GIFT OF PUBLIC SCHOOL LAWS OF TENNESSEE TOGETHER WITH LEADING DECISIONS OF THE SUPREME COURT, EXPLANATORY NOTES, AND AMENDMENTS MADE BY GEN- ERAL ASSEMBLIES UP TO MAY 14, 1901. This Book is the property of the State. It is made by law the official duty of any officer or teacher who may receive it to preserve it as public property, and turn it over to his successor in office. MORGAN C. FITZPATRICK, STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. NASHVILLE, TENN. 1901. PUBLIC SCHOOL LAWS OF TENNESSEE TOGETHER WITH < LEADING DECISIONS OF THE SUPREME COURT, ^ EXPLANATORY NOTES, AND AMENDMENTS MADE BY GENERAL ASSEMBLIES UP TO MAY 14, 1901. MORGAN C. FITZPATRICK, STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. NASHVILLE, TENNESSEE. 1901. STATE OF TENNESSEE, DEPARTMENT OF PUBLIC INSTRUCTION, NASHVILLE, May 15, 1901. To the County Superintendent: The Act of 1873, providing for our present system of public schools, makes it the duty of the State Superintendent of Public Instruction to print the public school laws of the State, in pam- phlet form, for use of school officials and teachers. This pam- phlet contains all general legislation upon that subject and such special legislation as may be of general interest. The law is given as it exists to-day, after various amendments by the Gen- eral Assembly. The text-book law, the act for the protection of female colleges, the act prohibiting co-education, the act prohib- iting teachers of one race from teaching children of another, the county high school bill, and the acts providing for the govern- ment of the public schools in the city of Memphis are given in full. Many special acts have been passed by the Legislature at its different sessions, creating new school districts in certain coun- ties, or out of portions of two or more counties, and as these acts ap- pear in the printed acts of the Legislature, and are not of general interest, they are not included in this compilation. I have also omitted special statutes amending the charters of towns and cities, as well as those providing for the purchase and sale of school prop- erty in various localities. These statutes cannot be of general inter- est. Tin:-" pamphlet contains all changes and amendments to gen- eral public school laws up to May 14, 1901. It also contains a brief of the Supreme Con jt- decisions upon important public school questions. A sufficient- immber have -been printed to supply all public school demands, and, the pamphlet being the property of the State, should be preserved and turned over to your successor. C. FlTZPATKICK, State Superintendent. The Public School Laws of Tennessee, TOGETHER WITH LEADING DECISIONS OF THE SUPREME COURT, AND EXPLANATORY NOTES. [ALL PARTS OF LAWS PRINTED IN ITALICS HAVE BEEN ADDED BY AMENDMENT.] SECTION 1. There shall be established and maintained^, chap.25. System. in this State a uniform system of public schools. SEC. 2. (1) The public school system shall be adminis- IST& chap. 25. tered by the following authorities, to wit : A State Superin- tendent, County Superintendents, and District Directors. (2) The public schools already established in any of tho ^ 3 '52 Chap ' 85 ' counties of this State shall continue to be managed and pvous conducted as now prescribed by law until the school officers to hereby created shall have been duly elected or appointed and qualified ; and the provisions of this act shall not apply to them until a County Superintendent of Public Schools shall have been appointed. STATE SUPERINTENDENT. SEC. 3. The State Superintendent shall be a person of QuaiiflcSn? ' literary and scientific attainments, and of skill and expe-n tended f up see rience in the art of teaching, and who shall be nominated by the Governor and confirmed by the Senate. SEC. 4. (1) He shall hold his office for two years, unless ^ n ^Jjj.f 5 ' removed as hereinafter provided, and shall have an annual Jj COI P eusa - salary of $2,000, -to be paid out of the school money in the State Treasury ; and during the term of office he shall devote his entire time and attention to the duties imposed by this act. (2) The State Superintendent of Public Instruction of ^ mbe c r h 7 25< Tennessee, shall be, ex officio, a member of the State Board state Board - of Education. 380089 TH PUBLIC SCHOOL LAWS OF TENNESSEE. He shall also be a member, ex officio, of all other State educational bodies or associations. (By^Chap. 343, page 788, Acts 1899, the State Superintendent is made Secretary and Treasurer of the State Board of Education, and Treasurer of the Peabody Normal College fund.) 1873. chap. 25. SEC. 5. He shall be liable to removal from office by the How removed. f J Governor for misconduct or neglect of duty; any vacancy to be supplied by a new appointment for the unexpired term; Provided, That, in the event of any such removal, the reason for the same shall be communicated, .in writing, to the Superintendent thus displaced, and also to the Sen- ate, if in session, and, if not, within ten days after it may next meet. IBIS. chap. 25. SEC. 6. The office of the State Superintendent shall be Office at Capi- at the capital of the State, and a room in the State Capitol may be provided for that purpose. DUTIES OF STATE SUPERINTENDENT. 1873. chap. 25. SEC. 7. The duties of the Superintendent shall be as follows : statistics, etc. (1) To collect and disseminate statistical and other information relating to the public schools. inspection. (2) To make tours of inspection among the public schools throughout the State. See that laws ( 3 ) To see that the school laws and regulations are are executed. .-,/.,! faithfully executed. Distribute (4) To prepare and distribute blank' forms for all re- turns required by law, or deemed by him necessary to be made by teachers, school officers, and County Superintend- ents of Public Schools, for the use of the several counties. Distribute (5) To have printed and distributed to the County school laws. Superintendents and other school officers as many copies of the school laws as may be necessary, with appropriate forms and instructions for carrying said laws into execu- tion. ine?s int exam " ( 6 ) To appoint, at his discretion, persons in each county to visit and examine all or any of the public schools THE PUBLIC SCHOOL LAWS OF TENNESSEE. 5 therein, and report to him touching all such matters as he may indicate respecting their condition and management, and the means of improving them; but no compensation shall be made for such services. (7) To require of County Superintendents detailed |jj r q t re re - reports annually, and as much oftener as he may deem proper; and he may require special reports at any time of any officer connected with the school system. (8) To appoint some one to make the reports required ^^ ^J^' to be made by the County Superintendent when such re P rts - Superintendent shall fail to make full report at Ihe time designated, and to allow such appointee what he may deem just for his services, which shall be paid by the delinquent County Superintendent; and upon his refusal to do so, the State Superintendent shall stop, in the hands of the County Trustee, that amount of his salary, or bring suit, in his official name, against him in a court of compe- tent jurisdiction, to enforce the payment. (9) To prescribe the mode of examining and licensing License of school teachers, and their necessary qualifications. (10) To preserve in his office and conveniently arrange r e e n s * s rve docu " all documents and matters in relation to educational sub- jects that may come into it. (11) To report to the Comptroller of the State, on the Report scho- lastic popula- first day of December in each year, the scholastic popula- tion - tion of each county. (12) To annually submit to the Governor, on or before Annual report, the fifteenth day of September, a detailed report of his official proceedings for the year ending the thirtieth day of June preceding , exhibiting a plain statistical account of receipts and expenditures for public schools, and of their condition and progress, showing the number of children, male and female, white and colored, respectively, in the State and in each county, between the ages of six and eighteen years, the total number of pupils enrolled, the average number belonging, and the per cent, of attendance THE PUBLIC SCHOOL LAWS OF TENNESSEE. during the year, the average paid to teachers, male and female, the amount of each branch of school expenditures, severally, the cost of education per scholar, and whatever else may tend to show the degree of success and usefulness of the system ; Provided, however, That under the provis- ions of this act all persons between the ages of eighteen and twenty-one, inclusive, shall have the benefit of this act for the term of three years from and after the first organ- ization, of public schools under this act, in the school district in which such persons may live. (This section has been amended so that the school age is from six to twenty-one years inclusive.) NOTE. By the act of 1873 the scholastic year ended August 31. It was made to end June 30 of each year by act of 1881. Chap. 103, Sec. 1. 1891. chap. 138, (13) It shall be the duty of the State Superintendent to have printed and distributed to the school officers of the State, and to the County Courts of the several coun- t - eg a pp r0 p r i a te forms and instructions for carrying into effect the provisions of this act. COUNTY SUPERINTENDENTS. 1873. chap. 25, SEC. 8. (1) There shall be a County Superintendent for How elected. ^ ' / r each county, who shall be elected by the County Court at its April or July term. 1873, and after 1874 he shall be elected biennially in January, and no member of the Qualifications. County Court shall be eligible to said office. He shall be a person of literary and scientific attainments, and, when practicable, of skill and experience in the art of teaching; shall hold his office for two years, and shall receive such pay for his services as may be allowed him by the County Court, to be paid upon the order of the Chairman or Judge of the County Court by the County Trustee. He Removal. shall be subject to removal from office for misbehavior or inefficiency at any time by the County Court; Provided, That the causes for such removal shall be communicated to him in writing. THE PUBLIC SCHOOL LAWS OF TENNESSEE. 7 (This section is amended so as to read: Said County Superintendent shall be a person of literary and scientific attainments, and of skill in the theory and practice of teaching; Provided, That preceding each biennial election, or any election to fill a vacancy for County Superintendent Examinations, of Schools, each applicant shall file with the Chairman of the County Court a certificate of qualification, given by the State Board of Education ; Provided, That on the first Monday in October preceding each biennial election for County Superintendent of Schools, and at any other date or dates fixed by the State Board of Education, each appli- cant for said office shall, undergo a public examination at the county site of the county in which he or she is an ap- plicant, by and before a commission of three residents of tho county, said commission to be previously appointed by the Chairman of the County Court, and to be citizens who, by education and experience, are most eminently qualified to hold said examination, the same to be held under such rules and regulations as may be prescribed by the State Board of Education ; Provided, That, if qualified as attested by said examination, said applicant shall re- ceive a certificate of qualification by the State Board of Education. 1895, Chap. 54.) Provided further, That those who have been previously examined or may hereafter be examined under the regula- Amended by tions of the State Board of Education, and having at- 1899. tained 90 per cent, in general average, and not falling be- low 70 per cent, in any study, shall be exempt from said examination so long as they continue in the public school work. (2) In the election of County Superintendent of Bd cation, women of the age of twenty-one years, and other- ble wise possessing the necessary qualifications, shall be eligi- ble for said position. THE PUBLIC SCHOOL LAWS OF TENNESSEE. supervision. Text-books, Directors' reports. DUTIES OF COUNTY SUPERINTENDENTS. 1873. chap. 25. SEC. 9. That the duties of the County Superintendent shall be as follows : (1) To have supervision of the public schools in the county. ( 2 ) ^ ^i* ^ e schools of the several districts from time to time, and confer with the teachers and District Directors as to the improvement of schools or the promo- tion of their interest in any way ; to keep himself informed as to the merits of text-books, "and to suggest to the District Directors such changes as may from time to time be advisable, with a view to securing uniformity in the course of study throughout the county, when it can bo done without increased expense to the parent. (3) To see that the District Directors make their re- ports on all matters required of them ; and when they fail to make full reports, or to make them in time, the County Superintendent may appoint some other person to perform these duties. (4) To perform such duties in relation to the exami- x J nation of teachers, and issuing to them certificates of qualification, as may be required of him by the State Su- perintendent. ^5) To report to the Countv Trustee, as soon as ascer- tained, the scholastic population of each school district on the last day of June. ^) ^ ^ serve suc ^ directions and regulations as the ea State Superintendent of Schools may from time to time prescribe; to make special reports to that officer whenever required; and, on or before the first day of August, an- nually, to make to him a report for the year ending the thirtieth day of June preceding, in such form and con- taining all such particulars as shall be prescribed and called for, a copy of said report to be furnished to the County Court of his county at its quarterly session on the first Monday in January. TO examine and issue cer- TO renort to Truslee. THE PUBLIC SCHOOL LAWS OF TENNESSEE. 9 (7) To keep a record of all his official acts in a book to T , ol ^ e P record \ / * of official acts. be provided for that purpose, and to keep a record of the numbers and boundaries of the school districts of his county, and the changes that may be made therein from time to time. (8) In all cases where the District Directors of the warrants to be 7 countersigned public schools issue warrants upon the County Trustee for ^deat^ 11 " school apparatus, maps, charts, globes, school furniture, and all other expenditures of the public school funds, except for teachers' salaries, the warrants drawn by said Directors shall be countersigned by the County Superin- tendent before the same shall be paid by the County Trustee, and all warrants issued 7 oy said Directors for any claim shall be written and signed in ink. (9) It shall be the duty of the Countv Superintendent Superintend- ent to keep rec- to keep a well bound book, in which he shall enter a ord book - memorandum of all warrants countersigned as provided in the last subsection, showing the amount and date of each warrant, to whom issued, for what purpose, and from which district ; and said County Superintendent shall include in his annual report to the County Court a full, clear, and succinct statement of all warrants so counter- signed by him. SEC. 9a. p (t) County Superintendents of Public In- county super- i IT 11 intendent not struction are prohibited from teaching any public school, to teach, nor to 7 contract as to either as principal or assistant, during their official terms, t ch nor take [for "nor take" should have been used "and from taking"] any contract for building or repairing public 07 school property, nor become [for "nor become" should have been used ''and from becoming' 1 ] the owner of school warrant other than allowed him for his services as County Superintendent; Provided, That this act shall only apply to counties of 30,000 inhabitants and over. (2) It shall be a misdemeanor in office for any County Teaching. . . i , i T i i i Misdemeanor Superintendent to tea^i any public school, as principal or in office, and fine. Assistant, during his office [official] term. In addition to 10 THE PUBLIC SCHOOL LAWS OF TENNESSEE. the punishment prescribed by statute for misdemeanors in office, such Superintendent shall be fined not less than twenty-five dollars nor more than fifty dollars for each offense committed, and all fines arising from such causes shall be paid into the public school fund of the county where such offense is committed. (Id., Sec. 2.) 1889. chap. 247. SEC. 10. (1) There shall ~be elected at the August elec- directors. tion, in the year 1890, two School Directors, and at the regular August election every two years thereafter there shall be elected three School Directors for each school district. (2) There shall be no election of School Directors in the years 1889, 1891, or other odd years., but the terms of Directors expiring under the present law in 1889 shall be extended until 1892, both until the election of their suc- cessors, as provided in SECTION 1 OF THIS ACT. 1873. chap. 25. SEC. 11. Any person shall be eligible to the office of Eligibility. Director who is qualified, by being able to read intelli- gently and write legibly, to perform the duties required, and who is a resident of the district; if he shall cease to be a resident thereof, his office shall be deemed vacant. 1873. chap. 25. SEC. 12. The Directors shall be elected on the first Thursday in August, by the qualified voters of the district. 1873. chap. 25. SEC. 13. The election shall be held by the Sheriff or Election, how . , . . held. other election officers under the same laws by which he is governed in holding other elections. 1873^ chap. 25. SEC. 14. The person receiving the highest number of declared. votes shall be declared elected, and the person holding the election shall certify the result to the County Super- intendent and County Court Clerk, and shall give notice of the same to the Directors elected. 1873. chap. 25. SEC. 15. All district School Commissioners now in office shall hold their offices until the election herein provided for shall be held and their successors elected or appointed and qualified. THE PUBLIC SCHOOL LAWS OF TENNESSEE. 11 SEC. 16. If, from any cause, Directors shall not be ^u'nty sSper-' elected on the first Thursday in August, the County Super- ^ e n int nt to intendent shall appoint them in districts failing to elect. SEC. 17. When a vacancy occurs among the Directors in ISQI. chap. i4e, any district during their term of office, the County Super- vacancy. intendent shall fill the same by appointment, upon being notified of such vacancy by the remaining Directors. SEC. 18. The School Directors of each district shall hold ip. chap 25. Meeting of their first meeting within thirty days after their election, and shall appoint one of their number Chairman, and another Clerk and Treasurer, and their appointment shall be made annually thereafter. Acts 1899, Chapter 218, page 471 : It shall be the duty of the commissioners or other officers of elections in the various counties of this State to open and hold elections in the various school districts in this State on the fourth Saturday in May, 1900, and biennially thereafter, for the purpose of electing three School Directors for each school district; Provided, That this act shall not apply to any county in this Slate where school districts and civil dis- tricts are co-extensive, or may hereafter be made so; Pro- vided, This act shall not apply to incorporated towns which have a school system of their own; Provided, This act shall also include districts composed of portions of differ- ent counties. Said election shall be held and governed by and under the laws now governing general elections, except thai these elections shall be held at the school houses in the va- rious school districts, or such other places as said election officer may direct, and that the polls shall be opened at one o'clock, p.m., and shaTl be closed at five o'clock, p.m., and the officers holding said elections shall not receive any com- pensation therefor. SEC. 19. No Director shall be a teacher in the public JSTS- cnap 25. Directors not schools of his district, nor take any contract for building a schoolhouse in his district, nor any contract which this warraut - 12 THE PUBLIC SCHOOL LAWS OF TENNESSEE. Board is competent to make, nor become the owner of a school warrant. DTTTIES OF DISTRICT DIRECTORS. 1873. chap. 25. SEC. 20. The duties of School Directors shall be as follows : TO enforce (1) To explain and enforce the school laws arid regula- schooiiaws. t j onSj ant [ themselves to observe them. TO visit schools (2) To visit the public schools within the district from time to time, and see that they are conducted according to law and with efficiency. TO employ and (3) To employ teachers, and to dismiss them for incom- ers 1 petency, improper conduct, or inattention to duty. TO suspend and (4) To suspend or dismiss pupils when the prosperity or efficiency of the school makes it necessary. TO use school * To use the school fund apportioned to their district, interest 1 5 st derived from donations or other sources, in such manner as will promote the interest of public schools in their respective districts. TO take census. (6) To see that the census of thekshildren, required by Section 7 of this act, is taken in the proper time and man- ner prescribed by this act. TO how meet- (7) To hold regular meetings as prescribed by them, and special meetings when called by the Chairman or by any one of the members. TO can meet- (8) To call meetings of the people of the district for ings of people. consultation 111 regard to the school interests thereof. separate (9) To keep separate and apart schools for white and schools for col- , ' , , ., , ored children. coJorecl children. Amended by acts of 1901, as follows: SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter it shall be unlaw- ful for any school, academy, college, or other place of learn- ing, to allow white and colored persons to attend the same school, academy, college, or other places of learning. SEC. 2. That it shall be unlawful for any teacher, pro- THE PUBLIC SCHOOL LAWS OF TENNESSEE. 13 fessor or educator in this State, in any college, academy or school of learning, to allow the white and colored races to attend the same school, or for any teacher or educator, J^proiubued or other person, to instruct or teach both the white and Ji5idren C o h f ing colored races in the same class, school or college building, Sith e pubSc or or in any other place or places of learning, or allow or pr permit the same to be done with their knowledge, consent or procurement. SEC. 3. That any person or persons violating this act or any of its provisions, when convicted, shall be fined for each offense fifty dollars .($50) and imprisoned not less than thirty days nor more than six months, at the discre- tion of the court. SEC. 4. That grand juries shall have inquisitorial pow- ers of all violations of the act, and the same to be given in charge by Circuit Court Judges to the grand juries. SEC. 5. That this act take effect from and after the first day of September, 1901, the public welfare requiring it. It shall be unlawful for any Board of Trustees of any Teachers pro- , n . , , ,..,,, rf " hibited from public school district of the State to employ anv teacher, teaching chii- \ ' dren of another instructor or principal m said school unless such teacher, race - instructor, or principal be of like race represented by said school. A violation of this act shall be a misdemeanor, and for see Acts 1901. each offense shall be punishable by fine of not less than fifty dollars arid thirty days imprisonment. (10) It shall be the duty of the District Directors to draw upon the County Trustee, in favor of the teachers of their districts., for any school money due such teachers in the hands of the Trustee for distribution in their districts, and they shatl also draw their warrants upon the Trustees for any other school money expended properly under the law for other purposes, said ivarrants to be paid by the County Trustee; and hereafter it shall not be lawful for the Trustee to pay any school money over to the Clerks of District Board of Directors, but he shall hold the same, and 14: THE PUBLIC SCHOOL LAWS OF TENNESSEE. only pay it out as provided for in this section of this ad; and it shall be the duty of the Trustee to make to the County Superintendent, on or before the fifteenth day of July of each year, a full and correct report of the amount of money received by him for school purposes, and the dis- bursements of the same. TO manage (11) To take care of, manage, and control public school school prop- erty, property of the district. TO report to ( 12 ) ^ re P rt an 7 special matter required by the i C ntedentT r ~ County Superintendent of Schools, and report to him annually, by the fifteenth day of July, down to the thir- tieth day of June, on all subjects indicated in the blank forms supplied for the purpose, and, until that report be delivered, the Clerk shall not be allowed to draw the last installment of pay for his services. CLEKKS. 1873. chap. 25. SEC. 21. The duties of the Clerk of the District shall be as follows: and tak th census ^"^ Within thirty days after his appointment, and an- statistics. nually thereafter, in the month of July, to take a census of all persons residing in the school district between the ages of six and twenty-one years, and to gather the statistics relating to education, according to forms furnished by the Superintendent of Public Instruction. TO keep record (2) To keep an accurate record of all proceedings of the Board of Directors, and especially of the purpose and amount of accounts ordered to be paid, and of the date of their being audited. TO act as secre- (3) To act as secretary of all school meetings of the tary and keep " -. . , cn strict; to keep in a bound volume a cash account and a record of his own official acts ; and to keep on file vouch- ers, contracts, and other official papers, all of which shall be open to the inspection of the County Superintendent of Schools, and of every citizen of the district, and shall THE PUBLIC SCHOOL LAWS OF TENNESSEE. 15 be subject to such periodical examinations as shall be prescribed by the County Superintendent. (4) To discharge such other duties in connection with other duties - the school business of the district as may be required of him. (5) The Clerk of the District Directors shall not re- JSTO .chap 129, v ' Sec. 3. ceive more than two per cent, per capita for his services in taking the census of the children in his district between the ages of six and twenty-one years, and for making his report thereof, "and other reports" to the County Super- intendent and County Trustee, which sum shall be paid by the County Trustee out of the funds due said district; Provided, That the County Superintendent shall not draw Fee of District any order in favor of any District Clerk who fails to make his report of the scholastic population of his district within the time prescribed by laAv; and said two cents per capita shall be in full compensation for all his services as such clerk for one year. SCHOOL DISTRICTS. , SEC. 22. (1) The school districts shall be as they now are, or as they may be hereafter established under the provisions of this act. They shall be numbered by the County Superintendent, and designated as "School Dis- trict No. , in the county of - ," by which name it may sue and be sued, contract and be contracted with, and take, hold, and convey property. (2) The several County Courts of this State be, and issu ohap they are hereby, authorized and empowered to lay off and create new school districts in their respective counties whenever the same shall be necessary, and to change or establish the lines between existing districts whenever the same shall be to the interest of the public schools of the county ; Provided, The same shall be done only at the July term of the court, written notice of the same having 16 THE PUBLIC SCHOOL LAWS OF TENNESSEE. been read at some previous term of the quarterly court. (1897, Chap. 83; House. Bill 57.) sc 9 '6 Chap ' 129) (^ ^ e District Directors are hereby authorized to subdivide school districts. 1879. chap. 77. (4) Persons living on each side of a countv line, and Joint school districts. not convenient to a public school in their respective dis- tricts or counties, may form themselves into a school dis- trict jointly, the children of each county drawing their respective pro rata of public school money; Provided, That the School Directors of the school districts adjoining said county line mav agree as to the number of scholars taken from each county to form said district. (4:a) That school districts adjacent to incorporated towns are authorized to purchase property inside the corpo- rate limits of such town and erect thereon school houses, which shall be under the exclusive control of the direc- tors of such school district, for the use and convenience of the school children in such school district. GENERAL RULES FOR OFFICERS OF SCHOOLS. 1873. chap. 25. SEC. 23. ~No State nor Countv Superintendent of School teachers Schools, n o r School Directors, nor any other officer, nor agents. anv teacher of the public schools, shall have any pecuniary interest, directly or indirectly, in supplying books, maps, school furniture and apparatus to the public schools of the State, nor shall act as agent for any author, publisher, bookseller, or defaler in any such school furniture or ap- paratus, or, directly or indirectly, receive any gift, emolu- ment, reward or promise of reward, for his influence in recommending or procuring the use of any book, map, or Penalty. school apparatus, or furniture of any kind, in any public school of this State ; and any school officer or teacher who shall violate this provision, besides being removed from his post, shall be subject to a penalty of not less than two hundred, nor more than five hundred dollars, and shall be guilty of misdemeanor; Provided, Thai nothing in this THE PUBLIC SCHOOL LAWS OF TENNESSEE. 17 section shall be construed, so as to include authors of books and maps (Acts 1899). SEC. 24. All school officers going out of office shall ^j deliver to their successors the records and all official papers belonging to the office. In case of the refusal of n any officer to do so, on demand of his successor, he shall forfeit not less than twenty-five nor more than one hun- dred dollars therefor; and a like penalty for each month during which he shall persist in withholding the same, and shall be guilty of a misdemeanor. SEC. 2o. All penalties and forfeitures imposed by this | act upon a County Superintendent of Schools shall be for the benefit of the public schools of the county; and all 01 penalties imposed upon School Directors or other district school officers, or upon teachers, shall be for the benefit of the public schools of the district where the offense is committed. The suit for such penalties shall be in the official name of the State Superintendent. And if prose- cuted in a court of record, it shall be the duty of the District Attorney to conduct the same. It shall also be the duty of the District Attorney, and any school officer of the county, or of any school district, as the case may be, to set such prosecution on foot; Provided, That if a penalty shall be inflicted for any such offense, in pursuance of this act, the party shall not be a sdcond time subject to a penalty therefor. SCHOOL TEACHERS. SEC. 26. No teacher of public schools shall be employed, ISTS. cimp. 25. * ' Teacher must or receive any pay from the public funds, unless he or she have a certificate of qualification given to him or her by ployed the County Superintendent for the county within which he or she is employed. No such payment shall be allowed, if made, and any officer who shall make or sanction it shall also be subject to a penalty of not less than five nor 2* 18 THE PUBLIC SCHOOL LAWS OF TENNESSEE. re ore than fifty dollars : and for like services of male and fornale teachers, like salaries shall be paid. 1873. chap. 25. SEC. 27. Every teacher in a public school shall keep a Teacher to keep register dsilv register of facts pertaining to his or her school, in and deliver to " * C* such form, as the school regulations shall require, and shall be responsible for the safe-keeping and delivery of the same to the clerk of the school district at the close of the school term, or of the period of his or her services, whichever shall first happen. 1873. chap. 25. SEC. 28. Written contracts shall be made with all public Written eon- 111 r> tracts. school teachers, at fixed rates per month, before they enter upon their duties, in a form prescribed by the school reg- ulations; such contracts shall be signed in duplicate, each party holding a copy. 1873. chap. 25. SEC. 29. Any teacher of a public school mav, for suffi- May suspend . *".- i " pupils. cient cause, suspend pupils from attendance on the school until the case is decided by the Board of School Directors, which shall be with as little delay as possible. SCHOOLS, AND PUPILS WHO MAY ATTEND SCHOOLS. 1873. chap. 25. SEC. 30. The public schools shall be free to all persons School attend- -\ -, / . -, . . -i . between the ages of six and twenty-one years residing within the school district, and in special cases those chil- dren residing in different districts may be educated in school under such regulations as may be prescribed by the Directors of the district interested ; Provided, That white and colored persons shall not be taught in the same school, but in separate schools, under the same general regulations as to management, usefulness, and efficiency. i89i chap 132 SEC. ^' W There shall be two classes of district public It classes of schools, designated respectively primary schools and sec- ondary schools. primary (2) The Directors of each school district shall establish schools. , . , -. i and maintain therein as many primary schools as may be necessary to teach the children of the district; but they shall have due regard to increasing the length of the THE PUBLIC SCHOOL LAWS OF TENNESSEE. 19 school term for the benefit of the district by limiting the number of schools, and they shall not waste the school funds by unnecessary multiplication of schools. In every primary school shall be taught Orthography, Reading, Writing, Arithmetic, Grammar, Geography, History of Tennessee, [containing'] the Constitution of Tennessee (Acts 1899), and History of the United States, containing the Constitution of the United States. Vocal Music and Elocution, or the art of public speaking, may be taught therein, and no other branches shall be introduced, except those added in (4) below. (3) The Directors of each school district, whenever the Secondary schools. interests of the district shall require it, may establish and maintain therein one or more secondary schools. Every secondary school shall consist of a Principal, and when necessary, an assistant or assistants may be employed. In every secondary school shall be taught the following branches: Orthography, Reading, Writing. Arithmetic, Grammar, Geography, History of Tennessee, [containing"] the Constitution of Tennessee (Acts 1899), History of thfl United States, containing the Constitution of the United States, Elementary Geology of Tennessee, Ele- mentary Principles of Agriculture, Elements of Algebra, Elements of Plane Geometry, Elements of TsTatural Philos- ophy, Bookkeeping, Elementary Physiology and Hygiene, Elements of Civil Government, and Rhetoric or Higher English. Practice shall be given in Elocution, or the art of public speaking. Vocal music may be taught, and no ether branches shall be introduced, except those included in (4) following. (4) Amendment taking effect January 1, 1896 (Acts physiology and -ioi\f r^i -nrv\ T i T , ^ i ' i 1-1 hygiene, effects 1M)5, Chap. 180) : In addition to the branches in which of alcoholic drinks, narcot- instruction is now given in the public schools of this State, icsandcigar- 7 ette smoking Physiology and Hygiene, with a special reference to the be tau ht - nature of alcoholic drinks and narcotics, and smoking cigarettes, and their effects upon the human system, shall 20 THE PUBLIC SCHOOL LAWS OF TENNESSEE. d so be taught as thoroughly as other required branches, and shall be made a regular course of study for all pupils in all schools supported entirely or in part by public money. Teachers re- (5) ~No certificate shall be granted to any person to a knowledge of tench in the public schools of this State after the first of such branches. January, 1896, who has not passed a satisfactory exami- nation in Physiology and Hygiene, with special reference to the effects of alcoholic drinks and narcotics, and cigar- ette smoking upon the human system. 1879. chap. IST, ((j) The Superintendent of Public Instruction of this ?o^ex i t s -books s State, and Commissioner of Agriculture, shall be consti- . tuted a commission to procure the preparation of, or the designation of, a work on the "Elementary Principles of Agriculture,' 7 which shall be taught in the public schools of the State, as are the other studies prescribed in the 21st [81st] section of the public school law. Provided, No moneys are to be paid by the State, or out of the school fund, for the preparation of the necessary book. i89i. chap. 133, SEC. 32. fl) The course of study in the public schools O6O. . s '- by h cou S nfy a sn? ^ eacn county shall be graded, and the system of promot- ing pupils through the several grades shall be prescribed by the County Superintendent thereof, in accordance with the general regulations of the State Superintendent. The course of study in the primary schools shall consist of five grades, and the course of study in the. secondary schools shall consist of eight grades, the first five grades in each boinfr identical. ( 2 ) Pupils completing the first five grades, and attain- i.Tig proficiency therein, shall receive a certificate from the State Superintendent, certifying that the holder has com- pleted the primary school course, which shall be counter- signed by the County Superintendent and District Direc- tors, and the teacher or the teachers of the school, and shall entitle the holder to enter the sixth grade of the sec- ondary school of any school district, or of the high school THE PUBLIC SCHOOL LAWS OF TENNESSEE. 21 of any high school district, which is now or may hereafter be established, and in which the holder resides. (3) Pupils completing the eighth grade in the course of ^jJJJJn? the secondary schools, and obtaining proficiency therein, aiy tl s ohoofs nd ~ shall receive a diploma from the State Superintendent, which shall be countersigned by the County Superintend- ent, and by the District Directors and by the teachers of the school, and which shall entitle the holder to enter the ninth grade of the high school of any high school district which is now or may hereafter be established, and in which - the holder resides. SEC. 33. The District Directors shall have the power, 1873. chap. 25 ' Consolidated and they are hereby authorized, to make contracts of schools. consolidation with the trustees, teachers, or other author- ities of academies, seminaries, colleges, or private schools, by which the public schools may be taught in such insti- tutions ; Provided, That the branches of study designated in the thirty-first section of this act shall be taught free of any charge in such consolidated schools; And provided further., That the authority of the County Superintendent, District Directors, and other school officers, over those studying such branches, shall be as full and ample as in the ordinary public schools. (See County High School Bill.) SCHOOL FUNDS AND THEIR DISTRIBUTION. SEC. 34. The permanent school fund of the State shall ISTS. Chap. 25 School fund. be the one million five hundred thousand dollars, ascer- tained and declared by Section 9-16 of the Code, and recog- nized by the Constitution of the State to be the permanent school fund. To this shall be added the interest which has accrued on the same, and not been paid by the State, amounting, on the first of January, 1873, to $1,012,500, making this entire permanent State school fund $2,512,- 500. For this $2,512,500 a certificate of indebtedness shall be issued, signed by the Governor, under the great seal of the State, and deposited with the Comptroller of the 22 THE PUBLIC SCHOOL LAWS OF TENNESSEE. Treasury, and which, on its face, shall show the purpose for which it was issued ; and shall provide for the payment Escheats. ., . , , of the interest thereon at the rate of six per centum, pay- able semi-annually on the first day of July and the first day of January in each year, commencing on the first day of July, 18 73. To the permanent State fund may be added, from time to time, the proceeds of all escheated property, of all property accruing to the State by forfeit- ure, of all lands sold and bought in for taxes, of the per- sonal effects of intestates having no kindred entitled thereto by the laws of distribution, and donations made to the State for the support of the public schools, unless other- wise directed by the donors. The principal of the said fund shall always remain unimpaired and entire, and the annual income arising therefrom shall be, and is hereby, dedicated to the support and maintenance of the public schools of the State. 1873. chap. 25. SEC. 35. The State school fund for the annual support of public schools shall be the annual proceeds of the per- manent State school fund any money that may come into the State Treasury for the purpose under the present or future laws of the State, and any money that may come into the State treasury for the purpose from any source whatever. 1873. chap. 25. SEC. 36. Every male inhabitant in the State subject thereto shall pay a poll-tax of one dollar for the support of the public schools, which shall be collected as other taxes are, and paid over to the County Trustee in the county where collected, and distributed therein to each school dis- trict according to scholastic population. 1873. chap. 25. SEC. 37. The State school tax shall be collected in the howcoiiected. same manner as other State taxes, but when the collectors pay over to the Treasurer of the State the money collected by them, they shall designate what part of the same is the proceeds of the school tax. THE PUBLIC SCHOOL LAWS OF TENNESSEE. 23 SEC. 38. A tax of one and one half mills on the dollar shall be, and is hereby, annually assessed upon all property half mills tax - subject to taxation for the support of the public schools, which shall be collected as other taxes are, and paid over to the County Trustee in the county where collected, and distributed therein to each school district according to scholastic population. SEC. 39. When the money derived from the school fund isra. chap. 25. J School term of and taxes imposed by the State on the counties shall not five months. be sufficient to keep up a public school for five months in the year in the school districts in the county, the County county court Court shall levy an additional tax sufficient for this pur- complete term i -, of five mouths. pose or shall submit the proposition to a vote of the people, and may ]evy a tax to prolong the schools beyond the five months, said tax to be levied on all property, polls, and privileges liable to taxation, but shall not exceed the entire State tax. SEC. 40. Taxes so levied by the county shall be! col- 1873. chap. 25. * Taxes; how col- lected in the same manner as other county taxes, and shall be paid over to the County Trustee for distribution among the school districts of the county according to their scholas- tic population. SEC. 41. All school money coming into the hands of the State Treasurer or County Trustee shall be kept separate f r0m oher and apart from any State or county funds in their hands. m SEC. 42. All sums of monev derived from State or ISTS. chip. 25, " Sec. 50. county funds, which are unexpended in any year in any surplus. public school district, shall not go into the hands of the County Trustee for re-division the next year, but shall be credited to such district, and be added to the amount next apportioned to such district. SEC. 43. In all cases where school money has been col- ISTS. chap, iss, lected in issues of the Bank of Tennessee, arid burned, it Bank'of Ten. nessee issue. shall be the duty of the Comptroller to issue his separate warrant for each year to the County Trustee of each county for the amount of school money belonging to such 24 THE PUBLIC SCHOOL LAWS OF TENNESSEE. county for each year so burned,, or burned as aforesaid ; and the proceeds of said warrants, together with all other school funds now in the hands of County Trustees, Super- intendents, or other officers, belonging to each year, shall be applied, under the direction of the County Judge or Chair- man of the County Court, first, in payment of all just claims accruing in said year, and the balance, if any, applied in payment of just claims next in time of accru- ing. 1873. chap. 25. SEC. 44. All money in the treasury of the State for the School money; uoned PP r " ailim al support oi her schools on the first Monday of October and April of every year, shall be apportioned by the Comptroller among the several counties, according to their scholastic population, as reported to him by the State Superintendent. He shall give immediate notice of such apportionment to the County Trustee of each county, and shall give notice in some newspaper at the seat of govern- ment of the amount apportioned to each county. He shall issue his warrant on the Treasurer in favor of the County Trustee of each county for the amount apportioned to such county, and transmit the warrant to such Trustee. Trustees' quar- SEC. 44#. The County Trustee of each county shall t*-rly settle- fertbu!ions d di9 ma ^ e quarterly settlements with the County Judge or Chairman of the County Court of all school funds arising from State or county levies, or from any other source for school purposes; and shall also make with said County Judge or Chairman of the County Court quarterly dis- tribution of the school moneys in his hands, and shall report the same to the County Superintendent and to the Directors of the several school districts, and the County Superintendent of Public Instruction for the county shall be present at each quarterly settlement and distribution of the school fund, and shall have supervision thereof. (1897, Chap. 1, Sec. 1: House Bill, 66.) Trustees' ar.nu- SEC. 446. Said County Trustee shall also make annual al settlements, Q f fa G sc h oo \ f un( } w i t h said County JlldgC Or THE PUBLIC SCHOOL LAWS OF TENNESSEE. 25 Chairman of the County Court before July 15th of each year, for the school year ending June 30th previous ; and in said settlement said Trustee shall be charged with all tax aggregates, picked up taxes, and with all funds which have come or ought to come into his hands for the school purposes, and shall be credited with all releases granted by the County Court, with his lawful commissions [see Sec. 46, and notes], and with all amounts lawfully dis- bursed ; and the County Superintendent of Instruction shall be present at such annual settlement, and shall have supervision thereof. SEC. 44c. It shall be the duty of the County Superin- Quarterly re- 1 ^ . ports of County tendent to make quarterly reports to the State bupenn- superintend- tendent on or before the 15th day of January, April, July, and October of each year, setting forth an account of the school funds derived from all sources, in accordance with the forms or on the blanks provided by the State Super- intendent. SEC. 44:d. The County Trustee shall, on or before July Trustees' annu 1 5th of each year, make annual reports to the County county super- 7 intendents. Superintendent for the school year ending June 30th previous in accordance with the forms or on the blanks provided by the State Superintendent; and said annual report shall set forth an account for all moneys received during the school year, under the heads of "Amount on hand at beginning of school year," "Gross amount re- ceived/ 7 "From State, County, from school districts and from all other sources/' and an account of all moneys ex- pended during said school year, under the heads of "Sal- aries of teachers," "School sites, buildings, and repairs," "Furniture and fixtures," "Libraries, maps, charts, and apparatus," "Paid District Clerks," "Paid County Super- intendents," "Eetained as fees of Trustee," "All other expenses," and "The balance on hand at the end of school year." 26 THE PUBLIC SCHOOL LAWS OF TENNESSEE. loss> same. Violation of law, misde- comptroller to SEC. 44e. Whenever it shall appear to the County Sup- erintendent that any portion of the school fund has been or is in danger of being lost, misappropriated, or in any way illegally disposed of or not collected, it shall be the duty of said County Superintendent to report the same to the County Court, and also to report the same to the State Superintendent. SEC. 44/. Whenever it shall appear to the State Super- intendent, from the report of County Superintendent or from other information, that any portion of the school fund has been lost, misappropriated, or in any way illegally disposed of or not collected, it shall be the duty of the State Superintendent, and he shall have power 2 to employ a resident attorney to look after the recovery and collection of such fund; and for his services may retain, out of moneys actually recovered and collected by him, not exceeding ten per cent, thereof; and in no case shall said attorney receive any pay for said services except his com- mission as aforesaid, retained out of moneys actually collected, accounted for, and paid over by him to the officer lawfully entitled to receive the same. SEC. 44^r. It shall be a misdemeanor in office, punish- able by fine, for any County Superintendent or County Trustee to fail or refuse to make any of the reports pro- vided for in this act, and, in the event of such failure or refusal, it shall be the duty of the officer to whom such report is due, unless said report is made within thirty days after the date fixed by law, and to certify said failure or refusal to the Attorney-general for the county in or from which said failure or refusal shall have occurred. SEC. 44/&. It shall be the duty of the Comptroller of the Treasury to certify to the Chairman or County Judge of each county in the State the date of issuance and amount of each warrant transmitted to the County Trustee of such county in the semi-annual disbursement of the public school fund (Acts 1899). TEE PUBLIC SCHOOL LAWS OF TENNESSEE. 27 SEC. 45. The County Trustee shall keep separate ac- isrs. chap. 25. counts of the State funds and the county funds, showing Trustees as to J P receipts and whence and on what account the moneys were severally ? n i o t n r ( iy Ution of derived, and by what order, and on what account, and to whom they were distributed ; and, as soon as said moneys are received, he shall report the same to the County Super- intendent and to the Directors of each school district. SEC. 46. lie shall give bond for the faithful perform- ISTS. chap. 25- . Trustee's bond- ance of his duties, with surety, to be approved by the County Court of his county, in double the amount of the money that may come into his hands, and his compensation for receiving and paying over to the rightful authorities all moneys received by him shall be six per centum (6 per cent.) on all sums up to ten thousand dollars ($10,000), and four per centum (4 per cent.) on all sums above ten thousand dollars ($10,000) and up to twenty thousand dollars ($20,000), and a commission of two per centum (2 per cent.) on all sums above twenty thousand dollars ($20,000) ; Provided, That in computing the compensa- tion of Trustees, all funds State, county, school, special, and municipal shall be taken and estimated as one, and each shall pay its respective portion of the above commis- sions on all sums of money received by said Trustee for said State, county, and municipality, respectively; And provided further, That at the time of the settlement with the proper officers of the State, county, and municipality, and the computation of his commission on collections, said Trustee shall furnish said officers, respectively, with a certified statement from the Judge or Chairman of the County Court showing the amount actually collected by him and paid over by him to the proper State, county, or municipal authorities, respectively, as heretofore pro- vided; Provided further, That the Trustee shall not be entitled to any commission on money turned over to him by his predecessor in office, or on money borrowed for the 28 THE PUBLIC SCHOOL LAWS OF TENNESSEE. use of the county or municipality ; And provided further, That in no case shall his compensation exceed four thou- sand dollars ($4,000) for the collection of State, county, and municipal taxes. (Assessment Act of 1899.) i88i. chap. 129, SEC. 47. It shall be the duty of County Trustees to keep School money separate and apart from other funds the tax levied and separate; mis- collected for public school purposes in their county; and any Trustee who converts any such school money to the discharge of any account charged against them by the State or county, shall be guilty of a misdemeanor, and shall be subject to a fine of not less than $100, and im- prisonment at the discretion of the courts, and shall forfeit his office. SCHOOLS OF MUNICIPAL CORPORATIONS. 1873. chap. 25, SEC. 48. ISTone of the provisions of this act shall be Sec. 51. . Not to interfere construed so as to interfere with the schools or school with cities and towns. systems already established in cities and incorporated towns, or conflict with the chartered rights by virtue of which funds for their support are being received, raised, and distributed, or to limit them as to the power to extend the course of study, it being intended to encourage the establishment of public high schools, when the population justifies it, as a means of perfecting the grading and ele- vating the standard of scholarship. But all such schools shall receive their pro rata share of moneys received under the provisions of this act, according to their scholas- tic population. i88i. chap. 103, SEC. 49. That all the rights and privileges reserved and and h to s \vns cities S^ ven to G ^ es an( l incorporated towns by Section 51 of said act (1873, Chap. 25), be, and the same are hereby, extended to schools and school systems that have been established by cities or incorporated towns since the pas- sage of said act, or that may hereafter be established by them. THE PUBLIC SCHOOL LAWS OF TENNESSEE. 29 SEC. 50. That cities and incorporated towns in which ^88i. g chap. 103, have been established, or may hereafter establish, such ^tfoois graded higher graded schools, be, and the same are hereby, au- thorized and empowered to supplement the school fund derived from State and county tax, by an additional municipal tax or levy, for the support of said schools; Provided, however,, That no incorporated town or munici- pality shall exceed its lawful limit of taxation in making such additional levy. SEC. 51. (1) The several incorporated cities and towns isss. Extra ses- sion, Chap. 19. within this State mav, through their Boards of Mayor and Towns may " ' J establish rom- Aldermen, establish and maintain, within their respective corporate limits, a system of high graded common schools. (2) For this purpose the said Board of Mayor and Ere hou Aldermen of any municipal corporation within this State may procure a suitable schoolhouse or houses, either by erection or purchase, and, in making such erection or purchase of such house or houses, and furnishing the same, may apply the common school fund to which their respective scholastic populations are entitled by law. (3) For the purpose of erecting, or causing to beLevyaddt- erected, or purchasing such school buildings or houses, and furnishing the same, and for the purpose of establishing and maintaining such high graded common public schools, said Board of Mayor and Aldermen may levy and collect an additional tax to that imposed by or under the general provisions of the school law upon all taxable polls, privi- leges, and property within the corporate limits ; Provided, That the special tax levied under this section, and the municipal taxes for municipal purposes, shall in no case exceed the rate of taxation for general purposes fixed by charter limitation. (4) The Board of Mavor and Aldermen of any such Board of Education. municipal corporation so establishing public schools may, and they shall, have full power to appoint a Board of Education, consisting of not exceeding six qualified citi- 30 THE PUBLIC SCHOOL LAWS OF TENNESSEE. zens residing within their corporate limits, which Board, when so appointed, shall have full power as trustees or directors to manage and control such schools, to elect or employ well-qualified teachers, and to prescribe all needful rules and regulations; and said Board shall hold its office as follows: Two for three years, two for two years, two for one year, and, after the first year, two Commissioners shall be elected each year, subject to removal for good cause by the said Board of Mayor and Aldermen. not s perm?tted W Nothing in this act shall be so construed as to allow or permit mixed schools of the white and colored popula- tion, but such schooJs shall be taught separately, as now provided by law. Extracts from SEC. 52. The Board of Commissioners (of taxing dis- Acts 1885, Chap. . ... nix-,-,-,-, 82, sec. 2. tricts of the second class) shall have power, by ordinance, Schools in tax- ing districts, within the district, ... to establish and maintain a public school or public schools ; or said Commissioners may join with the Public School Commissioners of the civil district in which said taxing district is located, in main- taining the public schools located within the limits of said taxing district. BOARD OF EDUCATION AND NORMAL SCHOOLS. 1875. chap. 90. SEC. 54. (1) The establishment of a normal school or Normal schools Tin- schools is hereby authorized to be effected by the Board of Education hereinafter provided for. The said normal school or schools shall be made in every respect first-class institutions for the professional education of teachers, and the most approved method of instruction shall be adopted, and none but teachers experienced and skilled shall be employed to take charge of them. Board of Edu- (2) Said Board of Education shall, at as early date as cation. may in their judgment be practicable, locate and make arrangements for opening such normal school or schools, furnishing them, adopting a course of study, employing teachers and other officers. THE PUBLIC SCHOOL LAWS OF TENNESSEE. 31 (3) In the location of said normal school or schools, the State Board of Education shall give preference to such locality, accessible to all parts of the State, as shall offer gratuitously the most suitable grounds and buildings for the establishment of the same. (4) Said Board of Education may receive contributions Donations. of money from the Trustees of the Peabody Educational Fund, or donations of property or funds from any other source, for the benefit of this enterprise, which they shall in good faith dispose of and disburse in accordance with the conditions of the donations. (5) The trustees of colleges, universities, or educational Trustees of colleges. institutions shall have the power to give the use of their property to the State Board of Education for the benefit of normal schools. (6) E"o pupil shall be admitted into said schools who is ^il s[on of under sixteen or over thirty years of age, and who shall not have undergone, satisfactorily, such examination as may be prescribed by the State Board of Education. Thos'e already engaged in teaching may enter said normal school or schools as pupils upon conditions fixed by the State Board of Education. (7) Pupils of the public schools may be recommended Eligibility. for admission into said normal school or schools by the County Superintendent, on consultation with the Directors of the school districts of his county, and in cities by the Superintendent of Public Schools; and such pupils so recommended, and who pass a satisfactory examination, shall have precedence over all other applicants. (8) Diplomas shall be granted to those who honorably Diplomas. complete the course of study prescribed in said schools; and possession of such diploma shall exempt the holder thereof from the examination prescribed as a condition precedent to employment in the public schools of the State, any such graduate being eligible as a teacher in any county of the State. 32 THE PUBLIC SCHOOL LAWS OF TENNESSEE. same registers, records, and reports which are prescribed in the State school law for the public schools, or which may be ordered by the State Superintendent of Public Instruction, shall be kept by the officers and teach- ers of said normal schools, and regular reports shall be made directly to the State Superintendent, at the times and in the manner required by law for other public schools, or at such other time as he may require. re e d a pu P iis ( 10 ) The State Board of Education shall keep such nor- mal schools as may be established for white and colored pupils entirely distinct and separate ; Provided, That the provisions therein for training and improvement shall be impartially proportioned to the demands of each. salaries. (H) The salaries of principals, teachers, and other officers of said normal schools, and all other expenditures, shall be determined by the State Board of Education, and the disbursements shall be made by the Treasurer of the Board, upon its order. secretary and (12) The State Superintendent of Public Instruction shall be Secretary and Treasurer of the State Board of Education, and as such shall have charge and general supervision of the disbursement of all moneys hereafter appropriated for the Peabody Normal College, and for all normal colleges and institute funds. He shall keep in his office at the State Capitol a record of all money appropri- ated for said normal school or schools, and its distribution, and before any such money so appropriated shall be drawn from the Treasury, he shall pass upon and certify to the correctness of all vouchers, to be filed with the Comptroller prior to the issuance of his warrant. SEC. 2. The State Superintendent of Public Instruc- tion, as the Secretary and Treasurer of the Stale Board of Education, shall give o bond in the sum of ten thou- sand dollars, payable to the State of Tennessee, for the faithful performance of his duty as such Treasurer, which THE PUBLIC SCHOOL LAWS OF TENNESSEE. 33 bond shall be approved by the Governor and Attorney- general (Acts 1899.) (13) The Governor of the State shall appoint a State I^^SfiT* f Board of Education,, to consist of six members, two of whom shall be appointed for six years, two for four years, and two for two years : and, after the expiration of their first terms of office^ their successors shall be appointed for six years. The Governor of the State shall be ex officio see chap. 35, J " Acts 1891. a member and President of said Board. The State Super- intendent shall be ex officio a member, Secretary and Treasurer of the Board. (14) The said Board of Education be, and the same is issi. chap. 154, v ' ' Sec. 2. hereby, authorized to expend, annually for the support of said Normal College, at Nashville, exclusively, twenty thousand dollars ($20,000) out of any funds in the State treasury not otherwise appropriated, to be paid upon the $15,000 appro- order of said Board of Education upon the warrant of the Comptroller, issued in favor of the President of said State Normal College; Provided, That the Peabody Board of Trustees shall allow to the State thirty-three scholarships scholarships. of one hundred dollars ($100) each and traveling ex- penses, one of whom shall be appointed from each sena- torial district in the State, upon and after such competitive examinations as may be prescribed by the State Board of Education, to be held in the several counties of the State. (15) Three thousand three hundred dollars, or so much g^, 1> 4 Chap ' 154 thereof as may be deemed necessary, shall be intrusted to the State Board of Education for the higher and normal education of the children of Tennessee of African descent, and upon the order of said Board of Education, the Comp- troller shall issue his warrant for the same to the president or financial manager of approved institutions of learning for scholarships for the benefit of such of the aforesaid children as may apply therefor, under such regulations as may be prescribed by said Board of Education, which 34 THE PUBLIC SCHOOL LAWS OF TENNESSEE. amount shall be appropriated out of the State treasury over and above the $20,000, as annually to be used by the said State Normal College; it being intended that this shall be a separate fund,, to be used by said State Board of Education to defray the expense of two colored pupils from each senatorial district of the State in approved institutions of learning. 1875. chap. 90, (16) It shall be the duty of said Board of Education Soc. 14. Report. t o re port, through, the Superintendent, to the regular meeting of the General Assembly, the operations of the board, the condition and progress of the normal schools, with such suggestions as they may deem advisable for the improvement of normal and public schools. 255, (IT) The State Board of Education shall, at proper > inspect the management of the State Normal Col- an( j ail( ;|jt the accounts for the disbursement of the funds, and make a biennial statement, through the Gov- ernor, to the Legislature, showing its condition and prog- ress, and otherwise guard the State's interest in the same. APPOINTMENT OF CADETS TO UNIVERSITY OF TENNESSEE. 1879. chap. 155. SEC. 55. (1) In order to secure more regularity in the appointment of State cadets in the University of Tennes- candidates. . . . see by Senators and Representatives, as now provided by law, and to secure the greater usefulness of their appoint- ment to the State at large, it shall be the duty of the State Superintendent, in the month of May in each year, to issue notice to the County and City Superintendents of Schools throughout the State, requiring them to hold pub- lic examinations of candidates for such appointments in their respective counties or cities, and giving full and uni- form directions with reference to the subject and method of such examinations. Duties of (2) It shall be the duty of the County and City Super- Count.y and intendents, on the receipt of such directions, to give due public notice thereof for not less than ten days, and in THE PUBLIC SCHOOL LAWS OF TENNESSEE. 35 the month of June he shall proceed to hold such exami- nation or examinations as may be necessary in his county or city, engaging, if necessary, the assistance of suitable persons, but without cost to the State, and on the conclu- sion of such examination, or within ten days thereafter, he shall transmit a list of the qualified candidates in their order of merit, as determined by the examination, to the State Superintendent of Public Instruction, who shall keep a roll of the names, by counties and cities, in his office. (3) It shall be the duty of the State Superintendent, on the receipt of such list from any County or City Superin- tendent, to communicate the same to the Senators or Representatives thereof, with the number of vacancies in such appointments actually existing for the said county or city, which shall be ascertained from the roll of the university, and the said Senators and Representatives may then proceed to make their appointments from the said lists, certifying the same to the State Superintendent, who shall keep a roll thereof in his office, and communicate the same to the president of the university. (4) If in any county or city the list of qualified candi- surplus candi- dates should not be sufficient for, the appointment as now authorized by law, any Senator or Representative may make his appointment from any other county or city in which there may be a surplus of qualified candidates, after the Senator or Representative, or Senators and Repre- sentatives thereof, shall have completed their appoint- ments. (5) If, by the tenth day of August, there shall stffi' remain vacancies unfilled by Senators or Representatives, the president of the university shall be authorized to fill the same from the list of qualified candidates up to the number authorized by law ; Provided, That such appoint- ments by the president shall be for one year only, and that in making the same, preference shall be given to 36 THE PUBLIC SCHOOL LAWS OF TENNESSEE. counties and cities whose quota has not been filled, and in the several counties and cities to those persons who stood highest in the order of merit. TO hold exami- (6) In the event of a vacancy occurring in any of the nations. ., aioresaid appointments in any county or city in which the list of the qualified candidates has been exhausted, it shall be the duty of the County or City Superintendent, on the written request of any Senator or Representative of the said county or city, to hold such examination as is herein provided for such applicant or applicants as may be recom- mended by the said Senator or Kepresentative, and to proceed therewith in the form and manner herein pro- vided; Provided, That nothing in this bill shall be con- strued to limit or abridge the right of appointment by Senators or Representatives as now authorized by law. AN ACT TO ENCOURAGE TREE PLANTING. 1887. chap. 172. SEC. 56. It shall be the duty of the County Superin- tendent of Public Schools of each county to set apart some day in November in each year as "Arbor Day" in all the public schools of the county, that trees may be planted around the buildings, that the grounds around such build- ings may be improved and beautified ; such planting to be attended with appropriate and attractive ceremonies, that the day may be one of pleasure as well as of instruction for the young; all to be under the supervision and direction of the teacher, who shall see that the trees are properly selected and set. county super- SENATE BILL No. 491 was enacted into law by the inor?zed n to a p u ur- Legislature and approved by the Governor, April 22, 1901. Allison's knh This law authorizes the County Superintendent of Public Instruction to purchase from Col. Jno. Allison a sufficient number of the Twentieth Century Maps of Tennessee to supply the schools of the various counties at a price not to exceed one dollar ($1) per each map so purchased. County High School Law. SECTION 1. Whenever it shall appear to the County county high x x .'''. schools may be Court of any county that the public interest requires it. established. said Court shall have power to provide for establishing and maintaining one or more county high schools for the instruction of the children of the county; the said high school or schools to be managed as hereinafter provided. SEC. 2. The said Court for the purpose aforesaid shall Tax - have power to levy special taxes, in addition to other taxes, for school purposes, not to exceed fifteen cents on the one hundred dollars on all taxable property, to be levied and collected as other county taxes; and the said court shall also have power, for the purpose aforesaid, to make appropriations out of any county funds not other- wise appropriated, except out of the public school funds; and the funds arising from the taxes levied for the pur- pose, and for the appropriation made for the purpose, shall constitute a special fund to be known as the County High School Fund, which shall be kept by the County Trustee separate and apart from all other funds, and ap-' plied exclusively to the purpose aforesaid. SEC. 3. The management and control of the county county Board high school or schools shall be vested in the County Board of Education, which shall consist of seven members, six of whom shall be elected by the County Court as soon as the Court shall have decided to provide for establishing a county high school or schools, two of whom shall be elected to serve until the following January term of the Court, two to serve until the second January term following their elec- tion, and two to serve until the third January following their election ; at the expiration of the terms of the several (37) 38 THE PUBLIC SCHOOL LAWS OF TENNESSEE. members, their successors shall be elected at the respective January terms of the Court, to serve three years. Not more than one member of the board shall be elected from the same school district, and the members shall be dis- tributed through the different localities of the county as the Court shall deem equitable. The Court shall fill all vacancies for 'unexpired terms at the quarterly term of the Court after the vacancy occurs, or as soon thereafter as possible. The County Superintendent shall be ex officio a member of the Board of Education and Secretary there- of, and may receive such compensation for his services as Secretary as the Board shall allow, in addition to his salary as County Superintendent. Sf^htTlrades. SEC. 4> ^- n ever j county high school shall be taught all the branches of study now required or permitted by law to be taught in the secondary schools, excepting and ex- cluding the branches named to be taught in the five grades of the primary schools; and in addition such other high school branches may be taught as the Board of Educa- tion may prescribe as necessary to prepare pupils for college or for business. The county high schools shall be graded by the Board of Education under the general regu- lations of the State Superintendent and the supervision of the County Superintendent, beginning with the bixth grade, which sixth grade shall be adjusted for the admis- sion of pupils who have completed the five grades of the primary schools. Three teachers. SEC. 5. In order to secure efficient instruction for the extensive course of study, the Board shall employ in every county high school not less than three teachers. SEC. 6. The county high school or schools shall be open to all the children of the county of lawful age who shall be otherwise qualified, and who have completed the pri- mary school course, or its equivalent, as tested by examina- tion or such regulations as may be provided by the Board for the admission of pupils; Provided, That the county THE PUBLIC SCHOOL LAWS OF TENNESSEE. 39 high schools shall be separate for white and colored pupils, as provided by law for all public schools. SEC. Y. The Board of Education shall have power to Board to io- cate, manage, locate, establish, and manage the county high school or etc - schools, to make contracts with teachers, draw warrants on the County Trustee 011 account of the high school fund, and shall perform such duties and exercise such powers with respect to the control and management of the county high school or schools as are now vested by law in the District Directors with respect to the control and manage- ment of the district schools. SEC. 8. The County Board of Education shall have May consoii- power to make contracts of consolidation with the proper other schools, authorities of seminaries, academies, or colleges, or with city Boards of Education, or District Directors, whereby the county high school may be taught in said seminaries, academies, or colleges, or city or district schools ; Provided, That the high school branches be taught free of charge to all pupils of the county entitled thereto; And provided further, That the authority of the State Superintendent, the County Superintendent., the Board of Education, and all school officers shall be as full and ample in such con- solidated school as in other county high schools; And provided further, That no teacher shall be employed in teaching the said high school branches unless said teacher shall have a teacher's certificate of such grade as may be prescribed for such service, the County Superintendent under the general regulations, and unless the employment of said teacher shall be approved by the Board of Edu- cation. SEC. 9. The county high schools shall be under the under county . . ^ and State Su- general supervision of the County Superintendent and of the State Superintendent, as provided for other pub- lic schools, and it shall be the duty of the State Superin- tendent to provide such special blanks and forms, and general regulations, as may be needed for the examina- 40 THE PUBLIC SCHOOL LAWS OF TENNESSEE. tion of high school teachers, for warrants of the County Board of Education, for grading high schools and other purposes, and to make such changes in the form of re- ports as may be necessary to adapt them to the use of the high schools, and it shall be the duty of the teachers of the county high schools, and of consolidated county high schools, and of County Boards of Education, to make re- ports on the prescribed blanks and forms at the time pro- vided by law for the reports of other public schools, and in accordance with the regulations of State and County Superintendents. Nonresidents SEC. 10. The Countv Board of Education shall have or over school power to admit as pupils in the county high school or schools, persons over the school age, or nonresidents of the county, upon the payment of such reasonable rates of tuition, and under such regulations as may be prescribed by the -Board for persons not entitled to admission in said schools free of charge. County Trustee SEC. 11. It shall be the duty of the County Trustee to pay all warrants legally drawn by said Board of Educa- tion on account of the county high school fund, to keep an accurate account of said fund, and to render report of same to the said Board of Education, and to the proper officers as now provided by law with respect to other school funds. Act for Protection of Female Boarding Schools, CHAPTEK 101, ACTS 1897. AN ACT for the protection of boarding schools and col- leges for females, and the principals and inmates thereof. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter it shall be unlaw- c ful for any person, or persons, to wilfully and unneces- sarily interfere with, disturb, or in any way disquiet the pupils of any school or college for females in this State, or the principal or teachers in charge of them, while on any public road or street, or in any building or structure, or on the school premises; nor shall any communication be had, for such purposes, with such pupils, or any one of them, either orally or in writing, or by signs or otherwise ; and it shall also be unlawful for any person to enter upon any such school or college premises, except on business, without first having obtained permission of the principal in charge of same; and every person guilty of either of said offenses, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall pay a fine of not less than five nor more than fifty dollars for each offense, on the first conviction ; and upon the second, and each subsequent conviction, of a like offense, shall pay a fine of not less than ten nor more than fifty dollars, and be imprisoned at the discretion of the court, in the county jail, not less than ten nor more than thirty (30) days. SEC. 2. Be it further enacted, That it shall be unlaw- unlawful to loiter around ful for any person, or persons, to loiter, wander, stand, female school, or sit upon the public roads, streets, alleys, sidewalks, (41) 42 THE PUBLIC SCHOOL LAWS OF TENNESSEE. or other places, or to frequently and unnecessarily pass along the same in such manner, and with intent to annoy, vex or disturb the owners, lessees or occupants of any premises in the State used for the purposes of a school or college for the education of females, or with intent to dis- turb, annoy and harass the teachers, principal or pupils, or any one of them, as they pass along the public highways, streets, or alleys of any city in the State ; and any person, or persons, violating this section of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined and punished in the same way, and to the same extent, as if convicted under the first section of this Act. SEC. 3. Be it further enacted. That this Act take effect forty (40) days after its passage, the public welfare re- quiring it. Passed March 17, 1 897. JOHN THOMPSON", Speaker of the Senate. MORGAN C. FITZPATRICK, Speaker of the House of Representatives. Approved March 19^ 1897. ROBT. L. TAYLOR, Governor. Text-Book Law. SECTION 1. The Governor and State Superintendent of commission created. Public Instruction, together with three members of the State Board of Education to be named by the Governor, shall be, and are hereby, constituted a State Textbook Commission, whose duty it is to select and adopt a uni- form series or svstem of text-books for use in the primary commission J directed to and secondary public' schools in the State of Tennessee, Jexbooks? r and for use in the incorporated cities or towns in the high graded common schools. Said commission is hereby au- thorized, empowered, and directed to select and adopt a uniform system or series of text-books for use in the pub- lic schools in this State, as above indicated, and when so selected and adopted, the textbooks shall be used for a period of five years, in all the public schools of this State, and it shall not be lawful for any school officer, director, or teacher to use any other books upon the same branches, other than those adopted by said State Text-book Com- mission. Said uniform series shall include the following branches of study, to wit : Orthography, reading, writing, Branches of arithmetic, geography, grammar, language lessons, his- tory of Tennessee, containing the constitution of the State, history of the United States, containing the constitution of the United States, physiology and hygiene, elementary geology of Tennessee, elementary principles of agriculture, elements of algebra, elements of plain geometry, elements of natural philosophy, bookkeeping, elements of civil gov- ernment, rhetoric, and higher English, and such "other branches of study in addition to the foregoing as said commission may select and designate for use in the high (43) 4:4: THE PUBLIC SCHOOL LAWS OF TENNESSEE. graded common schools in the incorporated cities and towns of this State; Provided,, That none of said text- books shall contain anything of a partisan or sectarian character. It shall be the duty of said commission to appoint a subcommission of five, to be selected from among the teachers, city or county superintendents actually en- sub-commis- gaged in the school business in this State, provided that sion authorized not more than one of these shall be taken from any con- gressional district, to whom shall be referred all books sent to the State Text-book Commission as specimen copies, or samples, upon which bids are to be based, and it shall be the duty of said subcommission, in executive session, to examine and report upon the merits of the books, irrespective of the price, taking into consideration the subject-matter of the books, their printing, their ma- Duties of sub- terial and mechanical qualities, and their general suit- commission. . ability and desirability for the purposes for which they are desired and intended. It shall further be the duty of said subcommission to report to the commission, at such time as said commission shall direct, arranging each book in its class or division, and reporting them in the order of their merit, pointing out the merits and demerits of each book, and indicating what book they recommend for adoption first; what book is their second choice; what their third choice, and so on, pursuing this plan with the books submitted upon each branch of study. And if said subcommission shall consider different books upon the same subject, or of the same class or division, of approx- imately equal merit, all things being considered, they shall so report, and if they consider that any of the books offered are of such class as to make them inferior and not worthy of adoption, they shall, in their report, so designate such books, and in said report they shall make such recom- menda'tions and suggestions to the commission as they shall deem advisable and proper to make. Said report shall be kept secret and sealed up and delivered to the THE PUBLIC SCHOOL LAWS OF TENNESSEE. 45 secretary of the commission, and said report shall not be opened by any member of the commission until the com- mission shall meet in executive session to open and con- sider the bids or proposals of publishers, or others, desir- ing to have books adopted by said commission. Each member of said subcommission, before entering upon the discharge of his duties, shall take and subscribe to an oath to act honestly, conscientiously, and faithfully, and that he is not directly or indirectly, in any manner inter- ested in any of the proposed contracts, nor in any book, or publishing concern publishing any books of the kind or character contemplated for use in the public schools of this or any other State, and that he will examine all books submitted carefully and faithfully and make true report thereon, as herein directed and prescribed. Said oath shall be filed in the office of the Secretary of State. Said text-book commission shall hear and consider said report in its selection and adoption of the uniform series of text- books, and shall also themselves consider the merits of the books, taking into consideration their subject-matter, the printing, binding, material and mechanical qualities, and their general suitability and desirability for the pur- poses intended, and the price of said books, and they shall give due consideration and great weight to the report and recommendations of said subcommission ; Provided, That no text-book the subject-matter of which is of inferior quality, shall be adopted by the text-book commission. Said commission shall select and adopt such books as will, in their best judgment accomplish the ends desired, and they are hereby authorized and directed, in case any book or books are deemed by them suitable for adoption, and more desirable than other book or books of the same class or division submitted, and they further consider the price at which pAich book or books are offered to be unreasonably high, and that it should be offered at a smaller price, to immediately notify the publisher or offerer of such book 46 THE PUBLIC SCHOOL LAWS OF TENNESSEE. or books of their decision, and request such reduction in price as they deem reasonable or just, and if they and such publisher shall agree on a price, they may adopt this book or books., but if not, they shall use their own sound judgment and discretion whether they will adopt that, or the book or books deemed by them next best in the list submitted. And when said text-book commission shall have finished with the report of said subcommission, the said report shall be filed and preserved in the office of the State Superintendent of Public Instruction, and shall be open at all times for public inspection. HOW the com- SEC. 2. Said text-book commission shall, immediately mission shall be constituted, after the passage of this act, meet and organize, the Gov- ernor being ex offlcio president of the commission, and the commission shall elect its secretary. As soon as prac- ticable, not later than thirty days after its organization, the commission shall advertise, in such manner, and for such length of time, and at such places, as may be deemed advisable, that at a time and place fixed definitely in said advertisement,, sealed bids or proposals will be received from the publishers of school text-books for furnishing f d " books to the public schools in the State of Tennessee, through agencies established by said publishers in the several counties, and places in counties, in the State, as may be provided for in such regulations as said commis- sion may adopt and prescribe. The bids or proposals to be for furnishing the books for a period of five years, and no longer, and that no bid for a longer period would be considered. Said bid or bids shall state specifically and definitely the price at which the book or books will be furnished, and shall be accompanied by one or more speci- men copies of each and every book proposed to be fur- nished, and it shall be required of each bidder to deposit with the Treasurer of the State a sum of money such as the commission may require, not less than five hundred ($500) dollars, nor more than twenty-five hundred THE PUBLIC SCHOOL LAWS OF TENNESSEE. 47 ($2,500) dollars, according to the number of books each bidder may propose to supply, and notice shall further be given in said advertisement that such deposits shall be forfeited absolutely to the State if the bidder making the deposit of any sum shall fail, or refuse, to make and exe- cute such contract and bond as is hereinafter required, within such time as the commission may require, which time shall also be stated in said advertisement. All bids shall be sealed and deposited with the Secretary of State to be by him delivered to the commission when they are in executive session, for the purpose of considering the same, when they shall be opened in the presence of the commission. SEC. 3. It shall be the duty of the said text-book com- mission to meet at the time and place designated in such notice, or advertisement, and take out the sample or speci- Procedure of commission- men copies submitted, upon which the bids are based, and refer and- submit these to the subcommission, as provided for and directed in section 1 of this act, with instructions to said subcommission to report back to them at a time specified, with their report, classification, and recommen- dations, as provided in section 1. When the said report is submitted it shall be the duty of the said text-book commission to meet in executive session, to open and ex- amine all sealed proposals submitted and received in pur- suance of the notice of advertisement provided for in section 2 of this act. It shall then be the duty of said commission to examine and consider carefully all such bids or proposals, together with the report and recom- mendations of the subcommission, and determine in the manner provided in section 1 of this act what book or what shall be books, upon the branches hereinabove mentioned, shall be selected for adoption, taking into consideration the size, quality as to subject-matter, material, printing, binding, and the mechanical execution and price, and the general suitability for the purpose desired and intended; Pro- THE PUBLIC SCHOOL LAWS OF TENNESSEE. prepare con- tracts. vided, however, That all books selected or adopted shall be written or printed in English. After their selection for adoption shall have been made, the said commission shall, by registered letter, notify the publishers, or proposers, J to whom the contracts have been awarded, and it shall then be the duty of the Attorney-general of the State to prepare the said contract or contracts in accordance with the terms and provisions of this act, and the said contract shall be executed by the Governor and Secretary of State, with the seal of the State attached upon the part of the State of Tennessee, and the said contract shall be exe- cuted in triplicate, one copy to be kept by the contractor, one copy by the secretary of the text-book commission, and copied in full in the minute book of said commission, and one copy to be filed in the office of the Secretary of State. At the time of the execution of the contract afore- said, the contractor shall enter into a bond in the sum of not less than ten thousand dollars, nor more than thirty thousand dollars, payable to the State of Tennessee, the amount of said bond within said limits, to be fixed by said commission, conditioned for the faithful, honest, and exact performance of his contract, and shall further provide for the payment of reasonable attorneys' fees in case of recov- ery in any suit upon the same, with three or more good and solvent sureties, actual citizens and residents of the State of Tennessee, or any guarantee company authorized Lo do business in the State of Tennessee may become the surety on the said bond, and it shall be the duty of the Attorney-general to prepare and approve said bond; Pro- vided, however, That said bond shall not be exhausted by Bond may be a single recovery, but may be sued on from time to time, sued on from vt / until the full amount thereof shall be recovered, and the said commission may, at "any time, by giving thirty days' notice, require additional security or additional bond within the limits prescribed. And when any persons, firm, or corporation shall have been awarded a contract, and sub- Bond to be executed. time to time. THE PUBLIC SCHOOL LAWS OF TENNESSEE. 49 mitted therewith the bond, as required hereunder, the commission, through its secretary, shall so inform the Treasurer of the State, and it shall then be the duty of the Treasurer to return to such contractor the cash deposit made by him, and the said commission through its secre- tary, shall inform the Treasurer of the names of the un- successful bidders or proposers, and the Treasurer shall, upon receipt of this notice, return to them the amount deposited in cash by them at the time of the submission of their bids. But should any person, firm, company, or corporation fail or refuse to execute the contract, and submit therewith his bond as required by this act within thirty days of the awarding of the contract to him, and the mailing of the registered letter containing the notice, Forfeiture for ' failure to ob- provided the mailing of the registered letter shall be serve contract, sufficient evidence that the notice was given and received, the said cash deposit will be deemed, and is hereby de- clared, forfeited to the State of Tennessee, and it shall be the duty of the Treasurer to place said cash deposit in the treasury of the State, to the credit of the school fund ; And provided further, That any recovery had on any bond, given by any contractor, shall inure to the benefit Recoveries to J go to school of the school fund of the State and counties, and when fund- collected shall be placed in the treasury to the credit of the school fund, and be prorated among the several coun- ties of the State. SEC. 4. The books furnished under any contract shall at all times, during the existence of the contract, be equal Books must 7 . - 1 come up to to, in all respects, the specimen or sample copies furnished samples, with bids; and it shall be the duty of Secretary of State to carefully preserve in his office, as the standards of quality and excellence to be maintained -in such books, during the continuance of such contract, the specimen or sample copies of all books which have been the basis of any contract, together with the original bid or proposal. It shall be the duty of all contractors to print plainly 50 THE PUBLIC SCHOOL LAWS OF TENNESSEE. Prices must not exceed those charged elsewhere un- der like condi- tions. Commission authorized to act if excess price is charged. on the back of each book the contract price as well as the exchange price at which it is agreed to be furnished, but the books submitted as sample or specimen copies with the original bids shall not have the price printed on them before they are submitted to the subcommission. And the said text-book commission shall not, in any case, contract with any person, publisher, or publishers, for the use of any book or books which are to be or shall be sold to patrons for use in any public school in this State, at a price above or in excess of the price at which such book or books are furnished by said person, publisher, or publishers, under contract to any State, county, or school district in the United States, under like conditions prevailing in this State, and under this act. And it shall be stipulated in each contract that the contractor has never furnished, and is not now furnishing under contract, any State, county, or school district in the United States, where like condi- tions prevail as are prevailing in this State, and under this act, the same book or books as are embraced in said con- tract, at a price below or less than the price stipulated in the said contract. And the said commission is hereby authorized and directed, at any time they may find that any book or books have been sold at a lower price under contract to any State, county, or school district aforesaid, to sue upon the bond of said contractor, and recover the difference between the contract price and the lower price at which they find the book or books have been sold. And in case any contractor shall fail to execute specifically the terms and provisions of his contract, said commission is hereby authorized, empowered, and directed to bring suit upon the bond of such contractor for the recovery of any and all damages, the suit to be in the name of the State of Tennessee, and the recovery for the benefit of the public school fund. But nothing in this act shall be construed so as to prevent said commission and any contractor agreeing thereto, from in any manner changing or altering any con- THE PUBLIC SCHOOL LAWS OF TENNESSEE. 51 tract, provided four members of the commission shall agree to the change and think it advisable and for the best in- terests of the public schools of this State. In all other matters a majority of said commission shall control. SEC. 5. It shall be always a part of the terms and con- ditions of every contract made in pursuance of this act that the State of Tennessee shall not be liable to any con- state not tractor, in any manner, for any sum whatever, but all such contractors shall receive their pay or consideration in compensation solely and exclusively derived from the pro- ceeds of the sale of books, as provided for in this act; Provided further, That the commission shall stipulate in Book8no ^ in / i / 111 use may be * x ~ the contract for the supplying of any book or books as here- changed. in provided, that the contractor or contractors shall take up the school books now in use in this State, and receive the same in exchange for new books at a price not less than fifty per cent, of the contract price. And each person or publisher making a bid for the supplying of any book or books hereunder shall state in such bid or proposal the exchange price at which such book or books will be fur- nished. SEC. 6. The text-book commission shall have and re- Any bid may serve the right to reject any and all bids or proposals if they shall be of opinion that any or all should, for any reason, be rejected. And in case they fail, from among the bids or proposals submitted, to select or adopt any book or books, upon any of the branches mentioned in section 1 of this act, they may readvertise for sealed bids Jj.JjJJJ g ^ or proposals under the same terms and conditions as be- for. fore, and proceed in their investigation in all respects as they did in the first instance, and as required by the terms and provisions of this act, or they may advertise for sealed bids or proposals from authors or publishers of text-books who have manuscripts of books not yet published, for Manuscript of prices at which they will publish and furnish in book form, oonstdSS. * such manuscripts, or for prices at which they will sell such manuscripts, together with the copyright of such books, for use in the public schools in Tennessee, proceeding in all respects in like manner as before ; And provided, That before accepting or rejecting any manuscript, it shall be their duty to take the manuscript and to 'advertise for sealed bids or proposals for publishing the same in book 52 THE PUBLIC SCHOOL LAWS OF TENNESSEE. form, in like manner as hereinbefore provided for, and under the same restrictions and conditions, and the con- tract may be let for the publication of all such books, or for any one or more separately; And provided further, publisher of That the State itself shall not, under any circumstances, mus"de r fray aii enter into any contract binding it to pay for the publica- tion of any book or books, but in the contract with the owner of the manuscript it shall be provided that he shall pay the compensation to the publisher for the publication and putting in book form the manuscript, together with the costs and expense of copyrighting the same; And provided further, That in all cases bids or proposals shall be accompanied with the cash deposit of from five hun- dred dollars to twenty-five hundred dollars, as the com- cash deposit, mission may direct, and as provided in section 2 of this act. And it is further expressly provided that any per- son, firm, or corporation now doing business, or propos- ing to do business, in the State of Tennessee \ shall have the right to bid for the contract to be awarded hereunder, HOW bids shall in manner as follows : In response to the advertisement, when made as hereinbefore provided, said person, firms, or corporation may submit a written bid or bids to edit or have edited, publish and supply for use in the public schools in this State, any book or books provided for here- under, provided that instead of filing with said bid or proposal a sample or specimen copy of each book proposed to be furnished, he may exhibit to the commission in man- uscript or printed form the matter proposed to be incorpo- rated in any book, together with such a description and illustration of the form and style thereof, as will be fully intelligible and satisfactory to the said commission, or they may submit a book or books, the equal of which, in every way, they propose to furnish, and they shall accom- pany their bid or proposal with the cash deposit herein- before provided for^ and shall enter into contract and bond as hereinbefore provided, except that the bond may be, in this instance, increased to fifty thousand dollars; Provided, That all books and manuscripts offered shall be examined and reported upon by the subcommission pro- vided for in section 1 of this act. Governor to SEC. Y. As soon as said commission shall have entered inttfon? 003 into a contract or contracts for the furnishing or supply- THE PUBLIC SCHOOL LAWS OF TENNESSEE. 53 ing of books for use in the public schools in this State, it shall be the duty of the Governor to issue his proclama- tion announcing such fact to the people of the State. SEC. 8. The party or parties with whom the contract shall be made shall establish and maintain in some one citv in each of the three grand divisions of the State, a Depositories , ' " . , , , . j -L .-L provided for. depository, to be designated by the commission, where a stock or supply of the books sufficient to meet all immedi- ate demands shall be kept. There shall also be main- tained in each county in the State, provided the commis- sion shall deem it advisable, and so demand, not less than one nor more than four agencies, for the distribution of the books to the patrons, or the contractor shall be per- mitted to make arrangements with merchants or others for the handling and distribution of the books, and parties living in a county where no agency has been established, or no arrangements made for distribution, may order the same from one of the depositories, and it shall be the duty of the contractor to deliver any book or books so ordered, to the person ordering, to his post office address, freight, express., postage, or other charges prepaid, at the retail fJJ^to^on 6 - contract price, provided the. price of the book or books so "Xact price 1 ordered shall be paid in advance. But nothing in this act SeeActsl901 shall be so construed as to prohibit any merchant or dealer from buying and selling said books. All books shall be sold to the consumer at the retail contract price, and in each book shall be printed the following : "The price fixed hereon is fixed by State contract, and any deviation there- from shall be reported to your County Superintendent of Public Instruction, or the State Superintendent at Nash- ville." And it is expressly provided that should any party contracting to furnish books as provided for in this act, fail to furnish them, or otherwise breach his contract, in addition to the right of the State to sue on the bond hereinabove required, the Chairman of the County Court or County Judere mav sue in the name of the State of Recovery for J . " , . violation as to Tennessee, in any court 01 his own, or any other county price, having jurisdiction, and recover on the bond given by the contractor the full value of the books so failed to be furnished, for the use and benefit of the school fund of the county ; Provided, That the right of action given to the Chairman or County Judge shall be limited to breaches of 54: THE PUBLIC SCHOOL LAWS OF TENNESSEE. the contract committed in this county; And provided further, That in all cases service of process may be had and deemed sufficient on any agent of the contractor in the county, or if no agent is in the county, then service may be had on the agent in charge of any depository, and this service shall be and stand in the place of service on the defendant contractor. SEC. 9. Said commission may from time to time make any necessary regulations not contrary to provisions of this Commission to act, to secure the prompt distribution of the books herein SSfa n nfzation provided f or, and the prompt and faithful execution of all contracts, and it is expressly now provided that said com- mission shall maintain its organization during the five years of the continuance of the contract, and after the expiration of the same to renew such of them as they deem advisable, or readvertise for new bids or proposals, as required by this act in the first instance, and enter into such other contracts as they may deem for the best in- terests of the patrons of the public schools of the State, provided any contract entered into or renewed shall be for the term of five years. SEC. 10. As soon as practicable after the adoption pro- state superin- vided for in this act, the State superintendent shall issue a circular letter to each city and county superintendent in the State, and to such others as he may desire to send intendents. ^ w hi cn letter shall contain the list of books adopted, the prices, location of agencies, and method of distribu- tion, and such other information as he may deem necessary. SEC. 11. As soon after the passage of this act as may be practicable, and the commission shall deem advisable, t B o beu a sed P ex ed the books adopted as a uniform system of text-books, ^n ^ Q introduced and used as text-books, to the exclusion of all others in all the public free schools in this State; Provided, That nothing herein shall be construed to pre- vent the use of supplementary books, but such supple- mentary books shall not be used to the exclusion of the books prescribed or adopted under the provisions of this act; And provided further, That nothing in this act shall be construed to prohibit the use in public schools of any text-book upon any branch mentioned in section 1 of this act, where the commission shall not select or adopt a THE PUBLIC SCHOOL LAWS OF TENNESSEE. 55 book for that branch or subject; And provided further, That nothing in this act shall prevent the teaching in any school [of] any branch higher or more advanced than is embraced in section 1 of this act, nor the using of any AS to higher book upon such higher branch of study, provided that such higher branches shall not be taught to the exclusion of branches mentioned and set out in section 1 of this act. SEC. 12. Nothing herein shall be construed to prevent where no con- ,.,., ,., -,,. 111 tract is made or or prohibit the patrons of the public schools throughout contractor fails l CU t- t_ 'A! 1 to furnish the State from procuring books in the usual way in casebooks. no contract shall be made, or the contractor fails or refuses to furnish the books provided for in this act, at the time required for their use in the respective schools. SEC. 13. Any person or teacher violating the provisions violation ef of this act shall become guilty of a misdemeanor, and upon conviction, punished by a fine of not less than ten dollars, nor more than fifty dollars. SEC. 14. Any teacher who shall use, or permit to be Penalty of used, in his or her school, any text-book upon the branches fan C u b re r touse embraced in this act, where the commission has adopted booksadopted ' a book upon that branch, other than the one so adopted, shall be guilty of a misdemeanor, and, upon conviction, punished as provided for in section 13 of this act. SEC. 15. Any dealer, clerk, or agent, who shall sell any penalty of book for a greater sum than the contract price, shall be fattoi o/thu guilty of a misdemeanor, and upon conviction shall be law ' punished as provided for in section 13 of this act. SEC. 16. The sum of one thousand dollars, or so much f ppropriatkm *> i -i . for carrying thereof as may be necessary, to be paid out of the public act into effect, school fund, be, and is hereby, appropriated for the pur- pose of paying the cost and expense of carrying into effect the provisions of this act. SEC. 17. Said text-book commission shall serve with- Pay of mem- out compensation, and members of the subcommission of commission, five shall be paid a per diem of four dollars per day dur- ing the time they are actually engaged, not to exceed thirty days, and in addition shall be repaid all money actually expended by them in the payment of necessary expenses, to be paid out of the public school fund, and they shall make out and swear to an itemized statement of such expenses. Laws which Relate Only to the City of Memphis. 1872. chap. 84, SEC. 57. All revenue arising from assessments on real and personal property, privileges and polls, levied on account of public schools or public education in the tax- ing districts, shall be for the use and benefit of the public schools in the taxing districts, and when the tax is col- lected, it shall be paid over weekly to the Treasurer of the Board of Education of the taxing district. SEC. 58. (1) The office of members of the Board of 1883. chap. IT. Education be, and the same is hereby, abolished in all ?atton changed taxing districts organized prior to the year 1882, where miSoner S C hi m ~ there is an incorporated system of public schools, and taxing districts instead thereof the office of School Commissioner is hereby created. The Board of Education for each of said incor- porated systems of public schools shall hereafter be com- posed of five School Commissioners, who shall be selected from said taxing districts at large where said incorporated system of ^school is respectively located. (2) Said Commissioners shall be elected by the qual- Eiection and ified voters of such taxing district, and their election shall commissioners take place at the same time and place as that of the officers of said taxing districts, at the first election to take place on the first Thursday after the first Monday in January in the year 1884. Three of said Commissioners shall be elected for two years, and two for four years, and there- after said Commissioners shall be elected for a term of four years. ( 3 ) The Governor of the State of Tennessee shall imme- Governorto diately, on the passage of this act, appoint five School Commissioners for each of such taxing districts, by and with the advice and consent of the Senate, who shall hold their offices until their successors are elected and quali- fied, as prescribed in this act. (4) The School Commissioners shall fill all vacancies vacancies. which shall occur in the offices of School Commissioner by death, resignation, removal, or otherwise, and the Com- . (56) THE PUBLIC SCHOOL LAWS OF TENNESSEE. 57 inissioner so elected to fill a vacancy shall hold his office until the next election thereafter of taxing district officers, when his successor shall be elected and qualified. (5) Each of the five commissioners shall enter into Bond of com- bonds in the sum of $5,000, with two good and sufficient missioners - sureties, which bond shall be approved, in writing, by and filed with the President of the taxing district for the faith- ful performance of their duties, and the President of the P)0ard shall also enter into an additional bond of $5,000, secured, approved, and filed in like manner, for the faith- ful performance of his duties as President. The President saiay of the board shall receive a salary not to exceed five hun- dred dollars per annum, payable in equal monthly pay- ments ; and ea.ch one of the other Commissioners shall re- ceive a salary not to exceed two hundred dollars per an- num, payable in like manner. They shall be citizens of said taxing district. Each Commissioner shall be a man Qualifications, of good moral character and temperate habits ; he shall be able to read and write, and shall have a general knowledge of the common branches of learning sufficient to enable him to judge of the qualification of teachers ; he shall not hold any office or position for pay or compensation in the employment of the Board of Education, except the office of Secretary, Treasurer, or census taker; nor shall he be interested, directly or indirectly, in any contract or busi- ness of said boad. The P>oard of Education shall be the judge of the qualification of its own members. (6) Said five Commissioners shall each have and pos- Powers and sess all the powers and privileges which have heretofore been conferred on a member of said Board of Education, except where said powers and privileges have herein been restricted and modified. Three Commissioners, when regularly assembled in session, shall constitute a quorum for the transaction of business,, but not otherwise. (7) Said Commissioners shall, immediately on their p- organization pointment, organize respective Boards of Education by electing a President and Vice President from among their number, and by electing a Superintendent who is not a School Commissioner, and by electing a Secretary and Treasurer. The Secretary and Treasurer may be School Commissioners, or they may be citizens who are riot School Commissioners, as the said Boards of Education thus con- stituted and controlled by such commissioners shall, in 58 THE PUBLIC SCHOOL LAWS OF TENNESSEE. Salaries. Scholastic census. By-laws. their discretion, see proper. Said Boards of Education shall enact by-laws for their government. They shall pay their Superintendent a salary not exceeding twenty-live hundred dollars per annum, and Secretary a salary not exceeding eighteen hundred dollars per annum. (8) The said Boards of Education shall keep the scho- lastic census required by law in a well-bound book, in which shall be entered the name, age, color, and sex of each per- son of scholastic age. Said Boards of Education shall, in no case, pay for taking said census more than two cents for each person of scholastic age enumerated in said census return. Said census returns, when taken, and before their adoption, shall be referred to a special committee of three commissioners, who shall compare said return with the total population of such taxing district, and with the cen- sus return of preceding years, and with other data and sta- tistics, and they shall report, in writing, to the Board of Education whether or not, in their opinion, the census hag been fully and fairly taken. (9) The present offices of members of the Board of Ed- ucation and School Visitor, Superintendent, Secretary, Treasurer, teacher, and other employees of said Board of Education be, and they are hereby, abolished. (10) So much of an act, entitled "An act to charter the Acts repealed. Memphis City Schools," passed January 27, 1869, and the amendment thereto, passed December 18, 1869, entitled "An act to amend an act chartering the Memphis City Schools," passed January 25, 1869, as is in conflict with this act, is hereby repealed. (11) Hereafter children being within the age now re- quired by law, and residing within one-half a mile of the limits of the city of Memphis, as said limits now are, or may be hereafter fixed, shall be received in and have the right to attend, free of tuition, the public schools inside the city of Memphis, nearest to their respective places of residence, for five years, from date of the passage of this bill. An Act of 1899 transfers to School Commissioners or Boards of Education all public school property and funds of the annexed territorv. Offices abolished Classified List of Decisions of the Supreme Court, CONSTRUING THE SCHOOL LAWS. I. COUNTY SUPERINTENDENT. Decision of County Court final in fixing salary. 6 Lea, 501, Halle v. Young. II. DISTRICT DIRECTORS. Election Illegal Directors. 12 Lea, 486, Meadows v. Nesbitt. Election of Directors. See cases Nollie Roberts v. Len K. Hart, Trustee; Banks v. Burkhalter, from Davidson County. 21 and 22 Pickle. Contested Election County Court Decides. 12 Lea, 30, State v. Burch- field. Removal from Office. 3 Tenn. Ch. Rep., 177, State v, Leonard. Contracts with, and pay and dismissal of teachers. 5 Lea, 526, Parker v. School District; 12 Lea, 486, Meadows v. Nesbitt; 10 Lea, 344, Crawley v. Leonard; 10 Lea, 219, Morley v. Power; 5 Lea, 692, Morley v. Power; 5 Lea, 265, Bayless v. Driskell. Violation of Section 19 of school laws a misdemeanor. 9 Baxter, 559, State v. Keeton. Power to regulate the suspension or dismissal of pupils. 5 Lea, 526, Parker v. School District. Directors contract with teachers. See cases Nollie Roberts v. Len K. Hart, Trustee; Banks v. Burkhalter, from Davidson County. 21 and 22 Pickle. III. SCHOOL DISTRICTS. Debt of Directors binds successors, although district organization changed. 3 Tenn. Ch. Rep., 556, Shankland v. Phillips; 6 Lea, 273, Bank v, Baber. NOTE. Since the decision in the case of Rodemer v. Mitchell, 6 Pickle, 65, the Legis- lature of 1891 has, by statute, empowered the County Court to create new school districts. IV. TEACHERS. Power of Directors to employ, control, and dismiss teachers. (See Directors.) 5 Lea, 692, Morley v. Power; 5 Lea, 526, Parker v. School District; 10 Lea, 219, Morley v. Power; 10 Lea, 344, Crawley v. Leonard; 12 Lea, 486, Meadows v. Nesbitt; 9 Baxter, 559, State v. Keeton. Teachers' contract with directors. See cases Nollie Roberts v. Len K. Hart, Trustee; Banks v. Burkhalter, from Davidson County. 21 and 22 Pickle. Employment of minors. 12 Lea, 30, State v. Burchfield. Pay of teachers. 10 Lea, 219, Morley v. Power; 10 Lea, 344, Crawley v. Leonard; 5 Lea, 265, Bayless v, Driskell; 6 Lea, 274, Bank v. Baber. Power of teachers to suspend and punish pupils. 3 Head, 425, An- derson v. State; 5 Lea, 526, Parker v. School District; 3 Leg. Rep., 19, State v. Von Strans. (59) 60 THE PUBLIC SCHOOL LAWS OF TENNESSEE. V. COUNTY TRUSTEE. Liability. 5 Lea, 265. Bayless v. Driskell; 6 Lea, 276, Bank . v. Baber. May be sued. 9 Lea, 168, Bedwell v. Jones; 14 Lea, 536, Jernegan v. Gray. Entitled to only one and one-half per cent, of fees. 6 Pickle, 741, Monroe County v. Hudson. NOTB. The Assessment Act for 1891, Extra Session. Chap. 26, Sec. 19. raising anew the question decided in above case, being an amendment to the act of 1889, Chapter 96, was repealed by the act of 1895, Chap. 120, Sec. 117, page 246, and leaves the commission of the Trustee at one and one-half per cent on school money collected from taxpayers, and at one per cent on all school moneys received from other sources, and paid out ac- cording to law. VI. SCHOOL WARRANTS. How issued. 10 Lea, 219, Morley i\ Power; 5 Lea, 265, Bayless v. Driskell. Not negotiable, do not bear interest, subject to statute of limitations, etc., and Trustee's duty. 5 Lea, 265, Bayless v. Driskell; 6 Lea, 274, Bank v. Baber. VII. SCHOOL TAXES. County Court may levy tax equal to entire State tax at any term of court. 5 Lea, 708, Railroad v. Franklin County; 7 Lea, 309, Bright v. Halloman. VIIL SCHOOLS OF MUNICIPAL CORPORATIONS. May levy tax, and may admit children residing outside the corporation. 15 Lea, 633, Ballentine v. Pulaski. IX. PROCEDURE IN COURTS. Teacher cannot sue Comptroller. 10 Lea, 576, Yost v. Gaines. County Trustee may be sued. 9 Lea, 168, Bedwell v. Jones; 14 Lea, 536, Jernegan v. Gray. Cases where mandamus will lie. 5 Lea, 265, Bayless v, Driskell; 5 Lea, 692, Morley v. Power; 6 Lea, 274, Bank v. Baber. County Court decides contested election of Directors. 12 Lea, 30, State v. Burchfield. Removal of Director. 3 Tenn. Ch. Rep., 177, State v. Leonard. X. OATH MUST BE TAKEN BY ALL OFFICERS MISDEMEANOR TO ENTER ON OFFICE WITHOUT IT. Constitution, Art. 10, Sec. 1; M. & V. Code, Art. 2, Sees. 940, 941, 942, 943, 947, 948: 8 Baxter, 591. XL CONSTITUTIONAL REQUIREMENT. Constitution, Art 11, Sec. 12; 5 Hum., 279; 5 Baxter, 1. ALLISON, COL. JOHN. Act authorizing purchase of maps of, p. 36. ATTORNEYS. State Superintendent may appoint, sec. 44/, p. 26. ATTORNEY-GENERAL-STATES'. Opinion as to taxing districts, second class, p. 30, held valid. Opinion as to directors binding successors, sec. 18, p. 11, holds good in the absence of fraud. ATTORNEY-GENERAL-DISTRICT. To prosecute County Superintendent or Trustee for failure to make reports, sec. 44 g, p. 26. To conduct prosecutions, sec. 25, p. 17. BOARD OF EDUCATION. See State Board of Education, also County Board of Education. BLANK FORMS. Distributed by State Superintendent, sec. 7, subsec. 4, p. 4. BRANCHES OF STUDY TAUGHT. List of different studies, sees. 31, 32, 33 pp. 18, 19, 20, 21. CADETS. See University of Tennessee. CENSUS. Duty of State Superintendent, sec. 7, sub- sec. 11, p. 5. Duty of County Superintendent, sec. 9 pp 8, 9, 10. Duty of School Directors, sec. 20, pp. 12 13. Duty of District Clerk, sec. 21, pp. U, 15. CERTIFICATES. Of qualification by teachers, sec. 26, pp. To pupils completing the primary schools, sec. 32, subsec. 2, pp. 20, 21. CITY SCHOOLS. See Municipal Corporations. COMPTROLLER. To apportion annual school fund sec. 44 p. 24. To certify to County Judge or Chairman date and amount of each warrant to county, sec. 44A, p. 26. COUNTY COURT. To create and change school districts, sec. 22. subsec. 2, p. 16. Chairman's duty in relation to Bank of Tennessee, sec. 43, pp. 23, 24. County Superintendent, reports to, sec. 9, subsec. 9, p. 9. Levies county tax, sec. 39, p. 23. Sheriff certifies election of Directors to court, sees. 13, 14, p. 11. COUNTY BOARD OF EDUCATION. Creation and duties, pp. 37, 38, 39, 40. How chosen, sec. 3, pp. 37, 38. Shall locate County High School and make contracts, sec. 7, p. 39. May effect consolidation, sec. 8, p. 39. May admit nonresidents over age, sec. 10, p. 40. COUNTY HIGH SCHOOLS. County Court may establish, sec. 1, p. 37. May have special taxes, sec. 2, p. 37. County Board of Education to control* sec. 3, pp. 37, 38. Branches to be taught, sec. 4, p. 38. Number of teachers to be employed, sec. 5. p. 38. Powers and duties of County Board of Education, sees. 7, 8, p. 39. To be under supervision of State and County Superintendents, sec. 9 pp.39 40 Pupils; how admitted, sec. 10, p. 40. ' Trustee to keep account of County High School fund, sec. 11, p. 40. COUNTY SUPERINTENDENT. Elected, how and when, sec. 8, subsec. 1 p. 6. Qualifications, sec. 8, subsec. 1, p. 6. Examination, sec. 8, subsec. l, pp. 6, 7. Exemption from examination, sec. 8, sub- sec. 1, p. 7. Women eligible, sec. 8. subsec. 2, p. 7. Term of office, sec. 8, subsec. 2, p. 7. Prohibited from teaching, sec. 9, subsec. 9 a, art. 2, pp. 9, 10. Contracting as to school property, or buy- ing school warrants in counties of over 30.000, sec. 9, subsec. 9 a, p. 9. Shall have no pecuniary interest in sup- plying books, etc., sec. 23, pp. 16, 17. Misdemeanor in office to teach, sec. 9, sub- sec. 9 a, art. 2, p. 9. Penalties and forfeitures, sec. 7, p. 4; sec. 9, subsec. 9 a, art. 2, pp. 9, 10; sees. 23 24, 25, pp. 16, 17; sec. 44^, p. 26. Oath of office, art. 10, p. 63. May appoint District Directors in case of vacancy, sees. 16, 17, p. 11. Creation and duties, sec. 2, subsec. 1 p. 3- sec. 9, pp. 8, 9; sec. 43, pp. 23, 24. Shall report to State Superintendent sec. 44 e, p. 26. Salary, sec. 8, subsec. 1, p. 6. Warrants to be countersigned by him, sec. 9, subsec. 8, p. 9. Grading schools, sec. 32, p. 20. Shall issue diplomas and certificates to pupils, sec. U2 pp. 20. 21. County Trustee must report to him, sees. 44 a, 446, 44 c, 44d, pp. 24, 25. Directors must report to him, sec. 20, sub- sec. 12, p. 14. May appoint persons to make reports, sec. 9, subsecs. 3. 4, p. 8. Removal, sec. 8, subsec. 1, p. 6. COUNTY TRUSTEE. Apportionment from Comptroller, sec. 44, p. 24. State poll tax retained and distributed, sec. 36, p. 22. State school tax retained and distributed, sec. 38. p. 23. County school tax received and distrib- uted, sec. 40, p. 23. School money kept separate, sec. 41 p. 23' sec. 47, p. 28. Disbursed by warrants of Directors, see. 20, subsec. 10, pp. 13, 14. Orders by County Directors and Super- intendent, sec. 9, subsec. 8, p. 9. Unexpended balance not redistributed, sec. 42, p. 23. Duties in Bank of Tennessee issue, sec. 43. pp. 23, 24. Settlements to be made quarterly, see. 44 a. p. 24. Report to County Superintendent, sec. 44a, p. 24; sec. 45, p. 27. (61) INDEX. Keport to State Superintendent, sec. 7, subsec. 8, p. 5. Keport to Directors, sec. 45, p. 27. Bond, sec. 46, pp. 27, 28. Liability, sec. 47, p. 28. May be sued, art. 9, p. 62. Penalties and forfeitures, sec. 44^, p. 26; sec. 47, p. 28. Compensation, sec. 46, p. 27. Duties as to County High School fund, sec. 2, p, 37; sec. 11, p. 40. DECISIONS. See Supreme Court. DIPLOMAS. To graduates of normal schools, sec. 54, subsec. 8, p. 31. To pupils completing secondary school*, sec. 32, subsec. 3, p. 23. DISTRICTS. See School Districts. DISTRICT CLERK. Duties, sec. 21, pp. 14, 15. When chosen, sec. 18, p. 11. Compensation for services, sec. 21, subsec. 5, pp. 16, 17; see note. To report to County Superintendent, sec. 21, subsec. 5, p. 15. Teachers must report to Clerk, sec. 27, p. 18. Penalties and forfeitures, sees. 23, 24, 25, pp. 16. 17. Pay withheld for failure to report, sec. 20, subsec. 12, p. 14; sec. 21, subsec. 5, p. 15. County Superintendent's duty, in case of failure, sec. 21, subsec. 5, p. 15. DISTRICT DIRECTORS. When and how elected, sees. 10, 12, p. 10; sec. 18, p. 11. Who eligible, sec. 11, p. 10. Sheriff holds election and certifies to County Court, sees. 13, 14, p. 10. Failure to elect, sec. 16, p. 11. Vacancy, sec. 17, p. 11. County Superintendent appoints, sees. 16, 17, p. 11. Term of office, sec. 10, p. 10. County Court decides contested elections, sec. 14, note, p. 10. Hold till successors qualified, sec. 15, p. 10. Enter upon office, when, sec. 18, p. 11. Meetings, sec. 18, p. 11; sec. 20, subsec. 7, p. 12. Penalties and forfeitures, sees. 23, 24, 25, pp. 16, 17. Misdemeanor, sees. 18, 19, pp. 11, 12. Duties, sec. 2, subsec. 1, p. 3; sec. 20, p. 12; sec. 31, pp. 18, 19,20. May subdivide districts, sec. 22, subsec. 3, p. 16. May make contracts, sec. 20, pp. 12, 13; sec. 28, p. 18. Illegal contracts, sec. 19, pp. 11, 12. Power to employ and dismiss teachers, sec. 20, subsec. 3, p. 12. Contracts with other districts, sec. 30, p. 18. Contracts for consolidated schools, sec. 33, p. 21. Contracts for primary and secondary schools, sec. 31, pp. 18, 19. Length of time school shall be run each year, sec. 39, p. 23. Certificates and diplomas to pupils, sec. 32, pp. 20, 21. Report to County Superintendent, sec. 20* subsec. 12, pp. 13, 14. Report from Trustee, sec. 45, p. 29. Reports from teachers, sec. 27, p. 18. Power to suspend and dismiss pupils, sec. 20, subsec. 4, p. 12. Debt of Directors binds successors, arti- cle 3, p. 60. Illegal Directors, article 2, p. 60. Removal from office, article 2, p. 60. EXAMINATIONS. Of County Superintendent before elec- tion, sec. 8, pp. 6, 7. County Superintendent to examine teach- ers, sec. 9, subsec. 4, p. 8. Graduates of normal schools exempt, sec. 54, subsec. 8, p. 31. EXAMINERS. State Superintendent may appoint, sec. 7, subsec. 6, pp. 4, 5. FORFEITURES. See Penalties and Forfeitures. FORMS. See Blank Forms. FUNDS. See School Funds. LICENSE OF TEACHERS. See Certificates. MAPS, SCHOOL. Act authorizing purchase, Col. John Alli- son's, p. 36. MEMPHIS. Laws applying only to Memphis, sec. 57, p. 56. MISDEMEANOR. See Penalties and Forfeitures. MUNICIPAL CORPORATIONS. City and town school systems, sees. 48, 49, pp. 28, 29. Cities and incorporated towns may levy tax, sec. SO, p. 29. May establish independent system, sec. 51, pp. 29, 30. Boards of Education may be appointed, sec. 50, subsec. 4, pp. 29, 30. Taxing districts of second class, sec. 52, p. 30. NORMAL SCHOOLS. Laws organizing and regulating, sec. 54, p. 30, t seq. Diplomas to graduates, exempting from examination, sec. 54, subsec. 8, p. 31. Scholarships to Peabody Normal College, sec. 54, subsec. 14, p. 33. State Superintendent to disburse all mon- eys appropriated to Peabody Normal School, sec. 54, subsec. 12, p. 32. Appropriation to Peabody Normal College, sec. 54, subsec. 14, p. 33. Reports to State Superintendent and Gov- ernor, sec. 54, subsec. 9, p. 32. Salaries to be fired by State Board, sec. 54, subiec. 11, p. 32. Scholarships for colored people, sec. 54, subsec. 15, pp. 33, 34. Appropriation for normal instruction of colored people, sec. 54, subsec. 15, pp. 33, 34. Donations may be received, sec. 54, subsec. 4, p. 31. Age of pupils attending, sec. 54, subsec. 6, p. 33. OFFICERS. All officers must take oath, art. 10, p. 63. Penalties and forfeitures, sees. 23, 24, 25, pp. 16, 17. Duties in relation to Bank of Tennessee issue, sec. 43, pp. 23, 24. INDEX. 63 ORDERS. See Warrants. PEABODY NORMAL COLLEGE. See Normal Schools. PENALTIES AND FORFEITURES. For all school officers, sees. 23, 24, 25, 26. pp. 16, 17, 18. County Superintendent, failure to report, sec. 44g, p. 26. Clerk of Directors, failure to report, sec. 20, subsec. 12, p. 14. County Superintendent, removal, sec. 8, subsec. 1, p. 6. State Superintendent, removal, sec. 5, p. 4. Misdemeanor for County Trustee, sec. 47, p. 28. Misdemeanor for Directors, sec. 19, pp. 11, 12. PROPERTY. Directors control property of district, seo. 20, subsec. 11, p. 14. People may rate on school tax, sec. 39, p. 23. PEOPLE. Public meetings of district called by Di- rectors, sec. 20, subsec. 8, p. 12. People may vote on school tax, sec. 39, p. 23. Elect School Directors, sec. 12, p. 10. PUPILS. School age, sec. 7, subsec. 12, pp. 5, 6. Pupils adjoining county line, sec. 22, sub- sec. 4, p. 16. Pupils residing in different districts, sec. 22, subsec. 4, note 1, p. 16; sec. 30, p. 18. May be admitted to town schools by con- sent, art. 8, p. 62. Punishment of pupils, sec. 20, subsec. 4, p. 12. Suspension by teacher, sec. 29, p. 18. DimUsal by District Directors, sec. 20, ubsec. 4, p. 12. School grades, sec. 82, p. 20. Certificates to pupils completing primary schools, sec. 32, p. 20. Diplomas to pupils completing secondary schools, sec. 82, p. 20. White and colored pupils not to be taught in same schools, sec. 30, p. 18. May b recommended for admission to Normal College, sec. 54, subsec. 7, p. 31. RECORDS. State Superintendent to keep records, sec. 7, subsec. 10, p. 5. County Superintendent to keep records, sec. 9, subsecs. 7, 9, p. 9. Clerk of Directors to keep records, sec. 21, subsecs. 2, 3, pp. 14, 15. Teachers to keep register of schools, sec. 27, p. 18. County Trustee to keep separate account, sec. 45, p. 27. Normal schools to keep records, sec. 54, subsec. 9, p. 82. County Trustee to keep account of County High School fund, see. 11, p. 40. REPORTS. State Superintendent may require report of any officer, sec. 7, subsec. 7, p. 5. State Superintendent may appoint persons to make reports, sec. 7, subsec. 8, p. 5. State Superintendent's annual report to Governor, sec. 7, subsec. 12, pp. 5, 6. State Superintendent's report of scholastic population to Comptroller, sec. 7, subsec. 11, p. 5. County Superintendent's annual report to State Superintendent, see. 7, subsec. 7, p. 5; sec. 9, subsec. 6, p. 8. County Superintendent's annunl report to County Court, sec. 9, subsec. 9, p. 9. County Superintendent's report of scho- lastic population to Trustee, sec. 9, sub- sec. 5, p. 8. County Superintendent may appoint per- sons to make district report, sec. 9, sub- sec. 3, p. 8. Directors' annual report to County Super- inteudent, sec. 20, subsec. 12, p. 14. Clerk's report of scholastic population to County Superintendent, sec. 21, subsec. 5, p. 15. Clerk failing to report cannot draw pay, sec. 21, subsec. 5, p. 15. Teacher's report to Clerk, sec. 27, p. 18. County Trustee's report to County Super- intendent, sec. 44a, p. 24; sec. 45. p. t>. County Trustee's report to District Direc- tors, sec. 45, p, 27. State Board of Education to report to State Superintendent and Governor, sec. 54, subsec. 9, p. 32. County Board of Education to report, sec. 9, p. 40. SCHOLARS. See Pupils. SCHOLASTIC POPULATION. See Census. SCHOOL AGE. See Pupils. SCHOOL DISTRICTS. Established in 1873, sec. 22, subsec. 1, pp. 15, 16. Powers, sec. 22, subsec. 1, p. 15. County Court may change, sec. 22, subsec. 2, pp. 15, 16. Directors may subdivide, sec. 22, subsec. 3, p. 16. Pupils residing in different districts, sec. 22, subsec. 4, note 1, p. 16. Pupils adjoining county line, sec. 22, sub- sec. 4, p. 16. Unexpended balance not distributed, seo 42, p. 23. Debt of directors binds successors, art. p. 60. Adjacent to incorporated towns, sec. 28, subsec. 4a, p. 16. SCHOOL FUND. Permanent fund and its annual proceeds, sees. 34, 35, pp. 21, 22. Comptroller apportions annual State fund, sec. 44, pp. 26, 27. State school taxes, sees. 37, 38, pp. 22, 23. Directors may draw warrants on Trustea, sec. 20, subsec. 10, p. 13. County school taxes, sec. 39, p. 23. Distribution to school districts, sec. 38, p. 23. Directors to use fund for what purpose and how, sec. 20, subsec. 5, p. 12. Unexpended balance in district, sec. 42, p. 23. Penalty of Trustee, sec. 47, p. 28. SCHOOL LAWS. Distributed by State Superintendent, sec. 7, subsec. 5, p. 4. SCHOOL OFFICERS. See Officers'. SCHOOL PROPERTY. See Property. 64: INDEX. SCHOOLS. System established, sees. 1, 2, p. 3. How long kept open, sec. 20, subsec. 3, note 5, p. 12; sec. 31, note p. 21; sec. 39, p. 23. Separate for white and colored pupils, sec. 20, subsec. 9, p. 12; sec. 30, p. 18. Who may attend free, sec. 22, pp. 15, 16; sec. 30, p. 18. Two classes of schools primary, second- ary, sees. 31, 32, pp. 18, 19, 20. Consolidated schools, sec. 33, p. 21. Branches of study, sees. 31, 32, 33, pp. 18. 19. 20, 21. Grading of schools, sec. 32, pp. 19, 20, 21. Certificates and diplomas to pupils, sec. 32, pp. 19, 20, 21. More than one teacher necessary for each secondary school, sec. 31, subsec. 3, note p. 19. Effects of alcohol and tobacco and cigar- ette smoking to be taught, sec. 31, sub- sees. 4, 5, pp. 19, 20. SCHOOL MAPS. Act authorizing purchase of Col. John Allison's, p. 36. SCHOOL WARRANTS. See Warrants. STATE BOARD OP EDUCATION. How appointed and term of office, sec. 54, subsec. 13, p. 33. Governor and State Superintendent, ex officio members, sec. 54, subsec. 13, p. 33. Organization, duties, and powers, sec. 54, pp. 30, 31. 32,33. May establish normal schools, sec. 54, p. 30. May grant diplomas to graduates, sec. 54, subsec. 8, p. 31. Report to Legislature through State Sup- erintendent and Governor, sec. 54, sub- sec. 16, p. 34. Rules for County Superintendent, sec. 8, subsec. 1, p. 7. STATE SUPERINTENDENT. Office created and located at Capitol, sec. 2, p. 3; sec. 6, p. 4. Qualifications and appointment, sec. 3, p. 3. Oath of office, art. 10. p. 63. Term of office and salary, sec. 4, p. 3. Member of State Board and educational bodies, sec. 4, subsecs. 2, 3, pp. 3, 4. Duties, sec. 7, subsecs. 1 to 12. pp. 4, 5. Duty in grading schools, sec. 32, pp. 20, 21. Duty in issuing certificates and diplomas to pupils, sec. 32. p. 21. Duty in distributing school law, forms, etc., see. 7, subsecs. 4, 5, 13, pp. 4, 6; sec. 9, p. 39. Suits for penalties in his official name, sec. 7, p. 5. Penalties and forfeitures, sees. 23, 24, 25, pp. 16, 17. Removal, sec. 5, p. 4. Shall make tours of inspection, sec. 7, subsec. 2, p. 4. Shall disburse money appropriated to Peabody Normal College, sec. 54, sub- sec. 12, p. 32. Shall be secretary and treasurer of State Board of Education, sec. 54, subsec. 12, p. 32. Shall give bond, sec. 54, subsec. 12, art. 2, p. 32. County Superintendent 'reports to him, sec. 7, subsec. 7, p. 5; sec. 44c, p. 25. State Board of Education reports to him, sec. 54, subsecs. 16, 17, p. 34. May require reports of any officer, sec. 44, p. 26. May appoint persons to make reports, sec. 7, subsec. 8, p. 5. May appoint examiners, sec. 7, subsee. 6, pp. 4, 5. May employ attorneys, sec. 44 /, p. 26. SUPREME COURT. Decisions in school cases, pp. 59, 60. TAXES. See School Fund. TAXING DISTRICTS. See Memphis. TAXING DISTRICTS OF SECOND CLASS. See Municipal Corporations. TEACHERS. Examinations provided for, sec. 7, subsec. 9, p. 5. Certificates of qualification, sec. 9, sub- sec. 4, p. 8; sec. 26, p. 17. Diplomas from State normal schools, sec. 54, pp. 30, 31, 32, 33. Employment by Directors, sec. 20, subsec. 3, p. 12; sees. 26, 28, pp. 17, 18. Must obey regulations of Directors, p. 43. Payment of salary, sec. 20, p. 13; sees. 26, 28, pp. 17, 18. Keep register and report to Directors, sec. 27, p. 18. Power to punish and suspend pupils, sec. 29, p. 18. TEXT-BOOKS. Text-book Commission created, sec. 1, p. 43. Uniform system of school books to be adopted, sec. 1, p. 43. Branches to be considered, sec. 1, p. 43. Sub-commission authorized, sec. 1, p. 44. Duties of commission and sub-commis- sion, sec. 1, 2, 3, pp. 43, 44. 45, 46, 47. Requirement of bidders, sec. 2, pp. 46, 47. State not liable to any contractor, sec. 5, p. 51. Governor to issue proclamation when adoptions are made, sec. 7, p. 52. State Superintendent to notify County Superintendents of adoptions, sec. 10, p. 54 Compensation for sub-commission, sec. 17, p. 55. TREE-PLANTING. Duty of County Superintendent and schools, sec. 56, p. 36. UNIVERSITY OF TENNESSEE. Duties of school officers in examining ap- licants and cadetships, sec. 55, pp. 34, pcan 35, 36. Senators and Representatives appoint ca- dets, sec. 55, subsec. 3, p. 35. President of University appoints cadets, sec. 55, subsec. 5, pp. 35, 36. Vacancy in cadetships, sec. 55, subsec. 6, p. 36. WARRANTS. Shall be countersigned, sec. 9, subsec. 8, p. 9. Drawn by Directors on County Trustee, sec. 20, subsec. 10, pp. 13, 14. Drawn by County Superintendent for Clerk's salary, sec. 21, subsec. 5, p. 15. Trustee's duty and liability, sees. 44, 44a, 44&, p. 23. Shall be written in ink, sec. 9, subsec. 8, p. 9. VC 06587 380089 UNIVERSITY OF CALIFORNIA LIBRARY