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tendents and teachers may think best in order to show the pupils the value and beauty of forestry by practical tree planting on school, church, and other public lots, lawns, and highways.
Common school fund-Apportionment—County tax. Common school fund.—The sources froin which the common school fund is derived are as follows: Poll tax; special tax on shows and exhibitions; all tax on the sale of spirituous and malt liquors; dividends upon the stock of the State in the Bank of the State of Georgia, Bank of Augusta, Georgia Railroad and Banking Company; one-half of the proceeds of the Western and Atlantic Railroad, or one-half of the net earnings of said railroad under any change of policy which the State may adopt concerning same; all endowments, devises, gifts, and bequests made or hereafter to be made to the State or State board of education; the proceeds of any commutation tax for military service; all taxes which may be assessed on such domestic animals as from their nature and habits are destructive to other property; all money received by the agricultural department of the State for the inspection of oils and fertilizers in excess of the expenses of said department; the net amount arising from the hire of convicts; money accruing from the lease of oyster lands; such other sums as the legislature may raise from time to time by taxation for educational purposes; fines for illegal granting of diplomas by medical colleges; fines for the sale of rejected illuminating oil or tuids, or for wrongful use of branded vessels for illuminating oil or fluids, payable to the school fund in the county where prosecution is made, as is also one-half of fines for cruelty to animals; gaming contracts-money recovered after six months goes to public school fund of county in which suit is entered; property not returned but assessed-overplus above amount due and costs, goes to educational fund, subject to claim of true owner within four years.
Apportionment.-On the first day of each month the State treasurer shall place to the credit of each county in the State on his books its proportion of the common school fund in the treasury, such proportion to be deterinined by the State school commissioner, comptroller-general, and treasurer, based upon the scholastic population. Each county school commissioner shall transmit to the State school commissioner an itemized statement of the various suns due and unpaid on the first day of each month by the county board, and when said statements shall have been approved by the State school commissioner, the governor shall issue his warrants upon the treasurer for all funds standing to the credit of each county, or for such part thereof as may be needed to cover said itemized statement, and the treasurer shall draw his check in favor of each county school commissioner accordingly.
County tar.-In any county where a school system is not in existence, or where the common school fund is not sufficient for the support of same, whenever two successive grand juries shall so recommend, an election shall be held to determine whether a local tax shall be collected for school purposes. If twothirds of the lawful rotes cast at such election shall be in favor of such local taxation, the county board of education shall levy an ad valorem tax not to exceed one-fourth of 1 per cent upon all the taxable property, and the tax collector shall collect the same from year to year as other taxes are collected.
1. ORGANIZATION OF THE SYSTEM.
State superintendent-County superintendent-Tounship school trustees-Dis
trict board of directors---City and village boards of education.
The State superintendent. There shall be elected every four years a State superintendent of public instruction, who shall hold his office for four years. He shall take the oath of office, and shall give bond in the penalty of $25,000 with securities, conditioned for the prompt discharge of his duties as superintendent and for the faithful application and disposition, according to law, of all school moneys that may come into his hands by virtue of his office. His salary shall
be fixed by law as a salary for the services required under the provisions of this act or other law that may be passed. All necessary contingent expenses for books, postage, and stationery pertaining to his office shall be audited and paid by the State as the salary and contingent expenses of other officers are paid. It shall be his duty to keep an office at the seat of government of the State; to file all papers, reports, and public documents transmitted to him by the school officers of the several counties each year separately ; to keep and preserve all other public documents, papers, and books relating to the schools coming into his hands as superintendent, and to hold the same in readiness to be exhibited to the governor or to any committee of either house of the general assembly ; to keep a fair record of all matters pertaining to the business of his office; to pay without delay all money which may come into his hands by virtue of his office to the officer or person entitled to receive the same in the legal manner; to counsel and advise in such manner as he may deem best, with experienced and practical school-teachers, as to the best manner of conducting common schools; to supervise all the common and public schools in the State; to be the general adviser and assistant of county superintendents of the schools of the State ; to address circular letters to county superintendents from time to time, as he shall deem for the interests of schools, giving advice as to the best manner of conducting schools, constructing and furnishing schoolhouses, and examining and procuring competent teachers; to report to the governor the condition of the schools, their number for each preceding year by counties, the number taught exclusively by men and exclusively by women, the number taught by men and women at same time and at different periods, the attendance, the number of persons under 21 years of age, and the number 12 to 21 years that are unable to read and write, the amount of township and county funds, the amount of the interest of the State or common-school fund, and of the interest of the township and county fund annually paid out, the amount raised by an ad valoreni tax, the amount annually expended for schools, the number of schoolhouses, their kind and condition, the number of townships and parts of townships in each county, the number and description of books and apparatus purchased for the use of schools and school libraries, the price paid therefor, the total amount purchased and what quantity and how distributed, the number and condition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools, and the means of promoting education throughout the State, which report shall be laid before the general assembly at each regular session; to make such regulations as may be necessary and expedient to carry into effect the provisions of the school law; to be the legal adviser of all school officers, and when requested by a school officer to give his opinion in writing upon any question arising under the school laws; to hear appeals from county superintendents, they having certified to il written statement of the facts in issue; to grant State certificates to such teachers as may be found worthy to receive them; to be ex officio a member of the board of trustees of the University of Illinois, of the Southern Normal University, of the State board of education,a and to act as secretary thereof, of the Northern Illinois State Normal School, of the Eastern Illinois State Normal School, of the Western Illinois State Normal School, of the State library board, of the Natural History Museum, of the Lincoln Monument, of the Lincoln Homestead; to report to the general assembly at its regular session the condition and expenditures of the Normal University, and such other information as the State board or the general assembly shall direct; and finally, to visit such of the charitable institutions of the State as are educational and to examine their facilities for instruction, and to prescribe forms for such reports as he may desire from the superintendents thereof. He shall be vested with the following powers: To direct and cause the county superintendent of any county, directors or boards of trustees or township treasurer, or other school officer, to withhold from any officer, township, district, or teacher any part of the common school or township or other school fund until such person or corporation shall have made all schedules, reports, and returns required of him by this act, and until sucli persons or bodies, unless excused by him, shall have executed and filed ali official bonds and accounted for all common school or township or other school funds which have theretofore come into his hands; to require county superintendents to furnish him the information he desires to embody in his report to the general assembly, and
a See Teachers- l’reliminary training.
to require at any time from the township board a report on the condition of schools under its care, and to determine what statistics local oflicers shali report to county superintendents; to authorize county superintendents to procure such assistance as may be necessary to conduct county institutes; to grant permission to boards of education or boards of directors to establish classes for deaf and for crippled children in their respective schools, and to appoint teachers for such classes in said schools; to require annual reports from the authorities of incorporated towns, townships, cities, or districts having a system under special charter to the same extent as regular school officers are or may be required to make such reports; to require the president, principal, or other proper officer of every organized (whether incorporated or not) institution of learning to make a report that he may exhibit a fair and full statement of the condition of such institutions and of the educational resources of the State. He shall not be interested in the sale of any book or apparatus or furniture used or to be used in any school in the State, and for violation of this provision shall be fined not less than $25 nor more than $500, and may be imprisoned in the county jail not less than one month nor more than one year.
County superintendents.-There shall be elected every four years a county superintendent of schools, who shall be sworn in and shall execute a bond with joint and several sureties for $12,000, to be increased if deemed best, conditivned on the faithful discharge of his duties. In case of vacancy the county board shall appoint a successor. He shall be provided with a suitable office. In counties of not more than 100 schools the time of the superintendent may be limited by the county board; in counties of 50 or fewer schools the limit shall not be less than 150 days in the year; in counties of 51 to 75 schools, not less than 200 days a year; in counties of 76 to 100 schools, not less than 250 days a year. IIe may, with the approval of the county board, employ the assistants he needs for the full discharge of his duties at a compensation fixed by the county board, but they shall be persons of attainments, versed in the principles and methods of education, familiar with public school work, and competent to visit schools. The county superintendent shall receive in full for all services rendered by him 3 per cent upon the amount of sales of school lands or sales of lands upon mortgage, or sales of real estate taken for debt, including all services therewith; 2 per cent upon all sums distributed, paid, or loaned out by them for the support of schools. For all other duties required of him by law $4 a day for each day of actual service and $1 a day for expenses for the number of days actually spent in school visitation. He shall present il sworn-to itemized statement of his per diem compensation and expenses, together with a report of all his ofiicial acts or those of his assistants, including a list of all the schools visited. It shall also be his duty to sell township-fund lands, issue certificates of purchase, report to the county board and State auditor, and the other legal duties connected therewith; to number in consecutive order the school districts in his county and to prepare a map of the county showing the same; to register applicants for admission to the State normal universities and to the University of Illinois, and to assist in the examination of the same as directed; to hold annually, under the direction of the State superintendent, an examination for State university scholarships; to visit each school in the county at least once a year, and in the performance of this duty he shall spend at least half the time given to his office, and more if practicable, in visiting mgraded schools, noting the methods and the character of instruction; to direct teachers in the science and art of teaching; to act as the official adviser and constant assistant of the school officers and teachers, carrying out the advice of the State superintendent; to conduct a teachers' institute, and to aid and encourage the formation of other teachers' meetings and to assist in their management, and in every way to improve the condition of common schools; to examine all notes, bonds, mortgages, and other evidences of indebtedness which the township treasurer holds officially; and if he finds that the papers are not in proper form or that the securities are insufficient he shall so state in writing to the board of trustees; to give notice of the election of trustee or director in default of the board's doing so; to hold meetings quarterly for the examination of teachers and to grant certificates, keeping a record of the same; to keep a just and true account of all moneys received and all moneys paid out on account of the institute fund and report to the county board ; to report to the county board annually at its first regular meeting; to notify presidents of boards of trustees and clerks of school districts on or before September 30 annually of the amount of money paid by him to the township treasurer, with dates, and to receive and file, on or before the 15th day of July preceding each regular session of the general assembly and at such
other time as may be required by the State superintendent or himself, a state ment from the board of trustees of each township, giving such statistics and information as may be called for. He shall have power to require the township board of trustees to report the condition of the schools under it, to recom, mend the remission of the penalty for failure to report; to renew teachers' certificates at their expiration by his indorsement; to revoke the certificate of any teacher for immorality, or other cause; to direct in what manner township treasurers shall keep their books and accounts; to bring suit against the county collector for failure to pay State auditor's warrant, to remove any school director from office for willful failure to perform the duties of his office; to pay from the State school fund for the support of regularly organized classes for the deaf or for crippled children, and to lease and sell school lands.
Trustees of schools.--Each township is a township for school purposes. Frac tional townships containing less than 200 inhabitants may be consolidated with adjacent townships. The school business of the township shall be done by three trustees, one elected by the township annually, to serve three years. The trustees constitute a body politic and corporate, having perpetual existence. No person shall be eligible to the office of trustee of schools unless 21 years of age and a resident of the township, and no two trustees shall reside, when elected, in the same school district nor be eligible to the office of trustee of schools and school director at the same time. In case of vacancy, it shall be filled by popular election. Within ten days after the annual election of trustees the board shall organize by appointing one of their number president, and a person who, though a resident, is neither a director nor a trustee, as treasurer, if there be a vacancy in that office, who shall act as clerk. The board shall hold regular semiannual meetings, and special meetings may be held on the call of the president or two members. At the regular meetings the trustees shall examine all books, moneys, and securities of the corporation; shall ascertain the amount of State, county, and township funds on hand and subject to distribution, and shall apportion the same as follows: Whatever sum may be due for the compensation and the books of the treasurer, and such sum as may be deemed reasonable and necessary for dividing school lands, making plats, etc., and the remainder of such funds shall be divided among the districts or fractions of districts in which schools have been established in accordance with the provisions of the law and the instructions of the State and county superintendents during the preceding year ending June 30, in proportion to the number of children under 21 years in each. The funds thus apportioned shall be placed on the books of the treasurer to the credit of the respective districts, and the same shall be paid out by the treasurer on the order of the directors. The board of trustees of each township shall cause the treasurer, the clerk of the board, the directors of the several districts, or other person, to prepare and forward to the county superintendent a statement exhibiting the condition of the schools for the preceding biennial period, given separately each year, commencing on the 1st of July, which statement shall be as follows:
The whole number of schools which have been taught in each year; what part have been taught by men exclusively, by women exclusively, by men and women at the same time, and what part by men and women at different periods; the whole number of scholars in attendance at all the schools, by sex; the number of teachers, by sex; the highest, lowest, and average monthly compensation given to men and women teachers, giving each item separately; the number of persons under 21 years of age, making a separate enumeration of those above the age of 12 years who are unable to read and write, and the cause of the neglect to educate them; the amount of the principal of the township fund; the amount of interest of the township fund paid into the township treasury; the amount raised by ad valorem tax, and the amount of such tax received into the township treasury; the amount of all other funds received into the township treasury: amount paid for teachers' wages, for schoolhouse lots, for building, repairing, purchasing, renting, and furnishing schoolhouses, for school apparatus, books, and other incidental expenses for the use of school libraries, and as compensation to township officers and others; the whole amount of the receipts and expenditures for school purposes, together with snch other statistics and information in regard to schools as the State or county superintendent may require. Any township from which such report is not received in the manner and by the time required by law shall forfeit its portion of the public fund for the next ensuing year, subject to explanation and remission. The township treasurer is made the custodian of all township and district funds, but is subject to removal by the trustees. The board may sell or lease school property, make settlements
with devtors to them in their official capacity, establish a high school if directed to do so by a majority of the electors, lay off the township into one or more school districts, change districts when petitioned for by a majority of each of the districts affected by the change and by two-thirds of the voters in the territory transferred. In case any school district shall for two consecutive years fail to maintain a public school as required by law to do, the trustees of schools of the township or townships in which such district lies shall attach it to one or more adjoining districts. Trustees may not be interested in the profits on any book or apparatus, etc., to be used in any school with which they may be connected, and are personally liable for loss through their neglect of duty.
District board of directors.-In all school districts having a population of fewer than 1,000 inhabitants and not governed by any special act in relation to free schools now in force, there shall be elected a board of 3 directors, elected for three years, one retiring annually. Any person of either sex, married or single, 21 years of age, able to read and write in the English language, shall be eligible, as long as he resides in the district, to the office of school director, if not a member of the board of school trustees; vacancies are filled by a new election. The directors, within ten days after every election, shall meet and organize by appointing one of their number president and another clerk. They shall hold regular meetings at such times as they may designate, and special meetings as occasion may require. No director shall be pecuniarily interested in school affairs. It shall be the duty of the board to make a detailed report of their receipts and expenditures to the voters, and transmit a copy to the township treasurer within five days; to report to the county superintendent within ten days after employment the full names of all persons employed as teachers, the date of the beginning and the end of their contract; to provide for the necessary revenue to maintain free schools in their district in the manner provided; to maintain free schools for at least one hundred and ten days; to adopt and enforce all necessary regulations for the management and government of schools and to inspect them; to appoint teachers, fix and pay their salaries; to direct what branches of study shall be taught, what text-books and apparatus shall be used; to purchase text-books for children of indigent parents; to furnish proper blanks to teachers. In addition, they shall be clothed with the following powers : To use any funds belonging to their district for their records, to pay their clerk if the amount of his services justify it, to dismiss teachers, to assign pupils to the several schools in the district, fix rates of tuition and collect the same; to suspend or expel pupils who may be guilty of gross disobedience or misconduct, and no action shall lie against them for such expulsion or suspension; to appropriate for the purchase of libraries and apparatus any funds remaining after all necessary school expenses are paid; to sell personal property belonging to district when not needed; to grant special holidays; to control and supervise all school buildings; to borrow money and issue bonds therefor to build schoolhouses, purchase sites, and improve and repair buildings; but it shall not be lawful for a board of directors to purchase or locate a schoolhouse site, or to purchase, build, or move a schoolhouse, or to levy a tax to extend schools beyond nine months, without a vote of the people.
Board of education.-Incorporated cities and villages, except such as now have charge and control of free schools by special acts, shall be and remain parts of the school townships in which they are respectively situated and be subject to the general provisions of the school law, except as follows: In all school districts having a population of not fewer than 1,000 and not over 100,000 and not governed in educational matters by any special act, there shall be elected, instead of the directors provided by law in other districts, a board of education, consisting of a president of the board, 6 members, and 3 additional members for every additional 10,000 inhabitants, but in no case to consist of more than 15 members. One-third the members shall retire annually, but the president shall be elected annually. The powers of the board shall be all the powers of school directors and to establish and levy tax to support free schools not fewer than six nor more than ten months in each year, except upon petition of the niajority of the voters of the district; to repair and improve schoolhouses and furnish them with the necessary fixtures, furniture, apparatus, libraries, and fuel, and have charge of the same; to examine teachers as supplemental to other examination; to employ teachers and to fix the amount of their salaries; to establish schools of different grades and make regulations for the admission of pupils into the same and their government; to buy or lease sites for schoolhouses, with the necessary grounds, if authorized by the voters at an election called in pursuance of a petition signed by at least 500, or one