HoUinger Corp. pH8.5 ^ SUPPLEMENT TO THE Revised School Law^ OF TV^EST VIRGINIA CONTAINING ACTS AND AMENDMENTS KEL-ATING TO EDUCATION PASSED BY THE LEGISLiATURE AT THE REGXTIjAR SESSION OF 1909 ISSUED BY THE departm:ent of schools jVI» I*. SHA-'WKEY, state supebintendknt CHAKLESTON, W, VA. MARCH, 190S. AUG 19 191 ^^ CONTENTS Page. Relating to the adoption of text boolis 5 Relating to the examination of teachers 10 Relating to the certification of graduates 11 Relating to holidays 11 Relating to the Board of Control for State Institutions 12 Relating to the supplementary funds 13 Relating to additional levy 13 Relating to general school fund ....." 14 SUPPLEMENT TO THE Revised School La^w of West Virginia Containing Acts and Amendments Relating to Education Passed by the Legislature at the Regular Session of 1909. ADOPTION OF TEXT BOOKS Senate Bill No. 1 abolishes our present countj^ system of text book adoptions and substitintes therefor a system of uniform text books throughout the State to be adopted by a Text Book Comtmission. Sec. 1. There is hereby created a state school book commission, which shall consist of the state superintendent of free schools, who shall be ex-officio secretary, and eight citizens of the state at least five of whom shall be experienced educators of known char- acter and ability, and who are at the time of their appointment engaged in actual educational work, not more than five of whom shall belong to the same political party, who shall be appointed by the governor on or before the 1st day of April, 1912, and ev- ery fifth year thereafter; said appointees shall take office thirty days after their appointments and serve for five years, unless re- moved by the governor for good and sufficient cause. Vacancies on said commission shall be filled by the governor by appoint- ment. Said appointees shall receive five dollars per day for each and every day actually engaged in the work of the commisssion, not exceeding ten days in any one year, and their actual neces- sary expenses in connection therewith. Before assuming the duties of office they shall each take an oath or affirmation before some one qualified by law to administer the same, to faithfully and honestly perform their duties as hereinafter prescribed to the best of their ability, and that they are in no way interested in the 'preparation, manufacture or sale of any text-books that may be submitted to said commission for consideration. Such oath or affirmation shall be filed in the office of the state super- intendent of free schools. Sec. 2. It shall be the duty of the state superintendent of free schools during the month of April, 1911, to contract for the period of one year from July 1st following, with the publishers thereof, for such text-books as are now in use, and for which county contracts will expire June 30, 1911, said contracts to be made upon the same terms and conditions as are contained in the existing county contracts. Sec. 3, The members of the state school book commission shall meet at the office of the state superintendent of free schools on the first Tuesday in May, 1912, and each fifth year thereafter, at which time they shall ask various publishers of text-books in the United States to submit samples and prices of text books on all subjects required to be taught in the free schools of the state, viz : spelling, reading, writing, arithmetic, language and gram- mar, physiology and hygiene, civil government, state history, United States history, general history, book-keeping, geography, elementar-y algebra-, plane geo^metry, elements of agriculture, literature, drawing and English dictionaries and such other sub- jects which from time to time in the judgment of the board seems necessary and best to serve the educational interests of the state. The said commission shall select one of its members as chairman, and it shall be his duty to preside at all meetings. All bids or proposals shall be under seal, and submitted to the chairman of said commission to be opened by him in the presence of said com- mission at an executive session to be held at the place aforesaid, on the first Tuesday in June following. Each bid or proposal shall be accompanied by a sufficient number of specimen copies of all books offered for adoption, to supply each member of said commission. When said bids and sample copies are submitted to the chairman of said commission, each bidder shall deposit with the state treasurer such sum of money as said commission shall designate ; such deposit to be not less than one thousand dollars nor more than three thousand dollars, according to the number of books each bidder may propose to supply. Such de- posit of any bidder shall be forfeited to the school fund of the state, if such bidder shall fail or refuse to make and execute such contract and bond as are hereinafter required, in case of the ac- ceptance of such bid on any or all of the books so offered. No bid or proposal is to be considered by said commission until such de- posit is made, and until the commission is informed in writing of the name and address of an agent residing in this state upon whom process may be served in any action brought against such bidder. Sec. 4. Upon the opening of said bids on the first Tuesday in June the said commission, having adopted rules governing its order of procedure, shall immediately proceed to the considera- tion of the merits of the books offered, taking into consideration their subject matter, printing, binding and their general suita- bleness for the purpose intended, as well as the price of said books. Said commission shall select and adopt one book, or one series of books, and only one, on each subject mentioned in sec- tion three of this act, for uniform use in the free schools of this state, except as hereinafter provided, taking only those which in their best judgment will come the nearest accomplishing the ends desired; provided that no book inferior in quality, or of a parti- san or sectarian nature shall be adopted, nor shall any book be adopted by less than five affirmative votes ; nor shall any book or books be changed at the expiration of any five-year contract made by said commission upon fewer than six affirmative votes. When selections and adoptions of books have been properly made, it shall be the duty of the chairman of the state school book commission to execute contracts therefor with the publish- ers thereof for a period of five years, beginning July 1st, follow- ing. Such contracts shall be prepared by the attorney general in accordance with the terms and provisions of this act, and shall be executed in duplicate, one copy held by the contractors and one by the secretary of said commission. It shall be the duty of said secretary to keep a full and complete record of the proceed- ings of the said commission, said record to be kept in his ofiice and be open to inspection of any citizen of the state. Should any successful bidder fail to contract, or, if for any cause any book or books adopted cannot be secured, the commission shall pro- ceed at once to the selection and adoption of other books in lieu thereof. Sec. 5. At the time of the execution of the contract aforesaid the contractors shall enter into a bond in the sum of not less than ten thousand dollars, payable to the state of West Virgina, con- ditioned on the faithful and honest performance of their con- tract; any guaranty company authorized to do business in the state of West Virginia may become surety on said bond, and it shall be the duty of the attorney general to prepare and the board of public works to approve said bond. After all contracts have been executed as herein provided, it shall be the duty of the said commission to notify the state treasurer to return all bid- 8 ders such cash deposits heretofore required as have not been for- feited in accordance with the provisions of this act, receiving therefor receipt in duplicate, one copy of which shall be filed with the state superintendent of free schools. Any deposit for- feited in accordance with the provisions of this act shall be placed to tlie" credit of the school fund. Sec. 6. It shall be the duty of the state school book commis- sion at the last meeting aforesaid to fix the prices at which the various books adopted shall be sold to patrons, the excess of which above contract price representing the profit to the retailer ; but in no case shall such profit exceed twenty per cent, of the contract price. The state superintendent of free schools shall notify each county superintendent of the list of books adopted and the prices at which they are to be sold and any person sell- ing such books at a higher price than that fixed by the state school book commission shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than fifty dollars. The books furnished during the contract period shall be equal in all respects to the sample copies furnished the said commission; and it shall be the duty of the state superintendent of free schools to carefully preserve in his office as the standard of quality, sample copies of all bt)oks contracted for. Sec. 7. It shall be the duty of each contractor at his own ex- pense to place with responsible dealers, in no fewer than three magisterial districts in each county, a sufficient quantity of books to supply the demand. He shall also arrange for the exchange of books at such places, allowing pupils or Boards of Education not less than fifty per cent, of the retail price of new books for the old books of like kind and grade displaced. The exchange privi- lege shall extend through one entire school year, and the dealer making the exchange shall be allowed by the contractors ten per cent, of the cash proceeds of same. Any teacher permitting in his school the use of any unauthorized book shall be deprived of his salary during the period of such violation of this act. Nothing in this act is to be construed as preventing the use of supplemen- tary readers, provided they do not displace the adopted readers, nor the use of more advanced books in such schools as may be ready for the same. Boards of education in cities and indepen- dent districts containing thirty-five hundred population or more may reserve the right to select their own text books ; but should *■ they elect to use any of the books adopted by the state school book commission they shall purchase them upon the same terms as hereinbefore provided, and shall not change them out during the period such books are under contract. Sec. 8. Should any contractor furnish the same books con- tracted for in this state, at lower prices to any other state, city or county in the United States than the contract prices in this state, like conditons prevailing, the same reduction shall imme- diately be made in this state, and the state school book commis- sion is directed to recj[uire compliance with this provision on pen- alty of cancellation of contract mth such contractor. Sec. 9. It shall be the duty of any contractor to prepare print- ed lists, showing the exact titles of his books, the prices at which same are to be sold by the dealers, and the prices of same when corresponding old books are given in exchange, and send to each county superintendent a sufficient number to supply every teach- er in the county. It shall be the duty of each county superinten- dent to see that the teachers of his county display such printed lists for the inspection of the pupils. Sec. 10. Complaint in writing to any board of education of any district, by any citizen, or by any contractor to the effect that a teacher of such district is permitting the use of unauthorized books in his school, shall be deemed sufficient cause for investi- gation by said board of education, and if such complaint is found to be true, the board shall inflict the penalty provided in section seven of this act. Members of boards of education who fail or refuse to perform the duties required of them in this section shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, shall be fined not less than twe#ty-five dollars, nor more than fifty dollars. Sec. 11 It shall be a part of the terms and conditions of any contract made in pursuance of this act that the state of West Virginia shall not be liable, in any manner, in any sum whatso- ever; but all said contractors shall receive their pay solely from the several dealers in each of the counties of the state provided in section seven of tliis act. Such contract shall also provide that any pupil, parent or teacher may order books direct from the contractors and receive them prepaid at the prices fixed by the state school book commission for their sale by dealers in the sev- eral counties. Provided, however, that the pay for same shall accompany the order. 10 Sec. 12. The sum of one thousand dollars, or so much thereof as may be necessary, for the year 1912 and each fifth year there- after is hereby appropriated for the purpose of defraying the ex- pense of the state school book commission, as hereinbefore pro- vided. The bills for such expenses shall be approved by said commission and presented in the usual way for payment out of the state treasury. Sec. 13. Any member of the state school book commission who shall receive, solicit or accept any gift, present or thing of value to influence him in his vote for the adoption of books, or any per- son who shall either directly or indirectly give or offer to give any such gift, present or thing of value to any member of said state school book commission to influence him in voting for the adoption of books shall be guilty of a felony, and upon conviction thereof shall be punished by confinement in the penitentiary of this state not less than one year nor more than three years. Sec. 14. All acts or parts of acts inconsistent with this act are hereby repealed; but nothing in this act contained shall be construed as repealing sections thirty-five and thirty-six of chap- ter twenty-seven of the acts of the Legislature of West Virginia of the extra session of 1908. UNIFORM EXAMINATIONS. Senate Bill No. 133 amends sections 81 and 82 of tlie Revised School Law. It • appropriates funds for the administration of the Uniform System of examinations, adds agriculture to the list of subjects in which teachers are to be examined, exempts teachers in the primary grades of graded schools from passing an examination in general his- tory an^ bookkeeping, and permits teachers who have failed in part of the subjects, not exceeding seven, to be re-examined in these subjects at a succeeding examination in the same year and receive credit for those in which they have passed successfully. Sec. 81. For the preparation and printing of questions, the grading of manuscripts, the transmission of certificates and the additional clerical work demanded, the state superintendent of free schools shall be allowed an amount not to exceed six thous- and dollars annually, which sum is hereby appropriated and set apart from the general school fund for this purpose. Sec. 82. Applicants for teachers' certificates shall be required to pass an examination in orthography, reading, penmanship, arithmetic, English grammar and language, physiology and hy- 11 giene, United States history, state history, geography, civil gov- ernment, agriculture, and theory and art of teaching ; and appli- cants for certificates good in the advanced grades of graded schools or in high schools shall in addition to the foregoing be re- quired to pass examinations in general history and single-entry book-keeping. Applicants for high school and primary teachers' certificates shall pass an examination in such other branches as the state board of education may prescribe. Applicants having passed one examination may take a part of the branches, not ex- ceeding one-half, in a second or third examination of the same year, upon payment of one-half the regular fee and the state superintendent may at his discretion allow such applicant the benefit of his highest grade in each branch, in making up his certificate- CERTIFICATES GRANTED TO CERTAIN GRADUATES. Senate Bill No. 12 7 provides for the granting of certificates without examination to certain graduates of the State University and the State Normal Schools, and to graduates of such other schools as may, in the judgment of the State Board of Education, be entitled thereto. Sec. 92. The state superintendent of free schools shall issue first grade certificates in duplicate, upon application in due form, to graduates of the West Virginia University, who have taken at least six courses in education; to graduates of the Normal De- partment of the State Normal School and its branches ; to gradu- ates of the Normal Departments in all other schools of the state, who have completed a normal course which in the judgment of the state board of education is equivalent in amount, kind, and quality to that of the State Normal School and its branches ; and to graduates of the Normal Department of the "West Virginia Colored Institute. HOLIDAYS. Senate Bill No. 59 adds Lincoln's Birthday to the list of legal holi- days prescribed by law, but provides that the schools of the State shall remiain in session and celebrate the day with appropriate comtaemora- tive exercises. Sec. 1. That the following days be regarded, treated and ob- served as legal holidays, namely, the first day of January, com monly called New Year's Day; the twenty-second day of Febru- 12 ary, commonly called Washington's Birthday; the fourth day of July, commonly called Independence Day; the thirtieth day of May, commonly called Memorial Day; the twenty-fifth day of December, commonly called Christmas Day; the first Monday in September, commonly called Labor Day; the twelfth day of Feb- ruary, commonly called Lincoln's Birthday: Provided, however, that the common and graded schools of this State, the terms of which have not expired on said last named day, shall remain in session and hold appropriate ceremonies in honor of Abraham Lincoln, unless his birthday fall upon Saturday or Sunday. Any National or State election day and all days that may be appoint- ed or recommended by the Governor of this State or the President of the United States as days of thanksgiving or for the general cessation of business; and when either of said days or dates falls on Sunday, then it shall be lawful to observe the succeeding Monday as such holiday. * * * BOARD OF REGENTS. Senate Bill No. 2 92 provides for a Board of Control of three mem- bers to have general control of all State institutions, and for a Board of Regents, consisting of five members, to 'have charge of educational matters pertaining to the State educational institutions. Section 17 of this Bill relates to the Board of Regents and their duties and is as follows: Sec. 17. There is hereby created a State Board of Regents which shall be a corporation, and as such may contract and be contracted with, plead and be impleaded, sue and be sued, and have and use a common seal. It shall consist of five members including the State Superintendent of Free Schools, who shall be citizens of the State and who shall be chosen from the two largest political parties and not more than three members shall belong to the dominant political party. On or before the first day of July, nineteen hundred and nine, the Governor shall ap- point, by and with the advice and consent of the Senate four of said Regents, one for one year, and one for two years, one for three years, and one for four years, and thereafter one each year for the full term of four years. The Board shall choose one of its members to be president thereof. The Governor may remove any member of the Board for incompetency, neglect of duty, gross immorality, malfeasance in office, or for other good cause and in case of vacancy, whether occurring by reason of removal 13 or otherwise, may declare the office vacant and fill the same by- appointment for the unexpired term. The salary of each mem- ber of said Board, except the State Superintendent of Schools, shall be one thousand dollars a year and in addition thereto he shall be paid his actual expenses while so employed, but the State Superintendent shall be allowed only his necessary ex- penses while serving as a Regent and shall receive no per diem. A verified itemized statement of their expenses shall be filed with the State Auditor to be audited by him before paying therefor and hereinbefore provided. The Board may employ a secretary and fix his compensation. SUPPLEMENTARY FUND. Section 54 of the General Appropriation Bill makes the following appropriations for the aid of districts in the State that cannot main- tain their schools for a nnnimum term of six months at the maximum rates of levy fixed by law: 1909 1910 For supplementary aid for teachers' fund $10,000 $75,000 For supplementary aid for building fund 15,000 To be paid out of the General School Fund. The distribution of these funds is provided for in section 21c, chap- ter 27 of the Acts of 1908. ADDITIONAL LEVY. • House Bill No. 232 amends and re-enacts section 21, Chapter 27 of the Acts of 1908. The only changes made by this bill were, that providing for an increase in the supplementary fund and that permit- ting districts containing incorporated towns or cities to lay an addi- tional levy to run their schools for a longer term than six months. The latter provision is contained in the following quotation from the act : "Provided, however, that in any district which contains an in- corporated city or town where a graded or high school is main- tained, which is continued for a longer period than six months, the board of education shall have authority to lay a levy in addi- tion to the levies above specified sufficient for all purposes to con- duct the schools of said city or town for the term fixed. ' ' The same amounts appropriated hy this bill for the supplementary funds are provided for in the general appropriation bill. These amounts are given above under the heading, "Supplementary Fund.'' 14 AUDITOR TO ASCERTAIN AMOUNT OP GENERAL SCHOOL FUND. House Bill No. 319 amends and re-enacts section 41, chapter 27 of the Acts of 1908. It changes the date of the Auditor's report con- cerning the amount of the General School Fund to be distributed. Sec. 41. It shall be the duty of the auditor, on or before the twentieth day of July, in each year, to ascertain the amount of the general school fund which is distributed among the several counties as aforesaid, and notify the state superintendent of free schools thereof, who shall thereupon ascertain the proper share of each county and notify the auditor and each county superin- tendent of said apportionment. LIBRARY OF CONGRESS 019 748 526 7 Holling pH LIBRARY OF CONGRESS 019 748 52U