H» BookJlA/51________ 9t THE SCHOOL LAW OF WEST VIRGINIA iJBitewMwwiaMtiMPgS'' Compiled and Usued by DEPARTMENT OF FREE SCHOOLS M. P. SHAWKEY, State Superintendent CHARLESTON 1915 THE SCHOOL LAW =OF^ WEST VIRGINIA ^ fu^ 1^ Being a complete revision pf Chapter forty -five of the Code as amended and re-enacted at the Sessions of the Legis- lature of 1908, 1909, 1911, 1913 and 1915, together with the provisions of the Constitution relating to education, blank forms, instructions, etc. ::::::: J PUBLISHED FOR THE USE OF SCHOOL OFFICERS. TEACHERS, AND THE PUBLIC GENERALLY. IN COMPLIANCE WITH SECTION 126 OF THIS CHAPTER. ::::::: s Compiled and issued by DEPARTMENT OF SCHOOLS M. P. SHAWKEY, STATE SUPERINTENDENT. CHARLESTON V ^ ■)- subscriptions, donations or otherwise, money and other property. Control and Management. Note. Sections 197, 198, 1981/2, 199, 200, 201, 202 and 203 relat- ing to the control and management of the University preparatory School located at Keyser were repealed in 1909 by an act .creating the State Board of Control and the State Board of Eegents. These boards have charge of all State institutions. For full text of the law see page 94. THE WEST VIEGINIA COLLEGIATE INSTITUTE. Act of Congress. Sec. 204. An act accepting the provisions of the act of congress, approved August thirtieth, eighteen hundred and ninety, entitled "An act to apply a portion of the proceeds of the public lands to the more School Law of West Virginia. 89 complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress, approved July second, eighteen hundred and sixty-two," and providing for the apportionment of said endowment according to the provisions of said act. Whereas, The congress of the United States of America, by an act approved August thirtieth, eighteen hundred and ninety, entitled, "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved July second, eighteen hundred and sixty- two," made an appropriation to each state and territory of fifteen thousand dollars for the year ending June thirtieth, eighteen hundred and ninety; and an annual increase of said appropriation thereafter for ten years by the additional sum of one thousand dollars over the preceding year, after which time the annual amount so appropriated will be twenty-live thousand dollars f©r the more complete endowment and maintenance of the colleges established under the act of congress last aforesaid, "to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural and economic science, with special reference to their application in the industries of life; and to the facilities for such instruction," and AVhereas, By proviso in said act no state can obtain the benefits thereof where facilities are not provided for the instruction of colored students in said branches of study, either in the same institution or in i^eparate institutions, and the legislatures of the several states are required to make an equitable division of said annual appropriation where such separate institutions are provided and report the same to the secretary of the interior, and Whereas, The constitution of the state of West Virginia forbids the ■education of white and colored youth in the same state schools ; and this state having heretofore made no provision for the separate educa- tion of colored youth in agricultural and mechanic arts; and the enumeration of the white and colored youth of this state of school age, being about two hundred and fifty thousand white and twelve thousand colored, it being the duty of this state to indicate a reasonable propor- tion of said appropriations to be set apart annually for the instruction of the colored youth of the state, the sum of three thousand dollars is liereby indicated as an equitable portion of said appropriations for five jcars from the date of the passage of this act, and after that time five thousand dollars as long as such appropriation continues; and 90 School Law of West ViKGiisriA. Whekeas^ By the terms of the said act of congress of the United State, approved August thirtieth, eighteen hundred and ninety, it is necessary, in order to enable this state to share in the appropriations so made and to be made under the provisions of said last recited act, for the legislature to accept of the provisions of said act for and on behalf of this state, and to make proper and suitable provisions for said act upon which this state will be entitled to her distributable share of said appropriations, and to designate the institutions of learn- ing to become the beneficiaries of said appropriations, and the officer of this state to whom the money shall be paid by the United States for the use of said beneficiaries. Therefore, Be it Enacted iy the Legislature of West Virginia: Acceptance of Grant. Sec. 205. The legislature of the state of West Virginia hereby accepts for said state, the terms and provisions of the said act of congress of the United States approved August thirtieth, eighteen hundred and ninety, for the objects and purposes mentioned and declared therein, and designates "The West Virginia university,'^ established in pursuance of the act of congress of the United States passed July two, eighteen hundred and sixty-two, and a sub- sequent act passed by said congress on April nineteen, eighteen hundred and sixty-four, at Morgantown, in the county of Monongalia in this state as a beneficiary of said appropriation for the instruction of white students, and an institution to be located and provided for the purpose as hereinafter required and directed, in the county of Kanawha, to be called "The West Virginia Colored Institute,'' for the beneficiary of said appropriation for the instruction of colored stu- dents, to be paid to each in the proportion mentioned in the preamble to tills act. And the said institution by the name of "The West Virginia Colored Institute," shall have and hold all the property^ funds, rights, powers and privileges hereinafter mentioned. Sec. 205-a. The institution for the instruction of colored students- located at Institute, in the cOunty of Kanawha, and designated by an act of the legislature of one thousand eight hundred and ninety-one,, regular session, chapter sixty-five, as "The West Virginia colored institute," shall hereafter be designated and known as "The West Virginia collegiate institute," and shall have and hold all the property,, funds, rights, powers and privileges granted to said institution in said chapter sixty-five of the acts of the legislature of one thousand School Law of West Virginia. 91 eight hundred and ninety-one, regular session, and such as have been or may be granted to it by the acts of the legislature of this state. Control and Management. Note — Sections 206 and 207 relating to the control and management of the "West Virginia Collegiate Institute located at Institute were repealed in 1909 by an act creating the State Board of Control and the State Board of Kegents. These boards have charge of all state insti- tutions. For full text of the law see page 94. College Courses and Extension Work Authorized. Sec. 207-a. The board of regents shall establish and maintain in the West A-^irginia Collegiate Institute, in addition to the departments already established, such college courses of study as may be expedient and possible, and shall prescribe the conditions for graduation therein and confer the proper degrees and. issue the proper diplomas to those who complete such courses. The West Virginia Collegiate Institute shall have power and au- thority to do extension work in agriculture, home economics and such other subjects as the board of regents may direct among the negro population of West Virginia. Control and Management. Note — Section 208 relating to the control and management of the West Virginia Collegiate Institute located at Institute Avas repealed in 1909 by an act creating the State Board of Control and the State Board of Eegents. These Boards have charge of all state institutions. For full text of the law see page 94. State Treasurer to Receive Grants. Sec. 209. The treasurer of this state is hereby designated as the officer to receive from the secretary of the treasury of the United States the said several smns of money so to be paid to this state afore- said, for the uses and purposes aforesaid. He shall keep an exact accomit of the moneys so received, and shall place to the credit of each of said beneficiaries thereof, its due proportion of the same. The sums so placed to the credit of the West Virginia University shall be paid out by him on the order of the board of regents thereof. '92 School Law of West Virginia. and the sums so placed to the credit of the West Virginia colored institute, shall be paid out by him on the order of the board of regents of said institute. And said treasurer shall include in his biennial report to the governor a statement of his receipts and disbursements Tinder the provisions of this act. Site and Buildings. Sec. 210. It shall be the duty of the board of the school fund to proceed with all reasonable dispatch to procure the necessary quantity of farming land not exceeding fifty acres in all in some suitable and proper locality in the county of Kanawha, with a title thereto clear and unquestionable, and to erect the necessary buildings and make the necessary improvements thereon, for the purposes of this act, and to comply in good faith with the terms and conditions, and to carry into effect the objects and purposes of the acts of congress in making said appropriations. BLUEFIELD COLOEED INSTITUTE. Location. Sec. 211. The Bluefield colored institute shall remain where now located, and shall be known as the "Bluefield Colored Institute," by which name it shall have and hold all the property, funds, invest- ments, rights, powers and privileges created by this act, by bequest, private subscription, donation or otherwise. Control and Management. Note. Sections 212, 213, 214, 215, 216, 217 and 218 relating to the control and management of the Bluefield Colored Institute located at Bluefield were repealed in 1909 by an act creating the State Board of Control and the State Board of Eegents. These boards have charge of all state institutions. For full text of the law see page 94. Certain Sections Omitted. Note — Sections 219 to 265, both inclusive, are a part of chapter 45 of the Code and relate to the control and management of The West Virginia School for the Deaf and the Blind; the West Virginia Indus- School Law of West Virginia. 93 trial School for Boys, and the West Virginia Industrial Home for Girls. These sections are omitted from this edition of the school law because the State Superintendent is not charged with the control and management of these institutions. The full text of the laws governing these schools may be secured from the State Board of Control, Char- leston. Conflicting Acts Repealed. Sec. 266. All acts and parts of acts inconsistent with the provi- sions of this chapter are hereby repealed. APPENDIX A STATE BOAED OF CONTEOL. Row Constituted. Sec. 1. The state board of control, created by chapter fifty-eight of the acts of the legislature of one thousand nine hundred and nine, shall continue, and shall be a corporation, and have and use a com- mon seal. It shall consist of three members, not more than two of whom at the time of appointment shall belong to the same political party, to be appointed by the governor by and with the advice of the state senate. The term of office shall be six years. The members now in office shall serve to the end of their respective terms, unless sooner removed as herein provided. The governor may remove any member for incompetency, neglect of duty, drunkenness, gross immor- ality, malfeasance in office, or for other good cause, and fill the va- canc}^ made by any such removal, or made by death, resignation or otherwise, by appointment for the unexpired term. The salary of each member shall be five thousand dollars per year, to be paid month- ly; and each shall be paid his actual traveling and other necessary expenses when absent from the state capital on official business. The board shall be provided with an office at the state capital, and with such furniture and clerical and other assistance as shall be necessary. The members shall give their entire time to the discharge of the duties of their office. The board shall choose one of their members president, and another treasurer. They may select a secretary and such other officers as they may deem best. The offices of treasurer and secretary may be held by the same ' member. Before entering upon the duties of his office, each member shall take and subscribe the oath of office prescribed by the constitution, the certificate whereof shall be filed with records of the board, and he shall give bond in the penalty of ten thousand dollars, conditioned for the faithful perform- ance of the duties of his office, and to account for and pay over ac- cording to law all moneys or other thing of value which shall come into his hands or under his control by virtue of his office; but the treasurer's bond shall be in the penalty of twenty-five thousand dol- School Law of West VipvGInia. 95 iars, wliich sliall cover his liability as a member, and as the treasurer, The board ma\- cause the surety iu any of such bonds to be a surety or bonding company authorized to do business in this state, and pay the costs thereof out of its current or contingent expense fund. All such bonds shall be appro\'ed as to form by the attorney general, and as to sufficiency l-)y the governor, and when so approved shall be filed and recorded in the office of the secretary of state. In the ab- sence of the president or of the treasurer from the state capital, or in the disability of either, the duties of his office may be performed liy another member of the board. All deeds, contracts, agreements a,nd other such writings may be executed by the state board of control by the signing of the name of the board thereto by the president, and impressing the seal of the board therein, attested by the signature of the secretary ; and when so executed any such deed, contract, agree- ment or other such writing shall be deemed the act and deed of said board, and shall be admitted to record in the office of the clerk of the county court, and in any other office or place where writings are ad- mitted to record. Expenses. Sec. 2. Before any expenses of any member of the board of con- trol or of the board of regents, or of any officer or agent thereof, or before any expenses incurred liy any person under the direction of either of said boards, or the expenses of any officer or employee of any institution under the charge of said boards, shall be paid, a full written statement of every item of such expenditure, shall be presented to the auditor, duly verified, which verification shall state that the ex- pense bill is just, accurate and true, and is claimed for cash ex- pended for the purposes named in the statement. Unless the state- ment is so \eriiied and duly audited, payment thereof shall not be made. CopJro! and Management of Certain Institutions. Sec. 3. The l^oard of control shall have full power to manage, direct, control, and govern the West Virginia asylum, the second hospital for the insane, the West Virginia hospital for the insane, the West Virginia penitentiary, the West Virginia reform school, the West A'irginia industrial home for girls, miners' hospital No. 1, miners' hospital ISTo. 2, miners' hospital ISTo. 3, and the schools for 96 School Law of West Virginia. the deaf and the blind and such other institutions, except educational. as may hereafter be created by law. Names of Certain Institutions Changed. Sec. 3-a. From and after the thirtieth day of June of the year one thousand nine hundred and fifteen, the name of the West Virginia asylum shall be changed to Huntington state hospital ; the name of the second hospital for the insane shall be changed to Spencer state hospital; the name of the West Virginia hospital for the insane shall be changed to Weston state hospital; the name of miners' hospital number one, shall be changed to Welch hospital number one ; the name of miners' hospital number two, shall be changed to McKendree hospital number two ; the name of miners' hospital number three shall be changed to Fairmont hospital number three. All statutory pro- visions applicable to the government and maintenance of said asylums and hospitals, and to each of them, under their old names, shall be continued in force and be applicable to the government and main- tenance of the same institutions under their new names. All acts and parts of acts inconsistent with this act are hereby repealed. To Have Financial Control of Educational IiistiUitious. Sec. 4. The board of control shall have charge and control of the financial and business affairs of the West Virginia university, of the preparatory branches of the university at Montgomery, and at Keyser, of the state normal school and its branches, of the West Virginia colored institute and of the Bluefield colored institute and have such other control and management of said institutions as are in this act provided. Title to Property. Sec. 5. The title to all property constituting or belonging to the several institutions named in sections three and four and now vested in the several boards of directors, or of regents thereof, shall be and hereby is vested in said board of control on and after July first, one thousand nine hundred and nine; and the several boards now charged with the control and management of said institutions shall thereafter have no furtber legal existence; and the board of control is. without School Law of West Virginia. 97 further process of law, authorized and directed then to assume control and management of tlie said institutions subject to the provisions of this act. Moncijs and Funds. Sec. 6. All moneys and funds belonging to the state which shall come into the hands or control of ttie liead officer, or other officer, of any of the institutions mentioned in sections three and four, or of any other institution, department, board, commission, or other agency of the state, or of any pcreon connected therewith, and under the con- trol and management of the state board of control in whole or in part, or the fiscal or financial affairs of which are subject to the control or management of said board, shall be paid to the treasurer of said board at least once in each month, on or before the tenth day of the month succeeding the month in which such moneys or funds were received, imdcr such rules and regulations as said board shall prescribe. The state board of control shall cause such money and funds to be paid into the state treasury to the credit of the proper fund of the institu- tion, department, board, commission, or other agency of the state, by depositing the same in a state depository and delivering to the auditor the certificate of deposit therefor. The auditor shall credit the same to the institution, department, board, commission or state agency as shown by the certificate of deposit; and the state board of control shall have authority to issue requisitions, from time to time, on sucli moneys and funds to be expended for the support or benefit of the institution, department, board, commission, or state agency for which the same was appropriated or provided, and all such moneys and funds are hereby appropriated for the purpose. Such moneys and funds are hereby named "state board of control funds." When- ever the appropriations by the legislature are insufficient to pay the expenses of conducting any of said institutions, the deficiency shall be certified by tlie state board of control to the board of public works. Such certificates shall state the name of the institution, the items and amount in detail needed, and the board of public works may direct payment of the same of any part thereof as provided in chapter six- teen of the acts of one thousand nine hundred and four. Clerical Assist ants — Reports of Institutions. Sec. ?. The board of control shall appoint a competent secretary ■98 School Law of West Vieginia. and such other clerical assistants as may l^c necessary to the proper conduct of its business. The salaries or compensation of the em- ployees of the board shall be fixed by it, but no salary or compensa- tion shall be increased to exceed the amount appropriated by the legislature to pay the same. The board shall cause to be kept at its office a proper and complete set of books and accounts with each in- stitution, which shall clearly show every expenditure authorized and made thereat. The said books shall exhibit an account of all appro- priations made by the legislature concerning any institution named in sections three and four, and of all other funds under the control of the board. It shall, in conjunction with and subject to the ap- proval of the chief inspector of public accounting, prescribe the form of vouchers, records and methods of keeping accounts at and by each of the institutions named in sections three and four. Such vouchers, records and methods of accounts of the institutions shall be as nearly uniform as possible. The board, or any member thereof, shall have the power to investigate the conditions of and to examine and check the records of any of said institutions at any time. The board shall also have the power to authorize any of its members or officers, its book keeper and accountant, or any other employee, to proceed to any of the said institutions, and to examine and check the records, take inventory of the property thereof, or any of its departments, or for any other purposes the board may deem necessary. Any person doing such work shall receive, in addition to regular compensation, pay for actual expenses incurred thereby, such expenses to be paid in the manner hereinbefore provided. Upon the comj)letion of any . such special work the board shall cause a full and complete written report of the same to be made to it as soon as practicable. Powers and Duties. Sec. 8. The state board of control or one or more of its members shall visit each of the institutions under its control and management in whole or in part as often as may be necessary, and may hold a regular meeting of the board at any such institution. During any such visitation the board or any member thereof shall thoroughly in- spect all the departments thereof and investigate the condition and management of the same; and for the purpose of aiding any such investigation the board or any member thereof shall have power to summon and compel the attendance of witnesses, to be examined under oath, which any member shall have the power to administer; and the School Law of West Virginia. 99 board or any member thereof shall have access to all books, papers and property necessary to any such investigation, and may order the production of any books, papers or property. Witnesses, other than employees of the state, shall be entitled to the same fees as in civil cases in the circuit court. In any investigation by the board, or by any member thereof, it or he may cause the testimony to be taken in shorthand and transcribed and filed in the office of the board as soon after the same is taken as practicable. Any person refusing or failing to obey the order of the board, or any member thereof, issued under the provisions of this section, or to give or produce any evi- dence required, shall be reported by the board or the member thereof conducting the investigation to the proper circuit court or the judge thereof, and such person so refusing or failing shall be dealt with by the court or judge as for contempt. Appointment of Heads of Certain Institutions. Sec. 9. The governor shall, by and with the advice and consent of the senate, appoint a superintendent for the West Virginia asylum, superintendent for the second hospital for the insane, a superinten- 'dent for the West Virginia hospital for the insane, a warden for the penitentiary, a superintendent for the West Virginia reform school, a superintendent for the West Virginia industrial home for girls, a superintendent for miners' hospital No. 1, a superintendent for miners' hospital No. 2, a superintendent for miners' hospital No. 3, and a superintendent for the schools for the deaf and the blind. The governor may remove any superintendent or Avarden for incompetency, neglect of duty, gross immorality, malfeasance in office, or for other good cause, and in case of vacancy, whether occurring by reason of removal or otherwise, may declare the office vacant and fill the same by ap-. pointment for the unexpired term. The superintendent of each in- stitution and the warden of the penitentiary shall have the power to appoint all assistants and employees required for the management of the institution in his charge, the number of said assistants and em- ployees, and their compensation, to be first fixed bv the state board of control. The superintendent of any institution and the Avarden of the penitentiary may, at his pleasure, discharge any person therein em- ployed. It shall be the duty of the board to investigate any complaint made against the chief executive officer of any institution, and also against any other officer or employee thereof, if the same has not been investigated. The board shall have the power to recommend to the 100 School Law of West Vieginia. governor the removal of any such chief executive officer, or other officer, setting forth in such recommendation the reasons for the same. The board shall fix the salaries or compensation of the officers and em- ployees of the institutions named in section three on or before the first day of July of each year, to be paid during the year to commence July first, and no change shall be made therein excepting at the time prescribed in this section. The salaries or compensation of all offi- cers and employees of the several institutions named in sections three, and four shall be paid monthly, to include the last day of each month. The chief ofiicer of each of the institutions named in section three shall be furnished quarters, household furniture, board, fuel and light for himself and his family ; quarters, household furniture, board, fuel and Kght shall be furnished to such other officers as is made necessary by the character of their service, and the board of control shall desig- nate those who shall receive the foregoing in addition to their salary. Bules and Regulations. Sec. 10. The board is authorized to make rules for the proper exe- cution of its duties and powers. It shall also have the power to adopt rules and regulations for the government of the institutions, named in sections three and four, and shall therein prescribe, consistent with the provisions of this act, the duties of the persons connected with the management of the said institutions. Shall Purchase Supplies. Sec. 11. The state board of control is hereby authorized and re- quired to purchase all supplies for the proper support and mainte- nance of the institutions named in sections three and four, and for any other institution, department, board, commission, or other state agency, under its control or management in whole or in part. Such supplies shall be purchased whenever' practicable by contract on com- petitive bids, and notice of the same shall be given, whenever the board thinks best, by publication in at least two newspapers of general cir- culation in the state for not less tlian two weeks prior to the award made ; and a written or printed notice shall be sent to every manufac- turer or dealer of or in the article or commodities for which prices are desired who has requested his name to be placed upon the mailing list. The contract shall be awarded to the lowest responsible bidder if the price be a fair and reasonable one and not greater than the market School Law of West Virginia. 101 price. The board is authorized to require such surety as it may deem proper to accompany the bids submitted, and shall also fix the amount of tlie bond or other security that shall be furnished by the person, firm or corporation to whom the contract for any supplies is awarded. The board shall have the power to reject any and all bids submitted if for any reason it is deemed to the best interests of the state to do so, and to re-solicit bids in accordance with the provisions of this sec- tion. The board may determine the kind and character of animals to be slaughtered for meats for use in the several institutions under its control and it shall make such rules and regulations as may be neces- sary for the inspection of meats, poultry, bread and other supplies intended for use in any of the said institutions. In accepting bids for supplies preference shall be given citizens of this state, other things being equal. Whenever the board fail to make contracts for supplies the same may be purchased by the chief oflBcer in charge of an in- stitution, under such rules and regulations as shall be prescribed by the board of control. It shall be the duty of the chief officer of each institution named herein to cause to be prepared estimates of supplies required for the proper conduct and maintenance of the institution under his charge, covering periods to be fixed by the board of control, and to forward the same to the board in accordance with its directions. No member or officer of the board of control, or of the state board of regents, and no person in their employ and no officer or employee of any state institution shall be directly or indirectly interested in the purchase of supplies, or in any supplies purchased, nor in any con- iract, agreement or undertaking entered into by and for any of said institutions; and if he be so interested he shall forfeit his office, such contract shall be void, and such person shall be liable to the state upon his official bond for all damages. No member of said board, no officer, agent or employee thereof, and no officer of any institution under their •charge, shall directly or indirectly for himself or for another, or for any such institution, receive or accept any gift or gratuity or thing •of value from any dealer in goods, merchandise or supplies which are or may be used in such institutions, or from any person, firm or cor- ;Poration who are or may be interested in any contract with such board for or on account of the state. Any violation of this section shall be a misdemeanor, and be punished by a fine of not less than twenty- five nor more than five hundred dollars. Buildings for Institutions. Sec. 12. The state board of control is vested with authority to 102 School Law of West Vieginia, employ competent architects for the preparation of plans and specifi- cations for all new buildings hereafter to be built by the state, or for- the repairing or remodeling of existing buildings, or the construction of additions thereto; to employ competent persons to superintend, the work of constructing new buildings or of such repairs, remodel- ing or additions, and to call for bids and award contracts for such work. The board shall have authority to erect any new buildings, or to make repairs or additions to, or changes in, any buildings al- ready constructed, without letting the same to contract, or by em- ploying thereon the labor of the inmates of any institution of the state, whenever in the judgment of the board the best interests of the state will be subserved thereby. The board may also provide with con- tractors for the erection of new buildings or for additions or repairs- to old ones, to use thereon the labor of such inmates. The board has- authority, whenever in its judgment a new building is needed by the- state, or whenever it is necessary to build an addition or make mate- rial repairs to a building alread}^ in existence, with the approval of the- governor, to employ a competent architect or architects to make plans and specifications therefor, and estimate of the cost thereof, for sub- mission to the next session of the legislature, to aid that body in making an appropriation for the purpose. The governor may pay the cost of such plans and specifications and estimates out of his civil contingent fund, or the board may cause the same to be paid out of the current expense fund or out of any appropriation made for build- ings and land or for repairs and improvements of the institution for- which the building or work is designed. So far as practicable, here- after all buildings erected for the use of the state shall be fire-proof.. Becords of Institutions. Sec. 13. The state board of control shall prescribe the records to- be kept for statistical and other purposes in the several institutions- named in sections three and four. It shall require a copy of such record to be transmitted to it for the preceding month, and the board shall keep in its office in a substantially bomid book a copy of everV report that they may require from the chief officers of any institution ; and shall have authority to assemble the chief officers of the institu- tions or any of them at its office, for the purpose of discussing any question Avhich may be common to their welfare. The actual expenses- made necessary in traveling to and from such meeting and while upon its attendance, shall be paid out of the contingent fund of the several School Law op West Virginia, 103 institutions. All bills on account of such expenses shall be made and paid as provided in section two of this act. Uvi>ort lo (luvernor. Sec. 14. On the first day of October, one thousand nine hundred and ten, or as soon thereafter as practicable, and biennially thereafter,, the board of control shall file with the governor a full report of all matters herein prescribed, showing the condition of all the institutions under its control, the cost of conducting the same during the period covered by the report, naming the buildings contracted to be erected, at what points, for what purposes, the contract price and the condi- tion of construction, and shall also include therein a statement of the work and expenses of the board. It shall also incorporate in its report suggestions respecting legislation for the benefit of the several insti- tutions under its care, and shall make estimates of appropriations, which in its opinion are necessary for the maintenance and other expenses of the institutions and for buildings, betterments and other improvements. The said report shall also contain such portions of the biennial reports made by the chief officers of the several institu- tions to the board as it may deem proper, also statement showing the dates of visitation made l\y the board or by any member thereof to the several institutions. In its report shall be included an itemized statement of the expenses of the board and such other matters as it may deem pertinent. There sliall also be published in the report full and complete lists of the officers and employees of the board and of the institutions named in sections three and four, showing the annual salary paid and perquisites allowed each officer or employee. The governor is hereby empowei-ed to call upon the said board for any special report or information relative to any matter coming within its authority. The governor may direct the said board to make any special investigation into and report upon any matter connected with any state institution. Cliffs and Devises. Sec. 15. The board of control is hereby empowered to accept any gift or devise of any property or tiding which lawfully may be given. If such gift or devise is to any particular institution named in sec- tions three and four, whatever profits shall arise from its use or in- vestment, shall be paid into the state treasury for the use and benefit 104 School Law of West ViEGiisriA. of the said institution and the board is hereby invested with the title to the property which is, or may be subject of such gift or devise. Insurance on Buildings. Sec. 16. The board of control shall have charge and control of the insurance of all buildings and property of the state and shall keep the same properly insured against loss by fire, by explosion of steam boilers and the like; but the insurance of the property of the state at the seat of government shall be first authorized by the board of public works. The board of control shall keep a record of all such insurance which shall show the name of each insurance company, the number, date and amount of insurance of each policy written by it, the rate of premium, the building or other property on which insurance is placed, the period for which written and the date of its expiration; and the amount of insurance upon each building and such other matters as the board may deem pertinent. STATE BOARD OF REGENTS. Hoiv Constituted — Salary — Secretary. Sec. 17. There is hereby created a state board of regents which shall be a corporation, and as such may contract and be contracted with, plead and be impleaded, sue and be sued, and have and use a common seal. It shall consist of five members including the state su- perintendent of free schools, who shall be citizens of the state, and who shall be chosen from the two largest political parties and not more than three members shall belong to the dominant political party. On or before the first day of July, -one thousand nine hundred and nine, the governor shall appoint, by and with the advice and consent of the senate, four of said regents, one for one year, and one for two years, one for three years and one for four years, . and thereafter one each year for the full term of four years. The board shall choose one of its members to be president thereof. The governor may remove any member of the board for incompetency, neglect of duty, gross immorality, malfeasance in office, or for other good cause, and in case of 'vacancy, whether occurring by reason of removal or otherwise, may declare the office vacant and fill the same by appointment for the unexpired term. The salary of each member of said board, ex- cept the state superintendent of schools, shall be one thousand dollars School Law of West Virginia. 105 a year and in addition thereto he sliall be paid his actual expenses while so employed, but the state superintendent shall be allowed only his necessary expenses while serving as a regent and shall receive no per diem. A verified itemized statement of their expenses shall be filed with the state auditor to be audited by him before payment there- for, as hereinbefore provided. The board may employ a secretary and fix his compensation. To have Control of Educational Institutions. Sec. 18. The state board of regents shall have control of the edu- cational departments of the several institutions named in section four, on and after July first, one thousand nine hundred and nine, and the several boards of regents now in charge of said institutions shall have no legal existence after that date. The state board of regents shall have authority to employ the head teacher or president of the uni- versity, the head teacher or superintendent of each of the other of said institutions, and the professors, other teachers and other em- ployees of such institutions. They shall fix the compensation of such president, superintendents, professors, teachers and employees, but such compensation and the number of employees, shall be subject to the confirmation of the board of control; or if the board of control shall before the beginning of any year fix the total amount that shall be paid for the year in compensation to such president, superinten- dents, professors and teachers and employees, then the board of re- gents shall fix their respective salaries or compensation, but the aggre- gate thereof shall not exceed the amount fixed by the board of control and in no case shall the amount fixed exceed the appropriation made for the purpose by the legislature. All rights and duties heretofore belonging to the boards of regents •of the institutions named in section four, which are not in conflict with the provisions of this act, are hereby given to the board of re- gents hereby created. To Prescribe Curriculum. Sec. 19. The state board of regents shall have authority in con- sultation with the head teacher, and professors and other teachers in each institution named in section four, to prescribe the curriculum or course of study to be pursued therein, and prescribe the text books to be used. The said board may make out and publish rules and 106 School Law of West Virginia. regulations to be observed by all of said institutions, and separate rules and regulations for any one of them. The board of regents- shall also from time to time establish such departments of education in literature, science, art, agriculture, military tactics, and other departments as they may deem expedient, and as the funds for such purposes may warrant, and as the law may permit; also fix the tuition, fees and charges for attending and receiving instructions in any of said departments. The state board of regents shall meet with the state board of control whenever the state board of control shall notify them of such meeting. Report to Governor. Sec. 20. On the first day of October, one thousand nine hundred and ten, or as soon thereafter as practicable, and annually thereafter, the state board of regents shall make to the governor a full report (a copy whereof shall be filed with the state board of control at the same time) which shall show their transactions for the period covered by the report, the date, place and duration of each of their meetings ; the amounts paid to each member of the board for compensation and expenses separatel}- ; the number of persons employed about each of their said institutions; the official designation of each of such per- sons, and the amount and rate of compensation paid to him ; and shall report the amount disbursed b}^ them of any funds under their con- trol, stating the purposes for which expended and the amount ex- pended for each purpose, and the number of days actually engaged by the persons employed about each of their said institutions, includ- ing teachers and professors. Said report shall also show the number of students actually attending each day at each of said institutions, and the number of students enrolled in each school or department of each of said institutions, and the total cost of each of said schools or departments. They shall furnish to the state superintendent of free schools all data which he may request. They shall make special reports to the governor as he may request; and may in their report make recommendations respecting legislation needed to promote the- welfare of their institutions. Report to Auditor. Sec. 21. The state board of control and the state board of regents- shall from time to time as may be necessary, make a report to the- School LaV of West Virginia. 107 auditor, which shall state the names of each person employed by each of them at any of the institutions named in sections three and four, his official designation and the rate of compensation per month (or by tlie day or week if employed for less than a month) and out of what funds or appropriation the same is payable. The chief officer or head teacher of any such institution, or other person who may have been appointed for the purpose by the state board of control, shall make out and certify to the auditor at the end of each month a list of persons to whom any payments may be due, stating for what pur- pose due, the amount due each person and the fund or appropriation from which payable; one copy whereof shall be filed in the office of the institution where made, and one in the office of the state board of control. If the auditor finds such list correct and in accordance with the reports made to him by the state board of control, or the state board of regents, he may pay to the persons entitled thereto the amounts so certified as due each. Governor May Eequire Additional Duties. Sec. 22. The governor may require the state board of control or the state board of regents to perform any duty or work pertaining to the management and control of any of the institutions named in sections three and four and consistent with the object of this act. Shall Assume Rights, Duties and Liabilities of Abolished Boards. Sec. 23. All legal rights which may now belong to or which would have accrued to any board of regents or of directors of the institutions named in sections three and four, shall belong and accrue to the state board of control on and after July first, one thousand nine hundred and nine; and nothing in this act contained shall be construed as af- fecting any such rights but the same shall be vested in, and may be exercised by said state board of control, on and after said date as fully as the same might have been exercised by any such board of regents or of directors, if tliis act had not become law. And all obli- gations and liabilities legally incurred by any of said board of regents or board of directors of anv such institutions shall be assumed by said board of control. Transfer of Inmates. Sec. 24. The state board of control shall have authority to transfer patients from one institution for the insane, or from any institution 108 School Law of West Vieginia, hereafter created for epileptics, feeble-minded, imbeciles, or idiots, to any other institution for the insane, epileptics, feeble-minded, im- beciles, or idiots ; to transfer inmates from the girls^ industrial home, or the boys' industrial school, or the schools for the deaf and the blind, to the homes for children or orphans; to transfer insane, epileptic, feeble-minded, imbecilic or idiotic inmates from any institution of the state to any other state institution conducted for their care or treatment; and generally to cause the transfer of any patient or in- mate from any state institution, except the penitentiary, to any other state institution which is better fitted for the care or treatment of such patient or inmate, or for other good cause or reason. Bond may be Required. Sec. 25. The state board of control shall have authority to cause the head officer or any other officer of any institution, department, board, commissioner, or other state agency, under its control or management in whole or in part, or any of its own employees, to give bond, condi- tioned for the faithful performance of the duties of his office, and to account for and pay over all money and other property of the state which shall come into his hands or control by virtue of his office in such penalty as the board may deem proper; and may provide that the surety in any such bond shall be a surety or bonding company authorized to do business in this state, and cause the premium for bonds so given to be paid out of the current or contingent expense fund of the institution or board or body with which the person so bound is connected. All such bonds shall be subject to the approval of the state board of control; and, when so approved, shall be filed with the treas- urer of the board and by him safely kept. All acts and parts of acts coming within the purview of this act, and inconsistent therewith, are hereby repealed. HOLIDAYS. Sec. 1. That the following days be regarded, treated and observed as legal holidays, viz. : The first day of January, commonly called New Year's Day ; the twenty-second day of February, commonly called George Washington's bithday; the fourth day of July, common- ly called Independence day; the thirtieth day of May, commonly call- ed Memorial day; the twenty-fifth day of December, commonly called Christmas day ; the first Monday in September, commonly called Labor School Law of West Vikginia. 101) day; the twelfth day of February, commonly called Lincoln^s birth- day ; the twelfth day of October, commonly called Columbus day ; pro- vided, however, that the common and graded schools of this state, the terms of which shall have begun and not having expired upon the two last named days shall remain in session and hold appropriate ceremonies in honor of Abraham Lincoln and Christopher Colimibus, respectively, unless the said days shall fall upon Saturday or Sun- day; any national or state election day, and all days that may be appointed or recommended by the governor of this state or the presi- dent of the United States as days of thanksgiving, or for the general cessation of business; and when either of said days or dates falls on Sunday, then it shall be lawful to observe the succeeding Monday as such holiday ; provided, that when the, return day of any summons or other court proceedings or any notice or time fixed for holding any court or doing any official act shall fall on either of said holidays, the ensuing secular day shall be taken as meant and intended. THE CHILD LABOR LAW. Employment of Children Under Fourteen Prohibited. Sec. 1. No child under the age of fourteen years shall be employed, permitted or suffered to work in, about or in connection with any factory, mill, workshop, or manufacturing establishment. It shall be unlawful for any person, firm, or corporation without written permis- sion from the state commissioner of labor or county superintendent of free schools to employ any child under fourteen years of age in any business or service whatever during the hours when the public schools of the district in which the said child resides are actually in session. Employment of Children Under Sixteen Prohibited, Unless Employ- ment Certificate is Secured. Sec. 2. No child under the age of sixteen shall be employed, per- mitted or suffered to work in, about or in connection with any of the establishments or occupations named in section one of this act, unless the person, firm or corporation employing such child procures and keeps on file, accessible to any truant officer, inspector of factories or authorized agent of the humane society, an employment certifi- cate as hereinafter prescribed. On termination of employment of a child whose employment certificate is on file, such certificate shall be forthwith returned by the employers to the person who issued the same. The employment certificate shall be issued only by the super- intendent of schools, or by persons authorized by him in writing, or 110 School Law of West Vieginia. where there is no superintendent of schools, then by a person author- ized by the local school board; provided, that no member of a school board or other person authorized, as aforesaid, shall have authority to issue such certificate to any child then in or about to enter such person's own employment or the employment of a firm or corporation of which he is a member, officer or employee. The person authorized to issue an employment certificate shall not issue such certificate until he has received, examined and approved and filed the following papers duly executed : 1. The school record of such child shall be properly filled out and signed. 2. A passport or duly attested transcript of the school census record, showing the date and place of birth of such child. 3. The affidavit of the parent or guardian or custodian of such child (which shall be required, however, only in case no one of the above mentioned proofs of age is obtainable), showing the date and place of birth of such child. Such affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath without demanding or receiving any fee therefor. No employment certificate shall be issued until the child in ques- tion has personally appeared before the officer issuing the certificate, nor until such officer has satisfied himself that the child can read and write legibly simple sentences in the English language, and that the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sufficiently sound health and physically able to perform the work it intends to do, which shall be stated. In all cases of doubt, such development, health and physical fitness shall be determined by a medical officer of the board or department of health, or by a physician appointed by the school board. Every such employment certificate shall state the race, residence, sex, and the date and place of birth of the child, and that the papers required by the preceding sections have been duly examined, approved and filed. Every such certificate shall be signed in the presence of the officer issuing the same, by the child in whose name it is issued, and it shall show the date of its issue; the school record required by the act shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished on demand to a child entitled thereto. It shall contain a statement certifying that the child is able to read and legibly write simple sentences in the English language, and has received instruc- School Law of West Vieginia. Ill tiou equivalent to that given in the first four grades of the common schools. Such school record shall also give the date of birth and residence of the child as shown on the records of the school. The employment ecrtilicate provided for must be fornnilated by the state superintendent of free schools and furnished in blank by the clerk of the local school board. Fine for Violation. Sec. 3. Whoever, whether he be the employer, parent, guardian or custodian of any child, employs, permits or suffers such child to be em- ployed or to work in violation of any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $50 for each and every offense. Duties of Prosecuting Attornei/s. Sec. -1. It shall be the duty of the prosecuting attorney to enforce the provisions of this act and to prosecute any person, firm or corpora- tion charged with violation of the same, before any magistrate or court of competent jurisdiction in this state; and it shall be the duty of the truant officers, inspectors of factories and authorized agents of the humane society to expose all violations of this act to the prosecut- ing attorney. All fines collected for violations of this act shall be paid into the building fund of the school district or independent dis- trict in which the offense is committed. EEGULATIONS EESPECTING MINES. Emploi/mcnt of Boys Under Fourteen and Females Prohibited. Sec. 26. No boy nnder fourteen years of age, nor female persons of any age shall be permitted to work in any coal mine, and in all cases of doulit. the parents or guardians of such boys shall furnish affidavits of their ages; any operator, agent or mine foreman who shall knowingly violate the provisions of this section or any person know- ingly make a false statement as to the age of any boy under fourteen years of age, applying for work in any coal mine shall, upon convic- tion, be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninetv davs. in the discretion of the court. 112 School Law of West Vieginia. SPECIAL DEBT LEVY. Provisions as to Certain Funds. Sec. 8. If any county or any magisterial district or any school district or any independent school district or any municipal corpora- tion have outstanding unpaid orders on the treasury thereof, or unsatisfied judgments, which orders were issued or which judgments were recovered previous to the first day of July in the year one thous- and nine hundred and fifteen, the amount whereof is so considerable that it is impracticable to discharge the same out of the proceeds of the regular levy, and the county court or board of education or common council, as the case may be, deem it inadvisable to submit to the voters of the county, district or mmiicipality the question of an additional levy as provided in section five, such court, board, or council may lay a levy in addition to said regular levy, to be called "special debt levy," not exceeding twenty cents on each one hundred dollars of the valua- tion of the taxable property of the county, district, or municipality, as the case may be, according to the last assessment of such property, and continue such levy for as many years as may be necessary to pay off such debt and the interest that may accrue thereon, but no longer. The net amount produced by any such levy, or by any additional levy authorized by section five, or by any special levy authorized by section six, shall not be used for any other purpose, as to such special debt levy than for the payment of such debt, or as to such additional or special levy than for the purpose or purposes named in the order sub- mitting the question to the voters. The treasurer of each of such funds shall keep an accurate account of the same separately from otlier funds. If, after paying off such debts or effecting the object of said additional levy or of said special levy, any balance remains of any of said funds, the same shall, first, revert to the sinking fund of the county, or of the magisterial district, or independent school district, or of the municipal corporation, as the case may be ; or, secondly, if there be no such sinking fund, it shall, in case the fund was raised by taxes levied throughout the county, revert to the fund for general purposes of the county; if the fund was raised by taxes levied on the property of a school district or independent school district, said balance shall revert to the teachers' fund of the district; if the fund was raised by taxes levied on the property of a municipal corporation, said balance shall revert to the fund for general purposes of the municipality; and in case of a magisterial district, said balance shall revert to the road fund titiereof : Provided, however, that before any such special debt levy School Law of West Virginia, 113- may be laid as provided for in tliis section, the same shall be submit- ted to and approved by the state tax commissioner. Before giving his approval, the state tax commissioner shall require a certified state- ment or list showing in detail the orders and judgments, including names of payees and amounts thereof intended to be paid by such levy. The approval of the state tax commissioner shall be in writing and filed with the clerk, secretary or recorder of the county court, board of education or municipality, as the case may be; and provided, jurtlter, that the right to lay snch levy shall expire with the fiscal year ending June thirtieth, one thousand nine hundred and eighteen; ami provided, further, that the owners or holders of such orders or judgments, which represent such indebtedness, shall file the same with. the clerk of the county court, secretary of board of education or record- er of the municipality, as the case may be, and it shall be the duty of every such clerk, secretary or recorder to list such evidences of in- debtedness in the order in which presented, giving the number, the date, the payee, the amount thereof and the date when presented to the sherifi^ for payment, and the present owner or holder ; and it shall be his further duty to make four copies of such list, one of which shall be retained in his office, one certified to the state tax commissioner, one to the sheriff or other treasurer of the fiscal body, one to the county court and one to the board of education or council before the first levy term of said bodies for the first fiscal year next following the making of said lists; and that such listed orders of indebtedness shall be paid in the order in which they are so filed, out of the said special debt lev}- as hereinbefore provided; and all persons or corporations owning or- holding such evidences of indebtedness as the owner, pledgee, assignee or collateral security, who shall fail to present the same for listing with said officers before the levy term in the year one thousand nine- hundred and seventeen, shall be forever barred from bringing any suit, action or ]>roceeding for tlie puq^ose of collecting the same. No sheriff or other treasurer of any fiscal body herein named shall apply any part of the special del)t levy hereby authorized except in payment of the list- ed orders or e\i(lences of debt hereinbefore ])i'ovided for, and in the' order as herein provided for. And no sheriff or other treasurer shall pay any order, draft or judgment, issued or recovered 1)ofore July first, one thousand nine hundrr'd piid fifteen, out of any funds in his hands except the special debt fund herein provided for. whenever the same is laid as herein provided for. Penalties for Violations. Sec. 9. It shall be unlawful for any county court, board of educa- 114 School Law of West Virginia. tion, or coimcil of a municipal corporation, or other body charged with the administration of the fiscal affairs of any county, school district or independent district, or municipality, to expend any money or to incur any obligation or indebtedness which such tribunal is not expressly authorized by law to expend or to incur. Nor shall any such tribunal make any contract, express or implied, the performance df which, in whole or in part, would involve the expenditure of money in excess of funds legally at the disposal of such tribunal, nor issue or authorize to be issued any certificate, order or other evidence of indebt- edness which cannot be paid out of the levy for the current year, or out of the fund against which it is issued. Nor shall any such tribunal attempt to lay any levy the rate v/hereof shall exceed the rate specified hj law. Any indebtedness created, contract made or order or draft issued in violation hereof, shall be void and of no effect, and any money ■received thereon may be recovered from the person receiving the same by the fiscal body who created, made or issued the indebtedness, con- tract, order or draft. Any member of any such tribunal, or any officer or person, who in violation of any of the provisions of this act shall expend any money, or incur any debt or obligation, or make or participate in the making of any such contract, or be a party thereto in any official capacity, or issue or cause to be issued any such certificate, order or other evidence of indebtedness, shall be personally liable therefor, both jointly and severally, and an action may be maintained therefor by the state, or by any county, municipal corporation, district or person prejudiced thereby, in any court of competent jurisdiction. x\ny such member^, officer or person who shall negligently or wilfully violate the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars, or be con- fined in jail not more than one year, or be both fined and imprisoned, and in addition thereto shall forfeit his office. Whenever any court of competent jurisdiction by mandamus, injunction, or trial of any action at law, or other judicial proceeding, shall ascertain or determine that any member or officer has negligently or wilfully violated any of the provisions of this section, it shall enter an order declaring the office of such member or officer forfeited. Any taxpayer of the county, district, board of education or munici- pality, as the case may be, or the state tax commissioner, for the use and benefit of the county, district, board of education or municipality, as the case may be, may, in his name institute and prosecute to final judgment (including the right of appeal to the supreme court of the state, in any court having jurisdiction, proper action, suit, or pro- School Law of West Virginia. 115 ceeding, against the individual members of a county court, board of education, municipal council, or other bodies in lieu thereof, to recover from them any moneys expended in violation of, or without authority of law. All moneys recovered in any such action, suit or proceeding shall be paid into the treasury of the proper fiscal body to the credit of the proper fund. The plaintiff, in case he prevails, shall recover his costs against the defendants, including a reasonable attorney's fee to be fixed by the trial court, and included in the taxation of costs. Any such taxpayer, or the state tax commissioner, shall have the right to institute and prosecute to final judgment, any proceeding for the removal of any member of any county court, board of education, municipal council, or other bodies in lieu thereof, for expending public moneys in violation of, or without authority of law. Upon the filing of a petition by such taxpayer, or the state tax commissioner, either in term or vacation, the court, or judge, shall set a time for hearing such petition. An attested copy of the petition, and specification of charges therein contained, shall be served for a period of at least twenty days upon the defendants named therein, and no other plead- ing or notice of such proceeding shall be necessary. PUBLIC LIBEARIES. Definitions. Sec. 1. The following words and phrases, wherever used in this act shall include and be taken to mean as follows : the word "munici- pality" shall include an incorporated city, a town, a county and a school district; "municipal authority" shall include the mayor and common council of a city, a town, or board of commissioners, or other corresponding authority thereof, county courts and boards of educa- tion of school districts and independent school districts; "public library" shall include public library and reading room; "chief executive authority" shall include mayor and city council or other corresponding authority in cities and towns ; and the county court and board of education in counties and school districts; "the directors of public library board" shall include the members of public library boards of cities, towns, counties and school districts established under this act. Levy — Upon Vote of People. Sec. 2. The municipal authority of any municipality shall have 116 School Law of West Virginia. , the power to establish, equip and maintain a public library^ or take over and maintain and support any public library already established therein, for the use and benefit of the inhabitants of such municipality,, and may levy an annual tax for the purpose of not more than one and one-half cents on the one hundred dollars, on all the taxable property in said municipality, such tax to be levied and collected in like manner as the general taxes of the municipality, which shall be kept separate in a fund to be known as the "library fund ;" provided, that when any municipality makes a levy for a municipality in which there is already a municipal library, and the said municipality does not join in the proposed library, the said municipality shall omit from the levy of the library tax all property within the limits of said municipality not joining in said proposed library; provided, further, that before estab- lishing any public library, or levying any tax therefor, the municipal authority shall submit the question to the voters of such municipality, and the majority of the voters voting thereon shall authorize the estab- lishment of such library, and the levy of such tax. The question shall be submitted at a general or special election, upon the order of said municipal authority or upon the petition, in case said municipal authority fail or refuse to do so, in writing, of twenty per centum of the qualified voters resident of the municipalit}^ and the election, when ordered, shall be conducted, held and returned in all respects as other elections; and the ballot used shall have written or printed thereon under the heading "j)ublic library question" the words in plain letters, "for public library," "against public library." And the munici- pal authority authority of said municipality shall give at least two weeks notice of said election by publishing notice thereof in one or more newspapers published in said municipality ; or, if none are there- in published, by like notice posted for a like period at each of the voting places in said municipality, and at five other public places for a like period, before said election, giving the date and object of the election. Appointment of Board. Sec. 3. Whenever such public library is established under this act, the chief executive authority of said municipality shall appoint a board of six directors, chosen from the citizens at large from said municipality, with reference to their fitness for such office. Such directors shall hold office for three years from the first day of July following their appointment, and until succeessors are appointed; but upon their first appointment they shall, at their first meeting, divide School Law of West Virginia, 117 tlieniselves into tliree clrts.ses, so that one-third of the number shall liold olfiee for a period of one year, one-third for two years, and one- third for three years. No person shall be ineligible to serve on said board by reason of sex. Vacancies in the board shall be reported to the municipal autliorities, and filled by appointment in like manner as original appointments for the unexpired term. The municipal authorities may remove any director for misconduct or neglect of duty. No compensation shall be paid or allowed any director. The chief school officer of each municipality establishing a public library shall be ex-officio a member of its library board in addition to the six directors provided for herein. Powers of Board of Directors. Sec. 4. The directors of each public library established under this act shall, immediately after their appointment, meet and organize b}' electing one of their number as president, and one as secretary. A majority of all the members of any board shall constitute a quorum for the transaction of business. They shall make and adopt such by- laws, rules and regulations for their own guidance and for the govern- ment of the library as may be expedient and not inconsistent with this act. They shall have exclusive control of the expenditures of all the money collected for the library fund and for the construction of any library building or repairs thereto, and the supervision, care and custody of the grounds, rooms or building constructed, leased or set apart for the purpose; provided, that all money received for public library purposes, and deposited in the treasury of such municipality to the credit of the library fund, shall be drawn by the proper munici- pal officers upon the proper authenticated vouchers of the library board. Public library boards may, with the approval of the municipal authority, lease and occupy or purchase or erect an appropriate build- ing for the use of said library. They shall have power to appoint a suitable librarian and assistants, and prescribe rules for their conduct, and fix their compensation; and shall have power to remove such appointee, and, in general, to carry out the spirit and inteiition of this act in establishing and maintaining free public libraries for their respective municipalities. Use of Lihrar;/. Sec. 5. Each library established under this act shall be free for the use of the inhabitants of the municiality where located, subject 118 School Law of West Vieginia. to such reasonable rules and regulations as the library board may adopt and publish, in order to render the use of said library of greatest benefit to the greatest number; and said board may exclude from the use of said library any and all persons whi shall wilfully violate such rules. The board may extend the privilege and use of said library to non-residents of the municipality upon such terms and conditions as said board may prescribe. Report of Library Board. Sec. 6. Each library board shall, on or before the first day of July in each year, make report to the municipal authority appointing it, stating the condition of the library property, the various sums of money received from the library fund, and all other sources, and how such money was expended, the number of books and periodicals on hand, the number added by purchase and gift, the number lost or mislaid, the number of books loaned out and the general character of such books, together with an itemized budget estimate of expense of the library for the ensuing year, with such other statistical informa- tion and suggestions as they may deem of general interest or that may be required by said municipality. Gifts, Devises or Bequests. Sec. 7. All persons desiring to make donations of cash or other personal property or real estate for the benefit of such library shall have the right to vest the title thereof in the library board created under this act, to be held in trust and controlled by such board accord- ing to the terms and for the purposes set out in the deed, gift, devise or bequest. Penalties for Injury to Property. Sec. 8. Any one who shall wilfully deface or injure any building or furniture, or deface, injure or destroy any picture, plate, engraving, map newspaper, magazine or book, or any object of art belonging to a public library, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than five dollars or more than fifty dollars, or by imprisonment not exceeding six months. The fine in each case shall be paid to the proper officer or custodian of the library fund to be used by such library as other money paid into its treasury. School Law of West Vikginia. 119 Penalties for Failure to Return Books. Sec. 9. Any person who shall wilfully detain any book, newspaper, magazine, pamphlet or manuscript belonginn to such library, or to any incorporated library, for thirty days after notice in writing from the librarian, after the expiration of the time such books, newspaper,, magazine, pamphlet or manuscript may be kept according to the rules and regulations of said library, shall be liable for damages, to be recovered by said library board, by appropriate proceeding before a. justice of the peace; the recovery in each case to be paid to the proper officer or custodian of its funds; provided, that the notice required hereby shall include a copy of this section. ABOLISHING THE COMMON DEINKING CUP. Provisions. Sec. 1. That the use of the common drinking cup, an undoubted source of communication of infectious diseases, is hereby prohibited in all public places, upon all railroad trains and boats, carrying pas- sengers, in all public buildings of every description, and at public drinking springs and fountains within this state. The state board of health shall have full authority to establish rules and regulations to make this prohibition effective, as in their judgment may seem wise and proper. Penalties. * Sec. 2. All person, firms or corporations failing to observe the provisions of this act, or the rules and regulations of the state board of health made in relation thereto, shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined not less than ten nor more than fifty dollars for each offense. PROHIBITING THE USE OF CIGARETTES IN SCHOOL HOUSES AND ON SCHOOL GROUNDS. Sec. 4. Every person who shall smoke or use a cigarette or cigar- ettes in any school building or any buildings or such parts thereof" as may be used for school purposes, or on any lands used for school purposes, shall be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not less than one nor more- than five dollars. 120 School Law of West Yieginia. STATE DEPAETMEXT OF HEALTH. The Legislature of 1915 passed an act creating a state department of health. The following excerpts from this act are given here because of the references to schools and school buildings. Commissioner of Health — Powers and Duties. Sec. 2. The commissioner of health shall be appointed by the governor, by and with the consent of the senate, and shall be a physician skilled in sanitary science, and experienced in public health administration. ******* jjjg (j^ties shall be fo =!=*** * inspect and report from time to time the sanitary condition of institutions, schools and school houses, public conveyances, dairies, creameries, slaughter houses, workshops, factories, labor camps, hotels, and places where offensive trades or industries are conducted ; inspect and report the sanitary condition of streams, sources of water supply, and sewer- age facilities; endeavor to enlist the co-operation of all physicians, and volunteer health organizations in the improvement of public health; promulgate information to the general public in all matters pertaining to public health. * * * * * * * * * * * * Inspectors and Examiners — Powers and Duties. Sec. 4. Inspectors, examiners or othet persons appointed by the commissioner of health may be appointed at such time or times as by him deemed necessary; and they shall act as representatives of the commissioner of health, and under his direction, shall secure the enforcement of the provisions of the public health laws and regula- tions, and shall have the right of entry into any workshop, public school, factory, dairy, creamery, slaughter house, hotel, or other place of business or employment, or any common carrier or public utility when in the discharge of official duties. Any person interfering with or attempting to interfere with any inspector, examiner or any other duly authorized employee of the commissioner in the discharge of his duties under this section shall be guilty of a misdemeanor and upon conviction fined not exceeding one hundred dollars. Public Health Council. i*5ec. 7. Whenever the character and location of plumbing, drain- School Law of West Vieginia. 121 age, water supply, sewers and disposal of sewage, garbage, or other waste materials of cities, towns and villages, offensive trades, hotels and labor camps; and the ventilation, warming, natural lighting and excreta disposal in public utilities, in public halls, churches, school houses, workshops, prisons and all other public institutions, are such as to endanger the public health, the public health council shall have power to make and enforce rules regulating the same. ******** Control of Tuberculosis Sanitarium. Sec. 11. The state department of health shall have the advisory medical supervision of the state tuberculosis sanitarium, and the state board of control shall have the control of the business and fiscal affairs thereof. The director of the division of preventable diseases under the supervision of the commissioner of health, shall encourage measures for the suppression of tuberculosis, such as clinics, camps, open-air schools, sanitaria, district nursing, anti-tuberculosis societies, diffusion of knowledge, and other means. APPENDIX B SCHOOL CALENDAR JULY. 1. School year begins. (On or before) Sheriff settles with County Financial Secretary. (Before) Sheriff reports delinquent property. ,1st Monday. — Board of Education meets to determine number of teachers to be employed in their district and to fix salaries, etc. 4. Independence day. Legal Holiday. 3rd Monday. — (or as soon thereafter as practicable) Trustees meet to employ teachers. 20. (On or before) Auditor notifies State Superintendent of the amount of the General School Fund. AUGUST. 1. (On or before) County Superintendent makes report to State Superintendent. 2nd Tuesday. — Board of Education meets to ascertain the condition of the fiscal affairs of the district and to make up an itemized statement thereof. 2nd Tuesday. — (On or before) Assessor certifies value of property to Secretary of Board and County Superintendent. 4th Tuesday. — Board meets to consider objections to estimate and proposed levy and to lay levy. 4th Tuesday. — (Within Three Days after) Secretary reports rate of levy. SEPTEMBER. 1. (Before) Auditor reports condition of School Fund to the Governor and the State Superintendent. 1st Monday — Labor Day, Legal holiday. 15. First installment of General School Fund paid to Sheriff. OCTOBER. 1. (On or before) High School Aid Fund apportioned. 12. Columbus Day — Legal holiday, but schools must assemble and hold appropriate exercises. NOVEMBER. Last Thursday. — Thanksgiving Day — Legal Holiday. 124 School Law of West Vieginia. DECEMBER. 15. Second installment of General School Fund paid to Sheriff. 25. Christmas — Legal Holiday. JANUARY. 1. New Yearns Day — Legal Holiday. (On or before) State Superintendent makes report to Governor. FEBRUARY. 12. Lincoln's Birthday — Legal Holiday, but schools must assemble and hold appropriate exercises. 22. Washington's Birthday — Legal Holiday. APRIL. 1. (On or before) Teachers take enumeration. 15. (On or before) Secretary transmits summary of enumeration to County Superintendent. MAY. 1. (On or before) County Superintendent forwards to State Super- intendent report of enumeration. 30. Memorial Day — Legal Holiday. JUNE. 1. (On or before) State Superintendent appoints member of State Board of Education. 30. School year ends. I FOEMS AND INSTEUCTIONS. OEDEE OF PROCEEDINGS AT THE FIEST^ SECOND AND THIED ANNUAL MEETINGS OF THE BOAED. • FIEST MEETING FIEST MONDAY IN JULY. 1. Appoint a secretar}^ 2. Appoint trustees for each sub-district. 3. Determine the number of months the schools shall be taught in the district during the school year. 4. Determine the number of teachers that may be employed. 5. Fix the salaries of teachers according to the grade of certificate. 6. Estimate the number of teachers of each grade that will be employed. 7. Ascertain the whole number of months to be taught in the district by teachers of each grade. 8. May establish graded and high schools, change boundaries of sub-districts and provide for the erection of new buildings. 9. Appoint truant officer. School Law of West Virginia. 12'j second meeting second tuesday in august. At this meeting the Board shall ascertain the condition of the fiscal affairs of the district and make up an itemized statement thereof setting forth : 1. The separate amounts due the building fund and the teachers* fund from all sources or to become due these funds within the current iiseal year. 2. All debts and demands upon both funds owed by the district or to become due and payable within the current year. 3. All other expenditures to be made and payable out of each fund within the current fiscal year. 4. The separate amounts necessary to be raised for each fund and the proposed rates of levy, 5. The aggregate value of all taxable property in the district, stating separately the assessed value of real estate, personal property and property assessed by the Board of Public Works. A copy of the above statement shall be prepared and certified for publication as required by Section 21. The Board shall then stand adjourned until the fourth Tuesday in August. THIRD MEETING FOURTH TUESDAY IN AUGUST. The Board shall at this meeting transact the following business : 1. Hear and consider any objections made as provided for in Section 21, to their estimate and proposed levy. 2. Enter an order of record showing the objections made and the reasons for the same. 3. Eeconsider the original estimate and proposed rate of levy and correct the same if the objections appear to be well taken. 4. Enter of record the corrections made. 5. Lay the levy. The following calculations will be convenient for reference in mak- ing levies for school purposes: Number of teachers to be employed in the district 20 Number of months to be taught during the year 6 Amount of money to pay all teachers (estimated) $ 5,160 This estimate is made as follows: 10 No. 1 grade teachers at $50 per mo 500 6 No. 2 grade teachers at $40 per mo 240 126 School Law of West Virginia. 4 No. 3 grade teachers at $30 per mo 120 Monthly pay _ $ 860 Number of months 6 Total for term $ 5,160 Deduct amount on hand including amount of general school fund (Est.) 1,880 Amount to be raised for teachers^ fund $ 3,280 To ascertain the number of cents to be levied on every one hundred dollars' valuation of property in the district to raise $3,300 by taxa- tion, suppose the whole valuation in the district to be $1,200,000. EuLE — Drop the cents, if any, and add four ciphers to the amount in dollars to be raised by the levy, and divide by the amount in dollars taxable property. Example: 1,200,000)3,300,000(271/2 cents 2,400,000 9,000,000 8,400,000 600,000 =V2 1,200,000 Similar calculations should be made in relation to the Building Fund. POEM NO. I. foem of oeders to be entered op eecoed by the board of education. Office of the Board of Education District, in the County of West Virginia. At a meeting of the Board of Education held on the day of J 19 • •? there were present, president, and and , members of the board. On motion of , it is ordered that be, and he is hereby appointed Secretary of this Board. School Law of West Virginia. 127 On motion it is ordered that the following named persons be ap- pointed trustees in the following named sub-districts, for a term of three years, and until their successors are appointed and qualified: Trustee for Sub-District No. 1. Trustee for Sub-District No. 2. On motion of , it is ordered that the salaries of teachers per month for the school year, shall be as follows, according to the grade of their certificates : For grade No. 1, $ ; for grade No. 2, $ ; for grade No. 3, $ It is found by the board that in addition to the available funds now on hand, $ will be necessary for the payment of teachers' salaries for the current year, and on motion of , it is ordered that a tax of cents on the one hundred dollars' valuation of the real estate and personal property of the district be levied for that purpose. (A similar order should be entered in relation to the levy for Building Fund.) On motion of , it is ordered that the president and secre- tary of this board be authorized to sign, in vacation, all proper orders for the payment of money out of the teachers' fund or the building fund, for the salaries of teachers employed and claims allowed by the board, and that they report the orders drawn on each fund, at the next meeting of this board. The secretary of this board made a report this day for the several orders drawn by him and the president, on the teachers' fund and the building fund, respectively, since the last meeting of the board, as follows : An order on the teachers' fund, in favor of , a teacher, for $ ; an order in favor of , a teacher, for $ ; also an order on the building fund, in favor of , for work done on school house, for $ ; and an order, in favor of for furnishing wood for school house for $ On motiofi of , it is ordered that when in the opinion of 128 School Law of West Virginia. the president or of the two commissioners it is deemed necessary, the president or secretary may call a special meeting of this board. On motion the board does now adjourn. Secretary. President. FORM NO. II. ORDER OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF TRUSTEES. [To be entered in records of the board.] There being a vacancy in the board of trustees in sub-district No. , in the district of , on motion of , it is ordered that be, and he is hereby appointed to fill said vacancy for the unexpired term, and till his successor shall be ap- pointed and qualified. Note — This order of appointment should be entered in the record book of the board of education at a regular meeting and a copy of it signed by the secretary of the board served upon the appointee. FORM NO. III. appointment of a member of the board of education to fill a vacancy. Office of County Superintendent, OF THE County of , West Virginia, , 19 . . . It having been made known to me that there is a vacancy in the board of education in district in my said county, I , county superintendent of said county, in pursuance of the authority vested in me by law, hereby appoint to fill the vacancy in said board until the next general election. , County Superintendent. FORM NO. IV. call for special meeting. Office of ) District, ) County, W. Va. ) , 19.. It appearing to that a special meeting of the board of education of said district is necessary to transact business relating School Law of West Virginia, 139 to and other matters, a meeting is hereby called at at o'clock M, 19 . . You are requested to be present. To, 21 22 Secretary. FORMS SUPPLIED BY STATE SUPERINTENDENT. Title of Form Teacher's Daily Register (Sec. 98) Teacher's Permanent Register (Sec, 9S) Teacher's Monthly Report to Board of Education (Sec. 99) Teacher's Monthly Report to Superintendent (Sec. 163) Permanent Grade Book (Sec. 12 6) Teacher's Report of Enumeration (Sec. 102) Secretary's Report of Enumeration (Sec. 104) County Superintendent's Report of Enumeration (Sec. 104) County Superintendent's Annual Report (Sec. 12 3) Trustee's Annual Report (Sec. 63) Secretary's Annual Report (Sec. 51) County Superintendent's Certificate to Auditor of Apportion- ment of General School Fund Requisition on Auditor for General School Fund (Sec. 43) Requisition on Auditor for Corporation Tax Requisition on Auditor for High School Aid (Sec. 30 e) Teacher's Contract with School Trustees (Sec. 56) Teacher's Contract with Board of Education (Sec. 28) County Superintendent's Certificate to Secretary of amount of General School Fund (Sec. 42) County Superintendent's Certificate to Secretary of Amount of Corporation Tax County Superintendent's Certificate to State Superintendent of Valuations and Rates of Levies (Sec. 49) County Superintendent's Certificate to Auditor of Valuation and Rates of Levies (Sec. 49) Secretary's Certificate to County Superintendent of Valuation and Rates of Levies (Sec. 49) 130 School Law of West Virginia. Form I No. I Title of Form 2 3 { County Superintendent's Order for Salary (Sec. 118) 24 25 2 6-A 2 6-B Secretary's Certificate to Auditor, Assessor, County Clerk and County Superintendent of Rates of Levies (Sec. 49) County Clerk's Notice of Delinquent List (Sec. 44) Compulsory Attendance Law, Form A (Sec. 73) Compulsory Attendance Law, Form B (Sec. 77) 2 6-C| Compulsory Attendance Law, Form C (Sec. 76) 27-A 27-B 2 7-C 2 8-A 2 8-B 2 8-C 29 30 Child Labor Law, Form A (App. A) Child Labor Law, Form B (App. A) Child Labor Law, Form C (App. A) Medical Inspection Law, Form A Medical Inspection Law, Form B Medical Inspection Law, Form C Pupil's Monthly Report Card (Sec. 12 6) Transfer of Pupils (Sec. 66) INDEX Page. Skc. Abstract of proceedings of board to be posted, where, when 33 46 Accounts and settlements to be made with reference to school year 9 1 Accounts, sheriff to keep with boards 67 138 Account of special debt levy to be kept separate 21 24 Account of institute expenses to be read 59 109 Action against school officers, when 22 25 Action of trustees may be revised 39 65 Action against sheriff 70 147 Acts prohibited 22 25 Additional levy : for districts with towns and cities having more than six months' term 18 21c in teacliers fund to pay minimum salaries for minimum term 19 21c in districts maintaining high schools 19 21c for current expenses 19 22 when and how made 19 22 to pay interest on bonded indebtedness and provide sinking fund 20 22 vote upon 20 22 ballot for 20 22 Additional salary : may be paid by board of any district 23 28 Additional term : how provided for 23 27 ballot for 2ii 27 Advice and consent of county superintendent to purchase apparatus 14 13 Affidavit verifying report of enumeration 57 102 Age, legal of school attendance 40 69 of children admitted to kindergarten schools 29 34 of compulsory school attendance 41 72 minimum, of teachers , 47 SO minimum, of applicants for certificates 49 85 Agents of the board of the school fund 73 155 Agent, no school teacher or officer to act as 79 156 Aggregate of taxable property to be set forth 17 21c Agriculture, elementary 46 78 Agricultural experiment station (see W. Va. University) Alcoholic drinks and narcotics ; nature of to be taught 46 78 Allowance to be made for delinquent taxes 17 21c Amendment, constitutional, concerning the school fund 7 Apparatus : to be purchased by board 14 13 to be kept in repair 14 13 to be purchased only by advice and consent of county superin- tendent 14 13 for joint schools 16 18 definition of 81 161 value and kind of must be reported by trustees 38 63 Appeal to county superintendent, when 14 12 to circuit court, when 14 12 Applicants for certificates : minimum age of 49 85 132 Index. Applicants for Certificates — Continued. Page. Sec. to receive statement of grades, when 49 86 to receive but two third grade certificates . . . . , 50 87 not to receive more than one certificate of same grade in one year 49 86 fee to be paid by 48 84 to be examined in what 49 87 (S'ee also certificates.) Appointment : of secretary 33 45 of trustees , . . 35 53' of teachers 36 56 of certain persons as teachers prohibited 37 58 of truant officers 41 73 of state board of education , 65 130 of district superintendent 81 163 of state board of control Appendix A 94 1 of members state book commission 73 155-a-I of physicians as medical inspectors 43 77-biI of state board of regents Appendix A 104 17 Apportionment of general school fund 31-32 40-42 Approval of location and plans by county superintendent 15 14 Approval of trustees in transferring pupils 39 66 Appropriation : for examination of teachers 47 82 for high school aid 26 80- (d) for salary of state superintendent 63 124 Assessor : to make certificates of valuations to secretary and county superintendent, when 34 48 certificates of to serve as basis for school levy 34 48 rate of levy to be reported to by secretary 34 49 penalty upon, for what 34 50 Assistant examiners : number of, how determined 47 83 compensation of 48 • S3' Assistants in examination of manuscripts 49 86 Attendance at county institute required 58 106 Attendance at district institute, credit for 59 111 Attendance at school, to whom permitted 40 69 Attendance, compulsory (See Compulsory Attendance.) Attorney General : to institute proceedings, when (See School Fund.) to prepare forms and instructions for certain elections 22 26 Auditor : part of examination fees to be sent to 48 84 part of institute fees to be sent to 59 109 to report condition of school fund, when, to whom 72 151 to deduct what from general school fund 31 40 to ascertain amount of general school fund to be distributed and report to state superintendent 32 41 report of valuation and levy to be made to by county super- intendent 34 49 August : second Tuesday in, second meeting of board 16 21 fourth Tuesday in, third meeting of board 17 21c Authority of Teachers 55 97 Balance in sheriff's hands turned over to successor 70 149 Balance from supplementary fund, if any, to revert to general school fund 18 21c Balance from special debt levy to revert to what 21 i.4 Index. 133 Ballot : Page. Sec. for vote on levy Ifi 20 for vote on additional levy to pay interest on bonds, etc. . . . I'i 22 for vote on extension of term 23 27 for vote on district high school 25 30 (a) Blanks to be prepared by state superintendent 64 126 Blanks and forms 124 Blind, West Virginia school for 92 Bluefleld Colored Institute 92 Board of Education, the State (See State Board of Education.) Board of Education : how constituted 9 3 election of 9 3 term of 9 3 tie in vote for 10 4 vacancy in 10 5 oath of members of . 10 6 a corporation 10 7 powers of as a corporation 11 7 liability as a corporation 11 7 process and notice may be served on 11 8 to receive, hold and dispose of what 11 8 to be deemed owner of what 11 8 title to property vested in 11 8 to obtain general warranty deed 11 8 to retain school property, when 12 10 to sell school property, when 12 10 to have control of schools 13 11 to determine number and location of schools 13 11 to establish graded schools when necessary 13 11 to establish high schools 13 11 to change boundaries of sub-districts 13 11 may increase or decrease number of sub-districts 13 11 to enter on minute book, boundaries of districts and sub- districts 14 11 shall close schools, when 13 11 to provide sites and buildings 14 13 to locate buildings with reference to convenience of pupils. . . 14 13 to improve school grounds 14 13 to provide furniture, etc 14 13 to keep furniture, etc., in repair 14 13 to obtain advice and consent of county superintendent before purchasing what 14 13 to have regard to what in construction of buildings 14 14 may condemn land 15 15 to cause schools to be taught 15 16 to employ teachers, when 15 16 may discontinue school, when 15 17 may provide building jointly 15 18 ■ to hold title to joint building 16 18 to require bond of contractors 16 19 to hold meeting on second Tuesday in August 16 21 to ascertain condition of fiscal affairs in district and make up itemized statement 16 21 statement of to set forth what (a, b, c.) "17 21 to convene fourth Tuesday in .August 17 21c to hear and consider objections to estimate and proposed levy 17 21c to enter order of record showing objections 17 21c to reconsider and correct estimate and levies, when 17 21c to lay levy after making corrections 17 21c may levy for support of high school 19 21c may enter an order relating to additional levy 19 22 134 Index. Board of Education. — Continued. Page. Sec. to submit to vote question of additional levy 19 22 may lay additional levy for current expenses, when 20 22 may lay additional levy for interest on bonds, when 20 22 may continue to lay interest levy without additional vote, how long . .^ 20 22 shall publish notice of election for additional levy 20 23 may submit to voters question of special debt levy 21 24 may continue special debt levy 21 24 shall not expend money or incur indebtedness except as authorized by law 22 25 may extend term 23 27 shall submit question of longer term to vote, when 23 27 shall notify ballot commissioners of election for longer term 23 27 shall provide for extension of term, when 23 27 shall fix salaries of teachers at first meeting 23 28 shall fix number of teachers at first meeting 23 28 shall have regard for grade of certificate in fixing salaries . . 23 28 may lay additional levy when necessary 24 28 shall extend term in graded schools, when 24 29 may pay more than minimum salaries to teachers 23 28 may pay additional salary to teachers in graded and high schools 23 28 must submit to vote question of district high school 25 30 to publish notice concerning district high school election.... 25 30 shall pay tuition of high school pupils, when 27 80-a may hold meetings when 28 32 may transact what business at a special meeting 28 32 may do official business when only 28 32 quorum of 28 32 compensation of 29 33 to attend county teacher's institutes 29 33 to prescribe qualifications of kindergarten teachers 29 34 may provide free text-books 29 35 may purchase books for school libraries under certain re- strictions 30 37 may borrow money and issue bonds, when, for what purpose. . 30 39 must submit question of bond issue to vote 30 39 shall appoint secretary, when 33 45 shall appoint trustees, when 35 53 to furnish trustees with record books 35 53% may remove teachers for what 37 58 may declare teachers' contract void, when 37 58 may remove trustees 36 54 trustees to make report to concerning what 38 63 shall pay expenses of trustees, when, from what fund 38 64 to have supervision of trustees 39 65 may revise action of trustees, when 39 65 shall pay for tuition of transferred pupils 39 67 may abolish sub-districts and consolidate schools, when 39 68 to establish schools for colored youth 40 70 may be compelled by mandamus to divide funds 40 71 shall appoint truant officers \ 41 73 to pay truant officers, when 42 77 to pay for taking enumeration, when 57 103 presidents to elect county superintendent in case of vacancy. . 61 116 account to be kept with by sheriff 67 138 not to be interested in contracts 80 158 penalty upon for failure to perform duty 80 159 may purchase flags and have them displayed 81 162 may provide for district supervision ; shall when 81 163 Index. 135 Board of Education. — Continued. Page. Sec. may tal^e entire cliarge of scliools so supervised 82 164 may establisli public library, when 115 1-9 Board of examiners, State (See State Board of Education.) Board of public works, shall transfer funds from state fund to general school fund, when 31 40 Board of Control (See State Board of Control) Board of Regents- (See State Board of Regents.) Board of the School Fund (See School Fund.) Bond: of county superintendent 60 115 additional, of sheriff 67 137 may be required of agents of board of school fund 73 155 required of contractor 16 19 Bonded indebtedness, constitutional provision 5 8 additional levy to pay interest and redeem bonds 19 22 Bonds : outstanding, levy for to be continued 20 22 may be issued in any district or independent district 30 39 payable when 30 39 interest on must bo provided for 30 39 limitation concerning 30 39 question of must be submitted to vote and must receive three- fifths of all votes cast 30 39 Books, School Text (see text-books.) Books, Free Text (see free text-books.) Books for School Libraries : may be purcuased by board 30 37 maximum amount to oe expended for 30 37 must be selected from list prescribed by state superintendent 30 37 state superintendent to prescribe list of 65 129 Boundaries of Sub-Districts : may be changed 13 11 to be recorded in minute book 13 11 Branches in which teachers examined 49 S7 Building and repairing school houses ; bond for 16 19 Buildings (See Scliool Houses.) Building Fires (see fires.) Building Fund : compensation for sweeping house, etc., paid out of 38 6i expenses of trustees paid out of 38 64 fines paid into 41 72 expense of conveyance of pupils payable out of 40 68 compensation for institute attendance paid out of 58 106 fines for violation of compulsory attendance law credited to.. 42 76 compensation of truant officers paid out of 43 77 compensation for taking enumeration paid out of 57 103 amount in, due to, to bo raised for, to be set forth in state- ment 16 21a demands upon to be set forth in statement 17 21b expenditures from to be set forth in statement 17 21c levy for 17 21c maximum rate of levy for 18 21c Business may bo transa'cted by board, when 28 32 Cadet Corps (Sec West Virginia University.) Calendar, the school 123 Capitation Tax : constitutional provision concerning 4 proceeds of to go to general school fund 31 40 Certificate, Assessors : to county superintendent 34 48 136 Index. Certificate, Assessors. — Continued. Page. Sec. to serve as basis for levy 34 48 to secretary 34 48 Certificates of proficiency in reading circle course 59 112 Certificates ; Teachers : grade of to determine salaries 23 28 required of kindergarten teachers 29 34 to be endorsed by secretary 36 57 to be presented to board of education •. . . . 36 57 to be filed with secretary 36 57 grades of 49 87 valid in what schools ; include what subjects 49 87 all matters relating to under control of state superintendent 47 81 high school 51 90 special 53 92 short course 51 88 normal school 51 89 supervisors' 52 91 state life 54 93 emergency 54 94 to be signed by state superintendent 49 86 to be countersigned by county superintendent 49 86 fees 48 84 how revoked 55 96 duration of 49 87 renewal of elementary (See also Renewal) 50 87 third grade issued but twice to same applicant 50 87 only one of same grade to applicant in one year 49 86 applicants to receive statement of grades when 49 86 state superintendent and county superintendent to keep register of 49 86 immorality or neglect of duty on part of persons holding, to be reported 55 96 may be issued to persons coming from other states, when .... 51 81-92 (See also Examination of Teachers.) Change in boundaries of sub-districts 13 11 Charges against sheriff's account 67 139 Child Labor Law : children under fourteen years of age not to be employed, etc Appendix A. 109 1 commissioners of labor " " 109 1 children under sixteen years of age to be em- ployed, etc " " 109 2 employment certificates " " 110 2 fines for violations " " 111 3 prosecutions for violations " " 111 4 Cigarettes, use of on school grounds prohibited 119 4 Classes of youth enumerated 57 102 Classification of high schools 25 30 Clerk of county court : to certify name and address of county superintendent 61 115 to call meeting of presidents to appoint county superinten- dent ; when, where 61 116 vouchers and statements of sheriff to be returned to. ...'.... . 68 141 to keep record of settlement with sheriff 69 142 penalty upon ; for what 34 50 levies to be reported to ; constitutional provision 7 Collection of money due school fund 73 154, 155 Collegiate Institute, the West Virginia. . . .' 88 graduates of to receive certificates, when 51 89 Colored Institute, the Bluefleld 92 Index. 137 Colored Schools (See Schools for Colored Youth.) Page. Sec. Colored Teachers : normal training for 87 188 (See also Schools for colored Youth.) Colored Youth : not to be taught with white ; constitutional provision 8 not to be taught in same school or building with white pupils 40 70 board to establish schools for 40 70 funds to be divided in proportion to number of 40 71 (See also Schools for Colored Youth.) Commission, state school book 73 155 a I Commissioners School (See Board of Education.) Commissions, sheriff's 69 144 Commissions, of agents for school fund 73 155 Committee on course of study 65 131 Common Drinking Cup, abolishment of 119 1 Compensation : of president and members of board 29 33 of school librarian 30 38 of secretary for report 35 52 of assistant examiners 47 83 for taking enumeration ; when paid 57 103 for attendance at county institute 58 106 of institute instructors 59 108 of county superinlendent for conducting examinations 61 118 of state board of education 66 133 of agents for school fund 73 155 for building fires ; to be paid from what fund 38 61 of truant officers ; how and when paid 42 77 of state school book commission 73 155 a I Complaint against parent or guardian (Compulsory Attendance.) may be made by any resident or teacher 41 73 truant officers shall make, when 41 73 Complaint concerning action of trustees 39 65 Compulsory Attendance : to whom applicable 41 72 who responsible for violation of 41 72 penalty for violation of 41 72 fines for violation of to be credited to what 41 & 42 72 & 76 an offense ; what constitutes 41 72 exemption from 41 72 truant officers to enforce 41 73 (See also Truant Officers.) Condemnation of land for school purposes 15 15 Condition of school houses to be reported by trustees 38 63 Consent of county superintendent necessary to purchase what. ... 14 13 Consolidation of schools 39 68 Constitutional provisions concerning the school system 3 Contagious diseases (see also Medical Inspection) 55 97 Contingent expenses of state superintendent' office 31 40 Continuation of special debt levy 21 24 Contract, Teachers' : must be filed with secretary 36 57 may be declared void, when 37 58 understanding in concerning holidays 37 59 Contracts for the conveyance of pupils 40 68 Contracts for books (see Text-Books.) Contracts, school officers not to be interested in 80 158 Control of schools 13 11 Control of uniform examinations 47 81 Conveyance of pupils 40 68 138 Index. Conveyance of Pupils. — Continued. Page. Sec. expenses of 40 68 contract foi 40 68 Corporation : the boai'd of education to be a 10 7 powers of as such 10 7 liability of as such 10 7 Correction of sheriff's settlement (See Sheriff.) Correction of levy may be made, how ; when 17 21c Cost of joint schools (See Joint Schools.) County court, sheriff to make settlement with 68 142 County Financial Secretary (See Financial Secretary) County Institutes (See Institutes, County.) County officers, subject to indictment; constitutional provision... 4 County Superintendent : constitutional provision for 6 to give deciding- vote, when 10 4 to fill vacancy in board 10 5 to hear appeals in what case 14 12 to serve notice on secretary of meeting to hear appeal 14 12 may reverse or correct action of board, when 14 12 to approve locations and plans of buildings, when 15 14 to apportion general school fund to district 32 42 to notify board of amount due from general school fund 32 42 to issue requisition for general school fund, when 32 43 rate of levy to be reported to by secretary 34 49 to report rate of levy to clerk of county court and assessor. . . 34 49 to report rate of levy and valuations to state superintendent and auditor 34 49 penalty upon for what 34 50 secretaries to make report to 34 51 to designate place of holding examination 47 81 to open examination questions, how 48 85 to seal all packages of manuscripts and forward to state super- intendent 48 85 to furnish information to state superintendent 48 85 to debar certain persons from examination 49 85 to keep register of certificates 49 86 guilty of misdemeanor ; when ; penalty for 54 95 shall vacate office, when 54 95 to report immorality or neglect of duty on part of persons holding certificates , 55 96 to conduct examinations 47 83 to appoint assistant examiners ; how many ; compensation of . . 47 83 to collect examination fees 48 84 to pay assistant examiners and other expenses of examinations 48 ' 84 to make itemized report of examination collections and dis- bursements ; to whom 48 84 shall take receipts for all money expended in examinations. . . 48 84 shall countersign certificates 49 86 to transmit to state superintendent summary of enumeration 58 104 may excuse teachers from attending institute, when only.... 58 106 to prevent teachers from teaching, when 58 106 to arrange for county institutes 58 107 to remit part of institute fees to auditor 59 109 shall make report to state superintendent of institute enroll- ment and fees expended 59 110 to arrange for and conduct district institutes 59 111 election of 60 113 term of office of 60 113 to notify state superintendent of his election 60 113 Index. 139 County S'uperintendcnt. — Continued. Page. Sec. tie in vote for ; presidents of boards to appoint 60 114 oath of ; when taken 60 115 to execute bond 60 115 name and address of to be certified by clerk to state super- intendent 01 115 vacancy in ofBce of ; how filled 61 116 qualifications of 61 117 salary of ; how determined 61 118 compensation for conducting examinations 61 118 may engage in teaching ; when only 62 118 to report number of schools visited 62 119 deductions from salary of 02 119 payment of salary of 62 120 report of ; delay in making 62 120 to visit schools ; when ; for what purpose 62 121 to examine school buildings and equipment 63 122 to report incompetency, neglect of duty, etc 63 122 to receive and revise reports of secretaries 63 123 to make annual report to state superintendent 63 123 not to be interested in contracts ; penalty 80 158 ex-oflicio county financial secretary : 70 149-a County supervision, constitutional provision 6 Course of study, committee on 65 131 Course of study, manual of 40 79 Course of study for reading circles 59 112 Court of competent jurisdiction may declare office vacant, when. . . 22 25 Credit for attendance at district institute 59 111 Credits to sberilfs account 6T 139 Current expenses, additional levy for 19 22 Daily registers 56 98 Deaf and Blind, West Virginia Schools for 92 Debt ; constitutional provision for 5 Debt levy, special (See Special Debt Levy.) Decrease or increase In number of sub-districts 13 11 Deed, general warranty for school sites 11 8 Deed, agents may execute, when (see school fund) 73 155 Deductions from salary of county superintendent 62 119 Deductions from general school fund 31 40 Definition of terms used in this chapter SO 161 Delay in making county superintendent's report; penalty 62 120 Delinquent lists shall be returned 32 44 Delinquent taxes and contingencies to be allowed for in statement 17 21o Destruction of free text-books, pupils responsible for 30 36 Diplomas : kindergarten teachers' 29 34 to be issued by state superintendent 46 79 Disagreement of board as to location and plans 14 14 Discontinuance of school, when 15 17 Discontinuance of district high school 28 31 Diseases, contagious or infectious (See also Medical Inspection) . . 5.5, 97 Distribution of general school fund 31 40 District : definition of 80 161 constitutional provision 4&7 to be sub-divided 9 2 independent, constitutional provision 8 every magisterial district a school district 9 2 present districts and sub-districts to remain until changed by law 9 2 140 Index. District High School : Page. Sec. may be established by vote of people 25 30 notice of election for to be posted 25 30 shall be discontinued, when 28 31 District Institutes (See Institutes, District.) District Supervision : board may establish ; shall establish, when 81 163 board to establish rules and regulations for 81 163 superintendent, appointment of 81 163 salary of superintendent 82 163 to make reports 82 163 board may take charge of schools so supervised 82 164 Division : of districts 9 2 of expenses in case of transferred pupils 39 67 of funds with colored schools 40 71 Drinking cup, common, abolishment of 119 1 Drunkenness : persons addicted to debarred from examination 49 85 revocation of certificates because of 55 96 Duration of certificates 49' 87 Duties : of state tax commissioner and attorney general 22 26 of state superintendent 64 126 of county superintendents (See County Superintendent.) of district superintendents ' 81 163 of board of education (See Board of Education.) • of secretary of board 33 45 of board of the school fund 72 152 of the state board of education 65 130-134 of truant officers 41 73 of teachers (See Teachers.) of sheriff (See Sheriff.) of clerk of county court (See Clerk of County Court.) teachers exempt from 56 97 % of assessor 34 48 & 49 Election : special 80 160 for extension of term ; notice of to be published 23 27 for levies, how held 20 23 on question of district high school 25 30 on question of bond issue 30 39 Election of board of education 9 3 Election of county superintendent 60 113 Election laws, general, to apply in special elections 20 22 & 23 Elementary certificates (See Certificates.) Elementary agriculture 46 78 Emergency certificate 54 94 Employer guilty of misdemeanor, when 42 74 Employment of children (See Child Labor Law.) Employment of children in mines App. A. Ill 26 Endorsement of teachers certificate by secretary, required 36 57 Endorsement of orders by sheriff 69 145 Enforcement of compulsory attendance 41 73 Enumeration : distribution of school fund according to 31 40 of pupils transferred 39 66 to be taken and reported by teacher 56 101 register to be returned or salary withheld 56, 57 100, 102 to include what 57 101 to be taken in what classes 57 102 Index. • 141 Enumeration. — Continued. Page. Sec. report to be delivered to secretary, when 57 102 report to be verified by affidavit 57 102 secretary to have talcen, wlien 57 lO.'i compensation for taking ; when, from what fund 57 103 record of to be kept by secretary 57 104 record to be sent to county superintendent 57 104 summary of to be sent to state superintendent 57 104 Enrollment fee ; county institute 59 109 Equipment of schools to be examined 63 122 Estimates of improvements and repairs, to be made to board by trustees 38 63 Estimate of amount to be raised by additional levy 19 22 Estimate of amounts needed and necessary levies 17 21o objections to must be heard 17 21c Examination and graduation of pupils 40 79 Examination of buildings by county superintendent 63 122 by trustees 37 60 Examination in reading circle course 59 112 Examination of Teachers : in kindergarten schools 29 34 time and place of 47 81 all matters relating to under control of state superintendent. . 47 81 county superintendent to designate place of 47 81 expenses of ; from what fund paid ; limit of 47 82 to include what subjects 49 87 applicants to receive highest grades 49 87 who to be debarred from 49 85 manner of conducting 49 85 grades of certiflcates issued from 49 87 fraud in connection with ; penalty for 54 95 assistants for ; number of ; compensation of 47 83 persons to oversee may be ajipointed by state superintendent. . 47 83 fees for ; how disposed of 48 84 for special certificates 53 92 for high school certiflcates 51 90 for supervisors' certificates 52 91 compensation of county superintendent for conducting 01 118 Examination fees 48 84 Examination questions, state board of education may assist in preparing 60 131 Exceeding maximum rate of levy ; penalty for 22 25 Exclusion of pupils ; when ; by whom 55 97 Excuse from institute attendance 58 106 Exemption : of school propert.v from execution, etc 11 9 from application of compulsor.v attendance law 41 72 of teachers from certain duties 56 97^4 Expenditures : current ; additional levy for 19 22 unlawful by board, penalty for 22 25 Expense : divided in case of transferred pupils 39 67 of conveyance of pupils 40 68 Expenses : of state superintendent's office ; how provided for 31 40 traveling, of state superintendent 31, 64 40, 124 of trustees 38 64 of examination of teachers 47 82 of conducting uniform examinations 48 84 of institutes 59 108 142 " Index. Expenses." — Continued. Page. Sec. of state board of education 66 138 of members state board of control Appendix A. 94 1 of members state board of regents " " 104 17 Experiment Station, the West Virginia (See West Virginia University.) Expulsion of pupils ; when ; by whom 55 97 Extension : of school term 23 27 of term in graded schools 24 29 Failure : of trustees to employ teachers 15 16 of sheriff to pay orders 69 145 of sheriff to make settlement 70 146 of financial secretary to settle TO 148 Fees : institute enrollment 59 109 tuition (See Tuition Fees.) uniform examination ; how disposed of, etc 48 84 Piling certificate with secretary 36 57 Financial Secretary County : county superintendent ex-oflacio county financial secretary .... 70 149-a duties of 71 149-B office, supplies and compensation 71 149-c sheriff to report condition of funds to 71 149-d failure to settle with sheriff, penalty 70 148 secretary of board to deliver orders to 33 45 settlement with sheriff 67-69 139-143 E^ine : against county financial secretary 70 148 against school officers for excessive expenditures, etc 22 25 for violation of compulsory attendance law; paid to sheriff.. 41,42 72,76 against employers for what 42 74 against county superintendent ; for what 54 95 against persons tampering with questions, etc 55 95 against sheriff ; how recovered 70 147 against school officers and teachers, acting as agents, etc 79, 80 157, 158 for certain offenses, against officers and teachers 80 159 for failure to perform certain duties 34 50 for violation of child labor law Appendix A 111 3 Fires, Building of in Schools : under direction of trustees 38 61 compensation for 38 61 to be paid for from building fund 38 61 Fiscal affairs, statement of 16 21 Flags displayed 81 162 Floating indebtedness ; how provided for 21 24 Forfeitures of sheriff (See STieriff.) Forfeitures and fines to go to what fund 31 40' Forfeiture of office 22 25 Forms and blanks ; state superintendent to prescribe 64 126 Forms and Instructions 124 Forms of Instructions : to be prepared by tax commissioner. 22 26 to be prepared by attorney general 22 26 to be prepared by state superintendent 64 126 (See also Appendix B.) Fraud in Examinations : on part of county superintendent ; penalty for 54 95 on part of other persons ; penalty for ^. . . 55 95 Free instruction, to whom granted 40 69 Free Schools; (See Schools.) Index, 143 Free Text-Books : Page. Sec. board may purchase 29 35 shall eutei- of record order to purchase 29 35 secretary to have charge of 29 35 teachers to distribute and have control of 29 36 secretary to take receipt for from teachers 30 36 teachers to collect and deliver to secretary 30 36 pupils to be held responsible for injury or destruction of 30 36 to be purchased directly from publishers, contract with 30 36 Fund, the Building (See Building Fund.) Fund, the General ISchool (See General School Fund.) Fund, (See School Fund.) Fund, the Teachers' (See Teachers' Fund.) Fund, Supplementary (See Supplementary Fund.) Fund, Sub^District (See Sub-District Teachers' Fund.) Funds, to be divided with colored schools 40 71 Furniture : to be provided 14 13 to be kept in repair 14 13 for joint schools (See Joint Schools.) General School Fund : sum due from to be deducted ; when 17 21c to be made up from what 31 40 shall be apportioned and distributed according to what 31 40 to be used for what 31 40 auditor to deduct what 31 40 not to be less than seven hundred and fifty thousand dollars 31 40 transfer to from state state fund may be made ; when and by whom 31 40 may be made one million dollars ; when 31 40 auditor to ascertain amount of to be distributed and report same to state superintendent 32 41 state superintendent to ascertain proper share of due to each county 32 41 can not be drawn by board until when 32 42 requisition for to be made, when 32 43 payable to counties in two installments 32 43 expenses of uniform examinations paid from 47 82 General supervision of schools; constitutional provision 5 Gifts to institutions accepted by board of control. .. .Appendix A 103 15 Girl's Industrial Home 92 Governor : state superintendent to make report to 64 127 to lay before legislature auditor's report of condition of school fund 72 151 to appoint various boards (See under each State institution.) Grades of uniform certificates 49 87 Graded Schools : may be established by board 13 11 definition of 80 161 extension of term in ; manner of 24 29 cost of extension of term in not to exceed what 24 29 proceeds of levy for to be known as "sub-district teachers fund" 24 29 Grading of manuscripts 49 86 Grades of certificates 49 87 Graduates of Certain Schools : to receive certificates of first grade on graduation, without examination 51-53 88-92 Graduation of pupils 46 79 Grammar school, definition of 80 161 Grounds to be improved 14 13 144 li^DEX. Page. Sec. Harboring children unlawfully 42 74 Health, Commissioner of to inspect school houses , 120 2 to enforce public health laws and regulations 120 4 High School : definition of . ■. 80 161 how established .' 25 30 a levy for 19 21c levy for not to exceed what 19 21c classification of 26 30-6 state aid for og 30^ district (See District High School.) joint district 27 30% subjects taught in 46 73 course of study for 65 131 High School Teachers' Certificate : granted when and under what regulations 51 90 examination for 51 90 renewal of 52 90 grade of determined 52 90 Holidays : list of Appendix A lOS 1 schools not to be kept open on 37 59 counted as day's taught, when 37 59 definition of 80 161 Home for Girls, West Virginia Industrial 92 Houses, school (See School Houses.) Houses and Sites : to be examined by president of board 12 10 to be retained, when 12 10 to be sold, when 12 10 Immoral Character : persons debarred from examination because of 49 85 certificates may be revoked because of 55 96 Immorality or neglect of duty; county superintendent to report.. 55 96 Imprisonment; employer may be punished by, for what 42 74 Improvement of school grounds 14 13 Improvements ; legislature to encourage ; constitutional provision 8 Improvements and repairs, estimate of to be furnished by trustees 38 63 Incompetence on part of teachers to be reported 63 122 Increase or decrease in number of sub-districts 13 11 Indebtedness, Bonded : constitutional provision for 5 additional levy to pay interest on 19 22 Indebtedness, of former years ; how provided for Appendix A 112 8 Indebtedness unlawfully incurred by board ; penalty 22 25 Independent districts ; constitutional provision 8 Indictment; county officers subject to; constitutional provision.. 4 Industrial Home for Girls 92 Industrial School for Boys 92 Infectious diseases (See also Medical Inspection) 55 97 Injunction ; school officers may be removed by 22 25 Inspection, medical (See Medical Inspection.) Inspection of secretary's record may be made 33 45 Inspection of school houses by trustees ; when made 37 60 Institutes, Countj^ : president and members of board to attend ; to be held, when, where 58 105 teachers required to attend 58 106 county superintendent may excuse teachers from attending, when only 58 106 Index. 145 Institutes : County — Continued. Page. Sec. compensation for attending ; from what fund paid 58 106 failure to attend to debar from teaching 58 . 106 instructors for ; qualification of 58 107 pay of instructors for 59 108 . enrollment fee : how used 59 109 account of expenses to be approved by institute 59 109 certified list of peisons enrolled to be sent to state superin- tendent . 59 110 Institute, District : number of to be held 59 111 credit for attendance 59 111 Institute, the Bluefield Colored '-12 Institute, the West Virginia Collegiate 88 Instruction : free, to whom granted 40 69 in what branches vc luired 46 78 Instructions : of tax commissioner to be followed in what 22 26 of attorney general as to elections 22 26 Instructors for county institutes (See Institute, County.) Insurance of state institutions Appendix A 104 16 Interest : charged against sheriff, when 70 146 on bonded indebtedness, provision for 19 22 levy for may be continued without additional vote until when 20 22 on bonds must be provided for 30 39 Intermediate School, definition of 80 161 Interpretation of schooi law 65 128 Investment of the School Fund 72 152 Joint district high schools 27 30i^ Joint Schools : how provided 15 18 title to buildings for 16 18 terms of agreement to be reduced to writing 16 18 shall be provided with furniture, etc 16 18 Judgment against board of education 72 150 Judgment against sheriff, when 69 145 July, first Monday in. board to hold first meeting 23 27 Jury, teachers exempt from serving on, when 56 97l^■ Justices to remit fines to sheriff 42 76 Keyser Preparatory Branch of the West Virginia University.... 88 Kindergartens : board may establish in what schools 29 34 who admitted to 29 34 teachers of, qualifications for 29 34 Land, condemnation of for school purposi's 15 15 title to, in whom vested 12 9 a I' . sale or conveyance 12 9 a II Law, the school (See School Law. i Laws governing general elections to apply in special elections. ... 20 22 Legislature : to prescribe terms of oflice : constitutional provision to provide free schools ; constitutional provision to encourage improvements ; constitutional provision power of to levy : constitutional j^rovision Levy : vote on ballot for vote on rate of to be set forth in statement 11 may be corrected : how to be laid after corrections made 18 3 5&9 8 4 16 20 16 20 17 21-c 17 21-c 18 21-c 146 Index. .Levy — Continued. Page. Sec. for building fund ; maximum rate of 18 21-c for teacliers' fund ; maximum rate of , 18 21-c for support of high schools 19 21-o additional (See Additional Levy.) for interest on bonds and for sinking fund 19 22 - for bonded indebtedness ; continuance of ; use of 20 22 elections on ; how held 20 23 special debt (See Special Debt Levy.) maximum rate of may not be exceeded 22 25 special for extension of term : fund to be known as what. ... 24 29 delinquent lists for 32 44 .assessor's certificate of valuations to serve as basis for 34 4S rate of to be reported by secretary ; when, to whom 34 49 -specific, may be ordered, when T2 150 constitutional provision concerning T fpower of legislature to lay ; constitutional provision 4 •special debt (See Special Debt Levy.) "Liability of school officers to action by state, when 22 25 Libraries, Public 115 1"9 Libraries, School : number and value of volumes in to be reported by trustees. ... .38 63 (See also Books for School Libraries.) Librarian : may be appointed by trustees, when 30 38 compensation of 30 3S to open library, when 30 oS who may draw books from 30 3S 'Limit of special debt levy Appendix A 112 S Limitation on bond issue 30 39 Location of Schools : to be determined by board 13 11 to be determined with reference to convenience of pupils.... 14 13' Location and Plans : to be approved by county superintendent 14 14 to be selected by county superintendent, when 14 14 Magisterial districts to be school districts 9 2 Mandamus : school officers may be removed by 22 to compel division of funds ' 40 payment by sheriff may be enforced by. '<'2 150 Manual of course of study • 46 79 Manuscript, examination ; transmission of 48 85 Maximum Rate of Levy : for building fund 18 21-c for teachers' fund 18 21-e Medical Inspection : provision for 43 77 b I appointment of physicians as inspectors 43 77 b I duty of inspectors 43 77 b IV record of inspection, form of 44 77 bVI notice of symptoms to parents 45 77 b VI Meeting of presidents to appoint county superintendents, when. . 61 116 Meetings of Board of Education : first ; when held ; business to be transacted 23 28 second ; when held ; business to be transacted 16 21 third ; when held ; business to be transacted 17 21-c monthly and special 28 32 Meetings of board of school fund ; when, where 72-73 152 & 153 71 Index.- 147 Page. Sec. Meetings, literary and religious may be held in school houses ; conditions 38 62 Meetings of trustees 35 53 ^4 Member of Board : must vacate office, when 10 5 oath of ; when to be taken 10 6 compensation of 29 33 | Method of making settlement, sheriff's 68 141 i. Minimum amount of general school fund 31 40 i Minimum Salaries : ' for different grades of certificates 23 28 ! may be exceeded, when 23' 28 Minimum school term 18 21-o Misdemeanor : school officers guilty of, when 22 25 assessor, clerk of county court, secretary, or county superin- tendent, guilty of, when 34 50 parent or guardian guilty of, when 42 74 employers guilty of, w'hen 41 72 county superintendent guilty of, when 51 88 county financial secretary guilty of, when 70 148 to act as agent, penalty 79 157 Money for school purposes collected and distributed by sheriff. ... 67 lb7 Montgomery Preparatory Branch of the West Virginia University. . 87 Name and address of county superintendent to be certified 61 115 Narcotics and alcoholic drinks; special instruction concerning.... 46 78 Neglect of duty on part of school officers, fine for 80 159 ^v^eglect of duty ; county superintendent to report 55 ' 96 Non-attendance (See Compulsory Attendance.) Normal Schools : graduates of to receive uniform certificates without examina- tion, when 51 88-89 constitutional provision 8 (See also State Normal Schools.) Normal training for colored teachers 87 188 Notice : of elections for special bond levy 20 23 of election on question of district high school 25 30 of violation of compulsory attendance law ; when required ; when not required 41 73 of meeting of presidents to appoint county superintendent. ... 60 114 Notification of trustees of appointment 35 53 Number and location of schools to be determined by board 13 11 Number of sub-districts may be increased or decreased 13 11 Number of teachers ; board to determine, when 23 28 Oath : ; of members of board 10 6 i of secretary of board 33 45 f may be administered by secretary ; for what purpose 34 47 ;• of trustees 35 53 of county superintendent 60 115 of members of board of control Appendix A 94 1 of office ; constitutional provision 3 Objections to estimate and proposed levy 17 21-c | Objections to sheriff's settlement (See Sheriff.) ,[ Obligation unlawfully incurred by board ; penalty for 22 25 ! Offense against compulsory attendance law 41 72 Officers of board of school fund 72 152 ^ Officers, county, subject to indictment; constitutional provision.. 4 Officers, school (See School Officers.) i Order of proceedings at annual meetings of board. .. .Appendix B 124 , ] 148 • Index. Page. Sec. Order for purchase of free text-books to be entered of record 29 35 Orders : outstanding, may be paid by special levy 21 24 for teacliers" salary ; drawn by whom ; signed by whom 56 99 paid by sheriff, when 67 138 failure of sheriff to pay 69 145 Outstanding l)onds 20 22 Overseers for examination may be appointed 48 83 Parent or Guardian : to be notified, when 41 & 45 73 & '. i b VI complaint against 41 73 Payment : of teachers 56 99 of salary of county superintendent 62 120 of school orders 67, 69 138, 145 in excess by sheriff 68 140 of orders by sheriff may be enforced by mandamus 72 150 of bonds 30 39 of tuition required of whom 40 69 Penalty : against employer, when {See also Child Labor Law) 42 74 for violation of compulsory attendance law 41 72 upon county superintendent for committing fraud in examina- tions . ^ 54 95 upon county superintendent for failure to make report 62 120 for tampering with examination questions and manuscripts . . 55 95 upon sheriff ; for what 69 145 for acting as agent 79 157 for being interested in contracts 80 158 not otherwise provided .• 80 159- upon board of education for unlawful expenditures, etc 22 25 upon board of education for exceeding maximum rate of levy. . 22 25 upon assessor, clerk of county court, secretary, or county superintendent, for what 34 50 Personal property ; taxes levied on to be extended on proper book 34 49 Petition : for longer term 23 27 for longer term in graded schools 24 29 for discontinuance of district high school 28 31 for district supervision 81 163 for librarian for school library 30 38 Place and time of holding examinations 47 81 Plans and Location for School Building : to be approved by county superintendent 14 14 to be selected by county superintendent, when 14 14 Poll books and tally sheets for special election to be furnished by whom 21 23 Power of legislature to levy ; constitutional provision 4 Powers of board as a corporation 10 7 Preparatory Branch of the West Virginia University at Mont- gomery 87 Preparatory Branch of the West Virginia University at Keyser. . . 88 President of Board of Education : election of 9 3 to examine houses and sites 12 10 compensation of 29 3'3 to attend county teachers institutes 29 33 to sign teachers' orders 56 99 to appoint county superintendent, when 60, 61 114, 116 Primary Teachers" Certificate 53 92 Sec. 161 75 46 24 10 Ikdex. 149 Page. Primary school, definition of 80 Principals to report cases of truancy 42 Proceedings of board, abstract of 33 Proceeds of special debt levy not to be used for other purposes. ... 21 Proceeds of sale of property to be added to building fund 12 Process : may be served on board 11 copy of to be delivered to whom 11 Professional certificates (See State Professional Certificates.) Prohibition concerning appointment of teachers 37 Prohibition of certain acts, applying to board 22 Property : exempt from execution 11 to be inspected ; may be sold 12 title to, in whom vested 12 sale or conveyance of 12 aggregate of to be set forth in statement 17 taxable to be classified ii; statement 17 personal, to be listed separately 17 assessed by B. of P. W. to be listed separately 17 Prosecuting Attorney : may require correction in sheriff's settlement 69 to proceed against sheriff, when 70 Provisions as to certain funds 21 Provisions must be made for interest on bonds 30 Publication of order calling special election 20 Pupils : to be held responsible for injury or destruction of text-books. . 29 transferred ; where enumerated 39 transportation of 39 examination and graduation of 46 colored (See Colored Youth.) under control of teacher, when, where 55 may be excluded, when 55 may be suspended, when, by whom 55 may be expelled, when, by whom 55 Purchase of certain supplies by trustees 38 Qualifications : of kindergarten teachers 29 of trustees 35 of institute instructors 58 of county superintendent 61 of state superintendent 63 Questions for Examinations : preparation and transmission of 48 state board of education to assist in preparation of, when. ... 65 tampering with ; unlawful possession of ; penalty 54 Quorum : of board of education 28 of trustees 35 Rates of Levy : maximum for teachers' and building funds 17 to be set forth In statement 17 to be reported by secretary, when, to whom 34 Reading Circles : state superintendent to prescribe course for ; in what subjects 59 examination in course of 59 certificates of proficiency in 59 58 25 9 10 9al 9 a II 21c 21c 21c 21-c 143 24 39 i 23 i 36 66 1 68 1 79 97 97 97 97 61 , 34 • 53 ; 107 117 124 [ 85 j 131 95 32 ' 5314 i 21c ' 2I0 49 112 112 112 1 150 Index. Real Estate : Page. Sec. to be listed separately 17 21c taxes levied on to be extended on proper book 34 49 Receipt for amounts expended in examination 48 84 Reconsideration and correction of estimate and levies 17 21c Record : of objections to estimate and levies 17 21c trustees, of proceedings 35 53 1/^ of enumeration 57 104 of teachers' certificates 49 86 of sheriff's settlements with county court 68 142 of proceedings of board of school fund 72 152 Record, Secretary's : to be signed by whom 33 45 to be delivered to successor 33 45 Recovery of fine against sheriff 70 147 Regents, State Board of (See State Board of Regents.) Register of Certificates : : state superintendent's 49 86 county superintendent's 49 86 Registers and reports, teachers' 56 98 Regulations : concerning school libraries 30, 115 38, 1- concerning use of school houses 38 62 concerning the uniform system of examinations 47 81 Relationship exclusion 37 58 Removal : of school officers 22 25 of trustees from office 3'6 54 of teachers 37 58 of members of state board of control Appendix A 94 1 of members of state board of regents " " 104 17 from office ; constitutional provision 4 Renewal : of first grade certificates 49 87 of high school certificates 51 90 of supervisor's certificate 52 91 of short course certificate 51 88 of normal school certificate 51 89 of special certificates 53 92 of state professional certificates 66 132 Repairs : of furniture, apparatus, etc 14 . 13 of school building, bond for 16 19 Repairs and improvements, estimate of, trustees 38 68 Report : auditor's concerning the general school fund 32 41 concerning rate of levy ; secretary's ; county superintendent's 34 49 of trustees to board ; to show what 38 63 of expenses trustees 38 64 ! teacher's, principal's and superintendent's to truant officer. . . 42 75 I of immorality or neglect of duty on part of teachers 55 96 j of collections and disbursements on account of uniform ' examinations 48 84 I of secretary must be made before salary is paid 35 52 ' of teacher to secretary 56 98 of enumeration 56 100 of schools visited, county superintendent's 62 119 1 of state superintendent, to include what 64 127 i of state board of education 66 134 1 of auditor concerning condition of the school fund 72 151 Index. 151 Report — Continued. Page. Sec. of district superintendent _ 81 163 of levies ; constitutional provision 7 of board of regents Appendix A 106 20 Report, County Superintendent's : delay in making ; penalty for 62 120' made up from what 63 12.'^ Report, Secretary's : to whom made 35 51 when made 35 51 compiled from what 35 51 Reports to be made with reference to school year 9 1 Requirements for primary teacher's certificate 53 92 Requirements for high school teacher's certificate 51 90 Requisition for general school fund made by board 32 43 Requisitions, state superintendent to sign 64 125 Residence of state superintendent 64 125- Restrictions concerning purchase of books for school libraries. ... 30 37 Return of delinquent lists 32 44 Review of teacher's action, when, by whom 55 97 Revision of action of trustees 39 65 Revocation of certificates 55 96' Rules and regulations for district supervision 81 163 Salary : of state superintendent 63 124 of district superintendent 81 163 of members state board of control Appendix A 94 1 of members state board of regents " " 104 17 of employes state board of control " " 97 T Salary of County Superintendent : how determined 61 118 deductions from 62 119, 120' payment of 62 120 for fourth quarter not payable until when 62 120 Salary of secretaries of district boards : to be paid from what 35 52 to be paid how and when 35 52 Salary of teachers : to be discontinued, when 15 17 may be fixed above minimum, when 23 28 board to fix at first meeting 23 28 regulated by grade of certificate 23 28 minimum for each grade of certificate 23 28 may not be transcended or diminished 23 28 paid how 56 99 balance of not paid until when 56 lOO additional (See Additional Salary.) Sale of school property 12 10 Saturday not a school day 37 59 School : definition of 80 161 attendance at permitted to whom 40 69- Schools : to be provided for by legislature ; constitutional provision .... 5 to be taught 15 16^ may be discontinued, when 15 17 joint (See .Joint Schools.) graded (See Graded Schools.) not to be kept open on Saturdays or holidays 37 59 to be visited by trustees 37 60 consolidation of .HQ 68 graded and high ; subjects taught in 46 78- 152 Index. Schools — Continued. Page. Sec. money for; collected and disbursed by sheriff 67 137 for deaf and blind (See West Virginia School for Deaf and Blind.) State Normal (See State Normal Schools.) •School calendar Appendix B 123 ■Schools for Colored Youth : must be established 40 70 shall have share of fund 40 71 board may be compelled by mandamus to divide funds with.. 40 71 ■School Board (See Board of Education.) School Books (See Text-Books.) School Book Commission (See Text-books.) School Districts (See Districts.) School Fund, the General (See General School Fund) ^School Fund, the : constitutional provisions concerning 6 constitutional amendment concerning 7 income from to go to what 31 40 auditor to report condition of 72 151 the board of ; duties of ; officers of 72 152 meetings of board of, to be held where 72 152 record of proceedings of board to be kept 72 152 meetings may be held when 73 153 •collection of money due 73 154 board of may appoint agents to collect claims 73 155 board to require bond of agents 73 155 agents to execute deed, when 73 155 compensation of agents 73 155 School grounds to be improved 14 13 School Houses : to be retained, when ; to be sold, when 12 10 number and location of 13 11 to be located with reference to what 14 13 for joint schools (See Joint Schools.) •exempt from execution 11 9 may be provided jointly 15 is to be kept in order by trustees 08 61 may be used for what 38 62 regulations for use of 38 62 to be examined 63 122 School Law : to be published by state superintendent 64 126 interpretation of 65 128 School Libraries (See Libraries and Books for Libraries.; School Librarian (See Librarian.) School Officers : not to be interested in sale of books ; constitutional provision 8 oath of ; constitutional provision 3 removal of ; constitutional provision 3 terms of : constitutional provision 3 guilty of misdemeanor 22 25 personally liable, when 22 & 113 25 & 9 not to act as agents 79 156 not be interested in contracts 80 158 penalties against 79 & 80 157-159 School Property (See Property.) School Term (See Term.) School Year : ■begins and ends when 9 l accounts and settlements made with reference to 9 1 Index. 153 Page. Sec. Seal, State Superintendent's 64 125 Secretary of Board : oath of members of board filed with 10 6 to make record of corrections and levy IT 21 c to furnish poll books, etc., for special election. . . 20 23 to post notices of election for extension of term 23 27 to have charge of free text-books 29 3'5 to take receipt from teachers for free text-books 29 36 board shall appoint, when 33 45 shall not be a member of board S^ 45 shall take oath 33 45 shall attend all meetings and keep record 33 45 record of attested by his own and president's signatures 33 45 records of shall be open to inspection 33 45 to have charge of all records and papers 33 45 records of and documents to be delivered to successor 33 45 shall deliver orders to county financial secretary 33 45 shall post abstracts of proceedings of each meeting, where, when 33 46 shall post itemized statement of settlement with sheriff, where, when 33 46 may administer oath to whom 34 47 assessor shall deliver certificate of valuation to, when 34 48 to report rate of levy when, to whom 34 49 penalty upon ; for what 34 50 to make statistical report ; when ; to whom 35 51 salary of . . . ( 35: 52 compensation for report 35 52 teacher's contract shall be filed with 36 56 teacher's certificate shall be filed with 36 57 teacher's certificate to be endorsed by 36 57 shall return expense account of trustees for correction, when 38 64 truant officers to make statement to 42 76 to issue orders for teachers' salary 56 99 teachers' term report returned to 56 100 report of enumeration to be filed with 57 102 to deduct from teacher's salary, when 57 102 to have enumeration taken, when 57 103 to keep record of enumeration 57 104 to transmit record of enumeration to county superintendent 57 104 Service of Process 11 8 Security ; contractors to give 16 19 Settlement : to be made with reference to school year 9 1 with sheriff, statement of to be posted by secretary 33 46 of sheriff with county financial secretary 67 139 of sheriff with county court 68 142 Sheriff : general school fund paid to order of 32 43 to collect and account for taxes 3'4 49 to receive tuition fees and credit to teachers' fund 40 69 truant officer to make statement to 42 76 fines to be paid to 42 76 to collect and disburse all school money 67 137 to give additional bond 67 137 to keep accounts with boards of education 67 138 to pay orders, when 67 138 to make annual settlements with county financial secretary.. 67 139 to be charged with what 67 139 to be credited with what 67 139 not to receive credit for payments in excess 68 140 154 Index. Sheriff- — Continued. method of making settlement vouchers and orders of to serve as basis for settlement to make settlement by districts with county court corrections in settlement of may be made at the instance of whom settlement of with county financial secretary may be accepted by county court, when commissions of failure of to pay orders ; judgment and penalty shall not be required to endorse orders before, when failure of to settle ; forfeiture for , action against to turn over balance to successor to report condition of funds may be compelled to pay orders by mandamus Sinking fund, may be provided for ; when ; how . .' Sites and buildings to be provided by board Special Debt Levy : board may submit question of to voters limit of 21 & board may continue without additional vote until debt is paid , 21 & proceeds of not to be used for any other purpose 21 & treasurer of, to keep account of separately 21 & balance from to revert to what 21 & orders to be listed for indebtedness created previous to laid only upon consent of tax commissioner Special Election : order for to be published for extension of term manner of holding, etc State may maintain action against school officers State Board of Control : creation of Appendix A a corporation " " how constituted " " appointment of " " how and for what removed " " salary of members " " expenses of members " '' offices and fixtures " " to give entire time to duties " " to manage and control certain institutions " " titles vested in ' " " money due institutons reported to " " to appoint a secretary and clerks " " salaries of employes of " " to keep a set of books ■' " to examine conditions and records of institutions " " to visit institutions " " to summon witnesses " " to fix number and compensation of assistants and employes of institutions " " to investigate charges against employes " " to recommend removal of certain officers " " to fix salaries of officers and employes " " to pay salaries when " " to make rules for its conduct " " to purchase supplies " " to publish and award contracts " " Page. Sec 68 141 68 141 68 i42 69 143 69 143 69 144 69 145 69 145 70 146 70 147 70 149 71 149 d 72 150 19 22 14 13 21 24 112 24 & 8 112 24 & 8 112 24 & 8 112 24 & 8 112 24 & 8 112 8 112 8 112 8 20 23 23 27 80 160 22 25 94 1 94 1 94 1 94 1 94 1 94 1 94&95 1&2 94 1 94 1 95-96 3&4 96 5 97 6 97 7 97 7 97 7 97 7 98 99 9 99 9 99 9 99 9 99 9 100 10 100 11 100 11 Index. 155 State Board of Control — Continued. Page. Sec. to determine kind of animals to be slaughtered. . " " 100 11 to inspect meats, poultry, etc " " 100 11 to have no interest in contracts or gifts " " 100 11 to forfeit office when " " 100 11 to employ architects " " 101 12 to construct, remodel and repair buildings " " 101 12 to prescribe records to be kept " " 102 13 to make report to governor ' " " 103 14 governor may direct to make investigation " " 103 14 to accept gifts for institutions " " 103 1.5 to have charge of insurance of institutions " " 104 16 to report list of employes to auditor " " 106 21 State Board of Education : of whom composed ; appointment of 65 130 to perform duties of state board of examiners 65 131 to constitute committee on course of study 65 131 to prescribe and publish branches for examination for certain certificates 65 131 to assist in preparation of examination questions, when 65 131 compensation of 66 133 may renew or convert professional certificates 66 132 to recommend certificates to teachers 53 &2 to keep a record showing what 66 134 to make report to state superintendent 66 134 State Board of Examiners (See State Board of Education.) State Board of Regents : creation of Appendix A 104 17 a corporation " " 104 17 how constituted " " 104 17 appointment of " " 104 17 removal of members of " " 104 17 salary of members " " 104 17 to control educational departments " " 105 18 to employ officers and teachers " " 105 18 to fix salaries " '" 105 18 to prescribe courses of study and text books " " 105 10 to publish rules and regulations " " 105 19 to meet with board of control " " 105 19 to make report to governor " " 106 20 to furnish data to state superintendent of schools " " 106 20 to report list of employes to auditor " " 106 21 governor may require additional duties of " " 107 22 State Normal Schools 85 constitutional provision 8 Marshall College. 85 177 Fairmont Branch 85 181 West Liberty Branch 86 182 Glenville Branch 86 183 Shepherdstown Branch 86 184 Athens Branch 87 185 State Professional Certificates : validity of t 66 132 renewal of 66 132 State School Book Commission (See Text Books.) State Superintendent : to withhold money from general school fund, how much and for what purpose 17 21c to deposit money with treasurer of board, when and for what purpose salary of paid from what Note traveling expenses of not to exceed what ; paid from what. . . . 17 21c 64 124 31 40 156 Index. state Superintendent — Continued. Page. Sec. contingent expenses of office of, paid from what 31 40 to apportion general scliool fund to counties 32 41 to notify auditor and county superintendent of apportionment of general school fund 32 41 report of A'aluations and levy to be made to by county superintendent 35 51 to prepare manual of course of study 46 79 to see that teachers follow manual 46 79 to provide for examination and graduation of pupils 46 79 to issue diplomas 46 79 to have control of all matters pertaining to examination of teachers 47 81 to prepare and transmit questions 48 85 to prescribe manner of conducting esaminatigns 48 85 to examine manuscripts 49 86 to issue certificates ; of three grades 49 86 to satisfy himself as to identity of applicants for certificates 49 86 may revoke certificates when and for what 55 96 to renew first grade certificates 49 87 to give statement of grades to applicants for certificates ; when 49 86 to keep register of certificates issued 49 86 may appoint overseers for examinations 47 83 report of examinations to be made to 48 84 to issue certificates to certain graduates 51 89 may issue emergency certificates 54 94 to issue high school certificates, when 51 90 to issue certificates in special subjects, when 53 92 to issue state life certificate, when 54 93 to appoint institute instructors 58 107 list of persons enrolled in county institute to be sent to 59 110 statement of institute expenses to be sent to 59 110 to prescribe reading circle courses 59 112 to provide for examination in reading circle courses 59 112 to issue certificates of proficiency in reading circle courses... 59 112 to issue requisition for county superintendent's salary 62 120 county superintendent to make report to 63 123 qualification of ; term of 63 124 salary of Note 64 124 expenses of ; how provided for 63 124 residence of 64 125 shall provide a seal 64 125 to sign requisition on auditor for what 64 125 duties of 64 126 report of ; to include what 64 127 to give interpretation of the school law 65 128 to prepare and publish list of books suitable for school libraries 65 129 to be member of state board of education 65 130 to appoint five members of state board of education 65 130 auditor to make report to concerning condition of school fund 72 151 State Tax Commissioner shall prepare certain forms and instruc- tions 22 26 Statement : of special levy for bonds to be printed on ticket. 19 22 of settlement with sheriff posted by secretary ; where, when . . 33 46 truant officer's 42 77 of grades issued to applicants for certificates, when 49 86 of institute expenses 59 110 Statement of Fiscal Affairs : to set forth what (a, b, c) 16 21 copy of to be published 16 21c allowance to be made in for delinquent taxes 17 21-c Index. 15^ statement of Fiscal Affairs — Continued. Page. Sec. to state separately value of personal property, real estate and property assessed by B. of P. W 17 21c forms and instructions for to be prepared by state tax commissioner 22 26 Statistical report of secretary 35 51 Sub-Districts : creation of 9 2 present, to remain until changed by law 9 2 change in boundaries and number of 1.3 11 may be abolished, when ^9 68 Sub-District Teachers' Fund, how provided for 24 29 Sub-Division of district 9 2 Subjects, teachers to be examined in what 49 S7 for primary certificates 53 92 Subjects Taught : in ungraded schools 46 78 in graded and high schools 46 78 Sum due from general school fund to be deducted from what 17 21c Summary of Enumeration (See Enumeration.) Summary, Teacher's Monthly (See Report.) Superintendent : State (See State Superintendent.) County (See County Superintendent.) District (Sec District Supervision.) to report to truant officers 42 75 Supervision : district 81 163' general ; constitutional provision 5 county ; constitutional provision Q and control of trustees 39 65 state superintendent charged with 64 126 Supplementary Fund : to be deposited with treasurer of board 17 21c to be deducted from general school fund 17 21c not to exceed $90,000 1" 21c to be divided between building and teachers' funds, how 17 21c to be used when and for what purpose 17 21-c balance from if any to revert to general school fund 17 21c to be deducted from the general school fund 31 40 Supplies, trustees may purchase 38 61 Support of Free Schools, constitutional provision 7 Suspension of pupils 55 97 Sweeping school house 38 61 System of Free Schools to be provided by Legislature 5 Tally sheets, etc., for special elections, furnished by secretary.... 20 2.3 Tampering with examination questions and manuscripts ; penalty for 54 95 Tax: capitation ; constitutional provision 4 direct annual for interest on bonds 30 39 Taxes : county, constitutional provision 5 delinquent 32 44 amount of levied to be extended on property boolJS 34 49 (See also Levies.) Taxable Property ; aggregate of to be set forth 17 21f- Tax Commissioner to prepare forms and instructions 22 26 Teachers : may be dismissed and school discontinued, when 15 17 number of to be employed to be determined, when 23 28 158 Index. Teachers— Continued. Page. Sec. kindergarten, qualifications for. 29 34 to distribute and have control of free text-books 29 36 to collect text-books and return to secretary 29 36 appointment of 36 56 ' must hold certificate 36 56 must present certificate to trustees 36 57 must file certificate with secretary 36 57 must have certificate endorsed by secretary 36 57 may be removed for what 37 58 shall not receive salary, when 3'7 5S to report what to truant officers 42 75 to give instruction in what subjects 46 78 to follow course of study prescribed in manual 46 79 to be examined in what subjects 47 82 exempt from certain duties 56 97% to keep daily registers and make monthly reports 56 98 to keep term registers 56 98 to include what in registers and reports 56 98 payment of 56 99 to return term report to secretary 56 100 to take and report enumeration 56 101 to receive credit for attending district institute 59 111 to be encouraged to form reading circles 59 112 not to act as agent 79 156 colored ; normal training for 87 188 in state schools, how employed Appendix A 105 18 Teacher's Authority : to have control of children, how long 55 97 may exclude whom from school 55 97 action of may be reviewed by trustees 55 97 Teachers' Certificates (See Certificates.) Teachers' Fund : levy for 17 21c maximum rate of levy for 17 21c the sub-district 24 29 tuition fees to be credited to 40 69 may be supplemented (see supplementary fund.) Teachers' Institutes : county (see institutes, county.) district (see institutes, district.) Teachers' S'alaries (See Salary of Teachers.) Teaching, county superintendent may engage in, when 61 118 Term, the school : length of 17 extension of 23 Term of Office : to be prescribed by legislature : constitutional provision 3 of board of education 9 of trustees 35 of county superintendent 60 of state superintendent 63 Term reports and registers 56 to be returned to secretary 56 Text-Books : old law still in force 82 state book commission created 73 appointment of members of state book commission 73 compensation of members of state book commission 73 oath of oflice of members of state book commission 73 contracts for books from July 1, 1911, to July 1, 1912.... 74 meetings of state school book commission 74 21c 27 3 53 113 124 98 100 165 155 a I 155 a I 155 a I 155 a I 155 a II 155 a III Index. 159 Text-books — Continued. 1'agb. Sec. samples to be submitted .' 74 155 a III bids and proposals 74 155 a III adoption of books 75 155 a IV change in books 75 155 a IV contracts to be executed 75 155 a IV bond by contractors 76 155 a V prices of books to patrons 76 155 a VI county superintendent to be notified 76 155 a VI supply of books placed by contractors 77 155 a VII exchange of books 77 155 a VII violation of book contracts by teacher 77 155 a VII certain boards may choose books for their districts 77 155 a VII no discrimination in prices in other states 77 155 a VIII lists of adopted books to be sent to county superintendents by contractors 77 155 a IX use of unauthorized books, to whom reported, penalty 78 155 a X state of West Virginia not liable to terms of contracts 78 155 a XI appropriation for expenses of. state book commission 78 155 a XII members of book commission not to accept gift, penalty... 79 155 a XIII Tickets for special election 20 23 Tie in Vote : for members of boa rd 10 4 for county superintendent 60 114 Time and Place : of holding examinations 47 81 of holding county institutes 58 105 Title to school property vested in board 11 8 Title to joint school buildings 15 18 Transfer of Pupils : provision for 39 66 , expense of to be divided 39 67 Transfer from state fund to general school fund, when 31 40 Transmission of questions and manuscripts. 48 85 Transportation of Pupils (See Conveyance of Pupils.) Treasurer for special debt levy to keep account separately 21 24 Truancy (see compulsory attendance.) Truant Officer : shall be appointed, when 41 73 ; to enJ'orce provisions of compulsory law 41 73 shall use due diligence to ascertain violation of law 41 IS to give written notice to parent or guardian, when 41 73 to make complaint against parent or guardian, when 41 73 not required to give notice in subsequent offences 41 73 teachers, principals and superintendents to report to 42 75 shall render itemized statement to secretary and sheriff. ... 42 76 compensation of ; how paid 42 77 Trustees : may not transcend or diminisli salaries 23 28 may appoint librarian for school library 30 38 board shall appoint, when 35 53 term of office 35 53 to be notified of appointment immediately 35 53 to take oath, when 35 53 no one of may transact business by himself 35 53% quorum 35 53% meetings 3'5 53 % shall keep a record of their acts 35 53% may be removed from office ; how, by whom 36 54 vacancy in office of, how filled 36 55 shall appoint teachers ; when 36 56 shall make contract with teachers ; how 36 56 160 Index. Trustees — Continued. Page. Sec. teachers' certificates to be presented to 36 56 shall not appoint certain persons 37 58 shall visit schools, when ' 37 60 shall do what when visiting schools 37 60 shall cause school house to be kept in order 38 61 may purchase what 38 61 shall have house swept and fires built 38 61 may allow school houses used for what 38 62 to prescribe regulations for use of houses 38 62 to furnish estimates of improvements and repairs to board. . . 38 63 to make report to board showing what 38 63 shall keep itemized account of expenses 38 64 shall file expense account with secretary ; when 38 64 under supervision of board 39 65 actions of subject to revision of board 39 65 shall transfer pupils, when 39 66 may review action of teacher, when 55 97 may expel pupils, when 55 97 not to be interested in contracts ; penalty 80 158 Tuition : high school, to be paid when 27 30-a to be paid by whom 40 69 to be paid to whom 40 69 not to exceed what 40 69 to be credited to teacher's fund 40 69 Union Schools (see joint schools.) University, the West Virginia 82 Unlawful expenditures by board ; penalty for 22 25 Unlawful possession of examination questions 55 95 Use of school houses may be granted ; for wnat purposes 38 62 Vacancy : in office of trustee ; how filled 36 55 in office of county superintendent 61 116 Vacancy in Board of Education : to be filled how 10 5 to be declared, when 22 25 Validity : of elementary certificates 49 87 of short course certificates 51 88 of normal school certificates 51 89 of high school certificates 52 90 of supervisors certificates 53 91 of special certificates 53 92 of state life certificates 54 93 of emergency certificates 54 94 Value and kind of apparatus to be reported by trustees 38 63 Valuation of Property : estimate of 1'^ 21c board to levy upon 17 21c assessor's certificate of ; to secretary, to county superintendent 34 48 Verification of enumeration by affidavit 57 102 Violation of law by school officers ; penalty for 22 25 Violation of compulsory school law 41 72 of child labor law Appendix A 111 3 Visits to schools by trustees 37 60 to state institution by members state board of control. .App A 98 8 Visitation of schools, county superintendents 62 121 Volumes in library ; number of to be reported by trustees 38 63 Vote : for members of board ; tie in 10 4 on levy 16 20 Index. 161 Vote — Continued. • Page. Sec. on additional levy for current expenses 19 22 on addition levy to pay interest on bonds 19 22 on question of longer .term 23 2\ on district high school 25 30 must be had on question of bond issue 30 39 for county superintendent ; tie in 60 114 Vouchers and orders, sheriff's (see sheriff.) Warranty deed to be secured by board 11 8 West Virginia Collegiate Institute : act creating, etc 88 204 graduates of to receive certificates, when 51 88 & 89 West Virginia Industrial School for Boys 92 West Virginia Industrial Home for Girls 92 West Virginia Schools for the Deaf and the Blind 92 West Virginia University 82 graduates of to receive certificates, when 52 90 Preparatory Branch of at Montgomery 87 Preparatory Branch of at Keyser 88 White and Colored Pupils : constitutional provision 8 statutory provision 40 70 Year, the school (see school year.) Youth : enumeration of (see Enumeration.) colored 40 70 %; 'h. it ; (! LIBRARY OF CONGRESS 019 748 528