Glass _ Lj^? s-L'^ Book _-^C_._^ ^^3 OlTKIOlAl^ DONATION. STATE PROPERTY for the use of SCHOOL DIRECTORS and TEACHERS. To be Delivered tj eacli School OfficeF lo his Successor, THE SCHOOL LAW OF THE TATE OF Colorado AS AMENDED BV THE Seventh General Assembly, 1889. sVoP-'l '\ ^., o f 3«ii»jiii«lii|' \ ^ — I — vi DENVER, COEO : The Collier & Cle^ivrland Litho<;rapiiing Co., vState Printti l8Sq. THE SCHOOL LAW js.d OF THE State of Colorado AS AMENDED BY THE Seventh General Assembly, 1889. DENVER, COLO.: The Collier & Cleaveland Lithographing Co., State Printers,. 28 JAN 1906 D. of 0, INTRODUCTION. STATE OF COLORADO, Department of Public Instruction. The contents of this pamphlet include: Article IX. of the Constitution of Colorado; The School Law of the State, with all amendments to date ; The law concerning reports of State Educational In- stitutions; The law in regard to the study of alcoholic stimu- lants and narcotics in public schools; The law establishing Arbor Day; The law in regard to compulsory education; The law in regard to printing the school laws; The law organizing a State Normal School ; Forms for the use of school officers and teachers. The following sections were amended by the Seventh General Assembly: Sections 28, 32, 33, 37, 54, -]-] and 88. FRED DICK, Superintendent of Public Instruction. ARTICLE IX. OF THE Constitution of the State of Colorado EDUCATION. Section i. The general supervision of the public schools of the State shall be vested in a Board of Educa- tion, whose powers and duties shall be prescribed by law; the Superintendent of Public Instruction, the Secretary of State and Attorney General shall constitute the Board, of which the Superintendent of Public Instruction shall be President. Sec. 2. The General Assembly shall, as soon as practicable, provide for the establishment and mainte- nance of a thorough and uniform system of free public schools throughout the State, wherein all residents of the State between theages of six and twenty-one years may be educated gratuitously. One or more public schools shall be maintained in each school district within the State, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. Sec. 3. The public school fund of the State shall forever remain inviolate and intact; the interest thereon only shall be expended in the maintenance of the schools of the State, and shall be distributed amongst the sev- eral counties and school districts of the State, in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred to 6 ARTICLE IX. OF THE CONSTITUTION. any other fund, or used or appropriated, except as herein provided. The State Treasurer shall be the custodian of this fund, and the same shall be securely and profit- ably invested, as may be by law directed. The State shall supply all losses thereof that may in any manner occur. Sec. 4. Each County Treasurer shall collect all school funds belonging to his county, and the several school districts therein, and disburse the same to the proper districts, upon warrants drawn by the County Superintendent, or by the proper district authorities, as may be provided by law. Sec. 5. The public school fund of the State shall consist of the proceeds of such lands as have heretofore been, or may hereafter be, granted to the State by the General Government for educational purposes; all estates that may escheat to the State; also, all other grants, gifts or devises that may be made to this State for educational purposes. Sec. 6. There shall be a County Superintendent of Schools in each county, whose term of office shall be two vears, and whose duties, qualifications and compen- sation shall be prescribed by law. He shall be ex officio Commissioner of Lands within his county, and shall discharge the duties of said office under the direction of the State Board of Land Commissioners, as directed by law. Sec. 7. Neither the General Assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sec- tarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or ARTICLE IX. OF THE CONSTITUTION. 7 sectarian denomination whatsoever; nor shall any grant or donation of land, money, or other personal property, ever be made by the State, or any such public corpora- tion, to any church or for any sectarian purpose. Sec. 8. No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the vState, either as teacher or student; and no teacher or student of any such institution shall ever be required to attend, or participate in, any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. Sec. 9. The Governor, Superintendent of Public Instruction, Secretary of vState and Attorney General shall constitute the State Board of Land Commissioners, who shall have the direction, control, and disposition of the public lands of the vState, under such regulations as may be prescribed by law. Sec. 10. It shall be the duty of the State Board of Land Commissioners to provide for the location, protec- tion, sale, or other disposition of all the lands heretofore, or which may hereafter, be granted to the vState by the General Government, under such regulations as may be prescribed by law; and in such manner as will secure the maximum possible amount therefor. No law shall ever be passed by the General A.ssembly granting any privileges to persons who may have settled upon any such public lands subsequent to the survey thereof by the General Government, by which the amount to be derived by the sale, or other disposition, of such lands, shall be diminished, directly or indirectly. The General Assembly shall, at the earliest practicable period, pro- vide by law that the several grants of land made by Congress to the vState shall be judiciously located and 8 ARTICLE IX. OF THE CONSTITUTION. carefully preserved and held in trust, subject to disposal, for the use and benefit of the respective objects for which said grants of lands were made, and the General Assembly shall provide for the sale of said lands from time to time, and for the faithful application of the pro- ceeds thereof, in accordance with the terms of said grant. Sec. II. The General Assembly may require, by law, that every child of sufficient mental and physical ability, shall attend the public school, during the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means. Sec. 12. There shall be elected by the qualified electors of the State, at the first general election under this Constitution, six Regents of the University, who shall, immediately after their election, be so classified by lot, that two shall hold their oflfice for the term of two years, two for four years, and two for six years; and every two years after the first election, there shall be elected two Regents of the University, whose term of office shall be six years. The Regents thus elected, and their successors, shall constitute a body corporate, to be known by the name and style of "The Regents of the University of Colorado." Sec. 13. The Regents of the University shall, at their first meeting, or as soon thereafter as practicable, elect a President of the University, who shall hold his office until removed by the Board of Regents for cause; he shall be ex officio a member of the board, with the privilege of speaking, but not of voting, except in cases of a tie; he shall preside at the meetings of the board, and be the principal executive officer of the University, and a member of the faculty thereof Sec. 14. The Board of Regents shall have the gen- eral supervision of the University, and the exclusive ARTICLE IX. OF THE CONSTITUTIOlSr. 9 control and direction of all funds of, and apropriations to the University. Sec. 15. The General Assembly shall, by law, pro- vide for organization of school districts of convenient size, in each of which shall be established a Board of Kducation, to consist of three or more directors, to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts. Sec. 16. Neither the General Assembly nor the State Board of Education shall have power to prescribe text books to be used in the public schools. AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS, AP- PROVED MARCH 20, 1877, AS AMENDED BY THE SECOND, THIRD, FOURTH, SIXTH AND SEVENTH GENERAL ASSEMBLIES. Be it enacted by the General Assembly of the State of Colorado: STATE BOARD OF EDUCATION. Section i. The Superintendent of Public Instruc- , state board, '- how constituted., tion, the Secretary of State and Attorney General, shall constitute a State Board of Education, of which the Superintendent of Public Instruction shall be President. Sec. 2. The State Board of Education shall meet '^^^''"g^ ^"d powers. at the State capitol on the last Saturday in December in each year, and at such other times and places as may by them be deemed necessary, and shall have power to adopt any rules and regulations not inconsistent with law, for its own government, and for the government of public schools. Sec. 1.. The State Board of Education is herebv state diplomas,. _ ^ to whom issued.- authorized to grant State diplomas to such teachers as may be found to possess the requisite scholarship and culture, and who may also exhibit satisfactory evidence of an unexceptional moral character, and whose emi- nent professional ability has been established by not less than two years' successful teaching in the public schools of this State. Such diplomas shall supersede the neces- sity of any and all other examinations of persons hold- ing the same, by county, city or local examiners, and shall be valid in any county, city, town or district in the State, unless revoked by the State Board of Education. 12 SCHOOL LAW OF THE Examination for ^tate diplomas. How revoked. Sec. 4. But State diplomas shall only be granted upon public examination, of which due notice shall be given, in such branches and upon such terms, and by such examiners as the Superintendent of Public Instruc- tion, the President of the State University, the Presi- dent of the State Agricultural College and the President of the State School of Mines may prescribe; Provided^ That the State Board of Education may, upon the rec- ommendation of the State Board of Examiners, grant State diplomas without examination to persons who, in addition to good moral character and scholarly attain- ments, have rendered eminent services in the educa- tional work of the State for a period of not less than five years. Sec. 5. The State Board of Education may at any time revoke a State diploma, upon satisfactory evidence that the holder thereof has become unworthy of the same; Provided^ That, before revoking any such diploma, the holder thereof shall have at least thirty days' notice to appear before the State Board, and refute any charges brought against him. SUPERINTENDENT OF PUBLIC INSTRUCTION. When elected. Sec. 6. At the general election, to be held in the year of our lyord one thousand eight hundred and sev- enty-eight, and every two years thereafter, a State Superintendent of Public Instruction shall be elected by the qualified electors of the State, who shall hold Tenure of office, office for a tcrm of two years from the second Tuesday of January next after his election, and until his suc- cessor is duly elected and qualified. Sec. 7. Before entering upon his duties he shall take and subscribe the oath of office prescribed by the Con- stitution, and shall also execute a bond in the penalty of five thousand dollars, payable to the State of Colorado, with sureties to be approved by the State Auditor, con- Oath and bond. STATE OF COLORADO. 13 ditioned upon the faithful discharge of his official duties, and the delivery to his successor of all books, papers and documents and other property belonging to the office. Said bond and oath shall be deposited with the Secre- tary of State. Sec. 8. He shall have an office at the seat of gov- Keep office, erntnent, where shall be kept an official seal, and all books and papers appertaining to the business of his office. He shall file all papers, reports and public doc- Duties, uments transmitted to him by the school officers of the several counties, each year separately, and hold the same in readiness to be exhibited to the Governor, or to any committee of either house of the General Assembly. Copies of all papers filed in his office, and his official Decisions touch- '^ ^ ^ _ _ ing school laws acts, may be certified by him, and when so certified, ^ai''^- shall be evidence equally and in like manner as the original papers. He shsll decide all points touching the construction of the school laws, which may be submit- ted to him in writing by any school officer, teacher or other person in the State, and his decision shall be held to be correct and final until set aside by a court of com- petent jurisdiction, or by subsequent legislation; and said decisions, correspondence and instructions may be communicated through the columns of any regularly published periodical that is devoted to the interests of education. He shall prepare lists of questions for the Prepare ques- . tions for teach- use of County Superintendents at the quarterly exarai- ers' examination. nation of teachers, and make such suggestions concern- ing their use as shall tend to secure uniform examina- tions ill the different counties; and he may call to his aid, in the preparation of said questions, such assistance as he may deem proper. Sec. 9. He shall have a general supervision of all Furnish blanks, etc. the County Superintendents and of the public schools of the State. He shall prepare, have printed and fur- nish to teachers and all officers charged with the admin- 14 SCHOOL LAW OF THE istration of the laws relating to public schools, such blanks, forms, registers and books as may be necessary to the discharge of their duties; but he shall not copy- right such forms, nor be directly nor indirectly compen- Such supplies to sated bv reason of the sale thereof. All registers and be charged to •' - . , countiesand blank books so furnished for the use of teachers and deducted from state fund. scliool officcrs, sliall be charged to the respective counties at cost, and the County Superintendent of Schools shall receipt for and distribute the same among the districts of his county as they may require; and the amount so charged against each county shall be deducted from the amount apportioned to such county at the semi-annual apportionment of the State School Fund; and the Su- perintendent of Public Instruction shall certify to the State Treasurer the aggregate amount of such deduc- tions, and the Treasurer shall thereupon transfer said amount from the School Fund, subject to apportion- ment, to the General Fund. The Superintendent of Public Instruction shall have the laws relating to public schools printed in pamphlet form, and annexed thereto forms for making reports and conducting school business, and shall supply School Officers, School Libraries and State Libraries with a copy each. Said printing to be paid for out of the Printing Fund, on warrant of the Auditor, on bills ap- proved by the Superintendent of Public Instruction, and attested by the Secretary of State. Sec. io. He shall, on or before the tenth day of De- cember, in every year preceding that in which shall be held a regular session of the General Assembly, report to the Governor the condition of the public schools, the amount of State School Fund apportioned, and sources from which derived, with such suggestions and recom- mendations relating to the affairs of his office as he may Visit each think proper to communicate. It shall be his duty to wS'^urpose. visit anuually such counties in the State as most need Publication of school law. Biennial report. STATE OF COLORADO. 15 his personal attendance, and all connties, if practicable, for the purpose of inspecting the schools, awakening and guiding public sentiment in relation to the practical interests of education, and diffusing as widely as possi- ble, by public addresses and personal communication with school teachers and parents, a knowledge of exist- ing defects and of desirable improvements in the gov- ernment and instruction of the schools; and he shall Correspondence. open such correspondence as may enable him to obtain all necessary information relating to the system of public schools in other States; and he shall receive out of the State treasury, for actual necessary traveling expenses Traveling and other expenses while traveling on the business of the department, not exceeding j&ve hundred dollars per annum, for which he shall render an itemized bill to the Auditor of State, who is hereby authorized to draw his warrant therefor; and an office, fuel, furniture, postage, contingent books, stationery, and other contingent expenses per- ^^p^°^^^- taining to his office, shall be furnished in the same manner as those of the other departments of the State Government. Sec. II. It shall be the duty of the State Auditor state fund to notify the Superintendent of Public Instruction of when!""^'^' the amount of money in the State treasury to the credit of the Public School Income Fund, on the thirtieth days of June and December in each year. Within fifteen days after receiving such notification, the Superintend- ent of Public Instruction shall apportion said fund among the several counties of the State, from which reports have been received by said Superintendent, as provided in this act, in proportion to the school popula- tion as shown by the report of each county for the year next preceding such apportionment, making such deduc- tions as are provided in section 9 of said chapter. And the Superintendent of Public Instruction shall certify said apportionment to the State Auditor, and upon such 16 SCHOOL LAW OF THE certificate the Auditor shall draw his warrant on the State Treasurer in favor of the County Treasurer of each county, for the amount due said county. The Superin- Notify different tcndcnt shall also certify to the Superintendent of each officers. county the amount apportioned to such county. Assistant Sec. 12. Hc may employ an Assistant Librarian, librarian. rir-v t-i who shall have charge of the State Library, under such regulations as may be prescribed by the State Librarian, or by law. Said Assistant shall receive the annual sal- ary of one thousand ($i,ooo) dollars for his services. COUNTY SUPERINTENDENT. When elected. Sec. 13. Thcrc shall be elected in each county, at the general election in the year one thousand eight hundred and seventy-seven, and biennially thereafter, a County Superintendent of Public Schools, who shall take office on the second Tuesday of January next suc- ceeding that on which such election shall be held. He Term of office, shall hold liis office for two years, and until his successor shall be elected and qualified. Before entering upon Oath and bond, tlic dutics of liis officc he shall take the oath prescribed by the Constitution, and execute a bond payable to The People of the State of Colorado, with two or more sure- ties, to be approved by the Board of County Commis- sioners, in penalty of not less than two thousand dollars, to be increased at the discretion of said Board, condi- tioned upon the faithful performance of the duties of his ofiice and the delivery of all moneys and property as such Superintendent to his successors, which bond shall be filed in the ofiice of the County Clerk. Sec. 14. Should the Superintendent elect fail to qualify as aforesaid, or should there occur a vacancy in County commis- said officc, the Board of County Commissioners shall, tacTrcy*^" at thclr next meeting after such vacancy or failure to qualify occurs, appoint an eligible and suitable person, STATE OF COLORADO. iT who shall qualify within ten days after his appointment^ and. who shall continue in office until the next general election thereafter. Should such appointee fail to qualify, as aforesaid, another appointment shall be made in the same manner, until the vacancy shall be filled by appointment or election. Sec. 15. On the last Friday of February, May, Quarterly August and November, in each year, he shall meet all persons desirous of passing an examination as teachers, in some suitable room at the county seat, notice of which shall be given in some newspaper in the county, or in case there is no paper published in the county, he shall give such notice as may by him be deemed neces- sary; at which time he shall examine all such applicants in orthography, reading, writing, arithmetic, English Topics, grammar, geography, the history of the United States, including the Constitution of the United States, physi- ology, laws of health, the elements of the natural sci- ences, theory and practice of teaching, and the school law of the State; Provided^ That, if attendance upon the examination at the county seat work a great hardship to one or more teachers in the county, he may provide for such teacher or teachers to take the examination at some convenient place under the direction of a deputy. Examination who shall transmit to the County Superintendent the dsTwh^ere^ written answers of each applicant as soon as the exami- nation is completed. Such deputy shall receive the sum of five dollars ($5) per day for conducting such exami- nations, when such services are certified to the County Commissioners by the County Superintendent. If the applicant is to teach in a school of high grade, the examination shall extend to such additional branches of study as are to be pursued in such school. If satisfied of the competency to teach, and of the good, moral character of the applicant, he shall give such applicant a certificate as provided in the following section, but he Certificates. 18 SCHOOL LAW OF THE Grades of cerlificnles. Temporary. Record. shall not issue a certificate, except a temporary one, unless the applicant be examined at the regular quarterly examination. Skc. i6. The certificates issued by the County Super- intendents shall be of three grades, distinguished as first, second and third. The first grade certificate shall be valid for two years; the second grade for one year; the third grade for six months. A County Superintendent may renew a certificate of the first grade by endorsing such renewal thereon, and may revoke certificates of any grade at any time, for immorality, incompetency or other just cause. It shall be deemed a violation of law to grant a certificate of either of the above named grades without requiring the applicant to pass a thorough and satisfactory examination in .such branches, and at such times as are specified in section 15 of this act, and in all such examinations the questions prepared by the Super- intendent of Public Instruction shall be used; Provided^ however. That a certificate of the third grade shall not be refused because of the failure of the applicant in the elements of the natural sciences. The Superintendent may, however, upon satisfactory evidence of competency, issue a temporary certificate, which shall be valid only until the next regular examination, at which time the holder oi such temporary certificate shall appear for a complete e.xaminatiou, as aforesaid. It shall not be law- ful to renew a temporary certificate, nor to grant a second one to the sauie person. The Superintendent shall keep an official record, in a suitable book, of the persons so examined, containing the name, age, nationality, date of examination, and grade of certificate issued; he shall also retain for six months the written answers of all applicants at the regular examinations, and hold the same subject to the order of the State Board of Educa- tion; And, provided, furf lie r^ That in school districts of the first class, the examination of teachers to fill STATE OF COLORADO. 19 vacancies may be conducted by the School Boards of such districts, and a teacher thus examined and em- ployed by a district of the first class shall not be re- quired to hold a certificate from the County Superin- tendent while teaching in such district. A County Superintendent may, upon the application of a teacher holding a first grade certificate received at a regular examination in another county in the State, and in full force at the time, issue to said teacher a certificate of like grade, if satisfied of his or her ability to teach; Provided^ That such certificate shall not show the stand- ing in each branch, nor be subject to renewal, but shall show the condition upon which it is issued. In case a certificate is. revoked or refused, at a regular examina- tion, by the County Superintendent, the right of appeal to the State Board of Education shall not be denied the teacher or applicant, if said appeal be taken within thirty days from date of notice of such revocation or refusal. Sec. 17. If for any cause the Superintendent is un- Deputy, able to attend to the duties of his office, he may appoint a deputy, who shall take the usual oath or affirmation of office, and who may exercise all the functions of County Superintendent, but such deputy shall draw no salary from the public fund; Provided^ That the Super- intendent may receive d. per diem for the service of such deputy. Sec. 18. On the first Tuesday of September, in each Reports year, the County Superintendent shall make a report to the Superintendent of Public Instruction for the school year ending June thirtieth next preceding, which report shall contain an abstract of the reports made to him by the District Secretaries, and such other matters as the Superintendent of Public Instruction may direct, items, and shall be in such form and upon such blanks as the Superintendentof Public Instruction shall furnish. The 20 SCHOOL LAW OF THE Retain copy. County Superintendent shall retain a copy of all such reports and file the same in his office. Sec. 19. The County Superintendent shall appor- tion the General School Fund of the county among the several school districts in accordance with the provisions of sections seventy-two and seventy-three of this chap- Apportionment, ter, quarterly, to-wit: On the first Monday in January, April, July and October, in each year, and he may apportion the same at other times if there be sufficient money in the treasury to require it. He shall certify each apportionment promptly to the County Treasurer, Notify officers, and shall also notify the Secretary of each district of the amount placed to the credit of his district. Sec. 20. It shall be the duty of the County Super- intendent to exercise a careful supervision over the Visitation. schools of liis couuty, to visit each school at least once during- each quarter it is in session, to see that all the provisions of this act are observed and followed by ^ . ,. . teachers and School Officers; to examine the accounts Examine district ' accounts. ^f ^]^q District Officers to see if such accounts are pro- perly kept, and all district funds properly accounted for; to keep, in a good and substantial bound book, a record of his official acts, and of all other matters required by law to be recorded; to obey the legal instructions and decisions of the Superintendent of Public Instruction. He shall also keep a record of the Registers, Record Books and Order Books furnished to the several dis- Hoid county tricts of his county; and it shall be his duty to hold associations. Couuty Tcachcrs' Associations whenever, in his judg- ment, the interests of the school work demand it; the records of the County Superintendent's Office shall be open to the inspection of any citizen of the county, and within one week from the close of each school year he Publication of shall publish in some newspaper published in the county, apportionments. ^^ ^]^gj-g ^g such a paper, 3. statcmcut of the apportion- ment of school funds for the year preceding. STATE OF COLOEADO. 21 Sec. 21. If the County Superintendent fails to make Neglect of duty. a full and correct report to the Superintendent of Public Instruction, as provided by law, and shall, after written request or notice from the Superintendent of Public In- struction, or from the Board of County Commissioners, delay more than ten (lo) days after the service of such notice to make such report, he shall forfeit the sum of Forfeiture for one hundred dollars, which sum the Board of County ^^"*' Commissioners may deduct from any money due him; said forfeit may, however, be recovered by suit, upon his official bond. Sec. 22. The County Superintendent shall have May administer power, and is hereby authorized, to administer oaths °''*^' and affirmations to school directors, teachers and all other persons in official matters relatino^ to schools; but shall receive no fee for so doing. Sec. 23. The County Superintendent shall appoint Fiu vacancies in directors for any district which fails to elect, as provided in section forty-four, and shall fill vacancies that may occur in any board of directors by reason of death, re- moval from office or from the district, resignation, or otherwise, except in boards of directors of districts of the first class, and the officers so appointed shall hold office only until the ensuing regular election. Sec. 24. It shall be the duty of the County Super- Ascertain intendent to ascertain the boundaries of each school diTtdcts"^^ °*^ district in his county, and to make and keep a record of the same in a suitable bound book, which record shall show definitely the boundaries of each district. In case the boundaries are found to be conflicting or incorrectly described, he shall harmonize the same and make a report of such action to the board of school directors whose districts are affected thereby. District officers shall have access to such records for the purpose of examination, making copies, or for other legitimate 22 SCHOOL LAW OF THE Salary. Bill for same. purposes. The County Superintendent shall prepare, or have prepared, a map of the county, showino^ the correct boundaries of the districts. Sec, 25. For the time necessarily spent in the dis- charge of his duty he shall receive five (5) dollars per day, and fifteen (15) csnts for each mile necessarily traveled one way. He shall, as far as practicable, render an itemized bill of his services and mileage, each month or quarter, to the Board of County Commissioners, and shall make oath that the bill is just and correct; where- upon the County Commissioner shall order a warrant on the County Treasurer, payable from the General County Fund; Provided^ That the annual salary so received shall in no case exceed one hundred dollars for each regularly organized public school in the county. The Commissioner shall provide him with a suitable office at the County Seat, and all necessary blank books, sta- tionery, postage, expressage and other expenses of his office, not otherwise provided for, which last men- tioned expenses shall be paid for from the County Fund. He shall keep his office open for the transaction of offi- cial business such days each week as the duties of the ofiice may require. Sec. 26. It is hereby made the duty of the County Treasurer in each county, to keep a separate account with each school district in his county, to place to the credit of each the amount of money as certified to by the County Superintendent, as provided in section nineteen, and to pay over the money so collected, upon the pre- sentation of the legally-drawn warrants or order of the district officers entitled to draw the same; Provided, That if the County Superintendent shall notify the Not to pay over Couuty Trcasurcr, in writing, that there has been a funds in certain . - . cases. failure on the part of any Board of Directors to comply with the law, and that said money should be withheld from said Board of Directors, he shall retain the same Limit. Books, etc., furnished by county. Keep his office open. Duties of county treasurers. STATE OF COLORADO. 23 until further notice from the County Superintendent. On or before the fifth day of July in each year, he shall render, to the County Superintendent of Schools, a state- Treasurers' ment of the receipts and disbursements on account of '^p""^- the several districts, of all the School funds which have passed through his hands during the school year next preceding; and at the same time he shall render to each District Secretary a statement of receipts and disburse- ments of such district. All money which shall become forfeited by any district shall be put into the General School Fund and re-appropriated as other moneys. ORGANIZATION OK DISTRICTS, ETC. Sec. 27. For the purpose of organizino- a new district Division of ^ . districts. out of a portion of one or more old districts, the parents of at least ten children of school age residing within the limits of the proposed new district shall petition the County Superintendent, in writing, which petition shall describe the boundaries of the proposed district, and the names of all children of school age residing in such pro- posed district at the date of said petition ; and said list of names shall be held to be the census list of said dis- List of name trict until the next regular census shall be taken, and if any names are found on said list, and also on other cen- sus lists for the current year, if the County Superintend- ent is satisfied that the children so named are bona fide residents of the proposed district, he shall strike such names from the lists of the old districts, when the organ- ization of the new district is complete. If, in the judg- ment of the County Superintendent, the school interest of the districts affected by the proposed change, will be best promoted by said change, he shall direct some one of the petitioners who is a legal voter, to notifv each elector residing within the district so to be formed, by personal service as far as convenient, and to post a notice in three public places in said new district, that such 24 SCHOOL LAW OF THE petition has been made, and that a meetino^ will be held, Notice of naminof the time and place for such meeting- to deter- meeting. '^ . . / . . mine the question of the proposed organization. People New districts Hving upou unorganized territory may organize them- ganTzedTerritory selves luto a school dlstrict at any time, without a peti- tion, if a majority of the legal voters residing within the proposed district shall so decide at a meeting, of which reasonable notice has been given to all resident voters, and which meeting shall be conducted as is now provided by law for the organization of new districts; Provided^ That, in addition to the copy of the proceed- ings now required by law, the Secretary shall also trans- mit to the County Superintendent a certified list of all children of school age who are residents in good faith in said district at the date of the organization, which Census list. Hst shall be held to be the census list of said district until the next regular school census. Qualified elect Sec. 28. Thc qualified electors of such proposed dL^ric"sThau °° new district, when assembled in accordance with the notice above required, shall organize by electing a chair- oniy qualified mau aud sccrctary. Every legally qualified elector, and to^vo°t"^"'^ none other, shall be entitled to vote at such meeting. After the organization of such meeting, as above men- vote taken. tioncd, a votc shall be taken by ballot on the question whether or not the proposed district shall be organized. Those in favor of organization shall vote "Yes," and those opposed "No." If two- thirds of the legal voters so voting are found to be in favor of such organi- Proceed to elect zatiou, aud uot othcrwisc, the meeting shall proceed to Kectors!'""''' elect by ballot a board of directors of said district, who shall hold office until the ensuing regular election, as provided in section forty-four (44) of this act. The Transmit a copy secretary of said meeting shall immediately transmit to of proceedings. ■, ^-^ r^ • ^ r ^ i- r the County Superintendent a copy of the proceedings of the meeting, upon the receipt of which, if the proceed- ings are found to have been in accordance with law, he STATE OF COLORADO. 25 shall establish and number such district and enter a shaii establish and number such record of the same, and of the proceedings of the meet- ^'^'"c'- ings, as provided in section twenty-four (24) of this act; Provided^ If such organization of a new district works Proviso. Sfreat hardships to any head of a family, a statement of Hardship to ■=• ^ 1 . , head of family the facts may be submitted to the Superintendent and two disinterested persons, one to be named by the Super- intendent and one by the person affected, and if in their judgment good cause be shown for the transfer, he may J^^tw dLl-°t. be transferred to another district; Provided^ further^ Proviso. That no district shall hereafter be divided for the pur- pose of forming a new district, unless it contains an ^^^^ Contains an area _ _ of nine square •of more than nine square miles; nor shall a district be ™''^^- divided if by so doing the remainder of the district shall j^^^ district be found to contain less than fifteen persons of school fi,t|en°pe'?sens age, and when practicable the district shall conform to"^""^""^^^^' ^government lines; Provided^ also. That no city or town proviso, shall hereafter be divided into two or more districts, and districts of the first class shall not be divided except upon D-xstrictoif^tit n vote of the electors of the district, sub^nitted at a7i aji- divided, except nual election^ and a majority of all the votes cast being ^or^ oi disina. in favor of such division. Sec. 29. Two or more contiguous districts may beumonof united into one district. For the purpose of effecting such union, each district shall, at a special meeting legally called for the purpose, determine by ballot whether or not a majority of the legal voters assembled are in favor of such union. Those in favor will vote "Yes," and those opposed "No." If a majority of the voters present, in each district, vote in favor of a union, a union meeting shall be called by giving at least ten days' public notice, at which meeting the organization shall be perfected by the election of officers and other necessary proceedings, in the same manner as provided for the organization of districts in section twenty-eight {28) of this chapter. Upon receiving notice from the 26 SCHOOL LAW OF THE Annexation. County Superintendent, of such union of districts, it shall be the duty of the County Treasurer to transfer all funds belonging to said districts to the credit of the new dis- trict thus formed. A portion of unorganized territory may be annexed to a school district; or a portion of one district may be detatched from said district and annexed to a contiguous district, by the County Superintendent, upon petition, in either case, of a majority of the legal voters resident within the territory to be so annexed, subject always to the limitation provided in section twenty-eight. Must establish school before money is paid over; may become void in six months. County super- intendent may extend time. Annulled for failure Sec. 30. No new district, formed as provided in sec- tions twenty-seven (27) and twenty-eight (28) of this chapter, shall be entitled to any portion of the public school money until a school has actually commenced therein, and unless within six (6) months from the estab- lishment of such district a school be opened and main- tained as required by law, the action making such dis- trict shall be void, and all actions had by such district, acting as a body corporate, shall cease and determine, and all taxes which may have been levied in the old dis- trict or districts out of which the new one was formed, shall be valid and binding upon the real and personal property of the new district, the same as if said new district had never been organized; Provided^ That the County Superintendent may, for good cause, extend the said six (6) months to eight (8) months, said time of limitation shall begin to run from the time of the meet- ing at which it was voted to organize the district; when- ever any district shall, for the period of one year, fail to maintain a school and keep up its organization of offi- cers, and to make annual report as required by law, the County Superintendent may declare such district an- nulled, and annex its territory to adjoining district or districts. STATE OF COLORADO. 27 Sec. ^i. a Joint School District may be formed Joint districts; , . how formed. from territory belonging to two or more contiguous counties. For the purpose of organizing a Joint Dis- trict, the same preliminary steps shall be taken, and the same course pursued as is provided for the organization of other districts, in sections twenty-seven (27) and twenty-eight (28). Such district shall be designated as "Joint District No. . . , of the counties of and , and shall be so numbered that it shall have the same number in all the counties from which it is formed." The petition required by section twenty-seven (27) shall be made to each County Super- intendent interested, who shall unite in forming such districts; Provided^ That the school census, the record of attendance at school, the assessing of property, the collection of taxes, and all other acts which from their nature should be separately kept or done, shall be kept Repots separate and done, and the reports thereof made, as if each por- tion of said Joint District belonging to each county were an entire district in the respective counties. The teach- Teachers' ers of such Joint District shall have a certificate from the Superintendent of the county in which the school house is located. No Joint District shall be annulled except by the consent of the County Superintendents of the counties in which such district is located; Provided^ That when any Joint District desires to be annulled for How annulled. the purpose of forming separate districts, it shall require a majority vote of the voters constituting said Joint Dis- trict, at a meeting called for such purpose. Sec. 32. When a new district is formed from one when new dis- or more old ones, the school funds remaining to the credit iromluem^moT^ of the district^ after providing for all outstanding debts funds sikwht excepting debts incurred for building and fu,rnishing school houses^ shall be divided as follows: The basis of division for the school fund shall be the school population^ as shown by the last school census before the division of 28 SCHOOL LAW OF THE the district or districts occurred, and shall appl}- to such funds as remain to the credit of said old district or districts at the time of the organization of said new district, and Each district cach district shall receive funds in proportion to its per funds. cent, of the said census. In case of division, each dis- shaii own and tvict sliall owH uud kold all permanent property, such as hold permanent . . property. sttes^ school-fionses and furniture situated ivithin its boundaries. All division of funds under this provision shall be made by the County Superintejident^ and when there are unpaid special taxes on the county tax-book, belonging to a district at the date of its division, the County treasurer Couutv Trcasurcr, upou bclug notified of such division by to retain funds ... in • i until the same is the Couuty Superintendent, shall retain all monev re- apportioned. ceived in payment of said special tax until the same shall County superin- bc apportloucd by the Couutv Superintendent, whose duty tendent to . '. ., apportion money it shall bc to apportiou Said money monthly, between the fractions of the divided district, according to the location of the property on which said tax was levied. cannotappor- At thc first apportionment after the organization of a tion until school . 111 ihas commenced ncw district, thc Couuty Superintendent shall apportion in good faith. ■ ^ . . ^ ^ to such district its per capita proportion of the general fund, but no money, either from the general or special fund, shall be paid out of the county treasury on account of such district until a school shall have been begun therein in good faith. Sec. 33. Whenever the school boards of two (2) or more contiguous school districts shall each deem it Establish a union advisable to establish a union high school, the County ig sc 00. Superintendent shall, at the request of two (2) of the Call a meeting Secretaries of the boards, call a meeting of the boards Notice °" interested by giving personal notice to each member, which meeting shall elect by ballot from among the members of said boards, if a majority of the mem- bers of each board are present, a committee of three High school (3), to be known as the High School Committee of such union school. The County vSuperintendent shall be, ex ■committee. STATE OF COLOEADO. 29 officio^ an additional member of said committee and shall preside at the meetings thereof. There shall be elected a secretary of such committee, and if need be a treasurer. ^nd^'reaTureT"^ In any case in which the county seat of any county shall all be included iit one school district^ the board of such school district shall have the sfime powers of establishing and or- ganizing a high school as are hereby given to the board ^organize a high two or more contiguous school districts^ and in stich case the High School Committee shall be the board of such school district^ or such three members as they may select. High schools formed U7ider the provisions of this section shall be High schools open to children from all districts of the county in which homaw districts they are so forfned^ provided such children are qualified., as hereincifter provided. Sec. 34. The members of said High School Com- Tenure of office. mittee shall hold the office for and during the term they are members of their respective Boards. All vacancies vacancies. in said committee, other than such as are caused by the expiration of the term of office, shall be filled by the School Board of which the person so vacating was a member. The Secretary shall be elected annually, and secretaries, may receive such compensation as the committee shall deem proper to allow. Sec. 35. The regular meetings of the High School Regular meet- insTS' special Committee shall be held on the first Saturday of March, meetings. June, September and December of each year, and special meetings may be held at any time upon the call of the County Superintendent, or of two members of the committee. Sec. ^6. Said committee shall exercise all the now- Powers and "-^ . - duties of ers and perform all the duties, with reference to said committee. High School, that are accorded to and required of School Boards throughout the State, as provided in sec- tion fifty (50) [51] of this act, and shall have power to establish and prescribe the qualifications and manner of examination for admittance to the High School. 80 SCHOOL LAW OF THE After establish- ggQ_ oy_ After tlic first establishment of such a ment it shall be •-'/ maintained. High School, it shall bc maintained until the then next regular apportionment of the county school fund, as How maintained ^qI I Q^^yg. I^^ach district, whick shttll JiavE any childj-en attending such High School^ shall draw from its school fund, and cause to be placed to the.credit of High School fund, such part of the whole expenses as shall be pro- portioned to the number of pupils attendant at such High School from such district; Provided it is with the After first year ai)t>roval of the directovs of said district. After the first to be rated as a -l^ -^ -' separate district, yg^j-^ qj- p^j-|- Qf ^ ycar, SO as abovc provided for, the said High School shall, so far as practicable, be rated as Draw its quota a separatc district. It shall be entitled to draw from the for attendance, ^ general, State and county funds its quota for attendance, as provided by section seventy-two (72) of this act, and Deficit made up. |;]^e dcficit shall be made up from the several district funds in proportion to number of pupils from each dis- trict who attended said High School during the then past year. Maintained forty Sec. ^8. Thc High Scliool may be maintained dur- weeks each year. . ing forty (40) weeks in each year, and shall be free to all children in the county who are qualified for admission according to the requirements prescribed by the com- *^^'!^/^?, mittee, and all children in the county who are so quali- qualined to pass ' •' ■* the examination, gg^^ aud wfio cau pass thc cxaminatious prescribed by the committee,. shall be entitled as of right to attend said High School. Who shall elect Sec. ^q. Evcry dlsttict in the county which con- members of ^ ' p . . .__. committee. tributcs to the support and patronage of said High School, shall, by its Board of Directors, be entitled to a voice in the election of members of the committee. SCHOOL DISTRICTS, OFFICERS AND ELECTIONS. Each district a Sec. 40. Each regularly organized School District heretofore formed, or that may be formed, as provided in this chapter, is hereby declared to be a body cor- STATE OF COLORADO. 31 porate, by the name and style of School District No. . . , in the county of , and State of Colorado, and in that name may hold property and be a party to suits and contracts, the same as municipal corporations in this State. Sec. 41. There shall be elected in each School Dis- Annual election. trict of the State, annually, and in the manner prescribed in section forty- four (44) of said chapter, a Board of Directors. The number of persons that shall constitute each Board of Directors shall be determined as follows: The School Districts shall be classified into first (ist), classification. second (2d), and third (3d) classes; districts containing a school population of more than one thousand (1,000) shall be denominated districts of the first (ist) class; districts containing a school population of three hundred and fifty (350), and not exceeding one thousand (1,000), shall be denominated districts of the second (2d) class, and districts containing a school population of less than three hundred and fifty (350) shall be denominated districts of the third (3d) class. At the regular election in 1887, as provided in section forty-four (44) of said chapter, all districts of the first (ist) class shall elect, by ballot, one (i) director for three (3) years; and at the regular election in 1888, one (i) director for three (3) Term of office. years and one (i) director for four (4) years; and at the regular election in 1889, one (i) director for four (4) years and one (i) director for five (5) years; and annu- ally thereafter there shall be elected one (i) director for five (5) years. All districts of the second and third classes shall elect one (i) president for three (3) years, one (i) secretary for two (2) years, and one (i) treasurer for one (i) year; and annually thereafter there shall be elected for three (3) years a person to fill the vacancy occurring; Provided^ That this shall not apply to dis- tricts of the second and third classes already organized. School Boards of the first-class shall, at their first meet- oCdt''"" 32 SCHOOL LAW OF THE ing after their election, elect a president, who shall be a member of the board, a secretary, who may or may not be a member of the board, and a treasurer, who shall not be a member of the board, and who shall hold office for one year and until their successors are elected Powers and and Qualified. In districts of the first and second duties. -^ classes the boards, after organization, shall exercise all the power given the electors of districts of the third class, as specified in section sixty-three (63) of said chapter. Present organi- Sec. 42. Bvcry School District in the State, which zation legalized. , ' now exercises the prerogatives of a School District, and the legality of whose organization has not been legally denied, and which has a Board of Directors, duly quali- fied according to law, and has exercised the righls and enjoyed the privileges of a legally and regularly estab- lished district for one year, shall be, and is hereby declared to be, a legal School District; and all District Officers shall hold office until their successors are quali- changefrom fied. Whcu School Districts of the second (2d) class second class ^ to first. shall attain a school population of one thousand (1,000) or more, as shown by the annual census, at the next regular election thereafter, as provided in section forty- four (44) of this act, there shall be elected one (i) direc- tor for jthree (3) years, and one (i) director for four (4) years, and one (i) director for five (5) years, and annually thereafter one (i) director for five (5) years, as provided for in districts of the first (ist) class; and the persons so elected, together with the Directors whose official terras have not expired, shall constitute the new Board, which Board shall enter upon the duties prescribed by law for Boards of Directors of Districts of the first (ist) class. What constitutes Sec. 4^. All SchooU Districts now formed, or which a district legally. r- i r i i • i i n may hereafter be formed, which shall continue to exer- cise, undisputed, the prerogatives and enjoy the privi- STATE OF COLORADO. 33 leges of a legally formed district, for the period of one year next succeeding the election of its officers, shall be deemed to be a legally formed district, and its legality shall not thereafter be questioned. Sec. 44. The regular election for electing members Annual election, of School Boards shall be held annually in each district on the first Monday in May, at which time it shall be lawful to transact any business pertaining to schools and school interests. The Secretary of each School Notice. Board shall cause written or printed notices to be posted, specifying the day and the place of such election, and the time during which the ballot-box shall be kept Baiiot box open 11 1 11 1^1 three hours. open, not less, however, than three hours, and further specifying at what hour any other business shall be transacted. Said notices shall be posted in at least three public places in the district, one of which shall be the school-house, if there be one, at least six days previous to the time of election; and in districts of the first-class said notice shall be published weekly for the four weeks next preceding such election, in some newspaper pub- lished in the district, and if there be no paper published in such district, then in a paper published in an adjoin- ing district. If the Secretary fail to give such notice, then any two (2) legal voters residing in the district may Notice by two give such notice over their own names, and such elec-"^"^"^' tion may be held after the day fixed by this act for such election. All elections shall be by ballot, and in the ah elections absence of a notice specifying the hour, the ballot-box ^''''^"°'" shall be opened at nine (9) o'clock a. m., and closed at four (4) p. m. Sec. 45. Every elector legally qualified to vote at a ^ho are voters, general election, having been a resident of the School District for thirty (30) days next preceding the day of election, shall be entitled to a vote; Provided^ That no person shall be denied the right to vote at any School 34 SCHOOL LAW OF THE Oath. §?*o°.^ . District election, or to hold any School District ofRce disqualincation. ■' on account of sex. Any person oflfering to vote may be Challenge. challenged by any legally qualified elector of the dis- trict; and any one of the Judges of Election shall there- upon administer the person challenged an oath, as fol- lows: "You do swear (or affirm) that you are a citizen of the United States, or that you have declared your intention to become such; that you have resided in this State of Colorado six months immediately preceding this election; that you are twenty-one years of age; that you have resided in this district thirty days next pre- ceding this election, and that you have not voted at this election, so help you God (or under the pains and penal- ties of perjury)." If he shall refuse to take such oath or affirmation, his vote shall be rejected. Any person guilty of voting illegally shall be punished as provided in the general election law of this State. The Presi- dent, Secretary and Treasurer of the District School Board shall act as judges of the election, and should any of them be absent at the opening of the polls, the elect- ors present shall appoint a legal voter to fill the vacancy; Provided^ however^ That at all elections held for voting upon a proposition to create or contract a debt by loan for the purpose of erecting or furnishing school build- ings, or purchasing school grounds, only such qualified electors of the district shall vote thereat, as shall have paid a school tax in such district in the year next pre- cedingf such election. Judges of election. Counting the votes. Sec. 46. Immediately after the closing of the polls the judges shall proceed to count the votes, and the per- son or persons qualified to be elected who shall receive the largest number of votes, shall be declared elected. If, for any cause, no election be held at the regular time, or if, upon counting the votes, there be a tie vote Special election, fgr auy onc or more of the Offices, a special election shall be called by the Board within ten (10) days, and Tie vote. STATE OF COLORADO. 35 notice thereof given, as required in section forty-four (44.) of this act. A failure to give the prescribed notice Failure to give ^^ ■"' . . notice voids of such special election shall render the election void. the election. Sec. 47. The Directors shall each, within twenty Oath of office. (20) days after his or her election, appear before some officer authorized to administer oaths, and take oath that he or she will faithfully perform the duties of his or her office required by law, which oath shall be filed with the County Superintendent; and, in case of failure so where med. to qualify, his or her office shall be deemed vacant, and vacancy, how the County Superintendent shall appoint a suitable per- son, who shall qualify immediately. If the amount of money liable to come into the hands of the Treasurer, in the discharge of his official duties, exceed twenty dol- lars at any one time, he shall be required to give bond in Treasurer's ' ,. , . , . bond. double the amount of money liable to come into his hands, said bond to be approved by, and filed with, the County Superintendent. The Directors elect shall take office immediately after qualifying, as aforesaid; Pro- vided^ That any District Treasurer, who shall refuse to give bond as above, when required to do so by the other niembers of the Board, shall be disqualified from receiv- ing any money on district account until a satisfactory bond is executed. The oath of office required in this section may be administered by a President of a School Board; and it is hereby made the duty of the District Treasurer of all first-class districts to publish, semi- annually, in some newspaper published within the county wherein such district may be located, a complete and full report of all receipts and expenditures of the said district's funds. Sec. 48. Any School Board shall have power to By-iaws by the make such by-laws for their own government and for the government of the public schools under their charge, as they may deem expedient, not inconsistent with the 36 SCHOOL LAW OF THE provisions of this act, or the instructions of the Super- intendent of Public Instruction. District Boards of the Vacaneies in first-class shall also have power to fill any vacancy which districts of . - - ' first class. may occur in the Board, until the regular election, at which time the vacancy shall be filled for the unexpired term. Hold real estate. Sec. 49. It sliall bc lawful for auy School District in this State to take and hold, under the provisions of chapter thirty-one of the Revised Statutes, so much real estate as may be necessary for the location and con- struction of a school-house and convenient use of the school; Provided^ That the real estate so taken, other- wise than by the consent of the owner thereof, shall not exceed one acre. Regular Sec. 50. The rcgular meeting of each Board shall be held on the last Saturday of March, June, September and December. The Board may, however, hold such Special meetings other rcgular, special or adjourned meetings as they may from time to time determine, or as may be specified in their by-laws. Powers and Sec. 5 1. Evcrv School Board, unless otherwise duties of boards. ..,.,' ,, . especially provided by law, shall have power, and it shall be their duty: Employment First — To cmploy or discharge teachers, mechanics and discharge . "L ., ., . . , . of teachers, etc. or laborcrs, and to nx and order paid their wages; to determine the rate of tuition for non-resident pupils, Compensation aiid to fix tlic compeusation to be allowed the Secretary for the time necessarily spent in the service of the dis- trict, as required by law, or as directed by the Board; Provided^ It shall be unlawful to pay any other mem- ber of the Board, from the District Funds, for his serv- ices as a member of such Board. Fix course of Secoiid — To euforcc the rules an"d general regulations study. of the State Superintendent, to fix the course of study, Textbooks. the exercises and the kind of Text Books to be used; STATE OF COLORADO. 87 Provided, That but one kind of Text Book of the same one kind in ' same branch. grade or branch of study shall be used in the same department of a school, and that after the adoption of any book, it shall not be changed in less than four years, Not changed in . --..,. ,,., ^ less than four unless the price thereof shall be unwarrantably advanced, years. or the mechanical quality lowered, or the supply stopped. Third — To provide for school furniture, and for every- school furniture. thing- needed in the school-house, or for the use of the School Board. Fourth — To rent, repair and insure school-houses. Houses. Fifth — To build or remove school houses, and to pur- To buud or chase or sell school lots, when directed by a vote of the district so to do. ~ Sixth — To hold in trust for their district all real or personal property for the benefit of the school thereof. Seventh — To suspend or expel pupils from school, Suspend or *" expel pupils. who refuse to obey the rules thereof, and to exclude from school children under six years of age. Eighth — To determine the number of teachers that p^""?^" "•" a teachers. shall be employed, and length of time over and above three (^) months that the school shall be kept: to fix the Length of schoo ^^' _ _ ■■■ ' and school hours time for the opening or closing of schools, and for the dismissal of primary pupils before the regular time for closing of schools. Ninth — To provide books for indigent children, on indigent . -,.,,, - children. the written statement of the teachers that the parents of such children are not able to purchase them, and to fur- nish free Text Books for the use of all pupils, when authorized to do so by a majority vote of the district, as expressed at any regular or special meeting. Tenth — To require all pupils to be furnished with the proper and suitable books as a condition of membership in school. 38 SCHOOL LAW OF THE Immoral books. Eleventh — To exclude from school and school libra- ries all books, tracts, papers and other publications of an immoral or pernicious tendency. Annual report. Admit pupils from adjoining districts. Board may establish high school No building without vote of the district. Duties of president. Tzvelfth — To require teachers to conform to the law. Thir'teenth — To make an annual report, as required by law, to the County Superintendent, on or before the first day of August of each year, in the manner and form and on the blanks prescribed and furnished by the Superintendent of Public Instruction. Fotirteenth — To make a report directly to the State Superintendent, whenever instructed by him so to do. Fifteenth — Whenever a pupil resident in one district desires to attend school in another district, such pupil shall be permitted to do so; Provided, That the Board may refuse to admit pupils from other districts upon the ground of insufficient room. Sec. 52. The School Board of districts of the first and second classes shall have the power to establish a separate High School whenever they shall deem it expe- dient or necessary, and shall have power to determine the qualifications for admission to such schools, and shall exercise all the powers with reference to such High School which are accorded to them in relation to the schools of lower grade; Provided^ That no School Board shall build or lease any building especially for such High School, unless authorized to do so by a vote of the district, as provided in section sixty-two (62) [63] of this act. Sec. 53. The President, when present, shall preside at all meetings of the Board and of the district., shall sign all orders on the County Treasurer for the payment of money; Provided, That no orders shall be drawn upon the County Treasurer except in favor of parties to whom the district has become lawfully indebted. He STATE OF COLORADO. 39 -shall appear in "behalf of his district in all suits brought hy or against the same, but when he is individually in- terested, this duty shall be performed by the Secretary, and in the absence of the President, the Secretary shall preside at Board and District meetings. Absence from Vacancy in the district of any school officer, when prolonged beyond thirty days, may be held to work a vacancy in said ■office, which may be filled according to law. Sec. 54. Before entering upon the duties of his secretary shaii ■office, the secretary shall execute a bond, with two^'"^ sureties, in the penal sum of five hundred (500) dollars in districts of the first and second classes, and the penal :sum of one hundred (100) dollars in districts of the third class, conditioned upon the faithful discharge of his official duties and the delivery of all district prop- Deliver to s«c- . ,•• ii-rr j_i- -.I- cesser in office erty pertaining to his ornce over to his successor, withm aii property, ten days after a demand is made for the same by a •qualified successor, said bond to be approved by and Bond to be •^ . . ' -^ ■^ approved filed with the county superintendent. The secretary secretary to shall record all proceedings of the board and of district ceedings. ■meetings in a book, or books, kept for that purpose; shall preserve copies of all reports made to the State or Preserve copies. ■County Superintendents; shall file all papers transmitted File aii papers ... , 11 f-^ •• 11. transmitted to him by other school officers pertaining to the business to him. of the district; shall draw and countersign all warrants Countersign warrants. ■or orders issued by the board; shall keep a register or Keep register of stub of all orders drawn, showing the number of the^"""^"^ order, date, amount, in whose favor and for what pur- pose drawn. Immediately after the election of one or more directors according to law, he shall transmit to Transmit a the County Superintendent a statement giving the name :and post-office address of the president, secretary and treasurer, respectively, of the boards of directors. Between the tenth day of April and the first day of May, in each year, the secretary, or some person author- ized by him, shall take a census of all persons over six Take census. 40 SCHOOL LAW OF THE Bona fide veafs aucl uiider twentv-one vears of ao^e who were bona residents. - - - . . ^ fide residents of the district on the tenth day of April aforesaid. The names so listed shall be arranged alpha- betically, and be so classified as to distingnish between Census shall be nialc and female. The census list shall be sworn to as sworn to as correct. corrcct by the person taking the same, and, if such per- son be other than the secretary, shall be certified by the List shall be for- secretary, and shall be forwarded to the countv superin- warded to county -^ ' ^ ^ superintendent tcndcnt OH ov befove the fii'st day of June of the current school year. In districts of first and second classes a A copy. copy shall be delivered to the principal teacher, or Superintendent of the district, and in all cases a copy shall be retained in the office of the secretary. List to be exam- S^C. s S- Thc ccusus Hst of the several districts ined and com- "^ pared by county ghall bc carcfulH' cxamiucd and compared bv the County superintendent. •' i. . j Superintendent, and if the name of the same person be found upon more than one list, he shall strike said name from all lists except that of the district in which such person was residing in good faith on the tenth day of April aforesaid. The residence of an unmarried person of school age shall, in all cases, be held to be identical with the bona fide residence of the parent or guardian of such person; Provided^ That such parent or guardian be a resident of the State, If the County Superintend- ent find upon an}' census list the names of any persons who he believes were not residents in good faith of such district as aforesaid, he shall notify the Secretary certi- fying the list, and, if said Secretary shall not establish the correctness of the list within fifteen (15) days after such notification, such names shall be stricken from the list. At the time of taking the annual census, the Sec- retary shall use reasonable diligence to ascertain the number of blind and deaf mute persons resident in the district, between the ages of four (4) and twenty-two (22) years, with the name and post-office address of each. Additional statistics. Blind and deaf mutes. STATE OF COLORADO. 41 Said items shall be embodied in his annual report to the County Superintendent. Sec. s6. The Secretary shall keep an accurate ac- secretary's . ' . . duties. count of the expenses incurred by the district, and shall present the same to the Board whenever called upon. He shall give the required notice of all regular and Give notice. special meetings, as herein authorized. On or before the first day of August of each year he shall make out and file in the office of the County Superintendent a report of the affairs in his district. Said report shall be Annual repow. made upon blanks prepared by the Superintendent of Public Instruction containing such items of information as the said Superintendent shall require, including the following, viz: First — The number of persons, male and female, items. each, in his, district between the ages of six (6) and twenty-one (21) years. Second — The number of schools and the branches taught in each. Third — The number of pupils in each school. Fourth — The number of teachers employed in each school, and the compensation of each per month. Fifth — The number of days the school was taught during the year then past, and by whom. Sixth — The number of pupils enrolled during the year; the average daily attendance. Seveitth — The average cost of school per month for each pupil, based upon the total enrollment, and also the average cost based upon the average daily attendance. In estimating these averages, the Secretary shall take account of the teachers' wages, all current expenses, and six per cent, interest upon a fair valuation of all property- belonging to the district. 42 SCHOOL LAW OF THE Eighth — Text books used in each school. Ninth — The number of volumes in the library of each school. Tenth — The ao^gregate amount paid teachers during the year, and the average monthly pay of teachers. Eleventh — The number of public school-houses, and the estimated value of each. Twelfth — The amount raised by tax in the district during the year for school library. Thirteenth — The amount raised by subscription, or by other means than tax. Fourteenth — The amount of special tax levied for the support of schools, and for buildings, sites and fur- niture. Fifteenth — The amount of money on hand at the beginning of the year then past. Sixteenth — The amount of money received from all other sources than those herein specified. Forfeit for failure Sliould the Secretary fail to file his report, as above directed, he shall forfeit the sum of one hundred (loo) dollars, and shall make good all losses resulting to the district from such failure. Render state- Sec. 57. Thc Sccrctary shall render a statement of ment to board. , ... -__ , 1111 the condition oi the nuances, as shown by the books, at any time when required by the School Board, and his Books always books shall always be open for inspection. Duties of Sec. 58. It shall be the duty of the Treasurer to countersign all warrants drawn by the President and Secretary oh the County Treasurer, in favor of parties to whom the District has become lawfully indebted, and to keep an account of the same. He shall take charge of all moneys received by him on account of the Dis- trict from the County Treasurer, as provided in sections treasurer. STATE OF COLORADO. 43 ninety-one and ninety-two of this act, and pay out the same as therein provided. He shall render a statement of the finances of the District, as shown by the records of his office at the close of each school year, and at any other time when required by the Board. For a failure to perform any of the duties of his office when directed Penalty. by the Board, or for refusinj^ or neglecting to deliver to his legally qualified successor all moneys, books or other District property in his possession or care, within ten days after the same shall have been demanded by such successor, he shall be liable on his bond, and shall make good all loss resulting to the District from such failure or neglect. Sec. 59. No Superintendent or District Officer shall Neglect of juty - , . - , a misdemeanor. receive any compensation, who has neglected or refused to perform any duty required by law, and any District Officer so neglecting or refusing, when specially directed T^y a majority of the District Board, shall be deemed guilty of a misdemeanor, and it shall be deemed a viola- tion of law for any person to draw or sign a warrant for the payment of such delinquent officer, and any person so signing a warrant shall be liable in double the amount ■of such warrant. TEACHERS. Sec. 60. No District Board shall employ any person shaii not teach to teach in any of the public schools of the State, unless «rdficate. such person shall have a license to teach, issued from . the proper District, County or State authority, a&d in full force at the date of employment; and any teacher, who shall commence teaching in any such school with- out such license, shall forfeit all claim to compensation Forfeit. out of the school fund for the term so teaching without such license. And if a teacher's license shall expire by its own limitation within a term of employment, such Expiration of ■expiration shall not have the effect/ to stop the school, or to"torschooi. 44 SCHOOL LAW OF THE Not dismissed without cause. Report. Report to the secretary. Shall notify county superin- tendent of commencement and close. stop the teacher's pay; Provided. That a teacher whose certificate so expires, if the term of school for which such teacher is employed extends more than one month after such expiration, shall secure a new certificate, or a renewal of the old one held while the same is in force, And^ provided, further, That a certificate shall not be required of persons employed to teach either music, drawing, or modern languages only. No teacher shall be dismissed without good cause shown, and such teacher shall be entitled to receive pay for services rendered. Sec. 6i. It shall be the duty of the teacher of every public school in this State to keep, in a neat and busi- ness-like manner, a daily register in such form and upon such blanks as shall be prepared by the Superin- tendent of Public Instruction. At the close of each term of school, not to exceed four months, the teacher shall fill the summary in such register, and, in ungraded schools, file the register with the Secretary of the district, who shall preserve the same; in graded schools the register aforesaid shall be filed with the Principal or Superintendent of the district, in which case said Principal or Superintendent shall make an abstract of the summaries of all such registers upon blanks prepared by the Superintendent of Public In- struction, and file the same with the Secretary, which shall also be preserved. The Teacher, Principal or Superintendent, as the case may be, who is in charge of the last term of school in any school year, shall file with the Secretary a summary of the statistics tor the year, as shown by the summarized reports of all the terms during the year. The principal teacher of every public school, within one week after the beginning of each term, shall notify the County Superintendent of the date of such beginning and the proposed length of the term. Nothing in this section shall be construed to prohibit any district board from requiring teachers, principals STATE OF COLORADO. 45 and superintendents to keep any additional registers and records of statistics which such board may deem desira- ble. Until the registers, summaries and abstracts herein above described have been filed as aforesaid, it shall be Penalty. unlawful for the officers of any district to draw a war- rant for the last month's salary of any teacher, principal or superintendent whose duty it is to make and file such register, summary or abstract. All blanks required in the execution of this section shall be supplied by the Superintendent of Public Instruction to County Super- intendents, and by them to district secretaries. SPECIAL DISTRICT MEETINGS. Sec. 62. In any district of the third class, the Board Directors to of Directors may at any time call a special meeting of cfass^distHcts. the electors of such district, for any of the purposes specified in section sixty-two (62) [sixty-three] of this act, and it shall be their duty to call such meeting, if petitioned so to do by ten (10) legal voters of the dis- Ten voters may trict. Notices, specifying the time, place and object of ^odce" such meeting, shall be posted in three (3) public places, items. one of which shall be at the place of meeting, at least twenty (20) days prior to the time of holding such meet- Twenty days. ing. Sec. 63. The qualified electors of districts of the Powers of electors third class, when assembled at any regular or special meeting shall have power: First — To appoint a chairman and secretary in the items, absence of the regular officers. Second — To adjourn from time to time, as occasion may require. Third — To fix the site for each school-house, taking into consideration in doing so the wants and necessities of the people of each portion of the district. 46 SCHOOL LAW OF THE Foiij'tJi — To order such tax on taxable property of the district as the meetinor shall deem sufficient for any of the following- purposes: To pay teachers; to purchase or lease a suitable site for a school-house or school-houses; to build, rent or purchase a school-house or school- houses and to keep in repair and furnish the same with the necessary fuel and appendages; for procuring libra- ries for the schools, books and stationery for the use of the Board and District meetings, and to defray all other contingent expenses of the district. Fifth — To direct the sale or other disposition to be made of any school-house, or the site thereof, and of such other property, real or personal, as may belong to the district, and to direct the manner in which the pro- ceeds arising therefrom shall be applied. Sixth — To transact generally such business as may tend to promote the cause of education, in accordance with the provisions of this act. Seventh — To adopt any rales of order for the govern- ment of district meetings not incompatible with the provisions of this act, and to alter and change the same from time to time, as occasion may require. County Sec. 64. The County Commissioners shall, at the sS"ievy°"a"es. time of Icvyiug the tax for county purposes, cause to be levied a tax for the support of schools within the county, of not less than two (2) mills on the dollar, and not more Two to five than five (5) mills on the dollar, of the assessed value of mills. , . , . , all the taxable propercy, real and personal, withm the county, which tax shall be collected by the County Treasurer Trcasurcr at the same time, and in the same manner, as shall collect. ' _ ' State and county taxes are collected, except that it shall be receivable only in cash. County clerk Sec. 6s. No Couuty Clcrk, or other person, who must lew with ^ orwithout shall make out the tax-list or assessment roll of any order of commissioners, couuty, shall omit or neglect to levy said tax of two (2)- STATE OF COLORADO. 47 mills, as aforesaid, by reason of the omission of the Board of County Commissioners to pass a resolution for that purpose. Failure to levy a tax of at least two (3) mills, as above specified, shall be deemed a violation of the law, and the person or persons through whose neg- lect or refusal the failure so to levy shall occur, shall forfeit the sum of one hundred (100) dollars each, and Forfeit for failure be liable for all damages resulting from such neglect or failure. Sec. 66. The County Treasurer shall, on or before cou„ty treasurer the first day of January, April, July and October of eachcXted^"""' year, certify the amount of said tax which shall have tendent quarterly been collected, and the amount of any other county school money then in the County Treasury, to the County Superintendent, and shall render him a state- ment of the amount uncollected. The amount unpaid shall be collected at any subsequent time as delinquent Delinquent -^ _ ^ taxes. taxes are collected, and shall be certified to the County Superintendent, as aforesaid. Should the Treasurer fail at any time to pay over the tax, as herein provided, he shall forfeit the sum of one hundred (100) dollars, and Fo'"f'=''^^"<^ ^ ' ' damage. double damages, to be collected on his official bond; suit to be brought by the County Superintendent, for the benefit of his County [School Fund]. Sec. 67. On or before the day designated by law for the Commissioners of each county to levy the requisite taxes for the then ensuing year, the School Board in school boards each District shall certify to the County Commissioners, the number of mills per dollar which it is necessary to levy on the taxable property of the District, to raise a special fund for any of the purposes specified in section fifty-one of this chapter, and the County Commissioners shall cause the same to be levied at the same time that other taxes are levied, and the amount of such special tax which shall be assessed to each taxpayer of such District shall be placed in a separate column of the tax to county I commissioners. 48 SCHOOL LAW OF THE book, which shall be headed "Special School Tax;" Fifteen mills tax /a^^jy^-^^^ That a School Board of a District of the third by districts of ' the third class, class shall not certify, as above, to a hig-her rate than Separate column fifteen mills pcr dollar. There shall also be a column in for each district. -^ said tax-book in which shall be designated the number of the School District in which the property is listed. This tax shall be collected in cash only, and placed to the credit of the proper District as fast as collected, and the amount placed to the credit of each District shall be reported to the Secretary of such District at the end of every month, and shall be subject to the order of the Duties of the Distrlct Board. It is hereby made the duty of the assessor and county treasurer. County Asscssor and County Treasurer to so arrange their tax schedules and books as to conform to the above Where prop- provislous; Pvovided^ That the County Assessor shall erty is listed. . ,, , , , - , . , list all property, both real and personal, in the School District in which the same may be on the first day of May; And^ provided^ fiu'ther^ That the Board of any District may order the levy of not to exceed one-tenth of one mill, the proceeds of which shall be used exclu- Libr.ry tax. sivcly ill the purcliasc of books for a library, to be open to the public, under such rules as the District Board may deem needful for the proper care of the said library. County treasurer Sec. 68. It shall bc thc duty of thc Couuty Treas- to keep an , , . , , account with urcr to opeu and keep separate accounts with each School District in his couuty, and hold the funds of each District, subject to the legal warrants of the President, as provided by section fifty-three of this chapter. If the legal warrant of any School District in his county be presented to the County Treasurer when there are no funds in his hands to the credit of the District Fund against which the warrant is drawn, he shall endorse such warrant "No Funds," and said warrant shall draw interest from the date of such endorsement at the same rate as county warrants in like condition. The Treas- urer shall keep a list of all warrants so endorsed, and each district. STATE OF COLORADO. 49 shall pay them whenever there is sufficient money to the credit of the proper fund in the order of such endorsement. The interest on such warrants shall stop when the Treasurer shall give notice that he has funds to pay the same; Provided^ It shall not be lawful for the officers of any District to issue warrants at any time in an amount in excess of the tax levy for the current year. PENAL FUND. Sec. 69. All fines, penalties and forfeitures provided Fines under this by this act may be recovered by action of debt, in the name of The People of the State of Colorado, for the use of the proper School District or county, and shall, when they accrue, belong to the respective Districts, or counties, in which the same may have been incurred; and the County Treasurers, for their counties, are hereby authorized to receive and cause to be placed to the proper credit such forfeitures. Except as otherwise provided by law, all sums of money derived from fines imposed for violation of ot^ders of injunction, mandamus and other like writs, or for contempt of court, shall be paid Contempt of into the school fund of the county wherein the contempt or such violation was committed; and the clear proceeds P^nai fines. of all fines collected within the several counties of the State for breach of the penal laws, and all funds arising from the sale of lost goods and estrays shall be paid Astray. over in cash by the person collecting the same, within twenty (20) days after the collection, to the County Treasurer of the county in which the same have accrued, and shall be by him credited to the general county school fund. He shall indicate in such entry the source from which such money was derived. Any officer, or person, collecting or receiving any such fines, forfeitures or other moneys, and refusing and [or] failing to pay over the same, as required bylaw, shall forfeit double the amount Forfeiture for so withheld, and interest thereon at the rate of five (5) over!^^ '° ^"^ 50 SCHOOL LAW OF THE per cent, per month during the time of so withholding fende'/tto'iook" ^^^ Same; and it shall be a special duty of the County after fines, etc. Superintendent of Schools to supervise and see that the provisions of this section are fully complied with, and report thereon to the County Commissioners semi-annu- ally, or oftener, if required by them. Reconsideration, Sec. 70. It shall uot bc lawful for SL district or a dis- trict board to reconsider the question of the levy of a special tax after the same has been certified to the County Commissioners, nor shall said Commissioners be charged with any discretion in the matter of such levy further than to ascertain if the law has been obeyed. ^o^beSfoT'' Sec. 71. It shall be illegal for any school board to '"^ appropriate or cause to be used any money belonging to the general school fund, for the purpose of building, furnishing or erecting additions to any school-house, or for the purchase or improvement of any school-house, Balance after ten site or loti Provided, That if any portion of the afore- months school. , , -^ •"■ said School Fund remains to the credit of any district after the payment of all expenses necessary to the sup- port of a public school for a period of ten months in any one year, in said district, it shall be lawful for the Dis- trict Board to use such balance for any of the purposes provided for in section fifty-one of this chapter. APPORTIONMENT OF SCHOOL FUND. apportionment. Sec. ^2. lu apportioning thc General Fund, as directed in section nineteen of this chapter, the County Superintendent shall base the July apportionment, in each year, on the census lists and reports of the secre- taries of the several districts for the school year next preceding, and he shall base all apportionments oii said lists and reports for a period of one year, except in the case of the apportionment to new districts, as provided in section thirty-two of this chapter. STATE OF COLORADO. 51 Sec. ix. The County Superintendent shall ap per- Apportioned ' ^ _ •' ^ J- J- according to tion the funds aforesaid among the districts entitled to""="^- the same, according to the number of persons of school age, as shown by the census lists and reports of the sev- eral districts for the school year immediately preceding, as provided in section seventy-two. Sec. 74. Whenever a District Secretary fails to file Forfeiture referred to state his annual report and census list with the County Super- superintendent. intendent, according to law, thereby rendering it impos- sible for the said Superintendent to apportion to such district any part of the General Fund for the ensuing year, if it can be shown to the satisfaction of the Super- intendent of Public Instruction that such report and census list were prepared and reasonable diligence used to place the same in the hands of the County Superin- tendent, and that such report and census list failed to reach said Superintendent by reason of some accident or extraordinary occurrence; and if it be further shown that a public school was maintained in such District for not less than the minimum time required by the State Constitution; and if it be also shown that dupli- cates of the missing papers have been placed in the hands of the County Superintendent, or in his office, then the Superintendent of Public Instruction shall direct the County Superintendent to apportion to such District \is per capita share of the General Fund distrib- uted during the remainder of the year, as provided in section seventy- two. Sec. 75. Any school district failing to maintain a no district en- 11*11 1 1 1 r- tided to money public school at least three months of anv school vear, unless it has a - - ' school at least shall not be entitled to receive any portion of the school ^.''''y ^^P- h°ii- -^ •'- days included. fund for that year. 52 SCHOOL LAW OP THE SCHOOLS. Public school. Sec. 76. A public school is hereby defined to be a school that derives its support entirely, or in part, from moneys raised by a general State, county or district tax. o"e^n'foriir°'^ Sec. ']']. Every public school, except high schools, ^hl'a'^esore'^""^^^^^^ be open for the admission of all children between and 21 years. ^^ ^gcs of six (6) aud twcnty-oue (21) years residing in that school district during at least four school months in each year, and the school board shall have power to admit adults, and children not residing in the district, if they see fit so to do, and to fix the terms of such admission. School taught in the English language. German and Spanish taught by request. School year. Month. Day. Sec. 78. The public schools of this State shall be taught in the English language, and the school boards shall provide to have taught in such schools the branches specified in section fifteen of said chapter, and such other branches of learning in [and] other languages as they may deem expedient, including hygiene with special ref- erence to the effects of alcoholic stimulants and narcotics upon the human body; and whenever the parents or guardians of twenty or more children of school age shall so demand, the Board of such School District may pro- cure efficient instructors and introduce the German and Spanish languages, or either of them, and gymnastics, as a branch of study into such school; and said District Board may, upon like demand of the parents and guar- dians of children of school age, procure efficient instruc- tors to teach the branches specified in said section fifteen, in the German and Spanish languages, or in either of such languages as said Board may direct. Sec. 79. The school year shall begin on the first day of July and end on the thirtieth day of June. A school month shall be four weeks, a school week five days, and a school day shall not exceed six hours, ex- cluding the time of intermission at noon. The term STATE OF COLORADO. 53 *' National Holidays," in this chapter, shall be con- Legal holidays. strued to mean Thanksgiving Day, Christmas Day, New Year's Day, Washington's Birthday, Decoration Day, Labor Day and the Fourth day of July. Sec. 8o. A school census is hereby defined to be a school census, census embracing all persons between the ages of six and twenty-one years. School age is hereby defined to school age. be any age over six and under twenty-one years. teachers' normal institutes. Sec. 8i. For the purpose of organizing and main- taining Teachers' Normal Institutes, the State shall be divided into the following Institute Districts,- viz: The counties of Larimer, Boulder, Weld, Logan, Washing- institute ton, Routt and Grand to constitute Normal District No. one (i). The counties of x-\rapahoe, Jefferson, Gilpin, Clear Creek, Douglas and Elbert to constitute Normal District No. two (2). The counties of El Paso, Pueblo, Fremont, Custer, Huerfano, Las Animas and Bent to constitute Normal District No. three (3). The counties of Lake, Park, Chaffee, Summit, Garfield, Pitkin and Eagle to constitute Normal District No. four (4). The counties of Gunnison, Ouray, Hinsdale, ^Montrose, Delta, Mesa and San Miguel to constitute Normal District No. five (5). The counties of Saguache, Rio Grande, Conejos, Costilla, Archuleta, La Plata, San Juan and Dolores to constitute Normal jDistrict No. six (6); Pro- vided^ That new counties formed within the limits of any Institute District shall be a part of said district. A Normal Institute for the instruction of teachers and institute hew those desiring to teach may be held annually, for a ^o weels^" term of not less than two weeks in each Normal Dis- ^"°"^ ^ trict of the State. The County Superintendents of each Institute District shall annually select three of their number as an executive committee, who, with the Executive advice and consent of the iSuperintendent of Public '^°"°""^^" 54 SCHOOL LAW OF THP: Instruction, shall determine the time and place of hold- ing such Normal Institute, and shall select a conductor Expenses, how aud iustructors for the same. To defray the expenses of said Institute, the executive committee shall require Registration fee. the payment of one dollar registration fee for each per- son attending the Normal Institute, and each County Superintendent is hereby authorized to add five per cent, to the average standing in examination of teachers who shall attend the Normal Institute from his county. When a Normal Institute of not less than two weeks is held in any Institute District of the State, the executive committee in charge shall certify to the Boards of County Commissioners of the several counties within the district the number and names of the persons attending said Institute from their respective counties, and it shall be the duty of the Board of County Com- missioners of the county where such persons belong, to appropriate the sum of one dollar for each person so certified. The funds arising from registration fees and appropriations of County Commissioners shall be desig- nated the "Normal Institute Fund," and some County Treasurer, whom a majority of the County Superin- tendents of the district shall designate, shall be the custodian of said fund. The executive committee shall, at the close of each Institute, transmit to said custodian all funds received by it, as provided in this section^ together with the name of each person paying a regis- tration fee. The executive committee shall also report to the several Boards of County Commissioners in the district, the name and address of the custodian of the "Normal Institute Fund." On the receipt of- such notice the several Boards of County Commissioners shall issue warrants for the appropriations provided in this section, payable to the said custodian. It shall be the duty of the Superintendent of Public Instruction, annually, when the executive committee of any Normal Appropriation by counties. Custodian of fund. State aid. STATE OF COLORADO. 55 Institute District shall certify that not less than twenty persons have paid the registration fee, and have received instruction durino- the session of the Institute, to certify the same to the Auditor of State, who shall forward to the custodian of the "Normal Institute Fund" of such district a warrant on the State Treasurer for the sum of fifty dollars, to be paid out of any money appropriated for that purpose. All disbursements of the "Normal Institute Fund" shall be upon the order of the execu- tive committee, and no order shall be drawn on said fund except for claims approved by said committee for services rendered and expenses incurred in connection with the Normal Institute. It shall be unlawful to pay any one from the Institute Fund for services as conductor conductors and f. . . ,- ^,, instructors. or instructor oi such institute, who does not hold a certificate of qualification for such work, issued by the State Board of Education, upon the recommendation of the State Board of Examiners. APPEALS. Sec. 82. Any person aggrieved by any decision or Made within order of the District Board of Directors, in matter of ' '"^ ^^^' law or fact, may, within thirty days after the rendition of such decision, or making of such order, appeal there- to county from to the County Superintendent of the proper county, ''''p^""'^" Sec. 83. The basis of the proceeding shall be an By affidavit. affidavit, filed by the party aggrieved, with the County Superintendent, within the time for taking the appeal. Sec. 84. The affidavit shall set forth the errors com- set forth errors. plained of, in a plain and concise manner. Sec. 8";. The County Superintendent shall, within Notify secretary ^ -^ '■ ' within five days five days after the filing of such affidavit in his office, notify the secretary of the proper district, in writing, of the taking of such appeal, and the latter shall, within ten days after being thus notified, file in the office of the 56 SCHOOL LAW OF THE Transcript filed Countv Superintendent a Complete transcript of the rec- within ten days. ^ _ ^ '■ '- ord and proceedings relating to the decision complained of, which shall be certified to be correct by the secretary. Notify all parties Sec. 86. After the filing of the transcript, a.forcsaid, in his office, he shall notify, in writing, all persons adversely interested, of the time and place where the matter of the appeal will be heard by him. Hear testimony Sec. 8?. At tlic timc thus fixcd for hearing, he shall and make ' _ decisions. hcar testimony for either party, and for that purpose may administer oaths, if necessary, and he shall make such decision as may be just and equitable, which shall be final, unless appealed from, as hereinafter provided. Any persons Sec. 88. Any pevsoii or d/s^r/c^ ^(^^ro' aggrieved bv aggrieved by any ,•• 1r1/-^ <-> • i order of county auv dccisiou or ordcr oi the Lountv buperintendent, in superintendent ■' . . ' . may appeal. matter of law or fact, may, within thirty days after the rendition of such decision or' making of such order, appeal therefrom to the State Board of Education, in the same manner as provided in this act for taking appeals from the District Board to the County Superin- in caseof appeal, tendent, as nearly as applicable. In case of an appeal, state board shall . , , , T , , ^ ^ ^ ^ • . examine tran- whcrc a trial has bccu had before the County Superin- script of proceed- ings and decide tendent and a decision rendered, the State Board shall examine a transcript of such proceeding and render a decision therefrom, but no new testimony shall be ad- other cases of tiiitted. Ill othcr cases of appeal the board may require R^q^uire papers ^^ ^lic partlcs sucli papcrs and documents as may be and documents. tj^Q^ight ucccssary, aud the board shall have power to Administer oath, admiiiistcr oaths through its president. The decision of wd'sha°/be the board, or a majority of said board, shall be rendered by the president, and such decision, when made, shall be Applicant for final. Whcu au applicant for a certificate at a regular aggrieved. ' examiuatiou shall feel aggrieved at the decision of the May appeal. County Superintendent, and shall appeal to the State Questions and Board, tlic qucstioiis used and the answers given shall be examined. examined by the board, and if the decision of the County STATE OF COLORADO. 57 SuDerintendent be reversed, the State Board shall issue Decision •^ reversed . to the apDellant a certificate of such grade as the answers state board shaii issue a certificate shall warrant; Provided, That a good moral character and success as a teacher be shown. Sec. 8q. Nothing in this act shall be so construed no judgment for *" money rendered. as to authorize either the County Superintendent or the State Board to render a judgment for money; neither shall they be allowed any other compensation than is allowed by law. All necessary postage must first be paid by the party aggrieved. SCHOOL DISTRICT BONDS. Sec. qo. On the petition of twenty legal voters of Notice given on . ^ . petition of any school District, the Secretary of said district shall '^<^"'y ^o'^'^s. give notice, not less than twenty days before any regular vote may be • 1 • 111 1 1 •• r 1 • t'l'^^n at any •or special meeting held under the provisions of this regular or . . special meeting. chapter, that the question of contracting a bonded debt for the purpose of erecting and furnishing school build- ings, or purchasing ground, or for funding floating debts, None are voters ■111 1- 1 i-ri <-ii'. except such as Will be submitted to such qualmed voters of the district i^^ve paid school as have paid a school tax therein m the year next pre- ceding the said meeting; Provided^ That it shall be lawful for districts of the first and second class to hold special meetings for this purpose, in the same manner as is provided in this chapter for districts of the third class. Any person offering to vote may be challenged by any legally qualified elector of the district, and any one of the judges of election shall thereupon administer the person challenged an oath, as follows: "You do swear oath. {or affirm) that you are a citizen of the United States, ■or that you have declared your intention to become such; that you have resided in the State of Colorado six months immediately preceding this election; that you are twenty-one years of age; that you have resided in this ■district thirty days next preceding this election; and that you have paid a school tax within this School District 58 SCHOOL LAW OF THE Not to exceed 35'2 per cent, of valuation. Vote by ballot. Interest not to exceed eight per cent. Redeemable at pleasure of district. Payable at county treas- urer's office or in New York. Registered in county record- er's office. County com- missioners levy all bond taxes. during the past year, and that yon have not voted at this election, so help you God (or under the pains and pen- alties of perjury)." If he shall refuse to take such oath or affirmation, his vote shall be rejected. The electors aforesaid shall first agree, by a majority vote, on the amount of indebtedness to be created, if any (but in no case shall the aggregate amount of bonded indebtedness of any School District exceed three and one-half per cent, of the assessed value of the property of such dis- trict), and shall then proceed to vote by ballot "For the bonds," or "Against the bonds," and the ballot box for this purpose shall be kept open, as provided in section forty-four (44) of this act; and if it appear that a majority of all the votes cast are "For the bonds," the Board of Directors, as soon as practicable, shall issue coupon bonds of the district, bearing interest not exceeding eight per cent, per annum, payable semi-annually, and redeemable at the pleasure of the district, after five years, and payable fifteen years from date, the principal and interest payable at the office of the Treasurer of the county in which the said district may be situated, or the interest may be made payable in the City of New York, at the option of the holders thereof, and the can- celled coupons shall be at the disposal of the District Board. Sec. 91. Whenever any School District shall issue bonds under the provisions of this act, all such bonds shall, previous to being negotiable, be presented to the Recorder of the county, to be duly registered by him in a book kept for that purpose in his office, noting the School District, amount, time of payment and rate of interest, and all such bonds shall state on their face that they are issued under the provisions of this act. Sec. 92. Whenever any School District shall issue bonds under the provisions of this act, it shall be the duty of the Board of Commissioners of the county in STATE OF COLOEADO. 59 which said district may be situated, to levy and assess a special tax on all the taxable property of such district in amount sufficient to pay the interest coupons thereon, when the same shall become due accordino^ to their tenor and effect, and the County Treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him; and if there shall be any surplus after paying [the cou- sm-pius to go pons and] the expenses of collecting such special tax, the Treasurer, shall, without delay, pass the same to the credit of such school district, and such fund so passed to the credit of the district shall be subject to the dis- posal of the Board of Directors. And after the expira- tion of five years next after the issue of such bonds, and annually thereafter until the full payment of said bonds, the County Commissioners shall provide by taxation, and shall collect at least ten per centum and not more than twenty per centum of the principal of such bonds. Taxes for which amount shall be assessed and collected the same ^""'^'p^ ' as the tax for the payment of the interest coupons, and when collected shall be turned .over to the Treasurer, of such School District, such money to be used only in the payment of such bonds, in manner as follows: The Treasurer of such School District, immediately after Manner of receiving the money as aforesaid, shall advertise in some newspaper published in his count}^, if there be any, for four successive weeks, that, on a certain day named in the advertisement, he will pay certain of the District bonds, said bonds to be described in the advertisement by number and amount, and the advertisement shall further state that after the day so fixed for payment the interest on the bonds described as aforesaid shall cease and determine. The said payment shall be made in At county treas- 1 rr 1-1 r /T>. urer's office. the omce and m the presence of the Treasurer of the county, who shall cancel the bonds redeemed, and a minute of such cancellation shall be made on the books 60 SCHOOL LAW OF THE of the County Recorder, after which they shall be at the disposal of the District Board. The provisions of Bonds issued i]^[q scction for levying- and collectino- taxes, and for the under territorial ^ o .•~. i laws. payment of interest coupons, shall be applicable to all School Districts that have issued bonds under the pro- visions of the laws of the Territory of Colorado. Manner of Sec. 93. lu all Dlstricts that have issued bonds redeeming bonds - . . r 1 1 r 1 ata • r /-a 1 issued under uudcr the provisious 01 the laws of the Territory of Col- territorial laws. .,-_. -,... ,., orado, the Treasurer of the District, immediately after receiving the annual installment of the fund for the redemption of said bonds, as provided in section ninety- one (91) [ninety-two], shall go into the market, and, at the lowest price for which he can obtain such bonds, shall use such fund in the retiring of such bonds to the Shall not pay extcut of such fuud; Provided. That the said Treasurer over nve per ' ' cent, premium, shall not pay morc than five per cent, premium on any bonds of his District, and any balance of said funds Invest balance remaining in the hands of said Treasurer shall be in- 'b"o^d"s"^'^ ^'^'* vested, as nearly as possible, in United States bonds or State bonds of Colorado. Sec. 94. All United States or State bonds, which may come into the hands of any District Treasurer, under the provisions of this act, shall be duly recorded in the books of the District and deposited in the safety. Bonds deposited vault of some bank within the State, selected by the in some bank. . . . f.^. . -.-,', District Board. The interest coupons of said bonds shall be duly collected by the District Treasurer, and the proceeds turned over to the County Treasurer, to be Interest uscd iu the payment of the interest coupons of the bonds appropriated. - ., . . of such District, and the annual tax for the payment of the interest on said District bonds shall be proportion- Bonds sold, ately lessened. Said United States or State bonds shall be sold by the District Board at the best market rates, and the proceeds thereof used to redeem the bonds of the District, when the same become due, or when they can be bought at not to exceed five per cent, premium. STATE OF COLORADO. 61 Sec. qS- No change in the boundary lines of such No change in , . boundary lines School District shall release the taxable real estate of '^leases any property from the District from assessment and levy of taxes to pay *^°" -' diploma or certificate authorized by this act. Trustees to Sec. i^ Thc trustces of Said Normal School shall receive I5 _ "-^ per day. bc entitled to receive five dollars per day and their nec- essary traveling expenses, when actually employed in the performance of their duties as such trustees. Trustees have power to receive, Sec. 14. The board of trustees of the said Normal hoid^money School shall havc power to receive, demand and hold for or property. ^^^ ^^^^^ ^^^ purposcs of Said school such money, lands or other property as may be donated or devised for or Apply the same. thej-ej-Q^ and to apply the same, within the powers con- ferred by law, in such manner as shall best subserve the interests and objects of said Normal School. Funds and revenues for Sec. 15. The funds and revenues for the establish- and mamTen" nee n^^i^t aud maintenance of said Normal School, for the be ^appropriated, payment of its officcrs, teachers and employes, and for all purposes incident thereto or necessary for the proper founding, continuance and successful conduct thereof, shall be appropriated and apportioned in such manner as the General Assembly shall by law provide. Trustees shall Sec. i6. Thc trustccs of the State Normal School file a report by August I each shall makc and file with the State Board of Education, year. ' on or before the first day of August in each year, a re- port of the affairs and conduct of said Normal School Annual report durlug tlic ycar last preceding such report. Said annual made upon o ./ 01 blanks prepared rcDort sliall bc madc upon blanks prepared by the Sup- by superintend- ^ ' x x j 1. ent of public erintendent of Public Instruction, and shall include the instruction. following, viz: Number of J^z'rs^ — Thc uumber of studcuts enrolled during the students, age, _ ^ '^ sex, etc. preceding year, their sex, age, residence and place of birth. Attendance. Secoiid — Thc atteudaucc each day; the average at- tendance for each week and term, and during the year; the number of days the school was taught in the year. STATE OF COLOllADO. 75 Third — The full curriculum of instructiou in said Curriculum of . ,, . , , , /- 1 instruction. school; the classification and departments thereof; the branches taught; time devoted to each; text books and apparatus in use; number of books in the library; re- quirements for admissions and graduation, with dates and requirements for examinations. Fotirth — The number of students in each department Number of students in each and class; number of diplomas granted, and to whom; ^e^p^"™^"' and number, names and residence of graduates; number of suspensions and expulsions, and cause of same. Fifth — The names and number of teachers in each ^ames and numt- •' _ ber of teachers. class and department; length of time each has been employed, and salary paid to each. Sixth — Names, individual employment and number Names of ■*- _ employes and of all other employes in and about the school, with rate ^^^s^s paid each, and amount of wages paid to each. Seventh — A full financial statement, classified and Financial state, ' ment classified itemized, of the business department of the school and ^"d itemized, corporation, covering receipts and expenditures from and by all sources, and in such form as to show the average cost of the school per month for each pupil, and in gross for the year; cash on hand or deficit at the beginning and end of year. Eighth — An estimate of necessary expenditures, ordi- Estimate of ex- ^ -J '■ • penditures for nary and special, for the next ensuing year. next ensuing yeair Ninth — Such other particulars as the said board of education may require, necessary to a fair and complete showing and fair understanding of all the affairs of said Normal School. Said report shall be signed by the president and sec- Report shaii be retary of the said board of trustees, and verified by thede^nt!'^ ypresi- oath of one or more of their number. Verified by oath. Sec. 17. There is hereby appropriated, out of any ^20,000 appro- . ,1 . . , - , . , priated for the moneys not otherwise appropriated, belonging to the completion and 76 SCHOOL LAW OF THE furnishing of greneral fund, the sum of twenty thousand (20,000) dol- school Duildings. o ' -' \ i / lars, ten thousand (10,000) dollars for the completion of the school building and ten thousand (10,000) dollars for the purpose of furnishing the said Normal School build- ing hereinbefore provided for, and for the purpose of Proviso. carrying on the said school during the year 1890; Pro- vided^ That said appropriation shall not be available until the site mentioned in section one of this act shall have been donated, as therein provided, and shall be drawn only upon the order of the board of trustees of the State Normal School, approved by the State Board of Education. BLANK FORMS FOR THE USE OF School Officers and Teachers, NO. I. — FORM OF OATH OF SCHOOL OFFICERS. (See Sections 13, 22 and 47.) State of Colorado, County of . . . . } I, , do solemnly swear (or affirm) that I will faithfully perform the duties of of School District No. . . . , in the County of . . . . , to the best of my skill and ability; and that I will carefully keep and preserve all records, books and other property of the said district that may come into my hands, and deliver the same to my lawful successor in office; and, further, that I will support the Constitution of the United States, and the Constitution of this State, and the Laws of this State, made in pursuance thereof; .so help me God. C ... D .... , [seal] Subscribed and sworn to before me this day of , 188 . E. . . F. . . . Remarks. — The foregoing oath should be taken before a County Superintendent, Notary Public, Justice of the Peace, or some officer duly authorized by law to administer oaths; and the County Superintendent's oath should be filed with the County Clerk within thirty days after his election, and the oath of District Officers should be filed with the County Superintendents within thirty days after their election. 78 BLANK FORMS FOR THE USE OF NO. 2. — FORM OF COUNTY SUPERINTENDENT'S BOND. (See Section 13.) Knoiv all Men by these Presents^ That we, A . . B . . . , C . . . D . . . , and E . . . F . . . , of the County of , and State of Colorado, are held and firmly bound unto The People of the State of Colorado, in the full and just sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. /// Witness Whereof^ We have hereunto set our hands and seals this .... day of . . . . , A. D. , i88 . . The condition of the foregoing obligation is snch^ That, Whereas, the above bounden A ... B ... . was, on the . . day of , A. D. , i88 . . , duly elected (or appointed, if that be the case) County Super- intendent of Schools of the county aforesaid, for the term of ; Now^ Therefore^ If the said A . . . B . . . shall faithfully perform all the duties of said office according to the laws which now are, or may hereafter be in force, and shall render a just and true account of all money or other property which may come into his hands or under his control as Superintendent of the Schools of said county, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as such County Superintendent, then this obligation shall be void; otherwise it shall remain in full force. A . . . B . C . . . D . E. . . F. Signed, sealed and delivered in the presence of L . . . M O . . . P seal] seal] seal] Remarks. — The penal sum named in the bond is to be fixed by the Board of County Commissioners, but in no case shall the sum be less than $2,000. SCHOOL OFFICERS AND TEACHERS. 79 NO. 3. — FORM OF A PETITION OF PARENTS AND GUAR- DIANS WHO DESIRE TO FORM A NEW DISTRICT FROM PARTS OF ONE OR MORE OLD ONES. (See Section 27.) To County Superintendent of Schools, , County: We, the undersigned, residents of district (or districts) No. . . , respectfully represent that we desire to form a new district, with boundaries as follows, viz: [Here describe the proposed bounds, following government lines as far as practicable.] We further declare that, collectively, we are the parents or guardians of at least ten children of school age, and we hereby certify that the list of names of persons of school age which is at- tached to and made a part of this petition, is a correct list of all such persons residing in the proposed district. NAME. NAME. 80 BLANK FORMS FOR THE USE OF NAMES OF PERSONS OF SCHOOL AGE. Remarks. — Give post-office address of some or all signers. The list of children should be carefully filled up by some person interested in the change before the paper is circulated for signatures. NO. 4. — FORM OF ORDER DIRECTING A PETITIONER TO GIVE NOTICE OF THE FORMATION OF A NEW DISTRICT. (See Section 27.) Office of "j County Superintendent of Schools, > County, Colorado. j To C D : You are hereby notified that I have received a petition signed by yourself and others, informing me that you desire to form a new School District of the territory described as follows, to- wit: \^Descriptio7i as above.'\ In order that the wishes of the residents of said proposed SCHOOL OFFICEKS AND TEACHERS. 81 district may be ascertained, you will please notify, by personal service as far as convenient, each elector resid- ing -therein, and also post notices in three public places (one of which shall be the place of meeting) that_ such a petition has been made, and that a meeting will be held, naming the time and place of such meeting, to determine whether such district shall be formed. You will, also, please notify me by mail of the time and place of such meeting. Respectfully yours, County Superintendent. Remarks. — In the formation of a new district, every step should be strictly in accordance with the law. The notices posted should contain a clear description of the proposed district. NO. 5. — FORM OF NOTICE FOR A MEETING TO ORGAN- IZE A NEW DISTRICT. SCHOOIv DISTRICT MEETING. To all whom it may concern: Whereas, It is proposed to organize a new school district of that part of county, described as follows, to wit: \_Description.^ Notice is hereby given, as per direction of the County Superintendent of Public Schools of said county, that a meeting of the electors residing within the boundaries aforesaid will be held at on the . . day of . . . . , A. D. 188 . . , at . . o'clock . . M. , when a vote will be taken by ballot, on the question whether or not the proposed district shall be organized. If the vote shall be in the affirmative, a Board of Directors will then be elected. 82 BLANK FORMS FOR THE USE OF By order of , County Super- intendent of Schools. C . . . D Dated , i88 . . Remarks. — After the organization, a copy of the notice and of the proceedings of the meeting should be sent to the County Superintendent. The ballot box should be kept open long enough to give every elector an opportunity to vote — never less than three hours. If the proceedings were in accordance with the law, the County Superintendent should number and record the district, and notify the Secretary of his action. NO. 6. — FORM OF BOND TO BE GIVEN BY THE SECRETARY OR TREASURER OF EACH SCHOOL DISTRICT. (See section 47.) State of Colorado, h ss County of Know all men by these presents^ That we, A . . . . B . . . , principal, and C . . . D . . . and E . . . . F . . . . , sureties, are held and firmly bound unto School District No. . . , in the county of , State of Colorado, in the full sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. In Witness Whereof^ We have hereunto set our hands and seals this . . . day of . . . . , A. D. i88 . . TJie condition of the foregoing obligations is such, That, Whereas, the above bounden A . . . . B . . . . was, on the day of , A. D. i88 . . , SCHOOL OFFICERS AND TEACHEES. 83 duly elected (or appointed) Secretary (or Treasurer) of School District No . . , in the county of , and State of Colorado, for the term of Nozu, therefore^ If the said A . . . B . . . shall faithfully discharge all the duties of said office, accord- in®; to the laws which now are, or which may hereafter be in force, and shall faithfully apply all moneys which may come into his hands by virtue of said office, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as said officer, within ten days after the same shall have been demanded by such successor, then this obligation shall be void; otherwise it shall remain in full force. '^SEAL SEAL SEAL A . . . B C. . . D E. . . F Signed, sealed and delivered in presence of L . . . M X . . . Y Remarks. — The penal sum named in the above bond should be at least twice the amount likely to be in the hands of the officer at any one time during his term of office. The bond must be filed with the County Superin- tendent. NO. 7. — FORM. OF REQUEST TO BE MADE BY TEN I.EGAL VOTERS OF A DISTRICT, TO THE BOARD OF DIRECTORS, FOR THE CALLING OF A SPECIAL MEETING. (See Section 62.) To the Board of Directors of School District No . . , in County^ Colorado: The undersigned, legal voters of School District No. . . , in county, Colorado, request you to 84 BLANK FORMS FOR THE USE OF call a special meeting of said District for the purpose of Dated this dav of A C E G L O Q S u w . . . . , A. D. i88 . . . B . . . D . . . F . . . H . . . , , . . . M . . . P . . . R . . . T . . . V . . . X NO. 8. — FORM OF NOTICE OF .SPECIAL MEETING. (See Sections 62 and 63.) Notice. — A special meeting of the legal voters of School District No . . , in the County of , called on the written request of ten legal voters (or called by the District Board, as the case may be), will be held at (the District School House or other place) on the . . day of , i88 . , at . . o'clock (p. m.), for the purpose of (here specify every item of business that is to be brought before the meeting). A B Secretary. Posted Remarks. — This notice must be given at least twenty days previous to the meeting, and a copy should be posted up in three different public places within the District, and a copy furnished to the teachers of each, school in the District, to be read once in the presence of the pupils. Business not specified in this notice can never be law- fully transacted at such special meeting. SCHOOL OFFICERS AND TEACHERS. 85 :nO. 9. — FORM OF NOTICE OF ANNUAL MEETING. ( See Section 44.) Notice is hereby giveii^ That the annual meeting of the legal voters of School District No. . . . , in the county of . . . . . , will be held (at the school-house or other place) on Monday, the day of May, 188 .. , for the purpose of electing (one or more) Direct- ors, as provided by law. The ballot-box will be opened at the hour of . . . .. . M. , and close at the hour of m. , and at m. the meeting will be organized for the transaction of any other business pertaining to school interests that may be brought before it. Secretary School DistT-ict No. . . , County of Posted April . . . . , i88 . . Remarks. — The Secretary of the district should give at least six days' previous notice of the regular meetings of the district (see section 44), and should post the notices and furnish a copy to the teachers in the same manner as for special meetings. NO. 10. — form for recording proceedings of a MEETING HEIvD For THE PURPOSE OF ORGANIZING A NEW SCHOOL DISTRICT. (See Sections 27 and 28.) , , 188 . . On the .... day of , 188 . , a petition, of which the following is a true copy, was made to X . . . . Y . . . . , County Superintendent of Public Schools of county, to wit: \_Here copy the petition.'\ Whereupon the said County Superintendent issued an order, of which the following is a copy, to wit: \_Here insert a copy of the order. ^ In obedience to 86 BLANK FORMS FOR THE USE OF which order the following notice was posted, as required by section twenty-seven of the School Law, to wit: \^Here insert a copy of the notice.^ In pursuance of the above notice, the electors of the proposed new School District assembled at at . . o'clock . . M. The meeting was called to order by A . . . B . . . , and, on motion, C . . . D . . . was elected Chairman, and E . . . F . . . Secretary. On motion, G . . . H . . . was elected to act with the Chairman and Secretary as judges of the election. On motion of K . . L . . , the electors began to vote bv ballot upon the question of forming a new School Dis- trict. The ballot box remained open for the reception of votes from . . o'clock, . . M, until . . o'clock . . M. Upon counting the ballots, it was found that . . ballots were cast, of which . . . were in favor of the organization and . . against. On motion of J . . . . K . . . . , the meeting pro- ceeded to elect, by ballot, a Board of Directors. The following are the names of the persons voting: \Here recot'd the names of the persons voting.^ The ballot resulted in the election of C . . . D . . . President, E . . . F . . . Secretary, and G . . . H . . . Treasurer, etc., etc. On motion of C D the meeting adjourned si?ie die. C . . . D . . . , Chairman, Attest: E . . . F Secretary Remarks. — A copy of the proceedings should be sent to the County Superintendent, together with the certificate of some elector, that the notice of the meeting was posted in three public places, as required by law. The person who posted the notice, unless absent, should sign the certificate of posting. SCHOOL OFFICERS AND TEACHERS. 87 If the District be formed from unorganized territory, the Secretary must send with this report a certified list of the names of persons of school age residing in the District. A permanent record of the proceedings should be made in the Secretary's book. NO. II. — FORM FOR RECORDING PROCEEDINGS OF A REGULAR OR SPECIAL MEETING OF THE DISTRICT. , l88 . . The regular (or special, as the case may be, ) meeting of School District No. . . , in . . . county, Colorado, convened at . . . . , at . . o'clock (p. m,), pursuant to previous notice given by the District Secretary. The meeting vs^as called to order by the President. The Secretary being absent, on motion of Mr. A . . , C . . . D . . . was elected Secretary pro tern. Mr. S . . . . moved that a tax of two mills on the dollar be voted for the purpose of building a school- house for the District. Mr. F . . . moved to amend by striking out "two" and inserting "five," which was agreed to, and the motion as amended was decided in the affirmative. Mr. D . . . . moved that a tax of one mill on the dollar be levied for the purpose of defraying the con- tingent expenses of the District. Motion carried. On motion of Mr. F . . . . , the meeting adjourned sine die. ly . . . . M , President. Attest: C . . . D , Secretary. , 88 BLANK FORMS FOR THE USE OF Remarks. — Forms lo and ii are given with a view of assisting the inexperienced. Persons familiar with such duties may vary the form as they deem best, the essential point being that the proceedings are accurately recorded. Much depends on the record of the proceedings of the District meeting, and hence it should be correctly made and carefully preserved. Under the law the voting of a tax for any purpose must be, in each year, "On or before the day designated by law for the County Commissioners to levy the requisite taxes for the then ensuing year," and School Boards certify the same to the County Commissioners. no. 12. — form of county superintendent's notice of apportionment to the district secretary. Office of ^ County Superintendent of Schools, V County, Colorado. j To A B , Secretary of School District No . . , in County: You are hereby notified that I have this day appor- tioned to your District the sum of dollars, of the General School Fund, which amount has been placed to the credit of your District on the books of the County Treasurer. County Superintendent. Remarks. — This notice should be sent immediately after each apportionment. SCHOOL OFFICERS AND TEACHERS. 89 'CONTRACT BETWEEN DIRECTORS AND TEACHER. This contract, made the .... day of i8 . . , between and the Board of Directors of School District No . . , in the county of , State of Colorado; Witnesseth^ That the said , who holds a legal certificate to teach in the public schools of said county, in full force and effect, hereby agrees to teach the public school in said district for the term of ... . months, commencing on the .... day of , i8 . . , and well and faithfully to perform the duties of teacher in said school, according to law and the rules legally established for the government thereof, including the exercise of due diligence in the preservation of school buildings, grounds, furniture, apparatus, books and other school property. In consideration of said services, properly rendered, the said directors, in behalf of said school district, agree to pay the said monthly the sum of , dollars per school month. Done at a legally convened meeting this .... day of i8 . . [seal] Teacher. "SEAI.' SEAL SEAL Directors of School District No . . . County^ Colorado. 12 90 BI,ANK FORMS FOR THE USE OF RECORDS AND REPORTS. The Superintendent of Public Instruction will fur- nish to County Superintendents such blank books and registers as may be needed by school officers and teach- ers in the discharge of their duties. The report of each district should be accurately made out and promptly filed with the County Superintendent; otherwise the Secretary is to forfeit the sum of one hundred dollars^ and to make good all losses resulting to the district from such failure. By his neglect to file it as required, the district may lose its share of the county school money, apportioned by the County Superintendent. The Secretary should preserve a copy of all the reports made to the County Superintendent. To ascertain the average compensation of male teachers per month, divide the aggregate amount paid them (male teachers) for teaching during the year, as shown by the books of the District Treasurer, by the whole number of male teachers, and the result by the number of months the school has been taught, which can be determined from the teacher's register. For instance: Three male teachers have been paid the aggregate sum of eighteen hundred dollars for teaching eight months, being an average of six hundred dollars, which divide by the number of months, and we have seventy-five dollars as the average per month. Make a similar computation for female teachers; or, if the blank for names and monthly salary of teachers in the Annual District Report be properly filled, the average monthly salary can be found more readily by the method there given. To ascertain the average cost of tuition for each pupil per month, add to the current expenses of the school the interest, at six per cent, per annum, on the value of the school property owned by the district; SCHOOL OFFICERS Al^D TEACHERS. 91 divide the whole amount by the average daily attend- ance, and the result by the number of months the school has been taught. To ascertain the average attendance of male pupils, divide the sum of the days they have been present by the number of days the school has been taught. For instance: The teacher's registers show to have been present one hundred and twenty male pupils, and the school has been taught ninety days, they have been pres- ent from seventy to ninety days each, and the sum total of the days they have been present is ten thousand two hundred and sixty (instead of ten thousand eight hundred, as it would have been if they had all atteiided regularly\ which divided by ninety, the number of da^^s the school has been taught, and the result is one hundred and fourteen as the average attendance^ one hundred and twenty being the number enrolled. Make a similar computation for female pupils. The Superintendent of Public Instruction will also furnish the County Superintendents with blanks for their annual reports. Unless these reports are accurate and complete, they afford but little satisfaction. If the teacher's daily reg- ister is properly kept, and the monthly statement or term report is regularly transmitted to the District Sec- retary, there can be no difficulty in making a correct annual report. INDEX. .A- ACCOUNT- SEC. PACE Of district expenses to be kept by Secretary 56 40 Of receipts and expenses, kept by Treasurer 5*^ , 4^ With each district, kept by County Treasurer 68 48 ADJOURNMENT— Of school boards 50 36 Of district meetings 63 45 AFiaDAVlT— Of Coinily Superintendent to bill 25 22 Of Secretary to census list 54 39 In case of appeals 83, 84, 85 55 AGE— Of children entitled to attend public school 77, So 51,52 AIvTEtiATlON- Of districts 29 25 ANNUM, DISTRICT MEETING — When to be held 44 32 Wliat business may be transacted 44, f>3 32, 45 Notice of by Secretarj', or two voters 44 32 ANNUAL REPORT— Of County Superintendent to State Superintendent .... 18 ig Of County Superintendent to County Commissioners ... 20 20 Of District Secretary 5i, 56 37, 40 Of teacher 61. 43 APrEAIyS— To County Superintendents 82 54 Must be taken within thirty days 82 ' 55 Based upon aflidavit of party aggrieved 83 55 Adverse parties notified in writing- 86 55, County Superintendent may hear testimony and administer oaths 87 55. To State Board 88 55 -APPOINTMENTS— Of County Superintendents in case of vacancy 14 i6' Of District Director, by County Superintendent 4,7 34, 94 INDEX. Of District Director, by the Board in districts of first class. Of time and place of teachers' institute APPORTIONMENTS OF SCHOOL FUNDS— By Superintendent of Public Instruction By County Superintendent 19, 73 Arbor Day .• . . , ASSESSOR OF COUNTY— SEC. PAGE 48 35 81 53 Schedules and books . . , Shall list property, when ASSISTANT LIBRARIAN— Appointment and duties AVERAGES— Method of obtaining . . . II 15 73 20, 50 65 67 47 67 47 79. 80 BOARD OF EDUCATION— Who constitute Meetings and powers of Diplomas, issued by . . Diplomas, revoked by. . B BOARD OF directors- How elected in new districts Their number in districts of different classes Organization in districts of first class Powers of districts of first and second classes When and how elected, annually Act as judges of election Qualify within twenty days Vacancy, how filled Vacancy, how filled in districts of first class . Meetings of Powers and duties of May establish High School Issue bonds Select depository for bonds 3 II 5 12 28 24 41 30 41 31 4> 31 44 32 45 33 47 34 47 34 48 35 50 36 51 36 52 38 90 56 94 60 BONDS OF OFFICERS-- Of Superintendent of Public Instruction Of County Superintendent Of District Treasurer BONDS OF SCHOOL DISTRICTS— Taxpayers only can vote on question Limit of bonded indebtedness Redeemable at pleasure of district, and payable in fifteen years Registered by Couutj- Recorder 7 12 13 16 47 34 90 56 90 57 90 57 91 58 INDEX. 95 SEC. PAGE Signed, sealed, etc 97 6i Taxes for, levied by Couuty Commissioners 92 5S How and where paid 92 58 Issued under Territorial law 92, 93 ,S8, 59 Sinking fund invested in United States bonds 93 59 United States bonds, how held and sold 94 60 Refunding 99 61 BOOKS- County Superintendents 20 20 Blank books, furnished by county 25 22 • Text books, when changed, etc 51 36 Immoral books 51 37 Record books, kept by Secretary , . ... 54 ^ 39 Registry books, kept by teacher 61 43 BOUNDARY— County Superintendent to ascertain, etc 24 21 Specified in petition 27 23 No change releases property from taxation, etc 95 60 o ■CERTIFICATES— Given by County Superintendent 15 17 Grades, etc . . 16 18 No person can teach without . 1 60 43 CHAIvIvENGE— Of voters 45. 9° 33, 57 •CENSUS— When and by whom taken 54 39 Corrected by County Superintendent 55 40 Defined So 52 CITIES— Shall not be divided 28 25 CI.ERK OF COUNTY— File bond of County Superintendent 13 16 Shall not omit levy 65 46 Register bonds 91 58 Record cancellation of same 92 59 Compulsory Education 66 COPY- Certified by Superintendent of Public Instruction .... 8 13 Retained by County Superintendent iS 19 Of reports kept by Secretary .... 54 39 96 INDEX. SEC. PAGE CONSTITUTION— Article IX. on education . 5. COMPENSATION— Of County Superintendent 25 22 Of teachers and officers, fixed by the Board 51 36 Of County Treasurer, for collecting bond tax 96 60 • COUNTY COMMISSIONERS— Appoint County Superintendent, when 14 16 Paj' County Superintendent, when 25 22 Levy county school tax 64 46 Levy special school tax 67, 70 47, 49 Require report of fines, etc 69 48 Levy all bond taxes 92 58 ID DEBT- Amount voted by district, limit, etc 90 57 DECISION— Of District Board, appealed from 82 54 Of County Superintendent, appealed from 88 55 Of State Board, final 88 56 DELINQUENT TAXES— Amount reported, etc 66 46 DIPLOMAS— To whom and by who:u issued 3 11 Revoked 5 12 DISTRICTS— New, how formed 27, Limits in forming Contiguous, united When entitled to money Joint Entitled to just share of credits ... Classified Body corporate . . Declared legal Legality should uot be questioned Separate accounts kept by County Treasurer 68 48 DIRECTORS— Of new districts, first elected . 28 24 Number, how determined 41 ,30 28 23. 24 28 24 29 25 30 26 31 27 32 27 41 31 40 30 42 32 43 32 INDEX. 97 Powers and duties in districts of first and second class Annual election Vacancies, how filled Vacancies, how filled in first class Meetings Powers and duties Issue bonds Select depository DIVISION— Of school districts Of cities and towns Of school moneys SEC. PAGE 41 31 44 32 47 34 48 35 50 36 51 36 90 57 94 60 28 24 28 24 32 27 EDUCATION— Constitutional provisions in relation to EIvECTORS— Qualifications of Their powers, when assembled . . . . Qualifications for voting bonds . . . . ELECTION— In new district Annual EXAMINATION OF TEACHERS— By State Board By County Superintendent No certificate without EXPEL— Pupils from school 45 33 63 45 90 56 28 44 IF FINES, FORFEITURES, ETC.— Of County Superintendent for neglect, etc Of District Secretary 01 District Treasurer Of County officers, for failure to levy tax . For failure to pay over money 66, Penal, etc 13 56 42 58 42 65 46 69 46, 48 69 48 98 INDEX. KORM.->— Oath of schoorofficers County Superintendem's bond Petition to form a new district Notice of formation of a new district Notice of meeting for organization Bond of District Treasurer or Secretary Request for special meeting Notice of special meeting Notice of annual meeting Record of meeting for organization Record of regular or special meetings Notification by County Superintendent Teacher's contract FUNDS— i State, how apportioned County, when apportioned County, levied annually Special 67, Penal How used Apportionment of county 72, What districts arc entitled to For redemption of bouds :c. PAGE 1 67 2 6S 3 69 4 70 5 71 6 72 7 73 S 74 9 75 10 75 II 77 12 7S Sg 19 20 64 46 70 47- 49 69 4S 71 49 73 50 75 51 93 59 C3- GOVERNMENT OF SCHOOLS— Rules and regulations for, made by district board 52 3S GENERAL I'ROVISIONS— A public school defined, etc Schools must be taught in the English language School year, month, week and day, defined . . . 76 51 7S 55 79 52 h: HIGH SCHOOLS- I'niou, how established Vacancies in committee Meetings of committee Powers and duties of committee .... How supported To whom free Districts represented on the committee. Established by district board, when . . 33 2S 34 29 ?5 29 36 29 37 29 38 30 39 30 INDEX. 99 I INTEREST- On bonds, not to exceed 8 per cent .... May be paid in New York County Commissioners must levy tax for On United States bonds INSTITUTES— NORMAL- SEC. PAGE 90 57 00 58 92 58 94 60 District boundaries 81 52 How organized and conducted 81 53 vj JOINT districts- How formed 31 27 JUDGMENTS— Not rendered for money . 89 56 LAWS— Compiling of . . 69 LIBRARIES— School Board may levy tax for 67 48 MEETINGS— Of State Board 2 11 Of districts for organization Of High School Committee Annual Of School Boards Special MISDEMEANOR— For refusing to perform duty nsr NOTICE— Thirty days before revoking a diploma Of examination of teachers Of meeting for organization Of annual meeting _ Two voters may give 28 24 35 29 44 32 50 36 62 44 5 12 15 17 27 23 44 32 44 32 100 INDEX. Of special meeting . . Of teachers' institutes Before voting bonds . . Of payment of bonds . o OATH— Of Superintendent of Public Instruction Of County Superintendent Of challenged voters Of directors IP PENALTY— Of Superintendent of Public Instruction Of County Superintendent Neglect of dnty District Secretary District Treasurer County Clerk, for failure to levy tax . . . General provisions concerning PUPILS- Q. QUALIFICATIONS— Of teachers Of voters Of pupils for high schools Tij RECORDS- SEC. PAGE 62 44 81 52 90 56 92 59 6 12 14 16 45 33 47 34 56 42 58 42 65 46 69 4S 77 51 5t 37 51 38 Age of May be expelled Admitted from adjoining districts PRESIDENT— Duties of 53 38 15 17 45 33 38 30 Of County Superintendents 16, 20 iS, 20 Of district boundaries 24 21 Of District Secretary 56 40 Of teacher 61 43 INDEX. 101 R.EGISTER- g^^. Kept by teacher ^i Of bonds by County Recorder 9' Of United States bonds by Secretary 94 REPAIR SCHOOL-HOUSES— By Directors 5i By vote of the people ^3 REPORT— Of Superintendent of Public Instruction lo Of County Superintendent, to same i8 To County Commissioners 20 By District Secretary 56 By Teachers ^^ By County Treasurer, quarterly 66 PAGE 43 5S 60 s SCHOOL— Normal . . 69 Definition of 76 51 General provisions concerning 76, 80 51, 52 SCHOOL DISTRICTS— See "District." SCHOOL-HOUSES— Built by the Board on order of the district 51 Built, repaired, etc., by vote of the district 63 Site for school-house 49 SCHOOL MONEY— Withheld by the Constitution 2 Withheld by lavr 75 Apportioned by Superintendent of Public Instruction . . 11 Apportioned by County Superintendent 72, 73 How derived, see " Fund." SUPERINTENDENT OF PUBLIC INSTRUCTION— Duties, etc 12-16 SUPERINTENDENT OF SCHOOLS (County)— Duties, etc 13, 25 i6, 22 102 INDEX. TAXES- Connty school, levied by Commissioners Special school fund For interest and principal on bonds . . . TEACHERS- Not to teach without certificate To make reports and keep register Last one of the year to make annual report TREASURER— Of county, to keep separate accounts Of county, to report quarterly Of county, to arrange tax-books Of county, receives fines, etc Of county, pays interest on bonds Of county, collects bond taxes Of district, duties Of district, duties concerning bonds TUITION— Of non-resident pupils 51 36 "V^ VACANCY— 64 46 67 47 92 5S 60 43 61 43 61 44 26 22 66 46 67 47 69 48 92 58 92 58 47 34 92 58 County Superintendent 14 16 District Board 47 34 District Board, in districts of first class 48 35 THE SCHOOL LAW State of Colorado AS AMENDED TO DATE. i8ql *Mli*l^**»*IMM>MMIW State Historical iiociety OF WISCONSIN MADISON -« COLOEADO SPBINGS, COLO.: The Gazette Printing Company, State Peinters, 1891. > WIS. THE SCHOOL LAW State of Colorado AS AMENDED TO DATE. I5QL Co^^^. ■P ''./"O- ^T1lT■M.!'l[!ll1'lfP' COLORADO SPRINGS, COLO.: Thk Gazette Pmnting Company, State Pbintebs. 1891. THIS PAMPHLET IS STATE PROPEKTY. School officers on retiring from office should deliver this book, with all other papers and documents of an official character, to their successors in office. & PREFACE. The contents of this pamphlet include: Sections 7 and 14 of the Enabling Act; Sections 1 and 6 of Article VII.; Article IX.; Section 5 of Article X.; Sections 1, 2 and 7 of Article XI.; Sections 8, 9 and 10 of Article XIV. of the State Constitution; The School Law of the State, as amended to date; The law of public contracts; The law relating to the study of the nature of alcoholic stimulants; The law concerning the reports of State Educational Institutions; The law establishing Arbor Day; The law relating to compulsory education; The law organizing a State Normal School; The law authorizing the levy of a State tax for certain State Educational Institutions; The law providing for the payment of school orders; Sections 1, 14, 25 and 26 of an act to provide for the payment of salaries to certain officers; The law authorizing school districts to purchase flags for school buildings; Blank forms for the use of school officers and teachers. This edition of the School Law is issued under au- thority granted by Section 3004, Revised Statutes of 1883. NATHAN B. COY, Superintendent of Public Instruction. SECTIONS VII. AND XIV. OF TIIH ENABLING ACT. Section 7. The sections numbered sixteAi and thirty- six in every township, and where such sections have been sold or otherwise disposed of by any act of congress, other lands equivalent thereto in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said Htate for the support of common schools. Section 14. That the two sections of land in each township herein granted for the support of common schools, shall be disposed of only at public sale and at a price not less than two dollars and fifty cents i)er acre, the proceeds to constitute a permanent school fund, the in- terest of which to be expended in the support of common schools. SELECTIONS FROM THE Constitution of the State of Colorado, TOUCHING PUBLIC SCHOOLS AND SCHOOL OFFICERS. AETICLE VII. SUFFEAGE AND ELECTIONS. Section 1. Every male person over the age of twenty- one years, ]30ssessing the following qualifications, shall be entitled to vote at all elections: First — He shall be a citizen of the United States, or, not being a citizen of the United States, he shall have declared his intention, according to law, to become such citizen, not less than four months before he offers to vote. Second — He shall have resided in the State six months immediately preceding the election at which he offers to vote, and in the county, city, town, ward or precinct, such time as may be xarescribed by law; provided, that no per- son shall be denied the right to vote at any school district election, nor to hold any school district office, on account of sex. * *- * * * * Sec. 6. No person except a qualified elector shall be elected or aiDpointed to any civil or military office in the State. ARTICLE IX. EDUCATION. Section 1. The general supervision of the public schools of the State shall be vested in a board of education, whose powers and duties shall be prescribed by law; the Superintendent of Public Instruction, the Secretary of State and Attorney General shall constitute the board, of which the Superintendent of Public Instruction shall be president. 6 SCHOOL LAW OF THE Sec. 2. The general asseml)ly shall, as soon as prac- ticable, provide for the establishment and maintenance of a thorongh and uniform system of free public schools throughout the State, wherein all residents of the State lietween the ages of six and twenty-one years may be educated gratuitously. One or more public schools shall be maintained in each school district within the State, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. Sec. B. The j)ublic school fund of the State shall for- ever remain inviolate and intact; the interest thereon oidy shall be expended in the maintenance of the schools of the State, and shall be distributed amongst the several counties and school districts of the State, in such manner as may be prescribed by law. No part of this^fund, principal or interest, shall ever be transferred to any other fund, or used or appropriated, except as herein provided. The State Treasurer shall be the custodian of this fund, and the same shall be securely and profita])ly invested, as may be by law directed. The State shall supply all losses thereof that may in any manner occur. Sec. 4. Each county treasurer shall collect all school funds belonging to his county, and the several school dis- tricts therein, and disburse the same to the proper districts, ujDon warrants drawn by the county superintendent, or by the proper district authorities, as may be provided by law. Sec. 5. The public school fund of the State shall con- sist of the proceeds of such lands as have heretofore been, or may hereafter be, granted to the State by the general government for educational purposes; all estates that may escheat to the State; also, all other grants, gifts or devises that may be made to this State for educational purposes. Sec. 6. There shall be a county superintendent of schools in each county, whose term of office shall be two years, and whose duties, qualifications and compensation shall be ijrescribed by law. He shall be ex officio commis- sioner of lands within his county, and shall discharge the duties of said office under the direction of the State Board of Land Commissioners, as directed by law. Sec. 7. Neither the general assembly, nor any county, city, town, township, school district or other public corpo- ration, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any STATE OF COLOKADO. 7 church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, semi- nary, college, university or other literary or scientific institution, controlled by any church or sectarian denomi- nation whatsoever; nor shall any grant or donation of land, money, or other jjersonal property, ever be made by- the State, or any such public corporation, to any church or for any sectarian purpose. Sec. 8. No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the State, either as teacher or student; and no teacher or student of any such institution shall ever be required to attend, or participate in, any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. Sec. 9. The Governor, Superintendent of Public In- struction, Secretary of State and Attorney General shall constitute the State Board of Land Commissioners, who shall have the direction, control, and disposition of the public lands of the State, under such regulations as may be prescribed by law. Sec. 10. It shall be the duty of the State Board of Land Commissioners to provide for the location, protec- tion, sale, or other disposition of all the lands heretofore, or which may hereafter, be granted to the State by the general government, under such regulations as may be prescribed by law; and in such manner as will secure the maximum possible amount therefor. No law shall ever be passed by the general assembly granting any privileges to persons who may have settled upon any such public lands subsequent to the survey thereof by the general govern- ment, by which the amount to be derived by the sale, or other disposition, of such lands, shall be diminished,' directly or indirectly. The general assembly shall, at the earliest practicable period, provide by law that the several grants of land made by congress to the State shall be judiciously located and carefully preserved and held in trust, subject to disposal, for the use and benefit of the respective objects for which said grants of land were made, and the general assembly shall provide for the sale of said lands from time to time, and for the faithful application of the proceeds thereof, in accordance with the terms of said grant. 8 SCHOOL LAW OF THE Sec. 11. The o-eneral asseinlily may require, by law, tliat every child of sufficient mental and physical ability, shall attend the public school, during the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means. Sec. 12. There shall l)e elected by the qualified electors of the State, at the first general election under this con- stitution, six regents of the university, who shall, immedi- ately after their election, be so classified by lot. that two shall hold their office for the term of two years, two for four years, and two for six years; and every two years after the first election, tllere shall be elected two regents of the university, whose term of office shall be six years. The regents thus elected, and their successors, shall con- stitute a body corporate, to be knowu by the name and style of "The Regents of the University of Colorado." Sec. 13. The regents of the university shall, at their first meeting, or as soon thereafter as iDractical)le, elect a president of the university, who shall hold his office until removed by the Board of Regents fcjr cause; he shall be ex officio a member of the board, with the privilege of speaking, but not of voting, except in cases of a tie; he shall preside at the meetings of the board, and bo the 13rincipal executive officer of the university, and a member of the faculty thereof. Sec. 14. The Board of Regents shall have the general supervision of the university, and the exclusive control anil direction of all funds of, and appropriations to the university. Sec. 15. The general assembly shall, by law, provide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors, to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their re- spective districts. Sec. 16. Neither the general assembly nor the State Board of Education shall have power to prescribe text books to be used in the public schools. ARTICLE X. Section 5. Lots, with the buildings thereon, if said l)uil(lings are used solely and exclusively for religious wor- ship, for scIkxjIs, or for strictly charitable purposes, also STATE OF COLOEADO. 9 cemeteries not used or held for private or corporate i^rofit, shall be exempt from taxation, unless otherwise provided by general law. ARTICLE XL PUBLIC INDEBTEDNESS. Section 1. Neither the State, nor any county, city, town, township or school district, shall lend or pledge the credit or faith thereof, directly or indirectly, in any man- ner to~or in aid of, any person, company or corporation, public or private, for any amount or for any j)urpose whatever, or become responsible for any debt, contract or liability of any person, company or corporation, public or private, in or out of the State. Sec. 2. Neither the State nor any county, city, town, township or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or share- holder in, any corporation or company, or a joint owner with any person, company or corporation, public or pri- vate, in or out of the State, except as to such ownershixo as may accrue to the State by escheat, or by forfeiture, by ox3eration or provision of law; and except as to such own- ership) as may accrue to the State, or to any county, city, town, township or school district, or to either or any of them, jointly with any person, comjjany or corporation, by forfeiture or sale of real estate for non-payment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penal- ties or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested. * * * * * *- * Sec. 7. No debt by loan in any form shall be con- tracted by any school district for the purpose of erecting and furnishing school buildings, or x^urchasing grounds, unless the proposition to create such debt shall first be submitted to such qualified electors of the districts as shall have paid a school tax therein, in the year next pre- ceding such election, and a majority of those voting thereon shall vote in favor of incurring such debt. ARTICLE XIV. Section 8. There shall be elected in each county, on the first Tuesday of October, in the year one thousand 10 SCHOOL LAW OF THE eight liuiidred and seventy-seven, and every alternate year forever thereafter, one county clerk, who shall be I'x officio recorder of deeds and clerk of the board of county com- missioners; one sheriff; one coroner; one treasurer, who shall be collector of taxes; one county superintendent of schools; one county surveyor, and one county assessor. Sec. 9. In case of a vacancy occurring in the office of county commissioner, the Governor shall fill the same by appointment; and in the case of a vacancy in any (jther county office, or in any precinct office, the lioard of county commissioners shall fill the same by appointment; and the person appointed shall hold the office until the next general election, or until the vacancy be filled by election according to law. Sec. 10. No jjerson shall be eligible to any county office unless he be a qualified elector; nor unless he shall have resided in the county one year preceding his election. AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS, APPROVED MARCH 20, 1877, AS AMENDED BY THE SECOND, THIRD, FOURTH, SIXTH, SEVENTH AND EIGHTH GENERAL ASSEMBLIES. State board, how cousti- tuted. Meetings and powers. Be it enacted by the General Assevibly of the State of Colorado : STATE BOAED OF EDUCATION. Section 1. The Superintendent of Public Instruction, the Secretary of State and Attorney General, shall consti- tute a State Board of Education, of which the Superin- tendent of Public Instruction shall be president. Sec. 2. The State- Board of Education shall meet at the State capitol on the last Saturday in December in each year, and at such other times and places as may by them be deemed necessary, and shall have power to adopt any rules and regulations not inconsistent with law, for its own government, and for the government of public schools, state diplomas, Sec. 3. Tlic State Board of Education is hereby au- ' thorized to grant State diplomas to such teachers as may be found to possess the requisite scholarship and culture, and who may also exhibit satisfactory evidence of an unexceptional moral character, and whose eminent pro- fessional ability has been established by not less than two STATE OF COLOEADO. 11 years' successful teaching in the public schools of this State. Such diplomas shall su^Dersede the necessity of any and all other examinations of persons holding the same, by county, city or local examiners, and shall be valid in any county, city, town or district in the State, unless revoked by the State Board of Education. Sec. 4. But State diplomas shall only be granted upon Examination public examination, of which due notice shall be given, in diplomas. such branches and upon such terms, and by such examin- ers as the Superintendent of Public Instruction, the Pres- ident of the State University, the President of the .State Agricultural College and the President of the State School of Mines may prescribe; Provided, That the State Board of Education may, u^Don the recommendation of the State Board of Examiners, grant State diplomas without exami- nation to persons who, in addition to good moral char- acter and scholarly attainments, have rendered eminent services in the educational work of the State for a period ,of not less than five years. * Sec. 5. The State Board of Education may at any how revoked, time revoke a State diploma, u^Don satisfactory evidence that the holder thereof has become unworthy of the same; Provided, That, before revoking any such diploma, the holder thereof shall have at least thirty days' notice to appear before the State board, and refute any charges brought against him. supeeintendent of public insteuction. Sec. 6. At the general election, to be held in the year when elected. of our Lord one thousand eight hundred and seventy- eight, and every two years thereafter, a State Superinten- dent of Public Instruction shall be elected by the qualified electors of the State, who shall hold office for a term of two Tenure of years from the second Tuesday of January next after ° his election, and until his successor is duly elected and qualified. Sec. 7. Before entering upon his duties he shall take oath and bond. and subscribe the oath of ofiice prescribed by the consti- tution, and shall also execute a bond in the penalty of five thousand dollars, payable to the State of Colorado, with sureties to be approved by the State Auditor, conditioned upon the faithful discharge of his official duties, and the delivery to his successor of all books, papers and docu- ments and other property belonging to the office. Said 12 SCHOOL LAW OF THE Keep office, where. Decisions touchiuf; school livws. Prepare iiues tiotis for teachers' exaniiuatioii. Fwmish blanks, etc. Such supplies to be charged to counties and deilucted from state fund. bond and oath shall be dei^osited with the Secretary of State. Sec. 8. He shall have an oflBce at the seat of govern- ment, where shall be kept an official seal, and all books and papers appertaining to the business of his office. He shall file all papers, reports and public documents trans- mitted to him by the school officers of the several counties, each year separately, and hold the same in readiness to be exhibited to the Governor, or to any committee of either house of the general assembly. Copies of all papers tiled in his office, and his official acts, may be certitied by him, and when so certified, shall be evidence equally and in like manner as the original papers. He shall decide all points touching the construction of the school laws, which may be submitted to him in writing by any school officer, teacher or other person in the State, anil his decision shall be held to be correct and final until set aside by a court of competent jurisdiction, or by subsequent legislation; and said decisions, ^rrespondence and instructions may be communicated through the columns of any regularly puli- lished periodical that is devoted to the interests of educa- tion. He shall prepare lists of questions for the use of county superintendents at the quarterly examination of teachers, and make such suggestions concerning their use as shall tend to secure uniform examinations in the dif- ferent coiTnties; and he may call to his aid, in the prepara- tion of said questions, such assistance as he may tleem proper. Sec. U. He shall have a general supervision of all the county superintendents and of the public schools of the State. He shall prei)are. have printed and furnish to teachers and all officers charged with the administration of the laws relating to public schools, such blanks, forms, registers and books as may be necessary to the discharge of their duties; but he shall not copyright such forms, nor be directly nor indirectly compensated by reason of the sale thereof. All registers and blank books so furnished for the use of teachers and school officers, shall be charged to the respective counties at cost, and the county superin- tendent of schools shall receipt for and distribute the same among the districts of his county as they may require; and the amount so charged against each county shall be dediicted from the amount apportioned to such county at the semi-annual apportionment of the State school fuml; and the Superintendent of Public Instruction shall STATE OF COLORADO. 13 certify to the State Treasurer the agg-reo-ate amount of such deductions, and the Treasurer shall thereupon trans- fer said amount from the school fund, subject to appor- tionment, to tlie#general fund. The Suj^erintendent of Publication of Public Instruction shall have the laws relating to public ''''°"' '•'^''• schools printed in ijamphlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and State libraries with a copy each. Said printing to be paid for out of the printing fund, on warrant of the Auditor, on bills approved by the SuiDerintendent of Public Instruc- tion, and attested by the Secretary of State. Sec. 10. He shall, on or before the tenth day of Decem- Bienmai ber, in every year preceding that in which shall be held '■''^'^°'-'^- a regular session of the general assembly, report to the Governor the condition of the public schools, the amount of State school fund apportioned, and sources from which derived, with such suggestions and recommen- dations relating to the affairs of his office as he may think proper to communicate. It shall be his duty to visit visit each annually such counties in the State as most need his what purpose, personal attendance, and all counties, if practicable, for the purpose of inspecting the schools, awakening and guiding public sentiment in relation to the practical inter- ests of education, and diifusing as widely as possible, by public addresses and personal communication with school teachers and parents, a knowledge of existing defects and of desirable improvements in the government and instruc- tion of the schools ; and he shall open such correspondence corre- as may enable him to obtain all necessary information '''^'"°*^'^"'^''" relating to the system of public schools in other States; and he shall receive out of the State treasury, for actual necessary traveling expenses and other expenses while Traveling traveling on the business of the department, not exceeding ^^p®^®^^- five hundred dollars per annum, for which he shall render an itemized bill to the Auditor of State, who is hereby authorized to draw his warrant therefor; and an office, contingent fuel, furniture, postage, books, stationery, and other con- '^^^^°^^^- tingent expenses pertaining to his office, shall be furnished in the same manner as those of the other deiDartments of the State government. Sec. 11. It shall be the duty of the State Auditor to state fund notify the Superintendent of Public Instruction of thewheu. ^^'' amount of money in the State treasury to the credit of the Public School Income Fund, on the thirtieth days of June 14 SCHOOL LAW OF THE Assistant librarian, and December in each year. Within fifteen days after recceiving such notification, the Superintendent of Public Instruction shall apportion said fund among the several counties of the State, from which reports kave been received by said Superintendent, as provided in this act, in laropor- tion to the school population as shown by the report of each county for the year next preceding such apportion- ment, making such deductions as are provided in sec- tion 9 of said chapter. And the Superintendent of Public Instruction shall certify said apportionment to the State Auditor, and upon such certificate the Auditor shall draw his warrant on the State Treasurer in favor of the county treasurer of each county, for the amount due said county. Notify different The Superintendent shall also certify to the superin- officers. tendent of each county the amount apportioned to such county. Sec. 12. He may employ an assistant librarian, who shall have charge of the State library, under such regula- tions as may be prescribed by the State Librarian, or by law. Said assistant shall receive the annual salary of one thousand ($1,000) dollars for his services. COUNTY SUPERINTENDENT. Sec. 13. There shall be elected in each county, at the general election in the year one thousand eight hundred and seventy-seven, and biennially thereafter, a county suj)erintendent of public schools, who shall take office on the second Tuesday of January next succeeding that on which such election shall be held. He shall hold his office for two years, and until his successor shall be elected and Oath and bond, qualified. Before entering upon the duties of his office he shall take the oath prescribed by the constitution, and execute a bond payable to The People of the State of Col- orado, with two or more sureties, to be approved by the board of county commissioners, in penalty of not less than two thousand dollars, to be increased at the discretion of said board, conditioned upon the faithful performance of the duties of his office and the delivery of all moneys and property as such sux)erintendent to his successors, which bond shall be filed in the office of the county clerk. Sec. 14. Should the superintendent elect fail to qualify as aforesaid, or should there occur a vacancy in said office, the board of county commissioners shall, at their next meeting after such vacancy or failure to qualify occurs, appoint an eligible and suitable person, who shall qualify Wlien elected. Term of office. Failure to qualify. County com- missioners fill vacancy. STATE OF COLOEADO. 15 within ten days after his appointment, and who shall con- tinue in office until the next general election thereafter. Should such appointee fail to qualify, as aforesaid, another appointment shall be made in the same manner, until the vacancy shall be filled by appointment or election. Sec. 15. On the last Friday of February, May, August Quarteriy^^ and November, in each year, he shall meet all persons de- sirous of passing an examination as teachers, in some suitable room at the county seat, notice of which shall be given in some newspaper in the county, or in case there is no paper published in the county, he shall give such notice as may by him be deemed necessary; at which time he shall examine all such applicants in orthography, reading. Topics, writing, arithmetic, English grammar, geography, the his- tory of the United States, including the constitution of the United States, physiology, laws of health, the elements of the natural sciences, theory and practice of teaching, and the school law of the State; Provided, That, if at- tendance upon the examination at the county seat work a great hardship to one or more teachers in the county, he may provide for such teacher or teachers to take the ex- amination at some convenient place under the direction of ^^^'^g ^^f^f a deputy, who shall transmit to the county superintendent elsewhere. the written answers of each applicant as soon as the exami- nation is completed. Such deputy shall receive the sum of five dollars ($5) per day for conducting such exami- nations, when such services are certified to the county commissioners by the county superintendent. If the applicant is to teach in a school of high grade, the exami- nation shall extend to such additional branches of study as are to be pursued in such school. If satisfied of the comi^etency to teach, and of the good, moral character of the applicant, he shall give such applicant a certificate as certificates, provided in the following section, but he shall not issue a certificate, except a temporary one, unless the applicant be examined at the regular quarterly examination. Sec. 16. The certificates issued by the county superin- ^^ad^s^of ^ tendents shall be of three grades, distinguished as first, second and third. The first grade certificate shall be valid for two years; the second grade for one year; the third grade for six months. A county superintendent may re- new a certificate of the first grade by endorsing such renewal thereon, and may revoke certificates of any grade at any time, for immorality, incompetency or other just cause. It shall be deemed a violation of law to grant a certificates. IB SCHOOL LAW OF THE (•tn'tilicate of either of the above iinuuHl grades without re(iuiriiig the applicant to pass a thorough and satisfac- tory examination in such ])raiiches, and at such times as are specified in section 15 of this act, and in ail such ex- aminations the questions prepared by the Superintendent of Public Instruction shall be used; Frocidcd, however. That a certificate of the third grade shall not be refused Tiiinif^ia.ic. l)t'cause of the failure of the applicant in the elements of the natural sciences. The superintendent may, however, upon satisfactory evidence of c(mipetency, issue a tempo- rary certiticate, which shall be valid (mly until the next renular examination, at which time the holder of such temporary certiticate shall appear for a complete exami- Teiuix'rary. uatiou, as aforcsaid. It shall not be lawful to renew a temporary certificate, nor to grant a second one to the same person. The superintendent shall keep an official Keconi. rccord, in a suitable book, of the persons so examined, con- taininu; the name, age, nationality, date of examination, and grade of certificate issued; he shall also retain for six months the written answers of all applicants at the regular examii'.ations, and hold the same subject to the order of the State Board of Ediicaticm; And, provided, fiirtlier. That in school districts of the first class, the examination of teachers to fill vacancies may be conducted l)y the school boards of such districts, and a tt»acher thus exam- ined and employed by a district of the first class shall not })e required to tiold a certificate from the county superin- tendent while teaching in such district. A county sui)erintendent may, upon the application of a teacher holding a first grade certificate received at a regular exami- nation in another county in the State, and in full force at Cfiiiti.ai.. af the time, issue to said teacher a certificate of like grade, like ,:nuk.. j^. yjitiytied of his or her ability to teach: Provided, That such certificate shall not show the standing in each branch, nor be subject to renewal, but shall show the con- dition upon which it is issued. In case a certificate is rcn'oked or refused, at a regular examination, by the county Appeal. superintendent, the right of a^^peal to tlu» State Board of Education shall not be denied the teacher or applicant, if said appeal be taken within thirty days from date of notice of such revocation or refusal. Deputy. Sec. 17. If for any cause the superintendent is unable to attend to the duties of his oflSce, he may appoint a dep- uty, who shall take the usual oath or affirmation of office, antl who may exercise all the functions of county superin- STATE OF COLOEADO. 17 tenclent, but such deputy shall draw no salary from the public fund; Provided, That the suiDerintendent may re- ceive a 'per ddem for the service of such deputy. Sec. 18. On the first Tuesday of September, in each Reports, year, the county superintendent shall make a report to the Superintendent of Public Instruction for the school year ending June thirtieth next preceding, which report shall contain an abstract of the reports made to him by the district secretaries, and such other matters as the Super- intendent of Public Instruction may direct, and shall be items. in such form and ux^on such blanks as the Superinteiident of Public Instruction shall furnish. The county superin- Retain copy, tendent shall retain a copy of all such reports and file the same in his office. Sec. 19. The county superintendent shall apportion the general school fund of the county among the several school districts in accordance with the provision of sections seventy-two and seventy-three of this chapter, quarterly, to- wit : On the first Monday in January, April, July and Apportion- October, in each year, and he may ai)portion the same at'^^''" '"^ ^^' other times if there be sufficient money in the treasury to require it. He shall certify each apportionment promx^tly to the county treasurer, and shall also notify the secretary Notify officers. of each district of the amount placed to the credit of his district. Sec. 20. It shall be the duty of the county superin- tendent to exercise a careful supervision over the schools visitation. of his county, to visit each school at least once during each quarter it is in session, to see that all the i)rovisions of this act are observed and followed by teachers and school ofiicers; to examine the accounts of the district Examine dis- m 1 •£ ^ 1 11, in trict accounts. oincers to see it such accounts are properly kept, and all district funds properly accounted for; to keep, in a good and substantial bound book, a record of his ofiicial acts, and of all other matters required by law to be recorded; to obey the legal instructions and decisions of the Super- tendent of Public Instruction. He shall also keep a record of the registers, record books and order books furnished to the several districts of his county; and it shall be his duty to hold county teachers' associations whenever, in his hom county judgment, the interests of the school work demand it ; the associlitions. records of the county superintendent's office shall be open to the insj)ection of any citizen of the county, and within one week from the close of each school year he shall pub- lish in some newspaper published in the county, if there 2a 18 SCHOOL LAW OF THE Publication of apportion- ments. Neglect of duty. Forfeiture for s^ame. May admin- ister oaths. Fill vacancies in district boards. Ascertain boundaries of districts. Salary. Bill tor same. be such a paper, a statement of the apportionment of school funds for the year preceding. Sec. 21. If the county superintendent fails to make a full and correct report to the Superintendent of Public Instruction, as provided by law, and shall, after written request or notice from the Superintendent of Public In- struction, or from the board of county commissioners, delay more than ten (10) days after the service of such notice to make such report, he shall forfeit the sum of one hundred dollars, which sum the board of county commis- sioners may deduct from any money due him; said forfeit may, however, be recovered by suit, upon his official bond. Sec. 22. The county superintendent shall have power, and is hereby authorized, to administer oaths and alfirma- tions to school directors, teachers and all other persons in official matters relating to schools ; but shall receive no fee for so doing. Sec 23. The county superintendent shall appoint di- rectors for any district which fails to elect, as provided in section forty-four, and shall fill vacancies that may occur in any board of directors by reason of death, removal from ofiice or from the district, resignation, or otherwise, except in boards of directors of districts of the first class, and the officers so apijointed shall hold office only until the ensu- ing regular efection. Sec. 24. It shall be the duty of the county superin- tendent to ascertain the boundaries of each school district in his county, and to make and keep a record of the same in a suitable bound book, which record shall show defi- nitely the boundaries of each district. In case the boun- daries are found to be conflicting or incorrectly described, he shall harmonize the same and make a report of such action to the board of school directors whose districts are affected thereby. District officers shall have access to such records for the jaurpose of examination, making copies, or for other legitimate purposes. The county superintendent shall prepare, or have prepared, a map of the county, showing the correct boundaries of the districts. Sec. 25. For the time necessarily spent in the dis- charge of his duty he shall receive five (5) dollars per day, and fifteen (15) cents for each mile necessarily traveled one way. He shall, as far as practicable, render an itemized bill of his services and mileage, each month or quarter, to the board of county commissioners, and STATE OF COLOEADO. 19 shall make oath that the bill is just and correct; where- upon the county commissioners shall order a warrant on the county treasurer, payable from the general county fund; Provided, That the annual salary so received shall in no case exceed one hundred dollars for each regularly Limit, organized x^ublic school in the county. The commis- sioners shall provide him with a suitable office at the county seat, and all necessary blank books, stationery, Books etc., postage, expressage and other expenses of his office, not wunty!^*^ ^^ otherwise provided for, which last mentioned expenses shall be paid for from the county fund. He shall keep his Keep ws office office open for the transaction of official business such days each week as the duties of the office may require. Sec. 26. It is hereby made the duty of the county ^^^^^tj^s of treasurer in each county, to keep a separate account with treasurers. each school district in his county, to place to the credit of each the amount of money as certified to by the county superintendent, as provided in section nineteen, and to pay over the money so collected, upon the presentation of the legally-drawn warrants or order of the district officers entitled to draw the same; Provided, That if the county superintendent shall notify the county treasurer, in writ- Not to pay ing, that there has been a failure on the part of any board cert^ain'cases. of directors to comply with the law, and that said money should be withheld from said board of directors, he shall retain the same until further notice from the county superintendent. On or before the fifth day of July in each year, he shall render, to the county superintendent of schools, a statement of the receipts and disbursements on Treasurers' account of the several districts, of all the school f unds ^^''°'^*^' which have passed through his hands during the school year next preceding; and at the same time he shall render to each district secretary a statement of receipts and dis- bursements of such district. All money which shall be- come forfeited by any district shall be put into the General School Fund, and re-appropriated as other moneys. OEGANIZATION OF DISTRICTS, ETC. Sec. 27. For the purpose of organizing a new district Division out of a portion of one or more old districts, the parents °^ '^^®*"*'*^- of at least ten children of school age residing within the limits of the proposed new district shall petition the county suiDerintendent, in writing, which petition shall describe the boundaries of the proposed district, and the names of all children of school age residing in such pro- posed district at the date of said petition; and said list of 20 SCHOOL LAW OF THE Notice of meeting. New districts from unor- ganized territory. List of names, naiiies shall be held to be the census list of said district until the next regular census shall be taken, and if any names are found on said list, and also on other census lists for the current year, if the county superintendent is satis- fied that the children so named are bona fide residents of the proposed district, he shall strike such names from the lists of the old districts, when the organization of the new district is complete. If, in the judgment of the county superintendent, the school interest of the districts affected by the proposed change, will be best promoted by said / change, he shall direct some one of the petitioners who is a legal voter, to notify each elector residing within the district so to be formed, by personal service as far as con- venient, and to j)ost a notice in three public jDlaces in said new district, that such jjetition has been made, and that a meeting will be held, naming the time and place for such meeting, to determine the question of the proposed organi- zation. People living upon unorganized territory may organize themselves into a school district at any time, without a petition, if a majority of the legal voters residing within the i)roposed district shall so decide at a meeting, of which reasonable notice has been given to all resident voters, and which meeting shall be conducted as is now provided by law for the organization of new districts; Provided, That, in addition to the copy of the proceedings now required by law, the secretary shall also transmit to the county superintendent a certified list of all children of school age who are residents in good faith in said district at the date of the organization, which list shall be held to be the census list of said district until the next regular school census. Sec. 28. The qualified electors of such proposed new district, when assembled in accordance with the notice above required, shall organize by electing a chairman and secretary. Every legally qualified elector, and none other, shall be entitled to vote at such meeting. After the or- ganization of such meeting, as above mentioned, a vote shall be taken by ballot on the question whether or not the proposed district shall be organized. Those in favor of organization shall vote "Yes,"' and those opposed '"No." If two-thirds of the legal voters so voting are found to be in favor of such organization, and not otherwise, the meeting shall proceed to elect by ballot a board of directors of said district, who shall hold oflSce until the ensuing regular election, as provided in section forty-four Qvialified electors of new school districts shall organize. Only qualified electors entitled to vote. Vote taken. Proceed to elect by ballot a board of directors. STATE OF COLOEADO. 21 (44) of this act. The secretary of said meeting shall immediately transmit to the county superintendent a J^^^^^^^^^IJ, copy of the proceedings of the meeting, upon receipt of ceedings. which, if the proceedings are found to have been in accord- ance with law, he shall establish and number such dis- shaii establish trict and enter a record of the same, and of the proceedings suchdistrict. of the meetings, as provided in section twenty-four ( 24 ) of this act; Provided, If such organization of a new district ^'■o'^iso. works great hardships to any head of a family, a statement ^^'■^^o'f'famii of the facts may be submitted to the superintendent and two disinterested persons, one to be named by the suj)er- intendent and one by the person affected, and if in their judgment good cause be shown for the transfer, he may be ^^^fj^^^"'''^ *° transferred to another district; Provided^ further^ That district. no district shall hereafter be divided for the purpose of Proviso, forming a new district, unless it contains an area of more ^°,f^*of"^fjfg than nine square miles; nor shall a district be divided if square miies. by so doing the remainder of the district shall be found to contain less than fifteen persons of school age, and when ^^ persons. practicable the district shall conform to government lines; Provided^ also, That no city or town shall hereafter be^^o^^iso- divided into two or more districts, and ■ districts of the ^^isM^ct^of first first class shall not be divided except upon a vote of the be divided, electors of the district, submitted at an annual election, of electors of and a majority of all the votes cast being in favor of such ^^®*^'^°*- division. Sec. 29. Two or more contiguous districts may beumonof united into one district. For the purpose of effecting such union, each district shall, at a s]3ecial meeting legally called for the purpose, determine by ballot whether or not a majority of the legal voters assembled are in favor of such union. Those in favor will vote "Yes," and those opposed "No." If a majority of the voters present, in each district, vote in favor of a union, a union meeting Meeting caiied. shall be called by giving at least ten days' public notice, lo days- notice. at which meeting the organization shall be perfected by the election of officers and other necessary proceedings, in the same manner as provided for the organization of dis- tricts in section twenty-eight (28) of this chapter. Upon receiving notice from the county superintendent, of such union of districts, it shall be the duty of the county treasurer to transfer all funds belonging to said districts to the credit of the new district thus formed. A portion of unorganized territory may be annexed to a school dis- Annexation, trict ; or a portion of one • district may be detached from SCHOOL LAW OF THE IVTust establish school before mouey is paid over; may become void ill six months. County super- intendent may extend time. Annulled for failure. Joint districts how formed. Reports separate. said district and annexed to a contiguous district, by the county superintendent, upon petition, in either case, of a majority o£ the legal voters i;esident within the territory to be so annexed, subject always to the limitation provided in section twenty-eight. Sec. 30. No new district, formed as provided in sec- tions twenty-seven (27) and twenty-eight (28) of this chapter, shall be entitled to any portion of the public school money until a school has actually commenced there- in, and unless within six (6) months from the establish- ment of such district a school be opened and maintained as required by law, the action making such district shall be void, and all actions had by such district, acting as a body corporate, shall cease and determine, and all taxes which may have been levied in the old district or districts out of which the new one was formed, shall be valid and binding upon the real and personal property of the new -district, the same as if said new district had never been organized; Provided, That the county superintendent may, for good cause, extend the said six (6) months to eight (8) months, said time of limitation shall begin to run from the time of the meeting at which it was voted to organize the district ; whenever any district shall, for the period of one year, fail to maintain a school and keep up its organization of officers, and to make annual report as required by law, the county superintendent may declare such district annulled, and annex its territory to adjoining district or districts. Sec. 31. A joint school district may be formed from territory belonging to two or more contiguous counties. For the purpose of organizing a joint district, the same 13reliminary steps shall be taken, and the same course pur- sued as is provided for the organization of other districts, in sections twenty-seven (27) and twenty-eight (28). Such district shall be designated as "Joint District No , of the counties of and-...- , and shall be so numbered that it shall have the same num- ber in all the counties from which it is formed." The petition required by section twenty-seven (27) shall be made to each county superintendent interested, who shall unite in forming such districts; Provided, That the school census, the record of attendance at school, the assessing of property, the collection of taxes, and all other acts which from their nature should be separately kept or done, shall be kept and done, and the reports thereof made, as STATE OF COLOEADO. 23 if each portion of said joint district belonging to each, county were an entire district in the respective counties. The teachers of such joint district shall have a certificate Teachers' from the superintendent of the county in which the school house is located. No joint district shall be annulled except by the consent of the county superintendents of the counties in which such district is located; Provided, That when any joint district desires to be annulled for how annulled. the purpose of forming separate districts, it shall require a majority vote of the voters constituting said joint dis- trict, at a meeting called for such purpose. Sec. 32. When a new district is formed from one or wiira new^is- more old ones, the school funds remaining to the credit from one or of the district, after providing for all outstanding debts Soffunds''^' excepting debts incurred for building and furnishing divided, school houses, shall be divided as follows: The basis of division for the school fund shall be the school population, as shown by the last school census before the division of the district or districts occurred, and shall apply to such funds as remain to the credit of said old district or dis- tricts at the time of the organization of said new district, and each district shall receive funds in proportion to its Each district J j> , T . -, -i- £ T • • 1 shall receive per cent, or the said census, in case or division, each funds, district shall own and hold all permanent property, such shaii o^j^and as sites, school-houses and furniture situated within its nent property, boundaries. All division of funds under this provision shall be made by the county superintendent, and when there are unpaid special taxes on the county tax-book, belonging to a distri'ct at the date of its division, the county treasurer, upon being notified of such division by county the county superintendent, shall retain all money received retain ftmds in payment of said special tax until the same shall be a^e^ippor-^'"^ apportioned by the county superintendent, whose duty it ^}^°"^^^- shall be to apportion said money monthly, between the intendent to fractions of the divided district, according to the location mOTiey!°° of the property on which said tax was levied. At the first cannot appor- apportionment after the organization of a new district, the scifoofhas county superintendent shall apportion to such district its goodfafth!*^ ^^ per' capita proportion of the general fund, but no money, either from the general or special fund, shall be paid out of the county treasury on account of such district until a school shall have been begun therein in good faith. Sec. 33. Whenever the school boards of two (2) or Establish a more contiguous school districts shall each deem it advis- school. ^^ able to establish a union high school, the county superin- 24 SCHOOL LAW OF THE Call a meeting of the board. Notice. High school committee. Elect a secre- tary and treasurer. Organize a high school. High schools open to chil- dren from all districts of the county. Tenure of office. Secretaries. Regular meet- ings; special meetings. Powers and duties of com- mittee. After establish- ment it shall be maintained. tendent shall, at the request of two (2) of the secretaries of the boards, call a meeting of the boards interested by giving personal notice to each member, which meeting shall elect by ballot from among the members of said boards, if a majority of the members of each board are present, a committee of three (3), to be known as the High School Committee of such union school. The county superintendent shall be, ex officio, an additional member of said committee and shall preside at the meetings thereof. There shall be elected a secretary of such com- mittee, and if need be a treasurer. In any case in which the county seat of any county shall all be included in one school district, the board of such school district shall have the same powers of establishing and organizing a high school as are hereby given to the board of two or more contiguous school districts, and in such case the high school committee shall be the board of such school dis- trict, or such three members as they may select. High schools formed under the provisions of this section shall be open to children from all districts of the county in which they are so formed; Provided, Such children are qualified, as hereinafter provided. Sec. 34. The members of said high school committee shall hold the office for and during the term they are members of their respective boards. All vacancies in said committee, other than such as are caused by the exjDiration of the term of office, shall be filled by the school board of which the person so vacating was a member. The secre- tary shall be elected annually, and may receiive such com- pensation as the committee shall deem proper to allow. Sec. 35. The regular meetings of the high school committee shall be held on the first Saturday of March, June, September and December of each year, and special meetings may be held at any time upon the call of the county superintendent, or of two members of the com- mittee. Sec 36. Said committee shall exercise all the powers and perform all the duties, with reference to said high school, that are accorded to and required of school boards throughout the State, as provided in section fifty (50) [51] of this act, and shall have power to establish and prescribe the qualifications and manner of examination for admit- tance to the high school. Sec. 37. After the first establishment of such a high school, it shall be maintained until the then next regular STATE OP COLOEADO. 25 apportionment of the county school fund, as follows : Each H9W mam- district, which shall have any children attending such**'°®'^- high school, shall draw from its school fund, and cause to be placed to the credit of high school fund, such part of the whole expenses as shall be proportioned to the number of pupils attendant at such high school from such district ; Provided, It is with the approval of the directors of said district. After the first year, or part of a year, so as above After first year provided for, the said high school shall, so far as prac- a°separat^e ^^ ticable, be rated as a separate district. It shall be entitled 'district, to draw from the general, State and county funds its quota Draw its quota for attendance, as provided by section seventy- two (72) of this act, and the deficit shall be made n-p from the several ^^fi^u district funds in proportion to number of pupils from each district who attended said high school during the then past year. Sec. 38. The high school may be maintained during May be main- forty (40) weeks in each year, and shall be free to all weeks each children in the county who are qualified for admission *'''^'^'- according to the requirements prescribed by the com- mittee, and all children in the county who are so qualified, ^hudren^^ and who can pass the examinations prescribed by the p^^|^*^® ^4^,^^ committee, shall be entitled as of right to attend said high school. Sec. 39. Every district in the county which contributes whoshaii elect to the suxoport and patronage of said high school, shall, by ^ISmfttee. its board of directors, be entitled to a voice in the election of members of the committee. SCHOOL DISTRICTS, OFFICEES AND ELECTIONS. Sec. 40. Each regularly organized school district here- Each district a tofore formed, or that may be formed, as provided ii^ body corporate, this chapter, is hereby declared to be a body corporate, by the name and style of school district No. , in the county of , and State of Colorado, and in that name may hold property and be a party to suits and con- tracts, the same as municipal corx3orations in this State. Sec. 41. There shall be elected in each school district Anmmi of the State, annually, and in the manner . prescribed in <'><*°ti°'i- section forty-four (44) of said chapter, a board of directors. The number of persons that shall constitute each board of directors shall be determined as follows : The school dis- classification. tricts shall be classified into first (1st), second (2d), and third (3d) classes; districts containing a school popula- ist.ciass. tion of more than one thousand (1,000) shall be denomi- 26 SCHOOL LAW OF THE Term of oiUce. Organization of boards. Powers and duties. Present organization legalized. Change from second class to first. nated districts of the first (1st) class; districts containing: a school population of three hundred and fifty (350), and not exceeding one thousand (1,000), shall be denominated districts of the second (2d) class, and districts containing a school population of less than three hundred and fifty (350) shall be denominated districts of the third (3d) class. At the regular election in 1887, as provided in sec- tion forty-four (44) of said chapter, all districts of the first (1st) class shall elect, by ballot, one (1) director for three (3) years; and at the regular election in 1888, one (1) director for three (3) years and one (1) director for four (4) years; and at the regular election in 1889, one (1) director for four (4) years and one (1) director for five (5) years; and annually thereafter there shall be elected one (1) director for five (5) years. All districts of the second and third classes shall elect one (1) president for three (3) years, one (1) secretary for two (2) year«, and one (1) treasurer for one (1) year; and annually there- after there shall be elected for three (3) years a person to fill the vacancy occurring; Provided, That this shall not apply to districts of the second and third classes already organized. School boards of the first class shall, at their first meeting after their election, elect a president, who shall be a member of the board, a secretary, who may or may not be a member of the board, and a treasurer, who shall not be a member of the board, and who shall hold office for one year and until their successors are elected and qualified. In districts of the first and second classes the boards, after organization, shall exercise all the power given the electors of districts of the third class, as speci- fied in section sixty-three (63) of said chapter. Sec, 42. Every school district in the State, which now exercises the prerogatives of a school district, and the legality of whose organization has not been legally denied, and which has a board of directors, duly qualified according to law, and has exercised the rights and enjoyed the privi- leges of a legally and regularly established district for one year, shall be, and is hereby declared to be, a legal school district; and all district officers shall hold office until their successors are qualified. When school districts of the second (2d) class shall attain a school population of one thousand (1,000) or more, as shown by the annual census, at the next regular election thereafter, as provided in sec- tion forty-four (44) of this act, there shall be elected one (1) director for three (3) years, and one (1) director for STATE OF GOLOEADO. 27 four (4) years, and one (1) director for five (5) years, and annually thereafter one (1) director for five (5) years, as provided for in districts of the first (1st) class; and the persons so elected, together with the directors whose official terms have not expired, shall constitute the new board, which board shall enter upon the duties i^rescribed by law for boards of directors of districts of the first (1st) class. Sec. 43. All school districts now formed, or which whatiegaiiy may hereafter be formed, which shall continue to exer- msufct!*^^ ^ cise, undisputed, the prerogatives and enjoy the privi- leges of a legally formed district, for the period of one year next succeeding the election of its officers, shall be deemed to be a legally formed district, and its legality shall not thereafter be questioned. Sec. 44. The regular election for electing members of Annual school boards shall be held annually in each district on the ®^®°*^°°- first Monday in May at which time it shall be lawful to transact any business x^ertaining to schools and school interests. The secretary of each school board shall cause Notice. written or printed notices to be jposted, specifying the day and the place or places of such election, and the time dur- ing which the ballot-box or boxes shall be kept open, not Baiiot box less, however, than three hours, and further s^Decif ying at hours!*'^'''* what hour and place any other business shall be transacted. Said notices shall be posted in at least three public places in the district, one of which shall be the school house, if there be one, at least six days previous to the time of elec- tion; and in districts of the first class said notice shall be published weekly for the four weeks next preceding such election, in some newspaper published in the district, and if there be no paper published in such district, then in a paper published in an adjoining district. If the secretary Notice by fail to give such notice, then any two (2) legal voters ^'^^ '*'°*®'''^' residing in the district may give such notice over their own names, and such election may be held after the day fixed by this act for such election. All elections shall be au elections by ballot, and in the absence of a notice specifying the ^^ '^^^lo*- hour, the ballot-box shall be opened at nine (9) o'clock, A. M., and closed at four (4) p. M. In districts of the first More than one class, the school boards may order more than one voting TniS^cfass"' place in the district, fix the voting i)laces and the limits of '^i^*"*=*®- the voting precincts, and appoint three (3) judges and Judges and necessary clerks for each voting place, in addition to those ''^®^^®' provided for in Section 45. 28 SCHOOL LAW OF THE Who are voters, Sex no dis- qualification. Challenge. Oath. Judges of election. Counting the votes. Special election. Sec. 45. Every elector legally qualified to vote at a general election, having been a resident of the school dis- trict for thirty (80) days next preceding the day of elec- tion, shall be entitled to a vote; Provided, That no jDerson shall be denied the right to vote at any school district election, or to hold any school district oflEice on account of sex. Any person offering to vote may be challenged by any legally qualified elector of the district; and any one of the judges of election shall thereupon administer the person challenged an oath as follows: "You do swear (or affirm) that you are a citizen of the United States, or that you have declared your intention to become such; that you have resided in this State of Colorado six months immediately preceding this election; that you are twenty- one years of age; that you have resided in this district thirty days next preceding this election and that you have not voted at this election, so hel]3 you God (or under the pains and penalties of perjury)." If he shall refuse to take such oath or affirmation, his vote shall be rejected. Any person guilty of voting illegally shall be ijunished as provided in the general election law of this State. The president, secretary and treasurer of the district school board shall act as judges of the election except as other- wise provided in Section 44, and should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy; Provided., hoivever, That at all elections held for voting upon a prox^osition to create or contract a debt ])y loan for the purpose of erecting or furnishing school buildings, or pur- chasing school grounds, only such qualified electors of the district shall vote thereat as shall have paid a school tax in such district for the year next preceding such election. Sec. 46. Immediately after the closing of the polls, the judges shall meet at one of the voting jDlaces as shall have been previously designated by the school board, and shall proceed to count the votes, and the xjerson or persons qualified to be elected who shall receive the largest num- ber of votes, shall be declared elected, and a rejport of the said election signed by the judges shall be transmitted to the school board. If, for any cause, no election be held at the regular time, or if, ujjon counting the votes, there be a tie vote for any one or more of the offices, a sipecial elec- tion shall be called by the board within ten (10) days, and notice thereof given, as required in Section 44 of this STATE OF COLOEADO. 29 act. A failure to give the prescribed notice of such special election shall render the election void. The general provisions of Sections 44, 45, 46, shall be applicable to all school elections, whether general or special, or for whatever purpose held. Sec. 47. The directors shall each, within twenty (20) oath of office, days after his or her election, a^Dpear before some officer authorized to administer oaths, and take oath that he or she will faithfully perform the duties of his or her office required by law, which oath shall be filed with the county where aied. superintendent ; and, in case of failure so to qualify, his vacancy, how or her office shall be deemed vacant, and the county super- intendent shall appoint a suitable person, who shall qualify immediately. If the amount of money liable to come into the hands of the treasurer, in the discharge of his official duties, exceed twenty dollars at any one time, he shall be required to give bond in double the amount of Treasurer's money liable to come into his hands, said bond to be approved by, and filed with, the county superintendent. The directors elect shall take office immediately after quali- fying, as aforesaid; Provided, That any district treasurer, who shall refuse to give bond as above, when required to do so by the other members of the board, shall be dis- qualified from receiving any money on district account until a satisfactory bond is executed. The oath of oflice required in this section may be administered by a i3resi- dent of a school board; and it is hereby made the duty of the district treasurer of all first-class districts to publish, semi-annually, in some newspaper published within the county wherein such district may be located, a complete and full report of all receipts and expenditures of the said district's funds. Sec. 48. Any school board shall have power to make By-iaws by such by-laws for their own government and for the gov- *^^ ^°'^^'^' ernment of the public schools under their charge, as they may deem expedient, not inconsistent with the provisions of this act, or the instructions of the Superintendent of Public Instruction. District boards of the first class shall vacancies in IT j_ mi i-n • districts of also have power to nil any vacancy which may occur m first class, the board, until the regular election, at which time the vacancy shall be filled for the unexpired term. Sec. 49. It shall be lawful for any school district innoidreai this State to take and hold, under the provisions of chap- *'**'**''• ter thirty-one of the Revised Statutes, so much real estate as may be necessary for the location and construction of 30 SCHOOL LAW OF THE Regular meetings. Special meetings. Powers and duties of boards. Emploj-ment and discharge of teachers, etc, Compensation of secretary. Fix course of study. Text books. One kind in same branch. Not changed in less than four years. School fxirniture. Houses. To build or remove. Suspend or expel pupils. a school-house and convenient use of the school; Pro- vided, That the real estate so taken, otherwise than by the consent of the owner thereof, shall not exceed one acre. Sec. 50. The regular meeting of each board shall be held on the last Saturday of March. June. September and December. The board may. however, hold such other regular, special or adjourned meetings as they may from time to time determine, or as may be specified in their by-laws. Sec. 51. Every school board, unless otherwise espec- ially provided by law. shall have power, and it shall be their duty: First — To employ or discharge teachers, mechanics or laborers, and to fix and order paid their wages; to deter- mine the rate of tuition for non-resident pupils, and to fix the compensation to be allowed the secretary for the time necessarily spent in the service of the district, as required by law, or as directed by the board; Provided, It shall be unlawful to pay any other member of the board, from the district funds, for his services as a mem- ber of such board. Second — To enforce the rules and general regulations of the State Superintendent, to fix the course of study, the exercises and the kind of text books to be used: Provided, That but one kind of text-book of the same grade or branch of study shall be used in the same depart- ment of a school, and that after the adoption of any book, it shall not be changed in less than four years, mdess the price thereof shall be unwarrantably advanced, or the mechanical quality lowered, or the supply stopped. Third — To provide for school furniture, and for every- thing needed in the school-house, or for the use of the school board. Fourth — To rent, repair and insure school-houses. Fifth — To build or remove school-houses, and to pur- chase or sell school lots, when directed by a vote of the district so to do. Sixtti — To hold in trust for their district all real or per- sonal property for the benefit of the school thereof. Seventh — To suspend or expel pupils from school, who refuse to obey the rules thereof, and to exclude from school children under six years of age. STATE OF COLOEADO. 31 Eighth— To determine the number of teachers that Number of shall be employed, and length of time over and above *®^'''^®'^^" three (3) months that the school shall be kept; to fix the Length of time for the opening or closing of schools, and for the lohooi hours, dismissal of primary pupils before the regular time for closing of schools. Ninth — To provide books for indigent children, on the indigent written statement of the teachers that the parents of such ci^ndren. children are not able to purchase them, and to furnish free text- books for the use of all pupils, when authorized to do so by a majority vote of the district, as expressed at any regular or special meeting. Tenth — To require all pupils to be furnished with the Books. proper and suitable books as a condition of membership in school. Eleventh — To exclude from school and school libraries immoral] all books, tracts, papers and other publications of an im- books. moral or pernicious tendency. Twelfth — To require teachers to conform to the law. Thii^teenth — To make an annual report, as required by Annual report. law, to the county superintendent, on or before the first day of August of each year, in the manner and form and on the blanks prescribed and furnished by the Superin- tendent of Public Instruction. Foiirteenth — To make a report directly to the State Report to state Superintendent, whenever instructed by him so to do. superintendent. Fifteenth — Whenever a pupil resident in one district Admit pupiis desires to attend school in another district, such pupil d™trictl''.°"^''^^ shall be permitted to do so; Provided, That the board ' may refuse to admit pupils from other districts upon the ground of insufficient room. Sec. 52. The school board of districts of the first and Board may second classes shall have the power to establish a separate schooh*^ ^*^^ high school whenever they shall deem it expedient or necessary, and shall have power to determine the qualifi- cations for admission to such schools, and shall exer- cise all the powers with reference to such high school which are accorded to them in relation to the schools of lower grade; Provided, That no school board shall build no building or lease any building especially for such high school, of ^he'diltrict. unless authorized to do so by a vote of the district, as pro- vided in section sixty-two (62) [63] of this act. Sec. 53. The president, when present, shall preside Duties of at all meetings of the board and of the district, shall t'^'^^ident. 82 SCHOOL LAW OF THE Vnoniic.v in soliool bonnl. Secretiirj- shnll give bonds. Polivor to suc- oessor in otHco nil property. Bond to bo (iljprovoil. Seorotnry to record nil proceedings. Preserve copies. File nil papers trnnsmitled to him. Countersis;;n wnrrnnts. Keeii roKistor of till orders drawn. Transmit a statement. Take census. Bona fide residents. Census shall be sworn to as correct. sit^n all orders on the oouiity treasurer for the payment of money; Proridcd, That no orders shall be drawn npon the eonnty treasurer exeept in favor of ])arties to whom the district has l)eeome lawfully indebted. He shall appear in behalf of his district in all suits br()u,ij:ht by or against the same, but when he is indivicUially in- terested, this duty shall be performed by the secretary, and in the absence of the president, the secretary shall l)reside at board and tlistrict meetinns. Absence from the district of any school ofiictn\ when prolonu'eil beyond thirty days, may be held to wcn'k a vacancy in said office, which may be filled according to law. Sec. 54. Before entering upi)n the duties of his office, the secretary shall execute a bond, with two sureties, in the penal sum of fivt> hundred (500) dollars in districts of the jfirst and second classes, and the penal sum of one hun- dreil (100) dollars in districts of the third class, conditioned upon the faithful discharge of his official duties and the de- livery of all district jjroperty pertaining to his office over to his successor, within ten days after a demand is made for the same by a qualified successor, saiil bond to be approved by and filed with the county superintendent. The secre- tary shall record all proceedings of the board and of district meetings in a book, or books, kept for that pur- pt)se; shall preserve copies of all reports made to the State or county superintmulents; shall file all papers transnntted to him by other school officers pertaining to the Inisiness of the district; shall draw and countersign all warrants or orders issued by the board; shall keep a registei or stub of all orders drawn, showing the number of the order, date, amount, in whose favor and for what purpose drawn, lunnediately after the election of one or more directors according to law, he shall transmit to the" county superin- tendent a statement giving the name and postotfice ad- dress of the president, secretary and treasurer, respectively, of the boards of directors. Between the tenth day of April and the first day of May, in each year, the secretary, or some person authorized by him, shall take a census of all persons over six years and uniler twenty-one years of age who were boiui Jidc residents of the district on the tenth day of April aforesaid. The names so listed shall be ar- ranged alphabetically, and be so classified as to distinguish between nuile and female. The census list shall be SM-orn to as correct by the person taking the same. and. if such person be other than the secretary, shall be certified by STATE OF COLOEADO, 33 the secretary, and shall be forwarded to the county super- List shaii be intendent on or before the first day of June of the current toTOunty school year. In districts of first and second classes a copy superintendent, shall be delivered to the principal teacher, or sux)erin- a copy, tendent of the district, and in all cases a copy shall be retained in the ofiice of the secretary. Sec. 55. The census list of the several districts shall List to be , p -,-, -Ti 11J1 L examined and be careiully examined and compared by the county super- compared by intendent, and if the name of the same person be found inten^deTtr"^" upon more than one list, he shall strike said name from all lists except that of the district in which such person was residing in good faith on the tenth day of Ax^ril afore- said. The residence of an unmarried x^erson of school age Residence of shall, in all cases, be held to be identical with the bona fide ^^^o^,'''^ residence of the parent or guardian of such person; Pro- vided, That such parent or guardian be a resident of the State. If the county su]Derintendent find upon any census list the names of any persons who he believes were not residents in good faith of such district as aforesaid, he shall notify the secretary certifying the list, and, if said secretary shall not establish the correctness of the list within fifteen ( 15 ) days after such notification, such names shall be stricken from the list. At the time of taking the Additional annual census, the secretary shall use reasonable diligence to ascertain the number of blind and deaf mute persons BUnd and resident in the district, between the ages of four (4) and '^'^''^ "'''*'''• twenty-two (22) years, with the name and post-office ad- dress of each. Said items shall be embodied in his annual report to the county superintendent. Sec. 56. The secretary shall keep an accurate account secretary's of the expenses incurred by the district, and shall present the same to the board whenever called upon. He shall Give notice give the required notice of all regular and special meet- ings, as herein authorized. On or before the first day of Annual report. August of each year he shall make out and file in the office of the county su]3erintendent a report of the affairs in his district. Said report shall be made upon blanks x^repared by the Sux^erintendent of Public Instruction containing such items of information as the said Superintendent shall require, including the following, viz: First — The number of persons, male and female, each, items. in his, district between the ages of six (6) and twenty- one (21) years. Second — The number of schools and the branches taught in each. 3a 34 SCHOOL LAW OF THE Forfeit for failure. Render state- ment to board. Books always open. Duties of treasurer. Third — The number of puj)ils in each school. Fourth — The number of teachers employed in each school, and the compensation of each per month. Fifth — The number of days the school was taught during the year then past, and by whom. Siocth — The number of pupils enrolled during the year; the average daily attendance. Sevenili — The average cost of school per month for each pupil, based upon the total enrollment, and also the average cost based upon the average daily attendance. In estimating these averages, the secretary shall take account of the teachers' wages, all current expenses, and six per cent, interest upon a fair valuation of all property belonging to the district. Eightti — Text books used in each school. Ninth — The number of volumes in the library of each school. Tcnili -The aggregate amount paid teachers during the year, and the average monthly pay of teachers. Elevcntli — The number of public school-houses, and the estimated value of each. TwelftJi — The amount raised by tax in the district during the year for school library. Tliirtrcnth ~ The amount raised by subscription, or by other means than tax. Fourteenth — The amount of special tax levied for the support of schools, and for buildings, sites and furniture. Fifteontli — The amount of money on hand at the begin- ning of the year then past. Sixteentli — ^The amount of money received from all other sources than those herein specified. Should the secretary fail to tile his reptn't, as above directed, he shall forfeit the sum of one hundred (100) dollars, and shall make good all losses resulting to the district from such failure. Sec. 57. The secretary shall render a statement of the condition of the finances, as shown by the books, at any time when required by the school board, and his books shall always be open for inspection. Sec. 58. It shall be the duty of the treasurer to coun- tersign all warrants drawn by the president and secretary on the county treasurer, in favor of parties to whom the STATE or COLOEADO. 35 district has become lawfully indebted, and to keep an account of the same. He shall take charge of all moneys received by him on account of the district from the county treasurer, as provided in sections ninety-one and ninety- two of this act, and pay out the same as therein provided. He shall render a statement of the finances of the district, as shown by the records of his office at the close of each school year, and at any other time when required by the board. For a failure to perform any of the duties of his penalty. office when directed by the board, or for refusing or neg- lecting to deliver to his legally qualified successor all moneys, books or other district property in his possession or care, within ten days after the same shall have been demanded by such successor, he shall be liable on his bond, and shall make good all loss resulting to the district from such failure or neglect. Sec. 59. No superintendent or district officer shall Neglect of receive any compensation, who has neglected or refused demeam)^' to perform any duty required by law, and any district officer so neglecting or refusing, when specially directed by a majority of the district board, shall be deemed guilty of a misdemeanor, and it shall be deemed a violation of law for any person to draw or sign a warrant for the pay- ment of such delinquent officer, and any person so signing a warrant shall be liable in double the amount of such warrant. TEACHERS. Sec. 60. No district board shall employ any person to shaii not teach in any of the public schools of the State, unless clrtm^te.''"* such person shall have a license to teach, issued from the proper district, county or state authority, and in full force at the date of employment; and any teacher, who shall commence teaching in any such school without such license, shall forfeit all claim to compensation out of the school Forfeit, fund for the term so teaching without such license. And if a teacher's license shall expire by its own limitation Expiration of within a term of emiDloyment, such expiration shall not to^gtifptctiooi. have the effect to stop the school, or stop the teacher's pay; Provided, That a teacher whose certificate so expires, if the term of school for which such teacher is employed extends more than one month after such expiration, shall secure a new certificate, or a renewal of the old one held while the same is in force. And, provided, fui'ther. That a certificate shall not be required of persons employed to teach either music, drawing, or modern languages only. No 86 SCHOOL LAW OF THE Not dismissed without cause. Daily register. Report to tlie secretary. Shall notify county super- intendent of commence- ment and close, Blanks. teacher shall be dismissed without good cause shown, and such teacher shall be entitled to receive pay for services rendered. Sec. 61. It shall be the duty of the teacher of every public school in this State to keej). in a neat and business- like manner, a daily register in such form and ujDon such blanks as shall be prepared by the Superintendent ot' Public Instruction. At the close of each term of school, not to exceed four months, the teacher shall fill the sum- mary in such register, and, in ungraded schools, file the register with the secretary of the district, who shall pre- serve the same; in graded schools the register aforesaid shall lie filed with the principal or superintendent of the district, in which case said principal or superintendent shall make an abstract of the summaries of all such reg- isters upon blanks prepared by the Superintendent of Public Instruction, and file the same with the secretary, which shall also be preserved. The teacher, i^rincipal or suiDcrintendent, as the case may be, who is in charge of the last term of school in any school year, shall file with the secretary a summary of the statistics for the year, as shown by the summarized reports of all the terms during the year. The principal teacher of every public school, within one week after the beginning of each term, shall notify the county superintendent of the date of such begin- ning and the proposed length of the term. Nothing in this section shall be construed to prohibit any district board from requiring teachers, i^rincipals and superin- tendents to keep any additional registers and records of statistics which such board may deem desirable. Until the registers, summaries and abstracts herein above described have been filed as aforesaid, it shall be unlawful for the officers of any district to draw a warrant for the last month's salary of any teacher, principal or super- intendent whose duty it is to make and file such register, summary or abstract. All blanks required in the execu- tion of this section shall be supplied by the Superintendent of Public Instruction to county superintendents, and by them to district secretaries. SPECIAL DISTRICT MEETINGS. Directors to Sec. 62. In any district of the third class, the board of ciassdistricts. dircctors may at any time call a special meeting of the electors of such district, for any of the pur^joses specified in section sixty-two (62) [sixty-three] of this act, and it STATE OF COLORADO. 37 shall be their duty to call such meeting, if petitioned so to Ten voters do, by ten (10) legal voters of the district. Notices, speci- '"''^ p"**"*"^- fying the time, place and object of such meeting, shall be items.' posted in three (3) public places, one of which shall be at the place of meeting, at least twenty (20) days prior to the Twenty days, time of holding such meeting. Sec. 63. The qualified electors of districts of the third powers of class, when assembled at any regular or special meeting ®^''<'*°''s- shall have power: First — To appoint a chairman and secretary in the items, absence of the regular officers. Second — To adjourn from time to time, as occasion may require. Third — To fix the site for each school-house, taking into consideration in doing so the wants and necessities of the people of each iDortion of the district. Fourth — To order such tax on taxable property of the district as the meeting shall deem sufficient for any of the following purposes: To pay teachers; to purchase or lease a suitable site for a school-house or school-houses; to build, rent or purchase a school-house or school-houses and to keep in repair and furnish the same with the nec- essary fuel and appendages; for procuring libraries for the schools, books and stationery for the use of the board and district meetings, and to defray all other contingent expenses of the district. Fifth — To direct the sale or other disposition to be made of any school-house, or the site thereof, and of such other property, real or personal, as may belong to the dis- trict, and to direct the manner in which the proceeds arising therefrom shall be applied. Sixth — To transact generally such business as may tend to promote the cause of education, in accordance with the provisions of this act. Seventh — To adopt any rules of order for the govern- ment of district meetings not incompatible with the pro- visions of this act, and to alter and change the same from time to time, as occasion may require. Sec. 64. The county commissioners shall, at tlie time county com- of levying the tax for county puri^oses, cause to be levied ^aiT ™vy tax. a tax for the supx^ort of the schools within the county, of not lesss than two (2) mills on the dollar, of the assessed Not less value of all taxable property, real and personal, within the ^^^^ ^ °^'^^^- ;{8 SCHOOL LAW OF THE Ti'onsuror sliiill collect. C'ouiity siipcr- liitcndt'iit certify to cimuty coiii- iiiissldiicrs. Special tux fur DlllCICXlKMlSCS Not to nxcccit Ave iiiilU. doiiiily clcrli must levy with or without onler of eoiumissloneis I'oi-reit for liillui-e to levy. C^ounly treiis- iirer ti> certify imiouiit collecte.l to co\mtv suiicr- iiiteiuleut iiuarterly. IVIiiuiuenI taxes. couiily, wliicli tax shall ho colliH-tecl by tho eoiinty troas- uri'r at Hr' same time, and in the same manner, as state and connty taxes are collected, except that it shall be nH'eivable only in cash. It is hereby made the duty of the county superintendent of schools to certify to the board of county commissioners at this tinu^ the amount of iM<)iu>y needed per C(ipif(t. to enable each school district in ihv county to maintain a i)ul)lic school four (1) months in t>ach year, as nHjuirci.! by law. In niakinj^ his (\stimate, tht> county sup(M"inttMulcnt shall not takt^ into consiilcra- tion districts whose school population shall be h^ss than tiftccn (lo). as shown by the school ct^nsus precediuij^ the time of making- the levy. He shall use as a basis for making his estimate the sum of forty (40) dollars per month foi- th(^ teacher's salary. All other expenses of the school must be providetl for by the board of directors by siHH'ial tax. It is hereby made the duty of the county commissioners to increase the minimum rate of two (2) mills, to what shall be rtniuiretl for the purpose as stated as above; Proridi'd, That sui-h tax levy shall in no case ^^\ceed tiv(> (5) mills; Proridcd fiirihcr. If any school dis- trict shall fail to certify a sjjccial tax for other expenses of the district necessary to maintainiuii; a public school each year, as provided for in Section 77, the county commission- ers shall cause the same to be levied. Sec. ()"). No county clerk, or other i^erson, who shall make out the tax-list or asst>ssnu'nt roll of any county, shall omit ov nei^lect to levy said tax of two (2) mills, as aforesaid, by reason of the onnssion of the board of county commissioners to pass a resolution for that pur- pose. Failure to levy a tax of at least two (2) mills, as above spin-itied, shall be deemed a violation of the law, and the persi)n or persons through whose neijlect or refusal tlu' failure so to levy shall occur, shall forfeit the sum of oiu> hundred ( 100) ilollars each, anil be liable for all danuin't's nvsidtin^- h\m\ such neglect or failure. Sec. ()(). The county treasurer shall, on or before the tirst day i>f January, April, July and October of each year, certify*tlu> amount of said tax which shall have been col- lecteil, and tlu^ amount of any t)ther county school money then in the I'ounty treasury, to the county superintendent, and shall render him a statement of the amount uncol- lected. The amount unpaid shall be colU'cteil at any sub- stnpient time as clcliiU[Uimt taxes nvc collected, anil shall be certitied to the county superintendent, as aforesaid. STATE OF COLORADO. 39 Should the treasurer fail at any time to pay over the tax, Forfeit unci as herein provided, he shall forfeit the sum of one hundred '^"™"^*''''- (100) dollars, and double damages, to be collected on his ojfficial bond; suit to be brought by the county superin- tendent, for the benefit of his county [school fund]. Sec. 67. On or before the day designated by law f (jr ^^«i;of'i |'0'"'i« the commissioners of each county to levy the requisite commwHionerH. taxes for the then ensuing year, the school board in each district shall certify to the county commissioners the num- ber of mills per dollar which it is necessary to levy on the taxable prcjperty of the district, to raise a special fund for any of the purposes specified in section fifty-one of this chapter, and the county connnissioners shall cause the same to be levied at the same time that other taxes are levied, and the amount of such special tax which shall be assessed to each taxpayer of such district shall be placed in a separate column of the tax-book, which shall be headed "Special School Tax;" Provided, That a school I'lfteenmiiia board of a district of the third class shall not certify, as onhe tMr""'^ above, to a higher rate than fifteen mills per dollar. There ^^'^^'^' shall also be a column in said tax-book in whicli shall be separate designated the number of the school district in which the eachVi?strict. X)roperty is listed. .This tax shall be collected in cash only, and placed to the credit of the proper district as fast as collected, and the amount placed to the credit of each dis- trict shall be reported to the secretary of such district at the end of every month, and shall be subject to the order of the district board. It is hereby made the duty of the Duties of the county assessor and county treasurer to so arrange their IVwtT '^"'^ tax schedules and books as to conform to the above pro- ''^■"''■""'■''r- visions; Provided, Thai the county assessor shall list all where prop- Ijroperty, both real and personal, in the school district in "''^^ '" '"**^''' which the same may be on the first day of May; And, 'provided, further, That the board of any district may Library tax. order the levy of not to exceed one-tenth of one mill, the jjroceeds of which shall be used exclusively in the pur- chase of books for a library, to be open to the i;)ublic, under such rules as the district board may deem needful for the proper care of the said library. Sec. 68. It shall be the duty of the county treasurer to county treas- open and keep separate accounts with each school district acooimt''wi'th"° in his county, and hold the funds of each district, subject """'^ '''•'*""*• to the legal warrants of the ijresident, as provided by sec- tion fifty-three of this chai^ter. If the legal warrant of any school district in his county be presented to the 40 SCHOOL LAW OF THE No funds. Interest on warrants stops. Fines under this law. Contempt of court. Estray. Forfeiture for failure to pay ovi'r. County super- intendent to look after fines, etc. coiinty treasurer when iliere are no funds in his hands to tlie credit of the district fund against which the warrant is drawn, he shall endorse such warrant "No funds," and said warrant shall draw interest from the date of such en- dorsement at the same rate as county warrants in like condition. The treasurer shall keep a list of all warrants so endorsed, and shall pay them whenever there is suf- ficient moiu^y t(j the credit of the proper fuiul in the order of such endorsement. The interest on such warrants shall sto}) when the treasurer shall ,u,-ive notice that he has funds to pay the same; Proridcd, It shall not be lawful for the officers of any district to issue warrants at any time in an amount in excess of the tax levy for the current year. PENAL FUND. Sec. ()9. All fines, penalties and forfeitures provided by this act may be recovered by action of debt, in the name of The People of the State of Coh)rado, for the use of the proper school district or county, and shall, when they accrue, belomi,- to the respective districts, or coun- ties, in which the same may have been incurred; and the county treasurers, for their counties, are herel)y author- ized to receive and cause to be placed to the })roper credit such forfeitures. Except as otherwise i^rovided by law, all sums of money derived from fines imposed for violation of orders of injunction, mandamus and other like writs, or for contempt of court, shall be paid into the school fund of the ct)unty wherein the contempt or such violation was committed; and the clear proceeds of all fines collected within the st>veral counties of the State for breach of the penal laws, ifiid all funds arisinu; from the sale of lost t^Dods and estrays shall be paid over in cash by the i^erson collecting the same, within twenty (20) days after the col- lection, to the county treasurer of the county in which the same have accrued, and shall be by him credited to the general county school fund. He shall indicate in such entry the source from which such money was derived. Any officer, or person, collecting or receiving any such fines, forfeitures or other moneys, and refusing and [or] failing to pay over the same, as required by law. shall for- feit double the amount so withheld, and interest thereon at the rate of five (5) per cent. i)er monlh during the time of so withholding the same; and it shall be a special duty of the county superintendent of schools to supervise and see that the provisions of this section are fully comj)lied STATE OF COLOEADO. 41 with, and report thereon to the county commissioners semi-annually, or oftener, if required by them. Sec. 70. It shall not be lawful for a district or a dis- Eeconsidera- trict board to reconsider the question of the levy of a*'°'^' special tax after the same has been certified to the county commissioners, nor shall said commissioners be charged with any discretion in the matter of such levy further than to ascertain if the law has been obeyed. Sec. 71. It shall be illegal for any school board to what funds ajDpropriate or cause to be used any money belonging toj^edfor''^ the general school fund, for the jjurpose of building, fur- ^"^^fii^s- nishing or erecting additions to any school-house, or for the purchase or improvement of any school-house, site or lot ; Provided, That if any portion of the aforesaid school Balance, after fund remains to the credit of any district after the pay- gohwiT**^^' ment of all expenses necessary to the support of a public school for a period of ten months in any one year, in said district, it shall be lawful for the district board to use such balance for any of the purposes provided for in section fifty-one of this chapter. APPORTIONMENT OF SCHOOL FUND. Sec. 72. In apportioning the general fund, as directed .Tuiy appor- in section nineteen of this chapter, the county superin- *^°"™'^"*" tendent shall base the July apportionment, in each year, on the census lists and reports of the secretaries of the several districts for the school year next preceding, and he shall base all apportionments on said lists and reports for a jDeriod of one year, except in the case of the apportion- ment to new districts, as provided in section thirty-two of this chajDter. , Sec. 73. The county superintendent shall apportion Apportioned the funds aforesaid among the districts entitled to the census!"^ *° same, according to the number of persons of school age, as shown by the census lists and reports of the several dis- tricts for the school year immediately preceding, as pro- vided in section seventy-two. Sec. 74. Whenever a district secretary fails to file his Forfeiture annual report and census list with the county superin- gfite supe?- tendent, according to law, thereby rendering it impossible i^tendent. for the said superintendent to api^ortion to such district any part of the general fund for the ensuing year, if it can be shown to the satisfaction of the Superintendent of Public Instruction that such report and census list were prepared and reasonable diligence used to place the same in the 42 SCHOOL LAW OF THE hands of the county superintendent, and that such report and census list failed to reach said superintendent by reason of some accident or extraordinary occurrence; and if it be further shown that a public school was maintained in such district for not less than the minimum time re- quired by the State constitution; and if it be also shown that duplicates of the missing papers have been placed in the hands of the county superintendent, or in his office, then the Superintendent of Public Instruction shall direct the county superintendent to apportion to such district its per capita share of the general fund distributed during the remainder of the year, as provided in section seventy- two. No district eu- Sec. 75. Any scliool district failing to maintain a Suiess*?t'ha"tt*^ ])ublic scliool at least three months of any school year, si'xt'y"iuys'hoii- sliall uot Ije entitled to receive any portion of the school .lays iuchuUnl. f^^^^J j-',^j. |^|^j^^^ ypg^j._ Public school. Public schools open for all children between the ages of six aud "21 years. School taught iu the English language. German and Spanish taught by re(iuest. SCHOOLS. Sec. 76. A public school is hereby defined to be a school that derives its support entirely, or in part, from moneys raised by a general State, county or district tax. Sec. 77. Every public school, except high schools, shall be open for the admission of all children between the ages of six (6) and twenty-one (21) years residing in that school district during at least four school months in each year, and the school board shall have power to admit adults, and children not residing in the district, if they see fit so to do, and to fix the terms of such admission. Sec. 78. The public schools of this State shall be taught in the f^nglish language, and the school boards shall provide to have taught in such schools the branches specified in section fifteen of said chapter, and such other branches of learning in [and] other languages as they may deem expedient, including hygiene with special ref- erence to the effects of alcoholic stimulants and narcotics upon the human body; and whenever the parents or guardians of twenty or more children of school age shall so demand, the board of such school district may procure efficient instructors and introduce the German and Spanish languages, or either of them, and gymnastics, as a branch of study into such school; and said district board may, upon like demand of the parents and guardians of children of school age, procure efficient instructors to teach the branches specified in said section fifteen, in the German STATE OF COLORADO. 43 and SiDanish languages, or in either of sucli languages as said board may direct. Sec. 79. The school year shall begin on the first day school year, of July and end on the thirtieth day of June. A school Month, month shall be four weeks, a school week five days, and a Day. school day shall not exceed six hours, excluding the time of intermission at noon. The term "National Holidays," Legal holidays. in this chapter, shall be construed to mean Thanksgiving- Day, Christmas Day, New Year's Day, Washington's Birth- day, Decoration Day, Labor Day and the Fourth day of July. Election day in November. ( See election law of 1891 . ) • Sec. 80. A school census is hereby defined to be a school census, census embracing all persons between the ages of six and twenty-one years. School age is hereby defined to be any school age. age over six and under twenty-one years. teachers' normal institutes. Sec. 81. For the purpose of organizing and maintain- Dmdedinto ing teachers' normal institutes, the State shall be divided into the following institute districts viz : The counties of classified. Sedgwick, PhilliiDs, Logan, Yuma, Washington and Mor- gan to constitute normal district No. one (1). The counties of Weld, Larimer and Boulder to constitute nor- mal district No. two (2). The county of Arapahoe to constitute normal district No. three (3). The counties of Gilpin, Clear Creek and JefPerson to constitute normal district No. four (4). The counties of Douglas, Elbert and El Paso to constitute* normal district No. five (5). The counties of Kit Carson, Lincoln and Cheyenne to constitute normal district No. six (6). The counties of Fremont, Custer and Pueblo to constitute normal district No. seven (7). The counties of Kiowa, Otero, Bent, Prow- ers and Baca to constitute normal district No. eight (8). The counties of Huerfano and Las Animas to con- stitute normal district No. nine (9). The counties of Saguache, Costilla, Conejos and Rio Grande to constitute normal district No. ten (10). The counties of La Plata, Montezuma, Archuleta, Dolores and San Juan to consti- tute normal district No. eleven (11). The counties of San Miguel, Ouray, Hinsdale, Mesa, Delta, Montrose and Gunnison to constitute normal district No. twelve (12). The counties of Chaffee, Lake, Park, Pitkin, Eagle, Sum- mit, Garfield, Eoutt, Rio Blanco and Grand to constitute normal district No. thirteen (13). Provided, That new counties formed within the limits of any institute district 44 SCHOOL LAW OF THE Held ;vnniially. Executive committee. One dollar registration fee, Five per cent, added to standing. County com- missioners to appropriate $2 for each person attending. Normal insti- tute fund. Custodian. Appropriations payable to custodian. shall be a part of said district. A normal institute for the instruction of teachers and those desiring to teach may be held annually for a term of not less than two weeks in each normal district of the State. The county superin- tendents of each institute district shall annually select not more than three of their number as an executive com- mittee, who, with the advice and consent of the Superin- tendent of Public Instruction and the president of the State Normal School, shall determine the time and place of holding such normal institute, and shall select a conductor and instructor for the same. To defray the expense of said institute the executive committee shall recjuire the payment of one dollar registration fee for each person attending the normal institute, and each county sui^erin- tendent is hereby authorized to add five per cent, to the average standing in examination of teachers who shall attend the normal institute from his county. When a normal institute of not less than two weeks is held in any institute district of the State the executive committee in charge shall certify to the boards of county commissioners of the several counties within the district the number and names of the persons attending said institute from their respective counties, and it shall be the duty of the board of county commissioners of the county where such persons belong to appropriate the sum of two dollars for each person so certified. The funds arising from registration fees and appropriations of county commissioners shall be designated the ''Normal institute fund," and some county treasurer, whom a majority of the county superintendents of the district shall designate, shall be the custodian of said funds. The executive committee shall, at the close of each institute, transmit to said custodian all funds received by it as provided in this section together with the name of each person paying a registration fee. The executive committee shall also report to the several boards of county commis- sioners in the district the name and address of the custo- dian of the "Normal institute fund." On the receipt of such notice the several boards of county commissioners shall issue warrants for the appropriations provided in this section, payable to the said custodian. It shall be the duty of the Superintendent of Public Instruction, annually, when the executive committee of any normal institute dis- trict shall certify that not less than twenty persons have paid the registration fee, and have received instructions during the session of the institute, to certify the same to the Auditor of State, who shall forward to the custodian of STATE OF COLOEADO. 45 the "Normal institute funcr' of such district a warrant on Auditor to the State Treasurer for the sum of fifty dollars, to be paid Sale treas- out of any money appropriated for that purpose. All dis-"'®^^"^ *'''^' bursements of the ''Normal iUiStitute fund" shall be upon ah disburse- the order of the executive committee, and no order shall JSTxecuMve^'^'^ be drawn on said fund except for claims approved by said committee. committee for services rendered and expenses incurred in connection with the normal institute. It shall be unlawful Quauficatious , p 11 • j^-j_ j_ £ T £ • of conductor to pay any one from the institute rund tor services as con- or instructor. ductor or instructor of such institute, who does not hold a certificate or qualification for such work, issued by the State Board of Education, upon the recommendation of the State Board of Examiners; Provided, That a member of the State Normal School faculty shall be ex officio a conductor of normal institutes. APPEALS. Sec. 82. Any person aggrieved by any decision or order Made within of the district board of directors, in matter of law or fact, * ^^^^ ^^^' may, within thirty days after the rendition of such de- cision, or making of such order, appeal therefrom -to the to county county superintendent of the proper county. superm Sec. 83. The basis of the proceeding shall be an affida- By affidavit. vit, filed by the party aggrieved, with the county superin- tendent, within the time for taking the appeal. Sec. 84. The affidavit shall set forth the errors com- set forth 1 • 1 p • 1 • T • errors. plained or, m a plain and concise manner. Sec. 85. The county superintendent shall, within five Notify secre- days after the filing of such affidavit in his office, notify a^vetS'ys.''^ the secretary of the proper district, in writing, of the tak- ing of such appeal, and the latter shall, within ten days after being thus notified, file in the office of the county Transcript aied superintendent a complete transcript of the record and pro- "^^^^^ ^^'^ '^^y®- ceedings relating to the decision complained of, which shall be certified to be correct by the secretary. Sec. 86. After the filing of the transcript, aforesaid, in Notify aii his office, he shall notify, in writing, all persons adversely ^*^*"'^" interested, of the time and xDlace where the matter of the appeal will be heard by him. Sec. 87. At the time thus fixed for hearing, he shall Hear testimony hear testimony for either party, and for that purpose may decisions, administer oaths, if necessary, and he shall make such de- cision as may be just and equitable, which shall be final, unless appealed from, as hereinafter provided. 4() SCHOOL LAW Ol' Till'. Aii.y iMMsoiis Skc. SS. Any [HM'son or dislrii't hoard Mur..f Miiy docisioii or order of tlu' coiinty siiperiiitendcnt, in intmui.ut'Inlii uuittcn- oi' liiw or Uwi, iiiny, within thirty days aftor tht> "'''"""'• rouditit)n of such iU>c'isi(Mi ov making- of smdi order, appeal thiM'efrom to the State Board of iOthication, in the same niannt>r as provided in this act tVtr takinu' a}ip(>als from tlie distrii't ln)ard to \ho eonnty snjHM-inttMident, as n(>arly as inoHHoof applieabK>. In ease of an appeal. whiM\> a trial has Ikhmi i'Imn"shai'i"" had l>efort> llu> <'onnty su|)erint(MuhM\t and a decision hw'isorii.i of riMuhn'ed, tlu' Stati> boanl shall examine a transcri])t of i'i'j|j''y^\"\'i|['^f'* such i)roceetlin,u' and render a det-ision therefrom, but no otiitMi-iis.-s new ti'stimony shall be adinittt>(h In other cast>s of ap- ''/'"'!'""'■ Pt''>l tlu> board may riHiuin* of th(> i)arties such i)apers and im.iiio.u\ii.>iits. docunuMjts as may hv tlu)U,Liht ntH'i^ssary, and the board oil n\'.' "''"'" shall have powiM' to administtn- oaths through its president. nooLston of 'riie ilecision of the hoard, or a majority of said hoard, ir,."t!iuri."' shall Ih' rendeitnl l)y tlu' pr(>sident. and snt'h tleeision, ,\i>i>iioiini for when ma(h\ shall he tinal. When an a[)pHt'ant for a cer- IiKKru'vlui, iiiii.v titieate at a r(\uidar »>xannnation shall t\>el a,uuriev(>d at the "'■'""""• decision of tht< county su[)t>rintt'ndent, antl shall a])peal to guostion.-t Ihe Slalt> hoard, the cpiestions used and the answtn's oiven oxi'miiiio.i. "^ shall he exannued by the hoard, and if the decision of the oooisiou e»mntv sup(>rinttMidiMil In* rtwt'rstHl, thi> State hoard shall si'Itoirmni iwsue tt> the ai>pellant a certitii-at(> of such tirade as the shall issno 11 answers shall warrant; rroridcd. That a irood nu>ral eliar- 0(MiltU"llt(>. . Ill actiM" and succt^ss as a teaciier hv shown. No ju.iKuioiit Skc. SI). Nothing- in this act shall he so constriunl as nMuionHi". [o authorize t>ither tlu> county sui)erintendent ov the State hoard to render a jutliiiueut for money; nt>itlu>r shall they ln» allowtnl any other compensation than is allowed by law. All uet't'ssary postaii'e must t'lrst he paid by the party ft^U'ii'rievtHl. seUODl- IMSTKUT HONDS. Notii'Ok'tvtMi Sl'H'. iH). On the])etition of twentv U\ual vott>rs of any twVntIv voiVis. si'hool district, tlu> s(»cretary of saiti district sliall n'ive votonm.vi.o notii'e not less than twenty days before any reuular i>r n-KuVui'o"' sptH'ial nu^etinu- held under the provisions of this chapter, moothlvr. *1^"^ *'^*' questiim of e^mtractinu- a bonded debt for the [>urpose of in'eetinii' and furnishinu- school huiUlinos, or puri'hasiuLi' un>untl. or for fundinu' tloatiuu' debts, will be NoiuMnovoitMs submit tinl to such luuditietl voters of the distrii't as have OXOOpt SlU-h lis •) 1 liil ••il 4 !• il -J hiivovmi.t paul a si'lu)ol tax tlierein m the year next priH-edinu' the said xohoohi... nuH>tin,u'; ProndnL That it shall he lawful for districts of the first and sei-otul class to hold special mtH'tin^s for this purpose, in tlu^ same manner as is proviiled in this chapter STATE OF COLORADO. 47 for districts of the third class. Any person oflf'orini^ to vote may he challenged by any legally qualified elecitor of the district, and any one of the judges of election shall thereupon adnnnister the person challenged an oath, as follows: "You do swear (or affirm) that you are a citi/en ouui. of the United States, or that you liave dcu-lared your inten- tion to become such; that you have resided in. the State of Colorado six months immediately preceding this election; that you are twenty-one years of age; that you have resided in this district thirty days next preceding this election; and that you have paid a school tax within this school district during the past year, and that you have not voted at this election, so lielp you Clod (or under tln^ i)ain,s and penalties of pen-jury)." If he shall refuse to take such oath or affirmation, his vote shall l)e rejected. The electors af(n-(>.said shall first agrcna, by a majority vot(^, on the amount of indebtedness to be created, if any (but in no Nou,n exceed case shall the aggregate amount of bonded in(lebtednesSo{*vaimitioti. of any school district exceed three and one-half per cent, of the assessed value of the property of such, district), and shall then proceed to vote by ballot "For the bonds," vote by imiioL or "Against tlie bonds," and tlie ballot box for this purpose sliall be kept o|)en, as provided in section forty-four (44) of this act; and if it appear that a majoi'ity of all the votes cast are "For tlie bonds," the board of directors, as soon as practicable, shall issue coupcm bonds of the district, bear- interest not to ing interest not exceeding eight per cent, per annum, per^ce^nt!^"** payable semi-annually, and redeemable at the pleasure of Redeemable the district, after five years, and payable fifteen years f roni of diHMcr date, the principal and interest payable at the office of the P'^yi''''' ';'' treasurer of tlie (bounty in which the said district may be yuer'n office or situated, or the interest may be made payable in the city'" of New York, at the option of the holders thereof, and the cancelled coupons shall be at the disposal of the district board. Sec. 91. Whenever any school district shall issue bonds Registered in under the provisions of this act, all such bonds shall, pre- or^'o^co?'''**" vious to being negotiable, be presented to the recorder of the county, to be duly registered by him in a b(X)k kej^t for that purpose in his office, noting the school district, amount, time of payment and rate of inten^st, and all such l)onds shall state on their face that they are issued under the provisions of this act. Sec. 92. Whenever any school district shall issue oountycom- bonds under the provisions of this act, it shall be the lurbond'tnxesf 48 SCHOOL LAW OV THE Surplus li. K>i Uxlislricl. Tiixos for priiiclpul. Mmmiht (if l)ii.vm('ul. Uoiuls issued vmdor ((>rri- ((U-iiil hiws. Miiiinor of r(Ml(H; lioiuls issut>(l iinr terri- torial liiws. (hily (»r \ho hoard of ('(miiiiissioiKM's of the county in which said disli'ici may be situated, to levy and assess a special lax on all the taxable property of such dislrict in amount sutHcieid to ])ay the interest cou])ous thereon, when 1h(> same shall become {\\\v accoi'diuu; lo their tenor and elVecl, and Ihe county ti'easui'er shall colUn-t the same as ollici- taxes are collected, in cash oidy, keepiiiii^ the sam(> S(>parate IVom otlii'i' funds I'eciuved by him; and if thei'e shall be any sui-plus after paying- [tlu^ coupons and] the ex|)enses of collect inj^' such special tax, the ti'i'asurer, shall, without delay, pass the same to the credit of such school district, and such fund so ])ass(Hl to the credit of tlu> district shall be subject to the disi)osal of the board of directors. And aft(>r the expiration of five years next after the issue of such bonds, and annually thereafter until the full payment of said bonds, the county commis- sioners shall provide by taxation, and shall et)lhH't at least ten per ciMitum and not mon> than twenty i)er centum of i\\o ])riiu'ipal of such bonds, which anu)unt shall be assi>ssed and colh^-ted the same as the tax for the payment of the int(>rest coupons, and when colUn'ted shall be turned over to the treasuri'r, of such school district, such money to be iised only in the paynuMit of such bonds, in manner as follows: The tteasurer of such school district, imme- diately after receiving- the numey as aforesaid, shall adver- tise in some news])aper j)ublished in his county, if there be any. for four successive w(>eks, that, on a certain day named in the advcn-tisement, he will pay certain of the dis- trict bonds, said boiuls to b(^ descril)ed in the advertise- ment by nund)er ami amount, and the advertisement shall further state that after the day so tixcnl for payjiu>nt the intei-est on the bonds described as afoi>>said shall cease and determine. The said payment shall be made in the otHce aiul in the preseiu'e of the tri'asunM* of the county, who shall canceh the bonds riHleemed, and a minute of such canc(>llation shall be made on the books of the county iHM'order, aftei' which tlu\y shall be at the disposal of the disti'ict l)oard. The ])rovisions of this section for levying and coll(H"tinti,' taxes, and foi' the ])aymiMit of interest coupons, shall be ai)])lical)le to all school ilistricts that have issued bonds under th(> pi"o\isions of the laws of the Ti'rritory of (\)loi'ado. Si'X'. *>.'{. In all districts that hav(^ issued bonds undin* the i)rovisions of the laws of tlie Territory <»f (\)lorailo, the treasurer of the district, immediately after receiving STATE OF COLOEADO 49 the annual installment of the fund for the redemption of said bonds, as provided in section ninety-one (91) [ninety- two], shall go into the market, and, at the lowest price for which he can obtain such bonds, shall use such fund in the retirino: of such bonds to the extent of such fund; Provided, That the said treasurer shall not pay more than shaii not pay five per cent, premiuiji on any bonds of his district, and "ent premhmi. any balance of said funds remaining in the hands of said inveBt balance treasurer shall be invested, as nearly as possible, in United states wis. States bonds or State bonds of Colorado. Sec. 94. All United States or State bonds, which may come into the hands of any district treasurer, under the provisions of this act, shall be duly recorded in the books of the district and deposited in the safety vault of some Bonds bank within the State, selected by the district board. ^„^/^rS" The interest coupons of said bonds shall be duly collected by the district treasurer, and the proceeds turned over to the county treasurer, to be used in the i^ayment of the interest interest coupons of the bonds of such district, and the ^f'l"'"'"''''' annual tax for the payment of the interest on said dis- trict bonds shall be proportionately lessened. Said United States or State bonds shall be sold by the district board at Bonds sold, the best market rates, and the proceeds thereof used to redeem the bonds of the district, when the same become due, or when they can be bought at not to exceed five per cent, premium. Sec. 95. No change in the boundary lines of such no change in school district shall release the taxable real estate of the releases any district from assessment and levy of taxes to pay the EondTa^x.*'^"™ interest and principal of such bonds, and if there shall be any change of the lines of such school district, so as to leave any portion of the taxable real estate of the district, out of the district, which was subject to taxation in the district at the time of the issue of such bonds, the assess- ment and levy for principal and interest of such bonds, shall be made on such projjerty as if it were still within the district, and if there shall be any change of the lines of such school district, so as to annex any taxable real estate, after the issue of such bonds, the real estate so Property added annexed shall thereafter be subject to the assessment and uabil fo? t"x. levy for principal and interest of such bonds. Sec, 96. The treasurer of the county shall receive the compensation same compensation for the collection of such special taxes treasurer. as he does for other school taxes. 4a 50 SCHOOL LAW OF THE Bonds sealed and counter- signed. Repealing clause. Bonds refunded ■\vith consent of owner. New bonds may bo issued for payment of bonds due. Can not be sold for less than 98 per cent, of par value. Interest not to exceed eight per cent. Time not to exceed ten to twenty years. Method of pro- cedure same as under the laws of 1887. Levy for the redemption of bonds. Sec. 97. All such bonds so issued shall be signed by the i)resident of the board of directors, and shall have the seal of the district attached, and shall be countersigned l3y the county treasurer. Sec. 98. An act entitled "An act concerning school bonds," approved January 29, 1872, and all acts amenda- tory thereto; also, an act entitled "An act to amend, revise and consolidate the acts relating to public schools," ap- proved February 11, 1876, and all other general laws incon- sistent with this act, are hereby repealed. Sec. 99. It shall be lawful for the board of directors of any school district which has a bonded indebtedness to refund the same, with the consent of the bond owners, in bonds bearing a less' rate of interest than the bonds so refunded, and running for a longer time; Provided, That in case bonds become due, and the owners do not consent to a refunding of the same, it shall be lawful for the board of directors to issue and sell new bonds for the payment of the bonds then due; Provided, further, That such new bonds thus issued shall not be sold at a less price than 98 per cent, of their par value. The bonds issued to take up and rei^lace the district bonds which are to be refunded, and the bcnids issued for the payment of bonds due, shall bear interest at such rate as said school board may deter- mine, not to exceed eight per cent, per annum, and shall be redeemable at the pleasure of the district board, in not to exceed ten years, and payable in not to exceed twenty years from the date thereof, and the date after which said new bonds are redeemable shall be plainly written or printed on the face thereof. Sec. 100. All the provisions of the laws of the State of Colorado, now existing, relating to the dvities of district and county officers in the issue and payment of the district bonds, and relating to the assessment and collection of taxes for the payment of the interest and principal of school district bonds, shall be held to apply equally and in like manner to all matters pertaining to the issue and payment of bonds issued under the provisions of this act, except that the time when taxes shall be levied and col- lected for the payment of the principal of said bonds shall be as hereinafter provided. Sec. 101. At the time provided by law for the levying of county taxes in the year next preceding the date at which the first installment of said bonds shall mature, and STATE OF COLOEADO. 51 every year thereafter until the whole amount of said bonds shall be redeemed, the board of county commirjsioners, of any county in which bonds shall have been issued under the provisions of this act, shall levy a tax sufficient to pay not less than ten pe?" centum nor more than twenty per centum of the principal of said bonds, and the county treasurer shall collect the same as other taxes are collected, and shall pay the amount so collected to the district treas- urer as is now provided by law. Sec. 102. Provided, Jwivever, That no bonds shall be vote of the issued under the x^rovisions of this act until the question ^^°^ ^' of refunding shall first have been submitted to, and a.])- proved by, the qualified voters of the district, as is now, or may be, provided by law, except' that the electors shall vote " For refunding," or "Against refunding," instead of " For "the bonds," or "Against the bonds." CHAPTER LXXXVIII., REVISED STATUTES. PUBLIC CONTEACTS. AN ACT TO PREVENT FRAUDS IN THE LETTING OF PUBLIC CONTRACTS. APPROVED FEBRUARY 3, 1872. Section 1 . Whenever any officer of this State or of any no officer let- county, city, town, or school district therein, shall be ^hau^have^"'^ charged with the duty of making any contract for, or on l^ereln. behalf of this State, or of any county, city, town, or school district therein, shall be obliged to j)ay any sum of money to any x^erson whomsoever, and whenever any such officer, as a member of any board of auditors, commissioners, or directors, or otherwise, shall have any vote or voice in awarding any such contract, it shall not be lawful for any such officer to become in any manner bound for the fulfill- ment of such contract, or to take or receive any j^art or portion of the money specified in such contract, or to be in any way, manner or degree interested in such contract, excepting in his official rex)resentative capacity. Sec. 2. Whosoever shall offend against the provisions penalty. of this act shall be imprisoned not exceeding six months, and fined not exceeding two thousand dollars, and shall be removed from office. '.)Z SCHOOL LAW ol' riiK, AN M'V 'I'd I'KUVIIil'; I'OK 'I'lIK S'l'HUY Oh' 'I'lIK NA'I'IMiK ill' A l,( '( )ll( )l,l( ! UlilNKH ANI> NAIfCO'l'ICS, AND 'I'lllCIH. KI''I''K( !'rs I'l'ON rill', HUMAN SVS'I'KM. AI'l'lt(IVKI) AI'UII, I, IHH7. lie it fiiiiclcd liij I he (Ifncnil AxHCiiiltlji of I hi Shite of < 'nlorado : SlU'l'ioN I. 'I'li.'il llir ii.'itui'c (iT ;il('(tli()lic drinks and iiarcdl ifs, and spcrial i iisl iiicl ions as to t licir ctVccis upon I lie liiiiiian syslcni. in ('(Uiiiccl ion wit li I lie several divisions of t lie sulijcci of pli.Vsi(ilo.!j,'y and liyniciic, sluill he included mnlMl'm'iiooiM '" ""' l)ra.nclies oj' study (aun'lil in llie public scliools ol" llie Slate, and shall Ix^ sludi(>d and tau^liti as tlioroUi^lily and ill (lie same uiannei' as oIIkm' like re(piired hraiiclies are ill said schools, hy ihe use ol' texl hooks, desi^iiali'd hy Ihe hoard of directors of the respecl i\ c school dis- Iricls. ill Ihe hands ol' pupils where other hranches are thus studied in said schools, and l»y all pupils in all said schools t hi'oiiuiiout the State. i..,i.v..r..m..-,s. «^,,,. o r|.||_.|, j, j.,|j||| 1,^, ,,|^. ,,j,|,^, ^^,- ,||^. pn.per ollicers in coiit roj ol' any school, described in tlu^ forej^'ointi' S(>ct ion, to cid'orce the provisions of this act, and any such ollicer, school director, coiiunilie(>. superiniiMideut or teacher, i''"ii'>''" "!■ who shall reruse. tail or nei-iecl to couiplv with Ihe re- (piireinents ol' t his act, ol' shall n«'L;lect, reliise or tail or I to I make proper provisions for tli(> instruct ioii re(piir«>d, and in the manner sp(>cilied by th(> first siM'tion of tliis act, h)i' all pupils in each and every school uiuUm' his or her jurisdiction, shall be remoNcd Iroiii ollice, and the vacancy tilled as in other cases. m-Kl'x'l. Itoiiinvo.l IrcMM olUr AN AC r lU'.l.A'I'lNO 'I'O I'lIK Hl'.I'OlCrs OF Tin: Ol'l'ICKKS Ol'' STATK lODlICATIONAL AND HKl'OKMA'rOKY INSTITUTIONS. Ari'UOVKn FEU. U, 1881. lie il ciKirled hy ihe Gvncral Asseinhli/ of the State of Colorado : Skction 1. It sliall b(> the duty of tlu> Pn^sideut of tli(> Statt> University, the l*i'esid(Mil of the Stali^ School of I\liii(>s, th»> President of tlu> Stat(> Auricidlural (\)IK\n'(>. and the Principal ol' tli(> Mute and Pliiul lnstitut(\ to iui>nniiii make a biennial report to ilu^ Superiuleiuleut of Public Instruction, on or liel'ore th(> first day of December of each year precediue- (he nu'ctiiiij," of the ,e(>iieral assembly. r.-IM.rl. K(M>otl iiiuiii. These reports shall I'ontain a histt)ry of the ius(i(u(ioiis STATE OF COLOEADO. 53 reported for the two years; shall show the number of pro- fessors and teachers employed and the salaries of each, the number of students in attendance each term, the num- ber in each of the several departments, and any other items concerning the educational and financial condition of the respective institutions which the officers making the reports shall deem to be of public interest. Sec. 2. It shall be the duty of the Superintendent of simii i)o Public Instruction to publish the reports made in pursu-""' ""''' ance of this act, with his bienidal rejjort to the governor; Provided, That he shall not publish more than ten printed pages for each institution. AN ACT TO KSTABLIHIi AKBOK DAY. APPKOVED MARCH 22, 1889. Be it enacted by the General Assembly of the State of Colorado: Section 1. The third Friday in April of each year TWrd Friday shall be set apart and known as " Arbor Day," to be ^"^ ^''"^' obsei-ved by the people of this State in the planting of forest trees, for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of the day so established; Provided, That the proviKo. actual jjlanting of trees may be done on the day desig- nated, or at such other most convenient time as may best conform to local climatic conditions, such other time to be designated, and due notice thereof given, by the several county superintendents of schools for their respective counties. Sec. 2. The day, as above designated, shall be a holiday himw ix, a in all public schofjls of the State, and school officc;rs and ''"'"'^'^y- tea('liers are required to have the schools under their touchorw""'' respective charge observe the day by planting of ti-ees, or ;'',','jj"^ve' *" other apx^ropriate exercises. *'>« 'i^y- Sec. 3. Animally, at the proper season, thfi UCATION. APPROVED APRIL 18, 1889. UnliiAvful to oniploy any child under 11 .vcurs nf iini' In IiiImii' din-iri^' scliool lioiirs. Unless s\K'li ehild liiis uttended Ijriviite school. (;uilly "f niisdemeaiKir. Paid into the county treasury. lOvory parent or Ki'iii'dlan reiinired to send child to school. 12 weeks in each year. Unless excused. Be it enacted by the General Assembly of the State of Colorado: Section 1. That it shall be unlawful for any person, persons or corporation to tnnploy any child under the a^e of fourteen years to labor in any business whatever durin,u; the school hours of any school day, of the school term (jf the public school, in the school district where such child is. unless such child shall have attended some jjublic or ])rivate day school where instruction was given by a teacher (lualitied to instruct in those branches required to be taught in the public school of the State of Colorado, or shall have been regularly instructed at home in such branches, by some person qualified to instruct in the same, at least twelve weeks in each year, eight weeks at least of which shhll be consecutive, and shall, at the time of such employment, deliver to tlie employer a certificate in writing, sigiunl l)y the teacher, certifying to such attendance or instruction; and any person, pi^-scms or corporation who shall (Muploy any child contrary to the provisions of this section shall, upon conviction, be deemed guilty of a mis- demeanor, and fined in a sum not less than twenty-five (25) dollars nor more than fifty (50) dollars; and all fines so collected shall be paid into the county treasury, and placed to the credit of the school district in which the offense occurs. Sec. 2. Every parent or guardian, or other person in the State of Colorado, having control of any child or chil- dnni between the ages of eight (8) and fourteen (14) shall he required to send such child or children to a pul^lic school, or private school taught by a competent instructor, for a period of at least twelve (12) weeks in each year, at least eight weeks of which time shall be consecutive, unless such child or children are excused from such at- tendance by the board of the school district in which such STATE OF COLORADO. 55 parent, guardian or person having control resides, upon its being shown to their satisfaction that such child's bodily or mental condition has been such as to Pi"6vent Mentai^^ attendance at school, or application to study for the period required; Provided, That if such parent or guardian is Proviso, not able, by reason of poverty, to properly clothe any such child, it shall be the duty of the school board of the proper district, upon the fact being shown to their satisfaction, to furnish the necessary clothing and pay for the same out tol^r^i^h^'^'^ of the school fund of such district, by warrant drawn as in "fQ^^^^i^^J^^ other cases, or that such child or children are taught at ^^^ f^^'^he home in such branches as are usually taught in the public same out of the schools, subject to the same examination as other pupils of the district. of the district in which the child resides; or that there is no school taught within two miles by the nearest traveled road. Sec. 3. Any parent, guardian or other person failing Any person to comply with the provisions of section two of this act compfy shaii shall, upon conviction, be deemed guilty of a misde- ^nt^y ™/a meanor, and fined in a sum not less than five nor more misdemeanor, than twenty-five dollars for each offense; and all fines so collected shall be paid into the county treasury and placed to the credit of the school district in which the offense credit of school district. occurs. Sec. 4. It shall be the duty of any school director of ifj^^^J^y^j^^ • the district to inquire into all cases of neglect of the duty neglect. prescribed in this act, and ascertain from the person neg- lecting, the reason, if any, therefor; and he shall forth- with proceed to secure the x)rosecution of any offense Prosecution occurring under this act ; and any director neglecting to ° '^^^ ° secure such prosecution for such offense, within ten days within ten after a written notice has been served on him by any tax- ^^^' payer in said district, unless the person so complained of shall be excused by the district board of education for the umess the per- reasons hereinbefore stated, shall, upon conviction, })q»o^^s excused. deemed guilty of a misdemeanor, and fined in a . sum not Misdemeanor, less than ten nor more than fifty dollars; and such fine. Fined, when collected, shall be laaid into the county treasury and placed to the credit of the school district in which the offense occurs. All actions for offenses committed under this act shall be prosecuted for in the name of The State Prosecuted, of Colorado. Sec. 5. That upon the trial of any offense as charged herein, before any court of competent jurisdiction, if itj^^iicious shall be determined that such prosecution was malicious, prosecution. 56 SCHOOL LAW OF THE then tlio costs in such case shall be a(lju(li2^e(l ati^ainst the complainant and ccjUected as fines in other cases. K(iuivai('nt. ^^jjG. 6. Two wosks' attendance, at half time or night school, shall be considered within the meaning of the article equivalent to an attendance of one week at a day school. AN ACT TO KSTAULISII, GOVKUN AND MAINTAIN A STATE NOKMAL SCHOOL. APPROVED APRIL 1, 1889. Be it enacted by the General Assembly of the State of Colorado: KstHi.iishment SECTION 1. A State Normal School is hereby estab- nmi school. lished at or near the city or Cxreeley, m the county of Weld and State of Colorado, the purpose of which shall be instruction in the science and art of teaching, with the aid of a suitable practice de})artment, and in such branches of knowledge as shall (juidify teachers for their profession; Proviso. Provided, That a donation shall be made of a site for said Doimtionotio State Nomuil School, consisting of forty acres of land iiorus of grouna i-ii. ^ ^ i- for site. with a building erected thereon, according to i^lans and r/pnTu'iiUoiis specifications furnished by the State Board of Education, and to cost not less than twenty-five thousand dollars, ten thousand dollars of which shall be paid by the State, as hereinafter })rovid(Kl. mX.V'coutT()i '^^f'- '^^ ^'^^^^ school shall be under the contrcjl of a of i.o.irii of six board of six trustees: the said board shall ho and is hereby declared a body corporate by the name and style of "The Trustees of the State Normal School," and as such and by pnmoIi',y, 1)0 '^^'^ said name may lujld ijroperty for the use of said school, eu^ " **"'*^'*' "^^ P^^rty to all suits and contracts, and do all things thereto lawfully appertaining, in like manner as munici- pal corporations of this Stat(\ The said trust(>es nnd their successors in ofiict> shall liave perpetual succ(\ssion, shall by 'ill ws' 'etc have a common seal, and may make by-laws and regula- tions for the well ordering and g(jvernment of the said corporation and its business not repugnant to the consti- tution and laws of the State. "ilpoi'uTsix''"" ^EC. 8. The Governor shall, upon the ai)proval of this irustees. yy^,^^ appoiiit, by the advice and with the consent of the senate, the six trustees mentioned and provided in this act, two of whom shall be appointed i'oi- the term of two STATE OF COLOEADO. 57 years, two for the term of four years and two for the term of six years. Their terms of office shall begin from their Terms of office. appointment and qualification, and shall continue for the period for which they shall be so appointed, and until their successors are appointed and qualified. Every two Every two years after the first appointment aforesaid, two trustees mfiteelare to shall be appointed in like manner to succeed those whose ^^ ^yi^o^o.ted. terms are first thereafter to expire. Every trustee so appointed shall take and subscribe the oath of office pre- oath of office. scribed by the constitution of this State before entering upon the duties of his office, which oath shall be ]placed and kept on file in the office of the Secretary of State. Kept on fiie. The Superintendent of Public Instruction shall be, ex officio, a member of the board of trustees of the said State Normal School. Sec. 4. Said normal school is hereby constituted an in- is constituted tegral part of the public school system of this State, and parTolUe shall stand upon the same basis as to apportionment of sys'tem!'''^°°^ State school funds as union high schools, and shall be sub- Apportionment ject as such to the general supervisory powers vested by °* ^°^°°^ funds. the constitution in the State Board of Education. Sec. 5. Subject to the constitutional powers of the State Board of Education, the Trustees of the State Normal genelTsuvll School shall have the general supervision of the State anlTirection ^ Normal School, and the control and direction of its funds of its funds. and the approT)riations therefor. They shall have power Have power to^ I o 11 •;• "^..n -. '- .to appoint a appoint a racuity, consisting or a principal and assis- faculty. tant ijrincipal, and such other j)i'ofessors as may be re- quired therein ; they may also ajipoint such assistant ^fghe^^'s* teachers as are found necessary. They shall also have power to remove said principal or assistant x^rincix^al, or Power to any professor, teacher or employe in or about said school, prSSIioai, and to appoint or employ another or others instead; to empi^oyel.'*'^'^ fix the salaries of each and to prescribe their several duties. Fix salaries They shall, with the advice and consent of the faculty, fh^i^duuei^*^ prescribe the various books to be used in said school, the Books courses courses of study and instruction, which in no case shall I'nstractioSf cover a period of less than three years, and shall make all needful rules, regulations and by-laws for the good govern- Rules, regu- ment and management or the same. by-iaws. Sec. 6. Said board of trustees shall also have i^ower, and it shall be their duty from time to time, as means shall be provided and placed at their disposal, to provide Provide suit- suitable grounds and buildings, either by donation, pur- anlfbundrngs. chase or lease, for the use of said school, and, in their dis- 58 SCHOOL i>A\v oi' tiiio Nomifui iinpii- crclioii. slinll also ni-oNidc jill proper mihI iiccdrul apparfiluH, llltUH, IhioUh, , , . . in- V i \ • I -M I I- il i«uj. l)o<)ks, itrl icU's niid things loi" Icacliiiiu' ami ilhisi rai iii^' tin* l)raiiclu>s I )!' si 11(1 y aiil liori'/cd in said scliool. Sioc. 7. Tlic said hoard of iruslct's shall prcscrihi* (lu» guaiin.'iitioiiH (lualilicalions I'or admission of siudiMits io said normal fur iiiliiilswioii. , , II ,. ... ... Ill 1 school. lrv applicant lor admission shall undergo an i'.xniniiiiiii..ii cxaminalion by 11u> I'aciiKy of said school, and if it shall appear ihai such applicant is not a piM'son of ii^ood moral charactcM", or fails io pass such cxaminalion, such appli- canl shall l)i> r(\j(M't(Ml. Kacli applicant. oxct\i)i as licroafter ])rovi(l(>d, shall, prior io his or luM* adnussiou, also sign I'liiMi and lil(> wii-h the board of trustees a declaration to engnge in lh(> busiiu^ss of t(>achiiii;- in the public schools of this Stat(>. "I"-""""", Skc. 8. Tlu> Stall' Nornuil School shall b(> opiMi, sub- IICI'MIIMH I(>h1- . , . .,.,'., .i.MiiHof iiiiH j(\ct to its reL>ulaiions. to all persons resident in tins State, sixleeii years of a^'c and upward, without char|Li;(> for 0|M.n Io ..Hum hiitioii; aiid to other persons under such reuulatioiiH Jis IKMSOllH Ulmll 1 I I !• -l (• .iivMi.Miic.i til,, bonrd of trustei's may prescribe, upon payment of a rat(> of tuition to lu> fixed by said board, ami without the aforesaid (l(>claration of intention to teach in the |)ublic schools of this State; said board of trustinvs shall also fix iH'on for lul- . 1 ,. ,. ... ,. -i , ,, ,• I ■ i iuInhI.mi i(. tilt' let>s lor adniissi«)n ol i)upils to the prat'tice department pnifll.M- !• • I ill tiopiiiiiuiMii. ol said normal scliool. Ki...-iion..f Six. '.>. The board (if trustees shall elect from anu>ni'' .^'•'"•- lluMr niiml)er. at tlu" lirsi and t>\('ry succeediUi;' annual I -.i.!....! meet iiiL;' of said board, a |)r(>sident, who shall preside at all nieetinL;,s and perform such diitit's as are incumbent upon such ollice. T\w board shall also elect, a secretary, who shall not be a iiu>ml)er of the board, nnd who shall hold (illice for the term o\' one year, and until his successor s<.(i-.. till. V chilli shall be <>lected ami (pialilied. 'V\\o said secretary sliall nive bond, in a sum to be fixed by the Su})erint(Mi(lent of I'ublic Instruction, for the faithful haudlinii,- and truo accountinii,' ami didivtM-y of all moneys and pro])erty of said scli(M>l coming to his hands or control, which bond "•""I |>'""|- shall bt> lih'd with the St>cretary of State, after a[)proval of the suri'ties thereon by tlu> said board of trustees. No si'dfiiiiy .nil secretary eh>cted as afort'said shall reciMve into his })ossos- I1m'.i'.'!v urpioi'- ^Mu or control any money or pro[)erty of said normal JiiiVii'i'mmui'is' school until aft(M- he sluUl have executed his bond ami the oxwuio.i. same shall havi> been ap[)roved and IiKhI as aforesaid. Tlu^ uoilsmov. Stat(> 'l^'i>asurer shall bt>, r.r <>_///('/o, treasurer of the Stati> Normal School. So.'ii'liuy, STATE OF COLORADO. 51) Sec. 10. The State Normal School is authorized to grant diplomas to such students as shall have com^jleted U)™tudents*™''^*' the full course of instruction in said normal school, shall have been recommended by the faculty and shall have passed a final examination upon the branches embraced exlmfuation. in the prescribed course of study; such examination to be conducted by the examining board, consisting of ^^^^^'^l^^'^" the State Superintendent of Public Instruction, a examining county superintendent of schools within the State, ap- pointed for the purpose by the Governor, and the principal of said school. Such diploma, when signed by the mem- bers of said examining board and the president and secre- tary of the board of trustees, shall be evidence that the receiver thereof is a graduate of the State Normal School, Graduate of and entitled to all the honors and privileges of such Bchooi. graduates. Sec. 11. The said diploma shall license the receiver Diploma shaii thereof to teach in any of the public schools of this State, io teach.'""'*'''"' when a certified copy thereof shall have been filed in the office of the county superintendent of schools in the county wherein such graduate is teaching or proposes to teach. Such license may be annulled by the State Sui3er- May be intendent of Public Instruction, who shall give immediate 'i""^"^'^- notice thereof to the several county superintendents of ^^ive notice, the State, and such license may be suspended in anyMaybesus- county by the superintendent of schools for such county, ^n"tounty pending the action of the Superintendent of Public In- struction. Sec. 12. No fee shall be charged or received for any no fee shaii diploma or certificate authorized by this act. ^^ charged. Sec. 13. The trustees of said normal school shall bcxrusteeBto entitled to receive five dollars per day and their necessary ^1^"^^® *^' traveling expenses, when actually employed in the per- formance of their duties as such trustees. Sec. 14. The board of trustees of the said normal Trustees have school shall have power to receive, demand and hold for oei^lfdemtud the uses and purposes of said school such money, lands or money ot other ijroperty as may be donated or devised for or thereto, p^'ope'^y- and to apply the same, within the ixjwers conferred by ^ppiy the same, law, in such manner as shall best subserve the interests and objects of said normal school. Sec. 15. The funds and revenues for the establishment Funds and and maintenance of said normal school, for the payment Ittahnnhmlnt of its officers, teachers and employes, and for all purposes nanf;^of"8chooi incident thereto or necessary for the proper founding, appropriated. 60 SCHOOL LAW OF THE Trustees shall tile a report by August 1, each year. Annual report made \ipon| blanks pre- pared by superiuteuilent of public instruction. Number of students, age, sex, etc. Attendance. Curriculum of instruction. Number of students in each depart- ment and class. Names and number of teachers. Names of employes and wages paid each. Financial statement classified and itemized. Estimate of expenditures for next ensuing year. continuance and successful conduct thereof, shall be ap- propriated and apportioned in such manner as the general assembly shall by law provide. Sec. 16. The Trustees of the State Normal School shall make and file with the State Board of Education, on or before the first day of August in each year, a report of the affairs and conduct of said normal school during the year last preceding such report. Said annual report shall be made upon blanks prepared by the Superintendent of Public Instruction, and shall include the following, viz: First — The number of students enrolled " during the preceding year, their sex, age, residence and j^lace of birth. Second — The attendance each day; the average attend- ance for each week and term, and during the year; the number of days the school was taught in the year. Thii^d — The full curriculum of instruction in said school; the classification and departments thereof; the branches taught; time devoted to each; text-books and apjjaratus in use; number of books in the library; require- ments for admission and graduation, with dates and re- quirements for examinations. Fourth — The number of students in each department and class; number of diplomas granted, and to whom; number, names and residence of graduates; number of suspensions and expulsions, and cause of same. Fifth — The names and number of teachers in each class and department, length of time each has been employed, and salary paid to each. Sixth — Names, individual employment and number of all other employes in and about the school, with rate and amount of wages paid to each. Seventh — A full financial statement, classified and itemized, of the business department of the school and corporation, covering receipts and exiJenditures from and by all sources, and in such form as to show the average cost of the school per month for each pui^il, and in gross for the year; cash on hand or deficit at the beginning and end of year. EigJdh — An estimate of necessary exxjenditures, ordi- nary and special, for the next ensuing year. Ninth — Such other particulars as the said board of education may require, necessary . to a fair and complete showing and fair understanding of all the affairs of said normal school. STATE OF COLORADO. 61 Said report shall be signed by the president and secre- Report shaii tary of the said board of trustees, and verified by the oath president. of one or more of their number. oatS. ® ^ Sec. 17. There is hereby appropriated, out of any moneys not otherwise appropriated, belonging to the gen- eral fund, the sum of twenty thousand (20,000) cloHai's, '^'■^^^'^^l^p^'^he ten thousand (10,000) dollars for the completion of the completion school building and ten thousand (10,000) dollars for theoLoiioo/* ^"^ purpose of furnishing the said normal school building '^"'^'^^°^®' hereinbefore provided for, and for the purpose of carrying on the said school during the year 1890; Provided, That Proviso, said apj)ropriation shall not be available until the site mentioned in section one of this act shall have been donated, as therein j)Tovided, and shall be drawn only upon the order of the board of trustees of the State Normal School, approved by the State Board of Education. AN ACT TO PKOVIDE FOE THE ASSESSMENT, LEVY AND COLLECTION OF A STATE TAX, FOR THE SUPPOBT AND MAINTENANCE OF CERTAIN STATE EDU- CATIONAL INSTITUTIONS, MENTIONED THEREIN; TO DEFINE THE DUTIES OF THE COUNTY TREASURER IN CONNECTION THEREWITH; TO PROVIDE FOR THE ELECTION OF A TREASURER OF EACH OF SAID INSTITUTIONS, DEFINE HIS DUTIES AND TO REPEAL ALL ACTS AND PARTS OF ACTS INCONSISTENT THEREWITH. APPROVED MARCH 17th, 1891. Be it enacted by the General Assembly of the State of Colorado : Section 1. There shall be assessed and levied annually state tax for upon all the taxable property in the State, taxes for the cationai*^'^^^' support and maintenance of certain State educational ^'^®*'*"*^°'^®- institutions, as follows: One-sixth of one mill on each dollar of the assessed valuation of the taxable pro^jerty of the State for the use of the Agricultural College and to Agricultural be known as the Agricultural College Fund; one-sixth of '^°^^*^°^" one mill on each dollar of the assessed valuation of the taxable property of the State for the use of the State state school School of Mines, to be known as the School of Mines °*™°®®' Fund; one-sixth of one mill on each dollar of the assessed valuation of the taxable projperty of the State for the use of the State. Normal School to be known as the Normal |^tg^e normal School Fund; one-sixth of one mill on each dollar of the assessed valuation of the taxable property of the State for institiite for the use of the Institute for Mute and Blind, to be known wind.'^'^ 62 SCHOOL LAW OF THE Oounly tro«mii(>r shall hoop »0|>iiriito lu'i'inmts. StHlt< imtUtor sliiill ilriiw wiir- viinl in fiivor of trOllHUI'tM' of rillli) ill.-.v. nUxX with soorotnv) of .stuto. as the Mniv and Blind Fund; such tnxos shall be leviod and colliH'ltHl at tho sanio time and in thi> sann^ nianntM" ])i'«)YidiHl l)y Inw for asst>ssiiu'iit and colKn'tion of t>tlun* Stale taxes. Sec. 2. It shall be the duty of every county treasurer in thi^ Slat»^ to keep separate account of all taxes collected ill piusuaiiiH' i)f this act, and transmit the same to the State Tri>asurt>r monthly as si\pai'ate funds for the exclu- sive use of said Stat(> educational institutions and tlu> Statt> Auditor shall, ujion the oriK'r of tln> ])rt>sident of the hoards of IrustiH's of snch institutions, countersigned by the secn>tary, draw his warrant upon said funds iu favor of the treasurer of the said iustitutiivns respectively. The taxes so collecttnl and paid to the treasurers of the said iustituti(ms shall bi* applied i>xclusivt>ly to the sui)port, ust* and beuetit of the samt^ for payment of salaries and expenses thereof, and tin* enn'tion anil completion of such bnildinu's as shall be deteriniiu>d upon by the several boanls of trnstei>s. Sec. i>. The si>veral boards of trustees of said institu- tions shall each elect a treasurer, who shall hold liis othce fit the pleasure of the board. Ht^ sliall k(H>p a true account of all nu)iu\vs rin-eiveil antl ])aid (»ut by him, and shall pay all warrants iluly siuned by tln> pn^siiliMd and counter- signed by the secri>tary of the board in their order of pres- tMitation; and lu^fore fMittM'ing upon the duties of his otfice, as treasurer, he shall take and subscribe an oatli that he will faithfully perform the duties of treasurer; and shall also give a bond in the penalty of not less than twenty-live thousand dollars, conditioned for the faithful discharge of his duties as treasurer; and that he will at all times keep and render a true ai'count of all ujoneys and other valuabli>s received by him as such treasurer, and of the dispositit>n lu> has madt> of the same; and that he will at all times be ready \o discharge himself of the trust and ti> ilt>livtM' up when requesttnl by said boanl. all moneys, notes, bonds and other valuabli^s entrusted to him: whii'h bond shall havi> two or mort^ good securities, and shall be approved as to its form ami the sutiiciem'y of its sureties by the board of trustees ami the Secrt^tary of State, who shall endorse their approval on the same, and it shall be tileil in the otiice of tlie Secretary of State. No nunnbtn- of the lH)ard of trustees of any of saiil institutions shall be eligible to \\\o otRci> of treasunn-. STATE OF COLORADO. 63 Sec. 4. That general sections numbered 15, 16, 17, 18, ^lause""^ 19 and 20, concerninfjj the State Agricultural College; 2444, 2445, 2446, 2447 and 2448, concerning tlie Mute and Blind Institute; and 3108, 3109, 3110, 3111 and 3112 con- cerning the State School of Mines ; of the General Statutes of the State of Colorado, together with all other acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed. Sec. 5. Whereas in the opinion of the general assembly Emoigeiicy. an emergency exists; therefore this act shall take effect and be in force from and after its passage. AN ACT TO PROVIDK FOR THE PAYMENT OF SCHOOL ORDERS BY THE COUNTY TREASURER, AH SOON AS THERE IS MONEY ON HAND FOR THE PAY- MENT OF TH\i SAME. APPROVED MAKOH 21), 1H87. Be it enacted by the General Assembly of the State of Colorado: Section 1. It shall l)e the duty of the county treas- urer of each county in this State, when there are sufficient funds to the credit of any school district, or to the credit of any school fund of any such district, to pay in full the principal and intertist of any orders which may be on such fund, in the order re- scribe. Sec. 2. Every school within this State may have placed and kept in a consi^icuous x>osition in each department Fiag^tiiree^ thereof at least one American flag of standard bunting, in size, not less than three by five (3x5) feet in size. Sec. 3. It shall be lawful for the school directors of ^°^epa«i each school district in this State to pay for said flags and directors. staffs and to iDrovide for the i^roper care and maintenance of the same, from any special school funds which they may have in their hands or which may be subject to their order, or to include the expense thereof in the next an- nual estimate for school expenses, or in any tax levy for school purposes; and the expense thereof for any public school shall be met by said directors or other officers charged with the duty of raising or apx)ropriating any money for school purposes as any other necessary exj)enses or expenditures for school purposes are raised. Sec. 4. This act shall be held to apx)ly to all institu- Apg'y^tpj^ig^ tions directly or indirectly under the control of the State under control of Colorado or any of its ofiicers, and it shall be the duty °^* es a e. of such officer or officers to see that this act is complied with. Sec. 5. Any person who shall wilfully injure, deface, Misdemeanor or destroy any flag, flag-staff, or other materials placed in destroy. any room or building or upon any building or school grounds for the carrying out of this act. shall be deemed guilt}^ of a misdemeanor and punished accordingly. Sec. 6. It shall be the duty of the Superintendent of ^°i,^^PJ^t^ Public Instruction to publish this act in connection with school law. the school law of this State. 5a BLANK FORMS FOR THE USE OF School Officers and Teachers. No. 1. — FORM OF OATH OF SCHOOL OFFICERS. ( See Sections 13, 22 and 47.) State of Colorado, ) County of f I, , do solemnly swear (or affirm) that I will faithfully perform the duties of of School District No , in the County of , to the best of my skill and ability; and that I will care- fully keep and preserve all records, books and other prop- erty of the said district that may come into my hands, and deliver the same to my lawful successor in office; and, further, that I will support the Constitution of the United States, and the C( )iistitution of this State, and the Laws of this State, made in pursuance thereof; so help me God. D [seal] Subscribed and Hworn to before me this day of , 189--^- ^ p Eemarks. — The foregoing oath should be taken before a county superintendent, notary public, justice of the peace, or some officer duly authorized by law to administer oaths. The county superintendent's oath should be filed with the county clerk within thirty days after his elec- tion, and the oath of district officers should be filed with the county superintendents within thirty days after their election. No. 2. — form of county superintendent's bond. ( See Section 13.) Know all Men hy these Presenis, That we, A B , O D , and E F , of the County of , and State of Colorado, are held and firmly bound unto The People of the State of SCHOOL OFFICEES AND TEACHEES. 67 Colorado, in the full and just sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and admin- istrators, firmly by these presents. In Witness Whereof^ We have hereunto set our hands and seal this day of , A. D. 189 The condition of the foregoing obligation is such, That, whereas, the above bounden A B was, on the day of. , A. D. 189-—, duly elected (or appointed, if that be the case) County Superintendent of Schools of the county aforesaid, for the term of ; Now, Therefore, If the said A B shall faithfully perform all the duties of said office accord- ing to the laws which now are, or may hereafter be in force, and shall render a just and true account of all money or other property which may come into his hands or_ under his control as superintendent of the schools of said county, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as such County Superintendent, then this obligation shall be void; otherwise it shall remain in full force. A B [seal] C D [seal] E F [seal] Signed, sealed and delivered in the presence of L M O P Eemaeks. — The penal sum named in the bond is to be fixed by the board of county commissioners, but in no case shall the sum be less than $2,000. No. 3. — FOEM OF A PETITION OF PAEENTS AND GUAEDIANS WHO DESIEE to FOEM A NEW DI^TEICT FEOM PAETS OF ONE OE MOEE OLD ONES. (See Section 27.) To County Superintendent of Schools, Co unty : We, the undersigned, residents of district (or districts) No , respectfully represent that we desire to form a new district, with boundaries as follows, viz: [Here describe the proposed bounds, following government lines 68 BLANK FORMS FOR THE USE OF as far as practicable.] We further declare that, collect- ively, we are the parents or guardians of at least ten chil- dren of school age, and we hereby certify that the list of names of persons of school age which is attached to and made a part of this petition, is a correct list of all such persons residing in the proposed district. NAME. NAME. • NAMES OF PERSONS OF SCHOOL AGE. SCHOOL OFFICERS AND TEACHERS. 69 Remarks. — Grive post-office address of some or all , signers. The list of children should be carefully filled up by some person interested in the change before the paper is circulated for signatures. No. 4. — FORM OF ORDER DIRECTING A PETITIONER TO GIVE NOTICE OF THE FORMATION OF A NEW DISTRICT. (See Section 27.) Office of ) County Superintendent of Schools, > County, Colorado. ) To a - D ; You are hereby notified that I have received a petition signed by yovirself and others, informing me that you desire to form a new school district of the territory described as follows, to- wit: [^Description as above.'] In order that the wishes of the residents of said proposed district may be ascertained, you will please notify, by per- sonal service as far as convenient, each elector residing therein, and also post notices in three public places (one of which shall be the place of meeting) that such a peti- tion has been made, and that a meeting will be held, nam- ing the time and place of such meeting, to determine whether such district shall be formed. You will, also, please notify me by mail of the time and jplace of such meeting. Respectfully yours, County Superintendent. Remarks. — In the formation of a new district, every step should be strictly in accordance with the law. The notices posted should contain a clear description of the proijosed district. No. 5. — FORM OF notice FOR A MEETING TO ORGANIZE A NEW DISTRICT. SCHOOL DISTRICT MEETING. To all laihom it may concei-n: Whereas, It is proposed to organize a new school dis- trict of that part of county, described as follows, to- wit: [Description.~\ Notice is hereby given, as 70 BLANK FORMS FOR THE USE OF per direction of tlie County Superintendent of Public Schools of said county, that a meeting of the electors residing within the boundaries aforesaid will be held at , on the day of- , A. D. 189—-, at o'clock-— M., when a vote will be taken by ballot, on the question whether or not the proposed district shall be organized. If the vote shall be in the affirmative, a Board of Directors will then be elected. By order of -, County Superin- tendent of Schools. p -p. Dated , 189— Remarks. — After the organization, a copy of the notice and of the proceedings of the meeting should be sent to the county superintendent. The ballot box should be kept open long enough to give every elector an opportunity to vote — never less than three hours. If the proceedings were in accordance with the law, the county superintendent should number and record the district, and notify the secretary of his action. No. 6. — FORM OF BOND TO BE GIVEN BY THE SECRETARY OR TREASURER OF EACH SCHOOL DISTRICT. (See Section 47.) State of Colorado, County of Know all men hy these presents, That we, A B , principal, and C D , and E F , sureties, are held and firmly bound unto School District No , in the county of , State of Colorado, in the full sum of dollars, lawful money of the United States, to which pay- ment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. In ivitness ivhereof, We have hereunto set our hands and seals this -day of — -, A. D. 189 The condition of the foregoing obligations is such, That, whereas, the above bounden A— B was, on the day of , A. D. 189.- , duly elected (or appointed) Secretary (or Treasurer) of School District No , in the county of , and State of Colorado, for the term of SCHOOL OFFIOEKS AND TEACHERS. 71 Noiv, therefore, If the said A B shall faithfully discharge all the duties of said office, according to the laws which now are, or which may hereafter be in force, and shall faithfully apply all moneys which may come into his hands by virtue of said office, and shall de- liver over to his successor in office all moneys, books, papers and property in his hands as said officer, within ten days after the same shall have been demanded by such successor, then this obligation shall be void; otherwise it shall remain in full force. _ seal] seal] °seal] A— : B C D , E F- Signed, sealed and delivered in presence of L M X Y Remaeks. — The penal sum named in the above bond should be at least tioice the amount likely to be in the hands of the officer at any one time during his term of office. The bond must be filed with the county superintendent. No. 7. — FORM OF REQUEST TO BE MADE BY TEN LEGAL VOTERS OF A DISTRICT, TO THE BOARD OF DIRECTORS, FOR THE CALLING OF A SPECIAL MEETING. (See Section 62.) To the Board of Directors of School District No ,in County, Colorado: The undersigned, legal voters ' of School District No. , in county, Colorado, request you to call a special meeting of said district for the purpose of Dated this day of , A. D. 189.- A B D E F G H L M O P Q R S--: T U — V W -- X 72 BLANK FORMS FOR THE USE OF No. 8.— FORM OF NOTICE OF SPECIAL MEETING, ( Seo Sections 62 and 03.) Notice. — A special meeting of the legal voters of School District No , in the County of , called on the written request of ten legal voters (or called by the district ])oard, as the case may be), will be held at (the district school-house or other place) on the day of , 189 — , at o'clock (p. m.), for the pur- pose of (here si^ecify every item of business that is to be brought before the meeting.) A B Secretary. Posted , 189—. Remarks. — This notice should be posted at least twenty days previous to the meeting, in three separate public places within the district, and a copy furnished to the teachers of each school in the district, to be read once in the presence of the pupils. Business not sijecitied in this notice can never be law- fully transacted at such special meeting. No. 9. — FORM OF NOTICE OF ANNUAL MEETING. (See Section 44.) Notice is herehij (jircii, That the annual meeting of the legal voters of School District No , in the County of , will be held (at the school house or other place) on Monday, the day of May, 189---., for the purpose of electing (one or more) directors, as provided Ijy law. The ballot-box will be oijened at the hour of m., and close at the hour of M., and at M. the meeting will be organized for the transaction of any other business pertaining to school interests that may be brought before it. Sccrcfary School District No , Posted April , 189- ' ^""'^ ^- Remarks — The secretary of the district should give at least six days' previous notice of the regular meetings of the- district (see Section 44), and should post the notices and furnish a copy to the teachers in the same manner as for special meetings. SCHOOL OFFICERS AND TEACHERS. 73 No. 10.— FOnm FOR RECORDING PROCEEDINGS OF A MEET- ING HELD FOR THE PURPOSE OF ORGANIZING A NEW SCHOOL DISTRICT. ( See Sections 27 and 28.) ,189.— On the day of , 189--, a petition, of wliich the following is a true copy, was made to X. Y , County Superintendent of Public Schools of county, to-wit: \^IIere copy the petition.li Whereupon the said County Superintendent issued an order, of which the following is a copy, to-wit: [ Here insert a copy of the order. ^ In obedience to which order the following notice was posted, as required by section twenty-seven of the School Law, to-wit: {^Here insert a copy of the notice.^ In pursuance of the above notice, the electors of the proposed new school district assembled at at o'clock -M. The meeting was called to order by A B , and, on motion, C D was elected chairman, and E-- F secretary. On motion, G H was elected to act with the chairman and secretary as judges of the election. On motion of K L.-.- -., the electors began to vote by ballot upon the question of forming a new school dis- trict. The ballot box remained open for the reception of votes from o'clock, M., until o'clock m. Upon counting the ballots, it was found that ballots were cast, of which were in favor of the organization and against. On motion of J K , the meeting proceeded to elect, by ballot, a Board of Directors. The following are the names of the persons voting: \^Here record the names of the persons voting. ] The ballot resulted in the election of C D president, E F secretary, and G H, treasurer, etc., etc. On motion of C D the meeting adjourned sine die. p -pv Attest: E F , Chairman. Secretary . Remarks. — A copy of the proceedings should be sent to the county superintendent, together with the certificate of some elector, that the notice of the meeting was posted in three iDublic places, as required by law. The person 74 BLANK FORMS FOR THE USE OF who posted the notice should sign the certificate of posting. If the district is formed from unorganized territory, the secretary must send with this report a certified list of the names of persons of school age residing in the district. A permanent record of the proceedings should be made in the secretary's book. No. 11. — FORM FOR RECOKDING PROCEEDINGS OF A REGULAR OR SPECIAL MEETING OF THE DISTRICT. 189.— The regular (or special, as the case may be,) meeting of School District No ,in.— county, Colorado, convened at--- , at o'clock (p. m.), pursuant to previous notice given by the District Secretary. The meeting was called to order by the President. The Secretary being absent, on motion of Mr. A , C D was elected Secretary pro fern. Mr. S moved that a tax of two mills on the dollar be voted for the purpose of building a school-house for the district. Mr. F moved to amend by striking out "two" and inserting "five," wdiich was agreed to, and the motion as amended was decided in the affirmative. Mr. D moved that a tax of one mill on the dollar be levied for the purpose of defraying the contin- gent expenses of the district. Motion carried. On motion of Mr. F , the meeting adjourned sine die. j^ -^t Attest: C D , President. Secretary. Remarks. — Forms 10 and 11 are given with a view of assisting the inexperienced. Persons familar with such duties may vary the form, provided that the proceedings are accurately recorded. Much depends on the record of the proceedings of the district meeting; hence it should be correctly made and carefully preserved. Under the law, the voting of a tax for any purpose must be, in each year, "On or before the day designated by law for the county commissioners to levy the requisite taxes SCHOOL OFFICEKS AND TEACHERS. 75 for the then ensuing year," and school boards certify the same to the county commissioners. J^Q^ 22.— FORM OF COUNTY SUPERINTENDENT'S NOTICE OF APPORTIONMENT TO THE DISTRICT SECRETARY. Office of ) County Superintendent of Schools, y County, Colorado. ) To A B , Secretary of School District No , in County: You are hereby notified that I have this day appor- tioned to your district the sum of dollars, of the General School Fund, which amount has been placed to the credit of your district on the books of the County Treasurer. County Superintendent. Remarks.— This notice should be sent immediately after each apportionment. CONTRACT BETWEEN DIRECTORS AND TEACHER. This contract, made the day of— — -^-— — — , 18 , between and the Board of Directors of School District No , in the county of , State of Colorado; Witnesseth, That the said : , who holds a legal certificate to teach in the public schools ot said county, in full force and efPect, hereby agrees to teach the public school in said district for the term of months, commencing on the day of——-—-- , 18 , and well and faithfully to perform the duties ot teacher in said school, according to law and the rules legally established for the government thereof, including the exercise of due diligence in the preservation ot school buildings, grounds, furniture, apparatus, books and other school property. 76 BLANK FORMS FOR THE USE OF In consideration of said services, properly rendered, the said directors, in behalf of said school district, agree to pay the said monthly the sum of dollars per school month. Done at a legally convened meeting this day of 18 [seal J Teacher. [seal] [seal] [seal] Directors of School District No Count I/, Colorado. INDEX. INDEX TO CONSTITUTION. B BOARD OF EDUCATION— Aet. Seo. who shall constitute IX. 1 BOARD OF LAND COMMISSIONERS - who shall constitute IX. 9 duties; general provisions IX. 10 COMPULSORY EDUCATION- provisions concerning IX. 11 COUNTY OFFICERS- election of XIV. 8 vacancy in office, how filled XIV. 9 qualifications XIV. 10 COUNTY TRBASURER- duties in relation to school funds of county IX. 4 election of •. XIV. 8 COUNTY SUPBRINTBNDENT- term of office; duties IX. 6 ex officio land commissioner IX. 6 election of f. XIV. 8 vacancy in office, how filled XIV. 9 D DEBT- of school district by loan XI. 7 contracted only by vote of electors XI. 7 E ELECTORS - qualifications of VII. 1 sex no disqualification in school elections VII. 1 qualified elector only eligible to civil or military office VII. 6 F FUNDS-PUBLIC SCHOOL OF THE STATE- interest only expended how distributed among counties cannot be transferred to other fund custodian how invested; loss, how supplied from what derived contribution to sectarian institutions prohibited IX. 3 IX. 3 IX. 3 IX. 3 IX. 3 IX. 5 IX. 7 80 INDEX TO CONSTITUTION. P I'UbLIC INDEBTEDNESS- Art. Sec. restrictions concerning XI. 1, 2 PUBLIC SniOOLS- providinK for e.stablishiiient of ; . . . . IX. 2 a^e of pupils who may at tond IX. 2 at least three months' school in each district IX. 2 Q QUALIFICATION 8- of electors VII. 1 religious test or (iiialifications prohibited IX. 8 of county officers XIV. 10 of applicants for any civil or military office VII. (5 R REGENTS OF UNIVERSITY- election; terms of office; body coriiorate IX. 12 shall elect president IX. 13 shall have control of funds of University IX. 14 s SCHOOL DISTRICTS- organization of; general provisions IX. 15 SUPERINTENDENT OF PUBLIC INSTRUCTION- president of State Board of Education IX. 1 member of State Board of Land Commissioners IX. 9 T TAXATION - what property exempt X. 5 TEXT BOOK8- prohibition in regard to IX. 16 INDEX. A ACCOUNT- of district expenses to be kept by secretary of warrants issued by district, kept by district treasurer, of each district to be kept separate by county treasurer . . AGT8- to prevent frauds in the letting of public contracts to provide for the study of the nature of alcoholic drinks, etc. relating to reports of the ofEcers of State educational institu- tions to establish Arbor Day to secure to children the benefit of elementary education — to establish, govern and maintain a State normal school to provide for the assessment, levy and collection of a State tax for the support and maintenance of certain educa- tional institutions, etc provide for the payment of school orders by county treas- urer, etc provide for the payment of salaries to certain officers, etc to authorize school directors to purchase flags ACTS REPEALED— Sec. 98, page 50; sec. 4, page 63; sec. 26, page 64. ADJOURNMENT- school boards, adjourned meetings of of district meetings SEC. PAGE. 56 33 58 34, 35 68 39 51 .52 52, 53 53,54 54-56 56-61 AFFIDAYIT— of county superintendent to bill 25 of secretary to census list 54 in case of appeals SB, 84, 85 AGE- of voter at school election of persons included in school census of deaf mutes included in school census of children entitled to attend public school . school age defined '. ALCOHOLIC DRINKS AND NARCOTICS- providing for the study of the nature and effects . ANNUAL MEETING- of state board of education for election of members of school board ANNUAL REPORT- of county superintendent to state superintendent. of school board to county superintendent of county treasurer of district secretary to county superintendent of district treasurer of teacher 2 44 18 51 26 56 58 61 61-63 63 63,64 65 30 37 19 32 45 28 32 33 42 43 10 27 17 31 19 33 35 36 Ga 82 INDEX. AFPEAIjS— heo. page. from couuty suporiiiti'iidont to state hoard, by teacher It) 16 from district board to county suporiiitendeiit 82 15 how taken; affidavit; time; notice to secretary 82-8.') 15 testimony; tranHcript; notice to parties 85-87 '15 from county superintendent to state board 88 4(5 taken within tiiirty days; transcript 88 46 president of hoard may administer oatli 88 46 decision of board final 88 46 by applicant ff)r certificate of examination from decision of county superintendent to state hoard 88 46 questions and answers examined by hoard 88 46 state board may issue certificates 88 46 no judgment for money rendered 89 46 Al'l'OINTMKNTS- of county superintendent in case of vacancy 14 14 of district director l)y county superintendent 2:!, 47 18, 29 of members of hi^li school committee 34 21 of judf;es and clerks of election in first-class districts 44 27 of district director, by hoard in first-class districts 48 29 of time and i)laco of teachers' institutes HI 44 AITOKTIONMENT OF SCHOOIi FUNDS- by superintendent of public instruction 11 14 by county superintend(int 19 17 by county sup(U'lut,(Mid(^iit of money recc^ived from special uu- paiil lax(is due a disi rid on ilatd of its division, to be made monlhlj ; basis of siii'h division 32 23 first, after the orH;anization t>f new district, per capita 32 23 in July; basis 72 41 basis of all appoil ionmeuts 72 11 by county suiii'riiit('ndent,s, according to census 73 II by county supcMintendents, wlieii tlistriot fails to rf'port, census 71 41 three months' school in each ilisLriet, or no portion of school fund 7."i 42 AKHOi: DAY - act establishiiiK ■'•t ASSIiSSOU OF COUNTY- arrange schedules and l)ooUs for s|)ecial school levy 67 39 assess property in dist rict found on first day of May 67 39 ASSISTANT LJUUAIUAN- appointnient; duties; sahu-y 12 14 AVEKAOES- mothod of obtaining; 56 34 B BIENNIAL RErOKT - of stale superintendent, when jnade; contents 10, 2 13, 53 of president of State University to slate superintendent 1 .52 of president of State School of Minos to state superintendent 1 52 of president of State Agricultural College to state sup((rin- tendent 1 52 of i)rincipal of the Mute and Blind Institute to state sup(!rin- tendont 1 52 BOARD OF DlltECrrORS -See Directors. SEC, PAGE. 1 10 2 10 ■A 10 5 11 89 46 88 46 INDEX. 88 BOARD OF EDFCATION- who shall constitute meeting and powers of State diploma issued by State diploma revoked by shall not render judgment for money appeal to, from county superintendent; liow conducted shall issue to teacher certificate upon reversal of cciunty superintendent's decision 88 46 BONDS OF OFFICERS-See Official Bonds. BONDS-SCHOOL DISTRICT- meeting for purpose of voting on petition of 20 legal voters. . notice given 20 days before regular or special meeting taxpayers only can vote first and second class districts may hold special meetings to vote challenge oath of challenged voter amount of indebtedness decided by majority vote aggregate bonded indebtedness not to exceed li!4 per cent, of valuation form of ballot by whom issued interest not to exceed 8 per cent redeemable, when payable, when registered in county clerk's office before negotiated interest paid, how; by whom principal, how paid issued under Territorial laws manner of redemption 92, 93 change in boundary lines of district does not release property from bond tax property added to district is liable to tax to pay bonds issued before such addition shall be sealed, signed and countersigned refunded with consent of owner new, may be issued for ijayment of bonds due new, issued in payment for bonds due, not to be sold less than 98 per cent, of par value interest not to exceed eight per cent when redeemable question of refunding shall be submitted to electors before bonds are issued 102 51 BONDS-UNITED STATES AND STATE- owned by district; where deposited; shall be sold by district board to redeem district bonds interest collected by district treasurer BOOKS- county superintendents blank books furnished by county text-books in schools not chsinged (proviso) furnished to indigent children immoral books record book of district secret9,ry register kept by teacher 90 46 90 46 90 46 90 46, 47 90 47 90 47 90 47 90 47 90 47 90 47 90 47 90 47 90 47 91 47 92 47,48 92 48 92 48 93 48,49 95 49 95 49 97 50 'M 50 99 50 99 50 99 50 99 50 94 49 94 49 20 17 25 19 51 80 51 31 51 31 54 32 61 36 SI INDKX. liOllNDAHY of iliHl.iicI,; 1'ouiil.v HUprriiili'iKli'Ml (ii iiHiTrliiiii I n(l;ir.v.. ol propoHc^l iiiiw (liHl-ricl, Hp()n'Mi('il in iidilidii I'lmiiKcof, (l()((H not loloiiHf^ jir()|) connly Hnpi'rinlcndi-nl, \>y Huciclary liHlH examined hy county Hnpi'rmtcii(lciit of l)liii(i and dnaf iiniliw Hcluxd fonHUH (l(^iiM(^(l cioin'ii'K'A'rios niv(*M hy conn I y HnpcriiitoiidtMit ITp, It trnipoiniy, liow iHHniid; condit-ionH ir>, t( unidnH of of lik<»Ki'ad(i lii'Ht cluHH, liow ronowcfl, nwokrd; canno by whom JHHUnd in joint diHtrictH expiration of, dnrinK l(irm liow I'xI-endod vvliat bianchiw liiUKlit without State board may iwHue in <-aHe of appeal COMI'KNSA'IMON of deputy connly snpcrintiMKlenI 1 of county Hupeiin((ULH()I{Y KDUCATION actr reiatiiiK to • ■ (!(»R1'()HAT1()N - H(;liool diHlri<'tH bodies corpoi-ale. 10 COUNTY CI. 10 UK file bond of county Buperintciident Hhali noloniit. levy Hliall keop reninler of Hi-bool di.slrict bondn. r(^cord cancellation of redeenu^d boudn COUNTY COMMISSIONIOUS a|)point connly HuperinlcndcMd, wlii'ii pay county HuperinteiulenI, when Mliall provide county HUperinlcndent with ollice, etc levy county ncliool tax hIiuH cauHO special lax (o be b'vieil when diHlric^t failntocfM'- t if y Haine levy special school tax t'w re(iuire of (M)nidy superintendent report of lines levy special tax t,o pay iidnnwt on bonds lovy sp( 15 10 Hi 10 15 :;i 2;i 00 !i5 00 115 00 :i5 SK 111 17 15, 17 11 IK, M 51 ISO tilt 111 51 5(1 l» 11 05 HH ill 17 iii; ■IH 11 It 25 IH, 111 25 lU 01 !i7 01 38 ;o :iii, 11 oil ■10,41 112 48 101 IH, 50, 51 I) DKHT- aniouid voti^d by district, limit INDEX. 85 DECISION- of Htato Ruperintondont of (liHtrict; hoard, iipiKjalod from of county Biiporiiitondent, appoaled f lom . of Htaf board, final DELINQUIONT TAXES- belonKiiiK to a diHtrict at datd of Uh diviHion county treaHnror Hliall report amount to county Buperintendent DIPLOMAH- 8TATE- to whom and by whom iawued examination for, by wliom; what branches granted witliout examination, conditlonn by wlioin revoked ; cauHo DIRECTORS -UOAUD 01*' may examine teacher to fill vacancieH in firHt-clawH diHtricts vacancies in boards liow tilled 2H how elected in new districts term of office number in diHtricttsiof dill'erout classes orfjjanization in districts of first class powers of, in iirst and sooond-irlass districts when changed from second to first-class district, who consti tnto the now board annual election of 41, act as judKCH of election may order more than one votini^' place in first-class districts, shall designate whore votes shall be counted in first-class districts shall qualify within twenty days; oath of office, where filed . . vacancies, how filled in first-class districts power to make by-laws may take and hold one acre for school site regular and si)ecial meetings, wlien held Powers and Duties — employ and discharf^e teachers determine rate of tuition determine pay of secretary fix course of study text-books provide school house and furniture hold real and iiersonal i)roperty in trust. suHjiond and expel ])upils deternune number of months of school furnish books to indigent children make annual report to county superintendent may admit or refuse pupils from other districts of first and second-class districts, may establish separate hifili schools presidfint shall preside at meetings of the board when i>resident is absent, secretary shall preside thirty days' absence from district may work vacancy in office duties of president bond of secretary; amount in different districts duties of secretary defined in third-class districts may call special irmetinji of electors at any time SEO. PAGK. 8 12 82 45 88 40 88 46 :5a 23 00 38 3 10, 11 4 11 4 11 .5 It ]() 10 ;i, il 18, 29 28 20 28 20 41 25, 20 41 20 41 20 42 20, 27 1, 44 25, 27 45 28 44 27 40 28 47 2!» 48 29 48 29 49 29, 30 50 :io 51 30 51 30 51 30 51 30 51 30 51 30 51 .30 51 30 51 31 51 31 51 31 51 31 5'2 31 53 31 53 32 53 32 53 32 54 32 54 32, 33 02 m INDEX. DIRECTORS— BOARD OF-Continued. sec. page. on the petition of ten voters shall call special meeting of electors 02 .37 sliall certify special tax for other school expenses of district. 154 38 shall certify to county commissioners the amount of special tax 07 39 may order levy of (me-tenth of a mill for library 67 39 shall not issue warrants in excess of levy 68 40 cannot reconsider levy of special tax 70 41 may appeal from decision of county superintendent 88 46 shall sell United States or State bonds to pay district bonds wlien due 94 49 may refund bonded indebtedness 99 50 may issue new bonds in payment of old 99 50 DISTRICT— New— how organized from a portion of one or more old 27 19 parents of at least ten children of school age shall peti- tion county superintendent; petition shall describe boundaries 127 19 census list 27 19, 20 notice of division 27 20 from unorganized territory, how formed 27 20 census list of same 27 20 only legally qualified electors entitled to vote on ques- tion of organization; two-thirds vote of those voting required 28 20 elect board of directors by ballot 28 20 person may be transferred to another district, when, how 28 21 district cannot be divided unless it contains more than nine square miles. Division must be made so that not less than fifteen persons of school age be left in old district 28 21 first-class districts divided only on vote of electors 28 21 two or more contiguous districts, how united into one.. 29 21 each district shall vote on question of union at special meeting 29 21 union meeting called upon ten days' notice 29 21 funds of each district transferred to new 29 21 unorganized territory may be annexed to district 29 21 a portion of one district annexed to contiguous district by county superintendent, on petition; how 29 21,22 must establish school within six months ."50 22 county superintendent may extend time to eight months 30 22 may be declared annulled by county superintendent on failure to maintain a school and keep up organiza- tion one year 30 22 when entitled to money 30 22 joint, from territory in two or more contiguous counties 31 22, 23 ' reports of each county separate 31 22, 23 how annulled 31 23 declared body corporate 40 25 classified 41 25,26 legal school district defined 42, 43 20, 27 change from second to first class 42 26, 27 annual election; more than one voting place in first class 44 27 county treasurer to keep separate accounts with each district. 68 39 must maintain school three months or forfeit school fund 75 42 bonds of, general provisions concerning 90-102 46-51 bonded indebtedness not to exceed 3'/4 per cent, of assessed valuation 90 47 INDEX. 87 DISTRICT— Continued. sec. page. of first and second class may hold special meetings for pur- pose of voting bonds 00 415, 47 change in boundary lines does not release property from bond tax Sr, 49 property added to district is liable to tax to pay bonds issued before such addition 95 49 DIVI8I0N- of school districts 27, 28, 32 19, 21, 23 district cannot be divided nnlsss it contRins jnore than nine square miles. Division must be made so that not less than fifteen persons of school age remain in old district 28 21 of cities and towns 28 21 of first-class districts 28 21 of school moneys 32 23 ELECTION- annual "^ 27 judges and clerks of, appointed by board in first-class dis- tricts 44 27 notice of, how given 44 27 notice by two voters 44 27 ballot-box remain open; time 44 27 more than one voting place in first-class districts 44 27 judges of, who shall constitute 45 28 oath of challenged voter 45 28 tie vote 46 28 special election, how called 46 28 void if no notice be given 46 29 to vote bonds, how called; form of ballot 90 46, 47 to vote on refunding; form of ballot 102 51 ELECTORS— qualifications of 45 28 sex no disqualification 45 2^ challenge 45 28 powers of, in third-class districts 63 37 qualifications of, to vote bonds 45, 90 28, 46, 47 EXAMINATION OF TEACHERS - by State board for State diploma 4 11 by county superintendent; in what branches 15 15 to fill vacancies in first-class districts; by whom conducted .16 16 F FINES AND FORFEITURES- of county superintendent, for neglect 21 18 of district secretary, failure to file report 56 34 of district treasurer, neglect of duty 58 35 of county officers, for failure to levy tax 65 38 of county treasurer, failure to pay over tax 66 39 for failure to pay over money 69 40 penalties, fines and forfeitures; how collected.' 69 40 general provisions regarding 69 40 of district, failing to maintain three months' school 75 42 H8 INDICX. FOKMS- NO. ontli of Hcliool olIiciM-H 1 county Kiii>orin(.Mi(lInly apportionment, basis of 72, 7:! forfiMluni of, by district, account of failure to rejiort census list 71 forfeiture of, by district; throe months' school 75 Normal Jnstitut(<, from what derived HI custodian; how disbiii'sed , SI for redemption of bonds it:t lili. , l>7 f)7, , (W C.'.l. , 70 7(1, 71 71 72 72 73 74 75 7!), 7(i PAOIC. ];3, 11 17 40 4t 11 II, 12 42 41 11, 15 ts. 111 G GOVERNMENT OF SCHOOLS- rules and regulations for, made by district board. :!0, :u H HIGH S(^HOOLS- union, how established organized at county seat, how committee, term of otlice; vacancies, how filled secretary of committcte, how elected; compensation meetinKs of commilt.eo powers and dut ies of committee how nuiintained; funds deficit, how made up rated as a sei>arate school district maintained forty weeks each year frc^e, to whom what districts represented on committee separato hiwh schools, how, by whfim and when establishtKl. :i3 23, 24 33 24 34 24 34 24 35 24 36 24 37 21, 25 37 25 37 25 38 25 38 25 3 shall keep record of persons examined 16 deputy 17 make annual report to superintendent of public instruction.. 18 failure to make such report; penalty 21 shall apportion county school fund 19 duties 20 may administer oaths 22 fill vacancies in district boards; exception 23 shall keep record of boundaries of districts 24 shall make map of each district 24 salary and fees 25, 14 office, where located 25 shall divide funds of a divided district 32 shall certify to county commissioners per capita necessary to maintain four months' school in each district 64 PAGE 43 26 26 27 32 32 32 32 33 33,34 33 33, 34 34 45 46 11 11 11 11 12 12 12 13 13 13 13 14 14 14 14 14, 15 15 15 15 16 16 17 18 17 17,18 IS 18 18 18 18, 19, 64 19 23 INDEX. 93 SUPERINTENDENT OF SCHOOLS-COUNTY-Continued. sec. shall look after all fines ^^ shall apportion fund according to census 73 in case of appeal, shall notify secretary of district board 85 shall set time for hearing appeal 86 notify all parties interested ^ PAGE. 40 41 45 45 45 T TAXES- . . . county school, levied by commissioners; basis; limit ... special tas for other expenses of district special school fund library tax special tax levy cannot be reconsidered special tax to pay interest on district bonds special tax to pay bonds in joint districts, how collected ■ State, for support of certain educational institutions, one- sixth mill TEAGHERS- may appeal from county superintendent to state board employed by whom shall not teach without certificate; forfeit expiration of certificate; effect not dismissed without cause; shaU receive pay for services rendered * shall keep register shall notify county superintendent of beginning and close of term not paid until register is filed with secretary TREASURER- of county, keep separate account with each district; report annually to county superintendent and district secretary concerning school funds of district, bond, amount, where filed of first-class district publish semi-annual report of district, countersign warrants, make statement to board; penalty •. of county, shall collect county school tax of county, shall certify amount of tax collected and uncol- lected to county superintendent, quarterly of county, failure to pay over tax; forfeit, how collected of county, shall keep an account with each school district.. . . of county, shaU arrange tax-books, schedules, etc of county, shall list all warrants endorsed "no funds" of county, pay interest on bonds of county, collect bond tax of district, pay bonds; manner of payment of district, pay bonds issued under territorial laws; mannex of payment; shall not pay more than five per cent, premium on territorial bonds • • • • of district, shall invest balance of funds in State or United States bonds of district, shall collect interest on State and United States bonds of county, shall countersign district bonds of State Normal School 64 38 64 38 67 39 67 39 70 41 92 47,48 92,101 48, , 50, 51 31 22, 23 16 16 51 30 60 35 60 35 60 36 61 36 61 36 61 36 26 47 47 58 64 66 66 68 67 68 92 92 92 93 93 94 97 3 19 29 29 34,35 38 38 39 39 39 39,40 48 47,48 47,48 48, 49 49 49 50 62 94 INDEX. TREASUREU-(]outinued. of Agricultural College of State School of Mines of Institute for Mute and Blind □. PAGE. 3 (52 ■.i 62 3 62 V VACANCIES IN OFFICE- of county superintendent, how filled U 14, 1.5 of boards of district directors, how filled 23, 47 18, 29 of members of high scliool committees, how filled 34 24 in boards of districts of first class, how filled 48 29 of school officer, when absent more tluin thirty days 53 82 VOTEll-See Elector. VOTING ri.ACE- more than one in first-class districts 44 27 w WAKRANTS- of district, by wliom drawn of district, countersigned by t reasurer of (iistri<'t, "no funds," rcuistiTcd by treasurer. of district, issue