Ocnoov. Kexris^LdtViovx C6e £i(jratp of t^t Oniijersittp of jQortf) Carolina Collection of jl^ortS Caroliniana 00034037202 This hoolc must not taken from the hravy huildin^. '^'"^ '^^ CAROUNAROOIV Publication No. 196 School Legislation Enacted by the GENERAL ASSEMBLY OF NORTH CAROLINA Session 1937 AND Prior Sessions Issued by the State Superintendent of Public Instruction Raleigh, North Carolina CONTENTS Page An Act to provide for the administration and operation of a uniform system of public schools of the State for the term of eight months without the levy of an ad valorem tax therefor. (1937, c ) — 5 An Act to make an appropriation for the maintenance of the State's departments, bureaus, institutions, and agencies, and for other purposes, and to make funds available immediately for the pur- chase of replacement school buses. (1937, c. 2) 18 An Act to promote safety in the transportation of the school children of North Carolina. (1937, c ) 19 An Act to provide compensation for school children killed and /or in- jured while riding on a school bus to and from the public schools of the State; and to authorize the State School Commission to set aside certain funds for that purpose out of which medical and hos- pital expenses and death claims shall be paid. (1935, c. 245) 20 An Act to declare April twenty-third, one thousand nine hundred and • thirty-seven a State holiday for public schools to the end that teachers and students may attend centennial celebration (1937, c. -__)—. 21 An Act to provide educational advantages in State institutions to world war orphans. (1937, c. 242) 21 An Act to provide for an election relative to local supplements in ad- ministrative units or in school districts in Rowan and Gaston Counties. (1937, c. _.-J 22 An Act to provide for the issuance of school district refunding and funding bonds. (1935, c. 450; 1937, c. 126) 23 An Act to authorize the transfer of school district sinking funds to county treasurers. (1935, c. 242) 24 An Act to promote further efficiency in the public schools. (1933, c. 220)-— 25 An Act to prevent the awarding of contracts by board or officers of counties, cities, towns, or other subdivisions of the State until com- petitive bids are received therefor. (1931, c. 338) 26 The erection of schoolhouses. (1923, c. 136, s. 60; 1935, c. 221; 1937, c. _...).._. 27 An Act prescribing the manner of advertisement and sale of school property. (1933, c. 494; 1937, c. )._.- 28 An Act to provide for the payment of loans due the Special Building Funds created by the General Assemblies of one thousand nine hundred twenty-one, one thousand nine hundred twenty-three, one thousand nine hundred twenty-five, and one thousand nine hundred twenty-seven before maturity and the relending of these funds by the State Board of Education. (1937, c. -0 29 An Act providing for tlie funding or refunding of principal and interest of loans made from the State Literary Fund and from any Special Building Fund of the State. (1935, c. 399) 29 An Act to provide for the collection of delinquent amounts due the State Literary and School Building Revolving Fund from the vari- ous counties. (1935, c. 411)- ._ 30 An Act to require any person, partnership, association of persons, or corporation that may hereafter be organized as business schools in North Carolina to comply with their contracts with the students, etc., who matriculate with them for the purpose of taking commer- cial courses in accounting, bookkeeping, stenography, stenotypy, telegraphy, typing, and other branches generally included in the curriculum of such schools; to require such institutions, before col- lecting fees, tuition, and other expenses from students who desire to take such courses in such institutions, to enter into a bond exe- cuted by standard and solvent guaranty companies guaranteeing the refund of such fees, tuition, and other expenses as are paid, in case the promoters, officers, and agents of such institutions fail to comply with their contract; to provide penalties for failure to refund to any student the amounts whenever the promoters, officers and agents of such institutions fail to comply with their contract to give and furnish training in commercial courses according to the contract entered into. (1935, c. 255; 1937, c. 184) 31 pXX4?S Contents — Con. Page An Act to repeal chapter one hundred sixty-one, Public Laws of one thousand nine hundred nineteen, and to provide for a program of adult education as a part of the State public school system, and to appropriate the sum of twenty-five thousand ($25,000.00) dollars annually for carrying out the provisions of this Act. (1937, c. 198)... 35 Mental incapacity an excuse for non-attendance. (1923, c. 136, s. 348; 1931, c. 453, s. 1) 35 An Act to appoint certain members of the boards of education of the respective counties of North Carolina, fix their terms of office, and limit compensation at State expense. (1937, c. —. ) 36 Vacancies in office of county board of education. (1923, c. 136, s. 16; 1931, c. 380, ss. 1, 2) 40 Text-books for elementary grades. (1923, c. 136, ss. 320-332; 1933, c. 464).... 40 An Act to promote economy and efficiency in the operation of the public high schools of the State of North Carolina by providing for a uni- form adoption of high school text-books. (1931, c. 359) 44 An Act to require the public schools of the State to furnish adequate and scientific instruction in the subject of alcoholism and nar- cotism. (1929, c. 96; 1935, c. 404) 46 An Act to provide a rental system for text-books used in the public schools of the State and to promote economy and efficiency in the adoption of text-books. (1935, c. 422) 47 An Act supplemental to and amending chapter four hundred twenty- two. Public Laws of one thousand nine hundred thirty-five, and to provide free basal textbooks to the elementary school children of the State, and to continue the rental system for high school books and supplementary readers. (1937, c. 169) 49 An Act to incorporate the North Carolina State Thrift Society. (1933, c. 385; 1935, c. 489) 52 An Act to provide for instruction in thrift and saving in the public schools of the State. (1933, c. 481; 1935, c. 489) 53 An Act to direct the Governor to appoint a commission to examine and report upon the public educational system and make recommenda- tions with respect to the same. (1937, c. ....) 54 Providing for the observance and commemoration of the one hundredth anniversary of the passing of a resolution directing that "A plan for common schools, suited to the conditions and resources of the State," be prepared and reported to the next General Assembly. (1937, Resolution No. 9) -" 55 A joint resolution providing for the appointment of a commission to prepare and carry out plans for the observance by the State of North Carolina of the one hundred and fiftieth anniversary of the formation of the Constitution of the United States. (1937, R. 17 )....__ 57 A joint resolution recognizing the importance of the celebration of the three hundred and fiftieth anniversady of the birth of Virginia Dare and associated events on Roanoke Island and authorizing participation in this event by the State of North Carolina. (1937, R. 25) 58 A resolution empowering the Governor to appoint a commission to study the public schools and colleges for colored people in North Carolina. (1937, R. 28) 59 A joint resolution to provide old age security for old and incapacitated teachers, to provide for the creation of a retirement fund through the joint contributions of employers and employees, and to provide machinery for the proper administration of this law. (1937, R. 41) .. 59 A joint resolution to authorize and empower the Governor of North Carolina to name and appoint a commission of seven members, to serve without compensation, for the purpose of determining ways and means of providing more suitable and adequate instruction in the public schools for exceptional children and to make recommen- dations to the Governor and General Assembly of one thousand nine hundred thirty-nine. (1937, R. 51) 60 SCHOOL LEGISLATION Enacted By The General Assembly Of North Carolina AN ACT TO PROVIDE FOR THE ADMISISTRATION AND OPERATION OF A UNIFORM SYSTEM OF PUBLIC SCHOOLS OF THE STATE FOR THE TERM OF EIGHT MONTHS WITHOUT THE LEVY OF AN AD VALOREM TAX THEREFOR. The General Assembly of North Carolina do enact: Section 1. Appropriation. That the appropriation made under title nine of "An Act to make Appropriations for the Maintenance of the State's Departments, Bureaus, Institutions, and Agencies, and for other purposes" of the sum of twenty-three million, seven hundred ninety-six thousand, three hundred sixty-seven dollars ($23,796,367.00), " for the support of the eight months' term public schools" for the year ending June thirtieth, one thousand nine hundred thirty-eight, and the sum of twenty-four million, nine hundred eighty-six thousand, one hundred sixty dollars ($24,986,160.00) "for the support of the eight months' term public schools" for the year ending June thirtieth, one thousand nine hundred thirty-nine, shall be apportioned for the operation of an eight months' State-wide school term as hereinafter provided. Sec. 2. State School Commission. The State School Commission shall be constituted as follows: The Lieutenant-Governor as ex-officio Chair- man, the State Superintendent of Public Instruction as Vice-Chairman, the State Treasurer and one member from each Congressional District to be appointed by the Governor. The said appointive members shall serve for a period of two years from the time of their appointment and receive such compensation as now provided by law. All the powers and duties hereto- fore conferred by law upon the State Board of Equalization, and the State School Commission, together with such other powers and duties as may be conferred by this Act, shall be vested in the State School Commission. The said School Commission may appoint an executive secretary who shall select other employees necessary for the proper administration of this Act to be approved by the State School Commission, subject to provisions of chapter two hundred seventy-seven. Public Laws of one thousand nine hundred thirty-one. The cost and expenses of said Commission shall be paid out of the appropriation made for the public schools as provided in section one of this Act. Sec. 3. Duties of the Commission. In addition to the duties and powers vested in the State School Commission as set out in section two of this Act, together with such other powers as may be conferred by law, it shall be the duty of the said Commission, in accordance with the provisions of this Act, to administer funds for the operation of the schools of the State for one hundred sixty days on standards to be determined by said Commission and within the total appropriation made available by the General Assembly. The State School Commission shall designate from its 6 School Legislation membership an Executive Committee, composed of the Lieutenant-Gover- nor, the State Superintendent of Public Instruction, the State Treasurer, and two other members, with whom the Executive Secretary may confer with reference to the administration of this Act when the commission is not in session. The purpose of this provision is to provide an agency for consultation and advice as to questions arising between meetings of the Commission, and for the purpose of effectuating a closer unity between the different agencies dealing with the schools. The Secretary shall keep a record of the proceedings of any meetings of the executive committee in the same manner as proceedings of the full Commission are kept and recorded. Sec. 4. Length of School Term. That the six months' school term required by article nine of the Constitution is hereby extended to embrace a total of one hundred sixty days of school in order that there shall be operated in every county and district in the State, which shall request the same, a uniform term of eight months: Provided, that the State School Commission, or the governing body of any administrative unit, may sus- pend the operation of any school or schools in such unit, not to exceed a period of forty days of said consolidated term, when in the sound judg- ment of said Commission, or the governing body of any administrative unit, the low average in any school does not justify its continuance, or necessity may require it: Provided, that all schools served by the same school bus or busses shall have the same opening date: Provided, further, that any balance of the State funds which may have been allocated to operate the said consolidated term, not actually operated as planned, shall be and remain in the State Treasury and become a part of the State school fund for the next succeeding year. A school month shall consist of four weeks and not less than twenty teaching days, no day of which shall be a Saturday, unless in case of emergency, and subject to the approval of the local committee and the superintendent of the administrative unit; and salary warrants for the payment of all State teachers, principals, and others employed for the school term shall be issued each school month to such persons as are en- titled to same. The salaries of superintendents^ and others employed on an annual basis shall be paid per calendar month. Sec. 5. School Organizations. The State School Commission, in making provision for the operation of the schools, shall classify each county as an administrative unit and shall, with the advice of the County Board of Education, make a careful study of the existing district organi- zation in each county administrative unit and may modify such district organization when deemed necessary for the economical administration and operation of the State school system and shall determine whether there shall be operated in such district an elementary or a union school. Provisions shall not be made for a high school with an average daily attendance of less than sixty pupils, nor an elementary school with an average daily attendance of less than twenty-five pupils, unless a careful survey by the State Superintendent of Public Instruction and the State School Commission reveals that geographic or other conditions make it impracticable to provide for them otherwise. School Legislation 7 City administrative units as now constituted, shall be dealt with by the State school authorities in all matters of school administration in the same way and manner as are county administrative units: Provided, that in all city administrative units as now constituted, the trustees of the said special charter district, and their duly elected successors, shall be retained as the governing body of such district; and the title to all property of the said special charter district shall remain with such trustees, or their successors: Provided, that nothing in this Act shall prevent city adminis- trative units, as now established, from consolidating with the county administrative unit in which such city administrative unit is located, upon petition of the trustees of the said city administrative unit and the ap- proval of the County Board of Education and the County Board of Com- missioners in said county; Provided, further, that in the event of such consolidation, all property vested in the trustees of such city adminis- trative units shall be transferred to and become the property of the County Board of Education in said county: Provided, further, that nothing in this Act shall affect the right of any special charter district, or special tax district which now exists for the purpose of retiring debt service, to have the indebtedness of such district taken over by the county as provided by existing law, and nothing herein shall be construed to restrict the County Board of Education and/or the Board of County Commissioners in causing such indebtedness to be assumed by the county as provided by existing law. Sec. 6. Administrative Officers. The administrative ofRcer in each of the units now designated shall be a county superintendent of schools for a county administrative unit and a city superintendent of schools for a city administrative unit. The salaries of county superintendents and city superintendents shall be in accordance with a State standard salary schedule to be fixed and determined by the State Board of Education and the State School Commission as provided for in section twelve of this Act: Provided, that it shall be lawful for the county superintendent of schools in any county, with the approval of the State Superintendent of Public Instruction, to serve as principal of a high school of said county; and the sum of not exceeding three hundred dollars ($300.00), to be paid from State instructional service funds, may be added to his salary and shall be included in the budget approved by the State School Commission: Pro- vided, further, that a county superintendent may also be elected and serve as a city superintendent in any city administrative unit in the county which he serves as county superintendent: Provided, further, that a county superintendent may serve as welfare ofRcer and have such additional com- pensation as may be allowed by the County Commissioners of such county, to be paid from county funds, subject to the approval of the State School Commission. At a meeting to be held the first Monday in April, one thousand nine hundred thirty-seven, or as soon thereafter as practicable, and biennially thereafter during the month of April, the various County Boards of Education shall meet and elect a county superintendent of schools, subject to the approval of the State Superintendent of Public Instruction and the State School Commission, who shall take office July first and shall serve for a period of two years, or until his successor is elected and qualified. 8 School Legislation A certification to the County Board of Education by the State Superintend- ent of Public Instruction showing that the person proposed for the office of county superintendent of schools is a graduate of a four years standard college, or at the present time holds a superintendent's certificate, and has had three years' experience in school work in the past ten years, together with a doctor's certificate showing the person to be free from any con- tagious disease, shall make any citizen of the State eligible for this office. In all city administrative units, the superintendent of schools shall be elected by the board of trustees, or other school governing agency of such unit, to serve for a period of two years; and the qualifications, approval, and date of election shall be the same as for county superintendents. The city superintendent is hereby ex-oflficio secretary to the governing body of said city administrative unit. At its first regular meeting in April, or as soon thereafter as practicable, the board of trustees, or other governing board of a city administrative unit, shall elect principals, teachers, and other necessary employees of the schools within said unit on the recommendation of the city superintendent. Sec. 7. School Committees. At the first regular meeting during the month of April, one thousand nine hundred thirty-seven, or as soon there- after as practicable, and biennially thereafter, the County Board of Edu- cation shall elect and appoint school committees for each of the several districts in their counties consisting of not less than three nor more than five persons for each school district, whose term of office shall be for two years: Provided, that in the event of death or resignation of any member of said school committee, the County Board of Education shall be empowered to select and appoint his or her successor to serve the remain- der of the term. The district committee shall elect the principals for the schools of the districts subject to the approval of the county superintendent of schools and the County Board of Education. The principals of the dis- tricts shall nominate and the district committees shall elect the teachers for all the schools of the districts, subject to the approval of the county superintendent of schools and the County Board of Education. In the event the local school authorities herein provided for are unable to agree upon the nomination and election of teachers, the matter shall be appealed to the State Superintendent of Public Instruction, who shall have authority to certify the name of a person to the county superintendent of schools to be employed for the ensuing school term. All principals and teachers shall enter into a written contract upon forms to be furnished by the State Superintendent of Public Instruction before becoming eligible to receive any payment from State funds. It shall be the duty of the County Board of Education in a county administrative unit and of the governing body of a city administrative unit to cause written contracts on forms to be furnished by the State to be executed by all teachers and principals elected under the provisions of this Act before any salary vouchers shall be paid: Provided, further, that the County Board of Education may appoint an advisory committee of three members for each school building in the said school district, who shall care for the school property, and perform such other duties as may be defined by the County Board of Education. Sec. 8. Organization Statement and Allotment of Teachers. On or before the twentieth day of May in each year, the several administrative School Legislation 9 officers shall present to the State School Commission a certified statement showing the organization of the schools in their respective units, together with such other information as said Commission may require. The organi- zation statement as filed for each administrative unit shall indicate the length of term the State is requested to operate the various schools for the following school year, and the State shall base its allotment of funds upon such request. On the basis of such organization statement, together with all other available information, and under such rules and regulations as the State School Commission may promulgate, the State School Commis- sion shall determine for each administrative unit, by districts and races, the number of elementary and high school teachers to be included in the state budget. It shall be the duty of the governing body in each administrative unit, after the opening of the schools in said unit, to make a careful check of the school organization and to request the State School Commission to make changes in the allocation of teachers to meet requirements of the State budget. Sec. 9. Objects of Expenditure. The appropriation of state funds, as provided under the provisions of this Act, shall be used for meeting the costs of the operation of the public schools, as determined by the State School Commission, for the following items: 1. General Control: a. Salaries of superintendents b. Travel of superintendents c. Salaries of clerical assistants for superintedents d. Office expense of superintendents e. Per diem county boards of education in the sum of one hundred ($100.00) to each county f. Audit of school funds 2. Instructional Service: a. Salaries for white teachers, both elementary and high school b. Salaries for colored teachers, both elementary and high school c. Salaries of white principals d. Salaries of colored principals e. Instructional supplies 3. Operation of Plant: a. Wages of janitors b. Fuel c. Water, light and power d. Janitor's supplies e. Telephone expense 4. Auxiliary Agencies: a. Transportation — (1) Drivers, and contracts (2) Gas, oil and grease (3) Mechanics (4) Parts, tires, and tubes (5) Replacement busses 10 School Legislation (6) Compensation for injuries and/or death of school chil- dren as now provided by law b. Libraries c. Health In allotting funds for the items of expenditures hereinbefore enume- rated, provisions shall be made for a school term of only one hundred sixty days. The State School Commission shall effect all economies possible in pro- viding State funds for the objects of General Control, Operation of Plant, and Auxiliary Agencies, and after such action shall have authority to increase or decrease on a uniform percentage basis the salary schedule of teachers, principals, and superintendents in order that the appropriation of State funds for the public schools may insure their operation for the length of term provided in this Act: Provided, however, the State School Commission and County Boards of Education shall have power and authority to promulgate rules by which school buildings may be used for other purposes. The objects of expenditure designated as Maintenance of Plant and Fixed Charges shall be supplied from funds required by law to be placed to the credit of the public school fund of the county and derived from fines, forfeitures, penalties, dog taxes, and poll taxes, and from all other sources except State funds: Provided, that when necessity shall be shown, the State School Commission may aprove the use of such funds in any adminis- trative unit to supplement any object or item of the current expense budget; and in such cases, the tax levying authorities of the county ad- ministrative unit shall make a sufficient tax levy to provide the necessary funds for Maintenance of Plant, Fixed Charges, and Capital Outlay: Pro- vided, further, that the tax levying authorities in any county adminis- trative unit, with the approval of the State School Commission, may levy taxes to provide necessary funds for teaching vocational agriculture and home economics and trades and industrial vocational subjects supported in part from Federal Vocational Educational funds; Provided, that nothing in this Act shall prevent the use of Federal and/or privately donated funds which may be made available for the operation of the public schools under such regulations as the State Board of Education may provide. Sec. 10. State Budget Estimate. The State budget estimate shall be determined by the State School Commission for each county and city administrative unit by ascertaining the sum of the objects of expenditure according to and within the limts fixed by this Act, and within the meaning of the rules and regulations promulgated by the State School Commission; and the certification of same shall be made to each county superintendent, city superintendent, and the State Superintendent of Public Instruction on or before June first of each year. Sec. 11. Salary Costs. That upon receipt of notice from the State School Commission of the total number of teachers, by races and for county and city administrative units separately, the State Superintendent of Public Instruction shall then determine, in accordance with the schedule of salaries established, the total salary cost in each and every adminis- trative unit, for teachers, principals, and superintendents to be included School Legislation 11 in the State budget for the next succeeding fiscal year for the consolidated school term as herein defined. This amount, as determined from a check of the costs for the preceding year with adjustments resulting from changes in the allotment of teachers, shall be certified to the State School Commission, together with the number of elementary and high school teachers and principals employed in accordance with the provisions of this Act, separately by races, and for city and county administrative units. Sec. 12. Sta.te Standard Salary Schedule. The State Board of Education and the State School Commission shall fix and determine a State Standard Salary Schedule for teachers, principals, and superintendents, which shall be the maximum standard State salaries to be paid from State funds to the teachers, principals, and superintendents; and all contracts with teachers and principals shall be made locally by the County Boards of Education and/or the governing authorities of city administrative units, giving due consideration to the peculiar conditions surrounding each employment, the competency and experience of the teacher or principal, the amount and character of work to be done, and any and all other things which might enter into the contract of employment, and shall also take into considera- tion the grade of certificate such teacher or principal holds: Provided, however, that the compensation contracted to be paid out of the State funds to any teacher, principal, or superintendent shall be within the maximum salary limit to be fixed by the State Board of Education and the State School Commission, as above provided, and within the allotment of funds as made to the administrative unit for the item of instructional salaries: Provided, further, that no teacher or principal shall be required to attend summer school during the years one thousand nine hundred thirty-seven and one thousand nine hundred thirty-eight, and the certifi- cate of such teacher or principal as may have been required to attend such school shall not lapse but shall remain in full force and effect, and all credits earned by summer school and/or completing extension course or courses shall not be impaired but shall continue in full force and effect. Any teacher or principal desiring election or re-election to a position in the State school system, shall file his or her application in writing with the county superintendent of instruction or the head of administrative unit. It shall be the duty of such county superintendent or administra- tive head to notify applicant of election or rejection within a period of thirty days. In the employment of teachers, no rule shall be made or enforced on the ground of marriage or non-marriage. Sec. 13. Principals Allowed. In all schools with fewer than fifty teachers allowed under the provisions of this Act, the principal shall be included in the number of teachers allowed. In schools with fifty or more teachers, one whole time principal shall be allowed; and for each forty teachers in addition to the first fifty, one additional whole time principal, when and if actually employed, shall be allowed: Provided, that in the allocation of State funds for principals, the salary of white principals shall be determined by the number of white teachers employed in the white schools; and the salary of colored principals shall be determined by the pumber of colored teachers employed in the colored schools. 12 School Legislation Sec. 14. Local Supplements. The County Board of Education in any county administrative unit and the school governing board in any city administrative unit, with the approval of the tax levying authorities in said county or city administrative unit and the State School Commission, in order to operate schools of a higher standard than that provided by State support in said administrative unit having a school population of one thousand or more, but in no event to provide for a term of more than one hundred eighty days, may supplement the funds from State or county allotments available to said administrative unit: Provided, that before making any levy for supplementing said allotments, an election shall be held in said administrative unit to determine whether there shall be levied a tax to provide said supplemental funds, and to determine the maximum rate which may be levied therefor. Upon the request of the County Board of Education in a county administrative unit and/or the school governing authoi'ities in a city administrative unit, the tax levying authorities of such unit shall provide for an election to be held under laws governing such elections as set forth in Articles XXIII, XXIV and XXVI of chapter ninety-five of the Consolidated Statutes of North Caro- lina, Volume three: Provided, that the rate voted shall remain the maximum until revoked or changed by another election: Provided, fur- ther, that nothing herein contained shall be construed to abolish any city administrative unit heretofore established under chapter four hundred forty-five of Public Laws of one thousand nine hundred thirty-five. Sec. 15. liocal Budgets. a. The request for funds to supplement State school funds, as per- mitted under the above condition, shall be filed with the tax levying authorities in each county and city administrative unit on or before the fifteenth day of June on forms provided by the State School Commission. The tax levying authorities in such units may approve or disapprove this supplemental budget in whole or in part, and upon the approval being given, the same shall be submitted to the State School Commission, which shall have the authority to approve or disapprove any object or item con- tained therein. In the event of approval, by the State School Commission, the same shall be shown in detail upon the minutes of said tax levying body, and a special levy shall be made therefor, and the tax receipt shall show upon the face thereof the purpose of said levy. b. In the same manner and at the same time, each county and/or city administrative unit may file a Capital Outlay budget, subject to the ap- proval of the tax levying authorities and the State School Commission. c. In the same manner and at the same time, each county and/or city administrative unit shall file a Debt Service budget, which shall include Debt Service budgets of special bond tax districts, as set forth in section sixteen of this Act, and which shall be subject to the approval of the tax levying authorities in each such unit and the State School Commission: Provided, that nothing in this Act shall prevent counties, local taxing districts and/or special charter districts from levying taxes to provide for Debt Service requirements. The tax levying authorities in each of the above named units filing budgets from local funds shall report their action on said budgets on or before the fifteenth day of July, and the same shall be reported to the School Legislation 13 state School Commission on or before the first day of August. The action of the State School Commission on all requests for local funds budgets shall be reported to Boards of Education and/or school governing authori- ties of city administrative units and the tax levying authorities in such units on or before the first day of September. All county-wide current expense school funds shall be apportioned to county and city administrative units and distributed monthly on a per capita enrollment basis. All county-wide capital outlay school funds shall be apportioned to county and city administrative units on the basis of budgets submitted by said units to the County Commissioners and for the amounts and purposes approved by said commissioners; said capital out- lay funds to be disbursed in the same manner as provided for school funds: Provided, that funds derived from payments on insurance losses shall be used in the replacement of buildings destroyed, or in the event such buildings are not replaced said funds shall be used to reduce the indebted- ness of the administrative unit to which said payment has been made, or for other capital outlay purposes within said units. All county-wide debt service funds shall be apportioned to county and city administrative units and distributed monthly on the basis of the per capita enrollment of the preceding year, provided that the payments to any administrative unit shall not exceed the actual debt service needs of said unit including sinking fund requirements. Sec. 16. School Indebtedness. If a boundary, territorial district, or unit in which a special bond tax has heretofore been voted or in any way assumed prior to July first, one thousand nine hundred thirty-three, has been or may be divided or consolidated, and the whole or a portion of which has been or may be otherwise integrated with a new district so established under any reorganization and/or redistricting, such territorial unit, boundary, or district, special taxing or special charter, which has been abolished for school operating purposes, shall remain as a district for the purpose of the levy and collection of the special taxes thereto- fore voted in any unit, boundary, or district, special taxing or special charter, for the payment of bonds issued and/or other obligations so assumed, the said territorial boundary, district, or unit shall be main- tained until all necessary taxes have been levied and collected therein for the payment of such bonds and/or other indebtedness so assumed. Such boundary, unit, or district shall be known and designated as the "Special Bond Tax Unit" of County. All uncollected taxes which have been levied in the respective school districts for the purpose of meeting the operating costs of the schools shall remain as a lien against the property as originally assessed and shall be collectible as are other taxes so levied, and upon collection, shall be made a part of the Debt Service fund of the special bond tax unit, along with such other funds as may accrue to the credit of said unit; and in the event there is no Debt Service requirements upon such district, all amounts so collected for whatever purpose shall be covered into the county treasury to be used as a part of the county Debt Service for schools: Provided, that unpaid teachers' vouchers for the year in which the tax was levied shall be a prior lien: Provided, further, that nothing in this 14 School Legislation Act shall be construed as abolishing special taxes voted in any city admin- istrative unit since July first, one thousand nine hundred thirfy-three. Sec. 17. The Operating Budget. It shall be the duty of the County Board of Education in each county and the school governing authorities in each city administrative unit, upon receipt of the tentative allotment of State funds for operating the schools and the approval of all local funds budgets, including supplements to State funds for operating schools of a higher standard, funds for extending the term, fund for Debt Service, and funds for Capital Outlay, to prepare an operating budget on forms provided by the state and file the same with the State Superintendent of Public Instruction and the State School Commission on or before the first day of October. Each operating budget shall be checked by the State school authorities to ascertain if it is in accordance with the allotment of State funds and the approval of local funds; and when found to be in accordance with same, shall be the total school budget for said county or city administrative unit. Sec. 18. Bonds. That the State School Commission, subject to the approval of the Local Government Commission, shall determine and pro- vide all bonds necessary for the protection of the State school funds. That the tax levying authorities in each county and city administra- tive unit, subject to the approval of the Local Government Commission shall provide such bonds as the State School Commission may require for the protection of county and district school funds. Sec. 19. Provision for the Disbursement of State Funds. That payment of the State fund to the county and city administrative units may be made in monthly installments, at such time and in such amounts as may be practical to meet the needs and necessities of the eight months' school term in the various county and city administrative units: Provided, that prior to the payment of any monthly installment, it shall be the duty of the County Board of Education or the board of trustees to file with the State Superintendent of Public Instruction and the State School Com- mission a certified statement of all salaries, together with all other obligations that may be due and payable, said statement to be filed on or before the fifteenth day of each month next preceding the maturity of the obligations. When it shall appear to the State School Commission from said certi- fied statement that any amounts are due and necessary to be paid, such amounts shall be certified to the State Superintendent, who shall draw a requisition on the State Auditor covering the same; and upon recipt of notice from the State Treasurer showing the amount placed to their credit, the duly constituted authorities may issue State warrants in the amount so certified: Provided, that no funds be released for payment of salaries of administrative officers of county or city units if any reports required to be filed by the State school authorities are more than thirty days over-due. Sec. 20. How School Funds Shall be Paid Out. The school funds shall be paid out as follows: 1. State School Funds. That school funds shall be released only on School Legislation 15 warrants drawn on the State Treasurer signed by the chairman and the secretary of the County Board of Education for county administrative units and by the chairman and the secretary of the board of trustees for city administrative units and countersigned by such officer as the county government laws may require. 2. County and District Funds. All county and district funds shall be paid out only on warrants signed by the chairman and secretary of the Board of Education for counties and the chairman and the secretary of the board of trustees for city administrative units and countersigned by such officer as the county government laws may require. Sec. 21. Audit. The State School Commission, in cooperation with the State Auditor, shall cause to be made an audit of all school funds, State, county, and district; and the cost of said audit shall be borne by each fund audited in proportion to the total funds audited, as de- termined by the State School Commission. The tax levying authorities for county and city administrative units shall make provision for meeting their proportionate part of the cost of making said audit, as provided in this Act. Sec. 22. Workmen's Compensation and Sick LeaA^e. The provisions of the Workmen's Compensation Act shall be applicable to all school em- ployees, and the State School Commission shall make such arrangements as are necessary to carry out the provisions of the Workmen's Compen- sation Act as applicable to such employees. The State School Commission is hereby authorized and empowered, in its discretion, to make provision for sick leave with pay for any teacher or principal not exceeding five days and to promulgate rules and regulations providing for necessary substi- tutes on account of said sick leave. ... , Sec. 22%. Children to be entitled to enrollment in the public schools for the school year one thousand nine hundred thirty-seven-thirty-eight, and each year thereafter, must be six years of age on or before October first of the year in which they enroll, and must enroll during the first month of the school year. . ; ,, ;=,./, ,; .. . ,■ ,; •., ,, Sec. 23. Purchase of Equipment and Supplies. It shall be the duty of the County Boards of Education and/or the governing bodies of city administrative units to purchase all supplies and materials in accordance with contracts and/or with the approval of the State Division of Purchase and Contract. Sec. 24. School Transportation. The control and management of all facilities for the transportation of public school children shall be vested in the State of North Carolina under the direction and supervision of the State School Commission, which shall have authority to promulgate rules and regulations governing the organization, maintenance, and operation of the school transportation facilities. The tax levying authorities in the various counties of the State are authorized and empowered to provide in the Capital Outlay budget adequate buildings and equipment for the storage and maintenance of all school buses. Provisions shall be made for the adequate inspection each thirty days of each vehicle used in the transportation of school children, and a record of such inspection shall 16 School Legislation be filed in the office of the superintendent of the administrative unit. That it shall be the duty of the administrative officer of each administra- tive unit to require an adequate inspection of each bus at least once each thirty days, the report or reports of which inspection shall be filed with the administrative officers. Every principal upon being advised of any defect by the bus driver shall cause a report of such defect to be made to this administrative officer immediately, whose duty it shall be to cause such defect to be remedied before such bus can be further operated. The use of school buses shall be limited to the transportation of children to and from school for the regularly organized school day. Sec. 2 5. Bus Routes. In establishing the route to be followed by each school bus operated as a part of the State school transportation system, in all schools where transportation is now or may hereafter be pro- vided, the State School Commission, shall, in coopei'ation with the district principal and the district committee, unless road or other conditions make it inadvisable, route the busses so as to get within one mile of all children who live more than one and one-half miles from the school to which they are assigned: Provided, further, that all routes so established shall be subject to the approval of the County Board of Education and the committee of each district. The State shall not be required to provide transportation for children living within one and one-half miles of the school in which provision for this instruction has been made. All bus routes thus established shall be filed with the County Board of Education, prior to the opening of school, and in the event any of said routes are disapproved by the County Board of Education, notice of same shall be filed with the State School Commission and a hearing on their appeal shall be heard within thirty days thereafter, by the executive committee pro- vided for in section three of this Act. Sec. 26. Purchase of New Equipment. It shall be the duty of che tax levying authorities in the various counties, and they are hereby authorized, empowered, and directed to make provisions in the Capital Outlay budget for the purchase of new buses needed to relieve over-crowding, and to provide for the transportation of children not transported during the school year one thousand nine hundred thirty-six-one thousand nine hun- dred thirty-seven, the County Boards of Education shall determine when the buses are over-crowded; and the State shall provide for the operation of all new buses purchased by the counties. It shall be the duty of the State of North Carolina to purchase all school buses used as replacements for old public owned buses which were operated by the State during the school year one thousand nine hundred thirty-six-thirty-seven. It shall be the duty of the State School Commission to promulgate rules and regulations that will insure the greatest safety for the children possible, including a standard signaling device for giving the public due notice that the bus is making a stop. Before purchasing any new school buses, the State School Commission shall cause to be made a thorough study of the most modern materials and construction for insuring the safest equipment possible within the funds available. Sec. 27. Bus Drivers. The authority for selecting and employing the drivers of school buses shall be vested in the principal or superin- School Legislation 17 tendent of the school at the termination of the route, subject to the ap- proval of the school committeemen or trustees of said school and the county or city superintendent of schools: Provided, that each driver shall be selected with a view to having him located as near the beginning of the truck route as possible; and it shall be lawful to employ student drivers wherever such is deemed advisable. The salary paid each employee in the operation of the school transportation system shall be in accordance with a salary schedule adopted by the State School Commission for that parti- cular type of employee. Sec. 28. Contract Transportation. In counties where school transpor- tation is provided by contract with private operators, the State shall pro- vide funds for operating costs on the standards adopted for public-owned busses, and it shall be the duty of the tax levying authorities in the various counties to provide in the Capital Outlay budget the additional funds necessary to pay contracts. Sec. 29. Cooperation Avith Highway and Public Works Coniniission in Maintenance of Equipment. The State School Commission is hereby authorized to negotiate with the Highway and Public Works Commission in coordinating all facilities for the repair, maintenance and upkeep of equipment to be used by the State School Commission in the school trans- portation system. In all cases where this is done the State Highway and Public Works Commission shall be reimbursed in the amount of the actual cost involved for labor and parts to be determined by an itemized statement filed with the State School Commission. Sec. 30. Lunch Rooms May he Provided. In such cases as may be deemed advisable by the trustees or school committee in any school, and where the same may be deemed necessary because of the distance of the said school from places where meals may be easily obtained, it shall be per- missible for the said trustees and the said school committees, as a part of the functions of the said public schools, to provide cafeterias and places where meals may be sold, and operate or cause the same to be operated for the convenience of teachers, school officers, and pupils of said schools. There shall be no personal liability upon the said trustees and school com- mittees, or members thereof, arising out of the operation of the said eating places, and it is understood and declared that the same are carried on and conducted in connection with the public schools, and because of the necessities arising out of the consolidation of the said schools and the inconvenience and interruption of the school day caused by seeking meals elsewhere: Provided, that no part of the appropriation made by the State for the public schools shall be expended for the operation of said cafe- terias or eating places, nor shall the provisions of section twenty-two of this Act apply to the employees of the cafeterias or eating places, except such persons as are regularly employed otherwise in the schools. Sec. 31. Miscellaneous Funds. It shall be the duty of the county superintendent of public instruction to examine the records of the county to see that the proceeds from the poll taxes and the dog taxes are cor- rectly accounted for to the school fund each year, and to examine the records of the several courts of the county including courts of justices 18 School Legislation of the peace, at least once every three months to see that all fines, forfeitures and penalties, and any other special funds accruing to the county school fund are correctly and promptly accounted for to the school fund; and if the superintendent shall find that any such taxes or fines are not correctly and promptly accounted for to the school fund, it shall be his duty to make prompt report thereof to the State School Commission and also to the solicitor of the Superior Court holding the courts in the district: Provided, that in any county having a county auditor, county accountant, or county manager, that the duties enjoined under the pro- visions of this section shall be performed by one of said officers; and if there are two or more such officers in any county, then by one of such oflacers in the order named. It shall be unlawful for any of the proceeds of poll taxes, dog taxes, fines, forfeitures, and penalties to be used for other than school purposes, and the official responsible for any diversion of such funds to other pur- poses shall be guilty of a misdemeanor, and, upon conviction, shall be punishable by fine or imprisonment in the discretion of the court: Pro- vided, however, that this section shall not be construed as making unlawful the use of such portions of said funds for other purposes as may be pro- vided by the provisions of this Act. Sec. 3 2. All Public, Public-Local, or Private Laws and clauses of laws in conflict with this Act, to the extent of such conflict only, are hereby repealed. If any section, part, paragraph, sentence or clause of this Act shall be declared unconstitutional or invalid, the same shall not affect the validity of any of the remaining parts of this Act. Sec. 33. This Act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified, this the 23 day of March 1937. AN ACT TO MiiKE AN APPROPRIATION FOR THE MAINTENANCE OF THE STATE'S DEPARTMENTS, BUREAUS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES, AND TO MAKE FUNDS AVAILABLE IMMEDIATELY FOR THE PURCHASE OP REPLACE- MENT SCHOOL BUSES. Whereas, it seems advisable to make an appropriation presently available in the sum set out in the Budget for replacement school buses, and to make this appropriation in lieu of the regular biennial appropriation which would ordinarily be in the biennial Appropriation Act, and in order to ad- vance the usual period of letting contracts for replacement busses about six months, so that the present price for bus materials may be had, and in order to supply the urgent need for replacement buses existing in many counties; The General Assembly of North Carolina do enact: Section 1. There is hereby appropriated out the General Fund of the State the sum of six hundred thousand dollars ($600,000.00). I School Legislation 19 Sec. 2. This appropriation shall be expended only for the purchase of replacement school buses and is in lieu of that sum which would be ordi- narily included in the biennial Appropriations Act for replacement school buses. Sec. 3. All laws and clauses of laws in conflict herewith are hereby repealed. Sec. 4. This act shall be in full force and effect upon ratification. In the General Assembly read three itmes and ratified, this the 21 day of January 1937. AN ACT TO PROMOTE SAFETY IN THE TRANSPORTATION OF THE SCHOOL CHILDREN OF NORTH CAROLINA. Whereas, there has been an increased number of accidents by the school buses of North Carolina for the past few years, which have resulted in an appalling number of injuries and fatalities of the children of the State, and a great loss of the property of the State; and Whereas, it is desirous that the childhood of North Carolina, and the property of the state be better protected: Now, Therefore, The General Assembly of NortJi Carolina do enact: Section 1. That no person shall drive or operate a school bus over the public roads of North Carolina while the same is occupied by children unless said person shall be fully trained in the operation of motor vehicles, and shall furnish to the superintendent of the schools of the county in which said bus shall be operated, a certificate from the Highway Patrol of North Carolina showing that he has been examined by a member of the said Highway Patrol, and that he is a fit and competent person to operate or drive a school bus over the public roads of the State. Sec. 2. That it shall be unlawful for any person to operate or drive a school bus loaded with children over the public roads of North Carolina at a greater rate of speed than thi rty-five miles per hour. Sec. 3. Any person violating section two of this Act, shall upon con- viction, be fined not more than fifty dollars ($50.00) or imprisoned not more than thirty days. Sec. 4. All laws and clauses of laws in conflict herewith are hereby repealed. Sec. 5. This Act shall be in full force and effect from and after July first, one thousand nine hundred thirty-seven. In the General Assembly read three times and ratified, this the 23 day of March 1937. 20 School Legislation an act to provide compensation for school children killed and /or injured wthile riding on a school bus to and from the public schools of the state: and to authorize the state school commission to set aside certain funds for that purpose out of avhich medical and hospital expenses and death claims shall be paid. The General Assembly of North Carolina do enact: Section 1. That the School Commission of North Carolina, shall, and it is hereby, authorized and directed to set up in its budget for the operation of the public schools of the State, a sum of money which it deems sufficient to pay the claims hereinafter authorized and provided for. Sec. 2. That the State School Commission be, and it is hereby autho- rized and directed to pay out of said sum provided for this purpose to the parent, guardian, executor, or administrator of any school child, who may be injured and/or whose death results from injuries received while such child is riding on a school bus to and from the public schools of the State, medical, surgical, hospital, and funeral expenses incurred on account of such injuries and/or death of such child in an amount not to exceed the sum of six hundred and no one-hundredths dollars ($600.00). Sec. 3. The right to compensation as authorized under Section two of this Act shall be forever barred, unless a claim be filed with the State School Commission within one year after the accident, and if death results from the accident, unless a claim be filed with the said Commission within one year thereafter. Sec. 4. That the State School Commission is hereby authorized and em- powered, under rules and regulations to be promulgated by said School Commission, to approve any claim authorized by this Act, and when such claim is so approved, such action shall be final; and payment made by the School Commission for hospital and medical treatment shall be deducted from the benefits provided in Section two hereof, and said Commission is hereby authorized to pay medical and hospital and funeral bills provided for in this Act, not to exceed, however, the benefits herein provided for. Sec. 5. That the claims authorized in Section two of this Act shall be paid by the said School Commission, regardless of whether or not the injury received by said school child shall have been due to the negligence of the driver of the said school bus; provided that whenever there is recovery on account of said accident by the father, mother, guardian, or administrator of such child, against any person, firm, or corporation, the amount expended by the State School Commission hereunder shall con- stitute a paramount lien on any judgment recovered by said parent, guardian, or administrator, and shall be discharged before any money is paid to said parent, guardian, or administrator, on account of said judg- ment. Sec. 6. Nothing in this Act shall be construed to mean that the State shall be liable for sickness, disease, and for personal injuries sustained while not actually riding on the bus to and from the school, and for School Legislation 21 personal injuries received otherwise than by reason of the operation of such bus. Sec. 7. This Act shall be in full force and effect from and after its ratification. Sec. S. That all laws and clauses of laws in conflict with this Act are hereby repealed. 1935, c. 245. AN ACT TO DECLARE APRIL TAVENTY-THIRD, ONE THOUSAND NINE HUNDRED AND THIRTY-SEVEN, A STATE HOLIDAY FOR PUBLIC SCHOOLS TO THE END THAT TEACHERS AND STUDENTS MAY ATTEND CENTENNIAL CELEBRATION. The General Assembly of North Carolina do enact: Section 1. That Friday, April twenty-third, one thousand nine hundred and thirty-seven, shall be and is hereby designated as a State holiday for the Public Schools of North Carolina to the end that teachers and students shall have an opportunity to attend the celebration of the Centennial of Public Education in North Carolina without pay. Sec. 2. That all laws and clauses of laws in conflict with this Act are hereby repealed. Sec. 3. That this Act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified, this the 2 3 day of March 1937. AN ACT TO PROVIDE EDUCATIONAL ADVANTAGES IN STATE INSTI- TUTIONS TO WORLD AVAR ORPHANS. The General Assembly of North Carolina do enact: Section 1. That any child who has been a resident of North Carolina for two years, and whose father was killed in action or died from wounds or other causes while a member of the armed forces of the United States between April sixth, one thousand nine hundred seventeen, the date of the declaration of war, and July second, one thousand nine hundred twenty- one, the legal termination thereof, shall be entitled to and granted a scholarship of free tuition in any of the State's educational institutions. This scholarship shall not extend for a longer period than four academic years. That in addition to the scholarship of free tuition above provided, there shall also be granted to any child needing financial assistance who is em- braced within the classification covered by this section, free room rent and board in any of the State's educational institutions which provide rooms and eating halls operated by the institution. That all applicants desiring 22 School Legislation to share the benefits of this paragraph and who are qualified to meet the entrance requirements shall submit, to the educational institution they desire to enter, a certificate of financial need duly executed by Com- manding Officer of American Legion Post located within same county as applicant and by the Clerk of the Superior Court of said county. If no Legion Post is located in said county, then the certificate may be signed by Commanding Officer of nearest American Legion Post. That said applicant shall also furnish statement from United States Veterans Administration showing that the applicant comes within the class designated as war orphans and as herein described. Sec. 2. That any State educational institution furnishing room and board to any child or children as provided in this Act, may submit a state- ment showing the amount of such room and board to the Director of the State Budget, and after checking the correctness of the amounts charged the Director of the Budget shall submit such statements to the Governor and Council of State for payment from the emergency and contingent fund of the State. Sec. 3. That all laws and clauses of laws in conflict with the provisions of this Act are hereby repealed. Sec. 4. That this Act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified, this the 20 day of March 1937. AN ACT TO PROVIDE FOR AN ELECTION RELATIVE TO LOCAL SLT- PLEMENTS IN ADMINISTRATIVE UNITS OR IN SCHOOL DISTRICTS IN ROWAN AND GASTON COUNTIES. The General Assembly of North Carolina do enact: Section 1. The county board of education in the county administrative unit, with the approval of the tax levying authorities in the county and the State School Commission, in order to operate the schools of a higher standard than that provided by State support in the administrative unit or in any school district within the county administrative unit having a school population of one thousand or more, but in no event to provide for a term of more than one hundred eighty days, may supplement the funds from the State or county allotments available to said administrative unit and/or district: Provided, that before making any levy for supplementing said allotments, an election shall be held in said administrative unit or district to determine whether there shall be levied a tax to provide said supplemental funds, and to determine the maximum rate which may be levied therefore. Upon the request of the county board of education in the county administrative unit the tax levying authorities of such unit shall provide for an election to be held under laws governing such elections as set forth in Article XXIII, XXIV, and XXVI of chapter ninety- five of the Consolidated Statutes of North Carolina, volume three: Pro- School Legislation 23 vided, that the rate voted shall remain the maximum until revoked or changed by another election. Sec. 2. That this Act shall apply only to Rowan and Gaston Counties. Sec. 3. That all laws and clauses of laws inconsistent with the provisions of this Act are hereby repealed. Sec. 4. That this Act shall be in full force and effect from and after ratification. In the General Assembly read three times and ratified, this the 2 3 day of March 193 7. AN ACT TO PROVIDE FOR THE ISSUANCE OF SCHOOL. DISTRICT REFUNDING AND FUNDING BONDS. The General Assemhly of North Carolina do enact: Section 1. As used in this Act the term "School District" shall be deemed to include each special school taxing district, local tax district and special charter district by which or on behalf of which bonds have hereto- fore been issued and are now outstanding. Sec. 2. Notwithstanding the provisions of any law heretofore enacted or enacted hereafter at the present regular session of the General Assembly which affect the continued existence of school districts or the levy of taxes therein for the payment of bonds, each such school district shall continue in existence with the boundaries heretofore established until all bonds thereof now outstanding or bonds issued to refund the same, together with interest thereon, shall be paid. Sec. 3. The Board of Commissioners of the county in which any such school district is located is hereby authorized to issue bonds at one time or from time to time for the purpose of refunding or funding the principal or interest of any bonds of such school district then outstanding. Such refunding or funding bonds shall be issued in the name of the school district and they may be sold or delivered in exchange for or upon the extinguishment of the obligations or indebtedness refunded or funded. Except as otherwise provided in this Act, such refunding and funding bonds shall be issued in accordance with the provisions of Chapter two hundred and fifty-seven of the Public Laws of one thousand nine hun- dred and thirty-three, and the Local Government Act and Acts amendatory thereof and supplemental thereto. The tax levying body or bodies autho- rized by law to levy taxes for the payment of the bonds, the principal or interest of which shall be refunded or funded shall levy annually a special tax on all taxable property in such school district sufficient to pay the principal and interest of said refunding or funding bonds as the same become due. Sec. 3A. In case the boundaries of any such school district are cotermi- nous loith any city or town, the governing hody of such city or toivn is hereby 24 School Legislation authorized to issue honcls at one time or from time to time for the purpose of refunding or funding the principal or interest of any bonds then outstanding which were issued by or on behalf of such school district. Except as other- wise provided in this Act, such refunding and funding bonds shall be issued in accordance icdtli the provisions of the Municipal Finance Act, as amended, relating to the issuance of refunding and funding bonds under that Act, and the provisions of the Local Government Act and acts amendatory thereof and supplemental thereto, except in the following respects: (a) The bonds shall be issued in the name and on behalf of the school district by the governing body of such city or town. (b) It shall not be necessary to include in the ordinance authorizing the bonds, or in the notice required to be published after the passage of the ordi- nance, any statement concerning the filing of a debt statement, and, as ap- plied to said bonds, sections two thousand nine hundred and thirty-eight and two thousand nine hundred and forty-three of the Municipal Finance Act, as amended, shall be read and understood as if they contained no requirements in respect to such matters. (c) The governing body of such city or toivn shall annually levy and col- lect a tax ad valorem upon all the taxable property in such school district sufficient to pay the principal and interest of such refunding or funding bonds as the same become due. Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed. Sec. 5. This Act shall be in full force and effect from and after its ratification. 1935, c. 450; 1937, c. 126. : • AN ACT TO AUTHORIZE THE TRANSFER OP SCHOOL DISTRICT SINKING FUNDS TO COUNTY TREASURERS. The General Assembly of North Carolina do enact: Section 1. That in all cases in which the bonds of special school dis- tricts have been or may hereafter be assumed by the county in which such district is located, all taxes levied and collected for the purpose of paying the interest upon said bonds and creating a sinking fund for the retire- ment of said bonds, shall be paid to the County Treasurer by the Sheriff or Tax Collector. Sec. 2. That if a uniform debt service tax is levied and collected by the county in which school district bonds are now outstanding and have been assumed by the county, all of said tax so levied and collected shall be paid to the County Treasurer and the County Treasurer shall allocate to each issue of school district bonds its proportionate part of the tax so levied and collected each year. Sec. 3. That in all cases where school district bonds have been assumed or may hereafter be assumed by the county in which district is located any and all moneys and securities held by the Treasurer, Trustee or Committee School Legislation 25 of such district or Sinking Fund Commissioner, is authorized to transfer any and all moneys and securities belonging to such sinking fund account to the County Treasurer of such county and upon the transfer of such funds and securities and a proper accounting therefor such District Treasurer, Trustee, Committee or Sinking Fund Commissioner shall be discharged from further responsibility for the administration of and ac- counting for such sinking funds. Sec. 4. This Act shall not apply to Richmond County. Sec. 5. That this Act shall be in full force and effect from and after its ratification. 1935, c. 242. AN ACT TO PROMOTE FURTHER EFFICIENCY IN THE PUBLIC SCHOOLS. Whereas, many selling and advertising campaigns are being promoted through the public schools of North Carolina; and Whereas, undue pressure is brought to bear upon both teachers and pu- pils; and Whereas, such practices tend to disrupt and commercialize the work of the schools; Noio, Tlierejore; The General Assemhly of North Carolina do enact: Section 1. No person, agent, representative or salesman shall solicit or attempt to sell or explain any article of property or proposition to any teacher or pupil of any public school on the school grounds or during the school day without having first secured written permission and consent of the superintendent, principal or person actually in charge of the school and responsible for it. Sec. 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and shall be fined or imprisoned in the discretion of the Court. Sec. 3. All laws and clauses of laws in confiict with the provisions of this Act are hereby repealed. Sec. 4. This Act shall be in force from and after its ratification. 1933, c. 220. 1 26 School Legislation an act to prevent the awarding of contracts by board or officers of counties, cities, towns, or other sub- divisions of the state until competitive bids are re- ceived therefor. The General Assembly of North Carolina do enact: Section 1. That no contract for construction or repair work, or for the purchase of apparatus, supplies, materials or equipment, involving the expenditure of public money, the estimated cost of which amounts to or exceeds one thousand ($1,000) dollars, except in cases of special emer- gency involving the health or safety of the people or their property, shall be awarded by any Board or Governing Body of any County, City, Town or other subdivision of the State, unless proposals for the same shall have been invited by advertisement once in at least one newspaper having gen- eral circulation in the County, City, Town or other subdivision, the publi- cation to be at least one week before the time specified for the opening of said proposals: Provided, if there is no newspaper published in the County and the estimated cost of the contract is less than two thousand ($2,000) dollars, such advertisement may be either published in some newspaper as required herein or posted at the courthouse door not later than one week before the opening of the proposals in answer thereto, and in the case of a City, Town or other subdivision wherein there is no newspaper published and the estimated cost of the contract is less than two thousand ($2,000) dollars, such advertisement may be either published in some newspaper as required herein or posted at the courthouse door of the County in which such City, Town or other subdivision is situated and at least one public place in such City, Town or other subdivision. Such adver- tisement shall state the time and place where plans and specifications of proposed work, or complete description of apparatus, supplies, materials or equipment may be had and the time and place for opening the pro- posals in answer to such advertisement, and shall reserve to said Board or Governing Body the right to reject any or all such proposals. All such proposals shall be opened in public, shall be recorded on the minutes of the Board or Governing Body and the award, if any be made, shall be made to the lowest responsible bidder, taking into consideration quality and the time specified in the proposal for performance of the contract. Each proposal shall be accompanied by a deposit with the Board or Governing Body of cash or a certified check on some bank or trust company organized under the laws of this State, of an amount equal to not less than two per centum (2%) of the proposal; said deposit to be retained in the event of failure of the successful bidder to execute the contract within ten days after the award or to give satisfactory surety as required herein. All con- tracts required herein shall be executed in writing, and where the amount involved is two thousand ($2,000) dollars or more, the Board or Governing Body shall require the person, firm or corporation to whom the award of contract is made to furnish bond in some surety company authorized to do business in this State to require a deposit of money, certified check or Government securities, for the full amount of said contract for the faithful performance of the terms of said contract, and no such contract shall be altered except by written agreement of the contractor, the sureties on his ^-UNl.^ School Legislation 27 bond, and the Board or Governing Body. Such surety bond or other securities as required herein shall be deposited with the Treasurer of the unit until the contract has been carried out in all respects. Sec. 2. That all contracts for construction or repair work or for the purchase of apparatus, supplies, materials or equipment made by any officer, department, board, or commission of any County, City, Town or other subdivision of this State, except as otherwise required by this Act when practical, and involving expenditure of public money of two hundred ($200) dollars or more shall be awarded to the lowest responsible bidder after informal bids have been secured, and it shall be the duty of such officer, department, board or commission to keep a record of all bids sub- mitted, such record to be subject to public inspection at any time. Sec. 3. That no bill or contract shall be divided for the purpose of evad- ing any provisions of this Act. Sec. 4. This Act shall be administered subject to all the provisions of the Local Government Act passed at this session of the General Assembly, and nothing herein contained shall be construed as in anywise repealing, amending or affecting any of the provisions of said Local Government Act. Sec. 5. That all laws or clauses of laws in conflict with the provisions of this Act shall be and the same are hereby repealed. Sec. 6. That this Act shall be in force and effect from and after July first, one thousand nine hundred and thirty-one. 1931, c. 338. THE ERECTION OF SCHOOLHOUSES Sec. 60. The Erection of Schoolhouses. The building of all new schoolhouses and the repairing of all old schoolhouses over which the County Board of Education has jurisdiction, shall be under the control and direction of and by contract with the county board of education, provided, hoicever, that in the building of all neio schoolhouses and the repairing of all old schoolhouses which may be located in a special charter district (as such dis- trict is defined by sub-section three of section three of chapter one hundred thirty-six of the Public Laws of one thousand nine hundred and tiventy- three), the building of such new schoolhouses and the repairing of such old schoolhouses shall be under the control and direction of and by contract with the Board of Education or the Board of Trustees having jurisdiction over said special charter district. But the board shall not be authorized to invest any money in any new house that is not built in accordance with plans approved by the State Superintendent, nor for more money than is made available for its erection. All contracts for buildings shall be in writing, and all buildings shall be inspected, received, and approved by the county superintendent of public instruction or by the Superintendent of Schools lohere such school buildings are located in a special charter district before full payment is made therefor: Provided, this section shall not prohibit county boards of education and boards of trustees from having the janitor or any regular employee to repair the buildings. From any moneys loaned by the State to any one of the several counties for the erection, repair or equipment of school buildings, teacherages and 28 School Legislation dormitories, the State Board of Education, under such rules as it may deem advisable not inconsistent with the provisions of this article, may retain an amount not to exceed fifteen per cent of the said loan until such completed buildings, erected or repaired, in whole or in part from such loan funds, shall have been approved by such agent as the State Board of Education may designate: Provided, that upon the proper approval of the completed building the State Treasurer, upon requisition of the State Superintendent of Public Instruction, authorized and directed by the State Board of Education, shall pay to the treasurer of the county the re- maining part of said loan, together with interest from the date of the loan at a rate not less than three per cent on monthly balances. 1923, c. 136, s. 60; 1925, c. 221; 193T, c AN ACT PRESCRIBING THE MANNER OF ADVERTISEMENT AND SALE OF SCHOOL PROPERTY. The General Assevidly of North Carolina do enact: Section 1. That section sixty-two of chapter one hundred and thirty- six of the Public Laws of North Carolina, Session 1923, be and the same is hereby repealed. Sec. 2. That when in the opinion of the Board, any schoolhouse, school- house site or other public school property has become unnecessary for public school purposes, it may sell the same at public auction after adver- tising the said property for the period of time and in like manner as to places and publication in newspapers as now prescribed for sales of real estate under deeds of trust. Provided further, that the sale shall be re- ported to the office of the Clerk of the Superior Court and remain open for ten (10) days for an increase bid, and if the said bid is increased the property shall be re-advertised in the manner as re-sales under deeds of trusts, and if there is no raised or increased bid within ten (10) days, the Chairman and Secretary of the Board shall execute a deed to the pur- chaser, and the proceeds shall be paid to the Treasurer of the County School Fund. Sec. 2(a). That after the sale of school property, as herein provided for, has been had and in the opinion of the County Board of Education the amount offered for the property, either at the first or any subsequent sale, is inade- quate, then, upon a finding of such fact by the County Board of Education, the said board is authorized to reject such bid and to sell the property at private sale, provided the price offered is in excess of that offered at such public sale. Sec. 3. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall be in force and effect from and after ratification. 1933, c. 494; 1937, c. School Legislation 29 an act to provide for the payment of loans due the special building funds created by the general assem- blies of one thousand nine hundred taventy-one, one thousand nine hundred taa^nty-three, one thousand nine hundred twenty-five, and one thousand nine hun- dred twenty-seven before maturity and the relend- ing of these funds by the state board of education. The General Assembly of North Carolina do enact: Section 1. That for the purpose of providing funds to be loaned to the counties of the State for erecting school buildings and providing facilities for maintaining six months school term, the State Board of Education is authorized to accept payment from any district and/or county for the full amount of loans due the State on loans from the Special Building Funds of one thousand nine hundred twenty-one, one thousand nine hundred twenty-three, one thousand nine hundred twenty-five and one thousand nine hundred twenty-seven before the maturity of such loans. Sec. 2. That the State Board of Education be authorized to relend any payments made by counties to counties for the period that the loans would have run had they not been paid before maturity, and at the same rate of interest. Sec. 3. That the State Board of Education shall follow the laws, rules and regulations set up for making loans from the Special Building Funds of one thousand nine hundred twenty-one, one thousand nine hundred twenty-three, one thousand nine hundred twenty-five and one thousand nine hundred twenty-seven in lending money made available by the pay- ment of loans from the said funds before the maturity date thereof. Sec. 4. In making loans from funds made available from payments on the Special Building Funds before maturity, the State Board of Education shall be governed by laws and amendments to the Constitution enlarging or restricting the borrowing power of counties and/or municipalities. Sec. 5. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed. In the General Assembly read three times and ratified, this the 10th day of March 1937. AN ACT PROVIDING FOR THE FUNDING OR REFUNDING OF PRINCI- PAL AND INTEREST OF LOANS MADE FROM THE STATE LITER- ARY FUND AND FROM ANY SPECIAL BUILDING FUND OF THE STATE. The General Assembly of No7-th Carolina do enact: Section 1. In any case where a loan has heretofore been made from the State Literary Fund or from any Special Building Fund of the State to the County Board of Education of a County and such County has heretofore or shall hereafter authorize the issuance of bonds for the purpose of funding 30 School Legislation or refunding interest on or the principal of all or a part of the notes evrdencing such loan, the State Board of Education be and the same is hereby authorized to accept funding or refunding bonds or notes of such County in payment of interest on or the principal of the notes evidencing such loan; provided, however, that the issuance of such funding or refund- ing bonds shall have been approved by the Local Government Commission. Sec. 2. In any case where the funding or refunding of interest on or the principal of such notes shall constitute a part of a refunding plan or pro- gram of the County, and the terms of such funding or refunding shall be accepted by a sufficient number of the holders of the County's obligations to put same into effect, the State Board of Education may authorize the acceptance of such funding or refunding bonds or notes upon the same terms and conditions, both as to principal and interest, as have been agreed upon by a sufficient number of the other holders of the County's obligations to put same into effect. Sec. 3. This Act shall be in full force and effect from and after its ratification. 1935, c. 399. AN ACT TO PROVIDE FOR THE COLLECTION OF DELINQUENT AMOUNTS DUE THE STATE LITERARY AND SCHOOL BUILDING REVOLVING FUND FROM THE VARIOUS COUNTIES. The General Assembly of North Carolina do enact: Section 1. In all instances where any sum or amount is due from any County Board of Education or school unit therein to the State or to the Lit- erary Fund or to the Revolving Fund set up by the General Assembly pro- viding loans for the construction of school buildings; and where any sum or amount is payable to such County by reason of any contract made on behalf of the State Highway Commission or its successor, the State High- way and Public Works Commission, for loans made to such Commission by such County in behalf of roads; it shall be competent and lawful to offset the amount due such County on account of any contract made with the State Highway Commission or its successor, the State Highway and Public Works Commission, not assigned prior to the passage of this Act, by the amount due by such County or Board of Education or school unit in said County to the State or to the Literary Fund or the Revolving Fund set up by the General Assembly providing loans for construction of school buildings. Sec. 2. If the amount due such County on account of loans made to the State Highway Commission or its successor, the State Highway and Public Works Commission, and not assigned prior to the passage of this Act is insufficient to pay the amount due the State or the Literary Fund or to the Revolving Fund by such County, then the amount due such County on ac- count of loans to the Highway Commission shall be credited on the amount due by such County to the State or Literary Fund or Revolving Fund. School Legislation 31 Sec. 3. The Treasurer and other officers of the State charged with the duty of disbursing any funds by reason of such contract between the State Highway Commission or the State Highway and Public Works Commission already made or hereafter to be made, are required to observe the pro- visions of the foregoing section and shall not issue or authorize issuance of any voucher contrary thereto. Sec. 4. That all laws and clauses of laws in conflict with this Act are hereby repealed. Sec. 5. That this Act shall be in full force and effect from and after its ratification. 1935, c. 411. AN ACT TO REQUIRE ANY PERSON, PARTNERSHIP, ASSOCIATION OF PERSONS, OR CORPORATION THAT IVIAY HEREAFTER BE OR- GANIZED AS BUSINESS SCHOOLS IN NORTH CAROLINA TO COM- PLY WITH THEIR CONTRACTS WITH THE STUDENTS, ETC., WTIO MATRICUXATE WITH THEM FOR THE PURPOSE OF TAKING COM- MERCIAL COURSES IN ACCOUNTING, BOOKKEEPING, STENOGRA- PHY, STENOTYPY, TELEGRAPHY, TYPING, AND OTHER BRANCH- ES GENERALLY INCLUDED IN THE CURRICULUM OF SUCH SCHOOLS; TO REQUIRE SUCH INSTITUTIONS, BEFORE COLLECT- ING FEES, TUITION, AND OTHER EXPENSES FROM STUDENTS WHO DESIRE TO TAIvE SUCH COURSES IN SUCH INSTITUTIONS, TO ENTER INTO A BOND EXECUTED BY STANDARD AND SOLVENT GUARANTY COMPANIES GUARANTEEING THE REFUND OF SUCH FEES, TUITION, AND OTHER EXPENSES AS ARE PAID, IN CASE THE PROMOTERS, OFFICERS, AND AGENTS OF SUCH INSTITU- TIONS FALL TO COMPLY WITH THEIR CONTRACT; TO PROVIDE PENALTIES FOR FAILURE TO REFUND TO ANY STUDENT THE AMOUNTS WHENEVER THE PROMOTERS, OFFICERS AND AGENTS OF SUCH INSTITUTIONS FAIL TO COMPLY WITH THEIR CON- TRACT TO GIVE AND FURNISH TRAINING IN COMMERCIAL COURSES ACCORDING TO THE CONTRACT ENTERED INTO. The General Assembly of IslortU Carolina do enact: Section 1. A commercial college or business school shall be defined as follows: Any person partnership, association of persons, or any corporation or operators of correspondence schools within the State of North Carolina which teaches, publicly, for compensation, any or all the branches of account- ing, bookkeeping, stenotypy, stenography, typing, telegraphy, and other com- mercial subjects which are usually taught in commercial colleges or business schools; Provided, however, that any person or individual who undertakes to give instruction in the above subjects to five or less students shall not be con- strued as the operator of a commercial college or business school. Sec. 2. Any person, partnership, association of persons, or any corpora- tion or opei-ators of correspondence schools within the State of North Caro- 32 School Legislation Una which may desire to open a commercial college, or to establish a branch college or school in this State for the purpose of teaching bookkeeping, stenography, stenotypy, typing, telegraphy, and other courses which are usually taught in commercial colleges, before commencing business must secure a permit from the State Board of Commercial Education of the State of North Carolina authorizing such person, partnership, association of persons or corporations to open and conduct such commercial college or branch college or school. The State Board of Commercial Education shall consist of the Director of the Division of Instructional Service, the Director of the Division of Voca- tional Education and tioo persons who are oioners and operator of duly licensed business or commercial schools lohich have been in operation within the State for five years, and the State Superintendent of Education, loho will lie Chairman of the Board and ex-officio Secretary. The tioo members who are commercial school owners or operators shall be appointed by the Gov- ernor and shall serve for three years or until their successors have been appointed and taken office. Sec. 3. That application for such permit to open and conduct a business or correspondence school shall state specifically the name of such person, partnership or corporation, and said application shall be filed with the State Board of Commercial Education at Raleigh. If, after due investigation on the j)o,rt of said board, it is shoion to the satisfaction of said board that said applicant is professionally qualified to conduct said school and possesses good moral character for fair and honest dealings, then said board shall approve said application and issue pei'mit to said applicant. Before such permit shall be issued, the applicant shall pay to the State Board of Commercial Edu- cation a fee of ten ($10) dollars as a minimum, and twenty-five ($25) dollars as a maximum, the amount needed being left to the discretion of the Board of Commercial Education, which fees shall be paid annually on the first day of July to the said Board so long as said school shall continue to operate. Said fees shall be used for office and traveling expenses by said Board or its authorized representatives for investigating applications for conducting commercial schools and also complaints against such schools, and the Secretary of the Board shall keep an account of all moneys received and disbursed which account shall be open at all times to inspection by all persons operating commercial schools and licensed by said Board. Sec. 4. Before the Board of Commercial Education shall issue such permit, the person, partnership, association of persons, or corporation shall execute a bond in the sum of one thousand ($1,000) dollars, signed by a solvent guaranty company authorized to do business in the State of North Carolina or by two solvent sureties, payable to the Clerk of the Superior Court of the County in which such college, branch college, or school will be located and conduct its business, conditioned that the prin- cipal in said bond will carry out and comply with each and all contracts, made and entered into by said college or branch college or school, acting by and through its officers and agents, with any student who desires to enter such college and to take any course in commercial training, and to pay back to such student all amounts collected for tuition and fees in case School Legislation 33 of failure on the part of the parties obtaining a permit from the Board of Commercial Education to open and conduct a commercial college, or branch college or school, to comply with its contracts to give the instruc- tions contracted for, and for the full period evidenced by such contract. Such bond shall be filed with the Clerk of Superior Court of the County in which the college or branch or school executing the bond is located, and recorded by such Clerk in a book provided for that purpose. That the requirement herein specified for giving the aforesaid bond of one thousand dollars ($1,000.00) shall apply to all commercial colleges, business schools and correspondence schools and branches thereof operating in North Carolina, and the said Board of Commercial Education shall not issue any permit or license to any person, firm, or corporation to operate any of the aforesaid schools until said bond has been given and notice of the approval of same by the Clerk of Superior Court has been filed with said Board of Commercial Education. Oiierators' bonds of one thousand dollars ($1,000.00) each shall be required for each branch of such commercial colleges, business schools, or correspondence schools operated toithin the State by any person, pa7'tnership, or coriioration. Sec. 5. In any and all cases where the party receiving the permit from the Board of Commercial Education fails to comply with any contracts made and entered into with any student or with the parents or guardians shall have a cause of action against the sureties on the bond as herein provided for the full amount of the payments made to such person, with six (6) per cent interest from the date of payment of said amount. For a proven violation of its contracts with its students, the Board of Com- mercial Education is authorized to revoke the license issued to the of- fending school. Through periodic reports required of licensed commercial schools and by inspections made by the members of the Board of Com- mercial Education or its authorized representatives, the Board of Com- mercial Education shall have general supervision over commercial schools of the State, the object of said supervision being to protect the public welfare by having the licensed commercial schools to maintain proper school quarters, equipment and teaching forces and of having the school carry out its advertised promises and its contracts made with its students and patrons. Sec. 6. Any person, or each member of any partnership, or each mem- ber of any association of persons, or each officer of any corporation which opens and conducts a commercial college or branch college or school with- out first having obtained the permit required in Section two of this Act, and without first having executed the bond required in Section four of this Act, shall be guilty of misdemeanor and punishable by a fine of not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars, and each day said college continues to be open and operated shall constitute a separate offense. Sec. 7. Provision of this Act shall not apply to any established university, professional, or liberal arts college, regular high school or any State institu- tion which has heretofore adopted or tvhich may hereafter adopt one or more commercial courses, provided the tuition fees and charges, if any, made by such university, college, high school or State institution shall be collected by 34 School Legislation tliei?' regular officers in accordance loith the rules and regulations prescribed by the Board of Trustees or governing body of such university, college, or high school; but the provisions of this Act shall apply to all commercial colleges, business schools and correspondence schools operated within the State of No7-th Carolina as commercial institutions. Sec. 7y2. That all persons soliciting students xoithin the State of North Carolina for commercial colleges, business schools or correspondence schools located loithin or without the State of North Carolina, shall be required to secure on July first of each year hereafter an annual license from the Board of Com,mercial Education, such license to cost two dollars ($2.00). That when application is made for such license by a solicitor he shall submit to said board for its approval a copy of the contract offered prospective students and used by his said school, together toith advertising material and other representations made by said school to its students or prospective students. That tohen a license is issued to such solicitor he shall receive a license card permitting him to solicit students for his school, but such license shall be issued only on an annual basis expiring June thirtieth of each year and must be reneioed to entitle such solicitor to solicit students thereafter. That every commercial college, business school, or correspondence school employing such solicitors shall be responsible for the acts, representations and contracts made by its solicitors. Any person soliciting students for any such schools with- out first having secured a license from the Board of Commercial Education, shall be guilty of a misdemeanor and be punishable by a fine of fifty dollars ($50.00) or thirty days' imprisonment, or both, at the discretion of the coiirt. Sec. 8. All persons, partnerships, associations of persons, which are non-residents of North Carolina, or corporations organized and chartered under the laws of any other State, must comply with the provisions of this Act before such can open and conduct a commercial college or branch college or school in the State of North Carolina. Sec. 9. If any part of this Act is decided by the Supreme Court of this State or by any other court of final jurisdiction, and is held to be uncon- stitutional and void, such decision shall not affect or nullify any other part of this Act. Sec. 10. That ail laws and clauses of laws in conflict with the pro- visions of this Act are hereby repealed. Sec. 11. That this Act shall be in full force and effect from and after its ratification. 1935, c. 255; 1937, c. 184. .i>> School Legislation 35 an act to repeal. chapter one hundred sixty-one, public laws of one thousand nine hundred nineteen, and to provide for a program of adul.t education as a part of the state public school system, and to appropriate THE SUM OF TAVENTY-FIVE THOUSAND ($25,000.00) DOLLARS ANNUALLY FOR CARRYING OUT THE PROVISIONS OF THIS ACT. The General Assembly of North Carolina do enact: Section 1. That chapter one hundred sixty-one of the Public Laws of one thousand nine hundred nineteen, be, and the same is hereby repealed. Sec. 2. That the State Board of Education is authorized to provide rules and regulations for establishing and conducting schools to teach adults, and the said schools when provided for shall become a part of the public school system of the State and shall be conducted under the super- vision of the State Superintendent of Public Instruction. Sec. 3. That there is hereby appropriated annually the sum of twenty- five thousand ($25,000.00) dollars from the general fund of the State for the purpose of carrying out the provisions of this Act, and to be disbursed on vouchers issued by the State Superintendent of Public Instruction. Sec. 4. That all laws and clauses of laws in conflict with this Act are hereby repealed. Sec. 5. That this Act shall be in full force and effect from and after June thirtieth, one thousand nine hundred thirty-seven. In the General Assembly read three times and ratified, this the 16th day of March 1937. MENTAL. INCAPACITY AN EXCUSE FOR NON-ATTENDANCE Sec. 3 48. State Board of Education to make rules and regulations; method of enforcement. It shall be the duty of the State Board of Edu- cation to formulate such rules and regulations as may be necessary for the proper enforcement of the provisions of this article. The Board shall prescribe what shall constitute truancy, what causes may constitute legiti- mate excuses for temporary non-attendance due to physical or mental inability to attend, and under what circumstances teachers, principals, or superintendents may excuse pupils for non-attendance due to immediate demands of the farm or the home in certain seasons of the year in the several sections of the State. It shall be the duty of all school oflicials to carry out such instructions from the State Board of Education, and any school official failing to carry out such instructions shall be guilty of a misdemeanor. Provided, that the preceding section shall not be in force in anj' City or County that has a higher compulsory attendance law now in force than that provided herein; but in any such case it shall be the duty of the State Board of Education to investigate the same and decide that any such law now in force has a higher compulsory attendance feature than that provided by this article: Provided, that wherever any district is with- out adequate buildings for the proper enforcement of this article, the 36 School Legislation County Boards of Education may be allowed not more than two years from July the first, one thousand nine hundred and nineteen, to make full and ample provision in every district. Mental incapacity shall be an excuse for non-attendance, and is interpreted to mean feeble-mindedness or such nervous disorder as to make it either impossible for such child to profit by instruction given in the school or im- 2)racticable for the teacher properly to instruct the normal pupils of the scliool. In the case of feeble-minded children the teacher shall designate the same in her reports to the County Suiierintendent of Public Welfare, and it shall be his duty to report all such cases to the State Board of Charities and Public Welfare. Whereupion said Board shall make, or cause to be made, an examination to ascertain the mental incapacity of said child and report the same to the County or City Superintendent involved. Upon receipt of said report the local school authorities are hereby authorized, under such limita- tions and rules as the State Board of Education may adopt, to exclude said child from the public school when it is ascertained that the child cannot bene- fit by said instruction and his presence becomes a source of disturbance to the rest of the children. In all such cases in which a child is excluded from school a complete record of the whole transaction shall be filed in the office of the County or City Superintendent and kept as a public record. 1923, c. 136, s. 348; 1931, c. 453, s. 1. AN ACT TO APPOINT CERTAIN MEMBERS OF THE BOARDS OF EDU- CATION OF THE RESPECTIVE COUNTIES OF NORTH CAROLINA, FIX THEIR TERMS OF OFFICE, AND LIMIT COMPENSATION AT STATE EXPENSE. The General Assembly of North Carolina do enact : Section 1. That the hereinafter named persons are hereby appointed members of the County Boards of Education for the several counties in the State as follows, to-wit: Alamance — E. J. Braxton, Dr. A. J. Ellington, Thomas E. Powell, Jr., J. E. Sellars, Dr. J. C. Wilkins. Alexander — George W. Watts, for a term of six years. Alleghany — G. N. Evans, for a term of four years, T. R. Burgiss, John C. Halsey. Anson — A. E. Hendley, Sr., for a term of six years. - Ashe — Dr. R. C. Ray, Dr. R. F. Barr, Austin Jones, each for a term of two years, beginning from the first Monday in April, one thousand nine hundred thirty-seven. The terms of the present members of the Board of Education shall end on the fourth day of April, one thousand nine hundred thirty- seven. Avei'y — H. B. Burleson, R. H. Hardin, Carl Wiseman. Beaufort — Ottis C. Barr, Dr. John B. Bonner, Charles F. Cowell, Sam B. Etheridge, Dr. W. T. Ralph. Bertie — W. V. Hoggard, R. N. Hoggard, each for a term of six years, P. F. Cobb, J. Peter Rascoe, J. Henry Spruill. Bladen — W. H. Grimsley, for a term of four years. School Legislation 37 BrunsAvick — Charles E. Cause, Gilbert T. Reid, R. I. Phelps. Buncombe — C. J. Ebbs, Dr. J. C. Rich, A. O. Mooneyham, James S. Howell, J. v. Erskine, T. Luther Maney, Worth McKinney. That at the next gen- eral primary held in Buncombe County for the nomination of members of the Board of Education of Buncombe County there shall be nominated five members instead of seven. Burke — C. P. Whisenant, L. F. Brinkley, each for a term of six years. Cabarrus — W. R. Odell, for a term of six years. Caldwell — W. C. Taylor, J. E. Shell, Ed Steele, Mart Wilson, J. E. Lackey. Camden — W. I. Sawyer, R. L. Bray, Gid Staples. Carteret — Dr. L. W. Moore, Dennis Mason, each for a term of six years. Caswell — J. B. Turner, V. M. Stephens, O. A. Powell. Catawba^ — G. W. Mann, R. E. Connor, John F. Carpenter, R. C. Boyd, Jim Howard. Chatham — W. M. Bridges, for a term of six years, W. H. Ferguson, for a term of four years, W. A. Hinton. Cherokee — Mrs. Giles W. Cover, P. A. Mauney, W. E. Moore, P. B. Ferebee, J. N. Moody, R. H. King, Fred Martin. Chowan — T. L. Ward, Z. T. Evans, L. W. Belch, Isaac Byrum, S. E. Morris, Mrs. George C. Wood, W. B. Shepard. Clay — Fred Gribble, for a term of six years. Cleveland — A. L. Calton, O. F. Austell, J. L. Hord, Coy McSwain, C. D. Forney. Columbus — B. S. Lennon, William (Bill) Hooks, R. R. Hinson, A. L. Griffin, W. A. Thompson. Craven — C. A. Seifert, G. W. Debruhl, F. H. Whitehurst, J. L. Peterson, J. H. Elliott. Cumberland — Nat S. McArthur, Ernest U. Breece, W. T. Reaves, W. Carl Averitt, each for a term of six years. Currituck — Carl White, Mrs. Lucille Morgan, J. E. Munden, Jr. Dare — R. H. Gray, R. E. Burrus, each for a term of six years, E. P. White, for a term of four years. Davidson — Dr. F. L. Mock, Dr. P. L. Feezor, Ralph H. Wilson, each for a term of four years, H. Grady Sink, Baxter Carter, each for a period of two years. Davie — J. B. Johnstone, George Evans, Dr. H. M. Hoyle. Durham — Eric L. Tilley, T. O. Sorrell, E. S. Booth, Holland Holton, J. M. Cheek. Duplin — R. M. Carr, for a term of six years. Edgecombe — S. R. Jenkins, M. P. Edwards, George Phillips, each for a term of four years, Dr. W. W. Green. Forsyth — L. A. Reynolds, Frank A. Stith, Charles M. Griffith. Franklin — Dr. H. G. Perry, Mrs. T. H. Dickens, each for a term of six years. Gaston — M. A. Stroup, E. J. Rhyne, John F. Puett, F. A. Whitesides, J. Milton Craig, H. W. Jordan. Gates — H. F. Parker, R. E. Williams, Mrs. Marion R. Nixon. Graham — Roy O. Sherrill, for a term of four years, E. C. Cody, for a term of six years. Granville — J. P. Jenkins, E. G. Hobgood, each for a term of four years, R. L. Noblin, for a term of six years, R. G. Rogers, J. A. Yancey. 38 School Legislation Greene— D. S. Harper, R. P. Lane, Ed S. Taylor, Luby Edwards, W. E. Sugg. Guilford — H. A. Millis, Sidney J. Stern, each for a term of four years, Zack L. Whitaker, for a term of six years, J. H. Joyner, B. T. Coble. Halifax — R. C. Rives, R. L. Applewhite, A. G. Wilcox, Mrs. R. C. Josey, Jr., Mrs. J. T. Thomason. Harnett — H. W. Prince, J. C. Byrd, J. C. Senter. Haj-Tvood — R. T. Messer, for a term of four years, John Best, for a term of six years. Homer V. Cagle. Henderson — O. B. Crowell, for a term of six years. Hertford — W. A. Thomas, George T. Underwood, John C. Taylor. Hoke — Carl G. Riley, N. B. Blue, A. W. Wood, A. D. McPhaul, R. J. Hasty. Hyde — C. Frank Gibbs, S. D. Cox, A. C. Credle. Iredell — S. H. Houston, J. A. Craven, each for a term of four years, L. A. Pope, D. E. Hayes, each for a term of six years, C. H. Knox, J. S. Dobson, W. P. Sharpe, Jr. Jackson — Bragg Cowan, John Bumgarner, Hut Midleton, Garland Dillard, Logan Buchanan. Johnston — C. G. Holt, P. B. Chamblee, each for a term of four years, W. H. Call, for a term of six years. Dr. J. H. Stanley, J. W. Woodard. Jones — Charles Jones, for a term of four years. Lee — D. E. Shaw, for a term of six years. Dr. Waylon Blue. Lenoir — H. L. Sutton, R. G. Hodges, W. B. Becton, D. W. Wood, E. C. Taylor. Lincoln — Dr. W. G. Bandy, T. A. Warlick, Dorsey Rhyne, A. A. Beam, Deck Hager. Macon — D. R. Davis, Roy Phillips, John Norton. Madison — J. Clyde Brown, Lee Ramsey, Wayne Peek, Wiley Roberts, Glenn Gardner. Martin — John W. Eubanks, George C. Griffin, E. H. Ange, each for a term of four years. J. D. Woolard, for a term of six years, J. F. Martin. McDowell — Mecklenburg — B. D. Funderburk, W. B. McClintock, R. E. McDowell, W. E. Potts, D. A. Presley. Mitchell — Clarence H. Hensley, I. J. Woody, each for a term of four years, Tarp Turbyiill, Miss Lydia Holman, W. M. Wiseman. Montgomery — E. R. Wallace, for a term of six years. Moore — W. E. Kelly, W. B. Graham, each for a term of four years, Dr. J. F. Davis, for a term of six years, J. W. Graham, F. M. Von Cannon. Nash — G. L. Jones, John W. Robinson, T. E. Ricks. New Hanover — Dr. J. T. Hoggard, Mrs. C. L. Meister, J. T. Landen, John Marshall, J. C. Roe. Northampton — John W. Parker, J. A. Shaw, E. S. Bowers, W. Harry Stephenson, Dr. W. R. Parker. Onslow — J. W. Burton, R. V. Venters, A. T. Redd, D. B. Sanders, L T. Rawls. Orange — E. Clyde Compton, Ernest L. Lockhart, M. W. Durham. Pamlico — Jarvis V. Brinson, Preston Spruill, each for a term of four years, S. E. McCotter, Ralph Mayo, each for a term of six years, M. D. Powers. Pasquotank — A. W. Stanton, for a term of four years. Pender — A. H. Page, W. W. Pearsall, Jr. School Legislation 39 Perquimans — Shelton Long, J. H. Baker, W. E. Dail, each for a term of four years, T. S. White, J. H. Miller. Person — E. E. Bradsher, R. G. Cole, G. W. Walker, W. R. Wilkerson, N. H. Montgomery. Pitt- — R. H. McLawhorn, for a term of four years, John T. Thorne, W. H. Woolard, each for a term of six years, R. L. Little. Polk — H. P. Sharpe, G. E. Bell, J. Robert Foster, W. B. Feagan, R. M. Hall. Randolph — A. F. Cox, J. A. Martin, each for a term of four years, D. J. Boyles, Charles M. Kennedy, each for a term of six years. Riclunond — Joe A. Howell, for a term of four years. Robeson — A. B. McRae, J. A. Sharpe, Sr., R. P. Edwards, Mrs. L. I. Grantham, Isham Pittman, Tom Lewis, J. C. Standi, Z. V. McMillan, L. E. Hughes. Rockingham — L. W. Matthews, J. L. Roberts, C. P. Wall, T. J. Garrett, W. B. Kiker. Rowan — R. A. Safrit, for a term of six years. Rutherford — W. W. Nanney, for a term of six years. Sampson — J. G. Butler, M. D. Jackson, J. C. Warren, B. E. Jackson, W. E. Peterson. Scotland — W. N. McKenzie, T. L. Henley. Stanly — A. L. Efird, H. W. Gulp, Q. E. C. Coble, C. B. Miller, F. H. Shinn. Stokes — P. O. Frye, Dr. Grady E. Stone, J. W. Priddy. Surry — G. C. Hauser, G. W. Scott, C. A. McNeil, P. N. Taylor, W. T. White. Swain — S. W. Black, Sidney Queen, R. C. Brendle. Transylvania — Dr. Charles L. Newland, Mrs. Flora Holliday, Edgar Reid. Tyrrell — R. S. Knight, Jr., C. Earl Cohoon, C. F. Kemp. Union — L. E. Huggins, C. C. Burris, Ward Laney, H. Grady Hawfield, S. A. Lathan. Vance — J. W. Floyd, T. B. Parham, Jr., each for a term of four years, R. G. Harrison, for a term of six years. Wake — W. C. Riddick, J. P. Hunter. Warren — Harry W. Walker, N. H. Paschall, R. A. King, J. P. T. Harris, F. M. Drake. Washington — C. N. Davenport, Jr., for a term of four years, R. C. Peacock, for a term of six years, W. L. Whitley. Watauga — J. B. Horton, Will C. Walker, Thomas H. Coffey, Jr., Clyde Perry, Chapel Wilson. Wayne — Wilkes — R. R. Church, for a term of six years. Wilson — J. H. Thompson, for a term of six years, Doane Herring, A. D. Williams, each for a term of four years, O. B. Bullock, L. A. Gardner, each for a term of two years. Yadkin — M. V. Fleming, Loyd Craver, Paul P. Davis. Yancey — H. S. Edge, Wilson S. Edwards, J. W. Howell. Sec. 2. The members of the several County Boards of Education ap- pointed by this Act shall qualify by taking the oath of office on or before the first Monday in April, one thousand nine hundred and thirty-seven, and shall, unless otherwise herein provided, hold office for a term of two years from and after the first Monday in April, one thousand nine hundred and 40 School Legislation thirty-seven, and until their successors are elected and qualified, and, together with the members of the Board of Education of the several counties whose terms will not expire on the first Monday in April, one thousand nine hundred and thirty-seven, shall constitute the Board of Education of the respective counties. Sec. 3. That the per diem and mileage of not exceeding five members of the County Board of Education of the several counties of the State shall be borne out of the State school fund; for any number in excess of five, out of the county school fund. Sec. 4. That this Act shall be in force and effect from and after the date of its ratification. In the General Assembly read three times and ratified, this the 23 day of March 193 7. VACANCIES IN OFFICE OF COUNTY BOARD OF EDUCATION 5416. Vacancies in office. All vacancies in the membership of the Board of Education in such counties by death, resignation, or otherwise shall be filled by the action of the County Executive Committee of the political party of the memher causing such vacancy until the meeting of the next regular ses- sion of the General Assembly, and then for the residue of the unexpired term by that body. If the vacancy to be filled by the General Assembly in such cases shall have occurred before the primary or convention held in such County, then and in that event, nominations for such vacancies shall be made in the manner hereinbefore set out, and such vacancy shall be filled from the candidates nominated to fill such vacancy by the party primaries or conven- tion of such County. All vacancies that are not filled by the County Execu- tive Committee under the authority herein contained within thirty days from the occurrence of such vacancies shall be filled by appointment by the State Board of Education. (C. S. 5408.) 1923, c. 136, s. 16; 1931, c. 380, ss. 1, 2. TEXT-BOOKS FOR ELEMENTARY GRADES Sec. 3 20. State Board of Education adopts. The State Board of Educa- tion is hereby authorized to adopt, for the exclusive use in the public elemen- tar-y schools of North Carolina supported wholly or in part out of the public funds, text-books and publications, including instructional materials, to meet the needs of such schools in each grade and on each subject-matter in which instruction is required to be given by laiv. And six months before the ex- piration of the contracts now in force it shall adopt for a period of five years from a multiple list submitted by the Text-book Commission, as here- inafter provided, two basal primers for the first grade and two basal readers for each of the first three grades, and one basal book or series of books on all other subjects contained in the outline course of study for the elementary grades where a basal book' or books are recommended for use: School Legislation 41 Provided, the State Board of Education may enter into contract with a publislier for a period less than five years, if any advantage may accrue to the scliools as a result of a sliorter contract than five years. C. S. (Ill), 5730; 1933, c. 464, s. 1. Sec. 3 21. Books adopted for an indefinite period. At the expiration of the contract now existing between the State Board of Education and the publisher for any particular book or books, the State Board of Education, upon satisfactory agreement with the publisher, may continue the con- tract for any particular book or books indefinitely; that is, for a period not less than one nor more than five years. The State Board of Education may, at any time it finds a book unsatis- factory, call for a new report from the Text-book Commission on that sub- ject adopted for an indefinite length of time. Moreover, the Text-book Commission at any time, with the approval of the State Superintendent of Public Instruction, may recommend to the State Board of Education that a given book adopted indefinitely is unsatisfactory or may be greatly im- proved by the adoption of a new book or books. In the event that a change of text-books contracted for for an indefinite length of time is deemed necessary by the State Board of Education or by the Text-book Commission, the publisher shall be given at least three months notice prior to the first of May, and at the expiration of which time the State Board of Education is authorized to adopt from a list sub- mitted by the Text-book Commission a new book or books on said subject. Moreover, the publisher of any text-book desiring to end a contract that has been extended indefinitely shall give the State Board of Education at least three months notice prior to the first day of May. In either event, when it becomes necessary to substitute a new book for an old one on the adopted list, the State Board of Education shall call for new recommen- dations from the Text-book Commission on that book and proceed as in the first instance. C. S. (Ill), 5731. ■ ■ Sec. 3 22. Classification of text-books. The text-books in use in the public schools are hereby divided into two classes: (1) major subjects, which include readers, arithmetics, language and grammar, history and geography; and (2) all other books on all other subjects shall be con- sidered as minor subjects. C. S. (Ill), 5732. Sec. 3 23. Basal and supplementary books. That all text-hooks to be adopted dy the State Board of Education shall &e basal books or supiJlemen- tary books necessary to complete the course of study. C. S. (Ill), 5733; 1933, c. 464, s. 2. Sec. 324. Adoption of supplementary books. The State Board of Educa- tion is hereby authorized to select and adopt all supplementary books and instructional material necessary to complete the course of study for all schools. Such supplementary books shall neither displace or (nor) be used to the exclusion of basal books. C. S. (Ill), 5734; 1933, c. 464, s. 3. 42 School Legislation Sec. 325. The Text-Book Commission. The Governor and the Superin- tendent of Public Instruction shall appoint a Text-book Commission com- posed of seven members to be selected from among the teachers, super- visors, principals, and superintendents actually engaged in school work in the State, to serve for five years or until their successors are appointed and qualified, and the Governor and Superintendent of Public Instruction shall have authority to fill any vacancy that may occur in the Text-book Commis- sion, or to remove for sufficient cause any member of the Commission. c. S. (Ill), 5735. Sec. 3 26. Organization of commission. Immediately after the appoint- ment of the Text-book Commission the Superintendent of Public Instruc- tion shall cause said Text-book Commission to meet in his office and or- ganize by electing a chairman and secretary, and shall adopt such rules and regulations to govern their work as may be deemed necessary, subject to the approval of the State Superintendent of Public Instruction. The work of the Text-book Commission shall then be apportioned among the mem- bers, and the rules and regulations governing its work shall be published in the daily papers, and a copy shall be sent to all publishers that may sub- mit bids and samples of books for adoption. The several members of the Text-book Commission may work independ- ently, seeking information from every legitimate source, but if the mem- bers of the Text-book Commission receive information from representatives of book companies they shall keep a record of each such visit and the pur- pose of the visit. C. S. (Ill), 5736. ■ • Sec. 3 27. Compensation of commission. Bach member of the Text-book Commission shall be paid out of any funds under the control of the State Board of Education upon the approval of the budget bureau, on the requi- sition of the Superintendent of Public Instruction, two hundred dollars ($200) for services, and, in addition, the necessary traveling expenses authorized by the Superintendent of Public Instruction. Provided, that the chairman of this Commission shall be paid two hundred and twenty- five dollars ($225). The members so appointed shall serve for a period of five years, or until their successors are appointed, and shall be subject to the call of the Stato Board of Education at any time during their term of service: Provided further, that for any service rendered more than one year after appointment each member shall be paid a per diem of five dol- lars ($5) and necessary traveling expenses. . ; • C. S. (Ill), 5737. Sec. 328. Duties of commission. The Text-book Commission shall first prepare, subject to the approval of the Superintendent of Public Instruction, and publish at the expense of the State, an outline course of study setting forth what subjects shall be taught in each of the elementary grades. It shall give in outline the number of basal and supplementary books on each subject to be used in each grade in accordance loith the laio. All text-books which are to be adopted by the State Board of Education shall be basal books or supplementary books. After the outline course of study has been prepared and published, the Text-book Commission shall then prepare a mriltiple list of basal books to be School Legislation 43 submitted to the State Board of Education. The multiple list shall contain not less than four nor more than eight books or series of books on all subjects for each grade. On or before February first, one thousand nine hundred and twenty-two, the chairman of the Text-book Commission shall submit to the Superin- tendent of Public Instruction a report setting forth the multiple list of books that have been selected in conformity with the outline course of study. No book shall be included in the multiple list that a majority of the Text-book Commission deems unsuitable, or that does not conform to the outline course of study. The Text-book Commission shall report whether any of the major sub- jects containing a series of books may be divided, taking one part from one series and another part from another series of books on the same subject, and the Commission's report in this respect shall be binding on the State Board of Education. C. S. (Ill), 5738; 1933, c. 464, s. 4. Sec. 32 9. State Board of Education makes all contracts. The State Board of Education shall make all needful rules and regulations governing the advertisement for bids, when and how prices shall be submitted, when and how sample books for adoption shall be submitted, the nature of the contract to be entered into between the State Board of Education and the publishers, the nature and kind of bond, if any is necessary, and all other needful rules and regulations governing the adoption of books for all public schools not otherwise specified in this Act. After a contract has been entered into between the State Board of Education and the publisher, if the publisher shall fail to keep its contract as to prices, distribution of books, etc., the Attorney-General shall bring suit against said company, when requested by the State Board of Education, for such amount as may be sufficient to enforce the contract or to compensate the State because of the loss sustained by a failure to keep this contract. C. S. (Ill), 5739; 1933, c. 464, s. 5. Sec. 329(a). That the said Board of Education be and it is hereby authorized and empowered in its discretion to purchase and /or acquire a manuscript or manscripts for school text-books or supplementary books used or to be used in any or all grades of the public schools of North Carolina and to procure the printing and publishing of such books under contract throtigh competitive bids or otherwise as it may in its discretion determine to be for the best interest of the public schools of the State; and if said Board of Education finds that by the acquisition of any such manuscript or manu- scripts, and that by the making of any such contract for any such school books, either basal or supplementary, such books can be furnished to the public schools of the State at a price less than the same may be acquired from publishers, then it shall be the duty of said Board of Education to acquire such manuscripts and cause the same to be published and said books to be distributed in accordance with such rules and regulations and under such terms and conditions as it may deem advisable, having due regard to the standard of the school books so published, after taking into consideration the substance of such books and their adaptability for use in the schools of the State. 1933, c. 464, s. 6. 44 School Legislation Sec. 339(b). The State Board of Education is authorized and empotcered to make and enter into all such contracts as may be necessary to provide for the proper distribution of text-boohs either through a depository or deposi- tories, or through the State Division of Purchase and Control or other State agency, utilizing County Boards of Education or City Boards of Trustees, if found feasible, for local distribution, as to it may seem advisable ; and is further authorized and empotvered to make all needed rules, regulations and contracts governing the disposition, sale, and return of school books as are not disposed of to the patrons of the schools, and to determine the nature of the contract or contracts to be entered into betioeen the State Board of Education and the publisher or publishers, for the distribution of school text- books adopted by it or in use in ariy of the public schools of the State. It may also determine the nature and kind of bond, if necessary, to be given by any depository or other agency carrying out the terms of this Act, to the end that school text-books shall be delivered to the patrons of the schools at the lowest possible net cost. , . 1933, c. 464, s. 7. Sec. 3 30. Not more than one major subject to be changed in any one year. At the expiration of the present contracts between the State Board of Education and the publishers not more than one major and two minor subjects shall be changed in any one year, provided satisfactory arrange- ments as to prices and distribution may be made. C. S. (Ill), 5740. Sec. 331. Publishers to register all agents or employees. Publishers submitting books for adoption shall register in the office of the State Superintendent of Public Instruction all agents or other employees of any kind authorized to represent said company in the State, and this regis- tration list shall be open to the public for inspection. C. S. (Ill), 5741. Sec. 33 2. Contracts now in force not affected. All contracts heretofore entered into between publishers and the State of North Carolina shall in no wise be affected by amendments to Chapter 145, Public Laws 1921. C. S. (Ill), 5742. AN ACT TO PROMOTE ECONOIVIY AND EFFICIENCY IN THE OPERA- TION OF THE PUBLIC HIGH SCHOOLS OF THE STATE OF NORTH CAROLINA BY PROVIDING FOR A UNIFORM ADOPTION OF HIGH SCHOOL TEXT-BOOKS. The General Assembly of North Carolina do enact: Section 1. That the State Board of Education is hereby authorized to adopt text-books for the use in all public high schools of the State, sup- ported in whole or in part out of the public funds, and the high school text- books adopted by the State Board of Education in accordance with the pro- visions of this Act shall be used by all the public high schools of the State. Sec. 2. That the Governor and the State Superintendent of Public In- struction, at the expiration of the present high school text-book contracts, School Legislation 45 shall appoint a State Committee on high school text-books, consisting of five membei's, five of whom are actively engaged in school work, who shall serve for a term of five years without compensation except for reimburse- ment out of the State Treasury upon the requisition of the State Superin- tendent of Public Instruction for actual expenses incurred by attendance upon meetings of the committee that may be called by or under the di- rection of the State Superintendent of Public Instruction. Sec. 3. That it shall be the duty of the State Committee on high school text-books to list all the high school fields of instruction in five separate groups as nearly equal as possible in the cost of text-books. The committee on high school text-books shall further arrange these groups in the order in which they will be considered, and notify the State Board of Education in its first report of this arrangement. During the first year of its term of office, it shall be the further duty of the State Committee on high school text-books to make a thorough examination of any and all books submitted by any publisher in the first group of fields of instruction as arranged by said State Committee on high school text-books, with a view of determining whether the contents, quality and price of said books are such as to make them suitable and desirable for use in the public high schools of the State, and submit, not later than the first day of January, one thousand nine hundred and thirty-four, a multiple list not exceding three books in each field of instruction in the first group. Not later than January first in each succeeding year, the State Committe on high school text-books shall make a similar report on the fields of instruction in order fixed by it, unless it receives a notice from the State Board of Education prior to May first in said year that such report is not desired. Sec. 4. That it shall be the duty of the State Board of Education to select one book in each field of instruction from the multiple list submitted by the State Committee on high school text-books for exclusive use in the public high schools of the State for a period not less than five years. In case the State Board of Education finds it impossible to make a satisfac- tory contract for any one of the books on the multiple list, then it shall notify the State Committee on high school text-books that it cannot make a satisfactory contract for any book on the multiple list in that field of instruction. The State Committee on high school text-books shall then submit another multiple list in that field of instruction from which the State Board of Education shall make an adoption. It shall be the further duty of the State Board of Education to make an indefinite contract with all the publishers having books in groups two, three, four, and five for a period not less than one year nor more than five years, and these books shall continue in use until the State Board of Education, in accordance with the provisions of this Act, shall adopt a book for State-wide use in any given field of instruction: Provided, that the contract shall require each publisher to report annually to the State Board of Education the total sales of each book in the State of North Carolina. Sec. 5. That after a contract has been entered into between the State Board of Education and the publisher, if the publisher shall fail to keep its contract as to prices, distribution of books, an adequate supply of the edi- tion of books as adopted, etc., the Attorney-General shall bring suit against 46 School Legislation said company when requested by the State Board of Education, for such an amount as may be sufficient to enforce the contract or to compensate the State because of the loss sustained by failure to keep this contract. Sec. 6. That if the publishers of any high school text-books on the adopted list in this State shall contract with another state, or with any county, city or town or other municipality, or shall place its books on sale anywhere in the United States, for or at a less price than that in its con- tract with the State of North Carolina, it shall be, and is hereby made a part of the contract of that company to furnish that book to the high schools of this State at a price not to exceed that for which the book is furnished, sold, or placed on sale in any other state, or in any such other county, city, town or other municipality. Sec. 7. That the text-books for high school instruction adopted under the provisions of this Act shall be for the exclusive use of the high schools of this State when so adopted and placed upon the approved list in the manner as set out in this Act. Sec. 8. That this article shall become a part of the Public School Laws of the State of North Carolina and that any sections which conflict with sections herein are hereby repealed. Sec. 9. That this Act shall be in force and effect from and after its ratification. ; , . . 1931, c. 359. AN ACT TO REQUIRE THE PUBLIC SCHOOLS OF THE STATE TO FURNISH ADEQUATE AND SCIENTIFIC INSTRUCTION IN THE SUBJECT OF ALCOHOLISM AND NARCOTISM. The General Assembly of North Carolina do enact: Section 1. In addition to health education, which is now required by law to be given in all schools supported in whole or part by public money, thorough and scientific instructions shall be given in the subject of alco- holism and narcotism. The State Superintendent of Public Instruction is hereby authorized and directed to prepare, or cause to be prepared, for the use of all teachers who are required by this Act to give instructions in the subject of alcoholism and narcotism, a course of study on health education, which shall embrace suggestions as to methods of instruction, outlines of lesson plans, lists of accurate and scientific source material, suggested adaptations of the work to the needs of the children in the several grades, and shall specify the kind of work to be done in each grade, and the amount of time to be devoted to such instruction. The State Text-book Commission and the State Board of Education shall be authorized, directed and empowered to select, approve, and adopt a simple, scientific text-book, ivhich text-hook shall be free from political propaganda and approved by the State Board of Health and the faculty of the Medical School of the University of North Carolina, on the effects of alcoholism and 'mmmmmmmmm School Legislation 47 narcotism on the human system, and/or a different or revised text on "Health," which shall contain chapters giving complete, detailed, and scien- tific information on the subjects, to be taught as a unit of work every year in the appropriate elementary grade, or grades, of the public schools of North Carolina. Adequate time shall be given to teach the subject efficiently. The work in the subject of alcoholism and narcotism shall be a part of the work required for promotion from one grade to another: Provided, also, that pro- vision shall be made in the course of study prepared by the State Department of Public Instruction for teachers, aides and devices for the assistance of teachers in teaching the effects of alcoholism and narcotism on the human system. Sec. 2. In all normal schools, teacher training classes, summer schools for teachers, and other institutions giving instruction preparatory to teaching or to teachers actually in service, adequate time and attention shall be given to the best methods in teaching health education, with special reference to the nature of alcoholism and narcotics. Sec. 3. It shall be the duty of all officers and teachers, principals and superintendents in charge of any school or schools, comprehended within the meaning of this Act, to comply with its provisions; and any such officer or teacher who shall fail or refuse to comply with the requirements of this Act, shall be subject to dismissal by the proper authorities. Sec. 4. This Act shall be in full force and effect from and after its ratification. 1929, c. 96; 1935, c. 404. AN ACT TO PROVIDE A RENTAL SYSTEM FOR TEXT-BOOKS USED IN THE PUBLIC SCHOOLS OF THE STATE AND TO PROMOTE ECON- OMY AND EFFICIENCY IN THE ADOPTION OF TEXT-BOOKS. The General Assembly of North Carolina do enact: Section 1. The Governor Appoints: There is hereby created a State Text-book Purchase and Rental Commission of five members, as follows: The State Superintendent of Public Instruction as ex-officio chairman, the Attorney-General, the Director of the Division of Purchase and Contract, and two members, to be appointed by the Governor, for a term of two years each. Said appointive members to receive such compensation as the law provides for members of the State School Commission. The expense and cost of said Commission shall be paid out of the appropriation made available by this Act. Sec. 2. Powers and duties of Conunission. The said Text-book Purchase and Rental Commission is hereby authorized, empowered, and directed to promulgate rules and regulations necessary to: (1) Acquire by contract, and/or purchase, such text-books and instruc- tional supplies, which are, or may be on the adopted list of the State Standard Course of Study, as the Commission may find necessary to supply the needs of the children in the public schools of the State. 48 School Legislation (2) Provide a system of distribution of said text-books and supplies to the children In the public schools of the State, and shall distribute such books as are provided under the rental system without the use of any depository other than some agency of the State. (3) Provide for uniform rental charge for said text-books and supplies to the children in attendance upon the public schools of the State. Said rental charge shall be collected annually in an amount not to exceed one- third of the cost of said text-books and supplies: Provided nothing herein shall be construed to prevent the purchase of text-books from said Commis- sion needed for any child in the public schools of the State, by any parent, guardian, or person in loco i:)arenHs. (4) Provide for the use of said text-books without charge to the indi- gent children of the State. (5) Adopt, provide and distribute all blanks, forms and reports neces- sary to keep a careful check and record of all the books, supplies distri- buted, rentals collected, indigents furnished, condition and repairs of books, and such other information as said Commission may require, to the end that an accurate and complete inventory of the affairs of said Commis- sion may be available at all times to the Governor and Council of State. (6) Cause an annual audit to be made of the affairs of the said Commis- sion and a certified copy of same to be furnished the Governor and Council of State. (7) Books shall not be interchangeable between the white and colored schools, but shall continue to be used by the race first using same. Sec. 3. Purchase and contract. The purchase of all text-books and sup- plies under the provisions of this Act adopted as now provided by law shall be made through the Division of Purchase and Contract. Sec. 4. Rentals paid to State Treasury. All sums of money collected as rentals under the provisions of this Act shall be paid monthly as collected into the State Treasury, to be entered as a separate item known as the "State Text-book Rental Fund." Disbursement of said funds shall only be had by order of the Council of State; provided further, that the State Text- book Purchase and Rental Commission in conjunction with the State Board of Health shall adopt rules and regulations governing the use and fumiga- tion for the regular disinfection of all text-books used in the public schools of the State. Sec. 5. Any County or City Board of Education now operating a text- book rental system shall be permitted to continue such local rental system without interference from the State Commission: Provided, that the rental fees charged by such local rental authority shall not exceed the rental charges set by the State Commission: Provided further, that such local text-book rental authority may purchase from the State Commission text- books for its local use. Sec. 6. Appropriation and issuance of Short-term Notes: (1) For the purpose of carrying out the provisions of this Act there is hereby appropriated out of the public revenues of the State a sum of one million five hundred thousand dollars ($1,500,000). (2) The Treasurer, with the approval of the Council of State, is hereby School Legislation 49 authorized, empowered and directed to issue short-term notes, pledging the full faith and credit of the State, in such amounts, length of term and rate of interest as shall be most advantageous to the State, but in no event shall the total sum of such notes exceed the sum of one million five hun- dred thousand dollars. (3) The full faith credit and taxing power of the State are hereby pledged for the payment of the principal and interest of the notes herein authorized. (4) The coupons, if any, appurtenant to such notes, shall be receivable after maturity in payment of all taxes, debts, dues, licenses, fines and de- mands due the State of any kind whatsoever. (5) All of such notes and coupons shall be exempt from all State, County and Municipal taxation or assessments, direct or indirect, general or special, whether imposed for the purpose of general revenue or other- wise, and the interest on such notes shall not be subject to taxation as for income, nor shall such notes or coupons be subject to taxation when con- stituting a part of the surplus of any bank, trust company, or other cor- poration. (6) It shall be lawful for all executors, administrators, guardians and fiduciaries generally, and all sinking fund commissions, to invest any moneys in their hands in such notes. Sec. 7. All laws and clauses of laws in conflict with the provisions of this Act, to the extent of such conflict, are hereby repealed. Sec. 8. This Act shall be in full force and effect from and after its ratification. 1935, c. 422. ■ AN ACT SUPPLEMENTAL TO AND AMENDING CHAPTER FOUR HUN- DRED TWENTY-TWO, PUBLIC LAWS OF ONE THOUSAND NINE HUNDRED THIRTY-FIVE, AND TO PROVIDE FREE BASAL TEXT- BOOKS TO THE ELEMENTARY SCHOOL CHILDREN OF THE STATE, AND TO CONTINUE THE RENTAL SYSTEM FOR HIGH SCHOOL BOOKS AND SUPPLEMENTARY READERS. The General Assembly of North Carolina do enact: Section 1. State Textbook Commission. There is hereby created a State Textbook Commission of five members to be composed as follows: The State Superintendent of Public Instruction, ex-oflicio chairman; the Attorney General, the Director of the Division of Purchase and Contract, and two members to be appointed by the Governor for a term of two years each. The said appointive members are to receive as compensation such per diem and travel expenses as is now provided by law. All the powers and duties heretofore conferred by law upon the State Textbook Purchase and Rental Commission, together with such other powers and duties as may be conferred by the provisions of this act shall be vested in the State Textbook Commission. The expenses and costs of the Commission for carrying out the provisions of this act are to be paid out of the appro- priation made available in section seven of this act. 50 School Legislation Sec. 2. Duties of the Commission. The State Textbook Commission is hereby authorized and empowered to administer funds and to establish rules and regulations necessary to: (1) Acquire by contract and/or purchase such textbooks that are or may be on the adopted list of the State of North Carolina as the Com- mission may find necessary to carry out the provisions of this Act: (2) Provide a system of distribution of said textbooks so that they may be available for the children of the public schools when this measure may be put into effect as hereinafter provided. (3) Provide for the free use, including the proper care and return thereof, of elementary basal textbooks to such grades of the elementary public schools of North Carolina as may be determined by the State Text- book Commission. Title to said books shall be vested in the State. For the purposes of this act, the elementary grades shall be considered the grades from one to seven, inclusive. The basal elementary textbooks in the hands of the State Textbook Purchase and Rental Commission, when this measure is put in effect, shall become a part of the stock of books needed to carry out the provisions of this Act. (4) Provide books for high school children in the public high schools of North Carolina on a rent?l basis as now provided in Chapter Four Hundred and Twenty-Two, Public Laws of One Thousand Nine Hundred Thirty-Five: Provided, that free basal books may be furnished to high school children if sufficient funds are available and if the commission finds it advisable to take such action: (5) Provide supplementary readers for the elementary children in the public elementary schools of North Carolina on a rental basis, as provided for in Chapter Four Hundred and Twenty-Two, Public Laws of One Thousand Nine Hundred Thirty-Five: (6) Provide and distribute all blanks, forms, and reports necessary to keep a careful record of all the books, including their use, state of repair and such other information as the commission may require. Sec. 3. The County Board of Education in each County Administrative Unit and the school governing board in each City Administrative Unit shall be designated the legal custodians of all books furnished by the State, either for free use or on a rental basis. It shall be the duty of the said boards to provide adequate and safe storage facilities for the proper care of said books. Sec. 4. It shall be the duty of the Superintendent of each Administra- tive Unit as ex-officio agent of the Commission to administer the provisions of this act and the rules and regulations of the State Textbook Com- mission in so far as said act and said rules and regulations may apply to said unit. He shall also have authority to require the cooperation of principals and teachers to the end that the children may receive the highest possible service, and that all books and monies may be properly accounted for. In the event any teacher or principal shall fail to comply with the provisions of this section, it shall be the duty of the superin- tendent to withhold the salary checks of said principal or teacher until the duties imposed hereby have been performed. School Legislation 51 Sec. 5. Any unexpended portion of the appropriation and revenues provided for in Chapter Four Hundred Twenty-Two, Public Laws of One Thousand Nine Hundred Thirty-Five, shall be available to the commission during the next biennium for carrying out the provisions of this act, or of the provisions of Chapter Four Hundred and Twenty-Two, Public Laws of One Thousand Nine Hundred and Thirty-Five not in conflict with the provisions of this Act. These funds shall be in addition to the proceeds of bonds authorized by this Act. Sec. 6. It is the purpose of this Act to supplement the provisions of Chapter Four Hundred Twenty-Two, Public Laws of One Thousand Nine Hundred and Thirty-Five, not in conflict herewith, and any provisions of Chapter Four Hundred Twenty-Two, Public Laws of One Thousand Nine Hundred and Thirty-Five in conflict with the provisions hereof, are hereby repealed. Sec. 7. To provide a fund for the purpose of purchasing books and carrying out the provisions of this act, the Treasurer of the State is authorized and directed, by and with the consent of the Governor and Council of State, to issue and sell at one time, or from time to time, bonds of the State in an amount not exceeding one million five hundred thousand dollars ($1,500,000.00). Sec. 8. The bonds authorized and directed to be issued by the preceding section shall be coupon bonds of such denomination, or denominations, as may be determined by said State Treasurer, and shall bear such date or dates, and such rate or rates of interest not exceeding five per centum (5%) per annum, payable semi-annually, as may be fixed by the Governor and Council of State, and shall mature in equal annual instalments begin- ning five years and ending twenty-four years from date. If all of such bonds shall not be issued at one time, the bonds issued at any one time shall mature as above provided. The bonds shall be signed by the Gover- nor of the State and State Treasurer, and sealed with the Great Seal of the State. The coupons thereon may be signed by the State Treasurer alone, or may have a facsimile of his signature printed, engraved, or lithographed thereon, and the said bonds shall in all other respects be in such form as the State Treasurer may direct; said bonds shall be subject to registration as is now or may hereafter be provided by law for State bonds; and the coupons thereon shall, after maturity, be receivable in payment of all taxes, debts, dues,' licenses, fines and demands due the State of North Carolina, of any kind whatsoever. Before selling any of the bonds herein authorized to be issued, the State Treasurer shall adver- tise the sale and invite sealed bids in such manner as in his judgment may seem to be most effectual to secure the par of said bonds at the lowest rate of interest. Sec. 9. The said bonds and coupons shall be exempt from all State, county or municipal taxation or assessment, direct or indirect, general or special, whether imposed for the purpose of general revenue or other- wise, and the interest paid thereon shall not be subject to taxation as for income, nor shall said bonds and coupons be subject to taxation when constituting a part of the surplus of any bank, trust company, or other 52 School Legislation corporation, and it shall be lawful for all executors, administrators, guardians, or other fiduciaries generally, and all sinking fund commis- sioners, to invest in said bonds. Sec. 10. The full faith and credit and taxing power of the State are hereby pledged for the payment of the principal and interest of the bonds herein authorized. Sec. 11. This Act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified, this the 15th day of March, 1937. AN ACT TO INCORPORATE THE NORTH CAROLINA STATE THRIFT SOCIETY. The General Assembly of North Carolina do enact: Section 1. That in order to better provide for the education of the school children of the State in the principles and practice of thrift and saving, and in order to aid them in making better provision for their future advanced education, there is hereby created under the patronage and control of the State a nonstock corporation to be known as the North Carolina State Thrift Society. ! . . , i Sec. 2. The charter of the Society shall be perpetual. Sec. 3. The membership of the Society shall be identical with the mem- bership of the Governing Board, which shall consist of sixteen Directors. The State Treasurer, the Superintendent of Public Instruction, the Presi- dent of the North Carolina Bankers Association and the President of the University of North Carolina shall throughout their terms of office be ex- officio members of the Board. The remaining twelve members of the Board shall be appointed by Ihe Governor for successive terms of four years each, and shall be equally divided betwen the business and financial and the educational interests of the State, six members to each of the named groups, provided that at least four of those representing business must be experienced bankers. Sec. 4. In the event of a vacancy occurring before the expiration of the terms of office of any Director, the Board by a majority vote of its full membership, including ex-ofiicio members, shall have power to elect per- sons to fill out the unexpired terms. , .. . ,, ; Sec. 5. The officers of the Society shall be elected by the Board, and shall include a president, vice-president, secretary, treasurer and auditor. The treasurer of the Society shall be responsible for the funds of the Society, and shall furnish good and sufficient surety in such amount as may be fixed from time to time by the Board of Directors. Sec. 6. The Society shall have power and authority to purchase, lease and otherwise acquire such real and personal property as may be deemed School Legislation 53 useful to the prosecution of the objects for which it is created. It may sell and dispose of the same and may hold or may sell and convey such property also as may be taken in whole or partial satisfaction of any debt due to it. It may also receive gifts of money and property to be applied to its corpo- rate purposes. Sec. 7. The Society may receive deposits of the funds of children and others attending any of the public schools or colleges of North Carolina, as provided in Chapter 481 of the Public Laws of North Carolina in 1933, entitled "An Act to provide for instruction in thrift and saving in the pub- lic schools of the State," and subject to repayment on terms established by the Board, provided that no individual account may exceed $1,000. Sec. 8. The funds in the Treasurer's hands may he deposited by him, to his credit, with banks which are members of the Federal Deposit Insurance Corporation. In no case may the amount in any one bank exceed the amount covered by insurance. The interest accruing and paid on such deposits shall be added to the funds of the Society. Sec. 9. Neither deposits in the Society nor its property investments and assets shall at any time be subject to taxation by the State of North Caro- lina or any of its subdivisions, except that gift, inheritance or estate taxes may be levied on the transfer of private deposits in the Society. Sec. 10. (Repealed.) Sec. 11. The funds of the Society may. at the discretion of the Board, be ini-