Gass. Book_ RELATING TO THE COMMON SCHOOLS . OF KANSAS, INCLUDING OFFICIAL OPINIONS AND SUG- GESTIONS TO SCHOOL OFFICERS. COMPILED UNDER DIRECTION OF E. T. FAIRCHILD, State Superintendent of Public Instruction. 1909. STATE PRINTING OFFICE, TOPEKA, 1909. MALICIOUS DESTRUCTION OF PROPERTY. [2498.] Any person who shall wilfully and maliciously destroy, deface, remove or iiijure the property of another, public or private, shall, on conviction, be deemed guilty of a misdemeanor, and punished by a fine not less than $5 nor more than $500, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. (Laws 1886, ch. 104, sec. 1.) (ii) D. OF 0. DEC S 1909 To County and City Superintendents and School Officers: I furnish you herewith a copy of the school laws of Kansas revised to date. The ofiBcial opinions and suggestions, I trust, will be help- ful to you in the discharge of your oflQcial duties. E. T. FAIRCHILD, State Superintendent of Public Instruction. August 1, 1909. (iii) TABLE OF CONTENTS. PAGE. Malicious Destruction of Property ii Educational Provisions of the Organic Act v Educational Provisions of the State Constitution v Educational Provisions of the Act of Admission vii Chapter I Bonds 1 Chapter II Business Colleges 10 Chapter III Certificates 18 Chapter IV Compulsory Education 35 Chapter V Child-labor Law 41 Chapter VI County Superintendent 43 Chapter VII ........ County High Schools 60 Chapter VIII County School Fund 72 Chapter IX District Schools 74 Chapter X District Officers 77 Chapter XI Fines and Penalties 90 Chapter XII Fire Protection 92 Chapter XIII Industrial Education 94 Chapter XIV Juvenile Court 96 Chapter XV Kindergartens 108 Chapter XVI Kansas State Traveling Library and Aplington Art Gallery 109 Chapter XVII Levies Ill Chapter XVIII Libraries, School District 114 Chapter XIX ^Normal Institutes 115 Chapter XX .^Normal Training 118 Chapter XXI Patriotic Instruction 120 Chapter XXII Public Schools in Cities of the First, Second and Third Class 121 Chapter XXIII Public Schools in Cities of the First Class 125 Chapter XXIV Public Schools of Cities of the Second Class 138 Chapter XXV Public Schools in Cities of the Third Class 150 Chapter XXVI Industrial-school Pupils 151 Chapter XXVII .... State Superintendent 152 Chapter XXVIII . . . School Districts 156 Chapter XXIX School-fund Commissioners 167 Chapter XXX State Annual School Fund 176 Chapter XXXI School Lands 178 Chapter XXXII .... School Text-books, Uniformity 196 Chapter XXXIII . . . Tobacco and Cigarettes 208 Chapter XXXIV. . . . Warrants and Bonds Lost and Destroyed 209 Chapter XXXV Warrants, Registration of 211 Chapter XXXVI. . . . Water-closets 214 General Index 215 (iv) EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. [69. J ^ Section 34. And he it further enacted, That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered 16 and 36 in each township in said territory shall be and the same are hereby reserved for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same. Approved May 30, 1854. EDUCATIONAL PROVISIONS OF THE STATE CONSTITUTION. ARTICLE II. [141. j Section 23. The legislature, in providing for the formation and regulation of schools, shall make no distinc- tion between the rights of males and females. ARTICLE VI. [177.] Section 1. The state superintendent of public in- struction shall have the general supervision of the common- school funds and educational interests of the state, and perform such other duties as may be prescribed by law. A superin- tendent of public instruction shall be elected in each county, whose term of office shall be two years, and whose duty and compensation shall be prescribed by law. [178.] Sec. 2. The legislature shall encourage the pro- motion of intellectual, moral, scientific and agricultural im- provement, by establishing a uniform system of common schools and schools of higher grade, embracing normal, pre- paratory, collegiate and university departments. [179.] Sec. 8. The proceeds of all lands that have been or may be granted by the United States to the state for the support of schools, and the 500,000 acres of land^ granted to 1. See note at top of page 9. 2. This money was never in the school fund. (V) vi CONSTITUTIONAL PROVISIONS. the new states under an act of Congress distributing the pro- ceeds of public lands among the several states of the Union, approved September 4, a. d. 1841, and all estates of persons dying without heir or will, and such per cent, as may be granted by Congress on the sale of lands in this state, shall be the common property of the state, and shall be a perpetual school fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the legislature may provide by tax or other- wise, shall be inviolably appropriated to the support of com- mon schools. [180.] Sec. 4. The income of the state school funds shall be disbursed annually, by order of the state superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein, beween the ages of five and twenty-one years : Provided, That no school district in which a common school has not been maintained at least three months in each year shall be entitled to receive any portion of such funds. [181.] Sec. 5. The school-lands shall not be sold unless such sale shall be authorized by a vote of the people at a general election ; but, subject to revaluation every five years, they may be leased for any number of years not exceeding twenty-five, at a rate established by law. [182 ] Sec. 6. All money which shall be paid by persons as an equivalent for exemption from military duty ; the clear proceeds of estrays., ownership of which shall invest in the taker-up, and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several coun- ties in which the money is paid or fines collected, to the sup- port of common schools. [183.] Sec. 7. Provisions shall be made by law for the establishment, at some eligible and central point, of a State University, for the promotion of literature and the arts and sciences, including a normal and agricultural department. All funds arising from the sale of lands granted by the United States to the state for the support of a State University ^ and all other grants, donations, or bequests, either by the state or by individuals, for such purpose, shall remain a per- petual fund, to be called the "University fund," the interest of which shall be appropriated to the support of the State University, [184.] Sec. 8. No religious sect or sects shall ever con- CONSTITUTIONAL PROVISIONS. vii trol any part of the common- school or University funds of the state. [185. J Sec, 9. The state superintendent of public instruc- tion, secretary of state and attorney-general shall constitute a board of commissioners for the management and investment of the school funds. Any two of said commissioners shall be a quorum. (Constitution ratified by the people October 4, 1859.) EDUCATIONAL PROVISIONS OF THE ACT OF ADMISSION. [264.] Section 3. . . . First: That sections num- bered 16 and 36, in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, •equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools. Second: That seventy-two sections of land shall be set apart and reserved for the use and support of a State University, to be selected by the governor of said state, subject to the approval of the commissioner of the general land-office, and to be appropriated and applied in such manner as the legis- lature of said state may prescribe for the purpose aforesaid, but for no other purpose. Approved January 29, 1861. LAWS RELATING TO THE COMMON SCHOOLS OF KANSAS. Note.— The figures enclosed in brackets, thus [6331]. refer to the para- graph numbers in the General Statutes of 1901: the section numbers, be- ginning on this page, are in consecutive order, as a simple reference to the School Laws of 1909. For example: If it is desired to quote a section of the law. reference should be stated thus: "Section — , School Laws of 1909: paragraph -, General Statutes of 1901." Official opinions will be found in the notes at the bottom of the pages. CHAPTER I.— Bonds. ARTICLE I.— School- DISTRICT Bonds. S 1. Purposes for which district bonds may be issued, and restrictions concerning the same. i. Bond elections; notices of, and how con- ducted. 3. Denominations, rates of interest, and dis- posal of bonds. 4, Bonds must be registered. !>. Sinking-fund, how provided and invested. § 8, 9. Bonds belonging to the state permanent school fund may be paid or refunded be- fore maturity. 10. Payment of bonds belonging to the state permanent school fund to be made to the state treasurer. 11. State treasurer to inform county and city treasurer of bonds belonging to state permanent school fund. t). Penalty for issuing bonds without author- j 12. Remittance of funds to state treasurer. ity. and for misappropriation of the pro- j 13. Bonds to be canceled by state treasurer. ceeds. 14. Penalty for city and county treasurers re- T. Pinaldispositionofpaid bonds and coupons, i fusing to act. Section' 1. School-district Bonds. [Laws 1909, oh. 62, sec. 4.] That for the purpose of erecting or purchasing one or more schoolhouses in and for any school district in the state of Kansas, the board of directors of the same shall have power to issue the bonds of the district in an amount not to exceed one and one-half per cent, of its taxable property, as shown in the last assessment thereof ;^ proviaed, that this limitation shall not apply to bonds heretofore legally voted. And for the purpose of extending the time of payment of the bonded indebtedness of any school district, the board of di- rectors of the same shall have power to issue the bonds of the district in a sum not to exceed in amount its outstanding bonded indebtedness: Provided, That no such bonds shall be issued until at an election* called for that purpose the ques- tion shall have been submitted to the qualified electors of the district, and a majority of all the qualified electors voting on 3. Bonds issued to pay an indebtedness already contracted are illegal. School-district bonds cannot be issued except for the purpose of erecting or purchasing one or more schoolhouses. An addition to a schoolhouse is included in the term "erecting or purchasing one or more schoolhouses," and bonds may be voted legally for this purpose. 4, The Australian ballot law does not apply to school-bond elections. (1) -1 2 BONDS — SCHOOL DISTRICT. [CH. 1 the proposition shall have declared by their ballots in favor of issuing of the same: And provided further, That no such election shall be ordered unless a petition, stating the purpose for which the bonds are to be issued, and signed by at least one-third of the qualified electors of said district, shall have been presented to the district board praying that a vote be taken for the issuing of such amount of bonds as may be asked for therein ; And provided further, That it shall be un- lawful for any school district to create any bonded indebted- ness unless there are at least fifteen persons between the ages of five and twenty-one years actually residing within the limits thereof, as shown by a sworn census return, taken by the direction of the board of directors of such school district.'' Sec. 2. Election. [6332.] Whenever such a petition, so signed, shall be presented to the board of directors of any school district, praying that a vote be taken on the question of issuing the bonds of the said district, it shall be the duty of the district board immediately to order an election for the purpose of determining the question of the issuing of bonds as prayed for, and forthwith to give notice, by posting writ- ten or printed notices, signed by the clerk, in five of the most public places in the district, which notices shall be posted up at least ten days® before such election, and shall state therein the object for which the election was called and the manner in which the question shall be voted upon.' The said elec- tion shall be conducted in all respects as are general elections under the laws of the state, except that females of the age of twenty-one years shall be entitled to vote at all such elections, subject only to'the exceptions applied to males ; and the re- 5. Build Schoolhouse. School districts having less than fifteen children of school age within their limits are, by the terms of the law providing for the issuance of school-district bonds, prohibited and debarred from raising funds for the building or purchase of schoolhouses by the issuance of school- district bonds. Such school districts can provide funds for the building of schoolhouses by issuing school-district warrants, to the extent and within the limitation of section 6127, General Statutes of 1901 (section 442 of this book), but not otherwise. It is within the power of school districts, under said sec- tion, to vote a tax annually, not exceeding two and one-half per cent, on the taxable property in the district, for school purposes, and to distribute such portion of the amount of such tax as the school meeting shall deem proper for the purpose of building, hiring or purchasing a schoolhouse for the district. Beyond this the district cannot go. School warrants for build- ing schoolhouses cannot be issued in excess of the amount authorized by law, upon the expectation that in subsequent years the school district will provide funds for the payment of the same by taxation. 6. Ten days should intervene between the date of posting the election notices and the day of the election, without counting either of the two dates, 7. The utmost care should be had in complying with the law in every de- tail; otherwise the bonds may be invalid or their sale affected by their un- favorable history. CH. 1] BONDS — SCHOOL DISTRICT 3 turns of the election shall be the same, except that they shall be made to the district board. (Laws 1879, ch. 49, sec. 2.) Sec. 3. Issuance. [6333.] The bonds herein provided for shall be issued in denominations of not less than $100 nor more than $500 each ; ^ they shall bear interest at a rate not to exceed six per cent, per annum, payable semiannually on the 1st days of January and July of each year, at such place as shall be designated in the bonds, the principal of the bonds being made payable within fifteen years from their date. These bonds shall specify on their face the date of issue, amount, for what purpose and to whom issued, the time they run, the rate and times of payment of interest, and shall have coupons attached for the interest as it becomes due, said coupons being so arranged that the last one shall fall due at the time of the maturity of the bond. Said bonds and the coupons thereto attached shall be signed by the director and countersigned by the clerk, and after registration by the county clerk shall be negotiable and transferable by delivery, and may be disposed of by the district board at not less than ninety-five cents on the dollar, and the proceeds of the same applied as provided for in the petition at which issuance of the bonds was authorized. (Laws 1879, ch. 49, sec. 3.) Sec. 4. Registration. [6334.] Before delivering any school-district bonds, the board of directors of the district issuing the same shall cause them to be registered with the clerk of the county in which the said district is located. And it shall be the duty of the county clerk, on presentation of any school bonds for registry, to register the same in a book prepared for that purpose, which register shall contain (1) the number of the district ; (2) the number of the bond ; (3) date of bond; (4) to whom payable; (5) when [where] payable ; (6) when due ; (7) when interest is due ; (8) amount of bond. The county clerk shall furnish one copy of his register to the county treasurer, and forward one copy to the state superintendent, together with a statement showing, (1) the number of sections of land in the district issuing such bonds ; (2) the number of acres of land assessed and subject to taxation in said district ; (3) the assessed valua- tion of taxable lands ; (4) the assessed valuation of all per- sonal property in such district; which statement shall be signed by each member of the school board issuing the bonds, and the county clerk shall certify under the official seal of his oflBce to the correctness of the statement and the genuine- 8. Bonds should be issued in denominations of $100, $200, and $500, to conform to the printed bonds furnished by the School-fund Commissioners to districts. 4 BONDS — SCHOOL DISTRICT. [CH. 1 ness of the signatures attached thereto. (Laws 1879, ch. 49, sec. 4. ) Skc. 5. Interest and Sinking-fund. [6335.] It shall be the duty of the board of county commissioners of each county to levy, annually, upon all the taxable property in each dis- trict in such county, a tax sufficient to pay the interest accruing upon any bonds issued by such district, and to pro- vide a sinking-fund for the final redemption of the bonds, such levy to be made with the annual levy of the county and the taxes collected with the other taxes, and when col- lected shall bo and remain in the hands of the county treasurer, a specific fund for the payment of the interest upon such bonds, and for their final payment at maturity :' Pro- vided, That moneys in the hands of the county treasurer belonging to the sinking-funds of the several school districts in such county shall be invested by the county treasurer, (1) in the bonds of the district to which said sinking-fund be- longs, provided such bonds can be purchased at a price not exceeding their market or par value ; (2) in the bonds of other school districts of this state maturing before the bonds for which such fund is raised, provided the same can be pur- chased at a price not exceeding their market or par value; (8) in the bonds of the state of Kansas, or of the United States. (Laws 1879, ch. 49, sec. 5.] ""Skc. 6. Penalty for Issuing Illegally. [6336] If any school- district officer, whose duty it is under the provisions of this act to issue or assist in any manner in the issuance of the bonds of any school district, shall prepare, sign or deliver, or aid, counsel ornssist in preparing, signing or delivering, or shall cause to be prepared, signed, or delivered, any bond or bonds of any school district, at any time before such bond or bonds are authorized by this act to be prepared, signed or de- livered, such officer shall be guilty of a felony, and upon con- viction shall be fined in a sum of not less than $500 nor more than $5000, or by imprisonment in the Penitentiary for not less than one year and not longer than five years, or by both such fine and imprisonment. And if the board of directors of any school district, or any member thereof, shall use or dispose of any school-district bonds, or the money accruing from the sale of such bonds, in any other manner or for any other purpose than that for which the same was created or intended, he or they shall be liable to be punished by fine in any sum not less than $1000, by information or indictment in any court of competent jurisdiction, or by imprisonment 9, Sinking fund cannot legally be used in payment of any other obliga- tion than that for which it was levied. CH. 1] BONDS — SCHOOL DISTRICT. 5 in the county jail not more than six months, or by both such fine and imprisonment. (Laws 1879, ch. 49, sec. 6.) Sec. 7. Finnl Disposition. [6337.] On the payment of the bonds or coupons of any school district, the county treasurer shall immediately cancel the same, and indorse thereon the date of payment ; and at the time of his settlements with the several school-district treasurers of his county he shall de- liver to each the canceled bonds and coupons of his district, and take a receipt therefor, and such canceled bonds and coupons shall be destroyed by the district treasurer in the presence of all the officers of the district, a complete record of their destruction being made by the district clerk. On the last Saturday of July of each year, each and every county treasurer shall make to the clerk of his county a detailed re- port of all the bonds and coupons canceled during the year, and the date of payment of the same, accompanied by the receipts given by district treasurers therefor; and the county clerk shall immediately thereafter cancel the registry of all such bonds and coupons by endorsing thereon the date of payment of each. (Laws 1879, ch, 49, sec. 7.) Note. —All school bonds must first be offered to the School-fund Com- mission, and the commission has the option to purchase same at not more than par. See section 473 of this book. Sec. 8. Payment before Maturity. [Laws 1905, ch. 382, sec. 1.] If at any time any board of education, school dis- trict, township, county or city of any class shall have accu- mulated in the treasury sinking-fund sufficient to pay in full any bond or bonds issued by such board of education, school district, township, county or city of any class before the ma- turity, the state permanent school fund. State Normal School fund, or the University permanent school fund, or Agricul- tural College endowment fund being the holders thereof, such board of education, school district, township, county or city of any class may pay the same to the state treasurer at the time any interest coupon is due, and take up such bond or bonds, and the state treasurer is hereby authorized to re- ceive the same and cancel such bond or bonds and the un- matured coupons attached thereto, and deliver the same so canceled to the officer paying the amount : Provided, That the state treasurer, before delivering said bond or bonds, shall present the same to the auditor of the state, together with a statement showing the amount of coupons upon which no moneys have been received, and upon examining such statement, and comparing with the coupons attached to such bond or bonds, the auditor shall credit the treasurer with the amounts shown to be canceled before maturity. 6 BONDS — SCHOOL DISTRICT. [Ch. 1 Sec. 9. Payment before Maturity — Additional Provisions. [Laws 1905, ch. 72, sec. 1.] Whenever any county, city, township or school district in this state shall owe any out- standing and unmatured bonds, and at the same time shall have in its treasury any sinking-funds raised to pay such bonds, the proper officers of such county, city, township or school district may use such funds to purchase or pay any of such bonds and cancel the same, whenever they can be so purchased or paid at or below par, or at such reasonable price above par as may be requested by a majority of the resident taxpayers of such county, city, township, or school district, and which request may be made by a written peti- tion to that efifect, directed to such officers. Sec. 10. Payable at State Treasury. [6387.] From and after the passage of this act, the interest and principal of all bonds now belonging or which may hereafter belong to the permanent school fund or sinking-fund of the state of Kan- sas, which have been or may hereafter be issued under and pursuant to the laws of said state, shall be payable at the office of the state treasurer. (Laws 1877, ch. 174, sec. 1.) Sec. 11. State Treasurer. [6388.] At least thirty days be- fore the maturity of any bonds or coupons belonging to the permanent school fund or sinking-fund, it shall be the duty of the state treasurer to furnish a detailed statement to each county or city treasurer, or the treasurer of any board of education, of the amount due from them respectively, de- scribing in such statement the number of the district or the name of the city, the amount of interest due, and the amount of principal due, if any. (Laws 1877, ch. 174, sec. 2.) Sec. 12. County and City Treasurers. [6389.] It shall be the duty of each county and city treasurer, and the treasurers of boards of education, to remit to the state treasurer, at least ten days before the maturity of any bonds or coupons, all moneys collected by them for the redemption of such bonds and coupons, and all express charges and postage shall be a proper charge against such city or school district and shall be allowed to such treasurer on settlement. (Laws 1877, ch. 174, sec. 3.) Sec. 13. Cancelation. [6390.] On receipt of any funds by the state treasurer, he shall immediately cancel all coupons or bonds for which funds are remitted, and return such cou- pons or bonds to the office of the treasurer remitting the same. (Laws 1877, ch. 174, sec. 4.) Sec. 14. Penalty. [6391.] Any county or city treasurer, or treasurer of any board of education, who shall neglect or Ch. 1] BONDS — REFUNDING. refuse to perform the duties required of him by this act, shall be liable to the state in a sum equal to double the amount of such bonds or coupons remaining unpaid by reason of such neglect or refusal, which may be recovered in a suit at law against such treasurer and his bondsmen ; and it is hereby made the duty of the county attorney of the proper county, upon the request of the attorney-general, to prosecute all such suits. (Laws 1877, ch. 174, sec. 5.) ARTICLE 11. -Refunding Bonds. §25, Penalty for wrongful use of money. 26. Coupons when due shall be receivable for taxes by corporation issuing. 27. Merged districts may refund bonds. 28. Form of bonds. 29. Commissioners to levy. 30. Suits against merged districts. 31. May take up merged-district bonds. 32. Law governing such indebtedness. 33. Payment and refunding of bonds; disor- ganized districts. §15. Bonded indebtedness may be refunded. 16. Bonds shall be signed by whom. 17. Bonds issued, how and when. 18. Bonds issued for payment of outstanding warrants. 19. Bonds shall be registered. 20. indebtedness shall not be increased, when. 21. Annual levy for interest and sinking- fund. 22. County treasurer may make levy, when. 23. Sinking-fund, when and hoW created. 24. Courons shall be promptly paid and de- stroyed. Section 15. Bonded Indebtedness May be Refunded. [517. J Every county, every city of the first, second or third class, the board of education of any city, every township and every school district is hereby authorized and empowered to com- promise and refund its bonded indebtedness, including cou- pons and judgments thereon, upon such terms as can be agreed upon, and to issue new bonds with semiannual inter- est coupons attached in payment for any sums so compro- mised, which bonds shall be sold at not less than par, shall not be for a longer period than thirty years, shall not exceed in amount the actual amount of outstanding indebtedness, inclusive of attached coupons, and shall not draw a greater interest than six per cent, per annum. No indebtedness of any kind shall be funded or refunded under the provisions of this act except bonded indebtedness actually existing at the time of the passage of this act or hereafter legally created ; and nothing herein contained shall be construed to validate or invalidate any existing bonded indebtedness. (Laws 1901, ch. 288, sec. 1.) Note.— Maturing interest coupons may be included, but unearned inter- est coupons should not be included. See Kelly v. Cole, 63 Kan. 386. Sec. 1G. Bonds Shall be Signed by Whom. [518.] Bonds issued under this act by any county shall be signed by the chairman of the board of county commissioners, and attested by the county clerk, under the seal of the county. Bonds issued by any city shall be signed by the mayor, and attested by the city clerk, under the seal of the city. Bonds issued by any township shall be signed by the trustee, attested by 8 BONDS — ^REFUNDING. [Ch. 1 the township clerk, and countersigned by the township treasurer. Bonds issued by the board of education of any city shall be signed by the president, and attested by the clerk of the board, under the seal of such board. Bonds is- sued by any school district shall be signed by the director, attested by the clerk, and countersigned hy the treasurer of the school-district board, and the coupons shall be signed by the mayor, president, director, trustee, or chairman of the board of county commissioners, and the clerks respectively. Such bonds may be in any denominations, from $100 to $1000, and made payable at such place as may be designated upon the face thereof, and they shall contain a recital that thej are issued under this act. (Laws 1879, ch. 50, sec. 2 ) Sec. 17. How Issued and When. [Laws 1909, ch. 62, sec. 2.] "When a compromise has been agreed upon, it shall be the duty of the proper officers to issue such bonds at the rate agreed upon to the holder of such indebtedness, in the man- ner prescribed in this act ; but no bonds shall be issued under this act until the proper evidence of the indebtedness for which the same are to be issued shall be delivered up for cancelation : Provided, That no bonded indebtedness shall be refunded by the board of county commissioners, or any mayor and city council, or any board of trustees of any township, or any school-district board, or board of education, under this act, except such as have been issued and outstanding at least two years at the time of such refunding : And provided further, That except for the refunding of outstanding debt, including outstanding bonds and matured coupons thereof, or judgment thereon, no bonds of any class or description shall hereafter be issued where the total bonded indebtedness of such county or township would thereby exceed one per cent.^" of the assessment for taxation, as shown by the last finding and determination by the proper board of equalization, or of such city, school district or board of education exceed one and one-fifth per cent, of such assessment ; but this restriction shall not apply to cities of the first class. Sec. 18. iSonds* Issued for Payment of Outstandina Warrants. [Laws 1909, ch. 205, sec. 1.] That all school districts in the state of Kansas now having outstanding warrants represent- ing indebtedness of the district exceeding the sum of one thousand dollars be and they are hereby empowered and authorized, by and through their duly elected, constituted and appointed board of directors, to compromise and refund said indebtedness upon such terras as can be agreed upon, 10. Bonds cannot be issued to exceed one and one-half per cent, for all purposes. See section 1. CH. 1] BONDS — REFUNDING. 9 and to issue the bonds of said district in any amount not to exceed five per cent, of the assessed valuation of all the tax- able property in said district, with semiannual coupons thereto attached, in payment of the sums so compromised, which bonds shall be issued and disposed of in all respects in con- formity and accordance with an act entitled ''An act to enable counties, municipal corporations, the boards of education of any city, and school districts, to refund their indebtedness." being sections 517 to 528, inclusive, General Statutes, 1901 : Provided, That said school boards shall offer said bond to the Board of Commissioners of the State Permanent School Fund, as provided in section 9 of chapter 472 of the Session Laws of 1905. Skc. 19. Bonds Rpgisiered. [520.] The clerk of every county, city, township, school district and board of educa- tion issuing bonds under this act shall register the same in his oflQce. Such bonds shall also, in every case, be regis- tered by the county clerk, showing the date, number and amount thereof, rate of interest, number of coupons and amount of each, to whom payable, where payable, date of maturity, and, if optional, under what conditions; and all bonds refunded under this act shall have the words "Paid in full" marked in a plain manner across the face of each bond and coupon so refunded, and such canceled obligations shall be carefully preserved in the office of the county clerk, or destroyed by the county commissioners, a register of the number, amount and date of issue having been first made by the county clerk. The proper officers shall, at the time of issuing refunding bonds, make out and transfer to the audi- tor of state a certified statement of all proceedings had by the proper board or city council, as shown of record, and that the said bonds have been issued for value, in all re- spects in conformity to this act, for certain indebtedness sur- rendered, distinctly describing the bonds issued and the indebtedness surrendered, and that they have been duly reg- istered by the attesting clerk and the county clerk, as re- quired herein, which statement shall be in such form and include such other information as the auditor of state may require, and be signed by all the officers whose signatures are attached to such bonds, and attested by the proper clerk with the corporate seal of the county, city, township, school district, or board of education, if any, and be duly acknowl- edged before the county clerk; and the auditor shall, upon being satisfied that such bonds have been issued according to the provisions of this act, and that the signatures thereto of the officers signing the same are genuine, register the same 10 BONDS — REFUNDING. [CH. 1 in his office in a book kept for that purpose, and shall, under his seal of office, certify upon such bonds the fact that they have been registered in his office according to law. (Laws 1891, ch. 163, sec. 3.) Sec. 20. Indebtedness Not to be Increased. [521.] In all cases in which any county, city, township, the board of edu- cation of any city, or school district, shall effect a compromise of its indebtedness under this act, at a rate of sixty-five per cent, or less upon the amount of such indebtedness, and shall issue bonds therefor under the provisions of this act, such county, city, township, the board of education of any city or such school district so compromising at such a rate, shall never increase its indebtedness beyond the amount of such refunding bonds so issued under this act until the same are paid or liquidated, and any bonds that may be issued or in- debtedness created in addition to such amount of refunding bonds so issued shall be absolutely null and void. (Laws 1879, ch. 50, sec. 5.) Sec. 21. Annual Levy. [522.] In every instance in which any county, city, township, the board of education of any city, or any school district, shall issue bonds under this act, it shall be the imperative duty of the proper officers of such county, city, township, the board of education of any city, or of such school district, whose duty it may be to levy taxes, to an- nually levy, at the time of making the levy of other taxes, a tax sufficient in amount to pay the interest upon said bonds and the coupons as they become due, and to create a sinking-fund as provided for in this act for the pay- ment of the principal of such bonds ; and if such officers fail or neglect to make such levy, it shall be, the duty of the county clerk forthwith to levy such tax ; and in case any such officer shall neglect or refuse to levy any such tax at the time aforesaid, and in case any county cl'^rk shall neg- lect or refuse to extend such tax upon the tax-roll of the county at the proper time, then, and in that case, any such officer so neglecting or refusing to levy or extend such tax shall be severally and individually liable, and shall also be liable upon his official bond to the holder of any such bond or coupon falling due during the year for which such tax should have been levied or extended for the full amount thereof, as soon as the same is due, which liability may be enforced in a civil action in the name of such holder ; and any such officer so neglecting or refusing to levy or ex- tend such tax shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in an amount equal to the amount which it may be shown should have been so CH. 1] BONDS — REFUNDING. , 11 levied or extended during such year, or imprisoned in the county jail for a term of not less than three nor more than twelve months. (Laws 1879, ch. 50, sec. 6.) Sec. 22. County Treasurer to Make Levy. [523.] Should the proper officers whose duty it is to levy the taxes to pay such bonds and coupons fail or neglect to make such levy as provided for in this act, it shall be the duty of the auditor of state, at any time thereafter, to ascertain the amount of in- terest and sinking-fund or principal of such bonds, accrued and to accrue during that year, and shall certify the amount thereof to the treasurer of the county in which such bonds were issued, setting forth the amount thus due, and whether from the county or from a particular city, township, the board of education of any city or school district within such county ; and it shall be the duty of such county treasurer, immediately upon receiving such certified statement from the auditor of state, to proceed to ascertain from the assess- ment roll of the county the amount of taxable property in such county, city, township, the board of education of any city, or such school district, and what percentage is required to be levied thereon to pay said interest and sinking-fund or principal, and when so ascertained shall levy such percent- age upon the taxable property of such county, city, town- ship, the board of education of any city, or such school district, as may be liable thereto, and shall immediately place the same upon the tax-roll of the county, in a separate column or columns, designating the purpose for which said taxes are levied ; and the said taxes shall be collected by the county treasurer of such county in the same manner that other taxes are collected. And should such county treasurer neglect or refuse to levy such tax and place the same upon, the tax-roll for collection, as herein provided, he shall be personally liable, and also liable upon his official bond to the holder of any such bonds or coupons then due for the full amount thereof, and shall also be deemed guilty of a misde- meanor, and upon conviction thereof shall be imprisoned in the county Jail for not less than three nor more than twelve months. (Laws 1879, ch. 50, sec. 7.) Sec. 23. Sinking-fund. [524.] It shall be the duty of every county, city, township, the board of education of any city, and of every school district, issuing bonds under this act, and of the proper officers thereof, to create a sinking- fund, and to levy annually a sufficient tax therefor, for the redemption of such bonds, which shall be collected as other taxes, and paid into the treasury as provided by law for other taxes, and shall remain as a specific fund for the redemption 12 BONDS — ^REFUNDING. [Ch. 1 of said bonds ; the amount of which sinking-fund shall be as follows : In every instance in which bonds shall be issued under this act for twenty years or less, the quotient found by dividing the amount of the piincipal of such bonds by such number of years shall be the amouut of sinking-fund to be levied each year for the redemption of such bonds ; but in every instance in which such bonds shall be issued for more than twenty years, it shall not be necessary to create a sink- ing-fund, or to levy a tax therefor, until the twentieth year prior to the maturity of such bonds, at which time, and each year thereafter, one-twentieth of the principal amount of such bonds shall be levied as a sinking-fund for the redemp- tion of such bonds: Provided, That any county, city, town- ship, the board of education of any city, or any school district issuing bonds under this act, may buy in and cancel any such bonds whenever the same can be done at or below par : Artd provided furlher, That such sinking-fund, when not required for the payment or purchase of bonds, may be invested in bonds of the United States or of the state of Kansas, and in no other manner : And provided further, That under the pro- visions of this act, the proper officers are authorized, if de- sirable, to issue instalment bonds, running thirty years, having coupons attached representing the semiannual inter- est to become due thereon ; and each coupon attached to any instalment bond shall, after five years from its date, repre- sent one-fiftieth of its principal, which amount shall be shown by separate words and figures aside from the interest represented in the coupon, and each instalment bond shall show upon its face that its principal is included in its cou- pons. (Laws 1879, ch. 50, sec. 8.) Sec. 24. Coupons Paid and Destroyed. [525.] Whenever the bonds or interest coupons issued under this act shall be- come due, they shall be, on presentation, promptly paid by the proper disbursing officer, out of the money in his hands collected for that purpose ; and he shall indorse uJDon the face of any bond or coupon paid by him, in red ink, the word "Paid," and the date of payment, and sign his name thereto, and at each settlement he shall turn over the bonds and cou- pons so paid and canceled, which shall be carefully preserved, or destroyed. (Laws 1879, ch. 50, sec. 9.) Sec. 25. Pennlty for Wrongful Use of Money. [526.] Any person who shall appropriate, use, or aid or abet in appro- priating or using, any of the funds or moneys mentioned in thisact,for any other purpose than as in this act provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum equal to the amount of money so ap- GH. 1] BONDS — REFUNDING. 18 propriated or used, and imprisoned in the county jail for not less than three nor more than twelve months, and shall also be liable in a civil action for the amount misappropriated or used, to be prosecuted by anv such bondholder or other party entitled thereto. (Laws 1879, ch. 50, sec. 10.) Sec. 26. Coupons Receivable for TaxfS. [527.] The interest coupons provided for in this act shall, as fast as they become due, be receivable in payment of taxes due to the particular county, city, the board of education of any city, the township or school district which may have issued such coupons, and shall be received by all collecting officers the same as cash, in payment of such taxes. (Laws 1879, ch. 50, sec. 11.) Sec. 27. Merged Districts Mny Refund Bonded Indebtedness. [Laws 1903, ch. 430, sec. 1.] That the officers of any school district or joint district, containing all, the greater amount or an equal amount to the largest fraction contained in any other existing district, of the territory of a school district heretofore or hereafter disorganized (under chapter 177 of the Laws of 18H9, or chapter 305 of the Laws of 1901), are hereby authorized and empowered to compromise and refund the legally existing bonded indebtedness of the merged dis- trict and to issue refunding bonds in the manner and upon the terras prescribed by chapter 50 of the Laws of 1879 and the amendments thereto. Sec. 28. Form of Bowh. [Laws 1903, ch. 430, sec. 2.] Bonds issued under this act shall contain a recital that they are issued in pursuance of this act and of chapter 50 of the Laws of 1879 and the amendments thereto, and shall run in the name of the merged school district, and may be substan- tially in the following form : STATE OF KANSAS. No. ^ $-„„ MERGED SCHOOL-DISTRICT REFUNDING BOND. Be IT Known. That merged school district No. , county, state of Kansas, is indebted to in the sum of dollars, bearing interest from date at the rate of per cent, per annum, payable semiannually, on the 1st day of January and July m each year, at the office of , in the city of , and for which coupons are hereto attached. This bond is one of bonds, amounting in the aggregate to $ issued for the purpose of refunding the legally existing bonded indebtedness of said merged district, and in pursuance of chapter 430 of the Laws of 1903, and chapter 50 of the Laws of 1879 and the amendments thereto. The prin- cipal of this bond is made payable at the office of the , in lawful money of the United States, on the 1st day of , ; and for such payment the faith and property of the territory comprised in said merged district at the time of its disorganization is hereby pledged. Said merged district was disorganized on the day of , 19 , and the territory thereof was, on the day of , 19 , incorporated with school district No , county, state of Kan- 14 BONDS — ^REFUNDING. [Ch. 1 sas. The officers signing this bond hereby certify that all the requirements of law have been fully complied with. In Testimony Whereof, This bond has been issued and signed by the director, attested by the clerk and countersigned by the treasurer of school district No , and registered by the county clerk. Dated at , county of , state of Kansas, this day °^ ~ ' ^^ Signed : Director. Attested: Clerk. Countersigned: _~ Treasurer. Sec. 29. Commissioners to Levy. [Laws 1903, ch. 430, sec. 3.] It shall be the duty of the county commissioners of the county in which the territory of such merged district lies to annually cause to be levied upon the property, real and personal, in the territory of such merged district, a tax suffi- cient to meet the interest and provide a sinking-fund for the payment of the indebtedness so refunded. In case of the disorganization and merger of any joint district, such tax shall be levied by the county commissioners of the respective counties wherein the territory of the merged district lies, and the moneys arising out of said levies, when collected, shall be paid to the treasurer of the county having the greater amount of the territory of said district, in the manner prescribed by section 1, chapter 226, of the Laws of 1889. Sec. 30. Suits against Merged Districts. [Laws 1903, ch. 430, sec. 4.] Suits may be brought by or against merged districts respecting bonds so issued, and the school-district oflBcers issuing said bonds or their successors shall appear for and in behalf of said merged district. Sec. 31. May Take up Merged- district Bonds. [Laws 1903, ch. 430, sec. 5.] That the qualified voters of any school dis- trict or joint district containing all of the territory of two or more school districts heretofore or hereafter disorganized may, by a majority vote thereof, at a special election called for that purpose, vote to issue the bonds of such joint district for the purpose of refunding or taking up of the bonds of the merged or disorganized district contained in such joint dis- trict. Such bonds shall recite that they are issued in pursu- ance of this act, and shall run in the name of the joint school district : Provided, That no greater amount of bonds shall be issued under this act than the total amount of bonds out- standing of the merged districts whose territory is contained in such joint district. Sec. 32. Law Governing Such Indebtedness . [Laws 1903, ch. 480, sec. 6.] Such indebtedness so created shall be consid- ered and treated as and shall be governed by the laws relat- ing to the general indebtedness of school districts. Sec. 33. Disorganized Districts, Bonds of . [Laws 1905, ch. CH. 1] BONDS — ^REFUNDING. 15 383, sec. 1.] If any disorganized school district has a legally existing bonded indebtedness at the time of its disorganiza- tion, such indebtedness shall attach to and be a charge against the territory comprised in such disorganized district at the time of its disorganization ; and it shall be the duty of the county commissioners of such county annually to cause to be levied upon the property, real or personal, in such disorganized ter- ritory a tax sufficient to meet the interest and provide a sinking-fund for the payment of such indebtedness. When- ever the bonded indebtedness of any disorganized district can be advantageously compromised and refunded, the officers of the school district to which such disorganized district shall be attached, or has heretofore been attached, or into which it has been merged, shall have the power, and it shall be their duty, to issue refunding bonds for such purpose, in the same man- ner and under the same restrictions and regulations now pro- vided by law for the refunding of other school-district bonds. 16 BUSINESS COLLEGES. [CH. 2 CHAPTER II.— Business Colleges. §34. Permit to canvass. I §37. Penalty for canvassing without a permit. 35. Revocation of permit to canvass. 38. Notes or contracts, void, when. 36. Permit to be shown by agent. I Skc^tion 34. Permit to Canvass. [Laws 1909, ch, 204. sec. 1.] That it shall be unlawful for any representative or any agent of any business college, or commercial department of any other school, to canvass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to se- cure their note for any tuition before the registration of said student in the college register at the college, without the school first making application to the state superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintend- ent of public instruction, upon receipt of said application, shall, before granting such a permit, publish a notice of said application in the official state paper for a term of thirty days, at the end of which time he shall grant the school making application such permit: Providing, however. That satisfactory proof has not come to his knowledge, after a diligent inquiry, that said school or business college or com- mercial department is incompetent to furnish such a course of instruction as it advertises, or that the moral surroundings of the institution are not good, or that the premises are kept in an unhealthy condition, or that the agents of said institu- tion use misrepresentations or fraudulent methods in securing contracts, notes t)r cash from prospective students, and in either of these cases he shall refuse to grant them a permit. Skc. 35. Revocation of Permit to Canvass. [Laws 1909, ch. 204, sec. 2.] After having granted any business college, com- mercial school, or commercial department of any other school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state super- intendent of public instruction shall revoke the permit and shall not reissue a permit to that school until he is satisfied that they will comply with the foregoing requirements. Sec. 36. Permit tp be Shown by Agnit. [Laws 1909, ch. 204, sec. 3.] Any agent or representative of any such school doing business within the state, or without the state, when operat- ing«within the state of Kansas, shall, upon request of any person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass within the state. CH. 2] BUSINESS COLLEGES. 17 Sec. 37. Penalty for Canvassing Without a Permit. [Laws 1909, ch, 204, sec. 4.] Any person who shall violate this act by canvassing for students with the intention of selling tuition for cash, contract or note for any business college, commercial school or any commercial department of any other school without first having this permit from the state superintendent of public instruction, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. Sec. 38. Notes or Contracts Void, When. [Laws 1909, ch. 204, sec. 5.] Any note or contract taken by any such busi- ness college or the commercial department of any other school, or their agents or representatives, for tuition without first having complied with the provisions of this act shall be void. -l" 18 CERTIFICATES — STATE. [CH. 3 CHAPTER III.— Certificates. ARTICLE L— State Certificates. § 39. State Board of Education. 40. Meetings and powers of state board. 41. Additional state certificates. 42. Approval of course of study. 43. Examination in professional subjects. 44. Certificates issued. 45. Other institutions entitled to credits. 46. Examination in common branches. 47. Examinations at approved institutions. 48. Credits may be refused, when. 49. Certificates from other states recognized. 50. Certificates void, when. 51. Certificates canceled, when. 52. Graduates of State University. 53. Graduates of other colleges. 54. Renewal. 55. Graduates in normal courses. 56. Normal School certificates. 57. Certificates renewable. 58. Registered and signed by state superin- tendent. 59. State Normal School certificates. 60. Registration of certificates and diplomas. 61. Duty of county superintendents and clerks of boards of education. 62. Unlawful to pay salary. 63. No fees. 64. Registration reported to state superin- tendent. Does not revive lapsed certificate. County board of examiners, how consti- tuted; qualifications and appointment. Public examinations; notice of same. Examinations in other counties and at state schools. Special examinations. Fees for certain examinations. Uniform examinations. State superintendent shall forward ques- tions, when. Unlawful use of examination questions. Penalty for unlawful use of examination questions. Examiners exempt. Grades of certificates. Professional ; to whom issued. First grade; to whom issued. Second and third grades; to whom issued. Temporary certificate. Issued on examination. County certificates, where valid. Revocation; causes for. Examination of teachers in physiology and hygiene. Examinations in districts employing ten or more teachers. Section 39. State Board of Education. [6212.] There shall be a State Board of Education, consisting of the state su- perintendent of public instruction, the chancellor of the State University, the president of the State Agricultural Col- lege, the president of the State Normal School, and three others to be appointed by the governor by and with the con- sent and advice'of the senate, selected from among those en- gaged in school work in the schools of the state. The three thus appointed by the governor shall hold their office for a term of two years, or until their successors are duly appointed and qualified. The State Board of Education thus consti- tuted are hereby authorized and empowered to issue state diplomas" to such professional teachers as may be found, upon critical examination, to possess the requisite scholar- ship and culture and who may also exhibit satisfactory evi- dence of unexceptionable moral character and of eminent professional experience and ability, and who have taught for two years in the state. All such diplomas shall be counter- signed by the state superintendent of public instruction, and shall supersede the necessity of any and all other examina- 11. A state diploma differs from a life certificate in branches and experi- ence required. The privileges granted by each are identical. See rules of State Board of Education, notes 38-53. CH. 3] CERTIFICATES — STATE. 19 tions of the persons holding the same by county, city or local boards of examiners, and such diplomas shall be valid in any county, city, town or school district in the state during the lifetime of the holder, unless revoked by the State Board of Education. (Laws 1893, ch. 132, sec. 1.) Sec. 40. Meetings and Powers of Board. [Laws 1905, ch. 387, sec. 1.] That section 6214 of the General Statutes of li^Ol be amended to read as follows : The State Board of Education shall meet at such times and places as by them may be deemed necessary and transact such business as may legally come before them, and examine all applicants who may present themselves for such examination ; and, if satis- fied with the scholarship, culture and moral character of the applicant, and with his professional attainments and experi- ence, said board shall issue a state diploma or certificate, as the case may be, in accordance with such examination and the provisions of the law. The state board shall pre- scribe a course of study for the normal institutes and for the public schools of the state, and shall revise the same when the interests of the schools require it : Provided, That the course of study for elementary schools shall include all studies required by chapter 435^^ of the Session Laws of 1903 and section 6235" of the General Statutes of 1901. The auditor of state is hereby authorized to issue warrants upon the state treasurer against any funds not otherwise appropriated for the actual expenses of the members of said Board of Education incurred in attending the meetings or examinations provided for in this act, except for the examinations as specified in sec- tion 8 of this act : Provided, In each case, that said warrant shall issue only upon the statement verified by affidavit of the member submitting such account, and approved by the secre- tary of said Board of Education : Provided also, That the sum total of said expenses of the board shall not exceed $300 per annum. Sec. 41. Additional State Certificates. [6213.] The State Board of Education are furthermore authorized and empow- ered to issue state certificates of high qualifications to such teachers as may be found, upon examination, to possess the requisite scholarship, and who may also exhibit satisfactory evidence of good moral character, and ability to teach, and skill to govern and control children. The certificates issued by the State Board of Education may be of two grades — one for three years and one for five years ; and all certificates is- 12. Section 201 of this book. 13. Section 84 of this book. 20 CERTIFICATES — STATE. [CH. 8 sued by said board shall be countersigned by the state super- intendent of public instruction, and such state certificate shall supersede the necessity of all other exaraioations of the per- sons holding them by county or local boards of examiners; and such certificates shall be valid in any county, city, town, or school district in the state for the term of three or five years^* (as therein set forth), unless sooner revoked by said State Board of Education. (Laws 1876, ch. 122, art. 6, sec. 8 ) Sec. 42, Approval of Course of Study. [6215.] Upon the application of any college, university, or educational institu- tion of like standing, incorporated under the general laws of the state of Kansas, the State Board of Education shall have the power to examine the course of study prescribed and the character of the work done by it, and if, in the judgment of said board, it shall prove to have as efficient course of study as the four-years courses of study in the State Normal School,^® the said State Board of Education shall have power to accept grade given on academic subjects completed in course and passed in regular examination to persons who are graduates of or may hereafter graduate from such institution, in lieu of the examinations on the same subjects required for the state certificate which said board is empowered to give by sections 1 and 2 of this act,^^ and section 8 of article 6, chapter 122, Laws of 1876. (Laws 1893, ch. 132, sec. 3.) Sec. 43. Examination upon Professional Si(,bjects. [6216.] The board shall examine all persons whose grades are thus accepted, upon the professional subjects included in the course of study at the State Normal School , viz. : Philosophy of edu- cation, history oteducation, school laws, methods of teaching, school management, and upon such other subjects as the regu- lations of the board require upon which they are unable to present grades as required in section 3 of this act." (Laws 1893, ch. 132, sec. 4.) Sec. 44. Certificates Issued. [6217.] To all persons re- ceiving credits and passing examinations as required in the preceding section, the State Board of Education shall issue the three-years certificate provided for b}'' the sections men- tioned by the third section of this act,^^ and at the expiration 14. These certificates are not renewable. 15. The law makes the State Normal School course the basis. Schools seeking approval under this section should consult the catalogue of the State Normal School for information as to quantity and kind of work required. 16. Sections 39, 40, 41 of this book. 17. Sections 39, 40, 41 of this book. 18. Section 42 of this book. CH. 3] CERTIFICATES — STATE. 21 of that time, if the holder of said certificate satisfies the board that he has taught successfully at least two years out of the three, and has kept himself well informed in the general literature of his profession, said board shall issue a life cer- tificate in lieu of the first one issued. (Laws 1893, ch. 132, sec. 5.) Sec. 45. Other ImHtuHo-ns Enlilled to Credits. [6218.] The graduates of the State University, the State Agricultural Col- lege, and of institutions of learning in any of the United States maintaining, in the judgment of the State Board of Education, the same high grade of scholarship as required in section 3 of this act," shall be entitled to similar credits. (Laws 1893, ch. 132, sec. 6.) Sec. 46. ExaminationinComw on Branches. [6219.] When the examination papers show a lack of knowledge of the com- mon branches, so-called, viz., history of the United States, arithmetic, grammar, geography, orthography, and penman-, ship, the said board is authorized to require the candidate to pass a specific examination upon the same. (Laws 1893, ch. 132, sec. 7.) Sec. 47. Examinations at Approved Institutions. [6220.] The State Board of Education is authorized to give examina- tions at the institutions whose course of study it approves, each institution bearing the expense of the same. (Laws 1893, ch. 132, sec. 8.) Sec. 48. Credit Maybe Refused, When. [6221.] When the said board satisfies itself that any institution is not main- taining the standard by which it received the approval of the board, its graduates shall not be entitled to the credits pro- vided in section 3.'" (Laws 1893, ch. 132, sec. 9.) Skc. 49. Certificates from Ot'tier States Recognized. [6222.] When the State Board of Education is satisfied that any resi- dent of this state, holding a state certificate issued by any other state in the United States, secured the same by pass- ing an examination equivalent to that given by said board, it may issue to said person the certificate as provided for in section 3 of this act,^^ without further examination. (Laws 189:^,, ch. 132, sec 10.) Sec. 50. Certificates Void, When. [6223.] All life certifi- cates issued by the State Board of Education or by the re- 19. Section 42 of this book. 20. The State Board of Education is snecifically empowered to withdraw approval from any school accredited under section 42, if it appears to the board that said school is not maintaining: the required standard. 21. Section 42 of this book. 22 CERTIFICATES — STATE. [Ch. 3 gents of the State Normal School shall be void if the holder of the same should not be engaged in school work for three consecutive years : Provided, That certificates may be re- newed by the State Board of Education. (Laws 1893, ch. 132, section 11.) Sec. 51.^^ Certificafes Canceled, When. [6224.] The said State Board of Education is empowered to cancel any state certificate which said board, on satisfactory proof, finds to be held by a person of immoral character or otherwise disquali- fied for a teacher. (Laws 1893, ch. 132, sec. 12.) Sec. 52. Graduates of State University. [6236.] Any gradu- ate of the school of arts of the University of Kansas whose course of study shall have included the subjects required for the teacher's diploma of the said University shall, upon the presentation of said teacher's diploma of the said University to the State Board of Education, receive a three-years certifi- cate to teach in the public schools of this state. (Laws 1899, ch. 179, sec. 1.) Sec. 53. Graduates of Other Colleges. ^^ [6237.] Any gradu- ate of any other university or college incorporated under the laws of this state maintaining a department of education and maintaining the same or equivalent^* requirements for admis- sion to the freshman class as the University of Kansas, and requiring and maintaining a regular four-years course there- after for graduation, and accredited as such by the State Board of Education, shall, upon the presentation of the di- ploma of such university or college to the State Board of Education, receive from said board a three-years certificate to teach in the p^ublic schools of this state : Provided, That his course of study shall have included the subjects^* required for the teacher's diploma of the University of K9,nsas, as ap- proved by the State Board of Education. ^^ (Laws 1899, ch. 179, sec. 2.) Sec. 54. Renewal. [6239.] Any person holding a three- years certificate granted in accordance with the provisions of section 1 or section 2 of this act^® may, at any time within 22. See section 83 of this book for additional cause for revocation. 23. See note 47. 24. Colleges asking privileges under this section should consult the an- nual catalogue of the University of Kansas for information about the re- quirements of this section. The law makes the course of the University of Kansas the basis. 25. See note 49. 26. Sections 52, 53 of this book. CH. 3] CERTIFICATES — STATE. 23 six months*^ before or after its expiration, apply to the State Board of Education for a life certificate, and if it shall appear to the said State Board of Education that the applicant is of good moral character, has taught successfully not less than two years** of the three, and has kept himself well informed in the general literature^* of his profession, a life certificate shall be issued to said applicant by said Board of Education : Provided, That such life certificate shall be void if the holder thereof is out of the teaching profession for three consecutive years : Provided, That life diplomas^^ may be renewed by the State Board of Education. (Laws 1899, ch. 179, sec. 4.) Sec, 55. Graduates in Normal Courses.^'^ [6288.] The State Agricultural College and any educational institution incor- porated under the laws of this state, and accredited by the State Board of Education as maintaining a course of study including all the branches ^^ prescribed by law and required by said State Board of Education for securing a three-years certificate to teach in the public schools of the state, is hereby authorized to grant a diploma — the form of which shall be prescribed by the State Board of Education — to any person who shall complete the above-specified course of study, which diploma shall be accepted by the State Board of Education as authorization for granting to the holder of such diploma a three-years certificate^^ to teach in the public schools of the state of Kansas : Provided, Said person shall have given not less than twenty weeks^^ to practice teaching under the pro- vision of the pedagogical department of said educational in- stitution. (Laws 1899, ch. 179, sec. 8.) Sec. 56. Normal Course Certificates. [Laws 1905, ch. 388, sec. 1.] The board of regents of the State Normal School shall have power to fix for the State Normal School and its auxiliaries courses of study, preparatory and normal, and shall fix, in addition to the two-years course as now provided by law, a course of not less than three years in the normal 27. The law determines the limits of time within which this certificate may be renewed. 28. The law prescribes the requirements for renewal of this certificate and makes the State Board of Education the judge of when said requirements have beeri met. 29. "Diploma," as here used, refers to the life certificate mentioned in this section. 30. Read notes 47-53. 31. See manual of the State Board of Education, edition of 1906, page 9. 32. This certificate is not renewable, (See note 49.) 33. See note 48. 24 CERTIFICATES — STATE. [GH. 3 department of each of the auxiliary schools, in such manner as may seem to them economical and effective in the training of teachers ; and, in so doing, they shall not be limited by any of the restrictions heretofore made as to subjects of [or] the length of courses ; and before issuing the life diploma on completion of the full course of instruction in the State Nor- mal School, as provided by law, the said board of regents shall issue to students of the State Normal School and its auxiliaries a one-year state certificate^^ on the completion of the first two-years course at the Normal School or its auxilia- ries, as heretofore, and shall on the completion of the three- years course in the State Normal School or its auxiliaries issue a diploma, which shall be a certificate valid for teach- ing in the public schools of the state for three years. ^* Sec. 57. Certificates Renewable. [Laws 1905, ch, 388, sec. 2] Said board may provide courses of study for the State Normal School and its auxiliaries according to the standard set for accredited schools under the certificate law of 1899, '^ and may issue to graduates of such courses the three-years state certificate entitling such graduates to its privileges, in- cluding renewal by the State Board of Education, as provided by law. And said board of regents of the State Normal School shall have power to confer such degrees as they may deem proper ; but no honorary degree without a year or more of actual enrolment in school or without corresponding lit- erary, scientific and professional attainments shall ever be granted by the State Normal School. Sec. 58. Registered and Signed by State Superintendent. [Laws 1905, ch. 388, sec. 3.] All teachers' certificates and all diplomas having certificate value shall, before they are issued by this board, be presented to the state superintendent of public instruction for his signature and for registration in his office. Sec. 59. Sta^e Normal School Certificate. [6869.] As soon as any person has attended said institution twenty-two weeks, said person may be examined in the studies required by the board, in such manner as may be prescribed, and if it shall appear that said person possesses the learning and other qualifications necessary to teach a good common school, said person shall receive a certificate to that eff'ect from the prin- cipal, to be approved by the superintendent of public instruc- tion ; and as soon as any person shall have completed the 34. These certificates are not renewable. 35. These certificates are not renewable. 36. See section 53 of this book. CH. 3] CERTIFICATES — STATE. 25 full course of instruction in the State Normal School, he or she shall receive a diploma, which, when signed by the president of the institution, state superintendent of public instruction, and the board of directors of said school, shall be evidence that the person to whom such diploma is granted is a graduate of the Scate Normal School, and entitled to all the honors and privileges belonging to such graduates; and such diploma shall serve as a legal certificate of qualification to teach in the common schools of this state. (Laws 1864, ch. 99, sec. 13.) Sec. 60. Registration. [Laws 1905, ch. 394, sec. 1.] That every state certificate, state diploma or any other document issued by the State Board of Education as a teacher's certifi- cate, and every Kansas State Normal School diploma, one- year certificate or any other document issued by the Kansas State Normal School as a teacher's certificate, must be regis- tered by the county superintendent of the county, or with the clerk of the board of education of the city of the first or sec- ond class, in which the holder contracts to teach. Failure, neglect or refusal to comply with the foregoing provision will render said certificate, diploma, Normal School diploma or other document void as a teacher's certificate in such county or city of the first and second class until such registration is complied with. Sec. 61. Duties of Certain Officers. [Laws 1905, ch. 394, sec. 2.] It shall be the duty of the county superintendent or clerk of the board of education of a city of the first or second class to register all such certificates, diplomas or other docu- ments when presented to him by the holder thereof. It shall be the duty of said superintendent or clerk to provide a suit- able record for this purpose; said record to show the name and address of the holder, kind of certificate, diploma or other document held, date of issue and date of expiration, if issued for other period than the life of the holder. It shall be the fur- ther duty of the county superintendent or clerk of the board of education to issue to such holder a statement of the kind of certificate, diploma or other document held, giving date of issue and date of expiration of same. Sec. 62. Unlawful to Pay Snlary, When. [Laws 1905, ch. 394, sec. 3.] It shall be unlawful for any district board, board of education or board of trustees of a county high school to issue an order for payment of the salary for services as teacher of any holder of said certificate, diploma or other docutnent unless said holder presents a certificate of registra- tion as provided for in section 2 of this act. 26 CERTIFICATES — STATE. [CH. 3 Sec. 63. No RegistraHon Fee. [Laws 1905, ch. 394, sec. 4.] No fee shall be charged for the registration required by this act. Sec. 64. Report to State Superintendent. [Laws 1905, ch. 394, sec. 5.] It shall be the duty of the county superintend- ents and clerks of boards of education of cities of the first and second class to report, in October and March of each year, to the State Board of Education all certificates, diplomas or other documents registered in their respective counties or cities. It shall be the duty of the state superintendent to provide necessary blanks for this report. Sec. 65. No Revival. [Laws 1905, ch. 394, sec. 6.] No provisions of this act shall be construed to revive a state cer- tificate, state diploma or State Normal School diploma which has lapsed under provisions of section 6223" of the General Statutes of 1901, nor any certificate or diploma which has lapsed by expiration of time for which it was issued. 37. See section 50 of this book. 38. The board interprets the law as requiring that institutions asking to be accredited must establish and maintain a distinct department of peda- gogy, filled by a teacher of eminent educational qualifications, secured through long experience in the schoolroom and through special pedagogical studies, or by a full college course which shall have included the pedagogical subjects which he shall be required to teach. 39. All professional work must be done in'an institution accredited under the law of 1899, or else the examination must be taken in five professional branches. 40. Those colleges whose courses have been approved are required to have at least 100 volumes of standard works in their pedagogical libraries. 41. The board will recognize summer work in accredited colleges only when such work is done in a regularly organized term of not less than ten weeks and the teaching is done by the regular instructors: Provided, That not more than three of the ten-weeks subjects be taken in any one summer termfl ,, 42. Graduates of the school of arts of accredited colleges or universities in this state may take the professional work in course in the institution from which they graduated, or in any other accredited college or university in the state; but if they do not devote the time specified in actual resident class work, they will be required to take the examination in the professional subjects given by this board. 43. The board will not accredit the arts courses of any institution which does not require for admission at least three years of Latin and two years additional language work, algebra to ratio and proportion, and plane and solid geometry, and in other respects require the equivalents of the prepa- ration for admission to the State University. J 44. The institutions whose normal course has been approved will under- stand that the standard for admission should be a second-grade certificate, or an examination equivalent to the same. All of the work contemplated in the course, including advanced work in the common branches, is designed to be of such high character as will be profitable to such candidates. CH. 3] CERTIFICATES — COUNTY. 27 Sec. 66. County Board of Examiners. [Laws 1905, ch. 390, sec. 1.] In each county there shall be a board of county ex- aminers, composed of the county superintendent, who shall be ex officio chairman of the board, and two competent per- sons, holders of professional certificates or first-grade certifi- cates, or of state certificates, or of diplomas from the State 45. The texts to be used in all of the subjects embraced in the course are to be those approved by the State Board of Education, or those generally recognized as their equivalent. 46. Permanent records of the work of each student are to be kept, giving a full history of his entrance and course until graduation. 47. Institutions asking approval of their normal courses under the law of 1899 must maintain a course equivalent to one of the four-years courses at the State Normal School, including twenty weeks' practice teaching, under the head of the pedagogical department. Practice teaching referred to must not include any teaching for which pay is received. 48. The interpretation by the board of the term "practice teaching," as contained in the law ( Laws of 1899, chapter 179, section 3 ) , is, that it means actual model-school work as given at the State Normal Sch®ol, and that it requires the establishment of model schools, connected entirely with the institutions approved. 49. Certificates granted to graduates of normal courses of accredited in- stitutions under the law of 1899 are not renewable. The board, however, may grant life certificates to the holders of such certificates, at their ex- piration, upon examination in the five professional branches. 50. The standard of admission to the normal course must be at least as high as that required by law for a second-grade county certificate. 51. The foregoing standard is for admission only, and does not permit the acceptance of records in any subjects on first- and second-grade country cer- tificates in lieu of class work and examinations in the course proper; neither does it permit the acceptance of grades made at other schools not approved by the board. 52. Graduates of high schools whose diplomas admit to the freshman class of the State University may be given not to exceed one and one-half years' credits on purely academic subjects, though such subjects shall not include the common branches. 53. Common-school texts in college subjects do not meet the standard approved by the board. Note.— The awarding of a certificate, or any other act within the jurisdic- tion of the board, must have duly received, in the lawful course of business, the consent of at least two members of the board, in order to be, legally, an act of the board. County certificates can be legally granted only by the board. A county certificate cannot be lawfully dated back beyond the time when the county board, in the lawful course of business, actually awarded the same. Although the county board may, by revocation for cause, abridge, they cannot lawfully extend the time during which a certificate issued by them shall be in force, nor renew the same without a public examination of the holder thereof. A public examination is the only legal basis for the issue of a certificate. It is the province of the board to determine the standing of the applicant in every study, and to inquire into the " competency" of the candidate to teach and govern a school successfully. It is proper for the board to refuse a certificate to an applicant passing the necessary examination but not satisfying the board as to his ability to "teach and govern a school successfully." 28 CERTIFICATES — COUNTY. [CH. 3 University, the State Normal School, or the State Agricul- tural College, who shall be appointed by the county commis- sioners on the nomination of the county superintendent, and shall serve one year from the time of their respective ap- pointments, and each of whom shall receive for his services the sum of three dollars per day for not to exceed twenty- four days in any one year. Sec. 67. Public Exami nations. [Laws 1905, ch. 391, sec. 1.] The board of county examiners, two of whom shall con- stitute a quorum, shall, on the last Saturday of January and of October, and on Saturday of the last week of the county normal institute, together with the Friday preceding each such Saturday, only at such places as may be designated by the chairman (who shall give ten days' notice of each exami- nation), publicly examine all persons proposing to teach in the common schools of the county (cities of the first and second class excepted) as to their competency to teach the branches prescribed by law ; said board shall open each sepa- rate package of questions not earlier than the hour specified thereon by the state superintendent, and shall give the candi- dates the questions at the hour specified for the beginning of the examination on that subject ; said board of examiners shall issue certificates, as by law provided, "to all such appli- cants as shall pass the required examination and satisfy the board as to their good moral character and ability to teach and govern schools successfully. Sec. 68. Examinations in Other Counties and at State Schools. [Laws 1905, ch. 391, sec. 2.] Applicants for any grade of county certificates for any county of the state may write in the examination given in any other county of the state, or, if students at the State University, State Agricultural Col- lege, or State Normal School or either of its auxiliaries, at an examination conducted by the presiding officer thereof , on the questions and under the laws and regulations for the county examination ; and the county examining board of any county, on receiving the papers, with a properly signed cer- tificate on a blank to be provided by the state superintend- ent, together with one dollar for the institute fund for each applicant, shall issue certificates as provided in case of regu- lar county examinations. Sec. 69. Special Examinations. [Laws 1905, ch. 391, sec. 3.] Each county superintendent may, if he deems it neces- sary, conduct a special examination at the time of the closing of normal institutes in some other county or counties : Pro- vided, That the examination conform to the law in all other respects, including the questions prepared for that examina- CH. 3[ CERTIFICATES — COUNTY. 29 tion, and it shall be the duty of the state superintendent to furnish these questions, if notified by the county superin- tendent ten days before the date of the examination that he has accepted fees from two or more candidates for that ex- amination. Sec. 70. Fees. [Laws 1905, ch. 391, sec. 4.] Each candi- date for the examination under the provisions of section 2 and section 3 of this act shall pay a fee of one dollar for this examination if taken at a state educational institution, or two dollars if taken before a county examining board, one dollar of which shall go into the institute fund of the county in which the examination is written. Sec. 71. Uniform System of Examinations. [6233.] That the State Board of Education is hereby instructed to prepare a series of questions for each examination, to be used in each county of the state of Kansas for the examination of teachers ; and the state superintendent is hereby instructed to procure the printing of the same and distributing to the superintend- ents of the several counties in the state, as hereinafter pro- vided. (Laws lt85, ch. 180, set;. 1.) Sec. 72. Questions Sha'l be Forivarded. [6234.] The state superintendent shall forward all questions to the superin- tendents of the several counties in the state of Kansas : Pro- vided, That said questions shall be forwarded in time to reach their destination at least two days before required for use . A7)d provided further, That said questions shall not be opened except in the presence of a majority of the examining board on the day and hour of examinations.®* (Laws 1885, ch. 180, sec. 2.) Sec. 73. Unlawful Usf- of Examination Qutstions. [Laws 1909, ch. 208, sec. 1.] It shall be unlawful for any person to sell or offer for sale, or buy or offer to buy, or to distribute, or have in his or her possession any printed or written ex- amination questions prepared for any examination to be held for the purpose of testing the qualifications of persons desir- ing to be admitted to the practice of any of the professions in this state in which it is required that such persons be ex- amined as to their qualifications, or any printed or written examination questions prepared for teachers' examinations for any of the schools of this state, or of any printed or writ- ten examination questions prepared for the final examination of any students in any of the higher institutions of learning of this state, desiring to graduate from said institutions, prior to the time of the holding of such examination. 64. See section 67 of this book. 30 CERTIFICATES — COUNTY. [CH. 3 Sec. 74. Penalty for Unlawful Use of Examination Questions. [Laws 1909, ch. 208, sec. 2. J Any person selling or offering to sell, buying or offering to buy, distributing or having in his or her possession any such examination questions, con- trary to the provisions of section 1 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in the county jail for not less than ten days nor more than six months. Sec. 75. Examiners Exempt. [Laws 1907, ch. 208, sec. 1.] The provisions of this act shall not be construed to prevent the proper officials or instructors whose duty it is to conduct the said examination, referred to in section 1 of this act, from having in their possession printed or written copies of such examination questions. Sec. 76. Grades of Certificates. [Laws 1907, ch. 341, sec. 1.] Certificates issued by county boards shall be of four grades, professional, first grade, second grade, and third grade, and shall continue in force in the order named for the respective periods of three years, three j^ears, two years, and one year." Sec. 77. Professional; to Whom Issued. [Laws 1907, ch. 341, sec. 2.] Professional certificates shall certify that the person to whom issued is of good moral character, and pro- ficient in and fully qualified to teach orthography, reading, writing, English grammar, geography, arithmetic, history of Kansas, United States history, constitution of the United States, bookkeeping, physiology and hygiene, theory and practice of teaching, elements of physics, algebra, English literature, and general history, and shall not be issued to persons under twenty-one years of age, nor to such persons as have not taught successfully thirfcy-two school months :" Provided, That the person who receives a professional certifi- cate shall make a -general average of not less than ninety per cent., and in no case shall the person receive a professional 55. Section 67 provides that the county board of examiners "shall pub- licly examine all persons proposing to teach . . . as to their competency to teach the branches prescribed by law. " Sections 201 and 84 indicate what branches shall be taught in the public schools. Carrying Grades. The law does not authorize the carrying of grades from one examination to another, except as provided for professional certifi- cates in section 77 of this book, nor the granting of any privileges pertaining to the examination as a reward for attending normal institutes. Certificate in Case of Joint District. In the case of a joint district, the certificate must be issued by the board of examiners of the county in which the largest amount of territory is found. 56. This experience need not have been had in Kansas, nor in the public schools, but must be shown to the satisfaction of the board of examiners. Ch, 3] CERTIFICATES — COUNTY. 31 certificate who shall fall below eighty-five per cent, in any- one branch : Provided, That any person who shall at any regular examination make a grade of ninety per cent, or more in any branch, the same shall be credited on a profes- sional certificate : Provided, That no grade shall be carried longer than two years," nor shall any grade be credited un- less the general average shall entitle the applicant to at least a third-grade certificate.^* Any person holding a professional certificate shall, upon the payment of a fee of one dollar, be entitled to a renewaP* of said professional certificate without examination : Provided, Said applicant shall not have re- mained out of service as a teacher in the public schools longer than two consecutive years, was a regular member and attended at least ninety per cent, of the time of one of the last three institutes preceding the renewal of said certifi- cate, was a regular and active member of the county teach- ers' associations, and shall be a regular subscriber to some standard educational journal, and shall perform such other professional work as the state or county superintendent shall direct. '''' Sec. 78. First Grade; to Whom Issued. [Laws 1903, ch. 424, sec. 5.] Certificates of the first grade may be issued to persons of not less than nineteen years of age, who have taught successfully no less than twelve months, and who shall fully satisfy the board as to their ability to teach all the branches prescribed for a professional certificate except gen- eral history and elements of natural philosophy : Provided, That persons who receive first-grade certificates shall make a general average of not less than ninety per cent., and in no case shall a person receive a certificate of the first grade who shall fall below seventy per cent, in any one branch. 57. An applicant lacking age and experience requirements for a profes- sional certificate may accumulate grades therefor, but a professional certifi- cate cannot be issued unless the person has met said requirements within two years from the date of the first credit of grades.; 58. No grades can be carried toward a professional certificate from an examination in which the applicant fails. However, any holder of a valid county certificate may take one or more branches at any regular county ex- amination with a view of securing nineties to be credited toward a profes- sional certificate, but no nineties can be carried from any such examination unless the average of all branches taken by the applicant at that examina- tion is seventy-five per cent, or over. Seventy-five per cent, is the minimum average for a third-grade certificate. 59. Professional certificates are renewable by the county superintendent for a period of three years, 60. A professional certificate may be indorsed in another county and there- after may be renewed in that county. S2 CERTIFICATES — COUNTY. [CH. S Sec. 79. Second and Third Grades; to Whom Issued. [Laws 1903, ch. 424, sec. 6.] Certificates of the second grade" may be issued to persons of not less than eighteen years of age, who have taught successfully not less than three school months, and who shall fully satisfy the board as to their ability to teach all the branches prescribed for first-grade cer- tificates except bookkeeping and literature : Provided, That persons who receive a second-grade certificate shall make a general average of not less than eighty per cent., and in no case shall a person receive a second-grade certificate who falls below sixty per cent, in any one branch : Provided further, That third-grade®^ certificates may be issued to per- sons not less than eighteen years of age, and who shall fully satisfy the board as to their ability to teach all the branches prescribed for second-grade certificates except algebra: Pro- vided, Persons who receive third-grade certificates shall make a general average of not less than seventy-five per cent., and in no case shall any person receive a third-grade certificate who makes less than sixty per cent, in any one branch : Pro- vided, That persons who are not less than sixteen years of age, and who have completed at least two years of high- school work, or its equivalent: And Provided, That teachers not of the age of eighteen years and holding third-grade cer- tificates at the time of the enactment of this act shall be en- titled to the benefits of this act. Sec. 80. Temporary Cer'ificate. [Laws 1907, ch. 342, sec. l.j That the county superintendent of any county in this state, upon request made in writing by such district board, is authorized to issue temporary teachers' certificates to any person not under eighteen years of age applying therefor, when in the judgment of such county superintendent the ap- plicant is a person of good moral character and possesses the necessary qualifications of a teacher : Provided, however, That such applicant make affidavit that he has not failed in the last preceding examination for teachers' certificates in any county in this state : A-nd provided further, That such' temporary cer- tificate, when issued, shall not be effective or in force from or after the next quarterly examination for teachers' certificates in the county wherein same was issued. ^^ Sec. 81. Issued on Examination. [Laws 1903, ch. 424, sec. 7.] No certificate shall be issued by any county board or 61. See section 82 of this book for validity in other counties, 62. See section 82 of this book for validity in other counties. 63. At the expiration of a temporary certificate another temporary cer- tificate cannot be issued. CH. 3] CERTIFICATES — COUNTY. 38 county superintendent except upon examination as provided in this act : Provided, That county boards may renew pro- fessional certificates from year to year, as provided for in sec- tion 4 of this act," Sec. 82. County Ceriificatea, Where Valid. [Laws 1905, ch. 393, sec. 1 . ] No certificate shall be of force except in the county in which it is issued : Provided, That the county superintend- ent may indorse®^ unexpired professional and first-grade, sec- ond- and third-grade certificates issued in other counties, on payment of the usual fee of one dollar, which certificate shall thereby be valid in the county in which such indorsement is made for the unexpired term of the certificate.*® A certificate issued under this act may be revoked by the board of exam- iners on the ground of immorality or for any cause that would have justified the withholding thereof when the same was granted. Sec. 83. Revocation.; Causes For. [Laws 1905, ch. 392, sec. 1.] Any certificate issued by the State Board of Educa- tion, regents of the State Normal School, county board of ex- aminers or city board of examiners may be revoked by the body issuing the same on the grounds of immorality, gross neglect of duty, annulling of written contracts with boards of education and district boards without the consent of a majority of the board which is a party to the contract, or for any cause that would have justified the withholding thereof when the same was granted. Sbo. 84. Examination of Teachers in Physiology and Hygiene. [6235.] No certificate shall be granted to any person to teach in any of the public schools of this state after the 1st day of •January, 1886, who has not passed a satisfactory examination in the elements of physiology and hygiene, with special refer- ence to the effects of alcohol stimulants and narcotics upon the human system ; and provision shall be made by the proper officers, committees and boards for instructing all pupils in each public school supported by public money and under state control upon the aforesaid topics. { Laws 1885, ch. 169, sec. 1.) Sec. 85. Examinations in Districts Employing Ten or More Teachers. — [Laws 1907, ch. 340, sec 1.] That in any com- 64. Section 77 of this book. 85. The indorsement of any county certificate is optional with the eoxmty superintendent. 66 The indorsement of a certificate by a county superintendent in a county other than the one in which it was issued makes it a legal certificate in the county where indorsed until it expires by limit of date. A specified limitation accompanying the indorsement is of no effect. 3'- CERTIFICATES — COUNTY. [CH. 3 mon-school district employing ten or more teachers therein, the school board may appoint two competent persons, who, together with the superintendent of the school of such dis- trict, shall constitute an examining committee of such school board, whose duty it shall be to examine all persons who may apply to them as teachers ; and no person except one who holds a diploma or a certificate from the State Board of Edu- cation or a diploma from the State Normal School shall be elected by such board as a teacher who cannot produce a cer- tificate from the examining committee, and setting forth that such person is competent to teach in such department of said school as may be stated in the certificate and is a person of good moral character: And provided, That a person holding such state diploma, state certificate or State Normal School certificate or a certificate granted by the aforesaid examining committee shall not be required to take any county teachers' examinations. CH.4] COMPULSORY EDUCATION. 35 CHAPTER IV. — Compulsory Education. § 86. Who must attend school ; liability of par- ents and guardians. 87. Truant officers; appointment; duty. 88. Incorrig-ible pupils. 89. Compensation of truant officers. 3 90. Teachers and school officers to report. 91. Annual school census. 92. Deaf, mute and blind must be educated. 93. Penalty. 94. Education of childen in asylums. Section 86. Who Must Attend Schools; Liability of Parents and Guardians. [Laws 1903, eh. 423, sec. l.J Every parent, guardian or other person in the state of Kansas having con- trol or charge of any child or children between the ages of eight and fifteen years, ''^ inclusive, shall be required to send such child or children to a public school, or a private, de- nominational or parochial school ^^ taught by a competent^^ in- structor, each school year, for such period as said school is in session : Provided, That any child of the age of fourteen years or more who is able to read and write the English language, ^^ and who is actively and regularly employed"^ for his own sup- port or for the support of those dependent upon him, shall not be required to attend the aforesaid schools for a longer period or term than eight consecutive weeks in any one year : Provided, That any and all children that have received a cer- tificate of graduation from the common schools of any county or certificate of admission to a high school in any city in the state of Kansas shall be exempt from the provisions of this act : Provided, That the children who are physically or men- tally incapacitated for the work of common schools are ex- empt from the provisions of this act, but the school authorities shall have the right,™ and they are hereby authorized, when such exemption under the provisions of this act is claimed by any parent, guardian or other person in the control or charge of such child or children, to cause an examination of such child or children by a physician or physicians employed for such purpose by such authorities,^^ and if such physician or 67. The ages are from the eighth birthday to the fifteenth birthday, 68. The parent or guardian may determine the particular kind of a school which the child shall attend. Attendance at a night school does not afford sufficient time to become a substitute for attendance upon a day school. This state requires that instructors in such schools be competent; a teacher may be competent without being the holder of a teacher's certificate. For exclusion on account of a contagious disease, see section 205. 69. He must be able to read and write the English language, and alsd'Joe actively and regularly employed as stated in the law. % 70. It is entirely within the province of school authorities to determine the validity of the claim for exemption. ;5 71. The school boards should pay the expense of the examination by the physician. 36 COMPULSORY EDUCATION. [CH. 4 physicians hold that such child or children are capable of doing the work in the common schools, then such child or children shall not be exempt from the provisions of this act. Sec. 87. Truant Officers; Appointment; Duty. [Laws 1907, ch. 317, sec. 2.] The county superintendents of public instruc- tion shall divide their respective counties, exclusive of all cities of the first and second class therein, into not less than one nor more than five truant districts, and the board of county commissioners shall, upon the nomination of the county su- perintendents of public instruction of their respective coun- ties, appoint a truant officer for each district thus created, who shall hold his office at the will of the county superintendent of public instruction ; and the boards of education of all cities of the first and second class,respectively, shall, independently and originally, appoint the truant officers or officer of their re- spective cities, to serve at the pleasure of the appointing board. Each truant officer, in his respective district, shall see that the provisions of this act are complied with,'^ and when from personal knowledge, or by report, or complaint of any resident or teacher of the district under his supervision, or from any information, he believes that any child subject to the provi- sions of this act is habitually absent from any school which it should or has been accustomed to attend, or has been as- signed to attend by order of the directors of any country dis- trict, or by the classification, transfer, or order of the board of education or superintendent of schools of any city of the first or second class, for a period of three or more consecutive days, unless excused under the provisions of section 1 of this act, he shall immediately give written notice^' to the parent, guardian or other person having control or charge of such child, or, in the absence of such parent, guardian or other person having control or charge from his or her usual place of residence, shall leave a copy of such notice with some person over twelve years of age residing at the said usual place of residence, with instructions to hand said notice to said parent, guardian or other person having control or charge of such child, which notice shall require the attendance of said child at said school within five days from date of same ; and if within five days from the date of said notice such parent, guardian or other person having control or charge of such child does not comply with the provisions of this act, then such truant 72. The truant officer is under the direction and supervision of the county superintendent. 73. Formal written notice is required, and the notice is final for th« term. Notice by registered letter where delivery is prompt, or by special delivery where it can be used, is a legal notice if delivery can be proved. CH. 4] COMPULSORY EDUCATION. 37 officer shall make complaint in the name of the state of Kan- sas against such parent, guardian or other person having con- trol or charge of such child in the juvenile court or other court of competent jurisdiction of such county, which court is hereby clothed with jurisdiction over all offenders and proceedings under this act, with full power to try and hear all complaints, impose fines, enforce their collection by distress or imprison- ment, and to fully execute the provisions of this act. It shall be unlawful for any merchant, company, or other party, with- out the written permit of the board of directors of any country district, or of the board of education of any city of the first or second class, to employ any child therein, between the ages of eight and fifteen years, during the sessions of the school term or year, unless such child is exempt from attendance under the provisions of section 1 : Provided, That the board of direct- ors of any country district or the board of education of any city of the first or second class shall have authority, in the exercise of a sound discretion, to permit temporary absences of children from school, between the ages of eight and four- teen years, in extreme cases of emergency or domestic neces- sity. Any parent, guardian or other person having control or charge of such child delinquent in school attendance, and any merchant, company or other party unlawfully employing such child, upon conviction of the violation of any provision of this act, or of the act of which this is amendatory, shall be adjudged guilty of a misdemeanor, and shall be fined in a sum not less than five dollars nor more than twenty-five dol- lars for each offense, and be committed to the county jail till same is paid ; all fines collected shall be paid into the county treasury for the support of the common schools. It shall be the duty of all county attorneys, for country districts, in their respective counties, and of all city attorneys, in their respec- tive cities, to prosecute all complaints filed and actions brought under this act or under the provisions of the act of which this is amendatory. Sec. 88. Incorrigible Pupils. [Laws 1903, ch. 423, sec. 3.] In case any pupil becomes an habitual truant, or becomes a menace to the best interests of the school which he is attend- ing,'* then it shall be the duty of the truant officer to report said facts and conditions to the parent or guardian of said child. The parents shall be held liable under the provisions of this act for the regular attendance and good conduct of said child, unless said parent or guardian shall state in writ- ing to said truant officer that said child is beyond the control 74. Repeated and wilful disobedience of the rules of school is a menace to the best interests of the school. 38 COMPULSORY EDUCATION. [CH. 4 of said parent or guardian. Then it shall be the duty of the truant officer to proceed against said pupil under the provi- sions of the law governing juvenile disorderly persons. Cities of the first and second class will each constitute a separate district for the administration of this act, and the truant offi- cer or officers of such cities shall be appointed by the respect- ive boards of education of said cities : Provided, That there shall be in such cities but one truant officer for each 10,000 children, according to the school enumeration : Provided further, That no city shall have more than five truant offi- cers. The truant officers^^ of cities shall enforce the provi- sions of this act in the manner and under such penalties as are prescribed by section 2^^ of this act. Sec. 89. Compensation of Truant Officers. [Laws 1903, ch. 423, sec. 4.] The truant officers provided for in this act who are appointed by the board of county commissioners shall re- ceive from the county treasury two dollars for each day for actual service. ^^ The truant officers provided for in this act who are appointed by the board of education of any city of the first or second class shall receive from the treasury of such board of education two dollars for each day for actual service. Such truant officers shall be paid by the respective counties''^ or board of education in the same manner as other employees are paid : Provided, That no warrant shall be is- sued either on the county treasurer or the treasurer of the board of education for such services until the truant officer shall have filed an itemized statement of the time employed in such service, and such statement shall have been certified to by the county superintendent of public instruction or by the clerk of the board of education in the city in which such truant officer is employed : Provided further, That no truant officer shall receive pay for more days' service during any one year than the number of days the school is in session that year. Sec. 90, Teachers and School Officers to Report. [Laws 1908, ch. 423, sec. 5] All school officers are hereby required to 75. Truant officers of cities of the first and second class are under the su- pervision of their respective boards of education or the city superintendent, who is the board's executive officer. 76. Section 87 of this book. 77. The truant officer may be appointed probation officer of the juvenile court, as provided in section 269. "78. When the county superintendent has approved the bill of the truant officer, the county commissioners (or auditor) of the county have no option but to order payment of same. Truant officers are not entitled to pay for traveling expenses. They are entitled to pay for a reasonable amount of office work in connection with their regular duties. CH. 4] COMPULSORY EDUCATION. 39 make and furnish all reports that may be required by the county superintendent of public instruction or by the board of education of any city of the first and second class with reference to the workings of this act. Every teacher em- ployed in the public schools in the state of Kansas is hereby required, before receiving each month's salary, to make a re- port to the county superintendent of public instruction or to the superintendent of the city in which he may be employed, showing the names and addresses of all pupils who have been truant or habitually absent from school during the previous month, and stating reasons for such truancy or habitual ab- sence in each case, if known. All such cases of truancy so reported shall be brought to the notice of the proper truant officer by the county superintendent of public instruction or by the superintendent of the city by which he is employed. Sec. 91. Annual School Census. [Laws 1903, ch. 423, sec. 6.] In order that the provisions of this act may be more definitely enforced, it is hereby provided that the enumerators^' of school children, in taking their annual school census, shall ascertain and record the name, place ^^ and date of birth of every child enumerated, and the parent, guardian or persons having charge or control of such child shall subscribe and take oath or affirmation that such record is true. The enumerator is hereby empowered to administer such oath or affirmation ; and any parent, guardian or person having charge or control of any child who shall refuse to take such oath or afiirmation shall be adjudged guilty of misdemeanor, and upon convic- tion therof shall be fined in any sum not less than one nor more than ten dollars. Sec. 92. Deof, Mute, and Blind ; Education Required. [Laws 1905, ch. 384, sec. 1.] That every parent, guardian, com- pany, corporation, association, person or persons within the state of Kansas having control or charge of any deaf, dumb or blind child or person between the ages of seven and twenty-one years, inclusive, shall be required to send such child or person to some suitable school where deaf and blind are taught and educated. The instruction given the deaf shall be conducted either orally or by sign method, or both, for a period of at least five months in each year: Provid'^d, That this will not apply to such child or person where skilled private instruction is given for the same length of time each year. It shall be the duty of the truant ofiicer 79. In all districts under the supervision of the county superintendent the district clerk is the enumerator. 80. Address at the date of census. 40 COMPULSORY EDUCATION. [CH. 4 provided in section 2, Laws of 1903, to enforce the provisions of this act, the same as provided for the enforcement of chap- ter 423, Laws of 1903. Sec. 93. Penalty. [Laws 1905, ch. 384, sec. 2.] Any par- ent, guardian, company, corporation, association, member of any company, corporation, or association, person or persons who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be adjudged to pay a fine in any sum not to exceed 1 100. Sec. 94. Education of Children in Asylums. [Laws 1905, ch. 385, sec. 1.] Whenever it shall be necessary and practi- cable, poor children of the asylums who cannot be bound out, or whom it may not be expedient to bind out, shall be educa- ted thereat, or at the schools of the district in which such asylum may be situated, or in some adjacent district, and the board of county commissioners of any such county may arrange with such school district or districts for the educa- tion of such children and allow a reasonable tuition fee there- for. CH. 5] CHILD LABOR. 41 CHAPTER V. -Child Labor. S 95. Employment of children under fourteen, i § 98. Duties of inspectors. 96. Employment of children under sixteen. 99. Penalty. 97. CertiiScate of age required. I Skction95. Employracnt of Children Under Fourtf en. [Laws 1909, ch. 65, sec. 1] No child under fourteen years of age shall be at any time employed, permitted or sufifered to work in, or in connection with, any factory, workshop not owned or operated by the parent or parents of the said child, theater or packing-house, or operating elevators, or in or about any mine. It shall be unlawful for any person, firm or corpora- tion to employ any child under fourteen years of age in any business or service whatever during the hours in which the public school is in session in the district in which said child resides. Sec. 96. Employment of Children Under Sixteen. [Laws 1909, ch. 65, sec. 2 ] It shall be unlawful for children under sixteen years of age, who are employed in the several voca- tions mentioned in this act, or in the distribution or trans- mission of merchandise or messages, to be employed before seven o'clock a. m. or after six o'clock p. m., or more than eight hours in any one calendar day, or more than forty-eight hours in any one week. No person under sixteen years of age shall be employed at any occupation nor at any place dangerous or injurious to life, limb, health or morals. Sec. 97. Cert'ifcate of Age Required. [Laws 1909, ch. 65, sec. 3.] All persons, firms or corporations employing chil- dren in any of the vocations mentioned in this act under six- teen years of age shall be required to first obtain a certificate of the age of such children, based upon the school census records, the same to be secured where possible from the school superintendent, principal or teacher of the school or other person authorized by the school board to have charge of the school census records in the district or city wherein such children reside. Said certificate shall be issued without charge, and shall be substantially in the following form : , , Kan., city county date This certifies that , according to the records of the full name school census and from all knowledge that I can obtain, was bom day , , at , in county, state of month year , and is now years and month of age. His 42 CHILD LABOR. [CH. 5 (or her) height is „ , weight , tall— short— medium heavy— light — medium, complexion , hair , eyes , and he resides at fair or dark color color No , street. (Signature) of school or district No official school position name of school When said child's name and age does not appear on the school census enumeration of said city or district, then said firm, person or corporation employing such child shall secure an affidavit from the parent or legal guardian of such child, which statement shall contain the facts aad data as set forth in the above certificate, and shall be certified on oath before some ofiicer authorized to administer oaths. Such certificate or affidavit shall be sufficient protection to the employer of any child as to the age of such child, except when such em- ployer has actual knowledge of the falsity of such certificate, and all such certificates shall be kept constantly on file in a convenient place, and shall at all times be open to inspection of the proper authorities, as provided in this act. Sec. 98. Duties of Inspectors. [Laws 1909, ch. 65, sec, 4.] It shall be the duty of the state factory inspector, state in- spector of mines and their deputies to inspect the certificates hereinabove provided for, to examine cnildren employed in factories, workshops, theaters, elevators, packing-houses and mines and the vocations mentioned in section 2 of this act as to their age, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed. Sec. 99. Penalty. [Laws 1909, ch. 65, sec. 5.] Any person, firm or corporation employing any person or child in viola- tion of any provisions of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than tTiirty days nor more than ninety days. CH. 6] COUNTY SUPERINTENDENT. 43 100. Qualification. §121. 101. Term of office. 122. 102. Official oath and bond. 103. General duties ; quarterly report to 123. state superintendent. 124. 104. Apportionment of state and county school funds. 125. 105. Report school-district boundaries to 126. county clerk. 127. 106. Annual report to state superintendent. 128. 107. Compensation, how determined. 129. 108. Traveling expenses. 130. 109. Miscellaneous expenses. 131. 110. Vacancy in board of directors of 132. school district, how filled. 133. 111. Vacancy in office of county superin- tendent, how filled. 134. 112. Superintendent shall require clerks' 135. reports to be made promptly and cor- 136. rectly. 113. Power to administer oaths, in what 137. cases. 138. 114. Purchase of records for school dis- 139. tricts. 140. 115. Duty in forming and changing school 141. districts. 142. 116. Aggrieved persons. 143. 117. Notice of forming school district and 144. of first meeting, how made. 145. 118. Division of property. 119. Depopulated school district; indebted- ness, how paid. 146. 120. County treasurer shall pay orders. 147. CHAPTER VI. — County Superintendent. Superintendent may disorganize. When district shall be considered de- populated. Partially depopulated districts. Partially depopulated districts; defini- tion. Petition. County superintendent may attach. Floating indebtedness. Orders paid by county treasurer. Disposition of funds. Disposition of property. Territory not liable. Annexation of school districts. Division of districts annexed. Temporary consolidation of districts by county superintendent. Conveyance of pupils. How permanently to disorganize and consolidate. Transporting scholars. County superintendent to be notified. Record boundaries. Property of districts. Annual meeting. Name. Powers and duties of district board. Shall furnish map to assessor. Other duties ; delivery of records of office. Neglect or refusal to perform duty; prosecution of same. Duty as agent of Orphans' Home. Section 100. Qaalijication. [Laws 1907, ch. 167, sec. 1.] That a person to be elgible to the office of county superintend- ent of public instruction must hold a professional certificate^ first-grade certificate, or a state certificate, or be a graduate of an accredited college or normal school, and must have taught at least eighteen months : Providtd, That this act shall not apply to any person now holding the office of county superintendent or to any person who is now a county superin- tendent elect. Skc. 101. Term of Office. [6097.] The term of office of the county superintendent of public instruction shall begin on the second Monday of May of each odd year, beginning with the year a. d. 1901. (Laws 1899, ch. 244, sec. 1.) Sec. 102. Oath avd Bond. [6100.] The county superin- tendent of public instruction shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Kansas, to faithfully discharge the duties of said office, and execute to the state of Kansas a bond in the sum of $1000, conditioned to the faithful performance of his official duties; which bond, after having been approved by the board of county commissioners, together with his official 44 COUNTY SUPERINTENDENT. [CH. 6 oath, shall be filed in the oflSce of the county clerk. (Laws 1881, ch. 152, sec. 1.) Sec. 103. General Duties. [6101.] It shall be the duty of the county superintendent of public instruction to visit each school in his county at least once each term of six months,*^ correcting any deficiency that may exist in the government of the school,*^ the classification of the pupils, or the methods of instruction in the several branches taught; to make such suggestions in private to the teachers as he shall deem proper and necessary to the welfare of the school ; to note the char- acter and condition of the schoolhouse, furniture, apparatus, and grounds, and make a report in writing to the district board, making such suggestions as in his opinion shall im- prove the same ; to examine the accounts and record-books of the district officers, and see that they are kept as required by law ; to encourage the formation of associations of teach- ers and educators for mutual improvement, and, as far as possible, to attend the meetings of such associations, and par- ticipate in the exercises of the same ; to attend the normal held in his county, using his influence to secure the attend- ance of teachers ; to make daily a personal inspection of the work of the institute in session, and keep a record of the same in his oflfice, and do such work in connection with the exercises of the institute as he may deem neccessary f^ to hold a public meeting in each school district of his county at least once every year, for the purpose of discussing school ques- tions and elevating the standard of education ; to keep his office open at the county-seat, Saturday of each week, and in counties in which the superintendent receives a salary of more than $600 per annum, he shall keep his oflBce open when not necessarily absent attending to his official duties.^* He shall keep a complete record of his official acts ; a record of the name , age and post-office address of each candidate for a teacher's cer- tificate, with the number of weeks said candidate has attended a normal school or institute, the number of weeks he has 81. "At least once each term of six months" is held to mean at least once each half year. 82. The power to correct deficiencies in government, classification and methods of instruction implies a direct responsibility of the teacher to the superintendent. The language of the law is clearly intended to establish this relation somewhat as it exists in city schools. Failure to pay reasonable attention to the suggestions of the county superintendent in these matters is held to be sufficient ground for withholding the teacher's certificate. ^83. The county superintendent cannot receive compensation for work in connection with the normal institute. 84. The provisions of this section require the entire time of every county superintendent receiving a salary of over $600. CH. 6] COUNTY SUPERINTENDENT. 45 taught, his standing in each study, and the date of issue and expiration of each certificate granted. He shall keep a reg- ister of the teachers employed in his couaty, giving name of teacher, number of the district in which he is employed, dates of opening and closing term, salary per month, grade of certificate, and date of superintendent's visit. He shall keep a record of the semiannual apportionments of the state and county school funds, and such other statistical records as shall be required in making reports to the state superin- tendent of public instruction. He shall make out and trans- mit to the state superintendent, on the last Monday of March, June, September and December of each year, a report, show- ing the number of school visits made, with the average length of time spent in such visits ; the number of consultations held with school officers ; the number of days his office has been kept open ; the number of district treasurers' and clerks' record-books examined ; the number of teachers' meetings attended ; the number of public lectures delivered ; and such other information as the state superintendent may require regarding the duties of such county superintendent ; and until such report shall have been forwarded to the state su- perintendent, and a copy thereof filed with the county clerk for publication, and that fact certified by the said county superintendent to the board of county commissioners, the warrant for his salary shall not be drawn. The county su- perintendent shall obtain from the county clerk, at least ten days before the time for holding the annual school meeting each year, a certified statement of the total assessed valuation of the property in each school district in his county, and im- mediately certify the same to the several school-district clerks of his county, for the information of the annual school meet- ing ; and it is hereby made the duty of said county clerk to make out said certified statement, and deliver the same to the county superintendent. (Laws 1881, ch. 152, sec. 2.) Skc. 104. Apportionment of School Funds. [6102.] Within five days after receiving the certificate of the state superin- tendent of public instruction, informing him of the amount of state school fund which has been apportioned to his county, the county superintendent shall apportion the same, together with the unapportioned county school fund in the county treasury, among the school districts and parts of districts in such county, in the ratio of the number of persons of school age residing in each district or part of district, as shown by the last annual reports of the several clerks of such districts 46 COUNTY SUPERINTENDENT. [CH. 6 and parts of districts :^^ Provided, That no district in which a common school has not been taught at least three months the last preceding school year shall be entitled to receive any portion of either of said funds ;*® and he shall draw his order on the county treasurer in favor of each of the several school- district treasurers for the amount apportioned to such dis- trict. (Laws 1881, ch. 152, sec. 3.) Sec. 105. School-district Boundaries. [6103.] The county superintendent is hereby required to furnish the county clerk with a description of the boundary of each school district, on or before the last Monday in May of each year. (Laws 1887, ch. 219, sec. 1.) Sec. 106, Annual Report. [6104.] He shall, on or before the 15th of October of each year, make out and transmit in writing to the state superintendent of public instruction a re- port bearing date October 1, containing a statement of the number of school districts" or parts of districts in the county, and the number of children and their sex, resident in each, over the age of five and under the age of twenty-one years ;^ 85. A district that refuses or neglects to take the census according to law forfeits its right to a share of the annual school fund. 86. A district must not only have had a common school taught at least three months during the school year ending June 30, but it must also have made through its district clerk the requisite annual report for the school year in time to be included in the annual report of the county superintend- ent, or the county superintendent cannot legally apportion to the district a share of the next ensuing February and August dividends of the state and county school funds. In apportioning these funds, the county superintend- ent must be governed not only by the proviso regarding the length of school term, but also by the number of children of school age residing in the sev- eral districts of the county, "as the same shall appear from the last annual reports of the clerks of the respective districts." For purposes of apportion- ment, it is only from the annual report of a clerk of a district that a county superintendent can legally know the number of children of school age resid- ing in the district. In the case of the organization of a school district out of a part of the territory of another which is entitled to a portion of the state and county school funds, the newly formed district should be apportioned its just share of the funds to which the original district would have been entitled. If the division of the district was made before the time of making the annual re- port, the report of the new district should show the number of children resi- dent of the territory detached from the old district, so that this apportionment may be made upon official returns. If the new district was organized after the time of making the annual report, the officers of the former district should be directed to pay to the treasurer of the new district that portion of the funds to which the children residing upon the detached territory entitle said district. 87. Joint districts are reported by the superintendent under whose super- vision the districts are. 88. The annual reports of county superintendents constitute the basis upon which the state superintendent disburses the semiannual dividends to the several counties. If any county superintendent, therefore, fails to make his annual report, as required by law, the county loses its share of the state school fund, and the county superintendent becomes responsible to the county for the amount. CH. 6] COUNTY SUPERINTENDENT. 47 a statement of the number of district schools in the county, the length of time a school has been taught in each, the number of scholars attending the same, their sex, the branches taught and the text-books used, the number of teachers em- ployed in the same, and their sex ; a statement of the number of private or select schools in the county, so far as the same can be ascertained, and the number of teachers employed in the same, their sex, and the branches taught ; a statement of the number of graded schools in the county, the length of time school has been taught in each, and the number of scholars attending the same, their sex, and the branches taught, the number of teachers employed in the same, and their sex ; a statement of the condition of the normal school, where such school has been established, the number of students attend- ing the same, their sex, and the number of teachers employed in the same, and their sex ; a statement of the county normal institute ; a statement of the number of academies and col- leges in the county, and the number of students attending the same, and their sex, the number of teachers employed in each, and their sex ; a statement of the amount of public money received in each district or parts of districts, and what portion of the same, if any, has been appropriated to the support of graded schools ; a statement of the amount of money raised in each district by tax and paid for teachers' wages, in addition to the public money paid therefor; the amount of money raised by tax or otherwise for the purpose of purchasing school site, for building, hiring, purchasing, repairing, furnishing or insuring such schoolhouse, or for any other purpose allowed by law, in the district or parts of districts. (Laws 1881, ch. 152, sec. 5.) Sec. 107. Compensation. [Laws 1905, ch. 229, sec. l.J The county superintendents of public instruction of the sev- eral counties of the state shall be allowed by the board of county commissioners of their respective counties, as full compensation for their services for the county, the following salaries, to be paid out of the county treasury in quarterly instalments : In counties having a school population**' of less than 1000, the county superintendent shall receive, for each day actually and necessarily employed in the discharge of the duties of his office, the sum of three dollars per day, for a number of days not to exceed 180 in any one year ; in coun- ties having a school population of 1000 and not more than 89. " School population " is held to mean the enumeration taken annually by school-district clerks for the annual report. Such enumeration for each year should constitute the basis for the superintendent's salary for the next year, beginning second Monday of May. 48 COUNTY SUPERINTENDENT. [CH. 6 ]200, [he] shall receive $600 per annum; in counties hav- ing a school population of from 1200 to 1500, he shall receive |700 per annum ; and in counties containing more than 1500 persons of school age, he shall receive $700, and $20 per an- num for each additional 100 such persons : Provided, That no county superintendent shall receive to exceed $1000 per an- num, and that in determining the salaries of the county su- perintendent the school population of cities of the first and second class shall not be included in the territory attached for school purposes : Provided further, That in counties hav- ing more than 100 school-teachers employed, exclusive of those employed in cities of the first and second class, the county commissioners of said county shall add to the salary of $1000 per annum the sum of $200 per annum : Be it further provided. That if the county superintendent fail to spend at least one hour in each school in the county during the year, so as to observe for at least one hour the work of each teacher under his supervision, the county commission- ers shall deduct from the last quarterly instalment of his salary the sum of five dollars for each such delinquency;* Provided, This act shall not apply to counties having a spe- cial act fixing the compensation of county superintendent of public instruction. Sec. 108. Traveling Expenses. [6106,] That the county superintendents of the several counties in the state of Kan- sas shall receive the sum of one dollar per school per annum as traveling expenses in visiting said schools : Provided, In no case shall any county superintendent receive traveling ex- penses for schools not visited. (Laws 1901, ch. 191, sec. 1.) Sec. 109. Miscellaneous Expenses. [6106 ] He shall also be entitled to all money actually expended for stationery, postage, feight, and express. All money paid out of the county treasury for this purpose shall be out of the general fund of the county. (Laws 1901, ch. 191, sec. 2.) Sec. 110. Vacancy in Board. [6107.] Should a vacancy occur in the board of directors of any school district, it shall be the duty of the county superintendent to appoint some suitable person, a resident of the district, to fill the same, and the person so appointed shall continue in office until the next annual meeting thereafter, and until his successor is elected and qualified. (Laws 1881, ch. 152, sec. 7.) Sec. 1 1 1 . Vacancy in Office of County Superinteytdent. [61 08. ] When a vacancy'occurs in the office of county superintendent 90. In counties having a population of more than 65,000 the salary shall be $1800, paid as above stated. [6105.] (Laws 1901, ch. 191, sec. 1.) CH. 6] COUNTY SUPERINTENDENT. 49 of public instructio-a, by death, resignation, or otherwise, no- tice thereof shall be given by the county clerk to the board of county commissioners, who shall, as soon as practicable, appoint some suitable person to fill the vacancy ; and the person receiving such appointment shall, before entering upon the discharge of the duties of the ojffice, file his oath or aflBrmation and bond in the county clerk's office, as herein- before pro.vided, and shall hold his office until his successor is elected and qualified. (Laws 1881, ch. 152, sec. 8.) Sec. 112. Clerks' Reports. [6109.] He shall see that the annual reports of the clerks of the several school districts and parts of districts in his county are made correctly and in due time. (Laws 1881, ch. 152, sec. 9.) Sec. 113. Oaths. [6110.] County superintendents shall have power to administer oaths in all cases in which an oath is made necessary by any provision of the school law, except in the qualifying of county superintendents and their sureties. .(Laws 1881, ch. 152, sec. 10.) Sec. 114. Purchase of Records. [6111.] The county super- intendent of public instruction of the respective counties in this state may purchase, for each organized school district in his county not having sufficient records, one set of school- district records, consisting of district clerk's records and order- books, district treasurer's book, and a teacher's daily register. Each of said books shall contain such printed forms and in- structions as will enable the teacher and the school-district officers to perform with correctness and accuracy their several duties as required by law : Provided, The entire set of said records as above enumerated shall not exceed in cost four dol- lars for each set ; and the said superintendent shall draw his order or warrant on the county treasurer in favor of the per- son he purchases said books of, for the amount of the pur- chase-money, and it is hereby made the duty of said county treasurer to pay said warrant or order out of any money in his hands belonging to the respective districts in his county : Provided, That no funds in the hands of the county treasurer belonging to the several school districts in his county shall be diverted from the object for which said fund was raised ; and the said superintendent shall deliver the said books to the district board of each district. (Laws 1881, ch. 152, sec. 11.) Skc. 115. Forming and Changing Districfs.^^ [Laws 1907, ch. 329, sec. 1.] It shall be the duty of the county superin- 91. The fact that the district boundary has been changed by legislative act or a district disorganized by legislative act in no respect modifies the power of the county superintendent as conferred by this section. -2* 50 COUNTY SUPERINTENDENT. [CH. 6 tendent of public instruction to divide the county into a convenient number of school districts, and to change such districts when the interests of the inhabitants thereof require it,"^ but only after twenty days' notice thereof, by written notices posted in at least five public places in the district to be changed ; but no new school district shall be formed con- taining less than fifteen persons of school age,^^ no district shall be so changed as to reduce its school population to less than fifteen, and none having a bonded indebtedness shall be so reduced in territory that such indebtedness shall exceed five per cent, of their assessed property valuation :^* Provided, That any person interested may appeal to the board of county commissioners from the action of the county superintendent : A7td provided further, That the restrictions as to school popu- lation and assessed valuations of this section shall not pre- vent desirable changes in school-district boundaries when the proposed alteration of boundaries is approved by the board of county commissioners. The county superintendent shall number school districts when they are formed ; and he shall keep in a book for that purpose a description of the bounda- ries of each school district and part of district in his county, with plat of the same, date of organization, date and full record of all changes of boundaries, and a list of district offi- cers in his county, the date of election or appointment, and the time the term of each is to expire. Sec. 116. Aggrieved Persons. [6121.] If in the formation or alteration of j or refusal to form or alter school districts, any person or persons shall feel aggrieved, such person or persons may appeal to the board of county commissioners, who shall confer with the countv superintendent, and their action shall be final : Provided, That notice of such appeaP^ 92. It is very desirable that the people concerned should be consulted, and the arguments on both sides carefully considered, before making im- portant changes. After a district has issued bonds to build or purchase a schoolhouse, alterations should be discouraged until the bonds are paid, ex- cept in cases where imperative necessity demands a_^change. The object should be to establish strong and permanent districts. 93., New districts cannot be formed with less than fifteen persons of school age. 94. The territory that comprised a school district at the time of the crea- tion of the bonded indebtedness is the territory liable to pay the bonds, re- gardless of disorganization, consolidation or changing of boundaries. Terri- tory attached to a district is not hable to pay the bonded indebtedness of that district prior to the attachment of the territory. Detachment of terri- tory does not increase bonded indebtedness as is intimated. 95. No appeal can be made to the county commissioners unless the county superintendent posts notices of the formation or alteration of a school district. CH. 6] COUNTY SUPERINTENDENT. 51 shall be served on the county superintendent within ten days of the time of posting of the notices of the formation or al- teration of such district ; such notice shall be in writing, and shall state fully the objections to the action of the county su- perintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts affected by such alteration : And provided also, That such appeal shall be heard and decided by the majority of the board of county commissioners at their next regular meeting ; and if such appeal is not sustained by them, the county superintendent shall proceed to appoint the time and place for said first dis- trict meeting, which shall then proceed as by law required. (Laws 1876, ch. 122, art. 3, sec. 5.) Sec. 117. Notice of First Meeting. [6113.] Whenever a school district shall be formed in any county, the county su- perintendent of public instruction of such county shall, within fifteen days thereafter, prepare a notice of the formation of such district, describing its boundaries, and stating the num- ber thereof. He shall cause the notices thus prepared to be posted in at least five public places in the district, and, in case there shall be no appeal, shall in ten days thereafter in like manner appoint a time and place for a special district meeting, for the election of officers and the transaction of such business as is prescribed by law for special school-dis- trict meeting. (Laws 1881, ch. 152, sec. 13.) Skc. 118. Division of Property . [Laws 1909, ch. 207, sec. 1.] When a new district is formed, in whole or in part, from one or more districts possessing a schoolhouse or entitled to other property, such new district shall be formed only be- tween April 1 and September 1 of the same year, and the county superintendent shall determine the value of the school property of the school district, including taxes due, and deducting all indebtedness except bonded indebtedness. There shall be due to the new district^® from the old district the proportion of the value of the school property that the 96. For the division of school property under the provisions of this sec- tion, the following rules are recommended, viz. : FIRST RULE. To he applied in dividing school property which has been procured with the proceeds of district taxes : (1) Find the assessed valuation of the tax- able property of the undivided district, as returned on the last assessment roll of the county. (2) Find, in like manner, the assessed valuation of the taxable property of the territory which is to be cut off, and which does not retain the school property. (3) Find the present value of the school prop- erty of the undivided district, including moneys raised from district taxes and remaining in the treasury at the time the division is made, after dis- charging all indebtedness except bonded indebtedness. (4) Multiply the present value of the school property by the assessed valuation of the terri- 52 COUNTY SUPERINTENDENT. [CH. 6 assessed valuation of property of the new district bears to the assessed valuation of the property of the old district. The county superintendent shall certify to the county clerk the proper tax levy against the taxable property of the old district to pay the amount due the new district. Sec. 119, Depopulated District. [6134.] That when a school district having a floating indebtedness, consisting of outstanding school orders, is now or shall hereafter become depopulated, it shall be the duty of the county commission- ers, on information furnished by the county superintendent, to provide for the payment of such outstanding indebtedness by making a levy of taxes therefor upon the property of such depopulated district, which shall be extended by the county clerk on the tax-roll the same as other taxes : Provided, That no levy shall exceed twenty mills^^ on the dollar in any one year. (Laws of 1893, ch. 135, sec. 1.) Sec. 120. County Treasurer Shall Pay. [6135.] That the. county treasurer shall pay all school orders mentioned in the preceding section out of any funds standing to the credit of the school district on which said school orders are drawn : Provided, That the county superintendent's order for the pay- ment of the same shall be attached to such school order. (Laws 1893, ch. 135, sec. 2.) Sec. 121. County Superintendevits May Disorganize. [6131.] That the county superintendent may, in his discretion, after all indebtedness^^ has been fully paid and canceled, declare tory which is to be cut off. That product, divided by the assessed valuation of the undivided district, gives the amount due to the territory which is to be cut off. SECOND RULE. To be applied in dividing such school property as consists of moneys re- ceived by the undivided district from the state and county school funds : (1) Find the number of children of school age residing in the undivided district, as given in the last annual report of the clerk of the district. (2) Find, in like manner, the number of children of school age residing in the territory which is to be cut off, and which does not retain the school property. (3) Find the amount of state and county school money remaining in the treas- ury of the undivided district at the time the division is made, after discharg- ing all indebtedness except bonded indebtedness. (4) Multiply the residue of state and county school moneys by the number of children residing in the territory which is to be cut off. That product, divided by the number of children of school age residing in the undivided district, gives the amount 6f state and county school moneys due to the territory which is to be cut off. The same principle of division of property is to be followed in case the new district is formed from parts of two or more districts. The county superintendent of public instruction should make the division of school propesty at the time of forming a new school district, but his fail- ure to do so at the time does not impair the rights of said district. 97. Four mills. Changed by Laws 1909, ch. 245, sec. 25 ( section 307 of this book.) 98. Does not refer to bonded indebtedness. CH. 6] COUNTY SUPERINTENDENT. 53 such depopulated school district disorganized, and attach the territory belonging thereto to adjoining school districts. (Laws 1893, ch. 135, sec. 3.) Sec. 122. When Depopulated. [Laws 1907, ch. 322, sec. 1.] The term "depopulated school district" as used in this act shall be held to mean a school district having fewer than five legal voters therein and fewer than seven persons be- tween the ages of five and twenty-one years ; such fact to be determined by the county superintendent. It shall be the duty of the county superintendent, upon the filing of a written request by the holder of an outstanding school order, to make an investigation of the school district issuing such order, and report to the board of county commissioners the facts as to the population as aforesaid ; and such report shall be conclusive on that question. Sec. 123. Partially Depopulated Districts. [6138.] That the superintendent of public instruction in any county is hereby empowered to disorganize partially depopulated school districts in his county ; or in counties where joint school dis- tricts exist, the superintendent having jurisdiction over the major portion of said school districts shall have full power to act, and the officers in said county shall have full control to levy tax, and certify the same to the proper officers out of said county having taxable property in said joint school dis- tricts, who shall place the same on the tax-rolls of their re- spective counties, and collect the same as other school tax levied in their respective counties, and when collected they shall pay the same to the proper officers of said county in which said major portion is located, taking a receipt there- for, and the county treasurer and county superintendent shall proceed to disburse said funds so collected the same as in section 7®^ of this act. (Laws 1901, ch. 307, sec. 1.) Sec. 124. Partially Depopulated District; Definition. [Laws 1907, ch. 323, sec. 1.] For the purposes of this act, a school district shall be deemed partially depopulated when the num- ber of persons resident thereof over the age of five years and under the age of twenty-one years shall be less than twelve. Sec. 125. Petition. [6140.] That such action shall not be taken by the county superintendent of any such county unless there shall be presented to him a petition signed by two-thirds of the 6o'/a/?c?e residents of such school district having the qualifications of school-district electors, and who have resided continuously for one year in said school district, requesting such disorganization : Provided, That such disorganization 99. See section 128 of this book. 54 COUNTY SUPERINTENDENT. [CH. G shall not be final until approved by the board of county com- missioners of the county in which the disorganized school district is situated : And provided further, That in any such school districts where the whole number of district electors shall be less than six, and the number of residents of such district over the age of five years and under the age of twenty- one years shall be less than five, the county superintendent shall act without petition, when so directed by the board of county commissioners of such county. (Laws 1901, ch. 307^ sec. 3.) Sec. 126. County Superintendent May Attach. [6114.] The county superintendent may attach the territory of any school district disorganized under the provisions of this act to any adjacent school district or school districts, but such attach- ment shall not become effective until approved by the board of county commissioners. (Laws 1901, ch. 307, sec. 4.) Note.— See section 33 of this book for disposition of bonded indebtedness of disorganized school districts. Sec. 127. Floating Indebtedness. [6143.] That if any school district so disorganized shall at the time of its disorganization have a floating indebtedness consisting of outstanding school orders, it shall be the duty of the county commissioners of the county, on information furnished by the county superin- tendent, to provide for the payment of such outstanding in- debtedness by making a levy of taxes therefor upon all the real and personal property in the territory of the disorganized school district, which tax shall be entered by the clerk of the county on the tax-roll the same as other taxes : Provided, That no such lejy shall exceed ten mills^"" on the dollar of the assessed valuation in any one year. (Laws 1901, ch. 307, sec. 6.) Sec. 128. Orders Paid by County Treasurer. [6144.] That the county treasurer shall pay all school orders mentioned in the preceding section out of any fund collected from the school taxes created by the special levy provided for in section 6 of this act :^°^ Provided, That no such school order shall be paid unless accompanied by an order from the county superin- tendent directing its payment. (Laws 1901, ch. 307, sec. 7.) Sec. 129. Disposition of Funds. [6145.] If at the time of the disorganization of any school district as herein provided for such district shall have in the hands of its treasurer or of the county tre^isurer of the county moneys belonging to it, or 100. Two and one-half mills. Changed by laws 1909, ch. 245, sec. 25 (section 307 of this book). 101. Section 127 of this book. CH. 6] COUNTY SUPERINTENDENT. 55 any unpaid taxes levied for the payment of its indebtedness, bonded or floating, such money shall be first applied to its indebtedness, floating and bonded ; and if any money remain thereafter, then such money shall be distributed among the school districts to which such territory shall be attached, in such manner and amount as shall be directed by the county superintendent, who shall include in the order for the disor- ganization of such district an order for the distribution of its moneys as herein provided. (Laws 1901, ch. 307, sec. 8.) Sec. 130, Disposition of Property. [6146.] The buildings and other property which may belong to any school district which may be hereafter disorganized shall be sold by the county superintendent to the highest bidder for cash in hand, after having given thirty days' public notice thereof by pub- lication in a newspaper published in said county and by post- ing not less than five written or printed notices in conspicuous places in said district. The proceeds of said sale shall be de- posited with the county treasurer of said county and shall be applied to the payment of debts of said school district, giving the preference to floating debts, if there be any. If there be no debts, or if there be any proceeds left after the payment of debts, said proceeds shall be turned into the county school fund for the use and benefit of the school district to which said disorganized territory is attached : Provided, That the school district to which said territory is attached may bid for and purchase said property and pay for same out of general fund. (Laws 1901, ch. 307, sec. 9.) Sec. 131. Territory riot Liable. [6147.] The territory of any school district so disorganized shall not be liable for any debt, floating or bonded, or any contract of any district to which it may be attached existing at the time of such attach- ment. (Laws 1901, ch. 307, sec. 10.) Sec. 132. Avnexation of School Districts. [Laws 1909, ch. 206, sec. 1.] Whenever any school district within this state shall fail or neglect to maintain a school for at least three months in one year, for a consecutive term of three years, such school district shall be annexed to adjoining districts : Pro- vided, That this act shall not apply to districts that have made proper levies for the tuition and transportation of its pupils to other schools. Sec. 133. Division of Districts Annexed. [Laws 1909, ch. 206, sec. 2 ] For the purpose of carrying out this act it shall be the duty of the county superintendent to divide such dis- tricts in such a manner as to equalize as nearly as practicable the territory in area and taxable property. 56 COUNTY SUPERINTENDENT. [CH. 6 Sec. 134. Temporary Consolidation of Districts by County Superintendent. [6148.] The county superintendent of pub- lic instruction may, when any two or more adjoining school districts have less than five pupils each of school age, combine the pupils of such districts, and provide for a term of school, which shall be divided among the districts so combined as he shall deem most convenient, and to which the pupils of each shall be admitted ; he shall prorate the expense between the districts in proportion to the number of pupils from each, and shall certify same to the county clerk on or before the 1st day of August of each year, and the board of county com- missioners shall levy a tax against the property of said district sufficient to raise the. amount shown by the said cer- tificate : Provided, That whenever the school population of such districts so combined or of any school district shall be- come less than five no term of school shall be held, but pro- vision shall be made by the county superintendent for sending pupils to other schools, as now provided by law in the case of districts which vote to have no school, and in no case shall more than one school be held at the same time in any school district, consolidated or otherwise, unless there be a regular attendance of at least five bona fide pupils for each of the additional schools in said district. All contracts with teachers shall be made subject to the provisions of this act. (Laws 1901, ch. 307, sec. 11.) 8ec. 135. Conveyance of Pupils. [Laws 1907, ch. 327, sec. 1.] That in any school district where there are pupils living not less than two miles and not more than three miles from the schoolhouse the school board of such district may, and where there are pupils living three miles or more from the schoolhouse such school board shall, allow to the parent or guardian of such pupils a sum not to exceed fifteen cents per day, for not to exceed one hundred days in each year, as com- pensation for conveying^°^ such pupils to and from the school : Provided, That no such compensation be allowed unless the pupil is actually conveyed to and from the school. Skc. 136.^**^ Hotv Permanently to Disorganize and Consolidate. [6151.] Whenever the inhabitants of two or more adjacent school districts of the state of Kansas desire to unite for the purpose of forming a single or union school district and con- ducting therein a graded school, the clerks of the several dis- tricts shall, upon a written application of five voters of their 102. The law means "not to exceed fifteen cents per day" for each con- veyance, regardless of the number of pupils conveyed. The district board must allow a reasonable amount, and usually fifteen cents is reasonable. 103. Sections 136-143 apply to consolidated school districts. CH. 6] COUNTY SUPERINTENDENT. 57 respective districts, or by order of the several school -district boards, call a meeting of the voters of such districts at their respective schoolhouses, by posting up printed notices thereof in like manner as provided -for calling school-district meet- ings, and if a majority of the voters in each of two or more adjacent districts shall vote to unite for the purpose herein stated, the clerks of such districts shall thereupon, in writing, notify the county superintendent of such action : Provided, That the vote in any district shall be made conditional upon its carrying in certain other named districts proposing to unite. ^"^ Upon such notice, it shall be the duty of the county superintendent, and he is hereby authorized, at his discre- tion, to declare the districts so voting disorganized, and to designate a time and place for a meeting of the voters of said district so voting, for the purpose of electing a board of di- rectors, consisting of a director, clerk, and treasurer, notice of which meeting shall be given by printed notices, posted in five public places in the districts uniting : Provided, That if any district so uniting to form a union school district has a legally bonded indebtedness at the time of its disorganization, such indebtedness shall attach to and be a charge against the territory comprised in such disorganized district at the time of its disorganization, and it shall be the duty of the county commissioners of the county or counties in which such terri- tory is located to cause annually to be levied upon the prop- erty, real and personal, in such disorganized territory, a tax sufficient to meet the interest and provide a sinking-fund for the payment of such indebtedness : Provded further, That the assets and property of the district disorganized shall first be applied in payment of its floating indebtedness, if any, and then on its bonded indebtedness, and any residue thereafter to belong to the new union district : Provided further, That in forming union districts comprising territory lying in more than one county the county superintendents of said counties shall act together as by law provided for in joint school dis- tricts. (Laws 1901, ch. 305, sec. 1.) Sec. 137. Travsjyrting Scholars.^"' [6152.] The board of directors hereinbefore mentioned are hereby authorized to provide for the transportation of the children living two or more miles from the school to and from the schoolhouse in the district, under such rules and regulations as said board of directors may prescribe, and it shall have such general 104 A proposition to consolidate must carry in all the districts included in the proposition or fail in all. 105. Refers to consolidated districts, a provision different and distinct from section 135, this book. 58 COUNTY SUPERINTENDENT. [CH. 6 powers and duties as are provided by law for school-district boards. (Laws 1901, ch. 305, sec. 2.) Sec. 138. County Super i'fitendent Notified. [6153.] Upon the organization of such union school districts, as hereinbe- fore provided, the clerk of the board thereof shall notify the county superintendent in writing that such action has been taken. (Laws 1901, ch. 305, sec. 3.) Sec. 139. Record Boundaries. [6154.] The boundary of the union district, when formed, shall include the territory of the districts so uniting, and the county superintendent shall, upon proper notice thereof, at once make a record of such boundary : Provided, That by vote of the electors of any district uniting to form a union district part of the district may unite with one union district and part with another ad- jacent union district. (Laws 1901, ch. 805, sec. 4.) Sec. 140. Property of Districts. [6155.] Upon the organi- zation of such union school district, all school property^ except as hereinbefore provided, heretofore owned by the several districts so uniting, shall at once become the prop- erty of such union school district, and che board of directors of the said union school district are hereby authorized to dis- pose of any or all such property as the best interests of such district may require. (Laws 1901, ch. 805, sec. 5.) Sec. 141. Annual Meeti^g.^'^^ [6156.] The annual meet- ing of said union school district shall be held on the second Wednesday in June, at two o'clock p. m., and it shall have such general powers and duties as are provided by law for annual school-district meetings. (Laws 1901, ch. 305, sec. 6.) Sec. 142. Name. [6157.] Such union school district, when formed, shall be known as union school district No. — :, county of , state of Kansas, and be a body cor- porate, with powier to sue and be sued. (Laws 1901, ch. 305, sec. 7.) Sec. 143. Powers and Duties of District Board. ^^'' [6158.] The duties and powers of the board of directors heretofore mentioned shall be the same as those provided by law for school-district boards. (Laws 1901, ch. 305, sec. 8.) Sec. 144. Shall Furnish Map. [6103.] The .county super- intendent of public instruction of the several counties of the state shall, on or before March 1 of each year, furnish to each assessor within his county a map of the city or town- ship of such assessor, showing the number and metes and 106. A different date and distinct from the annual meeting of union or graded-school districts. 107. See chapter X of this book. -CH. 6] COUNTY SUPERINTENDENT. 59 bounds of every school district or part of school district within his township or city. (Laws 1885, ch. 198, sec. 3.) Note.— See section 105 of this book. Skc. 145. Other Duties. [6114.] He shall discharge such other duties as may be prescribed by law, and in case of sick- ness or temporary absence he may employ a deputy. He shall deliver to his successor, within ten days after the ex- piration of his term of office, all books and papers appertain- ing to his office. (Laws 1881, ch. 152, sec. 14.) Sec. 146. Neglect or Refusal to Perform Duty. [6115.] Every county superintendent who shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be liable on his official bond for all damages occa- sioned thereby, to be recovered in the name of the state for the benefit of the proper party, district, or county. (Laws 1881, ch. 152, sec. 15.) Sec. 147. Agent of State Orphans' Home.^'^^ [7004.] The superintendents of public instruction in the several counties of the state are hereby designated as the agents of the Soldiers^"^ Orphans' Home in their respective counties. It shall be the duty of said agents to visit the children who are placed in homes in their respective counties twice each year, and at such other times as the superintendent of the home may request ; and they shall make written reports of the con- dition of each child visited, upon blanks to be provided by the board of trustees for that purpose, and forward the same to the superintendent of the home, who shall record and file the same in a proper manner. Said agents shall receive, as full compensation for the services performed under the pro- visions of this act, their actual necessary official expenses, together with the sum of three dollars, in full for all services and report of each case visited, but not exceeding three dol- lars for any day's services. All accounts for such services shall be rendered to the superintendent of said home, and shall be verified, audited and paid in the same manner as other accounts against said home are paid. (Laws 1889, ch. 236, sec. 6.) 108. This section is probably repealed by implication by the following laws: Section 6564. General Statutes of 1901; sections 44, 45 and 46, chap- ter .S53, Laws of 1901; section 6, chapter 482, Laws of 1903; section 13, chapter 475, Laws of 1905. 109. The name was changed to "State Orphans' Home" in 1909. 60 COUNTY HIGH SCHOOLS. [CH.7 CHAPTER VII.— County High Schools. S148. What counties may establish. §169. 149. Election, how called. 170. 150. Ballots canvassed. 171. 151. Trustees elected, when and how. 172 152. Officers of board of trustees: quorum. 173. 153. Levy by trustees. 174 154. Taxes levied and collected. 175 155. Duties of treasurer and secretary of high 176 school. 177. 156. Site to be selected and purchased by 178. board of trustees; may lease suitable 179 buildings. 180. 157. Principal and assistant teachers to be 181 employed by board of trustees. 182 158. Three courses of study shall be provided. 183. 159. Tuition; rules and regulations to be adopted by the board of trustees. 184 160. Non-resident pupils, admitted when. 185. 161. Principal shall make rules and regula- 186 tions for government of school. 187. 162. Rights and privileges of those gradua- ting from normal course. 188. 163. Report of trustees to board of county 189. commissioners. 190. ,164. Vacancies in board of trustees, how filled. 191. 165. Salary of trustees. 166. May be established at county-seats. 192 167. Course of study. 168. Privileges of graduates. May employ teachers. Free to pupils in the county. Petition or election. High-school tuition. County treasurer collect taxes. Bonds may be issued. Bond election. Issuance of bonds. Illegal use of proceeds. May receive county aid. Levy made, when. Funds collected. Apportionment of funds. Principal's report. County superintendent shall certify to county clerk. Tuition free. Courses of study. Some cities and counties exempt. When in force. "Barnes" law in effect in certain coun- ties. County treasurer to pay taxes collected. Penalty, county treasurer not paying over money. High school fraternities; unlawful to belong to. Expulsion for membership in fraterni- ties. Section 148. What Counties. [6431.] Each county having a population of 6000 inhabitants or over, as shown by the last state or federal census, may establish a county high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons who desire to fit themselves for the vocation of teaching. (Laws 1886, ch. 147, sec. 1.) Sec. 149. Election. [6432.] When one-third of the electors of a county, as shown by the returns of the last preceding election, shall petition the board of county'commissioners re- questing that a county high school be established in their county, at a place in the said petition named, or whenever the said county commissioners shall at their discretion think proper, they shall give twenty days' notice previous to the next general election, or previous to a special election called for that purpose, that they will submit the question to the electors of said county whether. such high school shall be es- tablished, and at the place specified, at which election the electors of the county shall vote by ballot for or against es- tablishing such high school. The notice contemplated in this section shall be given as are all legal notices of a general or of a special election. (Laws 1886, ch. 147, sec. 2.) Sec. 150. Ballots Canvassed. [Laws 1903, ch. 432, sec. 1.] CH. 7] COUNTY HIGH SCHOOLS. 61 After said election the ballots on said question shall be can- vassed in the same manner as in the election of county oflBcers, and if a majority of all the votes cast shall be in favor of establishing such high school, the county commissioners shall immediately proceed to appoint six persons, who shall be resi- dents and freeholders of the county, but no more than two of whom shall be residents of the same commissioner district, who shall, with the county superintendent of instruction, constitute a board of trustees for said school. Each of said trustees appointed as aforesaid shall hold his office until his successor is elected and qualified, and shall be required, within ten days after appointment, to qualify by taking the usual oath of office and by giving such bond as may be re- quired by said county commissioners for the faithful dis- charge of his duties. Sec. 151. Trustees Elected, When. [Laws 1903, ch. 432, sec. 2.] At the next general election after said appointment, there shall be elected'^" six high-school trustees, but no more than two of whom shall be residents of the same commis- sioner district ; three of whom shall serve for two years and three of whom shall serve for four years, the respective terms to be decided by lot ; these terms to be known and designated as short term and full term, respectively. Each two years thereafter there shall be elected three trustees, but no more than one of whom shall be a resident of the same commis- sioner district, to serve a term of four years, to succeed those whose term is about to expire. In those counties in which county high schools have already been established, the pres- ent high-school trustees shall serve until after the election in 1904, at which time six county-high-school trustees shall be elected, but no more than two of whom shall reside in the same commissioner district, and all of the above provisions shall thereafter apply to said counties. Said trustees shall qualify and enter upon the duties of their office in the same manner and at the same time as other county officers. Sec. 152. President, Secretary, and Treasurer. [6435.] The county superintendent^^^ shall, by virtue of his office, be president of said board of trustees. At their first meeting in each year they shall appoint from their own number a secre- tary and treasurer, who shall perform the usual duties devolving upon such officers, and shall hold office for one year, or until their successors are appointed and qualified. Said 110. County-high-school trustees are to be elected by the entire county. 111. The county superintendent cannot legally be allowed any additional compensation for service as member of county-high-school board. 62 COUNTY HIGH SCHOOLS. . [CH. 7 treasurer shall give such additional bond as the county com- missioners shall deem sufficient. A majority of said board shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question. (Laws 1886, ch. 147, sec. 5.) Sec. 153. Levy by Trustees. [Laws 1909, ch, 211, sec. l.J That the board of trustees of any county high school in the state of Kansas shall at its first meeting, and annually there- after before the first day of August of each succeeding year, make an estimate of the amount of funds needed for building purposes, for the payment of teachers' wages, for contingent purposes, and all other educational purposes connected with said high school, and having made such estimate shall make an annual levy sufficient to raise the amount desired for such purposes. But in no case shall the tax for such purposes ex- ceed in one year the amount of the levy allowed by law on the taxable property of the county. (See note.) Note.— Limited to five-tenths of one mill by Laws 1909, ch. 245, sec. 14 (section 302 of this book) . Sec. 154. Taxes Levied and Collected. [Laws 1909, ch. 211, sec. 2.] Said rate of tax shall be certified to the county clerk of the county in which said county high school is situated, by the president and secretary of said board of trustees, and the said county clerk is hereby authorized and required to place the same on the tax-rolls of the county, and said tax shall be collected in the same manner as other county taxes, and when collected the county treasurer shall pay the same to the treas- urer of the couaty high school in the same manner that school funds are paid to the district treasurers as required by law. Sec. 155. Duties of Officers. [6438,] The s,aid treasurer of the high school shall receive from the county treasurer, and from other parties, all moneys that belong to the funds of said school, and shall pay out the same only by direction of the board of trustees, upon orders duly signed by the president and countersigned by the secretary, stating the purpose for which they were drawn. Both the secretary and treasurer shall, keep an accurate account of all moneys received and expended for said school, and at the close of each year, or oftener if required by the board of trustees, they shall make a full statement of the financial affairs of the school. (Laws 1886, ch. 147., sec. 8.) Sec. 156. Ijocate Site and Lease Buildings. [6439.] The said board of trustees shall proceed, as soon as practicable after the appointment as aforesaid, to select, at the place de- termined by the vote of the county, the best site that can be obtained without expense to the county, and the title thereof CH, 7] COUNTY HIGH SCHOOLS. 63 shall be vested in the said county ; they shall then proceed to make purchases of material, and to let such contracts for their necessary school buildings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax for that year. The board of trustees, at their discretion, may lease suitable buildings for the use of the high school while new buildings are in process of erection, the rent to be paid by the fund created by the levy for high-school purposes. (Laws 1886, ch. 147, sec. 9.) Sec. 157. Employ Privcipal. [6440.] When such board of trustees shall have finished a building for said school, they shall employ some suitable person, who shall take charge of the same and teach in the same, and shall be known as the principal of such school ; and the trustees shall furnish such assistant teachers as they deem necessary, and shall provide for their salaries. (Laws 1886, ch. 147, sec, 10.) Sec. 158. Courses of Instruction. [Laws 1905, ch. 389, sec. 1.] There shall be provided three courses of instruction, each requiring four years' study ^^^ for completion, namely, a gen- eral course, a normal course, and a collegiate course. The general course shall be designed for those who cannot con- tinue school life after leaving said high school. The normal course shall be designed for those who intend to become teachers, and shall fully prepare any who wish to enter the first year of professional work at the State Normal School. The collegiate course shall fully prepare those who .wish to enter the freshman class of the college of liberal arts and sciences of the State University, or of the State Agricultural College, or of any other institution of higher learning in this state. Whenever practicable, students in these courses shall recite in the same classes. Students in the last year of the normal course may be employed for a portion of their time in teaching the pupils of the first year in any course, and model schools shall be encouraged. Sec. 169. Tuition and Admission. [6442.] Tuition shall be free to all pupils residing in the county where the school is located. The board of trustees shall make such general rules and regulations as they may deem proper in regard to age and grade of attainments essential to entitle pupils to admission to such school : Provided, That no person shall be admitted to such high school who shall not have passed a satisfactory examination in all the work of the district schools of the county in which such high school is situated. 112. Does not apply to Reno county high school. (Laws 1905, ch. 457.) 64 COUNTY HIGH SCHOOLS. [CH. 7 If there should be more applicants than can be accommo- dated at any one time, each district shall be entitled to send its equal proportion of pupils, according to the number of pupils it may have, as shown by the last report to the county superintendent of public instruction ; and the boards of the respective school districts shall designate such pupils as may attend, subject to the proviso above. (Laws 1886, ch. 147, sec. 12.) Sec. 160. Non-resident Pupils. [6443.] If at any time the school can accommodate more pupils than apply for admis- sion from that county in which the school is situated, the vacancies may be filled by applicants from other counties, upon the payment of such tuition as the board of trustees may prescribe, but at no time shall such pupils continue in such school to the exclusion of pupils residing in the county in which such school is situated. (Laws 1886, ch. 147, sec. 13.) Sec. 161. Rules and Regulations; Examining Committee; Certificates. [Laws 1907, ch. 335, sees. 1 and 2.] The prin- cipal of any such high school, with the approval of the board of trustees, shall make such rules and regulations as he may deem proper in regard to the studies, conduct and govern- ment of the pupils under his charge while they shall continue to be enrolled at such school ; and if any such pupils will not conform to nor obey the rules of the school, they may be sus- pended therefrom temporarily by the principal, and may be expelled by the board of trustees. The board of trustees shall appoint &ome competent person who, with the principal of the high school, and with the county superintendent of public instruction as chairman thereof, shall constitute the examining committee of the high school, whose duty it shall be to examine all persons who may apply to them in the sub- jects such persons propose to teach in said high school ; and no person except one holding a diploma or a certificate from the State Board of Education, or a diploma from the State Normal School, State University, State Agricultural College, or some college or university accredited by the State Board of Education, shall be employed by the board of trustees as teacher in the high school unless such person is the holder of a certificate signed by the examining committee, or a majority of them, setting forth that such person is competent to teach such subjects in said high school and is a person of good moral character; and the board of trustees may fill any va- cancy which may occur in the examining committee. Skc. 162. Privileges of Graduates. [6445.] Those gradua- ting from the normal course in the county high school shall CH. 7] COUNTY HIGH SCHOOLS. 65 be entitled to a teacher's second-grade certificate,"^ and shall be admitted to the first year of professional work at the State Normal School without further examination ; and those grad- uating from the collegiate course shall be entitled to admis- sion to the freshman class of the State University, and of the State Agricultural College, without further examination. (Laws 18S6, ch. 147, sec. 15.) Sec. 163. Report of Trustees. [6446.] The board of trus- tees shall annually make a report to the county commission- ers, which shall specify the number of students attending the high school during the year, their sex, and the branches taught, the text-books used, the number of teachers employed, the salaries paid, the amounts expended respectively for li- brary, apparatus, buildings, and for all other purposes ; also the amount of funds on hand, the debts unpaid, if any ; the amounts due, if any ; and all other information deemed im- portant or expedient to report. Said report shall be printed in at least one newspaper of the county, if any is published therein, and a copy of the report shall be forwarded to the state superintendent of public instruction. (Laws 1886, ch. 147, sec. 16.) Seo, 164. Vacancies. [6447.] The county commissioners shall have power to fill any vacancies that may occur in the board of trustees for that county, by appointment until the next general election. (Laws 1886, ch, 147, sec. 17.) Skc. 165. Com'p'"nsatio'i of Trustees. [Laws 1907, ch. 334, sec. 1 .] The county board of county-high-school trustees shall allow to each member thereof the sum of three dollars per day for the time actually and necessarily employed in the dis- charge of his official duties, and in addition thereto the sum of five cents per mile for each mile necessarily traveled in at- tending meetings of the board, and when such accounts are presented for payment they shall be audited and paid out of the county-high-school fund in the same manner as other ac- counts against said board. Said trustees shall not be allowed any other renuraeration for services or expenses. Skc. 166. Mny E.Htnblish at County-se^t. [Laws 1^03, ch. 433, sec. 1.] That the county -commissioners of any county of Kansas having a population of less than 6000 be and they are hereby authorized to negotiate with the school district or school districts at the county-seat of such county for the es- 113. This certificate should be issued by the county board of examiners and should state thereon that it was issued by virtue of graduation from the county high school. The usual fee of one dollar should be collected from each applicant. -3 66 COUNTY HIGH SCHOOLS. . [CH. 7 tablishment of a county high school : Provided, That on the presentation of a petition signed by a majority of the electors of any such county, as shown by the returns of the last pre- ceding general election, the county commissioners shall call an election for the purpose of determining whether they shall make such contract as aforesaid ; and if at such election a majority of the votes cast shall be in favor of making said contract, then and in that case it shall be the duty of such commissioners to make such contract. Sec. 167. Course of Study. [6450.] Such county high schools ^'^* when established shall adopt a course of study to be described by the State Board of Education. (Laws 1897, ch. 180, sec. 2.) Sec. 168. Privileges of Graduation.' [6451.] Upon the presentation of a certificate of graduation from any such county high school, within one year from the date of the same, to any state institution of learning, the person present- ing the same may be admitted without further examination to said institution of learning. (Laws 1897, ch. 180, sec. 3.) Sec. 169. May Employ Teachers. [6452.] For the purpose of carrying this act into effect, the boards of county commis- sioners in such counties may employ such number of teachers in addition to those regularly employed by the district at the county-seat as shall in their judgment be necessary for the purpose of conducting such schools, and pay such teachers from the general fund of the county. (Laws 1897, ch. 180, sec. 4.) Sec. 170. Free to Pupils in the County. [6453.] Such county high schools shall be free to all persons of school age in their respective counties. (Laws 1897, ch, 180, sec. 5.) Sec. 171.^^^ PetHion or Election. [6454.] No county high school as herein provided for shall be established except upon a petition signed by a majority of the electors of the county, or pursuant to an election held in such county for the purpose of voting upon the question of establishing such county high schools. (Laws 1897, ch. 180, sec. 6.) Sec. 172. High-school Tuition. [Laws 1907, ch. 336, sec. 1.] That all school districts located in counties not main- taining a county high school are hereby authorized, at each annual meeting of the several school districts, to levy, in the manner provided by law for the levying of other taxes, tax sufficient to pay in full the tuition in a high school in the 114. Refers to county high schools established under provisions of section 185 of this book. 115. Section 171 has virtually been repealed. CH. 7] COUNTY HIGH SCHOOLS. 67 county or any adjoining county in which said district is lo- cated of each and every scholar whose parents or guardians are actually residing in said districts in good faith who shall desire to attend the said high school during the next ensuing year ; the number of such scholars to be ascertained and de- termined by the clerk of said district immediately prior to the holding of the annual meeting of said district : Provided, how- ever, That the provisions of this act shall not apply to any county in which was adopted the provisions of chapter 397 of the Session Laws of 1905. Sec. 173. County Treasurer Collect Taxes. [6456.] The taxes provided for in section 11 of this act shall be paid to the county treasurer of the various counties as other taxes are paid, and when so collected shall be turned over to the school-district treasurer and receipted for by him as other school moneys, and he shall keep separate accounts of such funds, and shall pay the same out for the purposes mentioned in this act upon the same terms and conditions as other school- district moneys are paid out. (Laws 1899, ch. 250, sec. 2.) Sec. 174. Bonds may he Issued. [Laws 1907, ch. 332, sec. 1.] That any county which has established a county high school under the provisions of chapter 180, Session Laws of 1897, as amended by chapter 433, Session Laws of 1903, is hereby authorized and empowered to issue and sell bonds of the county for the purpose of erecting, furnishing and equipping a building for the use of the county high school of the county : Provided, That no bonds shall be issued as provided for in this section until the same has been submitted to the electors of the county at a general election, or at a special election called for that purpose, and a majority of the voters voting upon the proposition shall have voted in favor of the same : Provided, That the provisions of this act shall not be con- strued as applying to any county in which is located a city of the first class. Sec. 175. Bond Election. [Laws 1907, ch. 332, sec. 2.] When a petition signed by twenty-five per cent, of the legal voters of the county, as shown by the latest official poll of the county, shall have been presented to the board of county commissioners of the county, asking that the question of is- sue of the bonds for the purpose named in this act be sub- mitted to a vote of the people, it shall become the duty and is hereby made the duty of the board of county commission- ers to make provisions to submit the question to a vote of the people : Provided, That if a general election is to be held within six months after the receipt of the petition, the board of county commissioners shall submit the question at the 68 COUNTY HIGH SCHOOLS. [CH. 7 next general election ; otherwise, the board of county com- missioners shall call a special election for this purpose, by giving not less than thirty days' notice by publication in not less than four issues of a newspaper of general circulation in the county. Sec. 176. Issuance of Bonds. [Laws 1907, ch. 832, sec. 3.] The bonds issued by authority of this act shall not exceed in any county in amount twenty thousand dollars, in denom- inations of not less than one hundred dollars nor more than one thousand dollars, and shall bear not more than five per cent, interest, payable semiannually, as shown by coupons attached, and shall mature not later than twenty years from the date thereof. The bonds herein provided for shall recite that they are issued in pursuance of the provisions of this act, Seo. 177. Ilhgal Use of Proceeds. [Laws 1907, ch. 332, sec. 4 ] It shall be unlawful for the board of county commis- sioners or any other person or persons to use or appropriate any of the proceeds of the bonds herein provided for any other purpose than that prescribed in this act. Seo. 178."« May Receive County Aid. [Laws 1905, ch. 397, sec. 1.] In every county in the state of Kansas in which one or more school districts or cities of less than 16,000 inhabit- ants shall have maintained high schools with courses of in- struction admitting those who complete the same to the fresliman class of the college of liberal arts and sciences of the University of Kansas, the county commissioners shall levy a tax each year of not less than one-fourth of a mill nor more than three mills "^ on the dollar of the assessed valua- tion of the taxable property within such counties for the pur- pose of creating a general high-school fund."^ Skc. 179. Levy Mode, When. [Laws 1905, ch. 397, sec. 2.] The first levy shall be made when the result of the election or petition is determined, and a similar levy shall be made each year thereafter: P'ovid^d, No levy shall be made until one or more such high schools shall have been maintained in the county the preceding school year. Sec. 180. Fu»ds Collected. [Laws 1905, ch. 397, sec. 3.] Said tax shall be levied and collected in the same manner as other county taxes, and, when collected, the county treasurer 116. Sections 178-190 is the so-calUd "Barnes" High-school Law. The schools maintaiqed under this law are not county high schools. 117. Changed to five-tenths of one mill by Laws 1909, ch. 245, sec. 15 (sec- tion 303 of this book. 118. Section 183. being a later enactment than section 178, must be fo^ lowed in making the levy. CH. 7] COUNTY HIGH SCHOOLS. 69 shall pay the same to the treasurers of the school districts maintaining high schools according to the provisions of this act, as required by law, but no part of said general high- school fund shall ever be used for other than high-school purposes."^ Sec. 181. Apportionment of Funds. [Law^s 1908, ch. 69, sec. 1.] Tlie county treasurer shall pay to the treasurers of said school districts a pro rata part of the said general high- school fund apportioned to the several school districts accord- ing to the estimated cost of maintaining the high schools of the ensuing year, but no apportionment shall be made to any school district after it has discontinued its high school. Skc. 182. Principal Shall Make Report. [Laws 1905, ch. 397, sec. 5.] It shall be the duty of the principal of each such high school, at the expiration of the school year, to make a report, under oath, to the county superintendent, showing :the total enrolment and the daily attendance of each pupil, and the average daily attendance in his high school for that year, and to furnish such other reports as the county super- intendent may require, and his last month's salary shall not be due until such reports shall have been duly made. Sec. 183. County Superintendent Shall Certify to County Clerk. [Laws 1907, ch. 333, sec. 1.] It shall be the duty of the county superintendent to certify to the county clerk and to the county treasurer, on or before the 25th day of July of each year, the average daily attendance in the several high schools of the county complying with the provisions of this act for the year ending on the 30th day of June preceding, and to certify to the board of county commissioners the amount necessary for the maintenance of such high schools the ensuing year, and the county commissioners shallmake such levy (not to exceed three mills'^" on the dollar of the assessed valuation of the taxable property within such county) as may be necessary to produce such amount; and in case the county commissioners shall fail to make such levy, then the county superintendent shall make a suitable levy," and certify the same to the county clerk of such county, who shall enter upon the tax-rolls the levy so made by the county superintendent. Sec. 184. Tvition Free.^''^ [Laws 1905, ch. 397, sec. 7.] 119. The high school fund levied under thisl act, cannot be used for the repair or erection of school buildings. 120. Changed to five-tenths of one mill by laws of 1909, ch. 245, sec. 15 (section 303 of this book). 121. Tuition is free to all courses in "Barnes" high schools. 70 COUNTY HIGH SCHOOLS. [CH. 7 Tuition shall be free in all such high schools to pupils resid- ing in the county where such schools are located. Sec. 185. Courses of Study. [Laws 1905, ch. 397, sec. 8.] At least two courses of instruction shall be provided, each requiring four years' work, ^^^ namely : a college preparatory course, which shall fully prepare those who complete it to enter the freshman class of the college of liberal arts and sciences of the University of Kansas, and a general course, designed for those who do not intend to continue school work beyond the high school. Sec. 186. Some Cities and Counties Exempt. [Laws 1905, ch. 397, sec. 9.] Cities having more than 16,000 inhabitants and counties having heretofore established county high schools or which may hereafter establish county high schools under the laws now in force shall be exempt from the opera- tion of this act. Sec. 187. When in Force. [Laws 1908, ch. 69, sec. 2.] This act shall not be in force in any county until its provi- sions are adopted therein by a majority vote of the electors voting on said proposition. At the next general election after the passage of this amendment, the following proposi- tion shall be submitted in each county, or part of county, in the state to which this law may apply, namely, "May the provisions of the high-school act of 1905 as amended by the Laws of 1907 and 1908, apply in this county ?" The election shall be conducted and such proposition shall be voted on and the votes then canvassed and returns made in all respects as provided by law. Whenever a majority of the voters voting on this proposition in any county, or part of any county, to which this law may apply, at such election shall be in favor of such proposition, the provisions of this act shall apply in such county from the time such result is ascertained. If the proposition fails to carry at the next general election, it may be submitted in each county, or part of county, in this state to which this law shall apply, upon petition to the board of county commissioners, signed by twenty-five per cent, of the taxpayers of such county, or part of county, at any gene.ral election hereafter : Provided, That this law. shall not be sub- mitted at the general election in 1908 in counties which have already adopted the provisions of the act to which this act is amendatory.. Sec. 188. ''Barnes" Law in Effect in Certain Counties. [Laws 1909, ch. 210, sec. 1.] That in all counties of this 122. Two courses of four years each must be maintained. The college preparatory course should be approved by the University of Kansas for ad- mission to its Liberal Arts course. CH. 7] COUNTY HIGH SCHOOLS. 71 State in which high schools have been established and main- tained for one year, and which said high schools have been established and maintained under the provisions of chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and chapter 69 of the Laws of 1908, by a ma- jority of all the votes cast on said proposition, said chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and by chapter 69 of the Laws of 1908, shall be in full force and effect from and after the publication of this act in all such counties without again submitting the question to a vote of the electors : Provided, however,. This act shall not apply to counties where the proposition was resub- mitted under chapter 69 of the Session Laws of 1908 and rejected. Sec. 189. County Treasurer to Pay Taxes Collected. [Laws 1909, ch. 215, sec. 1.] It shall be the duty of the county treasurer of every county in the state of Kansas to promptly pay over and distribute on demand all moneys now in his hands, or which may hereafter come into his hands by reason of any tax levy made by any county, city, township or school district, to the treasurer of the city, township or school dis- trict, for the use and benefit of which it was collected, under the provisions of chapter 397 of the Laws of 1905, as amended by chapter 833 of the Laws of 1907 and by chapter 69 of the Laws of 1908. Sec. 190. Penalty, Couvty Treasurer Not Paying per Money. [Laws 1909, ch. 215, sec. 2.] Any county treasurer who shall violate the provisions of this act shall, upon conviction thereof, be fined in any sum not exceeding five hundred dol- lars. Sec. 191. High-school Fraternities; Unlaivful to Belong to. [Laws 1907, ch 320, sec. 1.] It shall be unlawful for the pupils of any high schools to participate in or be members of any secret fraternity or secret organization whatsoever that is in any degree a school organization. Sec. 192. Exoulsion f^'r MemherxMp in Fraternities. [Laws 1907, ch. 320, sec. 2.] Any boards of education or board of trustees of county high schools are hereby authorized and empowered to deny to any students regularly enrolled in such high school, who shall violate section 1 of this act, any or all of the privileges of such high school or to expel such student for failure or refusal to comply with the requirements of this act. 72 COUNTY SCHOOL FUND. [CH. 8 CHAPTER VIII.— County School Fund. § 193. County treasurer shall collect all moneys due to the county school fund. 194. County clerk shall report amount of county school fund to county superin- tendent. 195. Justices shall report to county superin- tendent proceeds of fines and estrays. 196. Moneys and property, delivered to whom. § 197. No compensation. 198. Penalty if county treasurer fails to pay over. 199. Unclaimed money shall be paid by ad- ministrator into county school fund, when. 200. Fines and penalties paid into common- school fund. Section 193. County Treasurer. [6414.] The county treas- urer shall collect all mone3's due ihe county for school pur- poses from fines, forfeitures, or proceeds from the sale of estrays, and all moneys paid by persons as equivalent for exemption from military duty ; and he shall, upon proper application of the district treasurer of any district in the county, pay over to the said district treasurer the amount apportioned to the district by the county superintendent.^-* He shall also collect the delinquent taxes on real estate in any district, in the same manner as county taxes are collected, whenever such delinquent tax list shall have been lawfully reported and returned to him, and he shall pay the same over to the treasurer of the district to which such delinquent taxes are due ; and if any county treasurer shall refuse to deliver over to the order of the county superintendent any school money in his possession, or shall use or permit to be used for any other purpose than is specified in this act any school money in his possession, he shall on conviction thereof be adjudged guilty of a misdemeanor, and be punished by a fine not exceeding |500, or by imprisonment in the county jail not exceeding one year. (Laws 1876, ch. 122, art. 17, sec. 1.) Sec. 194. County Clerk. [6415.] The county clerk of each county shall, on the first Mondays of March and July of each year, make out and transmit to the county superintendent a true statement of any county school money then in the county treasury. (Laws 1876, ch. 122, art. 17, sec. 3.) Sec. 195. Justice of the Peace. [6416.] Each justice of the peace shall report to the county superintendent, on the Ist day of March and on the 25th day of July of each year, the amount received from the proceeds of fines and estrays during the six montjis preceding, a:id belonging to the school fund of the county; and each justice of the peace, at the time of makinghisreport to the county superintendent, shall promptly pay all of said proceeds to the county treasurer, to be dis- 123. The county school fund is added to the allotment received from the state school fund and apportioned as one fund by the county superintendent. CH. 8] COUNTY SCHOOL FUND. 73 bursed by the county superintendent at the next ensuing semiannual dividend. (Laws 1876, ch. 122, art. 17, sec. 3.) Skc. 196. Mo7ifys and Property. [6417.] All persons hav- ing school moneys or other school property in their possession, by virtue of any act heretofore passed, are hereby required to pay over and deliver the same to the proper officers pro- vided for by this act. (Laws 1876, ch. 122, art. 17, sec. 4.) Skc. 197. No Compensation. [6418] No county treasurer shall receive any compensation for disbursing or receiving either county or state school moneys. (Laws 1876, ch. 122, art. 17, sec. 5.) Skc. 198. Fine. [6419.] Any county treasurer who shall neglect or fail to pay over any school money in the treasury, on application, shall be subject to a fine of not less than $500 for every such neglect or failure. (Laws 1876, ch. 122, art. 17, sec. '6.) Skc. 199. Unclainied Mo<>ey8. [6381. J If any sum of money directed by an order of the court to be distributed to heirs, next of kin or legatees shall remain for the space of one year unclaimed, the executor or administrator shall pay over the same to the treasurer of the county for the benefit of common schools of the county. (Laws 1876, ch. 122, art. 15, sec. 7.) Skc. 200 Common-school Fund. [5770.] All fines and penalties imposed, and all forfeitures incurred, in any county, shall be paid into the treasury thereof, to be applied to the support of common schools. (Gen. Stat. 1868, ch. 82, sec. 332.) 74 DISTRICT SCHOOLS. [Ch.9 CHAPTER IX.— District Schools. §201. 202. 203. 204. Branches taught in common schools ; instruction in English language. School month defined. District schools free to all resident children. Penalty for violation of this article; shall not apply to officers of cities of first and second class. §205. 206. 207. 208. 209. Pupils with contagious diseases ex- cluded, when. When a tuition fee may be assessed. Five months' school required, if school- house be good. Levy of tax for same, manner of. Failure of school board to hire teacher. Section 201. Branches Taught. [Laws 1903, ch. 435, sec. 1.] That in each and every school district shall be taught orthography, reading, writing, English grammar, geography, arithmetic, history of the United States, and history of the state of Kansas, and such other branches as may be deter- mined by the district board :^^ Provided, That the instruction given shall be in the English language. Sec. 202. School Month. [6197.] A school month shall consist of four vreeks of five days each, of six hours per day. (Laws 1876, ch. 122, art. 5, sec. 2.) Sec. 203. Free Schools. [6198.] The district schools es- tablished under the provisions of this act shall at all times be equally free and accessible to all the children resident therein over five and under the age of twenty-one years, subject to such regulations as the district board in each may prescribe. ^^ (Laws 186, ch. 122, art. 5, sec. 3.) Sec. 204. Penalty. [0199.] The members of any district board wilfully vi£>lating any of the provisions of this article, or refusing the admission of any children into the common schools, shall forfeit to the county the sum of $100 each for every month so offending during which such schools are taught; and all moneys forfeited to the common-school fund of the county under this act shall be expended by the county superintendent for the education of such children in the school district thus denied equal educational advantages : Provided, That any member of said board who shall protest against the action of his said board in excluding any children from equal educational advantages, or in violating any of the provisions of this article, shall not be subject to the penalty herein 124. By Laws of 1885, chapter 169, section 1, physiology and hygiene, with special reference to the effects of alcoholic stimulants and narcotics upon the human system, must also be taught in each public school supported by public money and under state control (See section 84 of this book.) 125. District boards and boards of education may make reasonable rules as to the time or times for entering the first grade of the primary depart- ment. CH. 9] DISTRICT SCHOOLS. 75 named : And provided further, That the provisions of this act shall not apply to cities of the first or second class. (Laws 1877, ch. 170, sec. 2.) Sec. 205. Contagious Diseases}^^ [6200.] No pupil infected with any contagious disease shall be allowed to attend any common school, or remain in any schoolroom while so in- fected. (Laws 1876, ch. 122, art. 5, sec. 5.) Sec. 206. Tuition Fee. [6201.] Whenever there be not public money enough belonging to any school district to sup- port a public school the length of time determined at the an- nual meeting, or at a special meeting duly called, the district board, to meet said deficiency, may assess a tuition^" fee upon each scholar attending such school, the assessment to be pro- portioned to the number of days each pupil has been in actual attendance during the term : Provided, That no tuition fee shall be levied upon the scholars in any of the public schools of this state, in accordance with the provisions of this act, unless the entire amount of one per cent, for teachers' wages, as required bylaw, be first assessed upon the taxable property of said school district. (Laws 1876, ch. 122, art. 5, sec. 6.) Sec. 207. Length of School Term. [Laws 1903, ch. 431, sec. 1 ] That in all school districts in this state in which there is a good and sufficient school building, ^^'^ a school shall be maintained for a period of not less than five months, be- tween the 1st day of October and the 1st day of June in each school year. Sec. 208. Tax Levy. [Laws 1903, ch. 431, sec. 2.] Should the legal voters of any school district, at their annual meet- ing or special meeting called for that purpose, or the school- district board, neglect, refuse or fail to provide a sufficient levy of tax upon the taxable property of such district to main- tain a public free school for a period of not less than five months in each school year, the county superintendent of such county shall, in conjunction with the county commis- sioners, immediately make an estimate of the amount neces- sary to support and maintain a public free school in such dis- trict for a period of not less than five months for the then ensuing school year, and certify the same to the county clerk 126. This is not suspension as designated in section 245. 127. See note 191, sec. 388. 128. Absence oj Building. The absence of a "good and sufficient school building" cannot be used as an excuse for claiming the school dividend, if a district fails to have three months' school. Section 4, article 6, of the state constitution, provides that no school district in which a common school has not been taught at least three months in each year shall be entitled to re- ceive any portion of the state school fund. 76 DISTRICT SCHOOLS. [CH. 9 of such county ; and it is hereby made the duty of such county clerk to place the said levy upon the tax-roll of such county for that year, and such tax shall be collected at the same time and in like manner as other taxes are collected. Sec. 209. Duly of County Superintc/iident. [Laws 1903, ch. 431, sec. 3.] The county superintendent shall, upon the fail- ure or refusal of the board of directors of any school district to provide and maintain such school as is provided by this act, on or before the 1st day of December of the current school year hire a teacher or teachers for such school dis- trict, and provide the necessary fuel and appendages for the maintenance of such school or schools, for at least five months during the current school year ; and upon the close of such school, and after the teacher of said school has made such reports of the same as provided by law, he shall certify to the treasurer of such district the amount due such teacher for his services, and also the amount due, and the party or parties to whom due, for fuel and other necessary expenses incurred in the support and maintenance of such school ; and it is hereby made the duty of the treasurer of such dis- trict to pay upon the order of such county superintendent the amount or amounts found due by said county superintend- ent, and the filing of a sworn itemized statement of the several amounts so found due by such person or persons : Provided, That any qualified voter of such district is hereby authorized to bring suit against such .county superintendent, in the name of and in behalf of the district, for failure to comply with the, provisions of this act, and all fines collected under the provisions of this act shall be paid into the county treasury, for the use and benefit of the county school fund of such county : Provided further. That the provisions of this act shall not apply to those school districts which will be required to levy more than two per cent.^-" to support and maintain such school as is provided for by this act. 129. Limited to five mills by Laws 1903, ch. 245, sec. 25 (section 307 of this book.) Districts may have less than five months' school only when a levy of five mills is not sufficient to pay for a five months' school. If less than three months' school is had, such district cannot legally secure any part of the state school fund. Ch. 10] DISTRICT OFFICERS. 77 CHAPTER X.— District Officers. §210. Officers: term of office. 211. Official oath. 212. Forfeiture of office; vacancy, how filled. 213. Duty of directors. 214. Duty of district clerk. 815. Clerk shall be ex officio clerk of all dis- trict meetings. 216. Shall draw orders on district treasurer. 217. Clerk's annual report; to whom made, when and how. 218. County treasurers. 219. Treasurer pay no money, when. 220. Shall report to each county superintend- ent: joint district. 221. Penalty for false report. 222. District clerk shall report to county clerk a list of resident taxpayers. 223. Fine for failure to report district tax to county clerk. 224. Shall report to county superintendent, what. 225. District and city clerks, and clerks of boards of education, shall report bonded indebtedness to county clerk. 226. Fine for not delivering records to suc- cessor. 227. District treasurer shall execute bond. 228. Shall pay school moneys, on whose or- der. 229. Shall receive school moneys from county treasurer, on whose order. 230. District taxes voted but not levied in any year shall be collected with taxes of the year following. §231. District treasurer shall keep account, etc.: shall report in writing at annual meeting. 232. Procedure, if he does not pay over mon- eys to his successor. 233. Powers and duties of school-district board; schoolhouse site, etc. 234. Shall have care of property of district. 235. May open schoolhouse for the use of re- ligious, political, literary, scientific, mechanical or agricultural societies. 236. The board may remove schoolhouse or other improvement, when : probate judge may appoint appraisers to con- demn site. etc. 237. May admit non-resident pupils, when. 238. Discontinue schools; send children to other districts. 239. Send children to other districts, when. 240. Shall hire qualified teachers; may dis- miss teachers for cause. 241. Employment of relatives. 242. Contracts void. 243. Records and reports. 244. Shall provide necessary appendages, when. 24'>. May suspend a pupil for cause: appeal. 246. Shall furnish teachers with daily regis- ter: shall visit schools. 247. Shall cause district clerk to certify to county clerk the percentage of district taxes, when. 248. Judgments, how obtained; the board liable, when. Section 210. Officers; Term. [fil59.] The officers of each school district shall be a director, clerk, and treasurer, who shall constitute the district board, ^^^ and who shall be elected and hold their respective offices as follows: At the annual meeting in 1874 there shall be elected a director, who shall hold his office for three years ; a clerk, who shall hold his of- fice for two years ; and a treasurer, who shall hold his office for one year;"^ and thereafter at each annual meeting there shall be elected one member of said board in place of the out- going member, who shall hold his office for three years, and until his successor shall be elected and qualified. ^'^ (Laws 1876, ch. 122. art. 4. sec. 1.) 130. The officers of a school district constitute the board of directors in such sense as to be able to transact the school business of the district only when in ses^iion as a district board. As the law is silent as to how, when and where the district board shall convrene, each board should adopt a set of rules for its own government, 131. The director is elected in 1910, the treasurer in 1911, and the clerk in 1912. 132. Compensation of District Officers. Neither the district meetiner nor the district board has the right to authorize or direct the payment of any compensation from the public fund to members of the board for their serv- ices. See section 438 for the term of officers chosen at special meetings. 78 DISTRICT OFFICERS. [CH. 10 Sec. 211. Official Oath. [6160.] School-district officers be- fore entering upon their official duties, shall take an oath to faithfully perform said duties ;^^^ and the chairman of any regular or special meeting is hereby authorized and empow- ered to administer such oath.^^* (Laws 1876, ch. 122, art. 4, sec. 2.) Sec. 212. Office Forfeited. [6161.] Every person duly elected to the office of director, clerk or treasurer of any school district, who shall refuse or neglect, without sufficient cause, to qualify within twenty days after his election or ap- pointment, or who, having entered upon the duties of his of- fice, shall neglect or refuse to perform any duty required of him by the provisions of this act, shall thereby forfeit his right to the office to which he was elected or appointed, and the county superintendent shall thereupon appoint a suitable person in his stead. ^^^ (Laws 1876, ch. 122, art. 4, sec. 3.) Sec. 213. Director. [6162.] The director of each district shall preside at all district meetings, and shall sign all orders drawn by the clerk, authorized by a district meeting or by the district board, upon the treasurer of the district, for moneys collected or received by him to be disbursed therein. He shall appear, for and in behalf of the district, in all suits brought by or against the district, unless other direction shall be given by the voters of such district, at a district meeting. (Laws 1876, ch. 122, art. 4, sec. 4.) Sec. 214. Clerk. [6163.] The clerk of each district shall record the proceedings of his district in a book provided by the district for that purpose, and enter therein copies of all reports made by him to the county superintendent ; and he shall keep and preserve all records, books and papers belong- ing to his office, and deliver the same to his successor in office. (Laws 1876, ch. 122, art. 4, sec. 5.) Sec. 215. Clerk of the Board. [6164.] The said clerk shall be clerk of the district board and of all district meetings, 133. Neglect of Duty. Where a district officer neglects or refuses to per- form a duty, the proper proceeding to compel performance is a writ of man- damus. 134. A district officer can qualify before the chairman of a district meet- ing, the county superintendent, or any one authorized by law to administer oaths. 135. A county superintendent cannot remove a district officer. Such removal can be made only by an action brought in court. The vacancy be- ing declared, the county superintendent shall appoint. A member of the district board cannot continue to act as a member thereof after he ceases to be a resident of the district, nor has he the right to appoint a deputy to discharge the duties of the office. CH. 10] DISTRICT OFFICERS. 79 when present ;^^® but if such clerk shall not be present at any district meeting, the voters present may appoint a clerk of such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the clerk of the district. (Laws 1876, ch. 122, art. 4, sec. 6.) ^i;SttC. 216. Draiu Orders. [6165.] The clerk of the district shall draw orders on the treasurer of the district for moneys in the hands of such treasurer which have been apportioned to or raised by the district, to be applied to the payment of teachers' wages, and apply such money to the payment of the wages of such teachers as shall have been employed by the district board ; and said clerk shall draw orders on the said treasurer for moneys in the hands of such treasurer, to be disbursed for any other purpose ordered by a district meeting^" or by the district board, agreeable to the provisions of this act.^^^ (Laws 1876, ch. 122, art. 4, sec. 7.) .-. Sec. 217. Annual Report}^^ [6166.] The clerk of each dis- trict shall, at least five days previous to the annual meeting in July of each year, make a written report, which he shall submit and read to the legal voters of the district at the an- nual meeting for their information and consideration. If any change or alteration therein be necessary, the same shall be made, and it shall then be transmitted to the county superin- tendent of public instruction. Said report shall show: (1) The number of children,"*' male or female, designated sepa- rately, residing in the district or part of district on the last day of June previous to the date of such report, over the age of five and under the age of twenty-one years ; (2) the num- ber of children attending school during the year, their sex, 136. In transacting the school business of the district, the members of the board should meet as a district board, the clerk making a complete record of all proceedings. Members of the school-district board have not the right to enter into contract obligating said board outside of a regular meeting, and such meeting is not legal unless all members have been notified of the call for the same. 137. A clerk can legally draw an order upon the treasurer for the dis- bursement of moneys without a meeting of the district board, if the same has been authorized by a district meeting or by the district board at any prior meeting. Example: Order for teacher's wages. 138. Should the director or other member of the board refuse to sign a legal order, payable to any party legally entitled to receive it, such officer may be compelled, by writ of mandamus, to sign. 139. This section should be amended to be in harmony with the annual meetings held in April. In school districts holding their annual meeting in April, the school census cannot be reported, as it must show the number of persons of school age of the date of June 30. 140. See section 88 of this book. The clerk is required to make the addi- tion to his report stated therein. 80 DISTRICT OFFICERS. [CH. 10 and branches studied ; (3) the length of time a school has been taught in the district by a qualified teacher, the name of the teacher, the length of time taught by each teacher, and wages paid; (4) the amount of money received from the county treasurer, arising from disbursement pf the state an- nual school fund, the amount received from district taxes, and the amount received from all other sources during the year, and the manner in which the same has been expended ; (5) the amount of money raised by the district each year, and the purposes for which it was raised ; (6) the kind of books used in the schools, and such other facts and statistics^" in regard to the district school as the county superintendent may require. ;Laws 1889, ch. 220, sec, 2.) Sec, 218, County Treasurers. [6167.] All county treasur- ers in this state are hereby required to notify clerks of all school districts in their respective counties, by mail or other- wise, ten days prior to the time fixed by law for holding the annual district meeting, of the amount of money drawn from the treasury by the district treasurer of his district since the commencement of the past school year, and shall also state in the same notification the balance remaining on hand, if any, in the county treasury to the credit of the respective districts. (Laws 1889, ch. 220, sec, 3.) Sec. 219, Treasurer Pay No Moufy, When. [6168.] The county treasurer shall pay no money to the district treasurers of his county after the close of the school year, June 30, un- til after the annual district meetings of the school districts have been held. _ (Laws 1889, ch, 220, sec, 4,) Sec. 220. Joint District. [6169.] Whenever a school dis- trict shall lie partly in two or more counties, the clerk of such district, in making his annual report shall carefully designate the number of children resident in the parts of the counties composing the district, and shall report to the county super- intendent of public instruction of each of the counties in which such district may be partly situated. (Laws 1876, ch. 122, art. 4, sec. 9.) Sec. 221. Penalty. [6170.] Every clerk of a district who shall wilfully sign a false report to the county superintend- ent of his county shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding $100, or by imprison- ment not exceeding three months. (Laws 1876, ch, 122, art. 4, sec. 10.) Sec, 222. Report to C'unty Clerk. [6171.] It shall be the 141. The clerk is required to furnish such data as the county superin- tendent requires. CH. 10] DISTRICT OFFICERS. 81 duty of the several district clerks in this state to make out a certified list of all persons residing within their respective districts liable to pay taxes, and transmit the same to the county clerks of their respective counties on or before the 25th day of August annually, except in incorporated cities. (Laws 1876, ch. 122, art. 4, sec. 11.) Sec. 223. Failure to Repot. [6172.] Any district clerk who shall fail to report the tax voted by his district to the county clerk, as is provided by law, shall be liable to a fine of not less than fifty dollars ; and it is hereby made the duty of the county superintendent to have the provisions of this act enforced. (Laws 1876, ch. 122, art. 4, sec. 12.) Skc. 224. Other Reports. [6173.] The district clerk shall report to the county superintendent in writing the names and post-office addresses of the district officers elect, within two weeks after the said officers shall have been elected or ap- pointed and qualified. The clerk shall also report to the county superintendent the time of the commencement of each term of school, within two weeks from the commencement of such term. (Laws 1876, ch. 122, art. 4, sec. 13.) Sec. 225. Report of IndeUednexs. [7797] That in addition to the duties now required by law of the following officers, to wit, township clerks and clerks of incoporated cities, school- disirict clerks and clerks of boards of education, they shall each of them make and transmit to the clerk of their respect- ive counties, on or before the 5th day of July in each year, a complete certified statement of the floating and bonded in- debtedness, with date of issuing and maturing of outstand- ing bonds; amount of sinking-fund, if any, for redeeming the same ; and such other information as may be required by the county clerk concerning the financial condition of their respective townships, cities, or districts ; and when no out- standing indebtedness exists, such fact shall be reported. (Laws 1877, ch. 90, sec. 1.) Sec. 226. Records^. [6180] Every school-district clerk or treasurer who shall neglect or refuse to deliver to his suc- cessor in office all records, books and papers belonging to his office shall be subject to a fine not exceeding fifty dollars. (Laws 1876, ch. 122, art. 4, sec. 20.) Se«\ 227. Treasurer; Bond. [6174.] The treasurer shall execute to the district a bond in double the amount, as near as can be ascertained, to come into his hands as treasurer during the year, with sufficient securities, to be approved by the director and clerk, conditioned to the faithful discharge -3* 82 DISTRICT OFFICERS. [CH. 10 of the duties of said office. ^^^ Such bond shall be justified by the affidavit of the principal and his sureties : Provided, That the director of the district or the county superintendent of public instruction shall be authorized to administer the oaths in the justification of the treasurer and his sureties. And said bond shall be filed with the district clerk, and in case of the breach of any conditions thereof, the director shall cause a suit to be commenced thereon, in the name of the district, and the money collected shall be applied by such director to the use of the district, as the same should have been applied by the treasurer ; and if such director shall neglect or refuse to prosecute, then any householder in the district may cause such prosecution to be instituted. (Laws 1879, ch. 156, sec. 1.) Sec. 228. Duties. [6175.] The treasurer of each district shall pay out, on the order of the clerk, signed by the director of the district, all public moneys which shall come into his hands for the use of the district."^ (Laws 1876, ch. 122, art. 4, sec. 15.) Sec. 229. Receive School Moneys. [6176.] The county treasurer shall pay to each district treasurer in the county all school moneys in the county treasury belonging to the dis- trict, upon the order of the director and clerk of the district : Provided, That said order shall be accompanied by a certifi- cate from the district clerk, stating that the treasurer of the district has executed and filed his bond as required by law. (Laws 1876, ch. 122, art. 4, sec. 16.) Sec. 230. DiMrict Taxe^. [6177.] Where a school district tax has been voted, and from the fault or negligence of any officer, or any other cause, has not been leviec^ and collected in any year, the same shall be added to and collected with the taxes of the year following ; and the county treasurer shall pay over to the treasurers of the respective school dis- tricts all taxes he may have collected for the said districts, on the order of the district clerk, countersigned by the di- rector, subject to the proviso contained in section 52 of this act."* (Laws 1876, ch. 122, art. 4, sec. 17.) 142. It is not proper for either the director or the clerk to become surety for the treasurer. It is not necessary that the treasurer's bondsmen be residents of the district, though they ought to reside in the county. The bond becoming insufficient from any cause, the director and clerk may re- quire the bond to'be made good. 143. Registration. When a warrant is presented and not paid for want of funds, it is the duty of the treasurer to register the same, and, when the proper funds are received, to pay said warrant, and all others which have been similarly presented, in the regular order of registration. 144. Section 229 of this book. CH. 10] DISTRICT OFFICERS. 83 Sec. 231. Records and Beports. [6178.] The treasurer shall keep a book in which he shall enter all the moneys re- ceived and disbursed by him, specifying particularly the sources from which money has been received and the person or persons to whom and the objects for which the same has been paid out. He shall present to the district, at each an- nual meeting, a report in writing, containing a statement of all moneys received by him from the county treasurer during the year ; also, all moneys collected by him during the year from assessments in the district, and of the disbursements made by him, with the items of such disbursements, and ex- hibit the vouchers therefor, which report shall be recorded by the district clerk ; and at the close of his term of office shall settle with the district board, and shall hand over to his suc- cessor said book, and all receipts, vouchers, orders and pa- pers coming into his hands as treasurer of the district, together with all the moneys remaining in his hands as such treasurer. (Laws 1876, ch. 122, art. 4, sec. 18.) Siic. 232. Prosecution for Failure. [6179.] If any district treasurer shall refuse or neglect to pay over any money in his hands belonging to the district, it shall be the duty of his successor in oflBce to prosecute without delay the official bond of such treasurer, for the recovery of such money ."^ (Laws 1876, ch. 122, art. 4, sec. 19.) Sec. 23-3. Poiuers of Board. [6181.] The district board shall purchase or lease such a site for a schoolhouse as shall have been designated by the voters at a district meeting, in the corporate name thereof, and shall build, hire or purchase such schoolhouse as the voters of the district in a district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any schoolhouse site or other property of the district, and, if "necessary, execute a conveyance of the same in the name of their office, when law- fully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district. (Laws 1876, ch. 122, art. 4, sec. 21.) Sec. 234. School Property. [6182.] The district board shall have the care and keeping of the schoolhouse and other property belonging to the district. They shall have power to make such rules and regulations relating to the district li- brary as they may deem proper, and to appoint some suitable person to act as librarian, and to take charge of the school apparatus belonging to the district. (Laws 1876, ch. 122, art. 4, sec. 22.) 145. See section 226 of this book for penalty for refusing or neglecting to turn over all records to successor. 84 DISTRICT OFFICERS. [CH. 10 Sec. 235. Use of Schoolhouse. [6194.] The district board shall have the care and keeping of the schoolhouse and other property belonging to the district. They are hereby author- ized to open tlie schoolhouse for the use of religious, political, literary, scientific, mechanical or agricultural societies'*" be- longing in their district, for the purpose of holding the busi- ness or public meetings of said societies, under such regulations as the school board may adopt. "^ (Laws 1876, ch. 125, sec. 1.) Skc. 236. Removal of Schoolhouse, etc. [6193.] That when- ever a schoolhouse or other improvements have been made upon the claim of any settler upon any of the public, Indian or railroad lands within this state, to which the said settler had no title, it shall be lawful for the school directors of the proper school district to remove the said schoolhouse or other improvements from the said claim at any time within one year from the time that the settler in any given case may ac- quire a title to his said claim : Provided, That if the said settler, in any given case, shall convey to said board of school directors one acre of the land upon which said schoolhouse or other improvements are situated, the same shall not be re- moved : And provided fwther. That if any schoolhouse shall have been built of stone, brick, or frame, costing not less than $500, the probate judge of the county shall appoint three dis- interested persons, who shall appraise and condemn one acre of such land upon which said improvements shall have been located ; and it shall be the duty of the school director of such district to pay the owner of such land the value of such land as found by said appraisers. (Laws 1876, ch. 122, art. 4, sec. 32.) Sec. 237. Non-resident Pap ih. [6183.] The district board shall have power to admit scholars from adjoining districts. (Laws 1876, ch. 122, art. 4, sec. 23.) Sec. 238. Discominue Schools. [Laws 1905, ch. 386, sec. 1.] In any school district, if in the judgment of the district board, the county superintendent concurring, the number of children in said district and the distance of same from the schoolhouse would not warrant the continuance of the school in said district, it shall then be lawful for the district, at its annual or special meeting called for the purpose hereinafter stated, and called in acccordance with the law providing for 146. The law restricts the board to the several societies named in the above election. The board cannot legally open the schoolhouse for uses other than the above, aside from the use of the schoolhouse for all business connected directly with the schools of the district. 147. This section does not mean that school boards must open the school- house for the purposes mentioned, but that they may, if they think it best to do so. CH. 10] . DISTRICT OFFICERS. 85 special meetings in school districts, to make provision for the sending of the children of such district to such other school or schools as may seem in their judgment best, and for such purpose the school board is authorized to issue the warrants of said district in payment of expenses and tuition of such children : Provd'd, Such expense and tuition shall not exceed ten dollars per month for each child nor forty-five dollars in any one month for all of said children that may be sent to other schools : And provided furth.'-r, That such discontinu- ance of the school in said district shall not bar the district from its share of the state school fund, if said children are continued in the school or schools of other districts the full time required by law for the maintenance of school in the districts. Skc. 239. S^vd Children to Other Districts. [Laws 1907, ch. 321, sec. 2.] If in any school district there are children for -whom it will be more convenient, by reason of distance from the school of the district where they live, to attend school in another district, the annual school meeting may make an order sending such children to the school of some other con- venient district, and the school board is hereby authorized to issue the warrants of the' district in payment of the extra ex- pense and tuition of such children : Pr<>vidfd, That not ex- ceeding four dollars per month shall be paid for each child : Provided further, That the children of any property-owner owning land in any adjoining school district, other than in towns and incorporated cities, may have the privilege of at- tending school in such adjoining district without extra ex- pense and tuition, when such school is more convenient by reason of distance from the school of the district in which they live. Skc. 240'. Teachers. [8184.] The district board in each district shall contract with and hire qualified teachers^*® for and in the name of the district,"^ which contract shall be in writing, and shall specify the wages per week or month as agreed upon by the parties, and such contract shall be filed in the district clerk's office, ^^^ and, in conjunction with the 148. It is held (1) that a "qualified" teacher is one holding a legal cer- tificate; a contract with any other than a legally qualified teacher is not a legal contract; (2) should the teacher's certificate expire by limit of date during a term of school, said teacher must procure a new certificate or the contract becomes null and void ; and (3) a contract to teach made by a dis- trict board with a member of said board is contrary to public policy. ,| 149. Contract. It is not legal for a school-district board, previous to the annual meeting, to employ teachers for the new term of school. 150. Teachers are entitled to pay for the time during which school is dis- missed due to the prevalence of a contagious disease in the district. 86 DISTRICT OFFICERS. . [CH. 10 county superintendent, may dismiss for incompetency, cruelty, negligence, or immorality .^^^ (Laws 1876, ch, 122, art. 4, sec. 24.) Sec. 241. Employment of Relatives. [6240.] Any person being related to a school-district officer as husband or wife, son or daughter, shall not be eligible to the position of teacher in such school district, unless employed by a unanimous vote of all the members of such board. (Laws 1901, ch. 304, sec. 1.) Sec. 242. Contracts Void. [6241.] Any contract made in violation of this act ^^^ shall be null and void, and any school- district officer so violating shall be liable to the person or persons so employed for all claims such person or persons may have against such district for wages. (Laws 1901, ch. 304, sec. 2.) Sec. 243. Records and Reports. [6202.] It shall be the duty of the teachers of every district school or graded school to keep, in a register for this purpose, a daily record of the attendance and the deportment of each pupil, and of the recitations of each pupil in the several branches pursued in said school, and to make out and file with the district clerk, at the expiration of each term of the school, a full report of the whole number of scholars admitted to school during such term, distinguishing between male and female, the text-books used, the branches taught, and the number of pupils engaged in the study of said branches, and any other information the district board or county superintendent may require. ^^^ The wages of a teacher for the last month of a school term shall not be paid by'any district board, unless said teacher shall have complied with the requirements of this section. (Laws 1876, ch. 122, art. 6, sec. 1.) Sec. 244. Necessary Appendages. [6185.] The district board shall provide the necessary appendages^^* for the schoolhouse 151. Janitor Work. In the absence of any law making it the duty of the teacher to assume the responsibility of janitor work necessary for the com- fort and good order of the school under her charge, such work being neces- sary and indispensable, and further, since the provision for the equipment of the school is clearly the duty of the board, the inference certainly must be that the care of the schoolhouse properly belongs to the district board, and in no way can it be construed as a part of the teacher's duties, unless the contract entered into by the same shall so provide. Teachers cannot col- lect pay for janitor service unless the contract so provides. 152. See section 241 of this book. 153. See section 90 of this book for additional reports required under the compulsory- education law. 154. The term "appendages" should be construed broadly, so as to in- clude necessary improvements, such as well, privy, fence, etc. (30 Kan. 378.) CH. 10] DISTRICT OFFICERS. 87 during the time a school is taught therein, and shall keep an accurate account of all expenses thus incurred, and present the same for allowance at any regular district meeting, (Laws 1876, ch. 122, art. 4, sec. 25.) Sec, 245. Suspend Pupil; Appeal. [6186.] The district board may suspend, or authorize the director to suspend,"' from the privileges of a school, any pupil guilty of immorality or persistent violations of the regulations of the school, which suspension shall not extend beyond the current quarter of the school : Provided, That the pupil suspended shall have the right to appeal from the decision of said board of directors to the county superintendent, who shall, upon a full investiga- tion of the charges preferred against said pupil, determine as to his guilt or innocence of the offense charged, whose de- cision shall be final. "^ (Laws 1876, ch. 122, art. 4, sec. 26.) Sec. 246. District Board's School Duties. [6187.] The district board shall furnish each teacher with a suitable daily register, and shall visit together, or by one or two of their number, all the schools of their district, at least once a term, and at such other periods during the term as in their opinion the exigencies of each school may require ; at which visits they shall examine the register of the teacher and see that it is properly kept, and inquire into other matters touching the schoolhouse, facilities for ventilation, furniture, apparatus, library, studies, discipline, modes of teaching, and improve- ment of the school ;^" shall confer with the teacher in regard to condition and management, and make such suggestions as in their view would promote the interest and eflSciency of the school and the progress and good order of the pupils. The date and results of such visits shall be entered by the clerk 155. Pupils between the ages of eight and fifteen can be suspended only temporarily, when they are required by the compulsory-attendance law to attend school. (See section 78.) Cases of incorrigibility come within the ju- risdiction of the juvenile court when the accused is under the age of sixteen years. ( See section 86. ) 156. The right of the teacher to punish for misconduct extends from the time the pupil leaves home to go to school until he returns home from school. This, however, does not relieve the parent from control of the child on his way to and from school. The control of school children on their way to and from school should be exercised concurrently by the parents and teacher. In case of grave misconduct, the teacher can suspend a pupil until the board can be notified of such action, except when required by the compulsory- at- tendance law to attend school. Due diligence must be used by the teacher to serve notice on the board. 157. A school board has a right to make a rule requiring constant and prompt attendance at school, such a rule having in view the securing of the very object contemplated in the law establishing public schools. The inter- ests of the pupil and of all the members of the school require promptness and regularity in attendance. Courts have held that such a rule may be enforced. See chapter IV of this book. 88 DISTRICT OFFICERS. [CH. 10 of the board on their minutes. ^^^ (Laws 1876, ch. 122, art. 4, sec. 27.) Sec. 247. Taxes. [Laws 1909, ch. 214, sec. 2.] It shall be the duty of the school-district clerk to certify to the county commissioners of their respective counties, on or before the 25th day of July, annually, the aggregate amount by them determined in each district to be necessary for school pur- poses. Upon the receipt of such certification the county com- missioners shall, on or before the first Monday in August, annually, levy on the real and personal property in each dis- trict, as returned by the assessment roll of the county, a percentage which will produce an amount equal to and not exceeding by more than one per cent, the amount certified by the district clerl^. And the county clerk is hereby author- ized and required to place the same on the tax-roll of said county, in a separate column or columns, designating the purpose for which such taxes were levied ; and the said taxes shall be collected by the county treasurer and paid over to the treasurers of the respective school districts in the county, with the same power and restrictions and under the same regulations and in all respects as to the sale of real or per- sonal property. He shall be authorized and he is hereby re- quired to act according to the provisions and requisitions of the law for the collection of taxes for state and county pur- poses. Skc. 248. Judgments. [6192.] Whenever any final judg- ment shall be obtained against any school district, the district board shall levy, a tax on such taxable property in the district for the payment thereof. ^^^ Such tax shall be collected as other school-district taxes, but no execution, shall issue on such judgment against the school district; and in case the district board neglect to levy a tax as aforesaid for the space of thirty days after such judgment shall become final, or in case the proper officer shall neglect to collect the tax levied within the time and in the manner provided by law, then the judgment creditor of the district may have and recover a 158. Powers of District Board. The district board has the power to prescribe the necessary rules and regulations for the management and gov- ernment of the school. They may require a classification of pupils with re- spect to the branches of study pursued, and with respect to proficiency or degree of advancement in the same, and that there shall be prompt attend- ance, diligence in study, and proper deportment, and can determine the branches to be taught other than those required by law. 159. A judgment tax may be levied in addition to the three and one-half mills for general school purposes, and the amount of tax which may be levied to pay a judgment is not limited. CH. 10] DISTRICT OFFICERS. 89 judgment against the officer or officers so in default for the amount due him on such judgment against the district, with costs, upon which execution shall issue. (Laws 1876, ch. 122, art. 4, sec. 31.) 90 FINES AND PENALTIES. [Ch. 11 CHAPTER XI.— Fines and Penalties. 5 249. Jurisdiction of justices of the peace. 250. Fines and penalties, how collected. 251. Penalty for receiving bonus from pub- lisher of school-books. §252. Officers prohibited from taking con- tracts, doing work for profit, or fur- nishing material. Section 249. Jurisdiction. [6255.] Justices of the peace shall have jurisdiction in all cases in which a school district is a party interested, when the amount claimed by the plain- tiff shall not exceed |100 ; and the parties shall have the right of appeal, as in other cases. (Laws 1876, ch. 122, art. 9, sec. 1.) Sec. 250. How Collected. [6256,] All fines and penalties not otherwise provided for in this act shall be collected by an action in any court of competent jurisdiction. (Laws 1876, ch. 122, art. 9, sec. 2.) Sec. 251. Penalty for Receiving Bonus. [6257.] If the state superintendent, or any county superintendent of public in- struction, shall receive from the publisher of any school- books, or from any other person interested in the sale or introduction of any book into the public schools in the state, any money or bonus in any manner as an inducement for the recommendation or introduction of any such book into the public schools of the state, such superintendent shall, upon conviction thereof before any court of competent jurisdiction, be found guilty of a misdemeanor, and shall be fined in a sum not less than |1000 nor exceeding |5000, or shall be im- prisoned in the penitentiary for any time not less than one year nor more than five years, or both such fine and impris- onment, (Laws 1876, ch. 122, art. 9, sec. 3.) Sec. 252. Officers Prohibited from Talcing Contracts, Doing Work for Profit, or Furnishing Material. [2364.] That all ofiicers, state and county, and all officers appointed or elected for the purpose of overseeing and directing any of the public improvements of the state, and all officers holding and exer- cising any office of trust or profit under and by virtue of any law of the state, be and they are hereby prohibited from tak- ing any contract, or performing or doing or having performed or done for their own profit, any work in and about the office holden by thefn, or in or about any work over which they have in whole or in part the supervision, direction or control, and from furnishing any materials used in any such work, and from furnishing for the use of any institution, public CH. 11] FINES AND PENALTIES. 91 work, county, township, or other interest, the protection of which interest is a part of the duties of his office, any fire- wood, clothing, materials for building, or other things re- quired by such institution, public work, county, township or other interest so in the keeping, in whole or in part, of such person. (Laws 1867, ch. 132, sec. 4.) 92 FIRE PROTECTION. [Ch. 12 CHAPTER XII.— Fire Protection. § 257. Inspection, duty of school boards. 258. Fire drills. 259. Penalty. 260. Time for compliance. § 253. Doors of schoolhouses. 254. Exits, fire-escapes. 255. Furnaces. 256. Plans of buildings submitted to state architect. Section 253. Doors of SchooUiouses. [Laws 1909, ch. 209, sec. 1.] That the doors of all public or private schoolhouses of more than one story shall open outwards, and all doors of schoolhouses shall remain unlocked while school is in session. Sec. 254. Exits, Fire-escnpfs. [Laws 1909, ch. 209, sec. 2.] That in every public or private schoolhouse of two or more stories every story above the first shall be provided with either two or more exits from the upper floor separate and distinct from the exits of the lower floor, or shall be provided with sufficient and suitable fire-escapes, which shall be built of iron or steel. Sec. 255. -Furnaces. [Laws 1909, ch. 209, sec. 3.] That the tops of all furnaces in public and private schoolhouses shall be covered with asbestos covering or masonry, and the top of such furnace shall not be nearer than eighteen inches to the nearest woodwork above. The ceiling above said fur- naces shall be covered with asbestos. Sec. 256. Plans of Buildings Submitted to State Architect. [Laws 1909, ch. 209, sec. 4.] That no contract shall be let for the erection j)f any school building, nor shall any public funds be paid out for the erection of schoolhouses of two or more stories, until the plans for such buildings shall have been submitted to the state architect and approved as to all the requirements of this act. __^__^ Sec. 257. Inspection ; Duty of School Boards. [Laws 1909, ch. 209, sec. 5.] That each county superintendent shall an- nually inspect each public-school building, including the county-high-school building, in districts under his super- vision ; and the mayor or fire marshal shall annually inspect all public and private school buildings in cities of the second class; and the fire marshal shall annually inspect all public and private school buildings in cities of the first class. The examining officer under this section shall report to the re- spective school boards having jurisdiction any violation of this act, or any conditions which he may deem dangerous, or which will in any way prevent a speedy exit from the build- ing, and it shall be the duty of said school board when thus CH. 12] FIRE PROTECTION. 93 notified immediately to make such changes as are required by this act, and such boards are hereby authorized to draw upon their general revenue funds, without further appropriation, to comply with all the requirements of this act. Sec. 258. Fire-drills. [Laws 1909, ch. 209, sec. 6 ] That in every public or private school having more than one hun- dred pupils (excepting colleges and universities) a fire-drill and summary dismissal from the bujlding shall be practiced at least once each month at some time during school hours, aside from the regular dismissal at the close of the day's session. Sec. 259. Penalty. [Laws 1909, ch. 209, sec. 7.] That any officer or member of a school board who shall permit any provisions of this act to be violated for sixty days may be re- moved from his office by a civil action. Independent of such civil action, any officer, member of a school board, city super- intendent, principal or teacher violating any provision of this act shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment in jail not exceeding six months, or by both such fine and imprisonment : Provided, however. That this act shall not prevent the prosecution and punishment of an officer or other person under the ordinary provisions of the crimes act for death or injury to any child in a public or private school occasioned by the negligence of such officer or other person. Sec. 260. Time for com pHancfi. [Laws 1909, ch. 209, sec. 8.] That within sixty days after the taking effect of this act the provisions of section 1 of this act must be fully complied with, and within one hundred and twenty days the provisions of sections 2 and 3 must be complied with ; and any neglect to comply with the provisions of this act beyond the times herein specified shall subject the officers and persons named in this act to the penalties prescribed in this act. 94 INDUSTRIAL EDUCATION. [Ch. 13 CHAPTER XIII.— Industrial Education. § 261. Tax for industrial training. 262. Boards may provide schoolrooms. 263. State Board prescribes course and standard. § 264. Report to state superintendent. 265. State aid. 266. Appropriation for. Section 261. Tax for Industrial Training. [Laws 1903, ch. 20, sec. 1.] The board of education in each city of the first class and second class, and the annual school meeting of any school district, may, in addition to the other levies, levy a tax not to exceed one-half mill"" upon the dollar of assessed valuation in cities of the first and second class, and not to exceed one mill* on the dollar of the assessed valuation in all other cities and school districts, for the equipment and main- tenance of industrial-training schools or industrial-training departments of the public schools. The sum raised by such levies shall be expended for the purpose named in this act and no other. Sec. 262. Boards May Provide Schoolrooms. [Laws 1903, ch. 20, sec. 2.] Said board of education and district board, upon such levy being made, may provide for a separate school or a separate department in some existing school, and may employ such teachers as they think are competent to give in- struction in industrial training, as required by their course of study ; and it shall be the duty of such board to provide, from the funds received under the provisions of this act, the necessary books, appliances and room for such instruction, and it shall be the duty of such board to prescribe a course of study to meet the special needs of the district or city, which course of study must be approved by the State Board of Edu- cation. Sec. 263. State Board Prescribes Course and Standard. [Laws 1903, ch. 20, sec. 3.] The State Board of Education shall establish a standard for teachers of industrial training, and shall grant special certificates to those who are fully qualified to give instruction therein ; and they shall prescribe the course of study in industrial training to be used in the state. Sec. 264. Report to State Superintendent. [Laws 1903, ch. 20, sec. 4] On the 1st day of July in each year, the clerk of 160. Limited to one-eighth of a mill by Laws 1909, ch. 245, sec. 25 (sec- tion 307 of this book). * Limited to one-quarter of a mill by Laws 1909, ch. 245. sec. 25 (section 307 of this book). CH. 13] INDUSTRIAL EDUCATION. 95 each school board or district maintaining a school or depart- ment for industrial training as aforesaid, and desiring state aid, shall make a report, duly certified, to the state superin- tendent of public instruction, in such form as may be re- quired, setting forth the facts relating to the cost of main- taining such school or department for industrial training, the character of the work done, the number and names of the teachers employed in such work, and the length of time such school or department was maintained during the preceding year. Upon receipt of such report, the state superintendent, when satisfied therefrom, and from such other investigation as he may deem advisable, that such school or. department for industrial training has been established and maintained for a period of six months in the year immediately preceding, and has been taught by a special teacher or teachers having the qualifications mentioned in sections 3 and 4 of this act,^" shall make a certificate to that efi'ect, showing also the amount of money expended by such school district in the twelve months immediately preceding the 1st day of July of each year in maintaining such school or department for in- dustrial training, and submit such certificate to the state auditor. Sec. 285. State Aid }^^ [Laws 1903, ch. 20, sec. 5.] Upon receiving such certificate mentioned in section 4^^ of this act, the state auditor shall draw his warrant upon the state treasurer, payable to the treasurer of the school district or board of education maintaining said school or department, for a sum of money equal to that contributed by such school district for such purpose, but not exceeding the sum of $250 : And 'provided, That the total sum of money contributed by the state as aforesaid for such purposes shall not exceed the sum of $10,000 in any one year. Sec. 266. Appropriation.^'' [Laws 1903, ch. 20, sec^ 6.] For carrying out the provisions of this act, the sum of $20,000, or so much as may -be necessary, is hereby appro- priated out of the stats treasury, out of any money not other- wise appropriated. 161. Sections 263 and 264 of this book. 162. State aid will not be available hereafter unless succeeding legisla- tures make appropriations for this purpose. No appropriation was made for 1909-'10 or 1910-'ll. 163. See section 264 of this book. 96 JUVENILE COURT. [CH. 14 CHAPTER XIV.— Juvenile Court. §282. 283. 281. 285. 286. 287. 288. 289. 290. 291. 292. 293. 294. 295. 296. 267. Parents responsible for delinquency of children; penalty. Suspension of sentence; release; bond. Custody of child during suspension of sentence. Forfeiture of bond and term of proba- tion. Judgment in case of forfeiture of bond. Acts not repealed Detention home; juvenile farm. Government of detention home. Record cf inmates of detention home. Tax levied for detention home or juve- nile farm ; salary of matron or super- intendent. Annual report of judge of juvenilecourt. Jurisdiction after the age of sixteen. Compensation in counties having a pop- ulation of over 25,000. Jurisdiction. Police and sheriff entitled to witness fees. Blanks. iS267. Probate judge; jurisdiction; authority; fees. 268. Over whom the juvenile court has juris- diction. 269. Probation officer ; appointed ; duties ; truant officer. 270. Who may make the complaint. 271. Summoning custodian of child. 272. Custody of child; continuance of the hearing. 273. Care of dependent or neglected child. 274. The child as the ward of an association or individual. 875. The child committed to the care of a probation officer. 276. The court may revoke the custody. 277. Child under sixteen not to be taken be- fore courts other than juvenile courts. 278. Appeals to district court. 879. Assistance of ci ty and county attorneys, and other officials. 280. Discretion of juvenile court as to penal- ties of state laws and city ordinances. 281. Care and custody of child to be parental. Sectiov 267. Probate Judge; Jurisdiction; Authority; Fees. [Laws 1905, eh. 190, sec. 1.] That there be and hereby is created and established in each county of the state a court, to be known as the "juvenile court," whose jurisdiction shall pertain to the care of dependent, neglected and delinquent children. The probate judge of each county shall be the judge of the juvenile court in his county, and he shall be fur- nished by the board of county commissioners, at the expense of the county, with such dockets, records, and blanks, upon his requisition,, as may be necessary in the conduct of the business of the court. Said court shall have jurisdiction of all cases concerning dependent, neglected and .delinquent chil- dren in their respective counties, shall be open at all times for the transaction of business, and may make such disposition of cases as is hereinafter provided. They shall have authority to issue subpoenas for witnesses, and compel their attendance by attachment as for contempt, and to issue all other process that may be necessary in any case, the same as justices of the peace are authorized to do in misdemeanors. All writs and process shall be served by the probation officer of the court, or, in his absence, by some person especially deputized for that purpose by the court. The judge of the juvenile court shall receive.as compensation for his services the same fees as are allowed the probate judge for like services, and said fees shall be in addition to all fees or salary received by him as judge of the probate court ; said fees are to be allowed by the county commissioners and paid out of the county treasury. CH. 14] JUVENILE COURT. 97 Sec, 268. Over Whom the Juvenile Court has Jurisdiction. [Laws 1905, ch. 190, sec. 2.] This act shall apply only to children under the age of sixteen years, not now or herein- after inmates of any state institution or any industrial school for boys or industrial school for girls or some institution in- corporated under the laws of this state : Provided, That when jurisdiction has been acquired under the provision hereof over the person of a child, such jurisdiction may continue for the purposes of this act until the child has attained its majority. For the purpose of this act, the words "dependent child" and "neglected child" shall mean any child who for any reason is destitute or homeless or abandoned, or dependent upon the public for support, or has not proper parental care or guard- ianship, and has idle and immoral habits, or who habitually begs or receives alms, or who is found living in any house of ill-fame or with any vicious or disreputable persons ; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such a child ; or any child under the age of ten years who is found begging, peddling, or selling any article, or singing or playing any musical instrument upon the street, or who accompanies or is used in aid of any person so doing. The words ' ' delinquent child ' ' shall include any child under the age of sixteen years who violates any law of this state or any city, town or village ordinance ; or who is incorrigible ; or who knowingly associates with thieves, vicious or immoral persons ; or who is growing up in idleness or crime ; or who knowingly patronizes any pool-rooms or place where gambling devices are operated. The word "child" or "chil- dren ' ' may mean one or more children , and the word ' ' parent ' ' or "parents" may be held to mean one or both parents, when consistent with the intent of this act. The word "associa- tion" shall include any corporation which includes in its purpose the care or discipline of children coming within the meaning of this act. Sec. 269. Probafion Officer; Appointed; Duties; Truant Officer. [Laws 1905, ch. 190, sec. 3.] The juvenile court having jurisdiction under this act shall appoint or designate one or more discreet persons of good character to serve as probation officers during the pleasure of the court ; said probation of- ficer shall receive as compensation, from the public treasury, a sum to be fixed by the court, said sum not to exceed two dollars per day for services actually performed : Provided, That, in cities having a population of fifteen thousand or over, the compensation shall not be more than three dollars per -4 98 JUVENILE COURT. [CH. 14 day. Whenever there is to be a child brought before any court having a probation officer, it shall be the duty of the judge of the court, if practicable, to notify the probation officer in advance when any child is to be brought before the court. It shall be the duty of said probation officer to make such investigation as may be required by the court ; to be present in court in order to represent the interest of the child when the case is heard ; to furnish to the court such informa- tion and assistance as the judge may require, and to take such charge of any child before and after trial as may be directed by the court ; and the court shall have power to make and enforce rules specifying the duties of the probation officer in any and all cases. The judge of said juvenile court may, at his discretion, designate as probation officer the regular truant officer of the county, who shall perform the duties of this office in addition to the duties of the truant officer, as provided by law, and he shall receive no further remunera- tion than is provided by laws already existing. Any proba- tion officer may, without warrant or other process, at any time until the final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take the child placed in his care by said court and bring the child before the court, or the court may issue a warrant for the arrest of any such child, and the court may thereupon proceed to sentence or make such other disposition of the case as he may deem best. Sec. 270. Who May Make the Complaint. [Laws 1905, ch. 190, sec. 4.] Any reputable person, being a resident in the county, havingjsnowledge of a child in his county who ap- pears to be either dependent, neglected or delinquent within the meaning of this act, may file with the court having juris- diction in the matter a petition, in writing, setting forth the facts, verified by affidavit. It shall be sufficient that the affidavit be upon information and belief. If it shall be de- termined by the court that there is no ground for complaint, no permanent record shall be made by the court. Sec, 271. Summoning Custodian of Child. [Laws 1905, ch. 190, sec. 5.] Upon the filing of the petition, unless the par- ties shall voluntarily appear or be in court, a summons shall issue in the name of the state of Kansas, requiring the child and the person having custody and control of the child, or with whom the child may be, to appear with the child at the place and at the time set in the summons, which shall not be later than twenty-four hours after service, unless otherwise directed by the court. The parents of the child, if living, and their residence known, or its legal guardian, if one there CH. 14] JUVENILE COURT. 99 be, or if there is neither parent or guardian, or if his or her residence is unknown, then some relative, if there be one, and his or her residence is known, shall be notified of the proceedings; and in any case the judge may appoint some suitable person or association to act in behalf of the child. If the person summoned, as herein provided, shall fail with- out reasonable cause to appear and abide the order of the court, or to bring the child, such person may be proceeded against as in case of contempt of court. In case the summons cannot be served, or the party served shall fail to obey the same, or in case when it shall be made to appear to the court that such summons will be inefi'ectual, a warrant may issue on order of the court, either against the parent or guardian, or the person having custody of the child, or against the child itself. On the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner and enter final judgment therein ; and the costs of all proceedings under this act may, in the discretion of the court, be adjudged against the person or persons so summoned, appearing, or arrested, as the case may [be] , and collected as provided by law in civil cases. ^Sbc. 272. Custody of the Child; Continuance of the Hearing. [Laws 1905, ch. 190, sec. 6.] In any case the court may con- tinue the case from time to time, and may in the meantime commit the child to the care and control of the probation offi- cer, or may allow such child to remain in its own home, or in the custody of some suitable person, subject to the super- vision and control of the probation officer and to such other conditions as may be imposed by the court ; or the court may authorize the child to be placed in a suitable family home, subject to the friendly supervision of the probation officer, and the further order of the court. Pending a hearing, no child shall be committed to a jail or police station, except, in case of felony, the judge, if he deems it advisable, may com- mit such child to jail until the trial and final disposition of the case ; but when other provision shall not have been made for its care and custody, the court shall direct it to be kept in some suitable place provided by the county outside of a jail or police station. Sec. 273. Care of Dependent or Neglected Child. [Laws 1905, ch. 190, sec. 7.] When any child under the age of sixteen years shall be found to be dependent or neglected, within the meaning of this act, the court may make an order commit- ting the child to the care of some suitable institution, or the care of some reputable citizen of good moral character, or to 100 JUVENILE COURT. [Ch. 14 the care of some training school or an industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its object the purpose of caring for or obtaining homes for neglected or dependent children. The court may, when the health or condition of the child shall require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hos- pital or institution which \vill receive it for like purpose with- out charge. Sec. 274. The Child as the Ward of an Association or Indi- vidu'l. [Laws 1905, ch. 190, sec. 8.] In any case where the court shall award a child to the care of any association or in- dividual, in accordance with the provisions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the guardianship of the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in a family home, with or without indenture, and may be made party to any proceedings for the legal adoption of the child, and may by its or his attorney or agent appear in any court where such proceedings are pending and assent to such adoption ; and such assent shall be sufficient to authorize the court to enter proper order or decree of adoption. Such guardianship shall not include the guardianship of any estate of the child. Sec. 275. The Child Committed to the Care of a Probation Officer. [Laws 1905, ch. 190, sec. 9.] In case of a delin- quent child, the court may continue the hearing from time to time, and may in the meantime commit the child to the care and control of a probation officer duly appointed by the court, and may allow such child to remain in its own home, subject to the visitation and control of the probation officer ; such child to report to the court as often as may be required, and shall be subject to be returned to the court for further proceedings whenever such action shall appear to the court to be necessary ; or the court may authorize the child to be placed in a suitable family home, subject to the friendly su- pervision of the probation officer and the further order of the court ; or it may authorize the child to be boarded out in some suitable family home, in case provision is made by vol- untary contribution or otherwise for payment of the board of such child, until suitable provision may be made for the child in a home without such payment ; or the court may commit the child to a suitable institution for the care of de- linquent children : Provided, That no child under the age of sixteen years shall be committed to the State Reformatory, and in no case shall a child be committed beyond his or her CH. 14] JUVENILE COURT. 101 minority. ' A child committed to such institution shall be subject to the control of the board of managers thereof, and the board shall have power to parole such child on such con- ditions as it may prescribe ; and the court shall, on the rec- ommendation of the board, have power to discharge such child from custody whenever, in the judgment of the court, his or her reformation is complete ; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected and dependent children, if such institution be duly credited as hereinafter provided, or to the care and custody of some discreet person. Sec. 276. The Court May Revoke the Cu'itody. [Laws 1905, ch. 190, sec. 10] In any case where a dependent, neglected or delinquent child has been committed to the care and cus- tody of any association or individual, the court may cause the child to be brought before it, together with the person in whose custody he may be, and if it shall appear that a con- tinuance of such custody is not for the best interests of such child, the court may revoke and set aside the order giving such custody, and make such further orders in the premises as to the future disposition of the child as shall seem best. Sbc. 277. Child Under Sixteen Not to he Taken Before Courtfi Other than JuveniU Courts. [Laws 1905, ch. 190, sec. 11.] When a child under the age of sixteen years is arrested, with or without a warrant, such child shall, instead of being taken before a justice of the peace or police magistrate or judge or any other court now or hereafter having jurisdic- tion of the offense charged, be taken before such juvenile court; or if the child shall have been taken before a justice of the peace or police magistrate or judge of such court, it shall be the duty of such justice of the peace or police magis- trate or judge of such court to transfer the case to such juve- nile court, and of the oflBcer having the child in charge to take such child before said court ; and in any such case the said court may proceed to hear the defense of the case in the same manner as if the child had been brought before the court upon the petition as herein provided. In any case the court shall require notice to be given and investigation to be made as in the several cases under this act provided for, and may adjourn the hearing from time to time for the purpose. Sec. 278. Appeals to District Court. [Laws 1905, ch. 190, sec. 12.] An appeal shall be allowed to the district court by any child from the final order of commitment made by the juvenile court, and may be demanded on the part of the child by its parent, guardian, or custodian, or by any relation of 102 JUVENILE COURT. [Ch. 14 sucH child within the third degree of kinship. Such appeal shall be taken within ten days after the making of the order complained of by written notice of appeal filed with the judge of the juvenile court ; whereupon it shall be the duty of the judge of said court, without unnecessasy delay, to transmit all papers, together with a transcript of his records of the case, to the clerk of the district court of his county, by whom the case shall be docketed in the order of its reception. Such appeal shall not suspend or vacate the order appealed from, but the same shall continue in force in all respects the same as if no appeal had been taken until final judgment has been rendered in the district court : Provided, however, That the judge of the district court may, pending a hearing on ap- peal, make such modification of the order of the juvenile court and upon such conditions as to him may seem proper. Upon the final hearing on appeal the case shall be heard and disposed of in the spirit of this act and in the exercise of all the powers and discretion herein given to the juvenile court. In all cases of felony the judge of the juveuile court may re- mand the persQji apprehended to the district court or county court for trial. Sec. 279. Assistance of City and County Attorneys, and Other Officals. [Laws 1905, ch. 190, sec. 13.] It shall be the duty of all county attorneys within their respective counties, and city attorneys within their respective cities, to give to the probation officers such aid in the performance of their duties as may be consistent with the duties of the office of such at- torneys. It shall be the duties of the police officers and con- stables making arrests of children under sixteen years of age in the counties herein mentioned to at once give information of that fact to the probation officer or to the judge of. the juvenile court herein provided, and also to furnish such pro- bation officer or judge with all the facts in his possession pertaining to said child, its parents, guardian, or other person likely to be interested in such child, and also the nature of the charge upon which such charge has been made. Any probation officer may, without warrant or other process, at any time until final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take any child placed in his care by said court and bring such child before the court, or the court may issue a warrant for the arrest of "any such child; and the court may thereupon proceed to sentence or make other disposition of the case. Sec 280. Discretion of Juvenile Court as to Penalties of Statp. Laws and City Ordinances. [Laws 1905, ch. 190, sec. 14.] All punishments and penalties imposed by law upon persons CH. 14] JUVENILE COURT. 103 for the commission of offenses against the laws of the state, or imposed by city ordinances for the violation of such ordi- nances, in the case of delinquent children under the age of sixteen years, shall rest in the discretion of the judge of the juvenile court, and execution of any sentence may be sus- pended or remitted by said court. Sec. 281. Care and Custody of Child to he Parental. [Laws 1905, ch. 190, sec. 15.] This act shall be liberally construed, to the end that its purposes may be carried out, to wit, that the care, custody and discipline of a child shall approximate, as nearly as may be proper, parental care ; and in all cases where the same can be properly done, that a child may be placed in an approved family home, by legal adoption or other- wise. And in no case shall any proceedings, order or judg- ment of the juvenile court, in cases coming within the purview of this act, be deemed as held to import a criminal act on the part of any child ; but all proceedings, orders and judgments shall be deemed to have been taken and done in the exercise of the parental power of the state. Sec. 282. Parents Resporisible for Delinquency of Children ; Penalty. [Laws 1907, ch. 177, sec. 1.] In all cases where any child shall be a delinquent, dependent or neglected child, as defined by the statutes of this state, the parent or parents or other persons responsible for or by any act causing, encouraging or contributing to such delinquency, dependency or neglect shall be deemed guilty of a misde- meanor, and, upon trial and conviction thereof, shall be fined in a sum not to exceed one thousand dollars, or imprisoned in the county jail for a period not to exceed one year, or by both such fine and imprisonment. The juvenile courts shall have jurisdiction of all cases coming within the provisions of this act. Sec. 283. Suspension of Sentence i Release; Bond. [Laws 1907, ch. 177, sec. 2,] The court may suspend any sentence hereunder or release any person sentenced under this act from custody upon condition that such person shall furnish a good and sufficient bond or undertaking to the people of the state of Kansas in such penal sum, not exceeding two thousand dollars, as the court shall determine, conditioned for the pay- ment of such amount as the court may order, not exceeding twenty-five dollafs per month for each child, for the support, care and maintenance of such child while under the guardi- anship, or in the custody of any individual or any public, private or state home, institution, association or orphanage to which the child may have been committed or entrusted 104 JUVENILE COURT. [CH. 14 under the provisions of the laws of this state concerning de- pendent and neglected children. Sec. 284. Custody of Child During Suspension of Sentence. [Laws 1907, ch. 177, sec. 3.] The court may also suspend any sentence imposed under this act, and may permit any dependent child to remain in the custody of any such person found guilty upon conditions to be prescribed or imposed by the court as seem most calculated to remove the cause of such dependence or neglect, and while such conditions are accepted and complied with by any such person such sentence may re- main suspended and such person shall be considered on proba- tion in said court ; in case a bond is given as provided herein, the conditions prescribed by the court may be made a part of the terms and conditions of such bond. Sec. 285. Forfeiture of Bond and Term of Probation. [Laws 1907, ch. 177, sec. 4.] Upon the failure of any such person to comply with the terms and conditions of such bond or of the conditions imposed by the court, such bond or the term of probation may be declared forfeited and terminated by the court, and the original sentence executed as though it had never been suspended, and the term of any jail sentence im- posed in any such case shall commence from the date of the incarceration of any such person after the forfeiture of such bond or term of probation. There shall be deducted from any such period' of incarceration any part of such sentence which may have already been served. Sec. 286. Judgment in Case of Forfeiture of Bond. [Laws 1907, ch. 177, sec. 5.] It shall not be necessary to bring a separate suit to recover the penalty of any such bond so forfeited, but the court may cause a citation to issue to the surety or sureties thereon, requiring that he or they appear at a time named therein by the court, which time shall not be less than ten nor more than twenty days from the issuance thereof, and show cause, if any there be, why judgment should not be entered for the penalty of such bond and execution issued for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such sufficient cause, the court shall enter such judg- ment in behalf of the people of the state of Kansas against such surety or sureties, or in case of default or refusal to pay the said bond, action may be taken in any court of competent jurisdiction in behalf of the people of the state of Kansas to compel the payment of said bonds. Any moneys collected or paid upon any such execution or in any case upon said bond shall be turned over to the county treasurer of the county in CH. 14] JUVENILE COURT. 105 which such bond is given, to be applied to the care and main- tenance of the child or children for whose dependency such conviction was had, in such manner and upon such terms as the juvenile court may direct : Provided, That it shall not be necessary in the opinion of the court to use such fund or any part thereof for the support and maintenance of such child, the same shall be paid into the county treasury and become a part of the funds of such county. Sec. 287. Acts Not. Repealed. [Laws 1907, ch. 177, sec. 6.] Nothing in this act shall be construed to repeal any act pro- viding for the support by parents of their minor children or any part of the acts concerning delinquent children or per- sons contributing thereto ; and nothing in said acts shall pre- vent proceedings under this act in any proper case. Sec. 288. Detention Home; Juvenile Farm. [Laws 1907, ch. 177, sec. 7.] That the county commissioners of every county of the state having a population of more than twenty thousand may provide a detention home or a juvenile farm for the purpose of caring for homeless children under sixteen years of age in the custody of the judge of the juvenile court : Provided, hoivever, That a juvenile farm may be established only in counties having a city whose population is twenty-five thousand or over. Until a building is erected for the purpose of a detention home, or until a juvenile farm with suitable •and convenient buildings has been provided, the commis- sioners may lease or rent a suitable and convenient building or a part thereof, for a term not to exceed five years for any one period, which shall be used as a detention home. Sec. 289. Government of Detention Home. [Laws 1907, ch. 177, sec. 8.] That the detention home shall be in charge of a matron or of a man and his wife, who shall be under the supervision of the judge of the juvenile court. The inmates of the detention home shall be controlled as far as possible through parental care. The children shall be placed in the public schools where possible, or, if it be so determined, the commissioners may provide for separate instruction within the home. The detention home is to supplement the work of the juvenile court and to be used in lieu of any jail or prison, but it shall be the policy of the judge of the juvenile court, probation officer and the matron or superintendent of the de- tention home to make the said house of detention a temporary home, and as soon as possible to provide for the return of the inmates of the home to their natural parents or to parents by adoption. Sec. 290. Record of Inmates of Detention Home. [Laws 1907, 106 JUVENILE COURT. [Ch. 14 ch. 177, sec. 9.] It shall be. the duty of the matron or su- perintendent of the detention home to keep a complete record of all inmates of the home, including age, sex, time of ad- mission, and time of discharge, conduct and character, state of health at time of admission and dismissal, and shall make a, monthly report to the judge of the Juvenile court on a blank provided for the same. Sec. 291. Tax Levied for Detention Home or Juvenile Farm; Salary of Matron or Superintendent. [Laws 1907, ch. 177, sec. 10.] For the support and maintenance of the detention home or juvenile farm, the county commissioners shall make an estimate of the cost and levy a tax, as in the case of pro- viding for other expenses of the county, and all expenses of the said detention home or juvenile farm shall be accorded as a part of the expenses of the said juvenile court of the said county. The salary of the matron or superintendent shall be fixed by the county commissioners, and warrants shall be drawn for the payment of said salary and all other bills regu- larly allowed by the said commissioners on account of said expenses for the maintenance of said detention home or juve- nile farm. Sec. 292. Annual Report of Judge of Juvenile Court. [Laws 1907, ch. 177, sec. 11.] That the judge of the juvenile court shall make an annual report on the 1st day of July to the governor of the state, which shall be complete history of the proceedings of the court for the preceding year ; that the said report shall contain statistics of the number of cases, the na- ture of the cases, and the disposition of the same. It shall also contain a financial statement of the court, including all expenses, expenditures made, and fines collected. Sec. 293. Jurisdiction After the Age of Sixteen. [Laws 1907, ch. 177, sec. 12.] When any offender before the age of six- teen has been brought before the judge of the juvenile court, the jurisdiction of said court over said offender shall not ex- pire on account of the child's arriving at the age of sixteen, but said offender shall continue in the charge of said court until he is finally discharged by the same. Sec. 294. Compensation in Counties Having a Population of Over 25, 000. [Laws 1907, ch. 177, sec. 13.] In counties hav- ing iwenty-five thousand people or over, the probation officer who is appointed for said county shall receive compensation not to exceed three dollars a day for time of actual service. Sec. 295. Jurisdiction. [Laws 1907, ch. 177, sec. 14.] The juvenile court shall have jurisdiction over all dependent chil- dren under sixteen years of age. All applications for the CH. 14] JUVENILE COURT. 107 admission of children to the Soldiers' Orphans' Home shall be made to the juvenile court of the county of which any child is a resident. Sec. 296. Police and Sheriff Entitled to Witness Fees. [Laws 1907, ch. 177, sec. 15.] When the police of any city or the sheriff of any county in the state of Kansas shall appear be- fore the judge of the juvenile court to make complaint of, to report on or to testify on account of dependent, defective or delinquent children, they shall receive ordinary witness fees for such services. Sec. 297. Blanks, [Laws 1907, ch. 177, sec. 16.] Blanks shall be used by the juvenile court in the several counties in Kansas which shall be furnished by the State Board of Con- trol. 108 KINDERGARTENS. [CH. 15 CHAPTER XV.— Kindergartens. § 298. Free kindergartens. Section 298. Free Kindergartens. [Laws 1907, ch. 325, sec. 1.] That the school [board] of any school district^*** in the state shall have power to establish and maintain free kin- dergartens in connection with the public schools of said dis- trict, for the instruction of children between four and six years of age residing in said district, and shall establish such courses of training, study and discipline and such rules and regulations governing such preparatory or kindergarten schools as said board may deem best : Provided, That nothing in this act shall be construed to change the law relating to the taking of the census of the school population or the apportion- ment of state and county school funds among the several counties and districts in this state : Provided further^ That the cost of establishing and maintaining such kindergartens shall be paid from the school fund of said districts, and the said kindergartens shall be a part of the public-school system, and governed, as far as practicable, in the same manner and by the same officers as provided by law for the government of the other public school [s] of the state : Provided further, That no person shall be employed as a teacher in such kin- dergarten schools who has not passed a satisfactory examina- tion in such subjects as the State Board of Education shall require. The State Board of Education shall adopt rules governing the examination of kindergarten teaichers and shall furnish county superintendents with examination ques- tion [s], and the examination shall beheld in the manner provided by law for the examination of teachers in the public schools : Provided further, That any person who shall com- plete the course of training for kindergarten teachers at the State Normal School or its auxiliaries shall be entitled to teach in the kindergarten schools of this state without examination. 164. Kindergartens may also be established in cities of the first and sec- ond class. CH. 16] TRAVELING LIBRARIES. 109 CHAPTER XVI. — Kansas State Traveling Libraries AND Aplington Art Gallery. § 299. Management of library. I § 301. Management of grallery. 300. Aplington art gallery. I Section 299. Management of Library. [6809.] That the Kansas Traveling Libraries Commission shall have the man- agement of the traveling library department of the state library, shall make such rules for the government of such de- partment and the use of the books and other property thereof as they may deem necessary, and, under such regulations as they may prescribe, they may send out temporarily from the miscellaneous department of the state library such books (not including reference books or other books inappropriate for such purposes) as may be designated for that purpose by the directors of the state library and any books specially given to or bought for such traveling libraries to any library in the state, or to any community or organization not yet having an established library but which has conformed to the conditions of said regulations of said commission ; and such books, when so sent out to such library, community, or organization, shall be there kept for the use of the public, subject to such reason- able regulations with reference thereto as may be adopted by said commission. And said commission shall from time to time so send out and distribute such books throughout the state, and at suitable intervals change such distribution, in such manner as to secure to the greatest practicable degree the use and enjoyment of such books to the people of the entire state. Said commission shall be entitled to receive the assistance of the assistant librarian of the state library who is in charge of the miscellaneous department of the state library. (Laws 1899, ch. 163, sees. 3 and 4.) Sec. 300. Aplington Art Gallery. [Laws 1907, ch. 885, sec. 1.] That the state of Kansas accepts the proffer made by the Kansas Federation of Women's Clubs, and takes the collec- tion of carbon photographic reproductions of the world's famous paintings for circulation amongst and for the use of the people of the state : Provided, That the collection shall be marked and known as "the Aplington art gallery." Sec. 301. Management of Gallery. [Laws 1907, ch. 385, sec. 2.] That the Aplington art gallery is hereby constituted a part of the Kansas traveling libraries, and is placed under 110 TRAVELING LIBRARIES. [CH. 16 the direction and control of the Kansas Traveling Libraries Commission, with the same powers/duties and restrictions as are provided for the care, circulation and distribution of books belonging to the Kansas traveling libraries by chapter 163, Laws of 1899. Ch. 17] LEVIES. Ill CHAPTER XVII.— Levies. §302. Levy, county high schools. 303. Levy, " Barnes " high schools. 304. Levy, cities of first class. 305. Levy, cities of second class. 306. Levy, school districts. § 307. Levies, general limitation. 308. Levies, exceptions to limitations. 309. Increasing the levy. 310. County clerk, excessive levies. 311. Penalty, officers. Section 302. Levy, County High Schools. [Laws 1909, ch. 245, sec. 14.] For the purpose of maintaining the county- high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed five-tenths of one mill on the assessed valuation of the county. Sec. 303. Levy, ''Barnes" High Schools. [Laws 1909, ch. 245, sec. 15.] The authority of the board of county com- missioners of each county, as provided in chapter 397 of the Session Laws of 1905, to levy annually a tax by means of which to raise the necessary funds for the support of the high schools provided for by said chapter 397 of the Laws of 1905, is hereby limited so that the said board shall not levy in ex- cess of five-tenths of one mill upon the dollar upon all taxable property. Sec. 304. Levy, Cities of First Class. [Laws 1909, ch. 245, sec. 22.] The authority of boards of education in cities of the first class to levy taxes, as provided in chapter 330, Laws of 1907, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the respective purposes in excess of the following-named rates : For the support of the schools of the city, including building and re- pairs of school buildings in all cities of 40,000 population or under, the rate of levy shall not exceed six mills ; for the support of the schools in all cities having a population of over 40,000, the rate of levy shall not exceed five mills ; for build- ing purposes and repairs of school buildings in all cities having a population of over 40,000, the rate of levy shall not exceed one mill. Sec. 305. Levy, Cities of Second Class. [Laws 1909, ch, 245, sec. 23.] The authority of boards of education in cities of the second class to levy taxes as provided in chapter 399, Laws of 1905, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the support of the schools of the city in excess of six mills. Sec. 306. Levy, School Districts. [Laws 1909, ch. 245, sec. 24.] The authority of the qualified voters of any school district at the annual meeting, as provided in chapter 318, 112 LEVIES [CH. 17 Laws of 1907, to vote a tax for general school purposes is hereby limited to the extent that no tax shall be voted for such purpose at any such meeting which shall be in excess of three and one-half mills upon the dollar of all the taxable property of any such school district : Provided, That in no event shall any school district levy any greater tax than is reasonably necessary for the ensuing school year.^^^ Sec 307. Levies, Gerteral Limitation. [Laws 1909, ch. 245, sec. 25.] All levies authorized in any taxing district by statute, and which arenotexpressly limited herein, are hereby limited so that no such levy shall be made in excess of twenty- five per cent, of the rates so authorized. Skc. 308. Levies, Exceptions to Limitations. [Laws 1909, ch. 245, sec. 26.] No limitation imposed by this act shall in any wise apply to or in any way limit any levy which is au- thorized by statute for the purpose of creating sinking- and interest-funds necessary to liquidate at maturity the princi- pal and interest of any indebtedness authorized by law ; nor shall any provision of this act apply to or in any way limit special taxes levied by ordinance in any city. And nothing in this act shall be construed to limit the levy provided by any special act heretofore passed for the construction of roads, and under which any county is now operating. Sec. 309. Increasing the Levy. [Laws 1909, ch. 245, sec. 27.] If any board of levy, or any oflBcer that is charged with the duty of levying tax in any taxing district, shall be of the opinion that the amount of tax limited by this act will be insufficient for the needs of such taxing district for the cur- rent year, the question of an increased levy may be submitted to the voters of such taxing district at a general election or at a special election called for the purpose in the manner pro- vided by law for calling special elections in such taxing dis- trict : Provided, That under the provisions of this section a vote may be had upon the question of an increased levy at the annual meeting of any school district. If any such question of increasing the levy shall be submitted at any election or meet- ing as above set forth, due notice thereof shall be given for at least thirty days in advance of such election or meeting by publication in the official county paper for all taxing districts, except school districts ; but in school districts by posting a notice in the manner provided by law for other elections or meetings ; said notice shall also give the proposed increase in the levy. If three-fourths of the votes cast at any such elec- tion shall be in favor of the increased levy, as named in said 165. The school district meeting is the judge as to the tax that is reason- ably necessary, and not the county clerk or the county commissioners. Ch. 17] LEVIES. 113 election notice, then the officers charged with levying taxes may make such increased levy for the year voted upon, and thereafter the limitation of this act shall apply, unless an in- creased levy for a particular year shall be voted at another election in like manner. Sec. 310. . County Cierk; Excessive Levies. [Laws 1909, ch. 245, sec, 28.] Any levy which may be certified to the county clerk in excess of the limitations placed by this act shall be unlawful, and in any such case it shall be unlawful for the county clerk of any county within the state to enter upon the tax-roll of the county any such excessive levy ; and in case of any such excess in any levy it is hereby made the duty of the county clerk and he is hereby required to reduce such levy and to extend upon the tax-roll only such a part thereof as will comply with the provisions of this act. Sec. 311. Penalty; Officers. [Laws 1909, ch. 249, sec. 29.] Any officer of any taxing district or any county clerk who shall violate any provision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars and shall also be subject to removal from office by a civil action. -4* 114 LIBRARIES — SCHOOL DISTRICT. [CH. 18 CHAPTER XVIII.— Libraries, School District. § 312. School districts may vote a tax not to ex- I § 314. Librarian to be appointed by district ceed two mills for district library. board. 313. The money so collected shall bo used for no other purpose. I Section 312. Library Fund. [6252.] That the several school districts of the state may, at the annual meeting in each year, vote a tax^^® upon all the taxable property of the district, not to exceed two mills^^^ on the dollar, which tax shall be certi- fied by the district clerk to the county clerk, at the same time and manner as other school-district taxes are certified ; and the county clerk shall place the same on the tax-roll of the county in a separate column, designating the purpose for which such tax was levied ; and said tax shall be collected and paid over to the treasurer of said district in all respects as other school-district taxes are collected and paid : Pro- vided, however, That in the districts where the taxable property of the district is more than $20,000 and not more than $30,000, there shall not be levied more than one and one-half mills^®'^ on the dollar ; and where the taxable prop- erty is more than $30,000 and not more than $50,000, there shall not be levied more than one milP**^ on the dollar ; and in all cases where the taxable property of the district shall exceed $50,000, there shall not be levied more than oue-half milP'' on the dollar. (Laws 1876, ch. 122, art. 8, sec. 1.) Sec. 313. How Used. [6253.] The money so collected shall be used under the direction of the board, of directors for the purchasing of a school-district library, and for no other purpose ; and the district board, in the purchase of books, shall be confined to works of history, biography, science, and travels. (Laws 1876, ch. 122, art. 8, sec. 2.) Sec. 314. Librarian; Rules. [6254.] The district clerk shall be the librarian, unless the board of directors shall ap- point some other competent and suitable person, who shall reside in the district, to perform the duties of that office ; and the board shall have power to make such rules and regula- tions in regard to the management of said library as they shall deem best, and they shall revise and change said rules from time to time as the necessities of the case may require. (Laws 1876, ch. 122, art. 8, sec. 3.) 166. The library tax is an additional levy. 167. Limited to twenty-five per cent, of the above amounts by Laws 1909, ch. 245, sec. 25 (section 307 of this book). Ch. 19] NORMAL INSTITUTES. 115. CHAPTER XIX. -Normal Institutes. §315. 316. 317. 318. 319. Normal institutes to be held annually. Conductors and instructors; certificate of special qualifications required. Normal-institute fund, how raised; each candidate for a teacher's certificate shall pay a fee of one dollar. County treasurer custodian of funds. County superintendent shall transmit funds to county treasurer. §320. State superintendent of public instruc- tion shall certify to state auditor the inumber of persons enrolled in each _ institute; auditor shall issue order on ^^ state treasurer for fifty dollars. 321. Institute fund, how disbursed. 322. Union institutes, how formed; custodian of fund. Section 315. Normal Institutes. [6225.] The county su- perintendents of public instruction shall hold annually, in their respective counties, for a term of not less than four weeks, a normal institute for the instruction of teachers and those desiring to teach : Provided, That in the sparsely settled portions of the state, two or more counties may be united in holding one normal institute, as hereinafter provided. (Laws 1877, ch. 136, sec. 1.) Sec. 316. Conductor and Instructors. [6226.] The county superintendent of public instruction, with the advice and consent of the state superintendent of public instruction, shall determine the time and place of holding such normal insti- tutes, and shall select a conductor and instructors for the same : Provided, That no person shall be paid from the insti- tute funds ^®^ for services as conductor or instructor of said institutes who has not received a certificate^®^ from the state board of examiners as to his special qualifications™ for that work.i^^ (Laws 1877, ch. 136, sec. 2.) Sec. 317. Normal-institute Fund. [6227.] To defray the expenses of said institute, the county superintendent shall require the payment of a fee of one dollar from each candi- date for a teacher's certificate/^^ and the payment of one dol- lar registration fee for each person attending the normal 168. The law does not forbid the county superintendent to permit a per- son who has not been authorized by the State Board of Education to instruct in his institute, but he cannot pay for said services from the public funds. 169. Holders of limited or special institute certificates must confine their instruction to the branches named in said limited certificate. 170. It is contrary to public policy for uncertified persons to instruct in a normal institute. 171. The county superintendent can conduct or instruct in his own insti- tute without a certificate, but he cannot legally draw pay for such service. 172. The county superintendent must require the payment of a fee of one dollar from each candidate for a teacher's certificate. This fee should also be charged for temporary certificates and for the renewal of profes- sional certificates. This fee should be collected in advance, and it cannot be returned to the unsuccessful applicant. 116 NORMAL INSTITUTES. [CH. 19 institute ; and the board of county commissioners shall ap- propriate such sum as the county superintendent may deem necessary, for the further support of such institutes ■}''^ Pro- vided, Such appropriation does not in any one year exceed the sum of $100. (Laws 1901, ch. 267, sec. 1.) Sec. 318. Custodian. [6228.] The fund thus created shall be designated the "normal-institute fund," and the county treasurer shall be the custodian of said fund. (Laws 1877, ch. 136, sec. 4.) Sec. 319. Monthly Reports. [6229.] The county superin- tendent shall, monthly, and at the close of each institute, transmit to the county treasurer all moneys received by him, as provided in section 3,^^* together with the name of each person so contributing, and the amount ; and the county treas- urer shall place all such moneys to the credit of the "normal- institute fund." (Laws 1877, ch. 136, sec. 5.) Sec. 320. State Aid. [6230.] It shall be the duty of the state superintendent of public instruction, annually, when thirty-five persons have registered for that year as members of any normal institute organized under the provisions of this act and have paid the required registration fee, to cer- tify the same to the auditor of state, who shall forward to the county treasurer of said county an order on the treasurer of the state for the sum of fifty dollars, to be paid out of any money appropriated for that purpose ; which amount the county treasurer shall place to the credit of the "normal-insti- tute fund." (Laws 1901, ch. 267, sec. 2.) Sec. 321. Dtshursements . [6231.] All disbursements of the " normal-institute fund " shall be upon the order of the county superintendent, and no orders shall be drawn on said fund except for claims approved by the county superintendent, for services rendered or expenses incurred in connection with the normal institutes."^ (Laws 1877, ch. 136, sec. 7.) Sec. 322. Union Institute-^. [6232.] Two or more counties, each having less than 3000 inhabitants, may be united in holding one normal institute, with the consent and by the di- rection of the state superintendent of public instruction : Pro- vided, That the several county superintendents of the counties thus uniting shall choose one of their number to act for them 173. The board of county commissioners are required by law to make this appropriation. 174. Section 317 of this book. 175. It is unlawful for the county treasurer to pay an order on the "normal-institute fund" drawn "for services rendered," in favor of any person not holding the certificate of the State Board of Education for insti- tute work. Ch. 19] NORMAL INSTITUTES. 117 in determining the time and place of holding the normal institute, and in selecting a conductor and instructors for the same, as provided in section 2 :^'* And provided, That the per- son thus chosen shall draw all orders upon the "normal-insti- tute fund," as provided in section 7 :^" And provided, That the treasurer of the county in which such normal institute is held shall be the custodian of the "normal-institute fund," to whom the state and county appropriations for the benefit of the normal institute shall be transmitted, and to whom the several county superintendents of the counties thus uniting shall transmit the fees collected, as provided in section 3.^^^ (Laws 1877, ch. 136, sec. 9.) 176. Section 316 of this book. 177. Section 321 of this book. 178. Section 318 of this book. 118 NORMAL TRAINING. [CH. 20 CHAPTER XX.— Normal Training. §326. Examination; certificates. 327. Acadamies eligible. 328. Appropriation. § 823. Normal courses in high schools. 324. State aid. 325. Rules and regulations by State Board of Education. Section 323. Normal Course.