SCHOOL LEGISLATION 
 1943 
 
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PUBLICATION No. 244 
 
 SCHOOL 
 LEGISLATION 
 
 OF 
 
 1943 
 
 Issued By The 
 
 STATE SUPERINTENDENT OP PUBLIC INSTRUCTION 
 
 RALEIGH, NORTH CAROLINA 
 
INTRODUCTORY NOTE 
 
 This bulletin contains the public school legislation enacted by the 
 General Assembly of 194 3, including the School Machinery Act and other 
 laws amended at this session of the Legislature. This pamphlet, then, 
 together with publications Nos. 230 and 131 make the complete school law 
 of the State. After "The North Carolina Code of 1943" is printed, we 
 hope that all the school laws may be printed in one publication. 
 
 State Superintendent of Public Instruction. 
 
 March 26, 1943. 
 
ADMINISTRATIVE ORGANIZATION 
 
 (SUBCHAPTER II, CHAPTER 95, C. S. Ill, 1924) 
 
 ART. 2. THE STATE BOARD OF EDUCATION 
 
 5394. Repealed. 
 
 1943, c. 721, s. 2. 
 
 5395. Powers and duties of the board. The State Board of Educa- 
 tion shall succeed to all the poicers and trusts of the President and Directors 
 of the Literary Fund of North Carolina and the State Board of Education as 
 heretofore constituted. The State Board of Education shall have power to 
 divide the State into a convenient number of school districts; to regulate the 
 grade, salary and qualifications of teachers; to provide for the selection and 
 adoption of the textbooks to be used in the public schools; to apportion and 
 equalize the public school funds over the State; and generally to supervise 
 and administer the free public school system of the State and make all need- 
 ful rules and regulations in relation thereto. All the powers enumerated in 
 this section shall be exercised in conformity with the Constitution and subject 
 to such laics as may be enacted from time to time by the General Assembly. 
 
 1943, c. 721, s. 3. 
 
 539 6. State Board of Education. The general supervision and ad- 
 ministration of the free public school system, and of the educational funds 
 provided for the support thereof, shall, from and after the first day of April, 
 one thousand nine hundred and forty-three, be vested in a State Board of 
 Education to consist of the Lieutenant Governor, State Treasurer, the Super- 
 intendent of Public Instruction, and one member from each Congressional 
 District to be appointed by the Governor. The State Superintendent of Public 
 Instruction shall have general supervision of the public schools and shall be 
 secretary of the board. There shall be a comptroller appointed by the board, 
 subject to the approval of the Governor as Director of the Budget, who shall 
 serve at the will of the board and who, under the direction of the board, shall 
 have supervision and management of the fiscal affairs of the board. The 
 appointive members of the State Board of Education shall be subject to con- 
 firmation by the General Assembly in Joint Session. A majority of the 
 mentbers of said board shall be persons of training and experience in business 
 and finance, who shall not be connected with the teaching profession or any 
 educational administration of the State. The first appointments under this 
 section shall be members from odd numbered Congressional Districts for two 
 years, and members from even numbered Congressional Districts for four 
 years, and, thereafter, all appointments shall be made for a term of four 
 years. All appointments to fill vacancies shall be made by the Governor for 
 the unexpired term, wliich appointments shall not be subject to confirmation. 
 The board shall elect a chairman and a vice chairman. A majority of the 
 board shall constitute a quorum for the transaction of business. The per diem 
 and expenses of the appointive members of the board shall be provided by the 
 r— General Assembly. 
 
 ^. 1943, c. 721, s. 4. 
 
 ^0 5397. Officer; quorum; meetings; expenses. All the proceedings of 
 the Board shall be recorded in a well-bound and suitable book, which shall 
 
 d 
 
 V 
 
4 School Legislation of 1943 
 
 be kept in the office of the Superintendent of Public Instruction. (C. S. 
 5387.) 
 
 Rev., s. 4032; Code, s. 2505; 1881, c. 200, s. 3. 
 
 53 98. Reports to general assembly. The State Board of Education 
 shall report to the general assembly the manner in which the State 
 Literary Fund has been applied or invested, with such recommendations 
 for the improvement of the same as to it shall seem expedient. (C. S. 
 5388.) 
 
 Rev., s. 4034; Code, s. 2507 ; R. C, e. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 567, s. 1. 
 
 53 99. Investments. The State Board of Education is authorized to 
 invest in North Carolina four per cent bonds or in other safe interest- 
 bearing securities, the interest on which shall be used as may be directed 
 from time to time by the general assembly for school purposes. (C. S. 
 
 5389.) 
 
 Rev., s. 4035; 1891, c. 369. 
 
 5400. State Treasurer keeps accounts of, and reports to general 
 assembly. The State Treasurer shall keep a fair and regular account of 
 all the receipts and disbursements of the State Literary Fund, and shall 
 report the same to the general assembly at the same time when he makes 
 his biennial account of the ordinary revenue. (C. S. 5390.) 
 
 Rev., s. 4034; Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 567, s. 1. 
 
 5401. Acceptance of federal aid for physical education. The State 
 Board of Education is authorized to accept any federal funds that may be 
 appropriated now or hereafter by the federal government for the en- 
 couragement of physical education and to make all needful rules and 
 regulations for promoting physical education. 
 
 1921, c. 146, s. 14. 
 
THE SCHOOL MACHINERY ACT 
 
 CHAPTER 358, PUBLIC LAWS OF 1939, AS AMENDED BY 
 ACTS OF THE GENERAL ASSEMBLIES OF 1941 AND 1943 
 
 AN ACT TO PROVIDE FOR THE ADMINISTRATION AND OPERATION 
 OF A UNIFORM SYSTEM OF PUBLIC SCHOOLS OF THE STATE FOR 
 THE TERM OF NINE MONTHS WITHOUT THE LEVY OF AN AD 
 VALOREM TAX THEREFOR. 
 
 The General Assembly of North Carolina do enact: 
 
 Section 1. (a) Purpose of the Act. The purpose of this Act is to 
 provide for the administration and operation of a uniform system of public 
 schools of the State for the term of nine months without the levy of an 
 ad valorem tax therefor, and it is the purpose of this General Assembly to 
 change the policy heretofore followed by previous General Assemblies of 
 reenacting biennially the School Machinery Act, and this Act shall remain 
 in force until repealed or amended by subsequent Acts of the General As- 
 sembly. 
 
 (b) Appropriation. That the appropriation made under Title nine 
 "(IX-1) - Support of Eight Months' Term Public Schools," of "An Act to 
 Make Appropriations for the Maintenance of the State's Departments, 
 Bureaus, Institutions, and Agencies, and for Other Purposes," and such funds 
 as may be made available by Acts of the Congress of the United States for 
 public schools, and such other funds as may be made available from all other 
 sources for the support of the nine months' term public schools, for the year 
 ending June thirtieth, one thousand nine hundred forty, and annually there- 
 after, shall be apportioned for the operation of an eight months' school term 
 as hereinafter provided. 
 
 That for the support of the ninth month of the public school term, which 
 is provided for under Section one, by virtue of the amendment therein of 
 Section four of Chapter three hundred and fifty-eight of the Public Laws of 
 one thousand nine hundred and thirty-nine, to provide for a minimum school 
 term of one hundred and eighty days, there is hereby appropriated the sum 
 of three million four hundred fifty-four thousand eight hundred and forty-five 
 dollars ($3,454,845.00) for the fiscal year one thousand nine hundred and 
 forty-three - forty-four and three million five hundred fifty-nine thousand four 
 hundred and sixty-three dollars ($3,559,463.00) for the fiscal year one thou- 
 sand nine hundred and forty-four -forty-five. 
 
 1943, c. 720, s. 2%. 
 
 Sec. 2. Repealed. 
 
 (1943, c. 720, s. 8.) See C. S. (Ill), 5395-6. 
 
 Sec 3. Duties of the State Board of Education. In addition to the 
 duties and powers vested in the State Board of Education 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 Board, in accordance with the pro- 
 visions of this Act, to administer funds for the operation of the schools of the 
 State for one hundred eighty days on standards to be determined by said 
 Board and within the total funds set out in Section one of this Act. 
 
6 School Legislation of 1943 
 
 Provided that for the one thousand nine hundred and forty-three — one 
 thousand nine hundred and forty-four and one thousand nine hundred and 
 forty-four — one thousand nine hundred and forty-five school terms the one 
 hundred and eighty days (180) may be reduced to one hundred and seventy 
 days (110) by the Governor as Director of the Budget if in his opinion the 
 revenues decrease to such an extent that such action xoould be justified. 
 
 A school month shall consist of twenty teaching days. Schools shall not be 
 taught on Saturdays unless the needs of agriculture, or other conditions, in 
 the unit or district make it disirable that schools be taught on such days. In 
 order that the total term of one hundred and eighty days might be completed 
 in a shorter time than nine calendar months, when the needs of agriculture 
 require it, the governing body of any administrative unit may require that 
 schools shall be taught on legal holidays, except Sundays, but nothing herein 
 contained shall prevent the inclusion of teaching on any legal holiday in a 
 school month in accordance with the custom and practice of any such district, 
 or as may be otherwise ordered by the governing body of such administrative 
 unit. 
 
 Salary ivarrants for the payment of all State teachers, principals, and 
 others employed for the school term shall be issued each month to such 
 persons as are entitled to same. The salaries of superintendents and others 
 employed on an annual basis shall be paid per calendar month: Provided, 
 that teachers may be paid in twelve equal monthly installments in such 
 administrative units as shall request the same of the State Board of Edu- 
 cation on or before October first of each school year. Before such request 
 shall be filed, it shall be approved by the governing board, the superintendent, 
 and a majority of the teachers in said administrative unit. The payment of 
 the annual salary in twelve installments instead of nine shall not increase or 
 decrease said annual salary nor in any other way alter the contract made 
 between the teacher and the said administrative unit; nor shall such pay- 
 ment apply to any teacher who is employed for a period less than nine months. 
 
 The State Board of Education may designate from its membership an 
 executive committee, which executive committee shall perform such duties as 
 may be prescribed by the State Board of Education. 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 board are kept and recorded. The 
 comptroller appointed by the State Board of Education shall approve such 
 employees as work under his direction in the administration of the fiscal 
 affairs of the State Board of Education. 
 
 1943, c. 255, s. 8. 
 
 The State Board of Education shall study the question of consolidation of 
 administrative units in order to determine the size unit which is most 
 economical to administer to the end that administrative costs be reduced to 
 the minimum and the largest possible proportion of school funds be expended 
 for instructional services, and shall report its findings and recommendations 
 to the General Assembly of one thousand nine hundred and forty-five. 
 
 1943, c. 720, s. .4. 
 
 Sec. 4. Length of School Term. That the minimum six months' school 
 term required by Article IX of the Constitution is hereby extended to em- 
 brace a total of one hundred and eighty days of school in order that there 
 shall be operated in every county and district in the State, which shall request 
 
School Legislation of 1943 7 
 
 the same, a uniform term of nine months: Provided, that the State Board of 
 Education or the governing body of any administrative unit, with the ap- 
 proval of the State Board of Education, may suspend the operation of any 
 school or schools in such units, not to exceed a period of sixty days of said 
 term of one hundred and eighty days, when in the sound judgment of the 
 State Board of Education or the governing body of any administrative unit, 
 with the approval of the State Board of Education, the low average of daily 
 attendance in any school justifies such suspension, or when the State Board of 
 Education or the governing body of any administrative unit, with the ap- 
 proval of the State Board of Education, shall find that the needs of agricul- 
 ture, or any other condition, may make such suspension necessary within such 
 unit or any district thereof: Provided, that all schools served by the same 
 school bus or busses shall have the same opening date. 
 
 Full authority is hereby given to the State Board of Education during any 
 period of emergency to order general and, if necessary, extended recess or 
 adjournment of the public schools in any section of the State where the 
 planting or harvesting of crops or any other emergency conditions make such 
 action necessary. 
 
 1943, c. 255, s. 1. 
 
 Sec. 5. School Organizations. The State Board of Education, in making 
 provisions for the operation of the schools, shall classify each county as an 
 administrative unit and shall, with the advice of the county board of edu- 
 cation, make a careful study of the existing district organization 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 Board of Education reveals that geographic 
 or other conditions make it impracticable to provide for them otherwise. 
 Funds shall not be made available for such schools until the said survey has 
 been completed and such schools have been set up by the said Board of 
 Education. 
 
 It shall be within the discretion of the State Board of Education, wherever 
 it shall appear to be more economical for the efficient operation of the schools, 
 to transfer children living in one administrative unit or district to another 
 administrative unit or district for the full term of such school without the 
 payment of tuition: Provided, that sufficient space is available in the build- 
 ings of such unit or district to which the said children are transferred: 
 Provided further, the provision as to the nonpayment of tuition shall not 
 apply to children who have not been transferred as set out in this section. 
 
 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 districts, included in said city administrative unit, 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 duly chosen successors; and the title to all school 
 
8 School Legislation of 1943 
 
 property hereafter acquired or constructed within the said city administrative 
 unit, shall be taken and held in the name of the trustees of said city adminis- 
 trative unit; and the County Board of Commissioners of any county shall 
 provide funds for the erection or repair of necessary school buildings on 
 property, the title to which is held by the board of trustees as aforesaid, and 
 the provisions of Consolidated Statutes of one thousand nine hundred nine- 
 teen, Section five thousand four hundred seventy-two, to the extent in conflict 
 herewith, is hereby repealed: Provided, that nothing in this Act shall prevent 
 city administrative 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 
 approval of the county board of education and the County Board of Com- 
 missioners 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. 
 
 The board of trustees for any special charter district in any city adminis- 
 trative unit shall be appointed as now provided by law. If no provision is 
 now made by law for the filling of vacancies in the membership of such 
 board of trustees, such vacancy may be filled by the governing body of the 
 city or town embraced by said administrative unit. 
 
 In all cases where title to property has been vested in the trustees of a 
 special charter district which has been abolished and has not been re- 
 organized, title to such property shall be vested in the county board of edu- 
 cation of the county embracing such special charter district. 
 
 Sec. 6. Administrative Officers. The administrative officer 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 de- 
 termined by the State Board of Education as provided for in Section twelve 
 of this Act; and such salary schedule for superintendents shall be determined 
 on the same basis for both county and city superintendents and shall take into 
 consideration the amount of work inherent to the office of both county and 
 city superintendents; and such schedule shall be published in the same way 
 and manner as the schedules for teachers' and principals' salaries are now 
 published: 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 approval by the State Board of Education : Provided, 
 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 officer and have such additional compensation as ma^ 
 
School Legislation of 1943 9 
 
 be allowed by the county commissioners of such county, to be paid from 
 county funds, subject to the approval of the State Board of Education. 
 
 At a meeting to be held the first Monday in April, one thousand nine 
 hundred thirty-nine, 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 ap- 
 proval of the State Superintendent of Public Instruction and the State Board 
 of Education, who shall take office July first and shall serve for a period of 
 two years, or until his successor is elected and qualified. A certification to 
 the county board of education by the State Superintendent of Public Instruc- 
 tion showing that the person proposed for the office of county superintendent 
 of schools is a graduate of a four year 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 contagious 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 officio 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-nine, or as soon thereafter 
 as practicable, and biennially thereafter, the county boards of education 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 remainder of the term: Provided, that in units de- 
 siring the same, by action of the county board of education and subject to the 
 approval of the State Board of Education, one-third of the members may be 
 selected for a term of one year, one-third of the members for a term of two 
 years, and one-third of the members for a term of three years, and thereafter 
 all members for a term of three years from the expiration of said terms. 
 
 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 districts 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. The distribution of the teachers between the 
 several schools of the district shall be subject to the approval of 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 
 county board of education shall select the teacher or teachers, which selection 
 
10 School Legislation of 1943 
 
 shall be final for the ensuing school term. All principals and teachers shall 
 enter into a written contract upon forms to be furnished by the State Superin- 
 tendent 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 adminis- 
 trative 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 that such con- 
 tract shall continue from year to year until said teacher or principal is 
 notified as provided in Section twelve of this Act, as amended: Provided, 
 further, that such teacher or principal shall give notice to the superintendent 
 of schools of the administrative unit in which said teacher or principal is 
 employed, ivithin ten days after the close of school, of his or her acceptance 
 of employment for the following year: 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. 
 
 1941, c. 267, s. 2. 
 
 Sec. 8. Organization Statement and Allotment of Teachers. On or 
 
 before the twentieth day of May in each year, the several administrative 
 officers shall present to the State Board of Education a certified statement 
 showing the organization of the schools in their respective units, together 
 with such other information as said Board 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 Board of 
 Education may promulgate, the State Board of Education 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 on the basis of the 
 average daily attendance figures of the continuous six months period of the 
 preceding year during which continuous six months period the average daily 
 attendance was highest, provided that loss in attendance due to epidemics 
 or apparent increase in attendance due to the establishment of army camps 
 or other national defense activities shall be taken into consideration in the 
 initial allotment of teachers: Provided, further, that the superintendent of 
 an administrative unit shall not be included in the number of teachers and 
 principals allotted on the basis of average daily attendance : Provided, further, 
 that for the duration of the present war and for the first school term there- 
 after, it shall be the duty of the State Board of Education to provide any 
 union school, that is, a school embracing both elementary and high school 
 grades, in the State of North Carolina, having four high school teachers or 
 less, not less than the same number of teachers as were allotted to said school 
 for the school year of one thousand nine hundred and forty-two - one thousand 
 nine hundred and forty-three. The provisions of this section as to the allot- 
 ment of teachers shall apply only in those schools where the reduction in 
 enrollment is shotcn to be temporary as determined by the State Board of 
 Education. 
 
 1941, c. 267, s. 3; 1943, c. 255, s. 2% ; c. 720, s. 1. 
 
School Legislation of 1943 11 
 
 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 Board of Education to make 
 changes in the allocation of teachers to meet requirements of the said unit. 
 
 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 Board of 
 Education, for the following items: 
 
 1. General Control: 
 
 a. Salaries of superintendents 
 
 b. Travel of superintendents 
 
 c. Salaries of clerical assistants for superintendents 
 
 d. Office expense of superintendents 
 
 e. Per diem county boards of education in the sum of one hundred 
 dollars ($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. Janitors' 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 
 
 (6) Compensation for injuries and/or death of school children 
 as now provided by law 
 
 b. Libraries 
 
 c. Health 
 
 In allotting funds for the items of expenditures hereinbefore enumerated, 
 provisions shall be made for a school term of only one hundred eighty days. 
 
 The State Board of Education 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, that the Stale Board vf Education 
 
12 School Legislation of 1943 
 
 and county boards of education for county administrative units and boards 
 of trustees for city administrative units, 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 funds of the county and derived from fines, for- 
 feitures, penalties, dog taxes, and poll taxes, and from all other sources 
 except State funds: Provided, that when necessity shall be shown, and upon 
 the approval of the county board of education or the trustees of any city 
 administrative unit, the State Board of Education may approve the use of 
 such funds in any administrative unit to supplement any object or item of 
 the current expense budget, including the supplementing of the teaching of 
 vocational subjects; and in such cases the tax levying authorities of the 
 county administrative unit shall make a sufficient tax levy to provide the 
 necessary funds for Maintenance of Plant, Fixed Charges, and Capital Outlay: 
 Provided, further, that the tax levying authorities in any county adminis- 
 trative unit, with the approval of the State Board of Education, 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, further, that noth- 
 ing 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 Board of Education for each county and city admin- 
 istrative unit by ascertaining the sum of the objects of expenditure according 
 to and within the limits fixed by this Act, and within the meaning of the 
 rules and regulations promulgated by the State Board of Education; 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 
 Board of Education 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 administrative unit for 
 teachers, principals, and superintendents to be included 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 comptroller appointed by the State Board of 
 Education; together with the number of elementary and high school teachers 
 and principals employed in accordance with the provisions of this Act, sep- 
 arately by races, and for city and county administrative units. 
 
 Sec. 12. State Standard Salary Schedule. The State Board of Edu- 
 cation 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 super- 
 intendents; and all contracts with teachers and principals shall be made 
 
School Legislation of 1943 13. 
 
 locally by the county board of education and /or the governing authorities 
 of city administrative units, giving due consideration to the peculiar condi- 
 tions 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: 
 Provided, however, that the compensation contracted to be paid out of State 
 funds to any teacher, principal, or superintendent shall be within the 
 maximum salary limit to be fixed by the State Board of Education, 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 and forty-three and one thousand nine hundred and 
 forty-four, and the certificate of each 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 as teacher or principal in a 
 particular administrative unit who was not employed by said unit during a 
 current year shall file his or her application in writing with the county or 
 city superintendent of schools. 
 
 It shall be the duty of such county superintendent or administrative head 
 of a city administrative unit to notify all teachers and/or principals now 
 or hereafter employed, by registered letter, of his or her rejection prior to 
 the close of the school term subject to the allotment of teachers made by 
 the State Board of Education: Provided, further, that principals and teachers 
 desiring to resign must give not less than thirty days notice prior to opening 
 of school in which the teacher or principal is employed to the official head 
 of the administrative unit in writing. Any principal or teacher violating 
 this provision may be denied the right to further service in the public schools 
 of the State for a period of one year unless the county board of education 
 or the board of trustees of the administrative unit where this provision was 
 violated waives this penalty by appropriate resolution. 
 
 In the employment of teachers, no rule shall be made or enforced which 
 discriminates with respect to the sex, marriage, or nonmarriage of the 
 applicant. 
 
 In the event a teacher is rejected under the provisions of this section, such 
 rejection shall be subject to the approval or disapproval of the governing 
 authorities of the administrative unit in which said teacher is employed. 
 
 1941, c. 267, ss. 4, 5; 1943, c. 720, s. 2. 
 
 Sec. 13. Principals Allowed. In all schools with fewer than fifty 
 teachers allowed under the provisions of this Act, the principals shall be 
 included in the number of teachers allowed. In schools with fifty or more 
 teachers, one whole time principal shall be allowed; that 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 allo- 
 cation 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 number of 
 colored teachers employed in the colored schools: Provided, further, that 
 
14 School Legislation of 1943 
 
 where the schools of a district are under the control of the same district 
 committee, the district principal shall have general supervision of all the 
 schools in the district: Provided, further, that where a white school and a 
 colored school are both under the control of the same district committee and 
 where the principal of the white school is called upon by the district com- 
 mittee to perform certain duties in connection with the operation of the 
 colored school such as aiding in the employment of teachers and in the 
 general supervision of the colored school, the State Board of Education may 
 in its discretion take such service into consideration in the fixing of the 
 principal's salary and may make a reasonable allowance for same. 
 1941, c. 267, s. 6. 
 
 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 Board of Education 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 
 (1,000) or more, but in no event to provide for a term of more than one 
 hundred eighty (180) days, may supplement the funds from State or county 
 allotments available to said administrative unit: Provided, that before mak- 
 ing 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 therefor. Upon the request of the 
 county board of education in a county administrative unit and/or the school 
 governing authorities in a city administrative unit, the tax levying authori- 
 ties 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 Carolina, Volume three: 
 Provided, that the rate voted shall remain the maximum until revoked or 
 changed by another election: Provided, further, that nothing herein con- 
 tained 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. 
 
 Upon a written petition of a majority of the governing board of any 
 district which has voted a supplementary tax, the county board of education, 
 after approving the petition, shall present the same to the Board of County 
 Commissioners and ask for an election on the question of the enlargement of 
 the boundary lines of any such district so as to include any contiguous 
 territory, and an election in such new territory may be ordered and held 
 under rules governing elections for local taxes as provided in this section: 
 Provided, the local tax rate specified in the petition and submitted to the 
 qualified voters shall be a local tax of the same rate as that voted in the 
 said district to which the territory is to be added. If a majority of the 
 qualified voters in such new territory shall vote in favor of such tax, the 
 new territory shall be and become a part of said district, and the term "local 
 tax of the same rate" herein used shall include, in addition to the usual 
 local tax, any tax levied to meet the interest and sinking fund of any bonds 
 heretofore issued by the district proposed to be enlarged. In case a majority 
 of the qualified voters at the election shall vote in favor of the tax, the 
 district shall be deemed enlarged as so proposed. 
 
School Legislation of 1943 15 
 
 Sec. 14%. The county board of education in any county administrative 
 unit, with the approval of the tax levying authorities in said unit and the 
 State Board of Education, in order to operate schools of a higher standard 
 than that provided by State support, or to employ additional vocational 
 teachers, or both, in any district in said county administrative unit having 
 a school population of one thousand (1,000) or more, but in no event to pro- 
 vide for a term of more than one hundred and eighty days, may supplement 
 the funds now available to said district: Provided, that before making any 
 levy for supplementing said allotments, an election shall be held in said 
 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 therefor. Before said election can be held in such district, a petition 
 of the district committee setting out the purposes for which said election is 
 to be had and the maximum rate of tax which may be levied shall be ap- 
 proved by the county board of education, the tax levying authorities of said 
 county, and the State Board of Education. When such approval is had, then 
 upon the request of the county board of education, the tax levying authorities 
 of such unit shall provide for an election under the laws governing such 
 elections as are set forth for county and city administrative unit supple- 
 mentary elections in Section fourteen of this Act. 
 
 1943, c. 255, a. 2 (a). 
 
 Sec. 15. Local Budgets. 
 
 (a) The request for funds to supplement State school funds, as permitted 
 under the above conditions, 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 Board of Education. The tax levying 
 authorities in such units may approve or disapprove this supplemental budget 
 in whole or in part, and upon approval being given, the same shall be sub- 
 mitted to the State Board of Education, which shall have authority to approve 
 or disapprove any object or item contained therein. In the event of approval 
 by the State Board of Education, 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 only to the 
 approval of the tax levying authorities and the State Board of Education. 
 
 (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 Board of Education: 
 Provided, that nothing in this Act shall prevent counties, local taxing dis- 
 tricts 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 
 tenth day of July, and the same shall be reported to the State Board of 
 Education on or before the twentieth day of July. The action of the State 
 Board of Education on all requests for local funds budgets shall be reported 
 to boards of education and /or school governing authorities of city admin- 
 
16 School Legislation of 1943 
 
 istrative units and the tax levying authorities in such units on or before 
 the twentieth day of August. 
 
 All county-wide Current Expense school funds shall be apportioned to 
 county and city administrative units monthly, and it shall be the duty of the 
 county treasurer to remit such funds monthly as collected to each administra- 
 tive unit located in said county on a per capita enrollment basis. County- 
 wide expense funds shall include all funds for current expenses levied by the 
 Board of County Commissioners in any county to cover items for Current 
 Expense purposes, and including also all fines, forfeitures, penalties, poll and 
 dog taxes and funds for vocational subjects. 
 
 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. Capital Outlay funds so provided for expenditure by the 
 county administrative unit shall be paid out upon warrants drawn by the 
 county board of education, and those provided for expenditure by a city 
 administrative unit shall be paid out upon warrants drawn by the governing 
 board of the city administrative unit: Provided, that funds derived from 
 payments on insurance losses shall be used in the replacement of buildings 
 destroyed, or in the evert the buildings are not replaced, said funds shall be 
 used to reduce the indebtedness of the special bond taxing unit to which said 
 payment has been made, or for other capital outlay purposes within said unit. 
 All county-wide Debt Service funds shall be apportioned to county and city 
 administrative units and distributed at the time of collection and when avail- 
 able shall be expended in the same manner as are county-wide Current Ex- 
 pense school funds: Provided, that the payments to any administrative unit 
 shall not exceed the actual needs of said units, including sinking fund 
 requirements. The per capita enrollment basis shall be determined by the 
 State Board of Education and certified to each administrative unit. Provided, 
 further, that the debt service apportionment between county and city adminis- 
 trative units shall apply only to debt service for capital outlay obligations 
 incurred by counties and cities prior to July 1, 1937, except in those counties 
 where special legislation has been enacted providing for the issuance of school 
 building bonds in behalf of school districts, and special bond tax units. [The 
 provisions of this amendment do not apply to refunding bonds issued for 
 school capital outlay obligations.] 
 
 1941, c. 267, s. 7 ; c. 200, ss. 1, 2. 
 
 Sec. 16. School Indebtedness. If a boundary, territorial district, or 
 unit in which a special bond tax has heretofore been voted or in anyway 
 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 theretofore 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 maintained until all necessary taxes have been levied and 
 collected therein for the payment of such bonds and/or other indebtedness so 
 
School Legislation of 1943 17 
 
 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 purposes 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 & 
 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 requirement 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 unpajd teacher's 
 vouchers for the year in which the tax was levied shall be a prior lien: 
 Provided, further, that nothing in this Act shall be construed as abolishing 
 special taxes voted in any city administrative unit since July first, one 
 thousand nine hundred thirty-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 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 
 Board of Education 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. 
 
 1943, c. 255, S. 2 (b). 
 
 Sec. 18. Bonds. That the State Board of Education, subject to the ap- 
 proval of the Local Government Commission, shall determine and provide all 
 bonds necessary for the protection of the State school funds. 
 
 That the tax levying authorities in each county and city administrative 
 unit, subject to the approval of the Local Government Commission, shall 
 provide such bonds as the State Board of Education may require for the pro- 
 tection of county and district school funds. 
 
 Sec. 19. Provision for the disbursement of State funds. The deposits of 
 State funds in the State Treasury to the credit of the county and city ad- 
 ministrative units may be made in monthly installments, at such time and in 
 such amounts as may be practicable to meet the needs and necessities of the 
 nine months' school term in the various county and city administrative 
 units: Provided, that prior to the crediting of any monthly installment, it 
 shall be the duty of the county board of education or the board of trustees to 
 file with the Comptroller of the State Board of Education a certified state- 
 ment of all expenditures and of all salaries and other obligations that may be 
 due and payable in the succeeding month, said statement to be filed on or 
 before the first day of each month. 
 
 When it shall appear to the comptroller from said certified statement that 
 any amounts are due and necessary to be paid, he shall draw a requisition on 
 
18 School Legislation of 1943 
 
 the State Auditor covering the same; and upon receipt of notice from the 
 State Treasurer showing the amount placed to their credit, the duly consti- 
 tuted authorities may issue State warrants in the amount so certified: Pro- 
 vided, that no funds shall be released for payment of salaries of adminis- 
 trative officers of county or city units if any reports required to be filed toith 
 the State school authorities are more than thirty days overdue." 
 
 1943, c. 769, s. 1. 
 
 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 
 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 govern-' 
 ment laws may require. 
 
 2. County and District Funds. All county and district funds, from what- 
 ever source provided, shall be paid out only on warrants signed by the chair- 
 man 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: 
 Provided, the countersigning officer shall countersign warrants drawn as 
 herein specified when such warrants are ivithin the funds set up to the credit 
 of and are within the budget amounts appropriated for the particular ad- 
 ministrative unit. Upon the basis of budget approval and upon receiving the 
 certificate of per capita enrollment as set out in Section fifteen hereof, the 
 county auditor or accountant shall ascertain and determine the proportion of 
 all taxes levied by the county which shall be apportionable to the county 
 administrative unit and any city administrative unit therein. As taxes are 
 collected within said county, the proportion thereof allocable to the county 
 administrative unit and any city administrative unit in said county shall be 
 set up to the credit of such administrative unit by the county accountant or 
 auditor. All funds due to the county administrative unit set up and ascer- 
 tained as aforesaid shall be paid out as hereinbefore provided, and all funds 
 due any city administrative unit therein shall be paid out as hereinbefore 
 provided. 
 
 3. Records and Reports. The State Superintendent of Public Instruction 
 and State Board of Education shall have full power and authority to make 
 rules and regulations to prescribe the manner in which records shall be kept 
 by all county and city administrative units as to the expenditure of current 
 expense funds, capital outlay funds, and debt service funds, derived from local 
 sources, and to prescribe for making reports thereof to the State Superin- 
 tendent of Public Instruction. 
 
 1941, c. 267, s. 8. 
 
 Sec. 21. Audit. The State Board of Education, 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 determined by the State 
 Board of Education. The tax levying authorities for county and city adminis- 
 trative units shall make provision for meeting their proportionate part of the 
 cost of making said audit* as provided in this Act. 
 
School Legislation of 1943 19 
 
 That copies of said audits shall be filed with the State Board of Education, 
 the State Auditor, and the State Superintendent of Public Instruction not 
 later than October first after the close of the fiscal year. 
 
 Sec. 22. Workmen's Compensation and Sick Leave. The provisions 
 of the Workmen's Compensation Act shall be applicable to all school em- 
 ployees, and the State Board of Education shall make such arrangements as 
 are necessary to carry out the provisions of the Workmen's Compensation 
 Act as are applicable to such employees as are paid from State school funds. 
 Liability of the State for compensation shall be confined to school employees 
 paid by the State from State school funds for injuries or death caused by 
 accident arising out of and in the course of their employment in connection 
 with the State operated nine months school term. The State shall be liable 
 for said compensation on the basis of the average weekly wage of such 
 employees as defined in the Workmen's Compensation Act, whether all of 
 said compensation for the nine months school term is paid from State funds 
 or in part supplemented by local funds. The county and city administrative 
 units shall be liable for Workmen's Compensation for school employees whose 
 salaries or wages are paid by such local units from local funds, and such 
 local units shall likewise be liable for Workmen's Compensation of school em- 
 ployees employed in connection with teaching vocational agriculture, home 
 economics, trades and industrial vocational subjects, supported in part by 
 State and Federal funds, which liability shall cover the entire period of 
 service of such employees. Such local units are authorized and empowered 
 to provide insurance to cover such compensation liability and to include the 
 cost of such insurance in their annual budgets. 
 
 The State Board of Education 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 substitutes on account of said sick leave. The pay 
 for a substitute shall not be less than three dollars per day. 
 
 The provisions of this section shall not apply to any person, firm or 
 corporation making voluntary contributions to schools for any purpose, and 
 such person, firm or corporation shall not be liable for the payment of any 
 sum of money under this Act. 
 
 1943, c. 720, s. 3. 
 
 Sec. 22%. Children to be entitled to enrollment in the public schools for 
 the school year one thousand nine hundred thirty-nine-forty, 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 adminis- 
 trative units to purchase all supplies, equipment and materials in accordance 
 with contracts and/or with the approval of the State Division of Purchase 
 and Contract: Provided, that no contracts shall be made by any county or 
 city administrative unit for purchases unless provision has been made in the 
 budget of such unit to provide payment therefor, or unless surplus funds are 
 on hand to pay for same, and in order to protect the State purchase contracts, 
 it is hereby made the mandatory duty upon the part of the governing authori- 
 ties of such local units to pay for such purchases promptly in accordance with 
 the terms of the contract of purchase. 
 
20 School Legislation of 1943 
 
 Sec. 23 i^. For the purpose of determining the most economical manner 
 and method of heating school buildings, including type of insulation, the 
 State Board of Education in cooperation with State Department of Public 
 Instruction is hereby authorized to conduct experiments in the different types 
 of heating. 
 
 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 
 Board of Education, which shall have authority to promulgate rules and regu- 
 lations 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 busses. Provision shall be made for adequate inspection each thirty 
 days of each vehicle used in the transportation of school children, and a 
 record of such inspection shall be filed in the office of the superintendent of 
 the administrative unit. That it shall be the duty of the administrative officer 
 of each administrative 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 busses shall be limited to the transportation of children to and from 
 school for the regularly organized school day: In cases of sudden illness or 
 injury requiring immediate medical attention of any child or children while 
 attending the public schools, the principal of the school may send the child 
 or children by school bus, if no other vehicle is available, to the nearest doctor 
 or hospital for medical treatment ; provided the expense of such transporta- 
 tion shall be paid from county funds. 
 
 The State Board of Education is authorized and empowered, under rules 
 and regulations to be adopted by said Board of Education, to permit the use 
 and operation of school busses for the transportation of school children on 
 necessary field trips while pursuing the courses of vocational agriculture, 
 home economics, trade and industrial vocational subjects, to and from demon- 
 stration projects carried on in connection therewith; provided that under 
 no circumstances shall the total round trip mileage for any one trip exceed 
 twenty-five miles nor on any such trip shall a State owned school bus be 
 taken out of the State of North Carolina. The costs of operating such school 
 busses for said purpose, including the liability for ivorkmen's compensation 
 therewith and the employment of drivers of such busses, shall be paid for 
 out of State funds, and the drivers of such busses shall be selected and 
 employed as is provided for the operation of busses for the regularly or- 
 ganized school day under Section twenty-seven of this Act: Provided, further, 
 that the State Board of Education shall approve and designate any busses 
 used for the purposes herein set forth. 
 
 When ordered to do so by the Governor, the State Board of Education is 
 authorized and empoioered, and it shall be its duty, to furnish a sufficient 
 number of school buses to the North Carolina State Guard or the National 
 Guard, and to permit the use of such school buses by the State Guard or the 
 
School Legislation of 1943 21 
 
 National Guard for the purpose of transporting members of the State Guard 
 or National Guard to and from authorized places of encampment, or for the 
 purpose of transporting members of the State Guard or National Guard to 
 places where they are needed and authorized to go for the purpose of sup- 
 pressing riots or insurrections or repelling invasions. Such buses, when used 
 for the transportation of members of the State Guard or National Guard, 
 shall be operated by members or employees of these organizations and the 
 expenses of such operation and of repairs occasioned by such operation shall 
 be paid from the appropriations available for the use of the State Guard or 
 the National Guard. 
 
 1941, c. 267, s. 9; c. 315, s. 1; c. 214, s. 1; 1943, c. 255, s. 2 (c) ; c. 197, s. 1. 
 
 Sec. 25. 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 provided, the 
 State Board of Education shall, in cooperation with the district principal, 
 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, that all routes 
 so established shall be subject to the approval of the county board of edu- 
 cation, and with a view to the needs of the students to the end that the 
 necessity of students waiting on the road for busses in inclement weather be 
 eliminated. 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 their 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 edu- 
 cation, notice of same shall be filed with the State Board of Education, and a 
 hearing on such appeal shall be had by said Board of Education within thirty 
 days. 
 
 1941, c. 267, s. 1014. 
 
 Sec. 26. Purchase of New Equipment. It shall be the duty of the tax 
 levying authorities in the various counties, and they are hereby authorized, 
 empowered, and directed to make provision in the Capital Outlay budget for 
 the purchase under State contract of new busses needed to relieve over- 
 crowding and to provide for the transportation of children not transported 
 during the school year one thousand nine hundred thirty-nine. It shall be 
 the duty of the State Board of Education to determine the rated capacity of 
 each public school bus transporting children to or from school, and it shall 
 be the duty of the local school authorities to see that no bus is loaded more 
 than twenty-five per cent (25%) above its rated capacity. The county board 
 of education shall determine when busses are overcrowded as specified in 
 this section. The county boards of education shall determine when the 
 busses are overcrowded, and the State shall provide for the operation of all 
 new busses purchased by the counties. It shall be the duty of the State of 
 North Carolina to purchase all school busses used as replacements for old 
 publicly owned busses which were operated by the State during the school 
 year one thousand nine hundred forty, forty-one. It shall be the duty of the 
 State Board of Education to promulgate rules and regulations that will insure 
 for the children the greatest possible safety, including a standard signaling 
 
22 School Legislation of 1943 
 
 device for giving the public due notice that the bus is making a stop. Before 
 purchasing any new school busses, the State Board of Education 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. The 
 State Board of Education, in its discretion, may effect fire insurance coverage 
 on the school busses, or act as a self-insurer. 
 
 1941, c. 267, ss. 8y 2 , 10. 
 
 Sec. 27. Bus Drivers. The authority for selecting and employing the 
 drivers of school busses shall be vested in the principal or superintendent 
 of the school at the termination of the route, subject to the approval of the 
 school committeemen or trustees of said school and the county or city superin- 
 tendent 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 Board of Education for that particular type of employee. 
 
 Sec. 28. Contract Transportation. In counties where school transpor- 
 tation is provided by contract with private operators, the State shall provide 
 funds for operating costs on the standards adopted for publicly 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 with Highway and Public Works Commission in 
 Maintenance of Equipment. The State Board of Education is hereby author- 
 ized to negotiate with the Highway and Public Works Commission in coordi- 
 nating all facilities for the repair, maintenance, and upkeep of equipment to 
 be used by the State Board of Education in the school transportation system. 
 In all cases where this is done, the State Highway and Public Works Com- 
 mission 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 Board of Education. 
 
 Sec 30. Lunch Rooms May Be 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 permissible 
 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 the said schools. There shall be no 
 personal liability upon the said trustees and school committees, or members 
 thereof, arising out of the operation of the said eating places, and it is under- 
 stood 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 
 
School Legislation of 1943 23 
 
 for the operation of said cafeterias 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 correctly 
 accounted for to the school fund each year, and to examine the records of 
 the several courts of the county, including courts of justices of the peace, 
 at least once every three months to see that all fines, forfeitures, and penal- 
 ties, and any other special funds accruing to the county school fund, are 
 correctly and promptly accounted for to the school fund; and if the superin- 
 tendent 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 Board of Education and also to the solicitor of the 
 Superior Court holding the courts in the district. 
 
 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 purposes shall be 
 guilty of a misdemeanor and, upon conviction, shall be punishable by fine or 
 imprisonment, in the discretion of the court: Provided, 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 provided by the provisions of this 
 Act. The clear proceeds of poll taxes, dog taxes, fines, forfeitures and penal- 
 ties shall be accounted for by the officers collecting the same, and no deduc- 
 tions shall be made therefrom for fees or commissions. Any court officer, 
 including justices of the peace, who shall wilfully fail or refuse to account 
 for all poll taxes, dog taxes, fines, forfeitures or penalties coming into the 
 hands of such officer, shall, upon conviction thereof, be guilty of a felony and 
 imprisoned in the State's prison in the discretion of the court, or fined in the 
 discretion of the court, or both. 
 
 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. The provisions of this 
 Act shall not be construed as repealing Chapter three hundred three Public 
 Laws of one thousand nine hundred thirty-seven or any part thereof: Pro- 
 vided, further, nothing in this Act shall be so construed as to repeal Chapter 
 two hundred eight of the Public-Local Laws of one thousand nine hundred 
 thirty-seven, as amended by House Bill Number six hundred seventy-five 
 session of one thousand nine hundred thirty-nine. 
 
 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 3rd day 
 of April, 1939. 
 
 1939, c. 358; 1941, cc. 200, 214, 267 and 315; 1943, cc. 253, 720 and 769. 
 
24 School Legislation of 1943 
 
 AN ACT TO APPOINT CERTAIN MEMBERS OF THE BOARDS OF 
 EDUCATION OF THE RESPECTIVE COUNTIES OF NORTH CARO- 
 LINA, 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 — T. E. Powell, J. C. Wilkins, each for a term of six years. 
 
 Alexander — E. L. Hedrick. 
 
 Alleghany — G. N. Evans, for a term of six years; Carlie Hash, for a 
 term of four years; Gwyn Cox. 
 
 Anson — A. E. Hendley, Sr., G. K. Little. 
 
 Ashe — V. C. Lillard, Mack Absher, Bryan Kirby, Clyde Houck, A. J. 
 Houck. 
 
 Avery — Carl J. Wisemen, for a term of six years; John Frank Hampton, 
 for a term of four years; J. M. Dearmin. 
 
 Beaufort — C. F. Cowell, Ottis C. Barr, S. B. Etheridge, Dan M. Windley, 
 Dr. W. T. Ralph. 
 
 Bertie — W. V. Hoggard, R. N. Hoggard, P. F. Cobb, J. B. Parker, each 
 for a term of six years. 
 
 Bladen- — S. S. Hutchinson, J. Neal Clark, Henry Beatty, each for a term 
 of four years. All laws and clauses of laws heretofore enacted with 
 respect to the appointment of the Board of Education of Bladen County 
 and the terms of the members of said board be and the same are hereby 
 repealed. & 
 
 Brunswick — R. T. Woodside, for a term of six years; and John L. Stone, 
 for a term of four years. 
 
 Buncombe — Dr. B. E. Morgan, Dr. A. O. Mooneyham, John M. James, 
 R. C. Torian, Glen West. 
 
 Burke — George D. Carpenter, Marshall S. Arney, Carroll L. Yount, 
 Lester H. McNeeley, C. P. Whisenant. 
 
 Cabarrus — Boyd Biggers, for a term of six years. 
 
 Caldwell — Dr. J. F. Reece, E. L. Steele, Melvin H. Jones, John A. 
 Frazier, Davis Tuttle. 
 
 Camden — W. I. Sawyer, B. H. Cartwright, William W. Forehand. 
 
 Carteret — Dr. L. W. Moore, Dennis Mason, each for a term of six years. 
 
 Caswell — O. A. Powell, for a term of six years. 
 
 Catawba — E. M. Yoder, Richard C. Boyd, John F. Carpenter, R. A. 
 Sigmon, J. C. Howard, G. W. Mann. 
 
 Chatham — 
 
 Cherokee — B. B. Palmer, Noah Hembree, Lawson Lunsford. 
 
 Chowan — T. Stillman Leary, R. H. Hollowell, Lloyd Briggs, R. Clyde 
 Privott, T. Wallace Jones. 
 
 Clay — Frank Moore, for a term of six years. 
 
School Legislation of 1943 25 
 
 Cleveland — C. D. Forney, B. Austell, R. L. Plonk, A. L. Calton, W. H. 
 Lutz. 
 
 Columbus — A. L. Griffin, R. J. Lamb, R. R. Hinson, E. W. Fonvielle, 
 F. B. Gault. 
 
 Craven — C. A. Seifert, Fred Whitehurst, J. L. Peterson, R. L. Sermons, 
 J. H. West, Sr., Larry Pate, R. R. King. 
 
 Cumberland — W. T. Reaves, I. B. Julian, W. C. Averitte, E. U. Breece, 
 each for a term of six years. 
 
 Currituck — E. W. Addison, Carl P. White, I. T. Corbell. All laws and 
 clauses of laws heretofore enacted with respect to the appointment of the 
 Board of Education of Currituck County and the terms of the members of 
 said board be and the same are hereby repealed. 
 
 Dare — R. E. Burrus, for a term of six years; E. P. White, W. M. 
 Jolliff. 
 
 Davidson — Roy Lohr, Baxter Carter, each for a term of four years. 
 
 Davie — T. C. Pegram, Mrs. Nannie R. Hayes, G. N. Ward. 
 
 Duplin — Robert M. Carr, for a term of six years. 
 
 Durham — C. C. Council, E. S. Booth, T. O. Sorrell, E. L. Tilley, Clifton 
 Ball. 
 
 Edgecombe — W. W. Green, S. R. Jenkins, each for a term of six years; 
 M. P. Edwards, George C. Phillips, each for a term of four years; R. C. 
 Brown. 
 
 Forsyth — Frank A. Stith, L. A. Reynolds, Smith Hagaman. 
 
 Franklin — Paul W. Elam, Mrs. T. H. Dickens, each for a term of six 
 years. 
 
 Gaston — M. A. Stroup, J. Milton Craig, F. A. Whiteside, W. J. Pharr, 
 L. D. Gribble, E. H. Rhyne. 
 
 Gates — Mrs. Marion Nixon, for a term of six years; R. E. Williams, for 
 a term of four years; H. F. Parker. 
 
 Graham — Roy B. Millsaps, for a term of six years; Patton Phillips for 
 a term of four years; W. D. Walker. All laws and clauses of laws here- 
 tofore enacted with respect to the appointment of the Board of Education 
 of Graham County and the terms of the members of said board be and 
 the same are hereby repealed. 
 
 Granville — Dr. R. L. Noblin, for a term of six years. 
 
 Greene — Ed S. Taylor, A. C. Oakes, W. J. Carraway, W. H. Graves, 
 C. K. Grantham. 
 
 Guilford — Z. L. Whitaker, for a term of six years. 
 
 Halifax — R. C. Rives, Charles L. Kelly, Mrs. R. C. Josey, Jr., Mrs. J. T. 
 Thomason, Thomas Moss. 
 
 Harnett — Dr. Glen L. Hooper, Fred S. Thomas, Sidney G. Thomas. 
 
 Haywood — John Best, for a term of six years. 
 
 Henderson — B. B. Massagee, for a term of six years. 
 
 Hertford — George Underwood, R. C. Mason, T. N. Charles. 
 
 Hoke — A. W. Wood, W. M. Monroe, Carl Riley, A. D. McPhaul, D. B. 
 McFayden. 
 
26 School Legislation of 1943 
 
 Hyde — N. Forest Sears, Geo. M. Cuthrell, J. W. Miller. 
 
 Iredell — C. D. Stevenson, C. H. Knox, S. H. Houston, W. C. Thompson, 
 L. A. Pope, J. S. Dobson, D. E. Hayes, each for a term of four years. 
 
 Jackson — C. E. Smith, John Hooper, J. Hutt Middleton, John B. Deitz, 
 D. H. Stephens, each for a term of four years. 
 
 Johnston — W. H. Call, for a term of six years; Conrad H. Parker, for 
 a term of four years. 
 
 Jones — Herbert Tyndall, for a term of six years. 
 
 Lee — D. E. Shaw, for a term of six years. 
 
 Lenoir — Horace L. Sutton, R. S. Parker, E. C. Taylor, W. B. Becton, 
 F. P. White. 
 
 Lincoln — Dr. W. G. Bandy, Deck Hager, Dorsey Rhyne, T. A. Warlick, 
 A. A. Beam, each for a term of four years. 
 
 Macon — C. G. Moore, J. E. Cabe, E. B. Byrd, J. R. Phillips, Frank 
 Browning. 
 
 Madison — W. T. Moore, E. Y. Ponder, J. Clyde Brown, each for a term 
 of four years. 
 
 Martin — J. D. Woolard, H. C. Norman, each for a term of six years. 
 
 McDowell — J. C. Goforth, for a term of six years. 
 
 Mecklenburg — W. B. McClintock, B. D. Funderburk, each for a term of 
 six years; R. G. Eubanks, W. E. Potts, each for a term of four years; 
 J. Mason Smith. 
 
 Mitchell — Zeb V. Hall, for a term of six years. 
 
 Montgomery — E. R. Wallace, for a term of six years. 
 
 Moore — J. W. Graham, D. D. McCrimmon, J. F. Taylor, L. B. Mc- 
 Keithan, F. D. Farrell. 
 
 Nash — G. L. Jones, J. W. Roberson, G. E. Beal. 
 
 New Hanover — Dr. J. T. Hoggard, J. C. Roe, L. T. Landen, Mrs. C. L. 
 Meister, Emsley A. Laney, James S. Craig, Jr. 
 
 Northampton — Dr. John Wesley Parker, Jr., J. R. Woodard, J. G. 
 Madry, Dr. C. G. Parker, J. F. Bradley, J. A. Shaw, W. Harry Stephenson. 
 
 Onslow — R. E. Williams, Sr., Graham Jones, Dr. W. T. Turlington, Ivey 
 Rawls, W. L. P. Jarman. 
 
 Orange — James Compton, C. W. Stanford, K. S. Cate. 
 
 Pamlico — P. C. Spruill, J. A. Tingle, Jr., M. D. Powers, J. V. Brinson, 
 M. D. Potter. 
 
 Pasquotank — Jarvis M. Scott, Dennis S. Morgan, V. B. Morgan, each for 
 a term of four years; J. H. Bright, Buxton White. 
 
 Pender — T. J. Henry, Charles R. Rogers, D. J. Farrior, Jr. 
 
 Perquimans — T. S. White, Carrol Ward, each for a term of four years. 
 
 Person — W. R. Wilkerson, E. E. Bradsher, R. G. Cole, B. G. Crumpton, 
 C. T. Hall. 
 
 Pitt — W. H. Woolard, John T. Thorne, R. L. Little. 
 
 Polk — James P. Egerton, Dan Ledbetter, S. L. Feagan, John N. 
 Williams, Gus Miller. 
 
School Legislation of 1943 27 
 
 Randolph — J. A. Martin, C. M. Kennedy, Dr. J. W. Jordan, each for a 
 term of six years; L. F. Ross, D. J. Boyles, each for a term of four years. 
 
 Richmond — James W. McKenzie, for a term of six years. 
 
 Robeson — A. B. McRae, W. H. Humphrey, Dr. L. J. Moore, Isham Pitt- 
 man, L. E. Hughes. 
 
 Rockingham — J. L. Roberts, T. J. Garrett, E. S. Powell, C. P. Wall, 
 L. W. Matthews. 
 
 Rowan — Roy S. Safrit, for a term of six years. 
 
 Rutherford — J. Harvey Carpenter, for a term of six years. 
 
 Sampson — B. E. Jackson, W. E. Peterson, John C. Warren, J. C. Butler, 
 J. Hamp Lewis. 
 
 Scotland — W. G. Shaw, Jr. 
 
 Stanly — C. B. Miller, A. L. Efird, each for a term of six years; A. D. 
 McNeil, for a term of four years; Claud Teeter. 
 
 Stokes — Dr. G. E. Stone, for a term of six years; J. Van Tuttle, for a 
 term of four years; P. O. Frye. 
 
 Surry — C. A. McNeill, G. W. Scott, P. N. Taylor, G. C. Hauser, W. T. 
 White. 
 
 Swain — S. W. Black, R. E. Breedlove, George Redmond. 
 
 Transylvania — T. E. Reed, Dewey Winchester, Mrs. J. K. Mills. 
 
 Tyrrell — Ellis R. Davenport, B. Frank Alexander, Robert L. Spencer. 
 
 Union — B. Ward Laney, W. H. Collins, R. P. Stegall, H. G. Hawfield, 
 J. M. Edwards. 
 
 Vance — H. A. Dennis, M. T. Greenway, J. J. White, each for a term of 
 six years. 
 
 Wake — Dr. J. P. Hunter, for a term of six years; John A. Park, for a 
 term of four years. 
 
 Warren — District Number one — J. E. Rooker, Jr.; District Number 
 two — J. J. Nicholson; District Number three — Harry W. Walker; District 
 Number four — Romeo Powell; District Number five — A. S. Bugg. 
 
 Washington — Louis E. Hassell, P. M. Arps, Paul Belanga. All laws 
 and clauses of laws heretofore enacted with respect to the appointment 
 of the Board of Education of Washington County and the terms of the 
 members of said board be and the same are hereby repealed. 
 
 Watauga — J. B. Horton, Collis Greene, Clyde Perry, Raleigh Cottrell, 
 Dr. W. A. Deaton. 
 
 Wayne — J. D. Hines, for a term of six years; Mrs. C. W. Ivey for a term 
 of four years. 
 
 Wilkes — R. R. Church, for a term of six years. 
 
 Wilson — A. D. Williams, S. E. High, each for a term of six years. 
 
 Yadkin — Paul P. Davis, C. C. Wallace, O. E. Boles. 
 
 Yancey — Alphonso P. Honeycutt, Wilson S. Edwards, Welzie Robinson. 
 
 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 forty-three, and 
 shall, unless otherwise herein provided, hold office for a term of two years 
 
28 School Legislation of 1943 
 
 from and after the first Monday in April, one thousand nine hundred and 
 forty-three, 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 forty-three, 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 full force and effect from and after 
 its ratification. 
 
 In the General Assembly read three times and ratified, this the 5th day of 
 March, 1943. 
 
 1943, c. 511. 
 
 AN ACT TO AMEND THE CONSTITUTION PROVIDING FOR THE 
 ORGANIZATION OF THE STATE BOARD OF EDUCATION. 
 
 The General Assembly of North Carolina do enact: 
 
 Section 1. Article IX, Section eight, of the Constitution of North Caro- 
 lina is hereby amended by substituting for the said section, the following: 
 
 "Sec. 8. State Board of Education. The general supervision and ad- 
 ministration of the free public school system, and of the educational funds 
 provided for the support thereof, except those mentioned in Section five of 
 this Article, shall, from and after the first day of April, one thousand nine 
 hundred and forty-five, be vested in the State Board of Education to con- 
 sist of the Lieutenant Governor, State Treasurer, the Superintendent of 
 Public Instruction, and ten members to be appointed by the Governor, 
 subject to confirmation by the General Assembly in joint session. The 
 General Assembly shall divide the State into eight educational districts, 
 which may be altered from time to time by the General Assembly. Of the 
 appointive members of the State Board of Education, one shall be ap- 
 pointed from each of the eight educational districts, and two shall be 
 appointed as members at large. The first appointments under this section 
 shall be: Two members appointed from educational districts for terms of 
 two years; two members appointed from educational districts for terms of 
 four years; two members appointed from educational districts for terms 
 of six years; and two members appointed from educational districts for 
 terms of eight years. One member at large shall be appointed for a 
 period of four years and one member at large shall be appointed for a 
 period of eight years. All subsequent appointments shall be for terms of 
 eight years. Any appointments to fill vacancies shall be made by the 
 Governor for the unexpired term, which appointments shall not be sub- 
 ject to confirmation. The State Superintendent of Public Instruction 
 shall be the administrative head of the public school system and shall be 
 secretary of the board. The board shall elect a chairman and vice-chair- 
 man. A majority of the board shall constitute a quorum for the trans- 
 action of business. The per diem and expenses of the appointive members 
 shall be provided by the General Assembly." 
 
School Legislation of 1943 29 
 
 Sec. 2. Section one of this Act shall be submitted at the next general 
 election to the qualified voters in the State in the same way and manner 
 and under the same rules and regulations governing general elections in 
 this State. 
 
 Sec 3. In such election the electors favoring the adoption of the 
 amendment in Section one of this Act shall vote ballots on which shall be 
 printed or written the words "For State Board of Education Amendment," 
 and those opposed shall vote ballots on which shall be written or printed 
 the words "Against State Board of Education Amendment." 
 
 Sec 4. The election upon this amendment shall be conducted in the 
 same manner and under the same rules and regulations as provided by 
 the laws governing general elections, and if a majority of votes cast be in 
 favor of this amendment, it shall be the duty of the Governor of the State 
 to certify the amendment under the Seal of the State to the Secretary of 
 State, who shall enroll said amendment so certified among the permanent 
 records of his office, and the amendment so certified shall be in force, and 
 every part thereof, from and after the date of such certification. 
 
 Sec 5. All laws and clauses of laws in conflict with this Act are 
 hereby repealed. 
 
 Sec 6. 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 5th day of 
 March, 1943. 
 1943, c. 468. 
 
 AN ACT PROVIDING THAT UPON THE EXTENSION OF THE COR- 
 PORATE LIMITS OF ANY MUNICIPALITY, COTERMINOUS BOUND- 
 ARIES OF CITY ADMINISTRATIVE UNITS SHALL BE LIKEWISE 
 EXTENDED. 
 
 The General Assembly of North Carolina do enact: 
 
 Section 1. Upon the change of the boundaries of any municipality in 
 this State, the boundaries of which had theretofore been coterminous with 
 the boundaries of a city administrative unit, the boundaries of such city 
 administrative unit shall be extended to correspond with the boundaries 
 of such municipality so extended. When the boundaries of such munici- 
 pality are so extended by a vote of the qualified electors therein, such vote 
 shall likewise authorize the levying of such special taxes for school pur- 
 poses on property within such extended territory as had theretofore been 
 authorized by a vote of the electors within the former boundaries of such 
 city administrative unit. 
 
 Sec 1A. This Act shall apply to Iredell County only. 
 
 Sec 2. All laws and clauses of laws in conflict with this Act are 
 hereby repealed. 
 
 Sec 3. 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 8th day of 
 March, 1943. 
 
 1943, c. 610. 
 
30 School Legislation of 1943 
 
 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 North 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, or from any representative duly designated by the Commis- 
 sioner of Motor Vehicles, and the Chief Mechanic in charge of school busses 
 in said county shoioing that he has been examined by a member of the said 
 Highway Patrol, said Chief Mechanic in charge of school busses in said 
 county, 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 thirty-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. 
 
 1937, c. 397; 194), c. 21, s. 1; 1943, c. 440, s. 1. 
 
 AN ACT TO PROTECT SCHOOL CHILDREN RIDING IN PUBLIC 
 SCHOOL BUSSES UPON THE PUBLIC ROADS AND HIGHWAYS OF 
 THE STATE. 
 
 The General Assembly of North Carolina do enact: 
 
 Section 1. That every person using, operating, or driving a motor vehicle 
 upon or over the roads or highways of the State of North Carolina, or upon 
 or over any of the streets of any of the incorporated towns and cities of 
 North Carolina, upon approaching from any direction on the same highway 
 any school bus transporting school children to or from school, ivhile such bus 
 is stopped and engaged hi receiving or discharging passengers therefrom 
 upon the roads or highways of the State or upon any of the streets of any 
 of the incorporated towns and cities of the State, shall bring such motor 
 vehicle to a full stop before passing or attempting to pass such bus and shall 
 
School Legislation of 1943 31 
 
 remain stopped until said passengers are received or discharged at that place 
 and until the ''stop signal" of such bus has been withdrawn or until such bus 
 has moved on. 
 
 The provisions of this section are applicable only in the event the sdhool 
 bus bears upon the front and rear thereof a plainly visible sign containing 
 the words "school bus" in letters not less than five inches in height. 
 
 Sec. 2. That any person violating the provisions of this act shall be guilty 
 of a misdemeanor, and upon conviction shall be fined not to exceed fifty 
 dollars, or imprisoned not to exceed thirty days. 
 
 Sec. 3. That all laws and clauses of laws in conflict with the act are 
 hereby repealed. 
 
 Sec. 4. That this act shall be in force and effect from and after its 
 ratification. 
 
 Ratified this the 10th day of March, 1925. 
 1925, c. 265; 1943, c. 767, s. 1. 
 
 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, or any child whose father loas a member 
 of the armed forces of the United States of America during the aforesaid 
 period and who has died as the direct result of injuries, wounds or other 
 illness contracted during said period of service, shall be entitled to and 
 granted a scholarship of free tuition room and board and all necessary fees 
 required of students and furnished by the State Educational Institution at 
 which such student has matriculated. 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, and such other items and insti- 
 tutional services as are embraced within the so-called institutional matricula- 
 tion fees and other special fees and charges required to be paid as a condition 
 to remaining in said institution and pursuing the course of study selected. 
 That all applicants desiring to share the benefits of this paragraph and who 
 are qualified to meet the entrance requirements shall submit, to the educa- 
 tional institution they desire to enter, a certificate of financial need duly 
 executed by Commanding 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. 
 
32 School Legislation of 1943 
 
 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: Provided, that all the 
 benefits provided for in this Act shall also apply to any child whose father 
 was a member of the armed forces of the United States of America during 
 the aforesaid period and who is now living but due to illness contracted 
 since July second, one thousand nine hundred and twenty-one, has been 
 certified by the United States Veterans Administration as totally and per- 
 manently disabled but who draws no compensation from the United States 
 Government other than his insurance and hospitalization benefits. 
 
 Sec. 2. That all of the benefits of the provisions of Chapter two hundred 
 and forty-two of the Public Laws of one thousand nine hundred and thirty- 
 seven and all amendments thereto, shall be extended to and made available 
 for the children of veterans of the armed forces of the United States of 
 America who served between December seventh, one thousand nine hundred 
 and forty-one, the date of the declaration of war, and the date of the legal 
 termination of said war, wherever the disabilities of said veterans come 
 within the limits of and the provisions of said Act and any amendments 
 thereto. 
 
 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. 
 
 1937, c. 242; 1939, cc. 54, 165; 1941, c. 154, s. 1; 1941, c. 239, s. 1; 1943, c. 534, ss. 1, 2. See 
 below for additional amendment. 
 
 AN ACT TO AMEND SENATE BILL. NUMBER ONE HUNDRED AND 
 THIRTY-THREE, CHAPTER TWO HUNDRED AND FORTY-TWO, 
 PUBLIC LAWS OF ONE THOUSAND NINE HUNDRED AND THIRTY- 
 SEVEN, IN REGARD TO WORLD WAR ORPHANS. 
 
 The General Assembly of North Carolina do enact: 
 
 Section 1. That the benefits of the provisions of Chapter two hundred 
 and forty-two of the Public Laws of one thousand nine hundred and thirty- 
 seven, as amended, shall be extended to and may be availed of by any child 
 whose father was a resident of the State of North Carolina at the time said 
 father entered the armed forces of the United States and whose father was, 
 prior to his death, or is at the time the benefits of this Act are sought to be 
 availed of, suffering from a service connected disability of thirty per cent or 
 more as rated by the United States Veterans Administration; provided, that 
 such educational benefits to such children of partially disabled veterans shall 
 be limited to not more than five children in any one school year and; pro- 
 vided further, that if more than five children of such partially disabled 
 veterans apply for the benefits of this Act in any one school year the State 
 Superintendent of Public Instruction shall designate the five children who 
 shall receive such benefits. 
 
 Sec. 2. That this Act shall be in force from and after its ratification. 
 In the General Assembly read three times and ratified, this the 15th day 
 of March, 1941. 
 1941, c. 302. 
 
School Legislation of 1943 33 
 
 ART. 30. TEXT-BOOKS FOR ELEMENTARY GRADES 
 (Chapter 136, Public Laws of 1923) 
 
 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- 
 tary 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 vfhich 
 instruction is required to be given by law. And six months before the ex- 
 piration of the contracts now in force it shall adopt for a period of Ave 
 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: Provided, the 
 State Board of Education may adopt not exceeding three basal books on the 
 subject of North Carolina history and, if such multiple adoption is made, the 
 State Board of Education may by rules and regulations prescribe the manner 
 of use of such books in the public schools of the State: Provided, the State 
 Board of Education may enter into contract with a publisher for a period less 
 than five years, if any advantage may accrue to the schools as a result of a 
 shorter contract than five years. 
 
 C. S. (Ill), 5T30; 1933, c. 464, s. 1; 1939, c. 68. 
 
 Sec. 321. 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 contract 
 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 Com- 
 mission 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 improved by 
 the adoption of a new book or books. 
 
 In the event that a change of text-books contracted 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 submitted by the Text-book 
 Commission a new book or books on said subject. Moreover, the publisher oH 
 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 recommendations from the Text-book Commission on that 
 book and proceed as in the first instance. 
 
 c. S. (Ill), 5T31. 
 
 Sec. 322. Classification of text-books. The text-books in use in the 
 public schools are hereby divided into two classes: (1) major subjects, which 
 
34 School Legislation of 1943 
 
 include readers, arithmetics, language and grammar, history and geography; 
 and (2) all other books on all other subjects shall be considered as minor 
 subjects. 
 
 C. S. (Ill), 5732. 
 
 Sec. 323. Basal and supplementary books. That all text-books to be 
 adopted by the State Board of Education shall be basal books or supplemen- 
 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. 
 
 Sec. 325. The Text-Book Commission. The Governor and the Superin- 
 tendent of Public Instruction shall appoint on April first, one thousand nine 
 hundred and forty-three and annually thereafter a Text-book Commission 
 composed 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 one year 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. The 
 members of the Commission shall be subject to the call of the State Board of 
 Education at any time during their term of service. 
 
 The terms of office of the incumbent members of the Text-book Commission, 
 appointed pursuant to Section five thousand seven hundred and thirty-five of 
 Volume three of the Consolidated Statutes, shall expire on April first, one 
 thousand nine hundred and forty-three. 
 
 C. S. (Ill), 5735; 1943, c. 627, ss. 1, 3. 
 
 Sec 3 26. Organization of commission. Immediately after the appoint- 
 ment of the Text-book Commission the Superintendent of Public Instruction 
 shall cause said Text-book Commission to meet in his office and organize 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 members, 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 submit 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 members 
 of the Text-book Commission receive information from representatives of 
 book companies they shall keep a record of each such visit and the purpose of 
 the visit. 
 
 C. S. (HI), 5736. 
 
 Sec 327. Compensation of commission. Each member of the Text-book 
 Commission shall be paid five dollars ($5.00) a day for actual attendance upon 
 meetings of the commission and actual expenses incurred by such attendance. 
 
 C. S. (Ill), 5737 ; 1943, c. 627, s. 2. 
 
School Legislation of 1943 35 
 
 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 with the law. 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 multiple list of basal books to be 
 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 Superintendent 
 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 Com- 
 mission deems unsuitable, or that does not conform to the outline course of 
 study. 
 
 The Text-book Commission shall report whether any of the major subjects 
 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. 329. 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 otheT - 
 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), 5T39; 1933, c. 464, a. 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 manuscripts 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 through 
 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 
 
36 School Legislation of 1943 
 
 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. 
 
 Sec. 329(b). The State Board of Education is authorized and empowered 
 to make and enter into all such contracts as may be necessary to provide for 
 the proper distribution of text-books 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 empowered 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 between the State Board of 
 Education and the publisher or publishers, for the distribution of school text- 
 books adopted by it or in use in any 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. 330. 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 Superin- 
 tendent of Public Instruction all agents or other employees of any kind 
 authorized to represent said company in the State, and this registration list 
 shall be open to the public for inspection. 
 
 C. S. (Ill), 5741. 
 
 Sec. 332. 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. 
 
School Legislation of 1943 37 
 
 AN ACT TO PROMOTE ECONOMY 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, supported 
 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 provisions 
 of this Act shall be used by all the public high schools of the State. 
 
 Sec. 2. That the Governor and State Superintendent of Public Instruction, 
 at the expiration of the terms of office of the members of the State Com- 
 mittee on High School Text-books, and annually thereafter, shall appoint a 
 State Committee on High School Text-books, consisting of five members, five 
 of whom are actively engaged in school work, who shall serve for a term of 
 one year. Members of the committee shall be paid five dollars ($5.00) a day 
 for actual attendance upon meetings of the committee called by or under the 
 direction of the Superintendent of Public Instruction, and actual expenses in- 
 curred by such attendance. 
 
 1943, c. 627, s. 4. 
 
 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 pub- 
 lisher in the first group of fields of instruction as arranged by said State Com- 
 mittee 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 exceeding three books in each field of instruction in 
 the first group. Not later than January first in each succeeding year, the 
 State Committee 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 satisfactory 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 con- 
 tract 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 
 
38 School Legislation of 1943 
 
 make an adoption. It shall be the further duty of the State Board of Edu- 
 cation 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 edition 
 of books as adopted, etc., the Attorney-General shall bring suit against 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 contract 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; 1943, c. 627, s. 4. 
 
 AN ACT FOR THE ADOPTION OF A STATE BIRD. 
 
 Whereas, North Carolina and Connecticut are the only states in the Union 
 that have not adopted an official state bird; and 
 
 Whereas, there is a wide-spread movement now on foot among the Bird 
 Clubs, Garden Clubs, and many of the schools of the State, together with a 
 large number of individuals, looking to the adoption of a state bird by the 
 present Legislature, to which end the North Carolina Bird Club has, so far as 
 it has been in its power, canvassed the State for votes on the selection of a 
 suitable representative bird to be officially adopted; and 
 
 Whereas, the Cardinal has received a decidedly larger number of votes 
 than any other species: Now, therefore, 
 
School Legislation of 1943 39 
 
 The General Assembly of North Carolina do enact: 
 
 Section 1. That the Cardinal shall be, and hereby is declared to be the 
 official State Bird of North Carolina. 
 
 Sec. 2. All laws and clauses of laws in conflict with this Act are hereby- 
 repealed. 
 
 Sec. 3. 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 8th day of 
 March, 1943. 
 
 1943, c. 595. 
 

UNIVERSITY OF N.C. AT CHAPEL HILL 
 
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 00034037113 
 
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 Library building.