G«rJ(ovt^du5 > iLa.A.^^ , (^JU>X^Si<^ _ jiXc- SCHOOL LAWS 0/" THE State of Colorado U. S. A. IncluOi. , Among Other Things, Provisions of the Act of Conr- "ss Granting Lands to the State for Educational Pi t OSes, and Parts of the Constitution Concerning Educational Institutions. KATHERINE M. COOK State Superintendent of Public Instruction 1909-1910 1909 THE SMITH-BROOKS COMPANY, STATE PRINTERS DENVER, COLORADO v-^ STATE OF COLORADO DEPARTMENT OF PUBLIC INSTRUCTION This compilation of the School Laws is made in compliance with the statute, which provides that the state superintendent "shall have the laws relating to public schools printed in pam- phlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and state libraries with a copy each." This work embraces the statutes now in force, including those passed by the legislature of 1909; all the provisions of the Enabling Act, Constitution of the State, and Federal Statutes pertaining to public schools. The sections have been rearranged and numbered according to the Revised Statutes of Colorado. In order to obviate the difficulties which have arisen from the conflicting statements relating to Union and County High Schools, the laws applicable thereto have been arranged under separate headings. Superintendent of Public Instruction. Denver^ Colorado^ September 25, 1909. TABLE OF CONTENTS. Page Appeals 102 Appendix 109 Compulsory Education 14 Constitution 5 County Government 24 County High School 81, 84 County and Union High Schools 84 County School Tax 44 County Superintendent 39 Crimes 24 Delinquent Children 23 District Bonds 69, 88 Duties of County Treasurer 47 Duties of Officers 65 Elections 27, 58 Enabling Act 4 Federal Statutes 4 Fees and Salaries 27 Flags 28 Holidays . . = 29 Justices and Constables 31 Miscellaneous 104 Mute and Blind 32 Powers and Duties of Officers and Directors 60, 85 Public Contracts .......,, 32 Public Health 33 Eefunding Bonds . 76 School Districts ... .^ 50 School Funds 42 School Government 55 Special District Meetings 77 Special Funds 46 State Board of Education 33 State Normal Schools 106 State Superintendent , 36 Teachers 95 Teachers' Institutes 100 Truant Schools 92 Union High Schools 78, 84 Union and Countv Hiffh Schools 84 THE ENABLING ACT. Act of Congress, March 3, 1875. 7. Lands for schools. The sections numbered sixteen and thirty-six in every town- ship, and where such sections have been sold or otherwise dis- posed of by any act of congress, other lands equivalent thereto in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said state for the support of common schools. 10. Seventy-two sections for university. That, seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected and approved in manner as aforesaid, and to be appro- priated and applied as the legislature of said state may prescribe for the purpose named and for no other purpose. 14. School lands — how sold — price. That the two sections of land in each township herein granted for the support of common schools, shall be disposed of only at public sale, and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school fund, the interest of which is to be expended in the sup- port of common schools. 15. Mineral lands excepted. That all mineral lands shall be excepted from the operation and grants of this act. FINES UNDER FEDERAL STATUTES. Sec. 52. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. [Federal Criminal Code. Sec. 53. Whoever shall build a fire in or near any forest tim- ber, or other inflammable material upon the public domain shall, before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year or both. [Federal Criminal Code. Sec. 54. In all cases arising under the two preceding sections the fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated. [Federal Criminal Code. CONSTITUTION OF COLORADO, 1876. ARTICLE IV. EXECUTIVE DEPARTMENT. 1. Term of office — residence — duties — seat of government. The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor of state, state treasurer, attorney-general, and superintendent of public instruc- tion, each of whom shall hold his office for the term of two years, beginning on the second Tuesday of January next after his election; * * * The officers of the executive department, except the lieutenant-governor, shall, during their term of office, reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this constitution or by law. 4. Eligibility — first election — thereafter — age — residence. No person shall be eligible to the office of governor, lieuten- ant-governor, or superintendent of public instruction, unless he shall have attained the age of thirty years. * * * no person shall be eligible to any one of said offices, unless, in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States, and have resided within the limits of the state two years next preceding his election. 6. Governor appoint officers — vacancy — election — senate confirms. * * * If the office of auditor of state, state treasurer, secretary of state, attorney-general, or superintendent of public instruction, shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appoint- ment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. * * * 20. Superintendent of public instruction, ex officio librarian. The superintendent of public instruction shall be ex officio state librarian. 6 SCHOOL LAWS OF ARTICLE VII. SUFFRAGE AND ELECTIONS. 1. Citizenship. Every person over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections : He or she shall be a citizen of the United States, and shall have resided in the state twelve months immediately pre- ceding the election at which he offers to vote, and in the county, city, town, ward or precinct, such time as may be prescribed by law. 4. Absence in civil or military service. For the purpose of voting and eligibility to office, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the state, or of the United States, nor while a student at any institution of learning, nor while kept at public expense in any poorhouse or other asylum, nor while con- fined in public prison. 5. Privilege of voters. Voters shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. 6. Electors only eligible to office. No person except a qualified elector shall be elected or ap pointed to any civil or military office in the state. 10. Prisoners disqualified — restoration — pardon or full service. No person while confined in any public prison shall be entitled to vote; but every such person who was a qualified elector prior to such imprisonment, and who is released there- from by .virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall, without further action, be invested with all the rights of citizenship, except as otherwise provided in this constitution. THE STATE OF COLORADO. 7 ARTICLE VIII. STATE INSTITUTIONS. 1. Charitable institutions established. Educatioiial, reformatory and penal institutions, and those for the benefit of the insane, blind, deaf and mute, and such other institutions as the public good may require, shall be established and supjjorted by the state, in such manner as may be prescribed by law. 5. Territorial institutions become state — transfer. The following territorial institutions, to-wit: The Uni- versity at Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, the Institute for the Education of Mutes at Colorado Springs, shall, upon the adoption of this con- stitution, become institutions of the state of Colorado, and the management thereof subject to the control of the state, under such laws and regulations as the general assembly shall provide; and the location of said institutions, as well as all gifts, grants and appropriations of money and property, real and personal, heretofore made to said several institutions, are hereby confirmed to the use and benefit of the same respectively; Provided, This section shall not apply to any institution, the property, real or personal, of which is now vested in the trustees thereof, until such property be transferred by proper conveyance, together with the control thereof, to the officers provided for the management of said institution by this constitution, or by law. ARTICLE IX. EDUCATION. 1. Board of education — members — president. The general supervision of the public schools of the state shall be vested in a board of education, whose powers and duties shall be prescribed by law; the superintendent of public instruc- tion, the secretary of state and attorney-general shall constitute the board, of which the superintendent of public instruction shall be president. 2. Free schools — one in each district— three months. The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uhi- 8 SCHOOL LAWS OF form system of free public schools throughout the state, wherein all residents of the state between the ages of six and twenty-one years may be educated gratuitously. One or more public schools shall be maintained in each school district within the state, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. 3. School fund inviolate — state treasurer custodian. The public school fund of the state shall forever remain inviolate and intact; the interest thereon shall only be ex- pended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such nianner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred to any other fund, or used or appropriated except as herein pro- vided. The state treasurer shall be the custodian of this fund, and the same shall be securely and profitably invested as may be by law directed. The state shall supply all losses thereof that may in any manner occur. 4. County treasurer collect and disburse — warrants. Each county treasurer shall collect all school funds belong ing to his county, and the several school districts therein, and disburse the same to the proper districts upon warrants drawn by the county superintendent or by the proper district authori- ties, as may be provided by law. 5. School fund — of what consists. The public school fund of the state shall consist of the pro- ceeds of such lands as have heretofore been, or may hereafter be, granted to the state by the general government for educational purposes; all estates that may escheat to the state; also all other grants, gifts or devises that may be made to this state for educa- tional purposes. 6. County superintendent-^commissioner of lands. There shall be a county superintendent of schools in each c(mnty, whose term of office shall be two years, and whose duties, qualifications and compensation shall be prescribed by law. He shall be ex officio commissioner of lands within his county, and shall discharge the duties of said office under the direction of the state board of land commissioners, as directed by law. THE STATE OF COLORADO. y 7. Aid to sectarian schools, churches forbidden. Neither the general assembly, nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sus- tain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sec- tarian denomination whatsoever; nor shall any grant or dona- tion of land, money, or other personal property, ever be made by the state, or any such public corporation, to a.nj church, or for any sectarian purpose. 8. Religious test forbidden — sectarian tenets — race, color. No religious test or qualification shall ever be required of any person as a condition of admission into any public educa- tional institution of the state, either as teacher or student; and no teacher or student of any such institution shall ever be re- quired to attend or participate in any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. 9. Board of land commissioners — members — powers. The governor, superintendent of public instruction, secretary of state and attorney-general shall constitute the state board of land commissioners, who shall have the direction, control and disposition of the public lands of the state, under such regula- tions as may be prescribed by law. 10i Public lands — location — sale — disposal. It shall be the duty of the state board of land commissioners to provide for the location, protection, sale or other disposition of all the lands heretofore, or which may hereafter, be granted to the state by the general government, under such regulations as may be prescribed by law; and in such manner as will secure the maximum possible amount therefor. No law shall ever be passed by the general assembly granting any privileges to persons who may have settled upon any such public lands subsequent to the survey thereof by the general government, by which the amount to be derived by the sale, or other disposition, of such lands, shall be diminished, dire'ctly or indirectly. The general assembly shall, at the earliest practicable period, provide by law that the several grants of land made by congress to the state shall be judiciously 10 SCHOOL LAWS OP located and carefully preserved and held in trust, subject to dis- posal, for the use and benefit of the respective objects for which said grants of land were made; and the general assembly shall provide for the sale of said lands from time to time; and for the faithful application of the proceeds thereof in accordance with the terms of said grant. 11. Compulsory education. The general assembly may require, by law, that every child of sulficient mental and physical ability, shall attend the public school, during the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means. 12. University — regents — election. There shall be elected by the qualified electors of the state, at the first general election under this constitution, six regents of the university, who shall immediately after their elec- tion be so classified, by lot, that two shall hold their office for the term of two years, two for four years, and two for six years; and every two years after the first election there shall be elected two regents of the university, whose term of office shall be six years. The regents thus elected, and their successors, shall con- stitute a body corporate, to be known by the name and style of "The Regents of the University of Colorado." 13. Regents elect president — powers. The regents of the university shall, at their first meeting, or as soon thereafter as practicable, elect a president of the univer- sity, who shall hold his office until removed by the board of regents for cause; he shall be ex officio a member of the board, with the privilege of speaking, but not of voting, except in cases of a tie ; he shall preside at the meetings of the board, and be the principal executive officer of the university, and a member of the faculty thereof. 14. Regents control university — funds. The board of regents shall have the general supervision of the university, and the exclusive control and direction of all funds of, and appropriations to the university. 15. School districts — board of education. The general assembly shall, by law, provide for organization of school districts of convenient size, in each of which shall lie THE STATE OF COLORADO. 11 established a board of education, to consist of three or more directors, to be elected by the qualified electors of the , district. Said directors shall have control of instruction in the public schools of their respective districts. ' 16. Text books-«-general assembly nor board shall prescribe. Neither the general assembly nor the state board of educa- tion shall have power to prescribe text books to be used in the public schools. ARTICLE X. REVENUE. 5. Exemption — lots — buildings for worship — schools. Lots, with the buildings thereon, if said buildings are used solely and exclusively for religious worship, for schools, or for strictly charitable purposes, also cemeteries not used or held for private or corporate profit, shall be exempt from taxation, unless otherwise provided by general law. 10. Corporations subject to tax. All corporations in the state, or doing business therein, shall be subject to taxation for state, county, school, municipal and other purposes, on the real and personal property owned or used by them within the territorial limits of the authority levying the tax. 13. Making profit on public money felony. The making of profit, directly or indirectly, out of state, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. ARTICLE XI. PUBLIC INDEBTEDNESS. 1. Lending or pledging credit of state, county, city, etc., forbidden. Neither the state, nor any county, city, town, township or school district, shall lend or pledge the credit or faith thereof, directly or indirectly, in any manner to or in aid of, any person. 12 SCHOOL LAWS OF company or corporation, public or private, for any amount or for any purpose whatever, or become responsible for any debt, con- tract or liability of any person, company or corporation, public (»r private, in or out of the state. 2. Aid to corporations — interest in — by state, county, city — joint owner- ship. Neither the state nor any county, city, town, township or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in, any corporation or company, or a joint owner with any person, company or corpora- tion, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat or by for- feiture, by operation or provision of law; and except as to such ownership as may accrue to the state, or to any county, city, town, township or school district, or to either or any of them, jointly with any person, company or corporation, by forfeiture or sale of real estate, for non-payment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties or forfeiture of recogni- zance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested, 7. Loans for sciiool buildings — vote — qualification. No debt by loan in any form shall be contracted by any school district for the purpose of erecting and furnishing school buildings, or purchasing grounds, unless the proposition to create such debt shall first be submitted to such qualified elec- tors of the district as shall have paid a school tax therein, in the year next preceding such election, and a majority of those voting thereon shall vote in favor of incurring such debt 9. This article not affect prior obligations. Nothing contained in this article shall be so construed as to either impair or add to the obligation of any debt heretofore contracted by any county, city, town, or school district, in accordance with the laws of Colorado territory, or prevent the "contracting of any debt, or the issuing of bonds therefor, in accordance with said laws, upon any proposition for that pur- pose which may have been, according to said laws, submitted to a vote of the qualified electors of any county, city, town or school district, before the day on which this constitution takes effect. THE STATE OP COLORADO. 13 ARTICLE XIL OFFICERS. 8. Civil officers — oath. Every civil ofiflcer, except members of the general assembly and such inferior officers as may be by law exempted, 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 Colorado, and to faithfully perform the duties of the office upon which he is about to enter. 9. Oaths, where filed — with whom. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected. 10. Refusal to qualify — vacancy. ' If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant. 11. Vacancy — term of officer elected to fill. The term of office of any officer elected to fill a vacancy shall terminate at the expiration of the term during which the vacancy occurred. ARTICLE XIV. COUNTIES. 8. Clerk and recorder — sheriff, coroner, treasurer, etc.— election. There shall be elected in each county at the same time at which members of the general assembly are elected, commenc- ing in the year nineteen hundred and four, one county clerk, who shall be ex officio recorder of deeds and clerk of the board of county commissioners; one sheriff; one coroner; one treas- urer, who shall be collector of taxes; one county superintendent of schools; one county surveyor; one county assessor; and one county attorney, who may be elected, or appointed, as shall be provided by law; and such officers shall be paid such salary or 14 SCHOOL LAWS OF compensation, either from the fees, perquisites and emoluments of their respective offices, or from the general county fund, as may be provided by law. The term of oflSce of all such officials that expire in January, 1904, is hereby extended to the second Tuesday in January, A. D. 1905, 9. Vacancies — appointments — governor — county commissioners. In case of a vacancy occurring in the office of county com- missioner, the governor shall fill the same by appointment; and in the case of a vacancy in any other county office, or in any precinct office, the board of county commissioners shall fill the same by appointnaent ; and the person appointed shall hold the office until the next general election, or until the vacancy be filled by election according to law, 10. Elector only eligible. No person shall be eligible to any county office unless he be a qualified elector; nor unless he shall have resided in the county one year preceding his election. 15. Classifying counties as to fees. For the purpose of providing for and regulating the com- pensation of county and precinct officers the general assembly shall by law classify the several counties of the state according to population, and shall grade and fix the compensation of the officers within the respective classes according to the population thereof. Such law shall establish scales of fees to be charged and collected by such of the county and precinct officers as may be designated therein for services to be performed by them respectively; and where salaries are provided, the same shall be payable only out of the fees actually collected in all cases where fees are prescribed. All fees, perquisites and emolu- ments above the amount of such salaries shall be paid into the county treasury, COMPULSORY EDUCATION. 530. Education of children — hearing on application for exemptions — ap- peals. That in all school districts of this state, all parents, guardians and other persons having care of children shall instruct them, or cause them to be instructed, in reading, writ- ing, spelling, English grammar, geography and arithmetic. In such districts, every parent, guardian or other person having charge of any child between the ages of eight (8) and sixteen THE STATE OF COLORADO. 15 16) years, shall send such child to a public, private or parochial school for the entire school year during which the public schools are in session in such districts; Provided, hoioever. That this act shall not apply to children over fourteen (14) years of age vrhere such child shall have completed the eighth grade, or may be eligible to enter any high school in such district, or where its help is necessary for its own or its parents' support, 01* where for good cause shown it would be for the best inter- ests of such child to be relieved from the provisions of this act; Provided, further, That if such child is being sufficiently in- structed at home by a person qualified, such child shall not be subject to the provisions of this act; And provided, further, That if a reputable physician within the district shall certify in writing that the child's bodily or mental condition does not permit its attendance at school, such child shall be exempt during such period of disability from the requirements of this fict. It shall be the duty of the superintendent of the school district, if there be such superintendent, and, if not, then the county superintendent of schools, to hear and determine all applications of children desiring for any of the causes men- tioned herein to be exempted from the provisions of this act, and if upon such application such superintendent hearing the same shall be of the opinion that such child is for any reason entitled to be exempted as aforesaid, then such superintendent shall issue a written permit to such child, stating therein his reasons for such exemption. An appeal may be taken from the decision of such superintendent so passing upon such appli- cation to the county court of the county in which such district lies, upon such child making such application and filing the same with the clerk or judge of said court within ten days after its refusal by such superintendent, for which no fee to exceed the sum of one dollar shall be charged, and the decision of the county court shall be final. An application for release from the provisions of this act shall not be renewed oftener than- once in three months, 531. Employment of children under the age of fourteen. No child under the age of 14 years shall be employed by any person, persons, company or corporations during the school term and while the public schools are in session, unless the parent, guardian or person in charge of such child shall have fully complied with section one of this act. Every such employer shall require proof of such compliance, and shall make and keep a written record of the proof given, which shall be subject to the inspe( tion of the truant officer, superintendent 16 SCHOOL LAWS OF of schools, or any school director of the district. Any employer employing any child contrary to the provisions of this section, shall be fined not less than twenty-five nor more than one hun- dred dollars. [Section 1 referred to is section 530.] 532. Illiterate children between the ages of fourteen and sixteen attend school. All minors over the age of 14 years and under the age of 16 years who can not read and write the English lan- guage, shall attend school at least one-half day of each day, or attend a public night school, or take regular private instruc- tion from some person qualified, in the opinion of the county superintendent of schools, in which such district or the greater portion of the same lies, until such minor obtains a certificate from such superintendent that he or she can read at sight and write legibly, simple sentences in English. Every employer employing or having in employment any such minor shall exact as a condition of employment the school attendance or instruction required by this section, and shall on request of the truant officer, furnish the evidence that such minor is com- plying with the requirements of this section. Every employer failing to comply with the requirements of this section as to any minor employed by him or in his employ, shall be fined not less than twenty-five dollars, and not more than one hundred dollars; Provided, That any employer with the approval or consent of the county superintendent of schools may make provision for the private instruction of minors in his employ. 533. Juvenile disorderly person. Every child within the provisions of this act who does not attend school, as provided in section 1 of this act, or who is in attendance at any public, private or parochial school, and is vicious, incorrigible or immoral in conduct, or who is an' habitual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment, or who habitually wanders about the streets in the night time, having no employment or lawful occupation, shall be deemed a juvenile disorderly per- son, and be subject to the provisions of this act. [Section 1 referred to is section 530.] 534. Truant officer — compensation — powers — duties. To aid in the enforcement of this act, the board of school directors in districts of the first and second class shall THE STATE OF COLORADO. 17 have power, and it shall be their duty, to appoint one or more truant officers whose compensation shall be fixed by the board appointing him. The truant officer shall be vested with police powers, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, in ^the way of investigation or otherwise, to enforce this act. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation who shall violate any of the provisions of this act, and shall otherwise discharge the provisions of this act and perform such other services as the county superintendent of schools or the board of directors of the school district may deem necessary to pre- serve the morals and secure the good conduct of school chil dren, and to enforce this act. The truant officer shall keep a record of his transactions for the inspection of the county superintendent of schools and of the directors of the school district, and suitable blanks shall be provided for his use by the secretary of the school district. 535. Truant officer warn guardian of truancy — failure of guardian to com- pel attendance — penalty. The truant officer shall examine into any case of truancy within his district, and shall warn the parent, guardian, or others in charge of the child of the final consequence of truancy ,if persisted in. When any child between the ages of eight and fourteen years, or any child between the ages oi fourteen and sixteen years, who can not read and write the English language, or is not engaged in some regular employ- ment, or any child between the age of fourteen years and six- teen years who has been discharged from employment to obtain instruction or schooling, is not attending school without lawful excuse and in violation of the provisions of this act, the truant officer shall notify the parent, guardian, or other person in charge, of the fact, and require such person to cause the child to attend some recognized school within five days from the date of the notice, and it shall be the duty of such person so to cause its attendance at some recognized school. Upon fail- ure to do so, the truant officer shall make complaint in the county court of the county in which such child lives, against the parent, guardian or other person having such child in charge, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor more than twenty dollars, or the court may, in its discretion, require the person so convicted to give a bond in the penal sum of |100, with sureties to the approval of the judge of such 18 SCHOOL LAWS OF court, conditioned that be or she will cause the child under his or her care to attend some recognized school within five days thereafter, and to remain at school during the term prescribed by law. And upon the failure or refusal of the parent, guardian or other person to pay such fine or furnish such bond accord- ing to the order of the court, the said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. For violation of the bond, suit may be brought in any court of competent jurisdiction, in the name of the school district, and the amount recovered shall go to the school fund of the district. If the parent, guardian or other person shall prove his inability to cause the child to attend a recognized school, it shall be a defense, but the child shall be deemed a juvenile disorderly person within the mean- ing of section 4 of this act. [Section 4 referred to is section 533.] 4 536. Commitment of juvenile disorderly person — discharge. Whenever a child shall be a juvenile disorderly person within the meaning of this act, the truant offlcer, or any school teacher, or other reputable person, may make complaint in the county court of the county in which such child resides. The county court shall hear and determine such complaint, and if it is determined that such child is a juvenile disorderly per- son within the meaning of this act, he or she shall be com- mitted to a children's home, if eligible, or to the boys' indus- trial school or to the girls' industrial school, or to some other training school, taking into account the years of the child with reference to the institution selected. Any child committed to a children's home, on its being shown to the judge of said court that it is incorrigible and vicious, may be transferred to the industrial school or other proper institution. No child committed to any reformatory shall be detained beyond its majority, and may be discharged sooner or be paroled by the trustees or board of control under rules and restrictions appli- cable to other inmates. Any order of commitment may be suspended by the judge of the county court during such time as the child may regularly attend school and properly conduct itself. The expense of the transportation of the child to the juvenile reformatory, and of the costs of the case in which the order of commitment is made, shall be paid by the county from which the child is committed. 537. Truant officer report to charity authorities — child unable to attend school. When any truant officer is satisfied that any child within the requirements of this act is unable to attend THE STATE OF COLORADO. 19 school because required to work at home or elsewhere in order to support itself or help or support others legally entitled to its services, the truant officer shall report the case to the authorities charged with the relief of the poor, who shall there- upon afford such relief as will enable the child to attend school; Provided, Thai such child shall not be required to attend more than three hours a day during school days. In case the child or its parents or guardians neglect or refuse to take advantage of such provision made for its instruction, such child may be committed to a children's home or juvenile reformatory, as hereinbefore provided. 538. Fine for violation of act. Any person who violates any provision of this act, for which a penalty is not herein provided, shall be fined not more than fifty dollars. [This act comprises sections 530 to 540.] 539. Penalty for second violation. Every person who, after having been convicted once of violating any of the provisions of this act, shall be con- victed a second time of a similar offense, may, in addition to the punishment by way of fine elsewhere provided for, be im- prisoned not less than 10 days nor more than 30 days; Provided, That in all cases arising under this act in which a fine or imprisonment may be a part of the judgment, trial shall be by a jury if not waived. 540. When act does not apply. This shall not apply to school districts in which there are not sufficient accommodations in the public schools to seat children compelled to attend under the provisions of this act. 541. Unlawful to employ child during school hours — except. That it shall be unlawful . for any person, persons or corporation to employ any child under the age of fourteen years to labor in any business whatever during the school hours of any school day of the school term of the public school, in the school district where such child is, unless such child shall have attended some public or private day school where instruc- tion was given by a teacher qualified to instruct in those branches required to be taught in the public schools of the state of Colorado, or shall have been regularly instructed at home in 20 SCHOOL LAWS OP such branches, by some person qualified to instruct in the same, at least twelve weeks in each year, eight weeks at least of which shall be consecutive, and shall, at the time of such employment, deliver to the employer a certificate in writing, signed by the teacher, certifying to such attendance or instruc- tion; and any person, persons or corporation who shall employ any child contrary to the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than twenty-five (25) dollars nor more than fifty (50) dollars, and all fines so collected shall be paid into the county treasury, and placed to the credit of the school district in which the offense occurs. 542. Guardian required to send child to school — when child to be clothed by school board. Every parent or guardian, or other person in the state of Colorado, having control of any child or children between the ages of eight (8) and fourteen (14) shall be required to send such child or children to a public school, or private school taught by a competent instructor, for a period of at least twelve (12) weeks in each year, at least eight weeks of which time shall be consecutive, unless such child or children are excused from such attendance by the board of the school district in which such parent, guardian or person having con- trol resides, upon its being shown to their satisfaction that such child's bodily or mental condition has been such as to prevent attendance at school, or application to study for the period required; Provided, That if such parent or guardian is not able, by reason of poverty, to properly clothe any such child, it shall be the duty of the school board of the proper district, upon the fact being shown to their satisfaction, to furnish the necessary clothing and pay for the same out of the school fund of such district, by warrant drawn as in other cases, or that such child or children are taught at home in such branches as are usually taught in the public schools, subject to the same examination as other pupils of the district in which the child resides; or that there is no school taught within two miles by the nearest traveled road. 543. Failure of guardian to compel attendance — penalty. Any parent, guardian or other person failing to comply with the provisions of section two of this act shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than five nor more than twenty-five dollars THE STATE OF COLORADO. 21 for each offense; and all fines so collected shall be paid into the county treasury and placed to the credit of the school dis- trict in which the offense occurs. [Section 2 referred to is section 542.] 544. Penalty for failure of school director to prosecute cases of neglect. It shall be the duty of any school director of the dis- trict to inquire into all cases of neglect of the duty pre- scribed in this act, and ascertain from the person neglecting, the reason, if any, therefor; and he shall forthwith proceed to secure the prosecution of any offense occurring under this act; and any director neglecting to secure such prosecution for such offense, within ten days after a written notice has been served on him by any tax-payer in said district, unless the person so complained of shall be excused by the district board of education for the reasons hereinbefore stated, shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than ten nor more than fifty dollars; and such fine, when collected, shall be paid into the county treasury and placed to the credit of the school district in which the offense occurs. All actions for offenses committed under this act shall be prosecuted for and in the name of the state of Colorado. 545. Malicious prosecution. That upon the trial of any offense as charged herein, before any court of competent jurisdiction, if it shall be determined that such prosecution was malicious, then the costs in such case shall be adjudged against the complainant and collected as fines in other cases. 546. Attendance at night school. Two weeks' attendance, at half time or night school, shall be considered within the meaning of the article equivalent to an attendance of one week at a day school. 547. Children under fourteen years of age not to be employed. That any person who shall take, receive, hire or employ, any children under fourteen years of age in any under- ground works or mine, or in any smelter, mill or factory, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or court of record, shall be fined not less than ten dollars nor more than fifty dollars for each offense; Provided, That a jury on the trial of any such case before a justice of the peace shall be called and empanelled, as in the case of assault and battery, and that the jury in such cases shall designate the amount of the fine in their verdict. 22 SCHOOL LAWS OP 548. Arrest of person violating act. That whenever any person shall before a justice of the peace make oath, or affirm that the affiant believes that this act has been or is being violated, naming the person charged with such violation, such justice shall forthwith issue a warrant to a constable, or other authorized officer, and such officer shall arrest the person or persons so charged, and bring him or them before the justice issuing such warrant, for a hear- ing. And it shall be the duty of all constables and policemen to aid in the enforcement of this act. 549. Penalty. That in default of the payment of the fine or pen- alty imposed under any of the provisions of this act, it shall be lawful for any justice of the peace, or court of record before vvhom any person maj be convicted of a violation of any of the provisions of this act, to commit such person to the county jail, there to remain for not less than twenty days nor more than ninety days. [This act comprises sections 547-549.] 550. Unlawful, to exhibit children under age of fourteen. It shall be unlawful for any person having the ' care, custody or control of any child under the age of fourteen years, to exhibit, use or employ as an actor or performer in any concert hall or room where intoxicating liquors are sold or given away, or in any variety theatre, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatso- ever, or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage such child to engage therein. Noth- ing in this section contained shall apply to or affect the employ- ment or use of any such child as a singer or musician in any church, school or academy, or at any respectable entertain- ment, or the teaching or learning the science or practice of music. 551. Unlawful to hire child for exhibition. It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit or have in custody any child under the age and for the purpose prohibited in the first section of this act. [Penalty for violation of above two sections, section 603.] [Section 1 referred to is section 550.] THE STATE OP COLORADO. 23 DELINQUENT CHILDREN. 586. Definition of terms — Application of act — Evidence. This act shall apply only to children sixteen (16) years of age or under, not inmates of a state institution, or any institution incorporated under the laws of the state for the care and correc- tion of delinquent children. The words "Delinquent Child" shall include any child sixteen (16) years of age or under such age who violates any law of this state or any city 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 visits or enters a house of ill-repute, or who knowingly patronizes or visits any policy shop or place where any gaming device is, or shall be, operated ; or who patronizes or visits any saloon or dram shop where intoxicating liquors are sold ; or who patronizes or visits any public pool room or bucket shop ; or who wanders about the streets in the night time without being on any lawful business or occupation; or who habitually wanders about any railroad yards or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority; or who habitually uses vile, obscene, vulgar, profane or indecent language, or is guilty of immoral conduct in any public place or about any school house. Any child committing any of the acts herein mentioned shall be deemed a juvenile de- linquent person, and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this act, or any evidence given in such cause, shall not in any civil, criminal or other cause or proceeding whatever in any court be lawful or proper evidence against such child for any purpose whatever, excepting in subsequent cases against the same child under this act. The word ''Child" or ''Children" may mean one or more children, or the word "Parent" or "Parents" may mean one or both parents when consistent with the intent of this act. 603. Penalty. Any person who shall be convicted of violating any of the provisions of the preceding sections of this act, shall be fined not exceding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or both, in the discretion of the court; and upon conviction for a second or any subsequent offense, shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not exceeding six months. 24 SCHOOL LAWS OF COUNTY GOVERNMENT. 1326. When school orders shall be paid — advertisement. It shall be the duty of the county treasurer of each county in this state, when there are sufficient funds to the credit of any school district, or to the credit of any school fund of any such district, to pay in full the principal and interest of any orders which may be on such fund, in the order of their registra- tion, and if at any time there shall be two hundred dollars in the hands of such treasurer, to the credit of any such fund, it shall be his duty to cause to be published in some newspaper published at the county seat of such county, for twenty days, a notice that certain school orders (describing same by numbers and amounts) wall be paid upon pres.entation, and at the expira- tion of said twenty days' advertisement, such orders shall cease to bear interest. 1359. When office becomes vacant. Every county office shall become vacant, on the happening of either of the following events, before the expiration of the term of office : First — The death of the incumbent. Second — His resignation. Third — His removal. Fourth — His ceasing to be an inhabitant of the county for which he was elected or appointed. Fifth — His conviction of any infamous crime, or any offense involving a violation of his official oath. Sixth — His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath and bond within the time prescribed by law. Seventh — The decision of a competent tribunal, declaring void his election or apointment. CRIMES. 1661. Hazing unlawful. It shall be unlawful of any person to engage in any of those practices commonly called "Hazing" or in any acts of torturing, tormenting, or in any way maltreating a fellow inmate, employe or student. 1662. Punishment for hazing. Any person found guilty of the violation of the provisions of the first section of this act shall be deemed guilty of a mis- THE STATE OP COLORADO. 25 demeanor and shall upon conviction be fined not less than five nor more than fifty dollars. 1663. Punishment for hazing in educational institutions. Any officer, teacher, or student connected with any of the state institutions of this state who shall be found guilty of violating the provisions of this act, shall, if a teacher or employe, be dismissed from the further service of such state institution, and if a student, his conviction shall work expulsion from the state institution he may be attending, in perpetuum. 1820. other officers shall not deal in warrants — penalty. It shall be unlawful for any county, city, town or school district officer in this state to buy, purchase, trade in or acquire, either directly or indirectly, any county, city, town or school district warrant, or any other evidences of county, city, town or school district indebtedness of the county of which he is such officer at the time. Any violation of the provisions of this act shall be adjudged a misdemeanor and punished in the discretion of the court by a fine and not exceeding five hundred (500) dollars, or imprisonment in the county jail for a period of not more than thirty (30) days. 1821. Officer shall not use public funds for private purposes — penalty. If any officer appointed or elected by virtue of the con- stitution of this state, or any law thereof, as an officer, agent or servant of an incorporated city, town, municipal township, school district, or county, or other subdivision of this state, shall convert to his own use in any way whatever, or shall use, by way of investment in any kind of property or merchandise, or shall make way with or secrete any portion of the public funds or moneys, or any valuable securities by him received for safe keeping, disbursement, transfer, or for any other purpose, or which may be in his possession or over which he may have the supervision, care or control, by virtue of his office, agency or service, or under color or pretense thereof, every such officer, agent or servant shall, upon conviction, be punished by impris- onment not less than five (5) years. 1822. Officers shall not loan public money — penalty. No such officer, agent or servant shall loan out, with or without interest, any money or valuable security received by him, or which may be in his possession or keeping, or care or control, by virtue of his office, agency or service, or under color or pretense thereof, and any such officer, agent or servant, so loaning such money or valuable security, on conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year, or by a fine not less than five hundred (500) dollars. 26 SCHOOL LAWS OF 1823. No officer to derive benefit from contract. If any such officer, agent or servant shall make any contract or agreenient with any person or persons, body or bodies corporate, or other association, by which such officer, agent or servant is to derive any benefit or advantage, directly or indirectly, from the deposit with such person or persons, body or bodies corporate, or other association, of any moneys or valu- able securities held by such officers, agents or servants, by virtue of his office, agency or employment, such contract shall, as to such officer, agent or servant, be utterly null and void; but the person or persons, body or bodies corporate, or other association, shall be liable to the county, city, town, township or school dis- trict where funds are deposited, in an action for the recovery of all such benefits or advantage as would, by the terms of such contracts or agreement, have accrued to such officer, agent or servant; and payment to the officer, agent or servant shall not protect the person or persons, body or bodies corporate, or other association, against an action of recovery brought by the county, city, town, township or school district whose funds are so deposited. 1824. Penalty for officer making unlawful contract. Any such officer, agent or servant who shall make any such contract or agreement as described in the last section of this act, or who shall receive any benefit or advantage, directly or indirectly, from the deposit of any money or valuable security held by him as such officer, agent or servant, or over which he has control, care or supervision, by virtue of his office, agency or service, shall, upon conviction thereof, be punished by im- prisonment in the penitentiary not less than one year or by fine not less than five hundred (5U0) dollars. 1825. Refusing to pay warrant or to accept same for taxes — penalty. Any state or county treasurer, who, upon presenta- tion of any auditor's warrant, state warrant, county order or other like evidence of indebtedness, for payment, shall refuse payment thereof, there being then in such treasurer sufficient funds appropriated by law for the payment of such warrant, order or other like indebtedness, or wherefrom by law, payment thereof ought to be made; and any county treasurer or collector of taxes, who upon presentation of any auditor's warrant, county order or other like certificate or evidence of indebtedness in payment of any taxes which may by law be paid therein, shall refuse to receive such order, warrant or certificate in payment of such taxes, every such officer so offending shall be liable to indictment, and upon conviction shall be fined in any sum not THE STATE OF COLORADO. 27 (exceeding five hundred dollars. This section shall extend to the deputies of every such treasurer and collector of taxes. 1826. Penalty for failure to call warrants. Whenever the treasurer of the state or any county, city, town or school district shall have in his hands any moneys, applicable to the payment of any state, city, town, county or school district warrant, and shall fail or neglect for thirty days to publish a call as provided by law for the presentation and payment of warrants, he shall be deemed guilty of a misdemeanor and, upon conviction, shall be liable to a fine not less than ten nor more than three hundred 'dollars. ELECTIONS. 2146. Qualifications of voter. Every person over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elec- tions: First — He shall be a citizen of the United States. Second — He shall have resided in this state one year imme- diately preceding the election at which he offers to vote; in the county ninety days; in the city or town thirt}^ days, and in the ward or precinct ten days. FEES AND SALARIES. 2575. Classification of Counties to Regulate Salaries. For the purpose of regulating the amount of compensation of county superintendents of schools, the counties of the state are divided into seven classes as follows : The City and County of Denver, El Paso and Las Animas Counties shall be the first class; Pueblo, Weld, Boulder, Fre- mont and Teller Counties shall be the second class; Conejos, Delta, Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Mont- rose and Otero Counties shall be the third class; Chaffee, Clear Creek, Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio Grande, Pitkin, Park, Prowers and Saguache Coun- ties shall be the fourth class; Bent, Custer, Cheyenne, Kit Car- son, Logan, Montezuma, Morgan, Routt, San Miguel and Yuma Counties shall be the fifth class ; Archuleta, Baca, Costilla, Grand, Kiowa, Lincoln, Mineral, Phillips, Rio Blanco, San Juan, Sedg- wick, Summit and Washington shall be the sixth class; Dolores 28 SCHOOL LAWS OP and Hinsdale shall be the seventh class. County Superintend- ents of schools shall receive the following compensation, to be paid quarterly out of the county treasury, to wit: In counties of the first class, an annual salary of twenty-eight hundred dol- lars (12,800.00) ; in counties of the second class an annual salary of two thousand dollars (|2,000.00) ; in counties of the third class, an annual salary of twelve hundred dollars (|1,200.00) ; in counties of the fourth class, an annual salary of eleven hun- dred dollars (|1,100.00) ; in counties of the fifth class, an annual salary of eight hundred dollars (|800.00) ; in counties of the sixth class, an annual salary of five hundred dollars (1500.00) ; in counties of the seventh class, an annual salary of one hun- dred dollars ($100.00) ; in all but first and second class counties, boards of county commissioners may allow mileage not to exceed ten cents (10c) per mile for distance necessarily and actually traveled in the performance of duty, not to exceed an aggregate of three hundred dollars (|300.00) per annum in any county. 2580. Deputies and assistants — compensation. Deputies and assistants may be employed by the * » * county superintendents of schools * * * (who shall be paid out of the county treasury), the compensation and time of service to be fixed by the board, the selection of said deputies and employes to be made by the officer authorized to employ them; Provided, That the provisions of this section relating to the county superintendents of schools shall apply only in counties of the first class. FLAGS. 2597. Unlawful to display any but flag of United States — exception. It shall be unlawful to display any flag upon any state, county or municipal buildings in this state, except the flags of the United States. Provided, however, That whenever any foreigner shall become the guest of the United States, or of the state of Colorado, or of any city of this state, or upon the occasion of the visit of any foreign minister, envoy or ambassador in his official or representative capacity, the flag of the country of which such person shall be a citizen may be displayed upon such public buildings; and it shall be unlawful to display the flag of any anarchistic society upon any public or private build- ing or in any street procession or parade within the state of Colorado. THE STATE OF COLORADO. 29 2598. Penalty for violation of preceding section. Any violation of this act is hereby declared a misdemeanor and shall be j)unished by a fine of not less than fifty nor more than five hundred dollars. [See sections 5829 to 5833.] HOLIDAYS. 2940. Holidays — effect on negotiable instruments and return days — when lioiiday falls on Sunday. That the following days, viz.: The first day of Jan- uary, commonly called New Year's day; the twelfth day of February, known as the birthday of Abraham Lincoln; the twenty-second day of February, commonly called Washington's birthday; the thirtieth day of May, commonly called Decoration day; the fourth day of July; the twenty-fifth day of December, commonly called Christmas day; and any day appointed or rec- ommended by the governor of this state or the president of the United States, as a day of fasting and prayer or thanksgiving, shall for all purposes whatsoever, as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, drafts, bank checks, promis- sory notes, or other negotiable instruments, also for the holding of courts, be treated and considered as is the first day of the week, commonly called Sunday; Provided, That in case any of the said holidays, or any other legal holiday heretofore or here- after designated, shall fall upon a. Sunday, then the Monday following shall be considered as the said holiday, and all notes, bills, drafts, checks or other negotiable instruments falling due or maturing on either of said days, shall be deemed to be payable on the next succeeding business day; and in case the return or adjourned day in any suit, matter or hearing before any court shall come on any day before mentioned, such suit, matter or proceeding, commenced or adjourned as aforesaid, shall not, by reason of coming on any such day, abate, but the same shall stand continued to the next succeeding day, at the same time and place, unless the next day shall be the first day of the week, when in such case the same shall stand continued to the day next succeeding, secular or business day, at the same time and place; Provided, further, Nothing in this act shall prevent the issuing or serving of process on any of the days above mentioned, or on Sunday. 2942. Arbor day — tree planting. The third Friday in April of each year shall be set apart and known as "Arbor Day," to be observed by the people 30 SCHOOL LAWS OF of this state in the planting of forest trees, for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of the day so established; Provided^ That the actual planting of trees may be done on the day desig- nated, or at such other most convenient time as may best conform to local climatic conditions, such other time to be designated, and due notice thereof given, by the several county superintend- ents of schools for their respective counties. 2943. A holiday in public schools. The day, as above designated, shall be a holiday in all public schools of the state, and school officers and teachers are required to have the schools under their respective charge observe the day by planting of trees, or other appropriate exercises. 2944. Governor shall issue proclamation. Annually, at the proper season, the governor shall issue a proclamation, calling the attention of the people to the provisions of this act, and recommending and enjoining its due observance. The superintendent of public instruction, and the respective county superintendents of schools, shall also promote, by all proper means, the observance of the day; and the said county superintendents of schools shall make annual reports to the state forest commissioner of the action taken in this behalf in their respective counties. 2945. Colorado day. That the first day of August of the year 1907, and the first day of August of each and every year hereafter is hereby made a public holiday to be known as "Colorado Day," and such day is hereby set apart for a proper celebration by our people in commemoration of the admission of the state of Colorado into the union. 2946. Same, if day designated falls on Sunday. That whenever the first day of August falls upon Sunday, the following Monday is hereby designated as the day for cele- brating such event. Provided That this act shall not be construed to affect the making or execution of agreements or instruments in writing, or to interfere with judicial proceedings. THE STATE OF COLORADO. 31 2947. Labor day. The first Monday in September of the present year of our Lord, "and each j^ear thereafter, is hereby declared a public holi- day, to be known as '''Labor Day," and the same shall be recog- nized, classed and treated as other holidays under the laws of this state. 2948. Columbus day. The 12th day of October of the present year of our Lord, 1907, and the 12th day of October of each year thereafter is hereby declared a public holiday, to be known as "Columbus Day," and the same shall be recognized, classed and treated as other legal holidays under the laws of this state; Provided, That this act shall not be construed to affect commercial paper, the making or execution of agreements or instruments in writing, or interfere with judicial proceedings. 2949. Election day in November. Election day in November of each year is hereby made a legal holiday. JUSTICES AND CONSTABLES. 3874. Justice report quarterly to county commissioners. Every justice of the peace or other magistrate by whom any fine or penalty has been imposed which under the statute should be paid into the general school fund, shall at the next regular quarterly meeting of the board of county com- missioners submit an itemized report showing date of trial, title of case, nature of offense and amount of fine, giving amounts collected, amounts uncollected and accompanying said report with receipts from the county treasurer for amounts so collected and paid over to him. 3875. County treasurer report fines paid. The county treasurer, at the time of rendering to the county superintendent of schools his quarterly certificate of taxes collected (as provided in section sixty-six (66) of chap- ter XCVII, being general section three thousand and sixty one (3061) of the General Statutes of the state of Colorado) shall show separately in said certified statement the amounts received from fines and by whom paid in. [Section 3061 referred to is section 5899.] [For fines, penalties and forfeitures, which are paid into school fund, see sections 50, 423, 440. 535, 961, 1004. 1352, 1362, 1794, 1877, 2384. 3243, 4305, 4701, 4710, 4820, 5510, 6369, 6380, 6422, 6895, and 7012. Revised Statutes 1908.] 32 SCHOOL LAWS OF MUTE AND BLIND. 4313. Institute located at Colorado Springs. There shall be permanently maintained at the city of Colo- rado Springs, in the county of El Paso, an institution for the support and education of the mute and blind residing within the state of Colorado. 4334. Who may be admitted — report of county superintendent of schools. Every blind, deaf or mute citizen of the state of Colo- rado, of sound mind, over six (6) and under twenty-one (21) years of age, shall be entitled to receive an education in said institute at the expense of the state. All applicants above the age of twenty-one (21) years may be admitted at the option of the board. Each county superintendent of common schools sha.ll report on the first day of June in each year to the super- intendent of the school for the education of the deaf and the blind, the name, age and postoflfice address of every blind or deaf person of suitable age, for admission to said school, resid- ing in this county, including all such persons as may be too deaf or blind to acquire an education in the common schools. Applicants for admission to said school from other states, if within the ages prescribed by this section, may be admitted upon payment of such a sum quarterly, as the board of trustees of said school may determine. [See also section 5939.] PUBLIC CONTRACTS. 4994. No officer letting contract shall have interest therein. Whenever any officer of this state or of any county, city, town, or school district therein, shall be charged with the duty of making any contract for, or on behalf of this state, or of any county, city, town, or school district therein, shall be obliged to pay any sum of money to any person whom- soever, and whenever any such officer, as a member of any board of auditors, commissioners, or directors, or otherwise, shall have any vote or voice in awarding any such contract, it shall not be lawful for any such officer to become in any manner bound for the fulfillment of such contract, or to take or receive any part or portion of the money specified in such contract, or to be in any way, manner or degree interested in such con- tract, excepting in his official representative capacity. 4995. Penalty for violation of this act. Whosoever shall offend against the provisions of this act shall be imprisoned not exceeding six months, and fined not exceeding two thousand dollars, and shall be removed from office. THE STATE OP COLORADO. 33 PUBLIC HEALTH. 5010. Powers and duties. The state board of health shall * * * from time to time recommend standard works on the subject of hygiene for the use of schools of the state. STATE BOARD OF EDUCATION. 5866. Who constitute state board. The superintendent of public instruction, the secretary of state and attorney-general shall constitute a state board of edu-" cation, of which the superintendent of public instruction shall be president. 5867. IVIeetings of board — rules and regulations. The state board of education shall meet at the state capitol on the last Saturday in December, in each year, and at such other times and places as may by them be deemed necessary, and shall have power to adopt any rules and regulations not in- consistent with law, for its own government, and for the govern- ment of the public schools. 5868. Board may grant state diplomas — effect. The state board of education is hereby authorized to grant state diplomas to such teachers as may be found to possess the requisite scholarship and culture, and who may also exhibit satisfactory evidence of an exceptional moral character and whose eminent professional ability has been established by not less than two years' successful teaching in the public schools of this state. Such diplomas shall supersede the necessity of any and all other examinations of persons holding the same, by county, city, town or local examiners, and shall be valid in any county, city, town or district in the state, for the grade of work indicated unless revoked by the state board of education. 5869. state board of examiners. There is hereby created a state board of examiners which shall consist of a state superintendent of public instruction who shall be president of the board, and eight other persons who shall be appointed by the state board of education in the manner following: Immediately upon the passage of this act the state board of education shall appoint two members of said state board of examiners, one of whom shall be recom- mended to it for that purpose by the president of the State Agricultural College, and both of whom shall be citizens of Colorado, actively engaged in educational work, and who are not members of the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines, or the State Normal School, which said members shall hold 34 SCHOOL LAWS OF office until the first day of May, A. D. 1910, and whose respective successors shall in like manner be appointed to hold office for successive terms of four years thereafter. And the State board of education shall also in like manner appoint two members of said state board of examiners, one of whom shall be recommended to it for that purpose by the president of the University of Colorado, and both of whom shall be citizens of Colorado, actively engaged in educational work, and who are not members of the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1911, and whose respective successors shall in like manner be appointed to hold office for successive terms of four years thereafter. And the state board of education shall also in like manner appoint two members of said state board of examiners, one of whom shall be recommended to it for that purpose by the president of the State School of Mines and both of whom shall be citizens of the state of Colorado, actively engaged in educa- tional work, and who are not members of the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1912, and whose respective successors shall in like manner be appointed to hold office for successive terms of four years thereafter. And the state board of education shall also in like manner appoint two members of said state board of examiners, one of whom shall be recommended to it for that purpose by the president of the State Normal School, and both of whom shall be citizens of the state of Colorado, actively engaged in educa- tional work, and who are not members of the faculties of either the State Agricultural College, the University of Colo- rado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1913, and whose respective successors shall in like man- ner be appointed to hold office for successive terms of four years thereafter. [L. '09, p. 369, 370, '§1. 5869a. Applicants to be examined. The state board of examiners shall, as often as directed by the state board of education, and at least as often as once a year, and after having given due public notice of the same, examine all applicants for state diplomas in such branches and THE STATE OP COLORADO. 35 upon such terms as in the judgment of the state board of examiners, shall be requisite to prove the applicant's possession of academic and professional attainments, fully equivalent to those set forth>in section 4 of this act. [L. '09, p. 370, §2. 5869b. Requirements of applicants. And the state board of education shall grant state diplomas to such persons as shall by virtue of such examina- tion, be found to possess the requisite scholarship and culture, and who shall also exhibit evidence satisfactory to the state board of education, of good moral character. [L. '09, p. 370, §3. 5869c. Diplomas without examination. The state board of education shall issue state diplomas upon aplication, without examination, to applicants who shall be graduates of colleges situated within the state of Colorado, which maintain a standard four-year course of collegiate work and require four standard years of high school work or its equivalent for admission, and who shall also exhibit evidence satisfactory to the state" board of education of good moral char- acter, and who shall also present evidence satisfactory to the slate board of education that they have had twenty-four months of successful teaching experience, and who shall also produce evidence satisfactory to the state board of education of profes- sional training equivalent to at least one-sixth of a standard four years' college course and at least three of the following groups of subjects, one of which shall be Practice Teaching, to wit: (1) General and Educational Psychology. (2) History of Education. (3) Science and Principles of Education. (4) Practice Teaching and Special Methods. (5) Organization and Management of Schools. (6) Philosophy, Sociology and Anthropology. [L. '09, p. 371, §4. 5S69d. Who need not take examination. The state board of education shall grant state diplomas to all persons who shall be teaching in the public high schools of the state of Colorado at the time of the passage of this act and who shall, within a period of six months thereafter, satisfy the state board of education that they have had forty-five months' successful teaching experience in the public high schools of the state of Colorado. [L. '09, p. 371, §5. 36 SCHOOL LAWS OP 5869e. Diploma for eminent service. The state board of education may, in their discretion, issue state diplomas without examination, to those persons who, in addition to good moral character and scholarly attainments have, in the opinion of the state board of education, rendered eminent service in the educational work of the state for a period of not less than six years. [L. '09, p. 371, §6. 5869f. Diplomas license to teach for five years. State diplomas, granted under the provisions of this act, shall license the holders thereof to teach in the public schools of any county, city, town or district in the state without the necessity of any other examination, for a period of five years unless sooner revoked by the state board of education, and at the expiration of said time, the same may be renewed for a like period of five years in the discretion of the stafe board of education, and at the expiration of this time, the same may be renewed for life upon presentation to the state board of educa- tion of satisfactory evidence of professional growth and effi- ciency; Provided, That the state board of education shall issue upon application, without examination, to those persons who possess the qualifications set forth in section 4 of this act, experience in teaching alone excepted, a temporary, non- renewable certificate to teach for five years in the public schools of Colorado. [L. '09, p. 371, 372, §7. 5870. Board may revoke diploma. The state board of education may at any time revoke a state diploma, upon satisfactory evidence that the holder thereof has become unworthy the same; Provided, That before revoking any such diploma, the holder thereof shall have at least thirty days' notice to appear before the state board and refute any charges brought against him. STATE SUPERINTENDENT. 5871. Election of state superintendent — term. At the general election, to be held in the year of our Lord one thousand eight hundred and seventy-eight, and every two years thereafter, a state superintendent of public instruction shall be elected by the qualified electors of the state, who shall hold office for the term of two vears from the second Tuesdav THE STATE OF COLORADO. 37 of January next after his election, and until his successor is duly elected and qualified, 5872. Oath and bond of superintendent. Before entering upon his duties he shall take and sub- scribe the oath of office prescribed by the constitution, and shall also execute a bond in the penalty of five thousand dollars, payable to the state of Colorado, with sureties to be approved by the state auditor, conditioned upon the faithful discharge of his official duties, and the delivery to his successor of all books, papers, documents and other property belonging to the office. Said bond and oath shall be deposited with the secre- tary of state. 5873. Powers and duties of superintendent. He shall have an office at the seat of government, where shall be kept an official seal, and all books and papers apper- taining to the business of his office. He shall file all papers, reports, and public documents transmitted to him by the school officers of the several counties, each year separately, and hold the same in readiness to be exhibited to the governor, or to any committee of either house of the general assembly; Copies of all papers filed in his office, and his official acts may be certified by him; and when so certified, shall be evidence equally and in like manner as the original papers. He shall decide all points touch- ing the construction of the school laws, which may be submitted to him in writing by any school officer, teacher or other person in the state, and his decisions shall be held to be correct and final until set aside by a court of competent jurisdiction, or by sub- sequent legislation; and said decisions, correspondence and in- structions may be communicated through the columns of any regularly published periodical that is devoted to the interest of education. He shall prepare lists of questions for the use of county superintendents at the quarterly examination of teachers, and make such suggestions concerning their use, as shall tend to secure uniform examinations in the different counties; and he may call to his aid, in the preparation of said questions, such assistance as he may deem proper. 5873a. The state superintendent of public instruction shall prepare or cause to be prepared suitable test cards, blanks, record books, and other needful appliances and supplies to be used in testing 38 SCHOOL LAWS OF tlie sight, hearing and breathing of pupils in the public schools, and the necessary instructions for their use; and shall furnish the same free of expense to every public school in the state. The teacher or principal in every public school, or where there is no principal, the county superintendent, shall, during the first month of each school year, test the sight, hearing and breathing of all pupils under his charge, such examination to be made by observation, without using drugs or instruments, and without coming in contact with said child; and keep a record of such examinations according to the instructions furnished and make a written report of such examinations to the state superintend- ent of public instruction as he may require. [L. '09, p. 490, §1, 5873b. The State Auditor is hereby directed to draw his order for such sums and at such times as the State Superintendent of Public Instruction may require to carry out the provisions of this act. The total expenses under this act shall not exceed one thousand dollars (|1,000.00) in any biennial period ending No- vember 30. [L. '09, p. 491. 5874. Shall furnish blanks — cost — prepare the laws — cost. He shall have a general supervision of all the county super- intendents and of the public schools of the state. He shall prepare, have printed and furnished to teachers and all offlcers charged with the administration of the laws relating to public schools such blank forms, registers and books as may be neces- sary to the discharge of their duties, but he shall not copyright such forms, nor be directl}^ nor indirectly compensated by reason of the sale thereof. All registers and blank books so furnished for the use of teachers and school officers shall be charged to the respective counties at cost, and the county superintendent of schools shall receipt for and distribute the same among the districts of his county as they may require; and the amount so charged against each county shall be deducted from the amount apportioned to such county at the semi-annual apportionment of the state school fund; and the superintendent of public in- struction shall certifj^ to the state treasurer the aggregate amount of such deductions, and the treasurer shall thereupon transfer said amount from the school fund, subject to apportion- ment, to the general fund. The superintendent of public instruction shall have the laws relating to public schools printed in pamphlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and state libraries with a copy each. Said printing to be paid for out of THE STATE OP COLORADO. . 39 the printing fund on warrant of the auditor, on bills approved by the superintendent of public instruction and attested by the secretary of state. 5875. Report of superintendent — visitations — investigations — expenses. He shall, on or before the tenth day of December in every year preceding that in which shall be held a regular session of the general assembly, report to the governor the con- dition of the public schools, the amount of state school fund apportioned, and sources from which derived, with such sug- gestions and recommendations relating to the affairs of his ofQce as he may think proper to communicate. It shall be his duty to visit annually such counties in the state as most need his personal attendance, and all counties, if practicable, for the purpose of inspecting the schools, awakening and guiding public sentiment in relation to the practical interests of education, and diffusing as widely as possible, by public addresses and personal communication with school teachers and parents, a knowledge of existing defects and of desirable improvements in the govern- ment and instruction of the schools; and he shall open such correspondence as may enable him to obtain all necessary in- formation relating to the system of public schools in other states; and he shall receive out of the state treasury, for actual neces- sary traveling expenses, and other expenses while traveling on the business of the department, not exceeding five hundred dollars' per annum, for which he shall render an itemized bill to the auditor of state, who is hereby authorized to draw his warrant therefor; and all office, fuel, furniture, postage, books, stationery, and other contingent expenses pertaining to his office, shall be furnished in the same manner as those of the other departments of the state government. 5876. IVIay employ assistant librarian — salary. He may employ an assistant librarian, who shall have charge of the state library, under such regulations as may be prescribed by the state librarian, or by law. Said assistant shall receive the annual salary of one thousand dollars for his services. COUNTY SUPERINTENDENT. 5877. Election — oath — bond — when term begins. There shall be elected in each county, at the general elec- tion, in the year one thousand eight hundred and seventy- seven, and biennially thereafter, a county superintendent of public schools, who shall take office on the second Tuesday of 40 SCHOOL LAWS OF January next succeeding that in which such election shall be held. He shall hold his office for two years, and until his suc- cessor shall be elected and qualified. Before entering upon the duties of his office he shall take the oath prescribed by the constitution, and execute a bond payable to the people of the state of Colorado, with two or more sureties, to be approved by the board of county commissioners, in penalty of not less than two thousand dollars, to be increased at the discretion of said board, conditioned upon the faithful performance of the duties of his office, and the delivery of all moneys and property as such superintendent to his successors, which bond shall be filed in the office of the county clerk. 5878. Failure to qualify — vacancy — appointment. Should the superintendent-elect fail to qualify as afore- said, or should there occur a vacancy in said office, the board of county commissioners shall, at their next meeting after such vacancy or failure to qualify occurs, appoint an eligible and suitable person, who shall qualify within ten days after his appointment, and who shall continue in office until the next general election thereafter. Should such appointee fail to qualify as aforesaid, another appointment shall be made in the same manner, until the vacancy shall be filled by appointment or election. 5879. May appoint deputy — compensation. If for any cause the superintendent is unable to at- tend to the duties of his office, he may appoint a deputy, who shall take the usual oath or affirmation of office, and who may exercise all the functions of county superintendent, but such deputy shall draw no salary from the public fund; Provided, That the superintendent may receive a per diem for the services of such deputy. 5880. County superintendent to make reports. On the first Tuesday of September in each year, the county superintendent shall make a report to the superin- tendent of public instruction for the school year ending June thirtieth next preceding, which report shall contain an abstract of the reports made to him by district secretaries, and such , THE STATE OP COLORADO. 41 other matters as the superintendent of public instruction may direct, and shall be in such form and upon such blanks as the superintendent of public instruction shall furnish. The county superintendent shall retain a copy of all such reports and file the same in his office. 5881. Duties of county superintendent. It shall be the duty of the county superintendent to exercise a careful supervision over the schools of his county, to visit each school at least once during each quarter it is in session, to see that all the provisions of this act are observed and followed by teachers and school officers; to examine the accounts of the district officers to see if such accounts are prop- erly kept, and all district funds properly accounted for; to keep in a good and substantial bound book a record of his official acts, and of other matters required by law to be recorded; to obey the legal instructions and decisions of the superintendent of public instruction. He shall also keep a record of the reg- isters, record books, and order books furnished to the several districts of his county; and it shall be his duty to hold county teachers' associations whenever, in his judgment, the interests of the school work demand it; the records of the county super- intendent's office shall be open to the inspection of any citizen of the county, and within one week from the close of each school year he shall publish in some newspaper published in the county, if there be such a paper, a statement of the apportionment of school funds for the year preceding. [County superintendent shall revise school census. Section 5939.] 5882. Penalty for failure to make report. If the county superintendent fails to make a full and cor- rect report to the superintendent of public instruction, as pro- vided by law, and shall, after written request or notice from the superintendent of public instruction or from the board of county commissioners, delay more than ten (10) days after the service of such notice to make such report, he shall forfeit the sum of one hundred dollars, which sum the board of county commissioners may deduct from any money due him ; said forfeit may, however, be recovered by suit, upon his official bond. 5883. May administer oaths. The county superintendent shall have power, and is hereby authorized, to administer oaths and affirmations to school direc- 42 SCHOOL LAWS OF tors, teachers and all other persons, in official matters relating to schools; but shall receive no fee for so doing. 5884. May appoint directors, in certain districts. The county superintendent shall appoint directors for any district which fails to elect, as provided in section forty- four, and shall fill vacancies that may occur in any board of directors by reason of death, removal from oflSce or from the district, resignation or otherwise, except in the boards of direct- ors of districts of the first class, and the officers so appointed shall hold office only until the ensuing regular election. [Section 44 referred to is section 5918.] 5885. County superintendent keep record of boundaries of scliool districts. It shall be the duty of the county superintendent to ascertain the boundaries of each school district in his county, arid to make and keep a record of the same in a suitable bound book, which record shall show definitely the boundaries of each district. In case the boundaries are found to be conflicting or incorrectly described, he shall harmonize the same and make a report of such action to the board of school directors whose districts are affected thereby. District officers shall have access to such records for the purpose of examination, making copies, or for other legitimate purposes. The county superintendent shall prepare or have prepared a map of the county, showing the correct boundaries of the districts. 5886. Supplies and office hours of superintendent. « The commissioners shall provide him with a suitable office at the county seat and all necessary blank books, stationery, postage, expressage and other expenses of his office not other- wise provided for, which last mentioned expenses shall be paid for from the county fund. He shall keep his office open for the transaction of official business such days of each week as the duties of the office may require. SCHOOL FUND. 5887. Apportionment of public school fund. It shall be the duty of the state auditor to notify the superintendent of public instruction of the amount of money in the state treasury to the credit of the public school income fund on the thirtieth day of June and December in each THE STATE OF COLORADO. 43 year. Within fifteen days after receiving such notification, the superintendent of public instruction shall apportion said fund among the several counties of the state, from which reports have ^been received by said superintendent, as provided in this act, in proportion to the school population as shown by the report of each county for the jesiv next preceding such apportionment, making such deductions as are provided in sec- tion 9 of said chapter. And the superintendent of public instruction shall certify said apportionment to the state auditor, and upon such certificate the auditor shall draw his warrant on the state treasurer in favor of the county treasurer of each county for the amount due said county. The superintendent shall also certify to the superintendent of each county the amount apportioned to such county. [Section 9 above referred to is section 5874.] 5888. Apportionment of county school fund. The county superintendent shall apportion the general school fund of the county among the several school districts, in accord- ance with the provisions of sections 72 and 73 of this chapter, quarterly, to wit : On the first Monday in January, April, July and October in each year, and he may apportion the same at other times, if there be sufficient money in the treasury to require it. He shall certify each apportionment promptly to the county treasurer, and shall also notify the secretary of each district of the amount placed to the credit of his district. [Sections 72 and 73 above referred to are sections 5889 and 5890.] 5889. Apportionment, how bassd. In apportioning the general fund, as directed in sec- tion nineteen of this chapter, the county superintendent shall base the July apportionment, in each year, on the census lists and reports of the secretaries of the several districts for the school year next preceding, and he shall base all apportion- ments on said lists and reports for a period of one year, except in the case of the apportionment of new districts, as provided in section thirty-two of this chapter. [Section 32 above referred to is section 5912.] 5890. Apportionment. The county superintendent shall apportion the fund afore- said among the districts entitled to the same, according to the number of persons of school age, as shown by the census lists and reports of the several districts for the school year imme- diately preceding, as provided in section seventy-two. [Section 72 above referred to is section 5889.] 44 SCHOOL LAWS OF 5891. Effect of failure to maintain school. Any school district failing to maintain a public school at least three months of any school year, shall not be entitled to receive any portion of the school fund for that year. 5892. Apportionment of normal institute fund. At the time of apportioning the state school fund in July of each year the superintendent of public instruction shall apportion the state normal institute fund equally among the normal institute districts of the state, and the sum accred- ited to each normal institute district shall be transmitted to the custodian of the normal institute fund thereof in the same manner as each county's apportionment of the state school fund is now transmitted to the county treasurer; and each district's apportionment of the state normal institute fund shall be applied and expended in the same manner and for the same purposes as the fund of each normal institute district has here tofore been applied and expended. COUNTY SCHOOL TAX. 5893. Tax levy — basis for making estimate. The county commissioners shall, at the time of levying the tax for county purposes, cause to be levied a tax for the support of the schools within the county, of not less than two (2) mills on the dollar, of the assessed value of all taxable property, real and personal, within the county, which tax shall be collected by the county treasurer at the same time, and in the same manner, as state and county taxes are col- lected, except that it shall be receivable only in cash. It is hereby made the duty of the county superintendent of schools to certify to the board of county commissioners at this time the amount of money needed per capita, to enable each school dis- trict in the county to maintain a public school four (4) months in each year, as required by law. In making his estimate, the county superintendent shall not take into consideration dis- tricts whose school population shall be less than fifteen (15), as shown by the school census preceding the time of making the levy. He shall use as a basis for making his estimate the sum of forty (40) dollars per month for the teacher's salary. All other expenses of the school must be provided for by the board of directors by special tax. It is hereby made the duty of the county commissioners to increase the minimum rate of two (2) mills, to what shall be required for the purpose as stated as above; Provided, That such tax levy shall in no case THE STATE OF COLORADO. 45 exceed five (5) mills; Provided, further, If any school district shall fail to certify a special tax for other expenses of the dis- trict necessary to maintaining a public school each year, as provided for in section 77, the county commissioners shall cause the same to be levied. [Section 77 above referred to is section 6009.] 5894. Penalty for failure of officer to make levy. No county clerk or other person who shall make out the tax list or assessment roll of any county, shall omit or neglect to levy said tax of two (2) mills, as aforesaid, by reason of the omission of the board of county commissioners to pass a resolution for that purpose. Failure to levy a tax of at least two (2) mills, as above specified, shall be deemed a violation of the law, and the person or persons through whose neglect or refusal the failure so to levy shall occur, shall forfeit the sum of one hundred (100) dollars each, and be liable for all damages resulting from such neglect or failure. 5895. School board certify amount of tax to be levied — duties of treasurer and assessor. On or before the day designated by law for the com- missioners of each county to levy the requisite taxes for the then ensuing year, the school board in each district shall certify to the county commissioners the number of mills per dollar which it is necessary to levy on the taxable property of the district, to raise a special fund for any of the purposes specified in section 51 of this chapter, and the county commis- sioners shall cause the same to be levied at the same time that other taxes are levied; and the amount of such special tax which shall be assessed to each taxpayer of such district shall be placed in a separate column of the tax book, which shall be headed "Special School Tax;" Provided, That a school board of a district of the third class shall not certify, as above, to a higher rate than fifteen mills per dollar. There shall also be a column in said tax book in which shall be designated the number of the school district in which the property is listed. This tax shall be collected in cash only, and placed to the' credit of the proper district as fast as collected, and the amount placed to the credit of each district shall be reported to the secretary of such district at the end of every month, and shall be subject to the order of the district board. It is hereby made the duty of the county assessor and county treasurer to so arrange their tax schedules and bpoks as to conform to the above provision; Provided, That the county assessor shall list all property, both real and personal, in the school district in 46 SCHOOL LAWS OF wLich the same may be on the first day of May; And, provided, further, That the board of any district may order the levy of not to exceed one-tenth of one mill, the proceeds of which shall be used exclusively in the purchase of books for a library, j;o be open to the public, under such rules as the district board may deem needful for the proper care of the said library, [Section 51 above referred to is section 5925.] 5896, Question of levy not to be reconsidered. It shall not be lawful for a district or district board to reconsider the question of the levy of a special tax after the same has been certified to the county commissioners, nor shall said commissioners be charged with any discretion in the matter of such levy further than to ascertain if the law. has been obeyed. SPECIAL FUNDS. 5897. What fines paid to school fund — penalty for collector failing to pay. All fines, penalties and forfeitures provided by this act may be recovered by action of debt, in the name of the people of the state of Colorado, for the use of the proper school district or county, and shall, when they accrue, belong to the respective districts or counties in which the same maj have been incurred; and the county treasurers, for their counties, are hereby authorized to receive and cause to be placed to the proper credit such forfeitures. Except as otherwise provided by law, all sums of money derived from fines imposed for viola- tion of orders of injunction, mandamus and other like writs, or for contempt of court, shall be paid into the school fund of the county wherein the contempt or such violation was com- mitted; and the clear proceeds of all fines collected within the several counties of the state for breach of the penal laws, and all funds arising from the sale of lost goods and estrays shall be paid over in cash By the person collecting the same, within twenty (20) days after the collection, to the county treasurer of the county in which the same have accrued, and shall be by him credited to the general county school fund. He shall indi- cate in such entry the source from which such money was derived. Any officer or person collecting or receiving any such fines, forfeitures or other moneys, and refusing and failing to pay over the same, as required by law, shall forfeit double the amount so withheld and interest thereon at the rate of five (5) per cent, per month during the time of so withholding the same; and it shall be a special duty of the county superin- tendent of schools to supervise and see that the provisions of. this section are fully complied with, and report thereupon to THE STATE OF COLORADO. 47 the county commissioners semi-annually or oftener, if required by them. [For fines, penalties and forfeitures, which are paid into school fund, see sections 50, 423, 440, 535, 961, 1004, 1352, 1362, 1794, 1877, 23S4, 3243, 4305, 4701, 4710, 4820, 5510, 6369, 6380, 6422, 68S5 and 7012, R. S., 1908.] 5898. General fund not to be used for building purposes. It shall be illegal for any school board to appropriate, or cause to be used, any money belonging to the general school fund, for the purpose of building, furnishing or erecting additions to any school house, or for the purchase or improve- ment of any school house, site or lot; Provided, That if any por- tion of the aforesaid school fund remains to the credit of any district after the payment of all expenses necessary to the support of a public school for a period of ten months in any one year in said district, it shall be lawful for the district board to use such balance for any other purpose provided for in sec- tion fifty-one of this chapter. [Section 51 referred to above is section 5925.] 5898a. That all moneys to which the various counties of the state of Colorado are now or may hereafter become entitled under the act of congress of May 23, 1908, or other acts, in which counties a forest reserve, or any portion thereof is situated, shall at the beginning of each fiscal year and every six months thereafter be awarded and apportioned through the proper state officials of this state to such counties in proportion to the area of the forest reserve in each county; and such apportion- ment of said funds shall be determined by the state auditor, and the state auditor is authorized and directed to draw war- rants upon the state treasurer in favor of the county treasurer of each county for the amount due each county under the appor- tionment and made direct to the county treasurers of said coun- ties, and in accordance with the so-called agricultural appro- priation act of congress, approved May 23, 1908, and the county commissioners of said county shall direct the said fund to be credited as follows, to-wit: Not less than 5 per cent, of said sum shall be expended for either roads or school funds in the discretion of the board of county commissioners. [L. '09, p. 35, §1. DUTIES OF COUNTY TREASURER. 5899. County treasurer certify school moneys collected — pay over — failure — penalty. The county treasurer shall, on or before the first day of January, April, July and October, of each year, certify 48 SCHOOL LAWS OP the amount of said tax which shall have been collected, and the amount of any other county school money, then in the county treasury, to the county superintendent, and shall render him a statement of the amount uncollected. The amount unpaid shall be collected at any subsequent time, as delinquent taxes are collected, and shall be certified to the county super- intendent as aforesaid. Should the treasurer fail at any time to pay over the tax as herein provided, he shall forfeit the sum of one hundred (100) dollars, and double damages, to be col- lected on his official bond; suit to be brought by the county superintendent, for the benefit of his county. 5900. Duties of county treasurer handling sciiool fund. It is hereby made the duty of the county treasurer in each county to keep a separate account with each school district in his county, to place to the credit of each the amount of money as certified to by the county superintendent, as pro- vided in section 19, and to pay over the money so collected, upon the presentation of the legally drawn warrants or orders of the district officers entitled to draw the same; Provided, That if the county superintendent shall notify the county treas- urer, in writing, that there has been a failure on the part of any board of directors to comply with the law, and that said money should be withheld from said board of directors, he shall retain the same until further notice from the county superin- tendent; on or before the fifth day of July in each year he shall render to the county superintendent of schools a statement of the receipts and disbursements on account of the several dis- tricts of all the school funds which have passed through his hands during the school year next preceding, and at the same time he shall render to each district secretary a statement of receipts and disbursements of such district. All money which shall become forfeited by any district shall be put into the gen- eral school fund and reapportioned as other moneys. [When treasurer shall pay school orders. Section 1326.] 5901. Treasurer i county superintendent 6994 of first-class districts 5994 temporary 5991 granted by county superintendent— when 5991 applicant for teachers, pay fee 5992 expiration of, during term 5990 Necessary to teach— expiration of ' 5990 not required— when 5990 renewal of— new 5994 expiration of certificate during term ■ 5990 state diplomas granted by state board of education _. 5868 state certificates granted by state ,board of examiners upon examina- tion 5S69a-b state diplomas without examination 5869c temporary non-renewable certificates 5S69f diplomas granted to graduates of colleges situated in Colorado, when.. 5869c life of state licenses 5S69f requirements for state diplomas 5869c state diplomas to persons teaching in the public high schools, when 5S69d diplomas for eminent service 5869e diplomas revoked - 5870 CHALLENGE— at meeting to issue bonds 5942 of vote at school election — oath 5919 CHILDREN— under fourteen not employed during school hours— exception 531-541 between eight and fourteen sent to school— exception 542 must attend school — exception 530 employer keep record of school attendance— failure— penalty 531 employer furnish evidence to truant oflficer.' 532 truant and incorrigible— juvenile disorderly persons 533 commitment of 536 school board provide books for indigent 5925 of county attend union high school 5956 age of, to attend kindergarten 5927 employment of between fourteen and sixteen unlawful, when 532 . during school hours, unlawful 541 under fourteen unlawful ■ 531 in mine or smelter 547 arrest of person violating act 548 penalty 549 to exhibit under fourteen imlawful 550 to hire to exhibit 551 delinquent, defined 586 CHURCH— appropriation to, from school fund prohibited ix-7 CITIZEN— qualification of - vii-1 CLASSES— of school districts 5915 CLERKS— of election appointed in first-class districts 5918 CLOTHING— furnish indigent children 542 COMMITTEE— "of union high school 5956 term of members 5961 128 INDEX. - COMMITTEE— Continued. Section vacancies, how filled 5961 meetings of 5961a powers of 5961a elections of 5971 COMMON SCHOOLS— sections 16 and 36 of eacli township for support of En. act. COMPENSATION— of county treasurer for collecting special taxes 5949 of truant officer 534 of county superintendents 2575 of deputy county superintendents 5879 of teacher, stated in report of board 5936 of secretary school board fix 5925 none to members of board, except secretary 5925 of deputy county superintendent for holding examinations 5991 of secretary of high school committee 5961 teacher not dismissed without receiving 5990 withheld until register is filed by teacher 5995 COMPULSORY EDUCATION— provisions concerning ix-ll unlawful to employ children under fourteen— except '. 541 penalty for employing children under fourteen 541 of children— exception— clothing 542 no school within two miles— children exempt 542 applied to ages .■ 542 demands not met by teaching German 542 failure to comply with — misdemeanor— penalty 543 duty of school directors to prosecute— penalty 544 malicious prosecution 545 attendance at night school equivalent to half time 546 children sent to school— exception— appeal 530 penalty for employing children under fourteen 531 minors between fourteen and sixteen must read and write— duty of employer. . 532 demands not met by teaching German 532 truant— juvenile disorderly person, who is 533 truant officer — powers— duties— record 534 truant officer— conviction of parent— bond— defense 535 commitment of juvenile disorderly person— term— expense 536 child unable to attend school— relief 537 violation of law— penalty 538 second conviction— penalty— jury trial 539 not apply to district without accommodations 540 CONSTITUTION— Executive Department iv-1 term of office— residence— duties— seat of government iv-1 state officers— election— returns— canvass— contests iv-3 eligibility— first election— thereafter— age^residence iv-4 governor appoint offlcers—vacancy—election— senate confirm iv-6 governor demands information from ofllcers iv-8 officers keep account of moneys — semi-annual reports iv-16 officers executive department— biennial report— governor transmit iv-17 officers receive salary— fees paid into treasury iv-19 superintendent of public instruction, ex-offlcio librarian iv-20 Suffrage and Election vii-1 citizenship .' vii-1 universal suffrage vii-2 absence in civil or military service vii-4 privilege of voters vii-5 electors only eligible to office vii-6 INDEX. 129 CONSTITUl ION"— Continued. Section prisoners disqualified — restoration— pardon or full service vii-10 State Institutions viii-1 charitable institutions established viii-1 territorial institutions become state — transfer viii-5 Education ix-1 board of education— members — president '. ix-1 trev schools — one in each district — three months ix-2 school fund inviolate^ — state treasurer custodian ix-3 county treasurer collect and disburse — warrants ix-4 school ' fund— of M^hat consists ix-5 county superintendent commissioner of lands ix-ii aid to sectarian schools, churches forbidden ix-7 religious test forbidden — sectarian tenets — race — color ix-S board of land commissioners — members— powers ix-9 public lands — location — sale— disposal ix-10 compulsory education ix-11 university— regents— election ix-12 regents elect president— powers ix-13 regents control universitj^— funds ix-14 school district — board of education ix-15 text books— general assembly nor board shall prescribe ix-16 Revenue x exemption— lots — buildings for worsltip— schools x-5 corporations subject to tax.' - x-10 making profit oil public money felony x-l"! Public Indebtedness xi lending or pledging credit of state', county, city, etc., forbidden xi-1 >aid to corporation — interest in — by state, county, city, joint ownership xi-2 loans for school buildings — vote — qualifications , — xi-7 this article not affect prior obligations xi-9 Officers xii civil officers — oath xii-S oath where filed — with whom xii-9 refusal to qualify — vacancy xii-10 vacancy — term of office^ — elected to fill .xii-11 Counties xiv clerk and recorder — sheriff — coroner — treasurer — election xiv-S vacancies— appointments— governor — county commissioners xiv-9 elector only eligible xiv-10 classify counties as to fees xiv-15 CONTRACTS— see "Public Contracts." CONVICTION— for second violation of compulsory education law 539 CORPORATIONS— taxation for school purposes...: x-10 COST— of school stated in report of board .5936 COUNTIES— classification of— for high school ' 2977a school order called 1326 when office becomes vacant ...1359 county school tax levy 5893 failure to make— penalty '. 5894 COUNTY ASSESSORS— a,rrange tax schedules — list property on May 1st 5895 COUNTY CLERK— levy minimum rate of tax for school purposes 5894 make change of requisition 5945k 130 INDEX. COUNTY COMMISSIONERS— Section fill vacancy in any county office xiv-9 levy special tax to pay interest on bonds ^ 5945f levy tax to pay district bonds 5952 fill vacancy in office of county superintendent 5S78 allow mileage to county superintendent, v(?hen 2575 provide office, supplies, etc., for county superintendent 5886 levy hig-h school tax— limit of 5977p make appropriation for normal institute — issue warrants 5996 levy county school tax — increase minimum rate — levy special tax 5893 levy special school tax for ensuing year 5895 COUNTY COURT— try parent or guardian of truant child 535 commit juvenile disorderly person 536 inquire into question of truancy on petition 5982 clerk of — issue writ 5983 commit from truant school to reformatory 5988 COUNTY OFFICERS— election of xiv-8 vacancy in office— how filled xiv-9 qualifications xiv-10 COUNTY SCHOOL TAX— see "Taxes." COUNTY SUPERINTENDENTS— term of office — duties — qualifications — compensation ix-6 ex-officio commissioner of lands ix-6 election of xiv-8 vacancy in office — how filled xiv-9 notify secretary of appeal— advise parties of hearing £003 administer oaths — decision 6005 not render judgment for money 6007 keep record of examinations and applicants 5994 revoke teacher's certificate — cause of 5994 election— term— oath and bond of 5877 failure to qualify — vacancy in office — appointment 5878 when office becomes vacant , 1359 classification of counties to regulate salaries 2575 compensation of— office hours 5886 expenses — how paid 5886 appoint deputy— how paid 5879 deputies and assistants — compensation 2580 of first class may employ — salary 2580 annual report to superintendent of public instruction 5880 penalty for failure to report 5882 administer oaths 5883 duties of county superintendent -5881 keep record of books furnished school directors 5881 public apportionment of school funds 5881 appoint directors 5884 vacancies on boards— how filled 5884 director must reside in district 5884 boundaries of school districts — record 5885 prepare map of school district 5S85 apportionment of county school fund 5888 certify apportionment of school fund 5888 notify district secretary of school apportionment 5888 basis of apportionment of funds 5889 apportionment. , 5890 maintain suit against county treasurer 5899 report blind and deaf persons '. 4334 approve bond of treasurer— file ^ 5922 fill vacancy caused by failure to qualify 5922 INDEX, 131 COUNTY SUPERINTENDENTS— Continued. Section call meeting for organization of new disti'ict from old 5907 establish and number new district 59C8 transfer to other districts 590S annex or detach territory to district 5909 annul district 'and annex territory E910 extend time for opening school in new district 5910 divide funds upon formation of new district 5912 apportion moneys received from unpaid special taxes to new district — 5912 hold examination of teachers 5991 collect fee from applicant for teacher's certificate 5992 forward to superintendent of public instruction 5992 look after fines — penalties and forfeitures — report 5S97 call meeting of boards of directors of county for union high school 5956 member of union high school committee 5956 fill vacancy in union high school committee 5977g call meeting of directors to elect county high school committee 5977f member of county high school committee — secretary ex-oflicio 5977f select normal institute committee — add to teacher's standing for. attend- ance. . . 5996 certify to county commissioners to maintain school— basis of estimate 5893 COUNTY TREASURER— duties in relation to school funds of county ix-4 election of xiv-8 collect special tax — cash — cancel bonds........ 5945 compensation collecting special taxes 5949 countersign district bonds .^ 5943 collect taxes to pay bonds — pay to district treasurer 5945f-5952 cancel bonds redeemed 5945f duties of -. 5900 keep account of fund of each school district 5900 make annual statement of school funds— to whom 59C0 certify arnount of tax collected and uncollected 5899 failure to pay over tax— penalty 5899 separate account each district — endorse warrants — pay notice of funds 5901 warrants 5901 county treasurer cancel all school orders 5902 county treasurer render quarterly statemetit to school board 5901 pay orders as registered 1326 county treasurer furnish blanks to district board 5904 transfer funds of united district 5909 retain unpaid special taxes for new district 5912 report to county superintendent amount of fines received 3874 pay high school tax on warrant 5977p custodian of normal institute fund 5996 collect county school taxes 5893 arrange tax schedules 5S95 collect tax for payment of interest on high school bonds.. 5977s cancel high school bonds after payment 5977s compensation of — for collection of special taxes 5977v COUPON— school directors — bonds issued 5945d COURSE OP STUDY— school board fix 5925 D DEAF AND BLIND— secretary ascertain number bliAd and deaf 5939 institute located at Colorado Springs 4313 blind, deaf or mute attend — county superintendent's report— support 4334 132 INDEX. DEBT— Section contract only by vote of elector's xi-7 of school district bj^ loan xl-? meeting- for contracting- bonded 5942 election to contract— who vote 5919 DECISION— of county superintendent upon appeal 6001-6005 of state board of education vipon appeal 6006 DEFICIT—. in union high school fund 5966 DEPUTY— " county superintendent appoint— compensation 5S79 county superintendent may be employed— compensation 25S0 DIPLOMAS— of kindergarten teachers ; 5927 state to whom issued 586S classes of : 5S69a-e revoked by state board of education 5870 of state normal school grant — evidence 6141 license to teach 5869f DIRECTORS— of school district— iiumber — powers ix-15 name text books for study of alcohol and narcotics 6011 enforce law — penalty 6012 may appeal from county superintendent 6006 call meeting- for issuing bonds 5942 may refund bonded indebtedness 5950 examine teachers in district first-class — grant certificate — report to county superintendent 5994 furnish clothing to indigent children ■. 542 prose'cute violation of compulsory education law 544 failure to comply with the law— penalty 544 in districts of first and second-class appoint truant officer 534 county superintendent appoint to fill vacancy.-. 5S84 board — elected annually in each district — number— classification 5915 qualifications of 5915 election of : 5915 classification of districts 5915 witness fees not allowed 5915 secretary and treasiirer, oflice distinct 5915 qualify in twenty days — oath — treasurer's bond — failui e .5922 oath of 5922 qualifjr in twenty days , 5922 bond of 5922 hold regular, special or adjourned meetings 5923 call special meeting in district third class 5954 notice of meeting 5934 president signs orders on county treasurer 5934 president appears in suit 5934 absence beyond thirty days works vacancy 59.34 duties of secretary — bond 5935 high school directors sign, countersign bonds issued 5977q census list 5935 further duties of secretary — report 5936 secretary give notice— how 5936 secretary render statement— books for inspection 5937 failure of secretary to report — duty of state superintendent 5938 control teachers' retirement fund 5995b treasurer countersign warrants— account— failure — penalty 5940 warrants— issuance of 5940 delinquent officers- penalties 5941 fill vacancy in boards of first-class district 5924 INDEX. • 13;3 DIRECTORS— Continued. " Section powers of directors 5925 employ and discharge teachers 5925 enforce rules and regulations of state superintendent 5923 when provide books, when free text-books 5925 number of teJachers— length of school— opening and closing 5925 fix course of study — exercise— text-books, etc 5925 hold real estate and personal property in trust * 5925 may purchase or sell school lots 5925 provide school furniture— supplies for board : 5925 rent, repair, insure, build or remove school houses 5925 reciuire teachers to conform to law 5925 suspend or expel pupils— exclude from school 5925 admit pupils from adjoining districts 5925 make report to state superintendent 5925 make report to county superintendent 5925 fix wages, tuition, compensation of secretary ^ 5925 hire teachers 5925 school furniture 5925 discharge teachers 5925 fix salary 5925 compensation allowed secretary 592p powers of board 5925 tuition 5925 fix course of study — special branches— admittance 5925 school houses— rent— repair— build, etc 5925 custodian of school property ". 5925 suspend or expel pupils 5925 * number teachers— time' 5925 furnish clothing for indigent 5925 use of district funds : 5925 special levy ^ 5925 auditing of bills 5925 president and treasurer sign bonds 5945o treasvirer pay district bonds. 5945f treasurer pay high school bonds 5977s treasurer collect interest coupons 5C47-5977t when changed from second to first class district— who constitutes 5916 election of— for new district 590S when Joint district formed from first-class district 5909 uniting with lower 'class — who constitutes -5909 . order more than one voting place in first-class district 5918 candidate for, in first and second-class district 5919 may purchase flag— flagstaff— pay for 592S-5929-5930 not use general fund for building or lots — exception .5898 elect high school committee— fill vacancy 5961 establish district high school— powers — build or lease ...,5926 may establish and maintain kindergartens £927 not interested in contract for district .5994 designate branches to be taught in schools. 6010 may admit adults and non-residents to public schools 6009 levy special tax for expense of schools 5S9o certify necessary levy for special fund 5895 may order levy for library 5895 not consider levy of special tax 5896 not employ teacher without a certificate ' 5990 elect directors of consolidated district , 5911c purchase site in consolidated districts RSIld furnish transportation — when 59nd funds of consolidated district 5912 DISMISSAL— of teacher, for good cause 5900 134 \ INDEX, DISPLAY— Section of American flag 5928-5929 of other than Unite'd States flag— penalty .• 2596-2597 DISTRICTS— failing to maintain a school— no funds ix-2 organizing of general provision ix-15 restriction upon indebtedness by xi-7 coupon bonds of, issued..., 5942 call special meetings to vote on bonds 5942 change in boundary line — not release property from 'bond tax 5848 lack accommodations to seat children — compulsory education not apply 540 county superintendent keep record of boundaries of 5885 board of directors of different classes — officers 5915 classification of 5975 expenses of— secretary keep account of 5936 to be' bodies corporate— hold property 5913 change from second to first class board of directors 5916 legal school districts 5916 legal district— what constitutes 5917 organization of— census list of new — unorganized territory 5907 how legally organized 5907 size of territory 5908 twenty children in old district 5908 organization — optional with county superintendent 5907 debts, when liable for 5907 new, how organized — election of directors — persons transferred 5908 of first class, how divided 5908 territory required 5908 number left in old district 5908 family transferred to another district 5908 two or more contiguous — how united 5909 uniting upon a petition of legal voters 5909 contiguous— when voted upon— notice 5909 joint organization of 5911 annulled to form separate district 5911 annulled by county superintendent— when entitled to public money 5910 when new district entitled to school money 5910* funds for new 591 school actually commenced 5910 failure to open school within six months 5909 apportionment of general funds in new district formed from old 5912 when new district entitled to share of funds 5912 property and moneys of new district formed from old 5912 take and hold real estate — amount 5914 power to condemn 5914 belongs to school district 5914 title obtained through individual 5914 building on school land 5914 annual election — notice — more than one vothig place district first class — 5918 candidate for director in first and second class 5919 ne'w section, 3 M. Rev., 1571... 2146 new section, 3 M. Rev., 1571a 2147 of third class— power of electors 5955 high school in first and second class 5926 vote to build or release building for high school 5926 having children attend union high school, support 5966 contributing to high school — election of committee 5971 maintain school three months — failure — no funds 5891 third class, limit for special tax 5895 property in on May 1st assessed 5895 not reconsider levy of special tax 5896 consolidation defined E911a INDEX. 135 DISTRICTS— Continued. Section consolidation submitted to vote of electors 59nb ballot for consolidation 5911b call meeting to organize district 5911c district of first class formed to other classes 5911c tr ansportatioii in 5911d division of funds in consolidated 5912 DOCTRINES— not taught in public schools ix-8 DUTIES— of truant officer 534 of county superintendent 5881 of high school committee 5961-5977k of union high school committee 5961-5964-5977k of state superintendent 5873-5874-5875 DIVISION— of school funds upon formation of new district— basis 5912 E EDUCATION— provision for schools ix-2-3 ELECTION- who entitled to vote vii-1 wometi entitled to vote , vii-2 no person gains or loses right in , vii-4 voters privileged from arrest attending— except vii-5 county officers xiv-8 no person entitled to vote while in prison vii-10 of county superintendent 5877 of school directors— classes of district— officers of board— by ballot 5918 annual— notices posted— publication— ballot 5918 annual— place— time— notice 5918 polls open three hours 5918 judges of 5918 special meeting— notice 5918 tax levy reconsidered— when 5918 school board not bound by action of electors— when 5918 moving building— vote 5918 judges of— who shall constitute— qualification of electors 5919 to contract debt— who vote— penalty for illegal vote 5919 qualification of electors 5919 illegal when 5919 judge of election take oath 5919 special 5919 residence of directors 5919 elector not a taxpayer can vote— when 5919 must be a taxpayer to vote on bonds 5919 who may challenge— oath 5919 procuring site for school house; 5919 who may be director 5919 candidacy when vacancy occurs 5919 counting of votes— tie— special election 5920 none held at regular time— special call— no notice- void ; 5920 tie vote — special election .. .-. 5920 applies to all school elections 5921 to vote to build or lease building for high school 5926 1 of union high school committee 5956 of superintendent of public instruction 5878 of county high school committee 5977d for contracting a bonded indebtedness 5942 for union high school 5956 130 • . INDEX. ELECTION— Continued. Section for county hig-h school •. 5977b of county high school committee .' 5977f for contracting indebtedness for high school purposes 5977q ELECTORS— qualification of vii-1 se'x no disqualification in school elections vii-1 qualified elector only eligible to civil or military office vii-6 determine amount of indebtedness 5942 qualification of sex 5919 at election to contract debt 5919 qualification of 2146 powers of — at meetings— in third-class district -. 5955 who may vote 5955' site of school house determined by 5955 building of school house determined by 5955 taxes • 5955 bonds 5955 free text books— vote of people 5955 removal of elector 5945k EMPLOYER— hiring children under fourteen years — proof 531 evidence of attendance or instruction minor employed 532 EMINENT DOMAIN— district may hold real estate 5914 ENABLING ACT— lands for schools 7 seventy-two sections for university 10 school lands, how sold 14 mineral lands excepted 15 ENDORSEMENT— ■ of warrants by county treasurer ' 5901 ENGLISH LANGUAGE— taught in public schools 6010 EXAMINATIONS— of applicant appeal to state board 6006 in district of first class 5994 record of county superintendent 5994 by county superintendent — other than at county seat 5991 by deputy — compensation 5991 teachers' high school examination ^ 5991 time of examination 5991 age of applicant 5991 rules governing examination 5991 only one set papers can be submitted 5991 endorsing certificates 5991 superintendent may appoint deputy to hold 5991 special certificate for high school 5991 . answers filed 5991 appeal 5991 for admission to union high school 5969-5977 for state diploma ■ ■ .5869 medical — by teacher 5995a EXECUTIVE COMMITTEE— of normal institutes— how appointed— duties— report— transmit funds 5996 EXEMPTION— from taxation— of what property ; x-5 EXPENSES— of trial— transportation of juvenile disorderly person— county pay 536 of district — secretary keep account 5936 of purchasing and displaying fiag .5930 of normal institute— how paid 5996 IXDEX. 137 P:XPENSES— Continued. Section of superintendent of public instruction ; 5S75 of school paid by special tax— when 5S93 EXPULSION— of pupils, by school board 592.5 F FAILURE— of county treasurer to pay over moneys collected .5899 FEE— applicant for teacher's certificate— pay 5992 registration, for normal institute 5996 FINANCES— secretary render statement of 59S9 of school district — treasurer make statement 5940 FINES— to comply with the law on alcoholic drinks and narcotics 6012 for employing- children during- school hours— violation 541 director fail to prosecute 543-544 of employer failing- to compel instruction of minor in employ 5.30-532 for violation compulsory education law 538 for failure of county superintendent to report 5882 of county treasurer to pay over tax 5899 for failure to publish call for payment of school warrants ..1826 of secretary to make reports 5936 of treasurer to perform duties— turn over moneys 5940 for superintendent or ofRcer failing to perform duties 5941 collected by justice of the peace— payable to school fund ' 3874 county treasurer to render statement 3875 for displaying other than U. S. flag. 2.59S for violation of school law — injunction— mandamus contempt wherg paid.. 5897 for being interested in contract 4995 for failure to levy school tax 5S94 for teaching without certificate 5990 for failure to file register 5995 FLAGS— may be purchased — displayed — when 5928 directors to purchase and display U. S. flag 5928 each department keep flag— size 5929 expense and care of 5930 ■ applies to all institutions 5931 injury to 59.32 superintendent of public instruction publish act f933 display of— other than LT. S. — exception 2597 violation 259S FORFEITED— money by any district 5900 FORFEITURES- for violation of school law — where — county treasurer place credit 5S97 for failure to maintain school 5897 FORMS- state superintendent to print and furnish 5874 for making reports — printed with school law 5874 for reports supplied by superintendent of public instruction 5S74-5995 oath of school offlcer s see appendix No. 1 county superintendent's bond ?ee appendix N'o. 2 I petition to form new district .' see appendix No. 3 order directing notice of meeting to form new district. .. .see appeladix No. 4 notice of meeting for organization of new district see appendix No. 5 bond of district treasurer or secretary see appendix No. 6 reque'st for special meeting by ten legal voters see appendix No. 7 138 INDEX. FORMS— Continued. Section notice of special meeting see appendix No. S notice of annual meeting- see appendix No. 9 record of meeting for organization of new district see' appendix No. 10 record of regular or special meetings see appendix No. 11 notification of apportionment by county superintendent. ..see appendix No. 12 teachers' contract see appendix No. 13 FUNDS— can not be transferred to other fund ix-3 custodian — state treasurer ix-3 how distributed among counties ix-3 how invested— loss— how supplied ix-3 of public school— interest only expended ix-3 public school fund of the state ix-3 of county and school district — how collected and distributed ix-4 of public school — from what derived ix-5 public school of the state ix-5 contribution to sectarian institutions prohibited ix-7 of university— regent control ix-14 teachers' retirement 5995b-d mode of securing teachers' retirement 5995d for medical examination 5995a-b making profit forbidden public officers x-13 embezzlement of — makes person ineligible to hold office xii-4 floating debt— bonds for 5942 funding floating debts for high school purposes 5977q county superintendent apportion general school fund of county 5888 basis of apportionment .' 5889 county treasurer makes annual statement of 5900 treasurer publish statement of district 5922 apportionment of general 5887 of united district county treasurer transfer 5909 division of, upon formation of new district 5912 of new district 5912 city treasurer pay over all moneys in school 3875 general school funds not used for building purposes, etc! 5898 legal use of general 5898 illegal use of school 5898 normal institute .' 5992 applicant for teacher's certificate pay fee 5992 state normal institute fee turned into treasurer 5993 apportionment of normal institute 5892 forfeiture of by district— when 5897 penal, paid to county treasurer :- 5897 items of 5897 not loaned or invested. . . r 1821 officers not loan 1822 no benefit from deposit 1823 penalty 1824 for union high school— deficit 5966 special school, for maintaining kindergartens 5927 state normal 6125 amount of state school 5875 apportionment of 5887 distribution 5887 forest reserve ; 5898a FURNITURE— school board provide 5925 G GENERAL, SCHOOL, FUND- see "Fund." INDEX. 130 GERMAN— , Section taught in public schools — when 6010 GOVERNOR— issue proclamation for Arbor Day 2944 appoint trustees of the state normal school 6130 GRADES— ' of certiflcates by county superintendent 5994 GROUND— bonds for purchasing school 5942 GUARDIAN— of truant child fined— imprisoned 535 GYMNASTICS— taught in public schools— when 6010 HEARING— see "Appeals." HIGH SCHOOLS— union high schools how established — comniiLtee of — open to whom 5956 high school committee— term— vacancies— meetings 5961 maintenance — deficit 5966 term of session of school 5969 qualifications for admittance 5969 admission of pupils— no tuition from resident 5970 every district contributing has voice in election 5971 union high school in county, fourth and fifth classes— organized 5972 how supported— buildings 5973 addition of outlying districts attaching district in adjoining county 5974 , not affect organized district 5975 school board— election 5976 qualification of pupils to enter union high schools 5977 county high schools 5977a in counties of second, third, fourth and fifth classes— how organized 5977b election for 5977b notices posted for voting 5977c who may vot&— form of ballot 5977d canvass of vote for 5977e record of vote preserved 5977f term of members of high school committee 5977g meetings of high school committee 5977h a corporate body 59771 board may hold real estate' 5977j powers and duties of committee 5977k powers and duties of president 59771 powers and duties of secretary 5977m powers and duties of treasurer 5977n powers and dune's of directors — unchanged 5977o tax levied by county commissioners 5977p bonded indebtedness of 5977q challenge of elector— oath 5977q bonds to be registered in special book 5977r commissioners levy tax for payment of interest, etc 5977s bonds to be redeemed 5977t change in boundary not affect taxable district 5977u compensation of county treasurer 5977v special meetings 5977w what high school district subject to provisions of this act.. 5977x certificates in 5991 HIGH SCHOOL COMMITTEE— see "High School." HIGH SCHOOL FUND— see "Fund." 140 INDEX. HIGH SCHOOL TA-X— . Section see "Tax." HOLIDAYS— school year— month — week — day — national holidays 6013 what constitutes a legal holiday 6013 Arbor Day, third Friday in April 2942 how observed in schools 2943 governor issues proclamation, report of county superintendent 2944 Colorado Day : £945-2946 Columbus Day .2948 Election Day 2949 Labor Day : 2947 effect on negotiable instruments and return days 2940 HUMANE TREATMENT OF ANIMALS— to be taught in public schools. 6010 HYGIENE— taught in public schools 6010 I ILLEGAL— voting punished 5919 IMMORAL— books, papers, etc., excluded from schools and libraries 5925 INDEBTEDNESS- limit of bonded 5942 of school district refunded— new bonds issued in payment 5950 INDIGENT— parent or guardian— ofRcer report 537 INSPECTION- secretary's books open for 5937 county superintendent's books open for inspection 5S81 INSTITUTES— see "Normal Institutes." INSURE— school houses — school board may 5925 INTEREST— public school fimd only expended ix-." on school district bonds 5945d •on bonds— special levied to pay 5945f on LTnited States and state bonds : 5947 on refunding bonds— on new bonds 5950 on school warrants — when cease 5901 INDEBTEDNESS— of school districts— restrictions 5943-5977q-xi-l J JOINT DISTRICT— see "Districts." JUDGES OP ELECTION— administer oath 5945b in first-class districts 5918 president, secretary and treasurer of school board act as 5919 administer oath to challenged voter 5919 count— declare' results— transmit report 5920 in high school election 5977e receive registration books 59451 JUDGMENT— state superintendent, or county superintendent not render for money 6007 JUSTICE OF THE PEACE— re'port of amount of fines collected payable to general fund 3874 INDEX. 141 JUVENILE DISORDERLY PERSON- Section who is 533 commitment of 536 K KINDERGARTEN— school board may establish and maintain — age of children . * ; 5927 part of public system — teachers have diplomas 5927 certificates .' .-.. 5927 L LAND BOARD— see "State Land Board." LAWS— of state issuance of school district and refunding bonds 5951 of state' registration , 59451-m LEVY— see "Taxes." LIBRARIAN— , ex-ofRcio — superintendent of public instruction iv-20 assistant— appointment — duties — salary 5876 LIBRARY— number of volumes in and the amount raised for — stateil in report of board _ 5933 immoral books, etc., excluded from schooL 5925 directors may levy special tax for 5895 LICENSE— see "Certificate." LIMIT— of bonded indebtedness 5943 of tax levied for high school purposes. o977p of taxes for county purpose's 5893 of special tax in third-class district ". 5895 of levy of taxes for school purposes— none 1187 a levy of tax for payment of interest on bonds 5977s LOSS— of any part of public school fund lx-3 of school district by neglect of treasurer 5940 LOTS— general fimd not used for 5898 M MAINTENANCE— of union high school — length of school year ,-968-5969 of kinder.gartens — special school fund 5927 high schools , 5977p MALICIOUS PROSECUTIONS- under compulsory education law 515 MAP— of boundaries of district — county superintendent ijrepare 5885 MEETIN~GS— for organizing union high school 5956 for contracting bonded debt — special first and second-class districts 5942 board of directors — regular, special or adjourned 5923 special in district of third class — petition— notice 5954 of school board and district— president preside over 5934 secretary record proceedings of .5935 secretary give notice of 5936 to vote upon free text books 5925 for organization of new districts , 5907 for uniting districts 5909 142 INDEX. MEETUvTGS— Continued. Section of electors in third-class district — ofHcers 5955 of boards of directors of county 5977f of union high school committee 5961a of hig-h school committee' 5977h of state board of education 5867 for organizing county high school 5977b of state board of examiners 5869a MISDEMEANOR— persons employing children during school hours — guilty of 541-543 failure to publish call for payment of school warrants 1S26 superintendent or ofRcer failing to perform duty— guilty of 5941 MILEAGE— of county superintendent — county commissioners may allow — exception. .2575 MONEY— amount of — received— expended, etc., by school board ...5936 MONTH— school— what constitutes 6013 MUTES— see "Deaf and Blind." N NARCOTICS— see "Alcoholic Drinks and Narcotics." NEGOTIABILITY— of school district bonds 5945e NON-RESIDENTS— admitted to deaf and blind school ' 4334 admitted to public schools — when 6009 NORMAL DISTRICTS— number of— boundaries ." 5996 NORMAL INSTITUTE FUND— see "State Normal Institute Fund." how created — how disbursed 5996 state normal institute fund 5892-5993 state divided into districts, classification of counties — who conduct ..5996 expenses of — how paid — registration fee 5996 appropriation by county commissioners 5996 number of — boundaries 5996 where held — when — conductor — instructor 5996 five per cent, credit for attendance at 5996 session of .' . .5996 teacher not paid for attendance 5996 pay for service's as conductor 5996 time and place of— how determined 5996 fee 5996 NOTICE— by county superintendent of appeal 6003 to adverse parties upon appeal 6003 to director of violation of compulsory education law 544 of funds to pay warrants 5901 for presentation of school order for payment 1326 of election to contract bonded indebtedness 5942-5944 of special meeting in district of third class 5954 of meetings — secretary give 5936 of meeting to organize new district from old 5907 of meeting to unite district 5909 of meeting to organize joint district 5911 for consolidation of districts 5911b of meeting to organize united high school 5956 of election for organizing county high school 5977b-c of annual election— how and wher^p posted 5918 INDEX. 143 NOTICE— Continued. Section publish — failure to give 5918 of intention to be candidate for director — publication of 5919 of special election — failure to give 5920 of election to contract bonded indebtedness for high school purposes — 5977q of examination by county superintendent 5991 of meeting t'o fill vacancy in high school committee 5977g of examiination for state diploma 5869a thirty days before revocation of state diploma 5870 to county superintendent of apportionment of state school fund 5887 OATH— • upon appeal 6005 president of state board of education administer 6006 administered to challenged voter .^ 5945b of county superintendent 5877 county superintendent administer to directors, etc 5883 of directors--flled 5922 of challenged voters 5919 of office — trustees of state normal school take 6130 of state superintendent of public instruction 5872 administered to challenged ■^^oter ^ 5877q OFFICE— county superintendent — commissioners provide 5886 keep open when ■■ 5886 OFFICER— of school— failing to enforce act 6012 subscribe oath to support constitution .* xii-8 failing to qualify office becomes vacant xii-10 elect to fill vacancy— term expires xii-11 duty — failing or refusing to perform 5941 not interested in public contract 4994 OFFICE SUPPLIES— of superintendent of public instruction '. 5875 OFFICERS- certain officers file oaths with secretary of state xii-9 of board of directors— term— powers 5915 of new districts from portions of old ...5908 of county high school committee 5977f -5977g of union high school committee 5956-5961 OFFICIAL BOND— see "Bond." OMISSION— of county commissioner to levy school tax 5894 ORDERS— see "Warrants." ORGANIZATION— of board of directors in first-class district -5915 of new district from old 5907-590S of joint district 5911 of consolidated districts E911b-c of union high school 5956 of county high school 5977b-f PARENTAL OR TRUANT SCHOOLS— see "Truant Schools." PENALTY— see "Fines." 144 INDEX. PENSION— Section teachets' retirement fund 5995ta PERSONAL PROPERTY— school board hold in trust 5925 PERSON'S— of school age stated in report of board 5936 PETITION— of voters to purge registration lists 5945m of special meeting- in district of third class 5954 for organization of new district 5907 to annex or detach territory to district 5909 to submit question of county high school— contents 5957 to commit child to truant scjjiool— contents— veTification 59S2 to consolidate districts 5911b to organize -joint* districts 5911 to organize county high school 5977b PLACE— of holding annual election 591S of holding normal institutes 5996 POWERS— of truant ofHcer • 534 of directors of first and second class 5915 of directors to make ' by-laws 5924 of election in district of third class 5955 of high school committee 5977k of directors over district high schools 5926 of school board • • .5925-5927-5928 of president of high school board 59771 of secretary of high school board 5977m of treasurer of high school board 5977n of directors unchanged ...5977o of directors in regard to bonds 5942 PREMIUM- on district bonds issued under territory 5946 PRESENTATION— of school orders for payment 1826-5900 PRESIDENT— of high school committee, powers, 59771 of directors sign bond 5945e administer oath to directors 5922 preside at meetings of school board and district ; 5934 sign orders on county treasurer — appear in suits 5934 of school board act as judges of election 5919-5945-5977d PRESIDENT OP STATE AGRICULTURAL COLLEGE— recommend member of state board of examiners 5869 PRESIDENT OF STATE BOARD OF EDUCATION— administer oaths upon appeal— render decision 58G6-6O06 PRESIDENT OF STATE NORMAL SCHOOI^ ^ assist in fixing time and place of building normal institutes 5996 recommend member of state board of examiners 5869 PRESIDENT STATE SCHOOL OF MINES- recommend member of state board of examiners 5869 PRESIDENT OF STATE UNIVERSITY— recommend member of state board of examiners 5869 PRINTING— of school laws — how paid 5874 registers and blank books— how paid 5S74 test charts for medical examination 5873b PROPERTY— annexed to district liable to bond tax 5948 of new district formed from old 5912 INDEX. 145 PUBLICATION- Section of county exaniinatiuns 5091 of call of paj'ment of school warrants— failure— penalty 1826 of statement of district funds in first-class district 5922 of notice of annual election 5918 of notices fpr voting- on bonds 5944 PUBLIC CONTRACTS— officers not interested in 4994 penalty 4995 officer dealing- in warrants— penalty 1820 PUBLIC INDEBTEDNESS- restrictions concerning- xi-1, 2 PUBLIC INSTITUTIONS— educational— supported by state viii-1 what are educational viii-5 PUBLIC MONEYS- embezzlement of— rnalies person inelig-itale to hold office xii-4 PUBLIC SCHOOL INCOME .FUND- see "Funds." PUBLIC SCHOOL— age of pupils who may attend ix-2 at least three' months' school in each district ix-2 providing- for establishment and maintenance of free ix-2 no sectarian doctrines taught in ix-8 attendance at night _. ' 546 number of— stated in report of board , 5936 school board exclude immoral books, etc., from : 5925 school board fix time for opening- and closing 5925 public^deflned 6O0S taught in English language— Sijanish-German 6010 humane treatment to animals 6010 German wlien tauglit 6010 certificates — special teachers , 6010 public— open to children of school age 5990 who entitled to privileges 6009 must be maintained three months— failure 5981 maintain organization— entitled to fund 5891 PUNISHMENT— of illegal voting- 5919 PUPILS— no distinction of— in public school ix-S numbe'r in school— nu.mber enrolled— attendance stated in report of board 5936 school board require to be furnished with books 5925 suspend or expel— exclude under six years. 5925 . admitted from adjoining district— tuition 5925 Q QUALIFICATIONS— of electors vii-1 of elector for any civil or military office vii-6 religious test or qualification prohibited ix-S of county officers xiv-10 of electors to vote on bonds ' 5945 of teachers 5869f-5991-5994 of voters at school election 5931 at election to contract debt 5919 for admission to district high school 5926 for admission to union high school ' 5970-5977 for conductor or instructor of norma! institute 5996 of application for state diploma 5S69a-to-f of electors to vote on high school bonds a977q IJrG INDEX.- QUESTIONS— Section for examination of teachers prepared by state superintendent 5873-5994 for examination of kindergarten teachers 5927 R REAL, ESTATE— school board, hold in trust ." 5925 district take and hold, amount 5914 RECOMMENDATION— for members of state board of examiners 5869 of state superintendent of public instruction 5875 RECORDER— of county register high school bonds 5977r RECORDS— of bonds issued 5945g-5947 of transaction of truant officers 534 of county superintendent's office open to inspection 5881 of organization of new districts 5908 of joint district 5911 REDEMPTION— of high school bonds 5977-s-t of bonds— manner 5945f-5946 of refunding bonds— of new bonds 5950-5952 REFUNDING — bonded indebtedness of school district ; 5950 REGENTS OP UNIVERSITY— election— term of office— body corporate ix-12 shall elect president— term of office- duties ix-13 shall have control of funds of university ix-14 REGISTERS— state superintendent to print and furnish 5874 teacher keep daily— file with secretary 5995 additional — kept by teacher 5995 REGISTRATION FEE— see "Fee." REGISTRY— of school district bonds— when — how 5945f of water for bonded indebtedness 5945f REUIGION— instructions in not to be given in parental or truant school 5981 inmates of such school may receive training in 5981 RELIGIOUS SERVICE— teachers and stude'nts not required to attend ix-S REMOVAL— of officer— when 4995 of teacher 5925-5977k RENT— school house— school board may 5925-5977k REPAIR— school houses — school board may 5925-5977k REPORT— of high school committee 5977k see "Biehnial Report." of certificates granted by directors of first-class districts 5994 annual of county superintendent 5880 penalty for failure' of county superintendent to make 5882 secretary to preserve copies of 5935 make annually— what contain 5936 of school board— annual 5925 to state superintendent 5925 of election— judges make and transmit — 5920 of fines collected by justice' of peace 3874 INDEX. 147 REPORT— Continued. Section of county treasurer of amount of fines received 3875 county superintendent malie annual of Arbor Day 2944 of teacher for medical examination 5995a RESIDENCE— of an immairried person 5939 REVOCATION— of certificate by county superintendent S994 of state diploma '. 5870 RULES— of state superintendent— board enforce 5925-5977k of meetings in third-class districts 5955 state board of education adopt 5867 s SALARY— of county superintendent 2575 of assistant state librarian 5876 SCHOOL— see "Public school." SCHOOL AGE— defined -. . . . .6014 SCHOOL BOARDS— see "Directors." SCHOOL BUILDINGS— see "Building-s." SCHOOL CENSUS— secretary take annually— forward to county superintendent 5935 copy for districts of first and second class 5935 of new district 5907 basis of division of school fund in new district ..5912 defihe'd 6014 of joint districts 5911 SCHOOL DAT— what constitutes 6013 SCHOOL DISTRICTS— see "Districts." SCHOOL FUND— see "Funds." SCHOOL FURNITURE— see "Furniture." SCHOOL FOR DEAF AND BLIND— see' "Deaf and Blind." SCHOOL GROUNDS— creating debt to purchase 5919 district may hold real estate 5914 SCHOOL HOUSES— number and value stated in report of board 5936 school board may rent, insure, build or remove 5925-5977k of new district formed from old 5912 site of— fixe'd by electors in third-class district 5955 ■ sale of — electors in third-class district 5955 building or removing of 5925-5977k SCHOOL LANDS— sections 16 and 36 are En. Act-'i seventy- two sections for university En. Act-H how— sold— price En. Act-14 mineral lands excepted En. Act-15 SCHOOL LAWS— published by superintendent of public instruction 5874 how distributed 5874 148 INDEX. SCHOOL LOTS— Section see "Directors and Electors." exempt from taxation x-5 directors purchase or sell— when 5925 directors may hold— when 5925-5977i7J-5914 SCHOOL MONTH— see "Month." SCHOOLS— see "Public Schools." SCHOOL YEAR— see "Year." SEAL— of district attached to bonds 5945e-5977 SECTARIAN INSTITUTIONS— appropriations to, from school fund prohibited .' ix-7 SECRETARY OF HIGH SCHOOL COMMITTEE— give notice of meeting- 5956-5961-5977f SECRETARY OP SCHOOL BOARD— see "Secretary." SECRETARY— see "Directors" and "Elections." file transcript in office of coimty superintendent— ferlify it 6003 ascertain number of blind and deaf mutes 5939 preside in absence of president 5934 give bond — conditions — approval— where filed 5935 duties of 5935-5936-5937 failure to file report and census list 593S school board to fix compensation 5925 give notice of annual election — failvue 5918 publish or post notice of candidates for election 5919 act as judges of election 5919 furnish ballots 5919 vacancy of office of 59.34 SECRETARY OP STATE- member of state board of education 5866 SEX— right of suffrage to women of lawful age vii-2 no disqualification to vote at school election 5919 SPANISH— taught in public schools— when 6010 SPECIAL BUILDING FUND- see "Funds" and "Special Tax." SPECIAL SCHOOL TAX— see "Special Tax." SPECIAL TAX— ■ I to pay interest on bonds— cash 5945f-5947 amount of — for support of schools, etc 5936 to pay school expenses — when commissioners levy 5893 directors certify amount commissioners levy — payable in cash 5895 not reconsider levy of 5896 to pay interest on high school bonds for high school purposes 5977p-s STATE AUDITOR— approve bond state superintendent public instruction 5872 draw warrants for printing school laws 5874 draw warrant for state school funds 5887 draw warrant for normal school fund 6128 STATE BOARD OP EDUCATION— who shall constitute — powers — duties ix-1 not prescribe text books ix-16 appeal to, from county superintendent 6006 not render judgment for money 6007 who shall constitute 586G INDEX. 149 STATE BOARD OP EDUCATION— Continued. Section meeting and powers of 5867 grant diplomas '• 5868 state diplomas revoked by 5870 appoint state board of examiners 5869 grant state diplomas on recommendation of state board of examiners. .5869a-f grant honorary state diplomas 5869e grant certificates to graduates of colleges within state 5869f STATE BOARD OF EXAMINERS— who constitutes 5S69 STATE BONDS— see "Bonds." STATE BOARD OF LAND COMMISSIONERS- who constitutes— powers ix-9 duties of — general assembly provide for sale ix-10 STATE DIPLOMAS— see "Diplomas." STATE NORMAL INSTITUTE FUND— how constituted 5993-5996 apportioned— used 5892 STATE NORMAL SCHOOL— established at Greeley 6125' trustees — corporate- powers— seal 6129 governor appoint trustees— oath — term — superintendent of public instruc- tion member 6130 maintenance of ■ 6128 STATE SCHOOL FUND— see "Funds." STATE SUPERINTENDENT OF PUBLIC INSTRI^CTION— ' see "Superintendent of Public Instruction." STATE UNIVERSITY— regents of — terms ix-12 president of — ex-officio member of— duties ix-13 duties of board of regents ix-14 STUDY— see "Course of Study." of alcoholic drinks and narcotics 6011 SUFFRAGE— see "Election." eligibility to office vii-4 SUITS— to recover fines, penalties and forfeitures 5897 SUPERIxNTTENDENT OF PUBLIC INSTRUCTION— executive department consist of whom iv-1 who eligible iv-4 ex-ofRcio state librarian iv-20 president of state board of education ix-1 member of state board of land commissioners ix-9 take oath to stipport constitution xii-8 direct apportionment of general fund— when 5938 publish flag act with school law 5933 pay examination fees to state treasurer ' 5993 apportion state normal institute fund 5892 promote observance of arbor day 2944 certify to state auditor number of persons attending normal institute 5996 assist in fixing time and place of holding normal institutes 5996 president state' board of education 5866 1 'resident state board of examiners 5869 member board of trustees of state normal school 6130 when elected— term 5871 oath and bond 5872 office- duties — powers 5873 ? 150 INDEX, SUPERINTENDENT OP PUBLIC INSTRUCTION— Continued. Section furnish registers and blank books 5874 approve bills for printing school laws 5874 certify to state treasurer for blanks 5S74 publish school laws 5874 supervision of county superintendent and public schools 5874 biennial report— visits— expenses 5875 governor may require information of 5875 apportionment of school fund — certify 5887 assistant librarian — salary 5876 prepare test cards, blanks, etc., for medica^l examination of children in the public schools ■ 5873a SUSPENSION— of pupils by school board 5925 T TAX— see "Special Tax." to pay principal of bonds— interest 5945f amount of— fixed by electors in third-class district 5955 minimum levy for general fund 5895 limit of levy for high school— collection— paid out 5977f no increase beyond legal rate to provide for truant school 5979 for payment of high school bonds 5977s for payment of district bonds 5945f TAXATION— what property exempt i x-5 TAXES— to pay bonds— commissioners levy 5945f county treasurer certify amount collected and uncollected 5899 county commissioners levy county school — basis — limit 5893 county school— paid in cash 5893 apportionment of two-mill levy 5893 duties of county commissioners in regard to -levy 5893 legal custodian 5893 county clerk must levy— officers failing— forfeiture 5894 for library— special school fund 5895 school board certify 5895 to pay high school bonds— commissioners levy 5977s for maintaining high school 5977p levy not to be considered 5896 levy can not be changed 5896 TEACHERS— number employed stated in report of board— amount paid 5936 . school board determine number 5925 board required to conform to law 5925 employed and discharged by school board 5925 examination of 5991 pay examination fee 5992 of kindergarten— have diplomas 5927 examination of, for state diplomas 5868-5869a granted state diplomas 5868-5869a granted temporary non-renewable 5869f must have license— expiration— proviso 5990 dismissal of— for cause only •■ • -5990 license' of— qualifications 5869a-5991 no compensation without license 5990 employment of 5990 special subjects required of 5991 certificate, expiration of 5990 certificates, endorsement of 5991 teacher keep register— statistics— blanks 5995 INDEX. 151 TEACHERS— Continued. Section notify county superintendent of beginning and close of term 5995 reports — forfeiture of salary upon failure 5995 jurisdiction of •. 5995 special 5990 directors' pwwer over pupil and teacher ,. . . . 5925 dismissal of 5925-5977k no appeal on unaccepted papers from another county 5995 medical examination of children in the public schools 5995a retirement fund of 5995b-c appeal to state board of education 6006 TEACHERS' NORMAL INSTITUTES— see "Normal Institutes." TERM— of office of county superintetident '. 5877 of office of school directors and officers 5915 of office of directors appointed first-class districts 5924 of school fixed by school board 5925-5977k of office of directors in new district 5908 of office of high school committee 5926-5961 of office of union high school committee 5961-5976 of school year of high school 5925-5969-E977k of office of superintendent of public instruction 5898 of office' of directors in joint districts 5909 of office of directors in consolidated districts 5911c of office of county high school committee.' 5977g TERRITORY— annexed or detached from district 5909-5911-5911a TESTIMONY— taken upon appeal from directors 6005 none taken upon appeal from county superintendent 6006 TEXT BOOKS— prohibition in regard to - ix-16 when furnished free 5925-5977k school board designate kind— not changed— exception 5925 TIE— vote at regular election .- 5920 TIME— of apportionment of general school fund 5887 of holding institutes 5996 of annual election 5918 of examination 5991 TRANSCRIPT— of record upon appeal to county superintendent 6003 of proceedings before county superintendents 6006 TREASURER OF SCHOOL BOARD— act as judge of election for bonds 5945 of school district advertised— pay district bonds 5945f-5977s purchase territorial bonds— premium 5946 Invest funds in United States bonds— record 5946 collect interest coupons— turn over proceeds ' 5947 failure to publish call for school warrants— misdemeanor 1826 give bond— publish statement of district funds in first-class district 5922 countersign and keep account of warrants 5940-5977p take charge of moneys— pay same out 5940 render statement— failure to perform duties 5940-5911 act as judge of election 5919 of high school committee 5977n TRUANT— habitual to be brought before county court 5982 committed to parental or truant school— appeal 5983 expense of, how paid 5984 152 INDEX. TRUANT OFFICER— Section directors in first and second-class districts appoint 534 compensation — powers— duties — record 534 make complaint to coLinty court 535-536 report indigent parents or guardian 537 duty under parental or truant school act 59S2 TRUANT SCHOOLS— no religious test ix-S parent or truant child fined— imprisoned 535 to be established when — where 597S bviilding — site— location— no increase of levy 5979 duty of board of education to furnish— of city where established 5979 powers and duties of officers- course of instruction— teachers 59S0 no religious instructions in— regulation • 5981 child committed to— by county court on petition 59o2 parent notified of proceedings to commit to — 59S2 hearing — commitment — notice to parent 59S3 parent or guardian pay maintenance 59S4 board of education make rules for parole 59S5 discharge — re-commitment— monthly report .5986 violation of parole— re-committed 5987 incorrigible' child committed to juvenile reformatory 598S established in cities ov^r 25,009 under 100,000 59S9 TRUSTEES— of state normal school— number— powers 6129 governor appoint— term of office— oath 6130 superintendent of public instruction— member 6160 TUITION— school board determine rate for non-residents 5925 TUITION PEE— determined by school board 5923-5977k from non-residents of high school districts .5925 Sec. 15 u . U^^ON HIGH SCHOOL— see "High School." UNITED STATES BONDS— see' "Bonds." , V VACANCY— in office of county superintendent— how filled 13f9 of school directors — how filled ^ 5SS4 of school director 5922 in board of directors — absence may work 5934 in boards of first-class districts E924 on judges of election — how filled 5919 in county high school committee— how filled 5977g' of union high school committee— how filled 5961 , in judges of election for high school 5977d in judges of election for bonds 5977e VIOLATION— of compulsory education law — penalty •■53S VISITS— of superintendent of public instruction 5S75 VOTE— of elector rejected— when 5919-.5945b-5977q VOTER— see "electors." upon issuance of bonds— challenge 594.5b-5977q two may give notice of annual election 5918 in annual election— challenge ^^^^ INDEX. 153 W WAGES— Section school board fix amount of and pay a925-5977q of truant officer 534 WARRANTS— endorsed by county treasurer— listed— draw interest— paid 5901 in excess of tax levy unlawful 5901 county treasurer pay in order of registration— notice to present 1326 failure of county treasurer to publish call for payment of '. 1826 upon county treasurer— president sign — drawn to person indebted 5934 secretary draw and countersign E935 secretary draw and countersign— keep register of 5935 treasurer countersign and keep account of 5940 not drawn for payment of delinquent officer 5S41 rate of school interest— endorsed thereon 3164 officer not deal in 4994 YEAR— Fihool begin— end 5925-5977k-6013 NOV 2 1909 '=■',•,.">;■ i:i id •i-'-;!^;;*;-'- 1. ■' •' < fi