IOWA 87 shall be equitably divided as provided in section two thousand eight hundred two (2802) of the supplement to the code. 1907. [34 G. A., ch. 143; 31 G. A., ch. 141.] Sec. 2794-a6. Violation of rules and regulations — penalty. Any per- son driving, managing or in charge of any vehicle used in transporting children to and from school, in any consolidated independent school corporation, who shall be found guilty of violating any of the rules and regulations adopted by the board of said school, for the guidance of any person in charge of such conveyance, shall be guilty of a misdemeanor, and for the first offense shall be fined not less than five dollars ($5.00) or more than ten dollars ($10.00), and for a subsequent offense shall be fined not less than twenty-five dollars ($25.00) or more than fifty dollars ($50.00), and shall be dismissed from the service. [34 G. A., ch. 143 ; 31 G. A., ch. 141.] Sec. 2784-a7. In effect. This act, being deemed of immediate im- portance, shall take effect and be in force from and after the date of its publication in the Register and Leader and Des Moines Capital, newspapers published in the citv of Des Moines, Iowa. [34 G. A., ch. 143; 31 G. A., ch. 141.] Notes: 1. Petition approved. TTie petition should be submitted to the county superintendent before circulating. 2. Duty of superintendent. The county superintendent should exercise sound discretion, considering the effect of the change upon all concerned, both within and without the proposed new corporation. Sec. 2795. Organization. If the proposition to establish an inde- pendent district carries, then the same board shall give the usual notice for a meeting to choose a board of directors. Two directors shall be chosen to serve until the next annual meeting, two until the second, and one until the third annual meeting thereafter. The board shall organ- ize by the election of officers in the usual manner. [15 G. A., ch. 27 ; C. '73, § 1802; R.. §§ 2099, 2100, 2106.] Notes: 1. When organize. The first board will enter upon its duties as soon as qualified and will organize by choosing a president and a secretary. The term of office of the president will expire on the third Monday in the fol- lowing March, that of the secretary, on the first day of July following. In cities and towns a treasurer, to serve until the first day of the following July, will be chosen at the time the directors are chosen. 2. Certificate of organization. The secretary should immediately file with the county superintendent, auditor and treasurer, each, a certificate showing the officers of the board, and their postoffice address. All subsequent changes made in the officers of the board should be reported. Section 2766. 3. Officers — when qualify. The secretary and treasurer must qualify within ten days. Section 2760. 4. Record of organization. All proceedings connected with the organiza- tion of the new district should be recorded by the secretaries in the records of the districts from which territory is taken, so that the facts concerning its formation and organization may be readily obtained, in case the validity of the proceedings is ever questioned. 5. Division of assets and liabilities. As soon as the board of the new in- dependent district has been organized, it may join with the boards from which territory has been taken in making a division of the assets and liabil- ities. Section 2 802. 6. Validity of organization. See note 5, section 2743. 88 SCHOOL LAWS OF IOWA Sec. 2796. Taxes certified and levied. The organization of such independent distri-ct shall be effected on or before the first day of August of the year in which it is attempted, and, when completed, all taxes certified for the school township or townships of which the inde- pendent district formed a part shall be void so far as the property within the limits of the independent district is concerned, and the board of such independent district shall fix the amount of all necessary taxes for school purposes, including schoolhouse taxes, at a meeting called for such purpose at any time before the third Monday of August, which shall be certified to the board of supervisors on or before the first Monday of September, and it shall levy said tax at the same time and in the same manner that other school taxes are required to be levied, [C. 73, § 1804.] Notes: 1. When organization completed. This section is construed to mean that the organization contemplated must be made between January first and the first of August. This limitation as to time is directory only, and does not apply when an appeal is taken. 110 Iowa, 652. Decisions, 88. 2. Taxes. When a new independent school district is organized as pro- vided by this section, the board has authority to determine and certify all necessary taxes, for school purposes, for that year, including schoolhouse taxes. 3. Joint district — jui'isdlction. An independent school district composed of territory from two or more counties, belongs, for school purposes, to the county in which the school corporation, with whose board the petition for separate organization was filed and which conducted the elections for the organization of the new corporation, is located. Certificates of the teachers of such corporations must be registered with the superintendent of the same county. Sec. 2797. Rural independent districts. At any time before the first day of August, upon the written request of one-third of the legal voters in each subdistrict of any school township, the board shall call a meet- ing of the voters of the subdistrict, giving at least thirty days' notice thereof by posting three notices in each subdistrict in each school town- ship, at which meeting the voters shall vote by ballot for or against rural independent district organization. If a majority of the votes east in each subdistrict shall be favorable to such independent organization, then each subdistrict shall become a rural independent district, and the board of the school township shall then call a meeting in each rural independent district for the choice of three directors, to serve one, two and three years, respectively, and the organization of the said rural independent district shall be completed. [22 G. A., ch. 61.] Notes: 1. When taken. The vote upon the change may be taken at any time of year, but the organization cannot be completed between August and January. 2. Must carry in all. Unless each and every subdistrict in the school township gives a majority vote favoring the change in form, the township remains a school township. 3. ToAvn or village may organize. A single subdistrict may be organized independent only when a village, town or city is included. Section 2794. 4. Assets and liabilities. When the new boards are organized, they should meet as soon as possible, and make settlement of assets and liabilities, as directed by section 2 802, SCHOOL LAWS OF IOWA 89 5. One subdistrict may not. One subdistrict cannot be changed to a rural independent district unless all tlie subdistricts of the school township vote to become rural independent districts. 6. Validity of organization. See note 5, section 2743. Sec. 2798. Subdivision of independent districts. Independent dis- tricts may subdivide for the purpose of forming two or more indepen- dent districts or have territory detached to be annexed with other ter- ritory in the formation of an independent district or districts, the board of directors of the original independent districts to establish the boun- daries of the districts thus formed, such new districts to contain not less than four government sections of land each ; but in case a stream or other obstacle shall debar a number of children of school privileges, an independent district may be thus organized containing less terri- tory ; or, if such new district shall include within its territory a town or village with not less than one hundred inhabitants, it may in like manner be made up of less territory ; but in neither case shall the new district contain less than two government sections of land, nor be or- ganized except on a majority vote of the electors of each proposed district, and the proceedings for such subdivision shall in all respects be like those provided in the section relating to organizing cities and towns into independent districts, so far as applicable. [18 Gr. A., ch. 131; 17 G. A., ch. 133, §§ 1-4.] Notes: 1. Township lines not a bar. The provisions of this section apply to all independent districts, and civil township lines are not a bar. 2. Area. The amount of territory cannot be less than an equivalent of four government sections, unless the provision of this section apply. 3. When less than four sections. An independent district containing ter- ritory amounting to less than eight government sections may be divided into two independent districts, if an unbridged stream or other obstacle prevents a considerable number of scholars from attending school, or if one portion con- tains a village of not less than one hundred inhabitants. The district so formed must contain territory amounting to not less than two government sections, and a majority of the votes cast in each contemplated district must be cast for the division. 4. Minimum. When an independent district is subdivided under this sec- tion the one of the districts not formed in accordance with the exception made must have at least four sections. 5. Validity of organizations. See note 5, section 2743. 6. New boards necessary. Attorney general, report 1906, page 194; notes 2, section 2793, and 22, section 2802. Sec. 2799. Uniting independent districts. Independent districts located contiguous to each other may unite and form one and the same independent district in the manner following: At the written request of any ten legal voters residing in each of said independent districts, or, if there be not ten, then a majority of such voters, their respective boards of directors shall require their secretaries to give at least ten days' notice of the time and place for a meeting of the electors residing in each of such districts, by posting written notices in at least five public places in each of said districts, at which meeting the electors shall vote by ballot for or against a consolidated organization of said independent districts, and, if a majority of the votes cast at the election in each dis- 90 SCHOOL LAWS OF IOWA trict shall be in favor of uniting said districts, the secretaries shall give similar notice of a meeting of the electors as provided for by law for the organization of independent districts including cities and towns. [22 G. A., ch. 63, § 1; C. '73, § 1811.] Notes: 1. Vote separately, Tlie proposition to consolidate independent districts must be separately voted upon in each of the districts affected. Unless a majority of the votes cast at such election in each district is in favor of such consolidation, it fails. 2. Application, The provisions of this section also apply to rural inde- pendent districts. Opinion of attorney general, report 1902, page 161. 3. Times for elections. It is not essential for the consolidation of two school districts that the election in each district be held at the same time, as code section 2799, governing such elections, is only directory. 130 Iowa, 100. 4. Validity of orgaiiization. See note 5, section 2743. See. 2800, Rural independent districts united into school township. A township which has been divided into rural independent districts may be erected into a school township by a vote of the electors, to be taken upon the written request of one-third of the legal voters resid- ing in such civil township. Upon presentation of such written request to the township trustees, they shall call a meeting of the electors at the usual place or places of holding the township election, upon giv- ing at least ten days' notice thereof by posting three written notices in each rural independent district in the township, and by publication in a newspaper, if one be published in such township, at which meeting the said electors shall vote by ballot for or against a school township organization. If a majority of the votes cast at such election be in favor of such organization, each rural independent district shall be- come a subdistrict of the school township, and shall organize as such on the first Monday in March following, by the election of a director, notice of which shall be given as in other cases by the secretary of each of the rural independent districts, and the directors so elected shall organize as a board of directors of the school township on the first day of July following, unless that date falls on Sunday, in which ease on the day following. [31 G. A., ch. 136, § 11 ; 16 G. A., ch. 155 ; C. '73, §§ 1815-20.] Notes: 1. Who may act. The electors of any civil township which has adopted the rural independent school district organization, may vote upon the question of returning to the school township organization. 2. Petition- — to whom presented. The petition provided for in this section may be presented to the trustees and the vote ordered at any time of the year. When a proper petition is presented, the law makes it mandatory upon the township trustees to call and hold an election. 3. A school township meeting. The meeting held to determine the ques- tion of school township organization, is a township meeting; if the vote is in the affirmative, each and every rural independent school district in the township becomes a subdistrict of the school township. 4. Election of judges. The township trustees may act as judges of this election, but in their absence the electors assembled may choose a chairman and one or two secretaries to act as judges. 5. "When organization completed. The board of each rural independent school district will continue to act until the first day of July following the election, at which time a full statement of all assets and liabilities of the dis- trict should be reported to the board of the school township when organized. SCHOOL LAWS OF IOWA 91 6. Township as a single district. The first board of a school township formed from a township organized as a single rural district, will consist of three directors elected by the whole township. Section 2752. If this board chooses to subdivide the township it may do so. Section 2801. 7. Township meeting. The school township meeting is held on the second Monday in March, to vote the necessary schoolhouse taxes as provided in sec- tion 2749. 8. Authority of boards. Between the time of the election provided for and the first day of July following, the boards of the several rural independent school districts have authority to perform all necessary acts relating to the affairs of their districts, but they cannot incur any indebtedness, nor make any contracts, except such as may be necessary to maintain the usual schools of their districts. 9. Duty of secretary. Upon the organization of the school township, the secretary should file with the county auditor and treasurer a certified plat of the district, and report to the county superintendent, auditor and treasurer, the name and address of each officer of the new board. Section 2766. 10. Assets and liabilities. The school township receives all the assets and assumes all the liabilities of the several rural independent school districts. In case a rural independent school district has issued bonds or otherwise incurred an indebtedness, for the erection of a schoolhouse and the electors 'have failed to provide for the payment thereof, the board of the school town- ship has authority to apportion schoolhouse taxes for the payment of such indebtedness, from time to time, as justice and equity may require. Sec- tion 2813. 11. Validity of organization. See note 5, section 2743. Sec. 2801. Division of school township into siibdistricts. The board of any school township may by a vote of a majority of all the members thereof, at the regular meeting in July, or at any special meeting called thereafter for that purpose, divide the school township into subdistricts such as justice, equity and the interests of the people require, and may make such alterations of the boundaries of subdistricts heretofore formed as may be deemed necessary, and shall designate such sub- districts and all subsequent alterations in a distinct and legible manner upon a plat of the school toAvnship provided for that purpose, and shall cause a written description of the same to be recorded in the records of the school township, a copy of which shall be delivered by the secretary to the county treasurer and also to the county auditor, who shall record the same in his office. The boundaries of subdistricts shall con- form to the lines of- the congressional divisions of land, and the forma- tion or alteration of subdistricts as contemplated in this section shall not take effect until the first Monday in March thereafter, at which time a director shall be elected for nnv subdistrict newly formed. [31 G. A., ch. 136, ^ 12; 21 G. A., ch. 124; IG G. A., ch. 109; C. '73, §s^ 1725, 1738, 1796; k, § 2038.] Notes: 1. Compliance. All changes in subdistrict boundaries must be made in strict conformity with this section. 2. Vote necessary. Subdistrict boundaries can be changed only by af- firmative vote of a majority of all the members of the board. 3. When made. While this section provides that boards may change subdistrict boundaries at the regular meeting in July, or at a special meet- ing called for that purpose, it must be understood that such change cannot be made so late as to prevent the notices of election from being given at least five days previous to the subdistrict elections, as required by section 2751. Decisions, 52. 92 SCHOOL LAWS OF IOWA 4. Change of civil township — effect of. When nev^ civil townships are formed, the corresponding changes in school township boundaries take ef- fect at the next subdistrict election. Section 2790. 5. All territory in some coi-poration. All territory must be included within some school corporation, and all of a school township must be in- cluded in some subdistrict, when the territory is so subdivided. Decisions, 33. 6. Subdistrict not a corporation. A subdistrict is not a corporate body and has no financial claims, nor can it be held liable for debts, except as a part of the school township. Decisions, 13. 7. Redistricting. The board may discontinue or abolish any subdistrict by a readjustment of boundaries, and it may provide that there shall be no subdistricts and that the schools of the corporation shall be governed by a board of three directors chosen from the township at large. Section 2752. 8. County oflScers notified. It is especially important that the county auditor and treasurer be officially notified by the secretary, whenever any changes are made in the district boundaries, by the formation of independent districts or otherwise, to enable these officers to perform their duties in the levy of taxes, and the apportionment and disbursement of school funds. 9. Congressional divisions. By congressional divisions of land is meant those divisions authorized by congress in government surveys, of which the smallest is, in general, one-sixteenth of a section, or a tract of forty acres in a square form. Government lines, however, sometimes meander along streams and other bodies of water, and divisions of land are thus formed of less than forty acres. Decisions, 33. 10. Number necessary for new subdistrict. There is nothing in the law fixing the number of persons of school age necessary for a new subdistrict, nor is the exact amount of territory to be included determined by the law. 11. Entire corporation considered. When establishing subdistrict bound- aries the interests of the entire corporation must be considered. Decisions, 111. Sec. 2802. Changes of boundaries — division of assets and liabilities. When any changes are made in the boundaries of any school corpora- tion the new corporation shall elect a board of directors in accordance with the new boundaries, and such new boards shall organize as pro- vided in section twenty-seven hundred fifty-seven (2757) of this chap- ter. The boards of directors in office at the time the changes are made in the boundaries of the school corporation, shall continue to act until the boards of directors representing the newly formed districts have been duly organized, whereupon the new boards shall make an equit- able division of all assets and liabilities of the corporations affected; and, if they cannot agree, the matters upon which they differ shall be decided by disinterested arbitrators, one selected by each board having an interest therein, and if the number thus selected is even then one shall be added by the county superintendent, and the decision of the arbitrators shall be made in writing, either party having the right to appeal therefrom to the district court. [C. '73, § 1715; 31 G. A., ch. 136, § 13.] Notes: 1. Assets and liabilities. Assets include schoolhouses, sites and all other property and moneys belonging to the district. Liabilities include all debts for which the district in its corporate capacity is liable. In deter- mining the assets, school property should be estimated at its present cash value. 2. Assets- — apportionment of. The division of assets will relate to the schoolhouse and other property, moneys in all funds on hand, and uncol- lected taxes. The territory transferred carries with it such a part of the SCHOOL LAWS OF IOWA 93 assets and liabilities of the corporation to which it belonged as the assessed valuation of such territory is part of the assessed valuation of the property of the corporation. 3. Teachers' fund — apportionment. Any portion of the teachers' fund derived from the semi-annual apportionment, should be divided in propor- tion to the number of persons between five and twenty-one years of age, ac- cording to the last enumeration. 4. Schoolhouse — where belong. Schoolhouses will usually become the property of the district in which they are situated. If their value exceeds the amount justly due that district, and there is not sufficient schoolhouse fund on hand to equalize the division, the boards should fix the amount each district should receive or pay. 5. Equitable division desired. An equitable arrangement mutually sat- isfactory to the parties in interest will be in accordance with the intent of the law. Any agreement should be reduced to writing, and entered upon the records of each district. 6. Claim. The districts, after the division, which do not receive their just proportion of school house property, have a claim against those that do obtain more than a due share. The last are indebted to the first in the difference. 36 Iowa, 216. 7. Unpaid and delinquent taxes — apportionment. A simple and just method to dispose of unpaid and delinquent taxes, also of all funds in the hands of the county treasurer, is to direct the payment of these funds in such manner that taxes derived from any part of the territory shall be paid to the district to which such territory will then belong. 8. Recovery. If money is received which belongs to another, the rule is a general one that the law implies a promise on the part of the receiver to pay it over. Based upon this promise an action may be maintained for its recovery. 11 Iowa, 506; 80 Iowa, 495. 9. Injunction as a test. Any conflict between districts with regard to boundaries will be best determined by the one aggrieved asking a court to restrain the county treasurer from paying taxes to the other district, on the ground that the district complaining is entitled to receive said taxes. 10. Scope of the law. Section 2793 provides for a change of boundaries between adjoining independent districts and for consolidation. 11. Change of boundaries. If the boundary between an independent dis- trict and a school township is the line of the civil township, it cannot be changed, under section 2793-a, except there be an incorporated town, and then only by the extension of the corporate limits of such town. If the inde- pendent school district includes a portion of a civil township, the remainder of which is a school township, the boundary between the districts may be changed. 12. Concurrence — appeal. Where a change of boundaries between dis- tricts is desired, and one of the boards acts favorably, a petition may be presented to the other board to concur in that action, although it formerly may have refused to grant a similar petition. From the action of the latter board upon the request an appeal may be taken. 13. Initiatory — no appeal. No appeal can be taken from an action of the board taking the initiatory step, while it requires the concurrence of another board to complete the action. The concurrence or refusal of the second board is the order from which an appeal may be taken. Decisions, 49, 58. 14. Power of county superintendent. When an appeal is taken from the proper board, the county superintendent must affirm the action of one board or the other, but cannot himself modify the action of the board acting first. Decisions, 58. 15. Assets and liabilities. Territory transferred from one district to an- other carries with it an equitable proportion of the assets and liabilities of the district from which it is taken, the district accepting it becomes re- sponsible for such liabilities. 94 SCHOOL LAWS OF IOWA 16. Initiatory — -immatei-ial. It is not material which board takes the first action with regard to the transfer of territory. Usually it is desirable to secure the action of the board with regard to which there is no doubt, and afterward to endeavor to induce the other board to take the same action. If the board last acting takes an action different in kind it may be regarded as initiating a new order, which in turn must go to the other board for adoption or rejection. 17. Assets and liabilities— no appeal. An appeal to the county super- intendent will not lie from a joint action of the boards in making a settle- ment of assets and liabilities. Decisions, 80. 18. Vvho may demand. Demand for settlement and division of assets must be made by one authorized to make such demand upon one authorized to act. 110 Iowa, 702. 19. Arbitrators — mandamus. (When arbitrators have been appointed, mandamus will lie to compel them to act. 110 Iowa, 702. 2 0. Power of arbitrators. The arbitrators can consider only such assets and liabilities as existed between the districts at the time the new district was formed. 107 Iowa, 73. 21. Choice of arbitrators. When the respective boards of directors have met and failed to agree, mandamus may be maintained to compel a choice of arbitrators, but not to compel the making of equitable division. 68 Iowa, 486. 22. Change of boundaries. A change in the boundaries of school cor- porations may be made at any regular meeting, and as there is no pro- hibition against changing such boundaries between the time of giving notice of the election of directors on the first Monday in March and the date of such regular meeting, and inasmuch as a date between March and July would be after the previous regular dates the same as at any other time between the dates of the regular meetings, provided, a special meeting is called for that purpose between such dates. Opinion of attorney general, November 20, 1911. Sec. 2803. Attending school in another corporation, A child resid- ing in one corporation may attend school in another in the same or ad- joining county if the two boards so agree. In case no such agreement is made, the county superintendent of the county in which the child resides and the board of such adjoining corporation may consent to such attendance, if the child resides nearer a schoolhouse in the ad- joining corporation and one and one-half miles or more from any public school in the corporation of his residence. But before granting such consent the county superintendent shall give notice to the board where the child resides and hear objections, if any. In case such consent is given, the board of the district of the child's residence shall be notified thereof in writing, and shall pay to the other district the average tuition per week and an average proportion of contingent expenses for the school or room thereof in which such child attends. If payment is refused or neglected, the board of the creditor corporation shall file an account thereof certified by its president with the auditor of the county of the child's residence, who shall, at the time of the making of the next semi-annual apportionment, deduct the amount from the sum apportioned to the debtor district, and cause it to be paid to the cor- poration entitled thereto. [17 G. A., ch. 41; 16 G. A., ch. 64; C. '73, § 1793 ;R., § 2024; C. '51, § 1143.] Notes: 1. By agreement of boards. This section grants to all boards the power to agree upon terms of attendance. Such agreement should name the amount to be paid, if any, the time during which the stipulation shall be in force, and other matters. SCHOOL LAWS OP IOWA 95 2. Without agreement of boards. If scholars reside more than one and one-half miles from a school in their own district and nearer to a school in another district, which they desire to attend, application should first be made to both boards of directors; if the boards refuse to enter into an agreement, they may attend school in such district with the consent of the board of the district where they desire to attend and of the county super- intendent of the county in which the children reside. 3. Different townships. This section applies to districts in the same or in different civil townships or counties. 4. Purpose of law. What is sought by the law is to supply to every child advantages equal as nearly as possible with those afforded to the aver- age child. 5. When consent of both boards necessary. If scholars live nearer to a school in their own district, or less than one and one-half miles of one, they can attend school in another district at the expense of their own district, only by an agreement of both boards. 6. Consent of board necessary. In no case may scholars attend school in a district in which they do not reside, without the consent of the board thereof. 7. Wlien superintendent may act. The first three lines give the boards power to agree upon terms of attendance, without regard to the distance in the case. But advantage may not be taken of the remainder of the section unless all the provisions enumerated are fulfilled. 8. Distance — how determined. In determining distances to different schools the measurement must be made by the nearest public highway to each school. And if the person lives off the highway, the distance should be computed by the nearest and most accessible private way as usually traveled from the residence to the highway. 9. What is sought. What is sought to be determined is the actual dis- tance necessary to be traveled by the scholar. It may therefore sometimes be required to measure from the door of the home of the scholar to the door of the schoolhouse, in order to ascertain definitely the actual distance from school. 10. Must provide school. Every district is bound to provide school facili- ties for the children thereof; and children living in a school district in one county may attend school in an adjoining district in another county under the provisions of this section. 113 Iowa, 549. 11. Consent of county superintendent. In giving or withholding his con- sent, the county superintendent should consider all the circumstances, and when he has concurred or refused to concur, the matter is concluded for that time, as no appeal will lie. 12. Position of county superintendent. The position of the county super- intendent is somewhat similar to that of a disinterested arbitrator between the two boards. He should confer with both boards if possible and should take into account all the conditions of the case. 13. Superintendent should hesitate. If there is little difference in the distance, or if the schoolhouse of the scholar is only slightly in excess of a mile and a half, then the county superintendent should hesitate to concur, especially if it will weaken the funds or diminish the attendance at the home school so as to unduly impair its success. 14. Action is concurrent. The action of the board where the children desire to attend and of the county superintendent is a concurrent one. The two parties are thus supposed to have equal discretionary powers. 15. Collection of tuition. Collection of tuition cannot be made by ap- peal to the county superintendent, but such questions in controversy must be settled through the courts. 16. Notice. The notice referred to cannot be said to be officially trans- mitted unless signed by both the president and secretary. Payment for at- tendance can be collected from the district where the children reside, only from the date of such notice. Form 44. 96 SCHOOL LAWS OF IOWA 17. Term of. This notice holds only for the term, or such time as the county superintendent and board name in their written concurrent agree- ment. 18. Mailing, not notice. Depositing a letter in a postofflce without fur- ther proof that such letter reached the party addressed, is not a legal notice as required to secure payment of tuition. Code, section 3531. 19. Amount — how determined. The average proportion of tuition and contingent expenses for any number of scholars is found by dividing the amount expended for these purposes in the school where they have attended, by the total attendance in days, and multiplying the quotient by the num- ber of days said scholars have attended. 20. Average in graded schools. When scholars attend a graded school, the average tuition should be computed on the basis of the expenses of each pupil in the grade or room in which such scholars are placed; the average expense of contingent fund may be computed as a part of the whole con- tingent expense of such school. 21. Comply with law. Any other action than compliance with the abso- lute and explicit terms of the law, will render the collection of tuition diffi- cult and in most cases impossible. Decisions, 48. CHANGE OF BOUNDARIES — TIME. 22. A change in the boundaries of school corporations may be made at any regular meeting, and as there is no prohibition against changing such boundaries between the time of giving notice of the election of directors on the first Monday in March and the date of such regular meeting, and inas- much as a date between March and July would be after the previous regu- lar July meeting, such boundaries could legally be changed between such dates the same as at any other time between the dates of the regular meet- ings, provided "a special meeting is called for that purpose between such dates." Opinion of the attorney-general, November 2 0, 1911. If such change in boundaries occurs between March 1 and July 1, the member in ofiice would act until July 1, when the boards would proceed un- der new organizations just as though no change in boundaries occurred, until new boards have been regularly elected and duly organized in accord- ance with the change in boundaries. Sec. 2804. School age — nonresidents. Persons between five and twenty-one years of age shall be of school age. Nonresident children and those sojourning temporarily in any school corporation may attend school therein upon such terms as the board may determine. The parent or guardian whose child or ward attends school in any independent district of which he is not a resident shall be allowed to deduct the amount of school tax paid by him in said district from the amount of the tuition required to be paid. [C. '73, § 1795.] Notes: 1. Under school age. Children under five years of age would be more injured by the confinement than benefited by the instruction. They cannot claim the advantages of the school, and should not be allowed to at- tend. They may not be admitted to receive instruction even upon the pay- ment of tuition. 2. Over school age. Persons over twenty-one years of age are not entitled to attend the public schools, but they may be admitted upon such terms as the board deems proper. 3. Board determines residence. The board should be satisfied that the residence of the scholar in the district is actual before allowing free at- tendance. SCHOOL LAWS OF IOWA 97 4. Method of determining. In determining whether a person is entitled to attendance free of tuition, the board may take any impartial method of deciding the question. Decisions, 68. 5. Appeal. Any one aggrieved by an order of the board admitting, or re- fusing to admit, a scholar, has the remedy cf appeal. 6. Taxes not basis for attendance. Paying school taxes does not entitle non-residents to school privileges, but school taxes paid in an independent district shall be deducted from the amount of tuition required of a non- resident pupil. 7. Self-supporting minors. Young people who are making their own liv- ing should not be excluded from school privileges in the district Avhere they are at home. 8. Admission of pupil — mandamus. The action of a school board in deny- ing a pupil free admission to the schools on the ground of non-residence cannot be reviewed in a mandamus proceeding; the remedy is appeal. 124 Iowa, 355. Sec. 2805. Bible not excluded. The bible shall not be excluded from any public school or institution in the state, nor shall any child be required to read it contrary to the wishes of his parent or guardian. [C. 73, § 1764; R., § 2119.] Notes: 1. A suitable exercise. Our common schools are maintained at public expense, and the law contemplates that they shall be equally free to persons of every faith. A very suitable devotional exercise consists "in the teacher's reading a portion of scripture without comment, and the repetition of the Lord's prayer. 2. Teacher determines. Neither the board nor the electors may direct the teacher to follow a given course in respect to t)he reading of the bible in school. Each teacher will be guided by his own good judgment, re- stricted only by the provision that no child shall be required to read it contrary to the wishes of his parent or guardian, and such provision is not unconstitutional. 64 Iowa, 367. The wishes of his patrons may properly be given weight in aiding him to determine his action. 3. Regulation regarding religion. While moral instruction should be given in every school, neither this section nor the spirit of our constitution and laws will permit a teacher or board to enforce a regulation in regard to religious exercises, which will wound the conscience of any, and no scholar can be required to conform to any particular mode of worship. 64 Iowa, 367. 4. Moral instruction. Moral instruction tending to impress upon the minds of pupils the importance of truthfulness, temperance, purity, public spirit, patriotism, and respect for honest labor, obedience to parents and due defer- ence for old age, should be given by every teacher in the public schools. 5. Injunction. If a teacher gives religious instruction or teaches in the interest of any church or denomination, the board may be prevented from continuing or sanctioning such instruction, by injunction from the courts; and having ordered or countenanced this instruction, may be prevented in the same manner from paying such teacher from the public school funds. 6. Public funds may not be used. The diversion of the school fund in any form or to any extent for the support of sectarian or private schools is inadmissible and clearly in violation of our laws. 59 Iowa, 70. 7. Public funds may not be loaned. Public money shall not be appro- priated, given or loaned by the corporate authorities of any county or town- ship, to or in favor of any institution, school, association or object v/hich is under ecclesiastical or sectarian management or control. Code, section 593. Sec. 2806. School taxes. The board of each school corporatiou shall at its regular meeting in July, or at a special meeting called for that purpose between the time designated for such regular meeting and 7 98 SCHOOL LAWS OP IOWA the third Monday in August, estimate the amount required for the con- tingent fund, not exceeding seven dollars for each person of school age, but each school corporation may estimate not exceeding seventy-five dollars for each school thereof, and such additional sum as may be necessary not exceeding five dollars for each person of school age for transporting children to and from school ; and also such additional sum as may be authorized in the chapter on uniformity of text-books ; also such sum as may be required for the teachers' fund, which, includ- ing the amount received from the semi-annual apportionment, shall not exceed twenty dollars for each person of school age therein, but each corporation may estimate not exceeding two hundred and seventy dollars, including such apportionment, for each regular school therein. No tax shall be estimated by the board after the third Monday in August in each year. School corporations containing territory in ad- joining counties may vote and estimate all taxes for school purposes in mills. The board shall apportion any tax voted by the annual meeting for school house fund among the several subdistriets in such a manner as justice and equity may require, taking as the basis of such appor- tionment the respective amounts previously levied upon said subdis- triets for the use of such fund. [33 G. A., ch. 182 ; 31 G. A., ch. 136, § 14; 28 G. A., ch. 108 ; 15 G. A., ch. 67, § 1 ; C. 73, §§ 1738, 1777-8, 1780 ; R., §§ 2033-4, 2037-44, 2088.] Notes: 1. Specific sums certified. This section requires boards to cer- tify the specific sums necessary to be raised for teachers' and contingent funds to the board of supervisors, whose duty it is to estimate and levy the per centum necessary to raise the amounts so certified. 2. Joint districts certify mills. Districts formed from territory lying in adjoining counties, may vote and certify to the respective boards of super- visors the number of mills on the dollar required to raise the necessary school taxes. 3. Tax void. The general rule is that a tax estimated by the board after the third Monday in August is void. This renders it essential that boards certify taxes within the required time. 73 Iowa, 304. For exceptions see sections 2767, 2796, 3973. 4. Schoolhouse fund voted by electors. It is the rule that schoolhouse funds must be voted by the electors. Exceptions, sections 2767, 2796, 2811, 2813 and 3973. 5. Board determines amount necessary. It is wholly within the discre- tion of the board to determine the amounts required for the contingent and teachers' funds. 41 Iowa, 153. Any vote of the electors with reference to these amounts is only suggestive, and is not at all binding. 6. Limit of levy. This section limits the amount which may be levied for any one year, to fifteen dollars per scholar for teachers' fund, five dollars per scholar for contingent fund, and five dollars per scholar extra when necessary for transportation of pupils; but authorizes the levy of seventy- five dollars for contingent, and two hundred and seventy dollars for teach- ers' fund for each regular school, even if the levy thereby exceeds five and fifteen dollars per scholar, for these funds. When free text-books have been authorized, an additional amount not exceeding one and one-half dollars for each person of school age may be estimated for the contingent fund. Section 2825. 7. Maximum levy. If the amount of schoolhouse tax voted and certified by the board of directors in any one year exceeds the limit whicn tue board of supervisors is allowed to levy under the provisions of this sec- SCHOOL LAWS OF IOWA 99 tion, it is the duty of the board of supervisors to levy only the maximum amount authorized by law. Section 2807. 8. Apportionment of funds. The teachers' and contingent funds are not to he apportioned among the subdistricts, but levied uniformly on the tax- able property of the school township. 9. When not apply. The first provision in this section does not apply where a larger tax is required to meet the interest on valid outstanding bonds. 69 Iowa, 612. Section 2813. 10. Minimum levy. The second provision in this section was added for the relief of sparsely settled communities, in which five dollars per scholar for contingent fund and fifteen dollars per scholar for teachers' fund, is not adequate to maintain schools for the time required by law. 11. How compel secretary to certify. To determine conclusively whether it is the duty of the secretary to certify a tax supposed to have been voted by the voters, but with regard to which vote there is some doubt, an appli- cation to a court for a writ of mandamus or injunction, as the case may be, will secure a settlement of all questions involved. 12. A school corporation not a municipality. A school district is not a municipality within the meaning of chapter 62, section 14, laws of 1894 (code, section 2445) and cannot claim one-half of the mulct tax. 102 Iowa, 5. 13. When levy unnecessary. If the board finds a sufficient amount of teachers' fund and contingent fund on hand and in sight to support the schools for the current year, it may decline to certify any amount to be raised under this section. 14. Taxes — laches — estoppel. 123 Iowa, 55. 15. Taxes — ^recovery. 109 Iowa, 606. Sec. 2807. Levy by board of supervisors. The board of supervisors shall at the time of levying taxes for county purposes levy the taxes necessary to raise the various funds authorized by law and certified to it under this chapter, but if the amount certified for any such fund is in excess of the amount authorized by law it shall levy only so much thereof as is authorized by law. If a schoolhouse tax is voted at a special meeting and certified to said board after the regular levy is made, it shall at its next regular meeting levy such tax and cause the same to be forthwith entered upon the tax list to be collected as other school taxes. It shall also levy a tax for the support of the schools within the county of not less than one nor more than three mills on the dollar on the assessed value of all the taxable property within the county. [C. 73, §§ 1779-80; R., §§ 2057, 2059.] Notes: 1. Transfer. A board of review has no authority to transfer property from one school corporation to another for assessment. 108 N. W., 220. 2. Taxes — liability. Property in a school corporation at the time of the levy of a schoolhouse tax is liable for the tax, though not a part of the corporation at the time the tax was voted. 108 N. W., 528. 3. Excessive schoolhouse tax. The fact that the electors at their meeting voted a schoolhouse tax in excess of that which is legal to be levied in one year does not render the election void. See. 2808. Apportionment. The county auditor shall on the first Monday in April and the first Monday in October of each year, appor- tion to the school tax, togteher with the interest of the permanent school fund and rents on unsold lands to which the county is entitled as shown in the notice from the auditor of state, and all other money in the hands of the county treasurer belonging in common to the schools 100 SCHOOL LAWS OF IOWA of the county and not included in any previous apportionment among the several corporations therein, in proportion to the number of per- sons of school age, as shown by the report of the county superintendent filed with him for the year immediately preceding. He shall immediately notify the county treasurer of such apportionment and of the amount due thereby to each corporation. The county treasurer shall there- upon give notice to the president of each corporation, and shall pay out such apportionment moneys in the same manner that he is authorized to pay other school moneys to the treasurers of the several school districts. [32 G. A., ch. 151, § 3; 27 G. A., ch. 94; C. 73, §§ 1781-2, 1841; R., §§ 1966, 2060-1] Notes: 1. Warrant foi*. This warrant must be signed by the president and countersigned by the secretary, to authorize payment of the amount named therein upon presentation by the district treasurer. Form 16. 2. Basis of apportioninent — review. The auditor, in making the appor- tionment, performs a ministerial duty and is without authority to review the school census. Ill N. W., 943. Sec. 2809. Auditor to report. The county auditor, shall on the first Monday in January of each year, forward to the superintendent of public instruction a certificate of the election or appointment and qualification of the county superintendent, and shall also on the first day of January of each j^ear make out and transmit to the auditor of state, in accordance with such forms as said auditor may prescribe, a report of the amount of permanent school fund held by the county and also the amount of interest due prior to January first, still remain- ing unpaid, and shall file said report with the auditor of state on or before the first day of February. [32 G. A., ch. 151, § 2; C. '73, § 1783.] Notes: 1. Certificate of election. This certificate should be forwarded to the superintendent of public instruction as soon as the qualification and bond, properly approved, have been filed in the office of the county auditor. 2. What certificate should show. The certificate should in all cases certify to the qualification as well as the election or appointment of the county superintendent, for although he may be properly elected or appointed, yet he cannot be recognized until it is known that he has taken the necessary oath of office, and that his bond is approved. 3. In case of change. Whenever any change is made by resignation or otherwise, a certificate of the appointment and qualification of a successor should be immediately forwarded. Forms 37 and 38. Sec. 2810. Taxes paid over. Before the third Monday of January, April, July and October in each year, the county treasurer shall give notice to the president of the board of each school corporation in the county of the amount collected for each fund to the first day of such month, and the president of each board shall draw his draft therefor, countersigned by the secretary, upon the county treasurer, who shall pay such taxes to the treasurers of the several school boards only on such draft. He shall also keep the amount of tax levied for schoolhouse purposes separate in each subdistrict where such levy has been made directly upon the property of the subdistrict^ and shall pay over the SCHOOL LAWS OF IOWA 101 same quarterly to the treasurer of the school township for the benefit of such subdistrict. [C. 73, §§ 1784-5.] Notes: 1. Certify amount collected. It is the duty of the county treas- urer to notify the president of the board of each district, quarterly, of the amount collected for each fund and pay it to the district treasurer on the warrant of the president countersigned by the secretary. Form 39. 2. AVhen draft is drawai. Whenever a draft is drawn on the county treasury, it is the duty of the secretary to charge the district treasurer with the amount named in the draft, keeping a separate account with each fund. Section 2761. 3. Funds kept separate. The four funds — teachers', schoolhouse, con- tingent and school building bond fund — must be kept separate by the county treasurer, as directed in this section, to enable school officers to comply with the law in the discharge of their official duties. Sections 2761, 2762, 2768 and 2769. Form 39, 4. Division reported by county treasurer. The division of funds made by the county treasurer must be respected by the board, unless the electors direct schoolhouse funds unappropriated transferred to other funds. This is the only transfer provided for by law. Section 2749. Sec. 2811. Judgment tax. When a judgment shall be obtained against a school corporation, its board shall order the payment thereof out of the proper fund by an order on the treasurer, not in excess, how- ever, of the funds available for that purpose. If the proper fund is not sufficient, then, unless its board has provided by the issuance of bonds for raising the amount necessary to pay such judgment, the voters thereof shall at their annual meeting vote a sufficient tax for the purpose. In case of failure or neglect to vote such a tax, the school board shall certify the amount required to the board of super- visors, who shall levy a tax on the property of the corporation for the same. [18 G. A., ch. 132, § 6 ; C. '73, § 1787 ; R., § 2095.] Notes: 1. No order has preference. An ofder drawn under this section is not entitled to payment to the exclusion of other orders. 40 Iowa, 620. 2. Bonds to pay judgments. Judgment indebtedness may be converted into bonded indebtedness, but not beyond the constitutional limit. 3. Limit of indebtedness. See sections 2820-a to 2820-d. BONDS— INDEBTEDNESS Sec. 2812-b. Repeal. That chapter one hundred and forty (140) laws of the thirty-first general assembly, be and the same is hereby repealed and the following sections enacted in lieu thereof. [29 G. A., ch. 127; 28 G. A., ch. 142; 27 G. A., ch. 95; 21 G. A., ch. 95; 18 G. A., ch. 51, ^ 1, 3; 18 G. A., ch. 132, §§ 1-5; 16 G. A., ch. 121; C. '73, §§ 1821-2; 31 G. A., ch. 140; 32 G. A., eh. 152, § 1.] Sec. 2812-c. School funding bonds. The board of directors of any school corporation may issue the bonds of said school corporation to pay any judgment against said school corporation or any indebted- ness represented by bonds heretofore lawfully issued. Said bonds shall be known as school funding bonds and shall be authorized by resolution of the board. The proceeds derived from said bonds shall be applied in payment of any such outstanding judgment or bonded indebtedness, or said bonds may be exchanged for outstanding judg- ments or bonds, par for par. [32 G. A., ch. 152, § 2.] 102 SCHOOL LAWS OP IOWA Notes: 1. When issued. Bonds voted under the provisions of this sec- tion may be issued and sold as the necessities of the school corporation require. 2. Funding bonds. This section authorizes the board of directors of any school corporation to issue funding bonds without a vote of the electors, but the board cannot issue school building bonds without a vote of the electors. See section 2812-d. 3. Taxes — bonds. There is no intimate connection between the levy of taxes and an outstanding bonded indebtedness. The levy of taxes is not intended by the law to be considered as an outstanding indebtedness. The limit of bonded indebtedness is fixed by chapter 41, laws of 1900. The limit for levy of taxes by sections 2749, 2806-7, 2813. See 1306-b and 2820-a. Sec. 2812-d. School building bonds. For the purpose of borrow- ing money necessary to erect, complete, equip, furnish or improve a school house, or to purchase sites therefor, the board of directors of any school corporation, when they have been heretofore, or when they may hereafter be authorized by the voters at the annual meeting or at a special meeting called for that purpose, may issue the negotiable interest bearing bonds of said school corporation; said bonds to be known as school building bonds. [32 Gr. A., ch. 152, § 3.] Notes: 1. Valuation — tax lists. As indicating the valuation of the dis- trict, the tax lists may not be taken into account until after the levy of the taxes in September. 70 Iowa, 230. 2. Defeat of proposition — eflfect of. The fact that the vote for bonds was defeated will not prevent the board from calling another election at any time wheii it thinks best to do so. 3. Issue not mandatory. While a vote to issue bonds is regarded by the courts as somewhat in the nature of permissive authority to the board, yet a board may not attempt to defeat the wish of the voters clearly expressed. Decisions, 75, laws of 1897. 4. Compliance necessary. In the matter of issuing bonds, every legal re- quirement should be scrupulously adhered to, in order that not even the slightest irregularity may be urged against the validity of the bonds, when they come to be negotiated. 5. Rights of interested persons. If a board takes an action calculated to thwart the will of the voters, perhaps any person interested could secure from a court a writ directing the board to proceed in the line of fulfilling the expressed wish of the voters. Sec. 2812-e. Form — duration — ^rate of interest — where registered. All of said bonds shall be substantially in the form provided for county bonds, but subject to changes that will conform them to the action of the board providing therefor, shall run not more than ten years, except that in independent districts having, at the time of issuance of any bonds, other bonds outstanding amounting to not less than four hun- dred thousand dollars, any bonds in excess of such amount may in the discretion of the board be made to run for any period or periods not exceeding twenty years, and may be sooner paid if so nominated in the bond; be in denomination of not more than one thousand dollars ($1,000) or less than one hundred dollars ($100.00) each, to bear a rate of interest not exceeding five (5) per centum per annum, payable semi- annually, to be signed by the president and countersigned by the sec- retary of the board of directors, and shall not be disposed of for less SCHOOL LAWS OF IOWA 103 than par value, -nor issued for other purposes than this chapter pro- vides. All of said bonds shall be registered in the office of the county auditor. The expenses of engraving and printing of bonds may be paid out of the contingent fund. [ 33 G. A., ch. 83, § 1 ; 32 G. A., ch. 152, § 4.] Sec. 2812-f. Redemption — treasurer to keep record. Whenever the amount in the hands of the treasurer, belonging to the funds set aside to pay bonds, is sufficient to redeem one or more of the bonds which by their terms are subject to redemption, he shall give the owner of said bonds thirty (30) days' written notice of the readiness of the district to pay and the amount it desires to pay. If not presented for payment or redemption within thirty days after the date of such notice, the interest on such bonds shall cease and the amount due thereon shall be set aside for its payment whenever it is presented. All redemptions shall be made in the order of their numbers. The treasurer shall keep a record of the parties to whom the bonds are sold, together with their postoffice addresses, and notice mailed to the address as shown by such record shall be sufficient. [32 G. A., ch. 152, § 5.] Sec. 2813. Tax to pay bonds or money borrowed. The board of each school corporation shall, at the same time and in the same manner as provided with reference to other taxes, fix the amount of tax nec- essary to be levied to pay any amount of principal or interest due or to become due during the next year on lawful bonded indebtedness, which amount shall be certified to the board of supervisors as other taxes, and levied by them on the property therein as other school taxes are levied, but such tax shall not exceed five mills upon the dollar of the assessed valuation of such property for money borrowed for improvements. [27 G. A., ch. 95 ; 18 G. A., ch. 51, § 2 ; 18 G.A., ch, 132, § 6; C. 73, § 1823.] Note: It is the duty of the board to certify whatever amount is neces- sary to pay principal and interest on bonds. 69 Iowa, 612. SCHOOL SITES. Sec. 2814. Repeal — schoolhouse sites — acquisition. Any school cor- poration may take and hold so much real estate as may be required for schoolhouse sites, for the location or construction thereon of school- houses, and the convenient use thereof, but not to exceed one acre, exclusive of public highway, except in a city, town, or village it may include one block exclusive of the street or highway as the case may be ; or in districts consolidated under the provisions of section twenty- seven hundred and ninety-nine (2799) of the code, or chapter one hundred and forty-one (141) of the laws of the thirty-first general assembly, or in school townships holding not more than two sites, may consist of not to exceed four acres, for any one site, unless by the owner's consent, which site must be upon some public road already es- tablished or procured by the board of directors and shall, except in cities, towns, or villages, be at least thirty rods from the residence of 104 SCHOOL LAWS OP IOWA any owner who objects to its being placed, nearer, and not in any orchard, garden or public park. [32 G. A., eh. 153; C. 73, §§ 1825-6.] Notes: 1. Purchase. The board should, if possible, purchase a site. 2. Enlarging. A site of less than one acre may be enlarged to an acre. 3. Not include road. The acre authorized to be set apart may be so measured as not to include any portion of the highway. 101 Iowa, 556. 4. Thirty rods. The objection of an owner living within thirty rods on the opposite side of a site will not prevent an addition to the site on the side away from the residence, so as to include an entire acre. 5. Appeal. From an order of the board making a location of a site to be secured by condemnation, an appeal will lie the same as from any other order of the board. 6. Incumbered property. Property incumbered, occupied as a homestead, or belonging to minor heirs, may be taken under the provisions of this section. 7. Condemn. If the district cannot establish its claim to the school- house site, owing to the loss of the deed, or for other reason, and the owner refuses to sell or lease the site, the district may avail itself of the provisions of this and the following sections and secure a site not to exceed one acre. 8. When provisions do not apply. When purchased, the provisions of this section do not apply. The district stands in the same relation to the pub- lic and to individuals, in this respect, as do other corporations, and may purchase whatever amount of land may be necessary for school purposes. 9. Location. All sites taken under the provisions of these sections must be located on a public road, and at least thirty rods from the residence of the owner of the site so taken if he objects to its being placed nearer. A person not the owner of the land upon which the site is located cannot legally object if the site is located nearer than thirty rods from his resi- dence. In cities, incorporated towns, or villages, this prohibition does not apply. Decisions 86, School Laws 1892. 10. How measured. When a site is sought to be condemned, the distance of thirty rods mentioned in this section, is measured from the nearest part of the residence to the nearest part of the site, in a straight line. 11. Rebuild. Boards may rebuild on sites without consent of owners of residences within thirty rods. 12. Ten years' use. Under the Iowa statute of limitations, ten years' use of a highway by the public, under a claim of right, will bar the owner of the soil. 19 Iowa, 123. 13. Title by prescription. If the public, with the knowledge of the owner of land, has claimed and continuously exercised the right of using the same for a public highway, for a period equal to that fixed by the statute for the limitation of real actions, a complete right to the highway thereby be- comes established against the owner, unless it appears that such use was by favor, leave or mistake. 22 Iowa, 457. Code, section 3004. 14. When mortgaged. In case the land desired for a school site is under mortgage, the district may receive from the owner the lease of a portion not to exceed the authorized amount, to be held by the district as long as used for school pui^oses, and when no longer so user, to revert to the owner. 15. Title. If a district is in continuous possession under claim of own- ership for more than ten years, it becomes the absolute owner of the fee title. 93 Iowa, 45, and 94 Iowa, 676. 16. Include highways — when. When land is purchased for a site, it will include a part of the highway on which it is situated, unless otherwise stipu- lated in the deed. 17. Four acres. In consolidated corporations and school townships hold- ing not to exceed two sites, four acres may be acquired for a site. SCHOOL LAWS OF IOWA 105 Sec. 2815. Condemnation, If the owner of the real estate desired for a sehoolhouse site, or a public road thereto, refuses or neglects to convey the same, or is unknown or cannot be found, the county super- intendent of the proper county, upon the application of either party in interest, shall appoint three disinterested referees, unless a less number shall be agreed upon, who shall take and subscribe an oath to the effect that they will faithfully and impartially discharge the duties laid upon them, due notice having been given by the superintendent to the owner of the time and place of making the assessments of dam- ages as and for the length of time required for the commencement of actions in the district court; such referees shall inspect the grounds proposed to be taken, fix the damages sustained as near as may be on the basis of the value of the real estate so appropriated, and report in writing to the superintendent their doings and findings, which report shall be filed and preserved in his office ; and upon the amount found by the referees being deposited with the county treasurer, for the use of the owner, possession may at once be taken and the necessary building or buildings erected and occupied. From the assessment so made either party may appeal to the district court by giving notice thereof as in case of taking private property for works of internal improvement within twenty days after receiving notice of the award made. If such appeal is not takeu, the assessment shall be final; if taken, the board may proceed with the construction of improvements, of the deposit hereinbefore provided has been or shall be made. Upon such appeal the school corporation shall not be liable for costs unless tlie owner shall be allowed a greater sum than given by the referees; all costs in making the referees' assessment to be paid by the school corporation. [C. '73, § 1827.] Notes: 1. Service. If personal service cannot be made, the notice must be published in a newspaper. If the owner of the land lives in the county, notice must be served on him at least ten days before the time set for the assessnient of damages. If the owner or parties having an interest therein reside outside of the county and in the same judicial district, fifteen days' notice must be given. If outside of the judicial district but in the state, twenty days' notice. If parties live outside of the state, the notice must be published once a week for four conscutive weeks in some newspaper pub- lished in the county. Code, sections 3514-3544. Forms, 40, 41, 42, 43 and 44. 2. Oath to referees. The oath to the referees may not be administered by the county superintendent by reason of his office. Such oath may be administered by some one empowered in a general way to administer oaths. One referee may administer the oath to another referee. Code, section 393. A district may condemn a full acre of land. 101 Iowa, 556. 3. Opening road. If the land cannot be procured by contract, the road may be established in the same manner and by the proceedings provided for the establishment of highways, and when the damage has been assessed, the district may pay the same. Sections 1482-1517. Decisions, 81. 4. Lease — approvaL As a matter of safety, a lease should be executed in duplicate, one to be held by the secretary of the board, and the other by the lessor. The lease should be approved by the board, as in case of a contract, and should be filed with the secretary. 5. Notice of appraisal. Suflficient time must be allowed between the ap- pointment of this commission and the time set for appraising the damages to give the owner legal notice thereof. Code, sections 3517 and 3540. 106 SCHOOL LAWS OF IOWA 6. Compensation of referees. The referees are entitled to two dollars for each day's services, and ten cents per mile from their residence to the lo- cation of the property appraised. Code, sections 354 and 1290. 7. Holder of tax certificate. The holder of a tax certificate on property sought to be condemned is an owner in such sense that he is entitled to notice. 50 Iowa, 663. 8. When owner cannot be fovind. When the owner of land taken is un- known, or cannot be found, it is not necessary to print the report of ap- praisement, or to attempt other notice to said owner than the printed notice required by this section. It is suflicient for the county superintendent to send a certified copy to the board. 9. Possession — deposit. If the board has deposited with the county treas- urer the amount assessed by the referees in accordance with this section, we think the courts would hold that the district had come into possession of the site, or would be entitled to the use of the road. 10. Money deposited. The money deposited with the county treasurer should be held for the benefits of the owner of the fee, and not for the mortgagee. 11. Value of receipt. Since the receipt of the treasurer for the money deposited with him for the owner of the land, may be the only evidence of title, such a receipt should have a full description of the property, and should be recorded by the county recorder. 12. Deed not necessary. No deed or other instrument from the owner is required to authorize the district to occupy the land for school purposes. The proceedings should be recorded in full by the district secretary. 13. Should be recorded. All deeds for school property should be re- corded with the county recorder, and the proceedings relating to the ac- quisition of such property should be recorded in full by the district secre- tary. 14. Abandonment — condemnation — -damages on appeal. A district may abandon the improvement and decline to pay the amount assessed. 113 Iowa, 486. 15. Application to supervisors. When land sought to be taken for a road has been legally condemned, and the amount found by the referees has been deposited with the county treasurer, application should be made by the board to the board of supervisors for the establishment of the road un- der sections 1482-1517. 16. Petition by electors. Petition to the board of supervisors may be made by the electors as individuals. 110 Iowa, 707. 17. School property not exempt. The property of school districts in cities and towns is not exempt from special taxation, for improvement of streets and laying of sidewalks. 55 Iowa, 150. 18. Road — 'how established. A road to the schoolhouse may be estab- lished in the same manner and by the proceedings provided for the estab- lishment of highways in general, and when the damages have been assessed, the district may pay the same. Sections 1482-1517. 19. Expense intended. The expense that is intended shall be paid by the district is not more than that of surveying, locating and establishing the highway. The building of bridges and the repair of the road with the funds of the district would not be warranted by the law. 20. Under control of. After a highway has become legally established it is wholly and entirely under the control of the board of supervisors. Code, section 1482. 21. Private way — permissive use. The use by a non-owner of a private road is permissive and does not vest in him prescriptive rights in the same. 123 Iowa, 620. 22. Condemnation — appeal — ^notice. It is proper to serve notice of appeal on the county superintendent before whom condemnatory proceedings were CQinmenced. 113 Iowa, 486. SCHOOL LAWS OF IOWA 107 Sec. 2816. Reversion. If any school district wholly outside any city or incorporated town, in the case of non-user for school purposes for two years continuously of any real estate acquired for a school house site it shall revert, with improvements thereon, to the owner of the tract from which it was taken, upon repayment of the purchase price without interest, together with the value of the improvements, to be determined by arbitration, and upon such payment the school corpo- ration shall make formal conveyance to such owner. During its use the owner of the right of reversion shall have no interest in or control over the premises. [34 G. A., ch. 144; C, 73, § 1828.] Notes: 1. Reversionary clause. In case of the donation of a schoolhouse site, the following reversionary clause may be appended to the deed: "Pro- vided, that if, for the space of two consecutive years said premises shall cease to be used for school purposes, the same shall revert to the original donor, his heirs or assigns, without legal hindrance or expense." 2. Receipt should describe site. Since the receipt of the treasurer for the money deposited with him, for the owner of the land, may be the only evidence of title, such receipt should have a full description of the property, and contain this proviso in addition to note 1 above: "Upon the repayment of the principal amount paid by the district, without interest, together with the value of any improvements thereon made by the district," and the re- ceipt should be recorded by the county recorder. 3. When not non-user. When consent of county superintendent is secured to the closing of a school, the corporation may not be considered a non-user. See sections 2773, 2774. Sec. 2817. Use of barbed wire. Barbed wire shall not be used to enclose any school buildings or grounds, nor for any fence or other purpose within ten feet of any such grounds. Any person violating the provisions of this section shall be punished by fine not exceeding twenty-five dollars. [20 Q. A., ch. 103.] Note: See also sections 2773, 2745-a and 2745-b. APPEAL. Sec. 2818. Appeal to county superintendent. Any person aggrieved by any decision or order of the board of directors of any school cor- poration in a matter of law or fact may within thirty days after the rendition of such decision or the making of such order, appeal there- from to the county superintendent of the proper county; the basis of the proceedings shall be an affidavit filed with the county superintend- ent by the party aggrieved within the time for taking the appeal, which affidavit shall set forth any error complained of in a plain and concise manner. [C. '73, §§ 1829-31; R., §§ 2133-5.] Notes: 1. Matters not appealable. There are many matters that may not properly be brought before the county superintendent on appeal. From time to time questions are likely to arise upon which the board should be gov- erned by its best judgment, or by competent legal advice. 2. Official opinions — jurisdiction. School officers should not express an official opinion upon matters entirely outside of their jurisdiction. Upon these subjects it is therefore useless to expect county superintendents, or this department, to give any other than general information, such as is pre- sumably already within the knowleds:e of thoRe applying. 108 SCHOOL LAWS OF IOWA 3. Affidavit of appeal — effect of. The filing of an affidavit of appeal has the effect of arresting all action by the board in relation to the matter ap- pealed from until the appeal is disposed of. 4. Statu quo. During the pendency of an appeal a;ll matters must re- main in statu quo, and this can be enforced by writ of injunction. No opinion relating to matters involved in an appeal will be given by this department. 5. Affidavit. An affidavit is a written declaration sworn to before some officer authorized to administer oaths. Code, section 4673. 6. Jurisdiction — affidavit. A county superintendent can have no juris- diction of an appeal case until the affidavit has been filed. Decisions, 5. 7. Affidavit necessary. A notice of intention to file an affidavit, a verbal complaint, or a petition, is not sufficient to give the county superintendent jurisdiction in appeal cases. Form 45. 8. Affidavit — contents. The affidavit should contain a statement of the decision complained of and its date, a statement of facts showing that the appellant has an interest in the decision and is injuriously affected by it, and the assignmient of errors. Form 45. 9. Affidavit must be clear. An affidavit of appeal, to be of any value, must be sufficiently clear to enable the county superintendent to call upon the secretary for a complete transcript of an action that must be described so as to be identified. 10. Title of case. This affidavit being the first paper filed, care should be taken that the case is properly entitled, and this title should be pre- served throughout the further progress of the appeal. The date of filing should be indorsed upon the affidavit by the superintendent. 11. Notice of filing — effect. When a board receives official notice that an affidavit of appeal from its order has been filed, all action by the board in re- lation to the matter appealed from will be suspended until the decision in appeal has been given. 12. Right of appeal. The right of appeal is limited to persons aggrieved or injuriously affected by the decision or order complained of. Decisions, 21, 33. 13. AVhen barred. If a person aggrieved by a decision or order of the board fails to protect his rights by taking an appeal within the thirty days prescribed, he is barred by the statute from the remedy of appeal. 14. Computing time. In computing time the first day shall be excluded and the last included, unless the last falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the follow- ing Monday. Code, section 48, subsection 23. 15. Discretionary act — weight of. When the act complained of is of a discretionary character, the action of the board should be sustained, unless it is clearly shown that the board violated law, abused its discretion, or acted with manifest injustice. Decisions, 44, 57, 61, 66. 16. Choice of remedies. In certain cases an aggrieved party has a choice of legal remedies. 56 Iowa, 476. 17. 3Iandamus. As an appeal often consumes valuable time, mandamus is sometimes a more speedy as well as a better remedy, to compel the per- formance of an official duty. Decisions, 13, 39. 18. Mandatory — mandamus. Where the law is mandatory in requiring the board to act upon a petition, the remedy for its refusal is mandamus and not appeal. 86 Iowa, 669. 19. Violation of mandatory lavF — mandamus. When a board violates a mandatory requirement, application by an interested party to a court for a writ to compel the board to act as directed by the statute is the more speedy and preferable remedy. 44 Iowa, 432; 5 Iowa, 648, and 71 Iowa, 632. Decisions, 39. 2 0. Certiorari. A writ of certiorari is never used to correct a mere error, but only to test the jurisdiction of the tribunal and the legality of its action. 118 Iowa, 519; 55 Iowa, 215. 21. When appeal will lie. That an appeal may lie there must be an order or action by the board. To compel an action, appeal is not the remedy, but application to a court of law. Decisions, 93. SCHOOL LAWS OF IOWA 109 22. Action of board defined. By an action of the board is meant a vote taken by it and made of record at a meeting legally constituted. The board may at any time correct mistakes in its record, or supply omissions. 23. When no appeaL Appeal cannot be taken where the board simply refuses or neglects to act. 71 Iowa, 632. 24. Remedy in case of neglect. In case of wilful neglect or intentional failure to take action as intended by the law, the remedy for any party aggrieved is application to a court for a writ to require the board to con- sider and act upon the important matter brought? to its attention. And its order when made of record will then be subject to be made the basis of an appeal. 2 5. Complete record. If desirable to clear the record, or to make a mat- ter plain beyond question, sometimes the board may re-enact all its former transactions with regard to the matter involved. If it is supposed that the board took an action which purposely was not made a matter of record, it may be compelled by an order of court to complete its record. 26. Initiatory step — no appeal. No appeal may be taken from the action of the board taking the initiatory step, while it requires the concurrence of another board to complete the action. The concurrence or refusal of the second board is the order from which an appeal may be taken. Note 13 to section 2802. 27. To lay on table. An appeal may be taken from an action of the board to lay a petition on the table. Decisions, 101. 28. Jurisdiction de novo. In an appeal to the county and state super- intendent of public instruction, from the action of the board fixing bound- aries, the superintendents have jurisdiction de novo, and can enter any order that the board could have made in the matter. 110 Iowa, 6-52; 9 5 Iowa, 300; 69 Iowa, 161. For contrary opinion see Jos. Doubet vs. Ind. Dist. Clearfield, 111 N. W., 326. 29. Discharge— effect of appeal. An appeal to the county superintendent settles conclusively the wrongfulness of the teacher's discharge, though such appeal was determined on the ground that plaintiff had not been given a hearing before the board of directors, and not on the merits of the case. 110 Iowa, 313. 30. Burden of proof. In a trial before the county superintendent on an appeal from an action of the board discharging a teacher, the burden of proof is on the board. Decisions, 116. 31. Review of actions of boards. While the review of the action of a school board with reference to a matter within its jurisdiction is by appeal to the county superintendent, yet the question of whether the board had power to make a certain rule for the government of the schools, can be reviewed by the court in a mandamus proceeding. 129 Iowa, 441. 32. Discretionary acts — appeal. W^hen a county superintendent is exer- cising a discretionary act the courts will not" interfere and any abuse of discretion must be remedied on appeal. 110 Iowa, 30. See also 93 Iowa, 269. 107 Iowa, 29, differs. 33. Notice of appeal — on whom served. Notice served on the president of the board is held to be sufficient. 113 Iowa, 486. 34. Expediency — i-eview of. A question of expediency cannot be re- viewed by certiorari. 61 Iowa, 334. 35. Appeal — when necessary. Before an action for damages may be maintained, the wrongfulness of the discharge must be determined by ap- peal. Section 2782, 53 Iowa, 585. See note 29. But the remedy of one dis- charged on the ground of illegalitv of contract is by an action in court. 107 Iowa, 2 9. Sec. 2819. Hearing and decision. The county superintendent sball, within five days after the filing of such affidavit in his ofifiee, notify the secretary of the proper school corporation in -writing of the taking of such appeal ; the latter shall, within ten days after being thus notified, 110 SCHOOL LAWS OP IOWA file in the office of tlie county superintendent a complete transcript of the record and proceedings relating to the decision complained of, which transcript shall be certified to be correct by the secretary ; after the filing of the transcript aforesaid the county superintendent shall notify in writing all persons adversely interested of the time and place where the matter of the appeal will be heard by him. At the time fixed for the hearing he shall hear testimony for either p^rty, and he shall make such decision as may be just and equitable, which shall be final unless appealed from as hereinafter provided. [C. 73, § 1832-4; K, §§ 2136-8.] Notes: 1. Notice of appeal. The notice should describe the decision or order appealed from, so that it may be identified, and should require the district secretary to file the transcript with the superintendent within the time specified. The notice may be served personally or sent by mail. Form 46. 2. Secretary's transcript. The secretary shall make and forward a tran- script or copy of the record of all actions of the board relating to the decision or order appealed from; also of all petitions, remonstrances, plats, and other papers pertaining thereto. The original papers must be pre- served with the district records. Form 47, 3. Basis of appeal. The basis of an appeal is the recorded action of the board. If the secretary certifies that there is no record of an action by the board in any such matter as is described in the notice for a transcript, then it will be impossible to carry forward the appeal. Notes 22 to 24, section 2818. 4. Effect of delay in filing transcript. A failure to file the transcript will not affect the proceedings in any other way than to cause delay. The secretary will take the risk of censure by a court for failure to attend to his official duty. Decisions, 34, Laws of 1897. 5. Date of hearing. The time to elapse between the filing of the transcript and the hearing of the appeal is not fixed by the statute. This is left to the county superintendent to determine. 6. Notice of hearing. Notice of the time and place of hearing should be given to the appellant, to the secretary of the board, and to any other persons known to be directly interested. The notices may be served per- sonally or sent by mail. Form 48, 7. Notice — to whom sent. The appellant, the president, the secretary of the board, and other parties known to be directly interested, should receive a copy of this notice. 8. Date of filing — ^indorsement. The date of filing every paper should be indorsed thereon; also in the case of motions, orders and rulings of the county superintendent. All oral motions and an abstract of the testimony should be reduced in writing at the time of trial, 9. Docket. The docket or minutes of the superintendent should com- mence by noting the filing of the affidavit. He will afterwards, as the acts transpire, record the sending of the notice of appeal to the district secre- tary, the filing of the transcript, the sending of notices of the hearing, and any adjournment of the case that may be granted. At the trial he will carefully note down the names of all parties appearing, and their postoffice address, and whether they appear for or against the appeal; also the tiling of all papers and names of witnesses, and in whose behalf such papers or witnesses are introduced. The decision of the superintendent will form an appropriate close of his minutes. 10. Under oath. All evidence must be given under oath, and the sub- stance reduced to writing at the time by the county superintendent. It is recommended that a summary of what each witness testifies he made, read to the witness, and signed by him. It is of the first importance that the record of the testimony be full and accurate, as the decision of the county SCHOOL LAWS OF IOWA 111 superintendent, also of the superintendent of public instruction, in case the appeal is carried up, must be based upon the record of evidence intro- duced. This testimony should be preserved with the other papers of the case. 11. Introduction of evidence. While the county superintendent will not be prevented from entertaining and considering testimony not before the board, the general rule and practice should be no attempt to confine the hearing as far as practicable to the matters considered by the board and to the facts, statements and testimony, that were within the possession of the board at the time the action complained of, which is being reviewed by the county superintendent, was taken. 12. Preserving order. In case of disturbance or interruption during the trial of an appeal before a county superintendent, as he is not invested with complete judicial power, he has only the ordinary remedy of complaint to the proper authorities. Code, section 5033. 13. Call vpitness. The county superintendent may upon his own motion call any witness to the stand and have his testimony taken. 14. Technicalities. While mere technicalities should not be permitted to prevent the attainment of justice, it is proper that as to evidence and practice the superintendent should be governed by many of the rules which ordinarily obtain in courts. 15. Question to be detennined. The leading question to be determined by the county superintendent is whether in making the decision or order complained of, the board committed an error to such an extent as to require a reversal. 16. Discretionary acts — weight of. Acts of a board purely discretionary in their nature should be given great weight. To warrant a reversal, posi- tive error must be found, and such error must appear clearly in the testi- mony. 17. Remanding. When an appellate tribunal is unable to decide an appeal because the testimony is insufficient or the transcript of the action of the board is incomplete, and the facts are not sufficiently shown to determine what should be done, the case may be remanded for a new trial, or for further action by the board. 18. Report of decision. To those interested in the issue of an appeal the county superintendent should send a statement of the result; that is, whether the order of the board was affirmed or reversed. 19. Stenographer — evidence. The expense of a stenographer should not be incurred unless the parties to the case provide for defraying it. An abstract of the testimony of each witness should be made and should be signed by him before he is excused. See note 3, section 2821. 20. Decision — jurisdiction. Section 2818, notes 2V to 34. Sec. 2820. Appeal to state superintendent — no money judgment. An appeal may be taken from the decision of the county superintendent to the superintendent of public instruction in the same manner as pro- vided in this chapter for taking appeals from the board of a school cor- poration to the county superintendent, as nearly as applicable, except that thirty days' notice of the appeal shall be given by the appellant to the county superintendent, and also to the adverse party. The de- cision when made shall be final. Nothing in this chapter shall be so construed as to authorize either the county or state superintendent to render judgment for money ; neither shall they be allowed any other compensation than is now allowed by law. All necessary postage must first be paid by the party aggrieved. [C. 73, §§ 1835-6; R., §§ 2139-40.] Notes: 1. Appeals — manner of conducting. Appeals to the superinten- dent of public instruction are conducted in the same manner and governed 112 SCHOOL LAWS OF IOWA by the same rules, so far as applicable, as appeals to county super- intendents. The basis of appeal must be an affidavit filed in the office of the superintendent of public instruction, within thirty days from the date of the decision appealed from. 2. Notice to comity superintendent. Upon the filing of an affidavit the superintendent of public instruction will notify the county superintendent to forward a transcript of the papers in the case within thirty days. The original papers must be preserved on file in the county superintendent's office. 3. County superintendent's transcript. When an appeal is taken to the superintendent of public instruction, the county superintendent must have a copy of the testimony and of his docket prepared. It is very desirable that this transcript should be in typewritten work. 4. What included. The transcript of the county superintendent will consist of a literal copy of every paper filed and all indorsements thereon, together with a copy of all testimony given, the whole arranged in chrono- logical order, closing with the decisions of the county superintendent in full, with the certificate annexed. In filing transcripts, the county superintendent should use care in pre- paring the papers. They should be uniform in size and typewritten. In case maps and plats are used, they should be brought down to the proper size. All paper used in making a transcript should be 8 J inches by 13 inches. Suitable margins should be left on every sheet. Each question and answer should be fully set out. See form 4. 5. Transcript — a copy. The transcript in an appeal is supposed to be an exact copy of the papers and testimony in the case, preserved on file in the office of the county superintendent. Any one intersted maj^ claim the privilege of examining the original records in the case, at any proper time. 6. Expense of stenogi-apher. It is obvious that the county superintendent himself should not be expected to pay for having a typewritten transcript •of the record made in an appeal to the superintendent of public instruction. Expenses of this character, closely connected by law with the work of the county superintendent's office, should be paid for by the board of super- visors in the same manner that assistance is furnished to other county officers when needed. 7. Notice, The law requires that the appellant shall give thirty days' notice to the county superintendent, and also to the adverse party, of the taking of the appeal. This notice should be served as soon as the affidavit of appeal has been filed and proof of such service should be filed with the affidavit. The time for final hearing of the appeal will be fixed by the superintendent of public instruction, and may be at any time after thirty days from the filing of the affidavit. 8. Appearance. At the 'hearing, parties interested may appear person- ally or by attorney, and argue their cases orally if they desire, or they may send arguments in writing or if possible, in typewriting. 9. Source of data. The record of the case in the office of the county superintendent, which is a public record and open to examination by parties interested, will furnish all needed data, where access to transcript sent up is inconvenient. 10. Original evidence. The superintendent of public instruction will not hear original testimony in cases submitted to him. Decisions, 50, Laws of 1897. 11. Revocation of certificate — appeal. Any person aggrieved by the action of a county superintendent revoking a certificate may appeal to the super- intendent of public instruction, provided such appeal is taken within ten days from the mailing of the notice of revocation. Section 2 734-u. SCHOOL LAWS OP IOWA 113 12. Decision — enforcement. A person in whose favor an appeal is de- cided has the remedy of a writ of mandamus from a court of law to enforce the decision of appeal. 69 Iowa, 533, and 72 Iowa, 379. 13. Decision final. A decision in appeal by a county superintendent or the superintendent of public instruction is final in the sense that no court will attempt to review or set aside such a decision if the matters included are clearly within the jurisdiction of such school officers. 69 Iowa 533 and 110 Iowa, 652. 14. When board may take different action. An appeal decision does not always prevent the board from acting anew upon the matters involved in the appeal. If the order of a board is affirmed the board will be left free to take any action thought best by it; that is, it will have the same freedom to act that it would have if no appeal had been taken. 15. Mandamus. Until the board has taken a different action no doubt mandamus will be a remedy to compel the board to carry into effect the appeal decision and the former action of the board. 16. Remanding. If it is shown conclusively that a transcript is ma- terially defective, that valuable testimony heard upon the trial before the county superintendent is not included in the transcript, or that testimony which should not have been omitted was excluded, an appeal case may be remanded to the county superintendent for another trial. 17. Reversing a reversal — effect. When the decision of the county su- perintendent on appeal, reversing the order of the board, is reversed by the superintendent of public instruction on the appeal to him, the effect of the last decision, which is final, is to affirm the original order made by the board, and the result of this is to leave the matter as entirely in the hands of the board as though no appeal had ever been taken from its action. Decisions, 57. 18. Affirming a reversal — effect. But if the county superintendent reverses an order of the board and the superintendent of public instruction affirms the decision of the county superintendent, such decision will prevent the board from taking any action in the matter until some material change oc- curs, rendering such a new action necessary. Decisions, 40, 74. 19. Postage. Payment for postage in advance will be reo.uired with the affidavit. It is impossible to tell what amount of postage will be needed in each case, and one dollar will be required to cover all needed postage. If the dollar does not accompany the affidavit, the filing Avill be delayed until the amount is received. 2 0. Material change of conditions — different action. A material change of conditions in a corporation may warrant a board of directors in taking action different from that ordered by the county superintendent or superin- tendent of public instruction on appeal. Doubet v. Board of Directors, ill N. W., 326. See also 70 Iowa, 338. Decisions, 44. 21. Witnesses — fees. Section 2 821 below. Sec 2820-a.^ Indebtedness authorized — amount. Any independent district containing, or contained in, any city, town or village, or any consolidated independent district shall be allowed to become indebted for the purpose of building and furnishing a school house or houses and procuring a site therefor, to an amount not to exceed in the aggre- gate, including all other indebtedness, four per centum of the actual value of the taxable ]n-operty within such independent school district, such value to be ascertained by the last county tax list previous to the incurring of such indebtedness, anything contained in section one thousand three hundred and six-b (i306-b) of the supplement to the code, 1907, to the contrarv notwithstanding. [34 G. A., ch 145 ; 33 G. A., ch. 184; 30G. A., ch. il4.] See. 2820-b. Petition. Provided, that before sueli indel)tedness can 114 SCHOOL LAWS OF IOWA be contracted in excess of one and one-quarter per centum of the actual value of the taxable property ascertained as provided in this act, a petition signed by a number equal to twenty-five (25 per cent) per cent of those voting at the last school election, shall be filed Avith the president of the board of directors, asking that an election shall be called, stating the purpose for which the money is to be used, and that the necessary school house or houses cannot be built and furnished within the limit of one and one-quarter per centum of the valuation. [34 G. A., ch. 145 ; 33 G. A., ch. 184 ; 30 G. A., ch. 114.] Note: Qualified electors. See section 2747. Sec. 2820-c. Question submitted. The president of the board of directors, on receipt of such petition shall, within ten (10) days call a meeting of the board who shall call such election, fixing the time and place thereof, which may be at the time and place of holding the reg- ular school election. Four weeks notice of such election shall be given by publication once each week, in some newspaper published in the said town or city, or if none be published therein, in the next nearest town or city in the county. At such election the ballot shall be prepared and used in substantially the following form : Shall the (naming the independent district) issue bonds in the sum of dollars ($ ) for the purpose of constructing or equipping school houses. [33 G. A., ch. 184; 30 G. A., ch. 114.] Sec. 2820-d. Bonds. If a majority of all the electors voting as such election vote in favor of the issuance of such bonds, the board of direc- tors shall issue the same and make provision for the payment of the same and the interest thereon as provided in section twenty-eight hundred twelve-d (2812-d), twenty-eight hundred twelve-e (2812-e), twenty-eight hundred twelve-f (2812-f) and twenty-eight hundred thirteen (2813) of the supplement to the code, 1907. [33 G. A., ch. 184; 30 G. A., ch. 114.] See. 2820-dl. Pending litigation — pending transactions. But this act shall in no wise affect pending litigation nor act or acts of any school board under the statute or statutes herein repealed but the transaction, if any, may be completed with the same force and effect as if the stat- ute were not repealed. [33 G. A., ch. 184.] Sec. 2820-d2. In effect. This act being deemed of immediate im- portance shall be in full force and effect on and after its publication in the Register and Leader and Des Moines Capital, newspapers published at Des Moines, Iowa. [33 G. A., ch. 184.] Note: Numbers 1 and 2 were added by department of public instruction. Sec. 2820-e. Consolidation authorized. That in all cities of the first class containing a population of fifty thousand or over, according to any census taken by the authority or under the direction of the state of Iowa or of the United States, all the territory embraced within the cor- porate limits of any such city may be consolidated into and become one independent school district, known as the independent school district of (naming the city), state of Iowa, in the manner following: (32 G. A., ch. 155, § 1.] SCHOOL LAWS OF IOWA 115 Sec. 2820-f. Petition — question submitted — consolidation effected — board of directors — officers. When a written petition, requesting the establishment of a consolidated independent district whose territory shall be co-extensive with that of such city, signed by one hundred voters of such city, is filed with the board of the school corporation, therein, having the largest number of voters, it shall be the duty of said board within ten days, to call an election, at which all the voters residing in the proposed district shall be allowed to vote by ballot for or against the proposition, "Shall all the territory within the city of (naming it) be united into one school district?" The board calling said election shall divide the territory within the proposed district into such number of precincts, as the board shall determine, and the judges of election shall make and certify a return of the vote to the secretary of the same board which shall, on the next Monday after the election, canvass the returns made to the secretary, ascertain the result of the election, declare the same and cause a record to be made thereof, and in all other respects, except as inconsistent with the provisions of this act, the election shall be conducted as provided by law for elections in independent school districts in cities of the first class. If a majority of the votes cast at such election is favorable to the proposition, the consolidation and formation of said independent district shall thereby be effected, and the board of directors, treasurer, and other officers of the school corporation then holding office in the district affected by such consolidation having the largest number of voters, shall become the board of directors, treasurer and other officers of such consolidated district, and shall continue to hold their respective offices until the terms for which they were originally elected shall expire. The terms of office of all directors, treasurers and officers of boards in all the other dis- tricts affected by this act, lying wholly within such consolidated dis- trict and holding office at the time of such consolidation, shall cease and determine, and in case of districts lying partly without such con- solidated district, the directors, officers and treasurers shall continue to have authority only over the territory lying within their districts, and without the consolidated district ; provided that nothing herein contained shall affect the terms of employment of superintendents, principals, or teachers for the current school year, in which such con- solidation may be effected. [32 G. A., ch, 155, § 2.] Sec. 2820-g'. Taxes. All taxes previously certified during that year, shall be void so far as the property within the limits of the consolidated independent district is concerned. And all taxes necessary for the new corporation for that year shall be certified and levied as provided in section twenty-seven hundred ninety-six (2796) of the code. All property belonging to districts affected by such consolidation shall become the property of the consolidated district, except that in case of districts lying partly without such city, the liabilities and assets of such districts shall be equitably apportioned in accordance with chap- ter one-hundred thirty-six (136), section thirteen (13) acts of the thirty-first (31) general assembly, but nothing herein contained shall affect the rights of existing creditors. [32 G. A., ch. 155, § 3.] 116 SCHOOL LAWS OF IOWA Sec. 2820-h. Election expense. The expense of such election shall be borne by the consolidated district, in case such district shall be formed, otherwise by the separate districts in proportion to the assessed valuation therein within the proposed consolidated district. [32 G. A., ch. 155, § 4.] Sec. 2821. Witnesses — fees. The county superintendent in all mat- ters triable before him shall have power to issue subpoenas for wit- nesses, which may be served by any peace officer, compel the attend- ance of those thus served, and the giving of evidence by them, in the same manner and to the same extent as the district court may do, and such witnesses and officers may be allowed the same compensation as is paid for like attendance or service in such court, which shall be paid out of the contingent fund of the proper school' corporation, upon the certificate of the superintendent to and warrant of the secretary upon the treasurer ; but if the superintendent is of the opinion that the pro- ceedings were instituted without reasonable cause therefor, or if, in case of an appeal, it shall not be sustained, he shall enter such findings in the record, and tax all costs to the party responsible therefor, A transcript thereof shall be filed in the office of the clerk of the district court and a judgment entered thereon by him, which shall be collected as other judgments. Notes: 1. Costs — includes what. The term costs includes only witness fees and fees to officers for the service of subpoenas. Fees cannot be al- lowed to any witness unless such witness is subpoenaed by the county super- intendent. Decisions, 109. 2. Filing transcript. When an appeal is taken from the decision of the county superintendent that officer should not file his transcript of costs with the clerk of courts until the case is finally determined by this department. . Bond for costs cannot be required. Decisions, 98. 3. Stenographer— expense of. The expenses of a stenographer cannot be taxed as a part of the costs. There is no authority in law to employ a stenographer and tax the expenses of such stenographer as costs in an appeal case. Opinion of attorney-general, 1899. 4. Rehearing — costs. Section 2821 does not provide for the payment of costs or expenses in case of a rehearing on the question of issuing a certifi- cate. Sec. 2822. Penalties. Any school officer wilfully violating any pro- vision of this chapter, or wilfully failing or refusing to perform any duty imposed by law, shall forfeit and pay into the treasury of the particular school corporation in which the violation occurs the sum of twenty-five dollars, action to recover which shall be brought in the name of the proper school corporation, and be applied to the use of the schools therein. [C. '73, 1746, 1786; R., §§ 2047, 2081; C. '51, § 1137.] Sec. 2823. Provisions apply to all corporations — issuance of bonds. The provisions of this chapter shall apply alike to all districts, except when otherwise clearly stated, and the power given to one form of cor- poration, or to a board in one known corporation, shall be exercised by the other in the same manner, as nearly as practicable. But school boards shall not incur original indebtedness by the issuance of bonds until authorized by the voters of the school corporation. SCHOOL LAWS OF IOWA 117 Note: What included. The chapter referred to in this section includes everything contained in the school laws from section 2 743 to section 2 823-t inclusive. COMPULSORY ATTENDANCE Sec. 2823-a. Duties of parents or guardians — penalty. Any person having control of any child of the age of seven (7) to fourteen (14) years inclusive, in proper physical and mental condition to attend school, shall cause such child to attend some public, private, or par- ochial school, where the common school branches of reading, writing, spelling, arithmetic, grammar, geography, physiology, and United States history are taught, or to attend upon equivalent instruction by a competent teacher elsewhere than school, for at least twenty-four (24) consecutive school weeks in each school year, commencing with the first week of school after the first day of September, unless the board of school directors shall determine upon a later date which date shall not be later than the first Monday in December ; but the board of directors in any city of the first and second class may require attend- ance for the entire time the schools are in session in any school year. Provided, that this section shall not apply to any child who lives more than two (2) miles from any school by the nearest traveled road except in those districts in which the pupils are transported at public expense, or who is excused for sufficient reasons by any court of record or judge thereof or while attending religious service or receiving religious in- struction. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than three ($3) dollars nor more than twenty ($20) dollars, for each offense. [33 G. A., ch. 186, 187 ; 30 G. A., ch. 116, § 1 ; 29 G. A., ch. 128, § 1.] Note: Seven to fourteen, inclusive — meaning. The language of the sec- tion "to fourteen years" cannot be construed to extend beyond the time vi^hen the child becomes fourteen years of age. The word "inclusive" following clearly applies to the time intervening between the ages of seven and four- teen years. * * * j am therefore of the opinion that the word "inclusive," as used in the section, does not extend the period during which a child can be compelled to attend school beyond the time he becomes fourteen years of age. Report of attorney general, 1904, page 95. Sec. 2823-b. Reports to secretary. Upon notice from the secretary of the school corporation within which such school is conducted, it shall be the duty of each principal of each private or parochial school, once during each school year, and at any time when requested in individual cases, and within ten days from the receipt of such notice, to furnish to such secretary a certificate and report of the names, ages and attendance of the pupils in attendance at such school during the preceding year and from the time of the last preceding report to the time at which a report is required and any person having the control of any child between seven and fourteen years of age inclusive, who shall place the same under private instruction, not in a regular! 3^ con- ducted school, upon receiving notice from the secretary of the school corporation, shall furnish a like certificate stating the name and age of such cliild and the period of time during Avhich said child has been 118 SCHOOL LAWS OF IOWA under said private instruction; and any person having the control of such child who is physically or mentally unable to attend school, public or private, shall furnish proofs by affidavit or affidavits as to the physical or mental condition of such child. AIL such certificates, re- ports and proofs shall be filed and preserved in the office of the secre- tary of the school corporation as a part of the records of his office. [29 G. A., ch. 128, § 2.] Sec. 2823-c. Certified copies. It shall be the duty of the secretary of the school corporation to furnish to any person interested, where so requested, certified copies of all certificates contemplated by this act, on file in his office. [29 G. A., ch. 128, § 3.] Sec. 2823-d. Truant schools. The board of directors of any school corporation may establish truant schools, or set apart separate rooms in any public school building, for the instruction of children who are habitually truant from instruction, as contemplated by this act. Such directors may provide for the confinement, maintenance, and instruc- tion of such children in such schools, under such reasonable rules and regulations as they may prescribe. If any child, committed or sent to the truant school shall prove insubordinate and escape from such school during school hours, or absent himself or herself therefrom with- out the consent of the persons in charge thereof, then it shall be the duty of the person in charge of said school with the consent of the parent or guardian to file information before the judge of a court of record, who may, if the charge be found to be true and the said child be habitually vagrant, disorderly, or incorrigible commit such child to one of the industrial schools of the state, under the same proceeding as is provided by section twenty-seven hundred eight (2708) of the code so far as the same may be applicable. [29 G. A., eh. 128, § 4.] Sec. 2823-e. Truant officers. The board of directors of each school corporation may, and in school corporations having a population of twenty thousand (20,000) or more shall, at their annual meeting in each year, appoint one or more truant officers, who shall serve for one year, and who may be a constable or a member of the police force, whose duty it shall be to report violations of this act to the secretary of the school corporation, and see to the enforcement of the provisions of this act. It shall be the duty of said truant officer or officers to apprehend and take into custody without warrant any child of the age of seven (7) to fourteen (14) years inclusive, who habitually frequents or loiters about public places during school hours without lawful occupation, or cannot produce a certificate as provided in section two (2) hereof, also any truant child who absents himself or herself from school, and place him or her in charge of the teacher having charge of any school, which said child is entitled to attend, and which school may be designated to said officers by the person having legal control of such child. Provided, however, in case the school so designated by the parent or person having the care and control of said child be a public school it shall be such as directed by the rules and regulations of the school board and the statutes of the state, and if other than a public school, the maintenance of said child in such school shall be SCHOOL LAWS OF IOWA 119 without expense to the school corporation or state. Upon failure of such child to properly attend or when on report of the teacher having the custody of such child, said child is shown to not properly conduct itself in the school where placed as herein provided, the child may be removed therefrom by the board of directors and placed either in a public school or a truant school conducted in said district. The truant officer or officers shall be entitled to such compensation for service rendered under this act, as shall be fixed by the board of directors ap- pointing him or them, which compensation shall be paid from the con- tingent fund of said district. In towns and cities of the second class, the independent school district may employ the marshal or other police officer of such city or town to act as truant officer, and pay him a salary in addition to that received from such city or town of not to exceed five ($5.00) dollars per month. [33 G. A., ch. 188; 30 G. A., ch. 116, § 2; 29 G. A., ch. 128, § 5.] Sec. 2823-f. Enforcement. It shall be the duty of the director or president of any board of directors, or any truant officers appointed by such board of directors, to enforce the provisions of this act, to sue for and recover the penalties herein provided, and to institute criminal prosecution against any person violating the provisions of this act, and any such officers neglecting to do so within thirty (30) days after a written notice has been served upon him by any citizen of said district or the county superintendent of the county within which the offending person shall reside, shall himself be liable for a fine of not less than ten ($10) dollars nor more than twenty ($20) dollars for each offense. [32 G. A., ch. 154; 29 G. A., ch. 128, § 6.] Sec. 2823-g. Teachers and school officers — duties. All teachers of the public schools of the state, and county superintendents, and school officers and employees shall promptly report to the secretary of the school corporation any violations of the provisions of this act, of which they have knowledge or information, and he shall promptly inform the president of the board of directors thereof, and such president shall, if necessary, call a meeting of the board of directors to take such action thereon as the facts shall justify, and any child placed in any truant school may be discharged therefrom at the discretion of the board, upon sufficient assurance of the future good conduct of such child. [29 G. A., ch. 128, § 7.] Sec. 2823-h. Provisions for punishment. The board of directors of every school corporation is hereby authorized to provide such reason- able methods of punishment of children who are habitually truant from school, or who habitually frequent or loiter about public places during school hours, without lawful occupation, as may be necessary to carry out and make effectual the provisions of this act. [29 G. A., ch. 128, § 8.] Sec. 2823-i. School census. It shall be the duty of all officers, em- powered to take the school census, to ascertain the number of children of the age of seven (7) to fourteen (14) years, inclusive, in their respec- tive districts, the number of such children who do not attend school. 120 SCHOOL LAWS OF IOWA and so far as possible, the cause of failure to attend school. [29 G. A., ch. 128, § 9.] SCHOOL LAWS— SALE Sec. 2823-j. County auditors — requisition — duplicate receipts. On or before the 15th day of November of each year, the auditor of each county shall make an estimate of the number of copies of the school laws of Iowa as will, in his judgment, be required to supply the demand for such laws in his county, in addition to the number of copies of said school laws furnished by the state as provided for in section 2624, chapter 1, title 13 of the code. The county auditor shall transmit his estimate to the superintendent of public instruction, together with a requisition for the number of copies required. On receipt of the requi- sition the superintendent of public instruction shall forward to the county auditor the number of copies named in the requisition. On receipt of the copies transmitted to him, the county auditor shall execute receipts therefor in duplicate, one of which he shall immediately transmit to the superintendent of public instruction and the other to the state auditor. [27 G. A., ch. 90, § 1.] Sec. 2823-k. Sale price. The county auditor shall keep for sale at his office in the court house of the county, copies of the school laws of the state of Iowa, which he shall receive in the manner hereinbefore provided, at a price not to exceed twenty (20) cents per copy of such laws, bound in paper and not to exceed 30 cents per copy of such laws bound in cloth and pay the proceeds of such sales into the county treasury on or before the 15th day of November of each year. [27 G. A., ch. 90, § 2.] Sec. 2823-1. Statement of copies sold. The said county auditor shall also on or before the 15th day of November of each year, make out in writing under oath, a statement of the number of copies sold by him and not before accounted for, and the number remaining on hand and the amount paid to the county treasurer, and transmit such state- ment to the auditor of state, who shall charge the county treasurer with such amount, and the superintendent of public instruction shall certify to the state auditor the number of copies transmitted to each count}^ auditor and the state auditor shall charge each county auditor therewith, and subsequently credit him with such as may be sold or otherwise lawfully disposed of. [27 G. A., ch. 90, § 3.] See. 2823-m. Copies delivered to successor. When the county audi- tor goes out of office, having any such copies remaining, he shall deliver them to his successor, taking his receipt therefor in duplicate, one of which shall be sent to the state auditor which shall be his sufficient dis- charge for the same. [27 G. A., ch. 90, § 4.] LIBRARIES Sec. 2823-n. Library fund. The treasurer of each school township and each rural independent district in this state shall withhold annu- ally, from the money received from the apportionment for the several school districts, not less than five nor more than fifteen cents, as may be ordered by the board, for each person of school age residing in each SCHOOL LAWS OP IOWA 121 school corporation, as shown by the annual report of the secretary, for the purchase of books as hereinafter provided. When so ordered by the board of directors, the provisions of this section shall apply to any independent district. [28 G. A., ch. 23, § 1.] Notes: 1. Mandatory. It is mandatory upon the treasurer in each school township and each rural independent district to withhold from the a:ppor- tionment each year a certain number of cents for each person between the ages of 5 and 21 years, for the purchase of library books. 2. Amount withheld. The amount withheld, annually, for each person, may not exceed fifteen cents, nor be less than five cents. The exact amount per pupil is left to the discretion of the board of directors, and may vary from one year to another. In determining the amount the board should consider the special needs of the district. 3. Contingent fund. Under section 2783, the board may use the con- tingent fund to purchase dictionaries, library books, maps, charts, and ap- paratus, to an amount not exceeding twenty-five dollars in any one year for each schoolroom under its charge. 4. When apply to city and town districts. The provisions of the law apply to independent districts having cities, towns, and villages, only when so ordered by the board of directors. Independent districts without libraries should avail themselves of the benefits of the law. 5. Schoolhouse fund. The electors may vote school house fund for the purchase of library books. Section 2749. Sec- 2823-0. Purchase of books — distribution. Between the third Monday of September and the first day of December in each year the president and secretary of the board, with the assistance of the county superintendent of schools, shall expend all money withheld by the treasurer as provided in section one of this act, in the purchase of books selected from the lists prepared by the state board of educational examiners as hereinafter provided, for the use of the school district ; in school townships the secretary shall distribute the- books thus selected to the librarians among the several subdistricts, and at least semi-an- nually collect the same and distribute others. [28 G. A., ch. 23, § 2.] Notes: 1. Use of library fund. The money withheld by the treasurer can- not be used for any purpose except the purchase of "books. All expenses such as freight charges, express, postage, exchange, library cases, and record books, should be paid from the contingent fund. 2. Listing — inspecting. The county superintendents in visiting schools should carefully inspect the library to see that it is properly kept; that the books are properly listed and labeled, and that the teachers know the best use to make of it. Sec. 2823-p. State board of educational examiners to prepare list of books. It is hereby made the duty of the state board of educational examiners to prepare at its discretion lists of books suitable for use in school district libraries, and furnish copies of such lists to each pres- ident, secretary, and each county superintendent, as often as the same shall be published or revised, from which lists the several presidents and secretaries and county superintendents shall select and purchase books. [33 G. A., ch. 189; 28 G. A., ch. 23, § 3.] Note: What may be purchased. It is illegal to purchase books or editions not included in the list recommended by the state board of ex- aminers. 122 SCHOOL LAWS OF IOWA Sec. 2823-q. Record book. It shall be the duty of each secretary to keep in a record book, furnished by the board of directors, a complete record of the books purchased and distributed by him, [28 G. A., ch. 23, § 4.] Sec. 2823-r. Librarian. Unless the board of directors shall elect some other person, the secretary in independent districts and director in subdistricts in school townships shall act as librarian and shall receive and have the care and custody of the books, and shall loan them to teachers, pupils, and other residents of the district, in accordance with the rules and regulations prescribed by the state board of educational examiners and board of directors. Each librarian shall keep a complete record of the books in a record book furnished by the board of directors. During the periods that the school is in session the library shall be placed in the schoolhouse, and the teacher shall be responsible to the district for its proper care and protection. The board of directors shall have supervision of all books and shall make an equitable distribution thereof among the schools of the corporation. [28 G. A., ch. 23, § 5.] Notes: 1. Librarian — duties of. Much of the success of the library work will depend upon the librarian, and it is urged that great care be taken in making the selection. 2. Library free. The library is free to all pupils of suitable age, teachers and residents of the district, and the librarian should loan the books to them in accordance with the rules and regulations prescribed by the state board of educational examiners, and the board of directors. 3. "Wliere kept. The library must be kept in the schoolhouse during the term of school. At other times it is placed under the control of the librarian. 4. Transfer to successor. Each school officer, upon the termination of his term of office, shall immediately surrender to his successor all books, papers, and moneys pertaining or belonging to the office, taking a receipt therefor. Code, section 2770. VOCAL MUSIC Sec. 2823-s. Instruction in vocal nmsic authorized. That the ele- ments of vocal music, including when practical the singing of simple music by note, be taught in all of the public schools of Iowa, and that all teachers teaching in schools where such instruction is not given by special teachers be required to satisfy the county superintendent of their ability to teach the elements of vocal music in a proper manner. Provided, however, that no teacher shall be refused a certificate or the grade of his or her certificate lowered on account of lack of ability to sing. [28 G. A., ch. 109, § 1.] Note: Music required. For a first grade certificate, section 2734-d; for a second, section 2734-h, note 1; for a third, section 2734-i, note 1. Sec. 2823-t. Normal institute. That it shall be the duty of each county superintendent to have taught annually in the normal institute the elements of vocal music. [28 G. A., ch. 109, § 2.] TEXT BOOKS — ADOPTION — PURCHASE — LOANING. Sec. 2824. Adoption — contract — agent. The board of directors of each and every school corporation in the state of Iowa is hereby author- ized and empowered to adopt text-books for the teaching of all SCHOOL LAWS OP IOWA 123 brandies that are now or may hereafter be authorized to be taught in the public schools of the state, and to contract for and buy said books and any and all other necessary school supplies at said contract prices, and to sell the same to the pupils of their respective districts at cost, and said money so received shall be returned to the contingent fund. The books and supplies so purchased shall be under the charge of the board, who may select one or more persons within the county to keep said books and supplies for sale, and, to insure the safety of the books and moneys, the board shall require of each person so appointed a bond in such sum as may seem to the board to be desirable. [25 G. A., ch. 35; 23 G. A., ch. 24, §§ 1, 2.] Notes: 1. Term of contract. There is nothing in this and the following sections from which it can be inferred that a contract must be entered into for five years. The law does not attempt to fix an exact limitation as to the time for which a contract should be made. It seems to be the intent of the law that the board of directors or the county board of education should carefully avoid making a contract which might have the effect of binding its successors in office. 2. Books must be used. It is within the power of any board to forbid the use of other books than those adopted for the district, and to provide by rule or regulation that scholars persistently and continuously refusing to conform to such regulation shall be refused instruction until they comply with the rule. Teachers failing to regard a rule or direction of the board that instruction be given from no other books than those legally in use, take the risk of being cited for trial under section 2782. 3. Cost — how construed. The word cost, in this section, should be under- stood to mean contract price. Any extra expense connected with securing the books should not be added to their purchase price, but should be paid from the contingent fund, upon separate orders. In this way the cost to the purchaser will agree with the contract price, and uniformity in cost for the same book will obtain all over a large district having several selling places, and will also be common in many districts and counties, while the extra expense for handling,, drayage, storage, etc., may differ somewhat in connection with each different person selected to keep the books for sale. 4. Other necessary school supplies. We think the words any and all other necessary school supplies are intended to include only such articles as it is customary for parents to purchase for the use of their children in school work. For instance, globes and charts have not been furnished by the children. They cannot be bought with the money of the district, resold, and the money returned to the contingent fund as directed by the law. 5. Text-books included. Text-books of every variety, in all classes and grades, and all kinds of supplies usually purchased by the children for use in the schools for the purpose of instruction, may be purchased under this act. 6. Responsibility of board. It is evidently not the intention to impose a hardship upon the person who keeps the books and supplies for sale, but simply to guard the district against possible loss. The board is not to be considered as released in the slightest degree from its obligation, under the general law, to protect the funds. The bond is required for additional pro- tection. Form 50. Nor will the fact that the board requires a bond from another person in any way release the treasurer from his absolute responsi- bility for all funds of the district coming into his hands, from whatever source. 7. Contracts made conditional. In order to avoid a possible misunder- standing, every contract should be made subject to the action of the electors as provided for in section 2 829. 124 SCHOOL LAWS OF IOWA 8. It is illegal for any school board (city, town, rural independent or township) to select text-books or award contracts for text-books without: first, authority from the electors of their district to whom the question has been duly submitted; second, advertisement for bids. See McNees vs. School Township of East River, Page County, 133 Iowa, 12 0. See. 2825. Use of contingent fund — additional tax. All the books and other supplies purchased under the provisions of this chapter shall be paid for out of the contingent fund, and the board of directors shall annually certify to the board of supervisors the additional amount necessary to levy for the contingent fund of said district to pay for such books and supplies. But such additional amount shall not exceed in any one year the sum of one dollar and fifty cents for each pupil residing in the school corporation, and the amount so levied shall be paid out on warrants drawn for the payment of books and supplies only, but the district shall contract no debt for that purpose. [25 G. A., ch. 35; 23 G. A., ch. 24, § 2.] Notes: 1. Coutingent fund — use of. Any contingent fund on hand may be used to purchase books and supplies. As the proceeds from sales must be returned at once to the contingent fund, no large additional amount will ordinarily be needed to enable the average district to secure books and sup- plies under this law. 2. Contingent fund— estimated for. When the board is estimating the levy for the contingent fund, it may include in the estimate an amount needed to pay any necessary expenses connected with securing the books. 3. Orders audited. All payments under this chapter must be made In strict accordance with the other provisions of law governing the disburse- ment of school moneys. No order for any purpose may be drawn until the account has been regularly audited by the board. Section 2780. 4. Price to pupils. It is desirable that the cost to the scholar shall be the lowest possible. Any extra expense connected with securing the books should not be added to their purchase price, but should be paid out of the contingent fund, upon separate orders. In this way the cost to the pur- chaser will agree with the contract price, and' uniformity in cost for the same book will be common in many districts and counties. Note 3 to sec- tion 2824. 5. Anticipate taxes. While the district may contract no indebtedness for the purchase of books and supplies, the board may anticipate the levy and collection of taxes certified for those purposes. Sec. 2826. Purchase — exchange. In the purchasing of text-books it shall be the duty of the board of directors or the county board of. education to take into consideration the books then in use in the respec- tive districts, and they may buy such additional number of said books as may from time to time become necessary to supply their schools, and they may arrange on equitable terms for exchange of books in use for new books adopted. [25 G. A., ch. 35; 23 G. A.,^ch. 24, § 3.] Note: Uniformity of books. The good of the schools will be best ad- vanced if it is ordered that the same book or books in any branch must be used in all the schools of the same grade in the district. This will sim- plify the purchase, and also facilitate the introduction of uniform books. Sec. 2827. Suit on bond. If at any time the publishers of such books as shall have been adopted by any board of directors or county board of education shall neglect or refuse to furnish such books when SCHOOL LAWS OF IOWA 125 ordered by said board in accordance with the provisions of this chapter, at the very lowest price, either contract or wholesale, that such books are furnished any other district or state board, then said board of directors or county board of education may and it is hereb}^ made their duty to bring suit upon the bond given them by the contracting pub- lisher. [25 G. A., ch. 35 ; 23 G. A., ch. 24, § 4.] Sec. 2828. Bids. Before purchasing text-books under the provi- sions of this chapter, it shall be the duty of the board of directors, or county board of education, to advertise, by publishing a notice once each week for three consecutive weeks in one or more newspapers pub- lished in the county; said notice shall state the time up to which all bids will be received ; the classes and grades for which text-books and other necessary supplies are to be bought, and the approximate quan- tity needed ; and said board shall award the contract for said text-books and supplies to any responsible bidder or bidders offering suitable text-books and supplies at the lowest prices, taking into consideration the quality of material used, illustrations, binding, and all other things that go to make up a desirable text-book ; and may, to the end that they may be fully advised, consult the county superintendent, or, in case of city independent districts, with city superintendent or other compe- tent person, with reference to the selection of text-books : Provided, that the l)oard may reject any and all bids, or any part thereof, and re- advertise therefor as above provided. [31 G. A., ch. 9, § 4; 25 G. A., eh. 35; 23 G. A., ch. 24, § 5.] Note: Must advertise. A board may not secure the advantages of pur- chasing text-books without first advertising for bids and letting the con- tract in the manner required. And this is equally true even if it is expected that a new contract will be made for the books in present use. Form 5. 133 Iowa, 120. Sec. 2829. Change — question submitted. It shall be unlawful for any board of directors or county board of education, except as provided in section twenty-eight hundred and twenty-seven of this chapter, to displace or change any text-book that has been regularly adopted or re-adopted under the provisions of this chapter, before the expiration of five years from the date of such adoption or re-adoption, unless authorized to do so by a majority of the electors present and voting at their regular annual meeting in March, due notice of said proposition to change or displace said text-books having been included in the notice for the said regular meeting. [25 G. A., ch. 35 ; 23 G. A., ch. 24, § 6.] Note: Notice — secretary must be directed. Where notice that the ques- tion of a change of text-books would be voted on was included in the notice of election by the clerk (secretary) without the action of the board, the vote thereon was invalid, though a petition of ten voters had been filed, and though the members of the board individually had authorized the action of the clerk (secretary). McNees vs. School Township of East River, Page county, 133 Iowa, 120. Sec. 2830. Samples — lists — bonds. Any person or firm desiring to furnish books or supplies under this chapter in any county shall, at or before the time of filing his bid hereunder, deposit in the office of the 126 SCHOOL LAWS OF IOWA county superintendent samples of all text-books included in his bid, accompanied with lists giving the lowest wholesale and contract prices for the same. And said samples and lists shall remain in the county superintendent's office, and shall be delivered by him to his successor in office, and shall be kept by him in such safe and convenient manner as to be open at all times to the inspection of such school officers, school patrons and school teachers as may desire to examine the same and compare them with others, for the purpose of use in the public schools. The board of directors and the county board of education mentioned shall require of any person or persons with whom they contract for furnishing any books or supplies to enter into a good and sufficient bond, in such sum and with such conditions and sureties as may be required by such board of directors or county board of education, for the faithful performance of any such contract. But bonds of surety companies duly authorized under the laws of Iowa shall be accepted, [25 Gr. A., ch. 35 ; 23 G. A., ch. 24, § 7.] Sec. 2831. County board of education — question as to county uni- formity. The county superintendent, the county auditor and the mem- bers of the board of supervisors shall constitute a county board of edu- cation. When petitions shall have been signed by one-third the school directors in any county, other than those in cities and towns, and filed in the office of the county superintendent of such county at least thirty days before the annual school elections, asking for a uniform series of text-books in the county, then such county superintendent shall im- mediately notify the other members of the county board of education in writing, and within fifteen days after the filing of the petitions said board of education shall meet and provide for submitting to the electors at the next annual meeting the question of county uniformity of school text-books. [28 G. A., ch. Ill; 25 G. A., ch. 35; 23 G. A., ch. 24, §§ 8,9.] Notes: 1. Petition. It is intended that at least one-tliird of the individuals composing all boards, except those of city and town districts, shall sign the petition referred to. Form 53. 2. County board of education. By the provisions ofl this section every county in the state has a county board of education composed of the county superintendent, county auditor, and members of the board of supervisors. 3. Notice. In order that every voter may be fully advised of the sub- mission of the question of county uniformity, the county board of education should publish the proposition to be voted upon in the official papers of the county at least ten days before the annual school election, and they should also transmit to the secretaries of the several boards of directors copies of said proposition, and direct said secretaries to give notice thereof and provide for the taking of a vote thereon at the annual meeting. Sec. 2832. Selection of books — depositories. Should a majority of the electors voting at such elections favor a uniform series of text- books for use in said county, then the county board of education shall meet and select the school text-books for the entire county, and contract for the same under such rules and regulations as the said board of edu- cation may adopt. When a list of text-books has been so selected, they shall be used by all the public schools of said county, except as herein- SCHOOL LAWS OF IOWA 127 after provided, and the board of education may arrange for such depo- sitories as it may deem best, and may pay for said school books out of the county funds, and sell them to the school districts at the same price as provided for in section twenty-eight hundred and twenty-four of this chapter, and the money received from said sales shall be returned to the county funds by said board of education monthly. The boards of school officers, who are hereby made the judges of the school meetings, shall certify to the board of supervisors the full returns of the votes cast at said meetings the next day after the holding of said meetings, who shall, at their next regular meeting, proceed to canvass said votes and declare the result. Unless otherwise ordered by the board of education, the county superintendent shall have charge of such text-books and of the distribution thereof among the depositories selected by the board; he shall render to the board at each meeting thereof itemized accounts of his doings, and shall be liable on his official bond therefor. [28 G. A., ch. 112 ; 25 G. A., eh. 35 ; 23 G. A., ch. 24, § 9.] Notes: 1. A continuous body. The county board of education is a con- tinuous body. 2. Rules. County boards of education should from time to time make such rules and regulations as seem necessary to carry out the purpose and spirit of the law. 3. May not be purchased. Purchases of records, dictionaries, apparatus and similar supplies for the use of the district may not be made by contract under this law, but such articles should be bought with contingent fund, as provided by section 2783. Note 4 to section 2824. 4. Sold direct. The county board of education must cause the books to be sold to the people direct, under such regulations as the board may adopt. 5. Must be used. When a list of text-books has been selected as provided in this section, they must be used by all the public schools of said county, except as provided in section 2 835, notwithstanding the fact that contracts made by boards of school corporations may not have expired. 6. Bonds. Security by bond made payable to the county may be required from depositories. But the fact that the money from sales must be returned to the county funds monthly will lessen the need for as much security as would be necessary if a large sum of money could be held by a, depository for a long time. 7. Depositories. The county board of education should arrange for a sufficient number of depositories to accommodate fully the people of every district in the county. 8. Contingent expense. It will promote an equality of price for the same book in the several counties, if any slight extra expense connected witn securing or handling the books be not added to the contract price, but paid for from the county funds, by the board of supervisors. In this way, the books and supplies may be sold to the people at cost, the same as provided under section 2824, when purchase is made by a district. Note 4 to sec- tion 2825. 9. May not render opinions. It is apparent that there will be many ques- tions arising upon which we cannot venture an opinion. Any matter in which the binding force or validity of a contract is involved, can be de- termined only by the courts of law. 10. Legal adviser. The county attorney is the legal adviser of the county board of education, and he should be freely consulted on questions upon which the board may be in doubt. Code, section 302. 11. By ballot. The vote upon county uniformity must be by ballot. The result of such vote should be duly certified by the judges of election to the board of supervisors the next day after the annual meeting. 128 SCHOOL LAWS OF IOWA 12. Judges. "The boards of school officers" who are made the Judges of election by this section consist of the president, the secretary, and one of the directors as provided for in section 2746. 13. Printing ballots. In order to facilitate matters in holding this elec- tion, the board of education might very properly provide for the printing and distribution of ballots, and make such other arrangements as may be necessary. 14. Board may not contract with book sellers. A school board has no authority to contract with a book seller and pay him out of the con- tingent fund for handling school books. 127 Iowa, 408. Sec. 2833. Proceedings of county board. The county superintendent shall in all cases be chairman of the county board of education, and the county auditor shall be the secretary, and a full and complete record shall be kept of their proceedings in a book kept for that pur- pose in the office of the county superintendent. A list of text-books so selected, with their contract prices, shall be reported to the state super- intendent with the regular annual report of the county superintendent. [25 G. A., ch. 35 ; 23 G. A., ch. 24, § 10.] Note: Who report. The county superintendent will report only the list of books adopted by the county board of education. The superintendents of counties that have not adopted county uniformity as provided in sections 2831 and 2 832 will not make this report. Sec. 2834. Officers not to be agents. It shall be unlawful for any school director, teacher or member of the county board of education to act as agent for any school text-books or school supplies during such term of office or employment, and any school director, officer, teacher or member of the county board of education who shall act as agent or dealer in school text-books or school supplies, during the term of such office or employment, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than ten dollars nor more than one hundred dollars, and pay the costs of prosecution. [25 G. A., ch. 35; 23 G. A., ch. 24, § 11.] Notes: 1. Purpose of the law. The intention of this section is to pro- hibit any of the persons named from engaging in any business in connection with school text-books or supplies, by which his pecuniary interests might be brought in conflict with his official duties. 2. Violation— effect. The fact that a person is subject to the penalties named, for violating the provisions of this section, will not operate to deprive him of his office or position. 3. Who prohibited. School directors, teachers, and members of the county board of education are by this section absolutely prohibited from acting as agents for, or dealers in, school text-books or school supplies. 4. Director as dealer. Code, section 2 834, applies to and prohibits a school director from engaging on his own account in the sale of school books and supplies to the pupils, and is not limited to directors acting as agents of the board under code, section 2824. 130 Iowa, 31. 5. Sale of books- — use of contingent fund. A school board has no author- ity to contract with a bookseller and pay him out of the contingent fund for handling books, where the district does not buy the books for re-sale, but simply arranges with the publishers to place the same with the dealer to be sold by him at a stated price. 127 Iowa, 408. SCHOOL LAWS OF IOWA 129 Sec. 2835. City schools. The provisions of sections twenty-eight hundred and thirty-one, twenty-eight hundred and tliirty-two and twenty-eight hundred and thirty-three of this chapter shall not apply to schools located within cities or towns, nor shall the electors of said cities or towns vote upon the question of county uniformity ; but noth- ing herein shall be so construed as to prevent such schools in said cities and towns from adopting and buying the books adopted by the county board of education at the prices fixed by them, if by a vote of the elec- tors they shall so decide. [25 G. A., ch. 35 ; 23 G. A., eh. 24, § 12.] Notes: 1. Apply to whom. All except sections 2831, 2832 and 2 833 ap- ply to city and town independent school districts, and such districts may purchase books and supplies in the same manner as other districts, under sections 2824 to 2830. 2. How adopt. City and town Independent districts may by a vote of the electors, at a regular meeting or at a special meeting called for that purpose, decide to adopt and use the books adopted by the county board of education. Sec. 2836. Free text-books — question submitted. Whenever a pe- tition signed by one-third or more of the legal voters, to be determined by the school board of any school corporation, shall be filed with the secretary thirty days or more before the annual meeting of the electors, asking that the question of providing free text-books for the use of pupils in the public schools thereof be submitted to the voters at the next annual meeting, he shall cause notice of such proposition to be given in the call for such meeting. [26 G. A., ch. 37, § l.J Notes: 1. Purpose — benefits. These provisions afford all school cor- porations the opportunity to supply free books, so that every child may continuously enjoy the privileges of school. It is believed that if districts will take action in accordance with the spirit of the law, the percentage of attendance at school can be materially increased, and the usefulness of our schools to all the children greatly enhanced. 2. Rules — importance of. Much of the success of free text-books will depend upon the rules and regulations adopted by the board to govern the use and care of such books. The board should take more than the usual pains to adopt plain, comprehensive, and effective rules for the guidance of all concerned. Sec. 2837. Loaning — discontinuance. If, at such meeting, a ma- jority of the legal voters present and voting by ballot thereon shall authorize the board of directors of said school corporation to loan text- books to the pupils free of charge, then the board shall procure such books as shall be needed, in the manner provided by law for the pruchase of text-books, and loan them to the pupils. The board shall hold pupils responsible for any damage to, loss of, or failure to return any such books, and shall adopt such rules and regulations as may be reasonable and necessary for the keeping and preservation thereof. Any pupil shall be allowed to purchase any text-book used in the school at cost. No pupil already supplied with text-books shall be supplied with others without charge until needed. The electors may, at any election called as provided in the last section, direct the board to dis- continue the loaning of text-books to pupils. [26 G. A., ch. 37, §§ 2-6.] 130 SCHOOL LAWS OF IOWA Notes: 1. Success of. As mucli of the success of free text-books will depend upon the rules and regulations adopted by the board to govern the care and use of the books, a board should take more than the usual pams to adopt plain, comprehensive, and effective rules for the guidance of all concerned. 2. Anticipate tax. While the district may contract no debt for the por- chase of books, the board may anticipate the levy and collection of taxes certified under section 282 5, so as to carry out the instructions of the electors without unnecessary delay. Sec, 5028-s. What prohibited. That no bills, posters or other mat- ters used to advertise the sales of intoxicating liquors and tobacco shall be distributed, posted, painted or maintained within four hundred feet of premises occupied by a public school or used for school purposes, provided, however, that nothing in this act contained shall apply to advertisements in newspapers of regular publication distributed to subscribers or purchasers thereof. [30 G. A., ch. 137, § 1.] Sec. 5028-t. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be punished by a fine not exceeding one hundred dol- lars or imprisonment in the county jail not exceeding thirty days. [30 G. A., ch. 137, § 2.] BEQUESTS — CORPORATIONS MAY RECEIVE. Sec. 740. Power to take property by gift or bequest — ^how admin- istered. Counties, cities, towns and school corporations, are authorized to take and hold property, real and personal, derived by gifts and be- quests; and to administer the same through their proper officers in pursuance of the terms of the gift or bequest ; and when made for the establishment of institutions of learning or benevolence, and there is no provision made in the gift or bequest for the execution of the trust, the court having charge of the probate proceedings in the county shall appoint three trustees, residents of said county, who shall have charge and control the same, and who shall continue to act until removed by the court. And they shall give bond as required in case of executors, to be approved in the same manner as in case of executors' bonds, and said trustees shall be subject to the orders of said court. [28 G. A., ch. 23, § 1 ; 26 G. A., ch. 20.] Sec. 1306-b. Amount of indebtedness limited. No county or other (political or municipal corporation, including cities acting under special charters, shall be allowed to become indebted, in any manner or for any purpose, to an amount in the aggregate exceeding one and one- fourth per centum on the actual value of the property within such county or corporation, to be ascertained by the last state and county tax list previous to the incurring of such indebtedness. [28 G. A., ch. 41, § 2.] Notes: 1. For additional indebtedness. See sections 2820-a to 2820-d, below. 2. Warrants in excess of limit — action on. Either a school district or intervening tax-payers may, where the officers refuse to act, defend an ac- tion to recover on warrants of the district on the ground that the same SCHOOL LAWS OF IOWA 131 are in excess of the constitutional limitation, although the officers of the district acted in good faith in creating the debt for which the warrants were issued, and still recognize their validity. 122 Iowa, 99. CHAPTER 185. 33 G. A. PROHIBITING SECRET FRATERNITIES IN THE PUBLIC SCHOOLS. AN ACT to prohibit secret fraternities and societies being formed in the public schools of this state, empowering and making it the duty of school directors to adopt rules and regulations relating thereto and to enforce the same, and making it an offense to solicit pupils to join them and prescribing the penalty therefor. [Additional to chapter fourteen (14) of title thirteen (XIII) of the code, relating to the system of common schools.] Be it enacted "by the General Assembly of the State of Iowa: Section 1. Pupils prohibited from joining or organizing. That from and after the passage of this act it shall be unlawful for any pupil, registered as such, and attending any public high school, district, pri- mary, or graded school, which is partially or wholly maintained by public funds, to join, become a member of. or to solicit any other pupil of any such school to join, or become a member of any secret fraternity or society wholly or partially formed from the membership of pupils attending any such school or to take part in the organization or forma- tion of any such fraternity or society, except such societies or associa- tions as are sanctioned by the directors of such schools. Sec. 2. Enforcement — rules and regnlations. The directors of all such schools shall enforce the provisions of section 1 of this act, and shall have fnll power and authority to make, adopt and modify all rules and regulations which, in their judgment and discretion, ma^'" be neces- sary for the proper governing of such schools and enforcing all the jprovisions of section 1 of this act. Sec. 3. Suspension or dismissal. The directors of such schools shall have full power and authority, pursuant to the adoption of such rules and regulations made arid adopted by them, to suspend, or dismiss any pupil or pnpils of snch schools therefrom, or to prevent them, or any of them, from frradnatinsr or participating in school honors when, after investigation, in the judgment of such directors, or a majority of them, such pupil or pupils are guilty of violating any of the provisions of sec- tion 1 of this act. or who are guilty of violating any rule, rules or regu- lations adopted by such directors for the purpose of governing such schools or enforcini? section 1 of this act. Sec. 4. Rushino- or soliciting — penalty — jurisdiction. Tt is hereby made a misdemeanor for any person, not a pupil of snch schools, to be upon the school grounds, or to enter any school buildinsr for the pur- pose of "rushinsf" or soliciting, while there, any pupil or pupils of such schools to join any fraternitv. society, or association organized out- side of said schools. All municipal courts and justice courts in this state shall have jurisdiction of all offenses committed under this section, and all persons found guilty of such offenses shall be fined not less than 132 SCHOOL LAWS OF IOWA two dollars nor more than ten dollars, to be paid to the city or village treasurer, when snch schools are situated inside of the corporate limits of any city or village, and to the county treasurer, when situated out- side of the corporate limits of any such city or village, or upon failure to pay such fine, to be imprisoned for not more than ten days. CHAPTER 146. 34 G. A. TUITION. AN ACT to provide for the payment of tuition of pupils residing in school corporations which do not offer instruction equivalent to four-year high schools of Iowa. Section 1. Pupils permitted to attend high school outside of home district. Any person of school age, who is a resident of a school cor- poration not offering a four-year high school course and who has completed the course of study offered in such school corporation shall be permitted to attend any high school that will receive him, provided the average cost of tuition allowed shall not exceed the average cost of tuition in the nearest high school, under the conditions and pro- visions of section two (2) of this act. Sec. 2. Applicant to present certificate as to qualification. Any person applying for admission to any high school under the provisions of this act shall present to the officials of said high school a certificate from the president or secretary of the school corporation in which he resides stating that the said applicant is of school age and that he is a resident of said school corporation, which certificate shall be issued on application therefor. He shall also present a certificate signed by the county superintendent showing proficiency in the common school branches, reading, orthography, arithmetic, physiology, grammar, civics, geography. United States history, penmanship and music ; pro- vided however, that such person may be admitted to any grade in such high school upon his passing a satisfactory examination before the officers thereof, or under their direction. Sec. 3. Tuition fee — how paid. The school corporation in which such student resides shall pay to the treasurer of the school corpora- tion in which such student shall be permitted to enter, a tuition fee equal to the average cost of tuition and the average proportion of contingent expenses in the high school department in the latter cor- poration during the time he so attend, not exceeding, however, a total period of four (4) school years. Such payment to be made out of the teachers fund and contingent fund of the debtor corporation. Sec. 4. Refusal or neglect — how collected. If payment is refused or neglected the board of the creditor corporation shall file with the auditor of the county of the pupil's residence a statement certified by its president specifying the amount due for tuition and for contingent expenses respectively, and the time for which the same is claimed; and the auditor shall transmit to the county treasurer an order direct- SCHOOL LAWS OP IOWA 133 ing such treasurer to transfer the amount of such account from the debtor corporation to the creditor corporation, and the treasurer shall pay the same out in accordance therewith. COUNTY HIGH SCHOOLS. Section 2728. How established. Any county may establish a high school in the following manner : When the board of supervisors shall be presented with a petition signed by one-third of the electors of the county as shown by the returns of the last preceding election, request- ing the establishment of a county high school at a place in the county named therein, it shall submit the question, together with the amount of tax to be levied to erect the necessary buildings, at the next general electon to be held in the county, or at a special one called for that pur- pose, first giving twenty days' notice thereof in one or more newspapers published in the county, if any be published therein, and by posting such notice, written or printed, in each township of the county, at which election the vote shall be by ballot, for or against establishing the high school, and for or against the levying of the tax, the vote to be can- vassed in the same manner as that for county officers. Should a majority of all the votes cast upon the question be in favor of establishing such school, and the levying of such tax, the board of supervisors shall at once appoint six trustees, residents of the county, not more than two from the same township, who, with the county superintendent of com- mon schools as president, shall constitute a board of trustees for said high school. [27 G. A., ch. 84, § 1 ; C. '73, § 1697-9, 1701.] Sec. 2729. Trustees— officers. The trustees, within ten days after appointment, shall qualify by taking the oath of civil officers, and giving bond in such sum as the board of supervisors may require, with sureties to be approved by it, and shall hold office until their successors are elected and qualified, who shall be elected at the general election follow- ing. The trustees, then elected, shall be divided into two classes of three each, and hold their office two and four years, respectively, their several terms to be decided by lot ; and in all county high schools hereto- fore established the terms of all trustees thereof shall expire on the first day of January, 1907, and at the general election in 1906 there shall be six trustees elected for each of said county high schools, three of whom shall be elected for two years, and three of whom for four years, and at each general election thereafter three trustees shall be elected for the term of four years ; the trustees so elected to qualify in the same manner and at the same time as other county officers and all vacancies occurring to be filled by appointment by the board of supervisors, the appointee to hold the office imtil the next general election, and a majority of which trustees shall constitute a quorum for the transaction of busi- ness. At the first meeting held in each year, the board shall appoint a secretary and treasurer from their own number, who shall perform the usual duties devolving upon like officers. The treasurer, in addition to his bond as trustee, shall give one as treasurer, in such sum and with 134 SCHOOL LAWS OF IOWA such sureties as may be fixed by the board, and receive all moneys from all sources belonging to the funds of the school, and pay them out as directed by the board of trustees, upon orders drawn by the president and countersigned by the secretary; both of which officers shall keep an accurate account of all moneys reeived and paid out, and at the close of each year, and whenever required by the board, shall make a full itemized and detailed report [31 G. A., ch. 135; C. '73, §§ 1699, 1700, ^S?C4, 1711.] Sec. 2730. Site — ^tax. As soon as convenient after the organization jf the board, it shall proceed to select the best site that can be ob- tained without expense to the county, at the place named in the petition upon which the vote was taken, for the erection of the necessary school buildings, the title to be taken in the name of the county, and shall pro- cure plans and specifications for the erection of such buildings, and make all necessary contracts for the erection of the same, the cost of which, when completed, shall not exceed the amount of the tax so levied therefor. They shall also annually make and certify to the board of supervisors on or before the first Monday of September of each year, an estimate of the amount of funds needed for improvements, teachers' wages and conting-^nt expenses for the ensuing year, designating the amount for each, wliich, in the aggregate shall not exceed, in any one year, two mills on the dollar, upon the taxable property of the county. No expenditures fur buildings or other improvements shall be made, or contract entered into therefor, by said board, involving an outlay of to exceed five hundred dollars in any one year, without the same first being submitted to the electors of the county in which said school be located, for their approval ; the tax to be levied and collected in the same manner as other county taxes, and paid over by the county treasurer in the same manner as stjhool funds are paid to district treasurers. [27 G. A., ch. 84, § 2; C. '73, §§ 1702-3, 1705.] Sec. 2731. Building's — management. Said board shall make no pur- chases, nor enter into any contracts in smy year, in excess of the funds on hand and to be raised by the levy of that year. It shall employ, when suitable buildings have been furnished, a competent principal teacher to take charge of the school, and such assistant teachers as may be necessary, and fix the salaries to be paid them, and in the conduct of the school may employ advanced students to assist in the work. Annual reports shall be made by the secretary to the board of supervisors, which report shall give the number of students, with the sex of each, who have been in attendance during the year, the branches taught, the text-books used number of teachers employed salary paid to each amount ex- pended for library apparatus, buildings and all other expenses, the amount of funds on hand, debts contracted, and such other information as may be deemed important, and this report shall be printed in at least one newspaper in the county, if any is published therein, and a copy forwarded to the superintendent of public instruction. And for their services the trustees shall each receive the sum of tAvo dollars per day for the time actually employed in the discharge of official duties, claims for services to be presented, audited, and paid out of the county SCHOOL LAWS OF IOWA 135 treasury, in the same manner as other accounts against the county. [27 G. A., ch. 84, § 3; C. '73, §§ 1705-6, 1710, 1712.] Sec. 2732. Regulations. The princii)al of any such high school, with the approval of the board of trustees shall make such rules and regulations as is deemed proper in regard to the studies, conduct and government of the pupils ; and any pupil who will not conform to and obey such rules may be suspended or expelled therefrom by the board of trustees. Said board of trustees shall make all necessary rules and regulations in regard to the age and grade of attainments necessary to entitle pupils to admission into the school, and shall, on or before the tenth day of July of each year make an apportionment between the different school corporations of the county, of the pupils that shall attend said school, and shall apportion to each of said school corpora- tions its proportionate number, based upon the number of pupils that can be reasonably accommodated in said school, and the number of pupils of school age, actual residents of such school corporations, as shown by the county superintendent's report last filed with the county auditor, of said county; said apportionment shall be published in the official papers of such county, to be paid for, as other county printing; pupils from the said school coroprations to the number so designated in such apportionment, shall be entitled to admission into said school, tuition free, and none others, and it shall be unlawful to accredit pupils so attending to any other school corporation, than the one in which they are enumerated for school purposes. Should there be more applicants for such admission from any school corporation than its proportionate number, so determined, then the board of directors of such school cor- poration shall designate which of said applicants shall be entitled to so attend. If the school shall be capable of accommodating more pupils than those attending under such apportionment, others may be ad- mitted by the board of trustees, preference at all times being given to pupils desiring such admission, who are residents of the county. The board of trustees shall fix reasonable tuition for such pupils. If such pupils are residents of the county the school corporation from which they attend shall pay their tuition out of its contingent fund. The principal of such high school shall report to the said board of trustees under oath, at the close of each term the names and number of pupils attending such school during said term, from what school corporation they attended, and the amount of tuition, if any, paid by each, the same to be included in the annual report of the secretary of the board of trustees to the board of supervisors, provided for in section twenty- seven hundred and thirty-one (2731) of the code. The tuition so paid to be turned over to the treasurer of the board of trustees to be used in paying the expenses of said school under the direction of said board. [27 G. A., ch. 84. § 4; C. '73, § 1709.] Sec. 2733. Petitions to abolish — election. Whenever citizens of any county having a county high school desire to abolish the same or to dispose of any part of the buildings or property thereof; they may petition the board of supervisors at any regular session thereof in rela- tion thereto, and sections three hundred and ninety-seven (397), three 136 SCHOOL LAWS OF IOWA hundred and ninety-eight (398), three hundred and ninety-nine (399) and four hundred (400) of the code shall apply to and govern the whole matter, including the manner of presenting and determining the suffi- ciency of such petitions and remonstrances thereto so far as applicable. If an election is ordered the same shall be held at the time of the gen- eral election or at a special election called for that purpose and the proposition shall be submitted and the election conducted in the man- ner provided in title six (6) of the code. If any proposition as herein provided be legally submitted and adopted, the board of supervisors is hereby empowered to carry the same into effect. [27 G. A., ch. 84, § 5; C. 73, §§ 1707-8.] Section 1304. Exemptions. The following classes of property are not to be taxed : 1. The property of the United States and this state, including uni- versity, agricultural college and school lands, and all property leased to the state ; the property of a county, township, city, town or school district or militia company, Avhen devoted entirely to public use and not held for pecuniary profit ; municipal, school and drainage bonds or certificates hereafter issued; public grounds, including all places for the burial of the dead, crematoriums, the land on which they are built and appurtenant thereto not exceeding one acre, so long as no dividends or profits are derived therefrom ; fire engines and all imple- ments for extinguishing fires, with the grounds used exclusively for their buildings and meetings of the fire companies — ^shall not be taxed. (33 G. A., Ch. 81; 32 G. A., Ch. 54; 31 G. A., Ch. 48; 29 G. A., Ch. 56, § 1; 26 G. A., Ch. 29; 21 G. A., Ch. 97; C, '73 § 797; K, §711; C, '51, § 455.) ENTRANCE AND EXIT DOORS. Section 4994-a-9. Entrance and exit doors to open outward. ''The entrance and exit doors of all hotels, churches, lodge halls, court houses, assembly halls, theaters, opera houses, colleges and public school houses, and the entrance doors to all class and assembly rooms in all public school buildings, in all cities and incorporated towns, shall open outward." * [33 G. A., ch. 220; 30 G. A., ch. 136.] CHAPTER 128. 34 G. A. FIRE DRILL — COMPULSORY. Sec. 11. Fire drill — exits — ^penalty. It shall be the duty of the state fire marshal and his deputies to require teachers of public and private schools, in all buildings of more than one story, to have at least SCHOOL LAWS OP IOWA 137 one fire drill each month, and to require all teachers of such schools, whether occupying buildings of one or more stories, to keep all doors and exits of their respective rooms and buildings unlocked during school hours. The state fire marshal shall prepare a bulletin upon the causes and dangers of fires, arranged in not less than four divisions or chapters, and under the direction of the executive council shall publish and deliver the same to the public schools throughout the state and the teachers thereof shall be required to instruct their pupils in at least one lesson each quarter of the school year with reference to the causes and dangers of fires. Any teacher failing to comply with the provisions of this section shall be guilty of a misdemeanor and shall be punishable by a fine of not to exceed ten ($10.00) dollars for each offense. [34 Gr. A. ch. 128.] CONSTITUTION OF IOWA ARTICLE 9. 1. EDUCATION AND SCHOOL LANDS. 2. SCHOOL FUNDS AND SCHOOL LANDS. Section 1. Under control of general assembly. The educational and school fund and lands, shall be under the control and management of the general assembly of this state. Sec. 2, Permanent fund. The university lands, and the proceeds thereof, and all moneys belonging to said fund shall be a permanent fund for the sole use of the state university. The interest arising from the same shall be annually appropriated for the support and benefit of said university. Sec. 3. Lands appropriated. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools, which may have been or shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of congress, distributing the proceeds of the public lands among the several states of the union, approved in the year of our Lord one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent as has been or may hereafter be granted by congress, on the sale of lands in this state, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may pro- vide, shall be inviolably approrpriated to the support of common schools throughout the state. Sec. 4. Fines, etc. — how appropriated. The money which may have been or shall be paid by persons as an equivalent from exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws shall be exclusively applied in the several counties in which such money is paid, or fine collected. 138 SCHOOL LAWS OF IOWA among the several scliool districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the sup- port of common schools, or the establishment of libraries, as the board of education shall from time to time provide. Sec. 5. Proceeds of lands. The general assembly shall take meas- ures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved, or granted by the United States, or any person or persons to this state, for the use of the univer- sity, and the funds accruing from the rents or sale of such lands, or from any other siuree for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of said university, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university. See. 6. Agents of scliool funds. The financial agents of the school funds shall be the same that, by law, receive and control the state and county revenue, for other civil purposes, under such regulations as may be provided by law. Sec. 7. Distribution. The money subject to the support and main- tenance of common schools shall be distributed to the districts in pro- portion to the number of youths, between the ages of five and twenty- one years, in such manner as may be provided by the general assembly. An act providing for a different method of distribution of the school fund, held unconstitutional as in conflict with the above section. Dist. Tp. v. County Judge, 13 Iowa, 250. STATE BOARD OF EDUCATION. 33 G. A., Chapter 170; 34 G. A., Ch. 132. Section 1. State board of education. The state university, the col- lege of agriculture and mechanic arts, including the agricultural ex- periment station, and the State Teachers' College at Cedar Falls, and the College for the Blind at Vinton, shall be governed by a state board of education consisting of nine members and not more than five of the members shall be of the same political party. Not more than three alumni of the above institutions and but one alumnus from each institu- tion may be members of this board at one time. Sec. 3. Meeting's. The board shall meet four times a year. Special meetings may be called by the board, by the president of the board, or they may be called by the secretary of the board, upon the written request of any five members thereof. See. 4. Powers and duties — organization. The state board of edu- cation shall have power to elect a president from their number; a ■president and treasurer for each of said educational institutions, and professors, instructors, officers, and employes, to fix the compensation to be paid to such officers and employes ; to make rules and regulations for the government of said schools, not inconsistent with the laws of SCHOOL LAWS OF IOWA 139 the state ; to manage and control the property, both real and personal, belonging to said educational institutions; to execute trusts or other obligations now or hereafter committed to the institutions; to direct the expenditure of all appropriations the general assembly shall, from time to time, make to said institutions, and the expenditure of any other moneys ; and to do such other acts as are necessary and proper for the execution of the powers and duties conferred upon them by law. Within ten days after the appointment and qualification of the members of the board, it shall organize and prepare to assume the duties to be vested in said board, but shall not exercise control of said institutions until the first day of July, A. D. one thousand nine hundred nine (1909). Sec. 5. Board of regents and boards of trustees abolished. The board of regents and the boards of trustees now charged with the government of the state university, the college of agriculture and mechanic arts, and the normal school, shall cease to exist on the first day of July, A. D. 1909, and, on the same date, full power to manage said institutions, as herein provided, shall vest in the said state board of education. Nothing herein contained shall limit the general supervision or examining powers vested in the governor by the laws or constitution of the state. Sec. 6. Finance committee — officers — duties — term. The said board of education shall appoint a finance committee of three from outside of its membership, and shall designate one of such committee as chair- man and one as secretary. The secretary of this committee shall also act as secretary of the board of education and shall keep a record of the proceedings of the board and of the committee and carefully pre- serve all their books and papers. All acts of the board relating to the management, purchase, disposition, or use of lands or other property of said educational institutions shall be entered of record, and shall show who are present and how each member voted upon each proposi- tion when a roll call is demanded. He shall do and perform such other duties as may be required of him by law or the rules and regulations of said board. Not more than two members of this committee shall be of the same political party and its members shall hold office for a term of three years unless sooner removed by a vote of two-thirds of the mem- bers of the state board of education. Sec. 7. Qualification. Each member of the board and each member of the finance committee shall take oath and qualify, as required by section one hundred seventy-nine (179) of the code. The members of the finance committee, before entering upon their official duties, shall each give an official bond in the sum of twenty-five thousand dollars ($25,000), conditioned as provided by law, signed by sureties approved by the governor and, when so given, said bonds shall be filed in the office of the secretary of state. Sec. 9. Business office — employes — monthly visitation. A business office shall also be maintained at each of the three educational institu- tions, and the board shall hire such employes as may be necessary to assist the said finance committee in the performance of its duties, and shall present to each general assembly an itemized account of the ex- pendituros of snid committee. Thf members of the fiunncp committee 140 SCHOOL LAWS OF IOWA shall, once each month, attend each of the institutions named for the purpose of familiarizing themselves with the work being done, and transacting any business that may properly be brought before them as a committee. Sec. 19. Bienmal report. The board shall make reports to the gov- ernor and legislature of its observations and conclusions respecting each and every one of the institutions named, including the regular biennial report to the legislature covering the biennial period ending June 30th, (preceding the regular session of the general assembly. Said biennial report shall be made not later than October 1st, in the year preceding the meeting of the general assembly, and shall also contain the reports which the executive officers of the several institutions are now or may be by the board required to make, including, for the use of the legis- lature, biennial estimates of appropriations necessary and proper to be made for the support of the said several institutions and for the extra ordinary and special expenditures for buildings, betterments and other improvements. That all the powers heretofore granted to and exercised by the board of control over the College for the Blind are hereby trans- ferred to the State Board of Education and the State Board of Educa- tion is authorized and empowered to take charge of, manage and con- trol said College for the Blind. THE STATE COLLEGE OP AGRICULTURE AND MECHANIC ARTS. Act of Congress, July 2, 1862. AN ACT donating public lands to the several states and territories wWcli may provide colleges for the beneflt of agriculture and mechanic arts. Section 1. That there be granted to the several states for the pur- pose herienafter named, an amount of the public land, to be appor- tioned to each state, a quantity equal to thirty thousand acres for each senator and representative in congress to which the states are respec- tively entitled, by the apportionment under the census of 1860; pro- vided, that no mineral lands shall be selected under the provisions of this act. See. 2. That the land aforesaid, after being surveyed, shall be ap- portioned to the several states in sections or sub-divisions of sections, not less than one-quarter of a section ; and whenever there are public lands in a state subject to sale at private entry at one dollar and twenty- five cents per acre, the quantity to which said state shall be entitled shall be selected from such lands within the limits of such state, and the secretary of the interior is hereby directed to issue to each of the states in which there is not the quantity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre, to which said state may be entitled under this act, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said states and the proceeds thereof to be applied to the uses and purposes prescribed in this act, and for no other purpose whatever; provided, that in no case shall anv stat^ to which land serin mav thus SCHOOL LAWS OF IOWA 141 be issued, be allowed to locate the same within the limits of a,ny other state, or of any territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at one dollar and twenty- five cents or less per acre ; and provided further, that not more than one million acres shall be located by such assignees, in any oae of th'fe states ; and provided further, that no such location shall be made before one year from the passage of this act. Sec. 3. That all the expenses of management, superintendence, and taxes from date of selection of said lands previous to their sale, and all the expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the state to which they may belong, out of the treasury of said state, so that the entire proceeds of the sales of said lands shall be applied without any diminution whatever to the purposes hereinafter mentioned. Sec. 4. That all moneys derived from the sale of the lands aforesaid by the states to which the lands are apportioned, and from the sale of land scrip hereinbefore provided for, shall be invested in the stocks of the United States, or of the states, or of some other safe stocks, yield- ing not less than five per centum upon the par value of said stocks ; and that the money so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section fifth of this act), and the interest of which shall be inviolably appropriated by each state, which may take and claim the benefit of this act, to the endowment, support, and maintenance, of at least one college, where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the states may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and profes- sions of life. [Chapter 108, Statutes at Large, 47th Congress, approved April 26, 1882, amends this section "so as to permit the state of Iowa, which has provided a college in accordance with this act, to loan endowment fund belonging to said college, upon real estate security, under such rules and regulations as the general assembly shall ihereafter provide."] Sec. 5. And he it further enacted, that the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several states shall be signified by legislative acts: First. If any portion of the fund invested as provided by the fore- going section, or any portion of the interest thereon shall, by any action or contingency, be diminished or lost, it shall be replaced by the state to which it belongs, so that the capital of the fund shall remain forever undiminished, and the annual interest shall be regularly applied, with- out diminution, to the purposes mentioned in the fourth seciton of this act, except that a sum not exceeding ten per centum upon the amount 142 SCHOOL LAWS OP IOWA received by any state under the provisions of this act may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said states. LAWS OF IOWA. Sec. 2645. Grant accepted. Legislative assent is given to the Dur- poses of the various congressional grants to the state for the endow- ment and support of a college of agriculture and mechanic arts, and an agricultural experiment station as a department thereof, upon the terms, conditions and restrictions contained in all acts of congress re- lating thereto, and the state assumes the duties, obligations and respon- sibilities thereby imposed. All moneys appropriated by the state be- cause of the obligations thus assumed, and all funds arising from said congressional grants, shall be invested or expended in accordance with the provision of such grant, for the use and support of said college located at Ames. [24 G. A., ch. 6 ; 20 G. A., ch. 76, § 1 ; C. 73, § 1604; R., § 1714.] Sec. 2648. Courses of study. There shall be adopted and taught practical courses of study embracing in their leading branches such as relate to agriculture and the mechanic arts, and such other branches as are best calculated to thoroughly educate the agricultural and in- dustrial classes in the several pursuits and professions of life, including military tactics, and, as a separate department, a school of mines, in which a complete course in theoretical and practical mining in its dif- ferent branches shall be taught. [25 G. A., ch., 107; 20 G. A., ch. 27; C. '73, § 1621.] Sec. 2649. Tuition — admission. Tuition in the college herein es- tablished shall be forever free to pupils from the state over sixteen years of age, who have been residents of this state six months previous to their admission. Each county in this state shall have a prior right to tuition for three scholars from such county ; the remainder, equal to the capacity of the college, shall be by the trustees distributed among the counties in proportion to the population, subject to the above rule. Transient scholars otherwise qualified, may at all times receive tuition. [C. 73, § 1619.] Note: Reports. See also section 2682-b, page 125. Sec. 2673. Sale of liquors. No person shall open, maintain or con- duct any shop or other place for the sale of wine, beer or spirituous liquors, or sell the same at any place within a distance of three miles 'from the agricultural college and farm; provided, that the same may be sold for sacramental, mechanical, medical or culinary purposes ; and any person violating the provisions of this section shall be punished on conviction by any court of competent jurisdiction, by a fine not exceed- ing fifty dollars for each offense, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprison- ment. [C. 73, § 1620.] SCHOOL LAWS OF IOWA 143 THE NORMAL SCHOOL. Sec. 2675. Board of trustees — officers. The normal school at Cedar Falls, for the special instruction and training: of teachers for the com- mon schools, shall be officially desigriated and known as the Iowa State Teachers' College. The treasurer shall give bond in the sum of twenty thousand dollars, with good and sufficient sureties, to be filed with and approved by the secretary of state, which bond shall be conditioned for the safe keeping and proper disbursement of all money coming into his hands by virtue of his office. [33 G. A., ch. 17 ; 16 G. A.', ch. 129, §§ 1, 4.] See. 2676. Powers of board — admissions — fees. The board shall have power to employ a sufficient number of suitable and competent teachers and other assistants ; fix their compensation ; make all neces- sary rules and regulations for the management of the school, the admis- sion of pupils from the several counties in the state, giving to each county its proper representation therein in proportion to the population thereof, and to all teachers in the state equal rights, requiring that each one received as a pupil shall furnish satisfactory evidence of good moral character and the honest intention of following the business of teaching school in the state ; and make such arrangements as it may for the lodging and boarding of pupils, which shall be paid for by them. It maj^ charge a fee for contingent expenses not to exceed one dollar monthly, and a tuition fee of not more than six dollars a term, if neces- sary for the proper support of the institution, and shall determine what part of the year the school shall be open, its sessions to continue, how- ever, for at least twenty-six weeks of each year. [17 G. A., ch. 142, § 2 ; 16 G. A., ch. 129, § 5.] Sec. 2677. Branches of study. Physiology and hygiene shall be in- cluded in the branches of study regularly taught to and studied by all pupils in the school, and special reference shall be made to the effect of alcoholic drinks, stimulants and narcotics upon the human system, and the board shall provide the means for the enforcement of the pro- visions of this section and see that they are obeyed. [25 G. A., ch. 1, § 1.] Sec. 2678. Contract with school districts. The board may contract with the board of directors of the school toAvnship or independent dis- trict in which the school is situated, and those contiguous thereto, for a period not exceeding two years at a time, to receive the pupils thereof into the State Teachers' College and furnish them with instruction, payment therefor to be made out of the teachers' fund of such town- ships or districts, which shall not exceed fifty cents, weekly, for each pupil; the contract to be in writing, and a copy filed with the county superintendent. [25 G. A., ch. 40, §§ 1-3.] Sec. 2679. Teachers' reports — tuition. If such a contract is entered into, all reports required by law to be made to the board of directors of such township or districts and the county superintendent, by the teachers thereof, shall be made by the principal of the normal school, and all sums paid for tuition shall go to its contingent fund. [Same, §§ 3, 4.] 144 SCHOOL LAWS OF IOWA Sec. 2680. Report to governor. The board shall biennially, through its secretary, make a detailed report to the governor of its proceedings during the preceding two years, which report shall show the num- ber of teachers employed, the compensation of each, the number of pupils and classification, an itemized statement of receipts and ex- penditures, and such further information with such recommendations Sec. 2682-b. Reports — what to contain. That the secretary of the state university, the secretary of the state college of agriculture and mechanic arts, and the secretary of the State Teachers' College be re- quired hereafter to make report to each general assembly within three days after the said general assembly shall have convened. Said reports shall show in plain manner the amount available each fiscal year from state appropriations and all other sources, for the erection, equipment, improvement and repair of buildings, also the funds received from state appropriations, interest on endowment funds, tuition, laboratory fees, janitor fees, donations, rent of lands and from all sources what- soever, going to affect the annual income of the support funds of said institutions. Any appropriation of funds received for any special pur- pose whatsoever shall also be reported. Hospital receipts and sales of departments shall be listed separately. The report shall show how the moneys thus received were expended, giving under separate heads the cost of instruction, administration, maintenance and equipment of departments, and the general expenses of the institutions. It shall clearly state the number of professors, instructors, fellows and tutors, and the number of students enrolled in each course during each year of the biennial period. Students attending the short courses shall be reported separately. The amount of unexpended balances of depart- ments, remaining in the hands of the treasurer, and the amounts un- drawn from the state treasury on the thirtieth of June of the last year of the biennial period shall be given. The report of the secretary of the state college of agriculture and mechanic arts shall also show the receipts of the experiment station from all sources for each fiscal year and how. such funds were expended. [33 G. A., ch. 170; 30 G. A., ch. 104.1 , , , , INDEX TO SCHOOL LAWS Note — The subject heads of this index are arranged in perfect alphabetical order; the sub- heads nearly so. The principal word of reference occurs first in order and the words that follow it refer either to the subject head or to the principal word of reference as the sense requires. Accounts — Attendance in another corporation. .-2803 Audited by Board 2780 Bonds sold, kept by Treasurer 2812-f County Board of Education, kept by 2833 County Auditor, kept by 2808 Expenditures of finance committee.. Ch. 170, Page 13J, Sec. 9 Institute Fund, of 2738 Secretary, by 2761 Treasurer, by 27e8 Trustees County High School by 2729 Accredited High Schools- Appropriation for inspector of 2634-d2 Appropriation for ..2634-d6 Certificate of graduation issued 2631~dD Conditions of admission to, pre- scribed ■ 2634-d3 County or township school given preference 2634-c Course of study in 2634-c Examination, fee for 2e34-d4 Examination conducted by Co. Supt.2634-d4 Examinations for graduation from..2634:-d4 Inspector appointed by State Supt..2G34-d2 Normal training in, consists of what-2C34-c Private school eligible as 2634-d State aid to, how given r634-dl Train teachers for rural schools 2(:34-c Acre — Site by condemnation, may or may not exceed 2814 Adjournment- Less than quorum of Board may adjourn 2771 Advertisement — Bids for purchase of text-books 2828 Bids for erection of schoolhouse, $300 or over 2779 Intoxicating liquors and tobacco, forbidden 5028-s p. 130 10 Affidavit — Appeal, consists of what 2818 Basis of appeal 2818 Sets forth errors complained of 2818 Time for filing 2818 Age- Free attendance, for 2773 Persons compelled to attend school.2823-a Scholar, of 2804 Scliolars in attendance 2789 Voter at school meeting 2748 Agricultural College, see State College of Agriculture and Mechanic Arts — Alcoholic Drinks and Narcotics — ElTects of, taught in Normal School.2677 Examination of teacher upon 2734-d County Supt.must report regarding.2739 Law regarding teaching, enforced. ..2740 Instruction as to effects 2775 Annual Meeting — Board shall present statement at 2780 Change of textbooks illegal unless directed at, when 2829 Free text-books, submitted at 2836 Free text-books, voted at 2837 Free text-books, discontinued at 2837 Instructions at, obeyed by Board.-.2778 .Judgment tax voted at 2811 Notice of, posted .2746 Officers of 2746 Text-books, change of, directed at-2749 Time of, second Monday, March 2716 Voting must be by ballot 2749-2754 Voters at, who are 2747 Apparatus — Expenditure for, in Co. High School.£731 Purchase of, with contingent fund.. 2783 Value of, reported by secretary 2765 Value of reported to Governor 2625 146 SCHOOL LAWS OF IOWA A — Continued Appeal- Affidavit, basis of 2818 Costs of, taxed to appellant, wheii-2821 Costs of, transcript of, filed 2821 Co. Supt. notifies secretary of 2819 Decision on, final, when 2819 From decision of arbitrators 2802 From decision of County Supt 2623 Hearing and decision by Co. Supt. -.2819 Judgment for money not rendered on 2820 Persons interested, notified of 2819 Taken to State Supt., when 2820 ■ Time of hearing fixed 2819 Secretary to send up transcript on__2819 Witnesses at, attendance compelled- -2821 Witnesses at, subpoenas issued for_.2821 Witnesses at, fees 2821 Appointment — Assistants at examination by Co. Supt. 27S4-C Assistant examiners 2629 Board of Educational Examiners, two members 2628 Deputy by Co. Supt. 2734-b Deputy by State Superintendent 2621 Judges of election, annual meeting— 2746 Judges of election in precincts 2756 Normal Institute, time and place 2622 Officers at subdistrict meeting 2751 President and secretary pro tem 2772 Qualifications necessary for 2748 Secretary, independent district, who eligible 2748 Vacancies, County High School Trustees 2729 Vacancies in Board, to fill 2758 Vacancies, vote to fill by ballot 2771 Apportionment; see Semi- Annual Appor- tionment. Appraisers, see Referees. Appropriations- Estimates of, for educational insti- tutions Ch. 170, P. 140 Sec. Arbitrators — Appeals from decision of Decision of, in writing Selected by Boards, when -2802 -2802 .2802 Assets and Liabilities — Divided on dissolution of consolid- ated district 1 2794-a5 Equitable division by Board 2802 Attendance — Age for 2804 Compulsory 2823-a Contracts wth other Boards for 2774 County High School at 2733 Pree to actual residents 2773 In another corporation 2803 Nonresidents 2804 Normal School, at 2676 Register of, for each scholar 2789 School for, determined by Board 2773 Transportation expense in 2774 Auditor; see County Auditor. Auditor of State — Report to, from State. Superintend- ent 2625 Warrant, institute appropriation, is- sued by 2626 Warrant, salary, expenses, State Superintendent 2627 Warrant, subscription to educational paper 2624 Ballot- Directors elected by 2754 Director for subdistrict, elected by— 2751 Election in precincts, must be by 2755 Pree text-books authorized by 2837 Independent district, formation of, vote by ..2794 Independent district, united, vote by 2799 Officers of Board elected by 2757 Organization, consolidated independ- ent district by . 2794-a Rural independent district to orga- nize by 2797 Rural Ind. Dist. united into school townships, vote by 2800 Vacancies in Board, filled by 2771 Voters vote by, for consolidated district 2794-a Voters vote by, to dissolve con- solidated district 2794-a5 Ballot Box- Provided for each precinct 2756 Separate, provided for women 2747 note Separate for voters, when provided-2794-a Barbed Wire — County Superintendent shall en- force law 2740 Use of for inclosurc, prohibited 2817 Use of within ten feet, prohibited-— 2817 Use of, penalty 2817 Bequests — Accepted by school corporations 740, P. 130 Bible- Child not required to read 2805 Not to be excluded from school 2805 SCHOOL LAWS OF IOWA 147 Blind Persons- Reported by County Superintendent-2739 Eeported to County Superintendent— 2765 Board of Directors — Advertise before adopting text- books 2828 Advertise before contracting to build 2779 Arbitrators appointed by, on dis- agreement 2803 Assets and liabilities, shall divide--2802 Attendance of nonresidents, fixes terms ..2804 Audit all claims 2780 Barbed wire, use prohibited 2817 Bonds for erecting, etc., may issue 2812-d Bonds filed with president 2760 Bonds, shaU certify tax to pay 2813 Bonds maturing, may issue bonds for 2812-c Bonds of secretary and treasurer...27C0 Bonds, issue for judgment debt 2812-c Books and apparatus, may pur- chase 2783 Books and supplies, keep for sale.. .2824 Boundaries, may change 2793 Boundaries of Ind. Dist. may estab- lish 2794 Boundaries of subdistricts, may change 2801 Certificate, shaU pay no person without 2788 Certify taxes to Board of Super- visors 2794- al Civil township, how chosen in 2790 Compensation, See. and Treas. fixed 2780 Compensation, no member to re- ceive. 2780 Consolidated Ind. Dist., election of-27'c4-a Counsel, may employ 2759 County Supt. cannot be member.. .2734 Course of study prescribed by 2772 Election directors, shall give notice.2795 Election of, in school townships-2751-2732 Election of, in independent dist- ricts 2754-2756 Election, shall call for dlssolution-.2794-a5 Elect teachers and make contracts. .2778 Free text-books, shall arrange for.. 2837 Financial statement, publication of-2781 Graded or union schools, establish.2776 General supervision, may select per- son for 2776 Industrial exposition, may hold 2786 Instructions of annual meeting, shall obey 2778 Judgment tax, paid from proper fund 2811 Kindergarten department, may es- tablish 2777 Levy taxes in consolidated districts-2794-al Levying tax, shaU submit question-2794-a4 Location of school, may submit question 2794-a4 Make rules regarding secret fraterni- ties Ch. 185, P. 131, Sec. 2 Meetings of 2757 Members on, in school townships..- 2752 Members on, in Ind. districts 2754 New rural independent district, for.2797 Number of schools determined by 2773 Organization of, in independent dis- tricts _ 2795 Organization of, when effected 2794-al Proceedings of, recorded by secre- tary 2761 Period school held, determined by-.2773 President of, duties of 2759 President or secretary of, pro tem..i772 Performance of duties, required by.2772 Qualifications for member of 2748 Qualifications of members of 2758 Quorum of 2771 Referees' assessment, shall deposit„2815 Referees' assessment, shall pay cost-2815 Rules and regulations made by 2772 Rent room, teacher for 10 scholars.-2774 Secretary of, duties of 2761-2767 Site for schoolhouse, fixed by 2773 Site for schoolhouse may take 2814 School, scholar shall attend, fixed by 2773 Stimulants, effect of, require instru- tion 2775 Schoolhouse, consult Co. Supt. be- fore building 2779 Statement by, receipts and expendi- tures 2780 Scholar, may expel 2782 Scholar, may readmit 2782 School property may insure 2783 School Township divided into sub- districts by 2801 Subdirector authorized to contract by 2785 Subdivision of district by 2798 Shade trees, shall set out 2787 Suitable school building, must pro- vide .2794-a4 Territory, may consent to attach.. .2791 Territory restored by consent of, and Co. Supt. 2792 Taxes, shall estimate 2806 Taxes, shall certify for new dis- trict 2794 Tax to pay judgment, shall certify-2811 Tax, must apportion among subdis- tricts 2806 Tax to pay bonds or interest, pro- vide 2813 Text-books, may adopt and pur- chase — . 2824 Text-books, advertise for bids on 2828 Text-books, may loan to scholars. .2783 Term of 2754-2745 148 SCHOOL LAWS OF IOWA B — Continued Transportation to and from school provide . ..2794-a2 Transportation, designate route traveled 2794-a2 Transported, children may be by parent, when 2794-a2 Transportation, compensation al- lowed for , 2794-a2 Transportation, unreasonable dist- ance, for 2794-a2 Transportation, may suspend, when-2794-a2 Transportation contract must be in writing . 2794-a3 Treasurer of, duties of 2768-2769 Transportation of children, paid by.2774 Treasurer, settlement with 2780 Teacher, may discharge for cause._2782 Teacher, may be empowered by, to temporarily dismiss scholar 2782 Unite districts, may 2800-2799 Vacancy in, filled by appointment— 2758 Vacancy in, filled by ballot 2771 Visiting schools, provides for 2782 Water-closets, special attention to— 2784 Board of Education, see State Board of Education. Board of Educational Examiners- Amount of moneys, shall keep de- tailed acct. of 2633 Certificates of graduates, may issue-2634-f Certificates or diploma, may revoke-2631 Certificates of other states may validate 2630-c Compensation of members of 2634-a Composed of whom 2628 Compensation of assistants 2634-a Examinations, hold two annually.._2629 Examination, shall require fee for..2631 Library books, shall prepare list of— 2823-p Moneys, shall pay to state treasury.2631 President is Supt. of Public Inst. ..2628 Eecord of proceedings, shall keep 2629 Register of certificates, shall keep.^630-b Eules and regulations, adopt 2629 Special primary certificates, may grant 2630-b Special certificates, may grant 2630-b State certificates and diplomas, issue 2629 Board of Regents, State University, Abolished —33 G. A. Ch. 170, P. 139 Board of Supervisors — Additional compensation to Co. Supt. 2742 Board certifies amount of taxes tO— 2794-al Bond of trustees, require 2729 County High School, appoint trus- tees 2728 County High School, fill vacancies. -2729 County High School, submit ques- tion 2728 County Supt., shall not be member.. 2734-b County Board of Education, includ- ed in 2831 Funds for institute, may appro- priate 2738 Levy special subdistrict tax 2753 Levy tax for new Independent dis- trict : 2706 Levy tax for school funds 2807 Levy county tax 1:807 Levy tax to pay, bonds due 2818 Levy tax to build 2731 Levy tax in consolidated ind. dis- trict, when 2794-al Room for Co. Supt., shall provide-2734-e Board of Trustees, County High School — Annual reports, shall make 2731 Classes of, three 2729 Compensation of members of 2731 Election of 2729 Funds needed, shall estimate 2730 Funds, no purchase in excess of.._2731 President of, is Co. Supt 2728 Qualify by taking oath 2729 Rules and regulations, shall appro ve_2732 Secretary and treasurer, shall ap- point 2729 Site for schooliouse, shall select 2730 Students of county, no charge 2732 Students, may admit outside county 2732 Teachers, shall employ 2731 Who constitute 2728 Board of Trustees of Normal School — Abolished 33 G. A. Ch. 170, P. 139 Board of Trustees, Agricultural College Abolished 33 G. A. Oh. 170, P. 139 Bond, of Person — Action on, brought by president 2760 Action on, of publishers 2827 Contractor, furnishing books and supplies 2830 Contractor to build, of 2779 Filed with president 2760 Finance committee, by members of 33 G. A. Ch. 170, P. 139 Members of Finance Committee give Ch. 170, P. 139, Sec. 7 Person keeping books and supplies. -2824 Secretary and treasurer of board, give 2760 Surety companies, accepted on 2830 Trustees County High School, give--2729 Bonds Issued for School Purposes- Engraving and printing paid 2812-e SCHOOL LAWS OP IOWA 149 Excess of $400,000 in, may run 20 years - 2812-e Forms of 2812-e Indebtedness, board issue to pay... 2812-c Interest on, vote of 2812-e Judgment, to pay 2812-c Notice, not voted without 2746 Paid in order of numVier 2812-f Par value, not sold under 2812-e Redemption of 2812-f Registration 2812-e School building, issue of 2812-d School funding, issue of 2812-c Signed by president and secretary— 2812-e Tax to pay on interest, limit 2813 Time to run 2812-e Vote on issuance, majority 2820-d Books, see Textbooks. Canvass of Votes Annual meeting of voters, at 2746 Annual subdistrict meeting 2751 Consolidated corporation, organiza- tion 2794-a County High School, to establish— 2728 County uniformly, when voted on— 2832 Election precincts in 2756 Independent district, formation of..2795 Officers of the Board, for 2757 Record of, kept by secretary 2761 Vacancy among officers or mem- bers 2771 Certificate of Admission — Admission to High School, qualifica- tions Ch. 146, P. 132, Sec. 2 Certificate of Election- Directors, elected to — 2746-2756 Directors of subdistricts to 2751 Certificate of Teacher-County— Examination for 2734-c-2734-n Fee for -.2734-p For life, lapse when 2734-kl Graduation from accredited High School 2634-d5 Graduation from High School, ex- changed for county 2634-d5 Renewed for life, how 2634-hl Renewal of, fee for 2634-h Revocation of 2734-u Registration of 2734-q Special studies for 2734-e Teacher, not employed without 2788 Term of 2734-j-2734-t Third grade, issued for one year 2734-1 Valid for two years, when 2734-h Boundaries — Alteration of, in subdistricts 2801 Changed by attaching territory 2791 Changed by restoring territory 2792 Changes In, copy of, delivered '2801 Changes of, in subdistricts, take effect .2801 Consolidated corporation of 2794-a Contiguous corporation, of 2793 Description of, recorded In records-.2801 Divisions for attendance 2773 Independent district established 2794 Independent district, subdivision of-27G8 „ Independent districts, uniting 2799 Subdistricts conform to congression- al division 2801 Subdistricts school township divided.2801 Branches of study- Added to course by voters 2749 Determined by Board 2772 Certificate or Diploma-State— Fee for 2631 Graduates of accredited colleges - 2634-f-2634-g Granted upon examination 2629 Primary teachers, granted to 2630-b Registration of 2734-q Revocation of 2631-2734-u Subjects of examination for 2629-2734-d Validated for Life, Lapse 2734-kl Chairman- Annual meeting, president of Board is —2746 Board educational examiners. State Supt. 2628 Board trustees, County High School-2728 County board education, Co. Supt. 2833 Temporary, appointed when 2772 President of Board at board meet- ings 2759 Subdistrict, meeting of _ 2^1 Change of Boundaries, see Boundaries. Charts- Purchased with contingent fund 2783 Child, see Scholar. City and Town Districts, see Ind. School Districts. Civil Township- Constitutes a school township 2790 Lines not bar to attaching territory-2791 Lines not bar to change boundaries.. 2793 Meetings of Board held in 2757 Name applied to school township. .2744 Rural Ind. districts of, united 2800 150 SCHOOL LAWS OF IOWA C — Continued Claims- Audited and allowed by Board 2780 Damages for condemnation of site— 2815 Expenses of Board of Educational Examiners 2634-a Expenses of Co. Supt. filed 2742 Expenses incurred, kept by secretary-2761 Traveling expenses Co. Supt 2734-b Traveling expenses, State Supt 2627 Clerk of Election- Annual meeting, secretary acts 2746 Annual meeting, secretary records vote 2761 Appointed in each precinct —2756 Subdistrict meeting, chosen by vot- .2751 College for the Blind- How governed.-Ch. 170, P. 138, Sec. 1 Compensation — Board educational examiners 2634-a County Superintendent 2742 Inspector, accredited High School— 2334-d2 Member of Board receives none 2780 Officers and employes, educational institutions— Ch. 170, P. 138, Sec 4 Persons keeping supplies for sale 2824 Referees 2815 Registrars 2755 Schoolhouse site condemned 2815 Secretary and treasurer of Board— .2780 Supt. of Public Instruction 2627 Teachers, paid to 2778 Teacher without certificate, not paid 2788 Trustees County High School 2731 Witness in appeal 2821 Compulsory Education- Attendance entire school year, when_2823-a Children subject to 2823-a Enforced, how 2823-f School census for 2823-1 Teachers and officers, duties of 2823-g Truant officers, appointment and duties . ; 2823-e Concurrent Action — Board and Co. Supt. attaching territory 2791 Board and Co. Supt. restoring ter- ritory 2792 Board and Co. Supt. where children attend 2803 Boards on terms of attendance 2803 Boards attaching territory, Ind. Dist. 2798 Boards changing boundary lines 2793 Boards uniting ind. districts 2799 Boards restoring territory 2792 Condemnation — School site or public road 2815 Conductor of Institute, see Teachers' Normal Institute. Consolidated Independent School Districts- Assets and liabilities of, divided 2794-a5 Board of, shall organize when 2794r-al Board shall call election for 2794-a Contracts for transportation in 5794-a3 Contain not less than 16 sections 2794-a Dissolution of, election for 2794-a5 Location of school, submitted to voters 2794^a4 Penalty, violating transportation rules 2794-a6 Petition for, signed by one-third electors 2794^a Petition for dissolution of 27i:4-a5 School building for, Board pro- vides 2794-a4 School located in city limits 2794-a4 Tax for school building in 2794-a4 Taxes for, limit of 2794-al Transportation of scholars in 2794-a2 Consolidation of Districts- Independent districts, may unite 2799 Rural independent districts unite 280O Contingent Fund, see Eunds. Contracts — Adoption of text-books 2824 Advertisement to build exceeding $300- 2779 Between Boards regarding attend- ance 2803 Board may for instruction of chil- dren 2774 Board may make when directed 2778 Director of subdistrict, may make_-2785 Director of subdistrict, by president approves 2785 Lowest bidder, by, to build 2779 President must sign 2759 Teacher's, must be in writing 2778 Teacher's filed with secretary 2778 Text-books by Board or Co. Board_-2830 Transportation of scholars, for 2774, 2794-a4 Trustees, County High School, by— 2731 Convention — State Supt. may call, of Co. Supts— 2622 Expenses, Co. Supt. receives 2742 Corporate Name — School districts, of 2744 Corporation, see School District. Corporations — Limits, how changed — 2793-2793-a Bequests, may accept 740, P. 117 SCHOOL LAWS OF IOWA 151 Costs- Appeal, taxed to party responsible_-2821 Prosecution of school officer, of 2834 Referees, assessment paid by dis- trict 2815 Counsel- May be employed by Board 2759 County- Action by, against Co. Supt 2741 Attendance from adjoining, anowed-2S03 Lines not bar to attaching territory.2791 Territory set off, restored 2792 Uniformity of textbooks in 2832 County Attorney — Action, brings at request Co. Supt..2740 Assists Co. Supt., enforcing laws— 2740 County Auditor- Certifies interest on school funds 2809 Certifies qualifications of Co. Supt--2803 Deducts tuition from apportionment-2803 Estimates, transmits to State Supt..2823-j Member Co. Board Education 2831 Notifies president of apportionment.-SOS Pays money to County Trcasurer.-2823-l Records changes in subdistrict boundaries 2801 Reports to Auditor of State, sales--2823-l School laws, keeps for sale 2823-k Secretary of Co. Board of Educa- tion 2833 Semi-annual apportionment, makes.2808 Statement 6f Co. Supt., filed with.-2742 County High School — Any county may establish 2728 Abolish, how 2733 Apportionment of students to 2732 Board of Supervisors submits ques- tion 2728 Building not to exceed amount voted 2730 Outlay on, submitted to voters 2730 President of trustees is Co. Supt 2728 Petition and election to abolish 2733 Rules and regulations made for 2732 Students of, may be expeUed 2732 Students, other counties, admitted-2732 Secretary and treasurer appointed— 2729 Tax, not to exceed two mills 2730 Tax levied and collected 2730 Tax paid to treasurer of 2730 Treasurer gives bond 2729 Trustees appointed by Board Super- visors 2728 Trustees, when and how elected 2729 Trustees, oath and bond of 2729 Trustees, terms of office of 2729 Trustees, make contracts for 2731 Trustees employ teachers 2731 Trustees provide payment of sal- aries 2731 Trustees report annually 2731 Trustees, compensation of 2731 Trustees select site without expcnse-2730 Tuition free to county residents 2733 Vacancies in Board, how filled 2729 Votes for and against, canvassed— 2728 County Superintendent — Appeal from decisions of 2820 Appeal, hears testimony 2819 Appeal, notifies parties of hearing.2819 Appeal, receives affidavit of 2818 Appeal, notifies parties of hearing..2819 Appeal, hears testimony and decides-2819 Adoption of text-books, consulted in 2828 Annual report from secretary 2765 Annual report from treasurer 2769 Assessment, notice of to owner 2815 Attendance, may concur regarding- .2803 Authorzies Board to shorten school time 2773 Books, reports list and prices 2833 Certificates, revokes for cause 2734-u Chairman Co. Board of Education.. 2833 Compulsory school law 2823-f County uniformity, receives petition.2831 Costs of appeal, files transcript of-.2821 County attorney, may ask assistance of 2740 Compensation, shall receive 2742 Convention, receives expenses for at- tending 2742 Communications, shall transmit 2734-b Deputy may appoint 2734-b Dealer in text-books, prohibited 2834 Enumeration, file with Co. Auditor.2739 Examination fee, disposal of 2734-p Examination, collects fee for 2734-p Examinations for certificates 2734-c Examinations, special, may request.2734-s Examinations for certificates of graduation, conducts 2634-d4 Examination, special, shall conduct-2734-s Examinations, shall keep record of..2734-f Ineligible as director or Co. Supervi- sor 2734-b Kindergarten certificate, may grant-2777 Member Co. Board of Education 2831 Member trustees Co. High School— .2728 Normal Institute, shall hold 2738 Qualifications of 2734-b Qualifications of, certified by Co. Auditor 2809 Report annually to State Superin- tendent, 2739 Report to Institutions 2739 Report, failure to make, forfeit 2741 Report of district officers, receives.. 2766 Restoration of territory, concurs in.2792 152 SCHOOL LAWS OF IOWA C — Continued Referees to eondemn site, appoints— 2815 Reports to Board of Supervisors 273S School laws, shall distribute 2624 Sex, raay be of either 2734-b Schools, shall visit, annually 2734-b Samples of text-books, custodian of-2830 Subpoenas, power to issue 2821 School laws, shall enforce 2740 Statement traveling expenses, shall file . 2734-b Statement office expenses, shall file. 2742 Schoolhouse, approves plans for 2779 Shade trees, notifies Board regard- ing 2787 School township, notice of meet- ing in -2790 Territory, attaches to another dis- trict 2791 Transcript, notifies secretary to file.2819 County Treasurer — Apportionment due, pays 2808 Institute fund receives 2734-p, 2734-q, 2738 Pays account, debtor to creditor corporation, Ch. 146, p. 132, Sec. 4 Referees deposit amount with 2815 Subdistrict boundaries, records changes 2801 Tax to Co. High School, pays 2730 Taxes collected, gives notice of 2810 Taxes, pays to district treasurer 2810 Taxes for each subdistrict, separate 2810 Course of Study — Accredited High* Schools in 2634-c Approved by State Superintendent— 2776 Persons taking, reported 2634-e Prescribed by Board 2772 Deaf and Dumb- Number of, of school age, reported-2739 School age, reported by secretary— 2769 Decision — Board, by, appealed from 2818 Co. Supt., of, final, when 2819 Important published in School Laws 2624 State Superintendent, by, in ap- peal -623 State Superintendent, final '^820 Depositories — Chosen by Co. Board of Educa tion 2832 Deputy- County Superintendent, of 2734 State Superintendent, of 2621 Diploma, see Certificate or Diploma. Director— Independent Districts- Contracts, may make certain 2785 Duty, penalty for neglect of 2822 Holds until successor qualifies 2758 Number in independent district 2754 Oath, any member may administer— 2758 Oath, shall take 2758 Qualifies, when 2758 Sex, may be of either 2748 Surrenders office to successor 2770 Term of, in independent districts— -2745 Tie vote for, decided by lot 2754 Vacancy, filled by appointment 2758 Director— School Township- Authorized to contract for fuel 2785 Authorized, employ teacher in sub- district 2778 Children, school age, prepares list of 2785 Children school age, reports list 2785 Compulsory attendance law, must enforce 2823-f Elected for new subdistrict 2801 Elected in subdistrict--- 2751 Industrial exposition, may have 2786 Number in school township -2752 Sex, may be of either-— ' 2748 Subdistrict, chosen for one year 2745 Subdistrict meeting, gives notice of-2751 Dismissal^ Scholar, of 2782 Teacher, of 2782 Distribution — School laws, cloth bound 2624 School laws, paper bound 2624-2823-k District, see School District. District Court — Appeal to from referees, assess- ment 2815 District Treasurer, see Treasurer. Division — Assets and liabilities of 2802 Assets and liabilities consolidated district 2794-a5 Election precincts, into 2755 Independent districts, of 2798 School township into subdistricts— -2801 Wards for attendance 2773 Doors- Entrance and exit to open out- ward 4994-a9 p. 136 Kept unlocked during school hours-- Ch. 128, P. 137, Sec. 11 Dwelling, see Residence. SCHOOL LAWS OF IOWA 153 Education- Constitutional provisions for p. 118 Distribution of funds, method of-.p. 118 Fines, how applied p. 118 School fund and lands, control— -p. 118 Educational Examiners, see Board Edu- cational Examiners. Educational Journal — State Supt. may subscribe for -624 Election- Board for new district, to choose-.2795 Boards to act until next, when 280-2 Consolidated districts, to form 2794-a County uniformity, to vote on C831 Director of subdistrict 2751 Director in independent district !754 Dissolution of consolidated inde- pendent district 2794-a5 Districts, in all —2746 Free text-books, to vote on 2836 Independent district to subdivide 2798 Independent districts, to unite 271.9 Notice of - 2763 Officers of Board 2757 Precincts in districts . 2755 Proposition for consolidated inde- pendent district 2794-a Qualification of voters of 2747 Rural independent districts, to unite.£8eo Eural independent districts, to form-2797 School districts to form ind. 2794 Treasurer, by voters 2754 Trustees Co. High School 2779 Vote bonds— 28l2-d, 2820-a to £820-d Vote upon establishing Co. High School 2738 Vote upon abolishing Co. High School 2733 Election Precincts- Compensation of registrars 2755 Conduct of elections in 2756 Districts of 5,000 or more 2755 Register of voters in 2755 Registrars in 2755 Electors, see Voters. Elements of Vocal Music — Instruction in, authorized 2823-s Normal institutes, taught in 2823-t Eligibility for Office- Co. Sapt. first grade or State cer- tificate 2734-b Co. Supt of either sex 2734-b Co. Supt., ineligible for director 2734-b Secretary, teacher ineligible as 2757 Secretary and treasurer, not mem- bers 2757 Sex, may be of either 2748 Qualified voter, if a man 2748 Woman, member Board Educational Examiners 2628 Employe — Teacher ineligible as secretary 2757 English language — All instruction given in 2749 Enumeration — Children seven to fourteen 2831-i Register of, kept by secretary 2764 Reported to auditor of state 2625 Reported to Co. Supt - 2765 Subdistrict prepared by director 2785 Examination — County certificates 2734-c to 2734-e, 2734-j to 2734-t Co. Supt. conducts in accredited High School 2634-d4 Fee for 2631, 2734-p Fee for in accredited High Schools„2634-d4 Graduation from accredited High School £634-d5 Kindergarten methods, upon 2777 Record of 2734-f State certificate or diploma 2629 Examiners, see Board Educational Ex- aminers. Exemptions- Classes of property not to be taxed Sec. 1304, p. 136 Property of school district.— See. 1304, p. 136 School bonds Sec. 1304, p. 136 Expenses — Account of, kept by secretary 2761 Assistant in conducting examina- tion 2634-a Condemnation of school site. 2815 Contingent average proportion of-2803 Costs of appeal, as 2821 Counsel in suits 2759 County Superintendent 2734-b, 2742 Estimate of, pubhshed in detail 2781 Member Board of Educational Ex- aminers, necessary 2634-a Readers of papers and clerks 2734-n State Superintendent, traveling 2627 Statement of, made by treasurer 2769 Statement of, at annual meeting.. .2780 Statement of, independent districts, published 2781 Tuition for scholar's attendance 2803 Exposition, see Industrial Exposition. 154 SCHOOL LAWS OF IOWA E — Continued Expulsion of Scholar- Joining secret fraternities in school eh. 185, p. 131, see. 3 Majority vote of Board. .2782 Readmission 2782 Teachers may not 2782 Extending Corporations- Effects of -2793-a Families — Heads of, list prepared 2785 Fee — Certificate, application for 2734-p Contingent, at Normal School 2676 Examination in accredited High School 2634-d4 Life validation for 2734-hl Institute registration for 2734-hl Paid into state treasury 2631 Refusal to pay tuition, how col- ected ch. 146, p. 132, see. 4 State certificate 2631 State diploma 2631 Transmitted to county treasurer 2738-2734-p Transportation of children 2774 Tuition in High School ch. 146, p. 132, sec. 3 Tuition at Normal School .676 Tuition, attendance in another district 2774 Tuition for attendance 2803 Witness, on appeal 2821 Feeble Minded- Reported by County Superinten- dent 2739 Reported to Co. Supt 2765 Fences — Barbed wire not used for 2817 Fields, where sites adjoin 2745-a, 2745-b Provided for school-house sites 2773 Fidelity Companies, see Surety Com- panies. Finance Committee — Appointed by State Board Educa- tion ch. 170, p. 139, sec. 6 Chairman and secretary of, desig- nated ch. 170, p. 139, sec. 6 Office at educational institutions.. ch. 170, p. 139, sec. 9 Term of office of member of ch. 170, p. 139, sec. 6 Financial Statement — Board to voters, regular meeting— .2780 Pubhshed in independent districts— 2781 Treasurer makes to Board 2769 Fines, see Penalty. Fire Drill- Neglect to hold, penalty for. Fires- Bulletin upon, by state fire mar- sJial ch. Ii8, p. 137, sec. 11 Instruction as to causes of, re- quired ch. 128, p. 137, sec. n Instruction in, penalty for failure ch. 128, p. 137, sec. 11 Forfeit- Barbed wire, violation of statute— .2817 Bond, breach of by secretary or treasurer 2760 Compensation of teacher without certificate 2788 Co. Supt., failure to report 2741 Duty, failure officer to perform 2822 Text-books, refusal to furnish 2827 Formation of Independent District — Consolidated district 2794-a Including city, town or village -.2794 Subdistricts, of school township, from 2797 Subdividing independent districts, by 2798 Uniting independent districts, by 2799 Forms, see Index to Forms p. 194 Fuel- Contingent fund, bought with 2768 Subdistrict director may contract for 2785 Funds — -Ch. 128, p. 137, sec. Teacher shall hold once a month eh. 128, p. 136, sec. Apparatus bought with contin- gent 2783 Board estimates teacher's and con- tingent 2806 Contingent not to exceed $7 a scholar 2806 Contingent, $75 for each school 2806 Definition of 2768 Insurance paid with contingent 2783 Order must specify 2768 Permanent, interest on, appor- tioned 2808 Secretary keeps separate account 2761 Secretary certifies amount for 2767 Secretary certifies tax for 2767 Teacher's, $270 for each school 2806 Teacher's, not to exceed $20 2806 Text-books, free, provided from con- tingent 2783 Transportation, not to exceed $5— .2806 Treasurers' annual report, must show separate 2769 SCHOOL LAWS OF IOWA 155 Garden — Site, may not be condemned for 2814 Governor — Appoints two members Board Edu- cational Examiners 2G28 Records of State Superintendent, open to 2621 Reports to, made by State Super- intendent _ - 2625 Graded or Union Scliools — Established by any Board 2776 State Supt. approves course of study -- 2776 High School- Certificate of admission to, signed ch. 146, p. 132, sec Certificate of admission to, con tains what ch. 146, p. 132, sec Pupils outside home district, at tend ch. 146, p. 132, sec Tuition in ch. 146, p. 132, sec. Tuition fee in, how paid ch. 146, p. 132, sec. Tuition fee in, refusal to pay ch. 146, p. 132, sec. Graduation — Certificate of, from accredited High Kchool 2634-d5 Certificate of, exchanged for County Certificate 2634-d5 Guardian — Name of, registered by secretary 2764 Taxes paid by, deducted from tu- ition . 2804 Ward of, must attend school 2823- Ward of, not required to read Bible 2805 H Highways- Board authorized to obtain 2749 Site for condemnation must be on... 2814 Tax for opening, voted 2749 Tax to procure, voted 2750 Holidays- Enumerated 2773 notes Teacher cannot claim 2782 notes Secretary, teacher not eligible 2757 Subdivision of 2703 Treasurer, when elected by voters.._2754 Uniting of ! 2799 Improvements — Appropriations for, by St. Board of Education.,..-Ch. 170, p. 140, sec. 19 Tax to pay for, levied 2813 Value of, repaid upon reversion 2816 Incumbent — Director is, until successor qual- ifies 2758 Treasurer, term of expires 2754-2757 Treasurer, until successor qualifies--27o4 Indebtedness- Bonds issued to pay judgment 2812-b Books, Board should not contract--2825 Division assets and liabilities 2802 Judgment, shall be paid 2811 Limit of 1306-b, p. 130 2830-a Original voters must authorize 2823 Tax to pay bonds or interest 2813 Independent School District — Adopt books used in county uni- formity 2835 Board of 2745 Board of, publishes financial state- ment 2781 Bonds or interest, tax to pay 2813 Bonds, borrow money by issuing 2812-c Boundaries, change of 2793 Corporate name ..j 2744 County uniformity, city not under.2835 Directors in, number of 2754 Formation of 2794-2794-a Higher schools in 2776 Kindergarten, Board may establish.2777 Organization of 2795 Index to forms. 171 Indorsement — Unpaid orders by treasurer 2768 Industrial Exposition- Board may provide in each Frhool_.2786 Consists of what 2786 Demonstrate articles exhibited at C7S6 Held once a month, may be 27SC Ornamental work encouraged 2786 Parents and friends invited to 2V83 Subdistrict director may provide 27^6 Inspection- Appropriation for, and supervision 2634-d2 Inspector — Salary of 2634-d2 Institute Fund, see Teachers Normal In- stitute. Institute, see Teachers Normal Institute. 156 SCHOOL LAWS OF IOWA I — Continued Insurance — Contingent fund used to pay 2783 Interest — Bonds, may not exceed 5 per cent.. 2812-e J - Joint Districts — Natural obstacles, on account of.. .2791 Restoration of portion of 2792 Judges of Election- Annual meeting, at, who are 2746 Appointed by voters, when 2746 Boards act as, when 2756 Organization of independent district 2794 Organization of consolidated dis- trict 2794-a Tie vote determined by 2754 Votes canvassed by 2751 Judgment — Board certifies amount to pay 2811 Bonds issued to pay 2812-c Costs of trial entered by clerk of court, for 2821 Money, not given by county or State Supt. 2820 Paid from proper fund 2811 Tax to pay, voted by voters 2811 Jurisdiction — Exclusive, by district, over terri- tory 2743 Powers of, apply to all districts 2823 Kindergarten — Certificate, teacher in must hold 2777 Established in any independent dis- trict 2777 Land — Condemnation of for site 2814 Majority Vote — Adoption of county uniformity 2832 Authorizing displacement of text- books ^"...2832 Authorizing free text-Dooks 2837 Board, majority a quorum 2771 Director subdistrict, noi required for 2751 Dissolution of consolidated inde- pendent district 2794-a5 Formation of consolidated inde- pendent district 2794-a Organization of consolidated dis- tricts 2794-a, 2820-f Removal of members of finance com- mittee ch. 170, p. 139, sec. 6 Bonds, provision made, for. _..2767 Not paid on reversion of site 2816 Permanent school fund, of 2808 Tax levied to pay, on bonds 2813 Unpaid orders,' 6 per cent on 2768 K - L Language— »> English, schools, must be taught in_2749 Foreign as branch taught, deter- mined 2749 Special certificate for 2736 Levy of Taxes, see Taxes. Liabilities, see Assets and Liabilities. Libraries — Books for, how purchased 2823-0 Funds for, how set apart 2823-n Librarian for, how selected 2823-r Lists of books for, prepared 2823-p Records of, how kept 2823-q Books, contingent fund used for 2783 Number volumes in, reported ^.2765 Tax voted at annual meeting 2749 Limit — Bonds, to run ten years only 2812-e Contingent fund not exceed $1.50 2825 County school tax, of 2807 Fifteen mills at subdistrict meet- ing 2758 Indebtedness, of, 1306-b, page 130_-2820-a Judgment, available funds only, to pay 2811 School room, $25 annually for each.2783 Site for schoolhouse, one acre 2814 Tax, pay bonds or money bor- rowed 2813 Taxes, of 2806 Ten mills at annual meeting 2749 M Required to orgianize independent districts 2794 Rural independent districts changed to subdistricts 280O Scholar, required to expel 2782 Subdistricts changed to rural inde- pendent districts 2797 Subdistrict boundaries, changing 2801 Subdivision, less than two sections-27£8 Teacher, Board required to dis- charge 2782 Uniting independent districts 2799 Two-thirds vote to mcrease in- debtedness 2820-d Maps — Purchased with contingent fund 2783 SCHOOL LAWS OF IOWA 157 Meeting ol Directors- Held, where . 2757 Officers, to elect 2757 Kegular, when held 2757 School taxes, to estimate 2806 Special, how called 2757 Member of Board, see Board of Direc- tors. Misdemeanor- Barbed wire, violation of statute on 2817 Name — School district, of —2744 Narcotics, see Alcoholic DrmRs. Neglect of Duty- Action on bond of publisher for 2837 Board makes regulations concerning 2772 Bond of secretary or treasurer, breach of 2760 Penalty for 2822 Penalty for, regarding barbed wire-2817 School officer, regarding text-books-2834 Teacher, may be discharged for 2782 Newspaper- Annual meeting, notice of publish ed-2755 Advertisement in, for bids to build-2799 Financial statement, published in.— 2781 Text-books, notice of purchase, pub- lished 2828 Non-residents — Atrtendance of, contracted by Board. 2774 Attendance by agreement of Boards-2S03 Attendance, Co. Supt. and Board concur 2803 Attendance, Board determines term of 2804 Nonuser of Site- Reverts to owner in two years 2816 Normal Institute, see Teachers' Normal Institute. Normal School, see State Teachers Col- lege. Normal Training in High Schools, see Accredited High School. Notice — Appeal from assessment 2815 Appeal, of hearing of 2819 Appeal to State Superintendent 2820 Apportionment due, to president 1808 Board of directors, to elect 2795 Board, special meeting of 2757 Bonds, meeting to vote 2812-d Bonds to owner 2812-1 Bond of secretary or treasurer, breach 2760 Co. Supt., failure to make report... 2741 Duty, willful failure to perform 2822 School officer, dealer in text-books„2834 Money, see Funds. Music- Elements of vocal, required 2823-s Normal Institute, must be t aught... 2823-t N - O Bonds, meeting to rote excess per cent .2820-c Consolidated district, formation of.2794-a Counjky uniformity, election on 2831 Eleetion precinct in each 2755 Election to organize consolidated dis- trict 2794-a Election to dissolve cousDlidated dis- trict 2794-a5 Free text-books, voting upon 2836 Independent district, for formation of 2794 Independent district, vote to change to 2797 Independent district, subdivision of-2798 Independent districts, uniting 2799 New school township, first meeting.2790 Receipts and disbursements of inde- pendent districts 2781 Rural independent districts, uniting.2800 Secretary to file transcript 2819 Site condemned, to owner of 2815 Special meeting, by secretary 2763 Subdistrict meeting, special 2753 Subdistrict meeting ._ 2751 Taxes due, to president 2810 Text-books, to accept bids for 2828 Teacher, to, before trial 2782 Voters, special meetings of 2763 Oath- Consists of what 2758 Member of Board may administer...275S Referees to condemn site 2815 Secretary and treasurer of 2760 Office, see Qualification for Office. Official bonds, see Bonds. Opinions- State Superintendent, shall render.. 2623 Orchard — Cannot condemn for site 2814 Orders — Drawn when claim audite'd 2780 Fund drawn on, must state 2768 Interest on, after Indorsement 2768 Judgment, to pay 2811 Part payment of, made.. 2768 158 SCHOOL LAWS OF IOWA N - O— Orders— Continued Secretary shall draw 2762 Secretary countersign and register..2762 Treasurer shall register 2768 Treasurer shall pay 2768 Organization — Annual meeting 2746 Board of directors 2757 Consolidated Independent District completed, when 2794-a County Board of Education , 2833 Independent district, how 2795 Independent district, when 2796 Independent districts, from sub-dis- tricts 2797 Independent districts, by uniting others 2799 P Parent — Bible, child not read against wishes-2805 Heads of families, list of 2785 Must have child attend school 282S-a Names of, registered by secretary---2764 School taxes paid by, deducted 2804 Park- Site, may not be condemned for 2814 Penalty- Applied to use of schools 2822 Bond, secretary and treasurer. Board fixes 27C0 Compulsory law, failure to enforce--2823-f Co. Supt., failure to report 2741 Failure to perform duty 2822 Failure to send child to school 2823-a Violation of transportation rules 2794-a6 Violation of provisions of advertise- ment law 5028-t p. 130 Pending Litigation — Limit of indebtedness shall not affect 2820-dl Petition- Consolidated independent district, organization of 2794-a Consolidated independent district, dissolution of 2794-a5 County High School to establish 2728 County High School, to abolish 2733 County uniformity of text-books 2831 Formation of independent districts-2794 Formation of consolidated districts-2794-a Formation rural independent dis- tricts, from s-ubdistriets 2797 Indebtedness, increasing limit of 2S20-b Rural independent districts changed to subdistrict 2800 Uniting independent districts 2799 Continued New subdistrict 2801 New school township 2790 Rural independent districts from sub- districts 2797 School Board in consolidated inde- pendent district 2794-a School township from rural indepen- dent districts 2800 Secret Fraternities in schools prohib- ited ch. 185, p. 131, sec. 1 State Board of Education of ch. 170, p. 138, sec. 4 Subdistrict meeting 2751 Owner — Land taken by condemnation 2815 Site not within SO rods of 2814 Site, secures upon reversion 2816 ■ Q Physiology and Hygiene — Completed before scholar advances-2775 Co. Supt. reports how law observed 2739 Co. Supt. should enforce law 2740 Normal school, must teach in 2677 Studied by every scholar, must be-.,2775 Taught in all schools, must be 2775 Place — Annual meeting given in notice 2751 Appeal, persons notified where heard.2819 Board Educational Examiners, meets where 2629 County High School, petition names 2728 County High School site in petition-2730 Examinations at county seat 2734-c Meeting of Board, in civil township-2757 Notice, posted where 2763, 2763-c Notice states place of meeting-2763-2763-e Secretary posts notices in five 2763 Special meeting of Board in notice_.2757 Subdistrict meeting of Board, in notice 2751 Teacher's normal institute, deter- mined 2622 Plat- Copy of, delivered to county treas- urer and auditor 2801 Description of, in records 2801 Recorded, shall be 2801 Subdistricts of, made by secretary.2801 Poisons, see Alcoholic Drinks. Poll Book- Precinct, provided in each 2756 Record, secretary shall keep full 2761 Poll- Election precincts, open 9 a. m. to 7 p. m 2756 Districts under 5,000 opens at 1 p. m. .2754 SCHOOL LAWS OP IOWA 159 Independent districts under 5,000 open 5 hours 2754 Rural independent districts, open 2 hours 2754 School townships, open 2 hours 2754 Subdistrlcts, open at least 2 hours— 2754 Postage — County Superintendent, for use of--2742 Party aggrieved, pays on appeal 2820 Posting of Notices, sec Notices. Precincts, see Election Precincts. President — Apportionment, receives notice of.— ^808 Bonds, signs district 2812-e Bonds, brings action for breach 2760 Bonds of secretary and treasurer, filed with 2760 Compulsory attendance law must en- force 2823-f Contract made by subdirector, ap- proves 2785 Contract with teacher, signs 2778 Contracts, all signed by 2759 County treasurer, draws draft on. ..2810 Drafts on County Treasurer, signs aU 2759 Duties of 2759 Educational institutions, for ch. 170, p. 138, sec. 4 Elected from Board by ballot 2757 Judge of election, acts as 2746 Meetings of Board, presides at 2759 Oath, any member may administer--2758 Special meeting of Board, calls 2757 State Board of Education, of ch. 170, p. 138, sec. i Suits, appears for district in 2759 Temporary, appointed 2772 Tuition certifies account for 2803 Vacancy, filled by appointment 2758 Rate of Taxation, see Taxes. Receipts and Expenditures- Normal institute fund, published— .2738 Statement of, to annual meeting..2780 Statement published two weeks 2781 Record- Books purchased for school libraries 2823-q Board Educational Examiners, by— 2633 Bonds sold, of persons to whom 2S12-f Costs of appeal filed 2821 County Board of Education, pro- ceedings 2833 Daily, kept by teacher 2789 Election in precincts 2755 Enumeration by director of subdis- trict 2785 Examination of teachers 2736 Persons of school age 2764 Property — Care of, rules for, by Board 2772 Disposed of at annual meeting 2749 Disposed of at special meeting, when 2750 District, levy on, to pay 3udgment.2811 Insured, may be. 2783 Schoolhouse, fenced by Board 2773 Subdistrict, levy on.... 2810 Tax, not exceed 5 mills, pay bonds.2813 Value of, reported by secretary 2765 Proposal to Build- Exceeding $300, must advertise 2779 Publication, see Newspaper. Pupil, see Scholar. Qualification for Office — County High School, secretary and treasurer 2729 County High School, trustees of 2729 Deputy State Superintendent, of 2621 Directors 2758 Directors of new independent dis- trict 2795 Member or officer, appointed 2771 Members State Board of Education — ch. 170, p. 139, sec. 7 President of Board ...2758 Time for, for secretary and treas- urer - 2760 Qualification of Sureties, see Sureties. Questions to be voted on, see Proposi- tions Submitted. Quorum — Majority of Board constitute 2771 Report of referees 2815 Receipts and expenditures, by treas- urer 2768 Subdistrict boundaries, changed how 2801 Subdistrict boundaries, changes 2801 Secretary keeps complete 2761 State Superintendent, by 2621 Territory attached, made on plat 2791 Transcript of an appeal 2819 Trustees County High School 2729 Vote for officers of Board 2757 Votes at annual meeting 2761 Referees — Assess damages on condemnation. ..2815 Assessment, cost paid by district 2815 Appeal from assessment, made £815 Oath of 2815 160 SCHOOL LAWS OF IOWA R— Continued Report in writing 2815 Eeport filed witli County Superin- tendent 2815 Register- Bonds with County Auditor 2812-e Bonds, persons to whom sold 2812-1 Persons of school age 2764 Teacher must keep 2789 Teacher flies with secretary 2789 Voters in election precincts 2755 Registrars- Appointed in election precincts 2755 Qualification, duties and compensa- tion 2755 Registration of certificates ^^._.2734-q Registration of Voters, see Register. Renewal- Average standing required lor 2734-hl Fee lor 2734-hl, 2734-i First grade certificate, of 2734-g For life 2734-h Professional study required.2734-g to 2734-i Second grade certificate, lor 2734-h Successful experience, proof of, lor. 2734-g to 2734-i ■ Term ol 2734-g to 2734-1 Thirty-six weeks' successlul teach- ing _■ 1,2734-g Third grade, one renewal 2734-i Reports- Board Educational Examiners 2633 County Superintendent from, pre- served 2621 County Superintendent, annually 2739 County Superintendent, Blind, deaf and dumb, etc 2739 County Superintendent, to be pub- lished 2738 Director ol subdistricts, to secretary 2785 Executive oilicers of educational in- stitutions, ch. 170, p. 140, see. 19 Interest on permanent school fund— 2809 Ofllcers, name and postoffice 2766 Sale ol school laws by County Audi- tor 2823-1 Secretary to make, annually 2765 State Board of Educational institu- tions ch. 170, p. 140, sec. 19 State Superintendent to State Audi- tor 2625 State Superintendent 2625 Trustees, County High School 2731 Treasurer makes annually 2769 Truants, concerning, by officers 2823-g Residence- Board, officer or member of 2748 Scholars from another district, at- tend 2803 Scholars, not in district, admitted... 2804 School privileges, entitled to 2773 Schoolhouse 30 rods from owners 2814 Students in County High School 2732 Students in Normal School 2676 Voter at school meeting 2747 Reversion — Schoolhouse site to owner 2816 Revocation — Certificate ol. .2731, 2734-u Right to Vote, see Voters. Roads, see Highways. Room — Contingent lund, $25 annually lor each 2783 Examination, provided for 2734-c Kindergarten established, indepen- dent districts 2777 Rented for 10 or more children 2774 Tuition, based on, which child at- tends 2803 Rules and Regulations- Board aids teacher to enforce 2782 Board makes concerning secret fra- ternities, ch. 185, p. 131, sec. 2 Board ol directors shall make 2772 County board ol education 2832 County High School, principal makes 2732 Director ol subdistricts, govern- ment 2785 Free text-books, to govern use of 2837 Officers and others, lor 2772 Sale of books and supplies 2824 Scholar expelled for violation of 2782 Schoolhouse and other property, care 2772 State Board ol Education makes.. ch. 170, p. 138, see. 4 Transportation rules, violation oI.-2794-a6 Rural Independent Districts- Annual meeting 2746 Boundaries, change in same town- ship 2793 Corporate name 2744 Changed to school township 2800 Directors, member of 2754 Formation of 2793 Polls open at 1 p. m 2754 Subdivision of 2798 Teacher, ineligible as secretary 2757 Uniting ol 2799 SCHOOL LAWS OF IOWA 161 Salaries, see Coiupensation. Sale of Property- Directed by voters, regular meeting-2749 Directed by voters, special meeting— 2750 Scholar- Apportionment based on number 2808 Attend in another district, may 2803 Board determines school shall at- tend - 2773 Books, responsible for damage tO— 2837 Books, may purchase at cost 2837 Books loaned to— -2783 Dismiss, teacher may 2782 Enumerated by subdirector ..2785 Explain articles at industrial expo- sition 2786 Expel, Board may 2782 Government of, Board makes rules.2772 Instruction provided in another dis- trict - 2774 Indigent, supplied with books —2783 Number enrolled with average at- tendance 2765 Readmitted, may be 2782 Register of all of school age 2764 Report of deaf and dumb, blind, etc. 2765 Register of, kept by teacher 2789 School age of 2804 Schoolhouse located for convenience of 2773 Secret fraternity, shall not be member ch.l85, p. 131, see. 1 Stimulants, instruction in effect 2775 Ten or more, school provided for.. .2774 Transportation of. Board may pay. 2774 Text-books loaned to 2837 School- Age for attendance. 2804 Attendance in another district se- cured -2774 Attendance in another district 2803 Attendance of non-residents 2804 Begins, secretary notifies County Superintendent 2765 Board determines, each child at- tends — -2773 Board excused from maintaining 2773 Bible not excluded from... 2805 Census of persons 7 to 14 included.. -2823-i County Superintendent must visit...2734-b Course of study, Board prescribes 2772 Continues at least 24 weeks, annu- ally .2773 County tax for 2807 County uniformity, what districts, exempt - -2835 Corporations may accept bequests. - 740 p. 130 Effects of stimulants, taught in 2775 Free tuition to all residents 2773 Free text-books for -2837 Fund and lands, how controlled p. 137, sec. 1 Graded or union, established 2776 Library books, etc., for each-- 2783 Libraries, selected and managed 1823-n, 2823-t Number of. Board determines 2773 Period held, determined by Board— 2773 Private, eligible as accredited High School 2634-d Room rented for 10 or more chil- dren 2774 Scholar expelled from 2782 Semi-annual apportionment 2808 Secretary reports to County Super- intendent for each 2763 Session, none in, during institute..2773 Supervision of, person selected 2776 Subdirector cares for 2785 Taxes for support of 2806 Teacher, keeps register of 2789 Teacher of, must hold valid certi- ficate ..2788 Transportation, Board may pay...2774 Visiting, Board provides for 2782 School Board, see Board of Directors. School Bonds, see Bonds. School Books, see Text-Books. School Directors, see Board of Directors. School District — Annual meeting of -: 2746 Arbitrators may be appointed 2802 Assets and liabilities divided 2802 Attendance from another district— 2803 Apportionment to, by County Audi- tor 2808 Barbed wire, may not use 2817 Board, quorum of 2771 Bonds of, not to be taxed— 1304, p. 130 Boundaries changed, Boards con- tinue 2802 Corporate powers of each 2743 Claims against, audited by Board..2780 Directors, meeting of 2757 Directors, qualification of... —2758 Division of -2773 Elections of officers in --2757 Higher schools, may maintain 2776 Judgment, paid by ■ —2811 Law, provisions apply alike to all-2723 Name of .— 2744 Officer of, qualifications of -2748 President, duties of 2759 Property of, not to be taxed 1304, p. 136 162 SCHOOL LAWS OF IOWA S — Continned Secretary and treasurer, compensa- tion --2780 Site for 2773 Secretary, duties of 2761-2767 Site, may take by condemnation 2814 Suit brought in name of 2759 Tax to pay bonds or interest due--2813 Taxes paid to 2810 Taxes for, levy of 2807 Taxes for school purposes, esti- mated 2806 Territory restored 2792 Territory attached, may have 2791 Treasurer, duties of ...2768-2769 Vacancies in office, how filled 2758 Voters in, special meeting of 2750 Voters in, powers of 2749 Vote in, right to 2747 School Elections, see Election. Schools for Teachers' Training, see Accredited High Schools. School Grounds, see Site. Schoolhouse^ Advertisement, Board must build by 2779 Barbed wire, may not be used 2817 Board shall provide in consolidated districts 2794-a4 Care of by Board 2772 Doors of class-rooms open outward. 4994-a9, P. 136 Entrance and exit doors open out- ward 4994-a9, P. 136 Fenced by Board 2773-2745-a Geographical position considered 2773-2794-a4 Insured, may be 2783 Levying tax for, submitted to voters 2794-a4 Located in city limits of consolid- ated district, when 2794-a4 Location of when site condemned- -2814 Notice of meetings posted on door-2763 Plans for, approved by County Sup- erintendent 2779 Sale of, voters may direct 2749 Site fixed by Board 2773 Subdistrict, director to look after--2785 Tax to build, subdistrict may vote--2753 Tax to build, special meeting 2750 Tax to build, voters may vote 2749 Use of, voters may direct 2749 Waterclosets for, provided 2784 Schoolhouse Fund, see Funds. Schoolhouse Site- Barbed wire, may not be used for--2817 Block, may include in city 2814 Fenced by Board 2773-2745-a Fencing of 2745-a-2745-b Fixed by Board 2773 Highway, must be on public 2814-2815 Reversion of to owner 2816 Shade trees on 2787 School Laws — Amendments to, published 2624 Amendments to, distributed 2624 Clothbound, how distributed ...2624 Delivered to successor 2624 Paper bound, how distributed 2624 Publication of 2624 Sale of by County Auditor..2823-j-2823-m Successor, volume delivered to 2770 School Month- Four weeks of five days each 2778 School Oflieer, see Officer. School Orders, see Orders. School Taxes, see Taxes. School Teachers, see Teachers. School Township- Annual meeting 2746 Board of 2745 Corporate name 2744 Directors, number of 2752 Formed from rural independent dis- tricts 2800 Newly formed 2790 Polls open at 1 P. M -2754 School house tax, apportionment of-2806 Subdistricts, duties of director in-_2785 Subdistricts, divided into 2801 School Warrants, see Orders. School Week- Five school days 2773 Teacher, compensation of agreed to 2778 School Tear, see Tear. Secretary- Annual election, acts as judge 2746 Appeal files transcript of record 2819 Bond, gives 2760 Bonds, countersigns 2812-e Board trustees County High School of 2729 Compensation fixed by Board 2780 Chosen outside of Board 2757 Enumeration of subdistrict, records-2785 Elected by ballot 2757 Expenses, keeps accurate account of 2761 Expenses, account of, audited 2761 Files copies of reports 2761 SCHOOL LAWS OF IOWA 163 Fund, separate account with each.-2TCl Meetings, gives notice of all 2763 Notice of election, gives. 2S00 Officers, reports name and post- office of 276G Oath, takes 2700 Orders, keeps register of 2702 Orders, draws 2762 Qualifies within ten days 2760 Eecords, keeps complete 2761 Records, votes 2757 Report, flies annually with County Superintendent 2765 School age, registers persons of 2764 School, reports each to county Superintendent 2765 Special schoolhouse tax, certifies 2753 State Board of Education Ch. 170, P. isa. Sec. 6 Suits, appears when president is party 2759 Subdistrifit meeting, gives notice of-275l Subdistrict meeting, selected by vot- ers 2751 Subdistricts, delivers copy of descrip- tion 2801 Teacher or employee not eligible as 2757 Teacher, flies contract of 2778 Temporary, appointed 2772 Taxes, certifies 2767 Vacancy in office of, filled by Board 2771 Vote at annual meeting, records 270i Warrants and drafts, countersigns-2762 Secret Fraternities — Board makes rules concerning Ch. 185, P. 131, Sec. 2 Penalty for soliciting to join Ch. 185, P. 131, Sec. i Pupils not to join or organize Ch. 185, P. 131, Sec. 1 Scholars suspended for violating rules Ch. 185. P. 131, Sec. 3 Senii-Aunual Apportionment — Library fund, amount withheld for-2823-n Made by County Auditor 2808 Number persons, filed witn County Auditor 2739 Number persons reported to State Auditor 2625 Teaches' fund, considered in estimat- ing '.SOC Sex, see Women. Shade Trees, see Trees. Sites, see Schoolhouse Site. Special Meeting — Board of -2757 Board, by written request of major- ity 2757 Bonds, to vote 2812-d-2S20-c Called by president, may be 2757 Consolidated district, to form 2791-a Independent district, to form 2794 Independent district, to subdivide.. 2798 Independent district, to unite 2799 New township, to organize 2790 Notice of . 2757 Notice for, form of 2763 Property, to sell or vote tax 2750 Rural independent district, to orga- nize 2797 Rural independent district, unite into school township 2800 School taxes, to estimate 2806 State Board of Education, how called Ch. 170, P. 138, Sec. 3 Subdistrict boundaries, to change..2S01 Subdistrict, of '2753 State Aid- Accredited High Schools, $500 an- nually ■....2634-dl Amount of, requested by State Sup- erintendent 2C34-dl Minimum class of 10, to secure J634-dl Report for, filed with State Super- intendent - 2634-dl Total to each county, $800... ..2634-dl Warrant for, drawn on State Treas- ury ,2634-dl State .Auditor, see Auditor of State. State Board of Education- Board of Trustees and Regents, abolished Ch. 170, P. 139, Sec. 5 Consists of nine members Ch. 170, P. 138, Sec. 1 Elect officers for certain state insti- tutions Ch. 170, P. 138, Sec. 4 Finance committee, shall appoint.. Ch. 170, P. 139, Sec. 6 Governs certain state institutions.. Ch. 170, P. 138, Sec. 1 Meets four times a year . Ch. 170, P. 138, Sec. 3 Office for, at each educational insti- tution Ch. 170, P. 139, Sec. 9 Organization of, within ten days.. Ch. 170, P. 139, Sec. 4 Powers and duties of Ch. 170, P. 138, Sec. 4 Qualification of members of Ch. 170, P. 139, Sec. 7 Report to Governor and legislature Ch. 170, P. 140, Sec. 19 Report of, shall contain what Ch. 170, P. 140, Sec. 19 Rules and regulations, shall make.. Ch. 170, P. 138, Sec. i Secretary of, duties of Ch. 170, P. 139, Sec. 6 Special meetings of, on request Ch. 170, P. 138, Sec. 3 Slate Certificate, see Certificate and Diploma. 164 SCHOOL LAWS OF IOWA S— Continued State College of Agriculture and Mechanic Arts- Act of Congress relating to Page 140 Course of study 2647 Governed, how.Ch. 170, P. 139, Sec. 1 Grant of land for Page 140 Grant, acceptance of by state 2645 Intoxicating liquors, sale prohibited-2673 President, duties of 2651 Secretary, duties of 2652 Tuition and rules of admission 2649 Statement- Expense of County Superintendent.2742 Published in independent district— 2781 Eeceipts and expenditures at annual meeting 2780 Treasurer, rendered by to Board 2769 Tuition in High School of, certified Ch. 146, P. 132, Sec. 4 State Teachers College — Appropriation for 2682 Effects of alcoholic stimulants taught in 2677 Governed, how.Ch. 170, P. 138, Sec. l Session of, continues how long 2676 State Treasurer, see Treasurer of State. State University- Governed, how.Ch. 170, P. 139. Sec. 1 Library and cabinet natural history-2639 Object, department and degrees 2640 Stationery — County Superintendent, for use of-2742 Statistics, see Reports. Stimulants, see Alcoholic Drinks. Studies, see Course of Study. Subdistrict — Annual meeting, notice of 2751 Annual meeting, powers of voters.. 2751 Boundaries changed by Board 2801 Boundaries, changes when effective.2801 Created, may be 2801 Description of, recorded in records..2801 Description of, copy of delivered 2801 Director prepares list of children 2785 Director of, makes certain contract.2785 Director of, qualifications for 2748 Director for, term of office 2745 Embracing entire school township. .2752 Industrial exposition in, may be held-2786 Plat of, to be made 2801 Rural independent districts formed from 2800 Schoolhouse tax levied on 2753 Schoolhouse tax, vote certified 2753 Special meeting to vote tax 2753 Schoolhouse tax, notice of amount.2751 School township subdivided into 2744 Subdistrict Meeting- Held annually 2751 Officers of 2751 Special, to vote tax 2753 Subpoenas — Issued by County Superintendent...282l Successor in Office — Board Ed. Examiners, appointive member 2628 County Auditor, turn over School Laws to 2823-m Elected and qualified, director holds . 2758 School laws, volume turned over to.2624 State Superintendent turns matters over to 2621 Suffrage — Who has right of -2747 Suit— Against school officer as agent 2834 Bond of publisher, on 2827 Bond, in ease of breach of 2760 Board may employ counsel in 2759 Brought in name of county .2822 Co. Superintendent, to recover pen- alty from 2741 District may sue and be sued 2743 Duty, failure or refusal to perform-2822 President appears for district in.. .2759 Secretary appears in, when president a party 2759 Superintendent of Public Instruction- Appeal from County Superintendent hears 2820 Appeal, determined, cases on 2623 Approves petition for consolidated district 2794-a Approves petition for dissolution ol consolidated district 2794-aS Amendments, shall distribute 2624 Certificate of qualification of Coun- ty Superintendent receives 2809 Course of study in graded school, approves 2776 County Superintendents, may meet in convention 2622 Deputy, may appoint 2621 Educational paper, may subscribe for 2624 General supervision of schools, has.2622 Judgment for money, cannot give...282o Institute aid, transmits to County Superintendent 2626 Office in Capitol, shall have 2621 Papers, reports, etc., flies 2622 SCHOOL LAWS OP IOWA 165 President Board Educational Ex- aminers 2628 Eecord of things done, keeps 5:622 Reports persons of school age 2625 Reports biennially to Governor 2625 Reports from County Superinten- dent, receives 2739 Salary of 2627 School laws, prints and distrIbutes-2624 School law, renders opinions on 2623 Successor, turns over office to 2622 Teachers' institutes, shall appoint— 2622 Teachers' institute, may attend 2622 Traveling expenses of .2627 Textbooks adopted, receives list of-2833 Supervision — Board of directors, by ..2772 Taxes — Annual meeting, vote schoolhouse..2749 Apportioned by County Auditor 2808 Board fixes amount to pay debt 2813 Board estimates amount necessary.2781 Board estimates amount and certi- fies -- 2781 Certified by Board of Supervisors--2794-al Certified to secretary of school town- ship 2759 Collected, president signs drafts for-2759 Collected for schoolhouse fund 2768 Collected for contingent fund 2768 County Treasurer keeps subdistrict separate 2810 County Treasurer pays over quart- erly 2810 County Treasurer gives notice of amount collected 2810 Estimated in mills, when 2806 Free text-books, for, provided by Board -- 2783 Fifteen mills, shall not exceed 2753 Judgm.ent, voters vote to pay 2811 Levied by Board of Supervisors 2794-ai Levy by Board of Supervisors 2807 Levy for consolidated Independent district 2794-al Levy of, voted at special meeting..2807 Levying for building, submitted to voters 2794- a4 Limit of, for teachers' fund 2806 Limit of in consolidated district 2794-ai Limit of, for contingent fund 2806 Levy of one to three mills, when...2807 Notice of proposition to vote,given-2749 Notice of proposition to vote in sub- district 2751 Notice, not voted without 2746 Provision to pay bonds, certified by secretary 2767 President notified of amount col- lected 2808 County Superintendent, by 2735 Person selected by Board, by 2776 State Superintendent, by 2622 Sureties- Bonds of surety companies accepted-2830 Contractor for, to furnish books 2830 Contractor, to build 2779 Person for, to keep supplies for dis- trict 2824 Secretary and treasurer of Board 2760 Treasurer of County High School— 2729 Trustees of County High School 2729 Surety Companies — Bonds of, accepted, for contractor..2830 Suspension- Board may 2782 Teach, may temporarily 2782 President issues warrant for 2808 Schoolhouse fund, for, apportioned.2806 School township, void for, when 2796 Schoolhouse, voted, certified by sec- retary .2767 Secretary certifies, to Board of Sup- ervisors 2767 Special meeting of subdistrict, voted at 2753 Special election, may be voted at 2750 Subdistrict, levied by Board of Sup- ervisors 2753 Trustees County High School esti- mated 2730 Text-books and supplies, $1.50 an- nually 2825 Transportation, $5.00 for each per- son .— ..2806 Void in consolidated district, when-2794-ai Women may vote for 274v Teachers- Alcoholic stimulants, instruction on effects 2775 Agent for text-books, may not be.-2834 Blanks and circulars from County Superintendent 2734-b Board should aid in government 2782 Compulsory school law, report vio- lations 2823-6 Contracts with, contain what 2778 Contracts signed by, and president.277s Contracts filed with secretary 2778 Certificate, not employed wIthout.-278!> Certificate, not paid salary without.27a5 Certificate, teach subjects specified Z630-b-2734-e Certificate, first grade, term of 2734-g Certificate, first grade, renewal of.-2734-g Certificate, state and diplomas, to..2629 Certificate, provisional, when issued-2734-t Certificate, provisional, extcnsion..2734-t Certificate, special, term of.. 2734-e 166 SCHOOL LAWS OF IOWA Teachers— Continued Certificate, special, renewal of 2734-e Certificate revoked after investiga- tion 2734-u Certificate of other states, validated-2630-c Certificate, kindergarten, must hold when 2777 Certificate, primary state to 2630-b County High School, in, reported— 2731 Discharged by majority of Board..2782 Discharged, shall have fair trial 2782 Elected by Board in all cases 2778 Examination of, regular county— 2734-c Examination of, special 2734-e Examination in first grade subjects-2734-d Examination in special studies 2734-e Examination, application fee for 2734r-p Fund, is money to pay salaries of--2768 Graduates from accredited colleges-2634-f Keep doors of school unlocked, when Ch. 128, P. 137, Sec. 11 Library books loaned to 2823-r Library, responsible for care of 2823-r Neglect of duty a misdemeanor, when Ch. 128, P. 137, Sec. 11 Normal institute held for, annually.2738 Number employed reported by secre- tary 2765 Normal school, may attend 2676 Normal school, number in, reported-2680 Number reported in state 2625 • ine fire drill each month, must have Ch. 128, P. 137, Sec. 11 jvcgistration of certificate or dip- ploma 2734-q itCgistered, certificate must be 2734^q Eules and regulations by Board 2772 Register, shall keep daily 2789 Register, separate for non-residentS-2789 Register, file copy with secretary 2789 Reports, file with County Superin- tendent 2789 Scholar, may temporarily dismiss--2782 Scholar, may readmit if dismissed-2782 Vocal music, must pass examination in 2823-s Teacher's Contract, see Contracts. Teachers' Normal Institutes- Aided by State appropriation 2626 Aided by Board of Supervisors 2738 Appointed, how 2622 County Superintendent hold an- nually 2738 Expenditures, report of, published— 2739 Institute fund, disbursement of 2738 Institute fund 2738 Registration fee, from whom col- lected 2738 State Superintendent, shall attend— 2622 Session of, at least six days 2622 Vocal music must be taught in 2823-t Continued Teachers' Normal Training, see Accredited High Schools. Term of Office- Member of Board of independent district 2795 Member of Board appointed 2758 Member of Board Educational Ex- aminers 2628 Members of finance committee Ch. 170, P. 139, Sec. 6 Member Trustees County High School 2729 Member of Board of Directors 2745 President of the Board 2757 Secretary and treasurer 2757 Sueessor elected and qualified 2758 Successor, books surrendered to 2770 Treasurer in independent city and town districts 2754 lerritory — Attached to adjoining district 2791 Boundary lines, change of 2793 Contiguous, included in independent district 2794 District has jurisdiction over all 2743 Detached to form new independent district - 2798 New township constitutes school township 2790 Restored to district 2792 School purposes, for 2773 Taxes, when void upon part of 2796 Tax on, when deducted from tuition-2804 Transfer of, assets and liabilities divided —2802 Testimony — Trial of an appeal, in 2819 Witnesses subpoenaed to give 2821 Text-books — Agents for, school officers not 2834 Amount certified annually to secure.2825 Board has charge of and supplies.2824 Board selects persons to keep 2824 Bonds required of person keeping. .2824 Change in, not within five years 2829 Contract for purchase. Board may.. 2824 Contractor, bond taken from 2830 County uniformity, petitions for— .2831 County uniformity. County Board Education contracts 2832 County uniformity, cities and towns exempt 2835 County uniformity, cities and towns may adopt same books 2835 Debt shall not be contracted for 2825 Depositories for sale of, provided. .2832 Exchange of Board may make 2826 Furnished at very lowest price 2S27 Free, none supplied until needed 2837 Free, question submitted 2836 SCHOOL LAWS OF IOWA 167 Furnished to indigent children 2783 Loaned, Board procures books to be — 2837 Loaning of, when discontinued 2837 List of reported by County Super- intendent 2833 Notice for bids before purchasing..2828 Purchased with contingent fund 2783 Paid for, with contingent fund 2825 Rules and regulations concerning 2837 Samples kept for inspection 2830 Samples of filed with County Super- intendent 2830 Scholar may purchase at cost 2837 Use, those in, must be considered— 2826 Uniformity, Board may adopt with- out — 2824 Uniformity, Board certifies sum for-2806 Used in District, reported 2765 Used by County High School. ..2731 Tie Vote- How determined 2754 Time- Teachers' Normal Institute, how fixed 2622 Appeal, County Superintendent, notifies persons of 2819 Appeal, 30 days notice of by appel- lant 2820 Defense against charges, to make...2782 Meeting of, stated in notice 2763 Notice of special meeting, given in.-2757 Notice of subdistrict meeting, stated in 2751 Notice of annual meeting, stated in.2746 Notice of special election, 30 days.-2820-a Teachers' Normal Institute of, how fixed . 2622 Transcript, secretary sends within 10 days 2819 Town- Basis of independent district, may be 2794 Township, see Civil Township and School Township. Transcript — Cost in appeal, where filed... .2821 Secretary notified to furnish 2819 Secretary shall certify to be correct.2819 Tax levy for ..2808 Transfer- Assets and liabilities divided 2802 By change of boundaries 2793 Restoration of territory to district.2792 Surplus in schoolhouse fund 2749 Territory to adjoining district 2791 Transportation of Children- Board makes rules concerning 2794-a3 Board may suspend, when 2794-a2 Board shall designate route of 2794-a2 Board of consolidated district shall provide 2794-a2 Board may arrange for 2774 By parent not exceeding 2 miles 2794-a2 Compensation for 2794-a2 Contracts for, in writing 2794-a3 Estimate of contingent fund for 2806 Treasurer — Annual report to Board, makes 2769 Bonds, record of persons sold to 2812-f Bond, gives 2760 Chosen outside of Board 2757 Chosen by electors, when 2754 County High School of ...2729 Compensation fixed by Board 2780 Educational institution, for each Ch. 170, P. 138, Sec. 4 Elected by ballot 2757 Fund, keeps separate account with each 2768 Money, draws from County treas- ury _ 2808 Orders, registers all 2768 Orders, endorses those unpaid 2768 Pays out moneys 2768 Qualifies in ten days 2760 Receives all moneys 2768 Report, files copy with County Sup- erintendent 2769 Statement of finances, renders 2769 Taxes, receives quarterly 2810 Vacancy in office, how filled 2771 Treasurer of State — Board of Educational Examiners pays fees to 2631 Trees- County Superintendent calls atten- tion of Board to 2787 Thrifty condition, those in, re- ported 2765 Twelve or more on each site 2787 Trial- Appeal to County Superintendent of.2819 Appeal to State Superintendent of..2820 Revocation of certificate or diploma. 2631 Revocation of teacher's certificate 2734-u Teacher discharged by Board 2782 Truant Officers- Appointed, how 2823-e City marshal may be with salary 2823-e Compensation of 2823-e Compulsory school law, enforce 2823-f Duties of 2823-e Penalty, failure to enforce law 2823-f 1«« SCHOOL LAWS OF IOWA T — Continued Truant schools- Board may establish rules for .2823- Punishment of insubordinate chil- dren .2823- Trustees, see Board of Trustees. Tuition — Average cost of, reported by secre- tary 2765 Boards may agree upon 2803 Certificate of qualification for Ch. 146, P. 132, Sec. 1 Consent of Board and County Sup- erintendent, on 2803 County High School, in 2733 County Superintendent signs certifi- cate for Ch. 146, P. 132, Sec. 2 Deducted from school tax, when 2804 d Every school free of, to whom 2773 Fee for, in High School ■a Oh. 146, P. 132, See. 3 Pee for, how paid Ch. 146, P. 132, Sec. 3 Four-year High School course, in Ch. 146, P. 132, Sec. 1 High School outside of home district Ch. 146, P. 132, Sec. 1 Non-residents, for, fixed by Board-.2804 Normal School, in _ 2676 Paid by Board in another district_.2774 Payment of refused, how collected.. Ch. 146, P. 132, Sec. 4 Statement of, certified by President Ch. 146, P. 132, Sec. 4 State College of Agriculture, in 2647 State Normal School in 2629 Uniformity of Text-books, see Text-Books. Union Schools, see Graded Schools. U University, see State University. Unknown Owner, see Owner. Vacancy in Office- Board of Directors, in, how filled--2758 Officer of Board, how filled 2771 Trustee of County High School 2729 Village — Basis for independent district, may be ..2794 Violation of rules- Penalty for 2794-a6 Transportation, of 2794-a6 Visitation of Schools- Board provides for 2782 County Superintendent by, manda- tory 2734-b County Superintendent, by request of Board 2734-b Voters- Annual meeting, at 2746 Ballot, vote by 2749-2794-a Bonds in excess of IJ per cent 2820-a Bonds, to issue for original indebt- edness -. .-2812-t) County uniformity, on 2832 County uniformity in cities and towns 2835 Dissolution of consolidated district.2794-a5 Forming consolidated district, vote on 2794-a Free text-books, authorize 2836 Independent districts formed from subdistrict 2797 Independent districts, subdivision of-2798 Independent districts, uniting 2799 Judgment, tax to pay 2811 Petition for forming independent district 279* Register of in precincts 2755 Subdistrict, special meeting 2753 Subdistrict, annual meeting 2751 Text-books, authorize Board to change 2829 Text-books, loaning discontinued-..2837 Vote on forming consolidated dis- trict ..2794-a Vote on forming independent dis- trict 2794 SCHOOL LAWS OF IOWA 169 W Ward- Tax paid by guardian, deducted 2804 Wards- District divided into, when 2773 Warrants, see Orders. Water-closets- Approaches to, separated by fenee--2784 Board shall give special attention. .2784 Separated by barrier in independent district ..2784 Wliolesome condition and good re- pair ..2784 Witnesses — Attendance of may be compelled. ..2821 Year — Board, for organization of 2757 Commences for school purposes, when 2773 Election of secretary and treasurer, for 2757 Enumeration by secretary for 2764 Enumeration of subdistrict by direc- tor 2785 Financial statement, to be published-2781 Minimum, for school purposes 2773 Compensation of 2821 Subpoenaed, may be by County Sup- erintendent 2821 Woman- County Superintendent, may be woman 2734-b Member of Board of Educational Examiners, is 2628 Member of Board or officer, may be-2748 Vote on taxes or issuing bonds, may 2747 Voting at elections when not pro- hibited 2755 Written Contract, see Contracts. Report of secretary to County Sup- erintendent, for 2765 Report of treasurer to County Sup- erintendent, for 2769 School township divided into subdis- trict 2801 Taxes regularly voted, for certify- ing - — 2806 Tax voted at special meeting, for certifying 2807 Youth, see Enumeration, and Scholar. INDEX TO FORMS No. Page Revocation of Teachers' Certificate 1 173 Application for Teachers' Normal Institute 2 173 Monthly Report of Examination Fees, Institute Fund 3 174 Report of .Registration Fees, Institute Fund 4 174 Montlily Remittance to State Treasurer 5 174 Receipt for Institute Fund 6 17.3 Order on Institute Fund 7 175 Notice of Annual Meeting 8 175 Proceedings of Annual Meeting 9 175 Certificate of Election 1<) 17r> Notice of Subdistrict Meeting 11 170 Proceedings of Annual Subdistrict Meeting 12 17G Certificate of Election of Director of Subdistrict , 13 17() Certificate of Tax Voted by Subdistrict Meeting 14 176 Bond of Secretary or Treasurer.. 15 177 Draft on County Treasurer 16 177 Order on District Treasurer 17 177 Order Register of Secretary and Treasurer ! 18 178 Register of Persons of School Age K' 178 Certificate to County Officers 2;) 178 Certificate of Tax 21 170 Certificate Apportioning Tax 22- 179 Certificate of Tax Voted by Subdistrict 23 179 Treasurer's Account 24 ISJ Certificate of Appointment 25 ISJ Deed for Schoolhouse Site 26 180 Lease of Schoolhouse Site 27 180 Contract Between Board and Teacher 28 181 Proposals for Erection or Repair of Schoolhouse 29 ISl Contract for Building Schoolhouse 30 181 Bond Performance of Contract 31 182 List of Parents and Children, kept by Director 32 182 Teacher's Daily Register 33 183 Teacher's Term Report 34 184 Notice Permitting Attendance from Another District 35 184 Notice of Semi-annual Apportionment 36 1S4 Certificate of Election of County Superintendent 37 1S5 Certificate of Qualification of County Superintendent 3S 185 Notice of School Tax Collected 3D 185 Application for Appointment of Referees 40 185 Appointment of Referees 41 185 Notice to Owner of .Real Estate . 42 186 Report of Referees 43 186 Notice of Assessment of Damages 44 186 Affidavit of Appeal '—- 45 187 Notice of Appeal 46 187 Certificate to Secretary's Transcript 47 187 Notice of Hearing of Appeal 48 187 Certificate to County Superintendent's Transcript . 49 188 Bond for Sale of Books and Supplies 50 188 Notice to Publishers of Text-Books 51 ISS Bond of Contractor to Furnish Text-Books 52 188 172 SCHOOL LAWS OF IOWA NO. Page Petition for County Uniformitj' 53 ISO Proposition and Ballot for County Uuiformity 54 IS'J Oath of President or Director 55 189 Order for Library Books 56 190 Notice to Principal of Private or Parochial School 57 ]f)0 Notice About Child Under Private Instruction 58 190 Report of Principal to Tutor or Secretary of Board 59 191 Report Concerning- Violations of Compulsory Law 60 191 Petition to Establish an Independent District, Sec. 2794 61 191 Petition for Separate Ballot, Sec. 2794 62 192 Petition to Establish a Consolidated School District 63 192 Drivers' Contract . 64 192 Certificate of Residence 65 193 BLANK FORMS To. NUMBER 1 — SECTION 2734-u. (make in duplicate.) revocation of teacher's certificate. Office of County Superintendent, Iowa 191 You are hereby notified that a certificate to teach, granted to dated 191. . ., is hereby revoked in accordance with the provisions of section 2734-u, the said revocation to take effect from and after 191. . . County Superintendent. NUMBER 2— SECTION 2738. application for teachers institute. Office of County Superintendent, County, Iowa, 191... To the Superintendent of Public Instruction; I desire to hold days of institute during the school year ending June 30, 191..., as follows: days commencing 191..., at and days commencing 191. • ■, at I have also appointed subject to your approval the follow- ing persons to assist in said institute. You are hereby requested to appoint the institute for county at the places and on the dates above named, and to approve the faculty submitted below County Superintendent. Note — One of the sessions must be of at least six consecutive working days' duration. Institute Faculty for the Session Commencing 191. . . Names. Address. Subjects Assigned. Conductor: Assistants: For the Preliminary or Supplemental Session Commencing 191... Conductor: Assistants: 174 SCHOOL LAWS OF IOWA NUMBER 3 — SECTION 2738. MONTHLY REPORT OF EXAMINATION FEES, INSTITUTE FUND. Treasurer County. Dear Sir — Inclosed find Dollars received from fees for the month of 191. . ., collected from the following named persons: Name of Applicant Amount Received Name of Applicant Amount Received 24 49 - 1 25 50 .. 1 Total $ I hereby certify that the above report is correct. Iowa. ., 191.. County Superintendent. NUMBER 4 — SECTION 2738. REPORT OF INSTITUTE ENROLLMENT FEEB, INSTITUTE FUND. ^ , Treasurer. County. Dear Sir — Inclosed find Dollars received from enrollment fees for the normal institute held at commencing and continuing days. d Name of Teacher Amount Received d Name of Teacher Amount Received 1 . — - f 151 1$ l._.. 152 ' L... a 149 150 1299 -State appropriation Total- I hereby certify that the above report is correct. Iowa, ... 191. .. County Superintendent. NUMBER 5— SECTION 2734-p. monthly remittance of examination fees to the treasurer of state. Office of County Superintendent. . County, Iowa, .191. Hon , Treasurer of State, Des Moines, Iowa : Dear Sir — Inclosed find .Dollars, being one-half of the exam- nation fees collected during the month of 191. . .. as provided in section 2734-p. .191. County Superintendent. SCHOOL LAWS OF IOWA 175 NUMBER 6— SECTION 2738. RECEIPT FOR INSTITUTE FUND. Received of county superintend- ent Dollars institute fund for the month ending 191 .. . Iowa. 191... County Treasurer. NUMBER 7 — SECTION 273S. order on county auditor. Office of County Superintendent, County, Iowa, 191. . . $ To Auditor County: Please draw and deliver to a warrant upon the Institute Fund for Dollars, as by duly verified bill No accompanying this order. No County Superintendent. NUMBER 8— SECTION 2716. notice of annual meeting. Notice is liereby given to tlie qualified electors of the of ; in tlie county of state of Iowa, that the annual meeting of said district will be held at on the second Monday in March, 191. . ., at o'clock, .m., and closing at o'clock, .m. A director will be elected for a term of years to succeed one for years, to succeed and The meeting will be open for the transaction of such business as may legally come before it, and the board has directed that the following propositions shall be sub- mitted to and determined by the voters : ,191. . . Secretary. NUMBER 9— SECTION 2746. proceedings of annual, meeting. March 191. . . The electors of the in the county of state of Iowa, assembled at pur- suant to notice. The meeting was called to order by the president at o'clock, .m. The secretary, being absent was elected secretary. The order of business and powers of the meeting were stated by the president. It was moved by seconded by that the ballots provide for voting upon a tax of Dollars for schoolhouse purposes. Carried votes for and votes against. On motion of seconded by it was voted that the ballots provide for voting a tax of Eight Hundred Dollars for the purpose of building a schoolhouse in subdistrict No It was ordered that the ballots afford opportunity to vote upon the proposition to transfer Dollars of unused schoolhouse fund to the teachers' (contingent) fund. The polls for voting were opened at minutes after o'clock. At minutes after o'clock the polls were closed, the ballots were counted, and the vote upon the several matters voted upon was in each case as follows : The time required by law during which the meeting must be kept open having passed, the meeting adjourned at minutes after o'clock. Secretary. Chairman. 176 SCHOOL LAWS OF IOWA NUMBER 10— SECTION 274 6. CERTIFICATE OF ELECTION. We hereby certify that at the annual meeting of the in the county of state of Iowa, held on tlie second Monday In March, 191 was duly elected of said district, for a term of years, to succeed Judges of Election President. Secretary. .191... Judge of Election. NUMBER 11— SECTION 2751. NOTICE OP SUBDISTRICT MEETING. Notice is hereby given that a meeting of the qualified voters of subdistrict No of the school township of in the county of state of Iowa, will be held at on the first Monday in March, 191 . . ., at o'clock. . . .m., for the election of a director and for the transaction of such other buisness as may legally come before it. The question whether Hundred Dollars schoolhouse tax shall be voted upon the property of the subdistrict will be determined by ballot at such meeting. .191... Director of Subdistrict No. NUMBER 12— SECTION 2751. PKOCBEDINGS OB- ANNUAL -SUBDISTRICT MEETING. March 191. . . The voters of subdistrict No of the school township of in the county of state of Iowa, met pursuant to notice. was appointed chairman, and secretary of the meeting. The chairman announced the powers of the meeting. The polls were opened at minutes after o'clock. At minutes after o'clock the polls were closed, and the judges proceeded to count the ballots. For director votes were cast for votes for , and votes for upon »/hich was declared elected director for the ensuing year, and he was given his certificate of election. Upon the proposition to vote a schoolhouse tax of Hundred Dollars upon this subdistrict, votes were cast for the tax, and against the tax. It was declared that the vote was At minutes after o'clock, on motion of the meeting adjourned. Secretary. Chairman NUMBER 13— SECTION 2751. CERTIFICATE OP ELECTION FOR DIRECTOR OF SUBDISTRICT. We hereby certify that at the annual meeting of subdistrict No , of the school township of in the county of , state of Iowa, held on the first Monday in March, 191 ... , was duly elected director of said subdistrict. Judges of Election .191. Chairman. Secretary. NUMBER 14 — SECTION 2753. CERTIFICATE OP TAX VOTED BY SUBDISTRICT MEETING, To , Secretary Board of Directors of the School Township of : I hereby certify that the voters of subdistrict No of the school township of , in the county of state of Iowa, at the meeting held 191 . . ., voted a tax of Dollars for the erection of a schoolhouse in said subdistrict. .191... Secretary of Subdistrict Meeting. SCHOOL LAWS OF IOWA 177 NUMBER 15— SECTION 2760. BOND OF SECRETARY OR TREASURER. Know all Men by These Presents: That I as principal, and and as sureties, of the in the county of state of Iowa, are held and firmly bound unto the in the said county and state, in the penal sum of Dollars, to be paid to the said for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents. The condition of this obligation is that as of the In the county of state of Iowa, he will render a true account of his office and of his doings therein to the proper authority, when required thereby or by law ; that he will promptly pay over to the officer or person entitled thereto all moneys which may come into his hands by virtue of his office ; that he will promptly account for all balances of money remaining in his hands at the termination of his office ; that he will exercise all reasonable diligence and care in the preservation and lawful disposal of all money, books, papers, securities, or other property appertaining to his office, and deliver them to his successor, or to any other person authorized to receive the same; and that he will faithfully and impartially, without fear, favor, fraud or oppression, discharge all duties now or hereafter required of his office by law ; and the sureties on such bond shall be liable for all money or public property that may come into the hands of such officer at any time during his possession of such office. In testimony whereof we have hereunto subscribed our names this day of 191... Principal. Sureties. State of Iowa County, ss. I, do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the state of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all the duties of the office of secretary (or treasurer) of the in the county of , state of Iowa, as now or hereafter required by law. Subscribed and sworn to before me by the above named this day of 191. . . In testimony whereof witness my hand and official seal. (Seal.) Notary Public. State of Iowa • . . . . County, ss. I being duly sworn, depose and say that I am a resident freeholder of the state of Iowa, and am worth the sum of Dollars beyond the sum of my debts, and have property liable to execution in this state equal to the sum of Dollars. Subscribed and sworn to before me by the above named . . this day of 191. . . In testimony whereof witness my hand and official seal. (Seal.) Notary Public. NUMBER 16— SECTION 2762. draft on the county treasurer. .191. To , County Treasurer: Pay to , treasurer of the in the county of state of Iowa, Dollars teachers' fund Dollars schoolhouse fund, and Dollars contingent fund, being the amount of tax collected and due this district for the quarter ending 191. . ., as shown by your notice of 191. . . Secretary. President. NUMBER 17— SECTION 2762. order on district treasurer. 5 191... To , Treasurer of the Pay to or order Dollars from the fund, for Secretary. President. 178 SCHOOL LAWS OF IOWA NUMBER 18— SECTION 2762. ORDER REGISTER OF SECRETARY AND TREASURER. a Date In Whose Favor Drawn For Weat Purpose d 5-2 1 April 7, 191— April 7, 191 April 7, 191 May 10, 191 — May 14, 191 — John Smith Teaching school - $ 45.00 9 A. J. Adams Joel B. Young Thomas Harrison .. Sarah Johnson Repairs on schoolhouse _ _ $ 5.00 3 Fuel - - $ 5.00 125.00 5 Teaching school 63.74 NUMBER 19 — SECTION 2764. REGISTER OF PERSONS OF SCHOOL AGE. Names Age Attendaace in days for year end ng June 30 Parents or Guardian Children ID 01 a Reasons for Non- attendance \ ! 1 1 i : 1 Note — Read section 2823-i. NUMBER 20 — SECTION 2766. CERTIFICATE TO COUNTY OFFICERS. I hereby certify that at a meeting of the board of directors of the held on the day of 191. . ., the following officers were elected and have qualified according to law : , to the office of president, ' ." to the office of secretary, '. to the office of treasurer, , to the office of truant officer, 191... postoffice. postoffice. postoffice. postoffice. Secretary Members of the Board. Name Address Name Address 1 SCHOOL LAWS OF IOWA 179 NUMBER 21— SECTIONS 2749-2750. CERTIFICATE OF TAXES. To the Board of Supervisors County: 1 hereby certify that the board of directors of the school townsliip of county of , state of Iowa, has estimated amounts for the different funds as follows : Fund Amount Fund Amount Teachers' (See. 2806) $ Sehoolhouse (Sec. 2813) $ Contingent (Sec. 2806) »School Building Bond (Sees. 2768 ' and 2813) I certify, also, that the qualified electors of said school corporation, at a regular meeting held on the day of 191. . . voted the following taxes of the property of the school corporation : Fund Amount Fund Amount *Schoolhouse (Sec. 2749) , *School Building Bond (Sees. 2749 and 2768) . S .191.. Secretary.. * Taxes voted by the electors or estimated by the board to pay on "school building bonds," should be placed in the "school building bond fund." • Taxes voted by the elec- tors for any other purpose belong in the "sehoolhouse fund." NUMBER 22— SECTIONS 2767 AND 2806. CERTIFICATE APPORTIONING TAXES. To the Board of Supervisors of County: I hereby certify that a tax voted by the voters of the school township of in the county of state of Iowa, of - Dollar.s for sehoolhouse purposes, has been apportioned by the board of directors among the subdistricts as follows : Upon subdistrict No. 1 Dollars. Upon subdistrict No. 2 Dollars. Upon subdistrict No. 3 Dollars. Upon subdistrict No. 4 Dollars. Upon subdistrict No. 5 Dollars. ,191. Secretary. NUMBER 23— SECTION 2767. CERTIFICATE OF TAX VOTED BY A SUBDISTRICT. To the Board of Supervisors of County: I am directed by the board of directors of the school township of in the county of state of Iowa, to certify that the voters of sub- district No. . ., . .of said township, at a meeting held. . 191. . ., voted that Dollars be raised on the property within the sub- district for sehoolhouse fund. 191. Secretary. 180 SCHOOL LAWS OF IOWA NUMBER 24— SECTION 2768. TREASUREH'S ACCOUNT. Treasurer, in account with teachers' {schoolhouse or contingent) fund. Dr. Sept. Oct. Jan. April April July 28, 19- 5, 19- 4, 19- 5, 19- 5, 19- 5, 19- To cash received of county treasurer, semi-annual apportionment. To cash received of county treasurer, district tax To cash received of county treasurer, district tax To cash received of county treasurer, district tax To cash received of county treasurer, semi-annual apportionment. To cash received of county treasurer, district tax 270.00 75.00 150.00 197.00 135.00 100.00 .Treasurer, in acount with teachers' fund. Cr. 13, 19 19 19 19 19 19 19 By cash paid James Hogan, on order No. 1 — $ 136 00 13, By cash paid Sarah Smith, on order Ko. 3 . - 89.00 14, By cash paid Nicholas Hoover, on order No. 4 135 00 3, By cash paid Louisa Martin, on order No. 7-- 82.00 4, By cash paid Jas. M. Higgins, on order No. 10 .. - 115.00 4, By cash paid Stephen Phelps, on order No. 11 175 00 5, By cash paid Amelia Mason, on order No. 13 95.00 Oct. Oct. Nov. May May May May To. NUMBER 25 — SECTION 2771. CERTIFICATE OF APPOINTMENT. You are hereby notified that at a meeting of the board of directors of the , in the county of , state of Iowa,, on the day of 191..., you were appointed of said : to fill a vacancy occasioned by the of . . . , .191. . Secretary NUMBER 26 — SECTION 173. DEED FOR SCHOOLHOUSE SITE. Know all Men by These Presents: That we, and , of the county of , state of Iowa, in consideration of the sum of Dollars in hand paid, do hereby sell and convey unto the in the county of , state of Iowa, the following described premises, situated in the county of , state of Iowa, to-wit : (Here describe the 'premises.) And we do hereby covenant with the said that we are lawfully seized of said premises ; that they are free from incumbrance ; that we have good right and lawful authority to sell the same ; and we do hereby covenant to warrant and defend the title to the said premises against the lawful claims of all persons whomsoever. Signed this day of 191... State of Iowa, County, ss. On this day of 191. . ., before me, a notary public in and for said county, personally came and personally to me known to be the identical persons whose names are affixed to the above deed, for the purposes therein expressed. Witness my hand and notarial seal this day of 191. . . (L. S.) Notary Public NUMBER 27— SECTION 2773. LEASE OF SCHOOLHOUSE SITE. Know all Men by These Presents: That of the county of state of Iowa, for the consideration hereinafter mentioned, does SCHOOL LAWS OF IOWA 181 liereby release unto , president of the board of directors of the in the county of state of lowo , or his successor in office, for the use of said for school pur- poses, the following described premises, situated in the county and state aforesaid, to-wit : (Here describe the lot or parcel of ground) together with all the privileges thereto belonging, for the term of from the day of 191. .. The said president as aforesaid, or his successor in office, hereby agrees to pay the said for the use of said premises, the rate of Dollars, to be paid at the expiration of this lease. In testimonv whereof we have hereunto subscribed our names this dav of 191... Signed in duplicate. President. NUMBER 2 S— SECTION 2778. CONTRACT BETWEEN BOARD AND TEACHER, This contract between a teacher of county, Iowa, and , president board of directors of the in the county of state of Iowa, witnesseth : That the said agrees to teach the public school in of said district for the term of weeks, commencing on the day of 191. . ., and well and faith- fully to perform the duties of teacher in said school, according to the law, and the rules legally established for the government thereof, including the exercise of due diligence in the preservation of the school buildings, grounds, furniture, apparatus and other school property. In consideration of said services, the said as president of the board, in behalf of said agrees to provide a suitable and comfortable room for said school, to keep the same in repair, to provide the supplies necessary for the comfort and progress of the school and to pay the said the sum of Dollars a month for school months, at the end of Witness our hands this day of 191... Teacher. President. Note — Any other matter agreed upon between the board and the teacher should be incorporated in the contract. NUMBER 23— SECTION 2779. PROPOSALS FOR ERECTION (OR REPAIR) OP SCHOOLHOUSE. Notice is hereby given that the proposals for the erection {or repair) of a schoolhouse in the in the county of will be received by the imdersigned, at his office in (where plans and specifications may be seen), until 1 o'clock p. m 191..., at which time the contract will be awarded to the lowest responsible bidder. The board reserves the right to reject any or all bids. 191... Secretary . NUMBER 30— SECTION 2779. CONTRACT FOR BUILDING A SCHOOLHOUSE. Contract made and entered into between of the county of state of Iowa, and in behalf of the in the county of state of Iowa, and his successors in office. In consideration of the sum of Dollars, to be paid as herein- after specified, the said hereby agrees to build a schoolhouse and to furnish the material therefor, according to the plans and specifica- tions for the erection of said house hereto appended, at in said The .said house is to be built of the best material in a substantial, workmanlike manner, and to be completed and delivered to the said 182 SCHOOL LAWS OF IOWA or his successors in office, free from any lien for work done or material furnished, on or before the day of 191. . And in case the said house is not finished by the time herein specified', " the said shall forfeit and pay to the said or his successors in office for the use of said the sum of Dollars, and shall also be liable for all damages that may result to said in consequence of said failure. The said , or his successors in office, in behalf of said , hereby agrees to pay the said the sum of Dollars when the foundation of said house is finished ; and the further sum of Dollars when the walls are up and ready for the roof ; and the remaining sum of Dol- lars when the said house is finished and delivered as herein stipulated. It is further agreed that this contract shall not be sublet, transferred, or assigned, without the consent of both parties. Witness our hands this day of 191. . Contractor. President. NUMBER 31 — SECTION 2779. BOND FOR PERFORMANCE OF CONTRACT. Know all Men by These Presents: That we, , as principal, and : and ■ as sureties, of the county of , state of Iowa, are held and firmly bound unto the , in the county of state of Iowa, in the penal sum of Dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, adminstrators and assigns, jointly, severally and firmly by these presents. The condition of the above obligation is such that, whereas the said has this day entered into a written contract with as president of the board of directors of the , in the county of , state of Iowa, and his successors in office, for the erection and completion of a schoolhouse in said by the day of 191 . . , according to the plans and specifications for the construction of said house appended to said contract. Now, therefore, if the said shall faithfully and fully comply with all the stipulations of said contract, then this obligation shall be void, otherwise to remain in full force and virtue in law. In testimony whereof we have hereunto suscribed our names this day of 191.. Principal. Sureties. NUMBER 32 — SECTION 2785. LIST OF PARENTS AND CHILDREN, KEPT BT DIRECTORS. Parcrts or Guar- dians Names of Children Age— Years fl5 «S !« O t^ s fa ^■^S 03 0) O fl John Smith James Jones Anna Byron Peter Smith Eliza Smith William Jones Charles Peters (ward). James Byron 10 --- 40 100 80 120 8 15 12 See below See below NOT-E — Read section 2823-i. SCHOOL LAWS OP IOWA 183 jn C II s§ SDUOOJBM pUB SlUBinCDllS ajo ih "S n j£ noiSiCud BOiaiBJf) AndBJS090 ouatuiijtav IBjaapi SnijUA\ 3UIPB9H ^qdBJSomJO Si£Bp OI 30. pa, JIB IBJOX ^jBrauins 9'-d f ''qj- 8 "M T '"IM AJBoiuinii 62 "d SZ'"UX i2 "M 9S '"X SZ ' ■ IM AJBUiumri SS OS'"M I '"X 81 "W aSV jgquinN (M 00 lO r-i IH 1 ] [ « 43 ^ a S a g i-j W cc B »^ =3 t^ ^ N S j3 P^ W i o VI in If. —i ^^ £ c -^ ?^ CO -2 .Si ^ .5 > P. S 3 o >>> o c K s. ^ o a> s ■a 5 "^ "^^ d 't^'" rt u P- cS (— o o ■M hll j-i 0) 2 a;' w m C o cS hn >■" H > D. o GC ^ 01 o3 ci ?5 OJ w 01 3 - OX "o ■^ ,a *p (rt . rt cr L^ o bi r' 0) CJ

Si 1 'I' ©■a _c re o; ii 0) as k?;^) a. l-( 7' C 184 SCHOOL LAWS OF IOWA NUMBER 34— SECTION 2789. teacher's term report. Register of the school taught in subdistrict number , of the school township of in the county of state of Iowa, for the term commencing on the 18th day of May, 191. ., and ending 191. . Pupils Attendance in Days for Weeks Com- mencing— Name Branches Studied >> a h p. CS cS H M f! m 1) u o o Peter Smith Eliza Smith William Jones Charles Peters 12 15 4.5 4.5 I hereby certify that the above is a faithful and correct register of said school. Teacher. NUMBER* 35— SECTION 2803. NOTICE PERMITTING ATTENDANCE FROM ANOTHER DISTRICT. To , Secretary of the Board of Directors of Notice is hereby given that and , children residing in the have been granted permission by the boara and county superintendent to attend school in , commencing on the day of 191. ., for a term of months. .191. President. Secretary. NUMBER 36 — SECTION 2808. notice of semi-annual apportionment. Office of County Treasurer, 191. To > President of the You are hereby notified that according to the semi-annual apportionment made this day by the county auditor, as providede by section 2808, the sum of Dollars is due the in the county of state of Iowa. County Treasurer. SCHOOL LAWS OF IOWA 185 NUMBER 37— SECTION 2809. certificate of election op county superintendent. Office of County Auditor, 191 I hereby certify that was elected to the office of county superintendent, for the term commencing January 191. . . His postofCice address is , Iowa. County Auditor. NUMBER 38— SECTION 2809. certificate of qualification of county superintendent. Office of County Auditor, 191 I hereby certify that has duly qualified for the office of county superintendent for the term commencing January 191... His postoffice address is Iowa. County Auditor. NUMBER 39— SECTION 2810. notice of school tax collected. Office of County Treasurer, 191 To , President of the Board of Directors of the Tou are hereby notified that the amount now collected and due the in county, state of Iowa, is : $ teachers' fund. $ schoolhouse fund. % contingent fund. $ school building bond fund. County Treasurer. NUMBER 40— SECTION 2815. application for appointment of referees. To , Superintendent of County: In accordance with the action of the board of directors of the you are hereby requested to appoint three disinterested persons to inspect, and assess the damages which the owner will sustain by appropriating for school purposes, the following described real estate : President. .191... Secretary. NUMBER 41 — SECTION 2815. APPOINTMENT OF REFEREES. To and You are hereby appointed and constituted a board of referees, under the provisions of section 2815, to assess the damages which the owner will sustain by the appropriation for school purposes, of the following described real estate : in in the county of state of Iowa, containing one acre of land, exclusive of highway. Tou will, therefore, on the day of 191.., at. .. .o'clock, .m., proceed to examine the real estate above described, and assess, under oath, the cash 186 SCHOOL LAWS OF IOWA damages which the owner will sustain by the appropriation of said land for school purposes, and immediately thereafter report to me in writing the amount of said damages. County Superintendent. OATH OF REFEREES. We and do solemnly swear that we will well and truly, and to the best of our ability perform all the duties imposed upon us by the foregoing commission. Subscribed and sworn to before me by and. this day of .'."..' .'igi '. Notary Public. NUMBER 42 — SECTION 2815. NOTICE TO OWNER OF REAL ESTATE. To , County : You are hereby notified that I have this day appointed referees to assess the dam- ages which the owner will sustain by the appropriation for school purposes of the following described real estate : Said referees will meet at the above described real estate on the day of 191. ., at o'clock, .m., and assess said dam- ages as provided by law. . 191... County Superintendent. NUMBER 43 — SECTION 2815. REPORT OF REFEREES. To , Superintendent of County: We, the undersigned, appointed to assess the damages which the owner will sustain by the appropriation for school purposes, of the following described real estate : . do hereby report that we have on this day of. . .'.".'.'.'.'.'.'.'.'.'.'. '.'lb i'.'. carefully examined said described real estate and have assessed the damages at ". Dollars. .191... Referees. NUMBER 44 — SECTION 2815. NOTICE OF ASSESSMENT OF DAMAGES. To , County : You are hereby notified that referees were appointed to assess the damages which the owner would sustain by the appropiiation for school purposes of the following described real estate : and that said referees met at said premises on the day of 191 .. . and assessed said damages at Dollars, as shown by their report on file in my office. . 191 . . . County Superintendent. SCHOOL LAWS OF IOWA 187 NUMBER 45 — SECTION 2S1S. AFFIDAVIT OF APPEAL, State of Iowa^ County, ss. V. School Township of I being duly sworn, on oath, say : That on the day of 191. . ., the board of directors of said school township rendered a decision (or made an order) whereby (here state facts showing affiant's interest in the decision and the injury to that interest) ; that said board in rendering the decision (or making the order) aforesaid, committed errors as follows. {Here state the errors charged.) Subscribed and sworn to by before me, this day of 191. . . Notary Public. NUMBER 46— SECTION 2819. NOTICE OF APPEAL. State of Iowa, County, ss. .: ' School Township of \ To , Secretary Board of Directors of the School Township of : You are hereby notified that has filed in my office an affidavit alleging that said board of directors, on the day of 191. . ., made a decision (or an order) whereby (here describe the decision or order so that the secretary may identify it), and claiming an appeal therefrom. You are therefore re- quired within ten days after receiving this notice, to file in my office a complete tran- script of the record of the proceedings of the board relating to said order, together with copies of all papers filed with you pertaining to said action appealed from. ,191... County Superintendent. NUMBER 47 — SECTION 2819. certificate to secretary's transcript. ■ I , secretary of the board of directors of the school township of in the county of state of Iowa, hereby certify that the foregoing is a correct and complete transcript of the record of all proceedings of the board and of all papers filed relating to the case , 191. . . Secretary NUMBER 48— SECTION 2819. notice op hearing op appeal. State op Iowa, County, ss. V. School Township of To You are hereby notified that there is on file in this office a transcript of the pro- ceedings of the board of directors of the school township of at a meeting held on the day of 191. ... in relation to (here describe the decision or order appealed from) from which appeal has been taken; and that the said appeal will be heard before me at on the day of 191..., at o'clock . . . . m. .191... County Superintendent. 188 SCHOOL LAWS OP IOWA NUMBER 49— SECTION 2820. CERTIFICATE TO COUNTY SUPERINTENDENT'S TRANSCRIPT. I, , superintendent of county, state of Iowa, hereby certify that the foregoing is a correct and complete transcript of the records of all proceedings had, testimony given and papers filed in my office, and my rulings thereon, also of my decision in the case v .191... County Superintendent. NUMBER 50— SECTION 2824. BOND FOR SALE OF BOOKS AND SUPPLIES. Know all Men by these Presents: That we , of the county of , as principal, and and as sureties, are held and firmly bound unto the in the county of state of Iowa, in the penal sum of Dollars, for the payment of which we bind ourselves, our heirs, executors and administrators, firmly by these presents. The condition of the foregoing obligation is, that whereas the above named is to take charge of, care for, and account for all text-books and supplies, and to return all moneys received from the sale of such books and supplies to the contingent fund of said district ; now, if the said shall promptly pay over to the treasurer of the district all money which may come into his hands from the sale of books and supplies, and shall account in full at any time for all books and supplies coming into his hands, and shall deliver to any person or officer authorized to receive the same, all books and supplies unsold, and make full settlement as required by law, then this bond to be void, otherwise in full force. Signed this day of 191. . . Principal. Sureties. NUMBER 51 — SECTION 2828. NOTICE TO PUBLISHERS OF TEXT-BOOKS. Notice is hereby given that in accordance with law, bids will be received up to of the day of 191. .. by at for the following text-books and supplies for the use of the schools of said (Approximate Number Needed for First supply) Readers, First to Fifth, inclusive Arithmetics, two books Speller Geographies, two books United States History Grammar Language Lessons Copy Books, 1-5, inclusive Physiology Approximate number in attendance upon the schools of said dur- ing the year 191 Samples of all text-books included in any bid must be deposited and remain in the office of the county superintendent. The board reserves the right to reject any or all bids, or any part thereof. ,191... President Secretary NUMBER 52— SECTION 2830. BOND OF CONTRACTOR TO FURNISH TEXT-BOOKS. Know all Men by These Presents: That we of as principal, and as sureties, are held and firmly bound unto the in the penal sum SCHOOL LAWS OF IOWA 189 of Dollars to be paid to the said for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents. The conditions of the above obligation are such that if the above bounden shall well and truly fulfill and comply with all the obligations of their contract made on the day of 191. . ., with the aforesaid providing for the furnishing of school text-books at prices and on conditions set forth in their said contract, a copy of which said contract is hereto attached and made a part hereof, then this obligation to be void; otherwise to remain in full force and effect. In testimony whereof we have hereunto subscribed our names this day of 191... Principal. Sureties. NUMBER 53— SECTION 2831. PETITION FOR COUNTY UNIFORMITY. To County Superintendent : We, the undersigned, holding the office of school director, ask for the adoption of a uniform series of text-books in the schools of this county, and that you take steps to submit the question to the electors of the county, at the annual school meeting in March, as provided by law. Names District Name Township ,191. NUMBER 54— SECTION 2831. PROPOSITION AND BALLOT FOR COUNTY UNIFORMITY. Shall there be a uniform series of school text-books in county, i — ■ Iowa? Write yes or no in the square to the right. | | NUMBER 55— SECTION 2758. OATH OF PRESIDENT OR DIRECTORS. State of Iowa, County, ss. I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the state of Iowa, and that I will faithfully discharge the duties of * as now or hereafter required by law. Sworn to before me and subscribed in my presence by the said. ... this day of A. D. 191. ♦Director of subdistrict or president of the board, as the case may be. 190 SCHOOL LAWS OF IOWA NUMBER 56— SECTIONS 2823-n TO 2823-r. ORDER FOR LIBRARY BOOKS. To the city of state of I have been authorized to order the following books for the school library in the district (No ), of , township of county of , state of Iowa. Enclosed find money order or bank draft for % , in full payment of the same. No, Copies Wanted Title Cata- logue No. Net Price Del. Cts. Always fill out this blank carefully and plainly : Ship via To R. R. Station. . . County State . .R. R. Signed P. O. Address. . County. . . State . Secretary 191., NUMBER 57— SECTION 2S23-b. NOTICE TO PRINCIPAL OF PRIVATE OR PAROCHIAL SCHOOL. Office of secretary, board of directors of the district (No ), township of , county of , state of Iowa. 191 To , Principal of As provided in section 2, chapter 128, acts of the Twenty-ninth General Assembly, within ten days from the receipt of this notice, you will please make a certified report to this office, giving the names, ages, and days of attendance of all pupils in your school for the preceding year, beginning and ending Secretary. Postoffice. NUMBER 58— SECTION 2823-b. NOTICE TO ANT PERSON HAVING CONTROL OF CHILD, FROM SEVEN TO FOURTEEN TEARS OF AGE, UNDER PRIVATE INSTRUCTION. Office of secretary, board of directors of the district (No ), township of , county of state of Iowa. 191 To Iowa : As provided in section 2, chapter 12 8, acts of the Twenty-ninth General Assembly, within ten days from the receipt of this notice you will please make a certified report SCHOOL LAWS OF IOWA 191 to this office stating the name and age of the child under your control now re- ceiving private instruction, and tlie period of time during which said child ha been under such private instruction within the preceding year, beginning 19 and ending 191 . . . . Secretary. Postoffice. NUMBER 59— SECTION 2823-b. REPORT OF ATTENDANCE AND WORK IN PRIVATE OR PAROCHIAL SCHOOL OR UNDER PRIVATE TUTOR. Name of Pupil Date Enrolled studies Pursued o •d" a t) tx >. >, m u o ♦-» s 3 liB CB •2 a s > es ^ en t^ O o 0) t^ ij ss 0) o Q o « < O Ph £3 O > (D 4) t- NUMBER 60 — SECTION 2823-q. REPORT BY TEACHERS, COUNTY SUPERINTENDENTS, SCHOOL OFFICERS, OR EMPLOYEES, TO THE SECRETARY OF THE SCHOOL CORPORATION CONCERNING VIOLATIONS OF THE LAW FOR COMPULSORY EDUCATION. ,191. To , Secretary of the Board of Directors of District (No ) township of , county of , state of Iowa : I hereby certify that I have reason to believe that and children between the ages of seven and fourteen years, are not attending school as required by the provisions of chapter 128, acts of the Twenty-ninth General Assembly providing for compulsory education. FORM 61. PETITION TO ESTABLISH AN INDEPENDENT DISTRICT UNDER SECTION 2794. To the Board of Directors of the Independent School District of j, County of State of loioa. Gentlemen : We, the undersigned, duly qualified voters of the town of County, Iowa, would respectfully represent that we reside in the town plat of said town and that we constitute more than per cent of the legal voters so residing, and that there are over one hundred persons residing within the limits of the aforesaid town of That we are desirous and do hereby petition your honorable body for the formation of an independent school district which shall include all of said town and also other territory contiguous thereto, hereby respectfully petition you to establish the boundaries of such proposed independent district as herein set out, viz : (Give description of boundaries.) We respectfully show and represent that we reside on the territory aforesaid, and we respectfully ask that all the territory situated within the limits of said town and 192 SCHOOL LAWS OF IOWA boundaries above given be organized into one independent school district and that the question of such organization be submitted to the voters thereof, after due notice thereof has been given. FORM 62. PETITION FOR SEPARATE BALLOT. UNDER SECTION 2794. To the Board of Directors of the Independent School District of , County of , State of Iowa. We, the undersigned, respectfully petition your honorable body for the formation of an Independent School District w^hich shall include all the incorporated town of in County, Iowa, and also other territory contiguous to the said town and we do petition you to establish the boundaries of such proposed Independent School District as set out in the following, to-wit : (Give description of territory here.) We respectfully show and represent that we reside on the territory aforesaid outside of the above named platted town and that we constitute more than 25 per cent of the legally qualified voters so residing thereon. We respectfully ask that all the territory including the said town of situated within the limits and boundaries above given, be organized into one Inde- pendent School District and that the question of such organization be submitted to the voters upon said territory at a meeting of the voters thereon, after notice thereof, duly given, and that the voters residing outside the town of be permitted to vote separately on the aforesaid proposition, and all as provided by law. FORM 63. PETITION TO ESTABLISH A CONSOLIDATED INDEPENDENT SCHOOL DISTRICT. SECTION 279 4-a. To the Honorable Board of Directors of , Township of J County of , State of Iowa. Gentlemen : We, the undersigned, duly qualified voters of Township, County, Iowa, would respectfully represent that we reside on the territory of the proposed consolidated independent school district ; that there are not less than 16 sections contained in the proposed consolidated independent school district, also that we constitute more than one-third (1-3) of the electors residing thereon and that this petition setting forth the boundaries of the proposed district has been duly approved by the County Superintendent (Superintendents, if territory is in two counties) of County (or counties). That we are desirous of and do hereby petition your honorable body for the forma- tion of a consolidated independent school district, which shall include all contiguous territory herein set out, viz : (Give description.) We respectfully show and represent that we reside on the aforesaid territory and we hereby respectfully ask that all the territory situated within the limits herein de- scribed be organized into one consolidated independent school district and that the question of such organization be submitted to the voters upon said territory at a meet- ing of the electors thereon after due notice thereof has been given. FORM 64. driver's CONTRACT. FORM USED BT THE MARATHON, 10 WA, (CONSOLIDATED) SCHOOL BOARD. THIS AGREEMENT, Made and entered into by and between President of the Board of Directors of the Independent School District of Marathon in Poland township, Buena Vista county, Iowa, and , of Poland township, Buena Vista county, Iowa. Said covenants and agrees to transport the children of Route No to the Central School in Marathon, each day that school is in session during the school year beginning Said further agrees to comply with the following conditions : 1. He will furnish a safe strong team with proper harness. 2. He will furnish comfortable blankets and robes, sufficient for the best protection of the pupils while on the road. 3. He will collect the pupils by driving over the route each morning as directed by the board, in time to convey the pupils to school so as to arrive at the school building not earlier than nine o'clock a. m. or later than 9 :10 a. m., waiting not longer than three minutes and blowing a whistle at each house. 4. He will return the pupils to their homes, leaving the school house at 3 :30 p. m. or later as the board may determine. SCHOOL LAWS OF IOWA 193 5. He will personally drive and manage the team, or provide a suitable driver satisfactory to the board, who will comply with all the conditions of this contract. 6. He will refrain from the use of profane language in the presence of the pupils. 7. He will not use tobacco in any form during the time he is conveying the pupils to and from school. 8. He will avoid fast driving and racing with other teams, and stop before crossing the railroad and be sure that no train is coming and that it is safe and clear before attempting to cross. 9. He will keep order among the pupils and report any improper conduct to the Superintendent. 10. He will not allow the school wagons to be used for any other purpose, and report any damage to hacks to the Superintendent. 11. Should a driver frequently arrive at the school house late in the morning or be late to start to return the pupils to their homes, unless for unavoidable reasons, he shall be fined the sum of $1.00 for each failure. In consideration of the said services, the said , President of tiie board in behalf of the Independent School District of Marathon hereby agrees to pay the said the sum of .dollars per month excepting it is herein agreed that the board shall retain one-half of the first month's wages until the close of the term of service of to insure the faithful performance of the terms of this contract. The Board of Directors reserves the right to terminate this contract at any time. The board reserves the right to change the route when they consider it necessary for the best interests of the patrons. In case of change $2.50 per month will be added for each additional mile added to the route. When the route is shortened $2.50 per month will be deducted for each mile taken from the route. The President of the school board agrees to furnish a safe strong wagon complete. IN TESTIMONY WHEREOF we have hereunto subscribed our names this day of 191... President Driver FORM 65. CERTIFICATE OF RESIDENCE. 3t G. A., Ch. IJG. To Whom It May Concern : This is to certify that is of legal school age, and that he is a resident of District Township, County, State of Iowa, of which I am an officer. This certificate is given in accordance with Ch. 146, Laws of the 34th General Assembly, and with the full understanding that the said may attend any Iowa high school of his choice that will receive him, and that the average cost of tuition and average proportion of contingent expense shall be paid from the funds of this district, said expense not to exceed the average cost of tuition and average proportion of contingent expense in the near- est high school, which is President or Secretary. ■t Address. Iowa. Date 191. .. 13 DECISIONS IN APPEAL CASES Compiled for the Use of Sctiool Officers and Directors EDITION OF 1911 ALBERT M. DEYOE Superintendent of Public Instruction PREFACE. In compiling the following decisions of the Superintendent of Publi) of section twenty-five (25). The record however fails to show that the amendment was filed with the board of directors. With these petitions before it, what was the duty of the board? We regard the construction of section 2794 so important that it was submitted to Hon. Milton Remley, attorney-general, for his opinion. He says in part: "The language of the section relating to the duties of the board Is as follows: 'Such board shall establish the boundaries of a proposed independent district, Including therein all of the city, town or village, and also such contiguous territory as is authorized by a written petition of a majority of the resident electors of th» contiguous territory proposed to be included in said district in not smaller sub- divisions than entire forties of land in the same or in an adjoining school town- ship, as may best subserve the convenience of the people for school purposes, and shall give the same notices of a meeting as is required in other cases. "The board of directors of the school township is elected by the people of the entire township. They may have interests antagonistic to the formation of an independent district. There seems to be but little left to the discretion of the board. They are required to include therein all of the contiguous territory pro- 284 SCHOOL LAWS OF IOWA. posed to be included in said district in not smaller subdivisions than forty acres of land. It seems to be obligatory upon them to include the territory petitioned for, except where the proposed boundary line would divide forty acres of land, according to the government survey. They might, however, in case the conven- ience of the people of some subdistrict left out of the proposed independent dis- trict demanded it, include more territory than was described in the petition. The circumstances might be such that a few families, after the proposed inde- pendent district was carved out of the school township, would be practically left without school privileges. The law seems to require, in fixing the boundaries, that all of the contiguous territory petitioned for shall be included, but does not even inferentially prevent the board of directors, in fixing the boundaries, from including some not petitioned for. "I think the statute is mandatory, requiring the boundaries to be established by the directors, which boundaries shall include all territory petitioned for, and as much more as the judgment of the board of directors shall deem necessary to subserve the convenience of the people for school purposes. It is also manda- tory upon the board to give notice of the meeting at which the people may vote." To the question, "In case an appeal is taken to the county superintendent from the action of the board in refusing to establish boundaries, should the county superintendent consider both the convenience of the people and the petition pre- sented by the majority of the electors, or is he limited to the petition alone?" His reply is: "He can exercise no power not given by statute to the board of directors, and can make such order as the board of directors should have made. In adding any territory not embraced within the petition he should cer- tainly consider the convenience of the people, both in the proposed independent district, and also the convenience of any who are left in a school township; but like the board of the district township, he would not be authorized to omit any of the territory included within the petition from the proposed independent dis- trict. He is not, however, limited any more than the board would be by the petition in regard to adding to the proposed independent district land not in- cluded in the petition." Since it is the duty of the board and the superintendent, in case of appeal, to include in the proposed district at least all of the contiguous territory peti- tioned for, it only remains for us to do likewise. Our opinion is not final, however. The voters themselves are to determine whether or not they desire a separate organization. A careful consideration of the facts in the case leads us to the opinion that the formation of the independent district of Belknap is desirable; that it will accommodate well a large number of children. At no distant day a graded school will be provided, and with modern equipment and trained teachers, pupils will enjoy, advantages superior to those now granted them. In harmony with the petitions of the electors, and the ruling of the attorney- general, it is therefore ordered that the independent district of Belknap be con- stituted to contain sections twenty-five (25), twenty-six (26), twenty-seven (27), less the northwest quarter (%) of the northwest quarter (%) thirty-four (34), thirty -five (35), thirty-eight (38), and the southeast quarter (%) of the south- east quarter (%) of section twenty-two (22) of Soap Creek township. It is further ordered that in accordance with section 2794 the board shall take the SCHOOL LAWS OF IOWA. 285 necessary steps to provide for the holding of an election. The same to be held before November 1, 1898. Reversed. RICHARD C. BARRETT, * Superintendent of Public Instruction. Des Moines, Iowa, October 1, 1898. J. L. MuNN V. School Township of Soap Creek. Appeal from Davis County. APPLICATION FOB REHEARING. New Questions. Questions not raised at the hearing before the county super- intendent nor before the superintendent of public instruction at the time the appeal was heard by him can not be considered for. the first time on an applica- tion for a rehearing. Rehearing. The application for a rehearing will be denied unless sufficient reasons have been presented warranting a change in the former opinion. Application for a rehearing in the above entitled case is now made by the appellee, the district township of Washington, on the ground that "this ca'se does not decide whether or not an appeal lies where a board fails to take action." A review of the case shows that the board did act. It declined to establish the boundaries of the proposed independent district of Belknap. We do not un- derstand that counsel contends otherwise. Affidavit of appellant Munn, made in taking appeal from the decision of the board, says: "The school board of said school township rendered a decision re- fusing to grant the petitions of residents of Belknap and contiguous territory." Again, quoting from affidavit: "Said board erred in that they have no legal discretion in the matter, and should have granted the independent district as asked for by said petitions." Attorney for appellee argues that only the single petition from the village of Belknap was refused and that others from contiguous territory are now before the board and may be called up and passed upon at any meeting. This point was presented both orally and in written argument by counsel, and was given due consideration before announcing former decision. In the case of Jolmison v. Scliool ToicnsJiip of Utica, appeal from Chickasaw county, the board had before it at its September meeting a petition requesting the formation of a new subdistrict. Without action the board adjourned to con- sider the petition the following February. At the trial before the county super- intendent motion was made to dismiss the case on the ground that the petition was still before the board. The motion was overruled by the county superin- tendent. On appeal, this department, we think, rightly sustained the lower tri- bunal. In the case before us no action of the board could have barred more effectually the formation of the independent district. That petitions from contiguous ter- *For deci-sion of the Supreme Court in this case see 110 Iowa, 652. 286 SCHOOL LAWS OF IOWA. ritory were before the board has not been questioned. Our attention is again called to the time in which the organization of the independent district may be completed. No sufficient reason has been presented to warrant us in changing our opinion in regard to this point. The other question, whether or not the village of Belknap has sufficient popu- lation, was not raised at the hearing before the county superintendent nor this department and may not be considered now. The foregoing review disposes of the material points involved in the motion for rehearing. This department might have reversed the decision of the county superintend- ent and remanded the case to the board with instructions to establish the bound- aries of the proposed district in accordance with the opinion of the attorney- general. Had this been done the only course for the board to pursue would have been to fix the boundaries of the district including all contiguous territory petitioned for. The course adopted appeared to be the more speedy and for that reason was chosen. As previously stated, our decision, is not final. The law wisely leaves the final settlement covering the formation of district's, in such cases as this, to the voters themselves. If those residing upon the outside territory proposed to be included, desire to vote separately on the proposition, they may do so. Should a majority of the votes cast on such outside territory be against the proposed district, it shall not be formed. The application for rehearing is Denied. RICHARD C. BARRETT, Superintendent of Public Instruction. Des Moines, Iowa, October 18, 1898. O. F. Hale v. School Township of Riveedale. Appeal from Kossuth County. Appeals. Should be conducted with fairness and impartiality. TuiiE OF Hearing. If the county superintendent can not hear testimony for both parties at the time set for such hearing, he should give the parties ample time later to make a clear and full presentation of their cause. At a special meeting of the board of directors, held September 30, 1898, it was voted to change the schoolhouse in subdistrict number one, from the present site to a point one mile west. From the decision rendered, 0. F. Hale appealed to the county superintendent, who affirmed the board's action. In appealing to the superintendent of public instruction, appellant alleges errors as follows: 1st. He, the county superintendent, failed to take into consideration the geographical position, number and convenience, of the scholars and residents of the subdistricts, as required by section 2773, Code of 1897. 2d. That the trial being set for 1 p. m. on October 27th, he failed to appear until about 4 p. m., and then conducted the trial In such haste and evident SCHOOL LAWS OF IOWA. 287 impatience as to embarrass appellant whose witnesses had returned to their homes before the superintendent's arrival, and thus prevented him from fully presenting his case. 3d. That he refused to allow your appellant to argue his case and adjourned the trial without affording appellant an opportunity to fully present his case. It is due all parties in controversy that appeals be conducted with impar- tiality. The law expressly declares that notice of the time and place of hearing appeals shall be sent in writing by the county superintendent to all parties ad- versely interested. It is expected that the utmost fairness will be shown. A failure on the part of the county superintendent to appear at the appointed hour set for hearing the case Is HOt an error of great consequence, provided ample time is given all parties to make a clear and complete presentation of their cause. We find no denial of errors charged and are disposed to remand the case to the county superintendent with the suggestion that he fix a time in the near future for hearing the case anew, and give notification to interested parties as provided by statute. Having heard the testimony, and considered the geographical position, num- ber and convenience of the pupils, he shall then make such decision as may appear just and equitable. Remanded. RICHARD C. BARRETT, February 3, 1899. Superintendent of Public Instruction. Ieving J. Johnston v. Independent District ob Sanborn. Appeal from O'Brien County. Restoration of Territory. The refusal of a board of directors of an inde- pendent district to concur in the restoration of certain territory may not be reversed except when clearly shown that such refusal was an abuse of discretion. County Attoenet. It is not only wise but in conformity with law for the county superintendent to consult the county attorney before deciding an appeal. The proceedings In this case are founded upon section 2792 of the code of 1897 and is brought to have several sections of land now included in the Inde- pendent District of Sanborn restored to the school township of Summit, to which they geographically belong. The section to which reference is made above provides that territory so situ- ated may be restored by the concurrent action of the boards of directors, and shall be so restored upon petition of two4hirds of the electors residing upon the territory proposed to be set off, provided the school corporation that is to receive back the territory and the county superintendent concur. The transcript forwarded in this case is very complete. It shows that a peti- tion signed by two-thirds of the electors was presented to the board of directors of the school township of Summit and the territory accepted. For some reason not apparent, it was not then presented to the county superintendent, but was laid before the board of directors of the Independent District of Sanborn, Said 288 SCHOOL LAWS OF IOWA. board failing to act, an action was brouglit at the May term of the district court in 1898 to compel action. In response to the court's order the hoard met and considered the petition on the eighteenth of June and rejfcled the same. From the decision of the board Il-ving J. Johnston ct al. appealed to the county superintendent, who affirmed the order of the board, and said parties now appeal to the superintendent of public instruction. In all cases of appeal the county superintendent is charged to make such decision as may be just and equitable. It is alleged that the decision rendered is not that of the county superintendent, but one given by the county attorney. We can not concur in the vieTN^ taken by counsel for appellants. It is not denied, however, that the county attorney did submit tq the county superintendent an opinion. In fact, the complete opinion of the county attorney is made a part of the transcript. Having heard the evidence, we think she acted wisely and in conformity with law in requesting the county attorney for the correct inter- pretation of the law relating to the issues, before deciding the appeal. It is also alleged that the county superintendent erred in refusing to concur ¥/ith the board of directors of the school township of Summit as provided in section 2792. A careful reading of the transcript convinces us that the appeal is not, in this instance, from the action of the county superintendent in refusing to concur, but from her decision in affirming the order of the board of directors in rejecting appellant's petition. The question to be determined then is whether the board of directors of the Independent District of Sanborn in refusing to concur in the restoration of ter- ritory abused its discretion or violated law. The latter is not claimed. It is contended that the restoration of the territory is desired in order that additional school facilities may be provided for the children of the school town- ship of Summit. Such motives are commendable. Doubtless, the refusal to consent to the transfer of territory is, in part, for the reason that better school facilities are provided appellants by the board of directors in the Independent District of Sanborn. As a part of the Independent District of Sanborn those residing upon the territory in question enjoy several advantages. Among them is that of attending a well graded school in which is taught not only the common school branches, but the advanced studies as v/ell. Again, if territory is detached it becomes necessary for pupils to travel from the town while now not infrequently convey- ances in the regular order of business carry children both to and from school. That these advantages are appreciated is evidenced by the remonstrance signed by all but one of the present electors having children of school age, and pre- sented to the board of directors of the Independent School District of Sanborn prior to its action on the eighteenth of June. If pupils of the school township of Summit are not enjoying school facilities such as are most profitable and the board is desirous of securing increased ad- vantages it may arrange with any person outside the board for their trans- portation to and from school in the same or in another corporation. Expense incurred for such services may be paid from the contingent fund. Having carefully considered all of the facts and circumstances entering into SCHOOL LAWS OF IOWA. 289 the merits of the case, we can find no reason to warrant us in disturbing the decision of the county superintendent or setting aside the action of the board. Affirmed. RICHARD C. BARRETT, Des Moines, Iowa, February 8, 1899. Superintendent of PuMic Instruction. E. F. Bacon v. The Independent Disteict of West Des Moines. Appeal from Polk County. Expulsion of Pupils. Pupils may be expelled by the board for immorality, violation of the regulations and rules estblished by the board, or when their presence is detrimental to the best interests of the school. • JuEiSDicTiON. The board of directors of a school corporation' have no jurisdic- tion over children after the termination of the school year. Existing School. The order expelling a scholar must be from an existing school. The scholar's relationship with the school is severed when the school year has closed and vacation ha-s begun. The facts presented for consideration in this case show that on the third day of June, 1898, the superintendent of the West Des Moines city schools, in ac- cordance with the provisions of section 2782 of the Code, notified the president of the board of directors of the suspension of certain pupils, among them Julius Bacon, son of the appellant, for acts of disorder, insubordination, and for con- duct detrimental to the best interests of the school. On the sixth day of June the board of directors met in regular session and was addressed by the ap- pellant in behalf of his son. Several of the suspended pupils present also spoke, acknowledged their wrong and asked for reinstatement. Julius Bacon acknowl- edged his error, but pleaded extenuating circumstances. The board then ad- journed without action until June 13th, a week after the close of the school year, at which time Bacon was expelled for one year from June 3, 1898, and the others from four to seven months. From the action of the board E. F. Bacon appealed to the county superintendent, who heard the case in regular form and affirmed the action of the board. Appellant now appeals to the super- intendent of public instruction. The law provides that the board of directors may expel any scholar from school; first, for immorality; second, for violation of rules; third, when the presence of the scholar is detrimental to the best interests of the school. To warrant the board in exercising its expulsive power it is not necessary that the scholar be a corrupter of youth, or a fiagrant, or a persistent violator of the established rules. It may, if occasion requires, summarily expel a pupil whose presence is considered harmful to the best welfare of the school. To deprive a pupil of school privileges, however, is an act of so much conse- quence that it should he decided upon only after all the circumstances entering into the case have been thoughtfully weighed. The provision authorizing boards to expel when the presence of any scholar is harmful is a recent enactment. Formerly courts held that pupils could be 19 290 SCHOOL LAWS OP IOWA. expelled from school only as a punisliraent for breach of discipline or for ofiEenses against good morals. Instances have arisen where pupils intellectually the superior of their asso- ciates and possessed of high ideals in many respects have, without displaying a spirit of insubordination themselves or openly disregarding the expressed wishes of those placed over them, become leaders and incited others to open revolt against the school authorities. Recognizing the weakness of the former pro- visions of law to deal with such cases, the general assembly in revising the code inserted the third division above given in order that boards could protect the interests intrusted to them. While the provision is an excellent one, the power conferred by it should always be exercised with great care and within proper and legal limits. Several questions are presented to us for consideration by counsel for ap- pellant. In view of the construction we feel obliged to put upon section 2782 it is only necessary to determine the question: Has the board of directors of a school corporation jurisdiction over children after the termination of a school year, as determined by the board of directors? We are unable to find that this question has ever been determined by the supreme court of our state; hence to a certain extent reliance is placed upon the holdings of the judicial tribunals in other states. In a Nebraska case given in 48 Northwestern Reporter we find that an attempt was made to show that the board was justified in expelling a pupil because of an alleged insubordination. In answer to the allegation the court said: "But the charge even if true relates to her conduct during a former term of school. We need not determine there- fore Vv'hether the testimony sustains that charge or not." Here the court de- clined to consider alleged charges of insubordination because they were com- mitted at a term of school having previously closed. The statute says that the board of directors have power to "expel any scholar from school." This language evidently means that before a board of directors may issue a valid order expelling a scholar from school, there must be an existing school and also a scholar to be expelled therefrom. The transcript shows that all school exercises for the year had closed, con- tracts had expired and teachers were released. While boards of directors are charged with the making of rules for the gov- ernment of schools, we are not disposed to hold that the law authorizes them to exercise control over teachers and pupils during vacation. Notwithstanding the fact that the board in this case ordered one pupil expelled for four months, three of which are for the vacation months of June, July and August, we are not fully satisfied that the board claims such authority or wishes to be charged with the responsibility. If such is the view taken, however, it can not be sus- tained. Julius Bacon had been a scholar the past year, but the relationship was severed at the time of the board's action. There is nothing to indicate that he would present himself and claim school privileges at the opening of the next year. We are always gratified when we can affirm the decision of a county super- intendent who has sustained a discretionary act of a board. A statement of fact such as was in this case presented to the county superintendent for his con- SCHOOL LAWS OF IOWA. 291 sidcration would warrant an affirmance of a board's action in expelling a pupil for a reasonable time, if jurisdiction were not questioned. Inasmuch as there was no school and consequently nc scholars we can only find that Julius Bacon was not subject to the authority of the board of directors of the school corporation of West Des Moines and could not therefore be ex- pelled. The decision of the county superintendent is Reversed. RICHARD C. BARRETT, Des Moines, la., March 18, 1899. Superintendent of Public Instruction. E. F. Bacon v. Independent School District of West Des Moines. Appeal -from, Polk County. Application for Rehearing. Oral Argument. The failure of counsel for appellee to present oral argument, after being Informed of the hearing, will not justify a reopening of the case. Rehearing. To warrant the superintendent of public instruction in granting a rehearing it must be shown that some very serious error has been made. The attorney for the appellee comes now and asks for a rehearing in the above cause for the reason "that the sole question considered by the state super- intendent was one upon which this appellee was not heard in oral argument before him." For many years it has been the custom of the department of public instruc- tion in hearing appeal cases to notify interested parties. The office record shows that both appellant and counsel for appellee were notified of the time set for final hearing. The failure of counsel for appellee to present oral argument after being duly informed of the hearing will not justify the department in reopening the case. It is somewhat doubtful whether under the law a rehearing is contemplated or possible. An examination of the statute fails to reveal any direct provision authorizing the same, while section 2820 relating to appeals to the superintend- ent of public instruction says: "The decision when made shall be final." Doubtless, upon being convinced that a decision rendered was erroneous, either the county superintendent or superintendent of public instruction might recall the same and reverse or modify former holdings. To warrant either of these officers in reopening a case, it must be shown that some very serious error has been made, or that some additional testimony has been discovered which could not have been presented at the former hearing by using reasonable dili- gence. See case of Mary Grey v. Independent District of Boyle, S. L. 1897. In response to the application for a rehearing a willingness to receive and consider a written argument which counsel for appellee might submit touching the point determined in our former decision was expressed by the superintend- ent of public instruction. Before rendering our decision of March 18, 1899, all of the material points suggested were fully and carefully considered. Since 292 SCHOOL LAWS OF IOWA. the receipt of counsel's argument we have reviewed the case and read with care the cases cited, and believe that nothing would he accomplished by a rehearing. The application is Denied. RICHAED C. BARRETT, Des Moines, Iowa, June 1, 1899. Superintendent of Puhlic Instruction. W. H. Messner and Foster Riglee v. The School Township or Bear Grove. Appeal from QutTirie County. Bond for Costs. The law does not require the filing of a bond for costs or the giving of security therefor as a condition necessary to perfect an appeal. Expense of Appeals. It is the evident intent of the law to make it possible for aggrieved parties to have a hearing with the least possible delay and annoyance, and at the lowest expense. This case arises from the action of the board of directors of the school town- ship of Bear Grove to redistrict the same. From the board's action the appellants appealed to the county superintendent. In accordance with the statute the secretary of the board of directors filed a transcript of the board's proceedings March 15th. On the twenty-second of March the county superintendent notified appellants that the appeal was not perfected, and that unless bonds for the costs were executed, filed and approved within twenty days from the date of notice the appeal would be dismissed and the action of the board of directors affirmed. On the eleventh of April, the ap- pellants having failed to comply with the order of the county superintendent the appeal was dismissed and the order of the board redistricting the town- ship affirmed. From this order appeal is now taken to this department. Appellants appeal from the ruling of the county superintendent in dismiss- ing the appeal case, affirming the action of the board, and in requiring them to give bonds for costs: 1. Because the county superintendent erred in requiring appellants to give bond for costs. 2. Because said ruling and action is, in fact, a denial of justice, In that It prevents appellants from having a trial and hearing as provided by law. An examination of the law relating to the taking of appeals from the action if a board of directors to the county superintendent fails to show any require- ment demanding a bond for costs from any of the parties in controversy. So far as we are able to learn, the only reference to costs in cases appealed to the county superintendent, is that contained in section 2821, which reads: "But if the superintendent is of the opinion that the proceedings were instituted with- out reasonable cause therefor, or If, in case of an appeal, it shall not be sus- tained, he shall enter such findings in the record and tax all costs to the party responsible therefor." The general provisions of law touching the question of costs are in no sense applicable to cases of appeal to the county superintendent or the department of public instruction. On the contrary, the law provides that any person aggrieved SCHOOL LAWS OF IOWA. 293 by any order or decision of the board of directors may appeal therefrom to the county superintendent, and the basis of the proceedings shall be an affidavit filed with the county superintendent, within the time for taking the appeal. Nowhere can we find that the county superintendent is authorized to establish a different basis such as the giving of bonds for the security of costs. The evident intent of the law relating to appeals appears to be to make it possible for aggrieved parties to have a hearing with the least possible delay and an- noyance and at the lowest expense. Believing that the law does not require the filing of a bond for costs or the giving of security therefor as a condition necessary to perfect an appeal taken from the action of the board of directors, the decision of the county superin- tendent is reversed and the case is remanded with instructions to fix an early date for hearing the same upon merit. Reversed and Remanded. RICHARD C. BARRETT, June 26, 1899. Superintendent of Puilic Instruction. NoEA Oelke v. R. C. Spencer, CotTNTY Sxtpebintendent. Appeal from AudWbon County. Good Moral Character. The county superintendent should require proof that the applicant for a certifiicate possesses good moral character, unless he has personal knowledge of the same. Refusal of Certificate. Good moral character being one of the essential qual- ifications of a teacher, the county superintendent is fully justified in refusing a certificate to an applicant who fails to furnish satisfactory evidence of such character. Normal Institute. The county superintendent may refuse to enroll such per- sons as members of the normal institute as he has reason to believe are morally deficient. County Superintendent. Has large discretionary power in the matter of is- suing or withholding certificates, and his decision will not be reversed unless it is clearly shown that he was prompted by prejudice or ill-will, or acted with manifest injustice. This case arises from the refusal of the county superintendent to grant Nora Oelke a certificate to teach in the public schools, and to enroll her as a member of the normal institute. A hearing was had on the twenty-third and twenty-fourth days of August, 1899, before the superintendent, who affirmed his former decision. Nora Oelke appeals. The law vests in the county superintendent large discretionary powers in the matter of issuing certificates. He must be fully satisfied that the applicant pos- sesses scholarship, teaching ability, and good moral character. Of the last named qualification the law makes it his duty to require proof, unless he has personal knowledge of the same. 294 SCHOOL LAWS OF IOWA. Too great stress can not be laid upon the value of character in the school- room. The teacher's character and public conduct should be without reproach. Section 2737 of the Code contemplates that the county superintendent, among other things, should find as a fact and so certify that the person to whom authority to teach is granted is of good moral character. The county superintendent, being charged with this grave responsibility, is presumed to exercise his discretion justly and impartially. Not only is he the sole judge of the qualifications of those who desire to teach, but also of how fully he will give the applicant reasons for the refusal of a certificate. Walker V. Crawford, p. 42, S. L. Decisions, 1897. There is no evidence in this case that the action of the county superintendent was prompted by prejudice or ill-will. He privately cautioned the appellant, as well as her father, against certain indiscretions upon her part which had be- come a matter of public gOBSip, without receiving any satisfactory explanation. The superintendent, being a near neighbor to the appellant, formed his judg- ment as to her fitness to teach in a measure from personal observation of her conduct. Although represented by counsel at the hearing before the county sup- erintendent, the evidence offered in her behalf is very meager. So far as the record shows, no evidence whatever was offered to show that she is of good moral character. The refusal of the county superintendent to permit appellant to enroll as a member of the normal institute, is also assigned as error. Under the law the county superintendent has general charge and control of the normal institute. As its head he not only possesses the legal right, but in our opinion it becomes his duty to exclude from its membership persons who are intellectually or morally unfit to attend. Most educational institutions re- quire testimonials as to character before students are admitted. This rule is a reasonable one, and the head of a college or normal institute would be justified in refusing to enroll such students as he has reason .to believe are morally deficient. Under the law we are compelled to give due weight to the acts of the county superintendent. His decision should not be reversed unless it is clearly shown that he violated the law, abused his discretion, or acted with manifest injusticr. The evidence fails to disclose that such showing has been made. The decision of the county superintendent is therefore Affirmed. EICHARD C. BARRETT, Des Moines, December 15, 1899. Superintendent of Pu'bMc Instruction. J. M. Sutton v. The Independent District of Shelby. Appeal from SJielby County. Location of Schoolhouse Site. In the location of a schoolhouse site the board is justified in considering the wishes of a majority of the people as indicated in the vote upon the issuance of bonds. Expenditure of Money. Where money is voted by the electors for a specific purpose, or where they couple certain directions with their vote when authoriz- SCHOOL LAWS OF IOWA. 295 ing the expenditure of money, such directions or vote may not be disregarded by the board. The board of directors, being about to erect a new building to be used for high school purposes, were petitioned to locate the same at a point east of the railroad track. From their action in refusing to grant the prayer of said peti- tion, the plaintiff appealed to the county superintendent, who, on the twenty-first day of September, 1899, affirmed the action of the board. From that decision appeal is taken to this department. It appears from the evidence that in March, 1899, the electors of the Inde- pendent District of Shelby voted to authorize the board to issue bonds in the sum of six thousand dollars, "for the purpose of erecting an additional school building, the same to be built of brick, and purchasing a steam heating plant and placing it therein and in the present building in said district, in such a manner as that both the new and the present school building shall be heated thereby." It being subsequently found that the amount first voted would be insufficient, the electors on the third day of August voted an additional three thousand dollars upon the same condition as the first issue was voted. We are unable to find that the board abused its discretion or violated law in rendering the decision complained of. The members of the board were evi- dently desirous of carrying out the wishes of the people as indicated in the vote upon the issuance of bonds. To our mind it is quite clear that the electors authorized the issuance of bonds with the understanding that the new build- ing should be erected in close proximity to the present one. Any other theory renders the clause, "and placing a steam heating plant therein and in the present school building in such a manner as that both the new and the present buildings shall be heated thereby," practically meaningless. This department, as well as the supreme court of our state, has held that where money is voted for a specific purpose, or where the electors couple certain, directions with their vote when authorizing the expenditure of money, such directions or vote can not be disregarded. The decision of the county superintendent is Affikmed. RICHARD C. BARRETT, Des Moines, December 14, 1899. Superintendent of Public Instruction. J. E. Rush et al. v. School TowjsShip of Franklin. Appeal frovi Allamakee County. Appeal. An appeal may be taken from the decision of th^ board to place a peti- tion on the table. In this case the appellants presented the following petition to the board of directors of the school township of Franklin at the regular meeting of the board of directors in September: "We, the undersigned citizens and residents of Franklin, in Allamakee county, Iowa, respectfully represent that they are without school advantages by reason of being so far from a schoolhouse that during the winter season nearly all of the small children in our neighborhood have to remain at home. 296 SCHOOL LAWS OF IOWA. "That there is a sufficient number of school children of school age in our neighborhood to form a school if a school building could be placed near the sec- tion corners of sections 2, 3, 10 and 11. "We therefore respectfully ask that you take such action as will secure the location and erection of a school building at the corners of the sections above named and provide for a school to be held at that point." The certified copy of the transcript of the proceedings of the board shows that "after much discussion it was decided to place the petition on the table until the next meeting of the board." From this decision J. E. Rush et al. appealed to the county superintendent. At the hearing before this officer a motion to dis- miss the appeal was filed on the following ground, to-wit: "That there is in the record no grounds shown for an appeal in this — that the action complained of was simply a motion to lay the petition on the table — a matter from which no appeal can be taken." Two other counts are assigned, but are not of importance in the determination of this appeal. The county superintendent sustained the motion for the reason "that the action was not appealable," and dismissed the case. J. E. Rush and W. T. Roderick appeal to this department. The main contention is: May appeal be taken from the decision to place the petition on the table. In the case of Rogness v. District Township of Glenwood, appeal from Win- neshiek county, this department held that the right of appeal from the vote of a board to lay a petition on the table can not be questioned, but like any other action must be regarded as subject to appeal. In this opinion we find ourselves in accord. To hold otherwise under con- ditions such as are alleged to exist in this case would, we think, work great injury. The purpose of the board in laying the petition on the table is not ap- parent, but no other action upon their part could have more effectually pre- vented petitioners from obtaining relief. To sustain the decision of the county superintendent would, we think, at least be to encourage boards of directors in employing dilatory tactics instead of business methods in the transaction of educational aJfairs. The law prescribes that boards of directors shall hold semi-annual meetings in September and March. By section 2801 authority is conferred upon boards of directors to divide the school township Into subdistricts such as justice, equity, and the interests of the people require. This provision in the case of Donelon v. The District Township of Kniest, was held to mean that changes in boundaries of subdistricts could only be made at the regular September meeting or one called for that purpose before the following March. The order of the board was that the petition be laid on the table "until the next meeting of the board," but the records fail to show that any time was fixed for the meeting. It may be said that a special meeting could be called at any time. This is true, but the fact that no such meeting was held up to the time of hearing the appeal before the county superintendent on the nineteenth of .December, and the further fact that appellees are now strenuously seeking to have this department affirm the decision, is presumptive that the board had no intention SCHOOL LAWS OF IOWA. • 297 of considering tlie interests of petitioners, prior to the annual meeting in March, if at all. In view of the above we think the case should be heard upon its merits by the county superintendent. It is therefore ordered that he fix a time, giving due and proper notice to interested parties, and after hearing testimony for either party, render such decision as may be just and equitable. Eeversed and Remanded. RICHARD C. BARRETT, Des Moines, Iowa, March 27, 1900. Superintendent of Public Instruction. A. J. Jones v. Independent Disteict of Ocheyedan. Appeal from Osceola Coiinty. Dismissal of Teachee. The board may not dismiss a teacher for refusing to teach grades or classes other than those named in the contract. Special Meeting. A teacher may not "be discharged at a special meeting called for the purpose of securing modification of his contract. Contract. A refusal of the teacher to agree to a change in a legal contract with the board is no ground for discharge. On March 23, 1899, the appellant entered into a written contract in the usual form by the terms of which he was to "teach the high school and superintend the public school" in the Independent District of Ocheyedan for the term of twenty-four weeks, commencing in September, 1899, and was to receive for such service the sum of seventy-five dollars per school month. On September 11, the opening day of the term, the board of directors at a special meeting convened at the schoolhouse passed the following resolution: "Whereas, The principal, A. J. Jones, has refused to accede to the request of the board in regard to the eighth grade being advanced to the high school room, he is hereby dismissed as principal and superintendent of the Ocheyedan public schools from this date, and his contract is hereby annulled." From the order of the board appeal was taken to the county superintendent, who affirmed the action of the board, and the appellant now seeks relief in this department. Appellant asks a reversal chiefly on two grounds, viz.: (1) That the eighth grade was no part of the high school and for that reason it was no part of his duty to teach it. (2) That he was not accorded that full and fair investigation contemplated by the law as set forth in section 2782. These two points will be considered in the order presented. 1. We find from the transcript that at a meeting of the board of directors, held October 10, 1898, the appellant was requested to prepare a three years' course of study for the high school, and also a set of rules and regulations for the government of the schools. Appellees earnestly contend that the power to prescrihe a course of study and rules and regulations, rests with the board, and that in the absence of delegated 298 • SCHOOL LAWS OF IOWA. authority to re-delegate sucli power, no power exists to thus delegate, and any attempt to do so is void. This question we need not determine, as no action of the board shows that it attempted to delegate any authority to appellant. A reasonable construction of the board's action providing that the principal prepare a course of study, is that he might make such course as would in his judgment meet the needs of the schools under his supervision, and submit his report to the board for approval, modification or rejection. This method is that usually adopted by boards, and the principle has indirectly been approved by the supreme court. {Hall v. Ind. District ApUngton, 82 Iowa, 686). At a special meeting of the board on October 15, 1898, the course prepared by appellant, together with rules and regulations, was adopted, and according to the testimony of Mr. Underbill was, so far as completed, printed by him on the order of the board in November following. It must, we think, be conceded that the board adopted the course of study with suitable regulations. We are led to this conclusion by the further fact that the board on September 11, 1899, voted to rescind the action of October 15, 1898, in reference to the course of study. The query naturally arises, why this action if no course were adopted? The contract entered into by the board with appellant was made in March following the adoption of the course, and, as above stated, provided that he should teach the high school, which, according to the classification adopted Oc- tober 15th, consisted of the ninth, tenth and eleventh grades. Did the board have the right to dismiss appellant for refusing to teach grades or classes other than those named in the contract? We think not. To answer affirmatively would be equivalent to stating that boards of directors have abrogative power relating to contracts with teachers. To allow them to re- pudiate contracts and force other parties to perform duties not agreed upon would, we think, be to encourage a breach of contract and a breach of faith. If a board has a right to modify, without consent, a contract to the extent of requiring a principal to teach an eighth grade not contemplated when the contract was made, there would appear to be no limit; and a hostile board could demand that a teacher under contract to give instruction in high school branches should teach primary pupils, or vice verlsa; and upon failure to exe- cute in a satisfactory manner the demands of the board, discharge him for in- competency. 2. This case differs from that usually presented. There are no charges of incompetency, inattention to duty, partiality, or immorality. The testimony and the record show that appellant began his school September 11th at the usual hour of opening. The board of directors met on the afternoon of September 11th and after rescinding the action of October 15th, 1898, whereby a course of study was adopted, "adjourned to meet at the schoolhouse at once." Here the appellant was discharged, as stated in the resolution above given. Was the meeting such as the law contemplates shall be held in cases of this kind? The law wisely provides that a teacher may only be discharged after an impartial trial held for that purpose. In all the testimony, there is no dis- agreement as to the purpose of the meeting. It was for the purpose of getting the appellant to modify the contract by accepting the eighth grade, and not for SCHOOL LAWS OP IOWA. 299 the purpose of discharging him. He was called into the presence of the board and informed of its purpose. Appellant stated in his reply, which was written, and which he was asked to give at once, that he was ready to fulfill his contract; that if the board had rescinded its action in regard to a course of study he would like to know what the course of study for the high school should be, and the duties of the superintendent under the same. He expressed a willingness also to teach even the eighth grade for a reasonable amount of additional salary. Li view of this expressed willingness of appellant to do that which seems reasonable, we are unable to justify the action of the board. We think a com- promise might well have been attempted, and proven at least reasonably satis- factory to both parties. The whole case has been given most earnest attention, and we can not find that appellant was discharged for good and sufficient cause, after that impartial investigation contemplated. His dismissal under all the circumstances revealed by the record can not be approved. Reversed. RICHARD C. BARRETT, Des Moines, Iowa, May 12, 1900'. Superintendent of Public Instruction. J. W. Lytle v. School Township of Washington. Appeal from Story County. Independent District Boundaries. It is mandatory upon the board of a school township to include in a proposed independent district all of the territory within the corporate limits of the town. Incorporated Town. In the formation of an independent district under section 2794 of the Code, all the town must be included in the proposed district, not- withstanding the fact that said town was formerly located partly in a school township and partly in a rural independent district. Boundaries. The extension of the boundaries of a municipal corporation ex- tends the boundaries of the independent district of said municipal corporation. On February 17, 1900, at a special meeting of the board of directors of the school township of Washington there was presented a petition of thirty-three citizens of the town of Kelly, asking the establishment of an independent district, including therein all of the incorporated town. After discussion, the matter was deferred for a week in order that the board might more thoroughly investigate and obtain an opinion of the county super- intendent, county attorney, and other unbiased counsel, if deemed necessary. At the date fixed the board met and established the boundary lines for the new district, as requested by petitioners. On March 6, 1900, J. W. Lytle et al appealed from the order of the board to the county superintendent, who reversed its action. From the plat submitted, it is shown that the town of Kelley is situated on the township line in the townships of Washington and Palestine, and includes the following territory: 300 SCHOOL LAWS OF IOWA. The south three-fourths of section thirty-one (31), and the south three-fourths of section thirty-two (32), west one-half of section thirty-three (33), range thir- ty-three (33), township twenty-four (24), in Washington township; the north- west quarter (%), of section four (4), north one-half (i^) of section five (5), and north one-half (%) of section six (6), in Palestine township, range eighty- four (84), township twenty-four (24). The chief point in controversy is, has the hoard of directors of a school town- ship authority in e-stablishing the boundary lines of a proposed independent dis- trict to include in the new district any part of the territory of adjacent rural independent districts? Generally speaking, such territory can not be included, Section 2794 of the code provides, however, that "upon the written petition of any ten voters of a city, town or village of over one hundred residents, to the board of the school township in which the portion of the town plat having the largest number of voters is situated, such board shall establish the boundaries of the proposed independent district, including therein all of the city, town or vil- lage." The section clearly indicates that it is mandatory upon the board to include in the proposed district all of the territory within the corporate limits of the town, regardless of whether or not the territory in part belongs to rural inde- pendent districts. Failure to do so would, we think, be a plain violation of law. It is true, as held by the county superintendent in his opinion, that no inde- pendent district may, in the formation of a new district, be subdivided so as to contain less than four sections of land, except in certain instances enumerated in section 2798. It is also true that "the independent district from which territory is detached shall, after the change, contain not less than four government sec- tions of land," etc. (Section 2793.) We are of the opinion that these limitations apply to the cases set forth in the sections cited, and are not applicable when it is proposed to form an independent district containing an incorporated town, lo- cated largely in a school township, and in adjacent rural independent districts. On March 23, 1899, in answer to the question: "Does the law as found in chapter eighty-nine (89), acts of the twenty-seventh general assembly, contem- plate that 'when the corporate limits of any city or town are extended outside of the existing independent districts or districts, the boundaries of said inde- pendent district or districts shall be also correspondingly extended,' without re- gard to township or county lines, manner of organization of the district or dis- tricts from which territory is taken, or the condition in which such district qr districts will be left after the territory has been taken?" Hon. Milton Remley, attorney-general, in concluding his official opinion to the department said : "My conclusion is that the extension of the boundaries of a municipal corpor- ation made in the manner required by law, extends the boundaries of the inde- pendent districts of said municipal corporation, without any action on the part of the school districts or their officers, and regardless of the effect of such change upon the district from which territory is taken." Thus it appears that while section 2794 makes it the duty of the board to in- clude all of the territory of the city, town or village in the formation of a new independent district, chapter eighty-nine (89) provides for the enlargement of the boundaries of the independent district, whenever the corporate limits are legally extended. So broad is this provision that the extension of the boundaries SCHOOL LAWS OF IOWA. 301 of the municipal corporation, so as to include an entire district or districts, cor- respondingly extends the boundaries of the independent district. Though the opinion quoted has special reference to the extension of the bound- aries of the municipal corporation, we think the holding applicable in the case before us. We can not find that the board violated law, abused its discretion, nor acted with prejudice or malice. The decision of the county superintendent is, therefore, Reversed. RICHARD C. BARRETT, July 3, 1900. Superintendent of Public Instruction. G. N. Wilson v. Independent Distbict of HiTiaiAN, Appeal from Monroe County. Expulsion of Scholar. The board may, by a majority vote, expel any scholar from school for immorality, or for any violation of the regulations or rules estab- lished by the board. Notice. The law does not require school boards to give parents or pupils notice or a chance for defense before ordering suspension or expulsion. Action of the Board. Must be affirmed in the absence of showing of malice, prejudice, or violation of law. The majority of the board of the Independent District of Hiteman expelled a son of the appellant, a pupil In room No. 3, from the school and school grounds for bad and immoral conduct. From the action of the board, appeal was taken to the county superintendent, who sustained the board, and an appeal is taken to the superintendent of public instruction. Section 2782 provides that the board may, by a majority vote, expel any scholar from school for immorality, or for any violation of the regulations or rules established by the board; and it may also confer upon any teacher, prin- cipal or superintendent the power temporarily to dismiss a scholar, notice of such being at once given in writing to the president of the board. The record presented shows that the board had by Rule No. 2 conferred upon the principal the "power to suspend any pupil for repeated disobedience; for filthy or immoral habits or language, for injuring or defacing school prop- erty, or for any intentional violation of the rules." Under the authority thus conferred, the principal did, on the seventeenth day of December, 1900, notify the president of the board of the dismissal of J. Wilson, for conduct unbecoming a pupil. On the following day the board in special session sustained the order of the principal "until such time as his parents shall give assurance to the school board that he will comply with the rules of the school." In appealing to the county superintendent, appellee alleges that said pupil was "expelled without cause and without legal notice or chance to defend." Appellant seems to have an erroneous idea regarding the power of a board to dismiss a pupil. The law does not demand that the board shall give parents or pupils notice or chance for defense before ordering suspension or expulsion. 302 SCHOOL LAWS OP IOWA. The power to expel a pupil is wholly within the discretion of the board. How- ever, the undisputed testimony of the principal goes to show that the father of the boy was notified by a member of the board of the meeting to be held for the purpose of investigating the case. A careful examination of the entire record submitted fails to reveal that the action of the board is in any way tainted by malice or prejudice, or that there has been a violation of law. In expelling the pupil until such time as he was willing to conduct himself properly and obey the reasonable regulations of the school, we think the board acted in a very conservative and proper manner, and that the county superintendent was justified in sustaining its action. The decision of the county superintendent is Affiemed. RICHARD C. BARRETT, Des Moines, Iowa, May 27, 1901. Superintendent of PuMic Instruction. H. A. Topping and Thomas Williams v. School Township of Union. Appeal from Van Buren County. Correction of Decision. The superintendent, in the discharge of his judicial duties, may, within a proper time, recall and correct a decision erroneously rendered. Decision. The county superintendent is warranted in rendering a decision based upon certain conditions. This case arises from the action of the board of directors of the school township of Union in voting to remove the schoolhouse in subdistrict number four from its present location to a site one-half mile south and one mile west. Upon appeal to the county superintendent, it was shown that the children from the families of appellants would be nearly or quite two and one-half miles from the schoolhouse located upon the new site. The county superintendent remanded the case to the board July 1st, with the recommendation that it make provision for the schooling of the children in adjacent districts, provided they desire to attend, "but if that is not done we will be compelled to reverse the action of the board." On July 16th a statement signed by the president and secretary pro tem. of the board of directors of Union township was filed, al- leging that the board had made arrangements to send appellants' children to school in accordance with the decision. On the same date attorneys were noti- fied that the action of the board was sustained. On July 23d counsel for ap- pellants filed a statement from the board of directors of the Independent Dis- trict of Winchester to the effect that "no provision has been made with the board of the school township of Union for the schooling of the children of Thomas Williams." On the following day counsel filed a motion, asking that the decision rendered July 16th be set aside, since the board had failed to carry out its provisions. In passing upon this motion the superintendent held, that since notices had been sent to interested parties that the action of the board was sustained, the case was closed and could neither be reopened nor the decision set aside. SCHOOL LAWS OF IOWA. 303 In this conclusion we think the superintendent unintentionally erred. In the case of Desmond v. The Independent District of Glenwood, 71 Iowa, page 23, the supreme court held: "The superintendent of public instruction, in the discharge of his judicial duties, has the power to correct mistakes in rendering jQdgments in a case before him possessed by all courts and judicial officers. If, through mistake, he should announce a decision differing from the decision actually rendered, he possesses the power to recall such an announserr.ent, and publish the decision correctly; or if, mistakenly, he should render a decision, he could, before rights had been acquired under it, and within a proper time, upon discovering the mistake, recall it and decide rightly." We think that the county superintendent has the same power. By the provisions of section 2774 the board of directors has power to con- tract with boards of other school townships or independent districts for the instruction of children who live at an unreasonable distance from their own school; and we think the county ■superintendent was warranted in rendering. a decision based upon certain conditions. The case is remanded to him with the suggestion that he reopen the same, and give all parties interested the opportunity to show clearly and definitely that there has or has not been a compliance with the decision. If such showing is not made within a reasonable time, it is recommended that he make such decision as to him appears just and equitable, after taking into consideration the geographical position, numher and convenience of pupils. From the decision, any party aggrieved will have the right to appeal. Remanded. RICHARD C. BAREETT, Superintendent of Pudlic Instruction. Des Moines, Iowa, November 13, 1901. F. E. Hammer v. Will Cook. Appeal from Adair County. CoxsTiTUTioxALiTY OF LAWS. It is not the province of the county superintend- ent or of the superintendent of public instruction to determine the constitution- ality of the law, since these officers exercise m.inisterial rather than judicial powers, and no appeal may be had to the supreme court. Jurisdiction of Superintendent. It is the duty of the county superintendent and of the superintendent of public instruction to give effect to the law as interpreted by the courts. Costs — Taxing of. The costs in cases triable before the county superintendent should be paid by the party instituting the proceedings unless there were good and sufficient reasons for beginning the action and the allegations have been proved. Costs — Taxing the Corporation. Under section 2821, where the county super- intendent could not under her findings tax the costs to the plaintiff because 304 SCHOOL LAWS OF IOWA. there was reasonable cause for instituting the proceeding, nor to the defendant for the reason that she had to find for said defendant, she must, tax them to the school corporation. On the twelfth d^ of January, 1904, Mrs. Ella C. Chantry, county superin- tendent of Adair county, in rendering a decision in the ahove entitled case, taxed the costs amounting to $51.05 to the school township of Harrison. There- upon the school township, through its attorney, filed a motion with the county superintendent to retax the costs, and on the ninth day of February, 1904, the motion was overruled. From this action of the county superintendent, the board of directors of the school township of Harrison appeals to the super- intendent of public instruction. Two questions only need be considered: First, had the county superin- tendent warrant in law to tax the costs to the school township; and, second, if she had such warrant, did she abuse her discretion in so taxing? Section 2821 of the Code says: "The county superintendent in all matters triable before him shall have power to issue subpoenas for witnesses, which may be served by any peace officer, compel the attendance of those thus served, and the giving of evidence by them, in the same manner and to the same extent as the district court may do, and such witnesses and officers may be allowed the same compensation as is paid for like attendance or service in such court, which shall be paid out of the contingent fund of the proper school corporation, upon the certificate of the superintendent to and warrant of the secretary upon the treasurer; but if the superintendent is of the opinion that the proceedings were instituted with- out reasonable cause therefor, or if, in case of an appeal, it shall not be sus- tained, he shall enter such findings in the record, and tax all costs to the party responsible therefor." The transcript of this case shows that the plaintiff, F. E. Hammer, pre- ferred charges against Will Cook, a teacher, and sought to secure the revoca- tion of the certificate of said Cook. The two parties in interest were Hammer and Cook. Counsel for appellant argues that the school township "was in no way made a party to the proceedings, had no notice therein, nor any oppor- tunity to appear, defend or prosecute said proceedings;" and that the order of the county superintendent in taxing the costs to the school tov/nship, if sus- tained, would deprive the school township of its property without due process of law. It is, therefore, urged that section 2821 of the Code, insofar as it at- tempts to confer jurisdiction to tax costs to school corporations, where such a school corporation was not a party to the proceedings, is unconstitutional, and- we are asked to so declare it. This, manifestly, we can not do, since no appeal can be taken to the supreme court from a decision of the superintendent of pub- lic instruction. We are obliged to give effect to the law as it stands until the same is annulled by the supreme court. Section 2821 plainly makes it the duty of the county superintendent to tax the costs in "all matters triable before him," either to the school corporation or to the party responsible for bringing the case. If the county superintendent could not, under her findings, tax the costs to F. E. Hammer, she was obliged to tax the costs to the school township of Har- rison, and if the constitutionality of the law under which this power was exer- SCHOOL LAWS OP IOWA. 305 cised is to te questioned, the school township should seek to secure an order from the district court to set aside the judgment. But, had F. E. Hammer reasonable cause for instituting the proceedings? The county superintendent in her decision says: "I find that this proceeding was begun in good faith and that he (F. E. Hammer) had reasonable cause for filing the information." In support of this conclusion the evidence shows that the most serious allegations of the information were sustained — that the teacher had resorted to methods of punishment that can not te approved, and that in the course of a fight with two of the large boys of the school he had used obscene and indecent language. But there were extenuating circum- stances, and the certificate was not revoked, the superintendent instead repri- manding the teacher for his errors. We are of the opinion that the costs in cases triable before the county super- intendent should be paid by the party instituting the proceedings, unless there is very good cause for beginning the same and the allegations are fully proved. In the case before us the allegations of the plaintiff were suetained by the evi- dence, and while the prosecution was, no doubt, prompted in part by malice, in the exercise of her discretionary powers conferred by section 2821 of the Code, the county superintendent refused to tax the costs to the plaintiff, F. E. Hammer. We do not find sufficient cause for reversing this decision, it being a well recognized rule of the courts that in the absence of an affirmative showing of an abuse of discretion, the presumption is that it was properly exercised. (58th Iowa, page 131.) Affirmed. JOHN F. RIGGS, Des Moines, Iov*a, May 25, 1904. Superintendent of Public Instruction. G. E. Hancock et al. v. School Township of Franklin. Appeal from Allamakee County. Power of Committee of a School Board. A school board may not confer upon a committee authority to purchase a site, contract for the erection of a school- house or perform any other duty enjoined upon the board by the law. School Privileges— Transportation. While it is incumbent on the board to furnish reasonable school privileges for all the children of the township, it is often the better plan to transport pupils to existing schools than to establish additional schools. Redisteicting — Entire Corporation Considered. A school board in establish- ing subdistrict boundaries must consider the interests of all in the corporation. At a regular meeting of the board of directors of the school township of Franklin, held on the twenty-first day of March, 1904, a motion was adopted by unanimous vote by which the president of the school board was empowered and instructed to "appoint a committee of three to lease a schoolhouse site to set the No. 9 schoolhouse on. That this committee be empowered to let contract of moving schoolhouse, surveying school site, and all other work pertaining to such work, and are authorized to draw orders on the treasurer to pay for the same." 20 306 SCHOOL LAWS OF IOWA. From this action of the board appeal was taken to the county superintendent, who, on June 6, 1904, rendered his decision affirming the action of the board, as set forth in the resolution, and approving the selection of the site made by the committee appointed under the resolution. From this decision of the county superintendent G. E. Hancock et al, appeal to the state superintendent, and ask a reversal on two grounds: First, that the order and proceedings of the school board were unuathorized, and Second, that, had the action been regular, the removal of the schoolhouse to the location where the testimony shows the committee proposed to move it, would be prejudicial to the rights of appellants and the school patrons and tax payers of the township. Section 2773 of the Code makes it the duty of the school board to "fix the site for each schoolhouse," and it has been held by this department that "the power to locate sites for schoolhouses is vested, originally, exclusively in the board." Counsel for appellees contend that when the action of March 21st was taken it was well understood by all members of the board where the schoolhouse was to be placed. While this is altogether probable, it is not revealed in any way in the records, and there was nothing in the resolution that limited the com- mittee in any particular. Neither is there any record to show that the com- mittee was to report its findings back to the board for final action. In fact, the contrary is inferred, since the committee was "empowered to let contract for moving schoolhouse, surveying school site, and all other work pertaining to such work, and to draw orders on the treasurer to pay for the same." We are of the opinion that the board clothed this committee with powers which a school board alone can exercise. A committee of the board may properly make choice of a definite site and secure an option from the owner of same, either to lease or sell, and then report back to the full board for adoption or rejection. The fact that the committee did make a report to the board on the eighteenth day of June, — twelve days after the county superintendent gave his decision, — ' does not legalize the act of the board in appointing the committee with powers which the board could not legally delegate. It was the evident intent of the board when appointing the committee that no report was expected, at least not until the entire work of surveying the site and of moving the schoolhouse should be completed. The board was further in error in authorizing a committee of its members to "draw orders on the treasurer." Section 2780 of the Code makes it the duty of the board to "audit and allow just claims against the cor- poration, and no order shall be drawn upon the treasury until the claim therefor has been audited and allowed." Since the powers delegated to the committee were unauthorized by law, it follows that the work of the committee can not stand. It is thus unnecessary to enter into a full discussion of the second contention of plaintiff, viz.: That the site selected by the committee, had it in fact been regularly and legally se- lected, would have been an abuse of discretion and reversible error. But since the board will have the whole question before it anew, we venture to suggest that in adjusting the subdistrict boundaries or in changing the SCHOOL LAWS OF IOWA. 307 location of one or more of the schoolhouses, careful deliberation should be had and the strict form of the law should he adhered to. The record of the case shows that the board has for years attempted to har- monize conflicting interests and has, as we believe, sought in good faith to serve the interests of the entire township. While it is incumbent upon the board to furnish reasonable school privileges for all the children of the township, it would, in our judgment, be unwise to create a new subdistrict and establish an additional school. Last year there were but 184 pupils enrolled in the entire township of Franklin. In some of the schools of this township the enrollment is now far too small for satisfactory school work or reasonable economy in the maintenance of the school. A saner course than the establishing of an ad- ditional school would be for the board to furnish transportation for those children remote from school. Indeed, we are strongly of the opinion that some of the schools now existing could be profitably abandoned and the children carried to another school, which could easily be made a better school. We commend to the board a careful consideration of this suggestion, believing as we do that partial consolidation of school interests and transportation of pupils remote from school will solve the difficult problem with which the board has been contending for years. We venture this suggestion as one of the means of meet- ing a difficult situation and at the same time of increasing the enrollment and average attendance in the township. But whatever course the board may take, the interests of the entire town- ship must be considered and an adjustment made that will do practical justice to all. It is with the confident belief that the board will make such adjustment that the case is remanded for further consideration and action. Reversed and Remanded. JOHN F. RIGOS, ^Superintendent of PuWc Instruction. Dcs Moine?, Iowa, November 14, 1904. A. Engbers et ail. v. School Township of Richmond. App^a,l from Mahaska County. Rkcords. The secretary's record should show a copy of each notice, a complete account of the transactions of all meetings of the board and of the electors, arranged in chronological order, the date of each being given, the names of the members present at each meeting of the board, and the names of those voting for and against each proposition acted upon by it. Record — Defective. A defective record may render it impossible to try a case on its merits. Election — Notice of Proposition. No proposition may legally come before the electors at a regular or special meeting unless ten days' notice has been given. Notice — Form of Fkoposition. The proposition submitted to the electors must not diiier in any essential from the proposition as advertised in the notices. 308 SCHOOL LAWS OF IOWA. Vote of Electors — Insteuctions. When the electors vote a schoolhouse tax to erect a schoolhouse on a particular site the board is without power to erect it on a different site. JUEiSDicTiON OF SUPERINTENDENT. Neither the county superintendent nor the superintendent of public instruction have jurisdiction over questions arising under the voting of taxes. The transcript in this case shows that on the sixth day of March, 1905, the electors in Subdistrict No. 10 of Richland township decided to ask that a tax be voted for the erection of a schoolhouse in said subdistrict on the old site. At the annual meeting, held one week later, the proposition was presented to the electors, the secretary's record of the proceedings being as follows: "No. 10, subdistrict, asked for tax to build new schoolhouse; amount, $700. They also asked for new road to schoolhouse; amount not named. Motion made to move schoolhouse site one hundred rods south and one-half mile west in subdistrict number ten from what it is now, providing the tax for schoolhouse carried." Eighty-four ballots were cast for this motion, fifteen against, and one blank. The school board held meetings on March 20th, April 10th, May 27th and July 22d. But the record does not show who of the members were present, although the testimony would indicate that a majority of the members were present at each meeting. It appears that no motion was made or vote taken at any one of these meetings and the secretary, so far as the transcript shows, took no minutes of what may have been informally agreed upon. The following advertisement appeared in the New Sharon Star for four con- secutive weeks, beginning with the issue of June 14, 1905: BIDS FOR SCHOOLHOUSE. The school board of Richland township will receive bids for the building of a . new schoolhouse in Subdistrict Number 10, Richland township, Mahaska county, Iowa. Plans and specifications are now in the hands of the secretary, with whom bids may be left. Said bids will be opened July 22, 1905. The board re- serves the right to reject any and all bids. Mamie Lindsley, Sec, Peoria, Iowa. Bids were opened and the contract awarded July 22d, and on the same date appeal was taken to the county superintendent who, after admitting an amend- ment to the affidavit of appeal, proceeded with the trial and rendered a de- cision, ordering the schoolhouse to be placed on the old site. From this de- cision of the county superintendent the board of directors appeal to the super- intendent of public instruction. W© can not condemn too strongly the careless manner, both in transacting the business and in keeping the records in this school township. The secre- tary's records should show copies of all notices posted, a complete record of all business transacted at the annual meeting of electors, the date of every meet- ing of the board and the place held, the members present, the votes taken, and every important item of business transacted. Particularly in all matters re- lating to the voting of taxes and expending of public money the records should be full and explicit. But in the case at bar, with four meetings of the board held, and important questions involving the expenditure of public money de- termined, ther.e is no evidence that the business transacted at any of these SCHOOL LAWS OF IOWA. 309 meetings was made a matter of record. While there is nothing in the testimony to show that the board acted in bad faith or purposely sought to deceive, the record is so incomplete that the actions from which appeal is sought to be made could not be easily located or the nature of the action clearly determined. The transcript In the case does not give a copy of the notice of the annual meeting (required by section 2746 of the Code), and the record is silent as to what said notice contained. This omission is unfortunate, for the whole ques- tion of the legality of the action taken by the electors and the subsequent actions of the board rests upon the contents of this notice. Section 2749 of the Code enumerates certain powers the electors may exercise when assembled at the annual meeting on the second Monday in March, among others the power to vote a schoolhouse tax for the purchase of grounds and the construction of schoolhouses. Section 2746 provides that the secretary of the board of directors shall give not less than ten days' notice of said meeting by posting notices in at least five public places in the corporation, said notices to specify "the place, day, hours during which the meeting will be in session, specifying the number of directors to be elected and the terms thereof, and such propositions as will be submitted to and determined by the voters." In the case of Ooerdt v. Trumm, 118 Iowa, page 207, the supreme court holds that none of the propositions enumerated under section 2749 can be legally acted upon by the electors at the annual meeting unless specific and legal notice has been given that such proposition or propositions will be submitted. In the case at bar, with the incomplete transcript, we are unable to know whether or not the action taken by the electors March 13th was legal. The preponderance of the testimony shows that the motion voted upon was understood by the electors to combine two propositions, viz.: The location of the site and the voting of the tax. If then the notices previously posted by the secretary stated that the question of voting a tax to build on a site at or near one hundred rods south and one-half mile west of the old site would be sub- mitted, the vote on such question locating the schoolhouse and voting the tax for its erection was legal and the board was without power to select a different site. While the record is entirely silent as to the contents of the notice of the annual meeting posted by the secretary, it is improbable that any mention was made in such notice that a change of site was contemplated, for Mr. W. S. Lindsley, in his testimony, says: "At the annual meeting I made the suggestion that we change the schoolhouse site from where it was to one hundred rods south and a half mile west." It appears that this suggestion was made for the first time at the annual meeting, and that it had not been mentioned in the written notices posted by the secretary ten days before, and therefore could not be considered by the electors. If no notice of the site proposition was given, the fact that it was coupled with the tax proposition would invalidate the entire vote, even if legal notice as to the tax proposition had been given, the rule being that the proposition as voted upon must not differ in any essential from the proposition as advertised. If then the electors acted within their rights in voting the tax and the loca- tion, the board was under the necessity of carrying out the instruction given. (Rodgers v. School District of Colfax, 100 Iowa, 317.) If, on the other hand, the action of the electors in voting the tax and the location was illegal, no tax 310 SCHOOL LAWS OF IOWA. could be legally raised and no schoolhouse could be legally constructed. In either case an appeal would not lie. If the whole procedure has been without warrant of law, as we suspect, the board may be enjoined from collecting or applying any public funds for the payment of site or construction of school building. The county superintendent was without jurisdiction, and the case is therefore Dismissed. JOHN F. RIGGS, Superintendent of Public Instruction. Des Moines, Iowa, November 27, 1905. Rose Byrne v. Independent School District of Struble. Appeal from Plymouth County.- Dismissal of Teacher — Charges. Charges to warrant a dismissal must be specific and sustained by evidence. Indefinite and anonymous complaints are insufficient. Dismissal of Teacher — Appeal — Burden of Proof. In a trial before the county superintendent on an appeal from an action of the school board dis- missing a teacher the burden of proof is on the board. On the twenty-third day of January, 1906, the board of directors of the Independent District of Struble met in special meeting to investigate certain charges preferred against Rose Byrne, a teacher in the employ of said board. At said meeting seven communications (one of them anonymous), addressed to the school board, were read. Each of these communications contained one or more complaints against defendant teacher. At said meeting Miss Byrne was represented by her attorney and filed a denial of the charges. The transcript does not show that any evidence was introduced before the board in support of the charges, but that, after hearing the complaints read and the denial by defendant teacher, a motion to dismiss Miss Byrne at once was carried, three of the four directors present voting in the affirmative. Appeal was taken, and the case coming on for hearing before the county superintendent, the action of the board was reversed and Miss Byrne ordered reinstated in her position in the Struble school, whereupon the board appealed to the superintendent of public instruction. The case, as we view it, involves the question: First. Can a board discharge a teacher on complaints general in chairacter and without the introduction of evidence to fully substantiate the same? Second. In an appeal to the county superintendent from a decision of the board in dismissing a teacher, is the burden of proof upon the board or upon the teacher? Section 2782 of the Code provides that a teacher may be discharged for 'in- competency, inattention to duty, partiality, or for any good cause." While the boards are given large discretion and, in the trial of such cases, are not required to observe the strict forms of a court of law, it is necessary that they make thorough investigation of charges lodged; that the charges, if proven SCHOOL LAWS OP IOWA. 311 true, be of sufficient consequence to warrant a termination of the contract, and that such charges be specifically set out and clearly proven. In the case at bar the charges were so general in character, and some of them so trivial, that full testimony from creditable witnesses would be required to convince any court of review that they were sufficient to warrant the board in dismissing the teacher. Such testimony was not given before the board. It was therefore the duty of the county superintendent upon appeal to take evi- dence and determine the very case the board had determined. (S. L. 2819.) When the case was before the board, the burden of proof was unquestionably upon that body. The prosecution must establish the guilt of the accused, not the accused prove her innocence. If the board, without examining a witness or taking a word of testimony that would have standing in any court of law, can discharge a teacher, such board can not in the hearing before the county superintendent insist that the burden of proof is upon the teacher. While the county superintendent must give due weight to the decision of the board, and will not reverse the board except upon a clear showing of violation of law or abuse of discretion, he can not require the teacher to offer testimony in proof of her innocence when the board has introduced no testimony to prove her guilt. The decision of the county superintendent is Affirmed, JOHN F. RIGGS, Superintendent of Public Instruction. Des Moines, Iowa, March 27, 1906. Clyde Freeman v. D. E. Brainard. * Appeal from Harrison County. Revocation of Certificate — Charges. Defendant through defective hearing is incapacitated to properly conduct school — that he had been in the habit of going to the outbuildings to smoke — that he was indifferent and neglectful of his duties. Evidence. The evidence establishes the fact that defendant was in such a measure deaf that he could not detect by ear the disorder resulting from whispering and that he could not properly conduct classes. It was also shown tliat he smoked in the outbuilding. The evidence concerning other complaints was not so full, but proved carelessness and indifference. County Superintendent. The law makes it the duty of the county super- intendent to satisfy himself of the general fitness and good moral character of every applicant for a certificate and provides that he may revoke a certificate, "for any cause which would have authorized or required a refusal to grant the same." Clyde Freeman received a uniform county certificate of good grade July 1, 1909. He was subsequently employed as a teacher in Harrison county. On March 18, 1910, the county superintendent of Harrison county notified Clyde Freeman that certain complaints having been made concerning his work 312 SCHOOL LAWS OP IOWA. as a teacher, a hearing would tie held on March 25, 1910, at which time he would be given opportunity to show why his certificate should not be revoked. At the hearing, it was shown that plaintiff is in such measure deaf that he can not detect by ear the disorder resulting from whispering and that in conducting classes he must be near to and in front of the class in oi'der to hear well. It was also shown that he has been in the habit of going to the outhouse at recess for the purpose of smoking and that this fact was known to the pupils. The evidence concerning other complaints is not full, although it seems pretty well established that there has been in some measure indiaierence and neglect of the work of the school. After tne hearing, the county superintendent took the case under advise- ment and on March 28, 19-0, issued an order revoking the certiflcate. Clyde Freeman now appeals to the Superintendent of Public Instruction. The law makes it the duty of the county superintendent to satisfy himself of the general fitness and good moral character of every applicant for a certificate and provides that he may revoke a certificate "for any cause which would have authorized or required a refusal to grant the same." In the case of Walker vs. Crawford, school law decisions, Hon. Henry Sabin says: "The discretion vested in the county superintendent by law is very large, and for this purpose, that he may guard the public schools against the intrusion of persons unworthy or unfit for the office of teacher. The department of public instruction can not release him from his responsibility, nor can it interfere with his discretionary acts except upon the clearest and most convincing proofs of violation of law, or of the influence of passion or prejudice in the performance of his official duty." In the case before us, the evidence shows that the county superintendent had visited the school and was familiar with all the facts. Although the charge is made that he was actuated by malice, we fail to find evidence of this in the transcript. From the facts shown, we fail to find reason for reversing the decision of the county superintendent, and his order of revocation is, therefore, sus- tained to tecome effective on and after April 23rd, 1910. Ajffiemed. JOHN F. RIGGS, Superintendent of Piiilic Instruction.. W. C. Arj^old et al. v. Schooi, Township of Richland. Appeal from Wapello County. ScnooLHousEs. Schoolhouses must be located to accommodate all pupils and may not be in an objectionable locality. Board of Dieectoes. School boards must provide equal school advantages to all so far as possible either by furnishing § guitable building or by trans- portation. SCHOOL LAWS OF IOWA. 313 Transportation. If the schoolhouse has been destroyed and school can not be maintained then all pupils shall be transported who live over one and one-half miles from the schoolhouse they are directed by the board to attend. On September 18, 1909, the board of directors of the school township of Richland entered into a contract with Thomas Vanderpool for the use of a building to serve as a schoolhouse in subdistrict No. 7 for the current school year and ordered school to be held therein. From this action appeal was taken to the county superintendent who affirmed the decision of the board, and W. C. Arnold et al, now appeal to the Superintendent of Public Instruction. From a careful study of the record and of the written arguments of counsel it appears that all admit the necessity of a schoolhouse in subdistrict No. 7. This subdistrict has been without a schoolhouse since February 16, 190'8. Since that date two elections have been held in the school township and one in the subdistrict for the purpose of voting a schoolhouse tax with which to build a schoolhouse in this subdistrict, but in each case the proposition failed to receive a majority of the votes cast. Failing in the attempt to rent a room in the subdistrict for schoolhouse purposes during the school year 1908-1909 the board provided transportation for the pupils of subdistrict No. 7 to other schools in the school township. As the school year 1909-1910 approached, the electors having failed to provide funds with which to erect a schoolhouse in subdistrict No. 7, two courses were open to the board: First, to provide transportation for the children in this subdistrict as was done last year, or, second, rent a room and establish a school in the subdistrict. The board chose the second al- ternative. But it is charged that the building selected is remote from many homes in which school children reside, and that the surroundings are so objectionable as to make it undesirable for school uses. In our opinion the evidence fully sustains these charges. The county superintendent in her opinion raises the question as to the legal right of the board to transport the pupils in this particular case, since it is evident that it will cost the township more to transport the pupils of sub- district No. 7 and provide them school privileges in other districts than it will to maintain a school in the Vanderpool building. The law requires the board to furnish equal school privileges as nearly as may be for all the children of the school township. No subdistrict may be discriminated against. If it were possible to secure a building near the center of the subdistrict and one that would provide for the convenience and comfort of the children, it would clearly be the duty of the board to hire such building and maintain a school, rather than transport the children, unless it could be shown that by transporting the children there would be a saving of expense and they would also secure increased advantages. But in the case before us there is no building suitably located in the subdistrict that can be secured for school purposes. The fact that the board has hired a small building ten feet from a barn-yard and at one side of the subdistrict can not be offered now as the only course open since the expense is less than if provision had been made for transporting the children to other schools. Under such circumstances it is not only the legal right but the clear duty of the board to furnish trans- portation. Counsel for defendant rightly contends that the board is power- 314 SCHOOL LAWS OF IOWA. less to permanently settle this difficulty until funds are voted with which to build a schoolhouse in subdistrict No. 7. But until such funds are provided the board under the law must provide the children school advantages, and since no suitable building can be hired in the subdistrict transportation must be provided. It is clear from the evidence and from the pleadings of counsel that the failure to vote a tax to rebuild the schoolhouse in subdistrict No. 7 is not due to cupidity on the part of tax-payers or to their lack of appreciation of or interest in the educational needs of the children. The difficulty arises over a custom that seems to have prevailed in the township for the past forty-five years by which each subdistrict has voted the necessary funds for building its own schoolhouse when needed. In our opinion the law gives no warrant for such usage, but on the other hand clearly makes it the duty of the voters of the school township to vote necessary taxes for the purchase of grounds and the erection of schoolhouses. Section 274 of the Code can admit of no other interpretation. Neither is there the slightest conflict between this section and section 2753 which provides that the voters of the subdistrict "May vote to raise a greater amount of schoolhouse tax than that voted by the voters of the school township." It was the evident intent of the legislature to afford the people in the subdistrict the opportunity of securing a better schoolhouse than the ordinary by voting an additional tax on the subdistrict; but it was not the intent to relieve the township of its duty to vote a sufficient sum to purchase a site and erect a building that would fairly meet the needs of the subdistrict. Until the electors of the township vote the required tax the law clearly contemplates, it is the duty of the board to do all within its power to provide for the children resident in subdistrict No. 7 school privileges equal to those offered the other children of the school township. It is our opinion that in attempting to provide for such children in the Vanderpool building the board committed an error. It is therefore directed that on and after January 1, 1910, the board of directors of the school township of Richland provide school privileges in other schools for the children resident in subdistrict No. 7 of said township and that transportation be provided for all such children who reside more than one and one-half miles from the school house where they are directed by the board to attend. Reversed. JOHN F. RIGGS, Superintendent of Public Instruction. Des Moines, Iowa, December 15, 1909. W. M. Waskow v. Independent District No. 8, Center Township. Appeal from Fayette County. Appeal. The action of the board in fixing the school house site should not be interfered with on appeal, except upon evidence that the board exercised its power improperly. School boards should not act with undue haste in making contracts when appeal is pending. Work done with undue haste to prevent SCHOOL LAWS OP IOWA. 315 relocation of school site will not prevent relocation if evidence justifies a change. Location of School Site. The convenience of all residents concerned should be subserved in choosing a site. On the fifth day of September, 1910, the board ordered that a new school- house be erected "Six feet east of the old one," which would be on the present schoolhouse site. On the sixth day of Septembr, 1910, an appeal was taken from the action of the board by W. M. Waskow to the county superintendent, alleging that the proper place for said schoolhouse is eighty (80) rods west of the present school site, which would be approximately in the center of the district and that no children would be required to travel more than two (2) miles to reach the schoolhouse if so located, while rebuilding on the old site would be injurious to said affiant in that it would compel children where he resides to travel a distance of two and one- fourth (2%) miles to school. On trial, the county superintendent reversed the action of the board, and ordered a suitable site procured eighty (80) rods west of the present site at or near the junction of the north and south road with the road running east and west. From his decision D. N. Austin and John Hack, two members of the board, appeal, claiming that the county superintendent of schools erred in reversing the decision of the board and in ordering that said schoolhouse site bo changed, and abused discretion in so reversing the decision of said board of directors for the reason that the location of said school site, as made by said board of directors, is proper and for the best school interests of said district. From the findings of the county superintendent, as expressed in his de- cision, it appears that some of the patrons living east of the present site are constrained through fairness to those living west of the site to testify that they would prefer that the new schoolhouse should be located eighty (80) rods west of the present site; that a part of the membership of the board was actuated by selfish motives to retain the old site, that a preponderance of the evidence shows that a better site, can be obtained eighty (80) rods west of the present site. The question to be decided is, did the county superintendent err or overstep his authority in reversing the decision of the board and by ordering a change of site upon which to build a new schoolhouse, as directed in his decision? Reference to the testimony in the case and to a map furnished with the transcript showing the location of houses occupied by residents of the district establishes the fact that by locating the new schoolhouse as ordered by the county superintendent no children would be required to travel over one and three-fourths (191) miles to school, except from the residence of the affiant in the case before the county superintendent, who would still have nearly two (2) miles to travel to school. The action of the board in fixing the schoolhouse site should not be interfered with on appeal, except upon evidence that the board exercised its power im- properly. In fixing the school site, the geographical position and the con- venience of the people of each portion of the district should be considered. The discretionary power vested in the board does not preclude the authority 316 SCHOOL LAWS OF IOWA. Df the appellate tribunal to decide the question upon its merits as the evidence favors, otherwise an appeal would be a useless provision of the law. It is even held that "the county superintendent is not limited to a reversal or affirmance of the action of the board, but he may determine the same questions which it had determined." (Opinion of attorney general published in the Iowa School Journal, April, 1866.) See John Clark v. District Township of Wayne, School Law Decision, 1876, page 47, J. J. Wilson et al v. District Township of Center of Monroe, and J. 8. Folsom et al, v. District Township of Center, School Law Decisions, 1907, pages 27 and 41. See also 110 Iowa, 652. In the case in question, the old schoolhouse is considered unfit for school purposes, a tax has been levied for a new building and the board has pro- seeded, as hereinbefore stated. The time seems opportune to consider care- fully the convenience and rights of all families in the district and in deciding upon a location for a new schoolhouse, every dwelling house in the district should be taken into account. See case of J. 8. Folsom et al. v. District Town- ship of Center, School Law Decision, 1907, page 41. It should be noted that a meeting of the residents of the district was called by the president for the purpose of gaining the views of said residents as to the proper location for the new schoolhouse. All members of the board were present at this meeting. The testimony found in the transcript dis- closes the fact that the meeting was well attended and that a majority of those who spoke favored the site at the center of the district. The individual testimony at the trial also discloses the same condition, but more pronounced in favor of the proposed new site at the center of the district. The testimony also shows that the board, which consists of three members, did not decide unanimously in favor of the old site. It appears in the testimony that there are some grounds for the accusation that the board was actuated by some selfish motive in coming to the conclusion, and there was an abuse of dis- cretionary power in this respect. It appears in the answer to the affidavit of appeal filed with the county superintendent that between the date of fixing the schoolhouse site, September 5, 1910, and the date of said appeal, September 6, 1910, the contractor had already "entered upon a fulfilling of his contract and had laid the foundation and erected a part of the frame work of said school building prior to the time the notice of appeal was served." It is argued that a change in said site at this time might involve said school district in litigation with the contractor. It is obvious that special haste must have been exercised in the fulfillment of the contract. In the case of Atkinson et al. v. Hutchinson et al., 168 Iowa, page 161, the court has said: "When an order for a change of site is made, and it is not known that all persons affected are satisfied with the order, it appears to us that prudence would dictate that the execution of the order should be postponed until an opportunity has been afforded for a review of the same, if any desired to appeal." It would seem that a similar rule might apply in this case with regard to the erection of a new schoolhouse practically upon the old site. The board knew that there was dissatisfaction with this site and that an appeal might probably be made from its action in choosing the old site for the new building. The evidence shows that one of the directors had himself told appellee, prior to said action, that he might appeal therefrom. SCHOOL LAWS OF IOWA. 317 Under these circumstances, it would seem that the board might prudently have postponed the erection of the new building until an opportunity has been af- forded for a review of their action, if any desired to appeal. We think, there- fore, that the point attempted to be made by the board, to the effect that work already done by the contractor might involve them in litigation, is not well taken. If true, it is the fault of appellants and not of appellee, and the latter should not be made to suffer therefor. From the evidence submitted in the case it appears that the convenience of all residents concerned can be better subserved by choosing a site for the new school house as directed in the decision of the county superintendent; that a majority of the residents favor such a location; that the patrons having the greatest number of children including one patron living on the east side of the district having the greatest number of children of school age of any one in the district favor the new site and that a preponderance of the evidence favors the central location as the more desirable site. The decision of the county superintendent is Affirmed. A. M. DBYOE, Superintendent of Public Instruction. Dee Moines, Iowa, March 4, 1911, William Ekickson and C. G. Younggeen v. Independent School of Cobueg. Appeal from Montgomery County. Minority. Even a small minority of the patrons of the school have rights that can not be ignored. School boards in locating school house sites, should equalize the distance to be traveled by children as nearly as possible. Transportation. Transportation of pupils in a small district is not feasible. The funds could be used to better advantage to pay better teachers and securing better equipment. Rights of All. The rights of all must be considered rather than the conven- ience of even a majority in selecting a school site. The history of this case and the conditions existing in the Independent School District of Coburg are very similar to those recounted in former decisions by the Department of Public Instruction. The boundaries of the incorporated town of Coburg coincide with the bound- aries of the Independent District of Coburg. The area embraced in the Inde- pendent District of Coburg consists of four sections of land as usually arranged, together with the adjacent forties on the north; the district being two miles from east to west and two and one-fourth miles from north to south. The platted town of Coburg is located about midway between the north and south boundary lines and to the extreme western side of the district. The present school house site is located about forty rods south of the center of the district at the center of the four sections which enter into the formation of the district. The transcript in the case shows that a special election was held, as provided by law, in the Independent School District of Coburg, at which the following questions were submitted to the voters: "Shall the Coburg Independent District 318 SCHOOL LAWS OP IOWA. issue bonds in tlie sum of $1,500'.00 for the purpose of purchasing site and con- struction of schoolhouse?" The proposition carried by a majority of two votes. A special meeting of the school board followed when the board entered into negotiations for the disposal of the bonds and steps were taken toward securing plans for a new schoolhouse, to submit to the county superintendent for approval. At the regular meeting of the board on the first day of July, the plans and specifications approved by the county superintendent were accepted, and the president of the board was authorized to purchase certain lots within the town plat of Coburg. The site selected is 212 rods west and 45 rods north of the old school house site, a distance of but a trifle over one-third of a mile from the west boundary line of the district. From the order of the board directing the purchase of the lots selected for a new school house site, William Erickson and C. C. Younggren, farmers residing_ in the eastern part of the district, filed an affidavit of appeal with the county superintendent of Montgomery county, in which it is alleged that said board committed error in not taking into consideration the geographical position, num- ber and convenience of the pupils residing in the district, and that the proposed site is so situated as to practically deprive the children living in the southeast and northeast parts of the district of the privilege of attendance at school. The board evidently had not contemplated making provision for their attendance at any other school. The county superintendent is of the opinion that the board erred in its se- lection of the new site and therefore reversed the action of the board. From this decision, the board appeals to the Superintendent of Public Instruction. Th board charges in its declaration of grievances that the county superin- tendent in making her decision, "went contrary to the numerical and geographi- cal location of the majority of the children of school age living in the district and further that the evidence does not show that said board had planned to have the few children living in the extreme part of the district conveyed at public expense." The evidence in the case shows that three of the five directors live in the town proper of Coburg. The question to be determined is, did the county superintendent commit error in reversing the -action of the board in selecting the site for the new school house so far removed from the geographical center of the district, notwithstand- ing the fact that about half of the persons of school age reside within the com- paratively small area forming the town plat of Coburg, and further that a ma- jority of the families live nearer the proposed site than the old one? A school located within the borders of any town is a convenience to be ap- preciated, and a school building of modern architectural design may well be the pride of any community. However, the claim set forth by counsel for ap- pellee is correct, "that even a small minority of the patrons of the school have rights that can not be ignored." It is the intent of the law, that school boards in locating school house sites, equalize the distance to be traveled by children to school as nearly as possible. We think it is clearly implied in Section 2803 that no child shall be required to travel an unreasonable distance in order to secure school privileges. SCHOOL LAWS OF IOWA. 319 Section 2774 of the school laws provides that "when there will be a saving of expense, and childi*en will also thereby secure increased advantages, the board may arrange for the transportation of any child to and from school in the same or another corporation." The evidence in the case established the fact that none of the residents of the district live more than two miles from the old site, while the proposed site would place as many as four families each having several children attending school, from 2% to 2% miles from school, which is considered too great a dis- tance for children to travel to school, and would virtually deprive them of school privileges unless some means of transportation is provided for them. It is ob- vious from the testimony in the case that the board had not considered the mat- ter of providing transportation for these children a't the expense of the district. In so small a district, we very much doubt the advisability of selecting a site for a schoolhouse that would necessitate incurring the expense of providing proper transportation of children, when it is possible to locate a schoolhouse in the district where no one will be placed at an unreasonable distance from school. The use of school funds might be used to better advantage in salaries for the best teachers to be had and in securing the best possible equipment for the school. If the Independent District of Coburg included the four sections of land west of the present district, it could afford some expense for transportation of pupils and the location of the school would very properly be in the proximity of the tov/n of Coburg. The intent of the board to build up a graded school and provide for two de- partments is commendable. With a school population of about sixty persons it appears that the average daily attendance ought to exceed eighteen. Undoubtedly there are those among the older boys and girls who could profitably be in school, and possibly would be in school during the winter months at least if special school advantages were afforded in the district. Unquestionably as good a school can be provided where the old school house stands, or at any other place within the district, as at the proposed location. Even though the children in the town may be compelled to travel about %, of a mile to school, such distance would not be an unusual distance for children to travel to school in towns and cities. The fact that nine-tenths of the school taxes are paid by residents outside the town plat of Coburg is not entitled to consideration in determining the loca- tion for the schoolhouse site. The child of the poorest parentage is as much en- titled to free public school advantages as is the child of the extensive property holder who may be a heavy tax payer. We agree with the county superintendent in the interpretation of the law when she states in her decision "that the rights of all must be considered rather than the convenience of even a majority and that the board erred in its selection of the proposed site." The case of J. 0. Severeid and John Stenberg v. Inde- pendent District of Fieldberg, School Law Decisions, 1907, page 82, corroborates this view. The decision of the county superintendent is Affirmed. A. M. DBYOE, Superintendent of Public Instruction. Des Moines, Iowa., November 25, 1911. 320 SCHOOL LAWS OF IOWA. Aakon Bueson and L. E. WiLKiNSOiSf V. The School Township of Center. Appeal from Mills County. BouNDAEY Lines. Boundary lines of contiguous school corporations may be changed at any regular meeting or at a special meeting thereafter called for that purpose, even though this change be made between March 1st and the regular July meeting. School Officers. If such a change in boundaries occurs bctw^een March 1st and July 1st, the members in office would act until July 1st when the board would proceed under new organization just as though no change had occurred, until new boards have been elected and duly organized in accordance with the change in boundaries. This case involves the legality of the proceedings in the concurrent action of school boards in changing the boundary lines between contiguous school corpor- ations as provided in Section 2793, School Laws of Iowa. The Independent School district of Silver No. 2, and the School District Township of Center are contiguous school corporations in Center township, Mills county, Iowa. The In- dependent District of Silver No. 2, consisted of six sections of land. By concur- rent action, the boards of these districts sought to transfer the west ons-fourth of sections three (3) and ten (IQ) in Center township from the District of Silver No. 2 to the school township of Center. The transcript sho-7:s that the concurrent action of the boards took place at special meetings of the boards between March 1st and July 1, 1911. The affiants in the case are residents and tax payers living in the territory which was transferred. It was on the 21st day of March, 1911, that the board of the Independent School District of Silver No. 2 met in special session and by unanimous vot all members being present, adopted a resolution offering to transfer the terri- tory hereinbefore described to the District township of Center. On the same date, March 21, 1911, a transcript of this resolution was transmitted to the board of directors of the District Township of Center, which board was also in session in the school house in Subdistrict No. 1. The board of the District Township of Center decided to defer action of the resolution until a later meeting of the board to be called by the president. Pursuant to call by the president, the board of the District Township of Cen- ter met in the school house in Subdistrict No. 2, April 1, 1911. The following facts are gained from the transcript of the secretary's minutes of the meeting: "The members of the board are all present. The meeting of the board was called by the president of the board to consider the proposition made by the board of school directors of the Independent School District of Silver No. 2, of the to v^n- ship of Center and the county of Mills and the state of Iowa. Said proposition in effect being that this school township annex to the school township the west fourth of section three (3) and ten (10) of township 72, range 42, north. "The board of directors of this school township concurred in the resolution presented by the board of directors of the Independent School District of Silver No. 2, and by concurring in the action of said Independent School District of Silver No. 2, annexed to the school township of Center the west fourth of sections SCHOOL LAWS OF IOWA. 321 three (3) and ten (10) of the township of Center and the county of Mills and the state of Iowa. N. S. Phelps, Secy." Aaron Burson and L. E. Wilkinson appeal from the concurrent action of the board of directors of the school township of Center. The affiants claim that the action of the boards of the Independent District of Silver No. 2, and of the Dis- trict Township of Center, was illegal and without authority of law. 1. That the meeting of the board of directors of the Independent School Dis- trict of Silver No. 2 held on the 21st day of March, 1911, was not called for the purpose of detaching territory from said district and attaching it to another school district; further that said meeting "was secretly held and without notice, and at a time when said action could not be legally taken," viz., between March 1st and July 1st. 2. That the action of the board of the District Township of Center is void and without effect for the reason that the board was without jurisdiction to pass upon said resolution at a special meeting held on the first day of April. At the hearing before the county superintendent on the 24th day of May, coun- sel for appellants filed an amendment to the original affidavit of appeal alleging, "that the special meeting of the board of directoi's of the school township of Center held on the first day of April was illegal and void for the reason that one member of the board was absent and was not notified of said special meet- ing." It was developed during the taking of evidence at the trial that about December 1, 1910, one J. M. Anthony, director-at-lai'ge for the District Township of Center, removed to the city of Glenwood, outside the District Township of Center, and resided there until about April 15, 1911, when he moved back to the District Township of Center. Nothing in the affidavit of appeal or in the transcript indicates how the pa- trons living in the territory transferred will be affected concerning convenience to school. This may be unfortunate as this department is of the opinion that this matter is vital, and should really be the principal basis of appeal in such cases. The county superintendent affirmed the action of the board of the District Township of Center. Appeal is carried to the superintendent of public instruc- tion. The county superintendent in affirming the action of the board dismissed the amendment to appellants' affidavit of appeal on the grounds that "evidently in the opinion of the president of the board, and the scretary, Mr. Anthony was not a member at the time the action was taken, and was not entitled to notice. Turning to the secretai-y's transcript, we find he certifies that all members are present. We have no authority to set aside the secretary's transcript and accept evidence unless fraud is charged. As this is not the case, we accept the secre- tary's transcript as evidence that the board was acting in good faith without the presence of the member-at-large." We are of the opinion that the county superintendent is right in his conclusions with reference to this point and this question is dismissed from further consideration. As to the specific charge in the affidavit of appeal that due notice of the special meeting of Silver No. 2 was not given, and that said meeting was not called for the purpose of changing boundary lines, therefore the action of the board was not legal, the transcript shows that all members were present and the secre- 21 322 SCHOOL LAWS OF IOWA. tary's transcript shows that the meeting was called for the purpose of consider- ing the matter of detaching territory from said district and attaching same to another school corporation. Section 2757 of the School Laws contains the fol- lowing with reference to special meetings of school boards: "But attendance shall be a waiver of notice." Consequently no weight should be given to this allegation. The only question remaining to be decided is, did the school board of the School Township of Center commit an error by its concurrent action in chang- ing the boundary lines of the school township on the date specified, April 1st? Should the language of the law, viz.: "at regular meetings in July or at special meetings thereafter," be construed to mean that, school boards m^ay legally change boundary lines of school corporations at any time provided the action is taken at the regular meetings in July or special meetings held prior to March 1st? We find no cases on record involving this issue concerning change of boundaries of school corporations as having been determined by the supreme court or by the department of public instruction. The identical language, viz.: "special meetings thereafter," is used in Section 1796, Code of 1873, (Section 2801, Code of 1897), with reference to changing boundaries of subdistrict. Several decisions were rendered by the department of public instruction prior to 1891 concerning the interpretation of the language of the law in question, as found in Section 1796, Code of 1873. The department ruled that boundary lines of subdistricts could legally be changed at special meetings, properly called, held after the regular meeting of school boards in September, but not later than March 1st. (By act of the Thirty-first General Assembly, 1906, the date of the annual meeting was changed from the third Monday in September to the first day of July.) However, the decisions of the department refer to change of boundary lines of subdistricts and not to change of boundary lines of school corporations. Except as definitely restricted by statute to a specified time, we are unable to cite any instances where the power or authority of officials to act in their full capacity is questioned, whether such official action is taken on the first day or the last day of their terms of oJBice. If there is good reason for not changing boundary lines of school corpora- tions as provided in Section 2793 between March 1st and July 1st, the law should very properly be amended to read as follows "or at special meetings thereafter held prior to the time for posting notices of election of directors on the first and second Mondays in March." As a matter of fact, the Commission appointed by the Twenty-fifth General Assembly to re-codify the laws of Iowa did recom- mend that this construction be written into the Code by inserting the phrase, "before the regular March meetings," after the word "thereafter." The Twenty- sixth General Assembly did not amend the law as recommended by the Code Commission, ^'Section 2802 of the School Laws provides that boards of directors in school districts, the bundaries of which may have been changed, shall continue to act until their successors have been chosen at the next regular school election in *After consultation with Counsel in the office of the Attorney General, since writing- the decision in the case of Burson and Wilkinson vs. The School Town- ship of Center, I am of the opinion that new boards may be elected in accordance with the new boundaries at special elections called for that purpose. Undoubtedly notes 2 under Section 2793 and 22 under Section 2802, citing- the report of the Attorney General, 1906, page 194, School Laws, Edition 1907, applied to Code Sections 2793 and 2802 prior to their amendment by Sections 10 and 13, Ch. 136, Thirty-First General Assembly. June 1, 1912. SCHOOL LAWS OF IOWA. 323 conformance with the boundary limitations of the new districts and said boards duly organized according to law. Until entirely new hoards of directors have been so elected and organized, we do not think the rights of the directors in office making the change in boundaries, or of members-elect, would be affected. If such change in boundaries occurs between March 1st and July 1st, the mem- bers in office would act until July 1st, when the boards would proceed under new organizations just as though no change in boundaries occurred, until new boards have been regularly elected and duly organized in accordance with the change in boundaries. "The boundary lines of contiguous school corpoi'ations in the same county may be changed by concurrent action of the respective boards of directors at their regular meetings in July, or at special meetings thereafter called for that purpose." School Laws of 1907. "Hence, it follows that such a change in the boundaries of school corporations may be made at any regular meeting, and as there is no prohibition against changing such boundaries between the time of giving notice of the election of directors on the first Monday in March and the date of such regular meeting, and inasmuch as a date between March and July would be after the previous regular July meeting, such boundaries could legally be changed between such dates the same as at any other time between the dates of the regular meetings, provided 'a special meeting is called for that purpose between such dates.' " Opinion of the attorney general, November 20, 1911. After very careful consideration, we are constrained to agree with the county superintendent in his interpretation of the meaning of the phrase of the law in question, viz.: "at special meetings thereafter" to be, that school boards, under Section 2793, may by concurrent action legally change the boundaries of the school corporations at any time, as far as the element of time is concerned. His decision is therefore Affirmed. A. M. DEYOE, Superintendent of Public Instruction. Des Moines, Iowa, December 11, 1911. F. C. Paixe v. The School Township of Amsteedam, Appeal from Hancock County. Re-Opemng of Closed Schools. The matter of re-opening a school is purely a discretionary power of the board, and like all discretionary acts of the board, is subject to appeal to a higher tribunal. The number of children who live in a district is not necessarily a determining factor in re-opening a school. Powers of Board. Sub-districts do not exist as school corporations but merely subdivisions of the township unit and do not determine where children shall attend school. The board may determine what school in the corporation chil- dren shall attend without regard to sub-district boundaries. This appeal relates to the re-opening of a school ordered closed by the board as provided ia Section 2773 of the School Laws. The school in question is lo- cated in sub-district No. 5, Amsterdam Township, Hancock county. At the last regular meeting (July, 1911) of the school board, F. C. Paine, the director for subdistrict No. 5, sought to have the school re-opened and have a teacher regularly employed as is done for the other schools in the school 324 SCHOOL LAWS OF IOWA. township. The board refused to open the school and hire a teacher, but directed that the children in each family residing in the subdistrict be assigned to the nearest school, with the privilege granted, if any families preferred to do so, of sending their children to schools of their choice in the township, including the graded school in the Independent District of Kanawha. The school building in the Independent District of Kanawha is located about one mile south from the school house in subdistrict No. 5. The board also ordered that the tuition and all necessary expenses for text- books and supplies for any children who might select the Kanawha school should be paid by the school township. The school township of Amsterdam furnishes free text-books and supplies for the schools of the district, consequently no dis- crimination of expense for text-books and supplies was allowed to stand against those who might choose to attend the Kanawha school. F. C. Paine appealed to the county superintendent who sustained the board. Affiant then appealed to the superintendent of public instruction. The essence of the grievances set forth in the affidavit of appeal is "that the county superintendent erred in affirming the action of the board" for the reason that the evidence substantiates the cause of appeal from the decision of the board, viz., "the school board entirely ignored and failed to take into considera- tion the geographical location and the number and convenience of the pupils of school age in subdistrict No. 5; that all of the schools to which the pupils of said subdistrict No. 5 were directed to be sent are more inaccessible and at a greater distance from the respective homes of said pupils than the school house in subdistrict No. 5." The gist of the argument of appellant's counsel is founded on the following phrases in Section 2773 of the Code of 1897; "taking into consideration the geo- graphical position, number and convenience of pupils," which relate to the power of school boards in fixing schoolhouse sites. The citations to decisions of the supreme court relate to the same matter. When locating school house sites, the geographical position and convenience of pupils should be carefully considered in order that no child may be compelled to travel an unreasonable distance to school. Would the language of the law quoted apply with equal force to the power of boards in closing schools under Section 2773? We do not think so. The construction of the language of this section does not so indicate. The phrases quoted relate to fixing school house sites and not to closing of schools. The board possesses entire jurisdiction in the matter of fixing school house sites within the limitation of the law, but school boards cannot shorten the number of months of school to less than the required number of six months each year, except when authorized to do so by the county superintendent. How- ever, the matter of re-opening a school is purely a discretionary power of the board, and like all discretionary acts of the board, is subject to appeal to a higher tribunal. It has ever been held by this department that discretionary action of school boards should be affirmed on appeal, unless by the evidence it is clearly proven that the board violated the law or abused its discretion. The evidence in the case shows that four families having ten children to send to school reside in subdistrict No. 5; that two of these families have no farther to travel to school by attendance in subdistrict Nos. 4 and 6 than to the school house in No. 5; that there are public roads leading directly to these schools from both homes over which other children are compelled to go back and forth to SCHOOL LAWS OF IOWA. 325 school. The claim is made that the road to No. 6 over which affiant's children would he required to traverse is nearly impassable, yet small children from another family living across the road from affiant must travel this road to school. The teacher for No. 6, whether from choice or necessity, has boarded most of the time of late years with this family and must walk to school over this same alleged impassable road. The argument is advanced that because the school house in No. 5 is in the direction of town from all residents having chiliren to send to school, who live in subdistrict No. 5, the failure of the board to take this condition into consideration is evidence that said board has abused its discretion. There will probably be very few occasions when it will be conven- ient to drive to town and then return home just at hours when children should go to school in the morning and return home after the close of school. If there Is any force in this argument, then there should be a general re-arrangement of subdistrict boundaries in order that all children may travel in the direction of town when going to school. J Two families are situated at a greater distance from school by reason of the closing of the school in subdistrict No. 5. The plat submitted with the tran- script shows these families reside — one a little over a half mile east and the other family about one-half mile north from the school house in district No. 5 and that both families reside about one and one-half miles to the next nearest schools in the district township and about one and one-half miles from the school in Kanawha. Wherever the element of distance is mentioned in the school laws, one and one-half miles is not considered an unreasonable distance to school. See Section 2803 of the Code 1897. Of course there might be unusual conditions, such as unbridged streams or impassable highways. There might be a Avise saving of school funds by the closing of all schools when by so doing no child would be located more than one and one-half miles from school. The evi- dence shows that the children in this subdistrict were given permission to at- tend the school in the Independent District of Kanawha which would permit these children to travel to the town school, if there is any virtue in the argu- ment "of opening a school so that children may travel in the direction toward town when going to school." We can hardly conceive of a condition more favorable where it would be possible to apply the provision of Section 2773 concerning the lessening of the number of months of school each year. There is one family, that of Mr. William- son, which does appeal to our sympathy. There are three little girls in the fam- ily, the youngest of whom is a little past five years of age and the oldest is nine years of age. This family resides east a little over one-half mile from the school house, and nearly one and one-half miles to No. 6 and about one and one-half miles to Kanawha, and yet these children need travel but one-half of a mile be- fore joining other children and the teacher who, as before stated, boards usually in the direction of this hom^e from No. 6. Undoubtedly there may be days in winter when children should be transported to school. We are not ready to say that the board has abused its discretionary power. "The action of the board may not be wholly approved by the judgment of the county superintend- ent, but if it be not illegal or clearly unjust, it should be sustained." Edwards et al V. District Township of West Point. School Law Decisions. We are impressed v/ith the force of the claim made by counsel for appellant 326 SCHOOL LAWS OF IOWA. in his ably prepared argument, tliat until schools in the rural districts are con- solidated and pupils transported at public expense, each subdistrict has an ab- solute right to fair treatment in the distribution of the district funds and in the maintenance of equal school privileges. However, that subdistrict is fortun- ate indeed where none of its patrons are located at a greater distance from school than one and one-half miles. Simply because there is a school house in a subdistrict, does not give any resident a vested right to demand a school. It is clearly within the jurisdiction of the board to designate which school each child shall attend as long as there is no manifest abuse of discretion. We can not believe that there is abuse of authority by closing a school and directing that children shall attend another school when the greatest distance children will be required to travel does not exceed one and one-half miles. A recent decision of the supreme court in upholding the opinion of the depart- ment in the case of W. C. Arnold, et al. v. the School Township of RicTiland, Wap- ello county, in requiring the board to provide transportation for those children, only, who live more than one and one-half miles from other schools, and where the board had failed to take action to replace the building that had burned in one of the subdistricts, would support the opinion that one and one-half miles should not be considered an unreasonable distance for children to walk to school. The subdistrict does not exist as a school corporation, but merely as a sub- division of the township unit of organization, and is not formed necessarily to determine where children shall attend school, but the board may determine what school in the district tlie children shall attend, without regard to subdis- trict boundaries. The decision of the county superintendent is Affikmed. A. M. DEYOE, Superintendent of Public Instruction. -fi'ebruary 1. 1912 ^■ LE D '12