SCHOO] L LAWS OF THE State of Colorado u. s. A. I Including, Among Other Things, Provisions of the Act of Congress Granting Lands to the State for Educational Purposes, and Parts of the Constitution Concerning Educational Institutions. KATHERINE M. COOK State Superintendent of Public Instructio 1909-1910 1909 THE BMITH -BROOKS COMPANY. STATE PRINTERS DENVER, COLORADO GIFT OF SCHOOL LAWS OF THE State of Colorado U.S.' A. Including, Among Other Things, Provisions of the Act of Congress Granting Lands to the State for Educational Purposes, and Parts of the Constitution Concerning Educational Institutions. KATHERINE M. COOK State Superintendent of Public Instruction 1909-1910 1909 THE SMITH-BROOKS COMPANY, STATE PRINTERS DENVER, COLORADO STATE OF COLORADO DEPARTMENT OF PUBLIC INSTRUCTION This compilation of .the School Laws is made in compliance with the statute, which provides that the state superintendent "shall have the laws relating to public schools printed in pam- phlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and state libraries with a copy each." This work embraces the statutes now in force, including those passed by the legislature of 1909; all the provisions of the Enabling Act, Constitution of the State, and Federal Statutes pertaining to public schools. The sections have been rearranged and numbered according to the Revised Statutes of Colorado. In order to obviate the difficulties which have arisen from the conflicting statements relating to Union and County High Schools, the laws applicable thereto have been arranged under separate headings. Superintendent of Public Instruction. DENVER, COLORADO, September 25, 1909. TABLE OF Page Appeals 102 Appendix 109 Compulsory Education 14 Constitution 5 County Government 24 County High School 81, 84 County and Union High Schools 84 County School Tax , . 44 County Superintendent 39 Crimes 24 Delinquent Children 23 District Bonds 69, 88 Duties of County Treasurer 47 Duties of Officers 65 Elections 27, 58 Enabling Act 4 Federal Statutes 4 Fees and Salaries 27 Flags 28 Holidays 29 Justices and Constables 31 Miscellaneous 104 Mute and Blind 32 Powers and Duties of Officers and Directors 60, 85 Public Contracts 32 Public Health 33 Refunding Bonds 76 School Districts 50 School Funds 42 School Government 55 Special District Meetings 77 Special Funds 46 State Board of Education 33 State Normal Schools 106 State Superintendent .36 Teachers 95 Teachers' Institutes 100 Truant Schools 92 Union High Schools 78, 84 Union and County High Schools 84 381483 THE ENABLING ACT. Act of Congress, March 3, 1875. 7. Lands for schools. The sections numbered sixteen and thirty-six in every town- ship, and where such sections have been sold or otherwise dis- posed of by any act of congress, other lands equivalent thereto in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said state for the support of common schools. 10. Seventy-two sections for university. That, seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected and approved in manner as aforesaid, and to be appro- priated and applied as the legislature of said state may prescribe for the purpose named and for no other purpose. 14. School lands how sold price. That the two sections of land in each township herein granted for the support of common schools, shall be disposed of only at public sale, and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school fund, the interest of which is to be expended in the sup- port of common schools. 15. Mineral lands excepted. That all mineral lands shall be excepted from the operation and grants of this act. FINES UNDER FEDERAL STATUTES. Sec. 52. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. [Federal Criminal Code. Sec. 53. Whoever shall build a fire in or near any forest tim- ber, or other inflammable material upon the public domain shall, before leaving said fire, totally extinguish the same ; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year or both. [Federal Criminal Code. Sec. 54. In all cases arising under the two preceding sections the fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated. [Federal Criminal Code. CONSTITUTION OF COLORADO, 1876. ARTICLE IV. EXECUTIVE DEPARTMENT. 1. Term of office residence duties seat of government. The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor of state, state treasurer, attorney-general, and superintendent of public instruc- tion, each of whom shall hold his office for the term of two years, beginning on the second Tuesday of January next after his election; * * * The officers of the executive department, except the lieutenant-governor, shall, during their term of office, reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this constitution or by law. 4. Eligibility first election thereafter age residence. No person shall be eligible to the office of governor, lieuten- ant governor, or superintendent of public instruction, unless he shall have attained the age of thirty years. * * * no person shall be eligible to any one of said offices, unless, in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States, and have resided within the limits of the state two years next preceding his election. 6. Governor appoint officers vacancy election senate confirms. * * * If the office of auditor of state, state treasurer, secretary of state, attorney-general, or superintendent of public instruction, shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appoint- ment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. * * * 20. Superintendent of public instruction, ex officlo librarian. The superintendent of public instruction shall be ex officio state librarian. 6 SCHOOL LAWS OP ARTICLE VII. SUFFRAGE AND ELECTIONS. 1. Citizenship. Every person over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections : He or she shall be a citizen of the United States, and shall have resided in the state twelve months immediately pre- ceding the election at which he offers to vote, and in the county, city, town, ward or precinct, such time as may be prescribed by law. 4. Absence in civil or military service. For the purpose of voting and eligibility to office, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the state, or of the United States, nor while a student at any institution of learning, nor while kept at public expense in any poorhouse or other asylum, nor while con- fined in public prison. 5. Privilege of voters. Voters shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. 6. Electors only eligible to office. No person except a qualified elector shall be elected or ap pointed to any civil or military office in the state. 10. Prisoners disqualified restoration pardon or full service. No person while confined in any public prison shall be entitled to vote; but every such person who was a qualified elector prior to such imprisonment, and who is released there- from by virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall, without further action, be invested with all the rights of citizenship, except as otherwise provided in this constitution. TIII-: STATI; OF COLORADO. 7 ARTICLE VIII. STATE INSTITUTIONS. 1. Charitable institutions established. Educational, reformatory and penal institutions, and those for the benefit of the insane, blind, deaf and mute, and such other institutions as the public good may require, shall be established and supported by the state, in such manner as may be prescribed by law. 5. Territorial institutions become state transfer. The following territorial institutions, to-wit: The Uni- versity at Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, the Institute for the Education of Mutes at Colorado Springs, shall, upon the adoption of this con- stitution, become institutions of the state of Colorado, and the management thereof subject to the control of the state, under such laws and regulations as the general assembly shall provide; and the location of said institutions, as well as all gifts, grants and appropriations of money and property, real and personal, heretofore made to said several institutions, are hereby confirmed to the use and benefit of the same respectively; Provided, This section shall not apply to any institution, the property, real or personal, of which is now vested in the trustees thereof, until such property be transferred by proper conveyance, together with the control thereof, to the officers provided for the management of said institution by this constitution, or by law. ARTICLE IX. EDUCATION. 1. Board of education members president. The general supervision of the public schools of the state shall be vested in a board of education, w r hose powers and duties shall be prescribed by law; the superintendent of public instruc- tion, the secretary of state and attorney-general shall constitute the board, of which the superintendent of public instruction shall be president. 2. Free schools one in each district three months. The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uni- 8 SCHOOL LAWS OF form system of free public schools throughout the state, wherein all residents of the state between the ages of six and twenty-one years may be educated gratuitously. One or more public schools shall be maintained in each school district within the state, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. 3. School fund inviolate state treasurer custodian. The public school fund of the state shall forever remain inviolate and intact; the interest thereon shall only be ex- pended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred to any other fund, or used or appropriated except as herein pro- vided. The state treasurer shall be the custodian of this fund, and the same shall be securely and profitably invested as may be by law directed. The state shall supply all losses thereof that may in any manner occur. 4. County treasurer collect and disburse warrants. Each county treasurer shall collect all school funds belong ing to his county, and the several school districts therein, and disburse the same to the proper districts upon warrants drawn by the county superintendent or by the proper district authori- ties, as may be provided by law. 5. School fund of what consists. The public school fund of the state shall consist of the pro- ceeds of such lands as have heretofore been, or may hereafter be, granted to the state by the general government for educational purposes; all estates that may escheat to the state; also all other grants, gifts or devises that may be made to this state for educa- tional purposes. 6. County superintendent commissioner of lands. There shall be a county superintendent of schools in each county, whose term of office shall be two years, and whose duties, qualifications and compensation shall be prescribed by law. He shall be ex officio commissioner of lands within his county, and shall discharge the duties of said office under the direction of the state board of land commissioners, as directed bv law. THE STATE OF COLORADO. 9 7. Aid to sectarian schools, churches forbidden. Neither the general assembly, nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sus- tain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sec- tarian denomination whatsoever; nor shall any grant or dona- tion of land, money, or other personal property, ever be made by the state, or any such public corporation, to any church, or for any sectarian purpose. 8. Religious test forbidden sectarian tenets race, color. No religious test or qualification shall ever be required of any person as a condition of admission into any public educa- tional institution of the state, either as teacher or student; and no teacher or student of any such institution shall ever be re- quired to attend or participate in any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. 9. Board of land commissioners members powers. The governor, superintendent of public instruction, secretary of state and attorney-general shall constitute the state board of land commissioners, who shall have the direction, control and disposition of the public lands of the state, under such regula- tions as may be prescribed by law. 10. Public lands location sale disposal. It shall be the duty of the state board of land commissioners to provide for the location, protection, sale or other disposition of all the lands heretofore, or which may hereafter, be granted to the state by the general government, under such regulations as may be prescribed by law; and in such manner as will secure the maximum possible amount therefor. No law shall ever be passed by the general assembly granting any privileges to persons who may have settled upon any such public lands subsequent to the survey thereof by the general government, by which the amount to be derived by the sale, or other disposition, of such lands, shall be diminished, directly or indirectly. The general assembly shall, at the earliest practicable period, provide by law that the several grants of land made by congress to the state shall be judiciously 10 SCHOOL LAWS OF located and carefully preserved and held in trust, subject to dis- posal, for the use and benefit of the respective objects for which said grants of land were made; and the general assembly shall provide for the sale of said lands from time to time; and for the faithful application of the proceeds thereof in accordance with the terms of said grant. 11. Compulsory education. The general assembly may require, by law, that every child of sufficient mental and physical ability, shall attend the public school, during the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means. 12. University regents election. There shall be elected by the qualified electors of the state, at the first general election under this constitution, six regents of the university, who shall immediately after their elec- tion be so classified, by lot, that two shall hold their office for the term of two years, two for four years, and two for six years; and every two years after the first election there shall be elected two regents of the university, whose term of office shall be six years. The regents thus elected, and their successors, shall con- stitute a body corporate, to be known by the name and style of "f he Kegents of the University of Colorado." 13. Regents elect president powers. The regents of the university shall, at their first meeting, or as soon thereafter as practicable, elect a president of the univer- sity, who shall hold his office until removed by the board of regents for cause; he shall be ex officio a member of the board, with the privilege of speaking, but not of voting, except in cases of a tie ; he shall preside at the meetings of the board, and be the principal executive officer of the university, and a member of the faculty thereof. 14. Regents control university funds. The board of regents shall have the general supervision of the university, and the exclusive control and direction of all funds of, and appropriations to the university. 15. School districts board of education. The general assembly shall, by law, proA ? ide for organization of school districts of convenient size, in each of which shall be THE STATE OF COLORADO. 11 established a board of education, to consist of three or more directors, to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public- schools of their respective districts. 16. Text books general assembly nor board shall prescribe. Neither the general assembly nor the state board of educa- tion shall have power to prescribe text books to be used in the public schools. ARTICLE X. i REVENUE. 5. Exemption lots buildings for worship schools. Lots, with the buildings thereon, if said buildings are used solely and exclusively for religious worship, for schools, or for strictly charitable purposes, also cemeteries not used or held for private or corporate profit, shall be exempt from taxation, unless otherwise provided by general law. 10. Corporations subject to tax. All corporations in the state, or doing business therein, shall be subject to taxation for state, county, school, municipal and other purposes, on the real and personal property owned or used by them within the territorial limits of the authority levying the tax. 13. Making profit on public money felony. The making of profit, directly or indirectly, out. of state, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. ARTICLE XL PUBLIC INDEBTEDNESS. 1. Lending or pledging credit of state, county, city, etc., forbidden. Neither Hie slate, nor any county, city, town, township or school district, shall lend or pledge the credit or faith thereof, directly or indirectly, in any manner to or in aid of, any person. 12 SCHOOL LAWS OF company or corporation, public or private, for any amount or for any purpose whatever, or become responsible for any debt, con- tract or liability of any person, company or corporation, public or private, in or out of the state. 2. Aid to corporations interest in by state, county, city joint owner- ship. Neither the state nor any county, city, town, township or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in, any corporation or company, or a joint owner with any person, company or corpora- tion, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat or by for- feiture, by operation or provision of law; and except as to such ownership as may accrue to the state, or to any county, city, town, township or school district, or to either or any of them, jointly with any person, company or corporation, by forfeiture or sale of real estate for non-payment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties or forfeiture of recogni- zance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested. 7. Loans for school buildings vote qualification. No debt by loan in any form shall be contracted by any school district for the purpose of erecting and furnishing school buildings, or purchasing grounds, unless the proposition to create such debt shall first be submitted to such qualified elec- tors of the district as shall have paid a school tax therein, in the year next preceding such election, and a majority of those voting thereon shall vote in favor of incurring such debt 9. This article not affect prior obligations. Nothing contained in this article shall be so construed as to either impair or add to the obligation of any debt heretofore contracted by any county, city, town, or school district, in accordance with the laws of Colorado territory, or prevent the contracting of any debt, or the issuing of bonds therefor, in accordance with said laws, upon any proposition for that pur- pose which may have been, according to said laws, submitted to a vote of the qualified electors of any county, city, town or school district, before the day on which this constitution takes effect. THE STATE OF COLORADO. 13 ARTICLE X1L OFFICERS. 8. Civil officers oath. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he is about to enter. 9. Oaths, where filed with whom. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected. 10. Refusal to qualify vacancy. If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant. 11. Vacancy term of officer elected to fill. The term of office of any officer elected to fill a vacancy shall terminate at the expiration of the term during which the vacancy occurred. ARTICLE XIV. COUNTIES. 8. Clerk and recorder sheriff, coroner, treasurer, etc. election. There shall be elected in each county at the same time at which members of the general assembly are elected, commenc- ing in the year nineteen hundred and four, one county clerk, who shall be ex offlcio recorder of deeds and clerk of the board of county commissioners; one sheriff; one coroner; one treas- urer, who shall be collector of taxes; one county superintendent of schools; one county surveyor; one county assessor; and one county attorney, who may be elected, or appointed, as shall be provided by law; and such officers shall be paid such salary or 14 SCHOOL LAWS OF compensation, either from the fees, perquisites and emoluments of their respective offices, or from the general county fund, as may be provided by law. The term of office of all such officials that expire in January, 1904, is hereby extended to the second Tuesday in January, A. D. 1905. 9. Vacancies appointments governor county commissioners. In case of a vacancy occurring in the office of county com- missioner, the governor shall fill the same by appointment; and in the case of a vacancy in any other county office, or in any precinct office, the board of county commissioners shall fill the same by appointment; and the person appointed shall hold the office until the next general election, or until the vacancy be filled by election according to law. 10. Elector only eligible. No person shall be eligible to any county office unless he be a qualified elector; nor unless he shall have resided in the county one year preceding his election. 15. Classifying counties as to fees. For the purpose of providing for and regulating the com- pensation of county and precinct officers the general assembly shall by law classify the several counties of the state according to population, and shall grade and fix the compensation of the officers within the respective classes according to the population thereof. Such law shall establish scales of fees to be charged and collected by such of the county and precinct officers as may be designated therein for services to be performed by them respectively; and where salaries are provided, the same shall be payable only out of the fees actually collected in all cases where fees are prescribed. All fees, perquisites and emolu- ments above the amount of such, salaries shall be paid into the county treasury. COMPULSORY EDUCATION. 530. Education of children hearing on application for exemptions ap- peals. That in all school districts of this state, all parents, guardians and other persons having care of children shall instruct them, or cause them to be instructed, in reading, writ- ing, spelling, English grammar, geography and arithmetic. In such districts, every parent, guardian or other person having charge of any child between the ages of eight (8) and sixteen THE STATE OF COLORADO. 15 10) years, shall send such child to a public, private or parochial school for the* entire school year during which the public schools are in session in such districts; Provided, hoivever, That this act shall not apply to children over fourteen (14) years of age where such child shall have completed the eighth grade, or may be eligible to enter any high school in such district, or where its help is necessary for its own or its parents' support, or where for good cause shown it would be for the best inter- ests of such child to be relieved from the provisions of this act; Provided, further. That if such child is being sufficiently in- structed at home by a person qualified, such child shall not be subject to the provisions of this act; And provided, further, That if a reputable physician within the district shall certify in writing that the child's bodily or mental condition does not permit its attendance at school, such child shall be exempt during such period of disability from the requirements of this act. It shall be the duty of the superintendent of the school district, if there be such superintendent, and, if not, then the county superintendent of schools, to hear and determine all applications of children desiring for any of the causes men- tioned herein to be exempted from the provisions of this act, md if upon such application such superintendent hearing the same shall be of the opinion that such child is for any reason entitled to be exempted as aforesaid, then such superintendent shall issue. a written permit to such child, stating therein his reasons for such exemption. An appeal may be taken from the decision of such superintendent so passing upon such appli- < at ion to the county court of the county in which such district lies, upon such child making such application and filing the saui" with the clerk or judge of said court within ten days after its refusal by such superintendent, for which no fee to exceed the sum of one dollar shall be charged, and the decision of the county court shall be final. An application for release from the provisions of this act shall not be renewed oftener than once in three months. 531. Employment of children under the age of fourteen. No child under the age of 14 years shall be employed by any person, persons, company or corporations during flie school term and while the public schools are in session, unless the parent, guardian or person in charge of such child shall have fully complied with section one of this act. Every such employer shall require proof of such compliance, and shall make and keep a written record of the proof given, which shall be subject to the inspe< tion of the truant officer, superintendent 16 SCHOOL LAWS OF of schools, or any school director of the district. Any employer employing any child contrary to the provisions of this section, shall be fined not less than twenty-five nor more than one hun- dred dollars. [Section 1 referred to is section 530.] 532. Illiterate children between the ages of fourteen and sixteen attend school. All minors over the age of 14 years and under the age of 16 years who can not read and write the English lan- guage, shall attend school at least one-half day of each day, or attend a public night school, or take regular private instruc- tion from some person qualified, in the opinion of the county superintendent of schools, in which such district or the greater portion of the same lies, until such minor obtains a certificate from such superintendent that he or she can read at sight and write legibly, simple sentences in English. Every employer employing or having in employment any such minor shall exact as a condition of employment the school attendance or instruction required by this section, and shall on request of the truant officer, furnish the evidence that such minor is com- plying with the requirements of this section. Every employer failing to comply with the requirements of this section as to any minor employed by him or in his employ, shall be fined not less than twenty-five dollars, and not more than one hundred dollars; Provided, That any employer with the approval or consent of the county superintendent of schools may make provision for the private instruction of minors in his employ. 533. Juvenile disorderly person. Every child within the provisions of this act who does not attend school, as provided in section 1 of this act, or who is in attendance at any public, private or parochial school, and is vicious, incorrigible or immoral in conduct, or who is an habitual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment, or who habitually wanders about the streets in the night time, having no employment or lawful occupation, shall be deemed a juvenile disorderly per- son, and be subject to the provisions of this act. [Section 1 referred to is section 530.] 534. Truant officer compensation powers duties. To aid in the enforcement of this act, the board of school directors in districts of the first and second class shall THE STATE OF COLORADO. 17 have power, and it shall be their duty, to appoint one or more truant officers whose compensation shall be fixed by the board appointing him. The truant officer shall be vested with police powers, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, in the way of investigation or otherwise, to enforce this act. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation who shall violate any of the. provisions of this act, and shall otherwise discharge the provisions of this act and perform such other services as the county superintendent of schools or the board of directors of the school district may deem necessary to pre- serve the morals and secure the good conduct of school chil dren, and to enforce this act. The truant officer shall keep a record of his transactions for the inspection of the county superintendent of schools and of the directors of the school district, and suitable blanks shall be provided for his use by the secretary of the school district. 535. Truant officer warn guardian of truancy failure of guardian to com- pel attendance penalty. The truant officer shall examine into any case of truancy within his district, and shall warn the parent, guardian, or others in charge of the child of the final consequence of truancy if persisted in. When any child between the ages of eight and fourteen years, or any child between the ages of fourteen and sixteen years, who can not read and write the English language, or is not engaged in some regular employ- ment, or any child between the age of fourteen years and six- teen years who has been discharged from employment to obtain instruction or schooling, is not attending school without lawful excuse and in violation of the provisions of this act, the truant officer shall notify the parent, guardian, or other person in charge, of the fact, and require such person to cause the child TO attend some recognized school within five days from the date of the notice, and it shall be the duty of such person so to cause its attendance at some recognized school. Upon fail- ure to do so, the truant officer shall make complaint in the county court of the county in which such child lives, against the parent, guardian or other person having such child in charge, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor more than twenty dollars, or the court may, in its discretion, require the person so convicted to give a bond in the penal sum of $100, with sureties to the approval of the judge of such 18 SCHOOL LAWS OF court, conditioned that he or she will cause the child under his or her care to attend some recognized school within five days thereafter, and to remain at school during the term prescribed by law. And upon the failure or refusal of the parent, guardian or other person to pay such fine or furnish such bond accord ing to the order of the court, the said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. For violation of the bond, suit may be brought in any court of competent jurisdiction, in the name of the school district, and the amount recovered shall go to the school fund of the district. If the parent, guardian or other person shall prove his inability to cause the child to attend a recognized school, it shall be a defense, but the child shall be deemed a juvenile disorderly person within the mean- ing of section 4 of this act. [Section 4 referred to is section 533.] 536. Commitment of juvenile disorderly person discharge. Whenever a child shall be a juvenile disorderly person within the meaning of this act, the truant officer, or any school teacher, or other reputable person, may make complaint in the county court of the county in which such child resides. The county court shall hear and determine such complaint, and if it is determined that such child is a juvenile disorderly per- son within the meaning of this act, he or she shall be com- mitted to a children's home, if eligible, or to the boys' indus- trial school or to the girls' industrial school, or to some other training school, taking into account the years of the child with reference to the institution selected. Any child committed to a children's home, on its being shown to the judge of said court that it is incorrigible and vicious, may be transferred to the industrial school or other proper institution. No child committed to any reformatory shall be detained beyond its majority, and may be discharged sooner or be paroled by the trustees or board of control under rules and restrictions appli- cable to other inmates. Any order of commitment may be suspended by the judge of the county court during such time as the child may regularly attend school and properly conduct itself. The expense of the transportation of the child to the juvenile reformatory, and of the costs of the case in which the order of commitment is made, shall be paid by the county from which the child is committed. 537. Truant officer report to charity authorities child unable to attend school. When any truant officer is satisfied that any child within the requirements of this act is unable to attend THE STATE OF COLORADO. 19 school because required to work at home or elsewhere iu order to support itself or help or support others legally entitled to its services, the truant officer shall report the case to the authorities charged with the relief of the poor, who shall there- upon afford such relief as will enable the child to attend school; Provided, That such child shall not be required to attend more than three hours a day during school days: In case the child or its parents or guardians neglect or refuse to take advantage of such provision made for its instruction, such child may be committed to a children's home or juvenile reformatory, as hereinbefore provided. 538. Fine for violation of act. Any person who violates any provision of this act, for which a penalty is not herein provided, shall be fined not more than fifty dollars. [This act comprises sections 530 to 540.] 539. Penalty for second violation. Every person who, after having been convicted once of violating any of . the provisions of this act, shall be con- victed a second time of a similar offense, may, in addition to the punishment by way of fine elsewhere provided for, be im- prisoned not less than 10 days nor more than 30 days; Provided, That in all cases arising under this act in which a fine or imprisonment may be a part of the judgment, trial shall be by M jury if not waived. 540. When act does not apply. This shall not apply to school districts in which there are not sufficient accommodations in the public schools to seat children compelled to attend under the provisions of this act. 541. Unlawful to employ child during school hours except. That it shall be unlawful for any person, persons or corporation to employ any child under the age of fourteen years to" labor in any business whatever during the school hours of any school day of the school term of the public school, in the school disfrict where such child is, unless such child shall have attended some public or private day school where instruc- tion was given by a teacher- qualified to instruct in those branches required to be taught in the public schools of the state of Colorado, or shall have been regularly instructed at home in 20 SCHOOL LAWS OF such branches, by some person qualified to instruct in the same, at least twelve weeks in each year, eight weeks at least of which shall be consecutive, and shall, at the time of such employment, deliver to the employer a certificate in writing, signed by the teacher, certifying to such attendance or instruc- tion; and any person, persons or corporation who shall employ any child contrary to the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than twenty-five (25) dollars nor more than fifty (50) dollars, and all fines so collected shall be paid into the county treasury, and placed to the credit of the school district in which the offense occurs. 542. Guardian required to send child to school when child to be clothed by school board. Every parent or guardian, or other person in the state of Colorado, having control of any child or children between the ages of eight (8) and fourteen (14) shall be required to send such child or children to a public school, or private school taught by a competent instructor, for a period of at least twelve (12) weeks in each year, at least eight weeks of which time shall be consecutive, unless such child or children are excused from such attendance by the board of the school district in which such parent, guardian or person having con- trol resides, upon its being shown to their satisfaction that such child's bodily or mental condition has been such as to prevent attendance at school, or application to study for the period required; Provided, That if such parent or guardian is not able, by reason of poverty, to properly clothe any such child, it shall be the duty of the school board of the proper district, upon the fact being shown to their satisfaction, to furnish the necessary clothing and pay for the same out of the school fund of such district, by warrant drawn as in other cases, or that such child or children are taught at home in such branches as are usually taught in the public schools, subject to the same examination as other pupils of the district in which the child resides; or that there is no school taught within two miles bv the nearest traveled road. 543. Failure of guardian to compel attendance penalty. * Any parent, guardian or other person failing to comply with the provisions of section two of this act shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than five nor more than twenty-five dollars THE STATE OF COLORADO. 21 for each offense; and all fines so collected shall be paid into the county treasury and placed to the credit of the school dis- trict in which the offense occurs. [Section 2 referred to is section 542.] 544. Penalty for failure of school director to prosecute cases of neglect. It shall be the duty of any school director of the dis- trict to inquire into all cases of neglect of the duty pre- scribed in this act, and ascertain from the person neglecting, the reason, if any, therefor; and he shall forthwith proceed to secure the prosecution of any offense occurring under this act; and any director neglecting to secure such prosecution for such offense, within ten days after a written notice has been served on him by any tax-payer in said district, unless the person so complained of shall be excused by the district board of education for the reasons hereinbefore stated, shall, upon conviction, be deemed guilty of a misdemeanor, and fined in a sum not less than ten nor more than fifty dollars; and such fine, when collected, shall be paid into the county treasury and placed to the credit of the school district in which the offense occurs. All actions for offenses committed under this act shall be prosecuted for and in the name of the state of Colorado. 545. Malicious prosecution. That upon the trial of any offense as charged herein, before any court of competent jurisdiction, if it shall be determined that such prosecution was malicious, then the costs in such case shall be adjudged against the complainant and collected as fines in other cases. 546. Attendance at night school. Two weeks' attendance, at half time or night school, shall be considered within the meaning of the article equivalent to an attendance of one week at a day school. 547. Children under fourteen years of age not to be employed. That any person who shall take, receive, hire or employ, any children under fourteen years of age in any under- ground works or mine, or in any smelter, mill or factory, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or court of record, shall be fined not less than ten dollars nor more than fifty dollars for each offense; Provided, That a jury on the trial of any such case before a justice of the peace shall be called and empanelled, as in the case of assault and battery, and that the jury in such cases shall designate the amount of the fine in their verdict. 22 SCHOOL LAWS OF 548. Arrest of person violating act. That whenever any person shall before a justice of the peace make oath, or affirm that the affiant believes that this act has been or is being violated, naming the person charged with such violation, such justice shall forthwith issue a warrant to a constable, or other authorized officer, and such officer shall arrest the person or persons so charged, and bring him or them before the justice issuing such warrant, for a hear- ing. And it shall be the duty of all constables and policemen to aid in the enforcement of this act. 549. Penalty. That in default of the payment of the fine or pen- alty imposed under any of the provisions of this act, it shall be lawful for any justice of the peace, or court of record before whom any person may be convicted of a violation of any of the provisions of this act, to commit such person to the county jail, there to remain for not less than twenty days nor more than ninety days. [This act comprises sections 547-549.] . 550. Unlawful to exhibit children under age of fourteen. It shall be unlawful for any person having the care, custody or control of any child under the age of fourteen years, to exhibit, use or employ as an actor or performer in any concert hall or room where intoxicating liquors are sold or given away, or in any variety theatre, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatso- ever, or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage such child to engage therein. Noth- ing in this section contained shall apply to or affect the employ- ment or use of any such child as a singer or musician in any church, school or academy, or at any respectable entertain- ment, or the teaching or learning the science or practice of music. 551. Unlawful to hire child for exhibition. It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit or have in custody any child under the age and for the purpose prohibited in the first section of this act. [Penalty for violation of above two sections, section 603.] [Section 1 referred to is section 550.] THE STATE OF COLORADO. 23 DELINQUENT CHILDREN. 586. Definition of terms Application of act Evidence. This act shall apply only to children sixteen (16) rears of age or under, not inmates of a state institution, or any institution incorporated under the laws of the state for the care and correc- tion of delinquent children. The words "Delinquent Child" shall include any child sixteen (16) years of age or under such age who violates any law of this state or any city or village ordinance; or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-repute, or who knowingly patronizes or visits any policy shop or place where any gaming device is, or shall be, operated; or who patronizes or visits any saloon or dram shop where intoxicating liquors are sold ; or who patronizes or visits any public pool room or bucket shop ; or who wanders about the streets in the night time without being on any lawful business or occupation; or who habitually wanders about any railroad yards or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority; or who habitually uses vile, obscene, vulgar, profane or indecent language, or is guilty of immoral conduct in any public place or about any school house. Any child committing any of the acts herein mentioned shall be deemed a juvenile de- linquent person, and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this act, or any evidence given in such cause, shall not in any civil, criminal or other cause or proceeding whatever in any court be lawful or proper evidence against such child for any purpose whatever, excepting in subsequent cases against the same child under this act. The word "Child" or "Children" may mean one or more children, or the word "Parent" or "Parents" may mean one or both paronls when consistent with Ihe intent of this act. 603. Penalty. Any person who shall .be convicted of violating any of the provisions of the preceding sections of this act, shall be fined not exceding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or both, in the discretion of the court; and upon conviction for a second or any subsequent ollVnse, shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not exceeding six months. 24 SCHOOL LAWS OF COUNTY GOVERNMENT. 1326. When school orders shall be paid advertisement. It shall be the duty of the county treasurer of each county in this state, when there are sufficient funds to the credit of any school district, or to the credit of any school fund of any such district, to pay in full the principal and interest of any orders which may be on such fund, in the order of their registra- tion, and if at any time there shall be two hundred dollars in the hands of such treasurer, to the credit of any such fund, it shall be his duty to cause to be published in some newspaper published at the county seat of such county, for twenty days, a notice that certain school orders (describing same by numbers and amounts) will be paid upon presentation, and at the expira- tion of said twenty days' advertisement, such orders shall cease to bear interest. 1359. When office becomes vacant. Every county office shall become vacant, on the happening of either of the following events, before the expiration of the term of office : First The death of the incumbent. Second His resignation. Third His removal. Fourth His ceasing to be an inhabitant of the county for which he was elected or appointed. Fifth His conviction of any infamous crime, or any offense involving a violation of his official oath. Sixth His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath and bond within the time prescribed by law. Seventh The decision of a competent tribunal, declaring void his election or apointment. CRIMES. 1661. Hazing unlawful. It shall .be unlawful of any person to engage in any of those practices commonly called "Hazing" or in any acts of torturing, tormenting, or in any way maltreating a fellow inmate, employe or student. 1662. Punishment for hazing. Any person found guilty of the violation of the provisions of the first section of this act shall be deemed guilty of a mis- THE STATE OF COLORADO. 25 demeanor and shall upon conviction be fined not less than five nor more than fifty dollars. 1663. Punishment for hazing in educational institutions. Any officer, teacher, or student connected with any of the state institutions of this state who shall be found guilty of violating the provisions of this act, shall, if a teacher or employe, be dismissed from the further service of such state institution, and if a student, his conviction shall work expulsion from the state institution he may be attending, in perpetuum. f 1820. Other officers shall not deal in warrants penalty. It shall be unlawful for any county, city, town or school district officer in this state to buy, purchase, trade in or acquire, either directly or indirectly, any county, city, town or school district warrant, or any other evidences of county, city, town or school district indebtedness of the county of which he is such officer at the time. Any violation of the provisions of this act shall be adjudged a misdemeanor and punished in the discretion of the court by a fine and not exceeding five hundred (500) dollars, or imprisonment in the county jail for a period of not more than thirty (30) days. 1821. Officer shall not use public funds for private purposes penalty. If any officer appointed or elected by virtue of the con- stitution of this state, or any law thereof, as an officer, agent or servant of an incorporated city, town, municipal township, school district, or county, or other subdivision of this state, shall convert to his own use in any way whatever, or shall use, by way of investment in any kind of property or merchandise, or shall make way with or secrete any portion of the public funds or moneys, or any valuable securities by him received for safe keeping, disbursement, transfer, or for any other purpose, or which may be in his possession or over which he may have the supervision, care or control, by virtue of his office, agency or service, or under color or pretense thereof, every such officer, agent or servant shall, upon conviction, be punished by impris- onment not less than five (5) years. 1822. Officers shall not loan public money penalty. No such officer, agent or servant shall loan out, with or without interest, any money or valuable security received by him, or which may be in his possession or keeping, or care or control, by virtue of his office, agency or service, or under color or pretense thereof, and any such officer, agent or servant, so loaning such money or valuable security, on conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year, or by a fine not less than five hundred (500) dollars. 26 SCHOOL LAWS OP 1823. No officer to derive benefit from contract. If any such officer, agent or servant shall make any contract or agreement with any person or persons, body or bodies corporate, or other association, by which such officer, agent or servant is to derive any benefit or advantage, directly or indirectly, from the deposit with such person or persons, body or bodies corporate, or other association, of any moneys or valu- able securities held by such officers, agents or servants, by virtue of his office, agency or employment, such contract shall, as to such officer, agent or servant, be utterly null and void; but the person or persons, body or bodies corporate, or other association, shall be liable to the county, city, town, township or school dis- trict where funds are deposited, in an action for the recovery of all such benefits or advantage as would, by the terms of such contracts or agreement, have accrued to such officer, agent or servant; and payment to the officer, agent or servant shall not protect the person or persons, body or bodies corporate, or other association, against an action of recovery brought by the county, city, town, township or school district whose funds are so deposited. 1824. Penalty for officer making unlawful contract. Any such officer, agent or servant who shall make any such contract or agreement as described in the last section of this act, or who shall receive any benefit or advantage, directly or indirectly, from the deposit of any money or valuable security held by him as such officer, agent or servant, or over which he has control, care or supervision, by virtue of his office, agency or service, shall, upon conviction thereof, be punished by im- prisonment in the penitentiary aot less than one year or by fine not less than five hundred (500) dollars. 1825. Refusing to pay warrant or to accept same for taxes penalty. Any state or county treasurer, who, upon presenta- tion of any auditor's warrant, state warrant, county order or other like evidence of indebtedness, for payment, shall refuse payment thereof, there being then in such treasury sufficient funds appropriated by law for the payment of such warrant, order or other like indebtedness, or wherefrom by law, payment thereof ought to be made; and any county treasurer or collector of taxes, who upon presentation of any auditor's warrant, county order or other like certificate or evidence of indebtedness in payment of any taxes which may by law be paid therein, shall refuse to receive such order, warrant or certificate in payment of such taxes, every such .officer so offending shall be liable to indictment, and upon conviction shall be fined in any sum not THE STATE OF COLORADO. 27 exceeding live hundred dollars. This section shall extend to the deputies of every such treasurer and collector of taxes. 1826. Penalty for failure to call warrants. Whenever the treasurer of the state or any county. rity, town or school district shall have in his hands any moneys, applicable to the payment of any state, city, town, county or school district warrant, and shall fail or neglect for thirty days to publish a call as provided by law for the presentation and payment of warrants, he shall be deemed guilty of a misdemeanor and, upon conviction, shall be liable to a fine not less than ten nor more than three hundred dollars. ELECTIONS. 2146. Qualifications of voter. Every person over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elec- tions: / irst He shall be a citizen of the United States. Second He shall have resided in this state one year imme- diately preceding the election at which he offers to vote; in the county ninety days; in the city or town thirty days, and in the ward or precinct ten days. FEES AND SALARIES. 2575. Classification of Counties to Regulate Salaries. For the purpose of regulating the amount of compensation ,of county superintendents of schools, the counties of the state are divided into seven classes as follows : The City and County of Denver, El Paso and Las Animas Counties shall be the first class; Pueblo, Weld, Boulder, Fre- mont and Teller Counties shall be the second class; Conejos, Delta, Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Mont- rose and Otero Counties shall be the third class; Chaffee, Clear Creek, Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio Grande, Pitkin, Park, Prowers and Saguache Coun- ties shall be the fourth class; Bent, Custer, Cheyenne, Kit Car- son, Logan, Montezuma, Morgan, Routt, San Miguel and Yuma Counties shall bo the fifth Hass; Archuletn, Barn, Costilla, Grand, Kiowa, Lincoln, Mineral. Phillips, Rio Blanco, San Juan, Sedg- wiok. Summit and Washington shall be the sixth class; Dolores 28 SCHOOL LAWS OF and Hinsdale shall be the seventh class. County Superintend- ents of schools shall receive the following compensation, to be paid quarterly out of the county treasury, to wit: In counties of the first class, an annual salary of twenty-eight hundred dol- lars ($2,800.00) ; in counties of the second class an annual salary of two thousand dollars ($2,000.00) ; in counties of the third class, an annual salary of twelve hundred dollars ($1,200.00) ; in counties of the fourth class, an annual salary of eleven hun- dred dollars ($1,100.00) ; in counties of the fifth class, an annual salary of eight hundred dollars ($800.00) ; in counties of the sixth class, an annual salary of five hundred dollars ($500.00) ; in counties of the seventh class, an annual salary of one hun- dred dollars ($100. QO) ; in all but first and second class counties, boards of county commissioners may allow mileage not to exceed ten cents (lOc) per mile for distance necessarily and actually traveled in the performance of duty, not to exceed an aggregate of three hundred dollars ($300.00) per annum in any county. 2580. Deputies and assistants compensation. Deputies and assistants may be employed by the * * * county superintendents of schools * * * (who shall be paid out of the county treasury), the compensation and time of service to be fixed by the board, the selection of said deputies and employes to be made by the officer authorized to employ them; Provided, That the provisions of this section relating to the county superintendents of schools shall apply only in counties of the first class. FLAGS. 2597. Unlawful to display any but flag of United States exception. It shall be unlawful to display any flag upon any state, county or municipal buildings in this state, except the flags of the United States. Provided, however, That whenever any foreigner shall become the guest of the United States, or of the state of Colorado, or of any city of this state, or upon the occasion of the visit of any foreign minister, envoy or ambassador in his official or representative capacity, the flag of the country of which such person shall be a citizen may be displayed upon such public buildings; and it shall be unlawful to display the flag of any anarchistic society upon any public or private build- ing or in any street procession or parade within the state of Colorado. THE STATE OF COLORADO. 29 2598. Penalty for violation of preceding section. Any violation of this act is hereby declared a misdemeanor and shall be punished by a fine of not less than fifty nor more than five hundred dollars. [See sections 5829 to 5833.] HOLIDAYS. 2940. Holidays effect on negotiable instruments and return days when holiday falls on Sunday. That the following days, viz.: The first day of Jan- uary, commonly called New Year's day; the twelfth day of February, known as the birthday of Abraham Lincoln; the twenty-second day of February, commonly called Washington's birthday; the thirtieth day of May, commonly called Decoration day; the fourth day of July; the twenty-fifth day of December, commonly called Christmas day; and any day appointed or rec- ommended by the governor of this state or the president of the United States, as a day of fasting and prayer or thanksgiving, shall for all purposes whatsoever, as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, drafts, bank checks, promis- sory notes, or other negotiable instruments, also for the holding of courts, be treated and considered as is the first day of the week, commonly called Sunday; Provided, That in case any of the said holidays, or any other legal holiday heretofore or here- after designated, shall fall upon a Sunday, then the Monday following shall be considered as the said holiday, and all notes, bills, drafts, checks or other negotiable instruments falling due or maturing on either of said days, shall be deemed to be payable on the next succeeding business day; and in case the return or adjourned day in any suit, matter or hearing before any court shall come on any day before mentioned, such suit, matter or proceeding, commenced or adjourned as aforesaid, shall not, by reason of coming on any such day, abate, but the same shall stand continued to the next succeeding day, at the same time and place, unless the next day shall be the first day of the week, when in such case the same shall stand continued to the day next succeeding, secular or business day, at the same time and place; Provided, further, Nothing in this act shall prevent the issuing or serving of process on any of the days above mentioned, or on Sunday. 2942. Arbor day tree planting. The third Friday in April of each year shall be set apart and known as "Arbor Day," to be observed by the people 30 SCHOOL LAWS OP of this state in the planting of forest trees, for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of the day so established; Provided, That the actual planting of trees may be done on the day desig- nated, or at such other most convenient time as may best conform to local climatic conditions, such other time to be designated, and due notice thereof given, by the several county superintend- ents of schools for their respective counties. 2943. A holiday in public schools. The day, as above designated, shall be a holiday in all public schools of the state, and school officers and teachers are required to have the schools under their respective charge observe the day by planting of trees, or other appropriate exercises. 2944. Governor shall issue proclamation. Annually, at the proper season, the governor shall issue a proclamation, calling the attention of the people to the provisions of this act, and recommending and enjoining its due observance. The superintendent of public instruction, and the respective county superintendents of schools, shall also promote, by all proper means, the observance of the day; and the said county superintendents of schools shall make annual reports to the state forest commissioner of the action taken in this behalf in their respective counties. 2945. Colorado day. That the first day of August of the year 1907, and the first day of August of each and every year hereafter is hereby made a public holiday to be known as "Colorado Day," and such day is hereby set apart for a proper celebration by our people in commemoration of the admission of the state of Colorado into the union. 2946. Same, if day designated falls on Sunday. That whenever the first day of August falls upon Sunday, the following Monday is hereby designated as the day for cele- brating such event. Provided That this act shall not be construed to affect the making or execution of agreements or instruments in writing, or to interfere with judicial proceedings. THE STATE OF COLORADO. 31 2947. Labor day. The first Monday in September of the present. year of our Lord, and each year thereafter, is hereby declared a public holi- day, to be known as "Labor Day," and the same shall be recog- nized, classed and treated as other holidays under the laws of this state. 2948. Columbus day. The 12th day of October of the present year of our Lord, 1907, and the 12th day of October of each year thereafter is hereby declared a public holiday, to be known as "Columbus Day," and the same shall be recognized, classed and treated as other legal holidays under the laws of this state; Provided, That this act shall not be construed to ajfect commercial paper, the making or execution of agreements or instruments in writing, or interfere with judicial proceedings. 2949. Election day in November. Election day in November of each year is hereby made a legal* holiday. JUSTICES AND CONSTABLES. 3874. Justice report quarterly to county commissioners. Every justice of the peace or other magistrate by whom any fine or penalty has been imposed which under the statute should be paid into the general school fund, shall at the next regular quarterly meeting of the board of county com- missioners submit an itemized report showing date of trial, title of case, nature of offense* and amount of fine, giving amounts collected, amounts uncollected and accompanying said report with receipts from the county treasurer for amounts so collected and paid over to him. 3875. County treasurer report fines paid. The county treasurer, at the time of rendering to the county superintendent of schools his quarterly certificate of taxes collected (as provided in section sixty-six (66) of chap ter XCVII, being general section three thousand and sixty one (3061) of the General Statutes of the state of Colorado) shall show separately in said certified statement the amounts received from fines and by whom paid in. [Section 3061 referred to is section 5S99.] [For fines, penalties and forfeitures, which are paid into school fund, see sections 50. 423. 440. 535. 961, 1004. 1352. 1362. 1794. 1877. 2384. 32 tf. 4/>r>. 4701. 4710. 4820. 5510, 6369, 6380. 0422, 6895, and 7012. Revised Statutes 1908.1 32 SCHOOL LAWS OF MUTE AND BLIND. 4313. Institute located at Colorado Springs. There shall be permanently maintained at the city of Colo- rado Springs, in the county of El Paso, an institution for the support and education of the mute and blind residing within the state of Colorado. 4334. Who may be admitted report of county superintendent of schools. Every blind, deaf or mute citizen of the state of Colo- rado, of sound mind, over six (6) and under twenty-one (21) years of age, shall be entitled to receive an education in said institute at the expense of the state. All applicants above the age of twenty-one (21) years may be admitted at the option of the board. Each county superintendent of common schools shall report on the first day of June in each year to the super- intendent of the school for the education of the deaf and the blind, the name, age and postoffice address of every blind or deaf person of suitable age, for admission to said school, resid- ing in this county, including all such persons as may be too deaf or blind to acquire an education in the common schools. Applicants for admission to said school from other states, if within the ages prescribed by this section, may be admitted upon payment of such a sum quarterly, as the board of trustees of said school may determine. [See also section 5939.] PUBLIC CONTRACTS. 4994. No officer letting contract shall have interest therein. Whenever any officer of this state or of any county, city, town, or school district therein, shall be charged with the duty of making any contract for, or on behalf of this state, or of any county, city, town, or school district therein, shall be obliged to pay any sum of money to any person whom- soever, and whenever any such officer, as a member of any board of auditors, commissioners, or directors, or otherwise, shall have any vote or voice in awarding any such contract, it shall not be lawful for any such officer to become in any manner bound for the fulfillment of such contract, or to take or receive any part or portion of the money specified in such contract, or to be in any way, manner or degree interested in such con- tract, excepting in his official representative capacity. 4995. Penalty for violation of this act. Whosoever shall offend against the provisions of this act shall be imprisoned not exceeding six months, and fined not exceeding two thousand dollars, and shall be removed from office. THE STATE OF COLORADO. 33 PUBLIC HEALTH. 5010. Powers and duties. The state board of health shall * * * from time to time recommend standard works on the subject of hygiene for the use of schools of the state. STATE BOARD OF EDUCATION. 5866. Who constitute state board. The superintendent of public instruction, the secretary of state and attorney -general shall constitute a state board of edu- cation, of which the superintendent of public instruction shall be president. 5867. Meetings of board rules and regulations. The state board of education shall meet at the state capitol on the last Saturday in December, in each year, and at such other times and places as may by them be deemed necessary, and shall have power to adopt any rules and regulations not in- consistent with law, for its own government, and for the govern- ment of the public schools. 5868. Board may grant state diplomas effect. The state board of education is hereby authorized to grant state diplomas to such teachers as may be found to possess the requisite scholarship and culture, and who may also exhibit satisfactory evidence of an exceptional moral character and whose eminent professional ability has been established by not less than two years' successful teaching in the public schools of this state. Such diplomas shall supersede the necessity of any and all other examinations of persons holding the same, by county, city, town or local examiners, and shall be valid in any county, city, town or district in the state, for the grade of work indicated unless revoked by the state board of education. 5869. State board of examiners. There is hereby created a state board of examiners which shall consist of a state superintendent of public instruction who shall be president of the board, and eight other persons who shall be appointed by the state board of education in the manner following: Immediately upon the passage of this act the state board of education shall appoint two members of said state board of examiners, one of whom shall be recom- mended to it for that purpose by the president of the State Agricultural College, and both of whom shall be citizens of Colorado, actively engaged in educational work, and who are not members of the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines, or the State Normal School, which said members shall hold 34 SCHOOL LAWS OP office until the first day of May, A. D. 1910, and whose respective successors shall in like manner be appointed to hold office for successive terms of four years thereafter. And the State board of education shall also in like manner appoint two members of said state board of examiners, one of whom shall be recommended to it for that purpose by the president of the University of Colorado, and both of whom shall be citizens of Colorado, actively engaged in educational work, and who are not members of the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. I). 1911, and whose respective successors shall in like manner be appointed to hold office for successive terms of four years thereafter. And the state board of education shall also in like manner appoint two members of said state board of examiners, one of whom shall be recommended to it for that purpose by the president of the State School of Mines and both of whom shall be citizens of the state of Colorado, actively engaged in educa- tional work, and who are not members of the faculties of either the State Agricultural College, the University of Colorado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1912, and whose respective successors shall in like manner be appointed to hold office for successive terms of four years thereafter. And the state board of education shall also in like manner appoint two members of said state board of examiners, one of whom shall be recommended to it for that purpose by the president of the State Normal School, and both of whom shall be citizens of the state of Colorado, actively engaged in educa- tional work, and who are not members of the faculties of either the State Agricultural College, the University of Colo- rado, the State School of Mines or the State Normal School, which said members shall hold office until the first day of May, A. D. 1913, and whose respective successors shall in like man- ner be appointed to hold office for successive terms of four years thereafter. [L. '09, p. 369, 370, 1. 5869a. Applicants to be examined. The state board of examiners shall, as often as directed by the state board of education, and at least as often as once a year, and after having given due public notice of the same, examine all applicants for state diplomas in such branches and THE STATE OF COLORADO. 35 upon such terms as in the judgment of the state board of examiners, shall be requisite to prove the applicant's possession of academic and professional attainments, fully equivalent to those set forth in section 4 of this act. [L. '09, p. 370, 2. 5869b. Requirements of applicants. And the state board of education shall grant state diplomas to such persons as shall by virtue of such examina- tion, be found to possess the requisite scholarship and culture, and who shall also exhibit evidence satisfactory to the state board of education, of good moral character. [L. '09, p. 370, 3. 5869c. Diplomas without examination. The state board of education shall issue state diplomas upon aplication, without examination, to applicants who shall be graduates of colleges situated within the state of Colorado, which maintain a standard four-year course of collegiate work and require four standard years of high school work or its equivalent for admission, and who shall also exhibit evidence satisfactory to the state board of education of good moral char- acter, and who shall also present evidence satisfactory to the slate board of education that they have had twenty-four months of successful teaching experience, and who shall also produce evidence satisfactory to the state board of education of profes- sional training equivalent to at least one-sixth of a standard four years' college course and at least three of the following groups of subjects, one of which shall be Practice Teaching, to wit: (1) General and Educational Psychology. (2) History of Education. (3) Science and Principles of Education. (4) Practice Teaching and Special Methods. (5) Organization and Management of Schools. (6) Philosophy, Sociology and Anthropology. [L. '09, p. 371, 4. 5869d. Who need not take examination. The state board of education shall grant state diplomas to all persons who shall be teaching in the public high schools of the state of Colorado at the time of the passage of this act and who shall, within a period of six months thereafter, satisfy the state board of education that they have had forty-five months' successful teaching experience in the public high schools of the state of Colorado. [L. '09, p. 371, 5. 36 SCHOOL LAWS OF 5869e. Diploma for eminent service. The state board of education may, in their discretion, issue state diplomas without examination, to those persons who, in addition to good moral character and scholarly attainments have, in the opinion of the state board of education, rendered eminent service in the educational work of the state for a period of not less than six years. [L. '09, p. 371, 6. 5869f. Diplomas license to teach for five years. State diplomas, granted under the provisions of this act, shall license the holders thereof to teach in the public schools of any county, city, town or district in the state without the necessity of any other examination, for a period of five years unless sooner revoked by the s'tate board of education, and at the expiration of said time, the same may be renewed for a like period of five years in the discretion of the state board of education, and at the expiration of this time, the same may be renewed for life upon presentation to the state board of educa- tion of satisfactory evidence of professional growth and effi- ciency; Provided, That the state board of education shall issue upon application, without examination, to those persons who possess the qualifications set forth in section 4 of this act, experience in teaching alone excepted, a temporary, non- renewable certificate to teach for five years in the public schools of Colorado. [L. '09, p. 371, 372, 7. 5870. Board may revoke diploma. The state board of education may at any time revoke a state diploma, upon satisfactory evidence that the holder thereof has become unworthy the same; Provided, That before revoking any such diploma, the holder thereof shall have at least thirty days' notice to appear before the state board and refute any charges brought against him. STATE SUPERINTENDENT. 5871. Election of state superintendent term. At the general election, to be held in the year of our Lord one thousand eight hundred and seventy-eight, and every two years thereafter, a state superintendent of public instruction shall be elected by the qualified electors of the state, who shall hold office for the term of two vears from the second Tuesdav II I K STATE OF COLORADO. 37 of January next after his election, and until his successor is duly elected and qualified. 5872. Oath and bond of superintendent. Before entering upon his duties he shall take and sub- scribe the oath of office prescribed by the constitution, and shall also execute a bond in the penalty of five thousand dollars, payable to the state of Colorado, with sureties to be approved by the state auditor, conditioned upon the faithful discharge of his official duties, and the delivery to his successor of all books, papers, documents and other property belonging to the office. Said bond and oath shall be deposited with the secre- tary of state. 5873. Powers and duties of superintendent. He shall have an office at the seat of government, where shall be kept an official seal, and all books and papers apper- taining to the business of his office. He shall file all papers, reports, and public documents transmitted to him by the school officers of the several counties, each year separately, and hold the same in readiness to be exhibited to the governor, or to any committee of either house of the general assembly. Copies of all papers filed in his office, and his official acts may be certified by him ; and when so certified, shall be evidence equally and in like manner as the original papers. He shall decide all points touch- ing 1lic construction of the school laws, which may be submitted to him in writing by any school officer, teacher or other person in the state, and his decisions shall be held to be correct and final until set aside by a court of competent jurisdiction, or by sub- sequent legislation; and said decisions, correspondence and in- structions may be communicated through the columns of any regularly published periodical that is devoted to the interest of education. He shall prepare lists of questions for the use of county superintendents at the quarterly examination of teachers, and make such suggestions concerning their use, as shall tend to secure uniform examinations in the different counties; and he may call to his aid, in the preparation of said questions, such assistance as he may deem proper. 5873a. The state superintendent of public instruction shall prepare or cause to be prepared suitable test cards, blanks, record books, and other needful appliances and supplies to be used in testing 38 SCHOOL LAWS OF the sight, hearing and breathing of pupils in the public schools r and the necessary instructions for their use; and shall furnish the same free of expense to every public school in the state. The teacher or principal in every public school, or where there is no principal, the county superintendent, shall, during the first month of each school year, test the sight, hearing and breathing of all pupils under his charge, such examination to be made by observation, without using drugs or instruments, and without coming in contact with said child; and keep a record of such examinations according to the instructions furnished and make a written report of such examinations to the state superintend- ent of public instruction as he may require. [L. '09, p. 490, 1. 5873b. The State Auditor is hereby directed to draw his order for such sums and at such times as the State Superintendent of Public Instruction may require to carry out the provisions of this act. The total expenses under this act shall not exceed one thousand dollars (|1,000.00) in any biennial period ending No- vember 30. [L. '09, p. 491. 5874. Shall furnish blanks cost prepare the laws cost. He shall have a general supervision of all the county super- intendents and of the public schools of the state. He shall prepare, have printed and furnished to teachers and all officers charged with the administration of the laws relating to public schools such blank forms, registers and books as may be neces- sary to the discharge of their duties, but he shall not copyright such forms, nor be directly nor indirectly compensated by reason of the sale thereof. All registers and blank books so furnished for the use of teachers and school officers shall be charged to the respective counties at cost, and the county superintendent of schools shall receipt for and distribute the same among the districts of his county as they may require; and the amount so charged against each county shall be deducted from the amount apportioned to such county at the semi-annual apportionment of the state school fund; and the superintendent of public in- struction shall certify to the state treasurer the aggregate amount of such deductions, and the treasurer shall thereupon transfer said amount from the school fund, subject to apportion- ment, to the general fund. The superintendent of public instruction shall have the laws relating to public schools printed in pamphlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and state libraries with a copy each. Said printing to be paid for out of THE STATE OF COLORADO. 39 the printing fund on warrant of the auditor, on bills approved by the superintendent of public instruction and attested by the secretary of state. 5875. Report of superintendent visitations investigations expenses. He shall, on or before the tenth day of December in every year preceding that in which shall be held a regular session of the general assembly, report to the governor the con- dition of the public schools, the amount of state school fund apportioned, and sources from which derived, with such sug- gestions and recommendations relating to the affairs of his office as he may think proper to communicate. It shall be his duty to visit annually such counties in the state as most need his personal attendance, and all counties, if practicable, for the purpose of inspecting the schools, awakening and guiding public sentiment in relation to the practical interests of education, and diffusing as widely as possible, by public addresses and personal communication 'with school teachers and parents, a knowledge of existing defects and of desirable improvements in the govern- ment and instruction of the schools; and he shall open such correspondence as may enable him to obtain all necessary in- formation relating to the system of public schools in other states; and he shall receive out of the state treasury, for actual neces- sary traveling expenses, and other expenses while traveling on the business of the department, not exceeding five hundred dollars per annum, for which he shall render an itemized bill to the auditor of state, who is hereby authorized to draw his warrant therefor; and all office, fuel, furniture, postage, books, stationery, and other contingent expenses pertaining to his office, shall be furnished in the same manner as those of the other departments of the state government. 5876. May employ assistant librarian salary. He may employ an assistant librarian, who shall have charge of the state library, under such regulations as may be prescribed by the state librarian, or by law. Said assistant shall receive the annual salary of one thousand dollars for his services. COUNTY SUPERINTENDENT. 5877. Election oath bond when term begins. There shall be elected in each county, at the general elec- tion, in the year one thousand eight hundred and seventy- seven, and biennially thereafter, a county superintendent of public schools, who shall take office on the second Tuesday of 40 SCHOOL LAWS OF January next succeeding that in which such election shall be held. He shall hold his office for two years, and until his suc- cessor shall be elected and qualified. Before entering upon the duties of his office he shall take the oath prescribed by the constitution, and execute a bond payable to the people of the state of Colorado, with two or more sureties, to be approved by the board of county commissioners, in penalty of not less than two thousand dollars, to be increased at the discretion of said board, conditioned upon the faithful performance of the duties of his office, and the delivery of all moneys and property as such superintendent to his successors, which bond shall be filed in the office of the county clerk. 5878. Failure to qualify vacancy appointment. Should the superintendent-elect fail to qualify as afore- said, or should there occur a vacancy in said office, the board of county commissioners shall, at their next meeting after such vacancy or failure to qualify occurs, appoint an eligible and suitable person, who shall qualify within ten days after his appointment, and who shall continue in office until the next general election thereafter. Should such appointee fail to qualify as aforesaid, another appointment shall be made in the same manner, until the vacancy shall be filled by appointment or election. 5879. May appoint deputy compensation. If for any cause the superintendent is unable to at- tend to the duties of his office, he may appoint a deputy, who shall take the usual oath or affirmation of office, and who may exercise all the functions of county superintendent, but such deputy shall draw no salary from the public fund; Provided, That the superintendent may receive a per diem for the services of such deputy. 5880. County superintendent to make reports. On the first Tuesday of September in each year, the county superintendent shall make a report to the superin- tendent of public instruction for the school year ending June thirtieth next preceding, which report shall contain an abstract of the reports made to him by district secretaries,, and such THE STATE OF COLORADO. 41 other matters as the superintendent of public instruction may direct, and shall be in such form and upon such blanks as the superintendent of public instruction shall furnish. The county superintendent shall retain a copy of all such reports and file ilic same in his office. 5881. Duties of county superintendent. It shall be the duty of the county superintendent to exercise a careful supervision over the schools of his county, to visit each school at least once during each quarter it is in session, to see that all the provisions of this act are observed and followed by teachers and school officers; to examine the accounts of the district officers to see if such accounts are prop- erly kept, and all district funds properly accounted for; to keep in a good and substantial bound book a record of his official acts, . and of other matters required by law to be recorded ; to obey the legal instructions and decisions of the superintendent of public instruction. He shall also keep a record of the reg- isters, record books, and order books furnished to the several districts of his county; and it shall be his duty to hold county teachers' associations whenever, in his judgment, the interests of the school work demand it; the records of the county super- intendent's office shall be open to the inspection of any citizen of the county, and within one week from the close of each school year he shall publish in some newspaper published in the county, if there be such a paper, a statement of the apportionment of school funds for the year preceding. [County superintendent shall revise school census. Section 5939.] 5882. Penalty for failure to make report. If the county superintendent fails to make a full and cor- rect report to the superintendent of public instruction, as pro- vided by law, and shall, after written request or notice from the superintendent of public instruction or from the board of county commissioners, delay more than ten (10) days after the service of such notice to make such report, he shall forfeit the sum of one hundred dollars, which sum the board of county commissioners may deduct from any money due him; said forfeit may, however, be recovered by suit, upon his official bond. 5883. May administer oaths. The county superintendent shall have power, and is hereby authorized, to administer oaths and affirmations to school direc- 42 SCHOOL LAWS OP tors, teachers and all other persons, in official matters relating to schools; but shall receive no fee for so doing. 5884. May appoint directors, in certain districts. The county superintendent shall appoint directors for any district which fails to elect, as provided in section forty- four, and shall fill vacancies that may occur in any board of directors by reason of death, removal from office or from the district, resignation or otherwise, except in the boards of direct- ors of districts of the first class, and the officers so appointed shall hold office only until the ensuing regular election. [Section 44 referred to is section 5918.] 5885. County superintendent keep record of boundaries of school districts. It shall be the duty of the county superintendent to ascertain the boundaries of each school district in his county, and to make and keep a record of the same in a suitable bound book, which record shall show definitely the boundaries of each district. In case the boundaries are found to be conflicting or incorrectly described, he shall harmonize the same and make a report of such action to the board of school directors whose districts are affected thereby. District officers shall have access to such records for the purpose of examination, making copies, or for other legitimate purposes. The county superintendent shall prepare or have prepared a map of the county, showing the correct boundaries of the districts. 5886. Supplies and office hours of superintendent. The commissioners shall provide him with a suitable office at the county seat and all necessary blank books, stationery, postage, expressage and other expenses of his office not other- wise provided for, which last mentioned expenses shall be paid for from the county fund. He shall keep his office open for the transaction of official business such days of each week as the duties of the office may require. SCHOOL FUND. 5887. Apportionment of public school fund. It shall be the duty of the state auditor to notify the superintendent of public instruction of the amount of money in the state treasury to the credit of the public school income fund on the thirtieth dav of June and December in each THE STATE OF COLORADO. 43 year. Within fifteen days after receiving such notification, the superintendent of public instruction shall apportion said fund among the several counties of the state, from which reports have been received by said superintendent, as provided in this act, in proportion to the school population as shown by the report of each county for the year next preceding such apportionment, making such deductions as are provided in sec- tion 9 of said chapter. And the superintendent of public instruction shall certify said apportionment to the state auditor, and upon such certificate the auditor shall draw his warrant on the state treasurer in favor of the county treasurer of each county for the amount due said county. The superintendent shall also certify to the superintendent of each county the amount apportioned to such county. [Section 9 above referred to is section 5874.] 5888. Apportionment of county school fund. The county superintendent shall apportion the general school fund of the county among the several school districts, in accord- ance with the provisions of sections 72 and 73 of this chapter, quarterly, to wit: On the first Monday in January, April, July and October in each year, and he may apportion the same at other times, if there be sufficient money in the treasury to require it. He shall certify each apportionment promptly to the county treasurer, and shall also notify the secretary of each district of the amount placed to the credit of his district. [Sections 72 and 73 above referred to are sections 5889 and 5890.] 5889. Apportionment, how bassd. In apportioning the general fund, as directed in sec- tion nineteen of this chapter, the county superintendent shall base the July apportionment, in each year, on the census lists and reports of the secretaries of the several districts for the school year next preceding, and he shall base all apportion- ments on said lists and reports for a period of one year, except in the case of the apportionment of new districts, as provided in section thirty-two of this chapter. [Section 32 above referred to is section 5912.] 5890. Apportionment. The county superintendent shall apportion the fund afore- said among the districts entitled to the same, according to the number of persons of school age, as shown by the census lists and reports of the several districts for the school year imme- diately preceding, as provided in section seventy-two. [Section 72 above referred to is section 5889.] 44 / SCHOOL LAWS OP 5891. Effect of failure to maintain school. Any school district failing to* maintain a public school at least three months of any school year, shall not be entitled to receive any portion of the school fund for that year. 5892. Apportionment of normal institute fund. At the time of apportioning the state school fund in July of each year the superintendent of public instruction shall apportion the state normal institute fund equally among the normal institute districts of the state, and the sum accred- ited to each normal institute district shall be transmitted to the custodian of the normal institute fund thereof in the same manner as each county's apportionment of the state school fund is now transmitted to the county treasurer; and each district's apportionment of the state normal institute fund shall be applied and expended in the same manner and for the same purposes as the fund of each normal institute district has here tofore been applied and expended. COUNTY SCHOOL TAX. 5893. Tax levy basis for making estimate. The county commissioners shall, at the time of levying the tax for county purposes, cause to be levied a tax for the support of the schools within the county, of not less than two (2) mills on the dollar, of the assessed value of all taxable property, real and personal, within the county, which tax shall be collected by the county treasurer at the same time, and in the same manner, as state and county taxes are col- lected, except that it shall be receivable only in cash. It is hereby made the duty of the county superintendent of schools to certify to the board of county commissioners at this time the amount of money needed per capita, to enable each school dis- trict in the county to maintain a public school four (4) months in each year, as required by law. In making his estimate, the county superintendent shall- not take into consideration dis- tricts whose school population shall be less than fifteen (15), as shown by the school census preceding the time of making the levy. He shall use as a basis for making his estimate the sum of forty (40) dollars per month for the teacher's salary. All other expenses of the school must be provided for by the board of directors by spe.cial tax. It is hereby made the duty of the county commissioners to increase the minimum rate of two (2) mills, to what shall be required for the purpose as stated as above; Provided, That such tax levy shall in no case THE STATE OF COLORADO. 45 exceed five (5) mills; Provided, further, If any school district shall fail to certify a special tax for other expenses of the dis- trict necessary to maintaining a public school each year, as provided for in section 77, the county commissioners shall cause the same to be levied. [Section 77 above referred to is section 6009.] 5894. Penalty for failure of officer to make levy. No county clerk or other person who shall make out the tax list or assessment roll of any county, shall omit or neglect to levy said tax of two (2) mills, as aforesaid, by reason of the omission of the board of county commissioners to pass a resolution for that purpose. Failure to levy a tax of at least two (2) mills, as above specified, shall be deemed a violation of the law, and the person or persons through whose neglect or refusal the failure so to levy shall occur, shall forfeit the sum of one hundred (100) dollars each, and be liable for all damages resulting from such neglect or failure. 5895. School board certify amount of tax to be levied duties of treasurer and assessor. On or before the day designated by law for the com- missioners of each county to levy the requisite taxes for the then ensuing year, the school board in each district shall certify to the county commissioners the number- of mills per dollar which it is necessary to levy on the taxable property of the district, to raise a special fund for any of the purposes specified in section 51 of this chapter, and the county commis- sioners shall cause the same to be levied at the same time that other taxes are levied; and the amount of such special tax which shall be assessed to each taxpayer of such district shall be placed in a separate column of the tax book, which shall be headed "Special School Tax;" Provided, That a school board of a district of the third class shall not certify, as above, to a higher rate than fifteen mills per dollar. There shall also be a column in said tax book in which shall be designated the number of the school district in which the property is listed. This tax shall be collected in cash only, and placed to the credit of the proper district as fast as collected, and the amount placed to the credit of each district shall be reported to the secretary of such district at the end of every month, and shall be subject to the order of the district board. It is hereby made the duty of the county assessor and county treasurer to so arrange their tax schedules and books as to conform to the above provision; Provided, That the county assessor shall list all property, both real and personal, in the school district in 46 SCHOOL LAWS OF which the same may be on the first day of May; And, provided, further, That the board of any district may order the levy of not to exceed one-tenth of one mill, the proceeds of which shall be used exclusively in the purchase of books for a library, to be open to the public, under such rules as the district board may deem needful for the proper care of the said library. [Section 51 above referred to is section 5925.] 5896. Question of levy not to be reconsidered. It shall not be lawful for a district or district board to reconsider the question of the levy of a special tax after the same has been certified to the county commissioners, nor shall said commissioners be charged with any discretion in the matter of such levy further than to ascertain if the law has been obeyed. SPECIAL FUNDS. 5897. What fines paid to school fund penalty for collector failing to pay. All fine^, penalties and forfeitures provided by this act may be recovered by action of debt, in the name 'of the people of the state of Colorado, for the use of the proper school district or county, and shall, when they accrue, belong to the respective districts or counties in which the same may have been incurred; and the county treasurers, for their counties, are hereby authorized to receive and cause to be placed to the proper credit such forfeitures. Except as otherwise provided by law, all sums of money derived from fines imposed for viola- tion of orders of injunction, mandamus and other like writs, or for contempt of court, shall be paid into the school fund of the county wherein the contempt or such violation was com- mitted; and the clear proceeds of all fines collected within the several counties of the state for breach of the penal laws, and all funds arising from the sale of lost goods and estrays shall be paid over in cash By the person collecting the same, within twenty (20) days after the collection, to the county treasurer of the county in which the same have accrued, and shall be by him credited to the general county school fund. He shall indi- cate in such entry the source from which such money was derived. Any officer or person collecting or receiving any such fines, forfeitures or other moneys, and refusing and failing to pay over the same, as required by law, shall forfeit double the amount so withheld and interest thereon at the rate of five (5) per cent, per month during the time of so withholding the same; and it shall be a special duty of the county superin- tendent of schools to supervise and see that the provisions of this section are fully complied with, and report thereupon to THE STATE OF COLORADO. 47 the county commissioners semi-annually or oftener, if required by them. [For fines, penalties and forfeitures, which are paid into school fund, see sections 50, 423, 440, 535, 961, 1004, 1352, 1362, 1794, 1S77, 2384, 3243, 4305, 4701, 4710, 4820, 5510, 6369, 6380, 6422, 6895 and 7012, R. S,, 1908.] 5898. Genera! fund not to be used for building purposes. It shall be illegal for any school board to appropriate, or cause to be used, any money belonging to the general school fund, for the purpose of building, furnishing or erecting additions to any school house, or for the purchase or improve- ment of any school house, site or lot; Provided, That if any por- tion of the aforesaid school fund remains to the credit of any district after the payment of all expenses necessary to the support of a public school for a period of ten months in any one year in said district, it shall be lawful for the district board to use such balance for any other purpose provided for in sec- tion fifty-one of this chapter. [Section 51 referred to above is section 5925.] 5898a. That all moneys to which the various counties of the state of Colorado are now or may hereafter become entitled under the act of congress of May 23, 1908, or other acts, in which counties a forest reserve, or any portion thereof is situated, shall at the beginning of each fiscal year and every six months thereafter be awarded and apportioned through the proper state officials of this state to such counties in proportion to the area of the forest reserve in each county; and such apportion- ment of said funds shall be determined by the state auditor, and the state auditor is authorized and directed to draw war- rants upon the state treasurer in favor of the county treasurer of each county for the amount due each county under the appor- tionment and made direct to the county treasurers of said coun- ties, and in accordance with the so-called agricultural appro- priation act of congress, approved May 23, 1908, and the county commissioners of said county shall direct the said fund to be credited as follows, to-wit: Not less than 5 per cent, of said sum shall be expended for either roads or school funds in the discretion of the board of county commissioners. [L. '09, p. 35, 1. DUTIES OF COUNTY TREASURER. 5899. County treasurer certify school moneys collected pay over failure penalty. The county treasurer shall, on or before the first day of January, April, July and October, of each year, certify 48 SCHOOL LAWS OP the amount of said tax which shall have been collected, and the amount of any other county school money, then in the county treasury, to the county superintendent, and shall render him a statement of the amount uncollected. The amount unpaid shall be collected at any subsequent time, as delinquent taxes are collected, and shall be certified to the county super- intendent as aforesaid. Should the treasurer fail at any time to pay over the tax as herein provided, he shall forfeit the sum of one hundred (100) dollars, and double damages, to be col- lected on his official bond; suit to be brought by the county superintendent, for the benefit of his county. 5900. Duties of county treasurer handling school fund. It is hereby made the duty of the county treasurer in each county to keep a separate account with each school district in his county, to place to the credit of each the amount of money as certified to by the county superintendent, as pro- vided in section 19, and to pay over the money so collected, upon the presentation of the legally drawn warrants or orders of the district officers entitled to draw, the same; Provided, That if the county superintendent shall notify the county treas- urer, in writing, that there has been a failure on the part of any board of directors to comply with the law, and that said money should be withheld from said board of directors, he shall retain the same until further notice from the county superin- tendent; on or before the fifth day of July in each year he shall render to the county superintendent of schools a statement of the receipts and disbursements on account of the several dis- tricts of all the school funds which have passed through his hands during the school year next preceding, and at the same time he shall render to each district secretary a statement of receipts and disbursements of such district. All money which shall become forfeited by any district shall be put into the gen- eral school fund and reapportioned as other moneys. [When treasurer shall pay school orders. Section 1326.] 5901. Treasurer keep separate accounts warrants. It shall be the duty of the county treasurer to open and keep separate accounts with each school district in his county, and hold the funds of each district, subject to the legal warrants of the president, as provided by section fifty- three of this chapter. If the legal warrant of any school dis- trict in this county be presented to the county treasurer when there are no funds in his hands to the credit of the district fund against which the warrant is drawn, he shall endorse such war- THE STATE OF COLORADO. 49 rant "No Funds," and said warrant shall draw interest from the date of such endorsement at the same rate as county war- rants in like condition. The treasurer shall keep a list of all warrants so endorsed, and shall pay them whenever there is sufficient money to the credit of the proper fund, in the order of such endorsement. The interest on such warrants shall stop when the treasurer shall give notice that he has funds to pay the same; Provided, It shall not be lawful for the officers of any district to issue warrants at any time in an amount in excess of the tax levy for the current year. [Section 53 above referred to is section 5934.] 5902. Cancellation of paid school orders. That it shall be the duty of county treasurers to cancel all paid school orders, with a proper canceling stamp, showing the date of payment. 5903. Report of county treasurer to school directors. That it shall be the duty of the county treasurers to render to the secretary of each board of school directors, quarterly, an itemized statement of account of their respective district, showing: (a) The number and amounts of all orders paid and charged against the accounts of the respective districts. (b) The amounts of money received and credited to the accounts of the respective districts. (c) The balance due said districts at the end of each quarter. 5904. Receipt for and report on orders. That the said county treasurers shall enclose with each quarterly statement, a proper blank upon which the secre- tary of each respective board of directors may report to their county treasurer that said canceled orders and statements have been received and found correct. 5905. Inspection of report. That it shall be the duty of each secretary of the boards of school directors to exhibit said quarterly report to the board at its first regular meeting after the receipt of said report for the inspection of said board and that the board shall examine said quarterly report and canceled orders and instruct the sec- retary to report the correctness, or incorrectness, if any be found, upon the blank furnished by the county treasurer. 50 SCHOOL LAWS OP 5906. Canceled orders preserved. That it shall be the duty of each secretary of the several boards of school directors, and their successors, to keep on file for a term of six (6) years, all quarterly reports and canceled orders received from county treasurers, and at the end of said period to cancel by fire, all canceled orders, filing the quarterly 'reports for such period for future reference. ' SCHOOL DISTRICTS. 5907. Organizing new districts petition notice unorganized territory. For the purpose of organizing a new district out of a portion of one or more old districts, the parents of at least ten children of school age residing within the limits of the pro- posed new district shall petition the county superintendent in writing, which petition shall describe the boundaries of the proposed district, and the names of all children of school age residing in such proposed district at the date of said petition; and said list of names shall be held to be the census list of said district until the next regular census shall be taken; and if any names are found on said list, and also on other census lists for the current year, if the county superintendent is satisfied that the children so named are bona fide residents of the proposed district he shall strike such names from the lists of the old districts, when the organization of the new district is complete. If, in the judgment of the county superintendent, the school interests of the districts affected by the proposed change will be best promoted by said change, he shall direct some one of the petitioners, who is a legal voter, to notify each elector residing within the districts so to be formed, by personal service as far as convenient, and to post a notice in three public places in said new district, that such petition has been made, and that a meet- ing will be held, naming the time and place of such meeting, to determine the question of the proposed organization. People living upon unorganized territory may organize themselves into a school district at any time, without a petition, if a majority of the local voters residing within the proposed district shall so decide at a meeting of which reasonable notice has been given to all resident voters, and which meeting shall be conducted as is now provided by law for the organization of new districts; Provided., That in addition to the copy of the proceedings now required by law, the secretary shall also transmit to the county superintendent a certified list of all children of school age who are residents in good faith in said district at the date of the organization, which list shall be held to be the census list of said district until the next regular school census. THE STATE OP COLORADO. 51 5908. Organization of electors vote to organize proceedings when dis- trict can not be divided. The qualified electors of such proposed new district, when assembled, in accordance with the notice above required, shall organize by electing a chairman and secretary. Every legally qualified elector, and none other, shall be entitled to vote at such meeting. After the organization of such meeting, as above mentioned, a vote shall be taken by ballot on the ques- tion whether or not the proposed district shall be organized. Those in favor of organization shall vote "Yes," and those op- posed "No." If two-thirds of the legal voters so voting are found to be in favor of sueh organization, and not otherwise, the meet- ing shall proceed to elect by ballot a board of directors of said district, who shall hold office until the ensuing regular election, as provided in section 44 of this act. The secretary of said meet- ing shall immediately transmit to the county superintendent a copy of the proceedings of the meeting, upon receipt of which, if the proceedings are found to have been in accordance with law, he shall establish and number such district and enter a record of the same, and of the proceedings of the meetings, as provided in section 24 of this act; Provided, If such organization of a new district works great hardship to any head of a family, a statement of the facts may be submitted to the superintendent and two disinterested persons, one to be named by the super- intendent and one by the person affected, and if, in their judg- ment, good cause be shown for the transfer, he may be trans- ferred to another district; Provided, further, That no district shall hereafter be divided for the purpose of forming a new district, unless it contains an area of more than nine square miles or has an assessed valuation of more than twenty thousand (20,000) dollars and forty children of school age, nor shall a district be divided if by so doing the remainder of the district shall be found to contain less than twenty persons of school age, and when practicable, the district shall conform to government lines; Provided, also, That no city or town shall hereafter be divided into two or more districts, nor shall the districts of the first class be divided, except upon a vote of the electors of the district, submitted at an annual election, a majority of all the votes cast being in favor of such division. [Sections 24 and 44 above referred to are sections 5885 and 5918.] 5909. Uniting contiguous districts vote directors annexing contiguous territory. Two or more contiguous districts may be united into one district. For the purpose of effecting such union, each dis- trict shall, at a special meeting legally called for the purpose. 52 SCHOOL LAWS OF determine by ballot whether or not a majority of the legal voters assembled are in favor of such union. Those in favor will vote "Yes' 7 and those opposed "No." If a majority of the voters pres- ent in each district vote in favor of a union, a union meeting shall be called by giving at least ten days' public notice, at which meeting the organization shall be perfected by the election of officers and other necessary proceedings, in the same manner as provided for the organization of districts in section twenty-eight (28) of this chapter; Provided, That where a first-class district is joined in such union with a district, or districts, of a lower class, the board of directors of such first-class district shall be held to be the board of directors for the united district, and the members thereof shall be entitled to serve the unexpired portion of their respective terms as such directors of said united district; and the board or boards of directors of the lower class districts included in said united district shall cease and determine upon notice from the county superintendent of schools that such dis- tricts have been united under the provisions of this act. Upon receiving notice from the county superintendent of such union of districts, it shall be. the duty of the county treasurer to trans- fer all funds belonging to said districts to the credit of the new district thus formed. A portion of unorganized territory may be annexed to a school district; or a portion of one district may be detached from said district and annexed to a contiguous district, by the county superintendent, upon petition, in either case, of a majority of the legal voters resident within the territory to be so annexed, subject, always, to the limitation provided in section twenty-eight (28). [Section 28 above referred to is section 5908.] 5910. When new district entitled to portion of school money. No new district formed, as provided in sections twenty- seven (27) and twenty-eight (28) of this chapter, shall be en- titled to any portion of the public school money until a school has actually commenced therein, and unless within six (6) months from the establishment of such district a school be opened and maintained as required by law, the action making such district shall be void and all actions had by such district, acting as a body corporate, shall cease and determine, and all taxes which may have been levied in the old district or districts out of which the new one was formed, shall be valid and binding upon the real and personal property of the new district, the same as if said new district had never been organized; Provided, That the county superintendent may, for good cause, extend the said six (6) months to eight (8) months; said time of limitations shall begin to run from the time of the meeting at which it was voted to THE STATE OP COLORADO. 53 organize the district ; whenever any district shall for the period of one year, fail to maintain a school and to keep up its organiza- tion of officers, and to make annual report as required by law, the county superintendent may declare such district annulled, and annex its territory to adjoining district or districts. [Sections 27 and 28 above referred to are sections 5907 and 5908.] 5911. Organization of joint districts. A joint school district may be formed from territory be- longing to two or more contiguous counties. For the purpose of organizing a joint district, the same preliminary step& shall be taken, and the same course pursued as is provided for the organization of other districts in sections twenty-seven (27) and twenty-eight (28). Such district shall be designated as " Joint District No of the Counties of and ," and shall be so numbered that it shall have the same number in all the counties from which it is formed. The petition required by section twenty-seven (27) shall be made to each county superintendent interested, who shall unite in forming such districts; Provided, That the school census, the record of attendance at school, the assessing of property, the collection of taxes, and all other acts which from their nature should be separately kept or done, shall be kept and done, and the reports thereof made, as if each portion of said joint district belonging to each county were an entire district in the respective counties. The teachers of such joint district shall have a cer- tificate from the superintendent of the county in which the school house is located. No joint district shall be annulled except by the consent of the county superintendents of the counties in which such district is located; Provided, That when any joint district desires to be annulled for the purpose of forming sepa- rate districts, it shall require a majority vote of the voters con- stituting said joint district, at a meeting called for such purpose. [Sections 27 and 28 above referred to are sections 5907 and 5908.] 5911a. Consolidation defined. For the purpose of this act the word "consolidation" is hereby defined as providing for the abolishment of certain ad- joining school districts and their organization into one special school district, and for the conveyance of pupils to one consol- idated school. [L. '09, p. 492, 1. 5911b. School boards may submit question. The school boards of two or more adjoining school districts submit the question of consolidation, and upon the petition 54 SCHOOL LAWS OF of not less than one-fourth of the qualified electors of such school districts, must submit such question to a vote of the qualified electors of such districts. For the purpose of deter- mining the question, the secretary of the school board in each district affected shall, by giving legal notice, call a special meet- ing to be held at the usual place of holding school district elec- tions. The legally qualified electors when assembled in accord- ance with the notice above specified shall vote by ballot for or against such consolidation. Those in favor will vote "For con- solidation" Yes; those opposed, "For consolidation" No. If at said election more votes are cast against the proposition for consolidation than for it the question shall not be again sub- mitted to the electors of said adjoining districts for a period of one year. [L. '09, p. 492, 2. 5911c. Call meeting to organize district. If a majority of the electors vote in favor of consolidation it shall then be the duty of the school board in the district affected which has the largest school enumeration to call a union meeting by giving at least twenty days' public notice in each district affected, at which meeting the organization of the con- solidated district shall be perfected by the election of officers and other necessary procedure. After the organization of the union meeting is completed by the election of a chairman and secretary it shall proceed to elect, by ballot, a board of directors for such consolidated district, consisting of a president, a sec- retary and a treasurer, who shall be held to constitute the board of directors of such consolidated district until the next annual school election, at which election one president shall be elected for a term of three years, one secretary for two years and one treasurer for one year, and annually thereafter a person to fill the vacancy occurring. Provided, That when a district of the first class is joined with a district or districts of a lower class the board of directors of said first-class district shall be held to be the board of directors of the consolidated district and shall serve out the term for which they were elected. [L. '09, pp. 492, 493, 3. 591 1d. If necessary erect buildings, etc. As soon as the organization for a special school district as herein contemplated shall have been perfected and its officers elected, it shall be* the duty of the school board of such con- solidated school district, if necessary, to purchase a site and erect a suitable building thereon, and said school board is hereby required to maintain and support a graded course of instruction, THE STATE OF COLORADO. 55 arid may include a high school course of not less than two years, and are also required to furnish transportation to and from school to all pupils living one mile or more from the consolidated school or building, said distance to be measured from the en- closure immediately surrounding their residence to the school house property along the public highway; Provided, That the person or persons employed for the purpose of transporting the pupils to and from school shall be required to give a reasonable bond for the faithful performance of duties as prescribed by the school board. [L. '09, p. 493, 4. 5912. Division of funds in case of consolidation or division of districts. When a new district is formed from one or more old ones, the school funds remaining to the credit of the district, after providing for all outstanding debts, excepting debts in- curred for building and furnishing school houses, shall be divided as follows: The basis of division for the school fund shall be the school population, as shown by the last school census before the division of the district or districts occurred, and shall apply such funds as remain to the credit of said old district or districts at the time of the organization of said new district, and each district shall receive funds in proportion to its per cent, of the said census. In case of division, each district shall own and hold all permanent property, such as sites, school houses and furniture, situated within its boundaries. All division of funds under this provision shall be made by the county superintendent, and when there are unpaid special taxes on the county tax book, belonging to a district at the date of its division, the county treasurer, upon being notified of such division by the county superintendent, shall retain all money received in payment of said special tax until the same shall be apportioned by the county superintendent, whose duty it shall be to apportion said money monthly, between the fractions of the divided district, according to the location of the property on which said tax was levied. At the, first apportionment after the organization of a new dis- liirt the county superintendent shall apportion to such district its per capita proportion of the general fund, but no money, either from the general or special fund, shall be paid out of the county treasury on account of such district until a school house shall have been begun therein in good faith. SCHOOL GOVERNMENT. 5913. School districts to be bodies- corporate. Each regularly organized school district heretofore formed, or that may be formed, as provided in this chapter, is 56 SCHOOL LAWS OF hereby declared to be a body corporate, by the name and style of "School District No , in the county of and state of Colorado," and in that name may hold property and be a party to suits and contracts, the same as municipal corporations in this state. 5914. May hold real estate eminent domain. It shall be lawful for any school district in this state to take and hold, under the provisions of any law now or hereafter in force providing for the exercise of the right of eminent domain, so much real estate as may be necessary for the location and construction of a school house and convenient use of the school ; Provided, That the real estate so taken other- wise than by the consent of the owner thereof, shall not exceed in districts of the first class, three acres, if real estate be un- platted, and not exceeding one block if real estate be platted, and in districts of all other classes, not exceeding one acre. 5915. Election of directors and officers. There shall be elected in each school district of this state, annually, and in the manner prescribed in section forty-four (44) of said chapter, a board of directors. The number 'of persons that shall constitute each board of directors shall be determined as follows: The school districts shall be classified into first (1st), second (2nd), and third (3rd) classes. Districts containing a school population of more than one thousand (1,000) shall be denominated districts of the first (1st) class; districts containing a school population of three hundred and fifty (350), and not exceeding one thousand (1,000), shall be denominated districts of the second (2nd) class; and districts containing a school population of less than three hundred and fifty (350) shall be denominated districts of the third (3rd) class. At the regular election in 1887, as provided in section forty-four (44) of said chapter, ail districts of the first (1st) class shall elect by, ballot one (1) director for three (3) years, and at the regular election in 1888, one (1) director for three (3) years and one (1) director for four (4) years; and at the regular election in 1889 one (1) director for four (4) years and one director for five (5) years ; and annually thereafter there shall be elected one (1) director for five (5) years. All districts of the second and third classes shall elect one (1) president for three (3) years, one secretary for two (2) years, and one (1) treasurer for one (1) year; and annually thereafter there shall be elected for three (3) jears a person to fill the vacancy occurring; Provided, That this shall not apply to districts of the second and third classes already organized. School boards of the THE STATE OF COLORADO. 57 first class shall, at their first meeting after their election, elect a president, who shall be a member of the board; a secretary, who may or may not be a member of the board, and a treasurer, who shall not be a member of the board, and who shall hold office for one year, and until their successors are elected and qualified. In districts of the first and second classes, the boards, after organization, shall exercise all the power given the electors of districts of the third class, as specified in section sixty-three (63) of said chapter. [Sections 44 and 63 above referred to are sections 5918 and 5955.] 5916. .Legal school districts when second class districts become first class. Every school district in the state, which now exer- cises the prerogatives of a school district, and the legality of whose organization has not been legally denied, and which has a board of directors, duly qualified according to law, and has exercised the rights and enjoyed the privileges of a legally and regularly established district for one year, shall be, and is hereby declared to be a legal school district; and all district officers shall hold office until their successors are qualified. When school districts of the second (2nd) class shall attain a school population of one thousand (1,000) or more, as shown by the annual census, at the next regular election thereafter, as provided in section forty -four (44) of this act, there shall be elected one (1) director for three (3) years, one (1) director for four (4) years, and one (1) director for five (5) years, and annually thereafter one (1) director for five (5) years as pro- vided for in districts of the first (1st) class; and the persons so elected, together with the directors whose official terms have not expired, shall constitute the new board, which board shall enter upon the duties prescribed by law for boards of directors of dis- tricts of the first (1st) class. [Section 44 referred to is section 5918.] 5917. Legal districts, what constitutes. All school districts now formed or which may here- after be formed, which shall continue to exercise, undisputed, the prerogatives, and enjoy the privileges, of a legally formed district, for the period of one year next succeeding the election of its officers, shall be deemed to be a legally formed district, and its legality shall not thereafter be questioned. 58 SCHOOL LAWS OF ELECTIONS. 5918. Election of school board notice ballots precincts. The regular election for electing members of school boards shall be held annually in each district on the first Mon- day in May, at which time it shall be lawful to transact any business pertaining to schools and school interests. The secre- tary of each school board shall cause written or printed notices to be posted, specifying the day and the place or places of such election, and the time during which the ballot-box or boxes shall be kept open, not less, however, than three hours, and further specifying at what hour and place any other business shall be transacted. Said notices shall be posted in at least three public places in the district, one of which shall be the school house, if there be one, at least six days previous to the time of election; and in districts of the first class said notice shall be published weekly for the four weeks next preceding such election, in some newspaper published in the district, and if there be no paper published in such district, then in a paper published in an adjoining district. If the secretary fail to give such notice, then any two (2) legal voters residing in the district may give such notice over their own names, and such election may be held after the day fixed by this act for such election. All elections shall be by ballot, and in the absence of a notice specifying the hour, the ballot-box shall be opened at nine (9) o'clock A. M., and closed at four (4) p. M. In districts of the first class, the school boards may order more than one voting place in the district, fix the voting places and the limits of the voting precincts and appoint three (3) judges and necessary clerks for each voting place, in addition to those provided for in section 45. [Section 45 above referred to is section 5919.] 5919. Qualification of voter candidates ballot challenge judges qualifications of voter to contract debt. Every elector, legally qualified to vote at a general election, having been a resident of the school district for thirty (30) days next preceding the day of election shall be entitled to vote; Provided, That no person shall be denied the right to vote at any school district election or to hold any school district office on account of sex; Provided, further. That in districts of the first (1st) and second (2nd) class, any person who may desire to be a candidate for the office of school director, shall file a written notice of such intention with the secretary of the school district in which he resides at least eight (8) days prior to the day of the holding of the annual election for school direct- ors, and the secretary of said school district shall for five (5) THE STATE' OF COLORADO. 59 consecutive days preceding the day of said election, publish in some daily paper or when no daily paper is published in such district, then by posting printed or written notices in not less than five (5) public places in such district, the names of all can- didates who shall have so filed notice of such intention ; and the said secretary shall also have printed or written ballots pre- pared, bearing the names of all candidates who have certified such intention of being candidates, as aforesaid, printed or writ- ten thereon, and no person other than those whose names appear upon the ballot, so prepared, shall be voted for. Any person, offering to vote may be challenged by any legally qualified elector of the district, and any one of the judges of election shall there- upon administer the person challenged an oath as follows : "You do swear (or affirm) that you are a citizen of the United States, or that you have declared your intention to become such; that you have resided in this state of Colorado six (6) months imme- diately preceding this election; that you are twenty-one (21) years of age; that you have resided in this district thirty (30) days next preceding this election; and that you have not voted at this election. So help you God (or under the pains and pen- alties of perjury.)" If he shall refuse to take such oath or affirmation, his vote shall be rejected. Any person guilty of vot- ing illegally, shall be punished as provided in the general election laws of this state. The president, secretary and treasurer of the district school board shall act as judges of the election, except as otherwise provided in section forty -four (44) and should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy ; Provided, however, That at all elections fyeld for voting upon a proposition to create or contract a debt by loan for the purpose of erecting or furnishing school buildings, or purchasing school grounds, only such qualified electors of the district shall vote thereat as shall have paid a school tax in such district for the year next preceding such election. ' [Section 44 above referred to is section 5918.] 5920. Counting votes return special election. Immediately after the closing of the polls, the judges shall meet at one of the voting places as shall have been previously designated by the school board, and shall proceed to count the votes and the person or persons qualified to be elected who shall receive the largest number of votes, shall be declared elected, and a report of the said election signed by the judges shall be transmitted to the school board. If, for any cause, no election be held at the regular time, or if, upon counting the votes, there be a tie vote for any one or more of the officers, a 60 SCHOOL LAWS OF special election shall be called by the board within ten (1.0) days, and notice thereof given, as required in section 44 of this act. A failure to give the prescribed notice of such special election shall render the election void. [Section 44 above referred to is section 5918.] 5921. The general provisions of sections 44, 45 and 46 shall be applicable to all school elections, whether general or special, or for whatever purpose held, except elections on the question of creating or refunding a bonded indebtedness. [L. '09, p. 498, 12. [Sections 44. 45 and 46 above referred to are sections 5918, 5919 and 5920.] POWERS AND DUTIES OF OFFICERS AND DIRECTORS. 5922. Directors qualify vacancy treasurer's bond and report. The directors shall each, within twenty (20) days after his or her election, appear before some officer authorized to administer oaths, and take oath that he or she will faithfully perform the duties of his or her office required by law, which oath shall be filed with the county superintendent; and in case of failure so to qualify, his or her office shall be deemed vacant, and the county superintendent shall appoint a suitable person, who shall qualify immediately. If the amount of money liable to come into the hands of the treasurer, in the discharge of his offi- cial duties, exceed twenty dollars at any one time, he shall be required to give bond in double the amount of money liable to come into his hands, said bond to be approved by and filed with the county superintendent. The directors elect shall take office immediately after qualifying, as aforesaid; Provided, That any district treasurer who shall refuse to give bond as above, when required to do so by the other members' of the board, shall be disqualified from receiving any money on district account until a satisfactory bond is executed. The oath of office required in this section may be administered by a president of a school board, and it is hereby made the duty of a district treasurer of all first-class districts to publish, semi-annually, in some news- paper published within the county wherein such district may be located, a complete and full report of all receipts and expendi- tures of the said district's funds. 5923. Regular meetings of board. The regular meeting of each board shall be held on the last Saturday of March, June, September and December. The board may, however, hold such other regular, special or THE STATE OF COLORADO. <>L adjourned meetings as they may from time to time determine, or as may be specified in their by-laws. 5924. May make by-laws fill vacancy, when. Any school board shall have power to make such by- laws for their own government and for the government of the public schools under their charge, as they may deem expedient, not inconsistent with the provisions of this act, or the instruc- tions of the superintendent of public instruction. District boards of the first class shall also have power to fill any vacancy which may occur in the board until the regular election, at which time the vacancy shall be filled for the unexpired term. 5925. Powers of school board. Every school board, unless otherwise especially provided by law, shall have power, and it shall be their duty : First To employ or discharge teachers, mechanics and laborers, and to fix and order paid their wages; to determine the rate of tuition for non-resident pupils, and to fix the compen- sation to be allowed the secretary for the time necessarily spent in the service of the district, as required by law, or as directed by the board; Provided; It shall be unlawful to pay any other member of the board from the district funds for his services as a member of such board. Second To enforce the rules and general regulations of the state superintendent, to fix the course of study, the exercises and the kind of text books to be used ; Provided, That but one kind of text book of the same grade or branch of study shall be used in the same department of a school, and that after the adoption of any book, it shall not be changed in less than four years, unless the price thereof shall be unwarrantably advanced, or the me- chanical quality lowered, or the supply stopped. Third To provide for school furniture, and for everything needed in the school house, or for the use of the school board.. Fourth To rent, repair and insure school houses. Fifth To build or remove school houses, and to purchase or sell school lots, when directed by a vote of the district so to do. Sixth To hold in trust for their district all real or personal property for the benefit of the school thereof. Seventh To suspend or expel pupils from school, who refuse to obey the rules thereof, and to exclude from school, children under six years of age. Eighth To determine the number of teachers that shall be employed, and length of time over and above three (3) months that the schools will be kept; to fix the time for the opening or 62 SCHOOL LAWS OF closing of schools, and for the dismissal of primary pupils before the regular time for closing the schools. Ninth To provide books for indigent children on the writ- ten statement of the teachers that the parents of such children are not able to pvirchase them, and to furnish free text books for the use of all pupils, when authorized to do so by a majority vote of the district as expressed at any regular or special meet- ing. Tenth To require all pupils to be furnished with the proper and suitable books as a condition of membership in school. Eleventh To exclude from school and school libraries, all books, tracts, papers and other publications of an immoral or pernicious tendency. Twelfth To require teachers to conform to the law. Thirteenth To make an annual report as required by law, to the county superintendent, on or before the first day of August of each year, in the manner and form, and on the blanks pre- scribed and furnished by the superintendent of public instruc- tion. Fourteenth To make a report directly to the state superin- tendent whenever instructed by him so to do. Fifteenth Whenever a pupil resides remotely from the school house in his district, and where a school house is more accessible in an adjoining district or county, such pupil shall be permitted to attend that school which is the most accessible, and be granted the same privileges as a resident of that district. Provided, The board may refuse to admit pupils from other dis- tricts upon the ground of insufficient room. In such case, the directors of the district wherein the said pupil resides shall pay a reasonable tuition to the district, wherein the school is the most accessible, which said tuition shall be agreed upon by the two school boards affected; Provided, however, If they do not agree, the county superintendent or superintendents of the county or counties in which such district or districts so affected are located shall settle the price of tuition. In case said two superintendents can not agree on the tuition to be paid, then the state superintendent of public instruction shall fix the sum of said tuition. Provided, further, That whenever any pupil outside a high school district desires to attend a high school within the county where such pupil resides, and such pupil shall possess the necessary qualifications for admittance thereto, the necessary tuition fees charged for the attendance of such pupil by said high school shall be paid by the school district in which such pupil resides, not exceeding $2.50 per month. [L. '09, p. 488. [State board of health may prescribe text book on hygiene. Section 5010.] THE STATE OF COLORADO. 63 5926. Board in first or second class districts may establish high school. The school board of districts of the first and second classes shall ha\ 7 e the power to establish a separate high school whenever they shall deem it expedient or necessary and shall have power to determine the qualifications for admission to such school, and shall exercise all the powers with reference to such high school which are accorded to them in relation to the schools of lower grade; Provided, That no school board shall build or lease any building especially for such high school, unless authorized to do so by a vote of the district, as provided in sec- tion sixty-two (62) of this act. [Section 62 above referred to is section 5955.] [Board in first and second class districts shall appoint truant officers. Section 534.] 5927. School board establish free kindergartens. The school board of any school district in the state shall have power to establish and maintain free kindergartens in connection with the public schools of said district, for the instruction of children between three and six years of age, resid- ing in said district, and shall establish such courses of training, study and discipline, and such rules and regulations governing such preparatory or kindergarten schools as said board may deem best. Provided, That nothing in this act shall be construed to change the law relating to the taking of the census of the school population, or the apportionment of state and county school funds among the several counties and districts in this state. Provided, further, That the cost of establishing and maintaining such kindergartens shall be paid from the special school fund of said districts, and the said kindergartens shall be a part of the public school system, and governed as far as practicable in the same manner and by the same officers as is now, or hereafter may be provided by law for the government of the other public schools of this state. Provided, further, That teachers of kindergarten schools shall have a diploma from some reputable kindergarten teachers' institute, or pass such examination on kindergarten work as the kindergarten department of the state normal school may direct. 5928. Board may purchase flag and erect pole. The school directors of the several school districts in this state may purchase or cause to be purchased a suitable American flag of standard bunting, not less than eight by twelve (8x12) feet in size, and they may erect and maintain or cause to be erected and maintained upon each public school building or the grounds belonging thereto, a suitable flagstaff with the neces- 64 SCHOOL LAWS OF sary appliances for displaying said flags, and may cause said flag lo be displayed upon said staff upon all national and state hol- idays, the first and last days of each school term, and such other occasions as such school directors shall prescribe. 5929. American flag may be displayed in each department. Every school within this state may have placed and kept in a conspicuous position in each department thereof at least one American flag of standard bunting, not less than three by five (3x5) feet in size. 5930. Expense of flags and poles, how paid. It shall be lawful for the school directors of each school district in this state to pay for said flags and staffs and to provide for the proper care and maintenance of the same, from any special school funds which they may have in their hands or which may be subject to their order, or to include the expense thereof in the next annual estimate for school expenses, or in any tax levy for school purposes; and the expense thereof for any public school shall be met by said directors or other offi-. cers charged with the duty of raising or appropriating any money for school purposes as any other necessary expenses or expendi- tures for school purposes are raised. 5931. Act shall apply to all state institutions. This act shall be held to apply to all institutions directly or indirectly under the control of the state of Colorado or any of its officers, and it shall be the duty of such officer or officers to see that this act is complied with. 5932. Penalty for destruction of flag. Any person who shall wilfully injure, deface or destroy any flag, flagstaff, or other materials placed in any room or build- ing, or upon any building or school grounds for the carrying out of this act, shall be deemed guilty of a misdemeanor and pun- ished accordingly. 5933. Act published with school law. It shall be the duty of the superintendent of public instruc- tion to publish this act in connection with the school law of this state. STATIC OF COLORADO. 0.") DUTIES OF OFFICERS. 5934. President sign orders appear in suits absence vagancy. The president, wlien present, shall preside at all meet- ings of ilie. board and of the district ; shall Sign all orders on 1he county treasurer for the payment of money; Provided, Thai no orders shall be drawn upon the county treasurer except in favor of parties to whom the district has become lawfully in- debted, lie shall appear in behalf of his district in all suits brought by or against the same, but when he is individually in- terested this duty shall be performed by the secretary, and in the absence of the president the secretary shall preside at board and district meetings. Absence from the district of any school offi- cer, when prolonged beyond thirty consecutive days, may be held to work a vacancy in said office, which may be filled according to law. 5935. Secretary of board bond duties. lief ore entering upon the duties of his office, the secretary shall execute a bond, with two sureties, in the penal sum of live hundred (500) dollars in districts of the first and second classes, and the penal sum of one hundred (100) dollars in districts of the third class, conditioned upon the faithful dis- charge of his oiticial duties and the delivery of all district prop- erty pertaining to his office over to his successor, within ten days after a demand is made for the same by a qualified successor, said bond to be approved by and filed with the county superin- tendent. The secretary shall record all proceedings of the board and of district meetings in a book, or books, kept for that pur- pose; shall preserve copies of all reports made to the state or county superintendents; shall tile all papers transmitted to him by other school officers pertaining to the business of the district; shall draw and countersign all warrants or orders issued by the board; shall keep a register or stub of all orders drawn, showing tiie number of the order, date, amount, in whose favor and for what purpose drawn. Immediately after the election of one or more directors according to law, he shall transmit to the county superintendent a statement giving the name and postoffice address of the president, secretary and treasurer, respectively, of the boards of directors. Between the tenth day of April and the first day of May. in each year, the secretary, or some person, authorized by him, shall take a census of all persons over six years and under twenty-one years. of age who were bona fide res idents of 1he district on the tenth day of April aforesaid: The names so listed shall be arranged alphabetically, and be so classi- fied as to distinguish between male and female. The census list 66 SCHOOL LAWS OF shall be sworn to as correct by the person taking the same, and, if such person be other than the secretary, shall be certified by the secretary, and shall be forwarded to the county superintend- ent on or before the first .day of June of the current school year. In districts of first and second classes a copy shall be delivered to the principal teacher, or superintendent of the district, and in all cases a copy shall be retained in the office of the secretary. 5936. Duties of secretary. The secretary shall keep an accurate account of the expenses incurred by the district, and shall present the same to the board whenever called upon. He shall give the required notice of all regular and special meetings, as herein authorized. On or before the first day of August of each year, he shall make out and file in the office of the county superintendent, a report of the affairs of his district. Said report shall be made upon blanks prepared by the superintendent of public instruction, containing such items of information as the said superintendent shall require, including the following, to-wit: First The number of persons, male and female, each, in his district, between the ages of six (6) and twenty-one (21) years. Second The number of schools, and the branches taught in each. Third The number of pupils in each school. Fourth The number of teachers employed in each school, and the compensation of each per month. Fifth The number of days the school was taught during the year then past, and by whom. Sixth The number of pupils enrolled during the year; the average daily attendance. Seventh The average cost of school per month for each pupil, based upon the total enrollment, and also the average cost based upon the average daily attendance. In estimating these averages, the secretary shall take account of teacher's wages, all current expenses, and six per cent, interest upon a fair valuation of all property belonging to the district. Eighth Text books used in each school. Ninth The number of volumes in the library of each school. Tenth The aggregate amount paid teachers during the year, and the average monthly pay of teachers. Eleventh The number of public school houses, and the esti- mated value of each. Twelfth The amount raised by tax in the district during the year for school library. Thirteenth The amount raised by subscription, or by other than by tax. THE STATE OF COLORADO. 67 fourteenth The amount of special tax levied for the sup- port of schools, and for buildings, sites and furniture. Fifteenth The amount of money on hand at the beginning of the year then past. thirteenth The amount of money received from all other sources than those herein specified. Should the secretary fail to file his report, as above directed, he shall forfeit the sum of one hundred (100) dollars, and shall make good all loss resulting to the district from such failure. 5937. Financial statement of district. The secretary shall render a statement of the condition of the finances, as shown by the books, at any time when required by the school board, and his books shall always be open for in- spection. \ 5938. Failure to file report and census effect remedy. Whenever a district secretary fails to file his annual report and census list with the county superintendent, according to law, thereby rendering it impossible for the said superintendent to apportion to such district any part of the general fund for the ensuing year, if it can be shown to the satis faction of the superintendent of public instruction that such report and census list were prepared and reasonable diligence used to place the same in the hands of the county superintendent, and that such report and census list failed to reach said super- intendent by reason of some accident or extraordinary occur- rence; and if it be further shown that a public school was maintained in such district for not less than the minimum time required by the state constitution; and if it be also shown that duplicates of the missing papers have been placed in the hands of the county superintendent, or in his office, then the super- intendent of public instruction shall direct the county superin- tendent to apportion to such district its per capita share 'of the general fund, distributed during the remainder of the year, as provided in section seventy-two. [Section 72 above referred to is section 5890.] 5939. Superintendent revise census lists mute and blind. The census list of the several districts shall be carefully examined and compared by the county superintendent, and if the name of the same person be found upon more than one list, lie shall strike said name from all lists except that of the district in which such person was residing in good faith on the tenth day of April aforesaid. The residence of an unmarried 68 SCHOOL LAWS OF person of school age shall, in all cases, be held to be identical with the bona fide residence of the parent or guardian of such person, providing that such parent or guardian be a resident of the state. If the county superintendent find upon any census list the names of any persons whom he believes were not residents in good faith of such district as aforesaid, he shall notify the secretary certifying the list, and if said secretary shall not establish the correctness of the list within fifteen (15) days after such notification, such names shall be stricken from the list. At the time of taking the annual census, the secretary shall use reasonable diligence to ascertain the number of blind and deaf mute persons, resident in the district, between the ages of four (4) and twenty-two (22) years, with the name and postoffice address of each. Said items shall be embodied in his annual report to the county superintendent. [See also section 4334.]" 5940. Duties of treasurer of board. It shall be the duty of the treasurer to countersign all warrants drawn by the president and secretary on the county treasurer, in favor of parties to w r hom the district has become lawfully indebted, and to keep an account of the same. He shall take charge of all moneys received by him on account of the district from the county treasurer, as provided in sections ninety-one and ninety-two of this act, and pay out the same as therein provided. He shall render a statement of the finances of the district, as shown by the records of his office at the close of each school year, and at any other time w r hen required by the board. For a failure to perform any of the duties of his office when directed by the board, or for refusing or neglecting to deliver to his legally qualified successor all money, books or other district property in his possession or care, within ten days after the same shall have been demanded by such successor, he shall be liable on his bond, and shall make good any loss result- ing to the district from such failure or neglect. [Section 91 repealed and 92 is 5946.] 5941. Delinquent officers penalties. No superintendent or district officer shall receive any compensation w r ho has neglected or refused to perform any duty required by law, and any district officer so neglecting or refusing, when specially directed by a majority of the district board, shall be deemed guilty of a misdemeanor; and it shall be deemed a violation of law for any person to draw or sign a warrant for the payment of such delinquent officer, and any person so signing a warrant shall be liable in double the amount <>f such warrant. Till: STATE OF COLORADO. C9 DISTRICT BONDS. 5942. Contracting of bonded indebtedness. The board of directors of any school district may submit at any regular or special election called for the purpose, to such qualified electors of the district as shall have paid a school tax therein in the year next preceding such election, the question of contracting a bonded indebtedness for the purpose of erecting and furnishing school buildings or purchasing ground, or for funding floating debts. [L. '09, p. 494, 1. 5943. Amount of bonded indebtedness. The amount of the bonded indebtedness proposed to be con- tracted shall, prior to such submission to said electors, be deter- mined by said board of directors, but in no event shall the aggregate amount of bonded indebtedness of any school district of the first or second class exceed five per centum, or of any school district of the third class three and one-half per centum, of the assessed value of the property in such district for the year next preceding the date of said bonds. [L. '09, p 494, 2. 5944. Notices posted. Notices of said election shall be posted in at least three public places in the district, and at each polling place at least twenty days before said election, and, if a newspaper is pub- lished in said district, said notice shall also be published therein once a week for four consecutive weeks next preceding such election. Said notice shall specify the purpose of said election, the date and the voting place or places, and the time during which the ballot box or boxes shall be kept open, not less, how- ever, than three hours. [L. '09, p. 495, 3. 5945. Number of voting places. In districts of the first class the school board may order more than one voting place in the district, fix the voting places and the limits of the voting precincts. The president, secretary and treasurer of the district school board may act as judge's of the election or said board may appoint three judges and the necessary clerks for each election precinct in said district, and should any of the judges le absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy. . [L. '09, p. 495, 4. 5945a. Form of ballot. Each elector voting at >aid election shall deposit in the ballot box a ballot whereon shall be printed or written the 70 SCHOOL LAWS OF words: "For the bonds" and the words "Against the bonds," and shall indicate his approval or disapproval of the proposition submitted by placing a cross (X) opposite the group of words on his ballot which expresses his choice. [L. '09, p. 495, 5. 5945b. Any person may be challenged. Any person offering to vote at said election may be chal- lenged by any legally qualified elector of the district, and any one of the judges o'f election shall thereupon administer to the person challenged an oath, as follows: "You do swear (or affirm) that you are a citizen of the United States; that you have resided in the state of Colorado twelve months immediately preceding this election ; that you are twenty- one years of age; that you have resided in this district thirty days next preceding this election and that you have paid a school tax within this school district in the year next preceding this election; and that you have not voted at this election, so help you God (or under the pains and penalties of perjury.)" If he shall refuse to take such oath or affirmation his vote shall be rejected. The judges may, however, reject the vote of any person offering to vote if in their judgment said voter is not qualified according to law, whether said voter takes said oath or not. (L. '09, p. 495, 6. 5945c. Returns certified. Immediately after the close of the polls the judges in each voting precinct shall open the ballot box and count the ballots, and promptly thereafter certify the result to the board of direct- ors of the district. Said board shall, promptly after receiving said returns, open them, canvass the vote and determine the result of the election, and said determination shall be entered in the minutes of the meeting of said board. [L. '09, p. 496, 7. 5945d. Coupon bonds issued, interest Payable, etc. If it shall appear that a majority of all the votes cast are "For the bonds" the board of directors, as soon as practicable, shall issue coupon bonds of the district in denominations of flOO, |500 or |1,000, or all or either of such denominations, or any combination of said denominations, as circumstances may require, bearing interest at not exceeding eight per cent, per annum in districts of the third class, and not exceeding six per cent, per annum in districts of the first and second classes, pay- able semi-annually, and redeemable at the pleasure of the dis- trict at any time after a date to be fixed by said board not less than ten or more than twenty years after date, and payable at THE STATE OF COLOR A I >O. 71 a date to be fixed by said board not less than twenty nor more than forty years from date, the principal and interest payable at the office of the treasurer of the county in which said district or the greater part thereof may be situated, and said board also may make either the principal or interest, or both, payable at some banking house in either the cities of New York or Boston or Chicago, at the option of the holder. [L. '09, p. 496, 8. 5945e. Bonds negotiable. The bonds issued under the provisions of this act shall be payable to bearer. The board of directors of the district is authorized to prescribe the form of such bonds and the coupons thereto. Said bonds shall recite the title of the act under which they are issued, shall be signed by the president of the board of directors, countersigned by the county treasurer, and bear the seal of the district, and the coupons thereto annexed shall be signed by the president of the school board, by original or engraved signature. [L. '09, p. 496, 9. 5945f. County commissioners assess tax, etc. Whenever any school district shall issue bonds under the provisions of this act, it shall be the duty of the board of county commissioners of the county in which said district may be situ- ated to levy and assess a tax on the taxable property of said district in amount sufficient to pay the interest coupons, when the same shall become due, according to their tenor and effect, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him; and if there shall be any surplus after paying the coupons and the expense of collecting such tax, the treasurer shall, without delay, pass the same to the credit of such school district, and such fund so passed to the credit of the district shall be subject to the disposal of the board of directors. In the calendar year next preceding the date fixed by said board after w r hich said bonds are redeemable and annually thereafter, until the full payment of said bonds, the said board of county commissioners shall provide by taxation und shall collect such a per centum of the principal of said bonds as will, in equal annual installments, be sufficient to redeem all of said bonds by the time they mature; which amount shall be assessed and collected the same as the tax for the payment of the interest coupons, and when collected shall be turned over to the treasurer of such school district, such money to be used only in the payment of such bonds in their numerical order, beginning with bond number one, in the manner as follows: 72 SCHOOL LAWS OF The treasurer of such school district, immediately after receiving the money as aforesaid, shall advertise in some newspaper pub lished in his count}-, if there be any, and if not, in the newspaper published nearest the county seat of said county, once a week for four consecutive weeks, that, on a certain day named in the advertisement, he will pay certain of the district bonds, said bonds to be described in the advertisement by number and amount and date of issue, and. the advertisement shall further state that after the day so fixed for payment the interest on the bonds described as aforesaid shall cease and determine. And after the day of payment fixed in said published notice the bonds so called shall cease to draw interest. The said payment shall be made at the office and in the presence of the treasurer of the county, who shall cancel the bonds redeemed, and a minute of such cancellation shall be made on the books of the county treasurer, after which they shall be at the disposal of the district board. [L. '00, p. 496* 10. 5945g. Records of boards of directors Bonds to be registered. Whenever the board of directors of any school district shall issue bonds under the provisions of this act, they shall enter in and upon the records of such board an order requesting the state auditor to register the bonds in a book to be kept by him for that purpose, and when so registered the legality thereof shall not be open to contest by such district or any person or corporation on behalf of such district for any reason whatever; and a certified copy of the order of the board so made and entered of record shall be furnished the state auditor by said board of directors and thereupon it shall be his duty to register said bonds, noting the name of the district and the amount, date of issuance and maturity and rate of interest of said bonds, and he shall receive a fee of ten cents for registering each bond. [L. '09, p. 497, 11. 5945h. Districts in city under special charter. In all school districts which lie entirely within the exterior boundaries of any city operating under a special charter adopted under the provisions of article XX, of the constitution, no person shall be permitted to vote at any election called under the pro- visions of this act unless such person shall first have been registered as hereinafter provided. [L. '09, p. 498, 13. . 5945L No new registration required. For all such elections in the districts mentioned in section 13 no new registration shall be required, except as hereinafter Tin: STATI-: OF COLORADO. 73 provided, but any qualified elector of any such district whose name is on ihe registration books used at the then last, pre- ceding general election, whether county or municipal, and who resides within the district and still resides at the place desig- nated in his said registration, shall be deemed properly regis- tered for any such registration; and additional registration and changes in registration may be made as hereinafter provided. [L. '09, p. 498, 14. 5945J. Registration books furnished by county clerk. On the fourteenth day preceding any such election to be held, the county clerk of the proper county shall deliver to the registration committee of each election precinct the original book of registration for that precinct as prepared and completed for the then next preceding general election, whether county or municipal, and on the tenth day preceding the election thus to be held, or if that day be a legal holiday or a Sunday, then on the succeeding day, the registration committee for each precinct shall sit from nine o'clock a. in. until nine o'clock p. m., at some suitable place to be provided by the county commissioners and centrally located within the precinct as far as practicable, and shall place on the said book of registration, next after the names already thereon, the names of all qualified electors of the district residing in that precinct who are not registered and who shall present themselves for registration and comply with the require- ments prescribed by the general registration laws of this state. [L. '09, p. 498, 15.' 5945k. Removal of elector. Any qualified elector whose name appears upon any such book of registration, but who has removed from the precinct in which he is registered to some other precinct Within such district, may appear before the county clerk at any time within live 1 days prior to any such election, and upon making oath in writing as to his then present residence, said county clerk shall draw a red line through the registration of such person, making a note as follows: "('hanged' 19 to precinct , ward v inserting the date and number of the precinct ami ward therein, and shall register in red ink such person in the book of registration for the precinct in which such person then resides; and a change of residence within the same precinct may he made in like manner. The county clerk or deputy making such a change shall sign his name in the column provided for the signatures of the registra- 74 SCHOOL LAWS OF tion committee, and the person so registered shall also sign his name as in the case of an original registration. [L. '09, p. 499, 16. 59451. Books returned. Immediately after completing such registration said regis- tration committee shall deliver the original book of registration to the county clerk, who shall retain the same until the day prior to the election, when he shall deliver the same to the judges of election selected by said board of directors for their use at such election, properly certified, but the county clerk shall not, for any such election, make and furnish any copy of such regis- tration list at public expense, nor shall he make any charge for delivering said original books of registration as required herein; but his compensation for all other matters hereby required shall be as fixed by the registration laws of this state. [L. '09, p. 499, 17. 5945m. Petition for purging lists. At any time prior to the delivery of the original book of regisration to the registration committee of the precinct, as herein provided, a petition for purging the list may be filed as to the registration list appearing therein, and at any time prior to the seventh day before election a petition may be filed for purging the list of additional registrations made as herein pro- vided, which petition and the procedure and relief thereunder shall be the same, as near as may be, as provided in the regis- tration laws of this state. And the registration and election laws of this state shall govern in all matters connected with the making of said registration except as herein otherwise provided. [L. '09, p. 500, 18. 5945n. Repealing clause Proceedings under repealed acts. Sections 5942, 5943, 5944 and 5945, and all other acts and parts of acts inconsistent herewith, are hereby repealed; Pro vided, That the repeal of said acts and parts of acts shall in no wise affect any bonds issued thereunder. Any and all proceedings heretofore had or which are now being had or carried forward, under the acts hereby repealed, or any, all or either of them, may be carried forward, completed or consummated under this act, and bonds contemplated by such procedure may be issued in the form and with the terms and according to the provisions of this act. [L. '09, p. 500, 19. NOTE Sections repealed refer to sections as they appear in R. S., 'OS. THE STATE OF COLORADO. 75 5946. Redemption of bonds premium. In all districts that have issued bonds under the pro- visions of the laws of the territory of Colorado, the treasurer of the district, immediately after receiving the annual installment of the fund for the redemption of said bonds, as provided in section ninety-one (91), shall go into the market, and at the low- est price for which he can obtain such bonds, shall use such fund in the retiring of such bonds to the extent of such fund; Pro- vided,, That the said treasurer shall not pay more than five per cent premium on any bonds of his district, and any balance of said funds remaining in the hands of said treasurer shall be invested as nearly as possible in United States bonds or state bonds of Colorado. [Section 91, above referred to, is repealed.] 5947. U. S. bonds, how kept proceeds sale. All United States or state bonds which may come into the hands of any district treasurer, under the provisions of this act, shall be duly recorded in the books of the district, and deposited in the safety vault of some bank within the state, selected by the district board. The interest coupons of said bonds shall be duly collected by the district treasurer, and the proceeds turned over to the county treasurer, to be used in the payment of the interest coupons of the bonds of such district, and the annual tax for the payment of the interest on said bonds shall be proportionately lessened. Said United . States or state bonds shall be sold by the district board at the best market rates, and the proceeds thereof used to redeem the bonds of the district when the same become due, or when they can be bought at not to exceed five per cent, premium. 5948. Change of boundaries not release property annexed property. No change in the boundary lines of such school dis- trict shall release the taxable real estate of the district from assessment and levy of taxes to pay the interest and principal of such bonds, and if there shall be any change of the lines of such school district, so as to leave any portion of the taxable real estate of the district out of the district, which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy for principal and interest of such bonds shall be made on such property as if it were still within the dis- trict, and if there shall be any change of the lines of such school district, so as to annex any taxable real estate, after the issue of such bonds, the real estate so annexed shall thereafter be subject to the assessment and levy for principal and interest of such bonds. 76 SCHOOL LAWS OF 5949. County treasurer's fees. The treasurer of the county shall receive the same compen- sation for the collection of such special taxes as he does for other school taxes. REFUNDING BONDS. 5950. Refunding bonds when issued interest redemption. That when the bonded indebtedness of any school dis- trict in this state has matured, or may hereafter mature, or has or may hereafter become redeemable at the pleasure of the district, and there shall not be funds in the treasury of such school district available for that purpose with which to redeem or pay such bonds, it shall be lawful for the board of directors of such school district to issue and sell new bonds, equal to the sum necessary and no, appoint one member from each of the adjoining or outlying districts composing such union high school districts, who shall, together with the members of the regularly organized district in which the building is located, constitute the school board of such union high school district. Each following year the members of the school board shall be elected at the reg- ular annual meeting of the several districts. 5977. Qualification of pupils course of study. The qualifications necessary to enter such union high school shall be a diploma from the county superintendent upon completion of the eighth grade work, or a certificate issued upon grades in lien of the eighth grade work. The county super- intendents of the several counties shall, at their first annual state meeting, appoint a committee of five, who shall formulate a course of study for such union high schools, such course to be uniform in all the grades. COUNTY HIGH SCHOOLS. 5977a. Counties classified. For the purposes of this act the several counties of this st alt- shall be classified with reference to population and divided into live classes as provided by sections 2565, iiriWJ and ~r><>7 of the revised statutes of Colorado, 190S, as follows: The city and county of henver, unless otherwise provided in the charter thereof, shall be first class; 101 Paso, Teller ami Pueblo counties shall be second class; Moulder. Fremont, Lake, Pitkin, Las Aniiuas and Weld counties shall be third class; Adams, Arapahoe, Chaffee, Clear Creek. Conejos, Costilla, Delta. Douglas. Kagle, C.arlield. C.ilpin. Ciimiiison. lluerfauo. Larimer. La Plata, Logan. Mesa. Mont rose. Morgan, Ouray. Otero. Park. Prowers, .Jefferson. Rio C.rande, Kouti, Saguache. San Miguel ::ud San Juan counties shall be fourth class; Arrhiilela. IJaca. Peiit. Cheyenne. Custer Dolores. Klberl, (Jrand. llinsdale. Ki- (,wa. Kit Carson. Lincoln, Monte/uma, Mineral, Phillips, Rio Blanco, Sedgwick, Summit , Washington and Viiuia counties shall be fifth class. The counties of the fourth class shall be divided into two divisions, known as "A" and '*!>." 82 SCHOOL LAWS OF The counties comprising division "A" shall be Adams, Arap ahoe, Chaffee, Clear Creek, Conejos, Douglas, Garfield, Gilpin, Gunnison, Huerfano, Jefferson, Larimer, La Plata, Mesa, Otero, Ouray and San Miguel; and the counties comprising division "B" shall be Costilla, Delta, Koutt, Eagle, Logan, Montrose, Mor- gan, Park, Prowers, Rio Grande, Saguache and San Juan. [L. '09, p. 397, 1. 5977b. Special notice of election. On the petition of fifty voters having the qualifications here- inafter prescribed, of any county of the second, third, fourth or fifth class, the county superintendent of public schools of such county shall give notice not less than twenty days before any regular meeting now or which may hereafter be provided by law, for electing members of school boards in the respective districts of the state, that the question of organizing the county into one high school district for high school purposes, will be submitted to the qualified voters of the respective school districts in the county, at such meeting. Qualified voters of a joint school dis- trict who may reside in any county proposing to organize as aforesaid, shall be entitled to vote at said meeting. [L. '09, p. 398, 2. 5977c. Notices to be posted. The county superintendent shall cause to be posted in the manner hereinafter prescribed, notices in each school district in the county, that such petition has been made and that at the next regular meeting for electing members of school boards, the question of organizing the county into one high school district for high school purposes, will be submitted to the qualified vot- ers of the district. The secretary of each school board shall, under the direction of the county superintendent, cause written or printed notices to be posted in his district, specifying the pur pose, the day and the place or places of such election, and the time during which the ballot box or boxes shall be kept open, not less, however, than three hours. The time and place specified in such notice shall be the same time and place at which the reg- ular election of members of the school board shall be held. Said notices shall be posted in at least three public places in the dis- trict, one of which shall be the school house, if there be one, at least twenty days previous to the time of such election. [L. '09, p. 398, 3. 5977d. Who may vote Form of ballot. Every legally qualified elector of his district entitled to voie for members of school boards, and none other, shall be entitled THE STATE OF COLORADO. 83 to vote at such meeting upon such question of organization. After the organization of the meeting for the election of mem- bers of the school board, the qualified electors shall proceed to vote by ballot on the question whether or not the proposed high school district for high school purposes, shall be organized. Those in favor of organization shall vote "For the organization," and those opposed, "Against the organization." The ballots upon the question of organization shall be deposited by the voters in a separate ballot box to be provided by each school district for said purpose. The president, secretary and treasurer of the district school board shall act as judges of the election and should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy. [L. '09, p. 398, 4. 5977e. Canvass. Immediately after the closing of the polls the judges shall open the ballot box and proceed to count the votes polled, and the counting thereof shall be commenced and continued until fin- ished before the judges shall adjourn. As soon as all the ballots shall have been counted, the judges shall make out a certificate under their hands certifying the whole number of votes cast upon the question of organization and the number of votes cast for organization and the number of votes cast against organization. Said certificate, together with the ballots cast upon the question, shall then be enclosed and sealed up under suitable cover, and directed to the county superintendent of the county in which such election is held, and the packet thus sealed shall be sent by registered letter, where practicable, otherwise it shall be conveyed by one of the judges of the election, to be determined by lot if they cannot agree otherwise, within three days after the closing of the polls. [L. '09, p. 399, 5. 5977f. Record of votes preserved by county superintendent. On the tenth day after the close of the election, or sooner if all the returns be received, the county superintendent of the county shall proceed to open the said returns and determine the result of the election therefrom. Said county superintendent shall make and permanently preserve in his office a record of the total number of votes cast upon the said question of organi- zation, and the number of votes cast for organization and against organization. If it shall appear from such record that the ma- jority of the votes cast on the question of organizing the county into one high school district for high school purposes shall be in favor of such organization the county superintendent of public 84 SCHOOL LAWS OF schools of such county shall, by notification by mail and by pub- lication where practicable, call a meeting of the directors of the respective districts of said county, which meeting shall be held at the office of said county superintendent not later than thirty days after the election herein provided for. Such meeting shall be organized by the election of a temporary chairman and secre- tary, and the directors present shall then proceed to elect by ballot from among the members of said boards of directors four persons, who with the county superintendent of public schools as an ex offlcio member, shall be known as the high school com- mittee. No two members of any board of directors shall at the same time be members of the high school committee, except in counties where there are less than four districts. Immediately after its election as aforesaid the committee shall select from its members a president and a treasurer. The county superintend- ent of schools shall be ex offlcio the secretary of the committee. [L. '09, p. 399, 6. 5977g. Term of members of high school committee. The term of office of each member of the high school com- mittee shall expire simultaneously with the expiration of his term of office as a director of the school district wherein he resides, and the vacancy thus created shall be filled by the directors of the various school districts of the county, at a meet ing held at the office of the county superintendent not later than thirty days after the occurrence of the vacancy. The secretary of the committee shall give each director at least ten days' notice by mail of the holding of such meeting. All vacancies caused in any other manner than by expiration of term of office shall be filled by appointment by the county superintendent of public- schools. [L. '09, p. 400, 7. PROVISIONS APPLICABLE TO BOTH UNION AND COUNTY HIGH SCHOOLS. 5977h. Meetings of committee. The regular meetings of the high school committee shall be held on the first Saturday of March, June. September and De- cember in each year, and special meetings may be held upon call of the president or secretary of the committee or upon request of any two members thereof. [L. '09, p. 400, 8. 5977i. High school district a body corporate. Each regularly organized high school district heretofore formed, or that may be formed, as provided in this act, is hereby Till-: STATE OF COLORADO. 85 declared to be a body corporate, by the name and style of " ........ . ................... county high school district in the state of rolorado," and in that name may hold property and be a party to suits and contracts, the same as municipal corpora- tions in this state. [L. '09, p. 400. $0. 5977J. May hold real estate. It shall be lawful for any high school district in this state to take and hold, under the provisions of any law now or here- after in force providing for the exercise of the right of eminent domain, so much real estate as may be necessary for the location and construction of a high school building or buildings and convenient use of the high school. [L. '09, p. 401, 10. 5977k. Powers and duties of committee. Every high school committee, unless otherwise provided by lnw, shall have the power, and it shall be their duty: First To employ or discharge teachers, mechanics and laborers, to fix and order paid their wages, and to determine the rate of tuition for non-resident pupils. Second To enforce the rules and general regulations of the state superintendent, to fix the course of study, the exercises and kind of text books to be used; Provided. That but one kind of text book of the same grade or branch of study shall be used in the same department of a high school, and that after the adop- tion of any book it shall not be changed in less than four years. unless the price thereof shall be unwarrantably advanced, or the mechanical quality lowered, or the supply stopped. Third To provide for school furniture, and for everything needed in the high school building, or for the use of the high school committee. Fourth- To rent, repair and insure high school buildings. Fifth To build or remove high school buildings, and to purchase or sell school lots when directed by a vote of the high school district so to do. tfi.rth To hold in trust for their high school district all real or personal property 1'or the benefit of the high school thereof. Xovy///f--To suspend or expel pupils from the high school who refuse to obe the rules thereof. To determine the n-uniber of teachers that shall be employed and the tcnglh of time in cadi year during which the high school, shall be kept, and to fix the time for the opening or closing of the high school. 86 SCHOOL LAWS OF Ninth To provide books for indigent children on the writ- ten statement of the teachers that the parents of such children are not able to purchase them, and to furnish free text books for the use of all pupils, when authorized to do so by a majority vote of the high school district, as expressed at any regular or special meeting. Tenth To require all pupils to be furnished with the proper and suitable books as a condition of membership in the high school. Eleventh To exclude from the high school and its libraries all books, tracts, papers and other publications of an immoral or pernicious tendency. Twelfth To require teachers to conform to the law. Thirteenth To make an annual report, as required by law, to the county superintendent, on or before the first day of August of each year, in the manner and form and on the blanks pre- scribed and furnished by the superintendent of public instruc- tion. Fourteenth To make a report directly to the state super- intendent whenever instructed by him so to do. Fifteenth Whenever a pupil resident in one high school district desires to attend the high school in another high school district such pupil shall be permitted to do so; Provided, That the high school committee may refuse to admit pupils from other high school districts upon the ground of insufficient room. [L. '09, p. 401, 11. 59771. Powers and duties of president. The president, when present, shall preside at all meetings of the high school committee and of the high school district; shall sign all orders on the county treasurer for the payment of money; Provided, however, That no orders shall be drawn upon the county treasurer except in favor of parties to whom the high school district has become lawfully indebted. He shall appear in behalf of his high school district in all suits brought by or against the same, but when he is individually interested this duty shall be performed by the secretary, and in the absence of the president the secretary shall preside at the committee and district meetings. [L. '09, p. 402, 12. 5977m. Powers and duties of secretary. The secretary shall keep an accurate account of the expenses incurred by the high school district, and shall present the same to the committee whenever called upon. He shall give the re- quired notice of all regular and special meetings as herein au- THE STATE OF COLORADO. u7 thorized. He shall keep the same records and make the same rr ports as are now or may hereafter be required by law to be kept and made by secretaries of public school districts. [L, '09, pp. 402, 403, 13. 5977n. Powers and duties of treasurer. The treasurer shall countersign all warrants drawn by the president and secretary on the county treasurer, in favor of parties to whom the high school district has become lawfully indebted, and keep an account of the same. He shall take charge cf all moneys received by him on account of the high school district from the county treasurer, as now provided by law, and pay out the same as by law provided. He shall render a state- ment of the finances of the district, as shown by the records of his office, at the close of each school year and at any other time when required by the committee. The treasurer shall per- form such additional duties and be subjected to such additional obligations as are now or may hereafter be imposed by law upon the treasurers of public school districts. [L. '09, p. 403, 14. 5977o. Powers and duties of directors unchanged. Each high school district heretofore formed or that may be formed, as provided in this act, shall exercise all the powers and perform all the duties that are at the time of the adoption of this act accorded to and required of directors of first and second class districts throughout the state; Provided, That the amount of tax certified to the county commissioners for the maintenance of the high school in any high school district shall in no case exceed four mills on the dollar of the assessed valua- 1ion of the high school district. [L. '09, p. 403, 15. 5977p. Tax levied by county commissioners. The county commissioners of any county wherein is a high school district heretofore organized according to law, or where any high school district is organized under the provisions of this act, or heretofore organized as a union high school at any county seat, under section 5956 of the Revised Statutes of Colorado of 1908, shall levy annually, at the time of levying taxes for other purposes, a high school tax on all the taxable property of the county, said tax not to exceed four mills on the dollar of the assessed valuation. The high school tax shall be assessed and collected in the same manner as other taxes are assessed and collected and shall be paid out by the county treas- urer on warrant drawn by the president and secretary of the 88 SCHOOL LAWS OF high school committee and countersigned by the treasurer thereof. [L. '09, p. 403, 16. 5977q. On petition notice of election to be given. On the petition of fifty voters having the qualifications here- inafter prescribed, of any high school district, the county super- intendent of public schools and ex officio secretary of said (dis- trict shall give notice, not less than twenty days before any regular meeting now or which may hereafter be provided by law, for electing members of school boards in the respective districts of the state, or special meeting held under the pro- visions of this act, that the question of contracting a bonded debt for the purpose of erecting and furnishing high school buildings, or purchasing ground, or for funding floating debts, will be submitted to such qualified voters of the high school district as have paid a school tax therein in the year next pre- ceding said meeting. Notice of such meeting shall be given arid such meeting shall be held and conducted and the returns thereof made and the result declared in the manner as nearly as may be ns is by this act provided for the organization of high school districts. Any person offering to vote at such meeting in the respective public school districts of the high school district may be challenged by any legally qualified elector of the district and any one of the judges of election shall thereupon administer to the person challenged an oath as follows: "You do swear (or affirm) that you are a citizen of the United States; that you have resided in the state of Colorado one -year immediately preceding this election; that you are twenty-one years of age; that you have resided in this district thirty days next preceding this election, and that you have paid a school tax within this school district in the year next preceding this election, and that you have not voted at this election, so help you God (or under the pains and penalties of perjury)." If he shall refuse to take such oath or affirmation his vote shall be rejected. The high school committee of any such high school district shall first agree, and certify the amount of in- debtedness to be created, if any. In no case shall the aggregate amount of bonded indebtedness of any high school district for high school purposes exceed two per cent, of the assessed value of the property of such high school district. At such election a separate ballot box for this purpose shall be provided and the qualified electors shall vote by ballot "For high school bonds" or "Against high school bonds." If it shall appear from the final record of the county superintendent that a majority of all Hie votes cast are for the high school bonds, the high school committee, as soon as practicable thereafter, shall issue coupon Till-: STATK OF COLOKAIH >. 89 bonds of I he high school district, bearing interest not exceeding- six ]>er cent, per annum, payable semi-annually and redeemabl" at the pleasure of the high school district at any time after a date to be tixed by said high school committee not less than ten years after date, and to be absolutely due and payable at a date to be tixed by said high school committee not less than twenty nor more than forty years from date, the principal and interest payable at the otlice of ihe treasurer of the county in which said high school district may be situated, or the interest may be pay- able in the city of New York, at the option of the holders thereof, and the canceled coupons shall be at the disposal of the high school committee. All such bonds so issued shall be signed by the president of the high school commit lee, and shall have the seal of the high school district attached, attested by the secretary, and. shall be countersigned by the county treasurer, and the coupons thereto annexed shall be signed by the president of the high school committee by original or engraved signature. [L. 01). p. 404, 17. 5977r. Bonds to be registered in special book. Whenever any high school district shall issue bonds under the provisions of this act, all such bonds shall, previous to being negotiable, be presented to the recorder of the county to be duly registered by him in a book kept ,for that purpose in his office, noting the amount, time of payment and rate of interest, and all such bonds shall state on their face that they are issued under the provisions of this act. [L. '()!), p. 405, 18. 5977s. Commissioners levy tax for payment of interest, etc. Whenever any high school district shall issue bonds under the provisions of this act it shall be the duty of the board of commissioners of the county in which said district may be situated to levy and assess a special tax on all the taxable prop- erty of such high school district, in amounts suflicient to pay the interest coupons thereon, when the same sliall become due. according to their tenor and effect, and the county treasurer shall collect the same as other taxes are collected, in cash only, kec ping the same separate from other funds received by him; and if there shall be any surplus after paying the coupons and the expenses of collecting such special tax the treasurer shall with- out delay pass the same to the credit of such high school district, and such fund so passed to the credit of such district shall be subject to the disposal of the high school committee. And in the calendar year next preceding the date fixed by said high school committee after which said bonds are redeemable, and 90 SCHOOL LAWS OF annually thereafter until the full payment of said bonds, the said county commissioners shall provide by taxation and shall collect such a per centum of the principal of said bonds as will, in equal annual installments, be sufficient to redeem all of said bonds by the time they mature, which amount shall be assessed and collected the same as the tax for the payment of the interest coupons, and when collected shall be turned over to the treasurer of such high school district, such money to be used only in the payment of such bonds, in the manner as follows: The treasurer of such high school district, immediately after receiving the money as aforesaid, shall advertise in some news- paper published in his county, if there be any, for four successive weeks, that on a certain day named in the advertisement he will pay certain of the high school district bonds, said bonds to be described in the advertisement by number and amount, and the advertisement shall further state that after the day so fixed for payment the interest on the bonds described as aforesaid shall cease and determine. The said payment shall be made at the office and in the presence of the treasurer of the county, who shall cancel the bonds redeemed, and a minute of such cancella- tion shall be made on the books of the county recorder, after which they shall be at the disposal of the high school committee. [L. '09, p. 405, 19. 5977t. Bonds to be redeemed. In all high school districts that may issue bonds under the provisions hereof, the treasurer of such district, immediately after receiving the annual installment of the fund for the re- demption of said bonds, as provided in the foregoing section hereof, shall go into the market and at the lowest possible price for which he can obtain such bonds shall use such fund in the retiring of such bonds to the extent of such fund. [L. '09, p. 406, 20. 5977u. Change in boundary not affect taxable district. No change in the boundary lines of such high school district shall release the taxable real estate of the district from assess- ment and levy of taxes to pay the interest and principal of such bonds, and if there shall be any change of the lines of such high school district, so as to leave any portion of the taxable real estate of the district out of such district, which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy for principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the lines of such THE STATE OF COLORADO. , 91 high school district, so as to annex any taxable real estate after the issue of such bonds, the real estate so annexed shall there- after be subject to the assessment and levy for principal and interest of such bonds. [L. '09, p. 407, 21. 5977v. Compensation of county treasurer. The treasurer of the county shall receive the same compen sation for the collection of such special taxes as he does for other school taxes. [L. '09, p. 407, 22. 5977w. Special meetings. In any high school district the high school committee may at any time call a special meeting of the electors of such district for any of the purposes specified in this act, and the notice of such special meetings shall be given and such special meeting shall be held and the result thereof declared, in the same manner, as nearly as may be, as is provided by this act in the case of meetings for the organization of high school districts. [L. '09, p. 407, 23. 5977x. What H. S. districts subject to provisions of this act, etc. All high school districts organized and now existing under the provisions of chapter 100 of the Session Laws of Colorado, 1899, being "An act to provide for the establishment and support of high schools in counties of the fourth and fifth classes," ap- proved April 8th, 1899, or under chapter 219 of the Session Laws of Colorado, 1907, being "An act to amend an act entitled an act to provide for the establishment and support of high schools in counties of the fourth and fifth classes," approved April 9th, 1907, are hereby declared to be duly organized high school dis- tricts under the provisions of this act, and entitled to enjoy all the privileges and exercise all of the powers conferred by this act, and shall hereafter be subject to the provisions of this act; Provided, That no school district in any county shall be taxed without its consent for the support of more than one class or kind of high school, the establishment of which is authorized by law; and in voting on the organization of a county high school district under the provisions of this act, any school district then maintaining a high school or any school districts then organized into a union high school district and maintaining therein a union high school may by voting against the organization of a county high school district be excluded from such county high school district; but if any school district maintaining a high school or districts maintaining a union high school shall, under the pro- 92 SCHOOL LAWS OF visions of this section, vote against the organization of a county high school district, the ballots cast in such district or districts shall be considered only upon the question of exclusion and shall not be considered in determining the final result upon the ques- tion of organizing a county high school district. And providing, further. That any school district maintaining a high school, or any districts organized into a union high school district and maintaining therein a union high school, may abandon such high school organization and organize under the provisions of this act. [L. '09, p. 407. 24. TRUANT SCHOOLS. 5978. Establishment of parental or truant schools. That in cities having a population of 100,000 inhab- itants or more, there shall be established, maintained and conducted within two years from the date of taking effect of this act, one or more parental or truant schools for the purpose of affording a place of confinement, discipline, instruction and maintenance of children of compulsory school age who may be committed thereto in the manner hereinafter provided. [Appointment and duties of truant officer. Sections 534 and 535.] 5979. School sites secured supplies. For the purpose of establishing such school or schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such cities ; but no such school shall be located at or near any penal institution. And it shall be the duty of the board of education to furnish such schools with such furniture, fixtures, apparatus and provi- sions as may be necessary for the maintenance and operation thereof; Provided, That nothing in this act shall be construed to permit an increase of the levy for school purposes beyond the limit fixed by law. 5980. Officers and teachers. The board of education may also employ a superintendent and all other necessary officers, agents and teachers; and shall prescribe the methods of discipline and the course of instruction and shall exercise the same powers and perform the same duties as is prescribed by law for the management of other schools. 5981. Religious instruction and training. Xo religious instructions shall be given in said school, except such as is allowed by law to be given in public THE STATE OF COLORADO. 93 schools; but the board of educai ion shall make suitable regula- tion so that the inmates may receive religious training in accord- ance with the belief of the parents of such children, either by allowing religious services to be held in the institution or bv arranging for attendance at public service elsewhere. 5982. Petition to commit truant to school. It shall be the duty of any truant officer ^ or agent, of such board of education to petition, and any reputable citizen of the city may petition the county court of the county to in- quire into the case of any child of compulsory school age who is not attending school, or who has been guilty of habitual truancy, or of persistent violation of the rules of the public schools, and the petition shall also state the names, if known, of the father and mother of such child, or the survivor of them; and if neither father nor mother of such child is living, or cannot be found in the county, or if their names cannot be ascertained, then the name of the guardian, if there be one known, and if there be a parent living whose name can be ascertained, or a guardian, the petition shall show whether or not the father or mother or guard- ian consents to the commitment of such child to such parental or truant school. Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed, the judge of the county court shall have such child named in the petition brought before him for the purpose of determining the application in said petition contained. But no child shall be committed to such school who has never been convicted of any offense punishable by confinement in any penal institution. 5983. Clerk issue writ return notice. rpon Ihe filing of such petition the clerk of the court shall issue a writ to the truancy officer of the -district, directing him to bring such child before the court; if the court shall find the material facts set forth in the petition are true, and if in the opinion of the court such child is a fit person to be committed to such parental or truant school, to be kept there until he or she arrives at the age of fourteen years, unless sooner discharged in the manner hereinafter set forth, subject to the right of appeal as in cases of misdemeanor in the county courts. Before the hearing aforesaid, notice in writing shall be given to the parent or guardian of such child, if known, of the proceedings about, to be instituted, that he or she may appear and resist the same, if thev so desire. 94 SCHOOL LAWS OF 5984. Parent pay cost of keeping child. It shall be the duty of the parent or guardian of any child committed to this school to pay the actual cost of board of such child and provide suitable clothing upon his or her entry into such school, and from time to time thereafter as it may be needed, upon notice in writing from the superintendent or other proper officer of the school. In case any parent or guardian shall refuse or neglect to furnish such clothing or pay for such board, the same may be provided by the board of educa- tion, and such board may have an action against such parent or guardian of said child to recover the cost of such clothing and board, with 10 per cent, additional thereof. 5985. Rules for parole. The board of education of such city shall have power to establish rules and regulations under which children committed to such parental or truant school may be allowed to return home upon parole, but to remain while upon parole in the legal custody and under control of the officer and agents of such school and subject at any time to be taken back within the enclosure of such school by the superintendent or any authorized officer of said school, except as hereinafter provided; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of edu- cation. No child shall be released upon parole in less than four weeks from the time of his or her commitment, nor thereafter until the superintendent of such parental or truant school shall have become satisfied from the conduct of such child that, if paroled, he or she will attend regularly the public or private school to which he or she may be sent by his or her parents or guardians, and shall so certify to the board of education. 5986. Report of principal. It shall be the duty of the principal or other per- son having charge of the school to which such child so released on parole may be sent, to report at least once each month to the superintendent of the parental or truant school, stating whether or not such child attends school regularly, and obeys the rules and regulations of such school; and if such child so released upon parole shall be regular in his or her attendance at school, and his or her conduct as pupil shall be satisfactory for a period of one year from date, on which he 4 or she was released upon parole, he or she shall then be finally discharged from the par- ental or truant school, and shall not be recommitted thereto, ex- cept upon petition as hereinbefore provided. [Report of truant officer when child too poor to attend school. Section 537.] Till-: STATE OF COLORADO. 95 5987. Penalty for violating parole second parole. In case any child released from school upon parole, as hereinbefore provided, shall violate the conditions of his or her parole at any time within one year thereafter, he or she shall, upon the order of the county court, as hereinbefore provided, be taken back to such parental or truant school, and shall not be again released upon parole within the period of three months from the date of such re-entering; and if he or she shall violate the conditions of a second parole, he or she shall be recommitted to such parental or truant school, and shall not be released therefrom on parole, until he or she shall remain in such school at least one year. 5988. Incorrigible children. In any case where a child is incorrigible and his or her influence in such school shall be detrimental to the interests of the other pupils, the board of education may authorize the superintendent or any officer of the school to represent these facts to the county court by petition; and the court shall have power to commit such child to some juvenile reformatory. 5989. When act applicable to cities of less than 100,000 population. The boards of education in cities having a population of over 25,000, and less than 100,000 may establish, maintain and operate a parental or truant school for the purpose herein- above specified, and in case of the establishment of such a school, the boards of education shall have like power in their respective cities as hereinbefore expressed; Provided, That no board of trustees or board of education under this section shall put this law into effect until submitted to a vote of the people and adopted by a majority vote at some general election, in which case school districts in the same municipality may unite in the establishment and maintenance of one such truancy school. TEACHERS. 5990. Teachers must have license exceptions. No district board shall employ any person to teach in any of the public schools of the state, unless such per- son shall have a license to teach, issued from the proper district, county or state authority, and in full force at the date of em- ployment ; and any teacher, who shall commence teaching in any such school without such license, shall forfeit all claim to com- pensation out of the school fund for the term so teaching with- out such license. And if a teacher's license shall expire by its 96 SCHOOL LAWS OP own limitation within a term of employment, such expiration shall not have the effect to stop the school, or stop the teacher's pax ; Provided, That a teacher whose certificate so expires, if the term of school for which such teacher is employed extends more than one month after such expiration, shall secure a new certifi- cate, or a renewal of the one held while the same is in force; And, prodded, further, That a certificate shall not be required of persons employed to teach either music, drawing, or modern languages only. No teacher shall be dismissed without good cause shown, and such teacher shall be entitled to receive pay for services rendered. 5991. County examinations notice certificate. On the third Thursday in August, December' and March in each year the county superintendent shall meet all persons, of not less than eighteen years of age, desirous of passing an examina- tion as teachers, in some suitable room at the county seat, notice of which will be given in some newspaper in the county, or in case there is no paper published in the county he shall give such notice as may by him be deemed necessary, at which time he shall examine all such applicants in orthography, reading, writ- ing, arithmetic, English grammar, geography, history and consti- tution of the United States and the constitution of Colorado, civil government, physiology, natural sciences, theory and prac : tice of teaching, and the school law of the state. If the applicant is to teach in a school of high grade, the examination shall ex- tend to such additional branches of study as are to be pursued in such school. If satisfied of the competency to teach and of the good moral character of the applicant, he shall give such appli- cant a certificate, as provided in the following section, but he shall not issue a certificate except one of like grade unless the applicant be examined at the regular state examinations. He may, however, in case of emergency, recognize county teachers' certificates issued in this or other states by endorsing thereon the word "Good" until the next regular county examination; Provided, That the certificates so endorsed shall be in full force at the date of such endorsement, and shall not be renewed, ex- tended, nor show a previous endorsement thereon. If the attend- ance upon the examination at the county seat shall work a great hardship to five or more teachers in the county, the county super- intendent may provide for such teacher or teachers to take the examination at some convenient place, and the county superin- tendent may appoint some suitable person to conduct such ex- amination, who shall without delay report to the county super- intendent the written answers of each application. Sue 5 !! person THE STATE OF COLORADO. 1)7 shall be entitled to five (5) dollars per day for conducting such examination, and such services shall be certified by the county superintendent to the county commissioners. 5992. Applicant for certificate pay fee. Each applicant for a teacher's certificate at any regu- lar county examination, and each successful applicant for a renewal or endorsement of a certificate, or for the issue of a like grade certificate, shall pay for the privilege of such examination, renewal, endorsement or issue of like grade certificate, a fee of one dollar, which shall be collected by the county superintendent of schools and forwarded, with his report of each examination, fo the superintendent of public instruction. 5993. Disposition of fees. , All fees thus collected and remitted to the superintendent of public instruction shall be turned over to the state treasurer and shall constitute a state normal institute fund. 5994. Grades of certificates record first class district. The certificates issued by the county superintendent shall be of three grades, distinguished as first, second and third. The first grade certificate shall be valid for three years and may be renewed by the county superintendent of the county in which it was issued; the second grade certificate shall be valid for eighteen months, the third grade certificate shall be valid for nine months; Provided, however. That not more that two certifi- cates of the same grade shall be issued to the same person. A county superintendent may upon the application of a teacher holdiYig a first grade certificate received at a regular examination in another county in the state and in full force at the time issue to said teacher a certificate of like grade; Provided, That such certificate shall not show the standing in each branch nor be subject to renewal but shall show the conditions upon which it is issued. And he may revoke certificates of any grade at any time, for immorality, incompetency or other just cause. It shall be deemed a violation of law to grant certificates of any of the above grades, except one of like grade, without requiring the applicant to pass a thorough and satisfactory examination in such branches and at such times as are specified in section 15 of this act, and in all such examinations the questions prepared by the superintendent of public instruction shall be used. In case a certificate is revoked or refused by the county superintendent. the right of appeal to the stale board of education shall not be denied the teacher or applicant, if said appeal be taken within 98 SCHOOL LAWS OF thirty days from date of notice of such revocation or refusal. The county superintendent shall keep an official record in a suit- . able book of the persons so examined, containing the names, age, nativity, date of examination and grade of certificate issued ; he shall also retain for three months the written answers of all applicants at the regular examinations and hold the same subject to the order of the state board of education; Provided, further, That in a school district of the first class the examination may be conducted by the school board of such district in such manner and at such times as the board may determine, who shall have power to issue district certificates of the same grades and under the same conditions as are specified in sections 15 and 16 of this chapter, said certificates, however, shall be reported to the county superintendent, who shall keep a record of the same and shall be valid only in the district where issued. Such boards may, however, if they see fit, issue certificates without examinations to high school teachers who hold satisfactory evidence of adequate train- ing for the work they are to do. [Section 15 above referred to is section 5991.] [Section 16 above referred to is section 5994.] 5995. Teachers keep register disposition of register failure to keep. It shall be the duty of the teacher of every public school in this state, to keep, in a neat and business like manner, a daily register, in such form and upon such blanks as shall be prepared by the superintendent of public instruction. At the close of each term of school, not to exceed four months, the teacher shall file the summary in such register, and, in ungraded schools, file the register with the secretary of the district, who shall preserve the same; in graded schools the register aforesaid shall be filed with the principal or superintendent of the district, in which case said principal or superintendent shall make an abstract of the summaries of all such registers upon blanks pre- pared by the superintendent of public instruction, and file the same with the secretary, which shall also be preserved. The teacher, principal or superintendent, as the case may be, who is in charge of the last term of school in any school year, shall file with the secretary a summary of the statistics for the year, as shown by the summarized reports of all the terms during the year. The principal teacher of every public school, within one week after the beginning of each term, shall notify the county superintendent of the date of such beginning and the proposed length of the term. Nothing in this section shall be construed to prohibit any district board from requiring teachers, principals and superintendents to keep any additional registers and records of statistics which such board may deem desirable. Until the THE STATE OF COLORADO. 99 registers, summaries and abstracts herein above described have been filed, as aforesaid, it shall be unlawful for the officers of any district to draw a warrant for the last month's salary of any teacher, principal or superintendent, whose duty it is to make and file such register, summary or abstract. All blanks required in the execution of this section shall be supplied by the superin tendent of public instruction to county superintendents, and by them to district secretaries. 5995a. Teacher report defectiveness. Every teacher in the public schools shall report the mental, moral and physical defectiveness of any child under his super- vision, as soon as such defectiveness is apparent, to the principal, or, where there is no principal, to the county superintendent. Such principal or county superintendent shall promptly notify the parents or guardian of each child found to be defective, of the child's defectiveness, and shall recommend to such parents or guardian that such child be thoroughly examined as soon as possible by a competent physician or surgeon, with special refer- ence to the eyes, ears, nose, throat, teeth and spine. If the parents or guardian of such child shall fail, neglect or refuse to have such examination made and treatment begun within a reasonable time after such notice has been given, the said prin- cipal or superintendent shall notify the state bureau of child and animal protection of the facts; Providing, however, That whenever it shall be made to appear to the said principal or superintendent, upon the written statement of the parent or guardian of said child, that such parent or guardian has not the necessary funds wherewith to pay the expenses of such examina- tion and treatment, the said principal or superintendent shall cause such examination and treatment to be made by the county physician of the district wherein said child resides; and it sliall be the duty of such county physician to make such examination and treatment, and if he be unable to properly treat such child he shall forthwith report such fact to the county commissioners of the county, with his recommendation. [L. '09, p. 490, 2. 5995b. Teachers' retirement fund under control of directors. In every school district of the first class there may be created a school teachers' retirement fund, which shall be con- trolled by the board of school directors of the school district concerned. [L. '09, p. 512, 1. 5995c. Payable to whom. The board of directors in any such district is hereby au- thorized to establish a public school teachers' retirement fund, 100 SCHOOL LAWS OF and shall be authorized to pay out of such fund a sum not to exceed forty dollars ($40) per month to any man teacher sixty years of age or any woman teacher fifty-five years of age, who has been in active service as a teacher for a period of twenty-five years, of which not less than fifteen years shall have been within said school district. The board of school directors of any such district may also, subject to the above limitations, make provisions for such teach- ers as may become permanently incapacitated from teaching, while in the service of the district; Provided, however, That the said beneficiary shall have served in the school district for a period of not less than ten years. Any teacher of such school district coming under the pro- visions of this act who may, by making application, or by action of the board of school directors, be entitled to receive the benefit from the public school teachers' retirement fund as provided for in this act shall not be entitled to receive benefit while drawing a salary as a teacher in active service. [L. '09, p. 512, 2. 5995d. Mode of securing fund. The moneys for the use of the public school teachers' retire- ment fund shall be secured by a special levy upon the said school district, such special levy, however, not to exceed one-tenth (1-10) of one mill, and from any gifts or bequests which may be made to said fund. [L. '09, p. 513, 3. TEACHERS' INSTITUTES. 5996. Institute districts meetings normal institute fund. For the purpose of organizing and maintaining teachers' normal institutes, the state shall be divided into the follow- ing institute districts, viz.: The counties of Sedgwick, Phillips, Logan, Yuma, Washington and Morgan to constitute normal district No. one (1). The counties of Weld, Larimer and Boulder to constitute normal district No. two (2). The county of Arapahoe to constitute normal district No. three (3). The counties of Gilpin, Clear Creek and Jefferson to constitute nor- mal district No. four (4). The counties of Douglas, Elbert and El Paso to constitute normal district No. five (5). The counties of Kit Carson, Lincoln and Cheyenne to constitute normal dis- trict No. six (6). The counties of Fremont, Custer and Pueblo to constitute normal district No. seven (7). The counties of Ki- owa, Otero, Bent, Prowers and Baca to constitute normal district No. eight (8). The counties of Huerfano and Las Animas to constitute normal district No. nine (9). The counties of Saguache, Oostilla, Conejos and Kio Grande to constitute normal Till-: STATE OF COLORADO. 101 district No. ten (10). The counties of La Plata, Montezuma, Archuleta, Dolores and San Juan to constitute normal district No. eleven (11). The counties of San Miguel, Ouray, Hinsdale, Mesa, Delta, Montrose and Gunnison to constitute normal dis- trict No. twelve (12). The counties of Chaffee, Lake, Park, Pit- kin, Eagle, Summit, Garfield, Routt, Rio Blanco and Grand to Constitute normal district No. thirteen (13. Provided, That new counties formed within the limits of any institute district shall be a part of said district. A normal institute for the instruction of teachers and those desiring to teach may be held annually, for a term of not less than two weeks in each normal district of the state. The county superintendents of each institute district shall annually select not more than three of their number as an executive committee, who, with the advice and consent of the superintendent of public instruction and the president of the slate normal school, shall determine the time and place of hold- ing such normal institute, and shall select a conductor and in- structor for the same. To defray the expense of said institute, the executive committee shall require the payment of one, dollar registration fee for each person attending the normal institute, and each county superintendent is hereby authorized to add five per cent, to the average standing in examination of teachers who shall attend the normal institute from his county. When a normal institute of not less than two weeks is held in any institute district of the state, the executive committee in charge shall certify to the boards of county commisioners of the several counties within the district the number and names of the per- sons attending said institute from their respective counties, and it shall be the duty of the board of county commissioners of the county where such persons belong, to appropriate the sum of two dollars for each person so certified. The funds arising from registration fees and appropriations of county commissioners shall be designated the "Normal Institute Fund," and some county treasurer, whom a majority of the county superintendents of the district shall designate, shall be the custodian of said fund. The executive committee shall, at the close of each insti- tute, transmit to said custodian all funds received by it, as pro- vided in this section, together with the name of each person paving a registration fee. The executive committee shall also re- port to the several boards of county commissioners in the dis- trict, the name and address of the custodian of the "Normal In- stitute Fund." On the receipt of such notice the several boards of county commissioners shall issue warrants for the appropria- tions provided in this section, payable to the said custodian. It shall be the duty of the superintendent of public instruction, annually, when the executive committee of anv normal institute 102 SCHOOL LAWS OF district shall certify that not less than twenty persons have paid the registration fee, and have received instructions during the session of the institute, to certify the same to the auditor of state, who shall forward to the custodian of the "Normal Insti- tute Fund" of such district a warrant on the state treasurer for the sum of fifty dollars, to be paid out of any money appropri- ated for that purpose. All disbursements of the "Normal Insti- tute Fund" shall be upon the order of the executive committee, and no order shall be drawn on said fund except for claims ap- proved by said committee for services rendered and expenses incurred in connection with the normal institute. It shall be unlawful to pay any one from the institute fund for services as conductor or instructor of such institute, who does not hold a certificate or qualification for such work, issued by the state board of education, upon the recommendation of the state board of examiners; Provided, That a member of the state normal school faculty shall be ex officio a conductor of normal institutes. [Apportionment of school funds for^normal institute districts. Section 5892.J 5997. Mineral county. Mineral county is hereby made a part of normal institute district number ten. , 5998. Teller county. The said county of Teller is hereby attached to and made a part of the second congressional district, the third senatorial district, the fourth judicial district and the fifth normal institute district, and is hereby attached to El Paso county for representa- tive purposes. 5999. Adams county. The said county of Adams is hereby attached to and made a part of the first congressional district, the thirteenth judicial district and the third normal institute district. APPEALS. 6000. From district board to county superintendent. Any person aggrieved by any decision or order of the district board of directors, in matter of law or fact, may, within thirty days after the rendition of such decision or making of such order, appeal therefrom to the county superintendent of the proper county. THE STATE OF COLORADO. 103 6001. Affidavit in support. The basis of the proceeding shall be an affidavit, filed by the party aggrieved, with the county superintendent, within the time for taking the appeal. 6002. Contents of affidavit. The affidavit shall set forth the errors complained of in a plain and concise manner. 6003. Superintendent notify secretary transcript. The county superintendent shall, within five days after the filing of such affidavit in his office, notify the secretary of the proper district, in writing, of the taking of such appeal; and the latter shall, within ten days after being thus notified, file in the office of the county superintendent a complete tran- script of the record and proceedings relating to the decision com- plained of, which shall be certified to be correct by the secretary. 6004.' Notice to parties. After the filing of the transcript aforesaid in his office he shall notify, in writing, all persons adversely interested, of the time and place where the matter of the appeal will be heard by him. 6005. Hearing oaths. At the time thus fixed for hearing he shall hear testimony for either party, and Tor that purpose may administer oaths if necessary, and he shall make such decision as may be just and equitable, which shall be final, unless appealed from, as hereinafter provided. 6006. Appeal from decision of county superintendent procedure. Any person or district board aggrieved by any decision or order of the county superintendent in a matter of law or fact, may, within thirty days after the rendition of such decision or making of such order, appeal therefrom to the state board of education, in the same manner as provided in this act for taking appeals from the district board to the county superin- tendent as nearly as applicable. In case of an appeal, where a trial has been had before the county superintendent and a de- cision rendered, the state board of education shall examine a transcript of such proceeding and render a decision therefrom, but no new testimony shall be admitted. In other cases of appeal the said board may require of the parties such papers and documents as may be thought necessary, they may issue subpoenas and compel witnesses to attend and testify, and the 104 SCHOOL LAWS OF said board shall have the power to administer oaths through its president. The decision of the said board, or a majority of said board, shall be rendered by the president, and such decision, when made, shall be final. When an applicant for a certificate at a regular examination shall feel aggrieved at the decision of the county superintendent, and shall appeal to the state board of education the questions used and answers given shall be examined by the said board, and if the decision of the county superintendent be reversed, the state board of education shall issue to the appellant a certificate of such grade as the answers shall warrant; Provided, That a good moral character and suc- cess as a teacher be show r n. 6007. No judgment for money. Nothing in this act shall be so construed as to authorize either the county superintendent or the state board to render a judgment for money; neither shall they be allowed any other compensation than is allowed by law. All necessary postage must first be paid by the party aggrieved. MISCELLANEOUS. 6008. Public school defined. A public school is hereby defined to be a school that derives its support entirely, or in part, from moneys raised by a general state, county or district tax. 6009. To whom schools are open. . Every public school, except high schools, shall be open for the admission of all children between the ages of six (6) and twenty-one (21) years, residing in that school district during at least four school months in each year, and the school board shall have power to admit adults, and children not residing in the district, if they see fit so to do, and to fix the terms of such admission. 6010. Schools to be taught in English subjects to be taught. The public schools of this state shall be taught in the English language, and the school boards shall provide to have taught in such schools the branches specified in section fifteen of said chapter, and such other branches of learning in other languages as they may deem expedient, including hygiene, with special reference to the effects of alcoholic stimulants and narcotics upon the human body; and shall cause to be given in each school week two lessons of not less than ten minutes dura- THE STATE OF COLORADO. 105 tion each on the subject of humane treatment to animals (and whenever the parents or guardians of twenty or more children of school age shall so demand, the board of such school district may procure efficient instructors and introduce the German and Spanish languages, or either of them, and gymnastics, as a branch of study into such school; and said district board may, upon like demand of the parents and guardians of children of school age, procure efficient instructors to teach the branches specified in said section fifteen, in the German and Spanish lan- guages, or in either of said languages, as said board may direct). [Section 15 referred to above is section 5991.] [State board of health may prescribe text book on hygiene. Section 5010.] 6011. Effect of use of alcohol to be taught. That the nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human sys- tem, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the public schools of the state, and shall be studied and taught as thoroughly, and in the same manner as other like required branches are in said schools, by the use of text books, designated by the board of directors of the respective school districts, in the hands of pupils where other branches are thus studied, in said schools, and by all pupils in all said schools throughout the state. 6012. Same failure to teach. That it shall be the duty of the proper officers, in control of any school described in the foregoing section, to en- force the provisions of this act; and any such officer, school director, committee, superintendent or teacher, who shall refuse, fail or neglect to comply with the requirements of this act, or shall neglect, refuse or fail to make proper provisions for the instruction required, and in the manner specified by the first section of this act, for all pupils in each and every school under his or her jurisdiction, shall be removed from office, and the vacancy filled as in other cases. 6013. School year school month school week school day holidays. The school year shall begin on the first day of July, and end on the thirtieth day of June. A school month shall be four weeks, a school week five days, and a school day shall not exceed six hours, excluding the lime of intermission at noon. The term "National Holidays" in this chapter shall be construed to mean Thanksgiving day, Christmas day. New Year's day. 106 SCHOOL LAWS OF Washington's birthday, Decoration day, Labor day, and the fourth day of July. 6014. School census school age. A school census is hereby defined to be a census embracing all persons between the ages of six and twenty-one years. School age is hereby defined to be any age over six and under twenty- one years. [Compulsory education of children. Sections 530-546.] [Penalty for hazing- in schools. Sections 1661-1665.] STATE NORMAL SCHOOLS. 6125. School established at Greeley. A state normal school is hereby established at or near the city of Greeley, in the county of Weld and state of Colo- rado, the purpose of which shall be instruction in the science and art of teaching, with the aid of a suitable practice department, and in such branches of knowledge as shall qualify teachers for their profession. * * * 6128. County treasurer keep separate accounts warrants application of tax. It shall be the duty of every county treasurer in the state to keep separate accounts of all money so collected in pur- suance of this act, and to transmit the same to the state treasurer monthly as a separate fund, for the exclusive use of said institu- tion, and the state auditor shall, upon the order of the president of the board of trustees of such institution, countersigned by the secretary, draw his warrant upon said fund in favor of the treas- urer of said institution. The taxes so collected and paid to the treasurer of said institution shall be applied exclusively to the support, use and benefit of said institution, for the payment of salaries and expenses thereof, and the erection, maintenance and completion of such buildings as shall be determined upon by the board of trustees of said institution. 6129. Board of trustees powers. Said schools shall be under the control of a board of six trustees; the said board shall be and is hereby declared a body corporate by the name and style of "The Trustees of the State Normal School," and as such and by its said name may hold property for the use of said school, be party to all suits and contracts, and do all things thereto lawfully appertaining, in like manner as municipal corporations of this state. The said trus- tees and their successors in office shall have perpetual succes- THE STATE OP COLORADO. 107 sion, shall have a common seal, and may make by-laws and reg- ulations for the well ordering and government of the said corpo- ration and its business not repugnant to the- constitution and laws of the state. 6130. Trustees appointment term oath. The governor shall, upon the approval of this act, appoint, by the advice and with the consent of the senate, the six trustees mentioned and provided in this act, two of whom shall be appointed for the term of two years, two for the term of four years and two for the term of six years. Their terms of office shall begin from their appointment and qualification, and shall continue for the period for which they shall be so appointed, and until their successors are appointed and qualified. Every two years after the first appointment aforesaid, two trustees shall be appointed in like manner to succeed those whose terms are first thereafter to expire. Every trustee so appointed shall take and subscribe the oath of office prescribed by the constitution of this state before entering upon the duties of his office, which oath shall be placed and kept on file in the office of the secretary of state. The superintendent of public instruction shall be ex- officio, a member of the board of trustees of the said state normal school. APPENDIX Forms for the Use of School Officers and Teachers NO. 1. OATH OF SCHOOL OFFICERS. State of Colorado, County of I, , do solemnly swear (or affirm) that I will faithfully perform the duties of of school district No , in the county of to the best of my skill and ability; and that I will carefully keep and preserve all rec- ords, books and other property of the said district that may come into my hands, and deliver the same to my lawful succes- sor in office; and, further, that I will support the constitution of the United States and constitution of this state, and the laws of this state, made in pursuance hereof; so help me God. C D [Seal] Subscribed and sworn to before me this day of 190. .. E F Remarks The foregoing oath should be taken before a county su- perintendent, notary public, justice of the peace, or some officer duly authorized by law to administer oaths. The county superintendent's oath should be filed with the county clerk within thirty days after his election, and the oath of district officers should be filed with the county superintendent within thirty days after their election. NO. 2. COUNTY SUPERINTENDENT'S BOND. Know all men by these presents, That we, A B C D and E F of the I'.'mnty of and state of Colo- rado, are held and lirinly bound unto the people of the state of Colorado, in the full and just sum of dollars, law- ful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. 112 SCHOOL LAWS OF In witness Whereof, We have hereunto set our hands and seals this day of , A. D. 190. . . The condition of the foregoing obligation is such, That, whereas, the above bounden A B was, on the .... day of , A. 1). 190. . ., duly elected (or appointed, if that be the case) county superintendent of schools of the county aforesaid, for the term of ; Now, therefore, if the said A B shall faithfully perform all the duties of said office, according to the laws which now are, or may hereafter be in force, and shall -render a just and true account of all money or other prop- erty which may come into his hands or under his control as su- perintendent of the schools of said county, and shall deliver over to his successor in office all moneys, books, papers and prop- erty in his hands as such county superintendent, then this obliga- tion shall be void ; otherwise it shall remain in full force. A B [Seal] C D [Seal] E F [Seal] Signed, sealed and delivered in the presence of L M O.. P.. Remarks The penal sum named in the bond is to be fixed by the board of county commissioners, but in no case shall the sum be less than $2,000. NO. 3. PETITION OF PARENTS AND GUARDIANS WHO DESIRE TO FORM A NEW DISTRICT FROM PARTS OF ONE OR MORE OLD ONES. To County Superintendent of Schools, County : We, the undersigned, residents of district (or districts) No. , respectfully represent that we desire to form a new district, with boundaries as follows, viz. : [Here describe the pro- posed bounds, following government lines as far as practicable.] We further declare that, collectively, we are the parents or guar- dians of at least ten children of school age, and we hereby cer- tify that the list of names of persons of school age which is at- THE STATK OF COLORADO. 11 ."> tachcd lo and made a part of this petition, is a correct list of all such persons residing in the proposed district. NAMK. XAMKS OF 1'KRSONS OF SCHOOL AGK. Remarks Give postoffice address of some or all signers. The list of children should be carefully filled up by some person interested in the change before the paper is circulated for signatures. NO. 4. ORDER DIRECTING A PETITIONER TO GIVE NOTICE OF MEETING TO FORM NEW DISTRICT. Countv Office of Superintendent of Schools, County, Colorado. To C. . I) Von are hereby notified that I have received a petition signed by yourself and others, informing me that you desire to form a new school district of the territory described as follows, to wit: [Description as above.] In order that the wishes of the residents of said proposed district may be ascertained, yon will please notify, by personal service as far as convenient, each elector residing therein, and also post notices in three public places (one of which shall be the place of meeting) that such a 114 . SCHOOL LAWS OF petition has been made, and that a meeting will be held, naming the time and place of such meeting, to determine whether such district shall be formed. You will, also, please notify me by mail of the time and place of such meeting. Kespectfully yours, County Superintendent. Remarks In the formation of a new district, every step should be strictly in accordance with the law. The notices posted should contain a clear description of the pro- posed district. NO. 5. NOTICE FOR A MEETING TO ORGANIZE A NEW DISTRICT. SCHOOL DISTRICT MEETING. To all whom it may concern: Whereas, It is proposed to organize a new school district in that part of County described as follows, to-wit: [Description.] Notice is hereby given, as per direction of the county superintendent of public schools of said county, that a meeting of the electors residing within the boundaries aforesaid will be held at on the day of , A. D. 190. . ., at o'clock .... m., when a vote will be taken by ballot on the question whether or not the proposed district shall be organized. If the vote shall b.e in the affirmative, a board of directors will then be elected. By order of County Superin- tendent of Schools. C D..... Dated , 190... Remarks After the organization, a copy of the notice and of the proceedings of the meeting should be sent to the county superintendent. The ballot box should be kept open long enough to give every elector an opportunity to vote never less than three hours. If the proceedings were in accordance with the law, the county superintendent should number and record the district, and notify the secretary of his action. THE STATE OF COLORADO. 115 NO. 6. BOND TO BE GIVEN BY THE SECRETARY OR TREASURER OF EACH SCHOOL DISTRICT. State of Colorado, ) County of j Know all men by these presents, That we, A B principal, and O , D . . : , and E , F , sureties, are held and firmly bound unto School District No , in the County of , state of Colorado, in the full sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, execu- tors and administrators, firmly by these presents. In witness Whereof, We have hereunto set our hands and seals this day of A. D. 190... The condition of the foregoing obligation is such, That, whereas, the above bounden A B was, on the day of A. D. 190 duly elected (or appointed) Secretary (or Treasurer) of School District No , in the county of and state of Colorado, for the term of Now, therefore, If the said A and B shall faithfully discharge all the duties of said office, according to the laws which now are, or which may hereafter be in force, and shall faithfully apply all moneys which may come into his hands by virtue of said office, and shall deliver over to his suc- cessor in office all moneys, books, papers and property in his hands as said officer, within ten days after the same shall have been demanded by such successor, then this obligation shall be void ; otherwise it shall remain in full force. A B [Seal] C D [Seal] E F [Seal] Signed, sealed and delivered in presence of L M X. Y.. Remarks The penal sum named in the above bond should be at least twice the amount likely to be in the hands of the officer at any one time during the term of office. The bond must be filed with the county superintendent 116 SCHOOL LAWS OF NO. 7. REQUEST TO BE MADE BY TEN LEGAL VOTERS OF A DIS- TRICT TO THE BOARD OF DIRECTORS, FOR THE CALLING OF A SPECIAL MEETING. To the Board of Directors of School District No .in '. . County, Colorado : The undersigned, legal voters of school district No in . County, Colorado, request you to call a special meeting of said district for the purpose of Dated this . . day of . . A. D. 190. . NAME. NO. 8. NOTICE OF SPECIAL MEETING. Notice A special meeting of the legal voters of School District No , in the county of , called on the written request of ten legal voters (or called by the district board, as the case may be), will be held at (the district school house or other place) on the day of , 190. . ., at o'clock (p. m.j, for the purpose of (here specify every item of business that is to be brought before the meeting) . A B Posted , 190 ... Secretary. Remarks This notice should be posted at least twenty days previ ous to the meeting, in three separate public places within the district, and a copy furnished to the teachers of each school in the district, to be read once in the presence of the pupils. Business not specified in this notice can never be lawfully trans acted at such special meeting. Till: STATI-: OF COLORADO. 117 NO. 9. NOTICE OF ANNUAL MEETING. Notice is hereby given, That the annual meeting of the legal voters of school district No , in the county of , will be beld (at the school house or other place) on Monday, the day of May, !!)()..., for the purpose of electing (one or more) directors, as provided by law. The ballot box will be opened at the hour of m., and closed at the hour of in., and at m. the meeting will be organized for the transaction of any other busi- ness pertaining to scho61 interests that may be brought before it. Secretary of School District No County of Posted April 190. .. Remarks The secretary of the district should give at least six days' previous notice of the regular meetings of the district (see section 5918), and should post the notices and furnish a copy to the teachers in the same manner as for special meetings. NO. 10. RECORDING PROCEEDINGS OF A MEETING HELD FOR THE PURPOSE OF ORGANIZING A NEW SCHOOL DISTRICT. 190. . . On the ..... day of 190 .... a petition, of which the following is a true copy, was made to X Y county superintendent of public school of County, to-wit: (Here copy the petition.) W^ere- upon the said county superintendent issued an order, of which the following is a copy, to-wit: (Here insert copy of the order.) In obedience to which order the following notice was posted, as required by section 5907 of the school law, to-wit : (Here insert a copy of the notice.) In pursuance of the above notice, the electors of the pro- posed new school district assembled at at o'clock . . . m. The meeting was called to order by A B , and, on motion, C D was elected chairman, and E F secre- tary. On motion, G H was elected to act with the chairman and secretary as judges of election. On motion of K L the electors began to vole by ballot upon the question of forming a new school dis- trict. The ballot box remained open for the reception of votes from .... o'clock . . . m., until .... o'clock . . .m. Upon count- 118 SCHOOL LAWS OF ing the ballots it was found that ballots were cast, of which were in favor of the organization and against. On motion of J K , the meeting proceeded to elect, by ballot, a board of directors. The follow- ing are the names of the persons voting: (Here record the names of persons voting.) The ballot resulted in the election of C D president; E F secretary, and G H treasurer, etc., etc. On motion of O D the meeting ad- journed sine die. C D , ' Chairman. Attest: E F , Secretary. Remarks A copy of the proceedings should be sent to the county superintendent, together with the certificate of some elector, that the notice of the meeting was posted in three public places, as required by law. The person who posted the notice should sign the certificate of posting. If the district is formed from unorganized territory, the secretary must send with this report a certified list of the names of persons of school age residing in the district. A permanent record of the proceedings should be made in the secre- tary's books. NO. 11. RECORDING PROCEEDINGS OF A REGULAR OR SPECIAL MEETING OF THE DISTRICT. The regular (or special, as the case may be) meeting of school district No in county, Colorado, convened at , at .... #'clock (p. m.), pursuant to previous notice given by the district secretary. The meeting was called to order by the president. The secretary being absent, on motion of Mr. A C D was elected secretary pro tern. Mr. S moved that a tax of two mills on the dol- lar be voted for the purpose of building a school house for the district. Mr. F moved to amend by striking out "two" and inserting "five," which was agreed to, and the motion as amended was decided in the affirmative. Mr. D moved that a tax of one mill on the dollar be levied for the purpose of defraying the contingent expenses of the district. Motion" carried. THE STATE OF COLORADO. 119 On motion of Mr. F the meeting adjourned x///r die. L M , President. Attest : C D , Secretary. Remarks Forms 10 and 11 are given with a view of assisting the inexperienced. Persons familiar with such duties may vary the form, provided that the proceedings are accurately recorded. Much depends on the record of the proceedings of the district meet- ing; hence it should be correctly made and carefully preserved. Under the law, the voting of a tax for any purpose must be, in each year, "On or before the day designated by law for the county commis- sioners to levy the requisite taxes for the then ensuing year," and school boards certify the same to the county commissioners. NO. 12. COUNTY SUPERINTENDENT'S NOTICE OF APPORTION- MENT TO THE DISTRICT SECRETARY. Office of County, Superintendent of Schools, County, Colorado. To A B , You are hereby notified that I have this day apportioned to your district the sum of dollars, of the general school fund, which amount has been placed to the credit of your dis- trict on the books of the county treasurer. Secretary of School District No In . . Countv: County Superintendent. Remarks This notice should be sent immediately after each appor- tionment. NO. 13. FORM OF TEACHER'S CONTRACT WITH DISTRICT BOARD. TEACHER'S CONTRACT. STATE OF COLORADO. M .................................. At a meeting of the board of directors, held this ...... day of ................ , 190 . . . , y6u were appointed to teach in the public schools of District No ........... for the terms beginning 120 SCHOOL LAWS OF and ending with the school month of , at a salary of dollars (f ) per school month, payable monthly in warrants on the county treasurer as pro- vided for in sections 5934, 5901, school law. The conditions of this appointment are, that you will faith fully observe the rules and regulations adopted by the Board for the government of the public -schools of this district; that you will exercise due diligence in the preservation of school buildings, grounds, furniture, apparatus, books and other school property ; that you will make promptly and correctly all reports of the school as required by the county superintendent ; that you will keep a correct register and file the same with the president or secretary of the board or the principal of the school, at the close of the school year as required in section 5995, school law; that you will hold a legal certificate of the grade, issued or approved by the county superintendent of County. The board reserves the right to increase or diminish the number of months of school that shall be held during the terms for which you are employed, by giving at least fifteen days- notice. By the President, Attest : , Secretary. I hereby accept the appointment to teach in the public school district No , County, on the conditions above stated. Respectfully, . Teacher. INDEX INDEX NOTE Numbers at right refer to sections of law and Constitution; Roman numerals, to Constitution only. ABSENCE Section of school officer works vacancy 5934 ACCOUNT of district funds, county treasurer render statement 5900 of each district kept, separate by county treasurer 5901 of district expenses kept by secretary 5936 of warrants issued by district kept by district treasurer 5940 of fines, penalties and forfeitures v 5897 ADJOURNMENT school board meetings of v 5923 of district meetings 5955 ADMISSION to union high school 5969 to public schools 6009 ADULTS admitted to public schools, when 6009 AFFIDAVIT on appeal to superintendent when filed contents 6001-6002 in case of appeals 6001-6002-6003 of secretary to census list 5935 AGE deaf mutes included in school census 5939 of pupils in deaf and blind school 4334 of voter at school election 5919 of children entitled to attend public school 6009 of persons in school census 5935-6014 school age defined 6014 ALCOHOLIC DRINKS AND NARCOTICS nature and effect of, taught in public schools 6011 study of, require hygiene and physiology in schools 6011 study of, enforced by school officers penalty 6012 cigarettes effect of taught in public schools 6010 ANIMALS humane treatment of, taught in public schools 6010 ANNEXATION of territory to district 590S ANNUAL MEETING for election of members of school board 5918 of state board of education 5867 ANNUAL REPORT of county superintendent to state superintendent RSSO of county treasurer 5900 of district secretary to county superintendent 5936 of district treasurer 5940 of school board to county superintendent 5925 of teacher ...5995 124 INDEX. APPEAL Section from district board to county superintendent 6000 / affidavit .' 6001 contents of affidavit 6002 superintendent notify secretary transcript 6003 notice to parties 6004 hearing appeal oaths 6005 by applicant for certificate to state board 6006 from county superintendent to state board procedure 6006 taken within thirty days transcript 6006 president of board may administer oath on 6006 decision of board final on 6006 no judgment for money 6007 to state board of education by teacher 5994 from county superintendent holding child not instructed at home 530 APPEALS hearing oaths 6005 APPOINTMENTS of county superintendent in case of vacancy 5878 of district director by county superintendent 5884 by board in first-class districts 5925 of judges and clerks of election in first-class districts 5918 of members of high school committee .59Hl-5977g APPORTIONMENT of general fund when no report and census list filed 5938 of state normal institute fund 5892 APPORTIONMENT OF SCHOOL FUNDS published 5881 by county superintendent 5888 in July basis .5889 basis of all apportionments 5889 according to census 5890 when district fails to report census 5938 first, after the organization of new district 5912 of money from unpaid special taxes due district after division 5912 district not having three months school not entitled to 5891 by superintendent of public instruction ."SS7 ARBOR DAT- see "Holidays." ASSESSOR see "County Assessor." ASSISTANT LIBRARIAN see "Librarian." ATTENDANCE at night school equivalent to half time 546 of pupils stated in report of board 593G ATTORNEY GENERAL- member of state board of education 5,S6f> B BALLOT at meeting to issue bonds from 5945a for refunding bonds form of 5953 election of school directors by 5918-5919 BIBLE no sectarian tenets taught in school ix-S no religious instructions in public school 5981 BIENNIAL REPORT of superintendent of public instruction iv-17 of superintendent of public instruction 5875 INDEX. 125 BLIND Section see "Deaf and Blind." BLANK BOOKS- see "Books." superintendent public instruction print and furnish teachers and others.. 5874 BLANK FORMS see "Forms." BLANKS for reports supplied by superintendent of public instruction r,'.t:t:, BOARD OF COUNTY COMMISSIONERS see "County Commissioners." BOARD OF DIRECTORS see "Directors." BOARD OF EDUCATION see "State Board of Education." BOARD OF LAND COMMISSIONERS See "Stale Land Board." BOND of county superintendent amount approval filing iiSTT . of secretary of school board conditions approval filing 5935 of state superintendent amount approval where deposited 5872 BONDS question of bonds submitted to voters 5942 limitation of bonded debt r.942 meeting for voting- bonds for school buildings, purchasing ground or funding debt 5942 amount to be determined by school directors 5943 notice of election 5944 only taxpayers vote 5942 voting place for 5945 who act as judges 591". form of ballot 5945a challenge at election 5945b returns certified to board of directors 5945c oupon bonds issued, interest payable, etc 5945d bonds negotiable 5945e signed by president and treasurer 5945e ounty commissioners assess tax 5945f tax collected in cash . 5945f district treasurer pay bonds 5945c county treasurer pay any surplus to tin- credit of the school district. .. .5945f redemption bonds , 5945f bonds registered how 5945g district in city under special charter -. 5945h no new registration required 5945i registration books purchased by county treasurer 5945i removal of elector 5945k registration books returned , "rM.'.l judges of election receive registration books 59451 petition for purging registration lists 5945m r< -pealing clause .-,!)4:.n redemption of bonds r,945f-5946 issued under territorial laws redempt ion of premium .~>f)4i; rnited States and state purchased by district treasure!' .",9-47 how kept proceeds, interest coupons sale 5947 change of boundary not release property from taxes .7jv annexed property liable to tax for bonds r,:ils county treasurer's fees r,r4 1 . 1 how executed countersigned .- : directors refund bonded indebtedness what laws apply to issue and payment except r.ord county board levy tax treasurer collect ....'05L' 126 INDEX. BONDS Continued. Section submission for refunding against refunding 5953 refunding of, voted upon 5953 bonded indebtedness for high school purposes 5977q challenge in election for high school bonds 5977q limit of bonded indebtedness in high school bond 5977q high school bonds countersigned by president and secretary 5977q high school bonds to be registered in a special book 5977r commissioners levy tax for payment of interest on high school bonds 5977s district treasurer pay high school bonds 5977s county treasurer cancel bonds redeemed 5977s redemption of high school bonds 5977t change in boundary not affect taxable district for high school bonds 5977u annexed property liable to tax for high school bonds 5977u compensation of county treasurer 5977v BOOKS see "Blank Books." used in schools stated in report of board 5936 of secretary open for inspection 5937 BOUNDARIES lines of district changed not affect bonds 5948 of school district county superintendent make record 5885 of new district organized from old 5907 lines of district changed not affect high school bonds 5977u BRANCHES taught, stated in report of board 5936 common may be taught in German and Spanish, when 6010 BUILDINGS bonds for erecting and furnishing schools - 5942 creating debt to erect or furnish 5919 general fund not used for 5898 for district high schools directors build or lease, when 5926 BY-LAWS directors make .5924 c CANCELLATION of district bonds ? 5945f -5977s of warrants 5901-5902 CANDIDATE for school director in first and second-class districts 5919 CENSUS see "School Census." CENSUS LIST county superintendent examine, correct 5939 basis of apportionment for school fund...." 5889-5890 CERTIFICATE of secretary to the record on appeal 6003 of attendance of child at school .541 CERTIFICATES state board grant to applicant upon appeal when 6006 grades of renewal record 5994 first grade, life of renewal 5994 renewal optional with county superintendent 5994 endorsement of first grade 5994 second grade, life of 5994 second grade, can not be renewed 5994 second grade, can not be changed without examination 5994 third grade, life of 5994 third grade, invalid, when 5994 like grade ...5994 INDEX. 127 CERTIFICATES Continued. Section revocation of certificates 5994 permits not granted 5994 expiration of 5994 from other counties optional 5994 appeals from county superintendent 994 of first-class districts 5994 temporary 5991 granted by county superintendent when 5991 applicant for teachers, pay fee 5992 expiration of, during term 5990 necessary to teach expiration of 5990 not required when 5990 renewal of new 5994 expiration of certificate during term 5990 state diplomas granted by state board of education 5868 state certificates granted by state board of examinees upon examina- tion riS69a-b state diplomas without examination 5869c temporary non-renewable certificates 5S69f diplomas granted to graduates of colleges situated in Colorado, when..5869c life of state licenses 5869f requirements for state diplomas 5869c state diplomas to persons teaching in the public high schools, when 5869d diplomas for eminent service , .- 5869e diplomas revoked 5870 CHALLENGE- at meeting to issue bonds 5942 of vote at school election oath '. 5919 CHILDREN under fourteen not employed during school hours exception 531-541 between eight and fourteen sent to school exception 542 must attend school exception 530 employer keep record of school attendance failure penalty 531 employer furnish evidence to truant officer 532 truant and incorrigible juvenile disorderly persons 533 commitment of 536 school board provide books for indigent 5925 of county attend union high school 5956 age of, to attend kindergarten 5927 employment of between fourteen and sixteen unlawful, when 532 during school hours, unlawful 541 under fourteen unlawful 531 in mine or smelter ; 547 arrest of person violating act 548 penalty 549 to exhibit under fourteen unlawful 550 to hire to exhibit 551 delinquent, defined 586 CHURCH appropriation to, from school fund prohibited ix-7 CITIZEN qualification of vii-1 CLASSES of school districts 5915 CLERKS of election appointed in first-class district s 5918 CLOTHING furnish indigent children : 542 COMMITTEE of union high school 5956 term of members ...5961 128 -INDEX. COMMITTEE Continued. Section vacancies, how filled v 5961 meetings of 5961a powers of 5961a elections of 5971 COMMON SCHOOLS sections 16 and 36 of each township for support of En. act. COMPENSATION of county treasurer for collecting special taxes 5940 of truant officer 534 of county superintendents 2575 of deputy county superintendents 5879 of teacher, stated in report of board 5936 of secretary school board fix 5925 none to members of board, except secretary 5925 of deputy county superintendent for holding examinations 5991 of secretary of high school committee 5961 teacner not dismissed without receiving. 5990 withheld until register is filed by teacher 5995 COMPULSORY EDUCATION provisions concerning ix-11 unlawful to employ children under fourteen except 541 penalty for employing children under fourteen 541 of children exception clothing 542 no school within two miles children exempt ?A'2 applied to ages 542 demands not met by teaching German 542 failure to comply with misdemeanor penalty 543 duty of school directors to prosecute penalty 544 malicious prosecution 545 attendance at night school equivalent to half time 546 children sent to school exception appeal 530 penalty for employing children under fourteen 531 minors between fourteen and sixteen must read and write duty of employer 532 demands not met by teaching German 532 truant juvenile disorderly person, who is 533 truant officer powers duties record 534 truant officer conviction of parent bond defense 535 commitment of juvenile disorderly person term expense 536 child unable to attend school relief 537 violation of law penalty 538 second conviction penalty jury trial 539 not apply to district without accommodations 540 'CONSTITUTION Executive Department iv-1 term of office residence duties seat of government iv-1 state officers election returns canvass contests iv-3 eligibility first election thereafter age residence iv-4 governor appoint officers vacancy election senate confirm iv-0 governor demands information from officers iv-S officers keep account of moneys semi-annual reports iv-16 officers executive department biennial report governor transmit iv-17 officers receive salary fees paid into treasury iv-19 superintendent of public instruction, ex-officio librarian iv-20 Suffrage and Election vii-1 citizenship. vii-1 universal suffrage '. vii-2 absence in civil or military service vii-4 privilege of voters vii-5 electors only eligible to office . ..vll-fi INHKX. 129 STITU1 ION 1 Continued. Section prisoners disqualified restorationpardon or full service vii-10 State Institutions viii-1 charitable institutions established viii-1 territorial institutions become state transfer viii-5 Education ." ix-1 board of education members president ix-1 f rev. schools one in each district three months ix-2 school fund inviolate state treasurer custodian ix-3 county treasurer collect and disburse warrants ix-4 school fund of what consists ix-5 county superintendent commissioner of jands ix-r, aid to sectarian schools, churches forbidden lx-7 religious test forbidden sectarian tenets race color ix-8 board of land commissioners members powers ix-9 public lands location sale disposal ix-10 compulsory education ix-11 university regents election ix-12 regents elect president powers ix-13 regents control university funds ix-14 school district board of education ix-15 text books general assembly nor board shall prescribe ix-16 Revenue . x exemption lots buildings for worship schools x-5 corporations subject to tax x-10 making profit on public money felony x-13 Public Indebtedness xi lending or pledging credit of state, county, city, etc., forbidden xi-1 aid to corporation interest in by state, county, city, joint ownership xi-2 loans for school buildings vote qualifications xi-7 this article not affect prior obligations xi-9 Officers xii civil officers oath xii-S oath where filed with whom xii-9 refusal to qualify vacancy xii-10 vacancy term of office elected to fill xii-11 Counties xiv clerk and recorder sheriff coroner treasurer election xiv-8 vacancies appointments governor county commissioners xiv-9 elector only eligible xiv-10 classify counties as to fees xiv-15 CONTRACTS son "Public Contracts." CONVICTION for second violation of compulsory t-n l;iw :>:!'.i CORPORATIONS taxation for school purpose's x-10 COST of school stated in report of board 5936 COUNTIES classification of for high school 2977a school order called 1326 when office becomes vacant l.T.9 county school tax levy 5893 failure to make penalty 5894 COUNTY ASSESSORS arrange t;ix schedules list property on M;iy 1st '< U'NTY CT.ERK levy minimum rate of tax for school purposes 5894 make change of requisition 5945k 130 INDEX. COUNTY COMMISSIONERS Section fill vacancy in any county office xiv-9 levy special tax to pay interest on bonds -. 5945f levy tax to pay district bonds 5952 fill vacancy in office of county superintendent 5878 allow mileage to county superintendent, when 2575 provide office, supplies, etc., for county superintendent 5886 levy high school tax limit of 5977p make appropriation for normal institute issue warrants 5996 levy county school tax increase minimum rate levy special tax 5893 levy special school tax for ensuing year 5895 COUNTY COURT try parent or guardian of truant child 535 commit juvenile disorderly person 536 inquire into question of truancy on petition. 5982 clerk of issue writ 5983 commit from truant school to reformatory 5988 COUNTY OFFICERS election of xiv-8 vacancy in office how filled xiv-9 qualifications .xiv-10 COUNTY SCHOOL TAX see "Taxes." COUNTY SUPERINTENDENTS term of office duties qualifications compensation ix-6 ex-officio commissioner of lands ix-6 election of xiv-8 vacancy in office how filled xiv-9 notify secretary of appeal advise parties of hearing 6003 administer oaths decision 6005 not render judgment for money 6007 keep record of examinations and applicants 5994 revoke teacher's certificate cause of 5994 election term oath and bond of 5877 failure to qualify vacancy in office appointment 5878 when office becomes vacant 1359 classification of counties to regulate salaries 2575 compensation of office hours 5886 expenses how paid 5886 appoint deputy how paid 5879 deputies 'and assistants compensation 2580 of first class may employ salary ' 2580 annual report to superintendent of public instruction 5880 penalty for failure to report .' 5882 administer oaths 5883 duties of county superintendent 5881 keep record of books furnished school directors 5881 public apportionment of school funds 5881 appoint directors 5884 vacancies on boards how filled 5884 director must reside in district , 5884 boundaries of school districts record 5885 prepare map of school district 5885 apportionment of county school fund 588S certify apportionment of school fund 5888 notify district secretary of school apportionment 5888 basis of apportionment of funds 5889 apportionment 5890 maintain suit against county treasurer 5899 report blind and deaf persons 4334 approve bond of treasurer file 5922 fill vacancy caused by failure to qualify 5922 INDEX. 131 COUNTY SUPERINTENDENTS Continued. Section call meeting for organization of new district from old 5907 establish and number new district 5908 transfer to other districts 590S annex, or detach territory to district 5909 a nnul district and annex territory 910 extend time for opening school in new district 5910 divide funds upon formation of new district 5912 apportion moneys received from unpaid special taxes to new district 5912 hold examination of teachers 5991 collect fee from applicant for teacher's certificate 5992 forward to superintendent of public instruction 5992 look after fines penalties and forfeitures report 5S97 call meeting of boards of directors of county for union high school 5956 member of union high school committee 5956 fill vacancy in union high school committee 5977g call meeting of directors to elect county high school committee 5977f member of county high school committee secretary ex-officio 5977f select normal institute committee add to teacher's standing for attend- ance 5996 certify to county commissioners to maintain school basis of estimate 5893 COUNTY TREASURER duties in relation to school funds of county ix-4 election of xiv-8 collect special tax cash cancel bonds 5945 compensation collecting special taxes 5949 countersign district bonds 5943 collect taxes to pay bonds pay to district treasurer 5945f-5952 cancel bonds redeemed 5945f duties of 5900 keep account of fund of each school district 5900 make annual statement of school funds to whom 59CO certify amount of tax collected and uncollected 5899 failure to pay over tax penalty 5899 separate account each district endorse warrants pay notice of funds 5901 warrants 5901 county treasurer cancel all school orders 5902 county treasurer render quarterly statement to school board T..5901 pay orders as registered 1326 county treasurer furnish blanks to district board 5904 transfer funds of united district 5909 n-tain unpaid special taxes for new district 5912 report to county superintendent amount of fines received 3874 pay high school tax on warrant '..5977p eustodian of normal institute fund 5996 collect county school taxes 5893 arrange tax schedules 5S95 collect tax for payment of interest on high school bonds 5977s cancel high school bonds after payment 5977s compensation of for collection of special taxes 5977v COUPON school directors bonds issued 5945d COURSE OF STfI)Y- school board fix 5925 D DEAF AND BLIND secretary ascertain number blind and deaf 5939 institute located at Colorado Springs 4313 blind, deaf or mute attend- -county superintendent's report support 4334 132 INDEX. DEBT Section contract only by vote of electors xi-7 of school district by loan xi-7 meeting for contracting bonded 5942 election to contract who vote 5919 DECISION of county superintendent upon appeal 6001-6005 of state board of education upon appeal 6006 DEFICIT in union high school fund 5966 DEPUTY county superintendent appoint compensation 5879 county superintendent may be employed compensation 2580 DIPLOMAS of kindergarten teachers 5927 state to whom issued 586-S classes of 5869a-e revoked by state board of education 5870 of state normal school grant evidence 6141 license to teach 5869f DIRECTORS of school district number powers ix-15 name text books for study of alcohol and narcotics 6011 enforce law penalty 6012 may appeal from county superintendent 6006 call meeting for issuing bonds 5942 may refund bonded indebtedness 5950 examine teachers in district first-class grant certificate report to county superintendent. . . . 5994 furnish clothing to indigent children 542 prose'cute violation of compulsory education law 544 failure to comply with the law penalty 544 in districts of first and second-class appoint truant officer 534 county superintendent appoint to fill vacancy 5884 board elected annually in each district number classification 5915 qualifications of 5915 election of 5915 classification of districts . 5915 witness fees not allowed 5915 secretary and treasurer, office distinct 5915 qualify in twenty days oath treasurer's bond failuie 5922 oath of 5922 qualify in twenty days ..5922 bond of 5922 hold regular, special or adjourned meetings 5923 call special meeting in district third class 5954 notice of moeting 5954 president signs orders on county treasurer 5934 president appears in suit 5934 absence beyond thirty days works vacancy 5934 duties of secretary bond 5935 high school directors sign, countersign bonds issued 5977q census list 5935 further duties of secretary report 5936 secretary give notice how , 5936 secretary render statement books for inspection 5937 failure of secretary to report duty of state superintendent 5938 control teachers' retirement fund 59951) treasurer countersign warrants account failure penalty 5940 warrants issuance of 5940 delinquent officers penalties 594] fill vacancy in boards of first-class district 5921 INDEX. \:\;\ DIRECTORS Continued. Section powers of directors 5925 employ and discharge teachers 5925 enforce rules and regulations of state superintendent 5925 when provide books, when free text-books 5925 number of teachers length of school opening and closing 5925 fix course of study exercise text-books, etc 5925 hold real estate and personal property in trust 5925 may purchase or sell school lots 5925 provide school furniture supplies for board 5925 rent, repair, insure, build or remove school houses 5925 require teachers to conform to law 5923 suspend or expel pupils exclude from school 5925 admit pupils from adjoining districts 5925 make report to state superintendent ,..5925 make report to county superintendent 5925 fix wages, tuition, compensation of secretary 5925 hire teachers 5925 school furniture 5925 discharge teachers r,925 fix salary 5925 compensation allowed secretary 5925 powers of board 5925 tuition 5925 fix course of study special branches admittance 5925 school houses rent repair build, etc 5925 custodian of school property 5925 suspend or expel pupils 5925 number teachers time' 5925 furnish clothing for indigent 5925 use of district funds 5925 special levy : 5925 auditing of bills 5925 president and treasurer sign bonds .">945o treasurer pay district bonds 5945f treasurer pay high school bonds . 5977s treasurer collect interest coupons 5fM7-5977t when changed from second to first class district who constitute? 5916 election of for new district 5908 when joint district formed from first-class district 5909 uniting with lower class who constitutes 5909 order more than one voting place in first-class district r,9i,s candidate for, in first and second-class district 5919 may purchase flag flagstaff pay for not use general fund for building or lots exception 5898 elect high school committee fill vacancy rifltfl establish district high school powers build or lease 5926 may establish and maintain kindergartens 927 not interested in contract for district 5994 designate branches to be taught in schools fiOlO may admit adults and non-residents to public schools 6009 levy special tax for expense of schools certify necessary levy for special' fund may order levy for library 5895 not consider levy of special tax >:; not employ teacher without a certificate elect directors of consolidated district :,'.>]] purchase site in consolidated districts ."HIM furnish transportation when r.MId funds of consolidated district r,'.n'2 DISMISSAI^- of teacher, for good cause 1.'U INDEX. DISPLAY- Section of American flag 5928-5929 of other than Unite'd States flag penalty 2596-2597 DISTRICTS failing to maintain a school no funds ix-2 organizing of general provision ix-l-~> restriction upon indebtedness by .- xi-7 coupon bonds of, issued 5942 call special meetings to vote on bonds 5942 change in boundary line not release property from bond tax 5848 lack accommodations to se'at children compulsory education not apply 540 county superintendent keep record of boundaries of 5885 board of directors of different classes officers ". 5915 classification of 5975 expenses of secretary keep account of E936 to be 1 bodies corporate hold property .- 5913 change from second to first class board of directors 5916 legal school districts 5916 legal district what constitutes 5917 organization of census list of new unorganized territory 5907 how legally organized 5907 size of territory 5908 twenty children in old district 5908 organization optional with county superintendent 5907 de"bts, when liable for 5907 new, how organized election of directors persons transferred 5908 of first class, how divided 5908 territory required 5908 number left in old district 5908 family transferred to another district 5908 two or more contiguous how united 5909 uniting upon a petition of legal voters \5909 contiguous when voted upon notice 5909 joint organization of 5911 annulled to form separate district 5911 annulled by county superintendent when entitled to public money 5910 when new district entitled to school money 5910 funds for new 59T school actually commenced 5910 failure to open school within six months 5909 apportionment of general funds in new district formed from old 5912 when new district entitled to share of funds 5912 property and moneys of new district formed from old 5912 take and hold real estate amount 5914 power to condemn 5914 belongs to school district 5914 title obtained through individual 5914 building on school land t . 5914 annual election notice more than one voting place district first class 5918 candidate for director in first and second class 5919 ne'w section, 3 M. Rev., 1571 2146 new section, 3 M. Rev., 1571a 2147 of third class power of electors 5955 high school in first and second class 5926 vote to build or release building for high school 5926 having children attend union high school, support 5966 contributing to high school election of committee 5971 maintain school three months failure no funds 5891 third class, limit for special tax 5895 property in on May 1st asse'ssed 5895 not reconsider levy of special tax 5896 consolidation defined 5911a INDEX. l.T) DISTRICTS Continued. Section consolidation submitted to vote of electors 5911b ballot for consolidation 5911b call meeting to organize district 5911c district of first class formed to other classes 5911c transportation in 5911d division of funds in consolidated 5912 DOCTRINES not taught in public schools ix-8 DUTIES of truant officer 534 of county superintendent 5881 of high school committee 5961 -5977k of union high school committee 5961-5964-5977k of state superintendent 5873-5874-5875 DIVISION of school funds upon formation of new district basis 5912 E EDUCATION provision for schools '. ix-2-3 ELECTION who entitled to vote vii-1 wometi entitled to vote : vii-2 no person gains or loses right in vii-4 voters privileged from arrest attending except vii-5 county officers xiv-8 no person entitled to vote while in prison vii-10 of county superintendent 5877 of school directors classes of district officers of board by ballot 5918 annual notices posted publication ballot 5918 annual place time notice 5918 polls open three hours 5918 judges of 5918 special meeting notice 591S tax levy reconsidered when 5918 school board not bound by action of electors when 5918 moving building vote 5918 judges of who shall constitute qualification of electors 591!) to contract debt who vote penalty for illegal veto 5919 qualification of electors 5919 illegal when 5919 judge of election take oath 5919 special 5919 residence of directors .- 5919 elector not a taxpayer can vote when 5919 must be a taxpayer to vote 1 on bonds 5919 who may challenge oath ."919 procuring site for school house 5919 who may be director ."919 candidacy when vacancy occurs ."iOin counting of votes tie special election 5920 none held at regular time special call no notice void 5920 tie vote special election 5920 applies to all school elections '921 to vote (o build or lo'ase building for high school ."020 of union h'gh school committee r>9."fi of superintendent of public instruction r>S7S of county high school committee 5977(1 for contracting a bonded indebtedness 5942 for union high school :,9."R 136 INDEX. ELECTION Continued. Section for county ' high school 5977b of county high school committee 5977f for contracting indebtedness for high school purposes 5977q ELECTORS qualification of vii-1 se"x no disqualification in school elections .vii-1 qualified elector only eligible to civil or military office vii-6 determine amount of indebtedness 5942 qualification of sex 5919 at election to contract debt 5919 qualification of 2146 powers of at meetings in third-class district 5955 who may vote 5955 site of school house determined by 5955 building of school house determined by 5955 taxes 5955 bonds 5955 free text books vote of people .. 5955 removal of elector 5945k EMPLOYER hiring children under fourteen years proof 531 evidence of attendance or instruction minor employed 532 EMINENT DOMAIN district may hold real estate 5914 ENABLING ACT lands for schools 7 seventy-two se'ctions for university 10 school lands, how sold 14 mineral lands excepted 15 ENDORSEMENT of warrants by county treasurer 5901 ENGLISH LANGUAGE taught in public schools 6010 EXAMINATIONS of applicant appeal to state board .' 6006 in district of first class 5994 record of county superintendent 5994 by county superintendent other than at county seat. 5991 by deputy compensation , 5991 teachers' high school examination 5991 time of examination 5991 age of applicant v 5991 rules governing examination 5991 only one set papers can be submitted 5991 endorsing certificates 5991 superintendent may appoint deputy to hold ' 5991 special certificate for high school 5991 answers filed 5991 appeal 5991 for admission to union high school 5969-5977 for state diploma : 5869 medical by te'acher 5995a EXECUTIVE COMMITTEE of normal institutes how appointed duties report transmit funds 5996 EXEMPTION from taxation of what property x-5 EXPENSES of trial transportation of juvenile disorderly person county pay 536 of district secretary keep account 5936 of purchasing and displaying flag 5930 of normal institute how paid 5996 IXDKX. 137 KX I -ENSES Continued. Section of superintendent of public instruction 5875 of school paid by special tax when 5895 EXPULSION of pupils, by school board 5925 F FAILURE of county treasurer to pay over moneys collected 5899 FEE applicant for teacher's certificate pay 5992 registration, for normal institute ( 5996 FINANCES secretary render statement of 5939 of school district treasurer make statement 5940 FINES to comply with the law on alcoholic drinks and narcotics 6012 for employing children during school hours violation 541 director fail to prosecute 543-544 of employer failing to compel instruction of minor in employ 530-532 for violation compulsory education law 538 for failure of county superintendent to report 5882 of county treasurer to pay over tax 5899 for failure to publish call for payment of school warrants 1826 of secretary to make reports 5936 of treasurer to perform duties turn over moneys 5940 for superintendent or officer failing to perform duties 5941 collected by justice of the peace payable to school fund 3874 county treasurer to render statement 3875 for displaying other than' U. S. flag 2598 for violation of school law injunction mandamus contempt where paid.. 5897 for being interested in contract 4995 for failure to levy school tax 5894 for teaching without certificate ' 5990 for failure to file register 5995 FLAGS may be purchased displayed when 5928 directors to purchase and display U. S. flag 5928 each department keep flag size 5929 expense and care of 5930 applies to all institutions 5931 in jury to 5932 superintendent of public instruction publish act 933 display of other than U. S. exception 2597 violation 2598 FORFEITED money by any district 5900 FORFEITURES for violation of school law where county treasurer place credit r>s97 for failure to maintain school .>!<: FORMS state superintendent to print and furnish :.s7l for making reports printed with school law 5874 for reports supplied by superintendent of public instruct ii.n r^TJ-fiW, oath of school officers see appendix No. 1 county superintendent's bond see appendix No. 2 petition to form new district see appendix No. 3 order directing notice of meeting to form now district ... .see appendix No. 4 notice of meeting for organization of new district see appendix No. r, bond of district treasurer or secretary see appendix No. 6 reque'st for special meeting by ten legal voters see appendix No. 7 138 INDEX. FORMS Continued. Section notice of special meeting see appendix No. 8 notice of annual meeting see appendix No. 9 record of meeting for organization of new district see 1 appendix No. 10 record of regular or special meetings see appendix No. 11 notification of apportionment by county superintendent. ..see appendix No. 12 teachers' contract see appendix No. 13 FUNDS can not be transferred to other fund ix-3 custodian state treasurer ix-3 how distributed among counties ix-3 how invested loss how supplie'd '. ix-3 of public school interest only expended ix-3 public school fund of the state ix-3 of county and school district how collected and distributed... ix-4 of public school from what derived ix-5 public school of the state ix-5 contribution to sectarian institutions prohibited ix-7 of university regent control ix-14 teachers' retirement 5995b-d mode of securing teachers' retirement 5995d for medical examination 5995a-b making profit forbidden public officers x-13 embezzlement of makes person ineligible to hold office xii-4 floating debt bonds for 5942 funding floating debts for high school purposes 5977q county superintendent apportion general school fund of county. 5888 basis of apportionment 5889 county treasurer makes annual statement of 5900 treasurer publish statement of district 5922 apportionment of general 5887 of united district county treasurer transfer 5909 division of, upon formation of new district 5912 of new district 5912 city treasurer pay over all moneys in school 3875 general school funds not used for building purposes, etc 5898 legal use of general 5898 illegal use of school 5898 normal institute 5992 applicant for teacher' s certificate pay fee 5992 state normal institute fee turned into treasurer 5993 apportionment of normal institute 5892 forfeiture of by district when 5897 penal, paid to county treasurer 5897 items of 5897 not loaned or invested 1821 officers not loan 1822 no benefit from deposit 1823 penalty 1824 for union high school-deficit 5966 special school, for maintaining kindergartens 5927 state normal ; 6125 amount of state school 5875 apportionment of 5887 distribution 5887 forest reserve 5898a FURNITURE school board provide , 5925 GENERAL SCHOOL FUND see "Fund." INDEX. 13 J) GERMAN Section taught in public schools when 6010 GOVERNOR issue proclamation for Arbor Day 2944 appoint trustees of the state normal school 6130 GRADES of certificates by county superintendent 5994 GROUND bonds for purchasing school 50 L' GUARDIAN of truant child fined imprisoned 535 GYMNASTICS taught in public schools when 6010 H HEARING see "Appeals." HIGH SCHOOLS union high schools how established committee of open to whom 5956 high school committee term vacancies meetings 5961 maintenance deficit 5966 term of session of school 5969 qualifications for admittance * 5969 admission of pupils no tuition from resident 5970 every district contributing has voice in election 5971 union high school in county, fourth and fifth classes organized 5972 how supported buildings 5973 addition of outlying districts attaching district in adjoining county 5974 not affect organized district 5975 school board election 5976 qualification of pupils to enter union high schools 5977 county high schools 5977a in counties of second, third, fourth and fifth classes how organized 5977b election for 5977b notices posted for voting 5977c who may vote 5 form of ballot E977d canvass of vote for 5977e record of vote preserved 5977f term of members of high school committee 5977g meetings of high school committee 5977h a corporate body 5977i board may hold real estate 1 5977J powers and duties of committee ' .5977k powers and duties of president 59771 powers and duties of secretary 5977m powers and duties of treasurer 5977n powers and duties of directors unchanged 5977o tax levied by county commissioners 5977p bonded indebtedness of 5977q challenge of elector oath 5977q bonds to be registered in special book 5977r commissioners levy tax for payment of interest, etc 5977s bonds to be redeemed 5977t change in boundary not affect taxable district 5977u compensation of county treasurer 5977v special meetings 5977w what high school district subject to provisions of this act n977x certificates in .- 5991 HIGH SCHOOL COMMITTEE sco "High School." HIGH SCHOOL FUND see "Fund." 140 INDEX. HIGH SCHOOL TAX Section see "Tax." HOLIDAYS school year month week day national holidays 6013 what constitutes a legal holiday G013 Arbor Day, third Friday in April 2942 how observed in schools 2943 governor issues proclamation, report of county superintendent 2944 Colorado Day 2945-2946 Columbus Day 2948 Election Day ' 2949 Labor Day 2947 effect on negotiable instruments and return days 2940 HUMANE TREATMENT OF ANIMALS to be taught in public schools 6010 HYGIENE taught in public schools 6010 I ILLEGAL voting punished 5919 IMMORAL books, papers, etc., exclude'd from schools and libraries...- 5925 INDEBTEDNESS- limit of bonded 5942 of school district refunded new bonds issued in payment 5950 INDIGENT parent or guardian officer report .537 INSPECTION secretary's books open for 5937 county superintendent's books open for inspection 5881 INSTITUTES see "Normal Institutes." INSURE school houses school board may 592:1 INTEREST public school fund only expended ix-C on school district bonds 5945d on bonds special levied to pay : 5945f on United States and state bonds 5947 on refunding bonds on new bonds 5950 on school warrants when cease 5901 INDEBTEDNESS of school districts restrictions 5943-5977q-xi-l J JOINT DISTRICT see "Districts." JUDGES OF ELECTION administer oath .* 5945b in first-class districts 5918 president, secretary and treasurer of school board act as 5919 administer oath to challenged voter 5919 count declare' results transmit report 5920 in high school election 5977e receive registration books 59451 JUDGMENT state superintendent or county superintendent not render for money 6007 JUSTICE OF THE PEACE report of amount of fines collected payable to general fund 3874 INIMOX. 141 JUVENILE DISORDERLY PERSON Section who is 533 commit rru-nt of 536 K KINDERGARTEN school board may establish and maintain age of children 5927 part of public system teachers have diplomas 5927 < .Ttificates 5927 L LAND BOARD see "State Land Board." LAWS of state issuance of school district and refunding bonds 5951 of state 1 registration 59451-m LEVY see "Taxes." LIBRARIAN ex-offlcio .superintendent of public instruction iv-20 assistant appointment duties salary 5876 LIBRARY number of volumes in and the amount raised for stated in report of board 5936 immoral books, etc., excluded from school 5925 directors may levy special tax for 5S95 LICENSE "Certificate." LIMIT of bonded indebtedness 5943 of tax levied for high school purposes 5977p of taxes for county purpose's 5893 of special tax in third-class district 5895, of levy of taxes for school purposes none 1187 a levy of tax for payment of interest on bonds 5977s LOSS of any part of public school fund ix-.l of school district by neglect of treasurer 5940 LOTS general fund not used for 5898 M MAINTENANCE of union high school length of school year "963-596') of kindergartens special school fund 5927 high schools ~>'.'77p MALICIOUS PROSECUTIONS under compulsory education law a in MAP of boundaries of district county superintendent prepare 5S85 M F.ETTNGS for organizing union high school rrr.fl for contracting bonded debt special first and second-class districts 5942 board of directors regular, special or adjourned 5923 special in district of third class petition notice 5954 of school board and district president preside over 5934 secretary record proceedings of 5935 secretary give notice of 5936 to vote upon free text books H925 for organization of new districts 5907 for uniting districts 5909 142 INDEX. MEETINGS Continued. Section of electors in third-class district officers 5955 of boards of directors of county 5977f of union high school committee. 5961a of high school committee 5977h of state board of education 5867 for organizing county high school 5977b of state board of examiners 5869a MISDEMEANOR persons employing children during school hours guilty of 541-543 failure to publish call for payment of school warrants 182(3 superintendent or officer failing to perform duty guilty of 5941 MILEAGE of county superintendent county commissioners may allow exception.. 2575 MONEY amount of received expended, etc., by school board 5936 MONTH school what constitutes 6013 MUTES see '"Deaf and Blind." N NARCOTICS see "Alcoholic Drinks and Narcotics." NEGOTIABILITY of school district bonds 5945e NON-RESIDENTS admitted to deaf and blind school 4334 admitted to public schools when 6009 NORMAL DISTRICTS number of boundaries 5996 NORMAL INSTITUTE FUND- see "State Normal Institute Fund." how created how disbursed 5996 .state normal institute fund 5S92-5993 state divided into districts, classification of counties who conduct 5996 expenses of how paid registration fee 5996 appropriation by county commissioners 5996 number of boundaries 5996 where held when conductor instructor 5996 five per cent, credit for attendance at 5996 session of '. 5996 teacher not paid for attendance 5996 pay for service's as conductor 5996 time and place of how determined 5996 fee : 5996 NOTICE by county superintendent of appeal 6003 to adverse parties upon appeal 6003 to director of violation of compulsory education law 544 of funds to pay warrants 5901 for presentation of school order for payment 1326 of election to contract bonded indebtedness 5942-5944 of special meeting in district of third class 5954 of meetings secretary give 5936 of meeting to organize new district from old 5907 of meeting to unite district 5909 of meeting to organize joint district 5911 for consolidation of districts 5911b of meeting to organize united high school 5956 of election for organizing county high school 5977b-c of annual election how and where posted 5918 L43 NOTICE Continued. Section publish failure to give 5918 of intention to be candidate for director publication of 5919 of special election failure to give 5920 of election to contract bonded indebtedness for hig-h school purposes 5977q of examination by county superintendent 5991 of meeting to fill vacancy in high school committee 5977g of examination for state diploma 5869a thirty days before reyocation of state diploma 5870 to county superintendent of apportionment of state school fund 5887 o OATH upon appeal 6005 president of state board of education administer 6006 administered to challenged voter 5945b of county superintendent 5877 county superintendent administer to directors, etc 5883 of directors filed 5922 of challenged voters .5919 of office trustees of state normal school take 6130 of state superintendent of public instruction 5872 administered to challenged voter 5877q OFFICE county superintendent commissioners provide 5880 keep open when 5886 OFFICER of school failing to enforce act 6012 subscribe oath to support constitution xii-8 failing to qualify office becomes vacant xii-10 elect to fill vacancy term expires xii-11 duty failing or refusing to perform 5941 not interested in public contract 4994 OFFICE SUPPLIES of superintendent of public instruction .5875 OFFICERS certain officers file oaths with secretary of state xii-9 of board of directors term powers 5915 of new districts from portions of old 590S of county high school committee 5977f-5977g of union high school committee 5956-59(51 < OFFICIAL BOND see "P.ond." OMISSION of county commissioner to levy school tax 5S94 ORDERS see "Warrants." ORGANIZATION of board of directors in first-class district .'!M.~ of new district from old 5907-590S of joint district 5911 of consolidated districts "911b-c of union high school ">!." 'if county high school f977b-f PARENTAL OR TRUANT SCHOOLS see "Truant Schools." PENALTY see "Fines." 144 INDEX. PENSION Section teachers' retirement fund 5995b PERSONAL, PROPERTY school board hold in trust *. 5925 PERSON'S of school 'age stated in report of board 5936 PETITION of voters to purge registration lists 5945m of special meeting in district of third class 5954 for organization of new district 5907 to annex or detach territory to district 5909 to submit question of county high school contents 5957 to commit child to truant school contents verification 59S2 to consolidate districts 5911b to organize joint districts 5911 to organize county high school 5977b PLACE of holding annual election 5918 of holding normal institutes 5996 POWERS of truant officer 534 of directors of first and second class 5915 of directors to make by-laws 5924 of election in 'district of third class 5955 of high school committee '. 5977k of directors over district high schools 5926 of school board 5925-5927-5928 of president of high school board , 59771 of secretary of high school board 5977m of treasurer of high school board 5977n of directors unchanged 5977o of directors in regard to bonds 5942 PREMIUM on district bonds issued under territory 5946 PRESENTATION of school orders for payment 1826-5900 PRESIDENT of high school committee, powers 59771 of directors sign bond 5945e administer oath to directors 5922 preside at meetings of school board and district 5934 sign orders on county treasurer appear in suits 5934 of school board act as judges of election 5919-5945-5977d PRESIDENT OF STATE AGRICULTURAL COLLEGE recommend member of state board of examiners 5869 PRESIDENT OF STATE BOARD OF EDUCATION administer oaths upon appeal render decision 5866-6006 PRESIDENT OF STATE NORMAL SCHOOL assist in fixing time and place of building normal institutes ...5996 recommend member of state board of examiners 5869 PRESIDENT STATE SCHOOL OF MINES recommend member of state board of examiners 5869 PRESIDENT OF STATE UNIVERSITY recommend member of state board of examiners 5869 PRINTING of school laws how paid 5874 registers and blank books how paid 5874 test charts for medical examination 5873b PROPERTY annexed to district liable to bond tax 5948 of new district formed from old ...5912 i MUOX. 145 PUBLICATION Section of county examinations 5991 of call of payment of school warrants failure penalty 1826 of statement of district funds in first-class district 5922 of notice of annual election 5918 of notices for voting on bonds 5944 PUBLIC CONTRACTS officers not interested in 4994 penalty 4995 officer dealing in warrants- penalty 1820 PUBLIC INDEBTEDNESS restrictions concerning xi-1, 2 PUBLIC INSTITUTIONS educational supported by state viii-1 what are educational viii-5 PUBLIC MONEYS embezzlement of makes person ineligible to hold office xii-4 PUBLIC SCHOOL INCOME FUND see "Funds." PUBLIC SCHOOL age of pupils who may attend ix-2 at least three' months' school in each district ix-2 providing for establishment and maintenance of free ix-2 no sectarian doctrines taught in '. ix-8 attendance at night 546 number of stated in report of board 5936 school board exclude immoral books, etc., from 5925 school board fix time for opetiing and closing 5925 public defined . ..!6008 taught in English language Spanish German 6010 humane treatment to animals 6010 German when taught 6010 certificates special teachers 6010 public open to children of school age 5990 who entitle'd to privileges 6009 must be maintained three months failure 5981 maintain organization entitled to fund 5891 PUNISHMENT of illegal voting 5919 PUPILS no distinction of in public school ix-8 number in school number enrolled attendance stated in report of board 5936 school board require to be furnished with books 5925 suspend or expel exclude under six years ' 5925 admitted from adjoining district tuition 5925 Q QUALIFICATIONS of electors vii-1 of elector for any civil or military office vii-fi religious test or qualification prohibited . ix-s of county officers xiv-10 of electors to vote on bonds :.5945 < .f teachers 5869f-5991-5994 of voters at school election 5931 at election to contract debt 5919 for admission to district high school 5926 for admission tc union high schooL ",970-5977 for conductor or instructor of normal institute 5996 of application for stale diploma r.S(;Oa-to-f of electors to voto on high school bonds 5977q 140 INDEX. QUESTIONS Section for examination of teachers prepared by state superintendent 5873-5994 for examination of kindergarten teachers 5927 R REAL ESTATE school board, hold in trust 5925 district take and hold, amount 5914 RECOMMENDATION for members of state board of examiners 5869 of state superintendent of public instruction 5875 RECORDER of county registe'r high school bonds 5977r RECORDS of bonds issued 5945g-5947 of transaction of truant officers 534 of county superintendent's office open to inspection 5881 of organization of new districts 5908 of joint district 5911 REDEMPTION of high school bonds 5977-s-t of bonds manner 5945f-5946 of refunding bonds of new bonds 5950-5952 REFUNDING bonded indebtedness of school district 5950 REGENTS OF UNIVERSITY election term of office body corporate ix-12 shall elect president term of office duties , ix-13 shall have control of funds of university ix-14 REGISTERS state superintendent to print and furnish 5874 teacher keep daily file with secretary 5995 additional kept by teacher 5995 REGISTRATION FEE see "Fee." REGISTRY of school district bonds when how 5945f of water for bonded indebtedne'ss 5945f RELIGION instructions in not to be given in parental or truant school 5981 inmates of such school may receive training in 5981 RELIGIOUS SERVICE teachers and stude'nts not required to attend ix-8 REMOVAL of officer when 4995 of teacher 5925-5977k RE NT- school house school board may 5925-5977k REPAIR school houses school board may 5925-5977k REPORT of high school committee 5977k see "Bietinial Report." of certificates granted by directors of first-class districts 5994 annual of county superintendent 5880 penalty for failure' of county superintendent to make 5882 secretary to preserve copies of 5935 make annually what contain 5936 of school board annual 5925 to state superintendent 5925 of election judges make and transmit 5920 of fines collected by justice' of peace 3874 INDEX. 147 REPORT Continued. Section if county treasurer of amount of fines received county superintendent make annual of Arbor Day 2944 of teacher for medical examination 5995a RESIDENCE of an unmarried person 5939 REVOCATION of certificate by county superintendent 5994 of state diploma 5870 RULES of state superintendent board enforce 5925-5977k of meetings in third-class districts 5955 state board of education adopt 5867 s SALARY of county superintendent -2'>~7, of assistant state librarian 5876 SCHOOL see "Public school." SCHOOL AGE defined C014 SCHOOL BOARDS see "Directors." SCHOOL BUILDINGS see "Buildings." SCHOOL CENSUS secretary take annually forward to county superintendent 5935 copy for districts of first and second class 5935 of new district 5907 basis of division of school fund in new district 5912 define'd 6014 of joint districts 5911 SCHOOL DAY what constitutes 6013 SCHOOL DISTRICTS see "Districts." SCHOOL FUND see "Funds." SCHOOL FURNITURE see "Furniture." SCHOOL FOR DEAF AND BLIND see' "Deaf and Blind." SCHOOL GROUNDS creating- debt to purchase 5919 district may hold real estate 5914 SCHOOL HOUSES number and value stated in report of board 5936 school board may rent, insure, build or remove 5925-5977k of new district formed from old 5912 site of fixe'd by electors in third-class district 5955 sale of electors in third-class district 5955 building or removing of 5925-5977k SCHOOL LANDS sections 16 and 36 are En. Act-1 seventy-two sections for university En. Act-H how-soldprice v En. Act-14 mineral lands excepted En. Act-15 SCHOOL LAWS published by superintendent of public instruction 15874 how distributed ...5874 148 INDEX. SCHOOL LOTS Section see "Directors and Electors." exempt from taxation x-5 directors purchase or sell when . 5925 directors may hold when 5925-5977i-j-5914 SCHOOL MONTH see "Month." SCHOOLS see "Public Schools." SCHOOL YEAR se'e "Year." SEAL of district attached to bonds 5945e-5977 SECTARIAN INSTITUTIONS appropriations to, from school fund prohibited ix-7 SECRETARY OP HIGH SCHOOL COMMITTEE give notice of meeting 5956-5961-5977f SECRETARY OF SCHOOL BOARD see "Secretary." SECRETARY see "Directors" and "Elections." file transcript in office of county superintendent certify it 6003 ascertain number of blind and deaf mutes 5939 preside in absence of president 5934 give bond conditions approval where filed 5935 duties of 5935-5936-5937 failure to file report and census list 5938 school board to fix compensation 5925 give notice of annual election failure 5918 publish or post notice of candidates for election 5919 act as judges of election 5919 furnish ballots 5919 vacancy of office of 5934 SECRETARY OF STATE ' member of state board of education 5866 SEX right of suffrage to women of lawful age vii-2 no disqualification to vote at school election 5919 SPANISH taught in public schools when 6010 SPECIAL BUILDING FUND see "Funds" and "Special Tax." SPECIAL SCHOOL TAX see "Special Tax." SPECIAL TAX to pay interest on bonds cash 5945f-5947 amount of for support of schools, etc 5936 to pay school expenses when commissioners ' levy 5893 directors certify amount commissioners levy payable in cash 5895 not reconsider levy of 5896 .to pay interest on high school bonds for high school purposes 5977p-s STATE AUDITOR approve bond state superintendent public instruction 5872 draw warrants for printing school laws 5874 draw warrant for state school funds 5887 draw warrant for normal school fund 6128 STATE BOARD OF EDUCATION who shall constitute powers duties ix-1 not prescribe text books ix-1 6 appeal to, from county superintendent 6006 not render judgment for money 6007 who shall constitute 5866 INDEX. 149 STATI-: r.<>ARD OF EDUCATION Continued. Section meeting and powers of 5867 grant diplomas 5868 state diplomas revoked by 5870 appoint state board of examiners 5869 grant state diplomas on recommendation of state board of examiners.. 5869a-f mt honorary state diplomas 5869e Mt certificates to graduates of colleges within state 5869f STATE BOARD OF EXAMINERS who constitutes 5869 STATE BONDS see "Bonds." STATE BOARD OF LAND < '< >M.\! 1SSK >NKRS who constitutes powers ix-9 duties of general assembly provide for sale ix-10 STATE DIPLOMAS see "Diplomas." STATE NORMAL, INSTITUTE FUND how constituted 5993-5996 apportioned used 5892 STATE NORMAL SCHOOL established at Greeley 6125 trustees corporate' powers seal 6129 governor appoint trustees oath term superintendent of public instruc- tion member 6130 maintenance of 6128 STATE SCHOOL FUND see "Funds." STATE .SUPERINTENDENT OF PUBLIC INSTRUCTION 'Superintendent of Public Instruction." STATE UNIVERSITY regents of terms ix-12 president of ex-officio member of duties ix-13 duties of board of regents , ix-14 STUDY "Course of Study." of alcoholic drinks and narcotics 8011 SUFFRAGE see "Election." eligibility to office : vii-4 SUITS- to recover fines, penalties and forfeitures .".897 SUPERINTENDENT OF PUBLIC INSTRUCTION' executive department consist of whom iv-1 who eligible ". iv-4 ex-officio state librarian iv-20 president of state board of education ix-1 member of state board of land commissioners j x .p take oath to support constitution xii-S dirr-et apportionment of general fund when :.O:N publish flag act with school law :,-. in- pay examination fees to state treasurer apportion state normal institute fund ,~R02 promote observance of arbor day ;]r>n certify to state auditor number of I'ersons attending normal institute 5996 assist in fixing time and place of holding normal institutes ."006 president state' board of education... :,M;I; president state board of examiners member board of trustees of state normal school 6130 when elected term ."S71 oath and bond ."S72 office duties -powers r,x7^ 150 INDEX. SUPERINTENDENT OF PUBLIC INSTRUCTION Continued. Section furnish registers and blank books 5874 approve bills for printing- school laws t 5874 certify to state treasurer for blanks 5874 publish school laws .5874 supervision of county superintendent and public schools 5874 biennial report visits expenses 5875 governor may require information of 5875 apportionment of school fund certify 5887 assistant librarian salary 5876 prepare test cards, blanks, etc., for medical examination of children in the public schools 5873a SUSPENSION of pupils by school board 5925 T TAX see "Special Tax." to pay principal of bonds interest 5945f amount of fixed by ele'ctors in third-class district 5955 minimum levy for general fund 5895 limit of levy for high school collection paid out 5977f no increase beyond legal rate to provide for truant school 5979 for payment of high school bonds 5977s for payment of district bonds 5945f TAXATION what property exempt x-5 TAXES to pay bonds commissioners levy 5945f county treasurer certify amount collected and uncollected 5899 county commissioners levy county school basis limit 5893 county school paid in cash '. 5893 apportionment of two-mill levy 5893 duties of county commissioners in regard to levy 5893 legal custodian 5893 county clerk must levy officers failing forfeiture 5894 for library special school fund 5895 school board certify 5895 to pay high school bonds commissioners levy 5977s for maintaining high school 5977p levy not to be considered 5896 levy can not be changed 5896 TEACHERS number employed stated in report of board amount paid 5936 school board determine number 5925 board required to conform to law 5925 employed and discharged by school board 5925 examination of 5991 pay examination fee 5992 of kindergarten have diplomas 5927 examination of, for state diplomas 5868-5869a granted state diplomas 5868-5869a granted temporary non-renewable 5869f must have license expiration proviso 5990 dismissal of for cause only 5990 license' of qualifications 5869a-5991 no compensation without license 5990 employment of 5990 special subjects required of 5991 certificate, expiration of 5990 certificates, endorsement of. 5991 teacher keep register statistics blanks 5995 INDKX. 151. TEACHERS Continu. 1 1. Section notify county superintendent of beginning and close of term 5995 reports forfeiture of salary upon failure 5995 jurisdiction of 5995 special 5990 directors' power over pupil and teacher 5925 dismissal of 5925-5977K no appeal on unaccepted papers from another county 5995 medical examination of children in the public schools 5995a retirement fund of 5995b-c appeal to state board of education 6006 TEACHERS' NORMAL INSTITUTES see "Normal Institutes." TERM- of office of county superintendent 5877 of office of school directors and officers 5915 of office of directors appointed first-class districts 5924 of school fixed by school board 5925-5977k of office of directors in new district 5908 of office of high school committee 5926-5961 of office of union high school committee 5961-5976 of school year of high school 5925-5969-5977k of office of superintendent of public instruction 5898 of office' of directors in joint districts 5909 of office of directors in consolidated districts 5911c of office of county high school committee 5977g TERRITORY annexed or detached from district 5909-5911-5911a TESTIMONY taken upon appeal from directors 6005 none taken upon appeal from county superintendent 6006 TEXT BOOKS prohibition in regard to ix-16 when furnished free 5925-5977k school board designate kind not changed exception 5925 TIE vote at regular election 5920 TIME of apportionment of general school fund 5887 of holding institutes 5996 of annual election 5918 of examination 5991 TRANSCRIPT of record upon appeal to county superintendent : 6003 of proceedings before county superintendents -..6006 TREASURER OF SCHOOL, BOARD act as judge of election for bonds 5945 of school district advertised pay district bonds 5945f-fi977s purchase territorial bonds premium 5946 invest funds in United States bonds record S94fi collect interest coupons turn over proceeds E947 failure to publish call for school warrants misdemeanor 1826 give bond publish statement of district funds in first-class district 5922 countersign and keep account of warrants .">940-5977p take? charge of moneys pay same out 59-10 render statement failure to perform duties 5940-5941 act as judge of election 5919 of high school committee 5077n TRUANT habitual to be brought before county court 59S2 committed to parental or tnuint school appeal 5983 expense of, how paid 5984 151* INDEX. TRUANT OFFICER Section directors in first and second-class districts appoint 534 compensation powers duties record , .534 make complaint to county court 535-536 report indigent parents or guardian 537 duty under parental or truant school act 5982 TRUANT SCHOOLS no religious test ix-S parent or truant child fined imprisoned 535 to be established when where 5978 building site location no increase of levy 5979 duty of board of education to furnish of city where established 5979 powers and duties of officers course of instruction teachers 5980 no religious instructions in regulation 5981 child committed to by county court on petition 59c2 parent notified of proceedings to commit to 59S2 hearing commitment notice to parent 5983 parent or guardian pay maintenance '. 5984 board of education make rules for parole 5985 discharge re-commitment monthly report 5986 violation of parole re-committed 5987 incorrigible' child committed to juvenile reformatory ; 5988 established in cities over 25,000 under 100,000 5989 TRUSTEES of state normal school number powers 6129 governor appoint term of office oath 6130 superintendent of public instruction member 6130 TUITION school board determine rate for non-residents 5925 TUITION FEE- determined by school board 592o-5977k from non-residents of high school districts 5925 Sec. 15 u UNION HIGH SCHOOL see "High School." UNITED STATES BONDS see' "Bonds." V VACANCY , in office of county superintendent how filled i:>".0 of school directors how filled 5884 of school director 5922 in- board of directors absence may work 5934 in boards of first-class districts 5924 on judges of election how filled 5919 in county high school committee how filled 5977g of union high school committee how filled 5961 in judges of election for high school 5977d in judges of election for bonds 5977 e VIOLATION of compulsory education law penalty 538 VISITS of superintendent of public instruction 5.S7.1 VOTE of elector rejected when 5919-5945b-5977q VOTER see "electors." upon issuance of bonds challenge 5945b-5977q two may give notice of annual election 5918 in annual ele'ction challenge 5919 INDEX. 153 w WAGES Section school board fix amount <>f and pay . . . 5925-5977q of truant officer .'...':; 1 WARRANTS endorsed by county treasurer listed draw interest paid 5901 in excess of tax levy unlawful 5901 county treasurer pay in order of registration notice to present 1326 failure of county treasurer to publish call for payment of 1826 upon county treasurer president sign drawn to person indebted 5934 secretary draw and countersign 935 secretary draw and countersign keep register of 5935 treasurer countersign and keep account of 5940 not drawn for payment of delinquent officer 5941 rate of school interest endorsed thereon 3164 officer not deal in 4994 YEAR pahool begin-end 5925-5977k-6013 UNIVEKSITY OF CALIFORNIA LIBRARY, BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, increasing to $1.00 per volume after the sixth day. Books not in demand may be renewed if application is made before expiration of loan period. OCT 10 ^928 50m-7,'2'i ye 06623 381483 i UNIVERSITY OF CAUFORNIA LIBRARY