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among the people an interest in the public schools. He shall receive the reports of the district directors, and shall annually on or before August 10, prepare in tabular form an abstract of the reports made to him by the directors of the school districts embraced within his county, showing the number of organized districts in his county on the 1st day of July preceding; districts that have made their annual reports; number of persons in each district between the ages of 6 and 21 years, distinguishing the sex and color of said persons ; number of said persons that attended school during the year, the average number of males and females in daily attendance, and the number that pursued each of the studies designated to be taught in the common schools ; number of teachers of each sex employed in his county, average wages paid per month to teachers of each sex, according to the grade of their certificates, whole amount paid as teachers' wages in his county, number of pupils that studied in his county, and the several branches taught; number of schoolhouses erected during the year in his county, material and cost of same, number before erected, material used in their construction, their condition, and value; number of grounds inclosed ; amount of money raised by tax in each district, and for what purpose raised ; amounts expended and for what purposes; amount of revenue received by his county from the common school fund and received for the support of schools from each of all other sources; for what purposes and in what sums the said revenues were expended, and what amounts unexpended were at the close of the school year in the county treasury; and shall report also the number of deaf mutes, blind, and insane in each school district in his county under 30 years of age, their names and their post-offices. Failing to make this report he shall forfeit $25. His expenses for actual and unavoidable expenses of his office to the sum of $25 may be allowed by the county court.

District board.--The county court shall have power to dissolve any school district when petitioned by a majority of the electors concerned to do so. No school district shall be formed having less than 25 persons of the scholastic age.

The electors of every school district shall, when lawfully assembled in annual district school meeting, with not less than five electors present, have the power, by a majority of the votes cast at such meeting, to choose a chairman; adjourn from time to time; appoint when necesary, in the absence of the directors of the district, a clerk pro tempore; elect a director for the district for the next three school years who can read and write; designate a site for a schoolhouse; determine the length of time during which a school shall be taught more than three months in the year; determine what amount of money shall be raised by tax, not to exceed one-half of 1 per cent on the taxable property of the district, sufficient, with the public school revenues apportioned to the district, to defray the expenses of a school for three months, or for any greater length of time they may decide to have a school taught during the year. They may, if sufficient revenue can not be raised to sustain a school for three months in any one year, determine by ballot that no school shall be taught during such year, in which case the revenue belonging to such district shall remain in the treasury to the credit of such school district.

There shall be annually elected by the voters in each school district a director, who shall hold his office for the term of three years and until his successor shall have been elected and qualified. Any person who shall have been elected or appointed a director and shall neglect or refuse to qualify and serve as such shall forfeit to his district the sum of $10, which may be recorered by action against him at the instance of any elector in the district, and which, when collected, shall be paid into the county treasury by the officer before whom the action was maintained and added by the treasurer to the school-fund revenues appropriated by the district. Any director who shall neglect or fail to perform any duties of his office shall forfeit to his district the sum of $25.

The directors shall have charge of the school aff:urs of their districts and shall have the care and custody of the schoolhouses and grounds, books, records, papers, and other property belonging to the district, shall carefully preserve the same, preventing waste and damage, and shall purchase or lease, in the corporate name of the district, such schoolhouse site as may be designated by a majority of the legal votes at the district meeting; shall hire, purchase, or build a schoolhouse with funds provided by the district for that purpose, and may sell or exchange such site of schoolhouse when so directed by a majority of the electors of any legau meeting of the district.

They shall hire teachers, but shall not employ any teacher who is related to any of them within the fourth degree of consanguinity or affinity, unless peti.

tioned to do so by three-fourths of the patrons of the district; shall adopt text-books, visit the schools at least once each term, and when not of a special district may expend annually as much as $25 for maps, charts, globes, dictionaries, and other apparatus, subject to the approval of the State superintendi ut.

They shall procure from the county examiner and furnish the teacher at the commencement of the term a register for his school, and require the said teacher to report in the said register at the close of the school term the number of days of the said term, name and age of each pupil, date on which each entered the school, separate days on which each attended, whole number of days each attended, studies each pursued, total number of days all pupils attended, average daily attendance, and the number of visits received from the directors during the term.

They shall submit to the district at the annual meeting an estimate of the expenses of the district for that year, including the expenses of a school for the term of three months for the next year, after deducting the probable amount of school moneys to be apportioned to the district for that school year, and shall also submit an estimate of the expenses per month of continuing the school beyond the term of three months, and of whatever else may be necessary for the comfort and advancement of the said school.

Cities and towns may organize as separate school disti with a board of six directors.



Certificates.-Any person who shall teach without a certificate of qualification shall not be entitled to compensation for such service from common school funds, unless his license expires during the term named in the written contract with the board of directors.

The State superintendent shall furnish the county examiner suitable questions for the examination of teachers. He may grant State life certificates to any person in the State who may pass a thorough examination in all those branches required for county certificates, and also algebra, geometry, physics, rhetoric, mental philosophy, history, Latin, the Constitution of the United States and of Arkansas, natural history, and the theory and art of teaching. He may grant a professional certificate, valid in any county for six years, to any person who shall pass an examination in the branches required for a first-grade certificate and in plane geometry, general history, algebra, and rhetoric.

It shall be the duty of the county examiner to examine and license teachers ; but no person shall be licensed who is given to profanity, drunkenness, gambling, licentiousness, or other demoralizing vices, or who does not believe in the existence of a Supreme Being. The examiner shall not be required to give private examinations. To those passing a satisfactory examination in grammar, arithmetic, United States history, reading, writing, spelling, and geography, he may grant a third-grade certificate, valid in the county for six months; for a secondgrade certificate are required the additional branches of Arkansas history, physiology and hygiene, and theory and practice of teaching; for a first grade elementary algebra and civil government still additional. In addition, every applicant shall be examined as to his knowledge and proficiency in the method of designating and reading the survey of lands by ranges, townships, and sections, as platted and designated by the United States Government.

The county examiner may cite to reexamination any person holding a license and under contract to teach any free school in his county; and on being satisfied by reexamination or other means that such person does not sustain a good moral character or has not sufficient learning or ability to render him a competent teacher, he may revoke the license of such person; and case of such revocation he shall immediately give notice to the teacher and directors involved and thereby terminate the contract between said parties, but the wages of such teacher shall be paid for the time he actually taught prior to such notice. (See also Organization-County examiner.)

Other duties.-Every teacher shall keep a daily register of his school in the manner prescribed by law and indicated by the blank school register to be furnished by the directors at the beginning of his school. No teacher shall be entitled to the last month's pay for any school taught by him until he shall have returned to the directors of the district the daily register, with all statistical work required by law perfected and complete. Every teacher shall follow as

closely as practicable the course of study issued by the department of public instruction.

Institutes.-It shall be the duty of all teachers of the public schools to attend one institute annually, which shall be held by the county examiner after having given twenty days' notice of the time and place, and no teacher shall be charged for loss of time while necessarily absent from his school to attend such institute or to atterd a quarterly examination.


Attendance--Character of instruction--Tert-booksBuildings.

the year.


Attendance.--The district board shall make provision for establishing separate schools for white and colored children of school age, and shall adopt such other measures as they may judge expedient for carrying the free school system into uniform operation throughout the State, and providing as nearly as possible for the education of every youth 6 to 21 years of age for at least three months in

In special districts schools shall be kept open at least three, but not more than ten, months.

Character of instruction.The board of directors in special districts may establish primary, graded, or high schools and employ a superintendent. [Reference is made to the studies in which teachers are required to be examined or the text-books used as indicating the branches taught in the public schools.]

Tert-books.—The State superintendent shall prepare, for the benefit of the common schools of the State, a list of text-books on orthography, reading in English, mental and written arithmetic, penmanship, English grammar, modern geography, and history of the United States as are best adapted to the wants of the learner, and as have been prepared with reference to the most philosophical methods of teaching those branches, and shall recommend the said text-books to teachers and to directors throughout the State. At the annual school election on the third Saturday in May the voters of each school district may vote on the question of uniformity of text-books. If a majority of the votes cast be in favor of uniformity, the county judge shall appoint two citizens interested in public schools and the State superintendent shall appoint two teachers holding firstgrade certificates who, with the county examiner as chairman, shall constitute the county schoolbook board and shall select a series of text-books to be used exclusively in the county for six years. Any teacher using any other book instead of those adopted by said board shall be subject to a fine of not less than $15. Fine for selling book at higher than contract price not less than $10.

Buildings.-The directors have the care and custody of the district school property, and shall acquire or sell property when directed by a majority of the electors in other than special districts.

Any person who shall willfully destroy or injure any building used as a schoolhouse or for other educational purposes, or any furniture, fixtures, or apparatus thereto belonging, or who shall deface, mar, or disfigure any such building, furniture, or fixtures, by writing, cutting, painting, or posting thereon any likeness, figure, words, or device without the consent of the teacher or other person having control of such house, furniture, or fixtures shall be fined in a sum double the value of any such building, furniture, fixtures, or apparatus so destroyed, and shall be fined in a sum not less than $10 nor more than $50 for each offense for writing, painting, cutting, or pasting in any such building, furniture, or fixtures any such words, figures, likeness, or device, to be recovered by civil action in any court of competent jurisdiction, and this punishment is not in lieu of that provided by the statutes for such offenses.


Funds (permanent or special)--Taration.

Funds (permanent or special).—The proceeds of all lands that have been or bereafter may be granted by the United States to this State and not otherwise appropriated by the United States or this State; also moneys, stocks, bonds, lands, and other property now belonging to any fund for purposes of education ; also the net proceeds of all sales of lands and other property and effects that may accrue to this State by escheat, or from sales of estrays, or from unclaimed dividends or distributive shares of estates of deceased persons; also any proceeds of the sale of public lands which may have been or may be hereafter paid

over to the State (Congress consenting); also 10 per cent of the net proceeds of the sales of all State lands; also all grants, gifts, or devises that may have been or hereafter may be made to this State, and not otherwise appropriated by the tenure of the grant, gift, or devise, shall be securely invested and sacredly preserved as a public fund that shall be designated as the “ common school fund of the State, and which shall be the common property of the State, except the proceeds arising from the sale or lease of the sixteenth section, the principal of which shall never be apportioned or used.

The annual income from said fund, together with $1 per capita annually assessed on every male inhabitant over the age of 21 years, and so much of the ordinary annual revenue of the State as may hereafter be set apart by law for such purpose, shall be faithfully appropriated for maintaining a system of free common schools for this State, and shall be appropriated to no other purpose whatsoever. The State auditor shall, on requisition from the State superintendent of public instruction, draw warrants on the State treasurer for payment to the several county treasurers of the school revenues due their respective counties.

The management of the common school fund shall be vested in a board of commissioners of the school fund, composed of the secretary of state, the auditor, and State superintendent of public instruction.

Taration. The general assembly shall provide by general laws for the support of common schools by taxes, which shall never exceed in any one year 2 mills on the dollar on taxable property, and a per capita tax of $1 on every male inhabitant of the State over 21 ; provided, it may authorize school districts to levy a tax not to exceed 5 mills on the dollar in any one year for school expenses. (See also Organization ; District board.)



State board of cducation-State superintendent of public instruction-County

board of trustees of the School Teachers' Annuity and Retirement Fund "County board of education--l'ounty superintendent of schools-District board of school trustees-City board of education.

State board of education.—The State board of education shall be the governor, the president of the University of California, the professor of pedagogy in that institution, the State superintendent, and the principals of the State normal schools, the governor being president and the superintendent secretary of the board. The duties of the board are to adopt regulations for the government of the public schools and the district school libraries; to prescribe by general rule the credentials upon which persons may be granted certificates to teach in the high schools of this State. No credentials shall be prescribed or allowed unless the same, in the judgment of said board, are the equivalent of a diploma of graduation from the University of California, and are satisfactory evidence that the holder thereof has taken an amount of pedagogy equivalent to the minimum amount of pedagogy prescribed by the State board of education of this State and include a recommendation for a high school certificate from the faculty of the institution in which the pedagogical work shall have been taken. The said board shall also consider the cases of individual applicants who have taught successfully for a period of not less than twenty school months, and who are not possessed of the credentials prescribed by the board under the provisions of this section. The said board, in its discretion, may issue to such applicants special credentials upon which they may be granted certificates to teach in the high schools of the State. In such special cases the board may take cognizance of any adequate evidence of preparation which the applicants may present. The standard of qualification in such special cases shall not be lower than that represented by the other credentials named by the board under the provisions of this section. To grant diplomas entitling the holder to teach; to have done by the State printer or other officer having the management of the State printing any printing required by it, provided that all orders for printing shall first be approved by the State board of examiners; and to designate some educational monthly journal as the official organ of the department of public instruction. One

ED 1904 M-17

copy of the Journal so designated shall be furnished by the county superintendent to the clerk of each board of district trustees, to be placed by him in the district library, and the county superintendent of schools shall draw his warrant semiannually in favor of the publishers of such school journal for a sum not exceeding $1.50 a district for each school year and charge the same to the library fund of the district. The actual traveling expenses of the members incurred in attending the meetings of the board shall be paid out of the general fund in the State treasury.

State superintendent of public instruction.--Every four years there shall be elected a State superintendent of public instruction, whose duty shall be: First. To superintend the schools of this State. Second. To report to the governor, on or before the 15th day of September preceding each regular session of the legisture, a statement of the condition of the State normal schools and other educational institutions supported by the State, and of the public schools. Third. To accompany his report with tabular statements, showing the number of school children in the State; the number attending public schools, and the average attendance; the number attending private schools, and the number not attending schools; the amount of State school fund apportioned, and the sources from which derived; the amount raised by county and district taxes, or from other sources of revenue, for school purposes; and the amount expended for salaries of teachers, for building schoolhouses, for district school libraries, and for incidental expenses. Fourth. To apportion the State school fund, and to furnish an abstract of such apportionment to the State comptroller, the State board of examiners, and to the county auditors, county treasurers, and county superintendents of the several counties of the State. Fifth. To draw his order on the comptroller in favor of each county treasurer for school moneys apportioned to the county. Sixth. To prepare, have printed, and furnish all oflicers charged with the administration of the laws relating to the public schools, and to teachers, such blank forms and books as may be necessary to the discharge of their duties, including blank teachers' certificates to be used by county boards of education. Seventh. To have the laws relating to the public schools printed in pamphlet form, and to supply school officers and school libraries with one copy each. Eighth. To visit the several orphan asylums to which State appropriations are made, and examine into the course of instruction therein. Ninth. To visit the schools in the different counties, and inquire into their condition; and the actual traveling expenses thus incurred (provided that they do not exceed $1,500 per annum) shall be allowed, audited, and paid out of the general fund in the same manner as other claims are audited and paid. Tenth. To authenticate with his oflicial seal all drafts or orders drawn by him, and all papers and writings issued from his oflice. Eleventh. To have bound, at the State bindery, all valuable school reports, journals, and documents in his office, or hereafter received by him. Twelfth. To report to the comptroller, on or before the 10th day of July of each year, the total number of children in the State between the ages of 5 and 7.years, as shown by the latest reports of the county superintendents on file in his office. Thirteenth. To deliver over, at the expiration of his term of office, on demand to his successor, all property, books, documents, maps, records, reports, and other papers belonging to his office, or which may have been received by him for the use of his oflice.

Ile shall have power to call, biennially, il convention of the county and city superintendents, to assemble at such time and place as he shall deem most convenient, for the discussion of questions pertaining to the supervision and administration of the public schools, the expenses of the superintendents being met by the State.

County boards of education.-Except in any city and county, there shall be a county board of education, which shall consist of the county superintendent of schools and of four other members, appointed by the board of supervisors of the county; a majority of the members appointed shall be experienced teachers, holding not lower than grammar school certificates in full force and effect: Provided, That in all counties in which there are one or more high schools at least one of the appointive members of the board for such county or counties shall hold a certificate of the high school grade. Each county board shall meet annually at such time as they may determine. Special meetings may be called by the superintendent whenever the exigencies of the schools may require them to be held.

Examination of applicants for teachers' certificates shall be held only at the annual meeting of the board, but certificates upon credentials may be granted and certificates renewed at any meeting of the board.

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