Class _l3- ^g^-^'^ - Book .>4_2_^ iSi'^S PUBLIC SCHOOL LAW OF NORTH CAROLINA. W^., ISSUED IN PURSUANCE OF LAW BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. RALEIGH: E. M. UzzELL & Co., State Printers and Binders. 1903. & 3 ^^f V ^ 1^- ,^' ^ Y^ % ^<3* .!> PREFACE. For the information and convenience of school officers and of the general public this pamphlet is issued in accord- ance with section 7 of the School Law. The amendments adopted by the General Assembly of 1903 to the School Law of 1901 have been incorporated in the various sec- tions so that they may be more easily understood. All school officers and public school-teachers are urged to read carefully this law and the accompanying notes. The notes have been made somewhat fuller than heretofore in the hope that they might be helpful in the way of suggestion and the prevention of mistakes. I bespeak the hearty co- operation of all school officers, teachers and friends of edu- cation in the wise administration of this law. For con- venience of reference acts and amendments of the General Assembly of 1903, really constituting a part of the School Law, have been appended. Very truly yours, J. Y. JOYITEE, Superintendent of Public Instruction. May 1, 1903. PUBLIC SCHOOL LAW OF NORTH CAROLINA. Sectiojst 1. The State Board of Education shall, on the state Board of ' Education to ap- first Monday in August of each and every year, appor- ^°"jg "^ school tion among the several counties of the State all the school funds which may be then in the treasury of the said board, and order a warrant for the full apportionment to each Apportionment . --, . made on basis of county, which said apportionment shall be made on the school population, basis of the school population, but no part of the permanent oniy income of ^ permanent fund school fund shall be apportioned or distributed, but only app'Jed. the income therefrom. The State Auditor shall keep a separate accounts ,,.. .. ,-. iifi of funds to be kept. separate and distinct account oi the public school funds, and of the income and interest thereof, and also of such moneys as may be raised by State, county, and capitation tax, or otherwise, for school purposes. Sec. 2. Upon the receipt of the requisition of the Treas- on requisition of County Treasurer urer of any county, duly approved by the chairman and E[°Pfg^ r5'^f°Edu' secretary of the County Board of Education for the school w'Ln^Mt^on'Auditor fund which may have been apportioned to said county, the T^-easurer°for° State Board of Education shall issue its warrants on the tioned to said county. State Auditor for the sum due said county, whereupon the said Auditor shall draw his warrant on the treasurer of the State Board of Education in favor of such County Treasurer for the amount set forth in the warrant of the said State Board. Sec. 3. The State Treasurer shall receive and hold as school funds paid .,, . -,- , .- . .T. into treasury, how a special deposit all school funds paid into the treasury, held and paid out. and pay them out only on the warrant of the State Audi- tor, issued on the order of the State Board of Educa- 6 valid^*'o°ucher Ir tioi^ i^i f avor of a County Treasurer, duly endorsed by the Treas\irer fo/ County Treasurer in whose favor it is drawn, and it shall be the only valid voucher in the hands of the State Treasurer for the disbursement of school funds, ^ranted b^V^s*^^ ^^'^- ^- "^^^ procccds of all knds that have been or may stock^,"b™nXan'd hereafter be granted by the United States to this State, to ecTucItio^na?^'"^ and uot Otherwise appropriated by this State or the United States, also all moneys, stocks, bonds and any other prop- erty now belonging to any State fund, for the purposes of education, also the net proceeds of sales of swamp lands belonging to the State, and all other grants, gifts or de- vises that have been made or hereafter may be made to this State, and not otherwise appropriated by this State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordi- nary revenue of the State as may be set apart for that pur- pose shall be faithfully appropriated for establishing and maintaining a system of free public schools, as established in pursuance of the Constitution. Property belonging Sec. 5. All moueys, stocks, bouds and other property to county school ^ ' ' ± j. t/ from'safeofestmys ^^longiug to a couuty school fuud, also the net proceeds u?es^'finesf fillies'" from sales of estrays, also the clear proceeds of all penal- tary laws, moneys tics and forfciturcs, and of all fines collected in the several paid for military .» exemption, and couutics foT auv breach of the penal or military laws of taxes for liquor ^ i. j auct°ioneer'^ appro- *^® State, and all moucys which shall be paid by per- colfntyforputiic SOUS as equivalent for exemption from military duties; also the net proceeds of any tax imposed on licenses to retailers of wines, cordials, or spirituous liquors and to auctioneers, shall belong to and remain in the several auctioneers, shall be faithfully appropriated for establish- ing and maintaining free public schools in several coun- ties as established in pursuance of the Constitution. The Annual report to amouut collcctcd in cacli couuty shall be reported annually Superintendent «/ j. t/ t/on".""""" ^''''''''°' to the State Superintendent of Public Instruction. The Solicitors of the several judicial districts, criminal and inferior courts, shall prosecute all penalties, and forfeited Duties of solicitors ' '- '- ' as to the penalties recognizances entered in their courts respectively, and as reM)g°nf^ances. compensation for their services shall receive a sum to he fixed by the Court, not more than five per centum of the compensation, amount collected upon such penalty or forfeited recogniz- ance for the collection of which execution was foimd to be necessary. Sec. 6. If the tax levied for the State for the support pevy of special tax ■^ ■*• to maintain four of the public schools shall be insufficient to maintain one ^ch^distrlc^pro-*" or more schools in each school district for the period of "^'^^^ ^°^' four months, then the Board of Commissioners of each county shall levy annually a special tax to supply the deficiency for the support and maintenance of said schools for the said period of four months or more. The said Tax, how collected. tax shall be collected by the Sheriff in money, and he shall be subject to the same liabilities for the collection and accounting of said tax as for other taxes. The said on what levied. tax shall be levied on all property, credits and polls of the county; and in the assessment of the amount on each the Commissioners shall observe the constitutional equation of taxation : and the funds thus raised shall be expended Funds, how and ' J- where expended. in the county in which it is collected, in such manner as the County Board of Education may determine for main- county Board of "^ '' Education to esti- taining the public schools for four months at least in each "e^clssSy'to* year. But the County Board of Education shall not be moiTthTschlois. required to expend upon a district containing less than sixty-five pupils the same sum it may give to larger dis- tricts, notwithstanding an inequality of length of school terms may be the result. The County Board of Educa- tion, on or before the annual meeting of the Commission- ers and Justices of the Peace for levying county taxes, shall make an estimate of the amount of money necessary to maintain the schools for four months and submit it to the County Commissioners. ?endent°of^PQbiic' ^Ec. 7. The Superintendent of Public Instruction shall pubHcation of '° havc the pchool laws published in pamphlet form and dis- tributed on or before the first day of May of each year. of ul^r"(fut^s°.^'^^ -2® shall send to each ofiicer a circular letter, enumerating his duties as prescribed in this act. He shall have printed nec^al^ary forms ^^^ ^^® forms ncccssary and proper for the purposes of this chapter, and shall look after the school interest of the State, Gove?jfo/^^°^' *° ^^^ report biennially to the Governor, at least five days previous to each regnlar session of the General Assembly, What report to which report shall give information and statistics of the contain. ^ ^ public schools and recommend such improvements in the Where to keep his school law as may occur to him. He shall keep his ofiice Sons^o'^n A^difor. ^^ ^^^ ^^^^ of government, and shall sign all requisitions on the Auditor for the payment of money out of the State Force of copies of Treasury for school purposes. Copies of his acts and his acts, decif^ions «^ r l r and oflBciai papers, (iecisious, and of all papers kept in his ofiice and authen- ticated by his signature and ofiicial seal, shall be of the To be furnished same f orce and validity as the orie-inal. He shall be f ur- with room, fuel, _ '^ " stationery, etc. nishcd with such room, fuel and stationery as shall be necessary for the efficient discharge of the duties of his ofiice. Operations ot Sec. 8. The Superintendent of Public Instruction shall pubhc schools ^ sSplrintend°enfof direct the Operations of the system of public schools and Public Instruction. g^fQ^,^g the kws and regulations in relation thereto. The County Board of Education and all other school offi- cers in the several counties shall obey the instructions of the State Superintendent and accept his constructions of witlfeducltofs of*^ ^^® School Law. It shall be his duty to correspond with other states, etc. ig^diug cducators in other States, and to investigate sys- tems of public schools established in other States, and, as far as practicable, render the results of educational ef- forts and experiences available for the information and aid of the Legislature and State Board of Education. Diities of superin- g^c. 9. It shall be the duty of the Superintendent of tendent of Public Instru( tive to instructjon^r^ei_a-^^^ Public Instruction to acquaint himself with the peculiar educational wants of the several sections of the State, wants of several sections of the and he shall take all proper means to supply said wants, state. by counseling with County Boards of Education and County Superintendents, by lectures before Teachers' In- stitutes, and by addresses to public assemblies on sub- jects relating to public schools and public school work, and he shall be allowed for traveling expenses and for ad- Allowance for ° traveling expenses ditional clerical assistance five hundred dollars per annum, ^j'/^j^^f^^^f.^ance. Sec. 10. In case the State Superintendent shall have Proceedings for ■•- removal of County sufficient evidence at any time that any County Superin- |,^^^^i°'^^°d^|^e'c°^ tendent of Schools or any member of the County Board *'°° °^^'^«''^^^°'^- of Education, is not capable of discharging or is not dis- charging the duties of his office as required by this act, or is guilty of immoral or disreputable conduct, he shall report the matter to the Countv Board of Education, which shall hear evidence in the case, and if, after careful in- vestigation they shall find sufficient cause for his removal, . they shall declare the office vacant at once and proceed to elect his successor. Either party may appeal from the Appeal, decision of the County Board of Education to the State Board of Education, which shall have full power to in- vestigate and review the decision of the County Board of Education. This section shall not be construed to deprive county superin- 1/^ o( • f 1 - ^ 1 • • 1 tendent may try each County Superintendent of the right to try his title to title to office in bCBito courts. . said office in the courts of the State. Sec. 11. The State Superintendent Public Instruc- superintendent of Public Instruction tion is authorized to employ a clerk at a salary of one p'j'oy°"eTk and™" thousand dollars per annum and a stenographer at a salary la'iaries*^ of five hundred dollars per annum to be paid monthly by the State Treasurer on the warrant of the Auditor, out of any funds which may be in the Treasury not other- wise appropriated. Sec. 12. The General Assembly shall appoint three county Board of ^ '- ^ Education, how men in each county of good business qualifications and appointed, known to be in favor of public education, who shall con- 10 When to enter upon duties. Vacancy, how filled. Term of office. stitute a County Board of Education, which board shall enter upon the duties of its office immediately upon the qualification of a majority of its members. In case of va- cancy by death, resignation or otherwise, said vacancy shall be filled by the other members of the County Board of Education. Upon failure of the General Assembly to appoint three members of the County Board of Education for any county as herein provided they shall be appointed by the State Board of Education, and all vacancies occur- ring in said Board that cannot be filled as herein provided shall be filled by the State Board of Education. Members of the County Board of Education herein provided for shall hold office until the first Monday in July, 1905. Note. — The term of office of new Boards of Education begins the first Monday in July, 1903. After qualification of all members of new boards, all vacancies must be filled by remaining members of the Board. Vacancies occurring for any reason in new Boards before the first Monday in July, 1903, must be filled by the State Board of Education. Body corporate. Corporate name. Corporate powers. Sec. 13. The County Board of Education shall be a body corporate by the name and style of the County Board of Education of. . . . County, and by that name shall be capable of purchasing and holding real and personal estate, of building and repairing school-houses, of selling and transferring the same for school purposes, and of prosecuting and defending suits for or asrainst the corpora- tion. They shall have power and authority and it shall be their duty, to institute and prosecute any and all actions, suits or proceedings against any and all officers, persons or corporations, or their sureties for the recovering, preserva- tion and application of all moneys or property which may be due to or should be applied to the support and main- tenance of the schools, except in case of breach of bond on the part of the treasurer of the county school fund, in which case action shall be brought by the County Com- 11 missioners, as provided in section 47. The buildins; of New sehooi-housea ' i^ o to be under their all new school-houses shall be under the control and di- control. rection of and by contract with the County Board of Edu- cation : Provided, said board shall pay not exceeding one- Proviso. haK of the cost of the same out of the fund set aside for District to pay haif of cost of building. building under section 24, and the school district in which any school-house is erected shall pay the other part, and upon failure of said district to provide its part by private subscription or otherwise, the County Board of Education is directed to take it out of the apportionment to said district: Provided further, they shall not be au- Provi-o. thorized to invest any money in any new house that is not Not to invest any -,,-.. , .,, 1110 money in plans not built m accordance with plans approved by the otate approved by state ^ _ "^ Superintendent. Superintendent of Public Instruction and the County Board of Education, and that all contracts for building shall be in writing, and all buildings shall be inspected, received and approved by the County Superintendent of Public Instruction before full payment is made therefor. The time of opening and closinjT the public schools in the ^J be fixe°d''^"'"^ several public school districts of the State shall be fixed and determined by the County Board of Education in their respective counties : Provided, however, that the Board proviso may fix different dates for opening the schools in different on same date. townships, but all the schools of each township must open on the same date as nearly as practicable. The Board of Board to fix methods of con- Education shall have power and authority to fix and de- ducting schools, termine the methods of conducting the public schools in their respective counties so as to furnish the most ad- vantageous methods of education available to the chil- dren attending the public schools in the several counties of the State ; and the County Board of Education and the County Superintendent of Schools shall have full power to To make needful rules and make all just and needful rules and regulations governing regulations, the conduct of teachers and pupils as to attendance on the schools, discipline, tardiness and the general government of the schools. 12 Note. — No pupil shall be allowed to attend any school while any member of the household is sick of small-pox, diphtheria, measles, scarlet fever, yellow fever, typhus fever, or cholera, or within two weeks after the death, recovery or removal of such sick person. Any pupil coming from such household shall bring proper certificate from attending physician, or health officer. Committeemen and teachers failing to enforce this are subject to indictment. Laws 1893, ch. 214, page 13. This section places the building of school-houses absolutely under the control of the County Board of Education, and directs them to pay not exceeding one-half of the cost of the same out of the building fund set aside under section 24 from the gen- eral fund. The balance of the cost must be raised by private sub- scription or paid out of the district fund. Any district applying for aid from the second hundred thousand dollars, however, must account for its entire apportionment from the county fund and will not be allowed to deduct the amount used for building and make up the deficit out of this fund. All houses must be built in accordance with plans approved by the County Board and the State Superintendent. Plans satisfac- tory to the State Superintendent have been carefully prepared by competent architects and published in pamphlet form for general distribution. They may be had upon application to him. These pamphlets contain specifications, bills of material, blank contracts and estimates of cost. The plans are for houses with from one to eight rooms and may of course be reasonably modified, or entirely different plans that the Superintendent would, for good reasons, approve, might be adopted by County Boards. In many counties self-help could be stimulated, the building fund made to go much farther and better houses secured if the County Board would adopt a general rule of giving for building one dollar for every one or two dollars raised by private subscription by the district. In making such propositions regard should be had to the ability of different districts. County Boards ought to build only neat, comfortable houses. Consolidation of districts can often be secured where needed by the refusal of County Boards to appropriate any money for building new houses in small districts that ought to be consolidated. When new houses are built in small districts that ought to be abolished, the abolition or consolidation of the districts is rendered much more difficult in all cases, and in some cases almost impossible. Great care should be given, therefore, to the proper location of new houses. Reduce districts to the smallest possible number, and thereby reduce to a minimum the number of necessary houses. Endeavor to secure larger and better houses centrally located in 13 larger districts. This is both economy and common sense. Atten- tion should be given also to the selection of beautiful, public and accessible sites for school-houses. Every County Board should have a county map showing the boundaries of townships and school districts, the location of school- houses, streams, public roads, etc. Such a map is a necessity for intelligent action in creating and consolidating districts and locat- ing houses. They can in most cases be secured at comparatively small cost, especially where the county maps already exist. The County Board of Education and the Commissioners should share cost of making map where none exists. Written contracts are required of builders, and where possible specification should be required. All houses should be carefully inspected, approved and received, as required herein, before paid for. ■Somewhat full powers are vested in the County Board of Edu- cation and the County Superintendent for the regulation and gov- ernment of the schools by this section and section 14. Under this general authority they have a right to make any reasonable re- quirement of teachers that would contribute to the attendance and success of the school or to the efficiency of the teacher. Where the conditions are favorable, for example, they would have a right to require all teachers to join the County Teachers' Association and to attend its meetings as often as reasonable and to do the work outlined and required. A live Superintendent could make such an association exceedingly helpful in the improvement of his teach- ers, especially if he can secure, as some County Superintendents have succeeded in doing, a working teachers' library for his asso- ciation. There is no reason why a competent County Superin- tendent should not do, through such an association, for the teach- ers of the public schools of an entire county, a work similar to that done by a competent City Superintendent for the teachers of the public schools of the city. The County Board and Superinten- dent have about as much authority under this section and section 14 for the general regulation of the county schools as the trustees and the Superintendent of the city schools have for the regulation of them. Sec. 14. In addition to all other duties and powers Additional powers -^ of County Boards imposed and conferred upon them by law, the County °^ Education. Board of Education shall have general control and super- vision of all matters pertaining to the public schools in their respective counties and are given the powers to exe- cute, and are charged with the due execution of the school 14 laws in their respective counties, and all powers and du- ties conferred and imposed bj this act, or the general laws of the State respecting public schools which are not ex- pressly conferred and imposed upon some other official, are conferred and imposed upon said County Board of Education ; and an appeal shall lie from all other county school officers to said board. Eorrdlove?7ubL ^Ec. 15. The Couuty Board of Education shall have and°appHc°ants"f powcr to investigate and pass upon the moral character of any teacher in the public schools of the county, and to dismiss such teacher, if found of bad moral character, also to investigate and pass upon the moral character of any applicant for a teacher's certificate or for employment as fnvelugltion. teachcr in any public school in the county. Such investiga- tion shall be made after written notice, of not less than ten days, to the person whose character is to be investigated. The said board shall have power to issue subpoenas for the attendance for witnesses, a disobedience to which sub- poenas shall, without legal excuse, be a misdemeanor pun- ishable by a fine of not more than fifty dollars or im- prisonment for not more than ten days. Subpoenas may be issued in any and all matters which may lawfully come within the powers of said board, and which in the Kr°/etubp«nas: discretion of the board shall be investigated. And it shall be the duty of the sheriffs, coroners and constables to serve such subpoenas upon payment of their lawful fees for service of subpoenas issued from the Superior Court of the Appeals. State. Appeals provided for in this ct shall be regulated Right of Superior '^J rulcs to be adopted by the board. The Superior Court to review. r^ , j' .i c^j , • • ,• ■, ^ Courts 01 the State may review any action of the County Board of Education affecting anyone's character or right to teach. Election of County Sec. 16, The Couuty Board of Education on the first buperintendent of "^ Schools. Monday in July, 1903, and biennially thereafter, shall elect a County Superintendent of Schools, who shall be at 15 the time of bis election a practical teacher or who shall Qualifications. have had at least two years experience in teaching school and who also shall be a man of liberal education and shall otherwise be qualified to discharge the duties of his office as required by law, due regard being given to experience in teaching. Said Superintendent must be of good moral Term of office. character and shall hold his office for a term of two years from the date of his election and until his successor is elected and qualified. Immediately after the election of chairman county Board of Education the County Superintendent of Schools, the chairman of '« immediately 'J ^ ' report to State the County Board of Education shall report to the State IXi'd^instm^ction Superintendent of Public Instruction the name, address, experience and^^^' 1 -K-n ,' r>,T 1,1 1 qualifications of experience, and qualifications, oi the person elected, and person elected ■^ ^ ' ^ . ' County Superin- the person elected shall report to the State Superintendent tendent >- ^ ^ Person elected to as soon as he shall have qualified, the date of such qualifi- qua°[ficluon.^ cation. In case of vacancy by death, resignation, or other- ^ ^g^^^^' ^^^ wise, the County Board of Education shall fill said va- cancy. The members of the County Board of Education feTot'ths *'^'^''^'^" and County Superintendent of Schools have the authority to administer oaths to teachers and all subordinate school officials where an oath is required of the same: Provided, Proviso as to 1 1 1 nn 1 T m f /^ n Bertie, Bladen and that any person who has filled the office oi County Super- coiumbus ■^ ^ ./ i counties. intendent for four years next preceding the passage of this act shall be eligible to such office in Bertie and Bladen and Columbus counties, if the election of such person meets the approval of the State Board of Education. Note. — The powers of the County Board of Education have been enlarged, their duties have been increased, and consequently their responsibility is greater. The schools will be what you and a Super- intendent of your own selection make them. A wise execution of the law by a wide-awake Board and an energetic Superintendent will insure progress in public schools. Sec. 17. The County Board of Education of each Appointment of Township School county shall on the first Monday in July, 1903, and bien- Committeemen, nially thereafter, appoint in each of the townships of the 16 Qualifications. Term of office. Vacancy, how filled. Compensation. County Board ot Education may elect three com- mitteemen for each school. Qualifications. Term of office. Vacancy, how filled. Powers and duties, To serve without compensation. county three intelligent men of good business qualification^ who are known to be in favor of public education, who shall serve for two years from the date of their appoint- ment as School Committeemen in their respective town- ships and until their successors are elected and qualified. If a vacancy shall occur at any time by death, resignation or otherwise it shall be the duty of the County Board of Education to fill such vacancy. The County Board of Education shall have the power to pay out of the reserve school fund to each member of the Township Committee thus appointed one dollar per day for not more than four days per annum. Any Township Committee may appoint one man in each school district in the township to look after the school-house and property and advise with the com- mittee. On the first Monday in July, nineteen himdred and three, and biennially thereafter, the County Board of Education in each county mav. if they deem best, in- stead of electing Township Committeemen, elect for each school of the several townships three School Committeemen of intelligence and good business qualifications, who are known to be in favor of publ'c education, who shall serve for two years from date of their appointment as conuuit- teemen and until their successors are elected and qualified. If a vacancy should occur at any time by death, resigna- tion, or otherwise, it shall be the duty of the County Board of Education to fill such vacancy. And in the case afore- said all the powers and duties conferred under this act on the Township Committeemen shall vest in the said committeemen of the several schools of the township, and they shall serve without compensation. Note. — It is left with the County Board of Education to appoint a Township Committee of three, who will act for the township, or a District Committee of three for each school in the several town- ships of the county. The system, however, must be uniform, i. e., Township Committees for the entire county, or District Committees for the entire county. It will be observed that this section now 17 permits Township Committees to appoint one man in each district as custodian of the property and general adviser about school affairs in his district. This seems to me to add to the township system enough of local self-government, which was the popular fea- ture of the district system, without cumbering it with the undesirable features of the district system. From the testimony of those coun- ties that have adopted the township system in this State, and from the prevalence and popularity of it in so many other States, I am satisfied that it will be found the more satisfactory system, and I hope to see it generally adopted in North Carolina. The appoint- ment by the Township Committees of one man in each district is permissive and not compulsory. Sec. 18. The School Committee, as soon as practicable school committee ' ^ shall elect Chair- after their election and qualification, not to exceed twenty man and secretary. days, shall meet and elect from their number a chairman and secretary, and shall keep a record of their proceed- \^^^^^ °^ proceed- ings in a book to be kept for that purpose ; the name and cha'irmin and ¥ec- address of the chairman and secretary shall be reported to supenntendenty the County Superintendent of Schools and recorded by him, and all appeals from the committee, shall be first Appeals from T y: i- ' Committee. made to the County Superintendent of Schools, whose de- cisions shall be final, unless reversed by the County Board of Education. Note. — This section requires the official acts of the committee to be done in a business-like manner and the records kept in a book for that purpose. To avoid trouble this section should be strictly obeyed. The County Superintendent should see that every com- mittee is supplied with a book. If necessary the book could be paid for out of district, township or county fund. Sec. 19. The School Committee shall be intrusted with committee to have the care and custody of all school-houses, school-house property, sites, grounds, books, apparatus, or other public school property in the township, with full power to control the same as they may deem best for the interest of the public schools and the cause of education. Committee to Sec. 20. The School Committee is required to furnish furnish county ^ Supermtendent the County Superintendent of Schools a census report of 0^301100 fag'e^'et'e.'^ School Law 2. li Blanks to be furnished. •When. Report to be ■verified. When returnable. Penalty for failure to comply with provisions of this section. Compensation for making census. Report of number of public school houses and value of school property. Ijist of persons of school age to be furnished teachers. Report of persons unable to read and write. Employment of teachers. Superintendent to be notified. all the pupils of school age in their township or district hy name, age, sex and race, also name of parent or guard- ian, and the blanks upon which said reports are to be made shall be furnished to the various school committees bj the Oountj Superintendent of Schools on the first Mon- day in August in each year, which report shall be duly verified under oath by the committee and returned to the County Superintendent of Schools on or before the first Monday in September of each year, and any committee failing to comply with the provisions of this section with- out just cause shall be subject to removal. The School Committee shall be allowed a sum not exceeding two cents per name for all names reported between the ages of six and twenty-one. The School Committee shall also report to the County Superintendent of Schools, who shall in turn report to the Coiaity Board of Education, the num- ber of public school-houses and the value of all public school property for each race separately and furnish to the teacher at the opening of the school a complete copy of the census furnished to the County Superintendent, wdiich shall be recorded by the teacher in a register contain- ing the name and age of each pupil of school age in that district. They shall also report by race and sex the number of all persons between the ages of twelve and twenty-one who can not read and write. School Committee shall meet at convenient times and places for the employment of teachers for the public schools, and no teacher shall be employed by any committee except at a regularly called meeting of such committee, due notice of said meeting having been given at three public places by the committee. The County Superintendent shall be no- tified at once by the Secretary of the Committee of the name of the teacher elected, and a copy of the contract, duly signed and recorded, shall be filed with said County Superintendent ; and no voucher for the salary of a teacher 19 of any scliool shall be signed by any County Super in- uniess"contraci"^ tendent unless a copy of such teacher's contract has been filed with him as herein provided, and unless he shall have received satisfactory evidence that said teacher has been elected in strict accordance with this section. Note. — ^This census must be made promptly at the time and in proper form and should contain the information required by this section. Attention is called to the manner of employing teachers. 1. The Census. — This census should be carefully taken in strict accordance with the requirements of this section. Committees are required to make two copies of the census of each district — one for the County Superintendent and one for the teacher of the District School. Superintendents will furnish to committees a suf- ficient number of blanks for this purpose, and see that the teacher of each school is furnished with a complete copy of the census, and is required to copy the same in the school register. This infor- mation is necessary in order that the teacher may know the chil- dren not in attendance and find out the cause of their absence and seek to bring them into school. Teachers and committeemen are urged to compare the census with the enrollment and to make every effort to secure the attendance of the absentees. 2. Emi^loyment of Teachers. — Committeemen are urged to observe strictly the requirements of this section in regard to the employ- ment of teachers. The County Superintendent is forbidden to sign the voucher of any teacher that has not been employed as herein directed. Teachers, therefore, are advised to see that their em- ployment has been in strict compliance with this section. That is the dignified, business-like way to employ teachers, and it is now made the only legal way to employ them. County Superintendents should enforce this strictly and aid in its enforcement by advising with committeemen, assisting them and furnishing them, if neces- sary, a record book and blank teachers' contracts. Blank forms of contracts with teachers will be found in the appendix of this pam- phlet. Sec. 21. The School Committee shall keep a book in committee to keep itemized statement which shall be recorded an itemized statement of all of moneys appor- tioned, received moneys apportioned to, received and expended by them for eopy''of*conti4'cta^° each school and a copy of all contracts made by them ^'^ with teachers. The committee shall have authority to Power to purchase •^ supplies. purchase the supplies necessary for conducting the schools 20 and for repairs to an amount not to exceed in the aggre- gate the sum of twentj-five dollars in any one year for each school. Note. — The Superintendent should not recommend payment of any account against the school fund, except upon an itemized state- ment sworn to by the committee. Bills of necessary supplies and repairs under $25 must be paid out of district fund. Power to employ and dismiss teaefiera. Time of contract. Amount of con- sideration limited. Restriction on employment. Age limit for certificate. Compensation al lowed to teachers Restrictions as to third grade certificates. Minimum time of compensation. School month defined. School term to be continued. When certificates issued by institu- tions void. Sec. 22. The School Committee shall have authority to employ and dismiss teachers, but no contract shall he made during any year to extend beyond the term of office of the committee, nor for more money than accrues to the credit of the district for the fiscal year during which the con- tract is made. JSTo person shall be employed as a teacher who does not produce a certificate from the County Super- intendent of Schools or other parties authorized by law to issue the same and dated within the time prescribed by law and continuing to the end of the term. No certificate to teach shall be issued to any person under eighteen years of age. Teachers of second arade shall receive not more than twenty-five dollars per month out of the public fund, and teachers of the first grade may receive such compensa- tion as shall be agreed upon. Teachers of the third grade shall receive not more than twenty dollars per month, but no third-gTade certificate shall be renewed and no holder of a third-grade certificate shall be employed except as an assistant teacher. 'No teacher shall receive any compen- sation for a shorter term than one month unless provi- dentially hindered from completing the term. Twenty school days of not less than six hours nor more than seven hours each day shall be a month. The school term shall be continuous as far as practicable: Certificates issued by any institution as now provided by law shall be void when- ever the jDerson holding said certificate shall for three consecutive years fail to teach in some school in the State. 21 Note. — Subject to section 24, as to teachers' salary. No legal contract can be made with any teacher for a salary greater than the maximum salary fixed by the County Board of Education under section 24 for the school. Attention is called to section 20 and sec- tion 34 and the notes thereon. In the selection of teachers committeemen who are regardful of their solemn official oath will be influenced by nothing but the qualifications of the teacher and the interest of the children. Sec- tion 20 should be strictly obeyed, and full notice of the time and place of the selection of teachers given, so that all teachers desir- ing employment may have opportunity to apply and offer recom- mendations. From all applicants the best teacher should be se- lected, irrespective of all other considerations. Favoritism and nepotism in the selection of teachers are wrong and necessarily cause great dissatisfaction and dissension. Sec. 23. At the end of every term of a public scliool, At end of term "^ teacher to exhibit the teacher or principal of the school shall exhibit to the gjfho^c^mmittee School Committee a statement of the nmnber of pupils, Contents. male and female, the average daily attendance, the length of term and the time taught. If the committee is satis- ^^T^on Treasl'rir laed that the provisions of this act have been complied for teacher's salary, with they shall give an order on the Treasurer of the county school fund, payable to said teacher, for the full amount due for services rendered, but monthly and, if re- ^^^^^'/^ feacher. quired by the County Superintendent, weekly statements and reports shall be made by the teacher to the commit- tee, and to the County Superintendent ; orders on the when orders on ' 1 _c Treasurer valid. Treasurer shall be valid when signed by two members o± the committee and countersigned by the County Superin- tendent. When a monthly or weekly report of any school where the district does not contain over one hundred and fifty children shows an average daily attendance of less than one-fifth of the school census, the committee or when committee ^ may order scJiool County Superintendent shall at once order the school to "'osed, etc. be closed and the money due said school shall remain to the credit of that school : Provided, however, that all funds Proviso, remaining to the credit of said school at the close of the school year, unused because of non-attendance, shall be 22 returned to the general fund for re-apportionment, unless such non-a,ttendance shall have been caused by providen- tial or other unavoidable causes. Note. — The purpose of requiring funds unused because of non- attendance to be returned to the general fund for re- apportionment, unless such non-attendance is the result of providential or other unavoidable cause, of which the County Board is the judge, is to stimulate attendance by taking the money from those who refuse, for insufficient reasons, to use it, and give it to those who will use it. In order to keep up with the work in the various districts and keep in touch with every teacher, monthly reports at least should be required promptly of every teacher. Some County Superinten- dents have been very successful in requiring brief weekly reports, and enthusiastically recommend them. In the appendix will be found a blank form of weekly reports. Reserve contin gent fund. Sec. 24. The County Board of Education shall, on the first Monday in January and the first Monday in July of ^c'hooiVund?°'^"°" ^^^^^ y^^^f apportion the school fund of the county to the varioTTS townships in said county per capita ; but they shall, before apportioning the school fund to the various townships, reserve as a contin2:ent fund an amount suiS- cient to pay the salary of the County Superintendent and per diem and expenses of the County Board of Education, and shall set aside one-sixth, if necessary, of the total school fund to be used in securing a four months' school term in Reserve fund for evcry scliool in the couuty ; and they may further reserve building and ^ :i ./ j Proportion ^^ ^ fuud for building and repairing schonl-houses and for equipment, in counties with a total school fund of five thousand dollars or less, not more than twenty per cent, thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not more than sixteen per cent, thereof ; in counties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not more than ten per cent, thereof; in counties with a total school fund of over twenty-five thousand dollars, not more than seven 23 and a half per cent, thereof ; to be used as directed in sec- tion 13 of the School Law. It shall he the duty of the rnra1,porUou'^'''^ County Board of Education to distribute and apportion ™°°®^' the school money of each township so as to give to each school in said township for each race the same length of school term as nearly as may be each year ; in making such J^adroVwork^ ^'^^ apportionment the said County Board of Education shall have proper regard for the grade of work to be done and the qualifications of the teachers required in each school for each race ; and the said County Board of Education shall fix the maximum salary for each school in the county: Provided, that the Ct)unty Board of Education, upon the Board to have recommendation of the County Superintendent, shall have sehooL ^ '° "^ °^^ authority to close any school for either race in any town- ship before it shall have continued for the average length of school term for the township, in case the attendance does not justify the continuance of the school, and the money remaining to the credit of said district thus used for non-attendance shall be returned to the general school fund. As soon as the apportionments are made, it shall Board to notify J- J- ' committeemen be the duty of the County Board of Education to notify ^""^ treasurer. the school committeemen and the treasurer of the county school fund of the amount apportioned to each school, and each school shall be designated as School IN'umber 1, 2, 3, etc., for white, colored or Indian, in ... . Township, in the County of ... . Funds unused by any district F"ids unused to •J "J ^othing in this act shall prevent the Board of Education, whenever they shall deem it neces- sary for the good of the public schools, from forming a school district out of portions of two or more contiguous townships. School districts may be formed out of por- tions of contiguous counties by agreement and consent of the County Boards of Education of the two counties ; and, in case of the formation of such districts, the per capita part of the public school money due the children residing in one county shall be apportioned by the County Board of Education of that county and paid to the treasurer of the other county in which the school-house is located, to be placed to the credit of the school district so formed. Mi of school district. Formation of dis- tricts from eontigu ous townships. Districts may be formed. Money to be apportioned. Note.— The County Board of Education should combine and con- solidate the schools, in most instances making fewer and better schools. This end should be kept in view in making the boundaries. One school with two teachers is better than two schools. If you increase the number of schools you shorten the terms and decrease the efficiency of the schools. A good county map showing townships, school districts, location of streams, swamps, roads, mountains, etc., is indispensable. (See also, in Appendix, special act appropriating $200,000 and note on it). Power to receive gifts, dispose of school property, etc. Deed, how executed. Sec. 30. The County Board of Education may receive any gift, grant, donation or devise made for the use of any school or schools within their jurisdiction. When, in the opinion of the board, any school-house, school-house site, or other public school property has become unnecessary for public purposes, they may sell the same at public auction, after advertisement of twenty days at three public places in the county, or at private sale. The deed for the prop-- erty thus sold shall be executed by the chairman and clerk 29 of the board, and the proceeds of the sale shall be paid ^J^posai °f p"""^- to the treasurer of the county school fund. Sec. 31. The County Board of Education may receive sites for sehooi- suitable sites for school-houses by donation or purchase. In case of purchase they shall issue an order on the treas- urer of the County Board of Edu.cation for the purchase Tjt,g^ j^ ^^^^^ money and upon payment of the order the title to the said site shall vest in the board and their successors in office. Whenever the board is unable to obtain a suitable site for Procedure to con- demn sites where a school by gift or purchase, they shall report to the County "nd'^Mst°ss"'^'^'^^^^' Superintendent of County Instruction, who shall, upon damages. five days' notice to the owner of the land, apply to the Clerk of the Superior Court for the appointf^ent of three appraisers, who shall lay off, by metes and bounds, not more than two acres, and assess the value thereof. They to make written ' . repor . shall make a written report of their proceedings, to be signed by them, or by a majority of them, to the said Clerk within five days from their appointment, who shall enter the same upon the records of the Court. Said appraisers and officers shall serve without compensation. If said re- port is confirmed by the Clerk of the Court, the chairman upon payment or J. 1 offer of payment and secretarv shall issue an order on the treasurer ot tne tuie to vest in ■^ County Boards and County Board of Education in favor of the owner of the their successors, land thus laid off, and upon the payment or offer of pay- ment of this order the title to said land shall vest in the County Board and their successors in office. Improved f ^p'^^ie" ?and. land shall not be condemned imder this section unless it be essential to secure a proper location. Any person aggrieved Appeal, by the action of said appraisers may appeal to the Superior Court of the county in which the land is situated upon Appeal bond, giving bond to secure the board against such costs as may be incurred on account of said appeal not being prosecuted with effect. 30 Note. — In purchasing sites for school-houses it is a great mistake not to secure plenty of land while it is cheap, for play-ground, for future growth, and for gardening and study of plant growth on a limited scale. In most cases, especially in the country, several acres ought to be purchased, if possible. Recorded and kept ^^^- ^^- ^^^ ^^^^^ ^^ ^^'^^ Countj Board of Education by Clerk of Court. g]^^i| ^^ rgcorded and delivered to the Clerk of the Court for safe keeping, and the Secretary cf the County Board of Education shall keep an index bj townships and school districts of all such deeds in a book for that purpose. Note. — A careful index of all deeds to school property, containing titles and reference to books in the office of the Register of Deeds, where such deeds are recorded, should be prepared by the County Su- perintendent. Track can be kept of school property in this way and much trouble prevented. Contracts with teachers of private schools, when made, etc. Compensation. Qualifications of such teachers. Reports. Authority of County Superintendent. Sec. 33. In any school district where there may be a private school, regularly conducted for at least six months in the year, unless such private school is a sectarian or de- nominational school, the School Committee may contract with the teacher of such private school to give instruction to all pupils between the ages of six and twenty-one years in the branches of learning taught in the public schools, as prescribed in this act, without charge and free of tuition ; and such School Committee may pay such teacher for such service out of the public school fund apportioned to the district, and the agreement as to such pay shall be ar- ranged between the committee and teacher. Every teacher of the public school branches in said school shall obtain a first-grade certificate before beginning his or her work, and shall from time to time make such reports as are re- quired of other school teachers) under this act. The County Superintendents of Schools have the same au- thority in respect to the employment and dismissal of teachers under this section, and in every other respect as is conferred in other sections of the law. And all con- 31 tracts made under this section sliall designate the mini- contracts to desig- ° nate minimum mum length of the public school term, which shall not be p'^'^''° ®°'^°°' ''®''™- less than the average lenglh of the public school term of the county of the preceding; year. The amount paid said Maximum amount •J r o t/ i to be paid private private school for each pupil in the public school branches, ^ohooi Axed. based on the average daily attendance, shall not exceed the regular tuition rates in said school for said branches of study. Note. — If the tuition in the private school for the public school branches is $1 or $2 per month, then said private school shall not be allowed any more per capita of the public fund than they receive per capita from the parents in the private funds. To illustrate: If there are forty children in the public school branches whose pri- vate tuition is $40, then the committee can only pay $40 per month for this instruction out of the public fund. By reference to sections 64 and 65 it will be observed that where a contract is made with a teacher of a private school to teach the public school in connection with his school, no tuition can be charged any child in the district between the ages of six and twenty-one years for any study during the continuance of the public school term. Sec. 34. Ko contract for teachers' salaries shall be 4Tc°ts resSed. made during any fiscal year for a larger amount of money than accrues to the credit of the respective dis- tricts for the year and no committee shall give an order Restriction on Committee in unless the money to pay it is actually to the credit of the s'^'^s orders, district, and no part of the school fund for one year shall Restriction on use ^ ^ "^ of annual scriool be used to pay school claims for any previous year. And ^'^'^'^• no bill for the payment of any claim for teachers' salaries herein mentioned shall be introduced in either House of the General Assembly unless the claim shall have been approved by the chairman of the County Board of Educa- tion and by the County Superintendent, and unless a certificate from the County Superintendent stating that the debt v^as contracted by unavoidable mistake on the part of the teacher and the School Committee shall be attached to and accompany the bill when introduced. 32 Note. — The large number of special acts for payment of teachers' salaries before the last Legislature was the result of a disregard of this section, and necessitated the amendment that no such act shall hereafter be passed by that body except upon approval of County Board and Superintendent, and certificate by them that the debt was contracted by unavoidable mistake. If teachers and school officers will be careful, mistakes of this sort can always be avoided. School Committee to keep account of moneys and contracts. Sec. 35. The School Committee for each township shall keep a book in which shall be kept an itemized ac- count of all moneys apportioned, received and expended by them for each school and a copy of all contracts made by them with teachers. County Superin- tendent ex officio Secretary of County Board of Education. Duties. Note. — The County Board of Education will require a literal com- pliance with this section of the law. This section applies also to District Committees. Sec. 36. The County Superintendent of Schools shall be ex officio the Secretary of the County Board of Educa- tion. He shall record all proceedings of the Board of Education, issue all notices and orders that may be made by said board pertaining to the public schools, school- houses, sites, or districts (which notices or orders it shall be the duty of the secretary to serve by mail or by personal delivery without cost), and record all school statistics, look after all forfeitures, fines and penalties, see that the same are placed to the credit of the school fund and report the same to the County Board of Education. The County Board of Education shall piwide the County Superin- tendent of Schools with an office at the county seat and with a suitable book in which to keep the records required Record to Ue kept by this scction. The record of the Board of Education and the County Superintendent of Schools shall be kept in the office provided for that purpose by the said board. Board to provide superintendent with office. Note. — The duties of Superintendent as Secretary of County Board of Education are very important. 33 The County Superintendent is urged to look closely after the forfeitures, fines and penalties and to report to the Solicitor all failures of all officers to make complete and correct reports of such. Hundreds of dollars from these sources are lost to the school fund every year. Sec. 37. The County Superintendent of Schools of t^a!^[^e'i"'**4";ere each county shall examine all applicants of good moral conducted, character for teachers' certificate at the court-house in the county, on the second Thursday of July and October of every year, and continue the examination from day to day during the remainder of the week, if necessary, till all applicants are examined, and for the examination of teachers at any other time than above named, he shall re- quire of such applicant a fee of one dollar, in advance, ^®®- and all fees for private examination shall be paid by Fees for private ^ J. ./ examination, how the County Superintendent of Schools to the Treasurer disposed of. of the county school fund to go to the general school fund of the county. The place for holding the examination of examinatlln'^'"^ teachers shall be at the county seat, but other places in said county may be designated by the County Superin- tendent of Schools, when^ in his discretion, it may be for the convenience of the teachers of his county. A general average of ninety per centum and over shall en- eIti^iertofir"t' title an applicant to a first grade certificate ; a general average of eighty per centum or more shall entitle the ap^ ^eondgrade *° plicant to a second grade certificate ; and a general aver- *''''^" °^^^' age of seventy shall entitle an applicant to a third ffrade \^'hat entities to =^ -^ ^^ ^ thud trade certificate. The certificates shall be valid only in the cenifioa^tes how county in which they are issued and for one year from vaifd^" date, except that first grade certificates shall be valid for two years. The branches taught in the public schools Lis' of branches '' o i- to be taught in j shall be orthography, defining fi'eading], writing, Jraw- p"*^'"^ **'^°'''^- ing, arithmetic, geography, grammar, language lessons, history of North Carolina, including the Constitution of the State ; history of the United States, including the Con- School Law 3. 34 Examinations public. Copies to be kept and forwarded to State Superintend- ent on request. stitution of the United States ; physiology, hygiene, nature and effect of alcoholic drinks and narcotics, elements of civil government, elements of agriculture, theory and practice of teaching, and such other branches as the State Board of Education may direct. The County Superin- tendent of Schools shall hold his examinations publicly, and may invite competent persons to assist him in such examination. He shall keep a copy of all examination questions, both public and private, and forward copies to the State Superintendent upon request. ISTo Superin- tendent shall renew any second-grade certificate except upon re-examination. Teachers' meetings. Note. — It might be well for County Superintendents to give no- tice of special days for private examination also, and to hold them at no other time. The branches named in this section are required to be taught in every public school, and must be provided for first. The higher branches mentioned in section 64 in reports of teachers may be taught, also, if time and funds permit. Sec. 38. The County Superintendent shall each year hold not less than one teachers' meeting in each town- ship, which the teachers shall be required to attend, if necessary one school day may be set apart for this purpose. Note. — A live Superintendent can make these teachers' meetings very helpful in securing co-operation among the teachers of the township and uniformity of work for the entire county in course of study, method of keeping records and making reports, etc. These meetings can also be made means of encouraging, stimulating and directing teachers in many w-ays. On the same day, perhaps in the afternoon, meetings of patrons and parents might be held, and the occasion used for bringing them in closer touch and sympathy with the work and with the teachers, in cultivating educational senti- ment and arousing educational enthusiasm. Sec. 39. It shall be the duty of the County Superin- tendent to advise with the teachers as to the best methods of instruction and school government, and to that end he 35 shall keep himself thoroughly informed as to the progress of education in other counties, cities and States ; he shall have authority to correct abuses, and to this end he may, with the concurrence of a majority of the School Com- mittee, suspend any teacher who may be guilty of any te"ache/'°'^ "^ immoral or disreputable conduct, or may prove himself incompetent to discharge efficiently the duties of a public school teacher, or who may be persistently neglectful of said duties. The County Superintendent shall be re- Jehooil* eito!"° quired to visit the public schools of his county while in session under the direction of the County Board of Edu- cation, and shall inform himself of the condition and needs of the various schools within his jurisdiction. The County Superintendent, unless providentially hindered, shall attend continuously during its session the annual meeting of the State Association of County Superinten- dents, and the County Board of Education of his county shall pay out of the county school fund his traveling ex- penses and allow him his per diem while attending said meeting: Provided, that County Superintendents em- ployed on salary shall not receive any per diem while in attendance on this meeting. Note. — The requirement that County Superintendents shall visit the schools while in session is mandatory, and properly so. County Boards of Education must obey the law. The compensation allowed under section 44 is now sufficient to justify the Superintendent in visiting the schools. In no other way can the Superintendent ac- quaint himself so well with the educational condition and needs of every part of the county, with the merits and defects, the disposition and character of the teachers and acquire such a knowledge of the people and their views as will make him a helpful adviser in the selec- tion of teachers and committeemen and a wise and effective leader in all educational matters of the county. If there be a County Super- intendent whose visits to his schools would not be beneficial to him- self, his teachers, his schools, his people, no surer evidence of his in- competency is needed, and his resignation should be asked at once. The most valuable part of the work of a live, competent Superin- tendent will be his visits to the schools. Without such visits the 36 work of supervision is a misnomer and largely a farce, and the County Superintendent little more than a clerk to the Board of Education and a mechanical examiner of teachers. It will be observed that County Superintendents are required to attend the annual sessions of the State Association of County Super- intendents, and that provision is made for their expenses. Duties of County Superintendent. To distribute blanks. To distribute school registers. Advise as to gathering and reporting school statistics. Duty of County Superintendent to report to State Superintt:'ndent PudHc Instruc- tion on or before July 1st every year. Contents of report. Sec. 40. It shall be the duty of the County Superin- tendent of the Schools to distribute to the various School Committees of his county all such blanks as may be fur- nished by the State Superintendent of Public Instruction for reports of school statistics of the several districts ; also, blanks for teachers' reports and for orders on the treasurer of the county school fund for teachers' salaries; he shall also distribute to the School Committees school registers for their respective districts and necessary record book ; he shall advise with said committee as to the best methods of gathering the school statistics contemplated by such blanks, and, by all proper means, shall seek to have such statistics fully and properly reported. Sec. 41. It shall be the duty of the County Superin- tendent of Schools in each county, on or before the first Monday in July of every year, to report to the State Superintendent of Public Instruction an abstract state- ment of the number, grade, race, and sex of the teachers examined and approved by him during the year ; also, the number of public schools taught in the county during the year for each race ; the number of children of school age in each school district ; the number enrolled in each dis- trict ; the average daily attendance in each district by race and sex and the number of all persons in the county between the ages of twelve and twenty-one who cannot read and write. He shall also report by race and sex the number of pupils of each race enrolled in all the schools, their average attendance ; the average length of terms of said schools, and the average salary, respectively, 37 for the teachers of each race ; the number of school dis- tricts for each race, and any new school districts laid out during the year shall be specified in his report. He shall also report the number of public school-houses and the value of the public school property for each race ; the number of Teachers' Institutes held ; the number of teach- ers attending such institutes, together with such sugges- tions as Toaaj occur to him promotive of the school interest of the county. The County Superintendent of the [ifXnuo'reco''r"d Schools shall record in his book an accurate copy of his J," h]| repori°'^^ report to the State Superintendent of Public Instruction. If any County Superintendent of Schools fails or refuses fupeVinr/nS*^ to perform any of the duties required of him by this act cTui'i^sgu'hjecuo ic I'fOTi removal from he shall be subject to removal irom his oitice by tne office. County Board of Education upon the complaint of the State Superintendent of Public Instruction. Note. — This report must be held by County Superintendent for review by County Board of Education on first Monday of July. ( See section 59 ) . A copy must be recorded by County Superin- tendent. Sec. 42. In case the County Superintendent shall have feiiu?rd*/com- sufficient evidence at any time that any member of the dlsehargeVmciai committee is not capable of discharging or is not dis- cause for removal. charging, the duties of his office, he shall bring the matter to the attention of the County Board of Education, which shall thoroughly investigate the charges and shall remove Procedure. said committeeman and appoint a successor if sufficient evidence shall be produced to warrant his removal and the best interest of the schools demands it. Note. — This is a delicate and often unpleasant duty, but the best interest of the schools demands it. Sec. 43. That it shall be the duty of the County Su- List of deaf, dumb •^ "^ and blind perintendent of Public Instruction to require of the children. 38 To be furnished Superintendent of Deaf, Dumb aud Blind Institutions. Blanks to contain questions relative thereto. School Committee, in enumerating the number of school children, to make a statement in the report of the number of deaf, dumb and blind between the ages of six and twenty-one j^'ears, desigTiating the race and sex, and the address of the parent or guardian of said children ; and the County Superintendents of Public Instruction are hereby required to furnish such information to the prin- cipals of the deaf, dumb and blind institutions, and the Superintendent of Public Instruction, in preparing blanks, as directed in The Code, sec. 3370, shall include questions, answers to which will furnish the information as aforesaid. Note. — -Ample provision has been made by the State for the care and education of all deaf, dumb and blind children, but the Super- intendents of the State's schools for these unfortunates inform me that many of these children are never enrolled in these schools be- cause of inability to get information about them. County Superin- tendents are urged to aid in the effort to get all these children into school by insisting upon full, accurate reports of them as required herein. Connpensation of County Superintendent of Schools. Residence of County Superintendent. Unlawful to teach school. Sec. 44. The compensation of the County Superinten- dent of Schools shall be three dollars per diem, or the Board of Education luay pay an annual compensation to the County Superintendent not to exceed four per cent, of the disbursements for the schools under his supervision : Provided, however, that the County Board of Education of any county whose total school fund exceeds fifteen thousand dollars may employ a Ciounty Superintendent for all of his time at such salary as ma}^ be fixed by said Board : Provided, the County Superintendent of Iredell county shall not receive over six hundred dollars per an- num. Every County Superintendent shall reside in the county of which he is Superintendent. It shall not be lawful for any County Suj^erintendent to teach a school while the public schools of his county are in session : 39 Provided, the State Board of Education may, for good Proviso, and sufficient reason, permit a Gountj Superintendent to so teacli. Note. — This section now allows many counties to pay such reason- able compensation as will make it possible to employ competent Superintendents for all their time. The experience of other States and of those cities and towns and counties of our own State that have most efficient systems of schools, proves the wisdom of a reasonable expenditure for competent supervision. The County Board of Education of every county, in which the school fund is sufficient to permit it, is urged to employ for all his time the best possible Superintendent. If the present Superintendent is compe- tent, his hands should be untied by making his compensation suffi- cient to enable him to give all his time and thought to his work. If he is incompetent, a competent man should be found and em- ployed for this work, in the county if possible, out of the county and out of the State, if necessary. The law does not require that the Superintendent shall reside in the county at the time of his election. No work can succeed without a man at the head who knows the work, loves it, and devotes himself entirely to it. Such a man can be had for a living salary. Sec. 45. The members of the County Board of Educa- oath of office, tion, the School Committeemen and the County Superin- tendent of Schools in each county shall, before entering upon the duties of their office, take oath for the faithful performance thereof. Sec. 46. The County Treasurer of each county shall c°;?^°^'yjTr|«J'-er receive and disburse all public school funds, and shall fJnds!^^ ^'^ keep the same separate and distinct from all other funds, Je°pamte.^'*™^ but before entering upon the duties of his office he shall execute a justified Treasurer's bond, with security in an To execute bond, amount to be fixed by the Board of County Commission- ers in an amount not less than the moneys received by Amount, him or by his predecessor during the previous year, con- conditions of ditioned for the faithful performance of his duties as treasurer of the county school fund, and for the payment over to his successor in office of any balance of school 40 Increase of bond. Concerning default of County Commissioners. Approval of Treasurer's bond. Action, by whom brought. Separate bond. When orders shall be valid, voui'hers in hands of Treasurer. Limit to amount of order. Restriction as to endorsement of teacher's order. Order for building and repairs not to be paid till title passed, registered and deposited with clerk. Treasurer liable on bond for suras illegally paid. moneys that may be in his hands unexpended, and the County Board of Commissioners may, from time to time, if necessary, require him to strengthen said bond, and in default thereof the members of the County Board of Com- missioners shall be guilty of a misdemeanor. Sec. 47. The bond of the Treasurer of the county school fund shall be approved by the Board of County Commissioners, and they shall bring action for any breach thereof, and on their failure to bring such action it may be brought in the name of the State on the relation of any tax-payer. The said bond shall be separate, not including liabilities for other funds. Sec. 48. All orders for the payment of teachers' sala- ries, for building, repairs, school furnishings, or for the payment of money for any purpose whatsoever, before it shall be a valid voucher in the hand of the County Treas- urer, shall be signed first by at least two members of the committee, then by the County Superintendent. No order shall be signed by the County Superintendent for more money than is to the credit of that district for the fiscal year, nor shall Superintendent of Schools endorse the order of any teacher who does not produce a certificate as required in section 22. The said treasurer shall not pay any school money for building or repairing any school- house unless the site on which it is located has been do- nated to or purchased by the County Board of Education and the deed for the same regularly executed and delivered to said board and their successors in ofiice, probated, reg- istered in the office of the Register of Deeds for the county and delivered to the Clerk of the Court, to be by him safely deposited with his valuable official papers, and surren- dered to his successor in office, and for default he shall be liable on his official bond for any sum thus illegally paid. 41 Sec. 49. It shall be tlie duty of the treasurer of the ?oTee"p''aocount°°' county school fund to keep a hook in which he shall open show!'' "" **' ° an account with each township in the county, showing the amount apportioned to the various townships by the Oounty Board of Education. He shall also open an ac- count with each school district showin^r the amount appor- tioned to the various school districts. He shall record the ■date of all payments of school money in the name of the person to whom paid and for what purpose and the seve- ral amounts. He shall balance the amount of each town- ic"coun'ts'^^ ship and district annually on the thirtieth of June of each year, and shall report by letter or printed circular, ^"county ellaJd*' within ten days thereafter, said balances to the County cSmmiuee. Board of Education and to the School Committee. Sec. 50. The treasurer of the county school fund shall Jequf^eT'lo^'pro" when required by the County Board of Education pro- v<.u. hers, and . . n n exhibit school duce his books and vouchers for examination, and shall moneys at ' settlements. also exhibit all moneys due the public school fund of the county at each settlement required by this act. Sec. 51. The treasurer of the county school fund of to'"staw snperi''a°'^' each county shall report to the State Superintendent of instnieti'on. Public Instruction on the first Monday of August of each ^^'^^ ""^'^^• year the entire amount of money received and disbursed contents. by him during the preceding school year, designated by items, the amounts received respectively from property tax, poll tax, liquor licenses, fines, forfeitures, and penal- ties, auctioneers, estrays, from State Treasurer and from other sources. He shall also designate by item the sum paid to teachers of each race respectively, for school- houses, school sites in the several districts, and for all other purposes specifically, and in detail, by item, and on the same date he shall file a duplicate of said report in t^^bi's^ed wiTh "^ the ofiice of the Cbunty Board of Education. He shall Educa^tion.*' make such other reports as the County Board of Education ^"^ '^^^"^ ^' of the county may require from time to time. 42 accounrjf' Sec. 52. The treasurer of the county school fund shall receipts. j^^^^ ^ ^^^-^ ^^ which shall be entered a full and detailed account of all public school moneys received by him, the name of each person paying him school money, the source from which the same may have been derived, and the JniyTrom^T.eH? ^atc of such payment. In his settlement with the Sheriff offieer^'^*^° ^''""^ or Other collecting officer of public school funds the said treasurer shall receive money only. Misdemeanor for Sec. 53. Any treasurer of the county school fund fail- Ireasurer to iHil "^ •/ reqlufe'd'in^h'is ^^g ^o make rcports required of him at the time and in the manner prescribed, or to perform any other duties re- quired of him in this act shall be giiilty of a misdemeanor Penalty. ^^^ -^^ fined not less than fifty dollars and not more than two hundred dollars, or imprisoned not less than thirty days, nor more than six months, in the discretion of the Court. Sheriff to settle Sec. 54. The Sheriff of each county shall pay annually school funds in _ J l J ^ money with [f^ monev to tlic trcasurcr of the county school fund on or Ireasurer on or •' "^ I'n^eacii'^yeTr'"^'''^ ^ before the thirty-first day of December of each year, the whole amount levied, less such sum or sums as may be allowed on account of insolvents for the current year, by both State and county, for school purposes, and on failing ^li'Ji'',^.* to do so shall be guilty of a misdemeanor and fined not less misdemeanor. o J Penalties. than two hundred dollars, and be liable to an action on his official bond for his default in such sum as will cover Action on bond, g-f^(.\^ default, said action to be brought to the next ensuing how brought. ' o o term of the Superior Court, and upon the relation of the County Commissioners for and in behalf of the State. Note. — The only sum deducted from the "whole amount levied by both State and county for school purposes will be that allowed on account of insolvents for the current year." Sheriff to take Stlc. 55. The Sheriff or other collecting officer shall from Treasurer '^ receipts.^ take duplicate receipt of the treasurer of the county school fund for such payment as he may make under this act, 43 one copy of which shall be transmitted to the Auditor of J° "''^""^ , ^ "^ transmitted. the State and one to the chairman of the County Board of Education, and upon his failure to do so he shall be guilty m^gdemeanor of a misdemeanor and fined or imprisoned as in section 53 p®"^"^- of this act. Sec. 56. Whenever the Sheriff or other collecting offi- de^fgVa°ed^in cer i^ays over money to the treasurer of the school fund he receiptsf^ ^"*^ shall designate the items as indicated in section 51 of this act, and these items shall be stated in the receipts given by the treasurer. Sec. 5Y. If the term of office of any treasurer shall ex- Tieasu°rfl''^ °^ pire on the thirtieth day of November during any fiscal ^^p''*""- school year, or if for any reason he shall hold office be- yond the thirtieth day of November, and not for the whole of the current fiscal school year, he shall, at the time he when he vacates his office during goes out of office, file with the County Board of Education fiscal school year, t3 ' i/ to file report. and with his successors a report, itemized, as required by section 51 of this act, covering the receipts and disburse- ments for that part of the fiscal school year from the thir- tieth of June preceding to the time at which he turns over the office to his successor, and his successor shall include -nXded^i'D hi^*" in his report to the State Superintendent the receipts and ?eport.^°' * disbursements for the current fiscal year. Sec. 58. Each treasurer of the county school fund in Retiring Trea.s- "^ urer to deposit going out of office, shall deposit in the office of the Board ^°f b^'nks,'"'^' of Education of his county his books, in which are kept his school accounts, and all records and blanks pertaining to his office. The treasurer of the county school fund when school shall, on the last Saturday of each month, attend at his office for the purpose of payiug scliool orders; but this shall not be construed to prevent the payment of orders at other times ; and he shall be allowed for compensation Compensation of as treasurer of the school fund such sum as the Board of Education may allow him, not to exceed two per centum of his vouchers paid on orders of School Committees. 44 Annual settle- ment of school business. Examination and forwarding books of Treasurer and County Superintendent. Revised form of blanks for tax lists to be sent out by Auditor. Register of Deeds to furnish County Boards of Educa- tion abstract of tax lists. What to show. Other information. Clerks of Courts to furnish County Boards statement of fines, penalties and forfeitures going to school fund, when. Failure a misdemeanor. Penalty. Duties of teachers in schools. Sec. 59. On the first Monday of July, the County Board of Education, County Superintendent of Schools and Treasurer shall meet at the office of the board and settle all the business of the preceding fiscal year. . The board shall on that day examine the reports of Treasurer and County Superintendent, and if found correct shall direct them to be forwarded. Sec. 60. The Auditor of the State shall include on the form which he furnishes to the Board of County Commis- sioners and on which the tax lists are to be made out, separate columns for school poll tax and school property tax, in one of which columns the total poll tax levied by the General Assembly and the county authorities for schools due by each tax-payer and in the other the total property tax levied by the General Assembly on [and] the county authorities for schools due oj each tax-payer. Sec. 61. The Kegister of Deeds shall furnish to the County Board of Education, as soon as the tax lists are made out, an abstract of said lists, showing in separate columns the total amount of poll tax borne on said lists, and also the total amount of property tax borne on the same, and shall furnish such otLer information from his office as the County Board of Education may require. Sec. 62. The Clerks of all Criminal, Superior and Mu- nicipal Courts shall furnish to the County Board of Edu- cation of the county on the first Monday of July and January of each year a detailed statement of fines, for- feitures and penalties which go to the school fund that have been imposed, or which have accrued. Any Clerk failing to comply with the duties herein prescribed shall be guilty of a misdemeanor, and shall, upon conviction, be fined or imprisoned in the discretion of the Court. Sec. 63. It shall be the duty of all teachers of free public schools to maintain good order and discipline in their respective schools ; to encourage morality, industry 45 and neatness in all of their pupils, and to teach thoroughly all branches which they are required to teach. Pupils Dismissal of '' -^ ^ pupils. who wilfully and persistently violate the rules of the school and any of immoral life and character shall be dis- missed by the teacher. Sec. 64. Every teacher or principal of a school to T®^"hers to keep •-' c i. daily record. which aid shall be given under this act shall keep a daily record of the attendance of pupils. At the end of every Report of teacher to County term every principal or teacher of a public school shall superintendent. •^ r 1. J. What to contain. report to the County Superintendent of Schools the length of term of school, the race for which it was taught, the number, the sex, and average daily attendance of the pupils, and the number of the district in which the school is taught, the number of children on census blank not attending any school this year, number of children under seventeen years of age not attending any school ; state some causes why they do not attend, how many families having children of school age did not send any of their children to school, how many families did ; state what per- sonal effort you have made to get these children to attend school ; number of children studying primary arithmetic, number studying intermediate arithmetic, number study- ing advanced arithmetic, number studying primary geog- raphy, number studying intermediate geography, nmn- ber studying language lessons, number studying element- ary English grammar, number studying higher English grammar, number studying elementary history of North Carolina, nimiber studying advanced history of North Carolina, number studying elementary history of United States, number studying higher history of United States, number studying elementary physiology and hygiene, number studying advanced physiology and hygiene, num- ber studying civil government, number studying Latin, number studying algebra, number studying higher En"- •^ ° ^ ' J fc> & & Teachers to file lish. Teachers shall file with their registers at the end ^^[^°'^'^*''^"'^°^ Contents. 46 of the school term an accurate record of the promotion, advancement, and classification of every child attending the school just closed. Note. — The personal effort made by the teachers to secure accu- rate information required will greatly facilitate his work in the school and add to our fund of reliable statistics. The County Su- perintendents should not approve the voucher of any teacher who does not intelligently furnish this information. School Committee- men should not approve teachers' orders for salary until the provis- ions of this section have been strictly complied with. ^bUeTc'hooi"''^^ ^^^- ^^- Every school to w^hich aid shall be given under this act shall be a public school to which all children liv- agi adm"it°ed'free.' ^"& within the district between the ages of six and twenty- one years shall be admitted free of charge for tuition. The Pay students. Committee may admit pay students over twenty-one years of age. Note. — No student under twenty-one years of age in any district can be charged tuition for any branch of study in any school in that district using the public school fund of the district. snp°e'rmtendent ^'EC. 66. The principal or superintendent of every wholly o/pa«iy ^ scliool Or institution of learning supported in whole or in by public funds to , i t (• i i ii t m n report to State part by public luuds shall report to the otate feuperm- Superintendent. tendent at such time and in such form as he may direct, and shall also report to the County Superintendent in which such scliool or institution of learning is situated. Fiseai school year. Sec. 67. The fiscal school year shall begin on the first day of July and close on the thirtieth of June next suc- ceeding. Note. — The school year begins on the first day of July. No school shall be in session at close of fiscal year; i. e., the term cannot embrace parts of two school years. Sren°t''o°bi°''''' ^^^- ^^- ^^^ ^^^te children shall be taught in the pub- Ichloil!" "^^''"'''^ lie schools provided for the white race, and all colored children shall be taught in the public schools provided for 47 the colored race ; but no child with negro blood in his veins, however remote the strain, shall attend a school for the white race ; and no such child shall be considered a white child. Sec. 69. It shall be unlawful for any County Board of Restriction on purchase of school Education or School Committee to buy school supplies in supplies, which any member has a pecuniary interest. Nor shall On recommenda- . • r 1 tion, etc., of school any school officers or teachers receive any giit, emolument, supplies, reward or promise of reward for influence in recommend- ing or procuring the use of any school supplies for the schools with which they are connected. Any person vio- ^i^'demeanor lating the provisions of this act shall be removed from his To be removed ~ ^ irom office. position in the public service and shall, upon conviction, be deemed guilty of a misdemeanor. Sec. to. The State Board of Education shall elect bien- ^tate Board of Examiners and nially a State Board of Examiners, which shall consist of o'f whom ^o''°*®'^- three professional teachers and the State Superintendent of Public Instruction, who shall be ex officio the chair- man of said board. The said Board of Examiners shall Powers and duties. prepare a course of study for the colored normal schools, elect teachers therein, fix all salaries and provide for Sum- mer School of not less than two weeks' duration, which all teachers in said Normal School shall be required to at- y^ft co^^e^d ^° tend. One member of said Board of Examiners shall and'reporV"" visit each of said Colored Normal Schools annually, in- spect the work and report in writing to the State Superin- tendent of Public Instruction, who shall have the reports Reports printed ' -t^ and submitted to printed and submitted to the General Assembly on or Ass^e^rLwy. before January twentieth, 1905. Meetings of the State rfExamin°irs°'"''^ Boards of Examiners shall be held at the call of the State ^^®° ^ • Superintendent of Public Instruction, and the members compensation, shall receive no compensation other than traveling ex- penses and board while attending upon their official du- ties, an itemized statement of which shall be kept in the itemized state- ' '- ment to be kept. books of the State Superintendent of Public Instruction. 48 Power of Commis- sioners of ineor- pornted towns and cities to order an election on ques- tion of special tax for schools on peti- tion of one-fourth of freeholders. When held. Maximum amount of tax. Election, how held. Form of ballots If authorized by majority of quiilifind voters, tax to be levied and collected. Moneys so eol- lei'ted, how dispo.sed of. Town or city to comprise only one school district. Apportionment of moneys. Sec. 71. In every incorporated city or town in which there is not now levied a special tax for schools, upon a petition signed by one-fourth of the freeholders therein^ the Board of Aldermen or Town Commissioners of said city or town shall, at the date of municipal or general elec- tion next ensuing upon the presentation of said petition order an election to be held to ascertain the will of the people whether there shall be levied in such city or town a special annual tax of not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the Public School Fund in such city or town. Said election shall be held in the dif- ferent election precincts or wards under the law governing municipal or general elections in said cities or towns. At said election those who are in favor of the levy and col- lection of said tax shall vote a ticket on which shall be printed or written the words "For Special Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words ^'Against Special Tax." In ease a majority of the qualified voters at said election is in favor of said tax the same shall be annually levied and collected in such town or city in the manner pre- scribed for the levy and collection of other city taxes. All moneys levied under the provisions of this section shall,, upon collection, be placed to the credit of the Town School Committee, composed of not less than five nor more than seven members, appointed by the Board of Aldermen for said city or town, and shall be, by said committee, ex- pended exclusively ujx)n the public schools in said city or town, and there shall be but one school district in the said city or town in which there may be established one or more schools for each race, and the School Committee shall apportion the money among said schools in such manner as in their judgment will equalize school facili- ties. 49 Sec. 72. Special school tax districts may be formed by Formation of -'■ d J Special school tax the County Board of Education in any county without re- <^'-*''^°'^^- gard to township lines under the following conditions: Upon a petition of one-fourth of the freeholders within the proposed special school districts, endorsed by the County Board of Education, the Board of County Commissioners, after thirty days' notice at the court-house door and three Notice of election, other public places in the proposed district, shall hold an Election, election to ascertain the will of the people within the proposed special school district whether there shall be levied in said district a special annual tax of not more than thirty cents on the one hundred dollars valuation of ^'^°"'^* °f ''^^• property and ninety cents on the poll to supplement the Public School Fund, which may be apportioned to said district by the County Board of Education in case such special tax is voted. The Board of County Commission- ers shall appoint a registrar and order a new registration for said district and said election shall be held in the heid."°°' *'°'' said district under the law governing general elections as near as may be. At said election those who, are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words, "For Spe- ^°''™ ^^ ^*"°*^^- cial Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words, "Against Spe- cial Tax." In case a majority of the qualified voters at qu^meci'voters .... p . -. , ini favor tax, same to said election is m lavor oi said tax the same shall be an- be levied and collected. nually levied and collected in the manner prescribed for the levy and collection of other taxes. All money levied moneys sT '^^ under the provisions of this act shall upon collection be °° ^'^ ® • placed to the credit of the School Committee in said dis- trict, which committee shall be appointed by the County Board of Education ; and the said School Committee shall apportion the money among the schools in said districts in such manner as in their judgment shall equalize school facilities. School Law 4. 50 Restrictions on application of this act. Vacancies in certain special school districts, how filled. Where districts comprise a town- ship, regulations relative thereto. Section 47, chap- ter 199, Laws 1899, amended. Board to publish statement. Conflicting laws repealed. Sec. 73. The provisions of this act shall not apply to any township, city or town now levying a special tax for schools and operating under special laws or charters, or to schools operating under section 47, chapter 199, Laws of 1889, school districts in any city or town now operating under section 47, chapter 199, Laws of 1889, are hereby continued and all vacancies in the School Committee therein shall be filled by the County Board of Education, and if said districts comprise a township there shall not be appointed township school committeemen for said town- ship, and all apportionment shall be made directly to the committee of said districts: Provided, however, that all schools receiving any part of the public school fund shall be required to make to the State Superintendent and the County Superintendent such reports as these officers shall demand, and as are made by other public schools to them, and shall be under the general supervision of the State Superintendent of Public Instruction. Sec. 74. Section 47, chapter 199, Laws of 1889, is hereby amended by striking out the words, ''By and with the consent of the County Board of Education." Sec. 75. The Board of Education of the several coun- ties shall publish annually, on the thirty-first day of De- cember, a financial statement in like manner as now re- quired by law of Boards of County Commissioners. Sec. 76. That all laws and clauses of laws in conflict with the provisions of this act shall be and the same is hereby repealed. Sec. 77. This act shall be in force from and after its ratification. In the General Assemblv read three times and ratified this 4th day of March, A. D. 1903. APPENDIX. An act to provide for the establishment and enlargement of libraries in the Public Schools of the rural districts. The General Assembly of North Carolina do enact: SECTioisr 1. Whenever the patrons and friends of any eiubnlhed.^ free public school shall raise by private subscription and tender to the treasurer of the county school fund, for the establishment of a library to be connected with the said school, the sum of ten dollars, the County Board of Educa- tion shall appropriate, from the money belonging to that school district asking for the library, the sum of ten dol- lars for this purpose and shall appoint one intelligent per- puwfc sThoois!'^^^ son in the school district the manager of said library. The County Board of Education shall also appoint one ^"^^pp*'*^*^'*- competent person well versed in books to select books for the libraries as may be established under the provisions of this act from lists of books approved by the State Super- intendent of Public Instruction. Sec. 2. As soon as the County Board of Education of teuT'Iuo'nolify 1 Ti 1 T . ,. « -,. Secretary of state any county shall have made an appropriation lor a li- Board of the estab- 1-1 ^^ 1 -I r\ oi • lishment of brary m the manner prescribed, the County Superin- library. tendent of Schools shall inform the secretary of the State Board of Education of the fact, whereupon the said State state Board to " ■•■ relund $10. Board of Education shall remit to the treasurer of the county school fund the sum of ten dollars for the purchase of books. Sec. 3. Within thirty days after the payment of the ^^^^^^"^ ^^ ^^^^''^ money to the treasurer of the county school fund, the per- son appointed to select the books shall submit the list of books to be purchased and prices of same to the treasurer, who shall order the books at once. The treasurer shall re- books"'^'' '"^ *'''*^*'" «eive no compensation except his regular commission. The 52 Book ease, how furnshed. Rules governing use of books. Exphange of local libraries. Provided: when exchange to be made. Enlargement of library, how secured. Money refunded by State Board. Appropriation for this purpose. Proviso: two-thirdi for establishing and one-third for enlarging libraries. County Boards of Education shall furnish, at the expense of the general county school fund, a neat book case with lock and key to each library upon apjDlication of the County Superintendent of Schools. Sec. 4. The local manager of every library shall carry out such rules and regulations for the proper use and pre- servation of the books as may be enjoined by the State Superintendent of Public Instruction. Sec. 5. The local managers of two or more libraries may by agreement exchange libraries: Provided, that no exchange shall be made oftener than once in six months and that no part of the expense of exchanging libraries shall be borne by the public. Sec. 6. Whenever the patrons and friends of any free public school in which a library has been established under the j)rovisions of chapter 662, Laws of 1901, shall raise by private subscription and tender the treasurer of the county school fund the sum of five dollars for the enlargement of the library, the County Board of Education shall ap- propriate from the money belonging to that school district the sum of five dollars and the State Board of Education shall remit to the treasurer of the county school fund the sum of five dollars. The money thus collected and ap- propriation shall be used for the enlargement of libraries already established under the same rules and restrictions as govern tlie establishment of new libraries. Sec. 7. The sum $Y,500 of the appropriation for the public schools of the State is hereby appropriated and set apart to be expended by the State Board of Education under the provisions of this act: Provided, that of this amount a sum not exceeding $5,000 may be expended by the State Board of Education in the establishment of new libraries, and a sum not exceeding $2,500 may be ex- pended by the State Board of Education in the enlarge- ment of libraries already established. 53 Sec. 8. Not more than six new libraries in any county dumber of new •J 'J libraries in addition to those already established shall be entitled to established, the benefits of this act, and not more than six libraries already established in any county shall be entitled to the benefit of section six of this act. ISTo school district in ^^^^^f °^ **'^ *°* any incorporated town with a population exceeding one thousand persons shall receive any moneys under the pro- visions of this act, nor shall any school district receive the benefits of this act without the approval of the County Board of Education. Sec. 9. All laws and clauses of laws in conflict with the provisions of this act be and the same are hereby re- pealed. Sec. 10. This act shall be in force from and after its ratification. In the General Assembly read three times, and ratified this 26th day of February, A. D. 1903. state be con- LOAN FUND FOR SCHOOL-HOUSES. An act to establish a State Literary Fund to be used as a loan fund for building- Public School-houses. TliG General Assembly of North Carolina do enact: Section 1. That all funds of the State heretofore de- f ®n^^s"o^ rived from the sources enumerated in section 4, article pund^ iterary 9 of the State Constitution, and all funds that may be hereafter so derived, together with any interest that may accrue thereon, shall be a fund separate and distinct from the other funds of the State, to be known as the State Literary Fund. Sec. 2. That the State Board of Education under such Loans from said land for building rules and regulations as it may deem advisable, not incon- school-houses. sistent wdth the provisions of this act, may make loans from such fund to the County Board of Education of 54 Loans, how paya- ble, and interest. How evidenced. Installments and interest, when due. Loans under this act lien on school fund. Power of State Treasurer upon failure to pay any installments. any county for the building and improving of public school-houses in such county. Sec. 3. That loans made under the provisions of this act shall be payable in ten installments and shall bear in- terest at four per cent., payable annually, and shall be evi- denced by the note of the County Board of Education, ex- ecuted by the chairman and secretary thereof and de- posited with the State Treasurer. The first installment of such loan, together with the interest on the whole amount then due, shall be paid by said County Board on the 10th day of February after the 10th day of August subsequent to the making of such loan, and the remaining install- ments, together with the interest, shall be paid, one each year, on the 10th day of February of each subsequent year till all shall have been paid. Sec. 4. That at the January meeting of the County Board of Education before any installment shall be due on the next 10th day of February, the said Cbunty Board shall set apart out of the school funds an amount suflBcient to pa}'' such installment and interest to be due and shall issue its order upon the Treasurer of the County School Fund therefor, who, prior to the 10th day of February, shall pay over to the State Treasurer the amount then due. And any amount loaned under the provisions of this act shall be a lien upon the total school funds of such county in whatsoever hands such fund may be, and upon failure to pay any installment or interest or part of either when due, the State Treasurer may deduct a sufficient amount for the payment of the same out of any fund due any county from any special State appropriation for public schools, or he may bring action against the County Board of Edu- cation of such county, any person or persons in whose pos- session may be any part of the school funds of the county, and the tax collector of such county. And, if the amount of school fund then on hand be insufficient to pay in full 55 the sum so due, then the said State Treasurer shall be entitled to an order directing the Tax Collector of such county to pay over to the State Treasury all moneys col- lected for school purposes until such debt and interest shall have been paid. Sec. 5. That the County Board of Education, from Boa^dof Educl'^ . . c ^ • ''^"^ '^ districts, any sum borrowed under the provisions ol this act, may out of money so •^ ^ 7 ^ borrowed. make loans to any district in such county for the purpose of building school-houses in such district, and the amount so loaned to any district shall be payable in ten annual in- nfems.'' '° '°***' ' stallments, with interest thereon at four per cent., payable annually. At the January meeting of said County coiiecung^ -r^ 1 • T n 1 1 I' 1 • 1 iDstallments. Board, it shall deduct irom the apportionment made to any district which has borrowed under the provisions of this act, the installment and interest then due, and shall continue to deduct such amount at each annual January meeting until the whole amount shall have been paid, to- gether with interest. Sec. 6. That the sun. of one thousand dollars annually acTdUionai derk"^ . r 1 • to Superintendent shall be set aside and is hereby appropriated out oi this Public instruction, fund for the employment of an additional clerk, to be ap- pointed by the State Superintendent of Public Instruc- tion, to aid in the proper execution of the provisions of this bill and in the proper eiiecution of the provisions of the bill making a special appropriation for a four months' school term in every public school. Sec. 7. The State Board of Education and its succes- Education incorporated. sors in office is hereby created a body politic and corporate and by that name may receive bequests and gifts of every c*""?"^*'® powers, description and have power to hold real and personal prop- erty and be vested with all other powers conferred upon corporations under the general law relating to corpora- tions. Sec. 8. ]S[o warrant for the Expenditure of any money for expenSures -, ,. imi- 11 1 *i- under this act, under this act shall be issued by the Auditor except upon how issued. 56 the order of the State Superintendent of Public Instruc- tion, with the approval of the State Board of Education. ?epel\ed!^ '^^^ Sec. 9. This act shall be in force from and after its . ratification, and all laws and clauses of laws in conflict with this act are hereby repealed. In the General Assembly, read three times and ratified this 9th day of March, A. D. 1903. Note. — The rules and regulations adopted by the State Board of Education for the direction of this fund will be printed soon and sent to school officers. An act to appropriate two hundred thousand dollars to the Public Schools of North Carolina. The General Assembly of North Carolina do enact: Sura of $100,000 Section 1. That the sum of one hundred thousand annually appropri- atedfoj public dollars ($100,000) be and the same is hereby appro- distributed, priated, annually, out of the State Treasury for the bene- fit of the public schools, to be distributed to the respective counties of the State, ^Je^ capita as to school population, on the first Monday in January of each year, using the school census of the previous scholastic year as a basis of apportionment. Pub?i'i"Suction ^^^- 2- That the Superintendent of Public Instruction on'the AuditoTfor shall jssuc Warrants upon the State Auditor for the the amount due , , , . ^ ■, . each county, to be amount duc cacfi couuty under section one oi this act, credited to general school said Warrants to be drawn in favor of the County Treas- urer of each county, to be credited to the general public school fund of the county. ?TOvide*d™r ^^^- ^' "^^^^ *^® ^^™ °^ °^® hundred thousand dol- tKmXifou; lars ($100,000), or so much, thereof as may be necessary, months school -, i,i -ii •,! n , r term. DC and the same is hereby appropriated, annually, out ol the State Treasury for the purpose of bringing up to the constitutional requirement for a four months' public school term in each school district in the State, those pub- 57 lie schools whose terms, after the distribution and appli- cation of all other school funds, do not comply with said requirement, to be distributed and applied in the manner hereinafter set forth. The further provision of this act, as hereinafter set out, shall apply only to the distribution of the $100,000 appropriated under this section, and, in the event that such sum shall be insufficient for the pur- pose specified, then the said sum shall be apportioned by the State Board of Education pro rata, or in such manner as they may deem fair and equitable among the counties applying for aid hereunder. Sec. 4. That, at the January meetina; of each year, the County Boards of ' J o J ' Education to County Board of Education of each county shall report {"l^deafof Puwie' to the State Superintendent of Public Instruction the i°^*™°"°°- school districts in such county which cannot have a four months' term, designating each by number and township, contents of report. with a statement of funds available for school purposes for each of such districts, funds obtained by special local taxes and balances brought over from preceding fiscal year, not to be included in such statement, the census and monthly running expenses thereof, the number of pupils enrolled, the average daily attendance, the salary paid to teachers in such districts, and other and further facts in regard thereto that may be required by the State Superin- tendent. The County Board of Education shall likewise report the school census of the entire county, the total school funds available, the total apportionment made at said January meeting and the total amount left unapportioned. Sec. 5. The State Superintendent shall forthwith lay ||f^*f foTaylact?" these facts before the State Board of Education, which Board, ^ete^ shall thereupon, after full investigation, fix and determine Apportionment. the amount which must necessarily be apportioned to each district to enable it to have a four months' term : Pro- Proviso. vided, that in fixing such amount no consideration shall be had of any funds available by reason of special local 58 statement of apportionment to be filed with Auditor. Duty of Auditor. Schools of less than sixty-five pupils. Duty of county oflScers before appropriation is made. taxes, and any rural district having funds raised by such local tax shall be entitled to the same appropriation under this act as if there had been no such funds. Sec. 6. That, when such apportionment shall have been so made, itemized statement thereof shall be filed with the State Auditor, who shall thereafter, upon the warrant of the State Superintendent of Public Instruction, issue his warrant upon the State Treasurer, payable to the County Treasurer of each of the respective counties in the sum shown by said itemized statement to have been ap- propriated to such county. The amount designated as having been apportioned to each district shall be usable by that district only, and only for the specific purpose of providing a four months' school term. Sec. Y. That no school with a school census of less than sixty-five shall receive any benefit under this act, unless the formation and continuance of such district shall have been for good and sufiicient reasons, to-wit, sparsely populated or peculiar geographical conditions, such as intervening streams, swamps or mountains, said reasons to be set forth in an affidavit by the chairman of the County Board of Education and the County Superintendent of Schools, and to be approved by the State Superintendent of Public In- struction. Sec. 8. No appropriation shall be made to any county unless the County Superintendent of Schools, the chair- man of the Board of County Commissioners and the Clerk of the Superior Court shall make affidavit to the effect that all fines, penalties, forfeitures and other money properly belonging to the school fund have been so applied and that the constitutional limit of taxation has been reached in said county, and any officer who shall fail to perform the duties herein required, or who shall knowingly make any misrepresentation of any facts in any report required by this act shall be guilty of a misdemeanor, and upon con- 59 viction thereof shall be removed from office and may be fined or imprisoned, in the discretion of the Court. Sec. 9. That in calculating the necessary monthly ex- te^achlrs*!! dis- penses of districts applying for aid under this act not more ioviid^^ ^"^^ than the average monthly salary paid white teachers in the State for the preceding year shall be allowed each white teacher, and not more than the average monthly salary paid colored teachers in this State for the preceding year shall be allowed each colored teacher, and no second grade teacher of either race shall be allowed more than the salary paid second grade teachers of that race in that county. And to any school having more than one teacher only the said average salary shall be allowed for every thirty-five pupils enrolled therein. Sec. 10. ISTo appropriation shall be made to any county fcli'^oorfuld"^ I'll IT j.'ii*j.ij21 allowed to be set wherein has been expended or set aside during the nscal aside for building year for the purpose of building school-houses a percentage of the total school fund of such county greater than the following: In counties with a total school fund of five thousand dollars, or less, not to exceed twenty per cent, thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not to exceed sixteen per cent, thereof ; in counties with a total school fund of over ten thousand and not more than twenty-five thousand dollars, not to exceed ten per cent, thereof ; in counties with a total school fund of over twenty- five thousand dollars not to exceed seven and one-half per cent, thereof : nor shall any appropriation be made under No appropriation ' ./ i i J. unless School this act to any county, if it appear that the requirements of ^?'t^°°'"'^'^^'^ the school law in regard to the apportionment of funds to the various districts have not been complied with in all re- spects. Sec. 11. That the State Superintendent of Public In- li^^t ^ayTo^or"' struction is authorized to go or to send his clerk to any county, e"! county where necessary for the execution of this act cre- ating a permanent loan fund for building public school- 60 Payment of expenses. Annual report of State Superin- tendent. Conflicting laws repealed. This act in force, wlien. houses, and the traveling expenses of the Superintendent or his clerk shall he paid upon itemized account therefor, approved by the State Board of Education. Sec. 12. That the State Superintendent of Public In- struction shall include in his annual report a full showing of everything done under the provisions of this act. Sec. 13. That chapter 63Y of the Public Laws of 1899 and all other laws and clauses of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 14. That this act shall be in full force from and after the thirtieth day of June, 1903. In the General Assembly read three times and ratified this 9th day of March, 1903. AMENDMENTS TO TEXT-BOOK LAW. An act to amend chapter 1 of the Public Laws of 1901, relating to the establishment of a Text-book Commission. The General Assembly do enact: Section 13, chapter Section 1. That scctiou 13 of chapter 1 of the Public 1, Public Laws 1901, ■■- amended. Laws of 1901 be and the same is hereby amended by striking out all after the word "State" in line two and all in line three thereof, down to the word "for," and insert- ing in lieu thereof the following: "ISTot less than one and as many more agencies as the Text-book Commission, upon recommendation of the County Board of Education, shall order, to be located at such points as said County Board may recommend." ameiXd^ ^""'^ ^^^- ^- ^^^^ scction 13 of said chapter 1 of the Public Laws of 1901 be and the same is hereby further amended by inserting after the word "advance" in line fourteen the Contractors to iseep following: "Evory contractor shall be required to keep on ample supply of o ./ i i ^'^'^^^- hand at all times at every established agency in every county an ample supply of books to meet all demands of 61 patrons and purchasers, and npon failure to do so or upon ^g^^lj*^' '^'*''''' '*^ failure to establish agencies when ordered to do this bj the Commission, as directed herein, said contractor shall be liable to a penalty of five hundred dollars for each and every failure to comply with the provisions of this section, to be sued for by the Attorney-General in the name of the State in the Superior Cburt of the county of Wake for the benefit of the school fund of the county injured by such failure, and if any contractor against whom judgment pen^tyYorfeH shall be obtained for said penalty shall fail to pay the ''°"*^''^°'^- same within thirty days of the docketing thereof, he shall forfeit his said contract and the Text-book Commission shall so declare, and shall thereupon proceed to make a new contract for books with some other contractor : Pro- , vided, however, that the County Superintendent shall no- Proviso. tify the contractors annually of the date of opening of the public schools at least thirty days before they open. Sec. 3. This act shall be in force from and after its ratification. In the General Assembly read three times and ratified this 9th day of March, 1903. SUGGESTED BLANK FOR TEACHER'S WEEKLY REPORT TO COUNTY SUPERINTENDENT. District No Race. Township. No. Children on Census Roll Attendance fob Week Ending 190 . Monday Tuesday Wednesday Thursday Friday Average for week Where are those not in attendance, and what personal effort have you made to get them to attend? Give date of closing as soon as known. , Teacher. FORM OF TEACHER'S CONTRACT. .County, North Carolina. Articles of an Agreement entered into and concluded between M , Public School-teacher, holding a grade certificate, and , the Public School Committee of District No , Race, Township, WITNESSETH : That said teacher, , agrees to teach a Public School in said District at a salary of $ per month, and that will faithfully discharge the duties assigned by the School Law. In consideration of which said Committee promises to pay the said out of the money in said District for school purposes, $ for each month the said shall teach, provided that this monthly salary does not exceed the maximum salary fixed by the County Board of Education for said school. / Sealed, signed and delivered in the presence of This day of , 190.. . , Teacher. . , Chairman. . , Secretary. The following entry should be made in the Record Book of School Committee: At a meeting of the Public School Committee of District No , Township, County of , on day of , 190. ., after due notice as required by section 20 of School Law, M was duly elected to teach the Public School in said District at a salary of $ per month, the school to commence on day of , and continue for term of months. INDEX TO SCHOOL LAW. A. SECTION. Action on Sheriffs' bonds, how brought 54 Amount of contracts for teachers' salaries restricted 34 Amount of fines, etc., shall be reported to State Superintendent 5 Annual settlement of school business, first Monday of July 59 Appeals — From decisions of County Boards to condemn land 31 From decisions of County Boards affecting one's character or right to teach 15 From School Committees 18 Affecting County Superintendent 10 Apportionment — Made on basis of population 1 Of school funds, when and how made 24 Semi-annual 25 Appropriations for Teachers' Institutes 26 Auditor — To send out revised forms of blanks for tax list 60 To keep separate accounts of school funds 1 B. Boundaries of school districts 29 C. County Boards of Education — How elected 12 When to enter upon duties 12 How to fill vacancies 12 Term of office 12 To estimate amount necessary to run school four months 6 Corporate body 13 Duties and powers 13 General duties 14 Shall control and direct the building of school-houses 13 To make needful rules for governing school 13 To obey instructions of State Superintendent and his construction of school law 8 To fix time for opening and closing public schools 13 Powers over teachers and applicants 15 64 SECTION. County Boards of Education — Chairman of, to report election of County Superintendent to State Superintendent 16 To appoint school committeemen 17 Compensation of 27 Time of " regular meetings 27 To examine books, vouchers and accounts of treasurers 27 Power to punish for contempt 28 Power to receive gifts, dispose of property, etc 30 May receive suitable sites by donation or purchase 31 Power to condemn sites and report to Clerk of Court. 31 To provide office for County Superintendent 36 Authority to remove County Superintendent 10, 41 To apportion school fund 24 To make appropriation for Teachers' Institutes 26 To divide townships into school districts 29 To form' school districts out of portions of contiguous townships and counties 29 To administer oaths 16 To take oath to perform duties 45 To fix maximum salary for each school 24 May reserve a fund for building and repairing school-houses 24 May reserve a fund to increase schools to four months 24 Shall have authority to close any school for lack of attendance 24 To elect County Superintendent 16 Committeemen — How appointed 17 How removed 42 Compensation to township committeemen 17 To furnish school census report 20 Compensation for making census 20 To organize and record proceedings, etc 18 To care for school property 19 To keep permanent record of expenditures, etc 21 to 35 Authority to purchase supplies and make repairs 21 Restrictions on giving orders 34 Power to employ and dismiss teachers 22 Power to give orders for teachers' salaries 23 Power to close schools, when 23 Power to require weekly or monthly reports from teacher 23 May contract with principal of private school 33 To give notice of election of teachers 20 Township committees may appoint one man to look after prop- erty, etc 17 County Superintendent ex officio secretary of the board 36 65 SECTION. County Superintendent — How and when elected 16 Qualifications and term of office 16 Furnish blanks for committeemen 20 Authority over teachers of private schools where public funds are used, 33 Authority to require reports from all schools receiving any of the public money 73 To administer oaths 16 To take oath to perform duties 45 To issue notices and orders of County Boards 36 To record school statistics 36 To look after forfeitures, fines and penalties 36 To examine teachers 37 To hold teachers' meeting in each township 38 To advise with teachers 39 To distribute school registers, blanks, etc 40 To make annual report to State Superintendent, when 41 To keep copy of report to State Superintendent 41 To furnish list of dumb and blind children 43 To sign vouchers, orders, etc 48 When to renew second grade certificates 37 Power to suspend teachers, how 39 Required to visit schools 39 Compensation 44 Residence 44 Unlawful to teach school 44 County Commissioners — • To approve treasurers' bonds 47 To order special tax election 72 To bring action against defaulting Sheriff 54 Clerks of Court — To furnish County Boards statement of fines, forfeitures, etc 62 To record and keep deeds 32 Certificates, grades, etc 37 D. Deeds. (See Clerk of Court). Districts, how formed, etc 29 Minimum number of children in 29 Distance between schools 29 E. Examinations, place for 37 F. Fiscal school year 67 Funds, how and where expended 6 Q6 SECTION. Funds — How apportioned to equalize school term 24 How and when returned for re-apportionment 23, 24 For school-houses 13, 24 Restrictions in use of 34 G. Grades. (See Certificates). When to renew second grade certificates 37 Restrictions as to third grade certificates 22 H. Houses, report of number and value 20 By whom built and repaired 13 Sites for school-houses 21 I. Institutes, by whom conducted 26 M. Misdemeanor to disturb school or injure school property 28 O. Oaths of members of County Boards, Committeemen and Superintendents. . . 45 Orders — For teachers' salaries 48 For buildings and repairs 48 On treasurer, when valid 23 P. Pay students 65 Proceeds from swamp lands, grants, etc 4 Proceeds from estrays, fines, penalties, forfeitures, liquor license, auction- eers, etc 5 R. Right of Superior Court to review actions of County Boards 15 Register of Deeds, duties 61 Right of children to attend school 68 S. State Board of Education, duties and powers 1, 2, 16, 44, 70 State Superintendent of Public Instruction, duties, etc 7, 8, 9, 10, 11, 26 Special school tax 71 School, public, defined 65 Funds paid into State Treasury, how held and paid out 3 Month defined 22 Year defined 67 LofC. 67 SECTION. School- Term to be continuous 22 District, how formed 29 Branches to be taught 37 Sheriffs — To serve subpoenas 15 To settle with County Treasurer 54 To transmit copy of receipts to State Auditor and to County Board of Education 55 To itemize receipts according to section 51 56 State Board of Examiners 70 Solicitors, duties as to penalties : 5 ■* T. Tax, on what levied and how collected 6 Teachers, how employed 20 How dismissed 22 How and when examined 37 To exhibit statement to committees 20 Required to attend institutes or summer schools 26 To pay fee for private examination 37 To keep daily record and file record 64 Duties in school 63 To make weekly or monthly reports 23 When examined 37 Authority to dismiss pupils 63 Report to County Superintendent at end of term 64 Town Commissioners authorized to order election for schools 71 Treasurer — To be notified of apportionment 24 To receive and disburse county school funds ^ 46 To execute bond, liable for funds illegally paid 48 To keep books showing amount apportioned each township and dis- trict ; to balance accounts annually 49 To produce books, vouchers and exhibit school money 50 To report to State Superintendent first Monday in August 51 To receive money only from Sheriff or collecting officer 52 To be guilty of misdemeanor for failure to perform any duty required in this act 53 To file report when term of office expires 57 To deposit books, blanks, etc., in office of County Board 58 To attend his office last Saturday of each month 58 Compensation 58 V. Vouchers, when valid 48 JUL 22 1904