IOWA SCHOOL 
 OFFICERS' MANUAL 
 OF SCHOOL LAWS 
 
 1917-1919 
 
 PUBLISHED BY 
 
 HAMMOND & STEPHENS CO. 
 
 FREMONT, NEBRASKA 
 
 Copyrighted igiyby Hammond & Stephens Co., Fremont, Nebraska 
 
©C!,A472897 
 
 AUG 31 1917 
 
 > / 
 
. T'-i 3 
 
PREFACE. 
 
 This manual does not include all the laws that pertain to the public 
 schools and school officers of the state. It does include, however, all the es- 
 sential laws — those that the school officer has occasion to know in order 
 that he may perform his duties as such. Particular attention has been paid 
 to recent school legislation, a great amount of which was passed by recent 
 General Assemblies. 
 
 I have attempted to classify and arrange the school laws, explaining dif- 
 ficult matters where not easily comprehended, so. that they may be easily 
 found and easily understood, and in every case have cited the authority in 
 support of the propositions set forth. Citations, unless otherwise indicated, 
 refer to the 1915 edition of the Iowa School Laws. All matters pertaining 
 to a given topic have been placed in separate chapters, or in sub-divisions of 
 chapters. Cross references, wherever possible, are given to other sections 
 and matters bearing upon the same subject. 
 
 No attempt to be original has been made. Clearness and a proper clas- 
 sification only has been my aim. It is a common remark among lawyers, as 
 well as among laymen, that it is difficult to find a point in school laws, and 
 also difficult to reconcile sections which seem to be in conflict. That I have 
 succeeded in remedying the defects noted above in full is too much to hope; 
 but in the belief that I have succeeded in making more usable that mass of 
 legislation pertaining to the public schools and the school officer this book- 
 let is submitted. Yours respectfully, 
 
 COUNTY SUPERINTENDENT OF SCHOOLS. 
 
CHAPTER I. 
 
 THE SCHOOL SYSTEM — OFFICERS. 
 
 Sec. 1. Superintendent of Public In- Sec. 14. Rural Independent Districts 
 struction United Into School Township. 
 
 2. County ' Superintendent of 15, Formation of independent City. 
 Schools Town or Village District. 
 
 3. Boards 'of School Directors. 16. Changing Boundary Lines 
 
 4. State Board of Education. 17. Change of Boundary When 
 
 5. State Board of Educational Ex- Corporation Limits Changed, 
 aminers IS- Division of Assets and LiabiU- 
 
 6. State Board for Vocational Edu- ties, When Change In Bounda- 
 CRtiop ncs. 
 
 7. School Corporations — Classes. 19. Consolidated Independent Dis- 
 
 8. School Townships — How Formed. tricts. 
 
 9. Dividing School Townships Into 20. Transportation To and From 
 Subdistricts. School. ^ . ^ ,-, , 
 
 10. School Townships Changed to 21. Transportation Contract — Rules 
 Rural Independent Districts. and Regulations. 
 
 11. Uniting Two or More Independ- 22. School Building — Location, 
 ent Districts. 23. Organization. 
 
 12. Subdividing Independent Dis- 24. Dissolution. 
 
 tricts Into Two or More Inde- 25. State Aid to Consolidated 
 pendent Districts. Schools. 
 
 13. Attaching Territory to an Ad- 26. School Corporations May Sue or 
 joining Corporation and Restora- Be Sued. 
 
 tion. 27. County Agricultural Associa- 
 
 tions and Schools. 
 
 Sec. 1. Superintendent of Public Instrxxction, 
 
 At the head of the school system of Iowa is the Superintendent of Pub- 
 lic Instruction, charged by statute with "general supervision over rural, 
 graded and high schools of the State, and over such other State and public 
 schoools as are not under the control of the State Board of Education, or 
 Boarid of Control of State Institutions." 
 Sec. 2. County Superintendent of Schools. 
 
 The general supervision of the public schools of the county is lodged in 
 the County Superintendent of Schools. See Chapter 3. 
 Sec. 3. Boards of School Directors. 
 
 The direct management of the public schools is in the hands of the 
 school boards, but some of the authority they may exercise must first be 
 granted to them by the electors. (§2823). See Section 136 below. 
 
 Sec. 4. State Board of Education. 
 
 The State University, the State College of Agriculture and Mechanic 
 Arts, the State Teachers' College, the School for the Deaf, and the College 
 for the Blind are under the management of a state board of education, con- 
 sisting of nine members, appointed by the Governor and confirmed by the 
 Senate. This board chooses from outside its members a finance committee 
 of three, who have general supervision of the financial affairs of these in- 
 stitutions. 
 Sec. 5. State Board of Educational Examiners. 
 
 "The Educational Board of Examiners shall consist of the Superintend- 
 ent of Public Instruction, president of the university, president of the State 
 Teachers' College, president of the State College of Agricvilture and Me- 
 chanic Arts, and two persons to be appointed by the Governor, one of whom 
 shaU be a woman." (§2628, as amended by S. F. 451, 37th G. A.) All 
 teachers' certificates are issued by this board, and "all examinations shall 
 be conducted in accordance with rules and regulations adopted by the board, 
 not inconsistent with the laws of the State." (§2629.) 
 
Sec. 6. State Board for Vocational Education. — State and Federal Aid. 
 
 A State Board for Vocational Education has been created, consisting of 
 the Superintendent of Public Instruction, the president of the State Board of 
 Education, and the commissioner of the Bureau of Labor Statistics. An ad- 
 visory committee of nine members is provided for. Such board shall pro- 
 vide foor investigations "relating to prevocational and vocational training in 
 agricnltiu-al, industrial, home economics and commercial subjects, to pro- 
 mote and aid in the establishment of local communities of public schools, 
 departments and classes giving instruction in such subjects," to establish 
 standards for, to certificate teachers of such subjects in approved schools, 
 departments and classes supported and controlled by the public for the train- 
 ing of teachers and supervisors of such subjects. 
 
 The State has accepted the benefits of an Act of Congress providing for 
 federal aid to such schools on certain conditions, and for each dollar of 
 federal aid received the local community must expend an equal amount for 
 such purpose. 
 
 The Board of Directors of any school corporation may provide for such 
 instruction. — (H. F. 445, 446, 37th G. A.) 
 
 Sec. 7. School Corporations — Classes. 
 
 The classes of school corporations in Iowa are (1) school townships and 
 (2) independent districts. Independent districts may be (A) rural inde- 
 pendent, (B) city, town and village independent, or (C) consolidated inde- 
 pendent districts. 
 Sec. 8. School Townships — How Formed. 
 
 "When a new civil township is formed, the same shall constitute a 
 school township. * * *" (§2890) 
 Sec. 9. Dividing School Township Into Subdistricts. 
 
 The board of any school township may, by a majority vote of the mem- 
 bers, at the regular meeting in July, or at any special meeting called there- 
 after for that purpose, divide the township into subdistricts, such as justice, 
 equity, and the interests of the people require, and may make such altera- 
 tions of the boundaries of subdistricts heretofore formed as may be deemed 
 necessary. " * * * The boundaries of subdistricts shall conform to 
 the congressional divisions of land." (§2801.) 
 Sec. 10. School To\vnships Changed to Rviral Independent Districts. 
 
 The people of a school township may change to rural independent dis- 
 tricts under §2797. which provides that upon petition of one-third of the 
 legal voters of each subdistrict the board of the school township shall call 
 an election thereon, and, if a majority of the voters in each subdistrict vote 
 in favor of such a change, then said board shall call an election in each sub- 
 district (now a rural indenendent district) for the election of a board of 
 three directors. See also §15 below. 
 Sec. 11. Uniting Two or More Independent Districts. 
 
 Contiguous independent districts mav unite under §2799 by a majority 
 vote in each district when such a nronosition has been submitted to the voters 
 by their respective boards. Such proposition must be submitted when ten 
 voters of each district, or. if there be not ten voters in a district, then a 
 maiority of such voters, renuest that such proposition be submitted. Each 
 district must vote separately. 
 
 Sec. 12. Subdividing Independent Districts Into Two or More Independent 
 Districts. 
 
 Indenendent rlistricts mav pnbrlivide >>v maiority vote of the electors 
 of each nrnnrmed district under S2798. CThe bonrd of the original district 
 to establish the boundaries), but new districts shall contain at least four 
 sections of land, excent in case of a stream or other natural obstacle, or, 
 if such new district shall contain a town or village of one hundred or more, 
 then it may contain less than four sections, but not less than two. 
 
 .6 
 
Sec. 13. Attaching Territory to an Adjoining Corporation and Restoration. 
 
 "In any case wtiere, by reason of natvu*al obstacles, any portion oof the 
 inhabitants of any school corporation, in tlie opinion of the Comity Super- 
 intendent, cannot, witli reasonable facility, attend school in their own 
 corporation, he shall, by a written order, in duplicate, attach the part thus 
 affected to an adjoining schoool corporation, the board of the same consent- 
 ing thereto. * * * Township or county lines shall not be a bar to the 
 operation of this statute." (§2971.) Streams well bridged and distance are 
 not considered obstacles. 
 
 Territory so set off may be restored in either of two ways: (1) By 
 concurrence of both boards; (2) Upon written application of two-thirds of 
 the voters of the part set off or attached, with the consent of the County 
 Superintendent and the board which is to receive back the territory. 
 (§2792.) 
 
 Sec. 14. Riu-al Independent Districts United Into School Township. 
 
 Rural independent districts in a township may unite into a school town- 
 ship by majority vote, to be taken upon written request to the trustees of 
 one-third of the voters of the township. For the law in full see §2800. 
 Sec. 15. Formation of Independent City, Town or Village District. 
 
 "Upon the written petition of any ten voters of a city, town or village 
 of over one hundred residents to the board of the school corporation in 
 which the portion of the town pJat having the largest number of voters is 
 situated, such board shall establish the boundaries of a proposed independent 
 district, including therein all of the city, town or village, and also such con- 
 tiguous territory as is authorized by a written petition of the majority of the 
 resident electors of the contiguous territory proposed to be included in said 
 district, in not smaller subdivisions than entire forties of land, in the same, 
 or any adjoining school corporations, as may best subserve the convenience 
 of the people for school purposes, and shall give the same notices of a meet- 
 ing as required in other cases, at which meeting all voters upon the terri- 
 tory incliKJed within tlie contemplated independent district shall be allowed 
 to vote by ballot for or against such separate organization. .When it is pro- 
 posed to include territory outside the town, city or village, the voters resid- 
 ing upon such outside territory shall be entitled to vote sepai'ately upon the 
 proposition for the formation of such new district, by presenting a petition 
 of at least twenty-five per cent of the voters residing upon such outside ter- 
 ritory, and, if a majority of the votes so cast is against including such out- 
 side territory, then the proposed independent district sliall not be formed; 
 provided, that a subdistrict containing a village with a population of seventy- 
 five, or more, may, under the provisions of tlus Act, organize into an inde- 
 pendent school district." (§2794.) 
 
 Such a petition being presented, the board is bound to submit it. (172 
 Iowa 361). The posting of five notices within the proposed district of the 
 time and place of such election is all that is required. (169 Iowa 634.) 
 Under this section an independent district may be formed with less than two 
 sections of land, irrespective of the limitation in Section 2798. See Section 
 12 above. If all the subdivisions included form one contiguous body, and 
 such body is contiguous to the corporation, such subdivision is contiguous 
 within the meaning of the statute. (162 Iowa 257.) 
 Sec. 16. Changing Boundary Lines. 
 
 "The boundary lines of contigvious school corporations may be changed 
 by the concurrent action of the respective Boards of Directors at their regu- 
 lar meetings in July, or at special meetings thereafter called for that pur- 
 pose. The corporation from which territory is detached shall, after the 
 change, contain not less than foiu" government sections of land, and its 
 boundary lines must conform to the lines of congressional divisions of land. 
 In the same manner, the boundai-y lines of contiguous school corporations may 
 
be so changed that one corporation shlall be included in and consolidated 
 
 with the otlier as a single corporation." (§279 3.) 
 
 Sec. 17. Change of Boundary When Corporation Limits Changed. 
 
 "When the boiuidary line between a school township and an independ- 
 ent city or town district is not also the line between civil townships, such 
 boundary jnay be changed at any time by the conciu-rence of the Boards of 
 Directoi's; but in no case shall a f oily-acre tract of land, by the government 
 sui'vey, be divided; and such subdivisions shall be excluded, or included, as 
 entire forties. The boiuidaries of the school township, or the independent 
 district, may in the same maimer be extended to the line between civil town- 
 ships, even though by such change one of the districts shall be included with- 
 in and consolidated with the other as a single district. When the corporate 
 limits of Jiny city or town are extended outside the existing independent dis- 
 trict, or (listricts, the boimdai-ies of said independent district, or districts, 
 shall be also correspondingly extended. But in no case shall the boundaries 
 of an independent district be affecte<l by the reduction of the corporate limits 
 of a city ot town." (§2793-a.) See 165 Iowa 731. 
 
 If the boundary between an independent district and a school township 
 is the line of the civil township, it cannot be changed, unaer §279 3-A, except 
 there be an incorporated town, and then only by the extension of the cor- 
 porate limits of such town. If the independent school district includes a 
 portion of a civil township, tlie remainder of which is a school township, 
 the boundary between the districts may be changed. 
 Sec. 18. Division of Assets and Liabilities When Change in Boundaries. 
 
 "When any changes ai-e matle in the boimdaries of any school corpora- 
 tion the new corporation shall elect a Board of Directors in accoi-dance with 
 the new boundaries, and such new boaixls shall organize as provided in sec- 
 tion twenty-seven himdred fifty-seven (2757) of this chapter. .The Boards 
 of Directors in office at the time the changes are made in the boiuidaries of 
 the school coi'poration shall continue to act until the Boards of Directors 
 representing the newly formed districts have been duly organized, whereupon 
 the new boards shall make an equitable division of all assets aiid liabiUties 
 of the corporations affected; and, if they cannot agree, the matters upon 
 which they differ shall be decided by disinterested arbitrators, one selected 
 by each board having an interest therein, and if the number thus selected 
 is even then one shall be added by the County Superintendent, and the de- 
 cision of the ai'bitrators shall be matle in writing, either party having the 
 right to appeal therefrom to the district coiu't." (§2802.) 
 Sec. 19. Consolidatetl Independent Districts. 
 
 Should tlie people of a rural community wish to provide a central 
 school and furnish transportation to pupils, tliey should follow the provisions 
 of §§27 94-A to 27 9 5, inclusive, which are given below. The Thirty-fifth 
 General Assembly provided that a bonus sliall be given to all consolidated 
 independent districts. See §25. 
 Petition For — Question Submitted — Organization Completed. 
 
 "When a petition describing the boundaries of contiguous teiTitory, 
 containing not less than sixteen sections within one or more counties, is 
 signed by one-third of the electors residing in such teri-itory, and filed with 
 the County Superintendent, or, if the proi)osed consolidated district is made 
 up of a part of two or more counties, then with the Coiuity Superintendent 
 of the county in which the greatest number of freeholders in the proposed 
 district reside. 
 
 "The County Superintendent, with whom such petition is filed, shall 
 fix a time not less than five nor more than fifteen days thereafter, at which 
 time wi-itten objections to the proposed boundaries of the proi>ose<l consoli- 
 dated district may be filed with such County Supei'iiitendent by any jierson 
 residing or ovviiing land within such proposetl boundaries, or any person 
 
 8 
 
living in any subdistrict, a part of which is included in such proposed con- 
 solidated district. Notice of the time and place shall be given in a news- 
 paper published in such proposed consolidated district, if there be such 
 paper; and, if there be none, then such notice shall be published in the offi- 
 cial papers of the coimty in which the County Superintendent giving such 
 notice shall reside. 
 
 "At the time and place fixed, all objections to said proposed boimdaries 
 then filed shall be heard by such Ck)unty Superintendent upon their merits, 
 after which hearing the said County Superintendent shall fix and determine 
 the boimdaries of the proposed consolidated district. The iiiMng upon such 
 objections and fixing of boimdaries shall be made in \\Titing within five days 
 after the same have been finally submitted. Any person having filed such 
 objections and being aggrieved by the ruling of the County Superintendent, 
 may appeal therefrom to the County Board of Education within five days 
 after the ruling is filed by the County Superintendent, and shall serve no- 
 tice on said Coimty Superintendent. When the County Superintendent is 
 notified that an appeal has been taken from the ruling, such Coimty Super- 
 intendent shall, within five days thereafter, file Avith the County Board of 
 Education all of the original papers, together with the transcript of the pro- 
 ceedings before the County Superintendent. When the time for taking such 
 appeal has expired, the County Board of Education shall fix a time not later 
 than ten days thereafter when all such appeals shall be heard; the persons 
 taking such appeal shall serve notice thereof upon the persons or school 
 corporations in interest by posting notices in five conspicuous places in said 
 proposed district, giving at least five days' notice of the time and place 
 where such appeal will be heard. The Coimty Board of Education shall de- 
 termine such appeal within three days after the submission thereof, which 
 decision shall be final as to said boundaries. 
 
 "If no objections be filed, or if, after final hearing, the objections are 
 not sustained, and the said petition is approved, it shall be the duty of said 
 Board of Directors, Avithin ten days, to call an election in the proposed con- 
 solidated district, notice of which shall be given by publication in one issue 
 of some paper published in the proposed consolidated district, if one is so 
 published. If there be no such paper, the notice shall be published in one 
 issue of the official papers of the countv oi* counties in which the proPOs*^d 
 consolidated district is located, at which election all voters residing in the 
 proposed consolidated district shall be entitled to vote by ballot for or 
 against such separate organization. 
 
 "When it is proposed to include in such district a school corporation 
 containing a city, town or village, with a population of one hundred or more 
 inhabitants, the voters residing upon the territory outside the limits of the 
 said school corporation shall vote separately upon the proposition to create 
 such new district. The judges of said election shall provide separate ballot 
 boxes in which shall be deposited the votes cast by the voters from their 
 respective territory, and if a majoritv of the votes cast by the electors re- 
 siding either within or without the limits of such city, town or village, is 
 against the proposition to form a consolidated independent corporation, then 
 the proposed corporation shall not be formed. If a majority of the votes so 
 cast in each territory shall be in favor of such independent organization, the 
 organization of the proposed consolidated independent school corporation 
 shall be completed by the election of a Board of Directors for said school cor- 
 poration, as provided in section twenty-seven hundred ninety-five of the 
 Code, and, when so organized, shall not be reduced to less than sixteen sec- 
 tions unless dissolved as provided by this Act. 
 
 "No remaining portion of any school corporation from which territory 
 is taken to form such a consolidated independent coriJoration shall, after the 
 change, contain less than fom* government sections, which territory shall be 
 
contiguous and so situated as to form a suitable coi*poration. In the forma- 
 tion of such consolidated school coi-poration the boiuidary lines shall con- 
 form to those of coi'porations or district already established, so far as prac- 
 ticable, and, in case the boundary of such district be a public highway, then 
 the said consolidated district may include such tracts of 160 acres, or less, 
 as ai-e contiguous to the said highway, and the County Superintendent, after 
 a full and fair hearing, gives his approval. And where, after the formation 
 of such consolidated school corporation, there is left in any school township 
 one or more pieces of territory containing foui- or more government sections, 
 each of such pieces of teriitory shall thei-eof become a riu*al independent 
 school corporation, unless two or more subdistiicts remain in a contiguous 
 body, in which event such remaining portion of territory shall constitute a 
 school towTJshin, and it shall be the duty of the officers of the former school 
 township to call an election in each of such remaining pieces of territory for 
 the purpose of electing school officers in the manner pi'ovided by law for the 
 election of officers in rural independent school and school township organi- 
 zations. 
 
 "All costs incurred shall be paid by the school district in which such 
 consolidation is proposed." (2794-A, as amended by S. F. 579, 37th G. A.) 
 
 A form of a petition to establish a consolidated independent district is 
 given on page 214 of the School Laws, to which the reader is referred. 
 Board to Organize — When — Tax L/evy. 
 
 "The organization of the School Board in consolidated indeoendent school 
 coniorations shall be effected on or l>efore the first day of Jvily, following 
 their election, and, when comidete<l,all taxes previously certified shall be void 
 so far as the propei-ty within the limits of the consolidated independent school 
 corporation is concerned, and tlie board of said consolidated independentschool 
 corporation shall at a regular meeting, or a special meeting called for the 
 purpose, at anv time prior to the third IMonday in August of each year, levy 
 for the general fund of said school the amount of all necessary taxes for all 
 school purposes, which shall not excee<l fiftv ($50.00') dollars for each per- 
 son of school age, except that, where an apni'oved high school course is 
 maintained in such school, the le\'y may be sixty dollars for each person of 
 school age, the amount so IcAied to be certified by them to the County Board 
 of Supervisors on or before the first Monday of September, in each year, and 
 the Boai'd of Supervisors shall levy said tax at the same time, and in the 
 same manner that other school taxes are required to be levied." (§2794- 
 A-C-B.) 
 
 Sec. 20. Transportation to and Prom School. 
 
 "It shall be the duty of the School Boai'd of any consolidated independ- 
 ent school corporation and school township maintaining a central school to 
 provide suitable transportation to and from school, for every child of school 
 age living within said district, and outside the limits of any city, tOAvn or 
 village, but the board shall not be i-equired to cause the vehicle of transpor- 
 tation to leave the public highway to i-eceive oi* discharge occvipants thereof. 
 The boai'd shall, from time to time, by resolution I'egvilarly adopted, num- 
 ber and designate the route to be traveled by each conveyance in transport- 
 ing children to and from school. The School Board may require that chil- 
 dren living an unreasonable distance from school shall be transported by 
 the parent, or guardian, a distance of not to exceed t^vo miles, to connect 
 with any vehicle of transportation to and from school; or may, in the dis- 
 cretion of the board, contract with an adjoining school corporation for the 
 instrviction of any child living an unreasonable distance from school, and 
 they shall allow a reasonable amount of compensation for the transportation 
 of children to and from the point where they are taken over, or discharged 
 from the vehicle used to convey them to and from school, or for transport- 
 ing to an adjoining disti'ict. In determining what an unreasonable distance 
 
 10 
 
would be, consideration sliall be given to the number and age of the chil- 
 dren, the condition of the roads, and the number of miles to be traveled 
 in going to and from school. .The board shall have the right, on accoimt of 
 inclemency of the weather, to suspend transportation of any route upon any 
 day, or days, when, in the judgment of the said board, it would be a hard- 
 ship on the children, or when the roads to be traveled are unfit or impassa- 
 ble." (§2794-a (c) ). 
 
 Sec. 21, Transportation Contracts — Rules and Regulations. 
 
 See §2794-a (d). 
 Sec. 22. School Building — Location. 
 
 "It shall be the duty of the School Board of any consolidated independ- 
 ent district to provide a suitable school building within such district, and 
 shall, at any regular meeting, or at a special meeting called for that pur- 
 pose, submit the question of levying a tax for the building of any school 
 building suitable for the needs of the district, or for the building of a super- 
 intendent's or teacher's house, or for the repairing of any school building 
 where the cost of such repairs exceeds the sum of two thousand ($2,000) 
 dollai's, to the qualified voters of said district, and all moneys received from 
 such soxu'ce to be placed in the schoolhouse fmid of said coi*poration, and to 
 be used for such pmposes only. In locating said building they shall take 
 into consideration the geographical position, number and convenience of the 
 scholars, and may submit the question of location to the voters of the dis- 
 trict at any regular or special meeting called for that purpose; providing, 
 that, whenever a city, town or village containing a school population of twen- 
 ty-five (25), or more, is included within any consolidated independent dis- 
 trict, then said building shall be located within the incorporated limits of 
 said city, towii or village, or vipoh land contiguous to such limits, on such site 
 as the School Board may detennine." (§2794-A-(e.) ' 
 
 Sec. 23. Organization. 
 
 "If the proposition to establish an independent district carries, then the 
 same board shall give the usual notice for a meeting to choose a Board of 
 Directors. Two directors shall be chosen to serve until the next annual 
 meeting, two until the second, and one mitil the third annual meeting there- 
 after. The board shall organize by the election of officers in the usual man- 
 ner." (§2795.) 
 
 "Organization is effected on the third Monday in March." (§2757.) 
 Sec. 24. Dissolution. 
 
 A dissolution of a consolidated district may be effected by majority vote 
 under §2794-A (f.) 
 Sec. 25. State Aid to Consolidated Schools. 
 
 Consolidated schools wherein the departments and equipment for teach- 
 ing agriculture, home economics, and other industrial or vocational subjects 
 are provided, employing teachers qualified and empowered to teach the 
 above named subjects, and wherein the above-named subjects are taught, 
 subject to the approval of the Superintendent of Public Instruction, shall be 
 paid from the State treasury as follows: For a two-room building, $250 for 
 equipment and $200 annually; for a three-room building, $350 for equip- 
 ment and $500 annually; for a four-room building, or larger, $500 for 
 equipment and $7 50 annually; provided, however, that, if the annual ap- 
 propriation of $100,000 is insufficient to pay the above amounts to all 
 schools, then each shall receive an amount in proportion to the amount they 
 would have received had such appropriation been sufficient. (§2794-b, c, d.) 
 No consolidated school having a high school department maintaining a nor- 
 mal training course shall receive additional aid for maintaining the normal 
 training course. (§2794-F.) 
 Sec. 26. School Corporations May Sue or Be Sued. 
 
 See §2743. , . 
 
 11 
 
Sec. 27. Coiuity Agricultural Associations and Schools. 
 
 A coiporation may be foriiied in each county for advancing the science 
 and art of agriculture, domestic science, animal husbandry, and horticul- 
 ture. Such corporations may establish an agricultural school, in which above 
 subjects shall be taught. (§§1683-a-e, Supp. Supp., 1915) 
 
 CHAPTER II. 
 
 THE DEPARTMENT OF PUBLIC INSTRUCTION. 
 
 Sec. 28. The State Superintendent. Sec. 31. Inspector of Normal Training 
 
 29. Deputy Superintendent and In- Hi,gh Schools. 
 
 specters. 32. Inspector of Rural Schools. 
 
 30. Powers and Duties of State 33. Some Other Duties of State Su- 
 Superintendent. perintendent. 
 
 Sec. 28. The State Superintendent. 
 
 At the general election in 1918, and every four years thereafter, a 
 superintendent of public instruction shall be elected by the qualified voters 
 of the State. (S. F. 494, 37th G. A.) He shall be a graduate of an accred- 
 ited university or college, or of a four-year course above high school, of an 
 accredited normal school, and shall have had at least five years' experience 
 as a teacher or school superintendent. (§2627-B.) 
 
 Sec. 29. Deputy Superintendent and Inspectors. 
 
 The State Superintendent may appoint a deputy, whose appointment 
 must be approved by the Governor, and shall appoint regular inspectors of 
 the public schools of the State, including rural, graded and high schools, as 
 he may deem necessary, not exceeding three. (§2627-G.) 
 Sec. 30. Powers and Duties of State Superintendent. 
 
 Without noting many of the powers and duties of the State Superin- 
 tendent, which are already well enough known for most purposes, suffice it 
 to say that a recent legislature enacted a law giving him the power to classi- 
 fy the rural, graded and high schools of the State, and to furnish courses 
 of study tjierefor. 
 
 Section 2627-C contains the following provisions concerning high 
 schools and other rural and graded schools of the State: 
 
 "3. The Superintendent of Public Insti'uction shall have general super- 
 vision and control over the riu-al, graded and high schools of the State. 
 
 "It shall be his duty: 
 
 "4. To classify and define the various schools belonging to his de- 
 partment, and to formulate suitable coiu'ses of study therefor, and to pub- 
 lish and distribute such classifications and covir.ses of study. 
 
 "5. To prescribe the reports, both i-egular and special, which shall be 
 made by public school officers, superintendents and teachers, and other per- 
 sons or officers having the custody or control of public school fluids or prop- 
 erty, and to prepai'e suitable foiins therefoi", and to fiu-nish blanks for such 
 reports as are made to him." 
 
 Under the above sections, the State Superintendent, through the Inspec- 
 tor of the State High and Graded Schools, has classified the public high 
 schools of the State into four-year high schools, three-year high schools, 
 two-year high schools, and one-year high schools; has designated a course 
 of study and other requirements for each class, and, according to the stand- 
 ard of a school, will designate it as belonging to one of the above classes. 
 This does not mean that a school corporation must support a high school, 
 but that, if one is maintained, its class will be determined by the Department 
 of Public Instruction, and that it must follow the course of study, which is 
 flexible and admits of many electives to be taught, and must come up to cer- 
 tain standards as to library, length or recitation periods, laboratory equip- 
 ment, number of teachers, etc., depending upon its class, jirovided it be- 
 comes an approved high school. 
 
 12 
 
The tuition law, providing that the tuition of pupils completing the 
 eighth grade of the home corporation not supporting a high school may at- 
 tend any high school that will receive them, their tuition to be paid by their 
 home corporation, has been modified by Section 273o-la, as amended by 
 H. F. 70, 37th G. A., which provides that such high school must be approved 
 by the Department of Public Instruction. For this law in full see §210. 
 The significant portion of the law as to the approval is as follows: 
 
 "Any person of school age who is a resident of a school corporation 
 which does not offer a foiu-yeiii' liigli school course, and who has completed 
 the course as approved by the Department of Pubhc Instruction for such 
 corporation, shall be permitted to attend any public high school or county 
 high school in the state, apijroved in like manner, that will receive him." 
 
 Under the above section the course of study of corporations receiving 
 eighth-grade graduates from other corporations, in order to collect tuition 
 from the corporation of the pupil's residence, must be approved by the State 
 Department. Information concerning the conditions of approval may be ob- 
 tained from the Department of Public Instruction, Des Moines, Iowa. 
 Sec. 31. Inspector of Normal Training in High Schools. 
 
 To increase the facilities for training teacners for the rural schools, pro- 
 vision is made for normal courses in high schools of the State that meet 
 certain standards. (§2634-B3.) Each scnool so approved receives $750 an- 
 nually. Under authority of the above provisions an inspector of normal 
 training in high schools has been appointed by the State Superintendent, 
 and it is his duty to formulate courses of study for pupils taking the normal 
 course, and to supervise their instruction in such schools. 
 Sec. 32. Inspector of Riu*al Schools. 
 
 The State Superintendent is given power to classify and define the 
 various schools and to furnish courses of study therefor, and, as noted 
 above, he may appoint an inspector of rural schools. Accordingly, he has 
 a,ppointed such an inspector, and has issued "A Course of Study and Manual 
 of Methods for the Elementary Schools of Iowa." In effect, all rural 
 schools must follow this course of study, for no one may have tuition paid 
 by his home district when he attends a high school unless he has "com- 
 pleted the course as approved by the Department of Public Instruction " 
 (§2733-A 1, as Amended by H. F. 70, 37th G. A.) 
 Sec. 33. gome Other Duties of the State Superintendent. 
 
 He hears and decides cases appealed from the decision of the County 
 Superintendent (§2820); he is president of the Educational Board of Ex- 
 aminers (§2628); he appoints the time and approves of the faculty of nor- 
 mal institute; prepares and distributes school laws; makes a biennial report 
 to the Governor; publishes and distributes special day booklets; prepares 
 examination questions for teachers' and eighth-grade examinations; pro- 
 motes such changes and improvements in the schools by addresses and bul- 
 letins as lie may think desirable. (§2627-C) 
 
 CHAPTER III. 
 
 THE COUNTY SUPERINTENDENT. 
 
 Sec. 34. Election — Term. Sec. 3;^. Examinations. 
 
 35. Qualification. 40. Teachers' Institutes. 
 
 36. Salary. 41. Appeals. 
 
 37. Deputy County Superintendent. 42 Reports. 
 
 38. Powers and Duties — Enforces 43. Board of Education. 
 School Laws. 44. Visitation of Schools. 
 
 45. Miscellaneous. 
 Sec. 34. Klection — Term. 
 
 On the first Tuesday in April, 1915, and each third year thereafter, a 
 convention shall be held at the county seat for the purpose of electing a 
 County Superintendent of Schools, whose term of three years shall begin on 
 
 13 
 
the first secular day in September following. Vacancies shall also be filled 
 in lilie manner. (§2734-B 1.) 
 
 At this convention each school township, city, town or village inde- 
 pendent district, and each independent consolidated independent district in 
 the county shall be entitled to one vote. 
 
 "Each such school coiporation shall be represented at the convention 
 by the president of the School Boai-d, or, in his absence or inability to act, 
 by some member of such School Board, to be selected by the board. It is 
 fui'ther provided, however, that vvliere a congressional townsliip is composed 
 in whole, or in part, of rui-al iiidependent districts that such rural independ- 
 ent districts shall be entitled to one vote in the convention, which vote shall 
 be cast by such person as may be selected by the presidents of the component 
 rural independent districts within such township at a meeting to be held at 
 such time and place as the coimty auditor shall fix in the written notice 
 hereinafter provided for. All representatives to such convention shall serve 
 until a coiuity superintendent is elected and qualified. Such convention 
 shall be called by the coimty auditor by mailing a written notice to the presi- 
 dent and secretary of each school corporation at least ten days prior to the 
 date of such convention, and by the publication of such notice in the official 
 newspapers published in the coimty. The coiuity auditoi' shall be the secre- 
 tary of such convention, and shall call the sjune to ordei', and submit a list 
 of the school corporations entitled to particijiate in such conventions. Said 
 convention shall organize by the selection of a chairman, and, when so or- 
 ganized, shall elect a county superintendent of schools, who shall possess 
 the qualifications re<iuired by law, and. shall hold the office for the term of 
 three years, and until his successor is electe<l and qualifietl. Such conven- 
 tion may, by a majority vote, select a committee, consisting of five members, 
 whose duty shall be to investigate the vai-ious candidates for the office of 
 county superintendent, and report to said convention at a subsequent day, to 
 which the convention may adjom-n, or by a thiee-foiu-ths vote of such con- 
 vention, said committee may be authoiized to elect a coimty superintendent 
 arid file its election with the coimty auditoi-, and said person shall be deemed 
 duly elected to such office. A majoiity of rcipi-esentatives herein pi'ovided 
 shall constitute a quorum, such lepresentatives to receive t«n (10c) cents 
 l)er mile one way for the distance necessarily traveled in attending such 
 convention, to be paid from the county treasiu-y." (§1072.) 
 Sec. 35. Qualification. 
 
 "The County Supei'intendent, who may be of either sex, shall be the 
 holder of a regular five-year State cei-tificate or a life diploma, and shall 
 have had at least five yeai's' experience in teaching or siii)ei'iiitending, but 
 this provision as to expei'ience shall not apply until September 1, 1918; pro- 
 videtl that any Coimty Superintendent of Schools now serving shall be 
 deemetl eligible to re-appointment or i-e-election imder this Act." He may 
 be selected from outside the county, and even from outside the State. 
 (§2734-B.) 
 Sec. 36. Salary. 
 
 "From and after the first day of September, nineteen hun'dred fifteen 
 (1915), County Superintendents shall receive the following salary, payable 
 monthly, and the representatives of the school corporations in session may 
 allow them such fui-ther sum by way of compensation as may be just and 
 proper : 
 
 "He shall receive a salary of fifteen hundred dollars a yeai", the ex- 
 penses of necessiu'y office stationery and postage, and those incurred in at- 
 tendance upon meetings called by the Superintendent of Public Instruction; 
 claims therefor to be made by verified statements file<l with the county 
 auditoi', who shall draw his wari'ant upon the county treasui-er therefor; 
 and the Board of Supervisoi-s may allow him such further sum by way of 
 compensation as may be just and i»r<)per." (§2742.) 
 
 14 
 
He shall also receive his actual and necessary traveling expenses in- 
 curred in the performance of his official duties, but the total amount for 
 any one year shall not exceed $250. (§2734-B.) 
 
 In addition the expenses of necessary office stationei'y and those in- 
 curred in attendance upon meetings called by the State Superintendent are 
 paid. (§2742.) 
 Sec. 37. Deputy Coimty Superintendent. 
 
 He may appoint a deputy, with the approval of the Board of Supervisors 
 entered of record, for whose acts he shall be responsible, and who may act 
 in his stead except in visiting schools and trying appeals, the salary of such 
 deputy to be fixed by the convention referred to in §31 above. (§2734-B, 
 as amended by S. F..168, 37th G. A.) 
 Sec. 38. Powers and Duties — Enforces School Laws. 
 
 "The Covuity Sviperintendent shall see that all provisions of the school 
 law, so far as it relates to the schools or school officers within his coiuity, 
 are observed and enforced, specially those relating to the fencing of school- 
 house groiuids Avith bai'b wire, arid the introduction and teaching of such di- 
 visions of physiology and hygiene as relate to the effects of alcohol, stimu- 
 lants and narcotics upon the hiunan system, and to this end he may requu'e 
 the assistance of the county attorney, who shall, at his request, bring any 
 action necessary to enforce the laAv or recover j)enalties inciuTed." (§2740.) 
 Sec. 39. Examinations. 
 
 He conducts teachers' examinations (§2734-C), may request that a spe- 
 cial teachers' examination be held in the county, and conducts the same 
 (§2734-S), conducts examinations in January and May of each year for grad- 
 uation from the normal training course of schools supporting such a course 
 (§26 34-B6), conducts examinations for graduation from the eighth grade 
 (§2733-1 a, as Amended by H. F. 70, 37th G. A.), keeps a record of all 
 teachers' examinations (§2734-F), in examinations for uniform county cer- 
 tificates, shall forward to the State Superintendent his estimate of each ap- 
 plicant's personality and general fitness, other than scholarship, for the 
 work of teaching, and grades the answer papers of applicants in the subject 
 of didactics (§27 34-M), collects the fee of $1 from each applicant for a cer- 
 tificate, and pays one-half to the county treasurer and one-half to the State 
 treasurer (§2734-P). He may revoke certificates for cause (§2734-U), sub- 
 ject to appeal to the State Superintendent. See §41 below. 
 Sec. 40. Teachers' Institutes. 
 
 For a discussion of this topic see §19 0. He may also conduct a four to 
 six weeks' summer school when deemed advisable. (§2738.) 
 Sec. 41. Appeals. 
 
 Appeals to County Superintendent. "Any person aggrieved by any de- 
 cision or order of the Board of Directors of any school conioration in a mat- 
 ter of law, or fact, may, within thirty days after the rendition of such de- 
 cision, or the making of such order, appeal therefrom to the Coimty Super- 
 intendent of the proper coimty; the basis of the proceedings shall be an affi- 
 davit filed with the Coimty Superintendent of the party aggrieved within 
 the time for taking the appeal, which affidavit shall set forth any error 
 complained of in a plain and concise manner." (§2818.) 
 
 Hearing and Decision. "The Coimty Superintendent shall, within five 
 days after the filing of such affidavit in his office, notify the secretary of 
 the proper school coi-poration in AVTiting of the taking of such appeal; the 
 latter shall, ^vithin ten days after being thus notified, file in the office of the 
 Coimty Superintendent a complete transcript of the record and proceedings 
 relating to the decision complained of, which transcript shall be certified 
 to'be correct by the secretary; after the filing of the transcript aforesaid the 
 Coimty Superintendent shall notify, in writing, all persons adversely inter- 
 ested of the time and place where the matter of the appeal will be heard by 
 
 15 . 
 
him. At the time fixed for the hearing he shall hear testimony for either 
 party, and he shall make such decision as may be jvist and equitable, which 
 shall be final unless appealed from as hereinafter provided." (§2819.) 
 
 Appeal to State Superintendent — No Money Judgment. "An appeal may 
 be taken from the decision of the County Superintendent to the Superintend- 
 ent of Public Insti'uction in the same manner as provided in this chapter for 
 taking appeals from the board of a school corporation to the County Super- 
 intendent, as neai'ly as apijlicable, except that thii'ty days' notice of the ap- 
 peal shall be given by the appellant to the Comity Superintendent, and also 
 to the adverse party. The decision, when made, shall be final. Nothing in 
 this chapter shall be so construed as to authorize either the County or State 
 Superintendent to render judgment for money; neither shall they be allowed 
 any other compensation than is now allowed by law. All necessary postage 
 must first be paid by the party aggrieved." (§2820.) 
 
 Sec. 42. Reports. 
 
 He is required to make a report to the State Superintendent not later 
 than the last Tuesday in August (§2739). For a failure to file this report 
 he shall forfeit $50 to the school fund of the county, and shall be liable for 
 all damages caused thereby (§2741), and is guilty of a misdemeanor. At 
 the same time he shall file with the county auditor a statement of the num- 
 ber of persons of school age in each school corporation in the county 
 (§2739). He shall also report to the superintendent of the College for the 
 Blind the names, ages and address of every resident of the county so blind 
 as to be unable to secui-e a common school education, to the superintendent 
 for the feeble-minded all persons of scliool age who, because of mental defects, 
 are entitled to admission therein (§2739), and shall report to the superin- 
 tendent of the Institution for the Deaf and Dumb, by November 1, the name, 
 age and address of every resident of the county between the ages of 5 and 35 
 years, deaf or dumb, or so deaf as to be unable to secure an education in 
 the common schools (§2724.) He shall file on the first Monday in each 
 month an itemized and verified statement of expenses incurred during the 
 previous month in the discharge of his official duties, and on the first Mon- 
 day in September shall file with the president of the Educational Board of 
 Examiners a list of persons who have held certificates, and have attended 
 normal institute, with the number of days' attendance of each. (§2734-V. ) 
 
 Sec. 43. Board of Education. 
 
 The County Superintendent is a member and chairman of the Board of 
 Education, and, when one-third of the voters of the county petition to sub- 
 mit the proposition for county uniformity of textbooks to the voters, the 
 County Superintendent shall immediately notify the other members of the 
 board. (Other members are the auditor and Board of Supervisors.) And 
 within fifteen days of the filing of the petition sliall meet and provide for 
 submitting the proposition to the voters at the next annual meeting of the 
 electors (§2831), and, when such proposition carries, shall proceed to adopt 
 books for all rural corporations for the next five years. Notice must be pub- 
 lished as to time and place of adoption (§2828). He is custodian of text- 
 books submitted, and, unless otherwise ordered by the board, lias charge 
 of the distribution of bool<;s among depositories (§28 32.) In counties where 
 there is not uniformity of textbooks the Board of Directors in rural districts 
 must consult the County Superintendent before adopting books for their 
 district (§2828.) 
 
 Sec. 44. Visitation of Schools. 
 
 He shall visit the different schools in his county at least once during 
 the school year, and also, when requested by the majority of the directors 
 of any school corporation, and shall, at the request of the State Superintend- 
 ent, visit and report upon such schools as may be designated. (§2734-B.) 
 
 16 
 
Sec. 45. Miscellaneous. 
 
 In all matters triable before him he shall have power to issue sub- 
 poenas for witnesses (§2821), approves plans for the erection or repair of 
 schoolhouses where cost exceeds $300 (§2779), may authorize the -Board of 
 Directors to shorten the time for holding school to a shorter period than six 
 months (§2773), shall call the attention of the board to the fact, if such it 
 be, that less than twelve thrifty trees are growing on the school ground 
 (§2787), gives notice of the first meeting for the election -of directors when 
 a civil township is formed (§2790), appoints three referees to ascertain the 
 damages when the owner of real estate desired for a school site, or school 
 road, neglects or refuses, or is unknown or cannot be found, to convey the 
 same (§2815), and gives due notice thereof, helps enforce the compulsory 
 attendance law (§2823-F), may attach territory to another corporation 
 when, by reason of natural obstacles, pupils cannot, with reasonable facility, 
 attend school in their own corporation (§2791), may permit pupils to attend 
 school in another corporation when said pupils reside nearer a school in 
 another corporation than in their own, and one and one-half miles, or more, 
 from a school in the corporation of their residence (§28 03), distributes 
 school laws to school officers and to others requesting them (§2823-J), is 
 chairman and a member of the Board of Trustees in counties having a coun- 
 ty high school (§2728), and serves as the organ of communication between 
 the Department of Public Instruction and the various officers and- instructors 
 in his county. (§2734-B.) 
 
 CHAPTER IV. 
 
 BOARD OF DIRECTORS. 
 
 Sec. 46. Election — Qualification — Term. Sec. 61. Erection or Repair of School- 
 
 47. Organization and Meetings of house. 
 
 tlie B'bard. 62. Locates Schoolliouse and Deter- 
 
 48. Place of Meeting. mines Where Pupil Shall At- 
 
 49. Quorum — Vacancies. tend. 
 
 50. Powers and Duties. 63. Higher or Union Schools. 
 
 51. Contracts — Election of Teach- 64. Renting Room — Transportation 
 ers. of Pupils. 
 
 52. Rules and Regulations — Use of 65. Approves Bonds of Banks 
 Tobacco Prohibited. Wliere School Funds Are De- 
 
 53. Discharge of Teachers— Expul- posited. 
 
 sion of Pupil. 66. Must Maintain Water Closets. 
 
 54. Appeals. 67. Must Provide Flags for Schools. 
 
 55. Allowance of -Claims. 68. Entrance and Exit Doors to 
 
 56. Changing Boundaries and Unit- Schoolrooms to Open Outward, 
 ing and' Subdividing Corpora- 69. May Establish "Park Life" 
 tion. Schools. 
 
 57. Submitting Propositions to 70. May Permit Use of Schoolhouse 
 Electors and Carrying Into Ef- — When. 
 
 feet Instruction of "Voters. 71. Evening Schools Authorized. 
 
 58. Fix Salary of Officers. 72. Use of School Building for 
 
 59. Employing Counsel. Public Recreation Grounds. 
 
 60. Taxation and Indebtedness. 73. Trees — Fence. 
 
 74. Purchase of Library Books. 
 
 Sec. 46. Election — Qualification — Term. 
 
 "The affairs of each school corporation shall be conducted by a Board 
 of Directors, the members of which in all independent school districts shall 
 be chosen for a term of three years, and in all subdistricts of school town- 
 ships for a term of one year." (§274 5.) 
 
 As to who may be director see §154. 
 
 Subdlrectors are elected on the first Monday in March, but, when the 
 school township is not divided into subdistricts, the three members of the 
 board shall be elected at, large on the second Monday in March. There is 
 this exception also: Where there is an even number of subdistricts a direc- 
 tor-at-large shall also be elected on the second Monday in March (§2752). 
 
 17 
 
In all other corporations directors are elected on the second Monday in 
 March. (§2754.) 
 
 See also §§132 and 151. 
 Sec. 47. Organization and 3Ieetings of the Boai-d. 
 
 "The Board of Directoi-s of all independent city, town, and village cor- 
 porations, school townships maintaining school or schools with high school 
 departments, and consolidateil independent districts, shall organize on the 
 third Monday in' Maich, and those of all other school corporations on the 
 first day of July, unless that date falls on Sunday, in which case the day 
 following. 
 
 "Such organization shall be effected by the election of a president from 
 the members of the board, who shall be entitled to vote as a member. Such 
 si>ecial meetings may be held as may be determinetl by the board, or called 
 by the president, or by the secretary vipon the wi'itten request of a majority 
 of members of the board, upon notice specifying the time and place, deliv- 
 ei'ed to each member in person, but attendance shall be a waiver of notice." 
 (§2757.) See also §110. 
 
 Receipt over the telephone of notice of a special meeting is sufficient. 
 (159 N. W. (la.) 687.) "The st^itute does not authorize a mailing of notice, 
 and, in the absence of any such authority, we ai-e imwilling to hold that an 
 attempt to give notice by mail, which does not reach the member to be noti- 
 fied, is sufficient." 157 Iowa 181.) 
 Sec. 48. Place of Meeting. 
 
 " * * * Such meetings shall be held at any place within the civil 
 towaiship within which the corporation is situated. * * * " (§2757.) 
 Sec. 49. Quorum — Vacancies. 
 
 "A majority of the Boai"d of Directors shall constitute a quorum for the 
 transaction of business, * * * " (§2771.) 
 Sec. 50. Powers and Duties. 
 
 In §§98 to 116, inclusive, are enumerated many of the important mat- 
 ters that will engage the attention of the board, and the reader is referred 
 to these for the law thereon: 
 
 1. Settlement with the Secretary and Treasurer. (§107.) 
 
 2. Oath Required of Members of the Board. (§107.) 
 
 3. Approval of Bonds of Secretary and Treasurer. (§113.) 
 
 4. Period Schools Must Be in Session. (§114.) 
 
 5. Rules and Regulations for School Government. (§§116 and 192.) 
 
 6. Repairs — Use of Barb Wire Prohibited. (§117.) 
 
 7. Teachers' Wages. (§§119 and 198.) 
 
 8. Number of Schools to Be Taught. (§120.) 
 
 9. Vacations — Holidays — Intermissions. (§116.) 
 
 10. Employment of Teachers. (§121.) 
 
 11. Books for Indigent Children. (§122.) 
 
 12. Scope of Subdirector's Authority. (§121.) 
 
 l6. Tuition of Pupils in High School. (§§124 and 210.) 
 
 14. Provides for Visitation of Schools. (§125.) 
 
 15. Taxation. (§§126 and 218 to 230, inclusive.) 
 
 16. Compulsory Attendance Law. (§211.) 
 
 OTHER POWERS AND DUTIES, 
 Sec. 51. Contracts — Election of Teachers. 
 
 "The board * * * shall elect all teachers and make all contracts 
 necessary or proper for exercising the powers grante<l and performing the 
 duties re<iuired by law. But the board may authorize any subdirector to 
 employ teachers for the schools in his subdistrict." The board may not em- 
 ploy teachers for a longer peiiod than the school year (107 Iowa, 29) (the 
 year ends on June 30), except that the Board of Directors of each independ- 
 
 18 
 
ent school district of any city, town, village, and of each consolidated school 
 district shall have the power to employ a superintendent of schools for the 
 term not to exceed three years; provided, however, that no such contract be 
 made until the superintendent has served at least one year in the position 
 to which it is proposed to elect him for the longer period. (§2778.) 
 
 See also §§78 and 99. 
 Sec. 52. Rules and Regulations — Use of Tobacco by Pupils Prohibited. 
 
 The board is given power to make rules and regulations for its own 
 government and that of the directors, officers, teachers and pupils, and 
 the care of the schoolhouse, grounds and property of the corporation, and 
 in the enforcement of the same. (§2772.) Such rules and regulations, 
 however, must be reasonable. In 56 Iowa 476, the Supreme Court of Iowa 
 said: 
 
 "The State does not deprive citizens of their property or their liberty, 
 or of any rights, except as a punishment for a crime. It would be very 
 harsh and obviously unjust to deprive a child of education for the reason 
 that, through accident and vrithout intention of wrong, he destroyed prop- 
 erty of the school district. Doubtless a child can be expelled from school 
 as a punishment for breach of discipline, or for offense against good morals, 
 but not for innocent acts. In this case the plaintiff was expelled, not be- 
 cause he broke the glass, but because he did not pay the damage sustained 
 by the breaking. The rvile reqviiring him to make payment is not intended 
 to secure good order, but to enforce an obligation to pay a sum of money. 
 We are clearly of the opinion that the directors have no authority to pro- 
 mulgate or enforce such a rule." The board shall prohibit the use of to- 
 bacco by all pupils, and may suspend or expel for violation of this rule. 
 (§2772.). See further, §192. 
 
 Sec. 33. Discharge of Teacher — Expulsion of Pupil. 
 
 §§166, 180, 193. 
 Sec. 54. Appeals. 
 
 See §41 for the law in full concerning appeals. 
 Sec. 55. Allowance of Claims. 
 
 "It shall audit and allow all just claims against the corporation, and 
 no order shall be drawn upon the treasury imtil the claim therefor has been 
 audited and allowed. * * * " (§2780.) 
 Sec. 56. Changing Boundaries and Uniting and Subdividing Corporation. 
 
 See §§10 to 18, inclusive. 
 Sec. 57. Submitting Propositions to the Electors, arid Carrying Into Effect 
 Instruction of Voters. 
 
 See §§129 and 137. "The board shall carry into effect any instruction 
 from the annual meeting upon matters within the control of the voters. 
 * * * " (§2778) 
 
 Sec. 58. Fix Salary of Officers. 
 
 No school director may receive a salary for official services rendered. 
 The secretary may receive a salary, but not so the treasurer. (§2780.) 
 Sec. 59. Employing Counsel. 
 
 " * * * In all cases where actions may be instituted by or against 
 any school officer to enforce any provision of law, the board may employ 
 counsel, for which the school corporation shall be liable." (§2759.) 
 Sec. 60. Taxation and Indebtedness. 
 
 See §§218 to 230, inclusive. 
 
 See also §127. 
 Sec. 61. Erection or Repair of Schoolhouse. 
 
 "It shall not erect a schoolhouse without first consulting with the Coun- 
 ty Superintendent as to the most approved plan for such building, and secur- 
 
 19 
 
ing his approval of the plan submitted, nor shall any schoolhouse be erected 
 or repaired at a cost exceeding three hundred dollars, save under an express 
 contract retluced in writing, and upon proposals therefor, invited by adver- 
 tisement for foiu' weeks in some newspai>er published in the county in 
 Avhich the work is to be done, and the contract shall be let to the lowest re- 
 sponsible bidder, bonds A\ith sureties for the faithful performance of the 
 contract being i-equired, but the board may I'eject any and all bids and ald- 
 vertise for new ones." (§2779.) 
 
 Sec. 62. Locates Schoolhouse Site and Determines Where Pupil Shall 
 Attend. 
 "It may fix the site for each schoolhouse, taking into consideration the 
 geographical jiosition, number and convenience of the scholars, provide for 
 the fencing of schoolhouse sites, detei-mine the niunber of schools to be 
 taught, divide the corporation into such wai-ds or other divisions for school 
 purposes as may be proper, detei-mine the pai'ticular school which each child 
 shall attend. * * * " (§2773.) 
 
 For the method of condemnation of property desired for a schoolhouse 
 site see S. F. 63, 37th G. A., Amending Section 2814, and Section 2815 of 
 Code Supp. 1913, and 166 Iowa 744. 
 Sec. 63. Higher or Union Schools. 
 
 "It shall have power to maintain in each district one or more schools of 
 a higher order, for the better instruction of all in the district prepared to 
 pursue such a course of study, and it may est^tblish graded or imion schools, 
 and determine what branches sliall be taught thei-ein, but the course of study 
 shall be subject to the approval of the Superintendent of Public Instruction; 
 and it may select a person who shall have general supervision of the schools 
 in any district subject to the control of the board." (§2776.) 
 
 This section gives any school corporation the power to maintain a high 
 school. Should rural districts wish to maintain a central or consolidated 
 school the best way would bfe to form a consolidated district under §2794-A. 
 See §19 above. 
 Sec. 64. Renting Room — Transportation of Pupils. 
 
 "It may, when necessai-y, I'ent a room and emjiloy a teachei", where there 
 are ten cliildren for whose accommodation there is no schoolhouse; and, 
 when the board is I'eleased fi-om its obligation to maintain a school, or 
 when childi-en live at an unreasonable distance from their own school, the 
 boai'd may conti-act ^\ith boai'ds of other school to^^^lships or independent 
 disti'icts foi" the instruction of childi'en thus depi"ive<l of school advantages, 
 in any school thei-ein, and the cost thei-eof shall be paid from the general 
 fund. And when there will be a saving of expense, and children will also 
 thereby secure inci"ease<l advantages, it may ai'range with any person outside 
 the boai-d for the transportation of any child to and from school in the 
 same, oi- in another corporation, and such expenses shall be paid from the 
 general fund." (§2774, as Amended by H. F. 56 5, 37th G. A.) 
 
 Consolidated independent districts and school townships maintaining a 
 central school must provide transportation to and from school for all pupils 
 of the corporation living outside the limits of a city, town or village. 
 (§2794-A (c).) For this section in full see §19 above. 
 Sec. 65. Appi'oves Bonds of Banks Whei-e School Fimds Deposited. 
 
 All school funds must be deposited in some bank by the treasurer and 
 the corporation shall receive thereon at least two per cent on the average 
 daily balances. The bank must give a bond which the treasurer and board 
 must approve. See §94 for the law in full. 
 Sec. 66. Must Maintain Water Closets. 
 
 The board must maintain on schoolhouse sites except in independent 
 city or town districts two separate outhouses located as far as may be from 
 
 20 
 
each other, and located as far as possible from the entrance to the school. 
 In cities and towns one closet is sufficient, provided certain conditions are 
 met. (§2784.) 
 Sec. 67. 3Iust Provide Flags foj- Schools. 
 
 See §200. 
 Sec. 68. Entrance and Exit Doors to Schoohooms to Open Outward — When. 
 
 "The entrance and exit doors of all hotels, churches, lodge halls, court- 
 houses, assembly halls, theaters, opera houses, colleges and public school- 
 houses, and other structures where the hazard is deemed sufficient by the 
 Inspector and the entrance doors to all class and assembly rooms in all 
 public school buildings shall open outward, and shall not be fastened against 
 exit, or so the same cannot be easily opened frOiU within." Supp. Supp. 
 1915, Sec. 4999-9a.) Supp. Supp. 1915, Sec. 4999-a 9 a.) 
 Sec. 69-a. May Establish "Park Life" School. 
 
 School boards in cities included under special charters and commission 
 form having a population of 20,000, or more, may lease or purchase for 
 educational purposes a tract of land outside the city for a school garden or 
 school farm, and erect buildings thereon, appoint managers, etc. (§2823-u 7.)- 
 Sec. 70. Mnj Permit Use of Schoolhouse in Certain CoiiJorations — Re- 
 strictions. 
 
 "The Board of Directors of any school corporation may authorize the 
 use of any schoolhouse and its gi'oimds within such corporation, and not 
 within the limits of a city or to«n for the purpose of meetings of granges, 
 lodges, agricultural societies and similar rural secret societies, and for elec- 
 tion purposes ; such use to be for such compensation, and upon such terms 
 and conditions as may be fixed by said boai'd for the proper protection of , 
 the schoolhouse anil the property belonging therein, including that of pupils. 
 Any compensation for such use shall be paid into the contingent (general) 
 fund, and be expended in the iipkeep and repair of such school property, and 
 in purchasing supplies therefor; provided, however, that if at any time the 
 voters of such corporation, at any annual meeting, forbid such use of any 
 such schoolhouse or groiuids, the board shall not thei-eafter permit such use 
 until the said action of such voters shall have been rescinded by the voters 
 at an annual meeting, or at a special meeting called for that pui'pose." 
 (H. F. 167, 37th G. A.) 
 Sec. 71. — Evening Schools Authorized. 
 
 "The School Boai'd of any organized school district within the State is 
 hereby authorized and empowered, under the control and supei-vision of the 
 City or County Superintendent, to establish and maintain public evening 
 schools as a branch of the {)ublic schools when said School Board shall deem 
 advisable for the public convenience and welfare, and said evening schools 
 shall be available to all persons over 16 years of age, who, from any cause, 
 are imable to attend the public day school of such district. 
 
 "Whenever, in any organized school district within the State, there 
 shall be residing ten or moi-e persons over 16 years of age, who desire in- 
 struction at an evening school in the common branches, it shall be the duty 
 of the School Board of such organized school distiict to establish ai^d main- 
 tain an evening school for such instruction throughout a period of not less 
 than three months of every school year, and foi- not less than two 'lours at 
 least two times each week diwing the term of such evening school, which 
 school shall be under the control and supervision of the City or County 
 Superintendent." (S. F. 368, 37th G. A.) 
 Sec. 72. Use of School Building for Public Recreation Grounds. 
 
 The board in districts containing, or contained in, cities of the first or 
 second class, special charter, cities, or cities under the commission plan, may 
 establish and maintain for children on the school premises, public recrea- 
 tion places and playgrounds, and accommodations for same, and to co-op- 
 
 21 
 
erate with other boards having the management of public parks, buildings 
 and grounds, and to levy a tax therefor, provided a majority of the voters 
 vote therefor, twenty-five per cent petitioning for such election. (§2823-u, 
 2823-u 1.) 
 Sec. 73. Trees — Fence. 
 
 The board shall set out and properly protect twelve shade trees on 
 each school ground (§2787), and shall maintain a lawful fence between 
 the school site and the cultivated or improved land of another. (§2745-A) 
 Sec. 74. Purchase of Library Books. 
 
 Library books may be obtained in either of three ways, as outlined be- 
 low, but the board must purchase books from the general fund under 
 §2823-N each year. 
 
 (From General Fund.) 
 
 Library Fun"(I. "The treasurer of each school township and each rural 
 independ<^nt district in this §tate shall withhold annually from the money 
 received from the apportionment for the several school districts not less 
 than five nor more than fifteen cents, as may be ordered by the board, for 
 each person of school age residing in each school corporation, as shown by 
 the annual report of the secretary, for the purchase of books as hereinafter 
 provided. When so ordered by the Board of Directors, the provisions of 
 this section shall apply to any independent district." (§2823-N.) 
 
 Mandatory. It is mandatory upon the treasurer in each school town- 
 ship and each rural independent district to withhold from the apportionment 
 each year a certain number of cents for each person between the ages of 5 
 and 21, for the purchase of library books. The amount withheld, annually, 
 for each person, may not exceed fifteen cents, nor be less than five cents. 
 The exact amount per pupil is left to the discretion of the board, and may 
 vary from one year to another. 
 
 Purchase of Books — Distribution. "Between the third Monday of Sep- 
 tember and the first day of December in each year the president and secre- 
 tary of the board, with the assistance of the County Superintendent of 
 Schools, shall expend all money withheld by the treasurer, as provided in 
 Section one (§2823-n) of this Act, in the purchase of books selected from 
 the lists prepared by the State Board of Educational Examiners, as herein- 
 after provided, for the usie of the school district; in school townships the 
 secretary shall distribute the books thus selected to the librarians among the 
 several subdistricts, and, at least, semi-annually collect the same and dis- 
 tribute others." (§ 2823-0) 
 
 The money withheld by the treasurer cannot be used for any purpose 
 except the purchase of books. All expenses, such as freight charges, express, 
 postage, exchange, library cases, and record books, should be paid from the 
 contingent (general) fund. 
 
 "The Board of Directors shall have supervision of all books, and shall 
 make an equitable distribution thereof among the schools of the corpora- 
 tion." (§2823-R.) 
 
 "It may provide and pay out of the general fund to insure school prop- 
 erty such sum as may be necessary, and may piu-chase dictionaries, library 
 books, including books for the purpose of teaching vocal music, maps, charts, 
 and apparatus for the use of the schools thereof to an amount not exceeding 
 twenty-five dollars in any one year for each schoolroom under its charge. 
 * * * " (§2783, as Amended by H. F. 565, 37th G. A.) 
 
 (From the Schoolhouse Fund) 
 "The voters at the annual meeting shall have power * * * to>, 
 vote a schoolhouse tax not exceeding ten mills in any one year, for * * * 
 procuring libraries." (§2749.) See §123. 
 
 22 
 
CHAPTER V. 
 
 SCHOOL OFFICERS. 
 
 Sec. 75. Non -performance of Duty. Sec. 89. Register of Persons of School 
 
 76. Books and Papers to Successor. Age. 
 
 The President — 90. Other Statutes Affecting the 
 
 77. Election — jQualification — Term. Secretary. 
 
 78. Powers and Duties. The Treasurer — 
 
 The Secretary — 91. Election — Qualification — Term. 
 
 79. Election — Qualification — Term. 92. Duties of Treasurer. 
 
 80. Duties of Secretary. : 93. Payment of Warrants. 
 
 81. Warrants. 94. Deposit of Funds at Interest. 
 
 82. General Duties. 95. Financial Report and Report to 
 
 83. Files Monthly Financial Report County Superintendent, 
 in Independent Town and City 96. Settlement. 
 
 Districts. 97. The Director in Independent 
 
 84. Gives Notice of Annual Meet- Districts. 
 
 ing of Electors. 98. The Subdirector. 
 
 85. Notice of Special Meetings of 99. Powers and Duties of Subdi- 
 Electors in Corporations of rector. 
 
 5,000 or more. 100. Gives Notice of Subdistrict 
 
 86. Notice of Special Meetings of Meeting. 
 
 Electors in Corporations of 101. Takes the School Census. 
 
 Less Than 5,000. 102. Care of Library. 
 
 87. Notice of Special Meetings of 103. Purchasing Supplies — Repairs. 
 Electors in School Townships. 104. Hiring Teachers. 
 
 88. Reports. 105. Compulsory Attendance Law. 
 
 Sec. 75. Nou-Performance of Duty. 
 
 "Any school officer * * * wilfully failing or refusing to perform 
 any duty imposed by law, shall forfeit and pay into the treasury of the par- 
 ticular school corporation in which the violation occurs the sum of twenty- 
 five dollars. * * * " (§2722.) 
 Sec. 76. Books and Papers to Successor. 
 
 "Each school officer, upon the termination of his term of office, shall 
 inunediately surrender to his successor all books, papers and money pertain- 
 ing or belonging to the office, taking a receipt therefor." (§2770.) 
 
 THE PRESIDENT. 
 Sec. 77. Election — Qualification — Vacancies. 
 
 The Board of Directors of all independent city, town and village cor- 
 porations, school townships maintaining a school, or schools, with high 
 school departments, and consolidated independent districts, shall elect a 
 president from among their number at the time of their organization on the 
 third Monday in March, and those of all other corporations at the time of 
 their organization, on the first day of July, unless that day falls on Sunday, 
 in which case the day following (§2757.) In case of a vacancy the office 
 shall be filled by appointment of the board until the next annual meeting of 
 the board. (Code, §1276.) The president must qualify as such before as- 
 suming the duties of office. (Cons, of Iowa, §5, Art. 11.) For form of 
 oath see §107. No bond is required of him by virtue of the fact that he is 
 president. ' , . . \' ' ' '\ 'i^lffli 
 
 Sec. 78. Powers and Duties. 
 
 The president presides at all meetings of the board (§2759), calls spe- 
 cial meetings (§2757.) (The secretary may also call a special meeting when 
 petitioned by a majority of the board (as to notice see §47), or the board 
 itself in session may set a date for a special meeting) (§2757), acts as one 
 of the judges of election at the annual meeting of the electors in corpora- 
 tions having 5,000 population or less (§§2746, 2756), may administer the 
 oath of office to any member-elect of the board (§2758), signs warrants and 
 idrafts drawn upon the county treasurer for money apportioned and taxes 
 collected and belonging to his school corporation and orders on the school 
 treasurer as provided by law, signs contracts made by the board, appears on 
 
behalf of his corporation in cases brought by or against it, unless individual- 
 ly a party, in which case this duty shall be performed by the secretary 
 (§2759). 
 
 It is also his duty to sign contracts of teachers (§2778), approve and 
 sign contracts made by the subdirector (§2785), and sign school building 
 bonds legally authorized by the board, or by the electors (§2812-E.) In 
 case of the breach of the bond of the secretary or treasurer (these bonds 
 must be filed in his office) brings action thereon in the name of the cor- 
 poration (§2760), helps enforce the compulsory attendance law (§2823-F), 
 and in school townships is a member of the convention that elects a county 
 superintendent. (§1072.) 
 
 He may not receive a salary for official services rendered (§2780) (ex- 
 cept that he shall receive from the county ten cents a mile one way for the 
 distance necessarily traveled in attending the convention which elects a county 
 superintendent) (§1072), and the fact that he is president gives him no more 
 power than any other member, except that he approves and signs contracts 
 made by subdirectors (§2785), and v/hen the board of a school township 
 authorizes a subdirector to hire his own teacher such contract shall be 
 binding on the school township only when approved by the president 
 (§278 5.) He may vote on all questions coming before the board, and if, by 
 such vote, a tie is produced, the motion is lost (§27 57.) 
 
 THE SECRETARY. 
 
 Sec. 79. Election — Qualification — Term. 
 
 At the annual meeting of the board in July a secretary shall be elected 
 by ballot for one year (§2 7 57.) If the secretary is absent, a temporary 
 secretary may be appointed for the meeting (§2772), and a vacancy may be 
 filled by the board (§2771.) In counties having a county high school the 
 Board of Trustees elects a secretary from its membership (§2729.) 
 
 A teacher or other employee of the board is ineligible to the office of 
 secretary in independent districts, as is also a director in all corporations so 
 long as he remains a member of the board (§2 757.) His compensation is 
 determined by the board (§2780), and he is given ten days in which to quali- 
 fy after his election or appointment. (§27 60.) 
 
 He shall give bond in such penalty as the board may require, but for 
 at least $500.00, and take the oath required of civil officers (§2760.) A 
 guarantee company may be accepted as surety. (Code, §§360, 1187.) For 
 form of oath see §107 below. Failure to give bond is a misdemeanor, and 
 he is liable to a fine not exceeding the amount of the bond. (Code, §1197.) 
 Sec. 80. Duties of Secretary. 
 
 As the name implies, the secretary is clerk of the Board of Directors, 
 attends their meetings, and records their proceedings. 
 
 Sec. 81. Warrants. 
 
 "He shall coiuitei'sign all Avai-i'ants and di'afts upon the coimty treasurer 
 drawn or signed by the president; di-aw leach oi-dei- on the treasurer, specify 
 the fund on which it is drawn, and the use for which the money is appro- 
 priated; countersign and keep a legister of the same, showing tine number, 
 date, to whom di-awn, the fund upon which it is draw n, the piu'pose and the 
 ainomit; and at each regular annual meeting fui-nish the board with a copy 
 of the same." (§27 62.) 
 Sec. 82. Cieneral Duties. 
 
 "The secretary shall file and preser\re copies of all reports made to the 
 County Superintendent, and all papei's transmitted to him i>ei'taining to the 
 business of the corpoi-atitm; ke>?p a complete record of all the proceedings of 
 the meeting of the boaid and the votei's of the coi-poi-ation in separate books; 
 keei) an accui-ate, sepaiate accoiuit of each fund with the treasurer, charge 
 him with all warrants and drafts drawn in his favoi", and credit him with 
 
 24 
 
all orders drawn on each fund; and he shall keep an accnrate account of all 
 expenses inciu'red by the corporation, and present the same to the board for 
 audit and payment. At the annual meeting he shall record, in a book pro- 
 vided for that purpose, the names of all persons voting thereat, the niunber 
 of votes cast for each candidate, and for and against each proposition sub- 
 mitted. * * * " (§2761.) 
 
 Sec. 83. Files Monthly Financial Report in Independent Town and City 
 Districts. 
 "Th,e secretary of each indeiiendent to^^ii or city district shall file 
 monthly, on or before the tenth day of each month, with the Board of Di- 
 rectors, a complete statement of all receipts and disbiu'sements from the 
 various funds diu'ing the preceding month, and also the balance remaining 
 on hand in the various funds at the close of the period covered by said state- 
 ment; which monthly statements shall be open to public inspection." 
 (§2761.) 
 
 Sec. 84. Gives Notice of Annual Meetings of Electors. 
 
 See §129 below. 
 Sec. 85. Notice of Special Meetings of Electors in Corporations of Five 
 Thousand or More. 
 
 "The secretary of the Board of Directors in any school corjioration 
 which is divided into precincts, shall give notice of all special meetings of the 
 voters as provided by §2755 of the supijlement to thie Code. Each notice 
 shall state the date, place and hours during which the meeting will be in 
 session, and the object of the meeting." (§27 63-A.) See §129. 
 Sec. 86. Notice of Special Meetings of Electors in Independent Corporations 
 of Less Than Five Thousand. 
 
 "The secretary of the Board of Directors for any school corporation, lo- 
 cated wholly within, or partly within, the corporate limits of cities of the 
 first class, cities of the second class, or incorporated towns which may not 
 have adopted the provisions of section tWenty-seven hundred fifty-five 
 (2755) of the supplement to the Code, and divided into precincts, shall give 
 notice of special meeting of the voters in the same manner as for the annual 
 meeting, by posting at least five notices in five public places within said 
 corporation, for not less than ten days next preceding the day of special 
 meeting. Each notice shall state the date, place and hours diu'ing which 
 the meeting will be in session, and the object of the meeting." (§2763-B.) 
 See §129. 
 Sec. 87. Notice of Special Meetings of Electors in School Townships. 
 
 "The secretary of the Board of Directors for any school townaship, or 
 for any school coi'poration not included in the preceding sections, shall give 
 ten days' printed or wxitten notice of special meeting to the voters, posted 
 in at least five public places witliin the corporation. They shall be posted 
 at the door of each schoolhouse, and also at or near the last place of meet- 
 ing, and each notice shall state the date, place and houi's of meeting." 
 (§2763-c.) 
 Sec. 88. Reports. 
 
 "He shall notify the Coimty Superintendent when each school is to 
 begin, and its length of term, and within five days after the regular July 
 meeting in each year, file with the County Suijerinterident a report which 
 shall give the number of jiersons in the corporation, male and female, of 
 school age, the number of schools and branches taught, the numbers of 
 scholars enrolled, and an average attendance in each school, the niunber of 
 teachers employed, and the average compensation paid per month, distin- 
 guishing the sexes, the length of school- in days, and the average cost of 
 tuition per month for each scholar, the textbooks used, niunber of volumes 
 in library, the value of apparatus belonging to the corjioration, the number 
 of schoolliouses and their estimated values, the name, age and postof f ice 
 
 25 
 
address of each deaf and dumb or blind person in the corporation between 
 the ages of five and twenty-one years, and this shall include those who are 
 so blind or deaf as to be unable to obtain an education in the common 
 schools, a like report as to all feeble-minded children of and between such 
 ages, and the niunber of trees set out and in thrifty condition on each school 
 groimd/' (§2765.) 
 
 At the close of the school year the secretary in consolidated independ- 
 ent districts shall make to the State Superintendent such report as he may 
 require. (§2794-e.) 
 Sec. 89. Register of Persons of School Age. 
 
 "He shall, between the first day of Jiuie and the first day of July of 
 each year, enter in a book made for the purpose, the name, sex, and age 
 of every person between five arid twenty-one residing in the corjwration, 
 together with the name of the parent or guardian." (§2764.) 
 
 The above enumeration should include only those of school age resid- 
 ing in the corporation on June 1. 
 
 Whom to Include in the Eniuneration. Every person between five and 
 twenty-one should be enumerated where he resides. A child in one of the 
 charitable or reformatory institutions temporarily, and whose parents or 
 guardian reside in another part of the State, or in another school district, 
 Is a resident of the district in which his parents reside, and should be enum- 
 erated there. 
 Sec. 90. Other Statutes Affecting the Secretary are as follows: 
 
 Contracts with the teacher must be filed with the secretary before the 
 teacher begins to teach (§2778). In appeal cases from the decision of the 
 board he files a transcript with the County Superintendent within ten days 
 after that officer has notified him that an appeal has been taken (§2819.) 
 When the board of a school township changes the boundaries of a subdis- 
 trict, as they may do under §2801 (see §9), the secretary shall designate 
 the changes on a plat of the school township, and shall record a written de- 
 scription thereof in the records of the school township, copies of which he 
 shall deliver to the county auditor and county treasurer (§2801.) He shall 
 appear for the corporation in all actions brought by or against it when the 
 president i?» individually a party (§2759.) He records the numbers of per- 
 sons of school age (§278 5), acts as one of the judges of election at the an- 
 nual meeting in corporations of less than 5,000 (§2746), countersigns school 
 funding bonds (§2812-e), gives notice of the election of directors when rural 
 independent districts are united into a school township (§2800), gives no- 
 tice of subdistrict meetings when there is no director (§2751), may call a 
 board meeting when a majority of the board so request in writing (as to 
 notice see §47) (§2757), in rural corporations helps select library books 
 (§2823-0), and in school townships distributes library books semi-annually, 
 keeps a record of books purchased and distributed by him (§§2823-Q and 
 2823-C), certifies taxes to the Board of Supervisors (§2767), and in inde- 
 pendent city and town districts has ballots printed. (§2754.) See §133. 
 
 THE TREASURER. 
 
 Sec. 81. Election — Qualification — Term. 
 
 In corporations composed in whole or in part of cities or towns a treas- 
 urer shall be chosen at the same time and in the same manner that directors 
 are chosen; that is, by ballot on the second Monday in March (§2754.) The 
 boards of all other corporations shall elect a treasurer by ballot' at their an- 
 nual meeting in July (§2757.) A vacancy shall be filled by the board 
 (§2771.) The treasurer may not be a board member (§2757), and by a 
 recent statute may not be paid a salary for his services (§2870.) The term 
 of office of the treasurer for city and town corporations is two years (§2754.) 
 All treasurers shall give bond in such penalty as the board may require, 
 
 26 
 
but for at least $500.00, and take the oath required by civil officers (§2760.) 
 Failure to give bond is a misdemeanor, and he shall also be liable to a fine 
 not exceeding the amount of the bond required (Code, §1197.) A guaran- 
 tee company may be accepted as surety (Code, §§360, 1187.) He is given 
 ten days in which to qualify after his election or appointment (§2780.) For 
 form of oath see §107, 
 Sec. 92. Duties of Treasurer. 
 
 The treasurer has charge of all money belonging to the corporation and 
 disburses it when authorized to do so. The county treasurer shall pay over 
 quarterly to him the amount of school funds on hand belonging to the cor- 
 poration (§§2808, 2810.) No order shall be drawn upon the treasurer until 
 the claim therefor shall be audited and allowed by the board (§2780.) He 
 shall keep a record of school funding bonds sold. (§2812-f.) 
 Sec. 93. Payment of Warrants. 
 
 "The treasurer shall receive all moneys belonging to the corporation, 
 pay the same out only upon the order of the president, countersigned by the 
 secretary, keeping an accurate account of all receipts and expenditures in a 
 book provided for that purpose. He shall register all orders drawn and re- 
 ported to him by the secretary, showing the number, date, to whom drawn, 
 the fund upon which drawn, the pm-pose, and amount. The money collected 
 by tax voted, or the proceeds of the sale of bonds valid for the purpose of 
 building schoolhouses, shall be calleki the schoolhouse fund, and all other 
 moneys received for any other pmpose shall be caUed the general fund; and 
 he shall keep a separate account with each fund, paying no order that fails 
 to state the fund upon which it is drawn, and the specific use to which it is 
 to be applied. Whenever an order cannot be paid in full out of the fund 
 upon which it is drawn, partial payment may be made. All school orders 
 shall draw lawful interest after being presented to the treasurer and by him 
 endorsed as not paid for want of funds." (§2768 as amended by H. F 565 
 37th G. A.) 
 Sec. 94. Deposit of Funds at Interest— Bond Required of Bank. 
 
 "It is hereby made the duty of the treasurer of each school corporation 
 to deposit all funds in his hands as such treasurer in some bank, or banks, 
 in the State, at interest at the rate of at least two per cent per annum on 
 ninety per cent of the daily balances payable at the end of each month, all 
 of which shall accrue to the benefit of the general fund of such school cor- 
 poration; but, before such deposit is made, such bank shall file a bond, with 
 sureties, to be approved by the treasurer and the Board of Directors of such 
 corporation, in double the amoiuit deposited, conditioned to hold the school 
 corporation harmless from all loss by reason of such deposit or deposits; pro- 
 vided, that in cases where an approved surety company's bon!d is furnished, 
 said bond may be accepted in an amoiuit equal to ten (10) per cent more 
 than the amount deposited. Said bond shall be filed with the president of 
 the School Board, and action may be brought thereon either by the treasurer 
 or the school corporation as the board may elect." (§2768, as amended by 
 H. F. 565, 37th G. A.) 
 Sec. 95. Financial Statement and Report to County Superintendent. 
 
 "He shall render a statement of the finances of the corporation when- 
 ever required by the board, and his books shall always be open for inspec- 
 tion. He shall make an annual report to the board at its regular July meet- 
 ing, which shall show the amount of the general fund, and the schoolhouse 
 fund held over, received, paid out, and on hand, the several funds to be sep- 
 arately stated, and he shall immediately file a copy of this report with the 
 County Superintendent." (§2769, as amended by H. F. 565, 37th G. A.) 
 Sec. 96. Settlement. 
 
 The interest and protection of the taxpayers require that a full and 
 complete settlehient should be made at least once each year, and that the 
 
 27 
 
settlement at the July meeting requires that the funds and property shall be 
 produced and fully accounted for, and that these facts should be indorsed 
 upon the new bond of the treasurer, if he is re-elected. (Note 1 under 
 §2769.) 
 
 "Where the ti'easiu'er, %vho is about to succeed himself in office, makes 
 a settlement with the board, as by statute provided, producing in some tan- 
 gible form the money which he should have on hand, the sureties on his 
 new bond are conclusively boimd thereby; and they will be estopped from 
 pleading oi- pi-oving that the fluids so exhibited were borrowed, or otherwise 
 tenipoi-ai'ily or fi-audulently procured, and nevei-, in fact, went into the pub- 
 lic treasuiy. liut, whei'e the money is not producetl in any form, and the 
 board, charged by law with making the settlement, accepts a mere book ac- 
 coimt oi' personal statement of the treasurer that he has the funds in his 
 possession, then the liability on the bond is prima facie only; and the sure- 
 ties will be relieved if it be fairly established that the shortage originated 
 during a prior term. (155 Iowa 275.) 
 Sec. 97. The Director in Independent Disti'icts. 
 
 The qualifications and method of election of directors in independent 
 districts are given in §§128 to 146 below, to which the reader is referred. 
 Suffice it to say that the powers of a director of an independent district are 
 exercised as a member of the board and acting as such at a meeting thereof. 
 As to number, see §116-A. 
 Sec. 98. The Subdirector. 
 
 Most of the powers of a subdirector are given in the chapter, "The Sub- 
 district Meeting." §147. For the topic, "Time of Election," see §147; fpr 
 "Term of Office," see §155; for "When to Qualify," see §157; for Methpd 
 of Election," see §152; for "Vacancies^ — ^How Created," see §158; for 
 "Vacancies — How Filled," see §159. As to number, see §132. 
 Sec. 99. Powers and Duties of Subdii'ector. 
 
 Most of the powers of a subdirector are exercised as a member of the 
 board, and acting as such at a meeting of the board. See §43 and following 
 sections. There are a few duties which are required of the subdirector as 
 such, .as follows: . . 
 
 Contracts. 
 
 "The Boai'd of Dii-ectors of a school township may authorize the director 
 of each subdistrict, subject to its i-egidations, to nnvke contracts for the pm'- 
 chase of fuel, the repairing or furnishing of schoolhouses, and all other mat- 
 ters necessary for the convenience and prosperity of the schools in his sub- 
 district. Such contracts shall be binding upon the school township only 
 when approved by the president of the boai-d, and must be repoi'ted to the 
 board. * * * The powers specified in this section cannot be exer- 
 cised by individual directors of independent districts." (§2785.) 
 Sec. 100. Gives Notice of Subdistrict Meeting, .,. , 
 
 See §148 under the "Subdistrict Meeting." 
 Sec. 101. Takes the School Census. 
 
 "Each director shall, between the first and fifteenth days of Jime, in 
 each year, prepare a list of the heads of families in his subdistrict, the niun- 
 ber and sex of all children of school age, and by the twentieth day of said 
 month report this list to the secretary of the school tov^^lship, who shall 
 make full lecord thereof. The powers specified in this section cannot be ex- 
 ercised by individual directors of independent districts." (§2785.) See also 
 §89 and §211. • • ' ■ ' -• 
 
 Sec. 102. Care of Library. 
 
 "Unless the Board of Dii-ectors shall elect some other person, the sec- 
 retary in independent districts and director in subdistricts in school town- 
 ships shall act as librarian, and shall receive and have the care and custody 
 
 28 
 
of the books, and shall loan them to teachers, pupils, and other residents of 
 the district, in accordance with the rules and regulations prescribed by the 
 State Board of Educational Examiners and Board of Directors. Each librar- 
 ian shall keep a complete record of the books in a record book furnished by 
 the Board of Directors. Duiing the periods that the school is in session the 
 library shall be placed in the schoolhouse, and the teacher shall be responsi- 
 ble to the district for its proper care and protection. The Board of Directors 
 shall have supervision of all books and shall make an equitable distribution 
 thereof among the schools of the corporation." (§2823-R.) 
 Sec. 103. Purchasing Supplies — KeiJairs. 
 
 See §121 below. 
 Sec. 104. Hiring Teachers. 
 
 See §§121 and 51. 
 Sec. 105. CJompulsory Attendance Xaw. 
 
 It is his duty to help enforce the compulsory attendance law. See 
 
 "3«ii[lL 
 
 J_,>l. 
 
 CHAPTER VI. 
 
 ANNUAL MEETING OF THE SCHOOL BOARD AND ORGANIZATION OF 
 THE BOARD IN ALL SCHOOL CORPORATIONS. 
 
 Sec. 118. Supplies. 
 
 119. Determine Wages to Be Paid. 
 
 120. Determine Number of Schools 
 to Be Taught. 
 
 121. Employ Teachers and Instruct 
 Subdirector in Regard to Scope 
 of His Authority. 
 
 122. Purchasing Books for Indi- 
 gent Children. 
 
 123. Library B'ooks — Purchase. 
 
 124. Provide for Tuition jof Pupils 
 in High School. 
 
 125. Provide for Visitation of 
 Schools. 
 
 126. Estimate Taxes Needed in Va- 
 rious Funds. 
 
 127. Number of Directors in Inde- 
 pendent Districts. 
 
 Sec. 106. Time. 
 
 107. The Old Board. 
 
 108. Settlement With Treasurer. 
 
 109. The New Board. 
 
 110. Organization of New Board. 
 
 111. Quorum. 
 
 112. Order of Business. 
 
 113. Approval of Bonds of Secre- 
 tary and Treasurer. 
 
 114. Designate Period Schools Shall 
 Be in Session. 
 
 115. Fix Date for O'pening Schools. 
 
 116. Vacations — Holidays — Intermis- 
 
 sions — Rules and Regulations. 
 
 117. Repairs on School Buildings 
 
 and Grounds. 
 
 Sec. 106. Time. 
 
 The annual meeting of the directors in all school corporations shall be 
 held on the first day of July, unless that day falls on a Sunday, in which 
 case it shall be held on the day following. On this day the boards of all 
 school corporations except those of cities, towns and villages, school town- 
 ships maintaining school, or schools, with high school departments, and con- 
 solidated independent districts, shall organize. All other boards shall or- 
 ganize on the third Monday in March. (§2757.) 
 Sec. 107. The Old Board. 
 
 On July 1st, then, except as noted above, the board meets in all cor- 
 porations and closes up the business for the year. Since the new boards in 
 all rural corporations organize on this date, the old board should meet and 
 transact the business before them sufficiently early to enable them to ad- 
 journ in time for the new board to organize and transact the business that 
 may come before it. 
 
 The following Order of Business is recommended to be followed by the 
 old board: (1) call to order by president, (2) roll call, (3) reading of min- 
 minutes of previous meeting, (4) unpaid bills, (5) examination of books and 
 settlement with secretary and treasurer, (6) unfinished business, (7) admin- 
 
 29 
 
istration of oath of office to directors-elect, (8) deliver school laws to suc- 
 cessor, (9) adjourn. 
 
 The form of the oath is as follows: "I, , do solemnly 
 
 swear (or affirm) that I will support the constitution of the United States, 
 and the constitution of the State of Iowa, and that I will faithfully and im- 
 partially, to the best of my ability, discharge all the duties of the office of 
 (president or director, as the case may be,) in (naming the school corpora- 
 tion) as now or hereafter required by law." (Code, §1180.) 
 
 The above oath can be administered by any member of the board 
 (§2758), but cannot be administered by the secretary unless he is a notary 
 public or justice of the peace, or other officer empowered to administer oaths. 
 The oath must be administered to each member-elect and to the president- 
 elect, before they assume the duties of office. A director may not adminis- 
 ter the oath to the secretary or treasure. (Code, §393.) This oath should 
 also be written out, and the person taking the oath must sign it. (Code, 
 §1180.) 
 Sec. 108. Settlement With Treasurer. 
 
 The old board should transact such business as may properly come be- 
 fore it, such as allowing unpaid bills authorized by it, but the one great duty 
 of boards of all corporations will be the settlement with the secretary and 
 the treasurer to determine the financial condition, and to see that the records 
 of these officers correctly report the business of the corporation during the 
 year. Unless great care is exercised the district may suffer loss thereby. 
 
 In making such settlement the following should be observed: 
 
 Balances. That the balances at the beginning of the year just closed 
 are the same as those on hand when you settled with the treasurer last year. 
 
 Orders on County Treasurer. That the school treasurer has charged 
 himself with all orders on the county treasurer turned over to him. 
 
 Miscellaneous Receipts — Tuition. That he has charged himself with all 
 other receipts paid to the corporation, including tuition. 
 
 Paid Teachers. Note that the amount paid teachers, male and female, 
 is correctly reported. 
 
 Miscellaneous Disbursements. See that the other expenditures, includ- 
 ing the amount paid for library books, are correctly reported. Make the 
 item "Paid for other purposes" in each fund as small as possible by specify- 
 ing all of the other disbursements under the proper title. 
 
 School Building Bond Fiuid. All money collected to pay on school 
 building bonds should be charged to the school building bond fund, and not to 
 the schoolhouse fund. Also, all amounts paid on school building bonds 
 should be credited to the school building bond fund and not to the school- 
 house fund. 
 
 Indebtedness. Observe that the total indebtedness on June 30 is cor- 
 rectly reported to the County Superintendent on the blank furnished the 
 treasurer through that officer. 
 
 Inventory. Make an inventory of the schoolhouses and apparatus, and 
 see that the same is correctly reported to the County Superintendent by the 
 secretary. 
 
 Agreement of Reports. The records of the secretary, and those of the 
 treasurer should agree as to each fund, the amounts received from each 
 source and the amounts expended for each purpose. Note particularly that 
 the reports of these officers agree with respect to library books and tuition. 
 
 Sec. 109. The New Boai-d. 
 
 The new board (except in city, town and village independent corpora- 
 tions, and in school townships maintaining school or schools with high scliool 
 departments, and consolidated independent districts) must organize on July 
 1st, or on the day following if the first falls on a Sunday. (§2757.) 
 
 30 
 
Sec. 110. Organization of New Boards. 
 
 The retiring board of eacli rural independent district, and school town- 
 ship not maintaining a high school department, having completed its labors 
 and adjourned, the directors-elect for these corporations will organize for the 
 year just beginning. The organization is effected by the election of a presi- 
 dent from among the members, and a secretary and treasurer from outside 
 of the board by ballot (§27 57). The boards of all other school corporations 
 having organized on the third Monday in March, will not elect a president 
 at this time, but will elect a secretary for each of such corporations. In in- 
 dependent village corporations, the board will elect a treasurer also (§2757.) 
 Treasurers for cities and towns are chosen by the electors in March (§2754.) 
 If a consolidated district includes a city or town, a treasurer is elected by the 
 voters thereof (§2754.) 
 
 Sec, 111. Qvioriim. 
 
 "A majority of the Board of Directors shall constitute a quorum 
 
 * * * " (§2771.) 
 Sec. 112. Order of Business. 
 
 The following order of business is recommended to be followed by the 
 new board: (1) call to order, (2) election of president (except as noted in 
 §110 above), (3) election of secretary, (4) election of treasurer, (5) ap- 
 proval of bonds of secretary and treasurer, (6) fixing period each school 
 shall be in session, (7) fixing date for opening schools, (8) determining 
 rules and regulations for school government, (9) repairs, (10) supplies, 
 (11) arrange to enforce the compulsory attendance law, (12) determine 
 wages to be paid, (13) employment of teachers, (14) determine number of 
 schools to be taught, (15) fix amount to be expended for library books, 
 (16) provide for tuition of pupils in high school, (17) estimate amount of 
 taxes necessary for the coming year, (18) new and unfinished business, 
 (19) new buildings — heating and ventilation of buildings, (20) adjourn- 
 ment. 
 
 "An adjournment is an act, not a declaration. It is an act of separa- 
 tion and departure, and, until this takes place, the adjournment is not com- 
 plete." (173 Iowa 610.) 
 
 The most important duty devolving upon the new boards at the July 
 meeting is to plan for the schools of their respective corporations for the 
 coming year. Specifically among these important matters are the following: 
 Sec. 113. Approval of Bonds of Secretary and Treasurer. 
 
 The secretary and the treasurer shall each give bond in such amounts 
 as the board shall determine, but for at least $500.00 (§2760.) Both have 
 ten days in which to qualify. The oath is the same as required of directors 
 (see §99), but he must subscribe to the oath on the back of the bond, or 
 on a paper attached thereto, to be certified by the officer administering it. 
 (Code, §1181.) Failure to give bond is a misdemeanor, and a $500.00 fine 
 is also provided. (Code, §1197.) 
 Sec. 114. Designate the Period Each School Shall Be in Session Beyond the 
 
 Time (24 Weeks) Required by Law. 
 Sec. 115. Fix the Date for Opening Schools. 
 
 Sec. 116. Arrange in Regard to Vacations, Holidays, Intermissions, Rules 
 and Regulations. 
 
 See this topic under §§52 and 167. 
 Sec. 117. Repairs, Eetc, on School Buildings and Grounds. 
 
 No school yard shall be fenced with barb wire. (§2817.) 
 
 Sec. 118. Supplies. 
 
 Our State Superintendent says that "Every school should be equipped 
 with a New International Dictionary, also several small school dictionaries, 
 a suitable set of maps, a globe, erasers, chalk, covered water jar, broom 
 
 31 
 
and dustpan, slate blackboai'd and siipplementai-y readers for the first 
 three grades at least, and all if possible." See §121. 
 Sec. 119. Detei-niine the Wages to Be Paid. 
 
 The minimum wage law, enacted by the 3 5th General Assembly 
 (§2778-B), makes it compulsory to pay at least this minimum wage. See 
 §187. 
 
 If the boards see fit, they may pay more in one school than in another 
 for the same grade of certificate. If a school is extra large, difficult to 
 teach, or if, for any reason, it is difficult to get a teacher, it may be desirable 
 that a bonus be offered to teachers for these schools. 
 Sec. 120. Determine Number of Schools to Be Taught. 
 
 Section 2773 says that the board shall determine the number of schools 
 that shall be taught. 
 
 Non-User. "In the case of non-nser for school pninioses for two years 
 continuously of any real estate acquired for a schoolhouse site it shall re- 
 vert, with imiu'ovements thei'eon, to the owner of the tract from which it 
 was taken, upon repayment of the purchase price, >\ithout interest, to- 
 gether with the value of the improvements, to be determined by arbitration, 
 but, during its use, the owiier of the right of i-eversion shall have no inter- 
 est in, or control over, the premises." (§2816.) This applies, though the 
 County Superintendent consents that such school be closed. (173 Iowa 43.) 
 
 Sec. 121. Employ Teachei's and Instruct Subdirector in Regard to Scope of 
 His Authority. 
 
 Shall the subdirector in school townships be permitted to hire his own 
 teacher? The board may delegate this power to each director if it sees fit 
 to do so. See §51. (§2778.) What supplies may each director purchase? 
 Superintendents may be employed for three years. See §48. 
 
 "The Board of Dii'ectors of a school to\^^lship may authoi-ize the direc- 
 tor of each subdistrict, subject to its I'egulations, to make contracts for the 
 jjurchase of fuel, the repairing oi' furnishing of schoolhouses, and all other 
 matters necessary for the convenience and prosperity of the schools in his 
 subdistrict. Such contracts shall be binding upon the school township only 
 when approved by the president of the board." (§2 778.) 
 
 Sec. 122. Purchasing Books for Indigent Children. 
 
 "The boai'd may furnish schoolbooks to indigent children when they 
 are likely to be deprived of the proper benefits of school unless so aided." 
 
 (§2783, as amended by H. F. 565.) 
 
 Sec. 123. Ubrai-y Books — Purchase. 
 
 See §74. 
 
 Sec. 124. Provide for Tuition of Pupils in High School. 
 
 For the provisions of this law see §210 below. 
 Sec. 125. Provide for Visit^ition of Schools. 
 
 The board shall provide for visiting the schools of the district by one 
 or more of its members, and aid in the government thereof. (§2782.) 
 Sec. 126. Estimate the Taxes Needed in the Various Fimds. 
 
 For the maximum amount that may be estimated by the board for the 
 general fund see §217 below. The schoolhouse fund is voted by the electors 
 at the annual meeting in March, or at a special meeting called for that pur- 
 pose. See §§136, 138 and 227 below. 
 Sec. .127. Number of Directors in Independent Districts. 
 
 All districts comprising cities of the first class, and those under spe- 
 cial charter, have seven directors. In all other city, town or village and 
 consolidated districts the board consists of five members. Rural independ- 
 ent districts elect three directors. (§§2754, 2795.) 
 
 32 
 
CHAPTER Vn. 
 
 MEETINGS OF ELECTORS — THE ANNUAL AND SPECIAL MEETINGS. 
 
 Sec. 128. Date. 138. Election by Ballot — Form of 
 
 129. Notice — By Whom Posted. Proposition. 
 
 130. Beginning, Duration and Clos- Sec. 139. Who May Vote and Qualifica- 
 ing the Meeting. tion of Electors. 
 
 131. Organization of Meeting. 140. Registration. 
 
 132. Election of Director — Vacan- 141. Who May Be Director, and 
 cies. Term of Office. 
 
 133. Names of Candidates Filed, 142. Vacancies in Office of Director 
 When. in Independent Districts. 
 
 134. Form of Petition to Nominate. 143. Poll Books. 
 
 135. Election of Treasurer. 144. Organization of Boards. 
 
 136. Powers of Electors. 145. Financial Statement. 
 
 137. TVhen Proposition Must Be 146. Special Meetings of Electors, 
 Submitted. Notice. 
 
 Sec. 128. Date. 
 
 An. annual meeting of the voters of each school corporation shall be 
 held on the second Monday in March (§2746.) For special meetings see 
 §146. 
 
 Sec. 129. Notice— By Whom Posted. 
 
 It is mandatory upon the secretary to post notices for the annual meet- 
 ing in at least five public places in the corporation not less than ten days 
 before the date of the meeting (§2746.) In computing such ten days the 
 first day is excluded and the last day is included, so a notice posted on 
 March 18 of an election, called for March 28, is sufficient. (152 N. W. 
 (la.) 623.) It is not necessary that the notices posted remain legible dur- 
 ing the entire period for which they are posted. "Of course, the officers 
 must exercise some care in the matter, but they are not held to insure the 
 continued legibility of the notices as posted." (160 N. W. (la.) 291.) For 
 corporations of 6,000, or more, inhabitants a ten days' notice shall be posted 
 in each precinct, and published in a newspaper once each week for two 
 consecutive weeks, "such notice to state the time, respective voting precincts, 
 and the polling place in each precinct, and also to specify what questions 
 authorized by law, in addition to the election of director, or directors, shall 
 be voteid upon and determined by the voters of the several precincts." 
 Whether or not a city of 6,000, or over, is divided into voting precincts rests 
 in the discretion of th" board. (§2755, .-'S amended by H. F. 405, 37th G. 
 A.) See also Nos. 8, 11 and 12, under §136 below. As to notice of special 
 meetings, see §146. 
 
 It is of the greatest importance that notice be given as indicated in 
 paragraph above, and as required by §§274 6 and 27 55, since the Supreme 
 Court has held that none of the powers enumerated in §2749 (this section 
 states what the powers of the electors at the annual meeting are) (§lo2 be- 
 low), may be exercised by the voters unless proper notice has been given 
 (118 Iowa, 207.) The secretary may not give notice that any proposition will 
 be submitted at the annual meeting unless directed to do so by the Board 
 of Directors. (133 Iowa, 120.) Unless petitioned, it is discretionary with 
 the Board of Directors whether a proposition will be submitted. (2749.) 
 Sec. 130. Beginning, Duration and Closing the Meeting. 
 
 In school corporations of five thousand, or more, inhabitants the polls 
 shall open at 9:00 a. m. (§27 56.) In all other corporations the polls shall 
 open at 1:00 p. m. (§2754.) 
 
 In school corporations having five thousand or more inhabitants the 
 polls shall remain open from 9:00 a. m. to 7:00 p. m. (§2756.) In inde- 
 pendent city or town districts not included in above class they shall remain 
 open at least five hours (§27 54.) In rural independent districts and school 
 townships they shall remain open at least two hours (§2754.) 
 
 33 
 
The proceedings taken will not be invalidated, however, because the 
 polls are kept open a longer time than is required. (172 Iowa 340.) 
 Sec. 131. Organization of Meetings. 
 
 The president and secretary of the board, with one of the directors, 
 shall act as judge of election in corporations of less than five thousand 
 population (§2746.) In the absence of any of these officers, the electors 
 present shall fill the vacancy from their number (§274 6.) For corporations 
 of five thousand, or more, the board shall select three voters of the precinct, 
 one of whom shall act as clerk, who shall be sworn, as provided in case of a 
 general election. Such judges may or may not be members of the board, as 
 the board may determine, provided that not more than one member of the 
 board shall act as judge at any one voting precinct. (§2756.) But "irregu- 
 larities in the selection of election judges will be disregarded unless preju- 
 dice is shown." (172 Iowa 340.) 
 Sec. 132. Election of Directors — Vacancies. 
 
 In all independent school corporations directors shall be chosen at the 
 annual meeting on the second Monday in March, by ballot (§2746.) If a 
 vacancy exists, or if one has been filled by the board prior to this meeting, 
 the electors, in addition to choosing a director for the regular term, should 
 also elect a person to fill the vacancy (2771.) The ballot should designate 
 whether the person is a candidate for the full term, or to fill the vacancy 
 (§2746.) School townships having an even number of subdistricts elect a 
 director-at-large at the annual meeting. Those not divided into subdis- 
 tricts elect three directors at the annual meeting (§2752.) As to number 
 of directors see §127. 
 
 Sec. 133. Names of Candidates for Du*ector and Treasurer Filed in Inde- 
 pendent City and Town Districts. 
 
 " * * * The names of all persons nominated as candidates for of- 
 fice in all independent city or town districts shall be filed with the secre- 
 tary of the School Boai-d not later than seven days previous to the day on 
 which the annual school election is to be held, each candidate to be nomi- 
 nated by IX petition signed by not less than ten qualified electors of the dis- 
 trict. The secretary of the School Board shall cause to be printed ballots 
 upon which shall appear in alphabetical order the names of all candidates 
 for each office, filed as herein provided, and a blank line for each such officer 
 to be elected, and there shall be at the left of each name and each blank line a 
 square, arid there shall also be a direction to the voter as to the niunber of 
 candidates to be voted for at said school election. Ballots shall be printed 
 upon plain, substantial paper of uniform quality, and shall have no party 
 designation or nxark whatever. The secretary of the board shall cause to be 
 delivered at the several polling places a sufficient number of ballots. In all 
 other respects the said school election in independnt city or town districts 
 shall be conducted under the general election laws of the state of Iowa so 
 far as same may be applicable." (§2754.) 
 
 Sec. 134. Foi-m of Petition to Nominate Candidates in Town and City Dis- 
 tricts. 
 
 See §133. 
 
 NOMINATIO'N PAPERS FOR THE OFFICE OF 
 
 I, the undersigned, a duly qualified elector of the Independent School District 
 
 of , County of , State of 
 
 Iowa, do hereby nominate , a resident of the 
 
 said Independent School District of , County 
 
 of , State of Iowa, as a candidate for the 
 
 office of , to be voted for at the regular 
 
 election held on the second Monday in March, 191 
 
 N'ame. Residence. Date of 
 
 (With street and number, if any.) Signing. 
 
 34 
 
Sec. 135. Election of Treasiu'er. 
 
 In independent city and town corporations a treasurer shall be chosen 
 at the same time, and in the same manner, that directors are chosen; that 
 is, by ballot at the annual meeting of the electors. The term of office be- 
 gins July 1 following the election and continues two years (§2754.) In 
 all other school corporations the treasurer is^ elected by the board at the 
 July meeting for the term of one year (§2757.)" 
 Sec. 136. Powers of Electors. 
 
 When due notice has been given by the secretary (see §129 and §146), 
 the electors have, in addition to electing a director, or directors, and a treas- 
 urer in corporations of five thousand or more, when assembled at the annual 
 meeting, the following powers: 
 
 1. To direct a change of textboolts regularly adopted. (Except in ru- 
 ral districts where there is county uniformity.) 
 
 2. To direct the sale, or make other disposition of any schoolhouse, 
 or site, or other property, belonging to the corporation, and the application 
 to be made of all the proceeds of such sale. 
 
 3. To determine upon added branches that shall be taught, but in- 
 struction in all branches except foreign languages, shall be in English. 
 
 4. To instruct the board that school buildings may or may not be used 
 for meetings of public interest. 
 
 5. To direct the transfer of any surplus in the schoolhouse fund to the 
 general fund. 
 
 6. To authorize the board to obtain, at>the expense of the corporation, 
 roads for proper access to its schoolhouses. 
 
 7. To vote a schoolhouse tax, not exceeding ten mills on the dollar in 
 any one year, for the purchase of grounds, construction of schoolhouses, 
 the payment of debts contracted for the erection of schoolhouses, not in- 
 cluding interest on bonds, procuring libraries for, and opening road to 
 schoolhouses. (§2749, as amended by H. F. 565, 37th G. A.) 
 
 8. To authorize the board to issue school building bonds. (§2812-D.) 
 If it is desired to issue bonds in a sum in excess of one and one-fourth per 
 cent of the actual valuation of the property of the corporation, see §230 
 below, 
 
 9. To vote on a proposition for county uniformity of textbooks when 
 such proposition is submitted by the County Board of Education. (§2831.) 
 
 10. To vote a judgment tax. (§2811.) 
 
 11. To furnish free textbooks (§2836.) This proposition can be sub- 
 mitted only when ten per cent of the qualified voters shall file a petition 
 therefor with the secretary thirty days or more before the annual meeting 
 of the electors. (§2836, as amended by H. F. 49, 37th G. A.) 
 
 12. To authorize in districts containing or contained in cities of the 
 first or second class, cities under special charter, or cities under the commis- 
 sion plan of government, the use of school buildings and grounds, etc., for 
 recreation purposes, twenty-five per cent of the voters petitioning therefor. 
 (§2823-u.) 
 
 13. May restrict school board in permitting school buildings to be 
 used for other than school purposes. Such action must be taken at an (H. 
 F. 167, 67th G. A.) annual meeting. 
 
 Sec. 137. When Propositions Must Be Submitted. 
 
 " * * * The board may, or, upon the wi'itten request of five vot- 
 ers of any rural independent district, or of ten voters of any school town- 
 ship, or of twenty-five voters of any city or town independent district having 
 a population of five thousand, or less, or of fifty voters of any other city or 
 town independent district, shall provide in the notice for the annual meeting 
 for submitting any proposition authorized by law to the voters." (§2749.) 
 
 35 
 
And when so petitioned it is mandatory upon the board to provide for 
 submitting any proposition included in the petition. Since §274 6 requires 
 ten days' notice to be given, it is necessary that petitions be filed with the 
 board more than ten days before the annual meeting, to enable it to direct 
 the secretary to give proper notice that such propositions will be submitted. 
 (See exceptions, however, noted in Nos. 8, 11 and 12, next above.) 
 Sec. 138. Election by Ballot — Form of Proposition. 
 
 All elections by the people shall be by ballot. (Cons, of Iowa, Art 2, 
 §6), and " * * * ^11 propositions shall be voted upon by ballot in sub- 
 stantially the following form: 'Shall a change of textbooks be directed?' 
 (or other question, as the case may be,); and the voter shall designate his 
 vote by writing the word 'yes* or 'no' in an appropriate place on the ballot." 
 §(2749.) The omission from the official ballots of the detailed proposition 
 to be voted on does not necessarily invalidate an election. "If the voter 
 knows, or can readily ascertain the full scope and meaning of the proposition 
 by reference to other papers and proceedings, it is sufficient. In other 
 words, the langaiage of the ballot is to be construed in the light of facts 
 connected with the election." (173 Iowa 610.) For form of proposition 
 when it is desired to issue school building bonds in excess of one and one- 
 fourth per cent of the actual valuation of the property of the corporation, 
 see §230. 
 
 A tie vote for director or treasurer shall be publicly determined by lot, 
 forthwith, before adjournment, under the direction of the judges (§2754), 
 and the judges of election shall issue certificates of election to the direc- 
 tors chosen. (§2748.) 
 Sec. 139. Who May Vote ankl Qualifications of Electors. 
 
 See §153. 
 Sec. 140. Registration — When Required. 
 
 "Each school corporation having five thousanki, or more, inhabitants 
 may be divided into such number of precincts as the Board of Directors shall 
 determine, in each of which a poll shall be held at a convenient place, fixed 
 by the Board of Directors, for the reception of ballots of voters residing in 
 such precinct. The clerk of the city shall furnish to the Board of Directors 
 the last i-egistei's of elections, and these registers shall be used at, and have 
 the same foice and effect at school elections held under this section in re- 
 ception of votes thereat, as at general elections. The Boai'd, of Directors of 
 such school corporation, on or befoi'e the last Monday preceding such elec- 
 tion shall appoint two suitable persons to be registrars in each of the elec- 
 tion precincts of such school corporation for the registration of voters there- 
 in, who shall have the same qualifications as registrars appointed for gen- 
 ei'al elections, and shall qualify in the same manner, and receive the same 
 compensation to be paid by the school coi*poration. The registrars shall 
 meet on the day of election at the voting place in the precinct in which 
 they have been appointed, and shall hold continuous session from nine 
 o'clock in the forenoon until seven o'clock in the afternoon. Any person 
 claiming to be a votei', and who is not already registered! in the proper pre- 
 cinct, may appear before them in the election precinct where he claims he 
 is entitled to vote, and make, and subscribe to, under oath, a statement in 
 the i-egisti*y book, which oath and statement shall be of the same general 
 character as that prescribed by section 1077 of the code, and shall thereupon 
 be granted a certificate of registration. * * * j^o register shall be 
 prepared, nor shall registration be required, in any school corporation con- 
 taining a city in which registration is not i-equired at the general or city 
 elections." (§2755, as amended by H. F. 405, 37th G. A.) 
 Sec. 141. Who May Be Director and Tei-m of Office. 
 
 See §143 below. The term of office in school townships is one year 
 and in independent districts it is three years. (§2745.) 
 
 36 
 
Sec. 142. Vacancies in Office of Director of Independent Districts. 
 
 The law pertaining to vacancies in the offices of subdirector and direc- 
 ^4or in independent districts is the same. See §158 and the first sentence 
 of §148. 
 
 Sec. 143. Poll Books. 
 
 At tlie annual meeting the secretary shall record in a book provided 
 for that purpose the names of all persons voting thereat, the number of 
 votes cast for each candidate, and for and against each proposition submitted. 
 
 ■ (§2761.) 
 
 Sec. 144. Organization of Boards. 
 
 See §44. Persons elected to fill vacancies on any board will assume the 
 duties of their office as soon as they qualify. They must qualify within ten 
 days from the date of their election or appointment. (Code, §1295.) 
 Sec. 145. Financial Statement. 
 
 It is the duty of the board of every school corporation, two weeks be- 
 
 ' fore the annual school election in March, to publish, by insertion in one or 
 more newspapers, if any are published in such district, or, if there are none, 
 by posting up not less than three detailed and specific statements of receipts 
 and expenditures for the year preceding. They shall, in like manner, pub- 
 lish an estimate of the amounts they believe necessary to maintain the 
 
 ischools for the ensuing school year. (§2781, as amended by H. F. 412.) 
 Sec. 146. Special Meetings of Electors — Notices. 
 
 A special meeting may be held, which " * * * shall have the 
 power given to a regular meeting with reference to the sale of school prop- 
 erty, and the application to be made of the proceeds, and to vote a school- 
 house tax for the pxu'chase of a site and the construction of a necessary 
 
 . schoolhouse, and for obtaining roads thereto." (§2750.) The provisions 
 
 , of the law pertaining to special meetings of the electors, and the notice 
 thereof, are found in §§2750, 2753, 2763-A, 2763-B, 2763-C, 2794-A and 
 2820-d 3. (See §§85 to 88.) It is important to remember that the notice 
 required to be given for a special meeting is not the same in every case as 
 :ihe notice required to be given for the regular annual meeting. For ex- 
 ample: in a school township, at the regular annual meeting, notices must 
 be posted in five public places in the corporation (§2746), whereas, at the 
 special meeting in the school township at least five notices must be posted, 
 and they shall be posted at the door of each schoolhouse, and also at or 
 
 ■ near the last place of meeting. (§2763-C.) 
 
 The above does not mean, however, that a special election of the voters 
 for the purpose of changing the form of organization must be held at a cer- 
 -jtain time. 
 
 J,;.' Section 2820-d 2 provides (See §230) that certain independent districts 
 -may contract an indebtedness not exceeding five per cent of the actual 
 value of the taxable property, and section 2820-d 3 provides that notice 
 .thereof shall be given by publication in a newspaper. These statutes have 
 .been construed by the Supreme Court, in 172 Iowa 340, in which it is said: 
 f 'Coming down to the crucial question before us, we find that in one sec- 
 tion there is a provision that notices of both annual and special meetings 
 i must be given by posting. (§§2746, 2750) ; yet section 2820-d-3 says that no- 
 tice of such an election as was hei*e held shall be by publication. The only 
 way to harmonize these is to say that the first two relate to other than inde- 
 ., pendent districts, and the last to indei>endent districts, or to independent 
 "districts, under certain conditions Which are here present — that is to say, 
 to the creation of certain indebtedness. But if they cannot be harmonized, the 
 Isfst section is the last expression of the legislature applicable to such elections 
 as are here involved, and, being the last, all former statutes with reference 
 to the same subject inconsistent with the latter one are, by implication, re- 
 
 37 
 
pealed. Whichever view be taken, as defendant followed the law as found 
 in §§3820-d 1 to 2830-d-4, the published notice must be upheld." (172 
 
 Iowa 340.) , : ' J L.^» 
 
 CHAPTER Vm. 
 
 THE SUBDISTRICT MEETING. 
 
 Sec. 14T. Date. Sec. 153. Who May Vote — Qualification 
 ' 14S. Notice — Hy Wliom Posted. of Electors. 
 
 149. Purpose of Meeting and Powers 154. Who May Be Director, 
 of Electors. 155. Term. 
 
 150. Beginning-, Duration and Clos- 156. Failure to Elect — Holdover. 
 ing the Meeting. 157. When to Qualify. 
 
 151. Organizing and Conducting. 158. Vacancies — How Created. 
 
 152. Election by Ballot — N'o Cau- 159. Vacancies — How Pilled, 
 cus — Tie Vote. 
 
 A meeting of the voters of each subdistrict of the school township shall 
 be held on the first Monday in March (§2751.) Special meetings may also 
 he held. See §149 below. 
 
 Sec. 148. Notice — By Whom Posted. 
 
 At least five days' notice of the meeting shall be given by posting no- 
 tices in at least three public places in the subdistrict (2751.) If a special 
 schoolhouse tax is to be voted on the property of the subdistrict, ten days' 
 notice must be given (§2753.) Notices for the regular subdistrict meeting 
 shall be posted by the subdirector, but if there be no subdirector, they shall 
 be posted by the secretary of the board (§2751.) 
 
 Sec 149. Purpose of Meeting and Powers of Electors. 
 
 The voters shall select a chairman and secretary, who shall act as 
 judges of election. They shall also elect a director for the subdistrict 
 (§2751), and, if ten days' notice has been given, may vote to raise a greater 
 amount of schoolhouse tax than that voted by the voters of the school town- 
 ship, the aggregate amount of both not to exceed fifteen mills on the dol- 
 lar (§27 53.) A special meeting may also be held to vote a special school- 
 house tax, ten days' notice being given (§2753.) 
 
 Sec. 150. Beginning, Diu'ation and Closing the Meeting. 
 
 The subdistrict meeting shall not organize earlier than nine o'clock 
 a. m., and shall not adjourn earlier than twelve o'clock m. (§2751.) The 
 polls shall remain open at least two hours. (§2754.) 
 
 Sec. 151. Organizing and Conducting. 
 
 Any qualified voter may call the meeting to order, and the first busi- 
 ness is the election of a chairman and a secretary from among the voters 
 present (§2751.) The chairman shall declare the polls open for the purpose 
 of electing a director of the subdistrict, and for such other business as may 
 come before the meeting, stating each proposition. When the hour for 
 closcing arrives the chairman should declare the polls closed, and the judges 
 of election should then proceed to canvass the vote. These officers will cer- 
 tify the result to the secretary of the school township, and issue to the suc- 
 cessful candidate for director a certificate of election (§2751.) The judges 
 of election are not required to qualify. 
 
 Sec. 152. Election by Ballot — No Caucus — Tie Vote. 
 
 The director of a subdistrict shall be chosen by ballot (2751.) All 
 propositions coming before the meeting shall be voted on by ballot. (Cons, 
 of Iowa, Art. 2, §6.) Voting for a subdirector by ballot means depositing in 
 the ballot box a paper upon which is written, or printed, the name of the 
 person voted for. 
 
 38 
 
An informal ballot or caucus can be no part of the subdistrict meeting. 
 If it is desired to select candidates, this must be done before the organiza- 
 tion of the meeting. But one lawful ballot may be cast or one vote taken. 
 A tie vote shall be publicly determined by lot forthwith, before adjourn- 
 ment, under the direction of the judges. (§2751.) 
 
 Sec. 153. Who May Vote — Qualification of Electors. 
 
 To have the right to vote at a school meeting one must have the same 
 qualifications as for voting at a general election, and must at the time be 
 a resident of the corporation or subdistrict (2747.) To be entitled to the 
 right of suffrage a person must be a (1) male, (2) a citizen of the United 
 States, (3) 21 years of age, (4) a resident of the state six months next pre- 
 ceding the election, (5) and of the county sixty days. (Cons, of Iowa, §1, 
 75 Iowa, 222.) Foreign-born citizens must have completed naturalization 
 to be eligible to vote (§2747, 138 Iowa, 730.) All persons born or natural- 
 ized in the United States, and subject to the jurisdiction thereof, are citizens 
 of the United Slates, and of the State wherein they reside. (Cons, of 
 United States, 14th Amendment. Women who have the qualifications of 
 voters, except as to sex, may vote on propositions for the issuing of bonds 
 for school purposes or increasing the tax levy. (138 Iowa 730, §2747.) 
 Separate ballot boxes must be provided for men and women, (Code, §1131, 
 172 Iowa 340.) 
 
 Sec. 154. Who May Be Director or School Officer. 
 
 A director may be of either sex, and must, at the time of the election 
 or appointment, be a citizen and a resident of the subdistrict, and over 
 twenty-one years of age, and, if a male, he must be a qualified voter of the 
 corporation (§2748.) Women may hold any school office. 
 
 Sec. 155. Term. 
 
 The term of the director elected at the subdistrict meeting begins July 
 1 following date of election, and continues for one year (§2757.) One 
 elected or appointed to fill a vacancy assumes the duties of his office as 
 soon as he qualifies, and he must qualify within ten days after his election 
 or appointment. (Code, §1275.) 
 
 Sec. 156. Failure to Elect — Hold Over, 
 
 In case of the failure of a subdistrict to elect a director at the regular 
 meeting, the director in office June 30th may hold over by requalifying 
 within ten days. If a director-elect fails to qualify by the close of July 1st, 
 unless he is his own successor, the old director may hold over by requalify- 
 ing within ten days. (Code, §§1265 and 1275.) 
 Sec. 157. When to Qualify. 
 
 The person elected director for the term which commences July 1st 
 has until the close of that day in which to qualify (§2758.) A person 
 elected or appointed to fill a vacancy has ten days from the date of his elec- 
 tion or appointment. (Code, §1275.) A director who holds over has ten 
 days from the date of the organization of the board. (Code, §1275.) 
 Sec. 158. Vacancies — How Created. 
 
 A vacancy may be created by death, resignation, accepting the office 
 of secretary or treasurer, removal from the subdistrict or corporation, fail- 
 ure of one who might hold over to requalify. (Code, §1266.) 
 Sec. 159. Vacancies — How Filled. 
 
 (1) By the Board of Directors until the next election, and (2) by the 
 voters for the remainder of the term. If there is a vacancy in the office of 
 subdirector, or a vacancy has been filled by the board before a subdistrict 
 election, some person should be elected to serve out the remainder of the 
 term from date of subdistrict election until July 1 (§§2758 and 2771.) 
 This should be done at the sanle time, and on the same ballots, that the 
 
 39 
 
director for the term commencing July 1 is chosen. One candidate should 
 be designated as "dii'ector for teiin commencing July 1," and the other as 
 "director to fill vacancy." One person may be a candidate "to fill vacancy" 
 and at the same time a candidate for the "tei-m commencing July 1." 
 
 CHAPTER IX. 
 
 THE TEACHER. 
 
 162. 
 
 163. 
 
 164. 
 
 Sec. 160. The Teacher's Qualifications 
 as to Age and character. 
 161. Normal Training Required 
 After July 4, 1915. 
 Scholastic Qualifications — Reg- 
 istration — The Contract. 
 The Contract. 
 
 Contracts Signed by President. 
 165. Breaking Contract to Teach. 
 
 166. Discharge of Teacher. 
 
 167. Holidays. 
 
 168. Teacher Entitled to Compensa- 
 tion. 
 
 169. Epidemic — Closing School. 
 
 170. Closing — Loss Made Good. 
 Teachers' Certificates — 
 
 171. Rules Governing Examinations 
 — Grading Papers. 
 Classes of Certificates Issued. 
 State Certificates — How Issued. 
 
 174. Uniform County and Special 
 Uniform County Certificates. 
 Grades Required for Uniform 
 County Certificates. 
 
 176. Subjects Required for Uniform 
 County Certificates. 
 
 177. Life Certificates. 
 
 178. Validity of Certificates. 
 
 179. Revocation of Certificates. 
 
 172. 
 173. 
 
 175. 
 
 180. The Teacher's Duties. 
 
 Specific Duties Imposed. 
 
 181. Keep Register. 
 
 182. File Term Report With Secre- 
 tary. 
 
 183. Report to County Superintend- 
 
 ent. 
 
 184. Instruction in Stimulants and 
 Narcotics. 
 
 185. Report Violations of Attend- 
 ance Law. 
 
 186. Teacher Not to Be Agent for 
 School Supplies. 
 
 187. Care of Library. 
 
 188. Vocal Music to Be Taught. 
 
 189. Janitor Work. 
 
 190. Teachers' Institutes. 
 
 191. Pire Drills — Duty of Teacher. 
 
 192. The Teacher's Authority. 
 
 193. Suspension or Expulsion of 
 Pupil. 
 
 194. Corporal Punishment. 
 
 195. Offenses Committed Off School 
 Premises. 
 
 196. The Bible in the Schools. 
 
 197. Length of School Day. 
 
 198. Minimum Wage for Teachers. 
 
 199. Scale of Wages Paid Teachers. 
 
 200. Flags for Public Schools. 
 
 201. Teachers' Annuities. 
 
 Sec. 160. The Teacher's Qualifications as to Age and Character. 
 
 Under a ruling of the State Board of Educational Examiners no person 
 under the age of eighteen years may teach in the public schools. Before 
 admitting anyone to a teachers' examination the County Superintendent 
 must be satisfied that the applicant is of good moral character, and in all 
 other respects than scholarship is possessed of the necessary qualifications 
 as an instructor. (§2734-L.) 
 
 Sec. 161. Normal Training Required. 
 
 Applicants shall have had twelve weeks of norman training; provided, 
 however, that (1) this requirement shall not apply to the graduates of the 
 state educational institutions, to the graduates of accredited colleges of the 
 State, or to graduates of colleges of equal grade outside the State. 
 (2) Neither does it apply to those who have had six months' successful 
 teaching experience. (3) However, if there be schools without teachers, 
 and teachers cannot be secured meeting the requirements as to normal 
 training, provisional certificates may be issued to so many teachers as shall 
 be required to supply such schools. (§§27o4-p, 2734-p 2.) 
 
 Sec. 162. Scholastic Qualifications — Registration — The Contract. 
 
 Before a teacher may legally teach in the public schools of the State 
 three things are necessary. 
 
 (1) Certificate to Teach. "No person shall be employed as a teacher 
 in a common school which is to receive its distributive share of the school 
 fund without having a certificate of qualification * * * ^ and no com- 
 pensation shall be recovered by a teachei" for services rendered while without 
 such a certificate or diploma." (§2788.) 
 
 4.0. 
 
(2.) Registration of Certificate. "No person shall teach in any pub- 
 lic school in this State whose certificate has not been registered with the 
 County Superintendent of the county in which such school is located." 
 
 (§234-Q.) 
 
 (3) Enter Into a Contract to Teach. " * * * Contracts with 
 teachers must b© in writing, and shall state the length of time the school 
 is to be taught, the compensation per week of five school days, or month 
 of foTU* weeks, and such other matters as may be agreed upon, signed by 
 the president and teacher, and filed with the secretary before the teacher 
 commences to teach vinder such contract." (§2778.) 
 
 Of the requirements above mentioned the first two named are absolute 
 requirements, and can not be legally dispensed with. Unless these two 
 things are done, a teacher has no standing as such, and anyone interested 
 in a legal sense, as a resident taxpayer of the school corporation, may apply 
 to a court i'or a writ to prevent the board from continuing such instruction, 
 and to restrain the board from paying for the same. "Boards employing 
 and paying such teachers are liable to ijrosecution vinder the provisions of 
 the general statvites for misapplication of fimds." (Code, §§4904, 4908, 
 2822.) 
 Sec. 163. The Contract. 
 
 As above noted, the contract must be in writing, and in all other re- 
 spects conform to the statute (§2778) and in no legal rights and responsi- 
 bilities are incurred by an oral contract to teach on the part of the teacher 
 or the board, but "however informal and insufficient the contract may be 
 originally, if the teacher teaches under it, and the board does any act recog- 
 nizing and accepting his services as rendered under the contract, it is a rati- 
 fication which makes the contract binding in all its terms upon both parties." 
 (Ebersole's Enyclopedia of Iowa Law, §1730.) (152 N. W. (la.) 571.) A 
 teacher without a contract has no standing as such unless the board in some 
 manner expressly, or by its acts, ratifies the oral contract. Since no one 
 may teach a public school unless he is the holder of a teacher's certificate 
 (§2788), it follows that an oral contract with a teacher who is not the holder 
 of a teacher's certificate may not be ratified. The only safe way, it seems 
 scarcely necessary to state, is to require the contract to be signed by both 
 parties and filed with the secretary before the teacher commences to teach. 
 - Boards of directors, in order to transact any legal business within their 
 power, must meet and transact business as a board. Assent of members sep- 
 arately is not sufficient. (47 Iowa, 11.) 
 
 All matters agreed upon should be incorporated into the written con- 
 tract. The law presumes that the written contract embraces the entire 
 agreemenc of the parties (52 Iowa, 130), and oral evidence may not ordi- 
 narily be given to change such contract. A contract violating the terms of 
 the law, or unauthorized by the board, is wholly illegal and void, so far as 
 the corporation is concerned, but the persons signing such contract may be 
 held personally for its performance. (37 Iowa, 314.) 
 Sec. 164. Contracts Signed by President. 
 
 The president shall sign all contracts made by the board, but the board 
 may authorize any subdirector to employ teachers for the schools in his sub- 
 district, the contract to be approved and signed by the president. (§§2778, 
 2759.) No contract to teach shall extend beyond July 1, the end of the 
 school year. 
 Sec. 165. Breaking Contract to Teach. 
 
 Either party breaking a contract to teach is entitled to damages — and 
 a teacher not permitted to complete her contract unless discharged for valid 
 reasons, or unless her certificate is revoked (§2782) is entitled to damages, 
 the amount of damages being equivalent to the wages lost. (Ill Iowa, 20; 
 
 41 
 
110 Iowa 314.) If legally discharged, her wages cease from date of dis- 
 charge. 
 Sec. 166. — Discharge of Teacher. 
 
 "It (the board) may, by a majority vote, discharge any teacher for in- 
 competency, inattention to duty, partiality, or any good cause, after a fuU 
 and fair investigation made at a meeting of the board held for that pur- 
 pose, at which the teacher shall be permitted, to be present and make de- 
 fense, allowing him a reasonable time therefor." (§2782.) 
 Sec. 167. Holidays. 
 
 It is lawful and quite usual for a board to give teachers holidays, and 
 make no deduction from their wages. The teacher, however, may no^ claim 
 It as a right. (Note 18, §2782.) 
 Sec. 168. Teacher Entitled to Compensation. 
 
 If a teacher is at the schoolhouse at the proper time, and remains dur- 
 ing school hours, he is entitled to pay therefor, according to his contract, 
 whether scholars are present or not. (Note 19, §2782.) 
 Sec. 169. Epidemic — Closing School. 
 
 If the local board of health, or the Board of Directors, closes a school 
 on account of the presence of a contagious disease, or for like reason, the 
 teacher is entitled to pay for such time according to his contract. (Note 20, 
 §2782.) 
 Sec. 170. Closing — Loss Made Good. 
 
 If the schoolhouse is destroyed, or the school is closed indefinitely by 
 causes beyond the control of either party to the contract, the teacher being 
 ready to comply with his part, can collect pay according to contract. If said 
 teacher uses proper diligence to secure employment at something which he 
 can do, and secures such employment, the district will pay him the differ- 
 ence between the amount received in his new work and the amount of his 
 wages under the contract. In other words, his actual loss should be made 
 good. (Opinion of attorney general.) (Note 22, §2782.) 
 
 TEACHERS' CERTIFICATES. 
 
 Sec. 171. Rules Governing Examinations — Grading Papers. 
 
 Since this topic is of little importance to school officers the reader is 
 referred to §§2629 and 2734-M for the law thereon. 
 Sec. 172. Classes of Certificates Issued. 
 
 The various classes of certificates issued are: first, second and third 
 grade and special state certificates, life diplomas, first, second, third grade 
 and provisional uniform county certificates, special uniform county certifi- 
 cates, life certificates, and normal training certificates of graduation. 
 (§§2734-D, 2629, 2634-b 7.) 
 Sec. 173. State Certificates — How Issued. 
 
 First and second-grade State certificates and special state certificates 
 are issued for five years, and may be renewed under certain restrictions. 
 The life diploma is good for life unless revoked for cause. 
 Sec. 174. Unifonn County and Special Uniform County Certificates. 
 
 First grade and special uniform county certificates are issued for three 
 years; second-grade and normal training graduation certificates for two 
 years, and third-grade certificates for one year. All first and second grade, 
 normal training graduation, and special uniform county certificates which 
 have not lapsed are indefinitely renewable under certain conditions. Third 
 grade certificates are renewed for one year. (§2734-E, H, G, I; §26o'4-D-5.) 
 
 Regular examinations for uniform county and special uniform county 
 certificates are held on the last Friday and the Wednesday and Thursday 
 preceding in the months of January, June, July and October. (§273'4-C.) An 
 examination shall also be held on the last Friday of August and the two 
 
 42 
 
days preceding for such persons as file certificates of attendance during the 
 summer preceding, at a summer school approved for the twelve weeks of 
 normal training. (2734-C.) 
 Sec. 175. Grades Required for Uniform County Certificates. 
 
 The average and minimum standings for each grade of uniform county 
 certificate are as follows: 
 
 First grade, average 85 per cent, no grade below 75 per cent. 
 
 Second grade, average 75 per cent, no grade below 70 per cent. 
 
 Third grade, average 65 per cent, no grade below 60 per cent. 
 Sec. 176. Subjects Required for Uniform County Certificates. 
 
 Applicants for second and third grade uniform county certificates shall 
 pass an examination in didactics, reading, orthography, writing, arithmetic, 
 geography, grammar, history of the United States, vocal music, and physi- 
 ology, and hygiene. Applicants for first grade certificates, in addition to 
 the above named subjects, must pass an examination in civics, economics, 
 physics, and algebra. (§2734-d.) 
 
 The teaching of elementary agriculture, domestic science and manual 
 training is required, and teachers' examinations include agriculture, domestic 
 science or manual training for those who must teach these subjects. 
 (§2775-a. ) The Board of Directors, however, may dispense with the teach- 
 ing of these subjects at their discretion in rural schools. (S. F. 238, 37th 
 G. A.) Special uniform county certificates are issued for one or more 
 branches, such as music and penmanship, and authorize the teaching of the 
 special subject only. 
 
 Sec. 177. Life Certificates. 
 
 Regular five-year State certificates of the first and second grade, spe- 
 cial State certificates, first and second grade and special uniform county 
 certificates may be validated for life, except that the holders of uniform 
 county certificates must have an average of 8 5 per cent, with no branch be- 
 low 80 per cent. Five years' teaching experience is required, and successful 
 teaching and professional study must be certified to by the Superintendent 
 and recommendations made by school officers. All life certificates shall lapse, 
 provided the holder shall not teach during a period of five successive yearsi 
 (§2634-H-l.) 
 
 Sec. 178. Validity of Certificates. 
 
 Every teacher's certificate issued, except provisional (which may be is- 
 sued, when necessary, under certain restrictions), is valid in any county in 
 the State, but if a sufficient number of certificates higher than the third 
 grade are held in any county to supply the schools thereof, the County 
 Superintendent shall not be required to register third grade uniform county 
 certificates. (§2734-t.) 
 Sec. 179. Revocation of Certificates. 
 
 " * * * j\i,y certificate or diploma issued by the board may be re- 
 voked for any cause which would have authorized or required a refusal to 
 grant the same." (§2734-T.) 
 
 Revocation of Certificate^Charges — ^Trial — Appeal. "When, in the 
 judgment of the County Superintendent, there is probable cause for the revo- 
 cation of a certificate or diploma held by any teacher employed in his county, 
 or when charges are preferred, supported by affidavits charging incompe- 
 tency, immorality, intemperance, cruelty, or general neglect of the bvisiness 
 of the school, the County Superintendent shall, Avithin ten days, transmit to 
 such person a ^vritten statement of the charges prefei'red, and set the time 
 and place for the hearing of the same, at which trial the teacher shall be 
 privileged to be present and make defense. If, in the judgment of the County 
 Superintendent, there is sufficient grounds for the revocation of the certifi- 
 cate or diploma, he shall at once issue in duplicate an order revoking the 
 certificate or diploma, and the same shall become operative, and of full 
 
 43 
 
force and effect ten days after the date of its issue, one copy of the order to 
 be mailed to the holder of the certificate and tlie other to be mailed to the 
 Superintendent of Public Instruction. Provide^d, that the person aggrieved 
 by such order shall have the right to appeal to the Superintendent of Public 
 Instruction within ten days from the date of such mailing, and in case of 
 appeal, the revocation shall not be effective luitil the same is affirmed, after 
 full hearing, by the Superintendent of Public Instruction. Provided fiu*ther, 
 that, in the case of life diplomas, oi" State cei'tificates of whatever class, the 
 I'evocation shall not be effective until affii-med by the Educational Board of 
 Examiners after full review by said board." (§27 34-U.) 
 
 The teacher may appeal from the decision of the County Superintendent 
 to the State Superintendent. See §41. 
 Sec. 180. The Teacher's Duties. 
 
 The contract to teach school does not bind the teacher to the highest 
 order of talent and industry; only ordinary qualifications are called for. If 
 she teaches ordinarily well, and governs the school ordinarily well, that is 
 all than can be required of her in these matters. The common branches are 
 all that she is required to teach unless she has contracted to teach other 
 branches in which she has passed an examination. A teacher must have a 
 good moral character (§2734-L), and this means that she should refrain 
 from things that are offensive to the moral sense of the community. She 
 must observe all reasonable rules of the board and perform all other duties 
 imposed upon her by law. For a failure in these respects she may be dis- 
 charged by the board. (§2782.) See §166. 
 
 SPECIFIC DUTIES IMPOSED. 
 
 Sec. 181. Keep Register. 
 
 "Eacli teacher shall keep a daily register which shall correctly exhibit 
 the name or number of the school, the disti'ict and county in which it is lo- 
 catetl, the day of the week, month, year, and the name, age and attendance 
 of each scholar, and the branches taught; and ^hen scholars reside in differ- 
 ent districts separate registers shall be kept for each district. * * * 
 (§2789.) 
 Sec. 182. File term Report With Secretary. 
 
 " * * * A certified copy of the register (mentioned in paragi'aph 
 above) shall immediately, at the close of the school, be filed by the teacher 
 in the office of the secretai-y of the board. * * * " (§2789.) 
 Sec. 183. Report to Coimty Superintendent. 
 
 " * * * The teacher shall file ^rith the County Superintendent 
 such reports, and in such manner as he may require." (§2789.) For a 
 refusal to file unifoi-m and reasonable reports her certificate may be re- 
 voked." (§§2734-U, 2782.) 
 
 Sec. 184. Instruction in Stimulants and Narcotics. 
 
 "It (the board) shall require all teachers to give, and all scholars to 
 I'eceive in.struction in physiology a?id hygiene, which study, in every division 
 of the subject, shall include the effects upon the human system of alcoholic 
 stimulants, narcotics and poisonovLS substances. * * * " (§2775.) 
 Sec. 185. Report Violations of Attendance Law. 
 
 "All teachers of the public schools shall promptly report to the secre- 
 tary of the board any violations of the provisions of this Act." (§2'823-G.) 
 See §211. 
 Sec. 186. Teachers Not to Be Agent for School Supplies. 
 
 It is a misdemeanor for any teacher to act as agent for school supplies 
 or textbooks during her employment as teacher. (§28 34.) 
 Sec. 187. Care of Library. 
 
 See §102. 
 
 44 
 
Sec. 188. Vocal Music to Be Taught. 
 
 Vocal music must be taught in all public schools, and all teachers, 
 except in schools where instruction in music is given by special teachers, 
 must pass an examination in music, but inability to sing shall not be con- 
 sidered in such examination. (§2823-S.) 
 Sec. 189. Janitor Work. 
 
 "In vei'y many country schools, the teacher is expected to build and 
 keep up the fires in the schoolhouse, and to keep it clean. I do not hesitate 
 to say that no such service can be I'equired of the teacher, miless it is so pro- 
 vided in the contract, or unless, possibly, it has become the custom of the 
 country, so well establisheld, and so generally understood, that the teacher 
 must be presumed to have known it, and to have contracted with reference 
 to it." Ebersole's Encyclopedia of Iowa Law. §1734. 
 Sec. 190. Teachers' Institutes. 
 
 There shall be held, when the schools are generally in session, one, but 
 not more than two, teachers' institutes, as determined by the County Super- 
 intendent. School boards, except in city independent districts, where twen- 
 ty-five or more teachers are regularly employed, shall adjourn their schools 
 for not less than two days in each school year in order to allow teachers to 
 attend the institute without loss of salary. Any teacher failing to attend two 
 days shall forfeit her average daily salary for each day of non-attendance, 
 unless excused by the County Superintendent for physical disability to per- 
 form her duties in the schoolroom. 
 
 In city independent districts, where twenty-five or more teachers are 
 regularly employed, the County Superintendent co-operating with the City 
 Superintendent, shall at time approved by the latter and the City Board of 
 Education, arrange for educational lectures, arrangements subject to final 
 approval by the State Superintendent. "It shall be the duty of teachers in 
 said districts to attend said lectures." The County Superintendent shall is- 
 sue a certificate of attendance showing attendance at institutes and educa- 
 tional lectures. (§2738.) 
 
 Sec. 191. Fire Drills — ^Duty of Teacher. 
 
 Teachers of public and private schools of more than one story shall have 
 at least one fire drill each month, and teachers of all schools shall keep all 
 exits unlocked during school hours. Teachers shall instruct pupils in at 
 least one lesson each quarter of the school year with reference to the causes 
 and dangers of fires, from a bulletin prepared by the State fire marshal. 
 (§2468-k.) 
 Sec. 192. The Teacher's Authority. 
 
 The School Board is given power to make rules and regulations (§2782) 
 for the government of pupils, and it is the duty of teachers to observe any 
 reasonable regulation of the board, but if they fail to make regulations for 
 the government of pupilV, "the law will presume that they have delegated 
 that power to the teacher, and he may establish such rules as are reason- 
 able, not in conflict with law, or with rules already established by the 
 board." (Ebersole's Encyclopedia of Iowa Law, §1736.) Our Supreme 
 Court has said in 31 Iowa 562, that "Any rule of the school, not subversive 
 of the rights of the children or parents, or in conflict with humanity and the 
 precepts of divine law, which tends to advance the object of the law in es- 
 tablishing public schools, must bet considered reasonable and proper." See 
 also §§52, 194 and 195. 
 Sec. 193. Suspension or Expulsion of Pupil. 
 
 " * * * It (the board) may, by a majority vote, expel any scholar 
 from school for immorality, or for violation of the regulations or rules es- 
 tablished by the board, or, Avhen the presence of the scholar is detrimental 
 to the best interests of the school, and it may confer upon any teacher, prin- 
 cipal or superintendent the power temporarily to dismiss a scholar, notice of 
 
 45 
 
such 'dismissal being at once given iu writing to the president of the board. 
 When a scholar is dismissed by the teacher, principal or superintendent, as 
 above provided, he may be readmitted by such teacher, principal or superin- 
 tendent, but, when expelled by the board, he may be readmitted only by 
 the board, or in the manner prescribed by it." (§278 2.) 
 
 For good cause, then, a teacher may dismiss a pupil without fixing the 
 time of return, and require him to leave the school premises, notice being 
 also at once given to the director or president. Final disposal of the matter 
 rests with the board. 
 Sec. 194. CorjJoral Punishment. 
 
 If the rules and regulations of the board do not provide otherwise, the 
 teacher has the right to inflict corporal punishment upon refractory pupils. 
 In the choice of a Itind of punishment, and in the selection of an instrument, 
 as well a.s determining the degree of punishment to be administered, the 
 teacher must exercise a sound discretion. Punishment must be moderate, 
 and for the violation of a rule expressly, or by implication, in force when 
 the offense was committed. If the punishment is too severe, the teacher 
 may be criminally, as well as civilly, liable. (158 Iowa 501.) 
 
 Sec. 195. Offenses Committed Off School Premises. 
 
 A~ teacher may punish for offenses committed by pupils on the school 
 premises, and has joint control with the parent, and may punish for mis- 
 conduct from the time the pupil leaves home to go to school until he reaches 
 home from school. Our Supreme Court has said in 31 Iowa 567, that "The 
 view that acts, to be A\dthout the authority of the School Board and teachers 
 for discipline and coiTection, must be done within school horn's, is narrow 
 and Avithout regard to the spirit of the law and the best interests of oiu*. 
 common schools," and if the effects of acts done outside school hours reach 
 within the schoolroom during school hours, and are detrimental to good or- 
 der and the best interests of the pupils, it is evident that such acts may be 
 forbidden. 
 Sec. 196. The Bible in the Schools. 
 
 "The Bible shall not be excluded from any public school or institvition 
 in the State, nor shall any child be required to read it contrary to the wishes 
 of his parent or guardian," (§2805.) 
 
 While moral instruction should be given in every school, neither this 
 section nor the spirit of our constitution and laws, will permit a teacher or 
 board to enforce a regulation in regard to religious exercises, which will 
 wound the conscience of any, and no scholar can be required to conform to 
 any particular mode of worship. (64 Iowa 367.) The reciting of the Lord's 
 prayer, without more, is not prohibited. (153 N. W. (la.) 1020.) 
 Sec. 197. Length of School Day. 
 
 "The statute nowhere defines a school day, but custom has fixed the 
 length of a school day at six hours. Without special agreement, a teacher 
 could not be required to hold school moi-e than six hours per day, according 
 to the custom, nor could he lawfully shorten the day without the express or 
 implied consent of the board." Ebersole's Encyclopedia of Iowa Law. 
 §1731. 
 
 Sec. 198. Minimvim Wage for Teachers in the Public Schools. 
 
 The Thirty-fifth General Assembly passed a law establishing a minimum 
 wage for teachers in the public rural, graded and high schools of the State. 
 It also prohibits the contracting for, or paying, a lesser sum, and provides 
 penalties for violation of the law. The board, however, may pay a greater 
 wage than the certificate calls for. For requirements for various grades of 
 certificates, see §175. The law follows: 
 
 "All teachers in the public schools of this State shall be paid for their 
 services a minimum wage of not less than the amounts hereinafter set forth. 
 All fractions in average grades to be figured at the nearest whole number. 
 
 46 
 
"1. Teachers holding a first grade uniform county certificate or higher 
 shall be paid a daily wage of not less than a sum obtained by multiplying 
 three (3) cents, by the general average grade shown on such certificate. 
 
 "2. Teachers holding a second grade imiform county certificate shall 
 be paid a daily wage of not less than a siun obtained by multiplying two and 
 three-quarters (294) cents by the general average grade shown on such cer- 
 tificate up to arid including a general average grade of eighty-five (85) per 
 cent. 
 
 "3. Teachers holding a third grade uniform county certificate shall be 
 paid a daily wage of not less than a sum obtained by multiplying two and 
 one-half (2^^ ) cents by the general average shown on such certificate.. 
 
 "Provided that a teacher having contracted on a second or third grade 
 certificate in conformity with this act, shall fulfill such contract at the wage 
 fixed at the time of signing same, plus any additional credit earned under 
 section two hereof. ( § 2 7 7 8 -a . ) 
 
 "Sec. 2. Every teacher holding either a second or third grade certifi- 
 cate who has taught successfully for one year, and attended an approved 
 teachers' training school for a period of six weeks following, shall, upon 
 proper certification of such attendance, receive a credit of three points in 
 estimating the salary dvie, and to be paid, but such credit shall not operate 
 to raise the grade of such certificate. (§2778 -b.) 
 
 "Sec. 3. It shall be imlawful for any school board, or any school offi- 
 cer, to contract for, or pay, a less wage to any teacher in the public schools 
 of this State than the minimiun amounts herein fixed for the grade certifi- 
 cate held by such public school teacher. But nothing herein shall be con- 
 strued as limiting the right to make a lawful contract for a higher wage than 
 herein specified as a minimum." (§2778-c.) 
 
 "Sec. 4. Any school officer violating the provisions of this Act shall 
 be fined a sum of not less than twenty-five ($25.00) dollars, nor more than 
 one hundred ($100.00) dollars, in the discretion of the court, and shall be 
 suspended from office." (§2778-d.) This statute has been held constitu- 
 tional. (§165 Iowa 697.) 
 
 Sec. 199. 
 
 The following schedule indicates the minimum wage teacliers are to 
 receive, based upon the grade of certificate and average grade shown on 
 such certificate: 
 
 THIRD GRADE UNIFORM COUNTY CERTIFICATE, 
 The lowest general average grade for a certificate is 65 per cent. 
 
 Daily Wage. Monthly Wage. 
 
 65 per cent general average grade at 2i/^c $1,625 $32.50 
 
 66 per cent general average grade at 2%c 1.65 33.00 
 
 67 per cent general average grade at 2%c 1.675 33.50 
 
 68 per cent general average grade at 2%c 1.70 S'4.00 
 
 69 per cent general average grade at 2%c 1.725 34.50 
 
 70 per cent general average grade at 2%c 1.75 35.00 
 
 71 per cent general average grade at 2i/^c 1.775 35.50 
 
 72 per cent general average grade at 2i/^c 1.80 36.00 
 
 73 per cent general average grade at 2i/^c 1.825 36.50 
 
 75 per cent general average grade at 2%c 1-825 36.50 
 
 74 per cent general average grade at 2%c 1.85 37.00 
 
 74 per cent with 3 points added at 2%c-— 1.925 38.50 
 
 47 
 
SECOND GRADE UNIFORM COUNTY CERTIFICATE. 
 
 The lowest general average grade for a certificate is 75 per cent. 
 
 Daily Wage. Monthly Wage. 
 
 75 per cent general average grade at 2%c $2.0625 $41.25 
 
 76 per cent general average grade at 2%c 2.09 41.80 
 
 77 per cent general average grade at 2%c 1.1175 42.35 
 
 78 per cent general average grade at 2%c 2.145 42.90 
 
 79 per cent general average grade at 2%c 2.1725 43.45 
 
 80 per cent general average grade at 2%c 2.20 44.00 
 
 81 per cent general average grade at 2%c 2.2275 44.55 
 
 82 per cent general average grade at 2%c 2.255 45.10 
 
 83 per cent general average grade at 2%c 2.2825 45.65 
 
 84 per cent general average grade at 2%c 2.31 46.20 
 
 85 per cent general average grade at 2%c 2.3375 46.75 
 
 85 per cent with three points added at 2%c 2.42 48.40 
 
 FIRST GRADE UNIFORM COUNTY CERTIFICATE. OR HIGHER. 
 
 The lowest general average grade for a certificate is 85 per cent. 
 
 Daily Wage. Monthly Wage. 
 
 85 per cent general average grade at 3c 2.55 $51.00 
 
 86 per cent general average grade at 3c 2.58 51.60 
 
 87 per cent general average grade at 3c 2.61 52.20 
 
 88 per cent general average grade at oc 2.64 52.80 
 
 89 per cent general average grade at 3c 2.67 53.40 
 
 90 per cent general average grade at 3c 2.70 54.00 
 
 91 per cent general average grade at 3c 2.73 54.60 
 
 92 per cent general average grade at 3c 2.76 55.20 
 
 93 per cent general average grade at 3c 2.79 55.80 
 
 94 per cent general average grade at 3c 2.82 56.40 
 
 95 per cent general average grade at 3c 2.85 57.00 
 
 96 per cent general average grade at 3c 2.88 57.60 
 
 97 per cent general average grade at 3c 2.91 58.20 
 
 98 per cent general average grade at 3c 2.94 58.80 
 
 99 per cent general average grade at 3c 2.97 59.40 
 
 100 per cent general average grade at 3c 3.00 60.00 
 
 Sec. 200. Flags for Public Schools — Duty ot Teacher and Board. 
 
 "Section 1. That it shall be the duty of the Board of Directors of each 
 school corporation of this State to provide a suitable flagstaff on each public 
 school building maintained under the authority of such Board of Directors, 
 and to provide each of such school buildings with a suitable flag, and such 
 flag shall be raised over such building on all days when weather suitable 
 therefor shall prevail. 
 
 "Section 2. That at the commencement of each school day the teacher, 
 superintendent, principal, or whoever has the general supervision of the 
 school administration within any such building, may arrange for the raising 
 of such flag, as herein provided for, over the said building, with appropriate 
 services, when weather conditions will permit, at the beginning of ea«h 
 school day." (§2804-a, b.) 
 Sec. 201. Teacher's Annuities in Certain Corporations. 
 
 Independent districts of 75,000, or more, may establish a pension and 
 annuity retirement system for the public school teachers of such district. A 
 retirement fund is created by an annual tax not exceeding two-tenth's of a 
 mill on the dollar, by an assessment of teachers not exceeding one per cent 
 of their salaries, and by the interest on any permanent fund which may be 
 created by gift, bequest, or otherwise. The Board of Directors has charge 
 of the operation of such system. (S. F. 298, 37th G. A.) 
 
 48 
 
CHAPTER X. 
 
 THE PUPIL. 
 
 Sec. 202. "Who May Attend School. Sec. 210. High School Tuition Law. 
 
 203. Admission of Keginners. 211. A Compulsory Attendance. 
 
 204. Defacing Public Property. 212. Miscellaneous Provisions Con- 
 
 205. Indigent Children Furnished cerning Attendance Law. 
 
 Free Textbooks. 213. Use of Tobacco by Pupils Pro- 
 
 206. Provision for Blind and Deaf hibited. 
 
 Children. 214. Music and Physiology to Be 
 
 207. Free Textbooks to Pupils. Studied. 
 
 208. Subject to Rules and Regula- 215. Fraternities Prohibited in Pub- 
 tions of Board. lie Schools — When. 
 
 209. Attending School in Another 
 Corporation. 
 
 Sec. 202. Who May Attend School. 
 
 " * * * Every school shall be free of tuition to all actual resi- 
 dents between the ages of five and twenty-one years. * * * " (§2773.) 
 As to evening schools, see*§71. 
 Sec. 203. Admission of Beginners. 
 
 "All persons of the ages of five to twenty-one, who are actual residents 
 of a school corporation, may attend some school in said corporation, pro-» 
 Arided they are able to be classified under the course of study and rules pre- 
 scribed by the board. Those who have never attended school, or who have 
 not received sufficient instructions to enable them to take the work of some 
 class already organized, may demand admission only when a beginning class 
 is organized," (Note 28 to §2772, School Laws.) 
 Sec. 204. Defacing Public Property. 
 
 "If any person wilfully ^vrites, makes marks or draw characters on the 
 walls or any other part of any chiu-ch, college, academy, schoolhouse, court- 
 house or other public building, or on any fumitiu'e, apparatus or fixtures 
 therein; or wilfully injiu'e or deface the same, or any wall or fence inclosing 
 the same, he shall be fined not exceeding one hmidrd dollars, or imprisoned 
 in the county jail not more than thirty days." (Code, §4802.) 
 Sec. 205. Indigent Children Furnished Free textbooks. 
 
 " * * * It (the board) may fiu'nish schoolbooks to indigent chil- 
 dren when they are likely to be deprived of the proper benefits of school un- 
 less so aided." (§2783.) 
 Sec. 206. Provision for Blind and Deaf Children. 
 
 Any school corporation having five or more blind children of school age 
 may provide instruction for such, to be approved by the Superintendent of 
 Public Instruction. The same provision is made for deaf children. Such in- 
 struction is to be for the first eight grades. The sum of one hundred dollars 
 is paid by the State for the instruction of such children for each child. (S. 
 F. 331, 37th G. A.) I t 
 
 Sec. 207. Free Textbooks to Pupils. 
 
 Free textbooks may be furnished to all pupils if, at the annual meeting 
 of the electors, a majority of those present and voting shall authorize the 
 board to furnish texts to pupils (§28 36), a petition signed by ten per cent, 
 or more, oi the qualified voters, at least thirty days prior to the meeting, 
 having petitioned that such a proposition be submitted. (§2836, as amended 
 by H. F. 49, 37th G. A.) 
 Sec. 208. Subject to Rules and Regulations of the Board. 
 
 Every pupil is subject to the rules and regulations of the board, and 
 may be suspended or expelled from school, or otherwise punished for infrac- 
 tions of the rules. (§§2772, 2782.) See this subject further in §§52 and 
 192. 
 Sec. 209. Attending School in Another Corporation. 
 
 "A child residing in one corporation may attend school in another in 
 the same or adjoining covinty if the two boards agree. In case no such 
 
 49 
 
agreement is made, the County Superintendent of the county in which the 
 child resides, and the boai-d of such adjoining; coi'poration may consent to 
 such attendance, if the child i-esides neai'er a schoolhouse in the adjoining 
 corporation, and one and one-half miles, oi- more, from any public school 
 in the corpoi-ation of his residence. But, befoi-e granting such consent, the 
 County Superintendent shall give notice to the board whei'e the child resides, 
 and hear objections, if any. In case such consent is given, the board of the 
 distiict of tlie child's residence shall be notified thereof in wi-iting, and shall 
 pay to the other district the average tuition per week for the school or 
 room thereof in which such cliild attends. * * * " (§2806, as amended 
 by H. F. 565, 37th G. A.) 
 
 No school corporation is compelled to accept pupils from another cor- 
 poration. Consent of the board of the corporation wherein the pupil re- 
 sides is not necessary, provided the County Superintendent consents, and 
 provided, also, that the pupil lives more than one and one-half miles from a 
 school in his home corporation and nearer a school in another corporation 
 adjoining. 
 Sec. 210. High School Tuition Law, 
 
 "Any person of school age who is a resident of a school corporation 
 which does not offer a four-year high school coui-se, and who has completed 
 the coiu'se as approved by the Department of Public Insti'uction for such cor- 
 poration, shall be permitted to attend any public high school or county high 
 school in the State, approved in like manner, that will receive him. Any per- 
 son applying for admission to any high school luider the provisions of this 
 Act shall present the officials of said high school the affidavit of his, or her, 
 father, mother, guar^dian, or, if he have neithei', Ms next friend, that such 
 applicant is of school age and a resident of a school district of this State, 
 specifying the district. He shall also present a certificate signed by the 
 Coiuity Superintendent showing pi-oficiency in the common school bi-anches, 
 reading, orthogi-aphy, arithmetic, physiology, gi'anunar, civics of Iowa, geog- 
 raphy, United States history, penmanshiii, and nuisic. The school corpora- 
 tion in which such student resides shall pay to the secretary of the corpora- 
 tion in which such student shall be pennitted to enter a tuition fee of five 
 dollars (.$5.00) per month, but in disti-icts in which there is a city of the first 
 class, a tuition fee of seven ($7.00) dollars per month may be charged, in the 
 High School Department in the latter coiporation during the time he so at- 
 tends, not exceetling, however, a total period of four school yeai-s; provided 
 that svich tuition shall in no case exceed the average cost of said tuition in 
 such high school; such pajinent to be made out of the teachers' fimd and the 
 contingent fimd, or out of the general fmul of the debtor corporation, and 
 such tuition fee as collected by the secretary shall be turned over by him 
 with an itemized statement, to the treasurer of the school fimds on or before 
 Februai-y fifteenth and June fifteenth of each year. If payment is i-efused 
 or neglected, the board of the ci-editor corporation shall file with the auditor 
 of the covmty of the pupil's residence a statement, certified by its president, 
 specifying the amoxmt due for tuition and for contingent expenses, respec- 
 tively, and the time for which the same is claimed; and the auditoi- shall 
 transmit to the comity treasurer an order directing such treasurer to transfer 
 the amount of such account from the debtor coi'poration to the creditor cor- 
 poration, and the treasurer shall pay the same in accordance therewith. N,o 
 school corporation situated in a county maintaining a coiuity high school 
 shall be required to pay the tuition of pupils at any high school other than 
 such county high school, but this shall not apply to pupils, who, Avhile resid- 
 ing at home, attend some high school other than that of the school corpoi'a- 
 tion in which they reside; and the tuition to be paid by school corporations 
 in such coimty shall be three and one-half dollars (.$3.50) per pupil per 
 month; provided that, in comities liaAing a high school where a child resides 
 at home and attends a high school outside the district of his residence other 
 
 50 
 
than the county high school, and the school coiijoration where the child re- 
 sides, pays the tviition for such child, and at the end of the school year it is 
 found that less pupils have attended the county high school from the dis- 
 trict where such child resides than was entitled to attend under the county 
 high school apportionment, then, and in that case, the school corporation 
 where such child resides shall be entitled to be reimbursed from the county 
 high school funds for the tuition so paid, not exceeding in the aggregate an 
 amovmt equal to the taxes contributed by such district to said county high 
 school fund for the tax year preceding, fair and equitable credit being given 
 to the county high school fund for pupils actually attending said county high 
 school during said school year from the district where said child resides. 
 The Coimty Superintendent shall, on being applied to for such purpose, de- 
 termine in writing the amoimt due such corporation from the county high 
 school fund, and furnish suqh corporation with a copy of such finding. 
 Within twenty days thereafter such corporation may appeal to the district 
 court from such finding by serving written notice on the County Superin- 
 tendent of the taldng of such appeal. On the service of said notice the Coun- 
 ty Superintendent shall file a copy of his finding in; the office of the clerk 
 of the district court, and the clerk shall docket the cause \vithout fee. The 
 matter shall be tried on appeal as in equity, and without formal pleading. 
 The decision of the distiict comt shall be final. The treasurer shall, upon 
 the filing with him of any final decision, immediately transfer from the 
 coimty high school funds to the credit of the corporation entitled to the 
 same the amount directed to be transferred." (§2733-1 a, as amended by H. 
 F. 70, r:.'7h G. A.) ; 
 
 In order that the rural district may be reasonably certain that the high 
 school is maintaining proper standards to justify the payment required per 
 pupil per month, such schools must be approved by the State Department of 
 Public Instruction before this tuition can be legally collected or paid. 
 
 Four general conditions must be met if this tuition is legally claimed by 
 the officials of said high school or paid by officials of rural districts. 
 
 1. The pupil must have completed the course in his school corpora- 
 tion as approved by the Department of Public Instruction. If there is an un- 
 approved high school in his district, he may attend an approved high school 
 in another district, and claim from his district the legal tuition, provided he 
 meets other conditions. 
 
 2. The pupil shall present the officials of said high school a certifi- 
 cate signed by the County Superintendent showing proficiency in the com- 
 mon school branches. 
 
 3. The pupil shall present the officials of said high school the af- 
 fidavit of his or her father, mother or guardian, or next friend, that such ap- 
 plicant is of school age and a resident of a school district of this State, speci- 
 fying the district. 
 
 4. The school corporation claiming the tuition must maintain an ap- 
 proved school. 
 
 See §§30 and 32 above. 
 Sec. all. Compulsory Attendance. 
 
 (a) Duties of Parents or Guardians — Penalty. "Any person having 
 control of any child of the age of seven (7) to sixteen (16) years, mclusive, 
 in proper physical and mental condition to attend school, shall cause such 
 child to attend some public, private, or parochial school, where the common 
 school branches of reading, writing, spelling, arithmetic, grammar, geogra- 
 phy, physiology, and United States history are taught, or to attend upon 
 equivalent instruction by a competent teacher elsewhere than school, for at 
 least twenty-four (24) consecutive school weeks in each school year, com- 
 mencing with the first week of school after the first day of September, un- 
 less the Board of School Directors shall determine upon a later date, which 
 date shall not be later than the first Monday in December; but the Board of 
 
 51 
 
Directors in any city of the first and second class may require attendance for 
 the entire time the schools are in session in any school year; provided, that 
 this section shall not apply to any child who lives more than two (2) miles 
 from any school by the nearest traveled road except in those districts in 
 which the pupils are transported at public expense, or who is over the age 
 of fourteen (14), and is regularly employed, or has educational qualifica- 
 tions equal to that of pupils who have completed the eighth gi'ade, or who 
 is excused for sufficient reasons by any court of record or judge thereof, 
 or while attending religious service or i*eceiving religious instruction. Any 
 person who shall violate the provisions of this section shall be guilty of a 
 misdemeanor, and, upon conviction thereof, shall pay a fine of not less than 
 three ($3) dollars, nor more than twenty ($20) dollars, for each offense." 
 (§2823-A.) 
 
 (b) Enforcement. *'It shall be the duty of the director or president of 
 any Board of Directors, or any tiniant officers appointed by such Board of 
 Dii'ectors, to enforce the provisions of this Act, to sue for and recover the 
 penalties herein provided, and to institute criminal prosecution against any 
 person violating the provisions of this Act, and any such officers neglecting 
 to do so within thirty days after a wTitten notice has been served upon him 
 by any citizen of said district or the County Superintendent of the county 
 within which the offending person shall reside, shall himself be liable for a 
 fine of not less than ten ($10) dollars nor more than twenty ($20) dollars 
 for each offense." (§2823-F.) 
 
 (c) Teachers and School Officers — Duties. "All teachers of the pub- 
 lic schools of the State, and County Superintendents, arid school officei's and 
 employes shall promptly report to the secretary of the school corporation any 
 violations of the provisions of this Act, of which they have knowledge or in- 
 formation, and he shall promptly inform the president of the Board of Di- 
 rectors the?'eof, and such president shall, if necessary, call a meeting of the 
 Board of Directors to take such action thereon as the facts shall justify, 
 and any child placed in any truant school may be discharged therefrom at 
 the discretion of the board upon sufficient assm-ance of future good conduct 
 of such child." (§2823-G.) 
 
 (d) School Census. "It shall be the duty of all officers, empowered 
 to take the school census, to ascertain the number of children of the ages 
 of seven (7) to sixteen (16) years, inclusive, in their respective districts, the 
 niunber of such children who do not attend school, and, so far as possible, 
 the cause of failme to attend school." (§2823-1.) 
 
 Sec. 199. Miscellaneous Provisions Concerning Attendance Law. 
 
 Provision has also been made for truant schools (§2823-D) and truant 
 officers in cities of 20,000 or more (§2823-E.) In towns and cities of the 
 second class the independent school district may employ the marshal, or 
 other police officer, to act as truant officer (§2823-E), and the boards of 
 all school corporations are given power to provide reasonable methods of 
 punishment of children who are violators of this law (§2823-H.) Princi- 
 pals of private and parochial schools may be required to give detailed infor- 
 mation concerning the age and attendance of pupils coming under the pro- 
 visions of this Act (§2823-B.) 
 Sec. 213. Use of Tobacco by Pupils Prohibited. 
 
 "The board shall * * * make rules and regidations, 
 * * * and such regulations shall pi-ohibit the use of tobacco in any 
 form by any student of such schools, and such board may suspend or expel 
 any such student for any violation of such rule." (§2772.) 
 
 The above prohibition has also been extended to county high schools 
 (§2732.) 
 Sec. 214. Music and Physiology to Be Studied. 
 
 Every scholar must study music, physiology and hygiene, including the 
 
 52 
 
effects of stimulants and narcotics, until the outline in that branch, as pre- 
 pared by the board, has been completed. (§§2826-S, 277 5.) 
 Sec. 215. Certain Fraternities and Societies Prohibited in he Public 
 Schools. 
 
 It shall be unlawful for any pupil of a public school to join or solicit 
 another to join a fraternity or society wholly or partially formed from pu- 
 pils attending any such school, or to help to organize any such, unless sanc- 
 tioned by the board. The board is given power to suspend or expel for vio- 
 lation of this Act, and for violating the rules of the board made in pursu- 
 ance thereof. (§27 82-a, as amended by H. F. 168, 37th G. A.) 
 
 It is made a misdemeanor, with a penalty of from two to ten dollars 
 fine, for any person, not a pupil, to enter upon school premises for the pur- 
 pose of soliciting any pupil to join any fraternity, society or association or- 
 ganized outside of said schools. 
 
 CHAPTER XI. 
 
 SCHOOL FINANCES. 
 
 Sec. 216. The Various Funds. Sec. 224. Maximum iSxpenditure From 
 
 217. Maximum Levies for General General Fund. 
 
 Fund. 225. Indebtedness for Free Text- 
 
 218. When Levies Are Made. boolcs. 
 
 219. Schoolhouse Fund. 226. Bonded Indebtedness. 
 
 220. School Building Bond Fund. 227. Judgment Tax. 
 
 221. Funds Kept Separate. 228. School Funding Bonds. 
 
 222. Secretary to Certify Taxes. 229. Exemption From Taxation. 
 
 223. Transfer of Funds. 230. Limit of Indebtedness. 
 
 Sec. 216. The Various Funds. 
 
 " * * * The money collected by tax voted, or the proceeds of the 
 sale of bonds valid for the purpose of building schoolhouses, shall be called 
 the schoolhouse fund, and all other moneys received for any other purpose 
 shall be called the general fund. * * * " (§2768, as amended by H. F. 
 565, 37th G. A.) 
 Sec. 217. Maximum Levy for General Fund. 
 
 The maximum amount that may be levied for the general fund shall not 
 exceed $40.00 for each pupil of school age, "but each school corporation 
 may estimate not to exceed $525.00 for each school thereof, and such addi- 
 tional siun as may be necessary, not exceeding five dollars for each person 
 of school age for transporting children to and from school; also such addi- 
 tional sum as may be avithorized in section 2825 of the Code." (§2806, as 
 amended by Hi. F. 565, 67th G. A.) (Section 2825 pertains to the purchase 
 and loaning of textbooks.) When the directors of a school corporation adopt 
 textbooks for their corporation under §2824-5, the board may levy an addi- 
 tional amount not to exceed $1.50 for each pupil of school age residing in 
 the_ corporation. (§282 5.) For the maximum levy for consolidated inde- 
 pendent districts see §19. 
 
 Sec. 218, When Levies Are Made. 
 
 The board shall estimate the amounts necessary for the general fund 
 at the regular meeting in July, or at a special meeting called for that pur- 
 pose, which meeting shall not be later than the third Monday in August. 
 (§§2806, 2794-A (a) ). 
 Sec. 219. The School House Fund. 
 
 Sections 2749, 2750 and 27 53 state the procedure when a schoolhouse 
 tax is to be voted; that is, by vote of the electors at the annual or subdis- 
 trict meeting, or special meeting, when the proper notice has been given. 
 See §§128 to 146, inclusive. 
 Sec. 220. Funds for Erecting Schoolhouses. 
 
 If it is desired to issue bonds to erect, complete, equip, furnish, or im- 
 prove a schoolhouse, or to purchase sites therefor, and it is desired 
 
 53 
 
to have the money at once and not wait for a tax to be col- 
 lected §2812-c should be followed, which provides that " * * * xhe 
 board * * * , when they have been heretofore, or when they may 
 hereafter be authorized by the voters at the annual meeting, or at a special 
 meeting calletl for that piu-pose, may issue the negotiable interest bearing 
 bonds of said school corporation; said bonds to be known as school build- 
 ing bonds." Said bonds may run not to exceed twenty years. (§2812-e.) 
 Sec. 221. Fluids Kept Separate. 
 
 The treasurer shall keep a separate account with each fund. (§2768, as 
 amended by H. F. 56 5, 37th G. A.) 
 Sec. 222. Secretary to Certify Taxes. 
 
 It is the duty of the secretary to certify the taxes levied by the board, 
 or voted by the electors, within five days after the amounts required for the 
 general fund has been determined. (§2767, as amended by H. F. 565, 
 37th G. A.) 
 Sec. 223. Transfer of Funds. 
 
 The only change of money from one fund to another possible under 
 the law is the transfer of surplus schoolhouse funds to either the teachers' 
 or contingent fund. (§2749, as amended by H. F. 565, 37th G. A.) See 
 §129. 
 Sec. 224. Maximiun Expenditm*e From the General Fund. 
 
 The amount that may be expended from the contingent fund is limited 
 as follows: 
 
 "It may provide and pay out of the general fund to insure school prop- 
 erty such sum as may be necessary; and may purchase dictionaries, library 
 books, including books for the piu-pose of teaching vocal music, maps, 
 charts and apparatus for the use of the schools thereof to an amoiuit not 
 exceeding $25.00 in any one year for each schoolroom under its charge * 
 * * and shall provide by levy of general fund therefor." (§2783, as 
 amended by H. F. 565, 37th G. A.) 
 
 The board may also furnish textbooks to indigent children when nec- 
 essary to insure them school privileges, and may, when directed by the 
 voters (§2836) buy and loan books to pupils, and, in such cases, the $25.00 
 limitation does not apply. This limitation does not apply to the amount that 
 may be expended for fuel, rent, and ordinary repairs. (§2768, as amended 
 by H. F. 565, 37th G. A.) See also §61. 
 Sec. 225. Indebtedness for Free Textbooks Prohibited. 
 
 The school corporation shall contract no debt for the purchase of free 
 textbooks. (§2825, as amended by H. F. 565, 37th G. A.) 
 Sec. 226. Bonded Indebtedness. 
 
 "The boai'd of each school corporation shall, when estimating and cer- 
 tifying the amoiuit of money required for general purposes, estimate and 
 certify to the Board of Supervisors of the proper county, the amoujot re- 
 •quired to pay interest due, or that may become due for the year beginning 
 January first thereafter, upon lawful bondetl indebtedness, and, in addition 
 thereto, such amount as the board may deem necessary to apply on the prin- 
 cipal; but the amoimt estimated and certified to apply on principal and in- 
 terest for any one year shall not exceed five mills on the dollar of the actual 
 valuation of the taxable property of the school corporation." (§2813.) 
 Sec. 227. Judgment Tax. 
 
 "When a judgment shall be obtained against a school corporation, its 
 board shall order the payment thereof out of the proper fund by an order 
 on the treasiu-er, not in excess, however, of the fluids available for that pur- 
 pose. If the proper fund is not sufficient, then, unless its board has pro- 
 vided by the issuance of bonds for raising the amount necessary to pay such 
 judgment, the voters thereof shall, at their annual meeting, vote a suffi- 
 
 54 
 
cient tax for the purpose. In case of failure or neglect to vote such a tax, 
 the school board shall certify the amount required to the board of Super- 
 visors, who shall levy a tax on the property of the corporation for the same." 
 (§2811.) 
 Sec. 228. School Funding Bonds. 
 
 "For the purpose of providing for the payment of any Indebtedness of 
 any school corporation represented by judgments or bonds, the Board of Di- 
 rectors of such school corporation at any time or times may provide by reso- 
 lution for the issuance of bonds of such school corporation to be known as 
 funding or refunding bonds. The proceeds derived from the negotiation of 
 such funding or refunding bonds shall be applied in paym.ent of such indebt- 
 edness; or said funding bonds or refvmding bonds may be issued in exchange 
 for the evidences of such indebtedness, par for par." (§2812-0, as amended 
 by H. F. S'25, 37th G. A.) 
 
 Funding Bonds. This section authorizes the Board of Directors of any 
 school corporation to issue funding bonds without a vote of the electors, but 
 the board cannot issue school building bonds without a vote of the electors. 
 See §2812-D. 
 
 Taxes — Bonds. There is no intimate connection between the levy of 
 taxes and an outstanding bonded indebtedness. The levy of taxes is not 
 intended by the law to be considered as an outstanding indebtedness. 
 Sec, 229. Exemption From Taxation. 
 
 The school buildings and the property of a school district devoted en- 
 tirely to public use, and not held for pecuniary profit are not to be taxed. 
 (§1304.) 
 Sec. 230. Limit of Indebte'dness. 
 
 The State constitution limits the amount that a school corporation can 
 become indebted to an amount in the aggregate not exceeding five per 
 centum on the actual value of the property of the corporation. (Art. 11, 
 §3.) The legislature of the State has further restricted the amount of in- 
 debtedness of a school corporation to one and one-fourth per cent of the 
 property of the corporation. (§1306-B.) An exception has been made, 
 however, permitting an indebtedness of five per cent in some instances. 
 The exception as to school corporations provides that: 
 
 "Any independent district containing, or contained in, any city, town 
 or village, or any consolidateid independent district, shall be allowed to be- 
 come indebted for the pvirpose of building and furnishing a schoolhouse, or 
 houses, and procuring a site therefor, or for the purpose of purchasing land 
 for a site already owned, to an amount not to exceed in the aggregate, in- 
 cluding all other indebtedness, five per centum of the actual value of the 
 taxable property witliin such independent school district, such value to be 
 ascertained Tby the last county tax list previous to the incurring of such 
 indebtedness, anything contained in section one thousand three himdred and 
 six-b (1306-b) of the supplement to the Code, 1907, to the contrary not- 
 withstanding." ( § 2 8 2 0-d 1 ) 
 
 It is provided, however, that before an indebtedness can be created 
 greater than one and one-fourth per cent a petition must be signed by twen- 
 ty-five per cent of the number of those voting at the last school election 
 asking "that an election shall be called, stating the purpose for which the 
 money is to be used, and that the necesrasy schoolhouse or houses cannot 
 be built and furnished within the limit of one and one-quarter per centimi 
 of the valuation, or that svifficient land cannot be pm'chased to add to a 
 site already owned." ( § 2 8 2 0-d 2 . ) 
 
 The petition being presented, a meeting of the board must be called, 
 and four weeks' notice in a newspaper given. At the election, if a majority 
 vote therefor the board shall issue the bonds and m9(ke prgyi^ioit for their 
 
 55 
 
payment. (§2820-D4. This election may be held at the time and place of 
 holding the regular school election, or at a special meeting called for that 
 purpose. (§2812-d3.) 
 
 "At such election the ballot shall be prepared and used in substantially the 
 following form: 
 
 "Shall the (naming the independent district) issue bonds in the 
 
 sum of dollars ($ ) for the purpose 
 
 of constructing or equipping schoolhouses?" (Sec. 2820-d 3.) 
 
 
 YES 
 
 
 NO 
 
 56 
 
INDEX. 
 
 Numbers refer to sections. 
 
 Admission of beginners 203 
 
 Agricultural societies 27 
 
 Allowance of claimis 55 
 
 Annual meeting of electors 128 
 
 Organization of 131 
 
 Date - 128 
 
 Beginning, duration and closing... .130 
 
 Notice— By whom posted 129 
 
 Annual meeting of school board — 
 
 When 106 
 
 Appeals 41 
 
 Approval of bond of banks 65 
 
 Attaching territory to adjoining cor- 
 poration and restoration 13 
 
 Attendance law 211 
 
 Attending school in another corpora- 
 tion 209 
 
 Authority of subdirector 51 and 121 
 
 Bible in the schools 196 
 
 Blind and deaf children 206 
 
 Boards of directors 3 
 
 Board of education.. 43 
 
 Books and papers to be delivered to 
 
 successor ...., 76 
 
 Bonded indebtedness 226 
 
 Breaking conti-act to teach j 165 
 
 Certificates — Classes 172 
 
 Changing boundary lines 16 
 
 Change of boundaries when corpora- 
 tion limits changed 17 
 
 Closing school — Loss made good, 
 
 when U.170 
 
 Compulsory attendance law 211 
 
 Contracts 52 
 
 Contracts by subdirector — When 
 
 made 51 
 
 Contracts with teacher 163 
 
 Contracts with teacher signed by 
 
 president of board 164 
 
 Consolidated independent districts..., 19 
 Petition for — Question submitted 
 
 — O'rganization completed 19 
 
 Board to organize — Tax levy 18 
 
 Transportation contracts 21 
 
 O'rganization 23 
 
 School building — Location 22 
 
 Dissolution 24 
 
 State Aid to consolidated schools.. 25 
 
 Corporal punishment 194 
 
 County superintendent — 
 
 Ejlection — Term t 34 
 
 Examinations 39 
 
 Salary 36 
 
 Powers and duties 38 
 
 Teachers' institutes 40 
 
 Reports 42 
 
 Qualification 35 
 
 Visitation of schools 44 
 
 City superintendent — Term 51 
 
 Date for opening schools 116 
 
 Department of public instruction 28 
 
 Deputy county superintendent 37 
 
 Deputy state superintendent 29 
 
 Dividing school township into sub- 
 districts 9 
 
 Division of liabilities and assets 
 
 when change in boundaries 18 
 
 Directors elected — ^When 132 
 
 Director in independent districts 97 
 
 Discharge of teacher 155 
 
 Election by ballot 138 
 
 Election of teachers 51 
 
 Employing counsel -- 58 
 
 Entrance and exit doors to open out- 
 ward 68 
 
 Enumeration of pupils by secretary.. 89 
 
 Epidemics — Closing school 169 
 
 Erection or repair of schoolhouse 61 
 
 Evening schools 71 
 
 Examination — Teachers' .....39 and 171 
 
 Examinations — Eighth grade 210 
 
 Expulsion of pupil 193 
 
 Failure to elect director 156 
 
 Fences ''3 
 
 Financial statement by board 145 
 
 Financial report filed monthly by 
 
 secretary 83 
 
 Fire drills 191 
 
 Flags for schools 200 
 
 Form of propositions 138 
 
 Form of petition to nominate 134 
 
 Formation of independent city, town 
 
 or village districts 1'5 
 
 Free textbooks to pupils 207 
 
 Funds 216 
 
 Funds kept separate - ...221 
 
 Grades required for uniform county 
 certificates 175 
 
 High school tuition law 210 
 
 Higher or union schools 63 
 
 Holidays _ 167 
 
 Indebtedness — Limit 230 
 
 Indebtedness for free textbooks for- 
 bidden u - ...225 
 
 Indigent children furnished text- 
 books ..--.205 
 
 Inspector of normal training in high 
 schools 31 
 
 Inspector of rural schools a 
 
 Janitor work -- 1^9 
 
 Judgment tax '■^ ' 
 
 Length of school day 197 
 
 Levies — When made -- ^i° 
 
 Maximum for various funds ^i-' 
 
 Life certificates 177 
 
 Library books 74 
 
 Location of .school sites o^ 
 
 Maximum expenditure general fund..224 
 
 Meetings of school board 47 
 
 Minimum wage law -jvv-" oY^ 
 
 Music and physiology to be studied-.^l4 
 
 Names of candidates for director 
 filed — ^When rr nr 
 
 Non-performance of duty — Penalty... 75 
 Notice of annual meeting of elec- 
 
 tors 
 
 .129 
 
 Notice by subdirector or subdistrict 
 meeting - 1^8 
 
 N'otice of special meeting of elec- 
 tors given by secretary ron 
 
 Normal institutes 19" 
 
 Normal training required of teach- 
 ers - „— .^161 
 
 Number of Directors in independent 
 districts 127 
 
 57 
 
Order of business — Old board 107 
 
 Order of business — New board'. 112 
 
 Offenses committed off school 
 
 premises 195 
 
 Organization of school board.. ..44 and 110 
 
 Parli life schools 
 
 Powers and duties of school board. .50-74 
 
 Powers of electors 136 
 
 Powers and duties of State Superin- 
 tendent 30 
 
 President of board — 
 
 Election — Quilification — Vacancies 
 
 77 
 
 Punishments 194 
 
 Qualifications of County Superin- 
 tendent 35 
 
 Qualifications of electors .153 
 
 Qualifications of State Superintend- 
 ent 2 8 
 
 Quorum of board 49 
 
 Registration of voters — When 140 
 
 Renting room. 64 
 
 Repairs 117 
 
 Reports by County Superintendent.... 42 
 Reports by secretary to County Su- 
 perintendent 88 
 
 Rules and regulations by board 
 
 52 and 167 
 
 Rural independent districts united 
 
 into school townships 14 
 
 Rural schools — Inspector 31 
 
 Salary of County Superintendent 36 
 
 Salary of Deputy County Superin- 
 tendent 37 
 
 Salary of school officers 58 
 
 Secretary of School Board — 
 
 Election — Qualification — Term 79 
 
 Certifies taxes ....2,22 
 
 Duties in general 82 
 
 Financial report, files S3 
 
 Financial report, files 83 
 
 Reports 88 
 
 Notice of annual meeting 129 
 
 Miscellaneous provisions concern- 
 ing 90 
 
 Secret fraternities prohibited 202 
 
 Settlement with treasurer 108 
 
 School building fund 207 
 
 School corporations — Classes 7 
 
 School funding bonds 228 
 
 Schoolhouse fund 21 
 
 School township changed to rural in- 
 dependent districts 10 
 
 School townships — How formed 8 
 
 School system — Officers 1 
 
 Special meetings of electors: 146 
 
 State aid to consolidated schools 25 
 
 State Superintendent 28-33 
 
 State Board of Education 4 
 
 State Board for Vocational Educa- 
 tion 7 
 
 State certificates 173 
 
 Submitting propositions to electors.... 57 
 Subd'irectors — 
 
 Powers and duties 99 
 
 Notice of subdistrict meeting 100 
 
 School census 101 
 
 Hiring teeachers 51 and 121' 
 
 Purchasing supplies 121 
 
 Care of library 102 
 
 Subdistrict meeting — Date 148 
 
 Notice 148 
 
 Purpose, and powers of electors. ...149 
 
 Organization and conducting 151 
 
 Beginning, duration and close 150 
 
 Subdividing independent districts 12 
 
 Subjects required for uniform county 
 certificates 165 
 
 Teacher's authority .192 
 
 Teacher — Qualifications 160 
 
 Teacher's duties 180 
 
 Keeps register 181 
 
 Files term report with secretary....l82 
 Report to County Superintendent....l83 
 
 Care of library 102 
 
 Janitor work 189 
 
 Instructs in stimulants and nar- 
 cotics .....184 
 
 Teaclies vocal music 188 
 
 Transfer of funds 210 
 
 Transportation of pupils 64 
 
 Treasurer — 
 
 Election — Qualification — Term.... 
 
 91 and 135 
 
 Payment of warrants 93 
 
 Deposits funds at interest 94 
 
 Settlement with 108 
 
 Duties in general 92 
 
 Trees — Duty of board 73 
 
 Use of schoolhouses 70 
 
 Uniting independent districts 12 
 
 Vacancies in office 132, 158, 159 
 
 Vacations 167 
 
 Validity of certificates 178 
 
 Visitation of schools 125 
 
 Wages of teachers 198 
 
 Water closets to be maintained 66 
 
 Who may attend school 202 
 
 Who may be director _ 154 
 
 Who may vote 153 
 
 Where pupils shall attend 62 
 
 58 
 
LIBRftRY OF CONGRESS 
 
 020 312 052 7