UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 STOREROOM 
 
 STATE OF UTAH 
 
 School Laws 
 
 gfSCARL. . 
 
 From Compild&$am£e&W^ and 
 Session Laws of Utah, 1919 and 1^1 
 
 PUBLISHED BY AUTHORITY 
 
 Department of Public Instruction 
 GEORGE THOMAS, Superintendent 
 
 SALT LAKE CITY 
 
 »5 \m
 
 1 
 
 STATE OF UTAH 
 
 School Laws 
 
 From Compiled Laws of Utah, 1917, and 
 Session Laws of Utah, 1919 and 1921 
 
 PUBLISHED BY AUTHORITY 
 
 Department of Public Instruction 
 GEORGE THOMAS, Superintendent 
 
 SALT LAKE CITY
 
 s
 
 
 UTAH SCHOOL LAWS 
 
 [From Compiled Laws of Utah, 1917, and Session Laws of 
 
 Utah, 1919 and 1921.] 
 
 TITLE 90. 
 PUBLIC SCHOOLS. 
 
 CHAPTER 1. 
 
 STATE BOARD OF EDUCATION 
 
 4505. Membership. Term. Control of public schools. 
 Establishment of libraries and gymnasiums. Secretary. The 
 state board of education shall consist of the state superintend- 
 ent of public instruction, the president of the University of 
 Utah, the president of the Agricultural College of Utah, and 
 six other persons appointed by the governor by and with the 
 consent of the senate, two each biennium and for six year 
 terms; except that the first appointments under this chapter 
 shall be classified, by the governor as to the length of terms, 
 so as to provide for such future biennial appointments. Ap- 
 pointments to fill vacancies shall be for the unexpired terms. 
 In making such appointments the governor is to be influenced 
 only by consideration of merit and fitness, and the appoint- 
 ments shall be made without reference to residence, occupation, 
 party affiliation, religion, or sex. The governor may remove 
 any member so appointed for immorality, malfeasance in office, 
 incompetency, or continued neglect of duties. The general 
 control and supervision of the public school system is vested 
 in the state board of education. The state board of educa- 
 tion shall also promote the establishment of libraries and <rym- 
 nasiums throughout the state, and shall have power to appoint 
 a secretary, who shall work under the direetion of 
 the state superintendent of public instruction. The salary of 
 the secretary shall be fixed by the state board of education and 
 approved by the state board of examiners. The board shall 
 have the power to call to its assistance expert help to promote 
 libraries and gymnasiums whenever needed. The actual and 
 necessary traveling expenses incurred by such help and the 
 salary of the secretary, shall be paid from the contin- 
 gent fund of the state board of education, upon the presenta-
 
 4 SCHOOL LAWS OF THE STATE OF UTAH 
 
 tion of properly certified and approved vouchers. '11, p. 94; 
 '15, p. 188. !, 
 
 State board, powers, Con. art. 10, sec. Direct work of supervisors agricul- 
 
 8. Jural and liome economics education, 
 
 Public school system includes what, §§ 4541-45-44. 
 Con. art. 10. Sec. 2. Conduct examinations for teachers of 
 
 General provisions on education, Con. count \ districts of first class, § 4620. 
 Art. 10. Duties as to high school fund, §§ 
 
 To insure employees, § § 3110. 3111, 4575-4582. 
 3119. Duties a« to differential aid to dis- 
 
 Direct expenditure district library tricts, § § 4567, 4568. 
 fund. § 1525; 
 
 4506. Issuance of certificates and diplomas. The State 
 Board of Education is hereby authorized and empowered to 
 issue certificates and diplomas of high school, junior high 
 school, grammar, primary, and kindergarten grade; and also 
 to issue superintendents' certificates and diplomas and super- 
 visors' certificates and diplomas. Such certificates and diplo- 
 mas shall he valid in any school district of the State in the 
 department of instruction or supervision for which they are 
 issued. Am'd '03, p. 156 ; 19, p. 271. 
 
 4507. Diplomas — qualifications. Diplomas of all grades 
 including superintendents' and supervisors' diplomas, shall be 
 issued onlj^ to professional teachers, superintendents, or super- 
 visors, who have reached the age of twenty-three years, have 
 had five years of successful teaching or supervising experience 
 in this State, exhibit satisfactory evidence of good moral char- 
 acter and freedom from serious infectious or hereditary disease, 
 and are found to possess the requisite scholarship and culture. 
 These diplomas are A r alid for life unless revoked for cause or 
 unless the holders allow a space of five consecutive years to 
 pass without following the pursuit of school teaching or super- 
 vising. Am'd '03, p. 71: '19, p. 271. 
 
 4508. Rank and classification of certificates. Certifi- 
 cates shall be of such rank and classification as the State 
 Board of Education shall determine, and shall be valid for a 
 period of not to exceed five years. Certificates may be issued 
 to applicants who have not had the teaching or supervising ex- 
 perience in this State required for diplomas. Am'd '19, p. 271. 
 
 4509. Determination of requisites — changes — issues by 
 University — credits — extra-State. The State Board of Educa- 
 tion shall determine the scholarship and training required of 
 applicants for diplomas; and the scholarship, training and 
 experience required of applicants for certificates; provided 
 that: 
 
 1. Any change made by the Slate Board of Education by 
 which the scholarship, training, or experience required for any 
 certificate or diploma is increased shall be announced when 
 made, and shall he effective not less than one year from the 
 date when such change is announced.
 
 SCHOOL LAWS QF THE STATE OP UTAH 5 
 
 2. Certificates and diplomas issued by the school of edu- 
 cation of the University of Utah when indorsed by the chair- 
 man of tin 1 State Board of Education shall have the force of 
 certificates and diplomas of corresponding rank issued by the 
 State Board of Education. 
 
 3. The State Board of Education is authorized to accept 
 credits and certificates and diplomas of other institutions of 
 learning as meeting in whole or in pari the requirements for 
 teachers' certificates and diplomas, if the work of such insti- 
 tutions of learning is found upon inspect ion to conform to 
 standards fixed by the State Board of Education. 
 
 4. The State Board of Education is authorized to issue 
 certificates and diplomas to persons holding certificates and 
 diplomas in other states, providing such certificates and di- 
 plomas are found to be of equal rank with those issued by this 
 State, and providing further that applicants for diplomas shall 
 have taught successfully at least five years, of which (at 
 least two years shall have been in Utah. 
 
 5. No certificate or diploma shall be in force if the 
 holder alloAvs five consecutive years to pass without following 
 the pursuit of school teaching or supervising. Am'd '19, 
 p. 272. 
 
 4510. Duties of State Board of Education. The State 
 Board of Education is authorized to determine by examina- 
 tions or otherwise the qualifications of applicants for certifi- 
 cates and diplomas; to prepare examination questions; to ap- 
 point representatives in the several districts of the State to 
 conduct examinations; and to prescribe all necessary rules and 
 regulations relative to the examinations. Am'd '01, p. 96; 
 '19, p. 272. 
 
 4511. Assistants — compensation. The State Board of Edu- 
 cation is authorized to appoint persons of eminent educational 
 ability to assist in the preparation of examination questions and 
 the grading of examination papers, and to fix the compensation 
 for such persons, which shall be paid from the Slate district 
 school fund upon vouchers approved by the State Board of 
 Examiners. Am'd p. 272. 
 
 4512. Board may revoke diplomas for cause. The State 
 Board of Education is authorized and required to revoke, for 
 immoral or unprofessional conduct or evident unfitness for 
 teaching, state diplomas and state certificates issued under the 
 provisions of this chapter. 
 
 4513. Compensation and expenses of members of board. 
 Clerical assistance. A statement of actual and necessary trav- 
 eling expenses of the members of said board, incurred in at- 
 tending meetings of the board, must be certified to by the State 
 
 794698
 
 6 SCHOOL LAWS OF THE STATE OF UTAH 
 
 Superintendent of Public Instruction and be filed with the 
 State Board of Examiners, who are empowered to allow or re- 
 ject the same, in whole or in part, in the same manner as in the 
 case of claims for which an appropriation has been made, and 
 the state auditor shall draw his warrant on the state treasurer 
 in favor of the person named therein for the amount allowed. 
 The members of the said state board of education shall receive 
 $4 per day for time actually and necessarily spent in the per- 
 formance of their duties; provided, that no member of the 
 board receiving salary from the state or any subdivision there- 
 of, or from any public institution, shall receive any such per 
 diem. The board may engage necessary clerical assistance, the 
 cost of which shall not exceed $250 annually, and shall be cer- 
 tified to as provided above in this section. 
 
 4514. Chairman, Secretary, Directors, etc. The state 
 superintendent of public instruction shall he chairman of the 
 state board of education. Upon the recommendation of the 
 state superintendent, the state board of education shall have 
 authority to appoint a secretary of the Board, and such di- 
 rectors, supervisors, and assistants as are necessary in the ad- 
 ministration and supervision of the public school system. The 
 salaries of the secretary, and of directors, supervisors, and as- 
 sistants shall be fixed by the state board of education, subject 
 to the approval of the state board of examiners, and paid from 
 such funds as may be provided by law. Anrd '21, Ch. 93. 
 
 4515. Concurrence of majority necessary. A concurrence 
 of a majority of all the members shall be necessary to the 
 validity of an act of the board. 
 
 4516. Meetings of board. The board shall meet at the 
 call of the chairman, and at least twice each year. 
 
 CHAPTER 2. 
 
 STATE SUPERINTENDENT. 
 
 4517. Election of state superintendent. Qualifications, 
 term, oath, and bond. Deputy. There shall he chosen by the 
 qualified electors of the state at the regular state election in 
 the year 1000, and every four years thereafter, a superinten- 
 dent of public instruction, hereinafter called the state super- 
 intendent, who, at the time of his election, shall be a qualified 
 elector, shall have been a resident citizen of the state of Utah 
 for five years next preceding his election, shall have attained 
 tin- ape of thirty years, shall be the holder of a state certifi- 
 cate of the highest grade issued in some state, or shall be a 
 graduate of some reputable university, college, or normal 
 school. He shall reside and hold his office at the seat of
 
 SCHOOL LAWS OF THE STATE OP UTAH 7 
 
 government for the term of four years from the first Monday 
 in January following his election, and until his successor is 
 elected and qualified. Before entering upon his duties, he shall 
 take the oath of office and give a bond in the penal sum of 
 $5,000, with not less than two sureties, to be approved, re- 
 corded, and filed as provided by law. The state superintendent 
 shall have power to appoint a deputy, who may represent him 
 at teachers' institutes when other business prevents Ins being 
 in attendance. The actual and accessary traveling expenses of 
 such deputy shall be paid out of the school fund upon proper 
 vouchers for the same being filed with the state board of ex- 
 aminers. Am'd '01, p. 46; '07, p. 39. 
 
 Election, qualifications, term, duties, board. Con. art. 10, sec. 8. 
 compensation, Con. art. 7. May appoint a deputy, powers, etc., 
 
 Superintendent a member of the state 
 
 4518. State superintendent charged with administration 
 of school system. Apportionment of money. The state super- 
 intendent shall be charged with the administration of the sys- 
 tem of public instruction and the general superintendence of 
 the business relating to district schools of the state, and of the 
 school revenue set apart and appropriated for their support, 
 and shall have full power to investigate all matters pertain- 
 ing to the public schools. It shall be the duty of the state 
 auditor to notify the superintendent of the actual amount of 
 money in the state treasury to the credit of the state district 
 school fund on the 31st day of October and December, and on 
 the 31st day of March of each year. Within ten days after 
 receiving such notification, the superintendent shall apportion 
 said fund among the several counties and cities of. the first 
 and second classes in the state under the provisions of this chap- 
 ter, according to the number of persons between the ages" of 
 six and eighteen years residing in such county or city, as 
 shown by the last school census lists of the several counties 
 and cities; and immediately furnish to each county treasurer, 
 to each treasurer of the board of education in cities of the first 
 and second classes, and to the county superintendents, an ab- 
 stract of such apportionments. He shall also certify such ap- 
 portionment to the state auditor, and, upon receiving such cer- 
 tificate, the auditor shall forthwith draw his warrant on the 
 state treasurer in favor of the county treasurer of each county, 
 or the treasurer of each city board of education, as the case 
 may be, for the amount due said county or board: provided, 
 that : 
 
 1. No. apportionment shall be made to any county or city 
 until all the reports for the year next preceding, as required 
 
 (by law. have been received from such county or city by the 
 state superintendent;
 
 8 SCHOOL LAWS OF THE STATE OF UTAH 
 
 2. If any district or districts in any county have failed 
 to maintain school for twenty weeks during the year next pre- 
 ceeding that in which the apportionment is made, the number of 
 children of school age in such district or districts shall be sub- 
 tracted from tin 1 total school population of the state, and from 
 the school population of the county in which such district or 
 districts are located before making the apportionment; pro- 
 vided, that when the failure to maintain school in such dis- 
 trict or districts the required length of time is due to quaran- 
 tine, fire, flood, or other like uncontrollable cause, such fail- 
 ure shall not affect the basis upon which the apportionment 
 is made. Am'd '07, p. 42. 
 
 Public school fund. Con. art. 10, sec. 3 Apportionment by county auditor, §§ 
 
 Annual levy of state school tax, § 1560-1562. 
 5998. School money paid on order, § 4564. 
 
 County superintendent to apportion Svate auditor to report to § 5717. 
 
 school fund, § 4565. 
 
 4519. Seal of state superintendent. Register and forms 
 and regulations for reports. Opinions. Visiting schools, etc. 
 The superintendent shall provide and keep a seal by which 
 his official acts and copies of all papers and documents filed 
 in his offce may be authenticated, and when so authenticated 
 said copies shall be received as evidence in all courts of this 
 state equally with, and in like manner as the original. He 
 shall prepare and transmit to the proper officers suitable forms 
 and regulations for making all reports, with the necessary 
 blanks therefor, also school registers, and all necessary instruc- 
 tions for the organization and government of district schools, 
 and the conducting of all necessary proceedings under this 
 title. He shall print and circulate a summary of his opinions 
 and rulings. The cost of such blank forms, school registers, 
 and for the printing of the summary of his opinions and rul- 
 ings shall be paid out of the state school fund, and the vouchers 
 therefor shall be certified to by the superintendent, and filed 
 with the state board of examiners, who are empowered to al- 
 low or reject the same, in whole or in part, in the same manner 
 as in the case of claims for which an appropriation has been 
 made, and the state auditor shall draw his warrant on the 
 state treasurer for the amount allowed in favor of the person 
 to whom said amount is due. He shall visit at least once a 
 year in each county in the state the principal schools and dis- 
 trict school boards. He may examine the state auditor's books 
 and records relative to school revenue, and those of other 
 public officials relating to school accounts. He shall 
 meet with school officers, advise with teachers, and lecture to 
 institutes and public assemblies upon topics calculated to pro- 
 mote the interests of education. 
 
 4520. State superintendent to advise with school officers. 
 Effect of his decisions. He shall advise with county superin- 
 tendents and with school boards and other school ' officers 

 
 SCHOOL LAWS OF THE STATE OF UTAH 9 
 
 upon all matters involving the w< of the schools. He 
 
 shall, when requested by superintendents or other school of- 
 ficers, give them written answers to all questions concerning 
 the school law. His decisions shall be held to be correct and 
 final until set aside by a courl of competent jurisdiction or by 
 subsequent legislation. 
 
 4521. Biennial report of state superintendent. On or 
 before the 1st day of January preceding each biennial - 
 sion of the legislature, the state superintendent shall pre- 
 sent to the governor a report of his administration of the 
 system of public instruction. There shall be printed at least 
 1.000 copies of his report and laws relating to the schools, 
 which shall be distributed under his direct inn. The super- 
 intendent in his report shall furnish a brief exhibit: 
 
 1. Of his labors, results of his experience and observa- 
 tions as to the operation of the public school system, and sug- 
 gestions as to the remedy for imperfections; 
 
 2. Of the amount of school revenue and its general con- 
 dition as to sufficiency or insufficiency; 
 
 3. Of such plans as he may have matured .for the bet- 
 ter organization of the schools, and for the increase and eco- 
 nomical expenditure of the school revenue: 
 
 4. A full statement of the condition and amount of all 
 funds and property appropriated for educational purposes; 
 the number and grade of schools in each county, and in each 
 city of the first and of the second class, the number of children 
 between the ages of six and eighteen years in each county 
 and in each city of the first and of the second class, with the 
 number of such attending district schools, the average num- 
 ber of children that have attended district schools during the 
 two years previous to July 1st of that year, the number that 
 can read and write, the amount of school money raised by 
 county taxation or otherwise, the amount expended for salaries 
 of teachers and for building schoolhouses ; 
 
 5. A comparison of the results of the two years then cl 
 ing with those of the two years preceding, indicating the 
 progress of public instruction, and. as far as can be ascertained, 
 the number and condition of private schools, academies, and 
 colleges in the state. Am'd '05, p. 88. 
 
 4522. Id. He shall append to his report such informa- 
 tion relative to the system of public instruction, the schools, 
 their annual revenues, and such other matters as he may 
 deem proper. He shall include in his report statistical tables 
 compiled from information transmitted to his office, with 
 summaries, averages, and totals appended thereto; also a
 
 10 SCHOOL LAWS OF THE STATE OF UTAH 
 
 statement of the annual collection of school revenue, and his 
 apportionment thereof: and when he deems it of sufficient in- 
 terest, he shall append extracts from the correspondence of 
 school officers, showing; either the salutary or defective opera- 
 tion of the system. He shall furnish the United States com- 
 missioner of education at Washington such information as 
 that officer may require. 
 
 4523. Quarterly expense account of state superintendent. 
 Books, etc., to successor. At the end of each month he shall 
 file, with the state board of examiners an itemized account of 
 his expenses, verified by his oath. The said board shall exam- 
 ine the same, and, if the account is found to be correct 
 and the expenditures necessary, shall certify the same to the 
 state auditor, who shall issue a warrant to the state treasurer 
 for the amount due on such account, and at the end of each 
 quarter year, for one-fourth of the superintendent's annual 
 salary, and shall charge the same to the state district school 
 fund. At the expiration of his term of office, he shall deliver 
 to his successor all books, records, documents, maps, reports, 
 papers, and other articles pertaining to his office. Am'd '01, 
 p. 18. 
 
 4524. State superintendent may call convention of county 
 and city superintendents. The state superintendent shall have 
 power to call annually a convention of the county and city 
 superintendents, to assemble at such time and place as he shall 
 deem most convenient, for the discussion of questions pertain- 
 ing to the supervision and administration of public schools, 
 the laws relating thereto, and such other subjects affecting 
 the welfare and interest of the public schools as shall properly 
 be brought before it. It is hereby made the duty of all county 
 and city superintendents to attend such _ conventions when 
 called. The actual traveling expenes of county superinten- 
 dents for attending such conventions shall be allowed by the 
 board of county commissioners, and paid out of the same fund 
 as the salaries of county superintendents. -The actual trav- 
 eling expenses of city superintendents alt ending such conven- 
 tions shall be allowed, and paid out of the same fund as sal- 
 aries of city superintendents. Am'd '05, p. 89. 
 
 Superintendent may call text book convention, § l"..">6. 
 
 CHAPTER 4. 
 
 COURSES OF STUDY IN PUBLIC SCHOOLS. 
 
 4531. Course of study to be prescribed. Within thirty 
 days after the adoption of text books, the state superintendent 
 of public instruction, the principal of the state normal school, 
 and five school superintendents to be appointed by the state
 
 S( HOOL LAWS OF THE STATE OF UTAH 11 
 
 board of education, shall meet and prescribe a course of 
 study for the schools of the state not included in cities of the 
 first and the second class, and shall furnish free of cost to 
 each comity or school district, the number of courses of study 
 ordered by the superintendent of schools. '07, p. 55 ; '13, p. 17. 
 
 4532. No compensation. Expenses. The committee shall 
 serve without compensation ; provided, that the actual and nec- 
 essary expenses of the superintendents while attending meet- 
 ings of the committee shall be paid out of the state super- 
 intendent's contingent fund. '07, p. 55; '13, p. 18. 
 
 4533. Habits of birds, etc., to be observed in schools. 
 Bird day established. It shall be the duty of the hoard of edu- 
 cation or school hoard of every school district within this 
 state to cause to be observed in the schools the last Friday 
 in April of each year as bird day, with appropriate lessons and 
 exercises relating to the observation, the study, and the value 
 of birds and other forms of animal life, particularly as aids in 
 the extermination of insects, weeds, and other pests. '13, p. 93, 
 
 4534. Physiology and hygiene. It shall be the duty of 
 all boards of education and trustees in charge of schools and 
 educational institutions supported in whole or in part by pub- 
 lic funds to make provisions for systematic and regular in- 
 struction in physiology and hygiene, including special refer- 
 ence to the effects of stimulants and narcotics upon the human 
 system. 
 
 The foregoing and the succeeding: sec- peal was nut included in the title of the 
 tion were in the body of chap. 78. laws act. 
 of '15, declared repealed, but the re- 
 
 4535. Sanitation and the cause and prevention of disease 
 shall be taught. There shall be established in the normal 
 schools of the state, and in the public schools, beginning with 
 the eighth grade, a course of instruction upon the subjects of 
 sanitation, and the cause and prevention of disease. It shall 
 be the duty of the state board of education and the state 
 board of health, acting conjointly, to prepare a course of study 
 to carry out the provisions of this section. '07, p. 116. 
 
 Control of hoard of health, 5 27."). 
 Compulsory vaccination unlawful, § 
 2763. 
 
 4544. Board may maintain kindergartens. Teachers. 
 School boards may establish and maintain kindergartens in 
 their several districts, open to children resident therein be- 
 tween the ages of four and six years. The cosl thereof may be 
 paid in whole or in part out of the school funds of the district. 
 kindergartens established under the provisions of this section 
 ' -n be subject to the control .»!' the school boards of the re- 
 spective districts in which they are maintained. Teachers for 
 said schools, unless holding a certificate of efficiency in kin-
 
 12 SCHOOL LAWS OF THE STATE OF UTAH 
 
 clergarten work granted by the State Normal School, shall be 
 required to sustain a special examination relating to the prin- 
 ciples and practice of the kindergarten, such examination to 
 be conducted under the direction of the state board of educa- 
 tion. 
 
 Kindergarten schools part of public school system, Con. art. 10, sec. 2. 
 
 4545. Kindergartens provided for. Maintenance. All 
 
 school districts of a population of 2,000 and upwards shall 
 hereafter establish and maintain one or more kindergartens in 
 said school district, open to children resident therein between 
 the ages of four and six years. Said kindergartens must be 
 established within four years after March 16, 1903. The cost 
 of maintaining such kindergartens shall come out of the dis- 
 trict school fund of the respective districts. '03, p. 139. 
 
 CHAPTER 5. 
 
 EXAMINATION OF SCHOOL CHILDREN FOR 
 
 DEFECTIVE SIGHT, ETC. 
 
 ('11, p. 285.) 
 
 4546. Duty of teacher. It shall be the duty of every 
 teacher engaged in teaching in the public schools of the state, 
 separately and carefully, to test and examine every child under 
 his jurisdiction to ascertain if such child is suffering from de- 
 fective sight or hearing, or diseased teeth, or breathes through 
 its mouth. If such test determines that any child has such 
 defect, it shall be the duty of the teacher to notify, in writing, 
 the parent of the child of such defect and explain to such par- 
 ent the necessity of medical attendance for such child. 
 
 4547. State board of health to prescribe rules. The State 
 board of health shall prescribe rules for making such tests, 
 and shall furnish to boards of education and boards of trus- 
 tees of school districts rules of instruction, test cards, blanks, 
 and other useful appliances for the carrying out of the pur- 
 poses of this chapter. 
 
 4548. When tests shall be made. During the first month 
 of each school year, after the opening of school-teachers must 
 make the tests required by this chapter upon the children then 
 in attendance at school ; and thereafter, as children enter school 
 during the year, such tests must be made immediately upon 
 their entrance. 
 
 4549. Duty of boards of education. It shall be the duty 
 ©f the boards of education and boards of trustees of the several
 
 
 SCHOOL LAWS OF THE STATE OF UTAH 13 
 
 school districts of the state to enforce the provisions of this 
 chapter. 
 
 4550. May employ physicians. The board of education 
 or board of trustees of any school district may employ regular- 
 ly licensed physicians to make the tests required by § 4546, 
 and when such tests are made by a physician, the teacher shall 
 not be required to make the tests provided for in § 4546. 
 
 CHAPTER 6. 
 
 CIVIC CENTERS. 
 
 ('17, p. 420.) 
 
 4551. Designation. Purpose. Proviso. There is hereby 
 established a civic center at each and every public school house 
 within the state of Utah, where the citizens of the respective 
 school districts within the state of I 'tali may engage in super- 
 vised recreational activities, and where they may meet and 
 discuss, from time to time, as they may desire, any and all 
 subjects and questions which, in their judgment, may appertain 
 to the educational, political, economic, artistic, and moral inter- 
 ests of the citizens of the respective communities in winch they 
 may reside: provided, that such use of said public schoolhouses 
 and grounds for said meetings shall in no wise interfere with 
 such use and occupancy of said public schoolhouses and 
 grounds as is now or hereafter may be required for the pur- 
 poses of said public schools of the state of Utah. 
 
 4552 Payment of incidental expenses provided. Lighting, 
 heating, janitor service, and the services of a special supervi . 
 inp- officer when needed, in connection with such use of public 
 school buildings an 1 grounds, as se1 forth in § 4551, hall be 
 provided for out of the county or special school funds of the 
 respective school districts in the same manner and by the same 
 authority as such similar services are now provided for. Such 
 use of the said schoolhouses. property and grounds shad be 
 granted free; provided, that in case of entertainments where 
 an admission fee is charged, a charge may be made for the 
 use of said schoolhouses, property, and grounds. 
 
 4553. Management. Rules. Supervisor. The manage- 
 ment, direction, and. control of said civic center shall be vested 
 in the board of directors of the school district. Said board of 
 directors shall make all needful rides and regulations for 
 conducting said civic center meetings and for such recreation]- 
 al activities ;is are provided for in § 4.V>1 ; and said board 
 of directors may appoint a special supervising officer who shall
 
 14 SCHOOL LAWS OF THE STATE OF UTAH 
 
 have charge of the grounds, preserve order, protect the school 
 property, and do all things necessary in the capacity of a peace 
 officer to carry out the provisions and the intents and pur- 
 poses of this chapter. 
 
 4554. Use of schoolhouses subject to discretion of direc- 
 tors. The provisions of this chapter shall not be mandatory 
 upon the board of directors of any school district, in respect to 
 their authority and right to exercise discretionary powers as 
 to refusal of the use of such schoolhouse for any such pur- 
 pose or purposes; but whenever, in their judgment, it seems 
 inadvisable to permit the use of such schoolhouse for the 
 purpose requested, the board shall have the power and au- 
 thority to refuse the use of such schoolhouse for any of the 
 purposes mentioned in this chapter. 
 
 CHAPTER 7. 
 TEXT BOOKS. 
 
 4555. 6ommission created. Duties. No compensation. 
 Expenses. A state textbook commission is hereby created and 
 established to consist of the state superintendent of public in- 
 struction, the president of the University of Utah, the presi- 
 dent of the Agricultural College of Utah, the clean of the state 
 normal school, and five resident citizens of the state to be 
 appointed by the governor, three of whom shall be superin- 
 tendents of schools. In 1921 the governor shall appoint two 
 members of the commission for a term of two years and three 
 members for a term of four years; and thereafter appoint- 
 ments shall be for a term of four years. Appointments to 
 fill vacancies shall be for unexpired terms. Each commis- 
 sioner shall serve without compensation, but his actual and 
 necessary expenses incurred in the performance of his offi- 
 cial duties, the account of which shall be verified on oath, 
 shall be paid out of the public school fund. The members of 
 this commission, or a majority of them, shall decide what text- 
 books shall be adopted for use in the district schools and the 
 high schools of the state, except in cities of the first and the 
 second class, and their use shall be mandatory in all district 
 and high schools of the state, except in cities of the first 
 and the second class. Ara'd '09, p. 76; 13, p. 43; '21, Ch.98. 
 
 4556. Meetings of commission. Term of textbook adop- 
 tions. The state superintendent shall call a meeting of 
 the textbook commission at least three months prior to the ex- 
 piration of any contract regulating the supply and use of text- 
 books in the district schools and the high schools throughout 
 the state, except in cities of the first and the second class, and
 
 SCHOOL LAWS OF THK STATE OF UTAH 15 
 
 shall give at least sixty days' notice of the time of holding such 
 meeting by publication in a newspaper having general cir- 
 culation in the state. Such notice shall state the subjects upon 
 which textbooks shall be adopted and that sealed proposals 
 will be received by the state superintendent for furnishing 
 such books, the place where and the day and hour when all 
 proposals will be opened, and that the textbook commission 
 reserves the right to reject any and all proposals. A regular 
 meeting shall be called for the adoption of textbooks every 
 
 two years as herein provided. At the meeting of tl ommis- 
 
 sion occurring in 1923, approximately one-third of the text- 
 books adopted shall be for a period of four years, approximate- 
 ly one-third for a period of six years, and the remainder for 
 a period of eight years. Thereafter adoptions shall be for a 
 period of six years, approximately one-third of the text-books 
 in use to be selected at such regular meeting of the commis- 
 sion. Any textbook found unsatisfactory can be changed at 
 any regular meeting of the commission. Am'd '03, p. 6; '09, 
 p. 76; '13, p. 43; '21, Ch. 98. 
 
 4557. Proposals for text books and awards. At the time 
 and place specified in said notice, the convention shall meet 
 and publicly open and read all the. proposals which have been 
 received, and shall make their awards therein within thirty 
 days thereafter. 
 
 The failure to literally comply with Tanner v. Nelson. 25 U. 226; 70 P. 
 
 the provisions of this section is im- 984. 
 material. 
 
 4558. Samples and prices. Sealed proposals must be ac- 
 companied by sample copies of the books proposed to be fur- 
 nished, together with a statement of the introductory or ex- 
 change price, and of the wholesale and retail prices at which 
 the publishers agree to furnish each book within the state 
 during the full time for which said books may be adopted. 
 
 4559. When proposals are unsatisfactory. If no satis- 
 factory proposals are received, the state superintendent of pub- 
 lic instruction may advertise anew, and the books in use shall 
 be continued in use until satisfactory proposals shall have been 
 received and accepted. Am'd '03, p. 6. 
 
 4560. Publishers to enter into contract. The publisher or 
 publishers whose proposals shall be accepted musl enter into 
 a written contract with the state superintendent of schools, 
 and shall give a bond with two sufficient sureties in a reason- 
 able sum, to be fixed by the convention, for the faithful per- 
 formance of such contract. 
 
 Objection that convention failed to Tanner v. Nelson. 25 l". 226; 70 P. 
 
 fix the amount of the bonds not BUS- 984. 
 tainable. 
 
 4561. School officer or teacher not to act as agent. Xo 
 school officer or teacher in any district school in this state shall
 
 16 M'HOOL LAWS OF THE STATE OF UTAH 
 
 act as agent for any author, publisher, bookseller, or other 
 person to introduce any book, apparatus, furniture, or any 
 article whatever in any district in which such school officer or 
 teacher is officially engaged. 
 
 4562. Receiving money or bonus from publisher. Penalty. 
 If any member of the state text book commission shall receive 
 from the publisher of any school books or from any other 
 person interested in the sale or introduction of any books, maps, 
 charts, or other school supplies into the public schools in the 
 state, any money or bonus in any manner as an inducement for 
 the recommendation or introduction of any such school book in 
 the schools of the state, such person shall be guilty of a misde- 
 meanor. '09, p. 76. 
 
 4563. Failure to enforce use of books adopted. Penalty. 
 If the trustees of any district shall refuse or neglect to en- 
 force the use of text books adopted by the convention, such 
 •refusal or neglect shall be a misdemeanor on the part of any 
 trustee so refusing or neglecting, and shall be punishable by 
 a fine not exceeding $100 and by removal from office. 
 
 CHAPTER 8. 
 
 SCHOOL TAXES AND FUNDS. 
 
 4564. State treasurer to receive and pay over school 
 fund. The state treasurer shall receive and hold as a special 
 fund all public school moneys paid into the state treasury, 
 and pay them over on a warrant of the state auditor, issued 
 upon the order of the state superintendent of public instruc- 
 tion in favor of the county treasurer of each county for the 
 amount clue said - county, and in favor of the treasurer of each 
 board of education for the amount due such board. 
 
 State auditor to report, § 5717. State tax for district schools, § 5998. 
 
 4565. Apportionment :and ,use of ^school funds. The 
 
 county superintendent of each county shall, immediately upon 
 receiving the apportionment from the state superintendent, 
 proceed to apportion the state school funds to the several 
 school districts of his county according to the number of 
 school childen residing in each district over six and 
 under eighteen years of age, as shall appear from the last 
 enumeration reported to his office. The county superinten- 
 dent shall apportion the county school funds in like manner, 
 and as soon as practicable after the receipt of the same or 
 any portion thereof; provided, that before making such ap- 
 portionment lie shall apportion to cities of the first and of 
 the second class and to count v school districts of the first
 
 SCHOOL LAWS OF THE STATE OP UTAH 17 
 
 class their proportion per capita of the county school fund, 
 after which he shall sel aside so much of saiil county fund as 
 the board of county commissioners shall order for the pay- 
 ment of the compensation of the county superintendent, mem- 
 bers of the board of examiners, and the expenses of the 
 county institute, and contingent expenses of the county su- 
 perintendent "s office, and the actual and necessary traveling 
 expenses of the county superintended while making his of- 
 ficial visits, but all warrants drawn by the county super- 
 intendent for the disbursement of the fund so set aside shall 
 be approved by he board of county commissioners; provided, 
 further, that no part of either of said funds shall be used 
 otherwise than for the payment of teachers, except as pro- 
 vided otherwise in this section. The counts- superintendent 
 shall file a duplicate of such apportionmenl with the county 
 auditor. Am'd '01, p. 43; '09, p. 24, 
 
 Apportionment by county auditor, §§ is distributed, under certain provisions 
 
 1560-1562. added to the revenue act of i B96 on pp. 
 
 State superintendent to apportion 489 and 497, are in violation of Con. 
 
 school fund, § 4518. art. 10, sec. 6, and such provisions, being 
 
 The collection of the county school tax in conflict therewith, are invalid, 
 within Salt Lake City and the subtrac- Merrill v. Spencer, 14 U. 273: 46 
 
 tion of a certain sum therefrom for P. 1096. | 
 county school purposes before the fund 
 
 4575. State levy for high school purposes. Limit. The 
 state board of equalization is hereby authorized am 1 directed 
 to levy annually, a state tax of not more than two-tenths of 
 one mill on each dollar of valuation of the taxable propel 
 
 in the state, for high school purposes; and the levy and col- 
 lection of said tax must he performed in the same manner 
 and at the same time ;is other taxes are levied and collected, 
 and shall be apportioned to the several cities and school dis- 
 tricts maintaining high schools as provided by law. Am'd 
 '15, p. 19S. 
 
 4576. Board of education to be notified. On the r; 
 Monday in October of each year, the board of education or 
 
 school board of any city or school district in which a high 
 school is established shall notify in writing^ the state board of 
 education of the establishment of such high school and the in- 
 tention of such city or district to claim the benefits of the high 
 school fund. 
 
 4577. Standard to be fixed. The slate hoard of educa- 
 tion shall by rule fix the standard upon which, and the period 
 during the yt'iw that, high schools in this state shall be main- 
 tained in order to obtain any part of the high school fund. 
 Such rule shall he fixed on or before the 1st day of May, 1911; 
 and thereafter if such rule be amended, the amendment shall 
 take effect on the 1st day of .luly at leasl one year after the 
 date of its adoption. A copy of such rule or amendment shall 
 be furnished to each city or district establishing high scl ools 
 immediately after its adoption.
 
 18 SCHOOL LAWS OF THE STATE OF UTAH 
 
 4578. Report of attendance to state board of education. 
 On the last Monday of January of each year the board of 
 education or board of the city or district in which a high 
 school is established and maintained shall report to the state 
 board of education the actual number of students enrolled in 
 such high school, and an estimate of the number of students 
 who will attend such high school for a period of at least 
 twenty weeks during the current school year; which report 
 must be approved by the president or chairman and the clerk 
 of the board. On the second Monday in June of each year 
 the board of education, or bo,ard of city or district in which 
 a high school is established and maintained, shall report to 
 the state board of education the actual number of students 
 enrolled who have' been in actual attendance in such high 
 school for a period of at least twenty weeks, together with 
 the daily average attendance of the students so enrolled dur- 
 ing such school year; which report must he verified under 
 oath by the president or chairman and the clerk of the board. 
 Such report shall also give such additional information as 
 the state board of education may require in order to enable 
 it to determine the standard of the school. Am'd '15, p. 189. 
 
 4579. State auditor to report amount of funds on hand. 
 
 On the last Monday in January and on the second Monday 
 in June of each year the state auditor shall report to the state 
 board of education the amount then on hand in the state high 
 school fund. Am'd '15, p. 189. 
 
 4580. Apportionment, how computed. Disbursement. 
 Upon receipt of the January reports mentioned in § 4578, and 
 upon receipt of the January report of the state auditor as 
 provided in the next preceding section, the state board of edu- 
 cation shall apportion to the several cities and school dis- 
 tricts maintaining high schools of the standard fixed by the 
 state board of education, 70 per cent of the amount of money 
 then on hand in the state high school fund as shown by the 
 auditor's report; such apportionment shall be made according 
 to the estimated number of students who will be in attend- 
 ance at each high school during a period of at least twenty 
 weeks, as shown by the January report of the board of edu- 
 cation or board of the city or district required to be made by 
 § 457S. The state board of education shall immediately fur- 
 nish to the treasurer of each school board in cities or districts 
 where any such school is maintained an abstract of such 
 apportionment. The state board of education shall also certify 
 such apportionment to the state auditor, and upon receiving 
 such certificate the state auditor shall forthwith draw his war- 
 rant on the state treasurer in favor of the treasurer of the 
 school board for the amount to which said city or district is en- 
 titled under such apportionment. Upon receipt of the June re-
 
 school LAWS OF THE STATE OF ITAII 19 
 
 ports mentioned in § 4578, and upon receipt of the June reporl 
 of the state auditor as required in the nexl preceding section, 
 the state board of education shall make a final apportion- 
 ment of the amount on hand in the state high school fund, 
 as shown by the auditor's report, to the several cities and 
 school districts maintaining high schools for the required pe- 
 riod of time and of the standard fixed by the state board of 
 education. In making such final apportionment the state 
 board of education shall determine the total amount of funds 
 to which each high school is entitled for the entire school year 
 as shown by the number of students who have attended such 
 high school for a period of at leasl twenty weeks as shown by 
 the June reporl of the board of education or board of the 
 city district required in § 4578. The state board of '-dura- 
 tion shall then subtract from the total amount to which each 
 school is entitled the amount such school has already received, 
 and it shall thereupon apportion the balance to such school. 
 The state hoard of education shall immediately furnish to the 
 treasurer of each school hoard in cities or districts where any 
 such school is maintained an abstract of such final apportion- 
 ment. The state board of education shall thereupon certify 
 such final apportionment to the state auditor, and moon re- 
 ceiving such certificate the state auditor shall forthwith draw 
 his warrant on the state treasurer in favor of the treasurer 
 of the school hoard for the amount to which the said city or 
 district is entitled under such final apportionment. '15, 
 
 p. 189. 
 
 4581. High schools to be inspected. The state superin- 
 tendent of public instruction shall cause all high schools claim- 
 ing any benefit from the high school fund, to be inspected at 
 least once during- each school year. Am'd '21, Ch. 
 
 4582. Expense of inspection to be paid from high school 
 fund. The compensation and traveling expenses of a per- 
 son making such inspection shall be fixed by the state board of 
 education, subject to the approval of the state board n\' exam- 
 iners, and shall be paid out of the state high school fund 
 upon claims properly verified by the state board of education 
 and approved by the state hoard of examiners. Am'd '21, Ch. 
 
 4586. Trustees may levy tax to pay judgment obtained 
 for taxes illegal^ collected. When any judgmenl is obtained 
 in a court of competent jurisdiction againsl a school district 
 
 for taxes unlawfully collected for and r< ived by such school 
 
 district, or when there are no funds for the payment of war- 
 rants issued by the trustees of any school district to refund 
 taxes unlawfully collected for and received by such school dis- 
 trict, the trustees of any such school district shall, in addition 
 to all other taxes which they are empowered to levy, order to
 
 20 SCHOOL LAWS OF THE STATE OP UTAH 
 
 be raised upon the taxable property in such school district a 
 sufficient amount of revenue to pay such judgment and war- 
 rants. '01, p. 132. 
 
 CHAPTER. 9. 
 
 CREATING INDEBTEDNESS. 
 
 4590. Boards of Education — powers to borrow money — 
 limitations of debt — vote of qualified electors. The board of 
 education of any county school district of the first class, or 
 the board of education of any city of trte first class, or the 
 board of education of any city of the second class may borrow 
 money, issuing therefor negotiable notes or bonds, or other- 
 wise create indebtedness for the maintenance of the schools 
 within such district or city not in excess of the taxes for the 
 current school year; and any such board of education may 
 borrow money issuing therefor negotiable notes or bonds, or 
 otherwise create indebtedness for the purpose of purchasing 
 school sites and erecting school buildings not in excess of 
 any tax that may have been lawfully authorized or imposed 
 for such purposes, and prior to the collection thereof; but no 
 debt in excess of the school taxes for the current year shall 
 be created by the board of education of any county school dis- 
 trict of the first class, or by the board of education of any city 
 of the first class, or by the board of education of any city of 
 the second class in this state,, unless the proposition to create 
 such debt shall have been submitted to a vote of such qualified 
 electors as shall have paid a property tax therein during the 
 twelve calendar months next preceding such election, and a 
 majority of those voting thereon shall have voted in favor of 
 incurring such debt. Am'd '19, p. 277. 
 
 4591. Additional indebtedness to maintain schools, how 
 authorised. Whenever debts equal to the school taxes for the 
 current year shall have been created by any school district in 
 this stale, or by the board of education of any city of the first 
 or of the second class in this state, thereby rendering it nec- 
 essary to create and incur additional indebtedness in order to 
 maintain and support the schools of any such school district, 
 or the schools controlled by any such board of education, for 
 the current year or any part thereof, then the trustees of any 
 such school district, or any such board of education, as the case 
 may be, may cause the proposition to incur and create such 
 additional indebtedness to be submitted to a vote of such quali- 
 fied electors as shall have paid a property tax in any such 
 school district, or city in the year preceding snch election. 
 
 City school bonds, election, § 4708. For election procedure, see § 462S.
 
 SCHOOL LAWS OF THE STATE OF UTAH 21 
 
 4592. Id. Election in city, how called. Notice. Judges. 
 The election provided for in the preceding section, when held 
 in a city of the first or of the second class, shall be called by 
 publishing a notice, signed by the president and clerk of the 
 board of education, in a newspaper published in the city, for 
 not less than ten days, and by posting said notice at the poll- 
 ing places in each municipal ward of the city for the same 
 length of time next preceding said election. Tin- board of edu- 
 cation, before any notice is published or posted, shall appoint 
 three electors in each municipal ward to condud the elections 
 herein provided for, who shall take and subscribe an oath 
 of office, and who shall make returns thereof to the board, as 
 herein provided. Such, notice shall specify: 
 
 1. The time and place of holding such election ; 
 
 2. The names of the judges at each polling place to con- 
 duct such election; 
 
 3. The hours during which the polls shall remain open; 
 
 4. The amount of indebtedness which the board proposes 
 to incur or create, and for what purposes. 
 
 4593. Id. In other districts. The election provided for 
 in § 4591, when held in any school district other than a city 
 of the first or of the second class, shall be called by publish- 
 ing a notice, signed by the chairman and clerk 'of the board 
 of trustees of such district, in a newspaper published in the 
 count}' in which such district is situated, for not less than ten 
 days, and by posting such notice in three conspicuous places in 
 the district for the same length of time preceding said elec- 
 tion ; if no newspaper be published in said comity, then by such 
 posting of notices only. The board of trustees of such district, 
 before any notice is published or posted, shall appoint three 
 electors to conduct the elections herein provided for, who shall 
 take and subscribe an oath of office, and who shall make re- 
 turns thereof to the board as herein provided. Such notice 
 shall specify: 
 
 1. The time and place of holding such election ; 
 
 2. The names of the judges of election to conduct such 
 election : 
 
 3. The hours during which the polls shall remain open; 
 
 4. The amount of indebtedness which the board propos 
 to incur or create, and for what purposes. 
 
 4594. Ballot. The ballot used at such election shall be 
 furnished by the board of education or by the trustees, as 
 the case may be, and shall express upon its face the proposi-
 
 22 SCHOOL LAWS OF THE STATE OF UTAH 
 
 tions which the board, or the trustees, desire to submit to the 
 taxpayers. 
 
 4595. Who entitled to vote at such election. Challenges. 
 Every registered voter residing in any ward of any city, or 
 residing in any school district in which an election is held for 
 the purpose of determining the question of creating and incur- 
 ring additional indebtedness in such district or city, and which 
 voter shall have paid a property t;ix in such district or city in 
 the year preceding such election, shall be entitled to vote at 
 any such election. Challenges for cause by any quali- 
 fied voter shall be allowed on such election, and promptly 
 decided by the judges conducting the same. 
 
 4596. Canvass of vote. Result. - Immediately after the 
 closing of the polls, the persons appointed to conduct the elec- 
 tion shall proceed to count and canvass the ballots cast at such 
 election and make returns thereof to the board of education, 
 and said board of education shall within five days after such 
 election, meet and canvass said returns, and if a majority of the 
 ballots cast at such election are in favor of incurring and creat- 
 ing such additional indebtedness, then the board of education 
 shall cause an entry of that fact to be made upon the minutes 
 of the board ; and thereupon said board of education shall be 
 authorized and directed to borrow money to incur and create 
 such additional indebtedness as shall be necessary to support 
 and maintain the schools of any such school district or the 
 schools controlled by any such board of education, for the cur- 
 rent year or any part thereof, to the amount mentioned in the 
 notice calling the election, at such rate of interest as may 
 be agreed upon, issuing the negotiable notes or bonds of said 
 district therefor, which notes or bonds shall be payable 
 within five years after their date ; and a tax shall be levied and 
 collected upon all of the taxable property within said district 
 sufficient in amount to pay off and discharge said indebted- 
 ness both principal and interest when the same shall become 
 due. Any board of education within this state may issue ne- 
 gotiable notes or bonds of the district, as herein provided, to 
 evidence any indebtedness authorized to be incurred at an elec- 
 tion heretofore held under the provisions of this chapter; and 
 all proceedings and elections heretofore held under the pro- 
 visions of this chapter to authorize the incurring of indebted- 
 ness, and all notes and bonds heretofore issued by any school 
 district to evidence such indebtedness, are hereby validated and 
 confirmed; provided, however, that where provision has not 
 been made for the payment of such indebtedness, a tax shall 
 be levied and collected upon all taxable property within the 
 district sufficient to pay and discharge such indebtedness, both 
 principal and interest, when the same become due. 
 
 Am'd '21, Ch. 100.
 
 SCHOOL LAWS OF THE STATE OF UTAH 
 
 CHAPTER 10. 
 
 COUNTY SCHOOL DISTRICTS OF THE FIRST CLAS 
 
 4597. How county school districts of the first class are 
 constituted. Each county within the state shall constitute a 
 county school district of the firsl class; provided thai existing 
 county school districts of the first class shall continu such 
 
 county school districts of the first class. Upon the creation 
 of any county school district of the first class through the 
 mation of a \w\\ county or through any other cause, the county 
 commissioners of the county in which such distrid is located 
 shall within sixty days after the creation of such distrid de- 
 signate the name by which such district shall be known and 
 shall divide such districi into, five representative precincts 
 in the manner set forth in Section 4599, and shad appoinl a 
 member of the board of education from each representative 
 precinct to serve on the district board of education until his 
 successor shall be duly elected and shall have qualified; pro- 
 vided, that in case a city school district shall be made a county 
 school district of the first class, the members of the board 
 of education of such city school district shall become mem- 
 bers of the hoard of education of the county school district. 
 and serve during the terms for which they have been elected. 
 If through the change of a county boundary line or through 
 any other cause, one or more school representative precincts 
 are taken from a county school district of the first class, the 
 comity commissioners in the county in which such district is 
 located shall, within sixty days after such change, divide such 
 county school district into, five school representative precincts 
 according to the manner se1 forth in Section 1">99. Am'd '11. 
 p. 267; '13, p. 184; '15, p. 98; '21, Ch. 101. 
 
 4598. Schools therein to be free. Under direction of 
 board. In each district, subject to. the provisions of 
 this chapter, the public schools shall be free to all children 
 between the ages of six and eighteen years. All public schools 
 and school property therein shall be under the direction and 
 control of the board of education. '05, p. 129. 
 
 4599. Board of education, how constituted. School pre- 
 cincts. The board of education of each county school dis- 
 trict of the first class shall consist of five members, one mem- 
 ber to be elected from and by each of said precincts. The 
 board of county commissioners in which such county school 
 district is located shall, during the month of October, 1921, 
 and every ten yea in thereafter, divide the dis unto five 
 representative school precincts, and thereafter members of the 
 board of education shall be elected in accordance with 
 redisricting-. l\' by reason of such redisricting the boundary
 
 24 SCHOOL LAWS OF THE STATE OF UTAH 
 
 lines of any representative precinct are so changed that the 
 member of the board from such precinct becomes a non-resi- 
 dent thereof, then and in that event such member shall be per- 
 mitted to retain his membership during the term for which he 
 was elected. Am'd '13, p. 184; '15, p. 99; '21, Ch. 101. 
 
 4600. Members of board, how elected. Must qualify. 
 There shall be elected in the county school districts of the first 
 class, on the first Wednesday in December, 1908, one member 
 of the board from each odd numbered school representative 
 precinct or district for a term of two years, and at the same 
 time one member of the board from each even numbered school 
 representative precinct or district for a term of four years. 
 On the first Wednesday in December, 1910, and every four 
 years thereafter, there shall be elected one member of the 
 .board from each odd numbered school representative pre- 
 cinct or district for a term of four years, and on the first 
 Wednesday in December, 1912, and every four years thereafter, 
 one member of the board from each even numbered school 
 representative precinct or district for a term of four years. 
 Where any county school district of the first class exists or may 
 be created, the board of county commissioners shall appoint 
 the members of the board of education, to serve until the next 
 election provided for in this section, and until their successors 
 are duly elected and qualified ; provided, that where there have 
 been designated three trustees for the entire district, each one 
 being from a school representative precinct, then these are 
 constituted members of the board of education until the next 
 election, and the board of county commissioners shall appoint 
 two other members, one from each unrepresented representa- 
 tive precinct; but where two or more trustees are from one 
 school representative precinct, the board of county commis- 
 sioners shall designate the member of the board of educa- 
 tion. Members of the board of education in a county school 
 district of the first class shall qualify by taking and subscrib- 
 ing the constitutional oath of office, and giving bonds to the 
 district in which they reside in such sum and with such sure- 
 ties as the board of county commissioners may require and 
 approve, conditioned for the faithful discharge of the duties 
 of their office, the oath of office and bonds to be filed with 
 the county clerk. '05, p. 130; '07, p. 142. 
 
 4601. Must qualify, when. Members of the board of 
 education shall qualify previous to, and take their seats at, 
 the first regular meeting in January next after their election, 
 and shall serve until their successors are duly elected and qua- 
 lified. '05, p. 130. 
 
 4602. Elections — conduct — candidates — powers of boards. 
 
 Elections for members of the board shall be called and conduct- 
 ed, and the canvass of returns shall be made, and the qualifi-
 
 SCHOOL LAWS OF THE STATE OF UTAH 25 
 
 cation of electors shall be as provided in the general registra- 
 tion and election laws, except as in this Section hereinafter pro- 
 vided. There mnst be at least one voting place in each school 
 representative precinct. It shall be necessary for each candi- 
 date, or at least five citizens in behalf of the candidate, to file 
 with the clerk of the board of education not less than fifteen 
 days next preceding the day of election, a signed statement an- 
 nouncing that he or she is a candidate, and said clerk shall 
 immediately thereafter furnish a list of said candidates to any 
 citizen who may call upon him for the same. Appointments 
 of judges of election shall be made by the board of education at 
 any convenient time prior to the day of election. The board of 
 education shall furnish the judges of election at every polling 
 place with a sufficient number of official ballots for election 
 purposes and shall pay all other lawful and necessary expenses 
 of the election. The election shall in all other respects be 
 conducted in accordance with the general election laws of the 
 state. The board of education shall exercise all such powers 
 relative to school elections in their respective districts as are 
 conferred upon the board of county commissioners in other 
 elections, so far as conformable with this chapter. '05. p 130 • 
 19, Ch. 89; '21. Ch. 
 
 4603. Qualification of members of Boards — vacancies. 
 Every member of the board of education in county school dis- 
 tricts of the first class shall be and remain a resident, quali- 
 fied, registered voter in the school representative precinct from 
 which he is elected or appointed; and the board of education 
 is hereby required to fill any vacancy that may occur through 
 non-residence or any other cause, until the next election of a 
 member of the board in the precinct where such vacancv has 
 occurred. '05, p. 131 ; 11, p. 267 ; 19, p. 278. 
 
 4604. Board must organize. The members appointed or 
 elected as herein provided shall, before entering upon the dis- 
 charge of their duties, take and subscribe the constitutional 
 oath of office. They shall organize by electing from their num- 
 ber a president and vice-president, whose term of office shall 
 be for two years, and until their successors are elected and 
 qualified. They shall also elect a clerk and a treasurer, who 
 shall be registered voters in the school district, and whose 
 respective terms of office shall be two years, and until their 
 successors are elected and qualified. '05, p. 131. 
 
 4605. Officer may be removed by two-thirds vote. Any 
 officer appointed or elected by the board of education for a 
 specified term, as provided in the next preceding section, may 
 be removed from his office for cause by a vote of two-thirds 
 of the board. '05, p. 131.
 
 26 SCHOOL LAWS OF THE STATE OF UTAH 
 
 4606. Board may appoint other officers. The board of 
 education shall have power to appoint all other officers that 
 in its judgment may be necessary fully to carry out the pro- 
 visions of this chapter, for the protection and improvement of 
 school property, and for the promotion of the interests of the 
 schools, and remove the same at pleasure, and may require any 
 such officer to give a bond to the board in such sum as it may 
 prescribe. The oath of office and bond of the clerk shall be 
 filed with the treasurer, and all others shall be filed with the 
 clerk. '05, p. 131. 
 
 4607. Superintendent of schools to be elected. Term. 
 Duties. ..At the first meeting of the board in June, 1911, and 
 biennially thereafter, a superintendent of schools shallbe elect- 
 ed by the board, who at least shall be the holder of a life di- 
 ploma of grammar school grade and who, shall subscribe the 
 constitutional oath of office, and shall enter upon his duties 
 on the 1st day of July thereafter. His term of office shall be 
 two years, and until his successor shall be elected and quali-' 
 fied ; provided, that until the date herein stated, the county 
 superintendents of schools shall, as such officers, perform the 
 duties of superintendent of schools in its county school dis- 
 tricts of the first class situated in the county of which he is 
 school superintendent. Said superintendent shall attend the 
 convention of school superintendents provided for in § 4524. 
 '05, p. 132; '11, p. 267-8. 
 
 4608. School year. Reports to board. Reports to state 
 superintendent. The school year shall commence on the first day 
 of July annually, and close on the last day of June following. 
 The annual reports of the president, the superintendent, and 
 the several committees shall be presented to the board at or 
 before the first regular meeting in August of each year; and 
 the financial and statistical reports of the board for the past 
 school year, containing such items as shall be required by law 
 or by the state superintendent, shall be forwarded to the state 
 superintendent on or before August 15th of each rear. Am'd 
 .'21, Ch. 103. 
 
 4609. Compensation of members of board. The members 
 
 of the board of education shall fix the compensation to be re- 
 ceived for their services, at a sum not to exceed $300 each per 
 annum, and traveling expenses, not to exceed $100 each per an- 
 num ; provided, that the compensation of members of the board 
 appointed prior to any election of members as named herein 
 shall be fixed by the board of county commissioners. '05, p. 
 132; '07, p. 40. 
 
 4610. Annual school census. Ages of persons enumerated. 
 The board of education shall appoint suitable persons
 
 SCHOOL LAWS OF THE STATE OF UTAH 2 
 
 _< 
 
 for each school representative precinct, who shall act as 
 enumerators for school population for said precinct, and \ 
 exevy hous.' therein between the L5th and 31s1 of October of 
 each year, and ascertain and enter upon the lists the name of 
 every person residing in such precind who on October 3ls1 
 of that year shall have reached the age of six and shall not have 
 reached the age of eighteen. Provided, that all children be- 
 tween said ages attending other than the district or public high 
 schools outside the ddstrid in which they reside, shall be enu- 
 merated in their home district. Such enumeration lists shall 
 ■contain all information required by law, and such other infor- 
 'mation as the state superintendent or the board of education 
 may require. Am'd '21. Ch. 103. 
 
 4611. School census report to state superintendent. 
 The enumeration lists shall be filed with the clerk 
 of the board as soon as completed, and not Later than the iOth 
 iday of November. Immediately thereafter the clerk of the 
 board shall make out and forward to the state superintendent a 
 statement showing the number of school age residing in the 
 district, together with all other information obtained under the 
 provisions of the next preceding section that may he required 
 by the state superintendent. Am'd '21, Ch. 103. 
 
 4612. Duties of president of board. It shall he the duty 
 of the president to preside at all meetings of the board, to ap- 
 point all committees, and to sign all warrants ordered by the 
 board of education to be drawn upon the treasurer for school 
 moneys. In case of the absence or disability of the presi- 
 dent, his duties shall be performed by the vice-president. 
 Am'd '05, p. 133. 
 
 4613. Clerk of board must qualify. Before entering upon 
 
 the discharge of his duties, the clerk shall give a bond to the 
 board of education of such school district in such sum as said 
 board may prescribe, with good and sufficient sureties, to be 
 approved by the board, conditioned for the faithful perform- 
 ance of his duties, and shall qualify according to law. '0-">, p. 133. 
 
 4614. Duties of clerk of board. It shall be the duty of 
 the clerk to attend all meetings of the board; to keep an 
 accurate journal of its proceedings, and have the care and 
 custody of the seal, records, and papers not otherwise provided 
 for; to countersign all warrants drawn upon the treasurer by 
 order of the board; to keep an accurate account of all mone 
 paid to the treasurer on account of said board and from what 
 source received, and all moneys paid on orders drawn on the 
 treasurer by order of said board; and to prepare and submit 
 to the board an annual statement, under oath, of the recei] 
 and disbursements during the year ending Ju ich
 
 28 S( 'IIOOL LAWS OF THE STATE OF UTAH 
 
 statement the board shall cause to be published in a news- 
 paper having general circulation in the county, showing: 
 
 1. The amount on hand at the date of the last report ; 
 
 2. The amount of sinking fund, and how invested ; 
 
 3. The moneys paid out, to whom, and for what paid ; 
 
 4. The balance of school moneys on hand; 
 
 5. The number, date, and amount on every bond issued 
 and redeemed under the authority herein given, and the amount 
 received and paid therefor. 
 
 The clerk shall perform such other duties as the board and 
 its committees may require. He shall receive for his services 
 such compensation as the board may determine. '05, p. 133. 
 
 4615. Treasurer of board must qualify. Duties. The 
 
 treasurer of the board of education shall subscribe to the con- 
 stitutional oath of office, and give a bond |to the board with 
 sufficient sureties and in such sum as the board may require ; 
 said oath and bond to be approved by the board and filed 
 with its clerk. He shall be the custodian of all moneys belong- 
 ing to the corporation and be responsible upon his bond for 
 all moneys received by him as treasurer. He shall prepare and 
 submit in writing a monthly report of the receipts and dis- 
 bursements of his office, and pay out school moneys only upon 
 a warrant signed by the president, or, in his absence or dis- 
 ability, by the vice-president, countersigned by the clerk, and 
 shall perform such other duties as the ,board may require. The 
 treasurer shall receive for his services such amount as the 
 board of education may fix and determine. The board may re- 
 quire the treasurer to keep his office and records in the office 
 of the board. '05, p. 134. 
 
 Premium on bond paid, § 4500. 
 Funds to draw interest and how de- 
 posited, §4500. 
 
 4616. Board a body corporate. Members of board and 
 clerk may administer oaths. The board of education of any 
 such county school district of the first class shall be a body 
 
 corporate under the name of "The Board of Education of 
 
 School District" (inserting the proper name), and shall have 
 an official seal conformable to such name, which shall be 
 used by the clerk in the authentication of all matters requiring 
 it. Said board, in the name aforesaid, may sue and be sued; 
 may take, hold, lease, sell, and convey real and personal prop- 
 erty, as the interests of the school may require. The members 
 of the board and the clerk thereof shall have the power and 
 authority to administer oaths in proof of claims against said 
 corporation, and no claim or account, except salaries of (teach- 
 ers and janitors, shall be audited or allowed bv the board of
 
 
 
 SCHOOL LAWS OF THE STATE OF UTAH 29 
 
 education unless the correctness of the same shall be verified 
 under oath. '05, p. lo4. 
 
 4617. Powers of board. The board of education shall 
 have the power and authority to purchase and sell schoolhouse 
 sites and improvements thereon; to construct and erect school 
 buildings and to furnish the same; to. establish, locaje, and 
 maintain kindergarten schools, common schools, consisting of 
 primary and grammar grades, high schools, and industrial or 
 manual training schools; to establish and support school li- 
 braries; to purchase, exchange, repair, and improve the high 
 school apparatus, hooks, furniture, fixtures, and all other school 
 supplies in said schools. It shall supply and loan to pupils in 
 the several grades and departments <>f said schools, except 
 the high school, free of charge, all text books and supplies used 
 by the pupils of said schools; it shall have the power to sell to 
 pupils in the several grades and departments of said schools, 
 at cost, all text books and supplies used by the pupils of said 
 schools to collect all books and apparatus loaned to the pupils of 
 the public schools of any such school district of the first class, or 
 damages for the loss, injury, or destruction of the same: to as- 
 sign to the State Normal School, for the purpose of illustrating 
 instruction in the practice school connected therewith, a suffi- 
 cient number of pupils of appropriate grades, and reimburse 
 the State University or State Normal School for the instruction 
 of such pupils at rates per pupil not exceeding the average 
 cost of instruction per pupil in the public schools of the district 
 as ascertained for each year: to do all things needful for the 
 maintenance, prosperity, and success of the schools, and the 
 promotion of education: to adopt by-laws and rules for the 
 procedure of the board of education, and make and enforce all 
 needful rules and regulations for the control and management 
 of the public schools of the district. '05, p. 134. 
 
 Duties in order to participate in state ren, §§ 1860, 1869. 
 
 high school fund. §5 4575-4582. board has a discretion in d 
 
 May employ physician, § 4550. mining where school shall be held and 
 
 School houses as civic centers, §§ in regulating such mattei 
 
 4551-4554. hop v. Morehouse, 38 D". 234; 112 
 
 •it permits for child- P. 169. 
 
 4617x. Petition of taxpayers — establishment of school — 
 conditions. Whenever a majority of the taxpayers of any 
 voting precinct or precincts having a school population of not 
 less than 1200, within any county school district of the first 
 class shall petition the Board of Education for the establish- 
 ment and maintenance of a high school within such precinct 
 or precincts, the Board of Education shall establish within the 
 territory (unbraced in such precinct or precincts, within one 
 year thereafter, a standard high school: provided, that the jun- 
 ior and senior years of such high school may not he established 
 until the number of students in such years justify such estab- 
 lishment as recommended by the State Board of Education;
 
 30 SCHOOL LAWS OP THE STATE OF UTAH 
 
 provided, further, that no petition shall be considered from 
 fljny precinct, any part of which is within five miles of an 
 established high school and that no such high school shall be 
 located within twelve miles of any existing high school; and, 
 provided, further, that the provisions of this Aft shall not be 
 construed to prevent the establishment of high schools by 
 boards of education independent of petition. 
 
 4618. Restrictions on sale of school property. No school 
 sites or buildings shall be sold or conveyed by the beard of 
 education, except on resolution of the board, duly adopted at a' 
 regular or duly called meeting, and not then without the af- 
 firmative vote of at least two-thirds of all the members of the 
 board. '05, p. 135. 
 
 4619. Trustees of former districts to convey property to 
 board of education. Upon tlm appointment or election and 
 qualification of a board of education for a,ny county school 
 district of the first class, the trustees of all school districts 
 formerly existing in said county school district of the first class 
 shall convey and deliver all the school property in said dis- 
 tricts to the board of education of said county school district 
 of the first class ; and the title of all such property, and all 
 property hereafter acquired for school purposes in said dis- 
 trict, shall be conveved to and vested in said hoard of educa- 
 tion, for the use of the district schools of foul district; and 
 all rights, claims, and causes of action to or for said property, 
 or the use or income thereof, or for any conversion, disposi- 
 tion, or withholding thereof, or for any damage or injury there- 
 to, shall at once vest in the board of education of said district, 
 in trust for the use of the district schools of the district, and 
 said board, in the name aforesaid, may bring and maintain 
 actions to recover, protect, and preserve the property and 
 rights of the district school, and to enforce any contract re- 
 lating thereto, and in its said name may sue anebbe sued in any 
 court of law or equity. And all outstanding debts and obli- 
 gations of any such school district shall be paid by said board 
 of education. '05, p. 135. 
 
 4620. Teachers' examinations. Course of study. Exami- 
 nations for teachers in country school districts of the first 
 class shall he conducted by the state board of education. Such 
 districts shall follow the state course of study, and shad use 
 the text hooks adopted bv the state text book commission. 
 '05, p. 136; '13, p. 185. 
 
 1 i iina1 ions and certificates, 
 
 §§ 4506. 4684. 
 
 4622. School property exempt. All property, real and 
 personal, held by the board of education shall be exempt from 
 general and special taxation, and from all local assessment's
 
 SCHOOL LAWS OF THE STATE OF UTAH 31 
 
 for any purpose, and shall no1 1"- taken in anv manner for debt. 
 '05, p. 136. 
 
 4623. Districts to receive their proportion of school taxes. 
 All districts organized under the provisions of tliis cha] 
 shall receive their pro rata share of any state taxes levied for 
 the support of district schools or any funds thai may be real- 
 ized from any source which, under the operation of law, are 
 required to be divided pro rata for the benefil of children of 
 school age residing in the slate. '05, p. 136. 
 
 4624. Levy in county school districts of the first class. 
 Limit. The board of education shall, on or before the 1st <\ny 
 of May of each year prepare a statement and estimate of the 
 amount necessary for the support and maintenance of the 
 schools under its charge for the school year commencing on 
 the 1st day of July next thereafter, and for the purchase of 
 school sites and the erection of school buildings, also the 
 amount necessary to pay the interest accruing during such 
 year, and not included in any prior estimates on bonds issued 
 
 by the said hoard; also the amount of sinking fund n< ssary 
 
 to he collected during such year for the payment and redemp- 
 tion of said bonds; and shall forthwith cause the same to 
 certified by the president and clerk of said hoard to the of- 
 ficers charged with the assessment and collection of taxes for 
 general county purposes in the county in which the district 
 is situated, and such officers, after having extended the valua- 
 tion of property on the assessment rolls, shall levy such net- 
 cent as shall, as nearly as may he, raise the amount required 
 by the board, which levy shall he uniform on all property with- 
 in the said district as returned on the assessment roll, and the 
 said county officers are hereby authorized and required to 
 place the same on the tax roll: provided that districts of the 
 first (dass existing at the time of the enactment of this law, 
 and that where districts not existing on the firsl day of May 
 shall come into existence by the second Monday in July in 
 any year, the time of preparing the statement and estimate 
 above named shall be extended to the third Monday in July; 
 and any levy id' special tax that may have been made in any 
 distinct abolished or superseded by the creation of such new 
 district shall he vacated. Said taxes shall he collected by the 
 county treasurer as other taxes are collected, hut withoul ad- 
 ditional compensation, for assessing and collecting, and he 
 shall pay to the treasurer of said hoard, promptly as collected, 
 who shall hold the same subject to the order of the hoard of 
 education: provided, that the tax for the support and mainten- 
 ance of such schools shall not r\<-<>c<] in any one year En 
 one-half mills on the dollar upon all taxable property o 
 district: and shall not 1 one ami one-half mills additional 
 
 on the dollar in one year, to he used exclusively for the pur-
 
 32 SCHOOL LAWS OP THE STATE OF UTAH 
 
 chase of school sites and the erection of school buildings, but 
 in aase any funds collected for support or maintainence are 
 not used within the school year for which they were raised, 
 they may be used for building purposes; provided, further, 
 that the board of education in each county school district, of 
 the first class shall also, on or before the first Monday in May 
 of each year, furnish the board of county commissioners an 
 estimate in writing of school funds needed in their districts 
 for the ensuing year for the payment of teachers, of expenses 
 of the county institute, of compensation of the superintendent 
 of schools, which estimate shall be taken by the board of coun- 
 ty commissioners, as required by Section 1864, Compiled Laws 
 of Utah, 1907, or in lieu thereof when there is no county super- 
 intendent, as a basis for the county school tax levy provided 
 for in Section eighteen hundred and sixty-five, Compiled Laws 
 of Utah, 1907. Am'd '11, p. 266. 
 
 Sec. 4624 as amended by Ch. 111. F. Stillman et. al. (184 Pac. 195): and 
 
 Laws of Utah '15. is unconstitutional Bd. of Ed. Carbon Sch. Dist. vs. Albert 
 
 as to tax limitations therein fixed. See Bryner et. al. (192 Pac. 627). 
 Bd. of Ed. Granite Sch. Dist. vs. Chas. 
 
 4625. County treasurer to pay over taxes. The respective 
 county treasurers shall pay over to the board of education as 
 fast as collected or realized its proportionate amount of delin- 
 quent taxes, interest and costs on all tax sales heretofore or 
 hereafter made. '05, p. 137. 
 
 4626. Special taxes for school buildings and sites. The 
 board of education may, at the annual school election or at 
 a special election, in its discretion, submit to the voters of the 
 district the question of levying a special tax not to exceed 1 
 per cent of all the taxable property in the district, for one or 
 more years, to buy sites, build and furnish school houses, or 
 improve the school property under its control. If the voters 
 declare in favor of such tax, it shall be levied and collected as 
 other school taxes,. and the board of education may applv any 
 money available, raised from taxation, to the building of or the 
 improvement of the school property under its charge. The 
 board of education shall give such reasonable notice of such 
 submission as it may deem proper, and. if submitted at a spe- 
 cial election, may follow the procedure so far as applicable for 
 the issuance of bonds; provided, all school twxes voted by the 
 board of education, or by a special meeting called for that 
 purpose, shall be computed on the valuation of the county as- 
 sessment roll for such year, and shall be voted on or before the 
 1st day of May of any year, and within twenty days thereafter 
 the board shall make certified returns of the per cent of the 
 taxes so voted to the county auditor and the county assessor, 
 who shall acknowledge receipt of the same. The county as- 
 sessor shall assess for each special tax, at the time and manner 
 provided by law for assessing state and county taxes, and shall
 
 SCHOOL LAW-- OF THE STATE OF I'TAII 33 
 
 give to The distrid school taxpayers similar notices to thi 
 
 which are required by lav to 1"' given the taxpayers ol 
 
 and county taxes. The off] arged with the collecti 
 
 special school I shall pay to the 
 
 of the school di in which the same is collected, mak 
 
 payments of thi collected a1 the end oi 
 
 month. On the day of De 
 
 roll, he shall complete the payment o 
 
 upon sue!) r rther, all school 
 
 and assessed under the provisions of this cl 
 
 due and delinquent a1 th and b ;ol- 
 
 lected by the sami nd in thi er, and shall 
 
 attach to and b< a- lien on real and 
 
 jed at the same and ci Am 'd '15,. 
 
 p. 100. 
 
 4627. Special election for bending: district. The hoard of 
 education may. when in its judgmenl it is advisable, or shall, 
 when petitioned by a majority of the resident taxpayers of | 
 school district, as appears by the comity it roll of 
 the last preceding year, cad an electii n in ea >re- 
 sentative precinct of the distrid. and submit to tl ers 
 of the district whether bon ;uch district -had be issued 
 and sold for the purpose of raising money for pure] >ol 
 sites, for building or purchasing md 
 supplying the same with furniture and - y apparal 
 for improving the grounds, and for the refunding and 
 redemption of all or any portion of any bonds out- 
 standing in any such district. '05, p. 138. 
 
 Bond elections generally, §§ 4590- 
 4596. 
 
 4628. Election, how called. The cvided for in 
 the preceding se< tion shall be called by publish] 
 
 than ten days, a notice signed h;. nt and clerk of 
 
 the board ; education, in a newspaper having 
 culation in the school district, and by 
 
 polling places in each ' is - 
 
 trict for the same length i lec- 
 
 tion. The hoard of education before any noti ied 
 
 or posted, shall appoinl ^ n - 
 
 tative district to conduct the bond in provided for, 
 
 who shall take and subscribe an oath of office, and who shall 
 make returns thereof to the board as herein provided. Such 
 notice shall contain: 
 
 1. The time and place of holding same; 
 
 2. The names of the judg each polling place to con- 
 duct the same : 
 
 3. The time during which the polls will remain open;
 
 S4 SCHOOL LAWS OF THE STATE OF UTAH 
 
 4. The amount and denomination of the bonds, the rate 
 of interest, and the number of years, not exceeding twenty, 
 the whole or any part of said bonds are to rim. 
 
 In case it shall become necessary in a county school dis- 
 trict of the first class to incur additional indebtedness as pro- 
 vided in § 4591, the election therefor shall be called and con- 
 ducted as prescribed in this section, except that the fourth 
 subdivision required herein in the notice shall specify, instead 
 of the amount and denomination of the bonds, etc., the amount 
 of indebtedness which the board proposes to incur or create, 
 and for what purposes. '05, p. 138. 
 
 4629. Form of ballot. The ballot used at such election 
 shall be furnished by the board of education, and shall express 
 upon its face the questions the board desires to submit to the 
 taxpayers. No informalities in conducting such election shall 
 invalidate the same, if it shall have been otherwise legally con- 
 ducted. '05, p. 139. 
 
 4630. Qualifications of electors. Every registered voter 
 residing in any school representative district in which any 
 election is held for the purpose of determining the question 
 of issuing bonds for such school district, and who shall have 
 paid a property tax therein in the year preceding such elec- 
 tion, shall be entitled to vote at any such election. Challenges 
 for cause by any qualified voter shall be allowed at such elec- 
 tion, and promptly decided by the judges conducting the same. 
 '05, p. 139. 
 
 4631. Canvass of votes cast. Returns. Statement to be 
 filed with county clerk, immediately after the closing of the 
 polls, the persons appointed to conduct the same shall proceed 
 to count and canvass the ballots cast at such election, and 
 make returns thereof to the board of education ; and said 
 board shall, within five days after said election, meel and 
 canvass said returns, and if a majority of the ballots cast at 
 said election are in favor of issuing such bonds, Then the board 
 shall cause an entry of that fact to be made upon its minul 
 and shall immediately file with the clerk of the county in which 
 such school district is situated a certified copy of the order 
 of the 'hoard Lueation, and certified copies of the notices 
 published or posted, calling such election, with an affidavit 
 showing when and where said notices were published or posted, 
 and that they were published or posted as required by law and 
 the order of the board of education. The board shall also file 
 with said clerk a statement showing the approximate number 
 of inhabitants and the value of taxable property in the district; 
 that the amount of bonds proposed to be issued, including 
 existing indebtedness, does no,1 exceed four per cent of the 
 value of taxable property in the district; that the election at
 
 SCHOOL LAWS OF THE STATE OF UTAH 
 
 which the question of issuing bonds was submitted was law- 
 fully called and held; thai all pr< lings in relation to tin* 
 
 proposed issue of bonds in said distrid were lawfully conduct- 
 ed, and that such bonds may be lawfully issued ; and thereupon 
 said board of education shall be and it is hereby authorized 
 and directed to issue the bonds of such distrid to the number 
 and amount voted for at such election. The money for the re- 
 demption of said bonds, and the payment of the interest there- 
 on as it shall become due, shall be raised by taxation upon the 
 taxable property of said distrid ivided, that the total 
 
 amount of bonds so issued, including existing indebtedm 
 shall not exceed Tour per cent of the taxable property of I 
 district, as shown by the last equalized assessmenl roll 
 county purposes. '05. p. 139; '07. p. 84. 
 
 4632. Denomination of bonds. Interest. Time. The 
 nomination of the bonds which may be issued under the pro- 
 visions of this chapter shall be $50 or some multiple of fifty 
 not exceeding $1,000, and shall bear f not exceeding 
 the rate of five per cent per annum, payable semi-annually, 
 or annually, in accordance with interest coupons which shall be 
 attached to said bonds, and shall be made payable not more than 
 twenty years from their date. The hoard of education may re- 
 serve the right to redeem such bonds, or any of them, at any 
 time after five years from their issue. Any bonds heretofore au- 
 thorized by vote of any school district remaining unsold may, 
 in the discretion of the board, be hereafter issued, to bear any 
 rate of interest not exceeding five per cent per annum, pay- 
 able annually or semi-annually. '05, p. 140. 
 
 4633. Form of bonds. Whenever any bonds - led 
 under the provisions of this chapter, they shall 1"' engraved, 
 lithographed, or printed on bond paper, and shal 
 
 their face the dale of their issue, the amount of bond, 
 what purpose issued, also the time and place of payment and 
 rate of interest to be paid. They shall have printed upon I 
 margin the words, "authorized by ad of the 1< ire of 
 
 the state of Utah, A. D. 1897, and all supplemental and amen- 
 datory " and upon the back of 
 
 a certificate, signed by the county clerk, in si tially the 
 
 following form : 
 
 I certify that the within bond is issued in a ith 
 
 law, and is within the debt limit permitted by the co.i ion 
 
 and laws of the of Utah, and in with a vote 
 
 of the taxpayers of 1 distrid of - 
 
 county, state of Utah, at an election held on the 
 
 day of 19 , authorizing bonds to the amount of 
 
 dollars.
 
 36 SCHOOL LAWS OF THE STATE OF UTAH 
 
 They .shall be signed by the president and clerk of the 
 board of education and countersigned by the treasurer thereof, 
 and there shall be entered in a book to be kept by the clerk 
 for that ■ e the number, date, and denomination of the 
 
 bo> and the date -when the same shall become due. 
 
 '05, p. 140. 
 
 Certification '.rids ar> I limit, ?§ 466-469. 
 
 4634. Board may sell bonds. Whenever any bonds are 
 
 issued under the provisions of this chapter, the board of edu- 
 cation shall have authority to neg ■ and sell such bonds 
 to the hi< bidder. No contingent bid shall be received, 
 and every bid shall be accompanied by a ied check of 
 five p as a forfeit, payable to ' ler of the board of 
 education. The board may reject, any or all bids. The pro- 
 ceeds shall be used exclusively for +he purpose for which they 
 
 p. 140. 
 
 4635. Redeemed bonds — refunding — validity — objections 
 — procedure — consolidated districts. Whenever any of the 
 boj district - all have been redeemed or pur- 
 chased by the Board of Education, they shall be can- 
 ed by writing or printing in red ink eh bond and 
 
 coupon the word-. "Paid and cancelled ;" and the date of pay- 
 ment and amount paid shall be entered in the clerk's register 
 against the number of the bond he bond and coupons 
 
 so cancelled shall be filed in the office of the clerk of the board 
 and pr ok to be kept for that purpose. Any bond 
 
 or bonds heretofore or hereafter sumed, through 
 
 consolidation or otherv ise, by any board of education or school 
 trict may be refunded at any t : i ird or school 
 
 distrid a a lower rate of inter r terms can be 
 
 obtained, or to provide means for the payment of maturing 
 . and the ] tons shall not apply. 
 
 W " bo d advisable b board of 
 
 educati r of ai h bond or - may be de- 
 
 termined in the following manner: The B of Education 
 
 shall e hed once a wei two s ive 
 
 ed in said school district, or if 
 there be i . then sting for a like period 
 
 in three public and conspicuous places in said district, a 
 notice d< with sufficient particularity for identi- 
 
 fication the bond or bond'; intended to be refunded, and re- 
 quiring any and all persons objecting to the legality, regular- 
 ity, or validity of said bond or bonds, or of the jssne or sale 
 thereof, or of the indebtedness represented thereby, to be and 
 appear before such Board of Education at, a specified place 
 within said district on a specified day and time, which shall not 
 be less than fourteen nor more than sixty days after the first 
 publication of said notice then and there to present in writing,
 
 - HOOL LAWS OF THE STATE OF UTAH 
 
 duly certified, such objection as he or th< the le- 
 
 gality, regularity, or validity of said bond or bonds, the 
 or sale thereof, or the indebtedne id thereby, i 
 
 Board of Education shall convene 'al the time ■m<l ph. 
 specified in said notice and receive all i that a 
 
 presented as aforesaid, which shall thereupon b ind 
 
 preserved by said Board of Education. If no such writ! 
 jections are presented at the time and placi lid 
 
 notice, the Board of Education shall thereupon so certify 
 all persons shall thereafter be >m qu 
 
 ing in any manner or proceeding, the legality, regularity, 
 validity of such bond or bonds, or of the issue or sale tl 
 or of the indebtedness represented thereby, and said Board of 
 Education may thereupon refund or redeem said bond or bond-. 
 
 Any person filing any such written objection shall, with- 
 in twenty days thereafl r, tnmence appropriate Legal pro- 
 ceedings against said Board of Education and such other | 
 son or persons as may be proper parties, in the district court 
 for the county and district wherein said jel >ol district is 
 uated, to challenge and determine the legality, regularity 
 and validity of such bond or bonds, of the issue and Bale there- 
 of, and of the indebtedness represented thereby. The ef" 
 of a failure, for any cause whatever, to eomm rach Legal 
 
 proceedings within said twenty days, shall be the same 
 though no such objection had been presented or filed, and 
 upon proof of such failure by certificate of the clerk of said 
 court or otherwise, said Board of Education may refund or 
 redeem said bonds. 
 
 Bonds may also be issued by a consolid 
 
 without an election, for the funding, pure 1 ion 
 
 of the outstanding indebtedness of any such ool 
 
 district provided such debt was contracted prior I la- 
 
 'tion and was assumed by such 3trict pur- 
 
 suant to law. The legality, regularity, and validity of any such 
 outstanding indebtedness may be determined in the manner 
 herein above set forth for determining the validity of bonds 
 be refunded by any Board of Education. Am'd '05, p. 141 ; 
 P. 2? 
 
 4636. Interest and sinking fund. The I 
 in its annual estimate and levy provided for in this chapl 
 shall include an amount sufficient to pay the in- 
 same accrues on all outstanding bond- I by tl 
 also to create a sinking fund of two per cent of the pa 
 outstanding bonds for the redemption of said lall 
 cause a tax to be levied and collected as in this 
 chapter, and such money shall remain - all 
 not be appropriated or us any otb is 
 hereinafter provided. ~. p. 141.
 
 38 SCHOOL LAWS OF THE STATE OF UTAH 
 
 4637. Investment of sinking fund. The moneys levied 
 and collected for creating a sinking fund for the redemption 
 of the bonds issued by the board of education shall be used as 
 follows : After retaining an amount sufficient to pay the prin- 
 cipal of the bonds maturing during the year, the board shall, 
 with the surplus of the sinking fund, invest the same in bonds 
 of the state of Utah, or of any school district, town, city, or 
 county thereof, or of the United States, on the best terms to 
 be obtained, until such time as it may be needed to purchase 
 any outstanding bonds that may be offered, or until the ma- 
 turity of any such bonds. '05, p. 141. 
 
 Sinking funds may be invested, § 5200 
 
 4638. Bonds a lien on property of district. Bonds issued 
 under the provisions of this chapter shall be a lien upon the 
 taxable property of the school district issuing them, and when 
 the board of education neglects or refuses to levy a tax in ac- 
 cordance with law to meet the outstanding bonds or the in- 
 terest thereon, the board of county commissioners of the county 
 within which such district is situated shall levy such tax and 
 apply the money thus collected to the payment of such bouds 
 and the interest due thereon. '05, p. 141. 
 
 4639. Board shall advertise for bids for building- school- 
 houses. Whenever any schoolhouse is to be built, the board of 
 education shall advertise for at least ten days in some news- 
 paper published in the county for sealed proposals for building 
 such schoolhouse in accordance with the plans and specifica- 
 tions, which shall be furnished by the board of education at 
 its office or at the office of the architect, stating in such ad- 
 vertisement or notice the place where, and the day and the 
 hour when, all proposals will be opened, and reserving the 
 right to. reject any and all proposals, and shall require a cer- 
 tified check of not less than five per cent of the amount of 
 the bid to accompany the same, which check shall be made 
 payable to the order of the board of education, and the check 
 of the successful bidder shall be forfeited in case he fails or 
 refuses to enter into the contract and furnish the bond re- 
 quired. At the time and place specified in said notice, the 
 board shall meet and publicly open and read all the proposals 
 which have been received, and, if satisfactory bids have been 
 received, shall award the contract to the lowest responsible 
 bidder, and shall require of such bidder or contractor a bond 
 in one-half the amount of the contract, conditioned that he will 
 properly perform its conditions in a faithful manner and in 
 accordance with its provisons. In case none of the proposals 
 are satisfactory, all shall be rejected, and said board shall ad- 
 vertise anew in the same manner as before. It may reauire 
 in the contract to be executed that at least twenty per cent of 
 the contract price may be withheld until the building is com-
 
 SCHOOL LAWS OF THE STATE OF I'TAII 39 
 
 pleted and accepted by the board. Bu1 if, after twice adver- 
 tising as provided herein, no satisfactory bid is received, the 
 board may proceed under its own direction to ereel the build- 
 ing required, or in ease of a building no1 exceeding $5,000 in 
 cost, if no. satisficatory bid is received at the first notice, the 
 board may proceed with the construction as it may determine; 
 provided, that no member of the board of education shall be 
 financially interested in the contract, directly or indirectly, 
 in the erection of any school building. '05, p. 142. 
 
 Contractors must give bond, §§ 3753, it will be presumed that the bond was 
 
 3754. require'd of and furnished by the con- 
 
 This section does not apply after tlie tractor in accordance with the statute. 
 
 contract has been entered into and the Tooele Bldg. .'. " v. Tooele Ili^U 
 
 bond furnished, and after the board of School Dist., 43 I . 372; L34 P 894. 
 education had entered into the contract 
 
 4640. Parental schools. The board of education of any 
 county school district of the first class, or the hoard of educa- 
 tion of any tAvo or more such districts, under a contract to be 
 approved by each of such hoards, may provide for the estab- 
 lishment and maintenance of parental schools, and for the sup- 
 port and education of the inmates thereof, conformably with 
 the provisions of this chapter. '05, p. 14:2. 
 
 Parental schools in cities, §§ 47J1- Detention schools, ?§ 1875-1881. 
 
 4729. 
 
 4641. Truants may be committed to parental schools. 
 Any child, between the ages of eight and fourteen years, re- 
 siding within the district or districts maintaining such a school, 
 adjudged guilty of being a habitual truant, or of wandering 
 about in the streets and public places of said district or dis- 
 tricts without lawful employment or business, may he com- 
 mitted to the parental school provided for the purpose, for a 
 term not exceeding beyond the age of fourteen years. '05, p. 142. 
 
 4642. Truant may be released. Any child committed as 
 provided in the next preceding section may he released from 
 confinement at such school, either conditionally or absolute- 
 ly, before the expiration of the terni of commitment, in accord- 
 ance with the by-laws established by the hoard or boards of 
 education maintaining the same. '05, p. 143. 
 
 4643. Neglected children may be committed to parental 
 school. Children under sixteen years of age who. by reason 
 of neglect, crime, drunkenness, or other vices of parents, or 
 by reason of orphanage, are suffered to grow up without sal- . 
 utary parental control and education, or in circumstances 
 encouraging them to lead idle and dissolute lives, may be com- 
 mitted to the proper parental school for a term not extending 
 beyond the age of sixteen years. '05, p. 143. 
 
 4644. How discharged. When the parents of a child 
 committed under the next preceding section have reformed
 
 40 SCHOOL LAWS OF THE STATE OF UTAH 
 
 and arc leading orderly and industrious lives, and are in a 
 'condition to exercise salutary control over such child, and to 
 provide him with proper education and employment; or when, 
 said parents being dead, any person offers to make such suit- 
 able provisions for the care, nurture, and .education of such 
 jchild as will conduce to the public welfare, the board of edu- 
 cation may discharge him to the parents or such other person. 
 '05, p. 143. 
 
 4645. District court has jurisdiction. The district courts 
 of the several counties shall have jurisdiction within their 
 respective counties to enforce the provisions of this chapter, 
 upon such notice to the parents or guardians of the children 
 whom it is proposed to commit to parental schools as the 
 court may deem just and proper. '05, p. 143. 
 
 4646. Parents pay cost of children in parental school. 
 
 Any board or boards of education maintaining a parental 
 school in accordance with § 4640 shall estimate and determine, 
 as near as may be, the average actual expense per month of 
 keeping and taking care of the boys and girls who may be 
 committed to the parental school, and the average cost of 
 keeping such boys and girls shall be wholly paid by the par- 
 ent -or guardian of each boy or girl committed to the school, 
 unless for go,od cause said board or boards of education shall 
 otherwise order and direct. The board of education of the 
 district in which the parent or guardian of any such com- 
 mitted boy or girl resides may bring suit to enforce this pro- 
 vision. '05, p. 143. 
 
 4647. Other children may be received in parental school. 
 On the tender of a payment which will meet all costs of support 
 at the parental school, the board or boards of education main- 
 taining such school may receive into it on equal terms boys 
 or girls whose residence is in the state outside the district or 
 districts to which the school belongs. '05, p. 143. 
 
 4648. Truant officer. The board of education of each 
 county school district of the first class may appoint and fix 
 the compensation of a truant officer, whose duty it shall be 
 to make complaints and arrests in cases contemplated by this 
 chapter, and to serve legal process issued by courts in pur- 
 suance hereof. The sheriff of the county shall make such 
 truant officer a deputy sheriff to, serve without pay, so far 
 as the sheriff's office is concerned. '05, p. 143. 
 
 Duty under employment of children 
 act, § 1864. 
 
 4649. County superintendent's office vacant in certain 
 cases. When a county of the first class is so organized as to 
 school districts that there are no such districts therein, other
 
 SCHOOL LAWS OF THE STATE OF UTAH 11 
 
 than those of cities of the first or of the second class and coun- 
 ty school districts of the Eirsl class, on the firsl .Monday in 
 August nf any year in which then' is a general election for 
 county officers, then no county superintendent of schools shall 
 be elected for such comity at thai election, and the off 
 
 shall become and remain vacant for the sue. ling term or 
 
 terms, as the case may be, except that in the event of th 
 being no election for county superintendent of schools in the 
 year 1906, the present incumbent shall hold office till the 
 1st day of July, 1907; but the board of county commissioners 
 shall fix the salaries therefor, as required by law, to be dis- 
 tributed pro rata among- school superintendents in county 
 school districts of the first class, as provided in § 4624, as com- 
 pensation for services in whole or in part, as such compensa- 
 tion may be fixed by the board of education of the district, 
 no other compensation than that fixed by the board of 
 county commissioners to come out of the general school fund 
 of the county. Where there is no county superintendent of 
 schools under the foregoing provision, then the county auditor 
 shall make to. the school districts in the county the apportion- 
 ment of school funds provided for in § 4565, and the county 
 treasurer shall pay such apportioned funds to the school dis- 
 trict treasurers upon the warrants of the county auditor, who 
 shall make report thereof to the board of county commis- 
 sioners, and to the state superintendent, as provided by law. 
 When there is no county superintendent, the board of county 
 commissioners shall arrange the county teachers' institutes and 
 designate the school district superintendent in the county which 
 shall take charge thereof. '05, p. 144. 
 
 4650. Registration lists to be furnished. It shall be the 
 duty of the county clerk to furnish to boards of education in 
 county school districts of the first class, at least five days pre- 
 viousto the day of election for members of the said hoard, 
 a certified copy of the registration list, showing the names 
 of all registered voters residing in the election district covered 
 by such school districts. : 05. p. 144. 
 
 Registration for school election, 
 §§ 2112, 2136, 2141. 
 
 CHAPTER 11. 
 
 SCHOOLS IN CITIES. 
 
 4660. This chapter applicable to cities of the first and of 
 the second class. Control. All cities of the first and of the 
 second class shall be governed by the provisions of this chap- 
 ter. The public school system therein shall be controlled by
 
 42 SCHOOL LAWS OF THE STATE OF UTAH 
 
 the board of education of such cities, separate and apart 
 from the counties in which the cities are located. 
 
 County school districts of first class, Separate maintenance and control, 
 
 §§ 4597-4650. Con. art. 10, sec. 6. 
 
 4661. Each city a school district. Control. Each city 
 subject to the provisions of this chapter, and all territory 
 which shall hereafter be added thereto, shall constitute one 
 school district, and public schools therein shall be free to all 
 residents thereof between the ages of six and eighteen years 
 of age, and of children within the required age whose father, 
 mother, or guardian is a taxpayer within said district. All 
 public schools and property therein shall be under the direc- 
 tion and control of the board of education. 
 
 4662. Membership of board of education. The board of 
 education of cities of the first class shall consist of ten mem- 
 bers, two to be elected from and by each municipal ward ; 
 and, of cities of the second class, shall consist of five members, 
 one to be elected from and by each municipal ward. 
 
 4663. Election of members of board in cities of the first 
 class. There shall be elected in cities of the first class, on the 
 first Wednesday of December, 1897, two members of the board 
 from each municipal ward, one for the term of one year, and 
 one for the term of three years ; and in 1898, and biennially 
 thereafter, on the first Wednesday of December, one member 
 from each municipal ward for the term of four years. 
 
 4664. Election of members of board in cities of the sec- 
 ond class. There shall be elected in cities of the second class, 
 on the first Wednesday of December, 1916, one member of the 
 board of education from the first municipal ward for a term of 
 one year; one member from the second municipal ward for a 
 term of two years : one member from the third municipal ward 
 for a term of three years; one member from the fourth muni- 
 cipal ward for a term of four years ; one member from the 
 fifth municipal ward for a term of five years, and thereafter 
 there shall be elected annually on the first Wednesday in 
 December for the term of five years, a member from the ward 
 in which the term of a member expires. Am'd '13, p. 38. 
 
 4666. Election of Boards in city districts — procedure. 
 
 Elections for members of the Board shall be called and con- 
 ducted, and the canvass of returns shall be made, and the 
 qualifications of electors shall be as provided in the general 
 registration and election laws, except as in this Section here- 
 inafter provided. There must be at least one voting place in 
 each municipal ward. It shall be necessary for each candi- 
 date, or at least five citizens in behalf of the candidate, to 
 file with the clerk of the Board of Education not less than
 
 SCHOOL LAWS OF THE STATE OP I'TAH 43 
 
 fifteen days next preceding the date of election, a signed 
 statement announcing thai he or she is a candidate, and '-aid 
 clerk shall immediately thereafter furnish a list of said <-an- 
 didates to any citizen who may call upon him for the same. 
 Appointments of judges of election shall be made by the Hoard 
 of Education at any convenient time prior to the day of elec- 
 tion. The Board of Education shall furnish the judges of 
 election at every polling place with a sufficient number of 
 official ballots for election purposes and shall pay all other 
 lawful and necessary expenses of the election. The election 
 shall in all other respects be conducted in accordance with 
 the general election laws of the stale. The Board of Edu- 
 cation shall exercise all such powers relative to school elections 
 in their respective cities as are conferred upon the Board of 
 County Commissioners in other elections, so far as conform- 
 able with this chapter. Ani'd 19, p. 279; '21, Ch. 102. 
 
 Elections generally S S 2100-2424. Registration for school election! 
 
 School elections generally, 5 4602. 2112, 2136, 2141. 
 
 4667. Qualification of members of board. Vacancy. 
 Every member of the board of education in cities of the first 
 and of the second class shall be and remain a resident, quali- 
 fied, registered voter in the municipal ward from which he is 
 elected, and the board of education is hereby required to fill 
 any vacancy that may occur through non-residence or any 
 other cause, until the next election of members of the hoard: 
 and in case the board of education, shall, for a period of thirty 
 days after such vacancy shall occur, fail to agree upon the 
 election of a member to fill such vacancy, then the mayor of 
 the city, by and with the consent of the city council, shall 
 fill such vacancy until the next election; provided, that any 
 vacancy occurring previous to the annual election having an 
 unexpired term shall be filled for such unexpired term at 
 the first school election thereafter, and the ballots shall he as 
 follows : "To fill the unexpired term " Am'd ? 07, p. 202. 
 
 4668. Officers . Oath. The members elected as herein 
 provided shall, before entering upon the discharge of their 
 duties, take and subscribe the oath of office. In cities of tin- 
 first class they shall organize by electing from their number 
 a president and a vice-president, whose term of office shall 
 be for two years, and until their successors are elected and 
 qualified. In cities of the second class the member having 
 one year to serve shall be ex officio president and the member 
 having two years to serve shall be ex officio vice-president. 
 They shall aiso elect a clerk and a treasurer, who shall be re- 
 gistered voters in the scho.ol district, and whose respective 
 terms of office shall be two years, and until their successors 
 are elected and qualified. Am'd 13, p. 39. 
 
 Issue emplovment permits for child- 
 ren, §§ 1860-1869.
 
 44 SCHOOL LAWS OF THE STATE OF UTAH 
 
 4669. Removal of officers. Any officer appointed or 
 elected by the board of education for a specified term may 
 be removed from his office for cause by the vote of two-thirds 
 of the board. 
 
 4670. Board may appoint necessary officers. The board 
 of education shall have power to. appoint all other officers 
 that in its judgment may be necessary fully to carry out the 
 provisions of this chapter, for the protection and improve- 
 ment of school property, and for the promotion of the inter- 
 ests of the schools, and remove the same at pleasure, and may 
 require any such officer to give bonds to the board in such 
 sum as it may prescribe. The oath of office and bond of the 
 clerk shall be filed with the treasurer, and all others shall be 
 filed with the clerk. 
 
 4671. Election of superintendent. Oath and bond. At 
 the first meeting- of the board in June, 1898, and biennially 
 thereafter, a superintendent of schools shall be elected, who 
 shall subscribe an oath of office, and shall enter upon his duties 
 on the 1st day of July thereafter. His term of office shall be 
 two years, and until his successor shall be elected and qualified. 
 
 Issue employment permits for child- 
 ren, § 1860-1869. 
 
 4672. School year. Reports. The school year shall com- 
 mence on the first day of July annually, and close on the last 
 day of June following. The annual reports of the president, 
 the superintendent, and the several committees shall be pre- 
 sented to the board at or before the first regular meeting in 
 August of each year; and the financial and statistical reports 
 of the board for the past school year, containing such items 
 as shall be required by law or by the state superintendent, shall 
 be forwarded to the state superintendent on or before August 
 15th of each year. Am'd '21, Ch. 103. 
 
 4673. Compensation of members. Penalty. The members 
 of- the board of education shall fix the compensation to be re- 
 ceived for their services, at a sum not to exceed $100 per an- 
 num. No member of the board of education shall take any con- 
 tract, receive appointment, or perform labor for which he 
 shall receive payment from the school funds or in any way 
 receive compensation other than the salary herein provided. 
 Any violation of the provisions of this section shall be deemed 
 a misdemeanor. Am'd '05, p. 39. 
 
 4674. Annual school census. The board of education 
 shall appoint suitable persons for each ward, who shall act 
 as enumerators for school population for said ward, and visit 
 every house therein between the fifteenth and thirty-first of 
 October of each year, and ascertain and enter upon the lists
 
 
 SCHOOL LAWS OF THE STATE OF UTAH 15 
 
 the name of every person residing in such ward who on 
 October thirty-first of that year shall have reached tl 
 of six and shall not have reached the age of eighteen. !' 
 vided, thai all children betwi ther 
 
 than the district or public high district 
 
 in which thi all be enumerated in their home dis- 
 
 trict. Such enumeration lists shall in all in tion 
 
 required by law, and sue! 
 superintendent or the board of education i 
 
 M '21, Ch. 103. 
 
 4675. Census reports. T ration lists shall be filed 
 with the cjerk of the board as soon as completed, and 
 later than the tenth clay of November. Immediately there- 
 after the clerk of the hoard shall make out and forward to 
 the state superintendent a statement showing the number of 
 children of school age residing in the district, together with all 
 other information obtained under the provisions of the next 
 preceding section that mav be required by th superin- 
 tendent. Am'd '21, Ch. 1<> 
 
 4676. Duties of president defined. Vice-president. It 
 the duty of the president to preside a1 all meeti 
 
 of the board, to appoint all commitl 
 
 warrants ordered by the board of education to be drawn upon 
 the treasurer for school moneys. In case o£ the absenc dis- 
 
 ability of the president, his dutii - shall be performed by the 
 vice-president. 
 
 4677. Bond of clerk of board, 1 tering upon the 
 discharge of his duties, the clerk shall give a bond to the 
 hoard of tion ofsuch city in such sum as said board may 
 prescribe, with good and sufficienl sun approved 
 by the board, conditioned for the faithful performai 
 
 his duties, and shall qua! cordini law. 
 
 4678. Dirties and compensation of clerk, [t shall be the 
 duty of the clerk to attend all i - of the board . 
 
 an accurate journal of its proci nd 
 
 custody of the seal, reco . and pa 
 
 vided for; to. countersign all warrants drawn upon 
 
 urer by order oJ rd; to keep an aecu scount of all 
 
 moneys paid to the treasurer on account *d and 
 
 from what source received, and all mi paid on o 
 
 drawn on the tre m *r by order of said board; and to pr 
 
 and submit to the hoard an annual statement, under oath, of 
 
 the receipts and disbursements during the year ending June 
 
 30. which statement the hoard shall cause to be published in 
 
 a newspaper having general circulation in said city, showing: 
 
 1. The amount on hand at the date of the lasl t: 
 
 2. The amount of sinking fund and how invested;
 
 46 SCHOOL LAWS OF THE STATE OF UTAH 
 
 3. The moneys paid out, and for what paid; 
 
 4. The balance of school moneys on hand; 
 
 5. The number, date, and amount on every bond issued 
 
 and redeemed under the authority herein given, and the 
 amount received and paid therefor. 
 
 The clerk shall perform such other duties as the board and 
 its committees may require. He shall receive for his services 
 such compensation as the board may determine. Am'd '11, 
 p. 124. 
 
 4679. Duties and compensation of treasurer. The treas- 
 urer of the board of education shall subscribe to the oath of 
 office and give a bond to the board with sufficient sureties and 
 in such sum as the board may require ; said oath and bond to 
 be approved by the board and filed with its clerk. He shall 
 be the custodian of all moneys belonging to the corporation, 
 and be responsible upon his bond for all moneys received by 
 him as treasurer. He shall prepare and submit in writing a 
 monthly report of the receipts and disbursements of his of- 
 fice, and pay out school moneys only upon a warrant signed 
 by the president, or, in his absence or disability, by the vice- 
 president, countersigned by the clerk, and shall perform such 
 other duties as the board may require. The treasurer shall 
 receive for his services such amount as the board of education 
 may fix and determine. The board may require the treasurer 
 to keep his office and records in the office of the board. 
 
 Premium on bond, how paid. 5 4500. § 4754. 
 
 Funds to draw interest and where Require) for participation >in 
 
 L, § 4500. slata high school fund, §5 4575-4582. 
 Treasurer teachers' retirement fund, 
 
 4680. Board of education a body corporate. Powers and 
 
 duties. The board of education of any such city shall be a 
 body corporate under the name of "The Board of Education 
 
 of City" (inserting the proper name), and shall 
 
 have an official seal conformable to such name, which shall 
 be used by the clerk in the authentication of all matters re- 
 quiring it. And said board, in the name aforesaid, may sue 
 and be sued: may take, hold, lease, sell, and coi vey real and 
 personal property, as the interests of the schools may require. 
 The members of the board and the clerk thereof shall have 
 the power and authority to administer oaths in proof of claims 
 and accounts against said corporation, and no claim or account 
 daries of teachers and janitoi ill be audited or al- 
 
 lowed by the board of education unless the correctness of the 
 same shall be proved under oath. 
 
 4681. Powers and duties defined. The board of educa- 
 tion shall have the power and authority to purchase or sell 
 schoolhouse sites and improvements thereof; to construct and 
 erect school buildings and to furnish the same; to establish,
 
 SCHOOL LAWS OF THE STATE OF ITAII 47 
 
 locate, and maintain kindergarten schools, <•uhihh.ii schools, 
 consisting of primary and grammar grades, high schools, and 
 industrial or manual training schools; to establish and sup- 
 port school libraries: to purchase, exchange, repair, and im- 
 prove the high school apparatus, books, furniture, fixtures 
 and all other school supplies in said schools. It shall sup- 
 ply and loan to pupils in the several grades and departments 
 
 of said schools, excepl the high school, fr f charge, all 
 
 text books and supplies used by the pupils of said schools; 
 it shall have the power to sell to pupils in the several grades 
 and departments of said schools, at cost, all text books and 
 supplies used by the pupils of said schools; to colled all 
 books and apparatus, loaned to pupils of the public schools 
 of any such city, or damages for the loss, injury, or destruc- 
 tion of the same; to assign to the state Normal School, 
 the purpose of instruction in the prad - shoo! connected 
 therewith, a sufficient number of pupils of appropriate grades, 
 and reimburse the state university or said normal school for 
 the instruction of such pupils at rates per pupil uo1 exceeding 
 the average cost of instruction for pupils in the public schools 
 of the city as ascertained for each year; to do all things need- 
 ful for the maintenance, prosperity, and su< ss of the schools, 
 
 and the promotion of education: to adopt by-laws and rules 
 for procedure of the board of education, and make and en- 
 force all needful rules and regulations for the control and 
 management of the public schools of the city; provided, that 
 said school boards shall purchase all books now remaining in 
 the hands of the merchants of their respective cities, at the 
 introductory exchange price. Am'd '03, p. 159. 
 
 Authority to establish high schools, May employ physician, ' ',540. 
 
 Con. art. io. sec 2. The arbitrary closii tools 0:1 
 
 Compulsory attendance of c of smallpox does 
 
 §§ 4740-4743. nor the board of education of 
 
 Control of local hoards of health, liability for salary of teacher, under 
 
 « 27£ tract, for time lost .lurintr such 
 
 Insure employees §§ 3110, 3111, period. 
 
 3119. McKay v. Barnett, 21 T". 239: 60 
 
 Duties as to school houses as civic P. 1100. 
 centers, 5 § -1 " 5 1 • 1 5 5 1 - 
 
 4682. Sale cf sites and buildings. or 
 buildings shall be sold or conveyed by the board of edn 
 tion, except on resolution of the board, duly adopted at a 
 regular or duly called meeting, and not then without the 
 affirmative vote of at least two-thirds of all the members of 
 the baord. 
 
 4683. Board has rights and duties of constituent dis- 
 tricts. Suits by and against. Upon the election and qualifi- 
 cation of a board of education for any city, the trusl 
 
 all school districts sxisting in sai shall convey and deliver 
 
 all the school property in said district to the board of edu- 
 cation of said city: and the title of all such property, and all
 
 48 SCHOOL -LAWS OP 1 THE STATE OP UTAH 
 
 property hereafter acquired for school purposes in said city, 
 shrill be conveyed to and vested in said board of education, 
 for the use of the district schools of said city; and all rights, 
 claims, and causes of action to or for said property, or the 
 use or income thereof, or for any conversion, disposition, or 
 withholding thereof, or for any damage or injury thereto, shall 
 at once vest in the hoard of education of said city, in trust 
 for the use of the district schools of the city, and said board, 
 in the name aforesaid, may bring and maintain actions to 
 recover, protect, and preserve the property and rights of the 
 district schools, and to enforce any contract relating thereto, 
 and in its said name may sue and be sued in any court of 
 lav or equity. And all outstanding debts and obligations of 
 any such school district shall be paid by such! board of edu- 
 cation. 
 
 4684. Board of examiners, how constituted. In each city 
 of the first and of the second class there shall be a board 
 of examiners, consisting of the city superintendent of public 
 schools, or the superintendent-elect, and two or more other 
 members having practical experience as teachers, residents 
 of said city, to be designated associate examiners. The as- 
 sociate examiners shall be elected by the board of education 
 at their first meeting in April annually, and shall hold of- 
 fice for one year, but no candidate for examination as a pre- 
 liminary to teaching in the public schools shall be an as- 
 sociate examiner. Ain'd '05, p. 111. 
 
 4G85. Chairman of examiners. The city superintendent 
 of public schools, or superintendent-elect, shall be chairman 
 of the board of examiners. 
 
 4686. Compensation of associate examiners. The asso- 
 ciate examiners shall receive such a staled compensation per 
 diem for services actually rendered as may be allowed them 
 by the board of education. The chairman of the board of 
 
 miners shall certify to the correctness of claims for ser- 
 vices rendered by the associate examiners. 
 
 4687. Teachers' examinations. Special meetings. Rec- 
 ord. The board of examines shall meet and hold examina- 
 tions for the granting of teachers' certificates on such occa- 
 sions only as may be authorized by the board of education. 
 Special meetings, not for the purpose of conducting exami- 
 nations, may be called by the chairman, when, in his judg- 
 ment, the same are necessary. A record of the proceedings 
 of the board of examiners shall be kept in the office of its 
 chairman, and at all times be open for the inspection of the 
 board of education ; and such portions of it as may concern 
 any candidate for a certificate shall be open for the inspec-
 
 SCHOOL LAWS OF THE STATE OF UTAH 49 
 
 tion of such candidate or his authorized representative. 
 
 State examination and diplomas, §§ 
 4506-4511. 
 
 4688. Power of board of examiners. Issue, renewal, and 
 revocation of certificates. The board of examiners shall have 
 
 power : 
 
 1. To adopt rules and regulations, uol inconsistent with 
 the laws of the state or the rules* of the board of education, 
 for its own government and for the examination of feeachers, 
 and to fix standards of proficiency for the granting and re- 
 newing of certificates, either heretofore or hereafter issued, 
 subject. to the approval of the board of education. 
 
 2. To prepare questions on the various subjects pre- 
 scribed by law. and examine by written or oral examination 
 all candidates for any of the following certificates: 
 
 First. A city high school certificate, valid, for one year 
 only, unless relieved, and authorizing the holder to teach or 
 serve as principal in any primary, grammar, or high school in 
 the city : 
 
 Second. A city grammar certificate, valid for one year 
 
 only, unless renewed, and authorizing the holder to teach 
 
 in any primary or grammar school, or serve as principal 
 in any primary school in such city: 
 
 Third. A city primary certificate, valid for one year only, 
 unless renewed, and authorizing the holder to teach in any 
 primary school in the city. 
 
 The board of examiners shall report the result of all exam- 
 inations to the board of education, who through the presi- 
 dent, and clerk thereof, shall issue to the successful candi- 
 dates the certificates io which they are entitled. 
 
 3. To recommend to the board of education the renewal of 
 the various renewable certificates, in accordance with such r 
 ulations as they may adopt, or as may he prescribed by the 
 board of education; whereupon said hoard of education, 
 through .its president and clerk, may renew such certifies 
 from vcar to year. 
 
 4. For immoral and unprofessional conduct, profanity, 
 
 intemperance, or evident unfitness for teaching, to recommend 
 to the board of education the revocation of any certificate 
 previously granted by said hoard of education. 
 
 .">. In case of necessity, to grant, by the chairman of the 
 board of examiners, temporary certificates to teachers of ex-
 
 50 SCHOOL LAWS OF THE STATE OF UTAH 
 
 perience of whose ability to pass the regular examination 
 there is no doubt; provided, that such temporary certificate 
 shall be valid only until the next regular examination, and 
 under no circumstances shall be issued more than once to the 
 same person. 
 
 4689. Qualification of applicant for* certificate. No cer- 
 tificate or permission to teach shall be issued to any person 
 not eighteen years of age. No certificate shall be granted to 
 any person whose moral character or habits are known by the 
 board of examination or by the board of education, to be bad, 
 or who is afflicted with a serious infectious or hereditary 
 disease. Am'd '03, p. 72. 
 
 State diploma, §§ 4707, 4708. Normal certificates, § 4709. 
 
 4690. Certificates granted only after examination. ..No 
 
 certificate shall be granted by the board of education or upon 
 its authority, except to successful candidates in a regular or 
 special examination conducted by the board of examiners 
 in accordance with the provisions of law. 
 
 4691. Examination for grammar and primary certificates 
 City primary and city graiimiai certificates shall be | granted 
 only to applicants who aiv found, upon examination, to have 
 a practical knowledge, of pedagogics and school management, 
 and to be proficient in and qualified to teach the following 
 branches, namely: heading, writing, spelling, English grammar, 
 geograpb}', arithmet : c, physiology and hygiene, United States 
 history, and such other English branches as the board of edu- 
 cation may prescribe ; provided, that the examination of ap- 
 plicants for such certificates shall be specially adapted to dis- 
 cover their fitness to teach all the branches named to pupils 
 of primary or grammar grades respectively. 
 
 4692. Id. High school certificate. City high school cer- 
 tificates shall be granted only to applicants who pass satis- 
 fac'oiily the examination required for grammar certificates, 
 and, in addition thereto, sustain a satisfactory examination 
 in civil government, physical geography, elementary physios, 
 elementary algebra, botany, and such other branches as the 
 board of education may prescribe. 
 
 4693. Teachers exempt from examination. Holders of 
 normal diplomas and certificates issued after March 1, 1892, 
 by the University of Utah, and holders of state diplomas or 
 state certificates shall be exempt from all further examina- 
 tions during the term of validity of such certificates as pro- 
 vided by law. Teachers engaged in the exclusive teaching of 
 music, foreign languages, drawing, penmanship, kindergarten, 
 and physical culture shall be exempt from all examinations 
 except such as pertain to the special departments over which 
 they may preside.
 
 SCHOOL LAWS OP THE STATE OF ITAII 51 
 
 4694. Special certificates. Special certificates shall be 
 granted only to applicants who pass satisfactorily an examina- 
 tion in a special or departmental subject (such as music, 
 foreign language, drawing, penmanship, kindergarten, phy- 
 sical culture, etc.,) and such other subjects as are calculated 
 to discover applicants' fitness to teach in public schools, 
 
 4695. Board to select textbooks. In each city of the 
 first and of the second class the Board of Education shad de- 
 cide what textbooks shall be adopted in all public schools of the 
 city, and their use shall be mandatory therein for the period 
 of adoption. The Board of Education shall meet, as a text- 
 book commission for the purpose of adopting textbooks every 
 two years, beginning in 1922. In 1922 approximately one- 
 third of the textbooks adopted shall be for a period of four 
 years, approximately one-third shall he for a period of six 
 years, and the remainder for a period of eight years. Thereafter 
 adoptions shall be for a period of six years, approxi- 
 mately one-third of the textbooks in use to be adopted at each 
 biennial meeting of the Board called for the adoption of text- 
 books. At any biennial meeting, any textbook found unsatis- 
 factory can be changed by the board. Am'd '21 Ch. 104. 
 
 • 
 
 4696. Notice to publishers. The board of education shall 
 give notice at least sixty days prior to the expiration of any 
 contract regulating the supply and use of text books in such 
 city, by publication in a newspaper having a general circula- 
 tion in this state, of its intention to adopt text books for the 
 public schools of the city, calling for bids and terms from pub- 
 lishers of text books for schools, stating approximately the 
 number and kind of books required; that separate and sealed 
 proposals will be received by the board of education for furn- 
 ishing each kind of book, the place where, and the day and 
 hour when, all proposals will be opened, and that the board 
 reserves the right to reject any and a!! proposals or any part 
 thereof. 
 
 4697. Opening bids. At the time and pla se specified in 
 said notice, the board shall meet and publicly open ami read 
 all the proposals which shall have been received, and shall 
 make their decision within thirty days thereafter. 
 
 4698. Samples and prices on books. Sealed proposals 
 must be accompanied witht sample copies of the books to be 
 furnished, together with a statement of the introductory or 
 exchange price, and of a wholesale and a retail price, at 
 which the publisher agrees to furnish each book within the 
 city during the full time that may be required by the board 
 of education.
 
 52 SCHOOL LAWS OF THE STATE OF UTAH 
 
 4699. Unsatisfactory proposals. If no satisfactory pro- 
 posals are received, the board, in its discretion, may advertise 
 anew, and the books in use shall be continued in use until 
 satisfactory proposals shall have been received and accepted. 
 
 4700. Contract with successful bidders. Bond. The pub- 
 lisher or publishers whose proposals shall be accepted must en- 
 ter into a written contract with the board of education, and 
 shall give a bond with two sufficient sureties in a reasonable 
 sum, to be fixed by the board, for the faithful performance of 
 such contract. 
 
 4701. School property exempt from taxation and execu- 
 tion. All property, real and personal, held by the board of 
 education shall be exempt from general and special taxation, 
 and from all local assessments for any purpose, and shall not 
 be taken in any manner for debt. 
 
 Property exempt from taxation, Con. .cation are exempt from legal assess- 
 
 art. 13, sec. 3. merits and taxation for construction. 
 
 This section is not in conflict with of a public sewer, and the city could 
 
 Con. art. 13. sec. 3. and the word not impose the payment of a reasonable 
 
 "held" means property owned by the charge before permitting the board to 
 
 board. connect with or use the sewer. 
 
 Wey v. S. L. City, 35 U. 504; 101 B. of Ed. v. McGonagle, 38 U. 280; 
 
 P. 380. , 112 P. 401. 
 
 Lands owned by the board of edu- 
 
 4702. City one taxation district. For purposes of taxa- 
 tion the whole city shall constitute one school district. 
 
 4703. Distribution of state funds to cities. All cities or- 
 ganized under -he provisions of this chaptei shall receive their 
 p- lata share of any state taxes levied for the support of 
 district schools, or any funds thai may lie realized from any 
 source which, under the operation of law, are required to be 
 divided pro rata for the benefit of children of school age resid- 
 ing in the state. 
 
 4704. Estimate of required revenue. Annual levy. Limit. 
 Collection. ..The hoard of education shall, on or before the 1st 
 day of May of cad) year, prepare a statement and estimate of 
 the amount necessary for the support and maintenance of the 
 schools under its charge for the school year commencing on 
 the 1st clay of July next thereafter; also the amount necessary 
 to pay the interest accruing during such year, and not in- 
 
 •clnded in any prior estimate, on bonds issued by said hoard; 
 also the amount of sinking fund necessary to be collected dur- 
 ing such year for the payment and redemption of said bonds; 
 and shall forthwith cause the same to be certified by the presi- 
 dent and clerk of said board to the officers charged with the 
 assessment and collection of taxes for general county purposes 
 in the county in which the city is situated, and such officers, 
 after having extended the valuation of property on the as-
 
 SCHOOL LAWS OF THE STATE OF 1TAII 53 
 
 sessment roll, shall levy such per cenl as shall, as nearly 
 as may he, raise the amount required by the board, which levy 
 shall be uniform on all property within the said city as return- 
 ed on the assessment roll; and the said county officers are 
 hereby authorized and required to place the same on the I 
 roll. Said taxes shall be collected by the county treasurer 
 as other taxes arc collected, but without additional compen- 
 sation for assessing and collecting, and he shall pay the same 
 to the treasurer of said hoard, promptly as collected, who 
 shall hold the same subject to the order of the board of edu- 
 cation; provided, thai the tax for the, supporl and maintenance 
 
 of such school in cities of the firsl class shall not ex -d in any 
 
 one year 6V4 mills on the dollar upon all taxable property 
 said city, 2 1 /. mills additional on the dollar in one year to he 
 used exclusively for the purchase of school sites and the 
 tion of school buildings; and in cities of the second class, the 
 
 tax for the support and maintenance of such scl Is shall not 
 
 exceed in any one year 10 mills on the dollar upon all taxable 
 property in said city. Am'd '01, p. 14'> : '07, p. 101 ; '15, p. 
 193-210. 
 
 Levy of county and district school tive intent, yet as the word "and" is a 
 tax. §§ 4525, conjunction implying addition, the eon- 
 Sec. 4704 (1936) as amended, Ch. juncti 111, lav innot 
 111, Laws '15, p. 102. i- n on 
 tional in so far as it attempts to divi essed valuation will be construed as 
 
 I and seen:..' 
 
 two classes — those \\ ' valua- but it must be taken as applicabl 
 
 tion is over or und cities of the fii 
 
 therefore the section as amended, by titutional a^ 
 
 chap. 115. laws '15. p. 210, is it < cities and the limitation prescribed does 
 
 B. of Ed. v. Hunter. 4^ 1" " L59 not apply. 
 P. mis. of Ed. v. Hanch< 
 
 While punctuation may be disregarded P. '' 
 for the purpose of ascertain la- 
 
 4705. Delinquent taxes to be paid to board. The respec- 
 tive hoards of county commissioners shall pay over to the 
 boards of education as fast as collected or realized their pro- 
 portionate amount of delinquent taxes, interests, and on 
 all tax sales, heretofore or hereafter made. 
 
 Distribution of delinquent taxes, in- 
 terest and costs, § 6i 
 
 4706. Special election for tax for sites, etc. The hoard 
 of education may. at the annual spe- 
 cial election, in its dis submit to the voters of the dis- 
 trict the question of levying or m 
 
 years, to buy sites, build and furnish schoolhonses, or impr 
 the school property under its control. If the v 
 in favor of such tax, it shall be levied and collected ther 
 
 school taxes, and the board of education may apply any money 
 available, raised from taxation, to the building on»or the im- 
 proving: of the school property under its char- 
 
 4707. Id. Notice of election. Issuance of bonds. The 
 board of education shall give such reasonable notice of such
 
 54 SCHOOL LAWS OF THE STATE OP UTAH 
 
 submission as it may deem proper ; and if submitted at a spe- 
 cial election, may follow the procedure, so far as applicable, for 
 the issuance of bonds. 
 
 4708. Bond election. Petition. The board of education 
 may, when in its judgment it is advisable, or shall, when pe- 
 titioned by a majority of the resident taxpayers of the school 
 district, as appears by the county assessment roll of the last 
 preceding year, call an election in each municipal ward of the 
 city and submit to the taxpayers of the district, whether bonds 
 of such district shall be issued and sold for the purpose of rais- 
 ing money for purchasing school sites, for building or purchas- 
 ing one or more school houses and supplying the same with 
 furniture and necessary apparatus, for improving the grounds, 
 and for the refunding and redemption of all or any portion of 
 any bonds outstanding in any such district. 
 
 Election to incur additional indebted- 
 ness, § 4591. 
 
 4709. Notice and conduct of bond election. The elec- 
 tion provided for in the preceding section shall be called by 
 publishing, for not less than ten days, a notice signed by the 
 president and clerk of the board of education, in a newspaper 
 published in the city, and by posting said notice at the polling 
 places in each municipal ward of the city for the same length 
 of time next preceding said meeting. The board of education, 
 before any notice is published or posted, shall appoint three 
 electors in each municipal ward to conduct the elections here- 
 in provided for, who shall take and subscribe an oath of of- 
 fice, and who shall make returns thereof to the board as here- 
 in provided. Such notice shall contain : 
 
 1. The time and place of holding the same; 
 
 2. The names of the judges at each polling place to con- 
 duct the same; 
 
 3. The time during which the polls will remain open ; 
 
 4. The amount and denomination of the bonds, the rate 
 of interest, and the number of years, not exceeding twenty, 
 the whole or any part of said bonds are to run. 
 
 4710. Ballot. Informalities in election. The ballot used 
 at such election shall be furnished by the board of education, 
 and shall express upon its face the questions the board de- 
 sires to submit to the taxpayers. . No informalities in conduct- 
 ing such election shall invalidate the same, if it shall have 
 been otherwise legally conducted. 
 
 4711. Qualifications of voters. Challenges. Every 
 registered voter residing in any ward in which any election 
 is held for the purpose of determining the question of issuing
 
 SCHOOL LAWS OF THE STATE OF I'TAII 55 
 
 bonds for such school district, and who shall have paid a 
 property tax therein in the year preceding such election, shall 
 be entitled to vote at any such election. Challenges for cause 
 by any qualified voter shall be allowed at such election, and 
 promptly decided by the judges conducting the .same. 
 
 Registration for school election, 5 J136. 
 
 4712. Canvass of returns. Issue of bonds, [mmediately 
 after the closing- of the polls, the persons appointed to conduct 
 
 the same shall proceed to count and canvass the ballots east 
 at such election, and make returns thereof to the board of 
 education; and said board shall, within five days after said 
 election, meet and canvass said returns, and if a majority of 
 the ballots cast at said election are in favor of issuing such 
 bonds, then the board shall cause an entry of that fact to be 
 made upon its minutes, and shall, before issuing such bonds, 
 file with the clerk of the county, in which such school district 
 is situated, a certified copy of the order of the board of edu- 
 cation, and certified copies of the notices published or posted, 
 calling such election, with an affidavit showing when and 
 where said notices were published or posted, and that they 
 were published or posted as required by the law and the order 
 of the board of education. The board shall also file with said 
 clerk a statement showing the number of inhabitants and the 
 value of taxable property in the district; that the amount of 
 bonds proposed to be issued, including existing indebtedness, 
 does not exceed 3 per cent of the value of taxable property 
 in the district ; that the election at which the question of is- 
 suing bonds was submitted and lawfully called and held: that 
 all proceedings in relation to the proposed issue of bonds in 
 said district were lawfully conducted, and that such bonds 
 may be lawfully issued; and thereupon said hoard of educa- 
 tion shall be and is hereby authorized and directed to issue 
 the bonds of such district in any amount not exceeding the 
 number and amount voted for at such election. The money 
 for the redemption of said bonds, and the payment of interest 
 thereon as it shall become due, shall be raised by taxation upon 
 the taxable property of said district: provided, that the total 
 amount of bonds issued, including existing indebtedness, 
 shall not exceed 3 per cent of the taxable property of the dis- 
 trict as shown by the last equalized assessment roll for city 
 purposes, prior to issuing such bonds. No election shall be 
 void because the amount of bonds authorized a1 such election 
 exceeded the statutory limitation at the time of holding the 
 election, but the bonds may be issued in accordance with such 
 authorization, in any amount within the limitations fixed by 
 law, at the time the bonds are issued. Am'd '07. p. 200; *D9 
 p. 178. 
 
 Limit of indebtedness of school districts. >n. art. 14 
 
 4713. Denomination of bonds. Interest. Payment and 
 redemption. The denomination of the bonds 'which may be is-
 
 56 SCHOOL LAWS OF THE STATE OF UTAH 
 
 sued under the provisions of this chapter shall he $50 or some 
 multiple of fifty, not exceeding $1000, and shall bear interest 
 of not exceeding the rate of 5 per cent per annum, payable 
 semi-annually or annually, in accordance with interest coupons 
 which shall be attached to said bonds, and shall be made pay- 
 able not more than twenty years from their date The board of 
 education may reserve the right to redeem such bonds, or any 
 of them, at any time after five years from their issue. Any 
 bonds heretofore authorizied by vote of any school district, 
 remaining unsold, may. in the discretion of the board, he here- 
 after issued, to bear any rate of interest not exceeding 5 per 
 cent per annum, payable annually, or semi-annually. 
 
 4714. Printing of bonds. Authorization. Signing. When 
 ever any bonds are issued under the provisions of this chapter 
 they shall be engrayed, lithographed, or printed on bond paper, 
 and sii all state upon their face the date of their issue, the 
 amount of bond, for what purpose issued, also the time and 
 the place of payment and the rate of interest to he paid. They 
 shall have printed upon the margin the words, "Authorized 
 by act of the legislature of the state of Utah, A. D. 1897," 
 and upon the back of each bond shall he printed a certificate, 
 signed by the county clerk, in substantially the following form: 
 
 I certify that the within bond is issued in accordance 
 with law, and is within the debt limit permitted by the con- 
 stitution and laws of the state of Utah and in accordance with 
 
 a vote of the taxpayers of school district' of 
 
 county, state of Utah, at an election held on the... day 
 
 of. 19 , authorizing bonds to the amount of 
 
 dollars. 
 
 They shall be signed by the president and clerk of the 
 board of education, and countersigned by the treasurer thereof, 
 and there shall be entered in a book to be kept by the clerk for 
 that purpose the number, date, and denomination of the bonds 
 sold, and the date when the same shall become due. 
 
 Certification that bonds are within debt limit, §? -166-469. 
 
 4715. Sale of bonds. Use of proceeds. Whenever any 
 bonds are issued under the provisions of this chapter, the 
 board of education shall have authority to negotiate and sell 
 such bonds to the highest bidder. Xo contingent bid shall be 
 received, and every bid shall be accompanied by a certified 
 check of five per '-cut as a forfeit, payable to the order of the 
 board of education. The board may reject any or all bids. 
 The proceeds shall be used exclusively for the purpose for 
 which they are issued. 
 
 4716. Redemption and cancellation of bonds. Refunding. 
 Whenever any of the bonds of a school district shall have 
 been redeemed or purchased by the board of education, they
 
 SCHOOL LAWS OF THE STATE OF UTAH 57 
 
 shall be cancelled by writing or printing in red ink ac ich 
 
 bond and coupon the words, "Paid and cancelled"; and the 
 date of payment and amounl paid shall be entered in the 
 clerk's register againsl the Dumber of the bond, and the bond 
 and coupons so canceled shall 1>" filed in the office of the 
 clerk of the board and preserved in a bonk to be kepi for thai 
 purpose. Any bond or bonds heretofore or hereafter issued ]>y 
 any board of education or school districl may 1"' refunded 
 any time by such board or school districl when a lowe 
 of interesi or better terms can be obtained, and the provisions 
 hereof as to elections shall not apply. 
 
 4717. Annual levy for interest and sinking fund. The 
 hoard of education, in its annual estimate and levy provided 
 for in this chapter, shall include an amount sufficient to pay 
 the interest as the same accrues on all outstanding bonds is- 
 sued by the hoard, and also to create a sinking fund of two 
 per cent of the par value of outstanding bonds for the redemp- 
 tion of said bonds, and shall cause a tax to be levied and col- 
 lected as provided for in this chapter, and such money shall 
 remain a specific fund, and shall no1 be appropriated or used 
 for any oilier purpose than is hereinafter provided. 
 
 4718. Sinking fund, investment of. The m 
 
 and collected for creating a sinking fund for the redemption 
 of the bonds issued by the board of education shall be used 
 as follows: After retaining an amounl sufficient to pav the 
 principal of the bonds maturing during the year, the board 
 shall, witli the surplus of the sinking fund, invest the same 
 in bonds of the state of Utah, or ^\' any school di town, 
 
 city, or county thereof, or of the United States, on thi 
 terms to he obtained, until such time as it may be needed 
 to purchase any outstanding bonds that may be offered, or 
 until the maturity of any such bonds. 
 
 Sinking fund may bf> invested, ? .".'200 
 
 4719. Bonds a lien on taxable property. B led 
 under the provisions of this title shall be a lien upon 1 
 property of the school districl issuing them, and whi 
 hoard of education neglects or r< 
 
 .cordance with law to meet the outstanding bonds or the in- 
 terest thereon, the l oard of county comm »f the county 
 within which such district is situated shall levy sue' ind 
 apply the money thus collected to the payment of bonds 
 and the interest due thereon. 
 
 4720. Advertisement for bids for construction of build- 
 ings. Award. Contract. When' board may erect. Wh 
 
 any schoolhouse is to be built, the hoard of edt ill ad- 
 
 vertise for at least ten day .me newspaper published in
 
 58 SCHOOL LAWS OF THE STATE OF UTAH 
 
 the city for sealed proposals for building such schoolhouse in 
 accordance with the plans and specification, which shall be 
 furnished by the board of education at its office or at the 
 office of the architect, stating in such advertisement or notice 
 the place where, and the day and hour when, all proposals 
 will be opened, and reserving the right to reject any and all 
 proposals, and shall require a certified check of not less than 
 five per cent of the amount of the bid to accompany the same, 
 which check shall be made payable to the order of the board 
 of education, and the check of the successful bidder shall be 
 forfeited in case he fails or refuses, to enter into the contract 
 and furnish the bond required. At the time and place speci- 
 fied in said notice, the board shall meet and publicly open 
 and read all the proposals which have been received, and if 
 satisfactory bids have been received shall award the contract 
 to the lowest responsible bidder, and shall require of such bid- 
 der or contractor a bond in one-half the amount of the contract', 
 conditioned that he will properly perform its conditions in a 
 faithful manner and in accordance with its provisions. In case 
 none of the proposals are satisfactory, all shall be rejected, and 
 said board shall advertise anew in the same manner as before, 
 and may require in the contract to be executed that at least 
 twenty per cent of the contract price may be withheld until 
 the building is completed and accepted by the board. But if 
 after twice advertising, as provided herein, no satisfactory bid 
 is received, the board may proceed under its own direction to 
 erect the bulding required, or in case 'of a building not exceed- 
 ing $5,000 in cost, if no. satisfactory bid is received at the first 
 notice, the board may proceed with the construction as it may 
 determine. 
 
 4721. Establishment of Parental Schools. The board of 
 education of any city of the first class shall or the boards of 
 education of any other school district, under a contract to be 
 approved by each of such boards, may provide for the estab- 
 lishment and maintenance of special schools and classes and 
 for the support and education of the children transferred to 
 them under the provisions of this chapter. Am'd '21, Ch. 105. 
 
 4722. Delinquent, dependent, or neglected children may- 
 be transferred. Any child between the ages of eight and 
 eighteen years, residing within the city or cities maintaining 
 siicli special schools or classes, who in the judgment of the 
 board of education of such city, is not receiving care, training 
 and education adapted to his special needs, or who has be- 
 come, or is in danger of becoming a delinquent child, within 
 the meaning of Section 1829, Compiled Laws of Utah, 1917, 
 or a dependent or neglected chid within the meaning of Sec- 
 tion 1835, Compiled Laws of Utah, '1917, shall, with the 
 consent of the parent or parents, custodian or guardian of
 
 SCHOOL LAWS OF THE STATE OF UTAH 59 
 
 such child, be transferred to a special school or class, pro- 
 vided for the purpose, for a term no1 extending beyond the 
 
 age of eighteen years. Am'd _1, Ch. 105. 
 
 4723. Release. Any child transferred to, <>r cared for, 
 in such special schools or classes, may be released therefrom 
 either conditionally or absolutely in accordance with the by- 
 ,iv esl 'blished by the hoard or boards of education main- 
 taining the same. Am'd '21, Ch. 105. 
 
 4727. Expense of parental schools, how paid. Any 
 board or boards of education maintaining a special residen- 
 tial school, under the provisions of Section 4721, shall esti- 
 mate and determine, as near as may be, the average actual 
 exj>ense per month of keepinjr and taking care of the boys 
 and girls who. may be transferred to such special residential 
 school, and the average cost of keeping such boys and girls 
 shall be wholly paid by the parent or guardian of each boy 
 or girl transferred to the school, unless for good cause said 
 hoard or hoards of education shall otherwise order and di- 
 rect. The board of education of the city in which the parent 
 or guardian of any such transferred hoy or girl resides may 
 bring suit to enforce this provision. Am'd '21, Ch. 105. 
 
 4728. Admission of pupils from outside of city. On the 
 tender of payment which shall meet all costs of support at a 
 special school or class, the board or boards of education main- 
 taining such special school or class, may receive into it on 
 equal terms boys or girls whose residence is in the state out- 
 side the citv or cities to which the school belongs. Am'd '21 
 Ch. 105. 
 
 4729. Attendance officers and assistants. The hoard of 
 education of each such city, shall appoint and fix the com- 
 pensation of a school attendance officer and such other as- 
 sistants as shall be deemed necessary, whose duty Ll shall be 
 to aid the school hoard in carrying out the provisions of this 
 chapter. The police authorities of the city shall make such 
 attendance officer and his assistants special policemen. 
 
 Am'd '21, Ch. 105. 
 
 4730. Clinical psychologist and assistants. The hoard of 
 education of each such city, or the hoard of education of 
 any two or more such cities, may appoint and fix the compensa- 
 tion of a clinical psychologist and such assistants as may be 
 deemed ne y, whose duty it shall be to aid the school board 
 or boards in carrving out the provisions of this chapter 
 
 Am'd '21, Ch. 105. 
 
 Dutv under employment of children, 
 act, §"1865.
 
 60 SCHOOL LAWS OP THE STATE OF UTAH 
 
 CHAPTER 12. 
 
 GENERAL PROVISIONS. 
 
 4740. Compulsory attendance at schools. Exceptions. 
 Every parent, guardian, or other person having control of any 
 child between eight and sixteen years of age shall be required 
 to send such child to a public, district, or private school in 
 the district in which he resides, at least twenty weeks in each 
 school year, ten weeks of which shall be consecutive; pro- 
 vided, that in cities of the first and of the second class such 
 children shall be required to attend school at least thirty 
 weeks in each school year, ten of which shall be consecutive; 
 provided, that in each year such parent, guardian, or other 
 person having control of any child shall be excused from such 
 duty by the school board of the district or the board of edu- 
 cation of the city, as the case may be, whenever it be shown 
 to their satisfaction that one of the following reasons exists: 
 
 1. That such child is taught at home in the branches pre- 
 scribed by lav.- for the same length of time as children are re- 
 quired by law to be taught in the district school: 
 
 2. That such child has already acquired the branches 
 of learning taught in the district schools ; 
 
 3. That such child is in such physical or mental condi- 
 tion (which may be certified by a competent physician if re- 
 quired by the board") as to render such attendance inexpedient 
 or impracticable. If no such school is taught the requisite 
 length of time within two and one-half miles of the residence 
 of the child by the nearest road, such attendance shall not be 
 enforced ; 
 
 4. That such child is attending some public, district or 
 private school ; 
 
 5. That the services of such child are necessary to the 
 support of a mother or an invalid father. 
 
 The evidence of the existence of any of these reasons for 
 non-attendance must be in each case sufficient to satisfy the 
 superintendent of the county or city in which the child resides: 
 and the superintendent, upon the presentation of such evi- 
 dence, shall issue a certificate stating that the holder is exempt- 
 ed from attendance during the time therein specified. 
 
 Am'd '05. p. 112. 
 
 4741. Penalty. Any such parent, guardan, or other per- 
 son having control of any child between eight and sixteen 
 years of age, who wilfully fails to comply with the require- 
 ments of the next preceding section, shall be guilt}- of a mis- 
 demeanor. Am'd '05, p. 112. 
 
 Compulsory education of deaf, dumb, and blind. §§ 5337-5339.
 
 SCHOOL LAWS OF THE STATE OF UTAH 61 
 
 4742. Id. Inquiry into violations of school law. It shall 
 be the duty of the president of the board of education of any- 
 city, and the chairman of the school trustees of any district, 
 within their respective jurisdictions, to inquire into all cases of 
 misdemeanor defined in this title, and to report the same and 
 the offenders concerned, when known, to the city or county 
 attorney of the city or county within which the Offenses shall 
 have been committed, and it is hereby made the duty of either 
 of said officers to proceed immediately to prosecute such of- 
 fenders. 
 
 4743. Incorrigible children. Sent to industrial school. All 
 children in the district between the ages of eigh1 and sixteen 
 years who, in defiance of earnest and persistent efforts "n the 
 part of their parents or teachers, are habitual tenants from 
 school, or while in attendance at school are vicious, immoral, or 
 ungovernable in conduct, shall he deemed incorrigible, and it is 
 the duty of the president of the board of education or the 
 chairman of the board of trustees of each school district to in- 
 quire into all eases within his district, and report them to the 
 county attorney acting for such district, whose duty it shall be 
 to prosecute such eases as incorrigibles and fit candidates 
 the state industrial school. 
 
 Parental schools in cities. ? § 4 7 - J 1 - 
 4729; in counties, ?s 4640-4648. 
 
 4744. American flag displayed, when. It shall he the 
 duty of the hoard of education or school trustees of all school 
 districts within the cities and comities of this state to provide 
 each schoolhouse or the grounds thereof with a suitable fl 
 pole, and to cause the American flag to he displayed thereon 
 during the daylight hours of every legal holiday, February 
 12th, and flag- day of each year. '07, p. 33. 
 
 CHAPTER 13. 
 
 SCHOOL PROPERTY. ETC., IN TERRITORY ANNEXE 
 
 TO CITY. 
 
 4745. When annexed to a city of the first, second, or 
 third class. When all the territory of a school district shall 
 become annexed to a city of the first, second, or third cli 
 by the extension of the boundaries of the city, all the school 
 property, including moneys on hand and due to 1 id dis- 
 
 trict, together with all records and papers belonging to said 
 district. 'shall he transferred to. and the title vested in, the hoard 
 of education of such city, and said hoard of education shall as- 
 sume and be held responsible for the legitimate floating and 
 bonded indebtedness of said annexed district. "07. p. 54. 
 
 Annexing territory to city. ? 770.
 
 62 SCHOOL LAWS OF THE STATE OF UTAH 
 
 4746. Annexation of part of district. When, by the ex- 
 tension of the limits of any city of the first, second, or third 
 class, a part of the territory of an adjacent school district is 
 annexed to such city, it shall be the duty of a board, con- 
 sisting of the state superintendent of public instruction, the 
 city superintendent of schools, the county superintendent of 
 schools, or, in county school districts of the first class, the dis- 
 trict superintendent of schools, to determine the present value 
 -of the school property of such district, also all moneys due to, 
 or in the hands of, the district treasurer, and to equitably ap- 
 portion the amount due the district board, or the board of 
 education of such city, as the case may be. The amount due 
 to the district board, or board of education of such city, when 
 ascertained by the said board, shall, if there be not sufficient 
 funds in the hands of the treasurer to pay such indebtedness, 
 be levied upon the taxable property of that district or corpora- 
 tion found to be in debt, and shall be collected in the same 
 manner as if the same had been authorized by the vote of the 
 district board, or by the board of education of such city, and 
 when collected it shall be paid to the treasurer of that dis- 
 trict or board of education of such city to which it is due. 
 The board of education or the district retaining the schoolhouse 
 shall assume the bonded indebtedness incurred in the building 
 and furnishing of such schoolhouse. '07, p. 54. 
 
 4747. Unadjusted claims. All unadjusted claims of cities 
 and school districts arising from such annexation previous to 
 March 14, 1907, shall be adjudged in accordance with the 
 provisions of this chapter. '07, p. 55. 
 
 CHAPTER 14. 
 
 PUBLIC SCHOOL TEACHERS' RETIREMENT 
 
 ASSOCIATIONS. 
 
 ('13, p. 155.) 
 
 4750. Organization. Commission. Upon the written re- 
 quest of a majority of the teachers employed in the public 
 schools of any city of the first or the second class, the board 
 of education of any such city shall authorize the organiza- 
 tion of a public school teachers' retirement commission and as- 
 sociation. In such petition there shall be designated three 
 persons to serve as members of the ritirement commission, who 
 shall serve until the first election after the retirement com- 
 mission is organized, and until their successors are elected 
 and qualified. Am'd '17, p. 216.
 
 
 SCHOOL LAWS OF THE STATE OF UTAH 63 
 
 4751. In cities of the first class. Membership of com- 
 mission. Term. In cities of the first class the said commis- 
 sion shall be composed of seven members; three members to 
 be elected from the retirement association by the members 
 thereof, whose terms shall be for three years; the superintend- 
 ent of city schools, the elerk of the board of education, and 
 two members to be elected by the board of education from 
 their number, whose terms shall be two years. In all cases 
 the terms of office shall be from the first Monday in February 
 following the election. 
 
 4752. Election of members of city commission. In cities 
 of the first class the members of the retirement commission 
 who are chosen by the teachers shall be elected at a meeting 
 called by the superintendent of city schools, who shall cause 
 each teacher who is a member of the association to be notified 
 in writing of the time and place of such election, such notice 
 to be given at least ten days before the election. 
 
 4753. Qualification. Vacancies. The commissioners and 
 officers of the retirement commission shall qualify by taking 
 and subscribing to the oath of office, which shall be filed with 
 the clerk of the board of education. In case of vacancy in the 
 elective membership of said commission, the vacancy shall 
 be filled until the next election by the commission choosing 
 a member from the body that elected the outgoing member. 
 Am'd '17, p. 217. 
 
 4754. Officers. Compensation. Funds. The retirement 
 commission shall organize by electing from their number, a 
 president and a vice-president. The clerk of the hoard of edu- 
 cation shall be clerk of such commission, and the treasurer of 
 the board shall be treasurer of said commission. The commis- 
 sioners and officers shall serve without compensation. The 
 bond given by the treasurer of the hoard of education shall be 
 liable for the safekeeping of the funds of the commission. 
 Am'd '17, p. 217. 
 
 4755. Meetings. Records. Annual report. The retire- 
 ment commission shall meet at least once each year, and shall 
 keep a record of all its proceedings and a record of all money 
 received and paid out, all of which records shall be open for 
 public inspection. It shall also make an annual financial re- 
 port showing the moneys received and disbursed, a copy of 
 which report shall be printed and delivered to each member 
 of the association. 
 
 4756. Funds, two classes. The funds of the retirement 
 association shall be of two classes: (a) Permanent, and (b) 
 current fund. The treasurer shall pay out money only on war-
 
 64 SCHOOL LAWS OF THE STATE OF UTAH 
 
 rants signed by the president and clerk of the commission, 
 and shall have charge, under the direction of the commis- 
 sioners, of the investment and management of the permanent 
 fund, and such of the current fund as shall not be required 
 to pay benefits but such funds shall be invested only in state, 
 county, school district, or municipal bonds. 
 
 4757. Membership. Every teacher who, after the taking 
 effect of this chapter, accepts employment under the board of 
 education of a city of the first or the second class in which 
 city a teachers' retirement association has theretofore been 
 organized, shall, by virtue of such employment, become a 
 member of g'jch retirement association, and there shall be in- 
 corporated in five contract of employment a stipulation rbat 
 the teacher agiees to and is bound by all the rules and 
 provisions governing membership in such association. 
 
 Am'd '17, p. 217. 
 
 4758. Income. Assessments. Deductions. The income of 
 the public school teachers' retirement association shall be from 
 the following sources : 
 
 1. All teachers who are members of a teachers' retire- 
 ment association in cities of the first and the second class, shall 
 have deducted from each and every payroll in payment for ser- 
 vices, 1 per cent of the face of said payroll, and the amount 
 of such deduction shall be certified to and paid by the clerk 
 of the board of education monthly to the treasurer of the as- 
 sociation; provided, that an annual salary of $1200 shall be 
 the maximum salary on which dues shall he paid, and if any 
 teacher shall receive a salary in excess of such sum, then the 
 deduction shall be made on $1200 only; 
 
 2. The hoard of education shall pay an amount equal to 
 the total amount paid to the public school teachers" retire- 
 ment association fund by or on behalf of all teachers during 
 each year under the provisions of subdivision 1 of this sec- 
 tion, such amount to be certified to semi-annually by the clerk 
 of the board of education and by him paid semi-annually to 
 the treasurer of the association; 
 
 3. All moneys received from donations, legacies, bequests, 
 or otherwise, for or on account of said fund. Am'd '17, p. 217 ; 
 21, Ch. 109. 
 
 4759. Current and permanent funds. Transfers. The 
 first two sources of income, viz., 1 and 2, shall constitute the 
 current fund, and the third source, viz., 3, shall constitute the 
 permanent fund, unless specifically stipulated for the current 
 fund in the donation, legacy, gift, or bequest. No portion of 
 the permanent fund shall be available for current expenditure, 
 but the interest thereon shall become a part of the current
 
 SCHOOL LAWS OF THE STATE OF I TAII 
 
 fund. Any part of the current fund which is not use, I during 
 the school year for the payment of annuities shall be transfer- 
 red to and become a part of the permanenl fund. Am'd 17. 
 p. 217. 
 
 4760. Classification of beneficiaries. Retirements. An- 
 nuities. There shall be two classes of beneficiaries, under the 
 retirement fund, viz., class A and class B. 
 
 Class A. On the recommendation of the retirement com- 
 mission the board of education of the city shall have power by 
 a two-thirds vote to retire any member of the association who 
 is mentally or physicially incapacitated for the performance of 
 duty; provided, said teacher has taught in the city at least fif- 
 teen years and his or her term of service shall aggregate thirty 
 years, except as hereinafter provided, whether before or after, 
 or partly before or partly after the passage of this chapter. 
 Each teacher so, retired shall be entitled to receive as pen- 
 sion an annuity equal to one-half of the average annual salary 
 drawn by said teacher for the live years preceding retirement, 
 but in case his or her years of teaching shall not aggregate 
 thirty years, but -shall aggregate at least twenty years, he or 
 she may be temporarily retired and shall be entitled to such a 
 part of the annuity as his or her years of service are a part 
 of thirty. Any teacher who has been retired under this 
 class and who recovers his or her mental or physical powers 
 sufficiently to teach or earn a livelihood in some other man- 
 ner, in the opinion of a physician selected by the retirement 
 commission, shall cease to draw an annuity under this classi- 
 fication. Tf such teacher does not recover before reaching the 
 age of sixty, then he or she shall he transferred to class B. 
 
 Class B. Any member of the retirement association who 
 has taught thirty years, one-half of which time lias been in the 
 city in which the retirement association is located, and who 
 has reached the ape of sixty years, shall, upon his or her requesl 
 or upon the recommendation of the retirement commission and 
 a two-thirds vote of the board of education of the city, with- 
 out option be placed upon the retired list, and shall be entitled 
 to an annuity equal to one-half of the average annual salary 
 of the five years preceding retirement ; provided, that the maxi- 
 mum annuity paid to any teacher under either class A or class 
 B shall not 'exceed $600. Am'd 17, p. 218. 
 
 4761 Id, Delinquent dues to be deducted. Transfer or 
 continuance of membership. Any teacher who is retired under 
 the provisions of either class A or B and who at the time of 
 retirement has not paid into the retirement fund a sum equal 
 to 1 per cent of the entire salary received for the previous 
 years of service claimed, not to exceed a maximum of *1'200 an- 
 nually, shall have such an amount deducted from his or her
 
 66 SCHOOL LAWS OF THE STATE OF UTAH 
 
 annuity as shall equal the amount still due. This deduction 
 may, in the discretion of the retirement commissioners, be dis- 
 tributed over a period not to exceed three years. Any teacher 
 who is a member of a retirement association in the state of 
 Utah and who accepts employment in a district outside of 
 the bounds of his or her association shall, within thirty days 
 thereafter, elect in which of two ways he or she prefers to 
 continue his or her membership : 
 
 1. A transfer of membership, or 
 
 2. An absent membership. 
 
 If the first mentioned is selected, the clerk of the com- 
 mission shall fill out on a proper form a report, covering the 
 necessary data concerning; said teacher, which report, with the 
 one-half of the amount of money paid into, the fund by or on 
 account of said teacher, shall be accepted by any commission 
 within the state as the complete record and payment of back 
 dues of such teacher. If the second method is chosen, a 
 teacher may continue his or her membership by voluntarily 
 sending annually to the clerk of the commission the 1 per cent 
 of his or her salary as certified to by the clerk of the board 
 where he or she is employed, not to exceed a maximum of $1200 
 annually. 
 
 4762. Estate entitled to refund. In case of the death of 
 a member of the retirement association before retirement, leav- 
 ing relatives dependent upon him or her, the estate of said 
 teacher shall be entitled to a refund of the total amount paid 
 into said fund by said teacher. Or if the estate has not suffi- 
 cient funds to pay the funeral expenses, then such expenses 
 shall be paid by the retirement commission, not exceeding the 
 amount paid to the association by such teacher. 
 
 4763. Insufficient funds. If at any time the funds of the 
 retirement association are not sufficient to meet the annuities 
 and refunds hereinbefore specified, each annuitant and claim- 
 ant shall be paid pro rata his or her proportion of the funds 
 that are available. 
 
 4764. Teacher defined. The term "teacher," as used 
 throughout this chapter, shall include superintendents, super- 
 visors, principals, and teachers in the employ of boards of 
 education of cities of the first and the second class. '17, p. 219. 
 
 4765. Rules and by-laws. The retirement commission is 
 empowered to adopt such rules and by-laws, for the carrying 
 out of the provisions of this chapter as are in harmony with its 
 intents and purposes. 
 
 4766. Repeal. Proviso. Chap. 21 of title 66 of the Com- 
 piled Laws of Utah, 1907, is hereby repealed ; but all retirement
 
 SCHOOL LAWS OF THE STATE OF I TAII 67 
 
 associations and commissions organized under the provisions 
 
 of said chapter arc continued under this chapter. 
 
 4767. Proportionate distribution of funds. The state 
 teachers' retiremenl commission are hereby authorized and di- 
 rected to distribute to the members of the state teachers retire- 
 ment association the funds of such association now on hand 
 after paying all expenses of the association, such distribution 
 be made to the members in proportion to the amounl paid 
 by each. '17, p. 219. 
 
 VOCATIONAL EDUCATION. 
 Chapter 86, Laws of Utah. 1919.) 
 
 Section 1. Acceptance of Congressional Act. Thai the 
 State of Utah hereby reaffirms its acceptance and assent to 
 the terms and provisions of the Ad of Congress entitled: "An 
 Act to provide for the promotion of vocational education, to 
 provide for co-operation with the states in the promotion of 
 such education in agriculture and the trades and industries; 
 to provide for co-operation with the State in the preparation of 
 teachers of vocational subjects: and to appropriate money 
 and regulate its expenditure," as enacted into law by the 
 Legislature of the state of Utah, Sections 4540, 4541, 4542 
 and 4543, Compiled Laws of Utah, 1917. 
 
 Sec. 2. Custodian of fund. The State Treasurer is hereby 
 designated as the custodian of all money to be received for 
 said fund by appropriation, both federal and stale, and he is 
 hereby named as the official for the disbursement thereof upon 
 orders authorized by the State Board for Vocational Educa- 
 tion and approved by the State Board of Examiners. 
 
 Sec. 3. Designation of Board and directing officer. The 
 State Board of Education is hereby designated ;is the State 
 Board for Vocational Education: and the State superintendent 
 of public instruction is hereby designated its chief executive 
 officer. 
 
 Sec. 4. Authority of State Board. The state Board for 
 Vocational Education shall have all necessary authority to co- 
 operate with the Federal Board for Vocational Education in 
 the administration of the said Act of Congress; to administer 
 any legislation pursuant thereto enacted by the State of Utah; 
 and to administer the funds provided by the federal Lrovern- 
 ment and the state of Utah under the provisions of this Act for 
 the promotion, aid, and maintenance of vocational education in 
 agricultural subjects, trade and industrial subjects, and home 
 economics subjects; and education in health and in civic and
 
 68 SCHOOL LAWS OF THE STATE OF UTAH 
 
 patriotic service continuing over the entire j^ear in the school 
 districts of the State of Utah. It shall have authority to ap- 
 point and to fix the compensation and pay the expenses of 
 such officials and assistants as may be necessary to administer 
 the federal act and this act for the state of Utah, and such com- 
 pensation and other necessary expenses of administration shall 
 be paid from funds appropriated in this Act upon the approval 
 of the State Board of Examiners. 
 
 Sec. 5. Meetings. The State Board for Vocational Edu- 
 cation shall hold at least four meetings per year, which shall 
 be during the first week in January, April, July, and October; 
 and shall meet at such other times as may be designated by 
 the chairman or by a majority of the board. 
 
 Sec. 6. Terms of schools — civic service. Any district 
 Board of Education may establish and maintain all-day voca- 
 tional schools or classes, giving instruction in agricultural 
 subjects, trade or industrial subjects, or home economics sub- 
 jects ; evening schools or classes, giving instruction supplemen- 
 tal to, the daily employment of students ; and part-time schools 
 or classes, giving instruction supplemental to the daily employ- 
 ment of students; and part-time schools or classes, giving in- 
 struction to promote civic and vocational intelligence ; and 
 may promote education in health and in civic and patriotic ser- 
 vice continuing over the entire year ; and may raise and ex- 
 pend money for carrying out the provisions of this Act in the 
 same manner as other money is raised and expended for school 
 purposes. 
 
 Sec. 7. Approved schools to share in funds. Whenever 
 any schools or activities have been organized in accordance 
 with rules and regulations adopted by the State Board for 
 Vocational Education and shall have been approved by the 
 State Board for Vocational Education, they shall be entitled 
 to share in federal and State funds available for the promo- 
 tion of such education to an amount not to exceed "fifty per 
 cent (50%) of the moneys expended for the salaries 
 of the teachers or supervisors engaged in carrying out the pro- 
 visions of this Act. 
 
 PART-TIME SCHOOLS AND COMPULSORY 
 ATTENDANCE. 
 
 (Chapter 92, Laws of Utah, 1919, as Amended in 1921.) 
 
 Section 1. Attendance — excuses — power of superintend- 
 ents. Every parent, guardian, or other person having control 
 of any minor between sixteen and eighteen years of age or any 
 minor under sixteen years of age who has completed the eighth
 
 SCHOOL LAWS OF THE STATE OF UTAH 69 
 
 grade, shall bo required to soul such minor to a regular public 
 or private school at least thirty weeks each school year, unli 
 such minor is legally excused to enter employment ; and if 
 such minor is so excused, the said parent, guardian or other per- 
 son shall be required to send such minor to a part-time school 
 or a continuation school at least 144 hours per year; provided 
 that in each year such parent, guardian, or other person hav- 
 ing control of such minor may be excused from such duty by 
 the district Board of Education for any of the following rea- 
 sons : 
 
 _ 1. That such minor has already completed the work of a 
 senior high school. 
 
 2. That such minor is taught at home the required num- 
 ber of hours. 
 
 3. That such minor is in such physical or mental condi- 
 tion (which must be certified by a competent physician if re- 
 quired by the Board) as to render such attendance inexped- 
 ient or impracticable. 
 
 4. That no such school is taught the requisite length of 
 time with i?i two and one-half miles of the residence or the 
 place of employment of the minor, unless free transportation 
 is provided. 
 
 The evidence of the existence of any of these reasons 
 for non-attendance must be in each case sufficient to satisfy 
 the superintendent of the district in which the child resid< 
 and the superintendent, upon the presentation of such evi- 
 dence, shall issue a certificate stating that the holder is ex- 
 empted from attendance during the time therein specified 
 
 Sec. 2. Penalty for neglect. Any parent, guardian, or 
 other person having control of any child who comes within 
 the provisions of this Act who wilfully fails to comply with its 
 requirements shall be guilty of a misdemeanor. 
 
 Section 3. Duties of Boards and Juvenile Courts. It 
 shall be the dutv of the board of education of every district 
 
 * * 
 
 within its respective jurisdiction to inquire into all cases of 
 misdemeanor defined in this title: and to report the same and 
 the offenders concerned, when known, to the juvenile court of 
 the district within which the offense shall have been com- 
 mitted and it is hereby made the duty of the officers of said 
 Juvenile Court to proceed immediately to investigate and take 
 the necessary action. Am'd '21, Ch. 107. 
 
 Sec. 4. Powers of Board for vocational education. The 
 State Board for Vocational Education shall establish rules 
 and regulations governing the organization and administra- 
 tion of part-time schools or classes, and shall expend from the
 
 70 SCHOOL LAWS OF THE STATE OP UTAH 
 
 funds appropriated for the promotion of vocational education 
 such sums of money as are necessary for the proper enforce- 
 ment of this Act. 
 
 Sec. 5. Hours of attendance and employment — Federal 
 law. Whenever the number of hours for which a child who 
 comes within the provisions of this Act may be employed shall 
 be fixed by federal or State law, the hours of attendance upon 
 a part-time school or class organized in accordance with the 
 terms of this Act shall be counted as" a part of the number of 
 hours fixed for legal employment by federal or State law. 
 
 Sec. 6. Duty of employers. Any person, firm, or corpora- 
 tion employing- a child who comes within the provisions of 
 this act shall permit the attendance of such child upon a part- 
 time school or class whenever such part-time school or class 
 shall have been established in the district where the child re- 
 sides or may be employed, and any person, firm or corporation 
 employing any such child contrary to the provisions of this 
 Act shall be guilty of a misdemeanor. 
 
 Sec. 7. Powers of truant officers. The truant officer 
 appointed by the school district shall be charged with the 
 responsibility for the enforcement of the attendance upon part- 
 time schools and classes of children who come within the terms 
 of this act. 
 
 Sec. 8. Courses of study and sessions of schools. A part- 
 time school or class established in accordance with the terms 
 of this Act shall provide an education for children who have 
 entered employment which shall be either supplemental to the 
 work in which they are engaged, continue their general educa- 
 tion, or promote their civic and vocational intelligence. Part- 
 time schools or classes established in accordance with the pro- 
 visions of this Act shall be in session not less than four hours 
 a week between the hours of 8 a. m. and 6 p. m. 
 
 Sec. 9. Number required to establish schools. The Board of 
 Education of any district in which there shall reside or be 
 employed or both, not less than fifteen minors who come with- 
 in the provisions of this Act, and who, have entered upon em- 
 ployment, shall establish part-time schools or classes for such 
 employed minors. 
 
 Sec. 10. Reports to district Boards as to expediency. 
 
 Whenever any Board of Education shall deem it inexpedient 
 to organize part-time schools or classes for employed minors, 
 it shall state the reasons for such inexpediency to the State 
 Board for Vocational Education, and when the State Board 
 for Vocational Education shall judge such reason as valid, the 
 district Board of Education shall be excused from the estab- 
 lishment of such part-time schools or classes.
 
 SCHOOL LAWS OP THE STATE OF I 'TAN 71 
 
 Sec. 11. Employers to notify Boards as to minor em- 
 ployes. The employer of any minors under eighteen years of 
 age shall keep a list of minors so employed and shall keep on 
 file the certificates issued by the supeintendenl of schools, ;m<l 
 shall notify the Board of Education of the district in which 
 the child last attended school of such employmenl within five 
 days after the beginning of such employment. Upon the ter- 
 mination of service of any such employed minor, the employer 
 shall return within five days the age and schooling certificate, 
 to the superintendent of schools issuing such certificate. 
 
 Sec. 12. Salaries of teachers — payment — prorating. 
 Whenever any district shall establish part-time schools or 
 classes in accordance with the provisions of this Act, and such 
 schools or classes shall have been approved by the State Board 
 for Vocational Education, such district shall be entitled to 
 reimbursement for the expenditure made for the salaries of 
 teachers and co-ordinators of such part-time schools or classes 
 not to exceed .">0 per cent of the money so expended. Such re- 
 imbursement shall be made from federal and State funds avail- 
 able for such education; provided, that if the amount so avail- 
 able is not sufficient to pay 50 per cent of such salaries, the 
 State Board for Vocational Education shall have power to pro- 
 rate the amount available among the districts maintaining 
 such approved part-time schools or classes. 
 
 HEALTH EDUCATION. 
 
 (Chapter 85, Laws of Utah, 1919.) 
 
 Section 1. Appointment of Director — duties — salary. That 
 the State Board of Education is authorized to appoint a State 
 Director. of Health Education and to fix his salary and deter- 
 mine his qualifications. Under the State Hoard of Education, 
 the Director of Health Education shall exercise general super- 
 visory .control of health education in the public schools of the 
 State consisting of hygiene, sanitation, physical education, and 
 recreation. He shall advise with local boards of education 
 in regard to organization and effective means of preserving 
 and promoting the health and physical welfare of school chil- 
 dren and of children of pre school age as provided for in this 
 act. The salary and necessary traveling expenses of such offi- 
 cer shall be paid out of the State school fund upon approval of 
 such salary and expenses by the State Board of Examiners. 
 
 Sec. 2. Supervisors — courses required — time. The State 
 Board of Education shall determine the professional require- 
 ments of supervisors of health education and school nurses. 
 Health education consisting of sanitation and p< 1 and 
 
 school hygiene shall be required of all teachers in the public
 
 72 SCHOOL LAWS OF THE STATE OF UTAH 
 
 schools of the State, provided, that teachers now in the ser- 
 vice shall have three years from date of approval of this Act, 
 in which to comply with the provisions of same. 
 
 Sec. 3. Pre-school age — measures for education — consent 
 — providing plans. The Boards of Education of all school 
 districts of the State are authorized to adopt such reasonable 
 measures for health education and to incur such reasonable 
 expense as may be necessary for the promotion of the physical 
 welfare of children of pre-school age in their respective dis- 
 tricts, including the education of parents in matters pertaining 
 to child welfare. The power herein granted to local Boards 
 of Education shall only be exercised with the consent of the 
 parents. 
 
 A committee consisting of the State Director of Health 
 Education, the dean of the State School of Education, the 
 dean of the department of medicine of the University of Utah, 
 the secretary of the State Board of Health, and the director 
 of the department of home economics of the Agricultural Col- 
 lege, shall provide and recommend plans for carrying into 
 effect the provisions of this Section. Such plans shall be 
 approved by the State Board of Education. 
 
 AMERICANIZATION SCHOOLS. 
 
 (Chapter 93, Laws of Utah, 1919: as Amended by 
 Chapter 108, Laws of Utah, 1921.) 
 
 Section 1. Name. This act shall be known as the Ameri- 
 canization Act. 
 
 Sec. 2. Attendance — examinations. Every alien person 
 residing in this State, except those who may be physically 
 or mentally disqualified, between the ages of sixteen and 
 thirty-five years, who does not possess such ability to speak, 
 read, and write the English language as is required for the 
 completion of the fifth grade of the public schools of the State, 
 shall attend a public evening school class for at least four 
 hours a week during the entire time an evening school class 
 of the proper grade shall be in session in that district with- 
 in two, and. one-half miles of his place of residence, or until 
 the necessary ability has been acquired ; provided, that regu- 
 lar attendance at a public day school or part-time school shall 
 be accepted in place of attendance at an evening school class. 
 The determination of the persons subject to the provisions of 
 this section shall be made by examination to. be held under rules 
 to be prescribed by the State Board of Education. The 
 board of Trustees of any school district or the State Board of 
 ■Education may direct any persons to take these examinations 
 and the failure of such persons to take the examinations ex-
 
 SCHOOL LAWS OF THE STATE OF UTAH 73 
 
 cept for good cause shall be taken as evidence that they are 
 subject to the provisions of this Section. 
 
 Sec. 3. Violation of Act — penalty — separate offenses. 
 Any person subject to the provisions of Section 2 of this Act 
 who wilfully violates its provisions, shall be guilty of a mis- 
 demeanor and shall be punished, upon conviction by a fine of 
 not less than $5.00 and not more than $25.00 for each offense. 
 The parent or guardian of any person under twenty-one years 
 of age who is subject to the provisions of Section 2 of this 
 Act shall be held responsible for his attendance. The wil- 
 ful failure of any guardian or parent ef such person 
 to enforce regular attendance shall constitute a misdeameanor 
 and upon conviction thereof such parent or guardian shall be 
 punished by a fine of not less than $5.00 and hot more than 
 $25.00 for each offense. The failure to maintain regular at- 
 tendance during each school month that an evening school is 
 in session in that district, shall constitute a separate offense for 
 the purpose of this Section. 
 
 Sec. 4. Evening- classes — organization — duties of School 
 Board. The Board of Trustees of any school district in the 
 State may, and upon the direction of the State Board of 
 Education shall, establish and maintain for at least 200 hours 
 during the school year evening school classes in English, the 
 fundamental principles of the Constitution of the United 
 States, American history and such other subjects as bear 
 on Americanization, as part of the public schools; provided 
 that no district shall be required to maintain a class for fewer 
 pupils than a minimum number to be determined by the State 
 Board of Education. Sneh classes shall be organized to meet 
 the needs of the persons subjed to the provisions of section 
 two of this Act. and such classes shall be held at phi 
 that are most accessible to the members of the clasv 
 
 Sec. 5. Salaries of teachers — payments. The salaries of 
 teachers and the expenses of supervisors of evening clasps 
 established under the provisions of this Act shall be paid 
 from the Americanization fund. Such payments shall be 
 made only upon the sworn statements of expenditures for 
 salaries of teachers and expenses of supervision under rules 
 to be made by the State Board of Education. No payments 
 shall be made for salaries of teachers in classes established un- 
 der the provision of Section 4 of this Act unless such classes 
 shall have been conducted for the minimum time therein stated, 
 except by special action of the State Board of Education. 
 
 Sec. 5. Registration for instruction. On or before the 
 first day of September of each year, every alien person resid- 
 ing in the state of Utah subject to the provisions of this Act
 
 74 SCHOOL LAWS OF THE STATE OF UTAH 
 
 shall appear at the office of the city or the district superin- 
 tendent of schools of the city or district of which he is 
 a resident or at a place designated by the superintendent of 
 schools and shall there register for instruction according to 
 such form as shall be prescribed by the state board of educa- 
 tion. 
 
 Sec. 5x1. Penalty. Any person subject to the provisions 
 of this Act who wilfully violates the provisions of Section 
 7 shall be guilty of a misdemeanor and upon conviction shall 
 be punished by a fine of not less than $15.00 and not more 
 than $25.00. The parent or guardian of any person under 
 twenty-one years of age who is subject to the provisions of 
 this act shall be held responsible for his registration. 
 
 Section 5x2. Instruction Fee. At the time of registration 
 for instruction each person subject to the provisions of this 
 Act shall be required to. pay an instruction fee of $10.00 to the 
 city or district superintendent of schools or to a- person 
 designated by him. On or before the fifteenth clay of Octo- 
 ber of each year the city or district superintendent shall pay 
 the total amount of such fees collected to the State TVea^uTw. 
 who shall credit the same to the Americanization Fund. All 
 moneys credited to, the Americanization Fund shall be ad- 
 ministered as provided by law under the direction of the State 
 Superintendent of Public Instruction. 
 
 Sec. 7. Powers and duties of State Board of Education. 
 The State Board of Education shall make regulations regard- 
 ing the examinations prescribed by Section 2 of this Act, shall 
 make regulations concerning the conditions under which it 
 will direct the establishing of evening classes, shall make regu- 
 lations regarding the regular attendance required in the various 
 Sections of this Act, shall determine the minimum number 
 of pupils for which school classes shall be organized and main- 
 tained, shall determine the basis on which salaries of teachers 
 and the expenses of supervision shall be paid, shall 'determine 
 the necessary qualifications of teachers employed under this 
 Act, shall receive applications from the various school districts 
 for portions of the funds hereinafter appropriated and shall 
 make any other regulation necessary to carry out the provi- 
 sions of this Act. 
 
 See. 8. Attendance secured. The regular attendance re- 
 quired by this Act shall be secured in the same manner and 
 under the direction of the same officers as is provided by 
 law for the compulsory regular attendance at any other pub- 
 lic schools or classes.
 
 SCHOOL LAWS OF THE STATE OF UTAH 75 
 
 STATE DISTRICT SCHOOL TAX. 
 (Chapter 138, Laws of Utah, 1921.) 
 
 An act to amend Section 5998, Compiled Laws of Utah, 1917, 
 relating- to the levy of a State tax for District School 
 purposes. 
 
 Be it Enacted by the Legislature of the State of Utah : 
 
 Section 1. That Section 5998, Compile! Laws of Utah, 
 1917, he and the same is hereby amended to read as follows: 
 
 5998. State tax levy for school purposes. The state board of 
 equalization and assessment is hereby authorized and directed 
 to levy annually a state tax for district school purposes at such 
 rate as will raise an amount, which added to. any other state 
 funds available for district school purposes, equals as near as 
 may be $25.00 for each person of school age as shown by the 
 last preceding school census; and the levy and collections of 
 said tax must be performed in the same manner and at the 
 same time as other state taxes are levied and collected, and 
 shall be apportioned to the several school districts as provided 
 by law. 
 
 Section 2. This act shall take effect upon approval. 
 
 Approved February 18, 1921. 
 
 REHABILITATION OF INJURED PERSONS. 
 
 (Chapter 97, Laws of Utah, 1921.) 
 
 An act to accept the benefits of an act passed by the Senate 
 and House of Representatives of the United States of 
 America in Congress assembled to provide for the promo- 
 tion of Vocational Rehabilitation of persons disabled in 
 industry or otherwise and their return to Civil Employ- 
 ment, Approved June 2, 1920. 
 
 Be it Enacted by the Legislature of the State of Utah : 
 Section 1. Federal Act accepted. The State of Utah does 
 hereby through its legislative authority accept the provisions 
 and benefits of the act of Congress entitled -'An act to pro- 
 vide for the promotion of vocational rehabilitation of persons 
 disabled in industry or otherwise and their return to civil 
 employment, approved June 2, 1920. 
 
 Section 2. Custodian of fund. The State Treasurer is 
 hereby designated and appointed custodian of all moneys re- 
 ceived by the state from appropriations made by the Con- 
 gress of the United States for vocational rehabilitation of per-
 
 76 SCHOOL LAWS OF THE STATE OF UTAH 
 
 sons disabled in industry or otherwise and is authorized to re- 
 ceive and provide for the proper custody of the same and to 
 make disbursements therefrom upon orders authorized by the 
 State Board for Vocational Education and approved by the 
 State Board of Examiners. 
 
 Sec. 3. Designation of board. The State Board of Edu- 
 cation heretofore designated as the State Board for Vocational 
 Education in the administration of the provisions of the Vo- 
 cational Education Act, approved February 23, 1917, is hereby 
 designated as the State Board for the purpose of cooperat- 
 ing with the said Federal Board in carrying out the provis- 
 ions and purposes of said Federal act providing for the rehab- 
 ilitation of persons disabled in industry or otherwise and is 
 empowered and directed to cooperate with said Federal Board 
 in the administration of said act of Congress ; to prescribe and 
 provide such courses of vocational training as may be neces- 
 sary for the vocational rehabilitation of persons injured in in- 
 dustry or otherwise and provide for the supervision of such 
 training and to appoint such assistants as may be necessary 
 to administer this act and said act of Congress in this state; 
 to fix the compensation of such assistants and to direct the 
 disbursement and administer the use of all funds provided 
 by the Federal Government and the state of Utah for the vo- 
 cational rehabilitation of such persons. 
 
 Section 4. State board and industrial commission to co- 
 operate. It shall be the duty of the State Board for Vocational 
 Education and the State Industrial Commission to formulate 
 a plan of cooperation in accordance with the provisions of this 
 act and said act of Congress, such plan to become effective 
 when approved by the Governor of this state. 
 
 Section 5. Powers and duties of board. The State Board 
 of Vocational Education is hereby authorized and empowered 
 to receive such gifts and donations either from public or pri- 
 vate sources as may be offered unconditionally or under such 
 conditions related to the vocational rehabilitation of persons 
 disabled in industry or otherwise as in the judgment of the state 
 Board are proper and consistent with the provisions of this 
 act. All the moneys received as gifts or donations shall be 
 deposited in the State Treasury and shall constitute a per- 
 manent fund which may be invested in such securities as may 
 be approved by the state board of examiners, such fund to be 
 called the special fund for said board to defray the expenses 
 of vocational rehabilitation in special cases including payment 
 of necessary expenses of persons undergoing training. A full 
 report of all gifts and donations offered and accepted together 
 with the names of the donors and the respective amounts con-
 
 SCHOOL LAWS OP THE STATE OF UTAH 77 
 
 tributed by each and all disbursements therefrom shall be 
 submitted annually to the Governor of the State and to the 
 Governor and Legislature biennially by tin- state Board. 
 
 Section 6. Reports. The State Board for Vocational Edu- 
 cation shall make to the Governor annually and to the Governor 
 and Legislature biennially a report of all moneys expended for 
 the vocational rehabilitation of persons disabled in industry or 
 otherwise, both from State and Federal funds and shall include 
 such biennial report in the biennial report of the State Board 
 of Education. 
 
 Section 7. This act shall take effect June 30, 1921. 
 Approved Februay 23, 1921. 
 
 ATHEISTIC OR RELIGIOUS TEACHING 
 
 (Chapter 95, Laws of Utah, 1921.-) 
 
 An act prohibiting the teaching- of sectarian and certain other 
 doctrines in the district schools of this state and requir- 
 ing- that they be kept free from sectarian control and also 
 providing- that instruction along certain moral lines shall 
 be given and providing a penalty for the violation of the 
 provisions of this act. 
 Be it enacted by the legislature of the State of Utah : 
 
 Section 1. Atheistic or religious teaching unlawful. It 
 shall be unlawful to teach in any of the district schools of 
 this State, while in session, any atheistic, infidel, sectarian, 
 religious, or denominational doctrine and all such schools shall 
 be free from sectarian control. 
 
 Section 2. Moral instruc tion to be given. Nothing in this 
 act shall be deemed to prohibit the giving of any moral in- 
 struction tending to impress upon the minds of the pupils the 
 importance and necessity of good manners, truthfulness, tem- 
 perance, purity, patriotism, and industry but such instruction 
 shall be given in connection with the regular school work. 
 
 Section 3. Penalty. Any person who shall violate any of 
 the provisions of this act shall be guilty of a misdemeanor. 
 
 Approved March 5, 1921. 
 
 PLANS FOR SCHOOL BUILDINGS 
 
 (Chapter 94, Laws of Utah, 1921.) 
 
 An act relating to the filing of plans and specifications 
 for school buildings with the State Superintendent of 
 Public Instruction, and repealing Section 4527, Compiled 
 Laws of Utah, 1917.
 
 78 SCHOOL LAWS OF THE STATE OF UTAH 
 
 Be it Enacted by the Legislature of the State of Utah : 
 
 Section 1. Plans to be approved. No school building or 
 addition thereto shall hereafter be contracted for or erected in 
 any school district in this state, not included in cities of the 
 first and second class, the cost of which exceeds $5,000.00, un- 
 til the plans and specifications for the same shall have been 
 submitted in duplicate to the State Superintendent of Public 
 Instruction and his approval endorsed thereon. One copy of 
 each such approved plans and specifications shall remain on 
 file in the office of the State Superintendent of Public Instruc- 
 tion. 
 
 Section 2. Code of standards. The State Superintendent 
 of Public Instruction shall formulate a code to govern the pre- 
 paration of all plans and specifications for school buildings. 
 Said code shall include standards for construction, heating, 
 ventilation, sanitation, lighting, safety from fire; panic and 
 other dangers, and for promoting the safety and health of the 
 occupants. 
 
 Section 3. Architect or expert may be employed. The 
 State Superintendent of Public Instruction is hereby charged 
 with the enforcement of the provisions of this act, and when- 
 ever it is necessary, he may employ an architect or other 
 expert to examine the plans and specifications of any school 
 building or addition thereto, submitted as provided above, 
 or to inspect any school building in course of erection. If 
 such examination or inspection reveals non-conformity with 
 said code, the State Superintendent, of Public Instruction 
 shall notify the Board of Education erecting said building 
 and make recommendations; and it shall be the duty of said 
 Board of Education to comply therewith. 
 
 The compensation and expenses of said architect or ex- 
 pert for the actual time so employed shall be paid out of the 
 state school fund upon approval of the State Superintend- 
 ent of Public Instruction and the State Board of Examiners. 
 
 Section 4. Licensed achitect to make plans. No plans 
 or specifications of school buildings shall be approved un- 
 less prepared bv a dulv licensed architect. 
 
 Section 5. ' Section 4527, Chapter 3, Title 90, of the Com- 
 piled Laws of Utah, 1917, is hereby repealed. 
 
 Approved March 10, 1921. 
 
 EXTRACTS FROM THE STATE CONSTITUTION. 
 
 ARTICLE X 
 
 EDUCATION 
 
 Section 1. Free non-sectarian schools. The Legislature 
 shall provide for the establishment and maintenance of a
 
 SCHOOL LAWS OF THE STATE OF UTAH 79 
 
 uniform system of public schools, which shall be open to all 
 children of the state and be free from sectarian control. 
 
 Sec. 2. Public school system, maintenance. The public school 
 system shall include kindergarten schools; common schools, 
 consisting tit' primary and grammar grades; high schools, an 
 agricultural eollege; a university; and such other schools .is the 
 
 Legislature may establish. The common schools shall be 
 free. The other departments of the system shall be supported 
 as provided by law. 
 
 Sec. 3. State school fund, interest distributed. The pro- 
 ceeds of all lands that have been or may be granted by tne 
 
 United States to this State, for the support of the common 
 school.-;: the proceeds of all property that may accrue t<> the 
 State by escheat or forfeiture; all unclaimed shares and div- 
 idends of any corporation incorporated under the laws of 
 this State; the proceeds of the sale of timber, mineral or 
 other property from school and State lands, other than thi 
 granted for specific purposes ; and five percentum of the 
 net proceeds of the sale of public lands tying within the 
 State, which shall be sold by the United States, subsequenl 
 the admission of this State into the Union, shad he ami re- 
 main a perpetual fund, to be called the State School fund, 
 the interest of which only, together with such other means as 
 the Legislature may provide, shall be distributed among the 
 several school districts according to the school population 
 residing therein. Provided, that all funds derived from any 
 State tax for high schools shall be apportioned among the 
 several cities and school districts according to the attendance 
 at the high schools therein: but no city or district shall be 
 entitled to any part of the fund derived from the S a 
 for high schools unless the high school therein is maintained 
 upon the standard and for the period during the year that 
 may be fixed by the State Board of Education. 
 
 Sec. 4. University and agricultural college located. Rights, 
 etc. The location and establishment by existing laws of the 
 University of Utah, and the Agricultural College are hereby 
 confirmed, and all the rights, immunities, franchises and en- 
 dowments heretofore granted or conferred, are hereby per- 
 petuated unto said University and Agricultural College re- 
 spectively. 
 
 Sec. 5. Proceeds of land grants to constitute permanent 
 funds. The proceeds of the sale of lands reserved by an Act 
 of Congress, approved February 21st. 1855, for the estab- 
 lishment of the University of Utah, and of all the lands grant- 
 ed by an Act of Congress, approved July 16th, 1894. shall con- 
 stitute permanent funds, to be safely invested ami held by 
 the State; and the income thereof shall be used exclusively for 
 the support and maintenance of the different institutions and
 
 80 SCHOOL LAWS OF THE STATE OF UTAH 
 
 colleges, respectively, in accordance with the requirements and 
 conditions of said Acts of Congress. 
 
 Section 6. Separate control of city schools. In cities 
 of the first and second class, the public school system shall 
 be controlled by the Board of Education of such cities, sepa- 
 rate and apart from the counties in which said cities are 
 located. 
 
 Sec 7. School funds guaranteed by state. All public 
 School Funds shall be guaranteed by the State against loss 
 or diversion. 
 
 Sec. 8. State board of education. The general control 
 and supervision of the Public School System shall be vested 
 in a State Board of Education, consisting of the Superintend- 
 ent of Public Instruction, and such other persons as the Legis- 
 lature may provide. 
 
 Sec. ; 9. Text Books. Neither the Legislature nor the 
 State Board of Education shall have power to prescribe text 
 books to be used in the common schools. 
 
 Sec. 10. Institutions for deaf, dumb and blind. Property. 
 Fund. Institutions for the deaf and dumb and for the blind, are 
 hereby established. All property belonging to the School for 
 the Deaf and Dumb, heretofore connected with the University 
 of Utah, shall be transferred to said institution for the deaf 
 and dumb. All the proceeds of the lands granted by the Unit- 
 ed States, for the support of a Deaf and Dumb Asylum, and 
 for an Institution for the Blind, shall be a perpetual fund 
 for the maintenance of said Institutions. It shall be a trust 
 fund, the principal of which shall remain inviolate, guaranteed 
 by the State against loss by diversion. 
 
 Sec. 11. Metric System. The Metric System shall be 
 taught in the public schools of the State. 
 
 Sec. 12. No religious or partisan tests in schools. Nei- 
 ther religious nor partisan test or qualification shall be re- 
 quired of any person, as a condition of admission, as teacher 
 or student, into any public educational institution of the State. 
 
 Sec. 13. Public aid to church schools forbidden. Neither 
 the Legislature nor any county, city, town, school district, or 
 other public corporation, shall make any appropriation to aid 
 in the support of any school, seminary, academy, college, uni- 
 versity or other institution, controlled in whole, or in part, 
 by any church, sect or denomination whatever. 
 
 ARTICLE XIII. 
 
 Sec. 7. Tax rate for state and school purposes. The rate 
 of taxation on property for State purposes shall never exceed 
 8 mills on each dollar of valuation to be apportioned as fol-
 
 SCHOOL LAWS OF THE STATE OF UTAH 81 
 
 lows: Not to exceed 4!/2 mills on each dollar of valuation for 
 general State purposes; not to exceed 3 mills on each dollar 
 of valuation for district school purposes; not to exceed Y2 mill 
 on each dollar of valuation for high school purposes; thai part 
 of the State tax apportioned to high schobl purposes shall 
 constitute a fund to be called the High School Fund and shall 
 be apportioned to the cities and school districts maintaining 
 high schools in the manner the Legislature may provide. And 
 whenever the taxable property within the State shall amount 
 to $400,000,000.00, the rates shall not exceed on each dollar of 
 valuation two and four-tenths mills for general State purposes, 
 two-tenths of one mill for high school purposes, and such levy 
 for district school purposes as will raise annually an amount 
 which, added to any other State funds available for district 
 school purposes, equals $25.00 for each person of school a pro 
 in the State shown by the last preceding school census; un- 
 less a proposition to increase such rate or rates, specifying 
 the rate or rates proposed and the time during which the same 
 shall be levied, bo first submitted to a vote of such of the quali- 
 fied electors of the State as, in the year next preceding such 
 election, shall have paid a property tax assessed to them with- 
 in the State, and the majority of those voting thereon shall 
 vote in favor thereof, in such manner as may be provided by 
 law. 
 
 ARTICLE XIV 
 
 Sec. 4. Limit of indebtedness of counties, cities, etc. When 
 authorized to create indebtedness as provided in Section 3 of 
 this Article, no county shall become indebted to an amount, in- 
 cluding existing indebtedness exceeding two percentum. No 
 city, town, school district or other municipal corporation, shall 
 become indebted to an amount, including existing indebted- 
 ness, exceeding four percentum of the value of the taxable 
 property therein, the value to be ascertained by the last as- 
 sessment for State and county purposes, previous to the incur- 
 ring of such indebtedness.; excepl thai in incorporated cities 
 the assessment shall be taken from the last assessment for city 
 purposes; provided, that no part of the indebtedness allowed 
 in this Section shall be incurred for other than strictly county. 
 city, town or school district purposes; provided further, that 
 any city of the first and second class when authorized as 
 provided in Section 3 of this Article, may bo allowed to in- 
 cur a larger indebtedness, not to exceed four percentum and 
 any city of the third class, or town, not to exceed eicrht per- 
 centum additional, for supplying such city or town with water, 
 artificial lights or sewers, when the works for supplying such 
 water, light and sewers, shall be owned and controlled by 
 the municipality.
 
 INDEX 
 
 (Numbers refer to sections, exceiii when preceded by 
 to pages.) 
 
 ])" when they refer 
 
 AMERICANIZATION p. 72 
 
 4535 
 
 BIRD DAY 
 how observed. 
 
 BOARD OF EDUCATION 
 in county district of first class, 
 see "districts, county, of first 
 class" hereunder. 
 in cities of first and second 
 class, see "city" hereunder. 
 
 BONDS 
 
 see "elections"' hereunder. 
 
 power to create debt. .Con. art. 
 
 14, sec. 4 
 
 county district, elec. on 
 
 issue 4627-4631 
 
 Bond limit 4631 
 
 denomination, interest, time 4632 
 
 form 4633 
 
 County clerk to certify 4633 
 
 sale to highest bidder 4634 
 
 cancelled, how 4635 
 
 tax levy for interest 4636 
 
 lien on taxable property.... 4638 
 
 city district, board calls elect. 4708 
 
 notice, ballots, etc 4709, 4710 
 
 qualification of voters. ...... 4711 
 
 canvass, certification, issue. . 4712 
 
 limit, three per cent 4712 
 
 intertst and tax.......... 4713 
 
 denomination 4713 
 
 heretofore authorized, inter- 
 est 4713 
 
 printing, certification- 4711 
 
 sale, use of proceeds 471" 
 
 redemption, cancellation. . . . .4716 
 refunding for lower rate.... 4716 
 
 sinking fund, interest 
 
 ....4704, 4712, 4717, 4718 
 
 lien on taxable property.... 4719 
 
 BUILDINGS 
 contract to erect: 
 
 county districts of first class 4639 
 city schools 4720 
 
 CENSUS 
 by board of education. .. .4610, 4674 
 
 CERTIFICATES AND DIPLOMAS 
 state board empowered to issue 4506 
 
 classification 4508 
 
 holder not examined, when. . 4509 
 revocation 4512 
 
 CERTIFICATES AND DIPLOMA) 
 issued by university, force.. 4509 
 
 City, qualifications 4689-4691 
 
 county district of first class, 
 
 examination 4620 
 
 CHILDREN 
 
 compulsory attend.. . 17 in, 4712, p. 70 
 incorrigible sent to industrial 
 
 school 4743 
 
 habitual truant, parental 
 
 school ....4641, 4722 
 
 neglected, parental school 4643 
 
 CITY 
 
 each city a district 4661 
 
 open to children of school age 4661 
 separate from other schools.. 4660 
 
 school year 4672 
 
 claims & accounts to be verified 4680 
 bonds, sites, buildings, etc. .4780-4719 
 see "bonds" hereunder. 
 
 erecting buildings... 4720 
 
 BpeciaJ tax, election. .4706, 47"7 
 board of education to control. . 
 
 Con. art 10, sec. 6; 4660, 4661 
 
 a body corporate 4680 
 
 members, number, residence 4662 
 
 qualifications 4667 
 
 vacancies 4667 
 
 organization 4668 
 
 oath of office 4668 
 
 may administer oaths.... 4680 
 
 compensation 4673 
 
 election 4663, 4664 
 
 term begins, when 4665 
 
 additional compensation 
 
 penalty 4673 
 
 elections, when held 4663. 47564 
 
 how conducted 4666 
 
 to fill vacancy 4667 
 
 officers, election 4668 
 
 removal 4669 
 
 ipointive 4670 
 
 president, duties 4676 
 
 clerk, bond 4677 
 
 duties, compensation 4678 
 
 member teachers' retirement 
 
 ition commission . . . 4751 
 
 may administer oaths 4680 
 
 treasurer, duties, compensation }>',7'.' 
 is tr< asurer of teachers' re- 
 
 tir >ment commission ■ 
 
 board, powers, generally. .4680-4683 
 sue and be sued 4680 

 
 INDEX 
 
 CITY— CONCLUDED 
 
 board, by-laws and rules 4681 
 
 furnish students books 4681 
 
 appoint examiners 4684 
 
 teachers certificates 4689-4694 
 
 training school 4681 
 
 parental school .4721-4730 
 
 attendance officer 4729 
 
 teachers' retirement association, 
 authorize organization 4750 
 
 board of examiners 4684-4688 
 
 see "certificates" hereunder 
 
 superintendent, election, oath, 
 
 term 4671 
 
 chairman of examiners ..... 4685 
 members teachers' retirement 
 association commission. . 4751 
 
 to attend convention 4524 
 
 convention expenses 4524 
 
 annexation of entire district, 
 
 property rights 4745 
 
 of part of district 4746 
 
 text books, selection, etc. .4695-4700 
 
 taxes, levy, collection, limit.. 4704 
 
 school property, exempt 4701 - 
 
 delinquent paid to board 4705 
 
 election for special 4706 
 
 for interest, redemption 4717 
 
 for sinking fund 4717 
 
 CIVIC CENTERS 
 
 every public schoolhouse is . . 4551 
 
 purposes 4551 
 
 use free, exception 4552 
 
 management, rules, supervisor 4553 
 use of schoolhouse subject to 
 
 discretion of directors.... 4554 
 
 CLERK 
 
 of city board 4668, 4677 
 
 duties .4678 
 
 of district of first class, ap- 
 pointment 4604 
 
 duties 4614 
 
 COMPULSORY ATTENDANCE 
 
 what children to attend, how long 
 4740, p. 70 
 
 failure to send children, penalty 4741 
 inquiry into, by board 4742 
 
 habitual truant 4641, 4722, 4743 
 
 CONSTITUTION 
 
 provisions on education,. .. .p. 78-81 
 
 CONVENTION OF 
 SUPERINTENDENTS 
 
 called by state superintendent 4524 
 
 COUNTY DISTRICTS OF 
 FIRST CLASS 
 
 see "district, county, first class" 
 
 COURSE OF STUDY 
 
 committee to prescribe 4531 
 
 serve without compensation 4532 
 
 furnished free of cost to each 
 county or district 4531 
 
 observation and value of birds, 
 etc 4535 
 
 physiology and hygiene 4534 
 
 sanitation and prevention of dis- 
 ease 4535 
 
 DEBT 
 
 see "indebtedness" and "bonds" 
 hereunder. . 
 
 DIPLOMAS 
 see "certificates and diplomas" 
 
 DISTRICT, COUNTY, FIRST CLASS 
 
 county district other than first 
 class, see "district." 
 
 how constituted 4597 
 
 county commisssioners designate 
 
 name 4597 
 
 subdivide 4597 
 
 schols therein free 4598 
 
 under direction of board 4598 
 
 election, how conducted 4602 
 
 school year 4608 
 
 reports of president, etc 4608 
 
 property of, vested in board of 
 
 education 4619 
 
 exempt from tax, etc 4622 
 
 teachers, examinations for. . . . 4620 
 
 receive share of taxes 4623 
 
 board of education 4597 
 
 members, election 4600 
 
 oath, bonds 4600, 4604 
 
 qualify, when 4601 
 
 take seats, when 4601 
 
 qualifications • • • • 4603 
 
 compensation, how 
 
 fixed 4609 
 
 vacancies, how filled 4603 
 
 organize, how 4604 
 
 president, election 4604 
 
 duties 4612 
 
 clerk, election, qualifications, 
 
 term .4604 
 
 bond 4613 
 
 duties 4614 
 
 treasurer, election, qualifica- 
 tions, term 4604 
 
 oath, bond 4615 
 
 duties 4615 
 
 members, may administer 
 
 oaths 4616 
 
 officer of, removed, how.... 4605 
 may appoint other officers. .4606 
 elect superintendent of 
 schools 4607
 
 INDEX 
 
 DISTRICT, COUNTY, FIRST CLASS 
 — Concluded 
 
 term and duties 4607 
 
 teacher's examinations 4620 
 
 powers generally 4617 
 
 a body corporate. 4616 
 
 sale of property, restrictions 
 
 on 4618 
 
 receive property from former 
 
 trustees 4619 
 
 levy taxes 4624 
 
 election on special tax levy, 
 
 call 4626 
 
 district bonds, call 4627 
 
 seil bonds to highest bidder 4634 
 advertise for bids to build 
 
 houses 4639 
 
 members not be interested 
 
 in contracts let 4639 
 
 establish parental schools. .. .4640 
 appoint and pay off truant of- 
 ficers 4648 
 
 ELECTIONS 
 
 of state superintendent 4517 
 
 none when 4649 
 
 of board, county district of first 
 class 4600, 4601 
 
 of board of education, cities4663-4667 
 
 cities of second class 4664 
 
 conduct of elections 4666 
 
 on tax rate, for sites, buildings, 
 
 etc 4626, 4706 
 
 bond, in cities 4627, 4708 
 
 see 'bonds" hereunder. 
 
 to create indebtedness 4590 
 
 qualifications of voters. . . . 4591 
 
 in cities 4592 
 
 in other districts 4593 
 
 ballots 4594 
 
 canvass 4596 
 
 EXAMINATION OF TEACHERS 
 see "certificates and diplomas'' 
 
 FLAG 
 
 American, to be displayed 4744 
 
 FUNDS 
 perpetual, what constitutes 
 
 Con. art. 10, sees., 3, 5; p. 79 
 
 guaranteed by state.. Con. art. 10, 
 
 sec. 7 
 apportionment to districts. 4 51 8, 4565 
 
 high school .4575. 4580 
 
 state and county, used for pay- 
 ment of teachers 4565 
 
 t t - obo rc ' retirement 
 
 commission 4756 
 
 county auditor apportions, 
 
 when .... 4649 
 
 see "bonds" hereunder. 
 
 HEALTH 
 
 health education p. 72 
 
 teacher to examine sight, hear- 
 ing, etc., of pupils 4546 
 
 state board health to prescribe 
 
 rules 4547 
 
 teste when made 1548 
 
 duty of boards to enforce 15 i'.» 
 
 may employ physician 4550 
 
 HIGH SCHOOL 
 free when . . . .Con. art. 10, sees. 2, 3; 
 
 p. 79 
 
 tax for 4575-4582 
 
 in districts of the first class.. 4617 
 
 in cities 4681 
 
 standard to be fixed 4677 
 
 inspection 4581 
 
 apportionment of fund 4580 
 
 INCORRIGIBLE CHILDREN 
 
 sent to industrial school 4743 
 
 parental school. .4641, 4721-4730 
 
 INDEBTEDNESS 
 
 not in excess of revenue, 
 
 allowed 4590 
 
 additional 4590, 4591 
 
 election for 4592, 4593 
 
 ballots 4594 
 
 who may vote 4595 
 
 canvass, result 4596 
 
 when territory annexed to city, 
 adjustment 4745-4747 
 
 power to create.. Con .art. 14; p. 81 
 
 see "bonds" hereunder. 
 
 KINDERGARTEN SCHOOLS 
 
 board may establish 4544 
 
 cost of, taken from district 
 
 fund 4545 
 
 in cities 4545, 4681 
 
 in county district of first 
 
 class 4617 
 
 NEGLECTED CHILDREN 
 committed to parental school.. 4643 
 
 PARENTAL SCHOOLS 
 board of education may 
 
 establish 4721 
 
 truant to be committed. . 4722 
 
 release from 4723 
 
 expense, how paid 4727 
 
 pupils outside of city 472s 
 
 truant officer, compensa- 
 tion ...... ......4648, 4729 
 
 in county districts of first class 4640 
 
 truants sent to 4641 
 
 parents pay cost 4646 
 
 released from 4642 
 
 neglected children 4643 
 
 how discharged from....... 4644 
 
 other children 4647
 
 INDEX 
 
 PART-TIME SCHOOLS p. 68 
 
 PROPERTY 
 
 see "taxes" "buildings," "bonds." 
 
 REGISTRATION LIST 
 
 county clerk to furnish districts 
 of first class 4650 
 
 RELIGIOUS DOCTRINES 
 free from sectarian control. . . . 
 
 Con. art. 10, sec. 1; p. 78 
 
 atheistic or religious teaching.. p. 77 
 
 REPORTS 
 
 to state superintendent 4608, 4611, 
 
 ■ . 4672, 4675 
 
 to board of education 
 
 ..4608, 4614, 4615, 4632, 4678, 4679 
 
 RETIREMENT ASSOCIATION 
 
 see "teachers" hereunder.. 
 
 REVENUE 
 
 see "bonds," "indebtedness," 
 "funds," "taxes" hereunder. 
 
 SANITATION 
 
 see "health." 
 
 school year 4608, 4672 
 
 SCHOOLHOUSES 
 
 election to provide 
 
 4655-4626, 4631, 4706. 4707 
 
 as civic centers 4551-4554 
 
 erection county districts p. 78 
 
 plans to state supt p. 78 
 
 advertise for bids .4639, 4720 
 
 SINKING FUNDS 
 
 account of and investment 4637, 4718 
 tax to provide 4636, 1717 
 
 STATE BOARD OF EDUCATION 
 
 membership, term. 4505 
 
 to control public school system 
 
 Con. art 10, sec. 8; 4505. . 
 
 to establish libraries and gymna- 
 sium .4505 
 
 secretary 4514 
 
 to grant diplomas and certificates 
 
 4506-4511 
 
 revoke diplomas, etc 4512 
 
 see "diplomas" and "certificates" 
 hereunder. 
 
 compensation, expenses 4513 
 
 state superintendent is chairman.4514 
 to recommend supervisors, etc 4514 
 
 majority vote controls 4515 
 
 meetings 4516. p. 68 
 
 provide examination questions. 4510 
 assistants for, compensation.. 4511 
 
 seal 4519 
 
 to administer federal vocational 
 
 education fund of Utah p. 68 
 
 high school fund, duties respect- 
 ing 4575-4582 
 
 fix standard. . 4577 
 
 to be notified as to intention 
 
 to participate 4576 
 
 to receive reports of attend- 
 ance 4578 
 
 state auditor report to 4579 
 
 apportion fund, when and 
 
 how 4580 
 
 direct expenditure district library 
 fund 4525 
 
 STATE SUPERINTENDENT OF 
 PUBLIC INSTRUCTION 
 
 election of, term, qualifications 4517 
 
 oath, bond 4517 
 
 may appoint a deputy, compen- 
 sation 4517 
 
 to supervise public school 
 
 system 4518 
 
 to apportion school fund.. 4518, 4564 
 
 not until reports made 4518 
 
 to prepare and furnish forms. . 4519 
 
 to visit each county once a year 4519 
 
 may examine school accounts 4519 
 
 to advise with school officers. . 4520 
 
 opinions on schools matters.. 4520 
 
 .to be printed 4519 
 
 decision final, until 4520 
 
 biennial report printed with 
 
 law 4521, 4522 
 
 information to national commis- 
 sioner 4522 
 
 to file account of expenses. .... 4523 
 to deliver books, etc., to 
 
 successor 4523 
 
 call convention of superintend- 
 ents 4524 
 
 member board of education. . . . 4505 
 
 text book commission 4555 
 
 committee on course of 
 
 study 4531 
 
 board to settle right on 
 annexation of territory to 
 
 city 4746 
 
 call text book commission .... 4556 
 contract with publishers of 
 
 books 4560 
 
 not to act as agent for publisher 4561 
 
 STUDY, COURSE OF 
 
 committee to prescribe 4531 
 
 see course of study.
 
 INDEX 
 
 SUPERINTENDENT OF CITY 
 SCHOOLS 
 
 see "city" hereunder 
 
 SUPERINTENDENT OF COUNTY 
 SCHOOLS OF FIRST CLASS 
 
 oath, term _ 4607 
 
 member of board to settle be- z" z 
 
 tween districts 474R 
 
 attend conventions 4607 
 
 SUPERINTENDENT, STATE 
 
 see "state superintendent" here- 
 under. 
 
 TAXES 
 
 see "funds" and "elections" 
 hereunder. 
 
 for judgment for taxes illegally 
 collected 4586 
 
 districts of first class 4624-4626 
 
 levy, rate, collection 4624 
 
 paid over to board 4625 
 
 for interest and redemption 
 
 of bonds 4636, 4717 
 
 special for buildings, how 
 levied 4626 
 
 school property exempt 
 
 from 4622, 4701 
 
 state levy .4575, p. 75 
 
 special ... .4626, 4627, 4706, 4707 
 
 TEACHERS 
 
 see "certificates" hereunder. 
 
 test pupils' hearing, sight, etc. 
 retirement associations: 
 applicable to first and second 
 
 class cities 
 
 beneficiaries two classes.. 
 how retired and nension.. 
 deduction for delinquent 
 
 dues 
 
 clerk 
 
 commission, creation 
 
 members and term 
 
 election, how 
 
 qualification, vacancies... 
 organization and officers., 
 without compensation. . . . 
 
 meetings, records 
 
 report 
 
 rules and by-laws 
 
 fund, two classes 
 
 how managed and dis- 
 bursed 
 
 current, how constituted., 
 permanent, how constituted 
 
 transfers 
 
 refund to estate, when. . . . 
 
 insufficient, pro rata 
 
 income 
 
 membership , 
 
 4546 
 
 4750 
 4750 
 4760 
 
 4761 
 .4754 
 4750 
 4751 
 4752 
 4753 
 4754 
 475} 
 4755 
 4755 
 4765 
 4756 
 
 4756 
 4759 
 4750 
 4 7"0 
 4762 
 4763 
 4758 
 4755 
 
 TEACHERS— Concluded 
 
 assessments 4758 
 
 transfer or continuance.. 4761 
 refund of dues paid to 
 
 estate, when 4762 
 
 refund, who entitled 4762 
 
 retirement, when and how. . 4760 
 state teachers, retirement com- 
 mission, winding up 4767 
 
 teacher, defined 4765 
 
 treasurer 4754 
 
 TEXT BOOKS 
 
 commission created 4555 
 
 members 4555 
 
 expenses, how paid 4555 
 
 select text books for district 
 
 and high schools 4555 
 
 except cities 4555 
 
 meetings, when held. ....... 4556 
 
 notice, how ^iven 455b 
 
 state purpose 4556 
 
 sealed proposals and contract 4556 
 
 proposals publicly read 4557 
 
 samples and prices 4558 
 
 when proposal unsatisfac- 
 tory 4559 
 
 publisher's contract 4560 
 
 officer or teacher not to act as 
 
 agent . . 456I 
 
 text book commission not to receive 
 
 bonus 4562 
 
 use of to be enforced, penalty. . 4563 
 in cities, selection by board.. 4695 
 
 notice to publishers 4696 
 
 opening bids 4697 
 
 samples and prices. 4698 
 
 unsatisfactory proposal 4699 
 
 nnblishers' contracts 4700 
 
 • board may furnish free.... 4681 
 
 TREASURER 
 
 of county school district of first 
 class, duties, salary 4615 
 
 state to receive and pay over 
 
 funds . . 4654 
 
 of city board 4679 
 
 TRUANTS 
 
 committed to parental school. 
 
 when 4641. 4722 
 
 parents pay cost of. . .4646. 4727 
 
 to industrial school 47 in 
 
 released from parental school. 
 
 when .4642. 4723 
 
 officer 4648, 4729 
 
 VACANCIES 
 member board of 
 education . ... .4603. 4667 
 
 VOCATIONAL EDUCATION ... .p. 68
 
 i
 
 
 1 
 
 M 

 
 I 
 
 M 
 
 I,\W IJBRAKS 
 UNIVERSITY OF CAL1FOKS* 
 
 U ' , ,« ANfiELES
 
 Munuf ocfur»d by 
 JCAYLORD BROS. Inc. 
 Syrocu»«, N. V. 
 Stockton, Coll*. 
 
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