I pd <— > ^OJ 'ERS/a ^^tnt^ -^* s 4 ,— w"' Ohio > 1**9, ?i/ {\fa*y <+c . OHIO SCHOOL LAWS, FUOM REVISED STATUTES, PART SECOND, TITLE III. PASSED BY THE SIXTY-THIRD GENERAL ASSEMBLY, JUNE 20th, 1879, AND TO TAKE EFFECT JANUARY 1st, 1830 : WITH NOTES, OPINIONS, INSTRUCTIONS, AND BLANK FORMS, PREPARED BY THE STATE COMMISSIONER OF COMMON SCHOOLS. COLUMBUS: NEVINS & MYERS, STATE PRINTERS. 1879. s Ohio 45$ in- CONSTITUTION. ARTICLE VI.— EDUCATION. Section 1. The principal of all funds, arising from the sale, or other dispo- position of lands, or other property, grantel or intrusted to this State for educa- tional and religious purposes, shall forever be preserved inviolate and undi- minished ; and the income arising there ft om shall be faithfully applied to the specific objects of the original grants or appropriations. Sec. 2. The General Assembly shall male such provisions, by taxation or otherwise, as, with the income arising from t l e school trust fund, will secure a THOROUGH AND EFFICIENT SYS7IM OF COMMON SCHOOLS THROUGHOUT TnE State ; but no religious or other sect or sects thill ever have any exclusive right to, or control of, any part of the school funds of this State. INTRODUCTORY. Office of State Commissioner of Common ScnooLS, Columbus, Ohio, July 25, IsTD. S. J. R. NO. «J?. Be it resolved by the General Assembly of Vie Stale of Olio, That the supervisor of public printing be and is hereby instructed to have p:iuted and bound in muslin twenty- five thousand ("23,000) copies of the s :Iioj1 laws of 1S79, with such notes and decision3 by the commissioner of common schools as tLafc officer may deem necessary, with a ref- erence to each section of the law so explained by said commissioner. Five thousand (5,000) for the ute of the commissioner of common schools; acd five thousand (5,000) conies to the members of the g< neral assembly ; and the remainder to be distributed by the secretary of state to the c^-uuiy auditors of the several counties of the state in proportion to thtir population, to be further distributed by 6aid auditors, as follows : One copy to the cleik and one to the treasurer or each township ; one copy to the cleik of each tchool district and sub-district ; one coj y to each prosecuting attorney and probate judge ; and one copy to the clerk of each board of school examiuers. The copies distributed through the couny auditors to be preserved by thtir several recii>ients and handed over to their respective successors in office. JAMES E. NEAL, Sjxalcer of the House of Representatives. JABEZ W. FITCH, President of the Senate. Passed June 12, 187?. This edition of the school title has been prepared in obedience to the above resolution of the General Assembly. There has been for two years past a steady demand for copies of the school laws from county oflicers and members of school boards, which de- mand could not be supplied. The last edition was exhausted, and at any rate so many changes in the law had been made since its publication as to render it a very unsafe guide. In the preparation of the notes to this volume, the commissioner ha3 been greatly aided by the official opinions of his predecessors, as con- 4 OHIO SCHOOL LAWS. tained in the volume of school laws published in 1858, prepared by Hon. Anson Smyth, and containing likewise opinions of Hon. H. H. Barney; the edition of school laws in 1865 by Hon. E. E. White, and a manu- script written by Hon. T. W. Harvey. In some cases their rulings as to the construction of the law have passed into the text of the law; in other instances, these are no longer applicable, owing to changes in the statute ; in many others, these opin- ions concerning the force of a section of the law, and utterances with regard to the unwritten law — custom, are the exact matters to be pre- sented to school officers. These helps, however, are not available in construing the large num- ber of new statutes, or amendments to old ones, which have been enacted during the past two winters, and some of which now, for the first time, go into effect. Concerning the latter, I am frank to confess that it would be easier to prepare notes explaining matters whose meaning does not lie entirely upon the surface, if the letters from school officers and teachers to be written during the next few years were now at hand. I return my thanks to the Attorney General of Ohio, Hon. Isaiah Pillars, for his uniform courtesy and discreet advice upon legal points submitted for official opinion. This manual has been prepared amid a press of duty which scarcely left time for the absolute necessities of the work. I fear that it bears the signs of hurried composition, but trust its errors are of form and not of fact. I send it forth with the hope that it will be of great help to school of- ficers in the performance of their duties. J. J. Burns, State Commissioner of Common Schools. TITLE III. SCHOOLS. CHAPTER 1. Classification and change of districts. CHAPTER 2. City districts of tiik first class. CHAPTER 3. City districts of the second class, and village districts. CHAPTER 4. Township and special districts. CHAPTER 5. Joint sub-districts. CHAPTER 6. School funds. CHAPTER 7. Provisions applying to all boards. CHAPTER 8. ScnooL-HOUSES and libraries. CHAPTER 9. Schools, and attendance knforced. CHAPTER 10. Enumeration, treas> ,.kr, and clerk. CHAPTER 11. Reports. CHAPTER 12. Examiners. CHAPTER 13. Teachers' institute . CHAPTER 14. Cincinnati and Tol i»o universities. CHAPTER 1. CLASSIFICATION AND CHANGE OF DISTRICTS. Section 3885. Classes of school districts. 3886. City distiicts of first class. 3887. City districts of second class. 3888. Village districts. 3889. Change of classification in certain cases. 3890. Township districts. 3891. Special districts. Section 3892. Boundaries of sub-districts not changed. 3893. Transfer of territory from one dis- trict to another. 3394. Township distiicts may become vil- lage districts. 3895. How vote sh.-ll be taken. 3896. How board organized. Section 3885. The state is hereby divided into school ciassesof School districts. districts, to be styled respectively city districts of the first class, city districts of the second class, village districts, special districts, and township districts. [70 v. 195, § 1.] Sec. 3886. Each city having a population of tenthou- SCHOOL DISTRICT. The term "school district" is fully defined in the first seven sections of this title. Territory attached far school purposes. — The phrase "territory attached 6 OHIO SCHOOL LAWS. Ch. I. Classification and Change of DUtiicfs. City districts of a!Lld^ ll8 ° f Eanc * or more, by the census of 1870, including the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall constitute a school district, to 1)9 styled a city district of the first class. [70 v. 193, § 2.] Sec 3 88 7- Each city of the second class, having a popu- lation of less than ten thousand by the census of 1870, in- cluding the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall constitute a school district, to be styled a city district of the second class. [70 v. 195, § 3.] Sec. 3888. Each village, including the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall con- stitute a school district, to be styled a village district. [74 v. 140, § 4.] Sec 3889. Municipal corporations hereafter created, or advanced to a higher grade, except villages created by ad- vancement or otherwise, shall, from and after their creation or advancement; be school districts corresponding to their grade as herein provided. [70 v. 195, § 5.] Sec 3890. Each organized township, exclusive of any of its territory included in a city, village, or special district, Vi'lnije dis- Chang!" of rla"- Biticiiiinii i u cur- tain caoL8. rfrrnsliip dis- tiiclo. for school purposes," as used iu seitiors 3886, 3837, and 3888. evidently applies to territory Dot included iu the corporate limits of a city or vil- lage, i'ii! which, tit tli<- time of iis organization, formed a part of the school district or sub district to which ilie territory of such city or village belonged ; or to territory transferred from one district to another, lor school pin poses, nnder section 3til , 3 of this chapter. "IViriiory i.leticbed for school purposes" is territory taken into the corporate limits of a city or village, but oof, transferred by mutual con- sent of the boards i -f education concerned; or territory foimally trans- ferred by the city or village disirict to a district adjoining. Ft.C. 3~K>. The exception of "villages created by advancement or otherwise," hereafter is explained by rel'erenca to chapter 3, section 3'Jl^. Sfc. 3800. TJndpr this section a change* of township boundaries works a corresponding change in the township district boundaries. OHIO SCHOOL LAWS. Classification and Change of Districts. Ch. 1. shall constitute a school district, to be styled a township dis- trict. [70 v. 195, § 7 ] Sec. 3891- Any school district now existing, other than special dis- tricts, those mentioned in sections thirty eight hundred and eighty- six, thirty eight hundred and eighty seven, thirty-eight hundred and eighty eight, and thirty-eight hundred and ninety, which has been established by a vote of the people in accordance with any act of the general assemV.y, or which has been estab- lished by a general or local act of the general assembly, shall constitute a school district to be styled a special district; and such districts may be established as provided in chap- ter five of this title." [70 v. 195, § C] Sec. 3892. The several sub-districts and joint sub-dis- tricts now existing within any township district shall con- Bnmi(1aT j P( , of tinue, according to their respective boundaries, to be sub dis- not okayed, tricts or joint sub districts thereof, subject to the provisions of. this title. [70 v. 195, § 8.] CHANGE OF DISTRICT. Sec. 3893. A part or the whole of any district may be transferred to an adjoining district, by the mutual consent TranRferoftPr . of the boards of. education having control of such districts ; district to aa- but no such transfer shall take effect until a statement or map, showing the boundaries of the territory transferred, is other. Sfc 3~9l. The terms " separate district," "independent distiict," "union school district," are litre shown to be obsolete. Sec. '.5-9 - i. Sub-districts arc the sub-divisions ot a township organized for school purposes. These sub-divisions are made by township boards of education, by commissioners appointed by the probate court, and by the geuer.d assembly. Concerrrii g joint sub-districts see chapter 5. Sec 3e93. Territory transferred under this section becomes part of the school district to which it is annexed.' Toe qualified voters residing tbere< ■!> areeniitled to vole at ail school elections, and all taxes for school purposes insist be assessed upon all the property of the distiict. The right of appeal to the counts commissioners is given as against such transfer ; but it there is a failure of the boaids of education to agree to the transfer, no right of appeal exists. 8 OHIO SCHOOL L AS. Ch. 1. Classification and Change of Districts. Township dis- tricts may be- come village districts. How rote shall be taken. entered upon the records of such boards, nor, except when the transfer is for the purpose of forming a joint sub-district until a copy of such statement or map, certified by the clerks of the board making the transfer, is filed with the auditor'of the county in which the transferred territory is situate; and any person living in the territory so transferred may appeal to the county commissioners, as provided in section thirty-nine hundred and sixty-seven, and the commissioners, at their first regular meeting thereafter, shall approve or vacate such transfer. [70 v. 195, § 40.] Sec. 3894. The board of education of any township district may decide to submit, and, on petition of one-third of the electors of the district, shall submit, at the first regu- lar election for township officers after such decision is made or petition received, the question whether such township district shall be governed by the provisions of this title ref- lating to village districts ; and the board shall give notice of the vote to be taken, by posting up written or printed notices, in ten or more public places in the township, at least twenty days prior to such election. [70 v. 195, § 155.] Sec 3895. The election shall be conducted by the town- ship trustees, who shall provide a separate ballot-box and. separate poll-books, and make a return of the vote to the township clerk, and also to the commissioner of common schools, within five days after the election ; and the persons voting at such elections in favor of such change shall have written or printed on their ballots — " School District," and those opposed to such change — " No School District." [7.0 v. 195, § 156.] Skcs. :te94, lif-'J"), 3*96. The directors of the township cease to be di- rectors, and their office is abolished, as soon as the new township board is created with all the powers of a village board. The result of this cbange would be a simpler and more effective system for the management of the township schools. OHIO SCHOO LAWS. " City Districts of the First Class. Ch - 2 - Sec. 3896. At the annual organization of the township g^TzeSf" board after any such election, if it be found that a majority of the votes cast were in favor of the change, the board shall select, by vote or lot, six persons to serve as a township board of education, two of whom shall serve for three years, two for two years, and two for one year ; and such board shall thereafter be governed by the provisions of this title relating to boards of village districts. [70 v. 195, § 157.] CHAPTER 2. CITY DISTRICTS OF THE FIRST CLASS. Section 3e97. Board of education— how consti- tuted, and how membership in- creased. 3898. When two members for each ward, how elected. 3899. W hen one member for each ward, how elected. Section 3jOO. Where certain electors to vote: plats of attached territory. 3901. Conduct of elections. 3902. How electors on attached territory to cast ballots. 3903. Meetings and certain powers of the board. Section 3897- In city districts of the first class, the Board of ednca . tinn — how con- board of education shall consist of two members for each ^j^^j. ...... . -, i -, .j. ship increased. ward, except in districts organized under a law providing for one member only for each ward, in which districts the board may at any time, by a vote of a majority of its mem- bers, provide that thereafter each ward shall be represented by two members, and thereupon proceed to choose one addi- tional member for each ward, to serve until the next annual election for city officers, and until the election and qualifica- tion of his successor ; and each member of the board shall CnANGE OF RESIDKJSXE. Sec. 3897. When a member of the board of education removes from the district, or from his warri, in case the district is divided into wards, or a director removes from the snb-riistru t, he vacates his office. Likewise, if the territory upon which such officer resides be transferred to another district, ward, or sub-district. 10 onio SCHOOL LA.WS. Ch. 2. City Districts of the First Class. be an elector of the ward for which he is elected or appointed. [70 v. 195, §§ 9, 10.] when two s EC . 3898. At every annual election for city officers in Bienibera lor J J •levied. a city which constitutes a district of the first class, and wherein the board consists of two members for each ward, there shall be elected in each ward, by the qualified electors thereof, one judicious and competent person to serve as a member of the board of education of the district, for two years from the third Monday of April succeeding his election, and until the election and qualification of his successor. [70 v. 195, §11.] whpnonomom- Sec. 3899. When the board consists of as many mem- ber lor e;ich ekct!wi hu Ders as 'bore are wards, there shall be elected, at the annual election for city officers, in the year eighteen hundred and eighty, and every two years thereafter, in each ward desig- nated by an even number, and in the year eighteen hundred and (ighty-ove, and every two years thereafter, in each ward designated by an odd number, by the qualified electors there- of, one member of the board, who shall hold his office for two years, and until the election and qualification of his suc- cessor. [70 v. 195, § 11 .; 71 v. 55, §§ l,-2, 3 ] wnprerortain s £C . 390O. An elector residing in the city district, but temtory. not in any ward of the city, shall be entitled to vote in the ward to which he is attached by the board of education for school purposes; but an elector residing in the city, and not in the city district, shall not be entitled to vote at any elec- tion provided for in this chapter; the board shall ascertain whether the city limits are co-extensive with the limits of the school district; and in ca-e the school district includes territory without the corporate limits, the board s-hull make or cause to be made a plat of the territory so attached for school purposes, designating thereon by metes and bounds OHIO SCHOOL LAW?. 11 Citv Dti-t irta <»f the Fir f ednear district divided into sub-districts shall consist of the town- tion— how con- stituted and ship clerk, and the directors who have been appointed clerks of the sub districts; the board of a township district which is not divided into sub-districts shall consist of the town- ship clerk, and the directors of the district ; the board of a township district which is composed of not more than two sub-districts shall consist of the township clerk, and the directors of the two sub-districts ; and the clerk of the town- ship shall be clerk of the board, but shall not be entitled to a vote. [70 v. 195, §§ 26, 29 ; 70 v. 241, § 44.] Sec 3916. There shall be elected by ballot, on the sec- Election ana qualific tion. ond Monday of April, annually, in each sub district, and in of directors. each township not divided into sub-districts, by the quali- fied electors thereof, one competent person, having the quali- fications of an elector therein, to be styled director, who shall hold his office for three years from the day of his election, and until his successor is elected and qualified ; and such Sec. 3915. The township clerk has all the rights of a member of the board but that of voting. One-half of the sub-district clerks, with the township clerks, constitute a quorum. A township board of education is not authorized to determine the right of its own members to act as such, after their election as clerks of the sub-districts has been certified to the township clerks by the chair- man and secretary of the sub-district meeting, and by the directors at their meeting for organization. The irregularities iu an election can not be corrected by the township board. Sec. 3 ( J16. The time each director is to serve should be designated on the ballots, and such designation cannot be disregarded by the judges of election. [20 Ohio Statj R., p. 33(3. j WHO MAY VOTE FOR DIRECTORS. Sec. 3916. Any person who is entitled to vote at the township election may vote for director in the sub-district of which he is a bona fide resi- dent, without regard to the length of time during which he may have lived in the sub-aistrict. A school director can not act as such until legally qualified. This qualifying may take place immediately after the election. The board of directors must organize within the week after the elec- tion, so they inaj be represented at the meetiDg of the township board of education on the following Monday. 20 OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. Xotice and conduct o£ election. Meeting of di- rectors. director shall, within five days after his election, take an oath or affirmation to support the constitution of the United States, and the constitution of the state of Ohio, and to dis- charge the duties of his office faithfully and impartially, which oath or affirmation may be administered by any direc- tor of a sub-district of the township, or by the township clerk. [75 v. 81, § 27.] Sec. 3917. The clerk of each sub-district, or, if a town- ship is not divided into sub-districts, the clerk of the town- ship, shall post written or printed notices in three or more conspicuous places in his sub-district or township, as the case may be, at least six days prior to the day of election, designating the day and hour of opening and the hour of closing the election; the election shall be held at the usual place of holding school meetings in the sub-district, or town- ship district which is not divided into sub-districts; the meeting shall be organized by appointing a chairman and a secretary, who shall act as judges of the election ; and the secretary shall keep a poll-book and tally-sheet, which shall be signed by the judges, and delivered within five days to the clerk of the township. [70 v. 195, § 28 ; 75 v. 81, § 27.] Sec. 3918. The directors of each sub-district, two of whom shall constitute a quorum, shall meet within five days after the second Monday of April each year, at such place as may be most convenient in the sub-district, and organize by appointing one of their number clerk of the sub-district, who shall preside at the official meetings of the directors, and record their proceedings in a book to be provided for that purj)Ose, together with the minutes of the proceedings of the annual school meetings held in the sub- district by the electors thereof, which shall be a public rec- ord ; all such prooeedings, when so recorded, shall be signed OHIO SCHOOL LAWS. 21 Township and Special Districts. Ch. 4. by the clerk ; the directors may meet as frequently as they deem necessary for the transaction of business, and may fill vacancies in the office of clerk, or, if the cleric be absent, either of the other directors may officiate temporarily in his place ; but no business shall be transacted at a meeting of which due notice has not been given to each of the directors of the sub-district, either personally or by a written notice left at his residence or usual place of business. [70 v. 195, §2S. Sec. 3919. If the qualified electors of a sub-district, or ^ZuSlwS! 1 of a township not divided into sub-districts, fail to meet and elect a director on the second Monday of April in any year, as prescribed in this chapter, or if a vacancy occur in the board of directors, any three qualified electors of such sub-district or township may call a special meeting of the electors thereof within ten days after such failure to elect, or the occurrence of such vacancy, for the purpose of electing a director, on first giving five days' notice in writing of the time and place of holding such meeting, by posting the same in three of the most public places in the sub-district or township ; the director elected at such meeting shall hold Sec. 3918. Directors should not fail to organize before the third Mon- day of April, so that they he represented in the township hoard of educa- tion. Business done by directors not at a meeting of which each one of the directors of the sub-district is duly notified, is without warrant of law, and consequently void. In case the clerk is absent from any of the meetings of the directors, one of the directors present can officiate temporarily in his place; but he cannot serve as a member of the township board of education until regu- larly appointed. NOTICE. Sec. 3918. But two modes of giving notice are named. If any other mode, as by mail, be used, and legal proceedings ensue concerning some act of the directors done at the called meeting, the burden of proof would rest upon those affirming the legality of the meeting to show that the notice was received. In 16 Maine R., 185, it is held that the dismissal of a teacher by two directors was illegal, because the third was not notified, although he was out of town. That does not allow the majority to dispense with the rule requiring notice. 22 OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. his office for the unexpired term to be filled, and until the election and qualification of his successor; and if there be a failure to hold such general election, or the special elec- tion provided for in this section, the township clerk shall appoint some suitable resident of the sub-district to act as director until the next election, and until the election and qualification of his successor. [70 v. 195, § 20.] I ." a '", 1 Sec. 3920- The board of education shall hold regular Bpecia] meet- ° sessions on the third Monday of April and on the third Monday of September in each year, at the usual place of holding township elections, or at such place in the imme- diate vicinity thereof as may be convenient for the transac- tion of business, and may adjourn from time to time, or hold special meetings at any other time and place within the township, as it deems desirable for the transaction of business, which special meetings may be called by the town- ship clerk, by the president of the board, or by two or more members of the board ; but each member of the board must be duly notified thereof personally, or by a written notice left at his residence or usual place of business. [70 v. 195, § 31.J Map of town- Sec. 3921. A map of each township district shall be ^lii]. district ; dtetrkt8 f8ab " P re P are( i by the board, as often as it may deem necessary, in which shall be designated the numbers and boundaries of the sub-districts thereof; the board may, at any regular session, increase or diminish the number, or change the boundaries of sub-districts; but no sub-district shall contain APPOINTMENT BY CLERK. Skc. 3919 The township clerk should wait ten days, at the end of which time he should appoint, unless notice of a special election has been given. Five day'n notice. — See Note 1, section 3909. Sec. 3920. The adjourned meetings of a "regular" session are "regular meetings." OHIO SCHOOL LAWS. 23 Township and Special Districts. Ch. 4. less than sixty resident scholars by enumeration, except in cases where, in the opinion of the board, it is necessary to reduce the number; and any sub-district which maybe established by act of the general assembly shall be governed by the provisions of this title, except that it cannot be changed or consolidated by the board within three years after its formation, unless the written consent of two-thirds of the electors residing in the territory affected by such change is obtained. [75 v. 120, § 32.] Sec 3922. When the board consolidates two or more ^}Xd£ tricts. sub-districts into a new sub-district, or establishes a new sub-district in any other way, it shall call a special meeting of the qualified electors resident in the new sub-district, for the purpose of electing directors for the same ; at least five days before the time fixed for the meeting the board shall post, in three of the most public places in the new sub- district, written or printed notices, stating time, place, and SIZE OF SUB-DISTRICTS. Sec. 3921. When a sub-district contains less than sixty enumerated youth, and, in the opinion of the board, it is not necessary that the num- ber should be so small, it is the duty of the board to enlarge or abolish such sub-district. But when, by reason of swamps, streams of water, a want of passable roads, or sparsenes* of population, it is impossible to form sub-districts that sh ill contain at least sixty scholars without prac- tically depriving some youth of school advantages, boards of education are at liberty, and it is their duty, to form smaller sub-districts. School funds are raised for the purpose of "affording the advantages of a free education to all the youth of the State" and every inhabitant has a right to demand the establishment of a school within such a distance of his resi- dence, and with such facilities for reaching it, as will enable his children to attend. The term "sub-district," as used in section 1 of the supplementary act of April 9, 1867 (64 v. 117), does not include the sub-ordinate territorial divisions of separate school districts into which a city or village may be sub-divided, but applies exclusively to township or county sub-districts. Andus v. Sparger, 19 O. S., 577. The attaching of a territory composing a sub-district to adjacent sub- districts by a township board of education, under section 32 of the act of May 1, 1873 (70 v. 203y, is not a consolidation of two or more sub-dis- tricts into a new sub-district, within the meaning of said section, but is a change or alteration of the boundaries of the sub-districts; and the offices of local directors in the sub-districts to which such territory is attached are not thereby vacated. State v. Gihbs, 25 O. S., 256, 24 OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. object of holding the meeting; the election shall be conducted as provided in this chapter, and three directors shall be elected, one to serve for one year, one for two years, and one for three 3 r ears from the annual meeting next preceding the organization of the new sub-district; and the terms of office of the directors of sub-districts so consolidated shall expire at the time such new sub-district is created. [75 v. 120, § 32.] Board of special district — how constituted, and how in- creased. Election of members. SPECIAL DISTRICTS. Sec 3923. The board of education of each special dis- trict shall consist of three members, who shall be residents of the district, and have the qualifications of an elector therein; and when the electors of any special district, the board of education of which consists of three members, de- sire that the board shall consist of six members, they may make such change in the same manner as provided for city districts of the second class and village districts, in section thirty-nine hundred and eleven. [70 v. 195, § 22.] Sec 3924- There shall be elected annually, by ballot, on the second Monday of April, in each special district, by the qualified electors thereof, at the u^ual time and place of holding school elections in such district, one judicious and competent person to serve as member of the board for three years from the first Monday succeeding his election, and until the election and qualification of his successor; but in special districts hereafter established, the first election for members of the board shall be held within twenty days after such establishment, at least five days previous notice of which, stating the time and place of meeting, and signed by at least three electors of the district, shall be posted in three of the most conspicuous places in the district; at such meeting a chairman and clerk shall be chosen, and there OHIO SCHOOL LAWS. 25 Township and Special Districts. Ch. 4. shall be elected three members of the board, one to serve until the third Monday of April next succeeding his elec- tion, and one to serve for one year and one for two years from said third Monday, and each to serve until the election and qualification of his successor. [71 v. 57, § 23 ; 75 v. 120, § 19.] Sec 3925. The clerk of the district shall post written Notice and conduct of or printed notices, in three or more conspicuous places in electlon - the district, at least six days prior to the day of election, designating the day and the hour of opening and closing the election; and the election shall proceed, and a return thereof be made, in the manner provided for elections in village dis- tricts, and shall continue at least two hours. [71 v. 57, § 24.] Sec 3926- When the electors of a special district de- How8pecial . district aban- sire to abandon their organization, and become a part of the doned. township district of the township in which such special district is located, they may make the change in the follow- ing manner: Written or printed notices shall be posted in at least five of the most public places in the district, signed by a majority of the members of the board of education, or one of the board and at least six resident electors of the district, requesting the qualified electors thereof to assemble on a day, and at an hour and a place, designated in the notices, which notices shall be posted at least ten days prior to the day designated in them, then and there to vote for or against such change ; the electors, when assembled at the time and place designated in the notices, shall appoint a chairman and two clerks, who shall be judges of the election, which shall continue at least two hours ; those in favor of the pro- posed change shall have written or printed on their ballots 26 OHIO SCHOOL LA.WS. Ch 4- Township and Special Districts. the words " School— change," and those opposed thereto the words " School— no change," and a majority of the ballots cast shall determine the question whether the change shall be made; the judges shall, within five days after the elec- tion, make due return thereof to the board of education of the district ; and if a majority of the votes cast are in favor of the change, the board shall immediately certify that fact to the township board, which shall thereupon assume juris- diction of the territory, property, and affairs of the special district, and thereafter treat such district as a sub-district of the township district. [72 v. 27, § 25.] & b tobetablish the joint sub-district, or determine not to establish it, three or more electors of the territory sought to be included therein may file a petition tnerefor with the probate judge of the county; and if the territory sought to be included therein is situate in two or more counties, the petition may oe tiled with the probate judge of either county. [75 v. 120, § 4.] Sec. 3935. Tne petitioners shall also tile with the pro- Securit for bate judge the undertaking of one or more of their number, given, with security to the satisfaction of the judge, in the sum of Sec. 3934. There is no right of petitioning tLe probate judge unless the board of education has tailed to establish, or decided not to establish, the sub- district sought for. 30 OHIO SCHOOL LAWS. Ch. 5. Joint Sub-Districts. Time and place of meeting oi commissioners. Publication of notice. Commissioners to be appointed. Oath and duties of commission- ers. one hundred dollars, conditioned that the petitioners will pay all the costs of a proceeding if a joint sub-district be not established thereby. [75 v. 120, § 5.] Sec 3936. Upon the filing of such petition and under- taking, the judge shall fix a time, not more than sixty days thereafter, and a place, which shall be the school-house upon the territory, if there is one thereon, and if there is more than one school-house thereon, then the house last built, and if there is no school-house thereon, then some convenient place within the territory, for the meeting of the commis- sioners hereinafter directed to be appointed. [75 v. 120, § 6.] Sec 3937- The judge shall thereupon cause to be pub- lished, for four consecutive weeks, in two newspapers of opposite politics, printed and of general circulation in the county where the petition is filed, notice of the filing of such petition, and of the time and place of meeting of the com- missioners. [75 v. 120, § 7.] Sec 3938. The judge shall also make an order appoint- ing three judicious, disinterested men of the county, and not residents of either of the townships to be affected, to be commissioners, and to act in the premises; if a person so appointed die, or fail from any cause to be present and to act, or if he give notice of his inability to serve, the judge shall forthwith, by order, appoint another in his stead, who may act as if he had been originally appointed ; and the judge shall deliver a copy of the petition and his order to the commissioners, and shall instruct them in the law ap- plicable to such proceedings. [75 v. 120, § 8.] Sec 3939. The commissioners shall take an oath to discharge faithfully the duties required by this chapter, ac- cording to the best of their knowledge and understanding, OHIO SCHOOL LAWS. 31 Joint Sub-Districts. Ch. 5. and shall meet at the time and place named in the published notice, may examine witnesses under oath, which may be administered by one of their own number, and consider and determine the question whether a joint sub district ought to be established. [75 v. 120, § 9.] Sec 3940. The clerks of the several boards of education Certs to have present plats interested shall be present at the meeting of the commis- sioners, and have with them the plats of the several town- ships, with the lines of the several sub districts marked thereon, and such other papers and documents as will serve to inform the commissioners, and give them a correct idea of the wants of the petitioners. [75 v. 120, § 10] Sec 3941. The commissioners shall report, in writing, Thereportof the commission- to the probate judge — er8 ' 1. Whether or not a joint sub district ought to be estab- lished, and their reasons therefor. 2. If they find in favor of the establishment of a joint sub-district, they shall give the lines and a plat thereof; they may also change the lines of the sub-district proposed in the petition, by including therein other territory, or ex- cluding territory included therein, or both; and if there is no suitable school-house within such boundaries, or, if there is one, but it is not suitably located, they shall designate a site whereon to erect such building. [75 v. 120, § 11.] Sec 3942. The report of the commissioners, if against The effect of the report. the establishment of a joint sub-district, shall be a bar to any proceeding to establish a joint sub-district out of any of the territory described in the petition for three years ; and if the report be in favor of the establish .went of a joint sub- district, it shall be final, unless set aside by the probate court for fraud. [75 v. 120, § 12.] 32 OHIO SCHOOL LAWS. Ch. 5. Joiut Sub-Districts. Judgment for costs; what tees allowed. Report and judgment tor sub-district. How coat 8 paid in such case. Petition tor such purposes. Sec. 3943. If the report be against the establishment of a joint sub-district, the judge shall render judgment against the petitioners for all the costs of the proceeding; and the commissioners and the judge shall receive the same fees as are authorized to be charged for like services in proceedings to establish roads, and such other fees as are authorized by- law. [75 v. 120, § 13.] Sec 3944. If the report be in favor of the establish- ment ol a joint sub-district, the judge shall make an entry- confirming the same; and a certified copy of the report, including the plat and his order, shall be delivered to the clerk of the board of education of each township interested therein, and thereafter such joint sub-district shall be fully established, and it shall be governed and controlled in the same manner as joint sub-districts otherwise established. [75 v. 120, § 14.] Sec 3945. In such case the judge shall tax the costs of the proceedings to the board of education of the several townships interested, in such proportion as he may deem just and equitable, and certify the same to the clerks of such boards ; and the boards shall be liable therefor, and at the first regular or special meeting of each thereafter payment of the amount so taxed to it shall be ordered. [75 v. 120, § 15-] Sec 3946. A petition may, in like manner, be filed with the clerk of the board of education of any township, praying for the creation of an additional sub-district, or for changing the lines of sub-districts, or for the creation of a Secs. 3946 and 3948. These sections do not seem to authorize the changing of boundary lines of city districts, by either the boards of edu- cation or the commissioners appointed by the probate judge. But bee section 3393. OHIO SCHOOL LAWS. 33 Joint Sub-Districts. Ch. 5. special school district, or for changing the lines of special or village districts, and adjoining sub-districts ; but when a special or village district is interested in such proposed change, the petition may be filed either with the clerk of the township board, or the clerk of the board of education of such special or village district ; and when any such lines have been so changed, they shall not be altered by any board or boards of education until after the expiration of three years, except upon the written consent of two-thirds of the electors residing within the territory affected by the change. [75 v. 120, § 16.] Sec. 3947- Such petition may be filed with the clerk Proceedings thereon. of the board of education of such special or village district, with the clerk of the board of education of the township, or, if the changes sought by the petition affect territory in more than one township, with the clerk of the board of education of either township ; and, upon the filing thereof, the mem- bers of the board or boards interested shall be notified, as provided in section thirty-nine hundred and thirty-three. [75 v. 120, § 17.] Sec 3948. It shall be the duty of such board or boards when such pe- tition may be to meet and consider the petition within thirty days from {^ ^ee pro " the time the same is filed ; but on failure to do so within sixty days from such time, or, if the board or boards meet, and fail to grant the prayer of the petitioners, a petition may be filed with the probate judge of the county, as provided in section thirty-nine hundred and thirty-four, and thereafter such proceedings may be had thereon, and they shall have the same effect, as is herein provided for the forma- tion of joint sub-districts. [75 v. 120, § 18.] 3 34 OHIO SCHOOL LAWS. Ch. 6. School Funds. Election, du- tc, of directors. Powei to change joint sub-districts limited. Sec. 3949. Directors of joint sub-districts shall be elected at the same time, in the same manner, and for the same term, as directors of other sub-districts, and shall or- ganize at the same time, and in the same manner, have the same powers, perform like duties, and be subject to the same penalties; but in such sub-districts hereafter established, the first election shall be held within twenty days after such =.-a£=^r-— _j *>ma establishment, at least five days' previous notice of which, stating the time and place of meeting, and signed by at least three electors of the sub-district, shall be posted in three of the most public places in the sub-district ; and at such meet- ing a chairman and clerk shall be chosen, and there shall*be elected three directors, one to serve until the third Monday of April next succeeding his election, and one to serve for one year and one for two years from said third ~Mon- day, and until the election and qualification of their success- ors. [70 v. 195, § 34; 75 v. 120, § 19.] Sec 3950. No joint sub-district which is now organ- ized, or may hereafter be organized, shall be dissolved, changed, or altered, unless by the concurrent action of the boards of education of the several townships having territory included therein. [72 v. 63, § 36.] CHAPTER 6. SCHOOL FUNDS. Section 3951. The " state common school fund." 3952. Interest upon proceeds of salt and swamp lands. 3953. The "common school fond." 3954. Accounts of common school fund — how kept, etc. 3955. Bequests, etc., in trust for common school fund. Si i UOX 3956. Apportionment of school funds by auditor of state. 3957. To what county common school fund paid when county line divides original surveyed town- ship, 3958. Estimate and levy for contingent fund. OHIO SCHOOL LAWS. 35 School Funds. Ch. 6 ScnoOL funds — Continued. Section 3959. Limitation as to levy for contin- gent fund. 3960. Estimate to be certified to connty auditor. 3961. Contingent fund for joint sub-dis- trict. 3962. Same when county line divides such sub-district. 3963. Funds of district composed of terri- tory in more than one county. 3964. Apportionment of school funds by county auditor. 3965. Distribution of money after appor- tionment. Section 3966. Apportionment of common school fund by county auditor when county line divides original sur- veyed township. Apportionment of contingent iund by boards of education. How contingent fund to be applied in Toledo. 3969. Connty commissioners to levy con- tingent fund when board neg- lects. County auditor to collect fines, etc., and inspect section sixteen ac- counts. 3967. 3968. 3970. Section 3951. For the purpose of affording the advan- The"statecom. mon school tages of a free education to all the youth of the state, there fund '" shall be levied, annually, a tax upon the grand list of tax- able property of the state, which shall be collected in the same manner as other state taxes are collected, and the pro- ceeds of which shall constitute the "state common school fund;" the rate of such levy shall be designated by the gen- eral assembly at least once in two years ; and if the general assembly fail to designate the rate for any year, the same shall be one mill upon each dollar of valuation of such tax- able property. [70 v. 195, § 126.] Sec. 3952. The state shall pay interest annually, at the J^eeds o?Tait . and swamp rate of six per cent, per annum, upon all money which has ^nds. been paid into the state treasury on account of sales of lands commonly called " salt lands," and upon all money hereto- fore paid, or which may hereafter be paid into the state treasury on account of sales of swamp lands granted to the state of Ohio by act of congress; the money received from such sales shall constitute an irreducible debt of the state; and the interest shall be apportioned annually on the same basis as the state common school fund is apportioned, and 36 OHIO SCHOOL LAWS. Ch. 6. School Funds. The "common school fnnd.'' Accounts of common school fond — how kept, etc. Bequests, etc.,' in trust for com- mon school fnnd. distributed to the several counties as provided in section thirty-nine hundred and fifty-six. [70 v. 195, § 132; 49 v. 40, 81.] Sec. 3953. The money which has been and may here- after be paid into the state treasury on account of sales of lands granted by congress for the support of public schools in any original surveyed township, or other district of coun- try, shall constitute the "common school fund," of which the auditor of state shall be superintendent, and the income of which shall be applied exclusively to the support of com- mon schools, in the manner designated in this chapter. [70 v. 195, §§ 127, 128.] Sec. 3954. The common school fund shall constitute an irreducible debt of the state, on which the state shall pay in- terest annually, at the rate of six per cent, per annum, to be computed for the calendar year, and the first computation on any payment of principal hereafter made to be from the time of payment to and including the thirty-first day of De- cember next succeeding ; and the auditor of state shall keep an account of the fund, and of the interest which accrues thereon, in a book or books to be provided for the purpose, with each original surveyed township and other district of country to which any part of the fund belongs, crediting each with its share of the fund, and showing the amount of interest thereon which accrues and the amount which is dis- bursed annually to each. [70 v. 195, §§ 128, 129.] Sec 3955. When any grant or devise of land, or any donation or bequest of money or other personal property, is made to the state of Ohio, or to any person, or otherwise, in trust for the common school fund, the same shall become vested in said fund; and when the money arising therefrom OHIO SCHOOL LAWS. 37 School Funds. Ch. 6. is paid into the state treasury, proper accounts thereof shall be kept by the auditor of state, and the interest accruing therefrom shall be applied according to the intent of the grantor, donor, or devisor. [70 v. 195, § 131.] Sec. 3956. The auditor of state shall apportion the £Th™uS by auditor of state common school fund to the several counties of the state state, semi-annually, upon the basis of the enumeration of youth therein, as shown by the latest abstract of enumeration transmitted to him by the state commissioner of common schools ; before making his February settlement with county treasurers, he shall apportion such amount thereof as he shall estimate to have been collected up to that time, and, in the settlement sheet which he transmits to the auditor of each county, shall certify the mount payable to the treasurer of his county; before m; I ing his final settlement with county treasurers each year, h shall apportion the re- mainder of the whole fund collect- d, as nearly as the same can be ascertained, and in the Augus t settlement sheet which he transmits to the Auditor of each county, shall certify the amount payable to the treasurer of his county ; in each Feb- ruary settlement sheet he shall also enter the amount of money payable to the county treasurer on the apportion- ment of interest specified in section thirty-nine hundred and fifty-two ; he shall also enter, in each February settlement sheet the amount of money payable to the county treasurer on account of interest for the preceding year on the common school fund, and designate the source or sources from which the interest accrued; he shall transmit with each February settlement sheet a certified statement, showing the amount of interest derived from the common school fund payable to each original surveyed township or other district of county 38 OHIO SCHOOL LAWS. Ch. 6. School Funds. To what county common school fund paid -when county line di- vides original surveyed town- ship. within the county ; and the treasurer of each county shall, at each semi-annual settlement with the auditor of state, retain in the county treasury, from the state taxes collected by him, the amount of the funds herein mentioned shown by the settlement sheet of the auditor of state to be payable to him at that time; but if such amount for any county ex- ceeds the amount of state taxes collected therein, the auditor of state shall draw an order on the treasurer of state, in favor of the treasurer of such county, for the balance of school funds due his county, and transmit the same to such county treasurer, and the treasurer of state shall pay such order upon its presentation to him. [70 v. 195, §§ 120, 130.] Sec 3957- If parts of an original surveyed township or fractional township are situate in two or more counties, the amount of interest on common school fund due to such township shall be paid in the manner provided in the last section, to the treasurer of the county wherein the greatest relative portion of such township is situate; but if it be un- APPORTIONMENT OF SCHOOL FUNDS. Sec. 3956. The common school fund arising from the State tax, and rents or sale of school lands, are apportioned among the school districts of the State, on the hasis of the enumeration of youth of school age. Hence it is essential that this enumeration should be taken accurately. By section 4038 any district failing to take and return its enumeration forfeits its share of such funds. By section 4037 the county auditor is authorized to employ a proper person to take the enumeration in any district whenever the same is not taken as required by law, and section 4038 makes the clerk liable for all damage or loss accruing to any school district by his neglect to cause such enumeration to be taken and returned to the county auditor. The Auditor of State apportions these funds to the several counties, and certifies the same to the county auditors, and they apportion them to the school districts in the county, giving the clerks and treasurers of school districts a copy of such apportionment, and giving orders on the county treasurer for the amounts so apportioned, and taking their receipt therefor. All tines, etc., collected and paid into the county treasury should be disbursed to the proper school districts in the same manner. By Revised Statutes of Ohio, Title 1, Chapter 13, Section 358, the State Commissioner is required to exercise such supervision over the educa- tional funds of the State as may be necessary to secure their safety and right application and distribution according to law. OHIO SCHOOL LAWS. 39 School Funds. Ch. 6. certain in which county such portion is situate, the amount of interest due to such township shall be paid to the treas- urer of the oldest county in which any part of the township is situate. [70 v. 195, § 130.] Sec. 3958. Each board of education shall, annually, at Estimate and levy for contin- a regular or special meeting to be held between the third gent fund. Monday in April and the first Monday in June, determine by estimate, as nearly as practicable, the entire amount of money necessary to be levied as a contingent fund, for the continuance of the school or schools of the district after the state funds are exhausted, 'to purchase sites for school-houses, "to^evectTpnY chase, lease, Repair, and furnish school-houses, and build additions thereto, and for other school expenses. [75 v. 526, §56; 75 v. 101, § 4] Sec. 3959. Such estimate and levy shall not exceed in gajteUan^ the city of Cincinnati three and one-fourth mills, but ihe board of education in said city may levy one mill additional for every five 'thousand pupils over and above twenty- five thousand enrolled in the public schools of said city, which levy, however, shall in no case exceed five mills; in the city of Cleveland, four and one-half mills, and in all other dis- tricts seven mills on each dollar of valuation of taxable property. [61 v. 63, § 2 ; 63 v. 15. § 1 ; 75 v. 101, § 4 ; 75 v. 526, § 56.J Sec 3960. The amount so estimated the board shall f e s r ^| e to obe certify^'in \v riting, on or before the first Monday in June in elich'^elirTlio'ThTa^itor of the county to which the district county auditor. SCHOOL FUNDS. Sec. 3958. Contingent funds and State funds constitute all the funds under control of a board of education. State funds must be devoted to the payment of teachers, as the local tax is for the entire amount necessary to be levied as a contingent fund. 40 OHIO SCHOOL LAWS. Ch. 6. School Funds. belongs, who shall assess the entire amount upon all the taxable property of the district, and enter it upon the tax list of the county, and the county treasurer shall collect the same, at the same time and in the same manner as state and county taxes are collected, and pay it to the treasurer of the district, upon the warrant of the county auditor; and unless he is paid a fixed salary, he shall receive one per centum on all money so collected, and no more. [70 v. 195, §§ 57, 58.] snb- district. Contingent Sec. 3961. For a joint sub-district, the estimate re- fund for joint quired by section eight shall be made by the board of edu- cation having control of the school thereof, and apportioned to the several townships having territory therein in propor- tion to the enumeration of youth in the territory belonging to each; the board shall certify such estimate, so apportioned, to the county auditor, who shall add the portion for each township to the estimate for a contingent fund certified to him by its board of education, and place it on the tax list therewith for collection as part of the township estimate ; when the county auditor apportions the school funds he shall transfer to the township having control of the school, from the other townships, the amount so assessed and col- lected, and certify to the clerk and treasurer of each town- ship the amount due the joint sub district, including state tax, interest on the common school fund, contingent fund, and money received from other sources, which amount shall be paid to the treasurer of the board having control of the BUILDING FUNDS. Skc. '.VJ(')0. The board must also certify any additional amount for building or other purposes which may have been voted at a special meet- ing ot electors, and so required to be certified in Sec. 3992. The board must certify the amount of money, not rates of levy. OHIO SCHOOL LAWS. 41 School Funds. Ch. 6. school; and such board shall cause to be kept such. accounts as will show the funds received from each township, and the disposition thereof, and transmit 'to the other board or boards interested, at the end of the school year, a statement of such receipts and expenditures. [75 v. 84, § 35. J Sec 3962. When a joint sub-district is composed of samowhen county line fractions of two or more counties, such estimate shall be ap- divides such r sub-district. portioned to townships, as provided in the preceding section, and the amount apportioned to the township or townships belonging to each county shall be certified by the board to the auditor thereof, whose duties in the premises shall be the same as prescibed for the auditor in the preceding sec- tion, so far as the provisions thereof are applicable; and the board shall keep accounts, and report receipts and expendi- tures, as provided in said section. [72 v. 63, § 36.] Sec. 3963. The funds belonging to a district composed Fai 3 dsofdi8 . of territory in more than one county shall be paid bv the than one county. treasurer of the other counties to the treasurer of the county in which the school-house of the district is situate ; the auditors of the other counties shall make settlement on account of such funds with the auditor of the county in which such school-house is situate ; and the treasurer of the district shall make the settlement required by section thirty- nine hundred and sixty-six with such auditor. Sec 3964- Each county auditor shall, annually, imme- Apportion- ment of school diateiy after his annual settlement with the county treas- foods by county urer, apportion the school funds for his county ; the state common school fund shall be ajDportioned, in proportion to the enumeration of youth, to districts, sub-districts, and joint sub-districts, and fractions of districts and joint sub- districts, within the county; but if an enumeration of the 42 OHIO SCHOOL LAWS. Cb. 6. School Funds. youth of any district, for any year, has not been taken and returned, such district shall not be entitled to receive any portion of said fund; the contingent funds collected from the several districts shall be paid to the districts to which they respectively belong ; money received from the state on account of interest on the common school fund shall be ap- portioned to the school districts and parts of school districts within the territory designated by the auditor of state, as entitled thereto, in proportion to the enumeration of youth therein ; and all other money in the county treasury for the support of common schools, and not otherwise appropriated by law, including one-half the amount received for show licenses, shall be apportioned annually in the same manner as the state common school fund. [70 v. 195, § 120 ; S. & C. 64, § 2 ; S. & C. 1406, § 3.] Distribution of Sec. 3965- The auditor shall, immediately after such money after apportionment, apportionment is made, enter the same in a book to be kept for that purpose, and furnish a certified copy of the appor- tionment to each school treasurer and clerk in his county; and he shall give to each of such treasurers an order on the county treasurer for the amount of money payable to him, and take his receipt therefor. [70 v. 195,. § 120.] Sec. 3966. When an original surveyed township or Api>ortioriment c of common p ,. , , , . . .. , . . .. t school fund by fractional township is situate in two or more counties, and county auditor Hne divided ^ ne l an d granted thereto by congress for the support of pub- vejedtown- lie schools has been sold, the auditor of the county to whose ship. treasurer the interest on the proceeds of such sale is paid shall apportion such interest to the counties in which such township is situate, in proportion to the youth of the town- ship enumerated in each ; such auditor shall certify to the auditor of each of the other counties the amount so ascer- OHIO SCHOOL LAWS. 43 School Funds. Ch. 6. tained to belong to the part of the township situate in his county, and transmit to the treasurer of each of such coun- ties an order on the treasurer of his own county for such amount; and the auditor of each county shall apportion the amount of such interest belonging to the part of the town- ship in his county, to the districts or parts of districts en- titled thereto, in proportion to the enumeration of youth therein, and certify and pay the same to the proper school officers, as provided in the preceding section. [70 v. 195, §§ 121,122; 72 v. 63, § 36.] Sec. 3967- So much of the contingent fund as may be Apportionment ° •'of contingent set apart by a township board for the continuance of schools of n education. s after the state funds are exhausted, shall be so apportioned by the board that the schools in all the sub-districts of the township shall be continued the same length of time each year; and if the apportionment be not satisfactory to the directors of any sub-district, or a majority of them, they may DISBURSEMENT OP CONTINGENT FUND. Sec. 3967. The custom which has prevailed in some township districts of dividing the contingent fund and placing it in the hands of directors, is not legal. All school funds should be retained in the custody of the township treasurer until drawn out for the payment ot expenses legally incurred. It is advisable for each board to require directors to report for payment all contracts made under the provisions of this section to the board at their next meeting after the making of such contracts. Inasmuch as the larger sub-districts receive more of the State funds than the smaller sub-districts, the latter ought to receive proportionally more of the township tuition fnnd than the former. If, however, the larger sub-districts contain two or more schools, or actually require more tuition money than the smaller to sustain their schools an equal length of time, they are entitled to more. The larger sub-districts, may, in some instances, be obliged to pay higher wages than the smaller. The intention of the law is to require boards of education to provide the necessary funds, all the circumstances being duly considered, for continuing the schools of the several sub-dis- tricts an equal length of time. In case the township tuition fund is distributed by the board illegally, complaint should be made to the county commissioners under this sec- tion. Building Committees. — In township districts, directors are the legal building committees, but they can take the necessary steps for building or repairing only under the instruction and by the authority of the board of education. 44 OHIO SCHOOL LAWS. Ch. 6. School Funds. How contingent fund to be ap plied in Toledo. Conntycommis- sioners to levy contingent fund when ' board neglects. give notice thereof, in writing, to the county commissioners, who, at their first regular meeting for the transaction of business after the receipt of such notice, shall revise the ap- portionment, and the amount aforesaid shall be apportioned in the manner determined by the commissioners. [70 v. 195, § 60.] Sec. 3968. In the city of Toledo, at each annual settle- ment of the treasurer of the board of education with the county auditor, there shall be placed to the credit of a sink- ing fund so much of the proceeds of the levy for contingent fund as would be produced by a levy of two mills, and the treasurer shall apply the same in payment of school bonds, and interest thereon, and to no other purpose. [75 v. 526, §56.] Sec 3969. If the board of education of any district fail in any year to estimate and certify the levy for a con- tingent fund, as required by this chapter or to provide suffi- cient school privilege for all the youth of school age in the district, or to provide for the continuance of any school in the district for at least six months in the year, or to provide for each school an equitable share of school advantages as re- quired by this title, or to provide suitable school-houses for all the schools under its control, the commissioners of the county to which such district belongs, upon being advised and satisfied thereof, shall do and perform any or all of said duties and acts, in as full a manner as the board of education is by this title authorized to do and perform the same ; and the members of a board who cause such failure shall be each severally liable, in a penalty not exceeding fifty nor less than Sec. 3969. By this section the county commissioners are authorized to do whatever the board of education has not done, in order to furnish op- portunities for six months' tuition to all the school youth of the district. OHIO SCHOOL LAWS. 45 Provisions applying to all Boards. Ch. 7. twenty-five dollars, to be recovered in a civil action in the name of the state, upon complaint of any elector of the dis- trict, which sum shall be collected by the prosecuting attor- ney of the county, and when collected shall be paid into the treasury of the county, for the benefit of the school or schools of the district. [72 v. 59, § 59.] Sec. 3970. The auditor of each countv shall collect, or county auditor to collect fines, cause to be collected, all fines and other money for the sup- section^xteen* accounts. port of common schools in his county, and pay the same to the county treasurer ; he shall inspect all accounts of inter- est accruing on account of section sixteen or other school lands, whether the same is payable by the state or by the debtors ; and he shall take all proper measures to secure to each school district in his county the full amount of school funds to which it is entitled. [70 v. 195, § 120.] CHAPTER 7. PROVISIONS APPLYING TO ALL BOARDS. Section 3971. Powers of boards of education. 3972. What property the boards have title to. 3973. School property exempt from tax- ation. 3974. Conveyances and contracts. 3975. Boards may accept bequests. 3976. Process against boards, and how served. 3977. Duties of prosecuting attorney and city solicitor. 3978. Tie votes to be decided by lot. Section 3979. Oath of members and other officers- 3980. Organization of board. 3981. Vacancies in board, and how filled. 3982. Quorum; yeas and nays to be taken in certain cases. 3983. Absence of president or clerk. 3984. Record of proceedings, and attesta- tion thereof. 3985. Boards to make rules ; illegal meet- ings. 3986. Board may make and enforce rules for vaccination. Section 3971. The boards of education of all school Powers of boards of edu- districts now organized and established, and of all school dis- cation, tricts organized under the provisions of this title, shall be 46 OHIO SCHOOL LAWS. Ch. 7. Provisions applying to all Boards. and they are hereby declared to be bodies politic and corpo- rate, and as such capable of suing and being sued, contract- ing and being contracted with, acquiring, holding, possess- ing, and disposing of property, both real and personal, and taking and holding in trust, for the use and benefit of such districts, any grant or devise of land, and any donation or bequest of money or other personal property, and of exer- cising such other powers, and having such other privileges, as are conferred by this title ; but when a board of education decides to dispose of any property, real or personal, held by it in its corporate capacity, exceeding in value three hun- dred dollars, it shall sell the same at public auction, after giving at least thirty days' notice thereof, by publication in some newspaper of general circulation, or by posting notices in five of the most public places in the district to which such property belongs. [70 v. 195, § 37.] what property Sec. 3972. All property, real or personal, which has the boards have title to. heretofore vested in and is now held by any board of educa- tion, or the council of any municipal corporation, for the use of public or common schools in any district, is hereby vested in the board of education provided for in this title, having under this title jurisdiction and control of the schools in such district. [70 v. 195, § 39.] Sec. 3971. A board of education is not liable in its corporate capa- city, for damages for an injury resulting to a pupil while attending a common school, from its negligence in the discharge of its official duty in the erection and maintenance of a common school building under its charge, in the absence of a statute creating a liability. Finch v. Board of Education, 30 O. 8., 37. Sec. 3972. Under the act of May 1, 1873 (70 v. 195), the corporate boards of education therein provided for succeed to all existing rights of action in relation to the common school property and funds which were theretofore vested, by previous legislation, in other agencies to whose control such property and funds had been confided. Crojton v. Board of Education, 26 O. S., 571. OHIO SCHOOL LAWS. 47 Provisions applying to all Boards. Ch. 7. Sec. 3973. All property, real or personal, vested in any exem 0l t P fr°om rty \a x t\.\ i on board of education, shall be exempt from tax, and from sale on execution, or other writ or order in the nature of an exe- cution. [70 v. 195, § 72.] Sec. 3974. All conveyances made by a board of educa- Conveyances J J and contracts. tion shall be executed by the president and clerk thereof; no member of a board shall have any pecuniary interest, either direct or indirect, in any contract of the board, or be employed in any manner for compensation by the board of which he is a member, except as clerk or treasurer ; and no contract shall be binding upon any board unless it be made or authorized to be made at a regular or special meeting of the board. [70 v. 195, §§ 31, 38.] Sec. 3975. All boards of education may, by the adop- Boards may ac- cept bequests. tion of a resolution, accept any bequest made to them by will, upon the conditions and stipulations contained in the will, and for the purpose of enabling such boards to carry out the conditions and limitations upon which the bequest PROTECTION OF SCHOOL PROPERTY AND SCHOOLS. Sec. 11. Whoever willfully interrupts or disturbs any assembly of persons met for a lawful purpose, or any person while he is at or about the place where such assembly is to be held, or is or has been held, shall be fined not more than fifty dollars, or imprisoned not more than ten days, or both. [73 v. 224, § 1 ; 61 v. 98, § 1, S. & S., 288; 70 v. 216, § 74.] Penal Code, Chap. 5, Sec. 11. Sec. 39. Whoever maliciously injures or defaces any church edifice, school-house, dwelling-house, or other building, its fixtures, books or ap- purtenances, or commits auy nuisance therein, or purposely and mali- ciously commits any trespass upon the inclosed grounds attached thereto, or any fixtures placed thereon, or any inclosure or sidewalk about the same, shall be fined in any sum not more than one hundred dollars. [63 v. 175, § 1, S. & S., 280, § 51; 70 v. 216, § 73.] Penal Code, Chap. 4, Sec. 39. Sec. 3974. This section forbids financial dealing between the board and any of its members, except the payment for services of clerk and treasurer. Neither a member of the board nor a director can be employed as teacher in his own district or sub-district. Section 42 of the Peual Code recites that, "A member of a board of education organized under any law of this state, who accepts or receives any compensation for his services as such member, except as clerk or treasurer of said board, shall be deemed guilty of embezzlement of the amount so received, and punished accordingly." 48 OHIO SCHOOL LAWS. Ch. 7. Provisions applying to all Boards. Process against boards, and how served. Duties of prose- cuting attor- ney and city solicitor. Tie votes to be decided by lot. is made, they are authorized to make all rules and regula- tions that may be required to fully carry into effect the pro- visions of the will in relation to the bequest. [73 v. 205, § 2.] Sec. 3976. The process in all suits against a board of education shall be by summons, and shall be served by leav- ing a copy thereof with the clerk or president of the board. [70 v. 195, § 68.~] Sec 3977. The prosecuting attorney of the proper count3 r , or, in case of a city district, the city solicitor, shall prosecute all actions which by this title may be brought against any member or officer of a school board in his indi- vidual capacity, and shall act, in his official capacity, as the legal counsel of such boards or officers in all civil actions brought by or against them in their corporate or official capacity ; but no prosecuting attorney or city solicitor shall be a member of the board of education. [70 v. 195, § 69.] Sec 3978. In all cases of tie votes, at any election for members of a board of education, or of directors of a sub- district, the judges of election shall decide the election by lot ; and in other cases of failure to elect members of the board, or in case of a refusal to serve, the board shall ap- point. [70 v. 195, § 43.] Sec. 3976. In all suits against members of boards of education or di- rectors in their individual capacity, judgments and costs must be paid by the parties themselves, and not by the board of education out of the school funds. The appropriation of school money for such purposes would be a mis- appropriation of suc*h funds, and should be punished as provided in Chap- ter 4, Section 11, of the Criminal Code. TITLE TO OFFICE. Sec 3978. A quo-ivairanto is the proper writ to try the question ot title to an office. The director claiming his office by color of an election or appointment, is an officer de facto, and his acts in relation to the public, or third per- sons, are valid until he is removed. The same may be said of members of boards of education. School officers may be restrained from doing an illegal act by writ of INJUNCTION. Mandamus is the process for compelling the performance of official duty on the part of one who has sworn to make such performance. OHIO SCHOOL LAWS. 49 Provisions applying to all Boards. Ch. 7. Sec. 3979. Each person elected or appointed a member JJ^JJX officers. of a board of education, or elected or appointed to any other office under this title, shall, before entering upon the duties of his office, take an oath or affirmation to support the con- stitution of the United States and the constitution of the state of Ohio, and that ho will perform faithfuil}' the duties of his office ; which oath or affirmation may be administered by the clerk or any member of the board. [71 v. 15, § 42 ] Sec. 3980. Each board of education shall organize by Organization of ° J board. • choosing one of its members president, and, except township boards, by choosing also a clerk, who may or may not be a member of the board ; if, at the organization of a township board, the township clerk is absent, the board shall appoint one of its members clerk pro tempore ; and such organiza- tion shall be effected on the third Monday of April each year, except as otherwise provided in section thirty-nine hun- dred and fourteen. [70 v. 195, § 29; 70 v. 241, § 44.] Sec 3981. Vacanciesin any board of education, except of vacanciesin board, and a township district, arising from death, non-residence, resig- how fiUed ' nation, expulsion lor gross neglect of dutj% failure of a per- son elected or appointed to qualify within ten days after the annual organization or after his appointment, or from other cause, which occur more than fifteen days before the next annual election, the board shall fill without delay, until the next annual election, when a successor shall be elected to Sec. 3980. The mode of electing officers of the board is stated in sec- tion 3982. VACANCIES IN BOARDS OF EDUCATION. Sec. 3981. The leaving of a district temporarily by a member of aboard of education is not equivalent to a resignation ; nor has the board power to declare the place vacant in such case of temporary absence. Any resolution of a board declaring what shall constitute a forfeiture of membership has no validity, such power not being conferred upon boards of education. 50 OHIO SCHOOL LAWS. Ch. 7. Provisions applying to all Boards. fill the unexpired term; any vacancy which occurs in a township board, from any of the causes aforesaid, shall be filled by the election of a clerk by the directors of the proper sub district; and a clerk of a sub district who is guilty of gross neglect of duty shall cease to hold his office, and a new election shall be held by the directors to fill such office. [70 v. 195, § 43. ] Quorum: yeas Sec. 3982. A majority of the board of education shall and nays to be taiocases 361 constitute a quorum for the transaction of business; upon a motion to adopt a resolution authorizing the purchase or sale of property, either real or personal, or to employ a superintendent, teacher, janitor, or other employe, or to elect or appoint an officer, or to pay any debt or claim, or to adopt MODES OF VOTING 8ec. :?982. In other matters of business nor, herein specified, such roll- call is not required, unless demanded by a member of the board, and a majority of a quorum is sufficient to carry a measure. In the cases stated, if only a majority of the v ting members are presen* the vote must be unanimous. An agreement by members of a township board of education, acting in their individual capacity, to purchase from another person apparatus for the schools of the township, and to ratify each contract of purchase at the next meeting of the board, is contrary to public policy, and, there- fore, illegal and void, and not enforceable, either against the board or the members thereof as individual*. McCortle v. Bates, 29 O. S., 419. A board of education is a body corporate, and the contracting of a debt by the board, and the directing the. issuance of au order to pay it, are corporate acts which can not be performed by the individual members of the board separately ; and, therefoie, a contract which was sigued by the members of the board f-eparately, and delivered to the clerks, and which was afterward, at a subsequent meeting, repudiated by the board, was held not he binding upon either party. Stale v. Liberty Tp., 22 O S. 144. The order of the clerk on the treasurer is not negotiable, and the writ- ten acceptance of an order by a treasurer who has gone out of office im- poses no greater obligation on the treasurer to pay than if it had been presented without such indorsement, lb. Transaction of business. — All business of the board of education must be transacted at a meeting attended by a majority of the members. A writ- ten agreement to purchase maps, apparatus, etc., or to vote for such pur- chase at the next meeting, signed by a majority or all of the individual members of the board, but not at a meeting, has no legal validity as an act of the board of education, and the township clerk has no authority to draw an order upon the treasurer for the payment of any sum required to fulfill such illegal contract. Such a transaction is not an act of the board any more nearly than an agreement of the members of the general assembly at their homes to sup- port some proposed measure is a law of the state. Meetings of board. — The members of the board are bound to know the OHIO SCHOOL LAWS. 51 Provisions applying to all Boards. Ch. 7. any text -book, the clerk of the board shall call, publicly, the roll of all the members composing the board, and enter on the record required to be kept the names of those voting "aye," and the names of those voting "no;" if a majority of all the members of the board vote "aye," the president shall declare the motion carried; and upon any motion or resolu- tion any member of the board may demand the yeas and and nays, and thereupon the clerk shall call the roll, and record the names of those voting "aye" and those voting "no." [71 v. 15, § 42.] Sec 3983. If at any meeting of the board either the Absence of ,,., . , in president or president or clerk is absent, the members present shall clerk. choose one of their number to serve in his place pro tempore ; and if both are absent, both places shall be so filled; but on the appearance of either at the meeting, after his place has been so filled, he shall immediately assume the duties of his office. [70 v. 195, § 31.] Sec. 3984. The clerk of the board shall record the pro- Record of pro- ceedings and ceedings of each meeting, in a book to be provided by the attestation board for that purpose, which shall be a public record ; the record of proceedings at each meeting of the board shall be time and place of the two regular meetings provided for by law, without notice. No notice of an adjourned meeting is required to be given, except to members who were absent from the regular or prior meeting. But at a special meeting no act can be done unless all the members have had reasonable notice of the time (and of the place also, if it be an unusual one) of the meeting. The statute makes no exposition of what shall constitute a contract between a teacher and his employers, and the manner of employment is not settled by custom. Usually a resolution moving the employing of a certain superintendent or teacher, and receiving the votes of a majority of all the members of the board is regarded as a contract between the parties. This bare act would surely not so be interpreted by the courts. When based upon the application of the teacher, and followed by notice from the clerk acting under instructions, the salary attached to the position being a matter of common knowledge, or stated in both application and resolution, it would, without much doubt, be a contract. However, a written agreement signed by the proper parties is more def- inite and satisfactory. 52 HOOL LAWS. Ch. 7. to ;il I Boards. Board to i moot: Board of edu- oatlOD to mat? and enforce rules for vacci- nation. •, corrected if necessary, and ap- 11 be noted in the proceedings; I the president shall sign the record, the clerk s the same. [70 v. 195, §29; 71 v. § -12.] 3985. T rd of each district shall make such ru! is it may deem expedient and neces- its go. snt, and the government of its ap- pou and the pupils; and no meeting of a board of ed- ucation not provided for by its rules, or by law, shall be legal unless all the n is thereof have been notified as pro- vided for in secti6n thirty-nine hundred and twenty. [70 v. 195, §54.] Sec. 3986. The board of each district may make and en- rich rules and regulations to secure the vaccination of, event the spread of small-pox among, the pupils at- iding or eligible to attend the schools of the district, as in its opinion the safety and interest of the public require ; and the boards of health and councils of municipal corpora- tions, and the trustees of townships, shall, on application of the board of education of the district, provide at the public expense, without delay, the means of vaccination to such pupils as are not provided therewith by their parents or guardians. [69 v. 22, § 1.] OHIO SCHOOL LAWS. 53 School-houses and Lihraries. Ch. 8. CHAPTER 8. SCHOOL-HOUSES .WD LIBRAR1 SECT] ON 3987. Boards to provide school-houses. 3988. Directions for bidding aud for letting contracts. 3989. Erection of school-houses in joint sub-districts. 3990 When board may appropriate property. 3991. When and how question of tax levy submitted to vot< 3992. If levy approx id board to certify it to auditor. 3993. How the levy may be anticipated. 3994. Issue of bonds by boards of city districts of first class. 3995. Certain boards nay appropriate money for library, etc. 3996. Levy for library in cities. I IOH 3397. How library tax to be expended. 3993. Board may appoint librarian, etc. 3999. In certain cities may appoint man- ager* of library. 4000. Board of Cleveland to appoint li- brary committee. 4001. Powers and duties of such commit- tee. 4002. How library tax to be expended. 4003. Consolidation of libraries in Ports- mouth authorized. 4004. Board of Portsmouth to appoint li- brary committee. 4005. Powers and duties of such commit- tee. 4006. How such library maintained and managed. SCHOOL-HOUSES. Section 3987. The board of education of any district is empowered to build, enlarge, repair, and furnish the nee- Boards to pro vide school - essary school-houses, purchase or lease sites therefor, or rent hon8es - CUSTODY OF SCHOOL-HOUSES. Sec. 3987. School-houses, school-house sires, aud other school property do not belong to the sub -districts in which they are located, but are the property of the township; aud the township board of education, in their corporate capacity, have fall power, within 'he limitations of the law, to control the same in such manlier as they may thir.k will best subserve the interests of education. Directors have also a supervisory care of the school-house and other school property in their sub district, but their authority is subordinate to that of the township board, aud must always be exercised in obedience to their directions. Use of school houses. — It is the duty of the township board of education to exercise such supervision over the school-houses in the several sub- districts, as may be necessary to prevent their being used in such a man- ner and for such reposes as may interfere with the i r the legitimate and special purposes for which they were erected. But, when their use for school purposes is not interfered with, arid the furniture, apparatus, books, and other property belonging to the school or the pupils are not destroyed or injured, the board may permit their application to any ob- ject of social or moral improvement which the directors or the inhabitants may sanction and desire. Inhabitants of a school district have no right to use the school-house for religious meetings and Sunday-schools against the objection of any tax-payer of the district, even though the district may have voted to allow such use, and an injunction will be granted against such use, on the application of such tax- payer. [27 Conn., 499.] The Supreme Court of Massachusetts held, m case of George vs. School S4 OHIO SCHOOL LAWS. Ch. & School-houses and Libraries. suitable school rooms, and make all other necessary provis- ions for the schools under its control ; directors of sub-dis- tricts shall, under such rules and regulations as the township board of education may prescribe, provide fuel for schools, build, enlarge, repair, and furnish school-houses, purchase or base sites therefor, rent school-houses, and make all other provisions necessary for the convenience and prosperity of the schools within their sub-districts; and the township board shall be held responsible, in its corporate capacity, for all contracts made by such directors, when they are made District Mention (6 Metcalf, 510), as follows: "If, under color of this corporate power of a school district, the inhabitants should vote to erect au expensive and ornamental building, with a view to improve the neigh- borhood, to enhance the value of real estate, to accommodate societies, lecturers, dramatic exhibitions, or even to have a convenient place for religious meetings or public worship, or for any other use than that of a district town school, it would not be within the legitimate authority of a school district, and any vote to levy a tax on the inhabitants for such a purpose would be void." Where a township board has resolved to sell the old site of a sub- district school house, and has purchased a new site, and, notifying the local directors of the sub-district of their action in the premises, instructed them to sell the former, and to build a new school-house on the latter, and the local directors, disregarding such instructions, proceed to build a new school-house on the old site, and keep up a school therein — Held: That the local directors are guilty of such insubordination and neglect as to justify the township board in exercising the powers and duties which would otherwise devolve on the local directors, and in building a school- house on the new site, and employing a teacher therein ; and such teacher is entitled to be paid his wages out of the township treasury, on the order of the township board. [Slate vs. Lynch, 8 O. S., 348.] Under the act of March 14, 185:5 (51 v. 4 - 29), a township board of edu- cation has the power to designate the particular place where school- houses in sub-districts shall be built ; and the powers which, in this re- spect, the statute confers on the local directors of a sub-district, are to be exercised in subordination to the paramount authority of the township board of education. [ Hughes vs. Board of Education, 13 O. S. 336.] Liability of Directors for Illegal Contracts.— ;Un]ess authorized by resolu- tion of the township board of education, directors, in contracting for the building of a school-house, can not exceed the appropriation made for thai purpose without rendering themselves personally liable for sach excess. Hoards of education are not responsible for the illegal contracts of directors. If a hoard refuses to appropriate sufficient funds to build a good school-house, the directors may appeal to the county commissicners. Reporting of Contracts. — Directors can not reeeive any portion of the school funds for disbursement, but, on the contrary, thoy are required to re- port ail contracts for fuel, etc., to the township board for payment; and unless the township clerk is authorized by a rule of the board to diaw the requisite orders for amounts certified by directors to be due on con- tracts legally made by them, such contracts can only be paid after they have been duly reported to the board and approved. (See Sec. 4047.) OHIO SCHO L LAWS. 55 School-houses and Libraries. Ch. 8. in accordance with the rules and regulations of the township board, or any resolution thereof. [70 v. 195, § 55.] Sec. 3988. When a board of education determines to g^g^ 01 ^ 1 i -i t i • ,• • ■, tii ii for letting con- build, enlarge, repair, or furnish a school-house or school- tracts, houses, or make an}' improvement or repair provided for in this chapter, the cost of which will excee ', in city districts of the first and second class, fifteen hundred dollars, and in other districts five hundred dollars, except in cases of urgent necessity, or for the security and protection of school prop- erty, it shall proceed as follows : 1. The board shall advertise for bids, for the period of four weeks, in some newspaper of general circulation in the district, and two such newspapers, if there are so many; and if no newspaper has a general circulation therein, then by posting such advertisements in three public places therein, which advertisements shall be entered in full by the clerk, on the record of the proceedings of the board. 2. The bids, duly sealed up, shall be filed with the clerk by twelve o'clock, noon, of the last day stated in the adver- tisement. 3. The bids shall be opened at the next meeting of the board, be publicly read by the clerk, and entered in full >>n the records of the board. 4. Each bid shall contain the name of every person in- terested in the same, and shall be accompanied by a suffi- cient guarantee of some disinterested person, that if the bid be accepted, a contract will be entered into, and the perform- ance of it properly secured. 5. When both labor and materials are embraced in the work bid for, each must be separately stated in the bid, with the price thereof. 56 OHIO SCHOOL 1 LWS. Ch. b. Sohool-housee and Libraries. Erection of school-houses in joint sub- districts. 6. None but the lowe onsible bid shall be accepted; bui ti rd may, h discretion, reject all the bids, or v bid for both La Ld material which is the low- in th. :!■_ e for such improvement or repairs. 7. Any part of a bid which is lower than the same part of any othi r bid, shall be accepted, whether the residue of the bid is higher or not; and if it is higher, such residue shall bi s The contract shall be between the board of education and the bidders: and the board shall pay the contract price for the work, when it is completed, in cash, and may pay monthly estimates as the work progresses. 9. When two or more bids are equal, in the whole, or in any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided between the makers thereof. 10. When there is reason to belie ye that there is any col- lusion or combination among the bidders, or any number of them, the bids of those concerned therein shall be rejected. [70 v. 105, § 55.] Sec. 3989. When it becomes necessary to rebuild the .ool house of a joint sub-district, or, for the better accom- modation of scholars, to change the school house site and erect a new building thereon, the question of such rebuild- ing, or of such change of site and erection of a new building, shall be determined by a majority vote of the board of direc- tors of such sub-district, and in such manner as to secure the better accomodation of a majority of scholars in the same ; any fu :ich may be or have been assessed and collected for the building of such school-house shall be transferred to the custody of the board of education of the township in which the new building is to be erected, which board shall OHIO SCHOOL LAWS. 57 School-houses and Libraries. Ch. 8. proceed in all matters connected with the erection of the building in accordance with the provisions of this chapter; and if the location be changed to another township, the per- sonal property belonging to such sub-district shall be trans- ferred to the board of education of such te o ; and any real property belonging thereto, and situate in the township from which the location is changed, shall be sold by the board of education of such township, and the proceeds of the sale transferred to the board of education of the township to which the location is changed. [72 v. 63, § 3G.J Sec. 3990- When it is necessary to procure or enlarge when board* may appropri- a school-house site, and the board of education and the owner ate P r °P ert y- of the proposed site or addition are unable from any cause to agree upon the sale and purchase thereof, the board shall make an accurate plat and description of the parcel of land which it desires for such purpose, and file the same with the probate judge of the proper county ; and thereupon the same proceedings of appropriation shall be had which are provided for the appropriation of private property by municipal cor- porations. [70 v. 195, § 65.] Sec. 3991. When the board of education of any district, when and how- question of tax except a city district of the first class, determines that it s to V Yoters mittecl necessary, for the proper accommodation of the schools of such district, to purchase a site or sites, and erect a school- house or school-houses thereon, or to do either, and ascer- tains that the purchase of such site or sites, and the erection and furnishing of such school-house or school-houses, or either, will require a greater tax upon the property of such district than the board is authorized by this title to levy, and that to provide the means therefor it will be necessary to issue bonds, it shall make an estimate of the probable cost of such site or sites, and such school-house or school-houses, OHIO SCHOOL LAWS. Ch. - Srh.uil-h.iiist's and Libraries. tf either, and at a general election, or a special election called for that purpose, shall submit to the electors of the district the question of levying taxes for such purposes, or either of them, and the further questions whether the levy ill be made from year to year thereafter, and what amount • ill be levied each year until the actual cost of such site or site-, and the erection of such school house or school houses, or . is raised ; and ten days' notice of such submission shall be siven by the board, by posters put up in five of the most public places in the district, which shall state the time, place, and object of the election. [70 v. 241, § 61.] if levy ap- Sec. 3992- If a maiority of the electors at such election proved, board •' J auditor. vote in favor of levying taxes for such purposes, or either of them, of continuing the levy from year to year thereafter, and for the amount to be levied each year, the board shall certify the levy annually to the county auditor, who shall place the same upon the tax -duplicate in the same manner that other taxes certified by such board are required to be placed thereon ; and when the district is divided by a county line, the levy shall be certified, collected, and paid in the manner provided in sections thirty-nine hundred and sixty-one and thirty-nine hundred and sixty-two, in the case of levies for joint sub districts. [70 v. 195, § 62.] How the levy Sec. 3993- To enable such board to anticipate the may be antin- 1 money to be raised it may borrow the sum of money neces- sary, not exceeding the amount so authorized to be levied, and issue bonds therefore, payable as indicated by the vote provided for in section thirty-nine hundred and, ninety-one, after a certain day to be named therein, and bearing interest payable semi-annually, at a rate specified therein, not exceed- ing six per centum per annum ; the bonds shall be in such sums as the board may determine, be numbered consecutively, OHIO SCHOOL LAWS. 59 School- houses and Libraries. Ch. 8. made payable to the bearer, bear date the day of sale, and be signed by the board officially ; the clerk of the board shall keep a record of the number, date, amount, and rate of in- terest of each bond sold, the sum for which and the name of the person to whom sold, and the time when payable, which record shall be open to the inspection of the public at all reasonable times : and the bonds so issued shall in no case be sold for a less sum than their par value, nor bear interest until the purchase money for the same shall have been paid by the purchaser. [70 v. 195, § 63 ] Sec. 3994. The board of education of any city district J S8 ^£J°of 8 „.„ . Ti-j , • -ir^i city districts of of tne first class, except a district embracing a city or the first class, first grade of the first class, may issue bonds to obtain or im- prove public school property, and in anticipation of income from taxes for such purpose, levied or to be levied, may, from time to time, as occasion requires, issue and sell bonds, un- der the restrictions and bearing a rate of interest specified in the preceding section, and pa}' such bonds and interest thereon when due, but shall so provide that no greater amount of such bonds shall be issued in any year than would equal the aggregate of a tax at the rate of two mills, for the year next preceding such issue ; but the order to issue such bonds shall be made only at a regular meeting of the board, and by a vote of a majority of all the members thereof, taken by yeas and nays, and entered on the journal of the board. [75 v. 526, § 56.1 LIBRARIES. Sec 3995. In any district the board of education may certain boards J J may appropn- r , ,. ,j. j /. ,, i ate money for appropriate money from the contingent fund tor the purchase library, etc. of such books, other than school-books, as it may deem suit- able for the use and improvement of the scholars and teachers of the district, and in the purchase of philosophical 60 OHIO SCHOOL LAWS. tol-houses and Libraries. lies. H»>u library tax to In . \ jonded. point lib] etc. aratus for the demonstration of such branches of tion as lit in the schools of the district., or but not more than one-half of the amount herein authorized to to appropriated shall be ex- of suon. apparatus; such appropria- tion shall not exceed, in any one year, three hundred dollars in city districts of the first class, one hundred and fifty dol- rs in oil ' i of th -cond class, and seventy-five dol- lar- ther districts; and the books so purchased shall itute a school library, the control and management of which shall be vested in the board of education. [72 v. 29, !•] • 3396. For the purpose of increasing and main- taining the school library of city districts, the board of edu- cation may levy annually a tax of one-tenth of one mill on the dollar valuation of the taxable property thereof, to be ollected, and paid in the same manner as are other school taxes of such districts. [64 v. 62. § l.J • 3997. The amount of such tax, when collected, shall be expended, under the direction of the board, for the purchase of such books as are suitable for public school libraries, the bills for which, with the attendant expenses, shall be certified by the president and clerk, and paid by the treasurer of the school funds. [64 v. 62, § 2.] 3998. The board may appoint a librarian, fix his opensation, and make all needful rules and regulations for th ment of the library, to which every family ; dent in such city districts shall have access. [64 v. 62, . 3999. In cities not having less than twenty thou- bi board of education having custody of public library therein may, at any regular meeting, OHIO SCHOOL LAWS. 61 School-houses aud Libraries. Ch. 8. adopt a resolution providing for a board of managers of such library, and shall thereupon elect, bj r ballot, two persons to serve as members of such board for a term of three years, two persons to serve for a term of two years, and two per- sons to serve for a term of one year ; and annually thereafter two persons shall be elected to serve for a term of three years ; all vacancies in such board shall be rilled by the board of education by ballot, and a person so elected shall serve dur- ing the unexpired term of his predecessor; the president of the board of education shall be a member of the board of managers ex-officio; and the board of managers shall at all times be amenable to and under the control of the board of education, as to tenure of office and authority, and shall serve without compensation. [64 v. 100, § 1.] Sec. 4000. The board of education of the city of Cleve- Board of cieve- J land to appoint land shall, at its first regular meeting after the second Mon- m itt£Z c ° m day in April, 1880, and every two years thereafter, elect, by ballot, not less than three nor more than seven suitable per- sons, residents of said city, but other than the members of the board, who shall be known as the library committee of the city, and shall hold office for the period of two years from such election, and until their successors are elected, and without compensation. [75 v. 101, £ 1.1 Sec. 4001. Such committee shall report, in writing, to Powers and duties of such the board of education, at least once each } T ear, and oftener comnnttee - if required by the board, and shall have entire charge and control of the school library in the city, and shall have full power to make all rules and regulations for the government and regulation thereof, to employ a librarian, and such assistants and help as may be needed, for the care and pro- tection of the library, and to attend to th< drawing and re- turn of books; but the salary of such librarian, and the rate 82 OHIO SCHOOL LAWS. Ch. B. School-houses and Libraries. of compensation of such assistants and help, shall be fixed by the board of education, [committee] by resolution, prior to such employment. [76 v. 50, §2.] ,. lv Sec. 4002. For the purpose of increasing and maintain- ing how to M nded. ing the school library in said city, and the territory thereto attached for school purposes, such library committee may lev}' annually a tax of two and one-half tenths mills on the dollar valuation of the taxable property of the city, and the territory thereto attached for school purposes, to be assessed, collected, and paid in the same manner as are the school taxes of the city ; all money appropriated or collected by tax for the library shall be expended under the direction of the library committee, in the purchase of such books, pamphlets, papers, magazines, periodicals, and journals, as may be deemed suitable for the public school library, and in pay- ment of all other costs and charges, including the salaries of the librarian and assistants, that may be incurred in main- taining the library; and the bills and pay-rolls for such ex- penditures shall, upon the order of the library committee, be certified by the chairman and secretary of such committee, and paid by the treasurer of the city from such library fund. [76 v. 50, § 3.] consolidation of Sec. 4003- In all cities which at the last federal census Bbrariee In tiSSuS?* a " na< l, or at any subsequent federal census may have, a popu- lation of ten thousand five hundred and ninety-two, it shall be lawful to merge any public library therein heretofore established with any other library or reading-room therein existing; but the library formed by such consolidation shall be kept open for the use of the public at all reasonable hours. [75 v. 541, § 1 ; 76 v. 27, § 1.] Sec. 4004. The board of education of every such city shall, at its first regular meeting after the second Monday in OHIO SCHOOL LAWS. 63 School houses and Libraries. Ch. 8. June, 1879, elect by ballot three suitable persons, residents ^uThtof * 8 ' of the city, but other than members of such board, who shall committee/ be known as the library committee of the city, one to serve for one year, one for two years, and one for three years, and until their successors are duly elected and qualified, and shall, annually thereafter, elect in like manner one person with the same qualifications, to serve for three years, and until his successor is elected and qualified ; and any vacancy in such committee shall be filled for the unexpired term at the first regular meeting of the board held after the same occurs. [75 v. 541, § 2 ; 76 v. 97, § 2. J Sec 4005. Such committee shall report in writing to Power8and the board of education at least once each year, and oftener if committee. required by the board, and shall have entire charge and control of the school library in the city, with full power to make all rules and regulations, for the government and regulation thereof, to employ a librarian, and such assistants and help as may be needed for its care and protection, and to require of the librarian such bond as they may deem proper for t>e faithful performance of his duties, and to attend to the drawing and return of books; but the salary of such librarian, and the rate of compensation of such assistants and help, shall be fixed by resolution prior to such employment. [76 v. 97, § 3.] Sec. 4006. For the purpose of increasing and main- how such libra. ry maintained taining the school library in any such city, and the ter- aild managed. ritory thereto attached for school purposes, such committee may annually levy a tax of one-tenth of one mill on the dollar valuation of the taxable property of the city and the territory thereto attached for school purposes, to be assessed, collected, and paid in the same manner as are the school taxes of the city ; all money appropriated or collected OHIO SCHOOL I •> En for. ch lib] i all be expended, under the , in the purchase of such books, les, periodicals, and journals as [table for the public library, and in pay- ment of all other e< rges, including the salaries of the librarian and assistai be incurred in main- tain in : and the bills and pay-rolls for such * upon the order of the library committee, be ed by the chairman and secretary of such com- mittei . and paid by the treasurer of the city from the library fund. [75 v. 541, § 2 ; 76 v. 97, § 4.] CHAPTER 9. SCHOOLS, AND ATTENDANCE ENFORCED. 4007. Sufficient schools must be pro- vided. 400*. Schools for colored children. 4009. Schools of highi i grade than pri- mal 4010. Schools at "children's homes" and county infirmaries. 4011. Youth may be sen! to charity bool at Zanesville. 4012. Evening schools. 4013. Who maybe admitted to public schools. 4011. D and expulsion of pu- pils. 1015. Teachers may dismiss schools on holidays. 4016. School year, month, and week. 4017. Board to control schools, and ap- i officers. 4018. Directors to employ, pay, and dismiss teachers. Section 4019. Teacher dismissed for insnfficient cause may institute snifc. 4020. Board to determine studies and text-books. 4021. "When German language to be taught e 4022. Pupil: , i'rom one dis- trict to another. 4023. Children must attend school. 4024. Unlawful to employ children who have not attended school. Boards to ascertain condition of children not at school. 4026. When hoard may supply pupil with boo' 4027. Penalties against violation of pre- ceding provisions. 4028. Clerks must prosecute. 4029. What is equivalent to attendance on day school. 4007. SCHOOLS. Each board of education shall establish a Sufficient schools must he provide.! sufficient number of schools to provide for the free education of the youth of school age within the district under its con- OHIO SCHOOL LAWS. 65 Schools, acid Attendance Euforced. Ch. 9. trol, at such places a3 will be most convenient for the at- tendance of the largest number of such youth, and shall continue each a ad every day school so established not less that twenty-four nor more than forty-four weeks in each school year; and each township board of education shall establish at least one primary school in each sub-district under its control. [75 v. 513, § 50.] Sec 4008- When, in the judgment of the board, it will schools for J ° ' colored chil- be for the advantage of the district to do so, it may organize separate schools for colored children; and boards of two or more adjoining districts may unite in a separate school for colored children, each bo.ird to bear its proportionate share of the expense of such school, according to the number of colored children from each district in the school, which shall be under the control of the board of education of the district in which the school-house is situate. [75 v. 513, § 50.] Sec. 4009. Any board of education may establish one schools of high- er grade thau or more schools of higher grade than the primary schools, P nmar J'- whenever it deems the establishment of such school or schools pioper or necessary lor the convenience or piogress of the pupils attending the same, or for the conduct and welfare of the educational interests of the district. [75 v. 513, § 50.] Sec. 4010- The board of any district in which a chil- Sec. 4008. A Bchool established for colored children in a township has no directors, bat is uuder the immediate control of the township board. The act of March 14, 1853 (51 v. 4^9), as amended March 18, 1864 (61 v. .31), authorizing the classification of school youth on the basis of color, does not contravene the constitution of the state nor the fourteenth amendment of the constitution of the United States; and colored child- ren residing in either of the districts for white children which have uuited in constructing a joint district for the education of colored child- ren are not, as of right, entitled to admission into the schools fjr white children. [State vs. McCann, 21 O. S., 198.] TKACHERS IX CHILDREN'S' HOMES. Sec. 4010. Teachers in childrens' homes, orphan asylums, and c muty inhrniaries in which schools have been established under the provisions of this section, must obtain certificates of qualifications from the county board of examiners. OHIO SCHOOL LAWS. I Schools, and Attendance Enforced. * ' dren's home or orphans' asylum is or may be established by hu,,s. law, or in which a county infirmary is or may be established, and oonnty in- -hall, when requested by the board of trustees of such chil- dren's home or orphans' asylum, or the directors of such infirmary, establish in such home, asylum, or infirmary a g parate school, so as to afford to the children therein, as far as practicable, the advantages and privileges of a common school education ; such schools at infirmaries shall be con- tinued in operation each year until the full share of all the school funds of the district belonging to such children, on the basis of the enumeration, is expended, and at such homes or asylums not less than forty-four weeks ; if the distributive share of school funds to which such school at any such home or asylum is entitled, by the enumeration of children in the institution, is not sufficient to continue the school the length of time hereby required, the deficiency shall be paid out of the funds of the institution; all schools so established shall be under the control and management of the board of edu- cation or other school officers who have charge of the common schools of such district; in the establishment of such schools the commissioners of the county in which such children's home, orphans' asylum, or county infirmary is established shall provide the necessary school room or rooms, furniture, apparatus, and books, the cost of which furniture, apparatus, and books, for such homes and asylums, shall be paid out of the funds provided for the institutions; and the board of h may be j ,.,,-, . . , . ,, , , barity education shall incur no expense in supporting the schools, • )i at Zsnes- except in the payment of teachers. [75 v. 513, § 50; 76 v. 75, § 1.] Sec 4011. The board of education of the city of Zanes- ville may contract with the trustees having the management of any fund which has been provided by gift, devise, or be- OHIO SCHOOL LAWS. 67 Schools, aud Attendance Enforced. Ch. 9. quest for the establishment or support of a school or schools for poor children therein, for the admission to any such school of children resident in the city, and pay to such trustees, out of the school funds under its control, such tuition fee as may be agreed upon for each scholar so ad- mitted, but not entitled to admission according to the terms of such gift, devise, or bequest, and also provide for such right of visitation or control of such school or schools by the board as may be agreed upon ; such school or schools shall be kept, at the least, equal in grade and efficiency to the cor- responding public schools of the state, and every such con- tract shall expire in three years from the time of its execu- tion, unless renewed or extended by agreement ; but this section shall in no manner apply to any school or schools supported or controlled by any church, congregation, sect, or religious denomination or association of any kind. [75 v. 530, § 1.] Sec. 4012. In any district composed, in whole or in Evening schools. part, of a city or village, the board may, at its discretion, provide a suitable number of evening schools for the instruc- tion of such youth as are prevented by their daily vocation from attending day schools, subject to such regulations as the board may, from time to time, adopt for the government thereof. [72 v. 29, § 51.] Sec. 4013. The schools of each district shall be free to who may be admitted to all youth between six and twenty-one years of age who are public 8Chools children, wards, or apprentices of actual residents of the dis- trict; each board of education may admit other persons, not Sec. 4013. The children, inmates of the German Protestant Asylum, of Cincinnati, are not " children, wards, or apprentices of actual residents" in the school district within which said asylum is located, and, therefore, under the act of February 21, 1849 (2 Curwen, 1471), are not entitled to gratuitous admission to the privileges of the public schools of said dis- trict. State v. School Directors, 10 O. S., 44-. OHIO SCHOOL LAWS. Ch. 9. Schools,. and Attendance Enforced. Suspension and expulsion oi pupils. Teachers may disini.-s RChool ou holidays. : under six years of age, upon such terms, or upon the p ment of such tuition, as it may prescribe; boards of ci village, or special districts may admit also, without cha for tuition, persons within the school age who are memb of the family of any freeholder whose residence is not wit) such district, if any part of such freeholder's homestea( within such district; and the several boards shall make si ignment of the youth of their respective districts, to J schools established by them, as will, in their opinion, fc promote the interests of education in their districts. [7( 195, § 71] Sec. 4014. No pupil shall be suspended from sch by a superintendent or teacher except for such time as n be necessary to convene the board of education of the dist or the directors of the sub district, and no pupil shall be pelled except by a vote of two-thirds of such board or dir< or.-, and not until the parent or guardian of the offend pupil has been notified of the proposed expulsion, and ] mitted to be heard against the same; and no scholar si be suspended or expelled from any school beyond the c rent term thereof. [70 v. 195, § 71.] Sec 4015. Teachers employed in the common scht may dismiss their schools, without forfeiture of pay, on F Year's day, the Fourth of July, and Christmas, and on , - ■ - ice, SUSPENSION AND EXPULSION. Sec. 4014. This right of suspension or expulsion is one which nee< be carefully guarded. The true motto is to bring in, not to drive out; but there are c where, to protect the rights of the many, it is necessary to expel a p' V , would uot hesitate to exclude from the schools a pupil att'e with a contagious disease. Gross immorality is both contagious am factious. The father of a child entitled to the benefits of the public school oi sub-district of his residence, may maintain an action against the tea of the school and the directors of the sub-dintrict, for damages for wr fully expelliDg the child from school. Roe v. Deming, et al., 21 C tiO,. to set ?:; : OHIO SCHOOL LAWS. 69 Schools, and Attendance Euforced. ( b 9. iy set apart by proclamation of the president of the United ates, or the governor of Ohio, as a day of fast or thanks Jving. [70 v. 195, § 116] •: August of the succeeding year; and a school week shall ,„ nsist of five days, and a school month of four school weeks. ii Sec. 4016- The school year shall begin on the first day school year, month, and September of each year, and close on the thirty first day week - Ov. 215, §70; 72 v. 181, § 6.] Sec. 401 7- The board of education of each district shall Board tocon- tml schools and -, xve the management and control of the public schools of a PP° lntofficer8 - le district, with full power, subject to the provisions of the rditi fendi DISMISSAL OF TFACIIEK. Skc. 4017. The dissatisfaction of scholars and parents is no cause for " ; tl| te dismissal of a teacher. [26 Vermont, 5?o.] COUPORAL PUNISHMENT. :. ; li c BcfaC H Questions are so often asked concerning the right of a teacher 1o inflict wporal punishment, that the quotation of a few authorities seems in tace, though there is not room for a full discussion of the topic. Hathaway v. Hive, 19 Vt. 10-3. "The right of a school master fo coi- p -act. his scholars his always been practically and judicially sanctioned, tit the chastisement must not exceed the limits of moderate correction ; md though coutts are hound, with a view to the maintenance of neces- aary order and decorum in schools, to look with all reasonable indulge! ce ipon the exercise of this right, yet, whenever the correction shall apt-ear o have been clearly excessive and cruel, it must be adjudged illegal." Cooper v. McJunkin, 4 Ind. 2U0. " A teacher, in the exercise of the lower of corporal punishment, must not make such power a pretext for rruelty and oppression ; but the cause must be sufficient, the instrument nitable, and the manner and extent of the correction, the parr of the ►»erson to which it is applied, and the temper in which it is inflicted, hould he distinguished with the kindness, prudence, and propriety which become the station." "Reeves? Domestic Relations," page . r >34. "The school-master has a right to give moderate corporal correction to his pupils for disobedience >:o his lawful commands, negligence, or for insolent conduct. A school- naster, in his own right, and not by delegation, possesses this power." Stale v. Pendergrass, 2 Devereaux §~ Battles, :!()•"). "The law confides co Bchool-masteis and teachers a discretionary power in the infliction of corporal punishment upon their pupils, and will not hold them responsi- ve criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil pas- irJ sious." In passing this topic, the language of Jm'ge Gaston seems aii| peculiaily appropriate. "It is not easy to state with , :ecision, the power which the law grants to school-masters and teachers, with respecttothe of correction of their pupils. It is analogous to that which belongs to par- jai ents, and the authority of the teacher is regarded as a delegation of par- ental authority. One of the most sacred duties of paren ts is to raise up OHIO SCHOOL IAWS. L 'l, .) Schools, and Attendance Enforced. next section, to appoint a superintendent and assistant superintendents of the schools, a superintendent of build- ings, and teachers, janitors, and other employes, and fix ;in' shall believe it to be just and necessary." ;v> Ferment, 114. Fire*. Though a school-master has, in general, no right to punish a pupil lor misconduct committed after the dismissal of tcuool for the day and the return of the pupil to his home, yet he may, on the pupil's return to school, punish him for any misbehavior, though committed out of school, which has a direct or immediate tendency to in- jure the school and to subvert the master's authority. Second. A school-master is not relieved from liability in damages for the punishment of a scholar which is dearly excessive and unnecessary, by the fact that he acted in good faith and without malice, honestly thinking that the punishment was necessary, both for the discipline of the - ool and the welfare of the scholar. If there is any reasonable doubt whether the punishment was excessive, the teacher should have the benefit of the doubt. Lander vs. Seaver, 112 Vt. K., 123; Wharton's American Crim.Law. 1SJ59; audi Sanders on Pi and E\\, 144 ) , e Whether under the facts the punishment is excessive, must be left to the jury to decide. {Commonwealth of Mass. vs. Randall, 4 Gray, 38.) In the case of Martin Qainn vs. Mary D. Nolan, a suit tried in the Superior Court of Cincinnati, Judge Harmon, iu charging the jury, used the following language: If the jury should find the defendant did not, in view of all the circum- stances, 'indict, a greater degree of punishment upon the plantihVs son than she was fairly entitled to do, and was proper, of course they must find for defendant. But, if they should iiud she did go beyond that, then ir would be necessary to go further and inquire into the damages that should be allowed. The law holds a person responsible only for the natural and ordinary cou sequences of his acts, those consequences which the law presumes he might or should have foreseen atthe time he committed the act. Therefore it might make a difference in the amount of their finding if it should appear that the child was afflicted with or predis- posed to certain diseases, and the defendant had no notice thereof from his parents, the boy himself, his appearance, or otherwise. If the de- I. ndunt, liom the knowledge she had of the boy and from his appearance, would be justified in supposing him to be like other boys of his age, and inflicted only a proper punishment, then she would not be liable at all, even though unf rtunately some hidden defect in the boy's constitution should cause injury to his health to follow. Or if they should rind for the plan tifl this fact of ignorance on her part would prevent her from being liable for any consequence arising from such weakness or predisposition the boy, of which she was ignorant in fact, and of which his appear- and furnished no warning It. is the duty of parents who send their children to school, whose health or disposition would render the punish- ment permitted bj the rules of the school dangerous or improper, to see the teacher is ii firmed of the fact. Boards of educat i are authorized to adopt and enforce necessary rules and regulations for th government of schools under their management and control. Sewell v. Hoard of Education. [29 v. s'J ] When instruction in rhetoric is given in any grade or department of a school, and one of the rules adopted by the board for the government of the pupiis therein provided that if any pupil should fail to be prepared with a OHIO SCHOOL LAWS. 71 Schools, and Attendance Enforced. Ch. 9. their salaries or pay, which salaries or pay shall not be either increased or diminished during the term for which the appointment is made ; but no person shall be appointed for a longer time than that for which a member of the board is elected; and such board may dismiss any appointee for in- efficiency, neglect of duty, immorality, or improper conduct. [70 v. 195, §53.] Sec. 4018- In township districts the directors shall employ and for sufficient cause dismiss, the teachers of the schools in their respective sub-districts, and shall fix their salaries or pay, which salaries or pay may be increased but not diminished in amount by the township board, and shall not exceed in the aggregate, in any year, for any sub-dis- trict, the amount of money to which the sub-district is entitled for the purpose of tuition for such year; if the directors of any sub-district fail to employ a teacher for their school, the township board shall employ such teacher, and fix the salary to be paid; and the directors, at the end of any month, or at the end of the term, shall give to the teach- ers employed by them certificates of such employment, and of services rendered, addressed to the township clerk, who, upon presentation thereof, and compliance by such teachers with the provisions of section forty hundred and fifty one, shall draw orders on the township treasurer for the amounts Directors, to employ, pay ami dismiss teachers. rhetorical exercise, at the time appointed therefor, he or she should, un- less excused on account of sickness, or other reasonable cause, b>» im- mediately expelled from such department: held, that such rule was reason- able lb. Where the teacher of such department, with the consent of the. board, fur a failure to comply with the rule, or to offer any excuse therefor, sus- pended a pupil until he should comply with the rule, or offer a reasonable excuse for his non-compliance, neither the board of education nor the teacher is liable in damages therefor. lb. Sec. 4018. The dismissal is "business" and must be transacted at a meeting, as set forth in section 3918, and the reasons therefor must be spread upon the minutes. They must be a "sufficient cause." 72 OHIO SCHOOL LAW>. Ch. 9. Schools, and Attendance Enforced. Teaoher dis- missed lor in- Bnffioienl oause na\ institute suit. certified to be due, in favor of the parties entitled thereto, and the treasurer shall pay the same. [70 v. 195, § 53."] Sec 4019. If the directors of any sub district dismiss any teacher for any frivolous or insufficient reason, such teacher may bring suit against such sub district, and if, on the trial of the cause, a judgment be obtained against the sub-district, the directors thereof shall certify to the clerk of the board the sum so found due, who shall issue an order upon the township treasurer, to the person entitled thereto, to pay the same out of any money in his hands belonging Sec. 4018. Under the act of May 1, 1873 (70 v. 19.".). the local directors of township sab-districts have do power to delegate The employment of teachers to any other person, nor to provide for their payment except as provided in section 53 of that act ; and a contract with a teacher that he shall employ an assistant, if one he necessary, is illegal and void [State v. Williams, 29 O. S ltil ; but where the local directors employed a tea< her, and fixed his salary at $125 pet month in case he alone should be aide to teach the school to their satisfaction, otherwise the Teacher to employ and pay an assistant, and such teacher performed the service under his em- ployment, without the aid of an assistant, to the satisfaction of the direct- ors, who certified to the township clerk the amount due to the teacher under the contract. Held : That the township clerk can not justify his refusal to draw an order on the township treasurer for the anion tit certi- fied, on the ground that, the contract under which the service was per- formed was against public policy, and void State v. Williams lb. A township board supposing that local directors were neglecting their ^duties under the provisions of the act of March 14, 1853 (51 v. 429), em- ployed a teacher for a sub district, who, without being notified by the local directors to desist, taught the school for three month.-, ana received an order on The township treasurer for his w ages Held, that the treasurer could not rightfully withhold payment of the order upon ihe groin A that the directors had not been neglectful of their duties, and that the exer- cise thereof by the hoard of education was unwarranted by the facts of the case Case v. Wresler, 4 O. S. 561. Under the act of March 14, 1853 (51 v. 429), where a township board entered an order that teachers should not be employed at a greater com- pensation than twenty dollars per month, and the local directors em- ployed a teacher at thirty dollars per month, and certified the amount due him for his services at. that rate, to the township clerk, if. became the doty of the township clerk to draw an order in conformity with such cer- tificate of the local directors. State v. Wilcox, 11 O. S., 326. Dismissal of Teacher. — The directors may dismiss a teacher for sufficient cause, as incompetency, negligence, immorality. In case the teacher bring suit, as he may, his certificate is only 'prima facte evidence of com- petency and character, and may be overbalanced by proof. Wages of Teacher. — If the sub-district's share of l he state fund, increased by the amounl apportioned for tuition by the township board, is not suffi- cient to continue the school at least six mouths, the directors should ap- peal t > the county commissioners. Payment — Upon making out a monthly report and presenting it to the chrk along with a certificate of service from the directors, and his certificate from tue county examiners, or a copy thereof, a teacher may draw his salary monthly. (See sec. 4051.) OHIO SCHOOL LAWS. 73 Schools, and Attendance Enforced. Ch. 9. to such sub district and applicable to the payment of teach- ers ; and in such suits process may be served on the clerk of the sub-district, and service upon him shall be sufficient. [76 v. 58, § 1.] Sec. 4020. Each board shall determine, at a regular Board to deter- mine studies meeting, by an affirmative vote of a majority of all its mem- and tfcXt 1,0 " k8, bers, the studies to be pursued and the text-books to be used in the schools under its control, but no text-book shall be changed within three years after its adoption without the consent of three-fourths of all the members elected to the board, given at a regular meeting; and all branches shall be taught in the English language. [70 v. 195, § 52] COURSE OF STUDY. Sfc. 4020. The general course of study should be prescribed by tbe board of education, but the studies to be pursued and the lessons to be prepared by each pupil should be left to the teachers or superintendent. The right to lay down a course of study certainly carries with it the right to require pupils to pursue that, course. Success requires classification and system. The constitution of the state does not enjoin or require religions in- struction, or the reading of religious books, in the pub ic schools of the The legislature having placed the management of the public schools under the exclusive control of directors, trustees, and boards of educa- tion, the courts have no rightful authority to interfere by directing what instruction shall be given, or what 'nooks shall be read Therein. lb. 211. state. Board of Education of Cincinnati v. Minor, et ah, 23 O. S-, 211. If it is not conceded, it must he conceded that the legislature has never passed any law enjoining or requiring religious instruction in the public schools, or giving the courts power in any manner, or to any ex- tent, to direct or deterniina the particular branches of learn it . When the clerk fails, auditor to act. 4037. When county line divides original Purveyed township. 4038. When enumeration not taken, dis- ttict not entitled to schools funds. 4031). Auditor to furnish abstract to state commissioner. 4040. Duty of state commissioner when enumeration excessive, etc. 4041. Penalty for making fraudulent re- turns. 4042. Who to be treasurer of school funds. 4U43. Bond of treasurer, and duties of board in relcieuce thereto. Section 4044. Annual settlement by treasurer with county auditor. 4015. Penalty for failure to make such settlement. 4046. Treasurer to report balances to board. 4047. When treasurer may receive or pay money. 4048. Maximum amount of funds which treasurer may hold. 4049. Treasurer to deliver money, etc., to successor. 4050. Bond of clerk. 4051. When orders ot clerk for teachers' pay illegal. 4052. Duties of clerk as to statistics, etc. 4053. Publication of receipts and disburse- ments by clerk. 4054. Clerk to deliver books, etc., to suc- cessor. 4055. How treasurer and clerk to keep ac- counts. 4050. Compensation of treasurer and clerk. ENUMERATION. Sec. 4030. There shall be taken in each district, annu- ally, between the first Monday in September and first Mon- day in October, an enumeration of all unmarried youth, noting race and sex, between six and twenty-one years of age, resident within the district, and not temporarily there; designating also the number between sixteen and twenty- ENUMBRATION. JSec 40^0. The annual enumeration should include all unmarried youth between the ages ol six ano. twenty-one years, who at the time of taking such enumeration, actually dwell or have their home in tile district, whether eucii youth constitute a part of the family of their parents or guaruians, or aio, in good laith ana lor a contmuance of time, mieu to labor or ser- vice in a family actually residing m such district. The fact that a youth is living in a resident family not temporarily, hut is treated and regarded as apart of sack family, makes such youth a resident. li, nowever, a youtu is staying temporarily in a district as a boarder or visitor, or is a mem her ol a lamny temporarily in the district and whose OHIO SCHOOL LAWS. 79 Enumeration, Treasurer, and Clerk. Ch. 10. one years of age, the number residing in the Western Re- serve, the Virginia Military District, the United States Mili- tary District, and in any original surveyed township or frac- tional township to which belongs section sixteen, or other land in lieu thereof, or any other lands for the use cf public schools, or any interest in the proceeds of such lands. [71 v. 15, §77.] Sec 4031. Each person required or employed under Qualification and pay"!" this chapter to take such enumeration shall take an oath or game" Tl " affirmation to take the same accurately and truly, to the best of his skill and ability; when making return thereof to the proper officers he shall accompany the same by his affida- vit, duly certified, that he has taken and returned the enu- meration accurately and truly, to the best of his knowledge and belief; the officer to whom such return is required to be made may administer such oath or affirmation, and take and certify such affidavit; and each person so taking and return- ing the enumeration shall be allowed, by the proper board of education, reasonable compensation for his services, which, in sub-districts, shall not exceed two dollars for each person authorized, required, or appointed to perform the service. [71 v. 15, § 77.] Sec 4032. The clerk of the board of education of each cierk except in township dis- district, other than township districts, shall employ a suffi- P 7 c y tS pe? SO n S to actual residence is in another district, such youth can not be legally enu- merated. But the temporary residence of a family iu a district, if such family have at the time no other residence, does uot exclude the children actually living in anU belonging to such family from the enumeration. A youth can be legally enumerated in but one district, and that is the district in which he actually resides. All children that may be legally included in the annual enumeration of any school district, are entitled to attend the school in such district. SEC. 4031. It will be observed that each person taking the enumeration must be sworn to take it accurately, and must also accompany the return by his affidavit that he has so taken it. Pay for taking En itineration. — The clerk of the sub-district is entitled to pay for taking and returning the enumeration, but such pay must not exceed two dollars. take it. SO OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, ami Clerk. cient number of competent persons to take and return to him the enumeration of his district, in the manner pre- scribed in this chapter. [70 v. 195, § 78.] Clerk of board Sec. 4033. The director who is clerk in each sub-district of directors to take it in sab- shall take, or cause to be taken, annually, according to the provisions of this chapter, between the first and the third Monday in September, an enumeration of youth resident within his sub-district, and return a certified copy thereof to the clerk of the township board of education; if any such director fail to perform such duty, the clerk of the township board shall employ a competent person to take and return the enumeration, give him an order on the treasurer of the board for his compensation; payable from the contingent fund, and proceed to recover the amount so paid, in a civil action, before any court having jurisdiction of the matter, in the name of the state, against such director; and the money so collected shall be paid to the treasurer of the board, and credited to the contingent fund ; but in a township dis- trict which is not divided into sub-districts, the president of the board shall take and return the enumeration, or cause the same to be done. [70 v. 195, § 33.] Sec 4034. The enumeration of a joint sub district shall Enumeration in tricts! ub ' di8 " ^e taken by the clerk of the board of directors, who shall trans- mit a certified copy thereof to the clerk of the board of edu- cation of the district in which the school house of the sub- district is situate, and designate therein the number of youth residing in the respective fractions of townships of which the sub-district is composed; and if such sub-district is com- posed of parts of two or more counties, the clerk to whom the return is made shall transmit a certified copy thereof to the auditor of each county having territory within the sub- district. [70 v. 195, § 34 ; 71 v. 15, § 77 ; 72 v. 63, § 30.] OHIO SCHOOL LAWS. 81 Enumeration, Treasurer, and Clerk. Ch. 10. Sec. 4035. The clerk of each board shall, annually, on ^t^^t> county auditor. or before the second Monday of October, make, ana transmit to the county auditor, an abstract of the enumeration by this chapter required to be returned to him, according to the form prescribed by the commissioner of common schools, with an oath or affirmation indorsed thereon that it is a correct abstract of the returns made to him under oath or affirma- tion ; and the oath or affirmation of the clerk may be admin- istered and certified by any member of the board of educa- tion, or by the county auditor. [70 v. 195, $ 79 ] Sec 4036- If the clerk of any district fail to transmit faiuauditor to act. such abstract of enumeration on or before the second Monday of October, the auditor shall at once demand the same from such clerk ; and in case the enumeration has not been taken as required by this chapter, or the abstract required be not furnished without delay, the auditor shall employ competent persons to take such enumeration, who shall be subject to the legal requirements already specified, except that the re- turns shall be made directly to the auditor, who may admin- ister to each person employed the oath or affirmation re- quired; and the auditor shall allow the persons employed by him a reasonable compensation, to be paid out of the gen- eral county fund, and shall proceed to recover the amounts so paid, in a civil action, before any court having competent jurisdiction, in the name of the state, against such clerk, on his bond, and the amount so collected shall be paid into the general county fund. [70 v. 195, § 80.] Sec 4037- If parts of an original surveyed township or when county line divides fractional township are situate in two counties, the auditor vel^dto^" ship. of the county in which the smallest part is situate shall, so soon as the abstracts of enumeration are received by him from the clerks of the boards of education, certify to the 6 82 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, and Clerk. auditor of the county in which the largest part is situate the enumeration of youth residing in the part of the township situate in his county; if parts of such township or fractional township are situate in more than two counties, like certifi- cates of enumeration shall be transmitted to the auditor of the county containing the greatest relative portion of such township, by the auditors of the other counties containing portions thereof; when it is uncertain which county con- tains the greatest relative portion of such township, such certificates shall be transmitted to the auditor of the oldest county, by the other auditor or auditors; and if the land granted by congress to such township or fractional township for the support of public tehools has been sold,, the auditor to whom such certificates are transmitted shall notify the auditor of, state, without delay, that such enumeration has been certified to him. [70 v. 195, SS 121, 130] WLenenumera- Sec. 4038- If an enumeration of the youth of a district tion not taken, distiictnot en- De no i taken and returned in any year, such district shall titled to school J J not be entitled to receive any portion of the school funds dis- tributable in that year on the basis of enumeration ; and if such loss to a district occur through the failure of the clerk of the board of education of the district to perform the duty required of him by either section forty hundred and thirty-two, or Jorly hundred and thi/>y-jivc,he shall be liable to the district for the loss, which may be recovered in an action in the name of the state ; and the money so recovered shall be paid into the county treasury, and apportioned in the same man- ner as the school funds so lost would have been apportioned. [70 v. 19">, SS 120, 124.] Sec. 4039- The auditor of each county shall make, and fanrt.s. Auditor to fnr- Jta^mmmi^- 10 transmit to the state commissioner of common schools, on atate com mis eioner or before the fifth day of November in each year on blanks OHIO SCHOOL LAWS. 83 Enumeration, Treasurer, and Clerk. Ch. 10. to be furnished by the commissioner, an abstract of the enumeration returns made to him, duly certified. [70 v. 195, § 81.] Sec 4040. When the state commissioner of common schools, on examination of the enumeration returns of any district, is of opinion that the enumeration is excessive in number, or in any other way incorrect, he may require the same to be retaken and returned, and if he think it necessary he may for this purpose appoint persons to perform the ser- vice, who shall take the same oath, perform the same duties, and receive the same compensation, out of the same funds, as the person or persons who took the enumeration in the first instance, and the school fund distributable in propor- tion to enumeration shall be distributed upon the corrected returns. [70 v. 195, § 75.] Sec. 4041- An officer through whose hands the enum- eration required by this chapter to be returned passes, who, by percentage or otherwise, adds to or takes from the number actually enumerated, shall be deemed guilty of a misdemeanor, and, upon conviction of such offense, shall be fined in any sum not less than five nor more than one thou- sand dollars, or imprisoned in the county jail not less than ten nor more than thirty days, at the discretion of the court. [70 v. 195, § 75.] TREASURER AND CLERK, Sec 4042. In each city district the treasurer of the city funds shall be exofficio treasurer of the school funds; but if Duty of state commissioner when enumera- tion excessive, etc. Penalty for making fraud* lent returns. Who to be treasurer of school funds' . Shc. 4041. Great care should be taken in the performance of this duty of taking and returning the enumeration, forming the basis, as it does, for the distribution of large sums of money. CITIES OF THE SECOND CLASS WHEN COUNTY SEATS. Sec. 4042. In a city district having no city treasurer other than the county treasurer, the board of education is authorized to elect a treasurer 84 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, and Clerk. Treasurer to gi ve bond, and p roduce funds o bo counted nd examined. the county treasurer is treasurer of the city funds, the board of education may appoint one of its members treasurer, who shall not receive an}' compensation for his services ; in each township district the treasurer of the township funds shall be ex-officio treasurer of the school funds ; and in each vil- lage and special district tho board of education shall choose its own treasurer. [70 v. 241, § 44.] Sec 4043. Each school district treasurer, or county treasurer who is ex-officio treasurer of a school district, shall, before entering upon the duties of his office, execute a bond, from its own number. If the board does not so elect, the county treasurer is required to disburse the. school funds. (From Revised Statutes, taking effect January, 1880) ; Sec 5841. A surety of the treasurer of school funds, in any school dis- trict organized under the provisions of law, may at any timo notify the board of education of the proper district, by giving at least five days' notice, in writing, that he is unwilling to continue as surety for such treasurer, and will, at a time therein named, make application to the board of education to be released from further liability upon his bond; and he shall also give at least three days' notice in writing to such treas- urer, of the time and place at which the application will be made. [70 v. 195, 18 Sec. 5842. The beard of education, upon such notice being given, shall hear the application, and if, in their opinion there is good reason therefor, shall require the treasurer to give a new bond, conditioned according to law, and to the satisfaction of the board, within such time as they may direct ; and if the treasurer fail to execute such bond, the office shall bo deemed vacant, and shall be immediately filled as other vacau les there- in; but such original sureties shall not be released or discharged until the filing of the new bond, or the expiration of the time allowed therefor; and the cost of such application shall be paid bv the person making the same. [70 v. 195, § 48.] In an action against a surety on a township treasurer's school bond, conditioned for the faithful disbursement of school moneys, a judgment for the defendant will not be reversed, when the pleadings and evidence show a default by the treasurer only as to " township funds" in general items, without specifying that any part thereof was school money. The State v. Corey, 16 O. S. 17. Township trustees have no authority to release a treasurer from his lia- bility for any portion of the school fund belonging to the township. State v. Williams, 13 O. 495. Sec. 4043. Every officer, on receiving an official bond which by law is required to be tiled or deposited with him, shall immediately, on re- ceiving such bond, record the same in a book to be kept by him for that purpose ; and a certified transcript of the record of any such bond shall bo taken and held, in all courts and places, as conclusive evidence of such record, and prima facie evidence of the execution and existence of such bond. [41 v. 13, § 1.] Treasurer's Bond. — And this whether the treasurer is elected by the board or is serving ex-officio. He must give bond as treasurer of the school funds, though he may have already tiled a bond as township, city, or county treasurer. Part First, Title 1, Chapter 1, Sec. 5, Revised Statutes. In no case should the clerk neglect to send to the county auditor this OHIO SCHOOL LAWS. €5 Enumeration, Treasurer, and Clerk. Ch. 10. with sufficient surety, in double the probable amount of school funds that may come into his hands, payable to the state of Ohio, to be approved by the board of education, con- ditioned for the faithful disbursement, according to law, of all such funds which come into his hands; such bond, when so executed and approved, shall be filed with the clerk of the board of education of the district, who shall cause a certified copy thereof to be filed with the count} r auditor without de- lay; and such board, it the time of the approval of such bond, shall require the treasurer of the school funds to pro- duce all money, bonds or other securities in his hands as such treasurer, and the same shall be then counted by the board, or a committee thereof, in the presence o'.' the clerk of the board, who shall thereupon enter upon the records of the board a certificate, setting forth the exact amount of money or securities so found in the hands of such treasurer, which record shall be signed by the president and clerk of the board, and shall be prima facie evidence that the amount therein stated was actually in the treasury at that date. [70 v. 195, §§46,82; 76 v. 16, § 1.] Sec. 4044. The treasurer shall, annually, between the Annual a et tie- ment by tr ea«- first and the tenth day of September, settle with the county J^^J* C0M auditor for the preceding schcol year, and for that purpose shall present a certified statement showing the amount of money received, from whom, and on what account, and the certified copy of the treasurer's boud, as the auditor is forbidden to give a treasurer an order on the county treasurer for a sum which at any time will make the amount in such treasurer's hands over one-half of the pen- alty in his bond. , Sec 4044. If it is evident to the county auditor that the school moneys have been illegally paid out, as they would be if paid to any member of a board of education on any contract with such board, or as an employe" thereof, it is his duty to refuse the treasurer credit for the same. If moneys have been paid from the wrong fund, as from the school fund, when the law says it must be township fund, the auditor must not allow credit to such orders He should insist on their correction by the board. or correct them himself by proper debit and credit. 86 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, and Clerk. ! Penalty for failure to make such settle- ment. Treasurer to re- port balances to board. When treasurer may receive or pay money. amount paid out, and for what purposes; he shall produce vouchers for all payments made ; and if the auditor, on ex- amination, find the statement and vouchers to be correct, he shall give the treasurer a certificate of that fact, which shall, prima facie, be a discharge of the treasurer for the money paid ; and for making such settlement he shall be entitled to receive the sum of one dollar, and also five cents per mile for travel- ing to and from the county seat, to be paid out of the county treasury, on the order of the county auditor. [71 v. 9, § 47.] Sec. 4045. If the treasurer of any school district will- fully or negligently fail to make such annual settlement with- in the time prescribed in the preceding section, he shall be liable to pay a fine of fifty dollars, to be recovered in a civil action in the name of the state ; which amount, when col- lected, shall be paid into the county treasury, end shall be applied to the use of common schools in his district ; and the county auditor shall proceed forthwith, in case of such failure, to recover the penalty, by suit against such treasurer, before any justice of the peace of the county. [71 v. 9, § 47.] Sec. 4046. The treasurer shall report to the board of education, within ten days after his settlement with the coun- ty auditor, th6 amount of money in his hands for school pur- poses, and the amount belonging to each fund. [70 v. 195, §46] Sec 4047- No treasurer of a school district, except in cases otherwise provided for in this title, shall pay out any school money except on an order signed by the president and Skc. 4047. The case "other wine provided for" is the payment of teachers in the sub-districts on the order of the directors, section 4018. (Fr statutes taking effect January, 1880) : Sec. 6846. Embezzlement by municipal and school officers.— A member of the council or board of aldermen of any municipal corporation, or an officer, agent, clerk, or servant of such corporation, or of any board or department thereof, or an officer, agent, clerk, or servant of any board of education, who, knowingly, diverts, appropriates, or applies any funds, OHIO SCHOOL LAWS. 87 Enumeration, Treasurer, and Clerk. Ch. 10. countersigned by the clerk of the board of education ; and no money shall be paid to the treasurer of a district, other than that received from the county treasurer, except upon the order of the clerk of the board, who shall report the amount of such miscellaneous receipts to the county auditor each year, immediately preceding such treasurer's settlement with the auditor. [71 v. 15, § 83. J Skc. 4048- The auditor shall in no case permit the Maximtun .... . amount of treasurer of a school district to have in his hands, at any funds which treasurer may time, an amount of school funds over one half the amount ° " of the penalty in the bond of the treasurer; and before giving such treasurer any order for school funds, he shall re- or a part of any fund, rais-d under any law. by taxation or otherwise, to any other use or purpose than that for which it was raised or appro- priated, or who. knowingly, diverts, appropriates, or applies, auy money borrowed, or any bond of the corporation, or auy part of the proceeds of such bond, to any other use or purpose than that for which such loan was made, or bond issued, shall be deemed guilty of embezzling the amount so diverted, appropiiated, or applied, and punished accordingly. [66 v. 26 5, § 6T1 ; 73 v. 116, v> 1.] Sec 6847. Selling public property with intent to defraud. — Whoever, be- ing intrusted with the care, enstody, or control, of any property of the state, or of any county, township, or municipal corporation, sells or disposes of the same, for hisown use, with inient to defraud, is guilty of emb zzle- ment, and shall he punished accordingly. [69 v. 19 '•. § 2.] Skc. 6975. Members of boards of education — A member of a b »ard of education, organized under any law of this slate, who accepts or !■ i^ives auy compensation for his services as such member, except, as cl-rk, or treasurer of such hoard, shall be deemed guilty of embezzlement of the amount so received, aud punished accordingly. [70 v. 214, 67.] Sec 7299. Any tailure <>r refusal to pay over, or to produce, the pub- lic money, or any pari by an officer or other person char . d with the collection, receipt, transfer, disbursement, or safe keeping of t he pub- lic money, or any part thereof, whether belonging to the state, or to any county, township, municipal corporation, or board of education in this state, or anyoth* : public money whatever, or to account to, or to make set- tlement with, any properand legal authority, of she official accountsof such officer or person, shall be held and taker, as prima facie evidence of the embezzlemen: thereof, and upon the trial of any .such officer or person for the embezzlemei.i of public money under section 6£41, it sh:;ll be sufficient evidence, for the purpose of sh -wing a balance against him, to produce a transcript from the books of the auditor of state, or the auditor of the county, or the records of the commissioners of the county; aud the re- fusal of any such officer, or person, whether iu or out of office to pay any draft, order, or warrant drawn upon him by the pioper officer, for any public money in his hands, n i matt( r in what capacity the same was re- ceived or is held by him, or any refusal, by any persou or public officer, to pay over to his successor any public money or securities promptly, on the legal requirement of any authorized officer of the state or county, shall be taken on the trial of an indictment aga'insl him for embezzle- ment as prima facie evidence of such embezzlement. [55 v. 44, § 15.] 88 OHIO SCHOOL LAWS. Ck. 10. Enumeration, Treasurer, and Clerk. Treasurer to denVer money etc., to succes- sor. Bond el clerk. When orders of clerk for teaehers' pay illegal. quire the treasurer to file with him a statement, to be fur- nished by the clerk of the board of education whenever necessary for the purpose, showing the amount of funds in the treasurer's hands according to the clerk's books. [70 v. 195, § 84.] . Sec. 4049- At the expiration of his term of service each treasurer shall deliver to his successor in office all books, papers, money, and other property in his hands belonging to his district, and also all orders redeemed by him since his last settlement with the county anditor, and take duplicate receipts of his successor therefor, one of which he shall de- posit with the clerk of the board of education within ten days thereafter. [71 v. 9, § 47.] Sec. 4050- The clerk of each board of education shall execute a bond, in an amount and with surety to be approved by the board, payable to the state of Ohio, conditioned that he shall perform faithfully all the official duties required of him; which bond shall be deposited with the president of the board, and a copy thereof, certified by the president of the board, shall be filed with the county auditor. [70 v. 195, §45.] Sec. 4051- It shall be unlawful for the clerk of a board to draw an order on the treasurer for the payment of a teacher for services until the teacher files with him such re- ports as are required by the state commissioner of common schools and the board of education, a legal certificate of qualification, or a true copy thereof, covering the entira time of the service, and a statement of the branches taught; Sec. 4050. Section note [1] under section 4043. Sec. 4051. The provisions in the act of March 18, 1864 (61 v. 31), that no person shall be "'employed " as a teacher unless he has first, obtained the certificate required by law, does not render invalid a contract for em- ploymei.t made with the teacher before he obtains the requisite certifi- cate, provided he obtain it before entering on the duties of* his employ- ment. School District v. Dilman, 22 O. S. 104. OHIO SCHOOL LAWS. 89 etc. Enumeration, Treasurer, and Clerk. Ch. 10. but orders may be drawn for the payment of special teachers of drawing, painting, penmanship, music, gymnastics, or a foreign language, on presentation of a certificate to the clerk, signed by a majority of the examiners, and the filing with him of a true copy thereof, covering the time for which the special teacher has been employed, and the specialty taught. [70 v. 195, §S 53, 94] Sec. 4052- The clerk of each board shall prepare the Duties of eierk as to statistics, annual report of the receipts and expenditures of school money, and the statistical statement in reference to the TEACHERS' ORDERS. Township boards have not the power to authorize toe giving or refus- ing of orders for teachers' pay, and snch orders need not be signed by the president. If an order is drawn for the illegal payment of a te icher, the remedy of the board is a writ of injunction. Each of these three documents muht be carefully liled by the clerk and handed over to his successor io office. An assistant teacher who has not a legal certificate can not be paid through an order drawn in favor of another teacher who had a certificate, nor can any uncertificated teacher, who is employed as a substitute, receive pay through another teacher. Section 4074 provides that " no jierson shall be employed as a teacher" who has not a legal certificate. It is the duty of the township clerk to refuse to draw an order for the payment of money from the school fund when he has satisfactory evidence that any portion of snch money is to be used for the payment of a teacher not holding a legal certificate. A legal certificate must cover the entire time of the teacher's service, must specify all the branches taught, and can neither directly nor indirectly be made to legalize another teachers ser- vices. Orders in hands of a purchaser. — An order drawn lis the clerk of the board of education, under tins statute, in favor of a third person or bearer, on the township treasure, is not negotiable, and a purcha8er takes such order subject to the same defenses that could be made against it in the hands of the payee. The State ex rel. Steinbeck, et al. v. Treasurer of Liberty Township. 22 0. S., 144. The written acceptance of such order by the predecessor of the town- ship treasurer, to whu'ii it is presented for payment, imposes no greater obligation on the later to pay the same, than he would have beeu under had it been presented without sujh acceptance. //*. 144. Sec. 40o5. Duty and liability of clerk. — The clerk of a board of education of aschool district is rt quired to perform the following duties, among others : 1. To keep a faithful record of all the official proceeding oi t lie board. ;. To keep a record of all school moneys received and disbursed by the board. 2. To draw and countersign all orders of the board for t fc of money from the school fund. 1. To certify the enumeration of youth to the county auditor, and to employ a competent person to take such enumeration, if the board fail to discharge their duty. 5. To prepare and forward the annual returns to the county auditor. 6. To certify to the county auditor the annual estimates of the board. (See Sees. 40:5t>, 4038, and 4061.) 90 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer, and Cleik. Publication of receipts and disbursements by clerk. Clerk to de- liverbooks, etc., to successor. How treasurer and clerk to keep accounts. schools, required of the board by section forty hundred and fifty-seven, and transnv t the same to the county auditor on or before the first day of October in each year. [70 v. 195, § 82.] Sec. 4.053- The board of education of each district, ex- cept city districts of the first class, shall require the clerk of the board annually, ten days prior to the election for mem- bers of the board and directors of sub districts, to prepare, and post at tne place or places of holding such elections, or publish in some newspaper of general circulation in the district, an itemized statement of all money received and disbursed by the treasurer of the board within the school year last preceding. [70 v. 195, $ 66.] Sec. 4054- Each clerk shall, at the expiration of his term of office, deliver to his successor all books and papers in his hands relating to the affairs of his district, including certificates, and copies thereof, and reports of school statistics, filed by teachers. [70 v. 195, § 84.] Sec. 405 5. The auditor of each county shall furnish to the clerk and treasurer of each school district in his county a suitable blank book, made according to the form prescribed by the commissioner of common schools, in which each shall keep an account of the school funds of his district; the clerk's account shall show the amounts certified by the county auditor to be due the district, all sums paid to the treasurer from other sources on his order, and all orders drawn by him on the treasurer, and upon what funds and lor what purposes drawn; the treasurer's account shall show the amounts receivedfrom the county treasurer, all sums received from other sources on the order of the clerk, and the amounts paid out, and from what funds and for what purposes paid; and a separate account of each fund shall be kept, and each OHIO SCHOOL LAWS. 91 Reports. Cb. 11. account shall be balanced at the close of the school year, and the balance in the treasurer's hands belonging to each fund shown. [70 v. 195, § 84.] Sec. 4056 The board of education may fix the compen- compensation of treasurer and sation of the clerk and treasurer ; the allowance made to clerk - the treasurer shall not exceed one per centum of the money disbursed by him on orders of the board ; but the treasurers of townshipdistricts shall be allowed as compensation one per centum on all sshool funds disbursed by them, to be paid on the order of the trustees of the township, out of the township treasury, and treasurers of city districts shall not be allowed any compensation for disbursing the school funds. [70 v. 195, § 49.] CHAPTER 11. REPORTS. Section 4057. Annual report by board of educa- tion 4056. In what form to be made, etc. 4059. Reports by superintendents and teachers. 4060. Duties of county auditor as to school statistics, etc. Section 4061. Penalties against auditor and clerk. 4062. When auditor to appoint person to make reports. 4063. Further penalties against auditor. 4061. Compensation of auditor. Sec. 4057. The board of education of each district shall Annual report by board of edu- make a report to the county auditor, on or before the first c&tiov - PAY OF TREASURER. Skc. 4056. A careful reading of this section, together with section 40-12, will show e posted in three or mote conspicuous places, at leasl >ix days prior to the election. Chapter 4, Sections 3916 and 3917.] * When two directors are to be elected, one for three years, and one to till the unex- pired term of a director who ba^ vacated his office, this fact should be stated in the notice. 126 OHIO SCHOOL LAWS. II. TALLY SHEET Of the election held in sub-district number , in the township of -, in the county of -, and State of -, on Monday, the day of April, in the year A. D. 18 — , to elect a director for said sub-district. Names of candidates. Tallies, showing number of votes given for each candidate. Total. We Certify That That — That That That And that — had had had had had had votes, votes, votes, votes, votes, votes. for director of said sub-district, at the election above mentioned. , Chairman, , Secretary, Judges. [The poll-book and tally-sheet must be signed, and delivered within five days to the clerk of the township. Chapter 4, Section 3917.] III. NOTICE OF SPECIAL SCHOOL MEETING. Whereas, the qualified voters of sub-district number , township, county, Ohio, failed to meet and elect a school director on the second Monday of April, 188 — , as prescribed by law ; Therefore, we, the undersigned qualified voters of the sub-district aforesaid, do hereby give notice that a special meeting of the qualified voters of said sub-district for the elec- tion of a school director,* will be held at the school-house [or usual place] of said sub- — noon, [at noon] district on the day of , 188 — , from to o'clock in the noon. o'clock in the Ukapter 4, Section 3919. * See note to form No. I. OHIO SCHOOL LAWS. 127 IV. MINUTES OF SUB-DISTRICT SCHOOL MEETING. Sub-District No. , Township, County, Ohio, : , 188—. At a meeting of the qualified voters ol said sub-district, held on the second Monday of April, 188 — , [or, if a special meeting, give other date'] was appointed chair- man, and secretary. Whereupon, said voters proceeded to elect by ballot, one director for said sub-district, for the term of three years [and one director for year, to till the unexpired term of ]; and upon inspection of the several ballots given at said election, it was found and publicly declared, that was duly elected [for the full term, and for the unexpired term.] , Chairman, , Secretary, Notk. — The clauses in brackets may be omitted when only one school director is elected. [See note to form No. II.] V. CERTIFICATE OF ELECTION OF SCHOOL DIRECTORS. , , 188-. To the CUrk of Township, Comity, Ohio : This is to certify that at a meeting of the qualified voters of sub-district number , township, held on the second Monday of April, lrib — , [or, if special meeting, give other date] was elected school director, for the term of three years. Witness my hand. , Clerk of Sub-District No. . VI. OATH OF SCHOOL DIRECTOR. On the day of , 166 — , personally appeared , and I then and there administered to him the following oath [or affirmation J : You, , do solemnly swear [or affirm] that you will support the constitu- tion of the United States, and the constitution of the State of Ohio, and that you will faithfully and impartially discharge the duties of director, in and for said sub-district, number , township, county, Ohio, according to law, and the best of your abilities. Director in said Sub-District, VII. APPOINTMENT OF SCHOOL DIRECTOR. -, 188 — . Whereas, , one of the directors in sub-district number township, county, Ohio, has resigned, [died, or refused to serve, or no special election was held, etc., as the case may be.~\ Therefore, I do appoint director in said sub district, who shall hold his office until the time of the next annua! meeting, and until his successor is elected and qualified. Clerk of said lownship. 128 OHIO SCHOOL LAWS. VIII. MEETING OF SCHOOL DIRECTORS. , , 188-, The school directors of sub-district u umber township, county, Ohio, this day met at , and legally qualified by taking the requisite oath of office. Whereupon was appointed clerk of said sub-district. On motion, it was voted to employ — as teacher, at $ — — per month, and that the next term of school commence, etc. Sub-District Clerk. IX. CONTRACT BETWEEN DIRECTORS AND TEACHERS. This memorandum of agreement, made the day ot , eighteen hundred and eighty , between a school teacher, of the one part, and , and , as school directors of sub-district number Towuship, county, Ohio, of the other part : Witnesseth, that said agrees to teach the public school of said sub-dis- trict for the term of weeks, commencing on the day of , eighteen hundred and eighty , for the sum of per ; and that for said services properly rendered, said and , as directors aforesaid, are then and there to certify in favor of said for the amount of wages dne him, as ascertained by this article of agreement. Witness nnr hands. Director*. X. CERTIFICATE FOR TEACHER'S PAY. To the Clerk of Township, County, Ohio : This is to certify, that , under a contract duly made and entered into, taught a common school in snb-districi number , of said township, from the day of , 168 — , to the day of , 188 — , in all weeks, at per month ; and that there is due him for said service the sum of . Directors. XI. CONTRACT FOE FUEL, REPAIRS, ETC. This memorandum of an agreement, made this day of , eighteen hundred and eighty . between , of the one part, and , and , as directors of sub-district, number , township, county. Ohio, witnesseth : That said r agrees to deliver at the school- house in said sub-district, on or before the — day of next, bushels of coal or cords of wood] of a good quality, at ■ — cents per bushel, or $ per cord. OHIO SCHOOL LAWS. 129 And said , certify in favor of said and -, as trustees as aforesaid, are then and thereupon to — , for the sum due for said fuel. Witness our hands, etc. Directors. Note. — All contracts made under section 3987, chap. 8, of the school law must be re- ported to the township board at their next meeting. XII. CERTIFICATE OF AMOUNT DUE FOR FUEL, ETC. — , 188—. ■Townshij),- ■County, Ohio : To the Board of Education of — This certifies that ber , township, - tered into, and that there is due him on said contract the sum of $- Witness our hands. has delivered at the school-house in sub-dietrict num- — bushels of coal, under a contract duly made and en- Directors. XIII. DISMISSAL OF TEACHER. Whereas, it has been represented to us [or we ha'se found] that , who has been employed and is now engaged in teaching a school in sub-district number , township, county, is negligent (or here insert any other sufficient cause) as such teacher, representation : Therefore, said — — And, whereas, we have become satisfied of the truth of said Witness our hands, is hereby dismissed as teacher as aforesaid. , 188—. Or : Whereas, we have been required by the board of examiners of dismiss , now engaged as a teacher in sub-district number - township, and county aforesaid, for the following causes : (Here set forth the causes :) Therefore, said is hereby dismissed as teacher as aforesaid. Witness our hands, , 188 — . Directors. - county, to Directors. 9 130 OHIO SCHOOL LA.WS. XIV. VISIT TO SCHOOL. This day the undersigned, local directors in sub-district number — — — , — town- ship, county, Ohio, in company with and , who were invited for the purpose, visited the school in said aub-district, taught by • , ai d the following was the result of the examination and visit: They found, etc. (Here set forth the opinion as to the management of the school, etc.) Directors, CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDUCA- TION. XV. NOTICE OF MEETING TO VOTE A TAX FOR BUILDING PURPOSES. Notice is hereby given by the board of education of • township, county, that there will be a special meeting of the qualified voters of said township at , on the day of — ' , at - o'clock -., to consider the question whether a tax of hundred dollars shall be levied upon the taxable property of said township to purchase a school-house site and to build and furnish a school-house lor for either of these purposes as the case may be'] in sub-district of said township, the erection of the school-house being, in the opinion of the board, necessary, and the rate of tax which the law authorizes the board to levy being insufficient for the purpose. By order of the Township Board, ■'■■•■ — * — ; Cleric. , — t 188—. [Chap. 8, Sec. 399 l.'J XVI. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOARD. Notice is hereby given that there will be a meeting of the board of education of- > township, county, on the — day of — at o'clock — . — ., at , to consider the question of ■ — , and other business which may be considered necessary to transact. s Clerk. — f 188—, XVII. CERTIFICATES OF ANNUAL ESTIMATES. To the Auditor of — County : It is hereby certified by the board of education of <■ township, — county, that the entire amount of money necessary to be assessed on the taxable property of said township, and expended therein, for school and school-house purposes, during the next school year, as directed in chap. 6, sec. 3958, is dollars, as follows : For continuing snb-district schools - $ For incidental or contingent expenses For building purposes For payment of teachers in oentral township school Total By order of the Township Board, ■ — ■ " — — — , Clerk. ■ , 188—, OHIO SCHOOL LAWS. 131 XVIII. CERTIFICATE OF ANNUAL ESTIMATES FOR JOINT SCHOOL. To the Auditor of County : It is hereby certified by the board of education of township, county, haviug charge of the school in joint sub-district number , composed of parts of and townships, that the amount of money necessary to be assessed on the taxable property of said townships, to pay the expenses of said joint school during the next school year, as directed in chap, ft, sec. 3961, is dollars, as follows : TOWNSHIP. For continuation of joint school... For payment of all other expenses. Total TOWNSHIP. For continuation of joint school.... $ For payment of all other expenses. Total $ The number of youth enumerated in September last, in the respective parts of the townships included in said joint sub district, was as follows : township, township, ; total . By order of the Board of Township. , Clerk. , 188—. Note. — In case the townships having territory in a joint sub-district are situated in different counties, a copy of the above certificate of estimates should be sent to the auditor of each county. XIX. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 1 Resolved by the Board of Education of Township, That so much of sub- district number — as is bounded as follows : (describe boundary), be transferred and united with sub-district number — . 2 Resolved by the Board of Education of Township, That sub-district number — is hereby abolished, and so much of the territory of said abolished sub-district as is bounded as follows ; (describe boundary), is hereby transferred to and united with sub- district number — ; and so much of said abolished sub -districts as is not herein united with snb-district number — , is transferred to and united with sub-district number — . This resolution shall take effect on the day of , 18 — . Resolved by the Board of Education oj Township, That so much of sub-district number — as is bounded as follows : (describe boundary), be cut off from said sub-district, and that so much of sub -district number — as is bounded as follows: (describe boundary,) 132 OHIO SCHOOL LAWS. be out off from said sub-district, arid that the territory thus cut off from sub-districts number — and — respectively, is hereby consolidated and formed iuto a new sub- distriol ami designated Bub-district unmber — of township. Resolved by the Board of Education of Township, That sub-districts number — and — are hereby abolished, and that the territory included in said sub-districts at the time of their abolishment is hereby consolidated andformed into a new sub-district, and designated sub-district number —of township. This resolution shall take effect on the day of , 18 — . NOTK.— When a new sub-district is formed the townshk board should call a meeting oi the qualified voters to elect local directors. [Chapter 4, section 3922.] XX. NOTICE OF ELECTION IN A NEW SUB-DISTRICT. WHBREA8, The board of education of township, county, did, at their Last regular meeting, the third Monday of , abolish sub-district number — (or sub districts number — and — ) and form from the territory of said sub-district, and bo much of sub-district number — as is bounded as follows : (describe boundary), a new sub-district, to be known as sub-district number — : refore, notice is hereby given to the qualified voters of said sub district, thus or- ganized and designated, that a meeting for the election of three school directors will be held at on the day of , from — o'clock to — o'clock ., said election to be conducted as prescribed in chapter 4, section 3922. By order of the Towuship Board. , Clerk. ,18-. Note. — Of the persons elected at such special meeting, the person receiving the high- est number of votes will hold his office until the third annual election thereafter ; the person receiving the next highest number until the second annual election; and the person receiving the next highest number until the first or next annual election. XXI. ORGANIZATION OP 1 A JOINT SUB-DISTRICT SCHOOL. KKSOLUTION OF BOARD TRANSFERRING TERRITORY. Hi-fi ilml by the Board of Education of "Township, That so much of sub dis- trict number — as is bounded as follows : (describe boundary), is hereby transferred, if the board of education of township concur in such transfer, to the said township for school purposes, to form with so much of said township as is bounded as follows : (dcifi rih, boundary), a joint sub-district, the school-house therein to be situated in said towuship. RESOLUTION OF THE BOARD RECEIVING THE TERRITORY TRANSFERRED. Resolved, That the board of education of township hereby concurs in the action of the board of education of township transferring so much of said township as is bounded as follows : (describe boundary), to this township for school purposes, to form with so much of the territory of this township as is bounded as follows: (describe boundary), a joint sub-district with school- honse in this township. X' > i k. — Iii case the sub-district is formed temporarily, or for a definite number of years, a clause to that effect should be added to each of the above resolutions. OHIO SCHOOL LAWS. 133 XXII. PETITION TO BOARD OF EDUCATION. [To be placed on file by the clerk of the board.] To the board of education of township, [direct.] , 18-. Gentlemen : We, the undersigned electors, residing in the territory hereinafter scribed, do hereby most respectfully pray your honorable bo>ly to establish a joint sub- district embracing the territory bounded as follows : (describe the boundaries and set forth reasons causing this petition.) And thus the undersigned shall ever pray, etc. [Chapter 5, sections 3931 and 3932.] XXIII. CLERK'S NOTICE TO MEMBERS OF BOARD. , 18—. -, electors and residents of sub district, or [districts], number - Dear Sir: You are hereby notified that a petition signed by township, or [townships], has been presented and filed, praying for the erec- tion of a joint sub-diatrict, to comprise the territory bound as follows : (describe the boundaries.) The board will meet on , the of , 188 — , at o'clock , for the purpose of considering the prayer of the petitioners. The presence of every mem- ber is desired. , Clerk. [Chapter 5, section 3933.] N. B. A notice, like to the above, with a slight change required, must be sent "to the clerks of all other boards of education having jurisdiction over any of the territory sought to be affected ; and such clerks, upon the receipt of such notice, shall in like manner give notice forthwith of the filing of such petition, and of the time and place of meeting to each member of their respective boards. [Chapter 5, section 3933.] XXIV. PETITION TO PROBATE JUDGE. , 188—. Hon. , Probate Judge of county, State of Ohio : Dear Sir : — We, the undersigned petitioners and electors, residents in the territory hereinafter described, do hereby most respectfully pray and petition you to appoint three judicious, disinterested men of county, and not residents of the town- ship [or townships or districts] to be affected by this petition, to consider the creation of a joint sub-district embracing the territory bounded as follows : [describe the boundaries.] And thus we shall ever pray, etc. [Chapter 5, sections 3934 and 3938.] 134 OHIO SCHOOL LAWS. XXV. APPOINTMENT OF COMMISSIONERS BY PROBATE JUDGE. , 188 -. Mr. • 1 Hear Sik :— By virtue of authority conferred by school law, [chapter 5, section 3938] ami in response to a pi tit ion on file in this office, I hereby name and appoint you a com- miasioner to consider the prayer of the petitioners— a copy of which petition will be laid before you— and you are hereby notified and directed to meet the other two coin- ii.rs, appointed for a similar purpose, on the day of , 188 , at o'clock at the school-house in sub-district No. , town- Bhip, county, [if not at school-house then designate the place] to consider the expediency of creating a joint sub-district, and report to this office the result of viuir deliberations. -, Probate, Judge. XXVI. REPORT OF COMMISSIONERS. 188—. Hon. , Prolate Judge of County, Ohio : Dkar Sir: — We, the undersigned commissioners, acting under your appointment and instructions dated the day of , 188—. respectfully report that we met agreeable to notice and after due deliberation and consideration of facts have granted [refuse, as the case may be~\ the prayer of the petitioners, and have [not] established a joint sub-district, a plat and boundaries of which are hereby submitted, and have designated a site for a school-house [if there is no school-house within the boundaries given.] Commissioners. [Chapter 5, section 3941.] Note :— Forms XXII, XXIII, XXIV, XXV, XXVI, may easily be varied to apply to the " creation of an additional sub-district, or for changing the lines of sub-districts, or tor the creation of a special school district, or for changing the lines of special or village districts, and adjoining sub-districts." [Chapter 5, section 3946.] XXVII. ASSIGNMENT OF SCHOLARS TO CENTRAL HIGH SCHOOL. The board of education of towDship, county met this day and assigned the following scholars to the Central High School : From sub-district No. : A. B. CD. * Etc. From sub-district No. : E. F. G. H. Etc. (The assignment from each sub-district being specified in like manner.) By order c " the Township Board, , Clerk. OHIO SCHOOL LAWS. 135 XXVIII. APPOINTMENT OF LIBRARIAN. -, 188— township, county, has this day The board of education of appointed to act as librarian, and to take charge of the school apparatus of said township, for the term of year. By order of the Board, -, Clerk. XXIX. BOND OF LIBRARIAN. Know all men by these presents, that we, bound unto the State Ohio in the sum of and -, are held and hundred dollars, for the payment of which we jointly and severally bind ourselves, our and each of our heirs, administrators and assigns. Sealed with our seals this day of , eighteen hundred and eighty — . The condition of this obligation is such, that whereas, the board of education of township, county, on the day of , eighteen hundred and eighty — , appointed and authorized said to act as librarian and to take charge of the school apparatus in district No. of said township. Now, if said shall faithfully, honestly, and impartially, and in accordance with such rules and regulations as may, from time to time, be prescribed by said board, discharge his duty under and by virtue of said appointment, for the term of year, and until his successor shall be duly appointed, then his obligation shall be void. , [seal ] -, [seal.] Attested No. XXX. ORDER ON TOWNSHIP TREASURER FOR TEACHER'S PAY. , 188—. To the Treasurer of Pay Township, County, Ohio : dollars for services as teacher in sub-district number , of said township, from , 188 — , to , 188 — , in all weeks, at per . Received on the above order, urer, the sum of dollars. 188—, of Township Clerk. -, Township Treas- -, Teacher. 'This bond is authorized but not required by law. 136 ohio school laws. XXXI. ORDER ON TREASURER OTHER THAN FOR TEACHER'S PAY. , 188—. No. . Jo the Treasurer of Township, County, Ohio: 1\ IV , or order, dollars, for (specify for what purpose the money is luiitl^ from the contingent school fund (or from the school building fund.) By order of the Township Board. , Clerk. I • Received on the above order, , , 188—, of , Township Treas- urer, the sum of dollars. XXXII. FORM OF DEED. This INDENTURE, made the day of , one thousand eight hundred and between and his wife, of the couuty of , in the State of Ohio, parties of the first part, and , as township board of education of the township of , county and State aforesaid, party of the second part, wit- nesseth: That the said parties of the first part, in consideration of to them duly paid before the delivery hereof, have bargained and sold, and by these presents do grant and convey, to the said party of the second part, its successors and assigns forever, [htrc describe the premises'], with the appurtenances, and all the estate, title, and interest of the said parties of the first part thereiu. And the said parties of the first part do hereby covenant and agree with the said party of the sf 5ond part, that at the time of the delivery hereof the said parties of the first part were the lawful owners of the premises above granted, and seized thereof in fee simple absolute, and that they will warrant and defend the above granted premises in the quiet and peaceful possession of the said party of the second part, and its successors and assigns forever. 7»i witness whereof, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. Sealed and declared in presence of . [seal.] . [seal.] The State of Ohio, County : Personally appeared before me, and his wife, grantors in the above deed, and acknowledged the same to be their voluntary act and deed ; and the said being at the same time examined by me, apart from her said husband, and the contents of the above deed made known to her, she there declared that she vol- untarily signed, sealed, and acknowledged the same, and that she is still satisfied there- with. Witness my hand and seal, this day of , A. D. 188 — . Note.— The board should carefully investigate the title to property before purchasing, and no school-house should be erected until a satisfactory title is obtained. The property should be declared in the corporate name of the "Township Board of Education," and not in the name of the directors. OHIO SCHOOL LAWS. 137 XXXIII. FORM OF LEASE. This Indenture, made the day of , one thousand eight hundred and , between , of the county of , in the State of Ohio, of the first part, and the township hoard of education of the township of , county and State aforesaid, of the second part, witnesseth : That the said party of the first part, for the consideration hereinafter mentioned, has demised, granted, and leased, and does hereby demise, grant, and lease, unto the said party of the second part, its successors and as- signs Ihere describe the premises], with all the privileges and appurtenances thereunto belonging. To have and to hold the said demised premises, with the appurtenances, for and during the term of from the day of ; and the said party of the second part, for itself and its assigns, agrees to pay the said party of the first part, for the said premises, the annual rent of dollars, in quarter yearly install- ments, on the day of , respectively. In testimony whereof, the said parties have hereunto set their hands and seals, this day of , A. D. 188—. In presence of , [seal.] , [seal.] Chairman of the Board. , [seal.] Clerk. State of Ohio, County : Before me personally appeared , grantor in the above instrument, and acknowledged the same to be voluntary act and deed, for the uses and purposes therein mentioned. In testimony ivhereof, I have hereunto subscribed my name, this day of , A. D. 188—. Note. — If the lease be for three years or more, it must be acknowledged, attested by two witnesses, and recorded. If for a less term, it need not be executed with these formalities. The time of paying rent may be filled up according to contract. The con- sideration may be money, or anything else, and the form varied accordingly. 138 OHIO SCHOOL LAWS. CHAPTER III.— ENUMERATION FORMS. XXXIV. ENUMERATION OF YOUTH IN SUB-DISTRICTS. I. Enumeration of youth between the ages of six and twenty-one years, residing in sub district number township, county, Ohio. Names of parents or Names of white youth. No. of section in guardians. Male. Female. which youth reside. Names of cc lored youth. RECAPITULATION. Number of white youth Male, Number of colored youth Male, ; female, ; female, ; total, ; total, We hereby certify the above to be a correct list of the white and colored youth in sub- district number , township, county, as taken between the first and third Mondays of September, 188 — . Directors. -, 188- Note. — This form is to be used in taking the enumeration of youth in sub districts, no part of which is in the Virginia Military District, the United States Military District, the Western Reserve, or an original surveyed township or fractional township to which belongs section sixteen. 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S o >a CD 43 o CO CD a o3 CD IS a CD Em . -d '• d • © ! >» ; -d • £ : o ■ 1— 1 • CD i— < • © I I CD ■ ! <« ! . © 1 CO ' i I < * 3 i 4= o cS c« 43 -U o o CD CD aa CD CD Em Em CD CD o D H M o ■•2 S d 2_ CD « 1^ te © o o ;- f-c CD CD a a p p 00 .5 o 43 .© P • o?§ • I— ( >-l p co ,p PS p a O 05 "w i © — ' (-1 o . © I ©TO -©■2 ® S< rgco «M P o — -ts co a ^» H O ^ O M cS^ CD "* « a _ += © CO o« ©+> •d P +3 © >.© "-P "£ ti © © ^3 Is >i © £ =8 ©^ ^ >, o o 00 QO u © a © ©. © CO © i © ?-d ^« p. 2 CO •§§ "B » .- ° pS §3 8 k£ o o to —J ©-^ g ^ ° fl © O 43 ■^=8 2 00 © p ^ o.2 »43 "P >3 O ^j, ^1 43 O ^, 43 "^ © * £ J --a ^4lg re® | +=- *> "a ©^ © © ,p >■ 43 -; (- «8 © 4= a m © eg — 'u a * ■S n 2 O-d-C ^fe ° ^ o t, l!° 3P« ^3 © a © •- ^4 43 t-i -> — -"-3 n A o .2 ©V© - '3d a ^ t-ro © ►> d -g SBo CO ^ 43 © © 7Z •d ©-i^3 CO lL £S/ a ^^ 'd 2 2 43 CO © * P 0, P .d d 53-S © 05 CO ^a © ^ c«a S3 3© •3 © co >> 140 OHIO SCHOOL LAWS. H i—i Q P <1 H as P o o o H M as H o cu M CO O H fc O CO 55 03 P a 55 O i— i •* .a = - • 5 ©a &S §- 5 § 43 X (a © a © i © q.a I- ■S-S i -= 00 . fl to 93 > - © 3 x © 43 ? © t>3 3D 43 U C © s © P S3 4* (-i '2'^ 2 © !♦-•© P 2 * ■a o £•- © 3 fc to 2 -a o « o = — © 2 a © 43 O h — 3 < © a u © a a © ■• -^00 ©-* 43 „ © .a £2 a © © — '— © a «M 3 © * 1 r * i* Pi r a, H * 1 1 I * 1 M r * 1" P4 r a. H Whole No. of white and col- ored unmar- ried youth of both sexes be- tween the ages of Hand '21 y'rs meaehsub-dis- trict. 43 3 © © U _© "© © o u © -= S s 55 IS 43 o H © a © ft © .a 4= a o © 43 © © a 3 55 "3 43 o H © a © ft © "3 a 1 a id © t © a © a a 55 > 43 © "G 43 5 i ■3 CO m so . — 1 3 43 o a tc e8 I 00 oo © -is b © .Si E^ 43 O © Si (H O © © r© a © © © .a 43 © © o a-^J «-£ a •2 2-§ ~©3 t^.'a 5 «M © rf» © J3 « a uH « t- © 3 js ^S (j 3 cc « o 3 e - C«43 fe 43 ■— © fSa- 13 •sS © "3 t» a- >, JS co ^ " 43 "3 © 3 43 t3 a P © S-, © 3 cd — a 33S" a 43 §.S« « 2 nr, °° 5 © => gdS J J *9 -3 «, 43 © © rfS 43 SIS "" a- £<£, l.s's-a © ^ x « f 2-ge bC » =-^ c5 c *^ ID (S2 Q.2.2 nr 3-a o ® 3 ^3 a 43 _ 3 3 5 >> 'blo^^ o 4a a o.2 2 n .a — ; +3 o © • U 43 =0.3 3^ «- S£ 3 © ^ ^ ^, © « -a a-a t*. 43.2 43 ^ a o. a © -" O 3 ^xj _, © = o-§ » © •^ © s 2aS ?^| © © 2 43 o a „ .2 k ™ ■ 3 © — i t3 «."S « © u^ 2 © a a *3 3 « « © M 73 ^h a C « -^ - © 03 ib 3« -h M3 a aj 3 u TS J oo a — m «»-" ? if 2 * ^> •- o © ,-a js oo a 3 3 ©j -1- a o©|-g.2 rt — \-j U 43 • — , g 2 5 ^ © ^ .2 ^ o2?tc« ^ *S.2 fe 3^S © t> — ' _43 5 4h3cO 43 | p q^-j-C on s ©-a ©£? -^ 2 2 -+3 O ©^5 2 o 43 u c ?iS3£ 5 © 33 © a s aa ■£.* B-* 3 - 13 © GO .a o t- - o © -*°. to , ■ 2 3 §^* r . 5 -2-5 S8 3 *5 o It 4-- | g g .2 5 -a „ © © s . 6< S * 3^'S a^ R-S 3^1 (h © a o a 8 ® a -° 3 © td35 3 5 «-*2 © M co >i : ' m © © 2 05 43 -a 4= a; 3 © w© 2< 4H 'd ©t> © T3 CO K H o >5 .2 o « a a © °a a ►»•■:« ©^.2 ^ o to *r^ ^ o-o a g e ^ © - © £ ® 03 © ^ © u ; r 1 ? a © © © a S OHIO SCHOOL LAWS. 141 a ® ® ► -fi > 1-1 t3 O v o M w c8 o a m p to p © 6 O -p - a a a °<~ o f ° o 00 © 00 +a fa !-H e3 o jTqq o « ,fi w o o o O H-l a r/; .5«H CO a SS 1 s§ ■s ® w ££ H « * J <3 © P H £'£ CO +> *a O P > H O t: p -2 T3 >— i 3 so H +a - <1 Pi - D3 fa Cy X m c3 S •2£ P ^® II Eh n It -e ® ^ x > M '■a *= P 4) 13 fa P M - $3 ao CO £«- « ® GO O -P ® H i— i a w fa ^ ® P - ,p < p o i— i h-< 03 >■ t+ XI ® a 3 M P IS <4H O -»a o e3 u ■*3 GO .P < Number in Connecticut Western Reserve. Number in United States Mili- tary District. I Number in Virginia Military District. Whole number of white and colored unmarried youth, of both sexes, between the ages of 6 and 21 years in each township. No. of colored youth. GO CO a a ® fa DO rP +=> P o ® O 6 to o ,P i • GO « I— 1 73 a CO fa GO CC 'cS a Names of townships and separate school districts.* 50 o 3 00 « ■*-> e3 P "St C3 o 1 1 GO .2* GO P o ® ® C3 Pi Ov GO P CD > ■ — ® ,P r3 'p o A GO GO Si +2 O o rP u GO ® -t-> cS M c3 Pi ® GO Sworn to before me and signed in my presence, on this — day of A. D., 18—. of said board. XLI. CLERK'S BONDS. Know all men by these presents : That we, ■ — aa principal, and — as sureties, are held and firmly bound unto the State of Ohio, in the sum of dollars, to be paid to the state aforesaid, for the payment whereof well and truly to be made, we jointly and * Here write "village" or " special," as may be. t The oath may be administered by the clerk of the board, or any of its members. Here write (using correct name) " A. B., clerk (or, a member) of the board belovj named." 144 OHIO SCHOPL LAWS. severally biud ourselves, our heirs, executors and administrators firmly by these presents. Sealed with our seals, and signed by us this day of A. D. eighteen hundred and — . The coudition of the above obligation is such that, whereas, the said has been duly chosen and qualified as Clerk of the Board of Education of * District of , in township, county, and State of Ohio, for the term of one year from the day of April A. D. 18 — , and until his successor is chosen and qualified. • Now, if the said shall faithfully perform all the official duties required of him as Clerk of said Board, then this obligation will be void: otherwise it will be and remain in full force and effect. [seal.J , [SEAL.] , [seal.] . The sureties on the above bond, and its amount, approved by said Board. Attest : > President of said Board. > Clerk of said Board. The State of Ohio, County, Township, ss. : Before me, t personally came , who, being duly sworn according to law, says that lie will support the Constitution of the United States and the Constitution of the State of Ohio ; and that he will faithfully discharge his duties as Clerk of the Board of Education of the * District of , in Township, County, Ohio, during his continuance in said office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on this day of A. D. 18—. •of said Board. XLII. TOWNSHIP CLERK'S BOND. Know all men by these presents : That we, as principal, and as sureties, are held and firmly bound unto the State of Ohio, in the sum of dollars, to be paid to the state aforesaid, for the payment whereof well and truly to be made, we jointly and severally bind our- selves, our heirs, executors and administrators firmly by these presents. Sealed with our seals, and signed by us this day of A. D. eighteen hundred and — . The condition of the above obligation is such that, whereas, the said has been duly elected and qualified as Clerk of Township, * Here write " village " or "special," as may be. tThe oath may be administered by the outgoing Clerk of the Board, or by any of its members. Here write (using correct name) " A. B,, Clerk (or, a member) of the Board below named. OHIO SCHOOL LAWS. 145 County, and State of Ohio, for the term of one year from the day of April A. D. 18 — , and until his successor is elected, or appointed, and qualified, and is therefore ex- officio Clerk of the Board of Education of the township district of said township. Now, if the said shall perform faithfully all the official daties required of him as clerk of said Board, then this obligation will he void; other- wise it will remain in full force and effect. [skat..] 1 [seal ] , [SEAL.] • The sureties on the ahovehond, and its amount, approved by said Board. Attest : President of -mid Board. Clerk of said Board. The State of Ohio, County, Township, 88. : Before me, -, Clerk of said Township, peisoually came , who, heing duly sworn according to law, says that he will support the Constitution of the United States and the Constitution of the State of Ohio ; and that he will faithfully dischaige his duties as Clerk of the Board of Education of the Town- ship District of Township, County, Ohio, during his continuance in said office, and until his successor is chosen aud qualitied. Sworn to befoie me and signed in my presence, on this day of A. D. 18—. Township Clerk. XLIII. REPORT AND CERT1KCATE OF SCHOOL FUNDS IN TREASURY. We hereby report and certify that we this day, in the presence of the clerk of the board, counted all the money, bonds and securities in the hand of , Treasurer of township [or disiiict] and find the sum of dollars [and bonds and other btcurities amounting to dollars] of school funds in his possession. In accoi dance with the above facts, and in compliance with law, we hereby certify that the said sum of dollais [and bonds, etc., in value amounting to dollars] school funds were in the treasury on this day of , 188 — ; and that we have directed the clerk to enter upon the records of the board a copy of this repor (Signed.) Hoard [or Cow mi lite ] Attefli , President. , Clerk. [CiuipfeT 1", secuoti H'4-l ] 10 146 OHIO SCHOOL LAWS. XLIV. FINAL RECEIPT OF TOWNSHIP TREASURER. Re< rived, -, 188— of ■ -, late treasurer of county, the following moneys and school property, to-wit : being part and parcel of the fund, also, etc. township, — dollars. Treasurer. XLV. FINAL RECEIPT OF TOWNSHIP CLERK. Received, -, 188—, of -, late clerk of township, the school money account-book, the record book of the township board, the copy of the school laws, the certificate and reports of teachers required by law to be filed in his office, and the other official books and papers rel itiug to schools, in his hands. Clerk oj said Board. [Chapter 10, section 4054.] Note. — The incoming clerk should be specially careful to receive all the books and documents specified in the above receipt. This form can readily be altered to answer for anv other district. OHIO SCHOOL LAWS. 147 W H GO >— t w i— i w O a ® d bC _a "3 a 9 s a o o a u 9 "3 ® <2."o „ o •I" ^a 11 oh O -go P-x o EH C •z o C 4^J X Q J: 3 X « e3 P •jagsqB j£up i^aox . — i •4U98djd Sif'Bp i«ao,T. -ici-p) r- (^ oj -x> o> -J -H ,—1 ^n^:4 -pi , OiBMf to ■ H i— 1 i— ( t— 1 r-l i— 1 1 iC rj< ^ iff rt> lO i~ ■^ tfl T < 3S 02 •: : • • it • i ■ X fa H X « M X X X x~^ 1 ~ 1 « XI W X X X XXX • |£ i ; X X X X XXX iQ H M M x ■ X X XXX 1 >*rC < X tt x * X X I K~~ 1 • 1 ' ** ifl — 4 m in UC CM "» Li -l X X X X £ xS X .— 1 TO H X X X x ; x x x x £ |fc S X ; X X x-- X X X X k 55 7< E-H H X £ XI H X X X X X X x | 5) N 1 * MMHMM HM«^ N 1 1 March. o ^ ^ o in pt oo os CO 50 : : ; : : fa x x x x ; XXX \ X X H M« V ; X ~~ X \ X X £ M M X X v, y, a y, ■ ■ 1 : 1 H X M X ■ ; xs**~ • X ; • i : 1 3 x x x x ; XXX ; X ; ■ i : 1 ■<* cc tt ro • l-; n is: ^ (MM 2 |» ::'::: :•:::: • i : 1 5 I* * ; r^X • x x x x • • — 1 :_ "" : x x '• « « xi x • • i : 1 — . 1 K^ ~~ x x x • xx xx • ■ - 1 H K X X .; • X 'x X '; '• • i : 1 S i^ j * X M • ; X \ X X \ \ : 1 •9Sv X • ~ TC C5 LO Ot-VtXH mSK ?C 1 Days present | Days absent. 30 X 03 H OS CO i t . © — .2 — — 5^4fafa 1 : : ® ■ ' u ! ' r - — ~z — i- r* ® 5 * r s - 1 rf 1 *- ^, M x _. — — " ,- -, - =« +s 'ON 1 r1(MO ■) "* IT. ^ © X ^^ "S ~ "" 'S. a i 2 o o* o- 21 n « *i S.— = -o le lin resen at a f eac — s So "■S n obli e was cates uality O T3 o e ^•^^ « « ;« j a • O. ~ *" O 03 .^o,, a H X 2 d-! P c8 O ® o-o -o- 2 t- o 5 'o' o a 09 ® s «^^: g-o S a ® * T"5 !H .^ X *^ _ O > X 43 c a'n »» <» o - X-X i, s >» ^ s *3 -a ** ^ c3 3 a (h : •S § c - J te O a _ ^ 2,„Ch S 8 03 ® 5 ' - -a ® 2-a^ ?^ r ^ c _li, cj *"* a 2 - le 8 ® ■= a o o a 4> n o c S += CD -- V = X r. ® a £ '5 a o o P +3 a ® X £ Eh « .— o a ® ® ® — -2 a ® — M P -r (H 53 — - = S3 »« fl ® c ^^ a 7J 03 « — i X 1 CLi — if V „ a 'x a C 00 X — J. a 43 ® > 4= 83 - u 9 X S ® a 43 Z ce +J - = t»> EC o .-^ a ® r. *- 03 — o *3 o 5f ® +3 O C - ^ a - a P- 2 j. *- t3 ® > - o is & >. ® — - rn 43 >.^; OS ® — s — p. a- os -- ® 3 ® 3 — ® E -_ -L3 • •* £ r 1 — a is s3 O - a ® — +3 ® 43 O E Z ~ >5 S3 — « [J *- T. — 03 &■ — « — 14* OHIO SCHOOL LAWS. XLVII. TEACHER'S Term Register of Sub-District School No. , , For tbe term commencing — Term OF Names >i' pupils. < O o o r2 CD u ft CD >» e3 o 6 3 ■CD CO .3 CO 13 «H o 6 Pupils enrolled previous term. (See "Direction" 4.) Branches S5 CD .3 c8 -3 ft 5 3 9 OS tic _3 ^— « "cD ft 02 he 3 "+» 'C Male. X .... -- -- ! 1 ... ' Totals ! 1 DIRECTIONS To TEACHBKS. 1. Names of pupils — Arrange the names of pupils in alphabetical order, with at least one blank line between the names of the two sexes. 2. Day* presen I . — Write in this colnmn the number of days each pnpil was in attend- ance during the year. '.\. Dny- absent. — Report only the number of days the pupil was absent while a mem- ber of the school. Do nor, count tin* days before he entered nor after he was withdrawn. 4. Pupih enrolled previous term — If th* report i-» made lor th« Beeond or final term of tbe school year, place a check-mark (x) in thi* column opposite t hi> names fit* all pupils enrolled the previous term. If the report is made for the firrtt renii of tbe school year. this column it not to br filled, sine- th the current year. previons term in that <•#!*> would not l»e in OHIO SCHOOL LAWS. 149 TERM REGISTER. -, Township, 18 — , and endinp- School Year. - County, Ohio. -, 188—. of study pursued Remarks. o o g Si is 'u "3 a ® e g .a +3 "E a XI P. - — be O a> cS g s c8 h bC Si •2 a 00 a o to IE 08 "3 O a ao O g o bt d on g o o >> h O 00 3 DO & £3 CD be 5 • General summary. No of pupils enrolled. Male. Female, j Total. ' — — ■ ■ - _ No enrolled previous term. (For 2d term.) Male, j Female. Total. ■ — — — Average daily attend' ee. Male. Female. Total. Average daily absence. Male. Female. Total. Average age of pupils. Male. Female. Total. Name of author of test- book. Readir Spellir Writin 5. Branches of study. To denote that a pupil pursued a given branch of study, place a figure one (1) in the proper column, opposite the pupils name. If he pursued the same study the previous term of the current year, place a figure two (2) in the proper column. Under the head of " alphabet " mark those pupils that received their first les- son in reading, whatever the mode of teaching. By " oral lessons" is meant all regular oral instruction, whatever the subjects thus taught ; book lessons are not included. 6. Rule for finding the average daily attendance. — Add together the number of days the different pupils were in attendance, and divide the sum by the number of days the school was in session. The average daily absence is found in a similar manner. 7. Rule for finding the average age of pupils. — Divide the sum of the ages of all the pupils by the number of pupils. 150 OHIO SCHOOL LAWS. a cB s M h- - O i O H O PU « 02 Oh K w o W Eh a .— a P s> a a o a CD += CD ja ♦a M s .2 3 I o to o2 3.9 Is o o o •-- — co -P a 02 O o ■g '■s (-1 o ft ® Remarks. Average daily absence — Male, i; female, i; total, 1. -P co P co H P ft t>» P CO (H o co CD .P o a c3 u eq •■BjqsSfv •jflO+Spq a "fi oienm rBOOA rH HHri 1-Hr- IHHl- It— 1 ! o 1 "H •Suimbjq CM — 'CM O* ■ CM H iH i 1 ^ •uoi^ieodmoo '• ! ■rj \reniure.iS i[8it9ag; I— 1 • rH CM CM M •jfqdBjSog^) !l3*t-lrH M CM • a • M o» «-h m : C^ CQ rH(M OS •Suniedg CM rH rM *M rH CJ rH l CM •^U989jd e^up jo -oj«j •>. r- o co a> oioco^'*o rtr- 1 .— 1 CXHHHr- 1 rH rta CO rH •9gy CO rH rH Names of pupils. . a §>£ a a Ot a - < i l PC c - - *- I 5c • 5 s > 1 » C5 s a CB 1 4 i C "E (- se o •p- : < if >- 1 I • CD PQ -P s c3 02 OE r— C Eh •ON 1— -ri « -r u-: cc t>- 00 a o I-H H CD -"J -rS CD 3 ^d +3 d a o'.^ a^ eO Tt rH CD ►» ^3r= fe^ «a H >> P CO ccs CD CD i/i IH ^i -*H nfi CD M r"J 4- OJ a o ■i-j — • ft CD a P o IT CJ CO ^ CO § fH ■ — i CD p T3 4h U O ■* P co oj += CD --H U ♦a o s -r< IT) rP rO 4H cu u CD GO CD r-l CD C ♦a P. CD a rP CO P is CD u ^ -rJ CD CD a rP •r- -P y ^P rt +=1 M ES T3^ CD p '-P CD 1- Ti C3 P U as d P P o o r^ CD CO TH CCS t5 a CD . — i CD CD r^ CD J CO H p a rri CD IH O o t> Pi U C CD IH ■fl ro OB .fl rPrP H IH 1 1 V- Ph IH CD * rH cc cu OHIO SCHOOL LAWS. 151 o Ah w K <1 M H Q O i— i a & H o H •en^'BJ'Bd -dtt jo eniBA «=> •spnnoaS pn"B gsnoq fooqoejoaiiH! \ «©= (•ou jo a^x) i'jouaeip-qns A'q pop.uioq J9qOB91 SS^V 6 'onvjdj3qo , B9i JO S9§«At CO •5199A4. •B ni sX'ep pooqos jo •o^i m • U018898 ui 8«ay T.ooqos 8J{99Ai. JO 0^[ rf •sjidnd jo 9S« 0§E.I9Ay so o i— i -a a eg 43 43 c3 ■— i eg "3 eg ^§ o bo eS i-l CD > < ■a H S ft i CD •** CO No. of pupils twice enrolled. (Direction 5.) S3 ♦a O EH i> CO 1—1 S3 a eg ft >* '3 M eg c a o GO ft a o 6 "3 43 O EH <— 1 1-4 eg 3 a eg ft o eg 3 LO c o GO I— 1 d 4= eg 43 CO - — Q I a 00 o o M I H ft Q S o <«■ ft CO I— I & Ah ft o AS ft « M G ft- EH !* Q & H CO ft O CO ft K o * TT SO t~> O to a a. 2 CO 2& 1 00 2 a a E. 7 s o o.„ fl » — ' ft S-T2 .^ S3 O 03 M O ti o • OOQ>-t3- iO ^ CC T ?> HHHaSfflOf eg .2"-S 43 eg a 3 ^3 +3 *r^ . cei •- ri >> ^ ^ • ■ -i;«jcc 2 bn be &r '" a 9*ja =53_2 2 * ft S3 Z ® a •*-i i es eg bfl eg S3 eg ft « ti o M eg eg 33 a •~* eg 43 eg U CO O ft so eg a — o eg 43 > eg o eg -o t-> c« -a eg t-. J o H [* 152 OHIO SCHOOL LAWS. TEACHER'S REPORT TO THE TOWNSHIP CLERK— Concluded. DIRECTIONS TO TEACHERS. 1. School Year. — The school year begins on the first day of September and ends on the last day of the following August. Two terms (or quarters) of school are usually taught each school year in each sub-district. The second term should close on or before the last day of August. 2. Xames of Pupils. — Arrange the names of pupils in alphabetical order, with at least one blank line between the names of the two sexes. 3. Days Present — Write in this column the number of days each pupil was in attend- ance during the term. 4. Days Absent. — Report only the number of days the pupil was absent while a member of the school. Do not count the days before he entered nor after he was with- drawn. 5. Pupils Enrolled Previous Term.— If the report is made for the second or final term of the school year, place a check-mark (X) in this column opposite the names pf all pupils enrolled the previous term. If the report is made for the first term of the school year, this column is not to be filled, since the "previous term" in that case would not be in the current school year. The number of pupils' names thus checked (X) should be entered in the "Recapitulation and General Report," in the columns headed "No. of Pupils Twice Enrolled." 6. Branches of Study. — To denote that a pupil pursued a given branch of study, place a figure one (1) in the proper column, opposite the pupil's name. If he pursued the same study the previous term of the current school year, place a figure two (2) in the proper column. In making a report for the second term, give in the columns headed "Both Terms," the number of pupils that pursued the same study both terms of the school year. An occasional exercise in a given study should not be considered. 7. Alphabet. — Under this head report the number of pupils that received their first lessons in reading, whatever the mode of teaching. 8. Oral Lessons. — Include all pupils that received regular oral instruction, whatever the subjects thus taught; book lessons are not included. 9. Remarks. — Opposite each name enter a "remark," stating from what school the pupil was received, if registered in another school in the same township or district, at any time during the school year; or what school he entered, if transferred or withdrawn during the year. The object of these remarks is to show in what school the pupil was last registered. 10. Rule for Finding the Average Daily Attendance. — Add together the number of days the different pupils were in attendance, and divide the sum by the number of days the school was in session. The average daily absence is found in a similar manner. 11. Rule for Finding the Average Age of Pupils. — Divide the sum of the ages of all the pupils by the number of pupils. 12. A School Heel- shall consist of five days, and a school month of fcur school weeks. (Chap. 9, sec. 4016.) 13. Teacher's Board. — If the teacher "boarded around," or if his board was paid for by the district in addition to his wages, the answer to the question on this subject will be "yes;" if the teacher boarded himself, the answer will be "no." 14. School-houses and Apparatus — An estimate of their value can easily be obtained of the directors of the sub-district. Report to the township clerk, on a separate piece of paper, the condition of the school-hou.se, school furniture, and school apparatus (outline maps, etc.); also, the repairs needed. OHIO SCHOOL LAWS. 153 •ipaA*. « ai sXsp pjoqos jo jaqniuj^ 1 ; Number of weeks schools were in session. • •tuJ9j ps .; •au9} qsj Average daily attendance. '2B9A* aqi aoj p;o lL •9CBII19J •0FR •uua; paoo9g •o(tmtaj •9[BH •111.13} ^SiljJ •oreina^ •9IBpi 1 T3 99 "o M a o -00 & 3 « -3 s SZ5 (•eaoi;o9Jip 99g) 4a9ni[pD.iU9 9XUX •9(^019^ ■9IT3K (•saoi}09aip 99g) •p9n°JCI9 90IM.J[ •g^traj •9I«H •JB9j£ 9q^ JOJ itjjoj, •9(13019,2 1 •9[BPV[ •niJ9} pnoo9g •9^019^ •9[BH •au9} ^eiij •9^ni9^ i ®I«W oo o 'C 4= CO ■ ^- J: SO -4- c + 6 1 5 > e :r ■ > • . « ■ I c . . - lot • 2 J • — set . ^ ( * , 3 . 3 . 3 • 3 ■ 3 • : : i ; ij 3 S3 SCO l«d 3 S3 3 O JO + C - 3 > i 154 OHIO SCHOOL LAWS. TOWNSHIP CLERK'S ABSTRACT OF m u CD o ■— ' Was the teacher boarded by the district. (Yes orno.) Value of school-honse and grounds. an a ce t-i m ft a, o CD IS > No. of different persons em- ployed as teachers. (Di- rection 7.) Sub-districts. Wages of t€ per mont weeks.) Alphabet. Reading. a* CD -(-^ CO 1— ( g" Eh CD -w "3 Si Twice re- ported. a Ch CD +i 43 D •-H a* H CD +i CM i . "3 CD Eh Twice r ported " " 2.... " " 3 it k 4 . German aud English school Total .... DIRECTIONS TO TOWNSHIP CLERICS. The first step in preparing the annual "report of the board of education to the county auditor," is to make a complete abstract of the teachers' reports of the several sub-dis- trict schools. To aid township clerks in making such an abstract, the above blank has been prepared, with separate columns for each term or quarter, and also for the year. The reports of the school in sub-district No. 1 should be copied on the first line ; sub- district No. 2 on the second line, etc. In case there are two terms of school during the year, the report of the first term (fall or winter) should be copied in the several columns headed "first term," and the report of the second term in the column headed " second term." The returns for the two terms will give the " total for the year." OHIO SCHOOL LAWS. 155 SUB-DISTRICT TEACHERS' REPORTS.— Concluded. Number of pupils in each branch of study. (Additional columns may be rulod for other branches, if needed.) Spelling. Writing. Mental arithmetic. Written arithmetic. Geography. English grammar. a u a u -- For sites, buildiDgs, and repairs - For fuel and other contingent expenses - Amount paid to other townships for support of joint sub-district schools.. .. - Names of adjoining tpu. State funds. Tp. tax. Total. Total expenditures Balance on band September 1, 188 — OHIO SCHOOL LAWS. 1 37 (J '8 ( l UOlJ09Jip 99§) JB9£ »qi Saijnp uois -898 Ul 9J9AV 8[OOqOS e^99AS. jo .i9quiu>i 'I •sqjpgjp -anu •8il99AV (•y uoii -09JIJ- 99g) - BJ9qOB9} p9piB0q i^q^ s+ou+Bip-qns jo jgqain^ -q ;i no; 4 09jip 99g >JJ99-^ JUOJ jo qinon; J9(i HJ9qaB9; JO B9§B.M. 9^BJ9Ay 'q •9[BUI9^ •9[BK I •_ LOU09JIp r<9g) poioidni? 8i9qjB9| lUHMfflt JO .wquiu^ 'It •9[Ktn9 k J[ '•91 "K "l«»°,L (•j- noipaj -i( :- > -^oaKpn^j •9[Btu^ ■an?K •i' ; i"j. (•g aoiioajip 99g ji»[{0.in9 8[Khlll •9[BHI9jJ M"K (•g UOI109JTP 99g) •diquprtio: ni tqooqos jo jsqnmx - i o xs o r It O S5 o d S5 o ■ i— i 0> Mr. X " ii t\ M. 3 _^ .< - ** z J* 1 * a. o »*■ c •: i- i. — i fc« jj is o 6 I. s. 158 OHIO SCHOOL LAWS. SUB-DISTRICTS, SCHOOL-HOU8BS, APPARATUS, KTC. 1. Number of sub-districts in township: Single, — ; joint, — ; total (Joint sub-districts to be reported only in township in which school house is located.) 2. Number of sub- districts that contain a graded school of two or more departments (see direction 2) 3. Number of school days in a week 4. Number of school-houses erected during the year 5. Cost of the same I $ 6. Whole number of school-houses in township 7. Total value of school-houses and grounds $ 8. Condition of school-houses. i>. Value of school apparatus $ 10. Condition of school apparatus. 11. How were colored youth of school age (if any) in the township provided with school advantage ? (Answer will be " by separate schools," or " by admission to common schools," or " Were not provided.") 12. Amount paid by the board for their instruction in separate school, if not admitted to the common schools I BRANCHES OF STUDY TAUGHT AND NUMBER OF PUPILS IN EACH. Branch of study. Alphabet Reading Spelling Writing Mental arithmetic Written arithmetic .. Geography English grammar Composition Drawing Vocal music Map drawing Oral lessons United States History Algebra Physiology Physical geography ... Natural philosophy - .. German No. of pupils. Name ot author of text-book. 1MUVATE SCHOOLS. (These items are not required to be reported by law, but clerks will greatly oblige the Comniissioi er by reportin . thorn as fully as possible.) 1. Number of private or select schools in township 2. Number of teachers employed therein :5. Number oi weeks these schools were in session during the year OHIO SCHOOL LAWS. 159 4. Number of pupils enrolled: Male, ; female, ; total. 5. Branches of itudy taught. I certify the foregoing to oe correct. By order of the Board of Education : -, Ohio, , 188—. -, Clerk. EXPLANATIONS AND DIRECTIONS. The accompanying blank must be filled out and forwarded to the county auditor on or oefore the first day of October. Clerks are instructed to fill the blanks in accord- ance with the following directions : 1. RECEIPTS AND EXPENDITURES. By "Irreducible School Funds" is meant all funds received from the State as interest on the Virginia Military, United States Military, or Western Reserve School Funds, and the rent of or the interest on the proceeds of the sale of " Section Sixteen." All money paid by non-resident pupils for tuition in any school in the township must be reported under the head of Receipts. All school moneys paid by the adjacent townships for the support of a joint sub-dis-' trict school, must be reported by the respective boards of .such townships, as a separate item, under the head of Expenditures, and the moneys thus received from the adjacent townships by the board having charge of such joint school, must be reported by said board as a separate item, under the head of Receipts.* All claims upon the school fund for expenses iuenrred during the school year, should be settle'.!, aud order.-, drawn up >u the treasurer for their pay mi :;t previous to August 31 ; and all such orders, whether paid or not by the treasurer previous to August 31, must be reported by the clerk in the expenses for the school year. All uchool terms must close previous to August 31. In case a Fall term of any school is held, commencing before the first of September, the entire term must be reported in the next school year. 2. NUMBER OF SCHOOLS. There will usually be as many common schools in a township as there are sub-dis- tricts or school-houses. When a sub-distiict school is sufficiently iarge to employ two or more teachers, and is organized on the graded plan, it should be reported as but one school. Such a school is a sub-district graded school. A joint sub-district school should be reported only by the clerk of the township in which the school-house is located. The entiie joint sub-distiiet, 8 ) far as reports are concerned, must be regarded as within such township * Every sub-district school is made by law a common school, and should, in no instance, be reported as a "German and English school." A "German aud English school" is one regularly organized in addition to the sub-district schools. Like a colored school, it * All funds for the support of » j dnt sub-district school are required by law to be paid over to the board of education haviug charge of such joint school, and the expenses, enrollment, etc., of such joint school aie all (enumeration excepted) to be included in the school returns of the township in which the school-house is situated. 180 OHIO SCHOOL LAWS. is organized for a class of pupils, and is not, theiefore, a common sub-district school. When a portion of the pupils in a sub-district school are taught to read German as well a- English, the German should simply be reported as a brauch of study. Every school organized specially for colored youth must be reported as a colored school, whether taught for a longer or shorter period of time. 3. NUMBER OF DIFFERENT PUPILS ENROLLED. This item is often reported incorrectly, owing to the fact that ruauy pupils are en- rolled twice each year — once each term. Having found the whole number of pupils, male and female, enrolled in all the schools of the township each term, the true enroll- ment for the year may readily be found by subtracting the number of pupils enrolled twice (both terms ' from the sum of the enrollments for the tiro terms. Suppose, for example, the township enrollment for the first term was 190 boys and 16o girls; for the second term 150 boys and 170 girls; and that 50 boys and tiO girls were enrolled twice, or both terms. The number of different boys enrolled during the year would be 190 plus 150 — 50=290 boys. The number of different girls eurolled, 165 pins 170— fiO =275 girls. Another method is to find the " true enrollment" of each sub-district for the year, by subtracting the number of pupils enrolled twice from the aggregate enrollment, for the two terms, and then adding these several true enrollments of sub-districts together. The first method is much the shorter, bnt it will be a good plan to nse both. 4. AVERAGE DAILY ATTENDANCE. When the two terms are of equal length, the average daily attendance may be readily found bi-: adding together the term averages and dividing by 2— the number of terms. Sup- pose, for example, the average daily attendance of a school for the first term of 12 weeks was 20 bo\s and 18 jjirls. and for the second term of 12 weeks, l(i boys and 21 girls. The average attendant e <>f i he hoys for the year is found thus: 20 pins lti=3t>. 3 rm. It rtli teachers were employed fur the entire school year, and no changes ocoured dnri ig the year, how many teachers would be needed ? The answer is the " number of reach org necessary to supply the schools," which will generally lm the same a«t th-^ inim.- be.r of schools. OHIO SCHOOL LAWS. 161 6. AVKRAGE WAGES OF TEACHERS. Add together the monthly salaries of the several male teachers employed, and.divide the sum by the whole number of male teachers. The quotient will be the average monthly wages of male teachers. In like manner the average monthly wages of female teachers may be found. In giving the " number of sub-districts that boarded teachers," report only those in which the teacher " boarded around," or which otherwise paid for the teacher's board in addition to his wages. 7. AVERAGE NUMBER OF WEEKS THE SCHOOLS WERE IN SESSION. Having found the number of weeks each school was in session during the year, divide the sum of the same by the whole number of schools in the township. If there is a re- mainder, annex two cyphers, and continue the division to hundredths. Wiite the num- ber of weeks under " weeks," and the fractional part under li hundredths." In report- ing the number of weeks each sub- district school was taught, he sure and include both terms. If it is the custom in a majortty of the sub districts to close the schools on every Saturday, five days should be reported as a school week; if the schools in a majority of the sub-districts are closed only on every other Saturday, five and one-half days. 8. NUMBER OF PUPILS IN EACH BRANCH OF STUDY. Add together the number cf pupils reported each term, and from the sum subtract the number of pupils that pursued the study hoih the first and second terms of the year. If 25 pupils were in geography the first term, 18 the second, and 10 of them pursued the study both terms, the number of different pupils in geography was 25 plus 18—10=33. The names of all text-books regularly used in the schools must be reported. 9. PRIVATE SCHOOLS. It i9 not expected that clerks will he able to report accurate statistics of these schools. Please give as full information as possible. When the number of pupils enrolled, etc., is not known, make an estimate— a good "guess." Colleges, seminaries, and large academies are not to be reported by clerks. 11 162 OHIO SCHOOL LAWS. X E a o o .a o CO u *3 a H O cs « eg ft c t— i — w -g aC a co P O o o w £ Cs 5 at> ° 03 H « P CO cs p a X 3 — B © © © © iff '.3 Li © i 3J > z* r» o u o s c o P A 2 CJ c8 I! ss 6 •_ s ft § e3 t» GO 35 O 3 53 43 o p . o - > o 53 ** 3 4> n - = ° t^. X £5 O x i- S £ 3 ® — O o a > x o S Off 1« Tf 6 43 ■ 3 x 3 43 -*» 3 CC x ■v a * • jl ■ ^ in co »» 43 rff l-H ^-( i— I 3 i-H • .x . O 1— I l-H 3 5 -Si - 4- i- 'T* -3 X q; O W 3 ^3 "~ c - - ? S 2 t- JO - ,i --*> 2^ S .a ■ d = 3 0) 4> 43 o : cS o -?^ — T— I o . o o jag o X b Mi .5 ~ 4= 3 3 c '■5 * s2 '3 += °° X 43 g -.cog ^ S 3 S -3 cZ (- Oj .4) 3 .c ^» cs O Z- 4) fc*-s H 3 O „ 43 ^ i O X) O -H -So ^ O j) CO CS43 3 O 1Z 3 8^ a Ot£ 3 Ox-" o? S = 36g ^ 05 fc 1 . 3 OS 53 irt D X k3 © i-i CM i-i © SI c9 T3 >> ft * ■^r i< c^ © © bb 3 _!. B B8 Z „ 43 X <>. o © © © © X in C5 35 © © o © oo • ro © cc iff © © ■J1J1.7H Zi o 4) I z X 3 >-. ® , ft +3 O TC o .r — s S "X B O p 3 oa — 5 - 3 o:x H Ht»0 - 71 1- 4a 1 - v- — - 4> /. O Id 6 xo p a « s u ~ X -^- CC ^ 3^ *" •- 5 • 4) C. 2 4> i 3 3 X z pH 1 • ~ ■ 4) • - • 55 a . X I cs ■ '. x IS '3 ^ ■ H ■ . 3 - >» ; • as 43 , • r— < .' 3 • • o 3 O ' • o ' ,3 T. w : ■ o H TtZ a : 3 , • X cS «a — X a -h X O . o< O ■ x 43 • B ° X S « es .2 02:0 - ft — .tr x *T 43 T* 13 i jo^-i 3 m B c b *"• r^ ^ c •g-g 3 ~~ O 3,-C *" CD °° 4) £ 3 » ■S CD fe « c- +s % 3 CO »-i r-i P=h HIM oo • i— 1 CS iff o l-H *^f 'Z be iff -r 43 • x 3^ 'O CD 3 43 cc ■3 43 4> ^- .5 ^ p a "- 1 3 £« a *h a ® bo 3 C o 43^) 4) CC x a «.2 ° a +S C3 a O 4a 4) *« «4^ a ° C9 ft ^43 a x •ft § CD P 4 O in - .2^ cv 4> p O 3 ft® — 43 . CO ^ CD PS t 42 H rrf 3 CD 3 cv 42 O x 43 3 t>; x O 4i fl «43 5 4> CD 5 43 43 2 +i H'3 3 x x u x •- fc — 43 O X CD Hi x a S ; OHIO SCHOOL LAWS. 163 o o • rH (4 p go a a © o o -a O a a © a is © o u © p CO © - a "Tj • O • O o O . P.f o . o o I© CC rH •q S M CO ■ U3 o rH rf T e t 2 r-4 t i— 1 ..o rH os ■© cc '+= «& <» © - a OQ £ o r© o o O 00 ao g . o O CS os .2 -a += a o 00 *» o> c* OS 0* rH CO H^ s «©■ co 1 © © o • ~H > f> Pi !h © © CO CO "to © SB "as rp ©4 ,P 43 P u es 43 © P 4-" a © "3 o s © _p ^ — i p o t4 a a s o rP "c o rP u © 43 so • I— t b€ © « P CO eS a « 43 © rP © M H «rH o © o Ph 43 (4 rn 43 ID «tH o .© CO © «g P rP X D 43 © m « b0 P 43 rP © 02 rH © — © © P © o cS _P © © c3 CS O OS 3 © 'etS © © '3 o Eh Oh O H « o c© ao 1— 1 r-i Tf -H . ©* . rH ©J ©J CO © o rH +3 c3 00 • 00 t» 00 oo P rH jj P Ph >a bio si ■ Q rH O cs P. es P P S3 ►"3 £ O a «d OS cs o ©» «> OS QD ao 0* CO rH os i© T-t 0* © •"' CO H m> a© 90 r-H '©4 P Ph 43 p CO '©4 P ©4 43 # « GO P CO 43 a © 1° 'cO 'P P © 2 P © es "S e9 M © •— 1 a _o °43 u o Pi ©4 <1 >5 t4 D so eS © t-l 4^ R O P © © rP 4-> 'o o rP © IB •©• s - 43 (4 1 P O P O 43 1— 1 O O rP O CO p CS i 43 _p «»4 o M ca- =44 © H ©4 © © p cc 43 rP P O •r4 C3 43 -s a © © p © p « 43 43 CS ► 43 43 CS 43 rt "3 '3 43 'P O « H 02 EH H 02 H 1-H o ©< CM »© O • ©* rH ©1 ©< © o rH 4^ es ft OO 00 43 rH JO, © ao 43 rH © es eS ^4 • r4 (4 P4 bi p bo P 02 o £ *4 < «< -4 © r© >> eS bE P • r-( -© © rP © H CO « 'C 43 so '-O ^3 es - © © r 3 CJ « eS P r. bO a - u u r* fl ,pH a ^£ V J ©H .— • r© J: a if H >. r© B © s 3 44 fl © © a - — i t- rH © — O © l- -: © 43 r© a cS p 7: © .= «3 -= -d H r I x ^ H ~ be 3 P r?i cS rP U 1(>4 OHIO SCHOOL LAWS, DIRECTIONS TO CLERKS AND TREASURERS. 1. The account of the "School house and contingent fund" should he kept in tbo first two columns on the right-hand side of e 10b page ; and the account of the " Tuition fund " in the next two columns. •2. For each order drawn or paid, make two entries— one in the general township account of school funds, and the other in the account of the proper sub-district. 3. In case the township Board of Education do not apportion the school-house and contingent fund among the several sub-districts, but keep it as a general fund, tbe sub- district account may be made to balance by entering in the proper columns in the ac- count of " Apportionment " (left-hand page) the amount expended for school-house and contingent purposes as shown in the account of " Expenditures" (light-hand page.) 4. All school money received from adjacent townships for the support of a joint sub- district school should be entered in the general account under the head of Receipts, and in the proper joint sub district account under the head of Apportionment. All moneys paid to adjacent townships for the support of a joint sub-district should be entered in the general account under the head of Expenditures. .">. All money paid by uou-re-ude-nt, pupils for tuition in any school of the township, must be piid to the Treasurer and entered in the general account under the head of Receipts, and also in the account of the proper sub-district under the head of Apportion- ment. 6. The Treasurer's general account should be balanced at the time of the annual set- tlement with the Auditor in February, and also at the close of tbe school year. The Treasurer's sub-district account and both the general and sub-district accounts of the clerk need be balanced only at the close of the school year. The sub-district account, if properly b danced and separated, may be kept for two years on the same page. 7. The Board of Education are required by law " to make settlement with the Town- ship Treasurer at their regular session in April annually. 17 At this settlement the Clerk's and Treasurer's b.mks should be carefully compared. 5. At the expiration of their terms of official service, the Township Clerk and Treas- urer are required by law to deliver to their successors in office this book and all other official books and papers relating to school*, in their hands. LIU. REPORT OF THE TREASURER OF TOWNSHIP, COUNTY, OHIO, To tlie county auditor, for the year ending August 31, 18 — : (To be made to the auditor on or before the 20th day of September ) RECEIPTS. mi Amount of school moneys received during the year from the following sources, viz: Balance on hand September 1, lti — $ State tax • - - Irreducible school fuuds. Township tax lor school and scnool house purposes Fines, licenses, tuition of non-resident pupils, and other miscellaneous sources Amount received from adjoining townships for support of joint sub-district school — State funds, $ ; township tax, $ : Total Total receipts . ■ OHIO SCHOOL LAWS. 165 EXPENDITURES. Whole amount paid teachers during the year — Common, $ ; High, $ ; Total $ For sites, buildings, and repairs For fuel, and other contingent expenses Amount paid to other townships for support of joint sub-district school — State funds, $ ; Tp. Tax, $ : Total Total expenditures $ Balance on hand September 1, 18 — Amount of outstanding orders unpaid September 1, 18 — I certify the foregoing to be, in all respects, correct. , Treasurer. , Ohio, , 18—. EXPLANATIONS AND DIRECTIONS. 1. The above report should cover only the moneys actually received and disbursed by the treasurer during the school year ending August 31. In case the school funds arising from the second semi-annual distribution of taxes are not received on or before August 31, such funds must be reported by the treasurer among the receipts of the following year. In case there were outstanding oiders unpaid on the 1st of September, the amount of such orders should be added to the report in order that it may show the entire ex- penses of the schools during the year, and thus correspond with the returns of the board of education. All claims upon the school fund for expenses incuned during the year should be settled and paid, if possible, previous to August 31. 2. By" irreducible school funds," is meant all funds received from the State as inter- est on the Virginia Military, United States Military, or Western Roserve School Funds, the rent of or the interest on the proceeds of the sale of " Section Sixteen." 3. All money paid by non-resident pupils for tuition in any school in the township must be paid into the township treasury, to be disbursed on the clerk's order, and re- ported under the head of receipts. 4. All moneys paid by the adjacent townships for the support of a joint sub-district school must be reported by the treasurer of such adjacent townships, as a separate item, under the head of expenditures; and the moneys thus received from the adjacent town- ships by the treasurer of the township whose board has charge of such joint school, must be reported, as a separate item, under the head of receipts. CHAPTER V.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, ETC. LIV. APPOINTMENT OF SCHOOL EXAMINERS. Office of Judge of Probate, County, 0., , 18 — . Being satisfied that is a competent and suitable person to act as a mem- ber of the board of school examiners for this county, I do hereby appoint him to said office for the term of two years from date, and until his successor shall be appointed. , Judge of Probate. 166 OHIO SCHOOL LAWS. LV. REVOCATION OF SCHOOL" EXAMINER'S APPOINTMENT. Offick of Judgk of Probate. County, , , 18 — . Whereas, on the day of , 18 — , was appointed to the office of school examiner of county, for the term of two years from the date of such ap- pointment; and, whereas, evidence has been riled with me, judge of probate of said couuty, and I have become satisfied that said is an unfit person to be re- tained as a member of the board of school examiners of said county, in consequence of (here state the cause of action) : Therefore, the said appointment of said , as school examiner of said county, is hereby revoked. , Judge of Prooate. LVI. NOTICE OF MEETINGS FOR THE EXAMINATION OF TEACHERS. Notice is hereby given that there will be a meeting of the board of school examiners of county, for the examination of teachers, at , on the last of each month of the year, and that a meeting will also be held on the second of April, May, Oc- tober, and November. Each applicant for a certificate should be present as early as o'clock A.M. By order of the Board. , 1=—. , Clerk, LVI1. TEACHER'S CERTIFICATE. No. . Class. The undersigned, school examiners of county, Ohio, having examined , do hereby certify, that possesses an adequate knowledge of the theory and prac- tice of teaching, and is qualified to teach orthography, reading, writing, arithmetic, geography, and English grammar ; and that has furnished satisfactory evi- dence of good moral character. This certificate to be valid for the term of months from date. Given at , and dated this day of , A.D., 18 — . RESULT OF EXAMINATION. Orthography Reading Writing Arithmetic .japhy English grammar Theory and practice School Examiners. RULES AND EXPLANATIONS. 1. The character of the applicant's examination is represented on a scale of one to ten — one denoting the lowest qualification and ten the highest. 2. Five classes of certificates are granted, as follows : First class, valid 36 months ; second OHIO SCHOOL LAWS. 167 class, valid 24 mouths; third class, valid ]> months; fourth class, valid 12 months; fifth class, valid 6 months. 8 A satisfactory examination in the theory and practice of teaching 1 , and a high de- gree of success in teaching, will also be considered in determining the class of certificate to be granted. No certificate is granted unless the applicant passes an examination in each branch of study required by law. LVIII. REVOCATION OF TEACHER'S CERTICATE. To the local directors of sub district Xo. — , township, county, Ohio : Whereas, the board of examiners of said county, on the day of , 18 — , granted a certificate to : , authorizing him to teach orthography, etc., for the term of months, and he is now engaged as a teacher in said sub-district. And, whereas, it has been represented, and said board has become satisfied, that is an unfit person to be retained as such teacher, in consequence of (here state the offense) : Therefore, you are hereby required to discharge and dimiss safd from his said employment. His said certificate is revoked. By order of the Board. , 18—. , Clerk. Note. — A teacher's certificate may also be revoked when he is not engaged as a teacher. When this is the case, the first line of rhe above form should be omitted, and the last paragraph charged to read as follows : " Therefore, his said certificate is hereby revoked." LIX. QUARTERLY REPORT TO COUNTY TREASURER. REPORT OF THE BOARD OF SCHOOL EXAMINERS OF COUNTY, OHIO, TO THE COUNTY TREASURER, FOR THE QUARTER ENDING , 188 — . Number of meetings held during the quarter Whole number of applicants examined: Male, ; Female, ; Total Amount received of applicants on examination fees I certify the foregoing statement to be correct. Cleric of Board of Examiners. -, Ohio, , 188—. Note. — The first, quarter ends the last day of November; the second, the last day o f February ; the third, the last day of May ; and the fourth, the last day of August. Th orders drawn by the auditor to pay for the necessary traveling expenses of the Board o Examiners can nor, in any "one quarter, exceed one-third of the amount collected and paid over by said board as examination fees" during said quarter. 1G8 OHIO SCHOOL LAW3. H I— I S w J o o o CO 5^ O - H US u < H e a o ja o o — H M *« H •- 3 w * S 3 H K H s s §< ^ o H-J C - O 00 « a g M o c o O >o h c8 o pq « "3 w •p]l«A bi 9;bo -tjijigo sqjuota jo 'o^ '9JB01J1)I99 JO 'Oft Per cent, of correct answers. •93 CI Ay •ODijoead pm? if.lo.iq j •jBnituRjS -Suft •^qdBiSosf) •oij9tnqjuv •Sarju^ * "SaipBajj •Sai{pdg \ib9A" yooqos anaj -jno jo Sapa^rn boo -iA9jd b ye pauiniBxjj *90Q9U9dX9 JO 81IU9J, (•OS J9pan ji) -9§v •AJIAJlBft CO so > ■5 CO CD o o 1 so o Oh CO a « o •^- "H, e8 o CD 3 cS •899 J aoij^qiniBxa •?»! bag I S s » > £ y ^ c » a * 2; +s » M ~ 43 "w -So 75 C S^ §■« i5 a fci eg p9J09[ -joo S99i jo annoniv •p9amrex9 A'[sno -IA9ld BlUBOIjdd'B Jo o^ 00 ■h a'a •9[Bin9 L J O ci -( H hi 3D +3 •9['Btn9j; & c h" fc a CO •9[BJ«J W « CO A •aiBtna^ 13 a o a B cS fw or •9l«H SB i— i CD +j 50 c8 •e^rao^ ;a a CD o a « QO •9p3 H 5fH •—I O hi S3 co g .a a o a •91BIU9J ^ ■* •9[13]^ c< 71 ^J co £3 •gi-etngj 3 a o a 13 CD •9]BK ec i r 58 "- Clerk of Board. , Ohio, , 188—. * The number of applications (question 3) wilt probably be greater than the number of applicants (question 6), since the same person may, in several instances, have applied for a certificate at two or more meetings of the Board. Iu the auswer to question 6,'the number of different persons that have been before the Board during the year, should be given. Those who were granted a certificate on a second or subsequent trial, should not be included in the answer to question 7. 170 OHIO SCHOOL LAWS. LXII. AUDITOR'S REPORT OF TEACHERS' INSTITUTE FUND. A statement showing the amount of examination fees collected and paid to the county treasurer y the school examiners of county. Ohio, during the four quarters ending August 31, 1H8 — ; also, the amounts paid out of such fund for the several pur- poses named in the school law . Receipts. Expenditures. •^ ^ -a Mm a> 48 3 C .-j a £ u += e 33 g. ,0 o unt of examin collected and ounty treasnr necessary tra\ enses of exam «-■- support of tea itute. V M pi CO 04 H a o 8-^ -5 ® 05 CS o o w 8 Amo fees to c r ® o a c3 O School Year of 188—. 1st ouarter endins - — 188 2d quarter ending 3d ouarter endinc — — , 188 . 188 ■ 4th ouarter ending — 188- Total . I certify the foregoing to be a correct statement. Auditor's Office, county, Auditor. -, Ohio, -, 188-. LXIII. TEACHERS' INSTITUTES. Constitution o/ County Teachers' Association. PREAMBLE. As a means of improvement in the profession of teaching, and of promoting the inter- ests of the schools in our county, we the undersigned, associate ourselves together under the following CONSTITUTION. Article I. This association shall he called the County Teachers' Association. Art. II. The officers of this association shall be a president, three vice presidents, a secretary, treasurer, and an executive committee of three members, who shall also perform the duties of a financial committee. The secretary shall, ex-officio, be one of the members of this committee, and shall keep a record of its proceedings. Art. III. It shall be the duty of the president to preside at all meetings of the as- sociation. In case of vacancy, or his absence, any one of the vice-presidents or the chair- man of the executive committee may perform his duties. OHIO SCHOOL LAWS. 171 Art. TV. It shall be the duty of the secretary and treasury to perform the usual duties devolving upon such officers. AST. V. The executive committee shall carry into effect all orders and resolutions of the association, and shall devise and put into operation such other measures, not incon- sistent with the objects of this association, as it shall deem beat. It shall arrange busi- ness for all regular meetings of the association, and shall appoint, under the direction of the association, at leist one such meeting each year. It shall make all necessary ar- rangements for holding and conducting at least one teachers' institute in the county each year. In case the amount of money under the control of the association, including the institute fund in the hands of the county treasurer, be insufficient to defray the necessary expenses of an institute, said committee shall fix and give due notice of an in- stitute tuition fee to be paid by those attending such institute. All moneys belonging to this association are to be paid out only on orders drawn by the executive committee. Art. VI. The executive committee shall hold its meetings as soon after election as possible. Two members shall constitute a quorum for business, and afterwards may meet on their own adjournment or appointment. Art. VII. Any teacher, or active friend of education, may become a member of this association, by subscribing to this constitution and contributing annually to the funds of the association. Art. VIII. The officers of this association shall be chosen by ballot, or in such other manner as the association may direct, at the annual meeting, and shall hold their offices for one year, or until their successors are elected. Art. IX. This constitution may be altered or amended by a majority of the members present at any regular meeting, provided notice of such intended alteration or amend- ment shall have been given at the preceding meeting. LXIV. EEPORT OF COLLEGES, SEMINARIES AND ACADEMIES. Report of to the State School Commissioner, FOR THE 6CHOLASTIC YEAR ENDING IN 188 — . 1. Name and location of institution. 2. Name and degree of president or principal. 3. Year in which the institution was established. (If incorporated, give the year of incorporation.) 4. Number of regular professors or teachers : Male , female , total 5. Whole number of students in attendance during the year 6. Number of students enrolled each term or quarter of the year : 1st term ; 2d term ; 3d term ; 4th term 7. Number of years occupied in completing the several courses of study: Classical course ; scientific course ; course 8. Number of students pursuing the several courses .of study during the year: Classical course ; scientific course ; course 9. Number of students in preparatory classes, including all irregular students 172 OHIO SCHOOL LAWS. 10. Number of graduates in each course in 188 — : Classical course ; scientific course ; course 11. Whole number of graduates in classical course since the institution was established 12. Number of W( ekS in scholastic year 13. Cost of tuition per year . $ 14. Estimated yearly expenses of student, including board, $ to....!j| 15. Number of indigent students granted free tuition during the year... 16. Amount of income from tuition during the year „ 17. Amount of income from invested funds, rents and donations during the year f 18. Amount of endowment fands, not including buildings, grounds, etc ..| 19. Increase in endowment funus during the year . f 20. Value of buildings and grounds ...| 21. Value of apparatus, not including libraries . $ 22. Number of volumes in libraries.... 23. Date of next commencement. The foregoing is a correct statement. Ohio. 188—. Note. — In a few of the colleges of the State two, and in some cases three, courses of study are prescribed. The Commissioner wishes to ascertain the number of students regularly pursuing each of these several courses. The name of the third course is to be supplied by the person filling the blank. The term " Scientific" is used to designate a partial or English course. In those institutions that have a six years' course of study, the two lower clsses ought to be reported as preparatory. The answer to the sixth question is particularly desired. The answers to the sixteenth and Beventeenl ii questions may be omitted if there is any objection to their publication. The seventh, eight, ninth, tenth, eleventh and twenty-third questions do not apply to seminaries and academics in which no regular courses of study are prescribed. IND.EX. CLASSIFICATION AND CERTAIN CHANGES OF DISTRICTS— PAGE Classes of school districts 5 City districts of first class defined . o, 6 " second class defined --. 6 Village districts defined 6 Change of classification in certain case 6 Township districts defined 6 Special districts defined .., -- 7 Transfer of territory from one district to another , 7 Township districts may become village districts 8 How vote shall be taken 8 How board organized - - 9 CITY DISTRICTS OP FIRST CLASS— Board of education— how constituted . 9 How membership increased ..a ...... — .... 9 When two members for each ward, how elected — .. 10 When one member " 10 Where certain electors to vote = 10 Conduct, of elections - - 11 How electors on attached territory to cast ballots 11 Meetings and certain powers of the board 11 To make estimate and fix levy for contingent fund 39 Limitation of estimate and levy — Cincinnati 39 " " —Cleveland...... 39 —Toledo . 39 How contingent fund to be applied in Toledo * - 44 Limitation of estimate and levy in all other cities of the first class 39 When estimate to be c jrtified to county auditor - 39 Apportionment of school funds by county auditor 41 Distribution of money after apportionment 42 When county commissioners to perform certain acts of board of education. .. 44 Powers of board of education . 45 What property the board has title to . 4b' School property exempt from taxation . . 47 Conveyances and contracts , 47 Board may accept bequests 47 Process against board 48 Duties of prosecuting attorney and city solicitor 4d Tie votes at elections, how decided 48 When to appoint „ 48 174 OHIO SCHOOL LAWS. CITY DISTRICTS OF FIRST CLASS— Continued— page Oath of members aud other officers 49 Organization of hoard 49 Vacancies in hoard, how tilled 49, 50 Quorum of hoard 50 Yeas aud nays to he taken in certain cases 50, 51 Absence of president or clerk 51 Record of proceedings and attestation thereof 51, 52 Board to make rules and regulations 52 Illegal meetings 52 Board to make and enforce rules for vaccination 52 Board to provide school-houses 53,54 Directions for hidding, and for letting contracts 55, 56 When hoard may appropriate property 57 Issue of houds by board 59 Board may appropriate money for library, etc 59, 60 Levy for library in cities 60 How library tax to he expended 60 Board may appoint librarian.... 60 " " managers of library 60,61 Board of Cleveland to appoiut library committee 61 Powers aud duties of such committee. 61 Library tax, and how to be expended 62 Consolidation of libraries in Portsmouth authorized 62 Board of Portsmouth to appoint library committee 6 ', 63 Powers and duties of such committee 63 How such library maintained and managed ..63, 64 Sufficient schools must be provided 64, 65 Schools for colored children _ 65 Schools of higher grade than primary 65 Schools at " children's homes," orphans' asylums and county infirmaries 66 Youth may he sent to charity school at Zanesville 66, 67 Evening schools 67 Who may be admitted to public schools 67, 68 Suspension and expulsion of pupils 68 Teachers may dismiss school on holidays. 68 School year, month, and week 69 Board to control schools aud appoint officers 69, 70, 71 Board to determine studies and text-books 73 When German language to be taught 74 Sending of pupils from one district to another 74, 75 Children must attend school . 75 Unlawful to employ children who have not attended school 75, 76 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions 76, 77 Clerk must prosecute 77 Equivalent to attendance on day school 77 Yearly enumeration of youth _ 78, 79 OHIO SCHOOL LAWS. 175 CITY DISTRICTS OF THE FIRST CLASS— Continued— page Qualification and pay for taking enumeration 79 Clerk to employ persons to take enumeration. 79, 80 Clerk to transmit abstract to county auditor 81 Auditor to act when clerk fails - 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds - 83, 84 Treasurer to give bond and produce funds, etc 84, 85 Annual settlement by treasurer with county auditor 83, 86 Penalty for failure to make such settlement 86 Treasurer to report balance to board --. 86 When treasurer may receive or pay money 86, 87 Amount of funds treasurer may hold - 87, 88 Treasurer to deliver money, etc., to successor 88 Clerk shall execute bond . 88 When orders of clerk for teachers' pay illegal 88, 89 Duties of clerk as to statistics, etc -. 89, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc., to successor 90 How treasurer and clerk to keep accounts - 90, 91 Compensation of treasurer and clerk - 91 Annual report by board of education.... -. 91, 92 In what form to be made, etc % 92 Reports of superintendents and teachers ...... 92, 93 Penalty against clerk for failing to make report to county auditor ..93, 94 Who may be employed as teacher 100 Board of education to appoint a board of examiners - 102 Shall fix compensation of such examiners... . - 104 Who ineligible as examiner - 105 Board may permit teachers to attend institute within county 108 _ Board may provide for an institute 108 When institute fund to be placed to the credit of county institute fund 108 Length of session of institute 109 Report of certain institutes - 109 CITY DISTRICTS OF THE SECOND CLASS— Membership of board of education - 12 Election of members - 12 Conduct of the election 13 Election after membership increased 13 Notice of elections - --- - 15 How membership increased - - 15 Estimate and levy for contingent fund — . 39 Limitation as to levy for contingent fund 39 Estimate to be certified to county auditor - 39 Apportionment of school funds by couuty auditor 41 Distribution of money after apportionment 42 County commissioners to levy contingent fund when board neglects 44 176 OHIO SCHOOL LAWS. CITY DISTRICTS OF THE SECOND CLASS— Continued— page Powers of board of education 45 What property the board has title to 46 School property exempt from taxation 47 Conveyances aud contracts - - 47 Board may accept bequests - 47 Process against board, and how served 48 Duties of prosecuting attorney and city solicitor 48 Tie votes to be decided by lot 48 When to appoint - 48 Oath of members and other officers 49 Organization of board 49 Vacancies in board, how filled ...49, 50 Quorum of board .„ - 50 Yeas aud nays to be taken in certain caseo 50, 51 Absence of president or clerk - 51 Record of proceedings and attestation thereof — — . — 51, 52 Board to make rules and regulations 52 Illegal meetings - 52 Board to make and entorce rules for vaccination 52 Board to provide school-houses 53, 54 Directions for bidding and letting contracts - 55, 56 When board may appropriate property „ 57 When and how question of tax levy submitted to voters 57 If levy approved board to certify it to auditor „ 58 How the levy may be anticipated 58, 59 Board may appropriate money for library, etc.... 59, 60 Levy for library in cities 60 How library tax to be expended ........... . 60 Board may appoint librarian 60 Sufficient schools must be provided .. .. : 64, 65 Schools for colored children 65 Schools of higher grade than primary : 65 Schools at "children's lnmes," orphan asylums, and county infirmaries .... .. 66 Evening schools 67 Who may be admitted to public schools 67, 68 Suspension and expulsion of pupils 68 Teachers may dismiss schools on holidays 68 School j ear, month, and week - 69 Board to control schools and appoint officers 69, 70, 71 Board to determine studies and text-books 73 When German language to be taught i — 74 Sending of pupils from one district to another 74, 75 Children must attend school 75 Unlawful to employ children who have not attended school.... 75, 76 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions.. — - 76, 77 Clerk must prosecute 77 OHIO SCHOOL LAWS. 177 CITY DISTRICTS OF THE SECOND CLASS— Continued— page Equivalent to attendance on day school 77 Yearly enumeration of youth 78, 79 Qualification and pay for taking enumeration 79 Clerk to employ persons to take enumeration 79, 80 Clerk to transmit abstract to county auditor 81 Auditor to act when clerk fails 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds 83, 84 Treasurer to give bond, and produce funds, etc 84, 85 Annual settlement by treasurer with county auditor 85, 86 Penalty for failure to make such settlement 86 Treasurer to report balance to board 86 When treasurer may receive or pay money 86, 87 Amount of funds treasurer may hold 87, 88 Treasurer to deliver money, etc., to successor 88 Clerk shall execute bond 88 When orders of clerk for teacher's pay illegal 88, 89 Duties of clerk as to statistics, etc 89, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc., to successor 90 How treasurer and clerk to keep accounts 90, 91 Compensation of treasurer and clerk 91 Annual report of board of education 91, 92 In what form to be made, etc 92 Reports by superintendents and teachers 92, 93 Penalty against clerk for failing to make report to county auditor 93, 94 Who may be employed as teacher 100 Board of education to appoint a be ard of examiners 105 Shall fix compensation of such examiners 104 Who ineligible as examiner 105 VILLAGE DISTRICTS— Membership of board of education - 12 Election in village districts 14 Notice of election 15 Returns to be made to board „ 15 How membership increased 15 How village may become village district 16 How village district organized 17 Organization of board 18 Estimate and levy for contingent fund 39 Limitation of levy for contingent fund 39 When estimate to be certified to county auditor 39 Apportionment of school funds by county auditor 41 Distribution of money after apportionment 42 County commissioners to levy contingent fund when board neglects 44 12 178 OHIO SCHOOL LAWS. VILLAGE DISTRICTS— Continued— page Powers of board of education 45, 46 What property the boards have title to .., 46 School property exempt from taxation 47 Conveyances and contracts 47 Board may accept bequests 47 Process against boards, and bow served 48 Duties of prosecuting aitoruey and city solicitor 48 Tie votes to be decided by lot 48 When to appoint 48 Oath of members and other officers . 49 Organization of board 49 Vacancies in board, how filled 49, 50 Quorum of board 50 Yeas and nays to be taken in certain cases . 50, 51 Abseuce of president or clerk 51 Record of proceedings and attestation thereof.. 51, 52 Board to make rules aud regulations . .. 52 Illegal meetings 52 Board to make and enforce rules for vaccination 52 Board to provide school-houses .53, 54 Directions for bidding, and for letting contracts. 55, 56 When board may appropriate property 57 When and how question of tax levy submitted to voters 57 If levy approved, board to certify it to auditor 58 How the levy may be anticipated 58 Board may appropriate money for library, etc 59, 60 Sufficient schools must be provided 64, 65 Schools for colored children 65 Schools of higher grade than primary 65 Schools at "children's homes," orphans asylums, and county infirmaries 66 Evening schools - 67 Who may be admitted to public schools — 67, 68 Suspension and expulsion of pupils 68 Teachers may dismiss school on holidays — 68 School year, month, and week 69 Baard to control schools and appoint officers 69, 70, 71 B iard to determine studies and text-books. 73 When German language to be taught 74 Seudiug of pupils from one district to another 74, 75 Children must attend school 75 Unlawful to employ cbildren wbo have not attended school 75, 76 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions .... •. 76, 77 Clerk must prosecute. 77 Equivalent to attendance on day school 77 Yearly enumeration of youth 78, 79 Qualification and pay for taking enumeration 79 OHIO SCHOOL LAW8. 179 VILLAGE DISTRICTS— Continued— page Clerk to employ persons to take enumeration 79, 80 Clerk to transmit abstract to county auditor 81 Auditor to act when clerk fails 81 Duty of auditoi when couuty line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds 83, 84 Treasurer to give bond, and produce funds, etc 84, 85 Annual settlement by treasurer with county auditor 85, 86 Penalt. for failure to make such settlement 86 Treasurer to report balances to board 86 When treasurer may receive or pay money 86, 87 Amount of funds treasurer may hold . . 87, 88 Treasurer to deliver money, etc., to successor 88 Clerk shall execute bond - 88 When orders of clerk for teacher's pay illegal 88, 89 Duties of clerk as to statistics, etc 69, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc., to successor 90 How treasurer and clerk to keep accounts 90, 91 Compensation of treasurer and clerk 91 Annual report by board of education 91, 92 In. what form to be made, etc 92 Reports by superintendents and teachers... 92, 93 Penalty against clerk for failing to make report to county auditor 93, 94 Who may be employed as teacher 100 Boards of certain village districts may appoint examiners 105 Shall fix compensation of such examiners 104 Who ineligible as examiner „ 105 SPECIAL DISTRICTS— Definition of . .. .. ...... 7 Board of special district — how constituted 24 " how increased 24 Election of members 24 Notice and conduct of election 25 How special district abandoned 25 Members of the board to become directors .. 26 Disposition of property, etc 26 Estimate and levy for contingent fund .„ 39 Limitation of levy for contingent fund 39 When estimate to be certified to county auditor 39 Apportionment of school funds by county auditor 41 Distribution of money after apportionment 42 County commissioners to levy contingent fund when board neglects 44 Powers of board of education 45 What property boards have title to 46 School property exempt from taxation ... 47 Conveyances and contracts 47 180 OHIO SCHOOL LAWS. SPECIAL DISTRICTS— Continued— page Board may accept bequests 47 Process against board, and how served 48 Duties of prosecuting attorney and city solicitor 48 Tie votes to be decided by lot „ 48 When to appoint ;... 48 Oath of members and other officers „ . 49 Organization of board .... 49 Vacancies in board, how filled .. 49, 50 Quorum of board 50 Yeas and nays to be taken in certain cases , . 50, 51 Absence of president or clerk .„ 51 Record of proceedings and attestation thereof.... 51, 52 Board to make rules and regulations . ... 52 Illegal meetings 52 Board to make and enforce rules for vaccination ..... 52 Board to provide school-houses 53, 54 Directions for bidding and for letting contracts ..55, 56 When boards may appropriate property 57 When and how question of tax levy submitted to voters.... .... 57 If levy approved, board to certify it to auditor 58 How the levy may be anticipated 58 Board may appropriate money for library, etc 59, 60 Sufficient schools must be provided ... . 64, 65 Schools for colored children .... .... <- Schools of higher grade than primary ^ Schools at " children's homes," orphan asylums, and county infirmaries 65 Who may be admitted to public schools 67, 66 Suspension and expulsion of pupils 68 Teachers may dismiss schools on holidays 68 School year, month, and week 68 Board to control schools and appoint officers ..69, 70, 69 Board to determine studies and text-books .- 71 When German language to be taught .. 73 Sending of pupils from one district to another. . 74, 74 Children must attend school 75 Unlawful to employ children who have not attended school .... ...... .... ..75, 75 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions .. 76, 77 Clerk must prosecute 77 Equivalent to attendance on day school . 77 Yearly enumeration of youth ... ...78, 79 Qualification and pay for taking enumeration r ... 79 Clerk to employ persons to take enumeration 79, 08 Clerk to transmit abstract to county auditor 81 Auditor to act when clerk fails 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 OHIO SCHOOL LAWS. 181 'FECIAL DISTRICTS— Continued— page Penalty for making fraudulent returns 83 Who to be treasurer of school funds 63, *4 Treasurer to give bond, and produce funds, etc 84, 85 Annual settlement by treasurer with county auditor 85, 86 Peualty for failure to make such settlement 86 Treasurer to report balance to board 86 When treasurer may receive or pay money 86, 87 Amount of funds treasurer may hold 87, 88 Treasurer *o deliver money, etc., to successor 88 Clerk shall execute bond 88 When orders of clerk for teacher's pay illegal 88, 89 Duties of clerk as to statistics, etc 88, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc., to successor 90 How treasurer and clerk to keep accounts 90, 91 Compensation of treasurer and clerk 91 Annual report by board of education 91, 92 In what form to be made, etc - 92 Reports by superintendents and teachers 92, 93 Penalty against clerk for failing to make report to county auditor 93, 94 Who may be employed as teacher 100 TOWNSHIP DISTRICTS— Definition of . — ---- 6 Boundaries of sub-districts not changed 7 Transfer of territory from one district to another 7 Township boards may become village districts - 8 How vote shall be taken 8 How board organized -. 9 B >ard of education— how constituted and organized 19 Election and qualification of directors 19 Notice and conduct of election 20 Meeting of directors of sub-district 20 How vacancies in sub-district board filled - 21 Regular and special meetings of township board 22 Map of township district ; change of sub-districts 22 Elections in new sub districts 23 Estimate and levy for contingent fund 39 Limitation of levy for contingent fund 39 When estimate to be certified to county auditor. 39 Apportionment of school funds by county auditor 41 Distribution of money after apportionment 42 Apportionment of contingent fund by board of educaiion 43 County commissioners to levy contingent fund when board neglects 44 Powers of board of education 45 What property board has title to - 46 School property exempt from taxation 47 Conveyances and contracts 47 Board may accept bequests 47 1S2 OHIO SCHOOL LAWS. TOWNSHIP DISTRICTS— Continued— pagb Process against board, and how served 48 Duties of prosecuting attorney 48 Tie vote to be decided by lot . . . 4d When to appoint 48 Oath of members and other officers . . 4J Organization of board 49 Vacancies in board, how rilled ._ 49, i.0 Quorum of board . 50 Yeas and nays to be taken in certain cases . „ 50, 51 Absence of president or clerk 51 Record of preceedings and attestation thereof 51, 52 Board to make rules and regulations . 52 Illegal meetings „. 52 Board to make and enforce rules for vaccination 52 Board to provide school-houses 53, 54 Directions for bidding, and for letting contracts 55, 56 When board may appropriate property 57 Erection of school-houses in joint sub-districts. 58, 57 When and how question of tax levy submitted to voters 57 If levy approved board to certify it to auditor 58 How the levy may be anticipated 58, 59 Board may appropriate money for library, etc 59, 60 Sufficient schools must be provided 64, 65 Schools for colored children „ 65 Schools of higher grade than primary 66 Schools at " children's homes," orphans' asylums, and county infirmaries 66 Who may be admitted to public schools 67, 68 Directors to employ, pay, and dismiss teachers 71, 72 Teacher dismissed for insufficient cause may institute suit 72, 7;i Board to determine studies and text-books 73 When German language to be taught 74 Sending of pupils from one district to another . 74, 75 Children must attend school „ 75 Unlawful to employ children who have not attended school 75, 76 Board to ascertain condition of children not at school 76 When board may supply pupils with books 76 Penalties for violation of certain provisions 76, 77 Clerk must prosecute 77 Equivalent to attendance on day school ... . 77 When yearly enumeration of youth to be taken ; 78, 79 Qualification and pay for taking enumeration in sub-districts 79 Clerk of board of directors to take enumeration 80 Clerk of board of education to transmit abstract to county auditor 81 Auditor to act when clerk fails „ 81 Duty of auditor when county line divides original surveyed township 81, 82 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who to be treasurer of the school funds ... ..83, 84 OHIO SCnOOL LAWS. 183 TOWNSHIP DISTRICTS— Continued— page Treasurer to give bond, and produce funds, etc 84,85 Annual settlement by treasurer with count] auditor 85, 86 Penalty for failure to make such settle incut 86 Treasurer to report balance to board 86 When treasurer may receive or pay money 86, 87 Amount of funds treasurer may hold 87, 88 Treasurer to deliver money, etc , to successor 88 Clerk shall execute bond - 88 When orders of clerk for teachers' pay illegal 88, 89 Duties of clerk as to statistics, etc s 9, 90 Publication of receipts and disbursements by clerk 90 Clerk to deliver books, etc., to successor 90 How treasurer and clerk to keep accounts 90, 91 Compensation of treasurer and clerk 91 Annual report by board of education „ 91, 92 In what form to be made, etc 92 Reports by superintendents and teachers .92, 93 Penalty against clerk for failing to make report to county auditor 93, 94 Who may be employed as teacher 100 JOINT SUB-DISTRICTS— Township boards may establish by mutual agreement 27 How the school governed ana supported 28 May be established on petition 28 What petition to contain - 29 Clerks to give notice of filing, etc 29 When petition may be filed with probate j udge 29 Security for costs to be given 29 Time and place of meeting of commissioners 30 Publication of notice 30 Commissioners to be appointed 30 Oath and duties of commissioners 30 Clerks to have present plats and papers 31 The report of commissioners 31 Effect of the report — 31 Judgment for costs, what fees allowed 32 Report and judgment for sub-districts 32 How costs paid in such case 32 Petition for change of lines and for creating other districts 33 Proceedings thereon 33 When such petition may be filed with probate judge 33 Election, duties, etc., of directors 34 Power to change joint sub-districts limited 34 Contingent fund for joint sub-district 40 Same when county line divides such sub-district 41 Erection of school-houses in joint sub-districts 56, 57 Who may be admitted to the public schools 67, 68 Suspension and expulsion of pupils 68 Teachers may dismiss schools on holidays 68 184 OHIO SCHOOL LAWS. JOINT SUB-DISTRICTS-Continued— page School year, month, and week 69 Board to control schools and appoint officers 69, 70, 71 Equivalent to attendance on day school 77 Enumeration iu joint sub-districts 80 School funds forfeited when enumeration not taken 82 Penalty for making fraudulent returns 83 Who may be employed as teacher 100 SCHOOL FUNDS— The " State common school fund " 35 Interest upon proceeds of salt and swamp lamls 35 The "common school fund" 36 Accounts of common school fund — how kept, etc 36 Bequests, etc., in trust for common school fund 36 Apportionment of school funds by auditor of state 37 To what county common school fund paid when county line divides original surveyed township 38 Funds of district in more than one county 41 EXAMINERS— State board of, appointment, term of office, and vacancy 95, 96 Board may grant life certificates 96 Shall keep record 96 Certificates must be countersigned by state commissioner 96 Certificates may be revoked by board 96 Feefor examination.... 96 Probate judge to appoint county board of examiners ..96, 97 Term of board 97 Vacancies in board 97 Who ineligible as examiner 97, 98, 105 President and clerk of board 98 Certain duties of clerk 98 Meetings of board, notice of to be published 98 Meetiug, number of, annually 98 Fee for examination 98 Fees to be paid to county treasurer quarterly ....98,99 Traveling expenses of board 99 Validity and revocation of certificateH 99, 100 Certificate a pre-requisite to employment 100 Special studies 100 Compensation of examiners 101 Incidental expenses of board 101 Annual report of clerk - 101, 102 Bond of clerk 102 Board of examiners for city districts of the first class 102, 103 Board to determine the standard of qualification for teachers 103 Organization of board - 103 Bond of clerk 103 Meetings, and publication of notice 103, 104 OHIO SCHOOL LAWS. 185 EXAMINERS— Continued— page Examination fee 104 Powers of board 104 Compensation of examiners 104 Incidental expenses of 104 Duties of clerk 104, 105 Disposition of fees - 104, 105 Board of examiners of city districts of the second class and village districts.. 105 Who ineligible as examiner 105 TEACHERS— Not to suspend or expel pnpils 68 May dismiss schools on holidays 68 To be employed, in certain districts, by board of education 70 May be dismissed for certain cause 71 To be employed, in township districts, by directors of sub-districts 71 Township board may increase but not diminish salaries or pay 71 May be dismissed by sub-district directors for sufficient cause 71 May be paid at end of month or end of term 71 When township shall employ teachers 71 Teachers dismissed by directors of sub-district may institute suit 72 Teachers required to make reports 92 Pay to be withheld for failure to make reports 92 Certificate a pre-requisite to employment 100 " may be revoked „ 100 Teachers in certain districts may dismiss school to attend iustitute 107 TEACHERS' INSTITUTES— Teachers' institute, how organized 106 Managing committee to give bond 106 Paj ment of institute fund to committee 106 Balance on hand to be returned to county treasurer 106 Institute committee to report within thirty days 107 Penalty for failing to report 107 Proceedings on forfeiture of committee's bond 107 When school commissioner to hold institute 107 Teachers may dismiss school to attend institute.... 107 Institute for city districts of the first class 108 Institute for teachers of adjacent counties 108, 109 Length of session 109 Report of certain institutes 109 DUTIES OF COUNTY AUDITORS— To assess estimate certified by boards of education 39, 40 To add estimate made for joint sub-districts 40 " " " when county line divides such sub-district 41 To make settlement with other county auditors 41 To make apportionment of school funds 41, 42 To distribute money after apportionment 42, 43 To collect fines, etc., and inspect section sixteen accounts 45 IStj OHIO SCHOOL LAWS. DUTIES OF COUNTY ATDITORS— Continued— page To place special levy upon tax duplicate - 58 When to take enumeration 81 Duty when county line divides original surveyed township 81 Auditor to furnish abstract of enumeration to state commissioner 82 To give certificate of settlement to treasurer 86 "When to iustitute suit against treasurer ...... ..... — 86 To rile bond of clerk of board - 88 To supply clerk and treasurer with blank book 90 Duties of auditor as to school statistics, etc - 93 Penalty against auditor — -- 93 When to appoint person to make reports - 94 Further penalties against auditor 94 Compensation of auditor - ...94, 95 When to give order for institute fund - - 106 CINCINNATI AND TOLEDO UNIVERSITIES— Common council of Cincinnati may accept educational trusts 109 How trust funds to be applied 110 Trusteeship to vest in city, etc 110, 111 Board of directors Ill How appointed, etc Ill Powers of board 112 Citizens not be charged for admission of children 112 Accounts and expenditures 113 When board may confer degrees 113 Site and grounds 113 When and how tax may be levied 113 Provisions applicable to the city of Toledo 114 Rate of tax 114 STATE COMMISSIONER OF COMMON SCHOOLS— Commissioner shall be elected 117 Term of office - - 11? Vacancy, how filled 117 Official bond 117 Oath of office 117 Office, etc., at seat of government - - 117 Duties in visiting the several judicial districts 118 Supervision over school funds 118 Power to require reports from certain officers. 118 Shall prepare forms, etc 118 Duties as to distribution of school laws 118 Shall make annual report 119 What shall be embraced in report 119 Power to require reports from private schools 119, 120 Shall prescribe form for abstract of enumeration - 81 Shall prescribe blanks for auditors' abstract of enumeration 83 When to have enumeration retaken 83 Shall require auditors to distribute circulars, blanks, school laws, etc 93 Shall issue certificate for auditors' compensation 94 OHIO SCHOOL LAWS. 187 STATE COMMISSIONER OF COMMON SCHOOLS— Continued— page Power to appoint state board of examiners 95 Shall countersign state certificates 97 When to hold teachers' institute 107 Duties on complaint of fraudulent use of money 120 To appoint an accountant to investigate charges --. 120 Powers and duties of such accountant or examiner 120, 121 His compensation -. -. 121 Payment thereof 121 What report to be given in charge of the grand jury ...121, 122 Duty of prosecuting attorney.... .... — 122 OPINIONS AND INSTRUCTIONS. ACTS— PAGE of de facto officer valid until removal 48 ADMISSION— of children outside of district 74 ANTEDATING— of certificates 99 APPEAL— to county commissioners „ .' 7 APPORTIONMENT— of school funds 38 ASSISTANT TEACHER— must have legal certificate in order to receive pay 89 ATTENDANCE— compulsory 77 AUDITOR— supervision of over school moneys . 85 BOARD OF EDUCATION— change of residence of members 9 organization of 19, 21 when business to be done ... 21 notice of meeting and reception of 21 when notice not required 50, 51 adj )urued meetings of 22 free from certain liabilities 46 succeeds to certain rights 46 employment of members illegal 47 suits against 48 vacancy in 49 limitation of term - .., 49 members of voting on business matters 50 a corporate body 50 must act at a meeting 50 to prescribe course of study 73 duty of in regard to course of study 74 stationery for 92 township, liability of directors for illegal contracts 54 " directors of must report contracts 54 " to control colored schools 65 " how becomes vested with powers of village board 8 OHIO SCHOOL LAWS. 189 CERTIFICATES— pagk antedating of 99 revocation of 99 requisites for 100 CLERK— duties and liabilities of 89 township, his rights 19 liable for all damages resnlting from neglect to take enumeration 38 pro tempore 21 when should appoint directors 22 orders on, not negotiable 50 • COLORED SCHOOLS 65 COMPULSORY ATTENDANCE 77 CORPORAL PUNISHMENT— sanction of - 69 not to be cruel or oppressive . 69 teacher's right to inflict 69 teacher's liability for inflicting „ 70 COUNTY COMMISSIONERS— may be appealed to against transfer „... 7 when to act as board of education 44 when they may appropriate funds for erection of school houses 54 DIRECTORS— when township clerk should appoint » 22 to be building committees in township districts. 43 employment of teachers by 72 liability of for illegal contracts .. 54 required to report contracts 54 DISTRICTS— school defined . 5 names of certain obsolete 7 sub, defined „ .„ 7, 23 sub, considerations in forming .... .... ... 23 sub, change of boundaries of 23, 22 sub, joint, how formed 27, 29 " teacher thereof 27 15 clerk's residence of 28 " how supported 2b ELECTIONS— electors of wards to vote at ward polls, etc IS time of notice of 15 purpose to be stated in notice 15 township board not to decide as to legality of 19 time noted on ballots , It for directors, who may vote. 19 manner of electing superintendent or teacher . 51 190 OHIO SCHOOL LAWS. EMBEZZLEMENT— PAGK by school officers - 86, 87 ENUMERATION— of youth, who included in 78, 79 pay for taking 79 care in taking 83 when auditor may take 38 EXAMINERS— le^al qualifications of 96 must take oath 97 removal of . . 97, 98 vacancy in office of 96 liability of for fees 99 fees to be paid quarterly . .98, 99 traveling expenses 99 meetings of 99 compensation of 101 current expenses '. . ...... 101 certain persons ineligible as 105 FINES— how distributed 38 FUNDS— apportionment of 38 supervision over by school commissioner 38 in township treasury apportioned, how, when village district is formed... — 17 GERMAN— in schools 74 INJUNCTION .• 48 INSTITUTES— teachers should organize - 106 duties of executive committee 106 certain teachers may dismiss school for 107 and teachers of graded schools -- 108 funds not disbursed must be returned to county treasurer (sec. 4087) 106 MANDAMUS 48 ORDERS— for teachers' pay 89 remedy against illegal 89 in hands of a purchaser 89 QUO WARRANTO 48 RELIGIOUS INSTRUCTION— not enjoined 73 SCHOOL DISTRICT— defined 5 OHIO SCHOOL LAWS. 191 SCHOOLS— PAGE protected from disturbances 47 for colored children 65 SCHOOL FUNDS— supervision over by state commissioner 38 kinds of = 39,40 to what purposes applied 3'J, 40 retained in custody of treasurer . 43, 54 apportionment of to sub-districts . 43 remedy for illegal distribution 43 SCHOOL HOUSES— custody of _ 53 use of 53 selection of sites for 54 SCHOOL PROPERTY— protection of . 47 STATE COMMISSIONER— supervision of over funds . - 38 STATIONERY— for boards of education 92 SUSPENSION— from school . 68 damages for wrongful 68 TEACHERS— in children's homes, orphans' asylums, etc., must have certificates 65 di-missal of 69, 70, 71 liability of for inflicting corporal punishment 70 may punish pupil for misconduct after dismissal of school . . 70 employment of by directors .72 " " township board 72 wages of in township districts 72 payment of 72 orders for pay of 89 certificate for time of service...... 89 must keep register 92 should organize institutes .„ 106 certain may dismiss school to attend institutes „ 107 TERRITORY- attached for school purposes 5, 6 detached " " 6 transferred 7 withdrawn from township district . 16 TITLE— to school property transferred 17 TOWNSHIPS— change of boundaries.. 7 192 OHIO SCHOOL LAWS. TREASURER— page in certain districts 84 release of surety of 84 pay of . 91 bond required in all cases 84 official bond to be recorded 84 certified copy of to be sent to auditor . 84 TUITION— of non-resident pupils - .. 74 VILLAGE— forfeiture of charter, efiect of.i 18 APPENDIX— FORMS AND INSTRUCTIONS. CHAPTER I.— FORMS FOR SCHOOL DIRECTORS— pagk 1. Notice of sub-district school meeting 125 2. Tally-sheet of sub-district election 126 3. Notice of special school meeting 126 4. Minutes of sub-district school meeting 127 5. Certificate of election of school directors 127 6. Oath of school director. _ 127 7. Appointment of school director 127 8. Meeting of school directors 128 9. Contract between directors and teachers 128 10. Certificate for teachers' pay 128 11. Contract for fuel, repairs, etc.. 128 12. Certificate of amount due for fuel, etc 129 13. Dismissal of teacher 129 14. Visit to school 130 CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDUCATION— 15. Notice of meeting to vote a tax for building purposes 130 16. Notice of special meeting of township board 130 17. Certificate of annual estimates ..-- 130 18. Certificate of annual estimates for joint school 131 19. Different modes of altering sub-districts 131, 132 20. Notice of election in a new sub-district 132 21. Organization of a joint sub-district school 132 22. Petition to board of education 133 23. Clerk's notice to members of board 133 24. Petition to probate judge 133 25. Appointment of commissioners by probate judge 134 26. Report of commissioners - 134 27. Assignment of scholars to central high school 134 28. Appointment of librarian 135 29. Bond of librarian 135 30. Order on township treasurer for teacher's pay 135 31. Order on treasurer other than for teacher's pay 136 32. Form of deed 136 33. Form of lease : 137 CHAPTER III.— ENUMERATION FORMS— 34. Enumeration of youth in sub-districts containing no school-land territory. 138 35. Enumeration of youth in sub-districts containing school-land territory.. 139 36. Enumeration returns of township clerk to county auditor 140 37. Auditor's return of enumeration to State commissioner 141 13 194 OHIO SCHOOL LAWS. CHAPTER IV.— FORMS FOR CLERKS, TEACHERS, AND TREASURERS- page 38. Bond of township treasurer as treasurer for board of education 142 39. Certi ticate of treasurer's bond 142 40. Bond of treasurer for village or special school district 143 41. Bond of clerk — village or special school district 143, 144 42. Cleik's bond — township board of education 144, 143 43. Report and certificate of school funds in treasury 145 44. Final receipt of township treasurer 146 4.">. " " clerk 146 hi. Teacher's daily register 147 47. term register - 148, 149 48. " report to the township clerk 150, 151, 152 49. Township clerk's abstract of sub-district teachers' reports 153, 154, 155 50. Report of the board of education 156 51. Township treasurer's general account with township 162 52. " " account with the several sub-districts 163 53. Report of the township treasurer to the county auditor 164 CHAPTER V.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, ETC.— 54. Appointment of school examiners 165 55. Revocation of appointment of school examiner 166 56. Notice of meetings for the examination of teachers — 166 57. Teacher's certificate - 166 5b. Revocation of teacher's certificate 167 59. Quarterly report to county treasurer 167 60. Form of school examiner's register 168 61. Report of school examiners to state commissioner 169 62. Auditor's report of teachers' institute fund 170 63. Constitution for county teachers' association 170 64. Report of colleges, seminaries, and academies 171! ** 11 1)111} IMHfiM hhu fill i :• .'• •, ■ mm