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The board shall provide a suitable building and furnish the same, using the building or incidental funds of the district; but should the average daily attendance of colored children for any one school month be less than 8, then the board may discontinue the school for not more than six months at any one time. In school districts the annual meeting shall determine by ballot the length of school term for children 6 to 20 years of age in excess of six months that the public schools of the district shall be maintained for the next scholastic year. The district board is required to continue the public schools for six months in each scholastic year. Should any board fail to comply with these provisions, the district shall be deprived of any part of the public school moneys for the ensuing year. City, town, and village schools shall continue for not less than seven months when it will not increase the estimated expenditure to an amount exceeding 40 cents on the dollar.

Character of instruction.-The school board shall have power to make all needful rules and regulations for organization, grading, and government. In counties having county supervision the county superintendent, and in other counties the county board of education, shall formulate a course of study and a plan for grading the schools of the county, and forward a copy of same to each district clerk and each teacher, and require the same to be followed as nearly as practicable. There are no restrictions on branches of knowledge that may be taught or grade of instruction that may be given, if the voters of the district, in regular form, consent to pay for it and raise the taxes for that purpose.

Text-books.-The State anditor, attorney-general, State superintendent, president of the State Normal School at Kirksville, and one practical public school teacher to be appointed by the governor, constitute the school-book commission, each of whom shall receive $5 per day and actual traveling expenses for the time they are in session, not to exceed thirty days. They shall advertise for bids from reliable publishing houses, and each house bidding shall submit a copy of the book or books proposed to be furnished, and a deposit of $500 to cover costs and damages in the event of failure to enter into contract in case such bid be accepted by the commission. Upon opening of bids the commission shall proceed to select the cheapest and best course of text-books so offered, such list to include books needful for high schools on all subjects which the commission think necessary; and contracts shall be entered into with the publishers of such books to supply same for five years, stating price at which books will be supplied to dealers and citizens and terms upon which exchanges of new for old books will be made, and publisher shall execute a bond of $10,000 for the faithful performance of such contract. No text-books except those contracted for by said commission shall be used or taught in the public schools of the State nor sold for use in said schools; and any school director who shall sanction or permit the use of other books (except for supplementary reading) shall be fined from $5 to $25. Directors may purchase at the expense of the district sufficient books for children whose parents are unable to buy them.

Cities having 50,000 or more population are not subject to this law. Buildings.--The annual meeting of the district fixes the location of the schoolhouse in new districts, and for the purpose of erecting schoolhouses and furnishing them the board of directors of cities, towns, or school districts are authorized to borrow money and issue bonds if directed by their constituents. The board of directors shall have the care and keeping of the schoolhouse and other property belonging to the district, and shall provide the necessary libraries, supplementary books, maps, etc., keep the building in good repair and supplied with fuel, etc. The schoolhouse may be used for religious or agricultural, educational, or labor meetings if ordered by the voters. Every person who shall willfully injure or destroy 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 the building or any of its appurtenances, shall be fined a sum double the damage done, and $10 to $50 for any pasting, painting, or cutting upon the building.

When the demands of a city, town, or village or consolidated district require more than one public school building, the board shall, as soon as sufficient funds have been provided, establish an adequate number of primary or ward schools, corresponding in grade to those of other public school districts, and for this purpose the board shall divide the district into school wards and fix the boundaries thereof, and erect a suitable school building thereon and furnish the same.

4. FINANCES.

Funds (permanent or special)-Taxation.

Funds (permanent or special).—The proceeds of all lands that have been or hereafter may be granted by the United States to the State and not otherwise appropriated by the State or United States; all moneys, stocks, bonds, lands, and other property now belonging to any State fund for education; the net proceeds of the State tobacco warehouse, and of all sales of lands and other property and effects that may accrue to the State by escheat or from unclaimed dividends or distributive shares of the estates of deceased persons, or from fines, penalties, or forfeitures; any proceeds of the sales of public lands which may have been or hereafter may be paid over to the State (if Congress consent); also other grants, devises, or gifts that may be or may have been given to the State and not otherwise appropriated by the State or the terms of the grant, devise, or gift, shall be paid into the State treasury and securely invested and sacredly preserved as a public school fund, the annual income of which, together with 33} per cent of the ordinary revenue of the State, shall be faithfully appropriated for establishing and maintaining free public schools. The State superintendent of public schools shall annually apportion the public school fund among the different counties upon the enumeration of persons 6 to 20 years of age, from the treasuries of which it shall be apportioned to the districts, towns, or cities which have made the enumeration required by law.

The county fund shall consist of all stocks, bonds, etc., known as such fund, and of the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State as well as exemptions from military duty, the income of which shall be appropriated to the support of the public schools.

The proceeds of the sixteenth section, or other land selected in lieu thereof; the interest on such proceeds; the rents and profits of such lands, and all the public school moneys which shall be apportioned to any unorganized township arising from dividends and profits of the public school fund, shall constitute a township school fund, which shall be under the care and management of the county court.

Taration. For school purposes in districts school boards may levy an annual rate of taxation on property not to exceed 40 cents on the $100 valuation; in cities of 100,000 population, not to exceed 60 cents on the $100; but in city, town, and consolidated districts the rate may be increased to an amount not to exceed $1 on the $100 of valuation, and in other districts to an amount not to exceed 65 cents on the $100 valuation, if a majority of the voters assent at an election held to decide the question. For the purpose of erecting public buildings the rates of taxation above limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people and two-thirds of the qualified voters of such school district shall vote therefor.

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1. ORGANIZATION OF THE SYSTEM.

State board of education-State superintendent of public instruction-County superintendent of schools-District board of trustees-Truant officer.

State board of education.-The State board of education shall consist of 11 members, including the governor, State superintendent, and attorney-general, the others being appointed by the governor, with the consent of the senate, for terms of four years, 2 to retire annually. The board shall have the general control and supervision of the State institutions, shall grant State diplomas valid for six years and life diplomas, shall make an annual report of its proceedings, shall appoint experienced teachers to act as instructors in county institutes. The members of the board shall receive no compensation, but shall be allowed their actual traveling expenses in attending the meetings of the board.

State tert-book commission.-The State text-book commission consists of seven members appointed by the governor, subject to called meetings, and having full authority to make contracts and agreements, in the name of the State,

for the supply of all text-books for use in the public schools, without further recommendations to the legislature, it being the duty of all school officers, under penalty, in their respective districts, to comply with the provisions of the law for the exclusive use of text-books adopted by said commission. Voters of each district may hold elections "for" or "against" free text-books, such books, in case of affirmation, to be paid for by special tax levy when amount in general fund is insufficient. Members of said commission to receive $6 per session day and actual traveling expenses. (Synopsis of senate bill 54, approved March 7, 1903.)

State superintendent of public instruction.-There shall be chosen by the qualified electors of the State a superintendent of public instruction, who shall have attained the age of 30 years at the time of his election, shall have been a resident for the two years immediately preceding his election, and shall hold a State certificate of the highest grade issued in some State or be a graduate of some reputable university, college, or normal school. He shall be elected for four years and have his office at the seat of government, and shall give a bond in the penal sum of $10,000, with not fewer than two securities. He shall preserve the matters accumulated by virtue of his office and turn them over to his successor. He shall have the general supervision of the public schools of the State, shall prepare, print, and distribute the necessary blank books and forms, shall prepare and furnish county superintendents lists of publications approved by him as suitable for school libraries and prescribe rules for the same, shall prepare all questions to be used in the examination of applicants for teachers' county certificates and prescribe the rules for conducting such examinations, shall prepare and prescribe a course of study for all the public schools of the State, shall prescribe rules for holding teachers' institutes, shall counsel with the county superintendents and when requested shall give opinions concerning the school laws and decide all appeals from them, shall once in four years at most print the school laws with annotations, shall attend and assist at county institutes, and shall make a biennial report to the legislature through the governor, which shall contain the number of districts, schools, teachers, pupils, the attendance, and the studies; the financial particulars, value of schoolhouses, cost of tuition, and wages of teachers; the educational and financial condition of the State institutions connected with the public school system, and, as far as ascertainable, of private schools, academies, and colleges of the State; finally, general matters, information, and recommendations, etc.

Fifteen hundred copies of the report of the State superintendent shall be printed. He shall apportion the State school fund among the several counties in proportion to the number of children of school age in each.

He may appoint a clerk at an annual salary of $1,800 and a clerk at an annual salary of $1,200, and shall himself receive $2,500 and not more than $500 for traveling expenses.

County superintendent of schools.-A county superintendent of schools shall be elected in each organized county for a term of two years and give bond in an amount fixed by the county commissioners.

No one is eligible unless he has a certificate of the highest county grade, has resided one year in the State next preceding his election and one year in the county, and has had twelve months' successful experience in teaching in the State public schools. He shall have the general supervision of the public schools of the county and shall carry out the instructions of the State superintendent. He shall visit every school, advising the teacher and noting in writing his judgment of her efficiency, shall decide all questions arising under the school law, shall apportion school moneys to the school districts, shall preside over teachers' institutes, and shall select suitable persons as instructors from the list commissioned by the State board. He shall act as agent of the board of trustees of the State Orphans' Home, shall see that the rules of the board are carried out with reference to any children adopted from said home within the limits of his county, and shall annually report to said board, on the 1st day of October of each year. He shall have power to issue temporary certificates, shall make an annual report to the State superintendent containing such matters as that officer may require, under penalty of the loss of a month's salary. He shall see that the district boundaries are plainly marked, shall provide himself with an office at public expense, and shall be allowed postage, stationery, and in counties of the seventh and eighth class actual necessary expenses when engaged in visiting schools within his county. He shall not engage in teaching during his term of office.

District board of trustees.-The term "school district" is declared to mean

EDUCATION REPORT, 1904.

the territory under the jurisdiction of a single board designated as
trustees." For the purpose of organizing a new district, a petition in writing
"board of
shall be made to the county superintendent, signed by the parents or guardians
of at least 10 census children residing within the boundaries of the proposed
new district, but the boundaries of any district shall not be changed, except in
forming new districts, unless a majority of heads of families resident therein
present a petition to the county superintendent.

An annual election for the election of school trustees shall be held in each district. Districts having a population of 12,000 or more are first class, having 7 trustees; more than 1,000 and less than 12,000, second class, having 5 trustees; less than 1,000, third class, having 3 trustees, each serving three years, excepting in first-class districts of over 20,000 population, trustees serve two years, give bond of $10,000, and are entitled to $1 for each meeting attended, not to exceed one each week. Vacancies to be filled by appointment by the

county superintendent of schools.

The board of trustees shall meet not less than once nor more than five times in each month in districts of the first class, and in all districts not less than four times each year. The board shall employ teachers and other employees, fix and pay their wages, fix the charge for the tuition of nonresident students, and fix the compensation of the clerk for time spent in the service of the district, enforce the rules of the State superintendent, provide school furniture and other essentials of the schoolhouse, rent, repair, and insure, build, or remove them; hold in trust for the district all property, expel or suspend pupils, provide books for indigent children, make an annual report to the county superintendent, report directly to State superintendent when required, determine what branches, if any, shall be added to those required by law, subject to the approval of the county superintendent; visit every school in their district at least once in each term. The board has custody of all sehool property, and shall provide each schoolhouse with an American flag 4 by 6 feet at least, of durable material, and the necessary apparatus for flying it. The board may issue bonds and sell

them to meet maturing bonds.

In addition to the boards of trustees as above specified, there shall be a board consisting of six members, appointed by the county superintendent of schools, which, together with said county superintendent, shall constitute a board of trustees of the high school, when, after a petition of 100 freeholders of any county, an affirmative election shall establish a high school in such county. Said board shall give bonds satisfactory to the county superintendent, shall hold office for two years, members not residing in place where high school is established being entitled to mileage in attending meetings, and the board shall be governed in the matter of meetings and procedure by the provisions of the general school laws of the State.

The district clerk shall make annually a census of the persons 6 to 21 years of age, by sex, together with the names of their parents or guardians. take separately a census of children under 6, by sex. He shall be paid 10 cents He shall for each child's name obtained, and he shall receive such other compensation for other services as may be allowed by the board of trustees. If, through the failure of the clerk to take the census, the district lose its share of the annual apportionment of school money, he shall be individually liable for the amount. In districts having a population of 5,000 and upward, the board of trustees of such district may appoint a superintendent of schools, to hold at the pleasure of the board. The person so appointed shall hold a State certificate of the highest grade issued in some State or be the graduate of some reputable university, college, or normal school, and shall have taught at least five years, form the duties prescribed by the board, and he shall not engage in any work He shall perthat will conflict with his duties as superintendent. Truant officer.-See under Schools, Attendance.

2. TEACHERS.

Appointment, qualifications, and duties-Preliminary training-Meetings. Appointment, qualifications, and duties.-No person shall be counted a qualified teacher who has not obtained a certificate from the county superintendent, or State certificate or life diploma from the State board of education, or a special certificate to teach either music, drawing, modern languages, or penmanship only.

The State board of education shall issue State diplomas to such persons as

have a good moral character and who have held for one year and still hold in full force and effect a first-grade county certificate, with the addition of English literature and mental science, and who shall furnish satisfactory evidence of having been successfully engaged in teaching for at least five years. The term "five years" shall be construed to mean for five years of not less than seven months each; that is, the applicant must have taught a part of each year for five years-not necessarily consecutive years-and in all thirty-five months, of which at least twenty-one months must have been in the public schools of Montana, provided that the State board of education shall have power to add such other studies to those enumerated in this paragraph as they may deem necessary.

Life diplomas may be issued upon all and the same conditions as State diplomas, except that the applicant must pass a satisfactory examination upon the rudiments of botany, geology, political economy, zoology, and general history, and must furnish satisfactory evidence of having been successfully engaged in teaching for at least ten years. "Ten years" shall be construed to mean ten years of not less than seven months each; that is, the applicant must have taught some part of each year for ten years-not necessarily consecutive years-and in all seventy months, of which at least twenty-one months must have been in the public schools of Montana.

A State or life diploma may be granted to any graduate of the State normal school of Montana or of the State University of Montana when the said graduate furnishes satisfactory evidence of having successfuly taught after graduation, a public school in this State for sixteen school months. State or life diplomas may be granted to graduates of other educational institutions, within or without the State, upon conditions established by the State board of education. The county superintendent shall hold public examinations of all persons over 18 years offering themselves as candidates for teachers of common schools at the county seat on the third Fridays in February, April, August, and November of each year by a series of written or printed questions, according to the rules prescribed by the State superintendent. If from the percentage of correct answers required by the rules and from other evidences disclosed by the examination, including particularly the superintendent's knowledge and information of the candidate's successful experience, the applicant is found to be a person of good moral character, to possess a knowledge and understanding, together with an aptness to teach and govern, which shall enable such applicant to teach in the common schools of the State, the county superintendent shall grant such applicant a certificate of qualification.

Certificates shall be of three regular grades, the first of which shall be good for three years, the second for two years, and the third grade (only issued once to the same person in the same county: Provided, That the State superintendent of public instruction, may, at his discretion, authorize the issuance of more than one permit to the same person within the same county) for a term of one year, according to the percentage of correct answers and other qualifications appearing from the examination. No certificate shall be granted unless the applicant shall be found proficient in and qualified to teach reading, penmanship, orthography, written arithmetic, mental arithmetic, geography, English grammar, physiology and hygiene, United States history, and theory and practice of teaching. In addition to the above, applicants for a second-grade certificate shall pass a satisfactory examination in civics of the United States and of Montana, physical geography, and elementary algebra. The examination for a first-grade certificate shall include all of the forementioned branches and also American literature, natural philosophy, and plane geometry, and the applicant must have taught twelve months acceptably. In addition to the 3 regular certificates the county superintendent may issue a temporary certificate to teach until the next regular examination to any person applying at any other time than that during which the regular examination is held, under regulations fixed by the State superintendent, but such certificate may be issued but once to the same person. Any person thinking himself unjustly treated may have his papers reexamined by the State superintendent on paying a fee of $2.

To validate the first-grade certificate for any county in the State other than that for which it has been granted it must be registered by the superintendent of the county in which the possessor wishes to teach. Every applicant shall pay $1 for the benefit of teachers' institute in the county. The questions forwarded by the State superintendent shall not be opened until the day of examination. Every teacher shall make an annual report to the county superintendent, a copy of which shall be delivered to the district clerk. The teacher shall also make such other reports as may be lawfully required, and no warrant shall be

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