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Funds (permanent or special)--Taration.

Funds (permanent or special).—The educational and school funds and lands shall be under the control and management of the general assembly of this State, and the money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths between the ages of 5 and 21 years in such manner as may be provided by the general assembly.

The university lands and the proceeds thereof, and all moneys belonging to said fund, shall be a permanent fund, for the sole use of the State University. The interest arising from the same shall be annually appropriated for the support and benefit of said university. The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the l'nited States or any person or persons to this State for the use of the university, and the funds accruing from the rents or sale of such lands or from any other source for the purpose aforesaid shall be and remain a permanent fund, the interest of which shall be applied to the support of the university, for the promotion of literature, the arts, and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly to provide effectual means for the improvement and permanent security of the funds of said university.

The proceeds of all lands that have been granted by the United States for the support of schools which shall hereafter (1857) be sold or disposed of, and the 500,000 acres of land granted to the new States under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved in the year of our Lord 1811, and all estates of persons who may have died without leaving a will or heir, and also such per cent as may have been granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all rents of the unsold lands and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State.

The money which may have been or shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is collected, among the sereral school districts of said counties in proportion to the number of youths subject to enumeration in such districts to the support of the common schools.

The financial agents of school funds shall be the same that by law receive and control the State and county revenue for other civil purposes, under such regulations as may be provided by law.

Tarction.The board of directors shall, at their regular meeting in March, or at a special meeting for the purpose before the first Monday in May, estimate the aniount required for the contingent fund, not to exceed $5 a pupil (except where pupils are transported to other districts, when $3 additional for each pupil may be levied), and also such sum as may be required for the teachers' fund in addition to the amount received from the semiannual apportionment of the income of the State fund, together not to exceed $15 a pupil rexiding in the district; and shall cause the secretary to certify the same, together with the amount voted for schoolhouse purposes, not to exceed 10 mills on the dollar, within five days thereafter to the board of supervisors, who shall levy the per centum upon the property of the school corporation, which shall be collected and paid over as are other distriet taxes; and they shall apportion any tax voted by the school township meeting for a schoolhouse fund among the several subdistricts in a just and equitable manner, taking as the basis of such apportionment the respective amounts previously levied upon the subdistricts; but if the electors of a subdistrict have increased the sum for schoolhouses above that voted by the school township at its meeting, the county supervisors shall levy such excess on the subdistrict asking it, provided that not more than 15 mills on the dollar shall be levied on the taxable property of any subdistrict during any year for schoolhouse purposes. The board of supervisors shall also at the same time levy a tax for the support of schools within the county of not less than 1 nor ma than 3 mills on the dollar on all property in the county, receivable only in cash



State board of education, State school fund commission-State superintendent

County superintendent-County high school trustees--County board of eraminers-District board of directors-Truant officersCity board of education.

State board of education.—(See Teachers--Appointment, qualifications, and duties.)

State school fund commissioners.- (See Finances Funds.)

State superintendent.-There shall be elected biennially a State superintendent of public instruction, who shall execute at the time of taking the oath of office a bond in the sum of $10,000, with two or more sureties, conditioned on his faithfully performing the duties of his oflice. The educational interests of the State shall be under his supervision and management, subject to such limitations as are prescribed by law. He may appoint an assistant superintendent of public instruction, who shall perform such duties, not inconsistent with law, as his principal may prescribe. He may also appoint a clerk, who shall also act as clerk of the board of commissioners for the management and investment of the school funds. The State superintendent shall distribute the income of the State school fund and the annual taxes collected by the State for the support of the common schools to the counties reporting to him in a proper manner. Upon a written statement of the facts submitted by county superintendent or by board of education, he shall give an opinion on all questions regarding the rights, powers, and duties of school district boards, school officers, and county superintendents, advising with the attorney-general, if he deem it necessary. He shall publish the school laws not oftener than once in two years, and therewith such other forms, regulations, etc., as he may deem expedient. He shall prepare all forms and blanks necessary in the details of the common school system, so as to secure its uniforin operation, and cause them to be forwarded to the county superintendents. He shall visit the schools of each county at least once in two years, shall recommend the most approved text-book's, and open such correspondence as may enable him to obtain all necessary information relating to the system of common schools in other States. He shall have an office at the capitol, where he shall keep the records of his office and such school material or books as he may receive by virtue of his position. He shall make a report biennially, on the 1sť day of December preceding each regular session of the legislature, to the governor, in which he shall give (1) a statement of the number of common schools in the State, the number of scholars attending the same, by sex, and the branches taught; the number of normal schools in the State and the number of students attending them; the number of academies and colleges in the State and the number of students and their sex, and such other matters as he may deem expedient, drawn from the reports of the county superintendents or other local school officers; (2) a statement of the condition of the common school fund of the State for the support of common schools, and giving a full statement of the school land account of each county ; (3) a statement of the receipts and expenditures for the year; (4) a statement of plans for the management and improvement of common schools, and such other information relating to the educational interests of the State as he may deem important.

The county superintendent.-A superintendent of public instruction shall be elected in each county biennially, who shall, when sworn in, give bond in the sum of $1,000, conditioned on the faithful discharge of his duties. It shall be his duty to visit each school in his county at least once during each year (subject to fine of $5 for each school not visited), correct any deficiency that may exist in the government of the school, the classification of the pupils, or the methods of instruction in the several branches taught, and make such suggestions in private to the teachers as he may deem proper and necessary to the welfare of the school; note the character and condition of the schoolhouse, furniture, apparatus, and grounds, and report in writing to the district board, suggesting improvements; examine the record books and accounts of district officers; encourage the formation of teachers' associations and to attend their meetings; attend the normal held in his county and inspect its daily work and assist therein; hold a public meeting in each school district of his county at least once every year for the purpose of discussing school questions and elevating the standard of education; keep his office open Saturday of each week, and when receiving

more than $600, every day when not absent attending to his official duties; keep and preserve a record of his official acts, of the teachers employed, and of candidates for employment in his county ; apportion the State school fund within five days, together with the unapportioned county school fund, among the school districts and parts of districts in the county, according to the population of school age, but no district in which a common school has not been taught at least three months the last preceding school year shall be entitled to receive any portion of either the State or county fund; furnish the county clerk with a description of the boundary of each school district. He shall make out and transmit in writing to the State superintendent a report containing the following particulars : Number of school districts or parts of districts in each county, number of children (by sex) resident in each county over 5 and under 21 years, number of district schools in the county, length of time school has been taught in each, number of pupils attending the same (by sex), branches taught, and text-books used, number of teachers employed in same (by sex); number of private or select schools in the county as far as ascertainable, number of teachers employed in same (by sex) and branches taught; number of graded schools in the county, duration of school, attendance ( by sex), branches taught, and the number and sex of teachers employed in same; condition of the normal school, if any, attendance (by sex), number and sex of teachers employed in same, and the same particulars for the normal institute; amount of public money received in each district or part of district, and what portion of same, if any, has been appropriated to the support of graded schools; amount of money raised in each district by tax and paid for teachers' wages in addition to public money paid therefor; amount of money raised by tax or otherwise for the purpose of purchasing school sites, for building, hiring, purchasing, repairing, furnishing, or insuring such schoolhouse, or for any other purpose allowed by law, in each district or part of district.

The annual compensation of the county superintendent shall be as follows: In counties of 1,000 to 1,200 persons of school age, $600; 1,200 to 1,500, $700; more than 1,500, $700 and $20 for each additional 100. In counties having a school population of less than 1,000 the superintendent shall receive for every day actually and necessarily employed in the discharge of his duties the sum of $3 per diem, for a number of days not to exceed 150 in any one year. But no county superintendent shall receive more than $1,200, and in determining the salaries of county superintendents the school population of cities of the first and second class shall not be included.

The county superintendent shall fill vacancies occurring in the board of directors of any school district. In case of his death, resignation, or removal his successor shall be appointed by the board of county commissioners. He shall divide the county into a convenient number of school districts, which he shall be at liberty to change or abolish when public interest requires it, but no new school district shall be formed containing fewer than 15 persons of school age, and none having a bonded indebtedness shall be so reduced that such indebtedness shall exceed 5 per cent of its assessed property valuation. He shall purchase record books for district officers.

County high school trustees.--( See Schools—Character of instruction.)

County board of eraminers.—(See Teachers-Appointment, qualifications, and duties.)

District board.—An annual meeting of each school district shall be held on the third Thursday in June of each year, at the schoolhouse belonging to the district, at 2 p. m. The powers of a district meeting shall be to choose a director, clerk, and treasurer, who shall have the qualifications of voters; to designate a site for a district schoolhouse; to vote a tax annually, not to exceed 2 per cent on the taxable property of the district, and distribute the amount between the payment of teachers and in purchasing or leasing a site; to determine the length of time a school shall be taught (not less than three months), and whether the school money to which the district may be entitled shall be applied to the support of the summer or winter term or a certain portion to each.

The officers of each school district shall be a director, clerk, and treasurer, who shall constitute the district board, one member retiring annually after a term of three years. The director shall preside at all meetings, sign all orders drawn by the clerk for district money, and represent the district in all legal proceedings. The clerk of the district board, in addition to the usual perfunctory

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duties of his office, shall make a written report, which he shall submit and read to the legal voters of the district at the annual meeting, which shall be forwarded to the county superintendent. The report shall contain the following matters : Number of children (by sex) 5 to 21 years of age, name and residence of each, date of birth, parents' name, affidavits that enumeration of each family has been sworn to by parent or guardian, number attending school (by sex), and branches studied ; length of time a school has been taught by a qualified teacher, name of the teacher or teachers, length of service of and wages paid each teacher; amount of money received from the county treasurer, amount arising from disbursement of the State annual school fund, from district taxes, and from all other sources during the year, and the manner in which the same has been expended; the amount raised by the district each year, and the purposes for which it was raised; the kind of books used in the schools, and such other facts and statistics in regard to the district school as the county superintendent may require. Every school district clerk or treasurer who shall neglect or refuse to deliver to his successor in office all records, books, and papers belonging to his office shall be fined not more than $50. The district board shall purchase or lease such site for a schoolhouse as shall have been designated, shall have the care and keeping of the same and of the other school property belonging to the district, shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian and to take charge of the school apparatus belonging to the district. The board shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing and shall specify the wages per week or month, as agreed upon by the parties, and, in conjunction with the county superintendent, may dismiss for incompetency, cruelty, negligence, or immorality. They may suspend pupils for cause, but the suspended person may appeal to the county superintendent. The board shall either severally or jointly visit all the schools of their district at least once a term, making a thorough investigation into the character and results of instruction, and into the condition of the buildings and appliances, and shall make suggestions for the improvement of the same.

Truant officers.—(See Schools-Attendance.)

Boards of education of cities.-In all cities of more than 15,000 inhabitants and having not more than 4 wards there shall be a board of education consisting of 3 members from each ward, who shall be and remain residents of the wards from which they are elected during their term of office, to be elected by the qualified voters of the city at large for terms of three years, 1 to retire annually. In cities of 15,000 having more than 4 wards the board of education shall consist of 2 members from each ward, each to hold office for two years. In cities of 35,000 or more inhabitants the board of education shall consist of 6 members, 1 from each ward. The board shall make all necessary rules and regulations for the government of the schools, exercise sole control over the public schools and school property, and sball have power to establish a high school, examine teachers, and appoint a superintendent.

All cities organized as cities of the second class, and all cities attaining a population of from 2,000 to 15,000, shall maintain a system of free common schools. At each annual city election there shall be a board of education, consisting of 2 members from each ward, elected by the qualified voters thereof, each for a term of two years. The powers of the board of cities of the second class are, in general, those of cities of the first class.

Cities of 250 to 2,000 (third class), if not otherwise governed, shall be subject to the provisions laid down for district schools.


Appointment, qualifications, and dutiesPreliminary training-Institutes.

Appointment, qualifications, and duties.—The district board in each district shall contract with and hire qualified teachers, and shall, in the written contract, specify the wages per week or month as agreed upon by the parties. No person shall be elected teacher who can not produce a certificate from the examining committee or the State board setting forth that the holder is competent to teach in a specified department of the public schools and is of good moral character. The county board shall publicly examine all persons proposing to teach in the common schools of the county as to their competency to teach the branches pre. scribed by law.

There shall be a State board of education, consisting of the State superintendent, the chancellor of the State university, the president of the State agricultural college, the president of the State normal school, and 3 others to be appointed with the concurrence of the senate, selected from among those engaged in school work in the schools of the State, who shall have office for two years. The board is authorized to issue State diplomas to such professional teachers as may be found upon critical examination to possess the requisite scholarship and culture and produce satisfactory evidence of unexceptionable moral character, eminent professional experience and ability, and have taught for two years in the State. All such diplomas shall be countersigned by the State superintendent and are valid anywhere. The actual expenses of the mem bers of the board, and of holding such examinations as it may appoint, shall be paid from the State treasury; but the sum total shall not exceed $300 per annum. Upon the application of any institution of higher education in Kansas, the State board shall examine its course of study, and, if it appear to be as efficient as the four year courses of study in the State normal school, the marking of such institution on academic subjects completed shall be adopted by the board as the standing of candidates coming before it on the subjects specified ; but the candidate shall be examined upon the professional subjects of the normal-school course, to wit: Philosophy of education, history of education, school laws, methods of teaching, school management, and upon other required subjects; and to those successfully filling all requirements a three year certificate shall be issued, and if, at the expiration of that time, the holder satisfies the board that he has taught successfully at least two years and has kept himself well informed in the general literature of his profession, a life certificate shall be granted. The State certificates of other States shall be recognized if testifying to a grade of scholarship equal to that required by the State board of Kansas. All life certificates are void if the holder shall not engage in school work for three consecutive years, but may be renewed to graduates of the State university and of other colleges maintaining an equivalent arts course and course in education, approved by the State board of education. The State board may issue a three-year renewable State certificate, subject to limits of the above-mentioned certificates.

In each county there shall be a board of county examiners, composed of the county superintendent, who shall be chairman of the board, and two competent persons, holders of first-grade or State certificates, or of diplomas from the State university, State normal school, or State agricultural college, who shall be appointed by the county commissioners on the nomination of the county superintendent, and shall serve for one year and receive $3 per diem for not more than twenty-four days in any one year. The board shall, on the last Saturday of January and October, and at the close of the county normal institute, only at such places as may be designated by the chairman, after ten days' notice, publicly examine all persons proposing to teach in the common schools of the county (cities of the first and second class excepted) as to their competency to teach the branches prescribed by law, and such board of examiners shall issue certificates to all applicants who shall pass the required examination and satisfy the board as to their good moral character and ability to teach and govern schools.

The State board shall prepare a series of questions for each examination, to be used in each county, which shall be printed and forwarded to the county superintendents so as to reach them at least two days before the examination in each county, respectively, but shall not be opened except by the board on the day and hour of examination.

Certificates issued by county boards are of four grades : Professional, first. second, and third grades, which shall continue in force one, three, two, and one years, respectively. Professional certificates shall certify that the holder is of good moral character and is fully qualified to teach orthography, reading, writing, English grammar, geography, arithemetic, history of Kansas, history and Constitution of the United States, bookkeeping, physiology and hygiene, theory and practice of teaching, elements of natural philosophy, algebra, English literature, and general history, and shall not be issued to persons under 21 years of age or who have not taught successfully thirty-two school months, or who fall below 90 per cent on a general average in the examination or 85 per cent on any subject. Any person who shall receive 90 per cent or higher on any branch at any regular examination may have such grade credited to him (not beyond two years) on a professional certificate if his general average does not fall below 75 per cent. Professional certificates are renewable

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