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annually. In cities and towns and all corporations not organized as such not divided into wards there shall be as many members of the board of education as there are members of the council or board of trustees.
The board shall levy a tax to support the schools, elect a superintendent of schools not a member of their body, who shall supervise the schools at such salary and during such time as the board may determine.
All records must be kept and reports made in the English language.
Appointment, qualifications, and duties--Preliminary training-Institutes.
Appointment, qualifications, and duties.- Teachers may be employed by the district board when holding a teacher's certificate valid in the county or city. The agreement shall be in the form of a written contract.
The State diploma shall be valid for life and authorize to teach in any school of the State. It is granted under the following conditions : The presentation of a diploma of an institution, with its course of study, or passage of an examination, ample proof of ten years' successful experience as a teacher, a satisfactory examination in the science and art of teaching, an examination in two branches of the following: Geometry, trigonometry, astronomy, chemistry, zoology, geology ; and two from the following: English literature, rhetoric, general history, political economy, psychology. The applicant must also present a thesis on a topic selected by the State superintendent, must show a correct and intinate knowledge of English, must be recommended by persons of liberal education, and must have a good moral character. All recipients of State diplomas, except graduates of accredited South Dakota institutions, pay a fee of $10.
A State certificate shall be valid for five years and authorize to teach in any school of the State. A resident graduate of any of the norinal schools or resident graduate of the State university who has taken the course in pedagogy as given in that institution shall, upon presentation of a certified copy of his or her diploma, be entitled to receive a State certificate free of charge. An applicant for a State certificate a resident graduate of any college in this State, other than the State normal schools and the State university, having taken a course of study equivalent to the advanced course of study prescribed in any of the State normal schools or equivalent to the course of study prescribed in the collegiate department of the State university and to the pedagogical instruction in said State university required shall, upon filing a copy of his or her diploma, a copy of the course of study pursued specifically showing the amount of class work and a copy of the standings in each branch pursued, all duly certified or proved by the institution of which applicant is a graduate, be exempt from examination, and shall receive a State certificate free of charge. Other applicants shall present evidence of twenty-four months' successful experience and pass a satisfactory examination in algebra, geometry, natural philosophy, physiology, hygiene, drawing, civil government, didactics, general history, American literature, English grammar, orthography, and penmanship. The character of the papers submitted shall determine the candidate's knowledge of English grammar: orthography, and penmanship. The possession of a good moral character shall be deemed a necessary requisite. Graduates of accredited South Dakota institutions receive State certificates free of charge; all others pay a fee of $5.
The State superintendent shall cause to be held at least two examinations each year in every county of the State, at such convenient places as may be designated by the county superintendent. The time for such examinations shall be uniform throughout the State, and the examinations shall be conducted by the county superintendent of the county in which the examinations are held, or by persons appointed by him, strictly according to regulations prescribed by the department of public instruction designed to secure uniformity and fairness. Upon these examinations, the superintendent of public instruction is authorized to issue first grade certificates valid for three years and second grade certificates valid for two years, and any county superintendent may issue third grade certificates valid for one year to those not eligible for first and second grade certificates who pass satisfactory examination in second grade subjects.
A county superintendent may also, on his own examination, issue a certificate of the first, second, or third grade to applicants who present satisfactory proof that they were unable to be present at the public examination, such certificate
to be ralid only in a district specified on its face and until the time of the next succeeding public examination. A first-grade certificate shall be valid in any county in the State. Applicants for certificates of this grade shall pass an examination in orthography, reading, writing, arithmetic, geography, physical geography, English grammar, physiology and hygiene, history of the United States, civil government, current events, American literature, bookkeeping, drawing, and didactics. A second-grade certificate shall be valid in the county in which the examination is held, and may be made valid in any county by the indorsement of the county superintendent of said county: Applicants for certificates of this grade shall pass examinations in orthography, reading, writing, arithmetic, physiology and liygiene, geography, English grammar, history of the United States, civil government, and didactics. Not more than two third-grade certificates may be issued to the same party in any county. No teacher shall be entitled to receive a certificate of any grade who fails to give proper evidence of possessing a good inoral character. The county superintendent shall require a fee of $2 from every applicant for a certificate; said fee so collected to be deposited at the close of each examination with the county treasurer, one-half to the credit of the county institute fund and one-half to the credit of the general fund of the State, to be turned into the State treasury.
The board of education in cities of the first class shall appoint two competent persons, who, with the city superintendent, shall examine all persons who apply for positions as teachers, and no one who does not hold a State certificate or diploma shall be employed unless holding a certificate from the examining committee.
Teachers shall give definite instruction in morals, temperance, and humane treatment of animals; shall keep the register and make the reports required on penalty of loss of one-tenth of their annual pas.
In cities and other independent districts persons exclusively engaged in teaching music, drawing, pemmanship, bookkeeping, foreign languages, or kindergarten methods shall not be required to hold a county certiticate.
Institutes.—The county superintendent shall annually hold a normal institute between April 1 and September 13, of not less than five days' duration, for the instruction of teachers and of those desiring to teach, the conductor of which shall be appointed by the State superintendent. City teachers must attend county institutes. It is the duty of the county superintendent to hold two district institutes during the year, either in a district or group of districts.
Attendance-Character of instruction-Text-books-Libraries—Buildings.
Attendance.-If any district fails to lery a sufficient tax to support a school for the six months, the board of county commissioners shall levy a tax on the property of the district that will be suflicient for the purpose, not to exceed 2 per cent of the taxable property in the district. Any school may be discontinued by its distriet board for the purpose of combining two or more schools into one and making arrangements for the transportation of the pupils to said school or schools if, in the judgment of the board, it is to the best interest of the pupils and the district. Schools shall be free to all pupils from 0 to 20 years of age.
Every person having under his control a child between the ages of 8 and 14 years shall cause such child to attend for at least twelve weeks annually, at least eight of which shall be consecutive, in some public day school in the district in which he resides, which time shall commence with the beginning of the first term of the school year or as soon thereafter as due notice shall be served upon the person having such control of luis duty under this act. For every neglect of such duty the person offending shall forfeit to the use of the public schools of his school corporation a sim not less than $10 nor more than $20, and shall stand committed until such fine and costs of suit ille paid. But if the person so neglecting shall show to the board of evlucation or district school board, as the case may be, that such chilil has attended for a like period of time a private day school or that instruction has otherwise been given for a like period of time to such child in the branches commonly taught in a public school, that such child has already acquired the branches of learning taught in the publie schools, or that his physical or mental condition as declared by a competent physician is such as to render such attendance inexperient and impracticable, then such penalty shall not be incurred. Such fine shall be paid, when collected, to the county treasurer or the treasurer of such city or independent district
in which such child and parents reside, to be credited by him as other money raised for school purposes to the district from which it came.
It shall be the duty of the president of the board of education in every city or other independent district and the chairman of every district school board carefully to inquire concerning all supposed violations of this article and to enter complaint against all persons who shall appear to be guilty of such violation. It shall also be the duty of said officers to arrest children of a schoolgoing age who habitually haunt public places and have no lawful occupation, and also truant children who absent themselves from school without leave, and to place them in charge of the teacher having charge of the public schools which said children are by law entitled to attend. And it shall be the duty of said teacher to assign such children to the proper classes and to instruct them in such studies as they are fitted to pursue.
Any school officer failing or neglecting to perform the duty required of him by this article shall be liable to a fine of not less than $10 nor more than $20 for every such offense.
No child between 8 and 14 years of age shall be employed in any mine, factory, workshop, or mercantile establishment, or, except by his parent or guardian, in any other manner during the hours when the public schools in the city, town, village, or district are in session, unless the person, firm, or corporation employing him shall first procure a certificate from the superintendent of the schools of the city, town, or village, if one be employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance; and it shall be the duty of such superintendent or clerk to furnish such certificate upon application to those entitled to demand it. Every owner, superintendent, or overseer of any mine, factory, workshop, or mercantile establishment, and any other person who shall employ any child between 8 and 14 years contrary to these provisions shall be fined for erery offense from $10 to $20 and costs. And any person having control of a child, who, with intent to evade these provisions, shall willfully make a false statement concerning the age of the child or the time the child has attended school shall be fined for each offense from $10 to $20.
Any pupil who shall successfully complete the work of the eighth grade as established in the State course of study is privileged to continue his school work up to and including the twelfth grade by attending any neighboring graded school furnishing a higher course of study; and the tuition charges therefor shall be paid by the board of his home district, provided his home district does not offer instruction in such higher grades.
Character of instruction.--Teachers shall classify the work in their schools in accordance with the suggestions, grades, and outlines as prescribed in the course of study recommended by a majority of the county superintendents of the State and the State superintendent, and shall hold examinations. Instruction shall be given in reading, writing, orthography, aritlimetie, geography, English grammar, history of the United States, temperance, physiology and hygiene, and civil government. It shall be the duty of the district board to provide for such extra branches of study as may be desired by the electors.
Tert-books.—The county superintendent, the president of the board of education of all cities or towns, the county auditor, the county attorney, the board of county commissioners, their successors in office, and one person from each commissioner's district who shall be selected by the members of the school boards of such commissioner's district present at a meeting to be called by the county superintendent, shall constitute the coumty board of education of cach county in this State for the purpose of selecting and adopting all the text-books needed for use in the public schools in the county. The county superintendent shall in all cases be chairman of the county board of education, and the county auditor, secretary, and a majority of said board shall constitute a quorum for the transaction of business.
The county board of education shall meet at the office of the county superintendent of each county of the State on the second Tuesday of June, 1907, and erery five years thereafter, and select and adopt a complete series of text-books to be used in the schools of the county: Prorided, That the boards of education in cities and towns may adopt additional books for higher classes in their schools. The county board of education shall advertise for twenty days in a newspaper published in each county that at a time and place named in said notice said board will receive sealed bids for furnishing school books to the pupils of all public schools in the county for a term of five years.
Libraries.—The county treasurer shall withhold from the apportionment received from the interest and income fund or other income for the schools of his county annually an amount equal to 10 cents per capita for each person of school age, which money shall constitute a library fund and shall be used for the purchase of library books. Annually, between the 1st day of July and the 1st day of September, the county library board shall meet at the call of the county superintendent and expend the money thus provided in the purchase of books selected from the list prepared by the State superintendent.
Buildings.--The district board shall purchase or lease a site designated by voters, and build, hire, or purchase a schoolhouse, as directed by them.
Every person, pupil or other, who willfully molests or disturbs a public school when in session shall be fined $25 or less, or be imprisoned in the county jail for not more than ten days, or both. Any pupil who cuts, defaces, or otherwise injures any schoolhouse or its appurtenances is liable to suspension or expulsion, and the parents are liable for damages.
Funs (permanent or special)-Taration.
Funds (permanent or special).--All proceeds of the sale of public lands that have heretofore been or may hereafter be given by the United States for the use of public schools in the State, all such per centum as may be granted by the United States on the sale of public lands, the proceeds of all property that shall fall to the State by escheat, the proceeds of all gifts or donations to the State for public schools or not otherwise appropriated by the terms of the gift, and all property otherwise acquired for public schools shall be and remain a perpetual fund for the maintenance of public schools in the State. It shall be deemed a trust fund held by the State. The principal shall forever remain inviolate, and may be increased, but shall never be diminished, and the State shall make good all losses thereof which may in any manner occur.
The interest and income of this fund, togetlier with the net proceeds of all fines for violation of State laws and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the public schools of the State, and shall be for this purpose apportioned among all the public school corporations of the State in proportion to the number of children in each of school age, as may be fixed by law; and no part of the fund, either principal or interest, shall ever be diverted, even temporarily, from this purpose or used for any other purpose whaterer than the maintenance of public schools for the equal benefit of all the people of the State.
Taration.--The county commissioners shall, at the time of making the annual assessment and levy of taxes, lery a tax of $1 on eachi elector in the county for the support of common schools, and may levy a further general tax of 2 mills on the collar upon all taxable property in the county to be applied to the same purpose, which shall, with the money received from the State, constitute and be known as “tlie county general school fund;" and they shall levy such further tax upon the taxable property of each school district as the board thereof shall certity is required for the support of the schools, and when collected shall be credited to the district to which it belongs. But the electors in every district shall have authority to levy taxes for the same, the tax not to exceed 2 per cent of the taxable property in the district, and in case of failure of any district to levy a sufficient tax to support school for six months, the board of county commissioners shall levy an amount not to exceed 2 per cent of the taxable property.
1. ORGANIZATION OF THE SYSTEM.
State board of education, Stare superintendent.-Count superintendent-Dis
trict directors-City boards of education,
State board of educrtion.—The governor of the State shall appoint a State board of education, to consist of himself, the State superintendent, and six members. Two of the appointeil members shall retire every two years.
The board shall locate and make arrangements for opening first-class schools in every
respect for the training of teachers. The board may receive contributions of money from the trustees of the Peabody Educational Fund or property or funds from any other source for the benefit of the schools it establishes, and the trustees of colleges, universities, or educational institutions shall have power to give the use of their property to the State board for the benefit of such schools. The State superintendent shall be secretary and treasurer of the State board of education.
State superintendent. The State superintendent shall be a person of literary and scientific attainments and of skill and experience in the art of teaching, and shall be nominated by the governor, and confirmed by the senate for a term of two years, at an annual salary of $2,000, to be paid from the school money in the State treasury. He shall devote his entire time to the duties of his office; shall be a member of the State board of education and of all other State educational bodies and associations; shall have an office in the State capitol, and is liable to removal for misconduct. His duties shall be to collect and disseminate statistical and other information relating to the public schools; to make tours of inspection among the public schools throughout the State; to see that the school laws and regulations are faithfully executed; to prepare and distribute blank forins for all returns to be made by school officers; to have printed and distributed to county superintendents and other school officers as many copies of the school laws as may be necessary, with appropriate forms and instructions for carrying said laws into execution; to appoint, at his discretion, persons in each county to visit, without compensation, and examine all or any of the public schools therein and to report to him touching all such matters as he may indicate respecting their condition, management, and improvement; to appoint a person to make the report required from the county superintendent when that officer neglects his duty; to prescribe the mode of examining and licensing school teachers, and their necessary qualifications; to preserve in his office all documents and matters relative to educational subjects that may come to it; to report to the comptroller the school population of each county ; to annually submit to the governor a detailed report of his oflicial proceedings for the year ending June 30 preceding, exhibiting a plain statistical account of receipts and expenditures for public schools and of their condition and progress, showing the number of children, by sex and race, between 6 and 21 years of age; the enrollment, the average number belonging, and the per cent of attendance; the average salary paid to teachers, by sex, the amount of each branch of school expenditures, severally; the cost of education per scholar, and whatever else may tend to show the degree of success and usefulness of the system.
County superintendent.—The county superintendent shall be elected by the county court biennially, but no member of the county court shall be eligible. He shall be a person of literary and scientific attainments, and of skill in the theory and art of teaching, and shall, before each election, file a certificate of qualification, given by the State board of education, in jrursuance of the result of a public examination before a commission composed of three residents of the county (appointed by the county court) competent to conduct such an examination. Women of 21 years of age or more are eligible. The county court fixes the salary of the commissioner.
The duties of the county superintendent shall be as follows: To supervise the public schools; to visit the schools of the several districts from time to time; to confer with teachers and officers; to ascertain the merits of text-books, and to suggest changes tending to bring about uniformity in the course of study, when it can be done without increased expense to the parent; to see that the district directors make their reports, or to have them made should the directors fail; to perform such duties in relation to the examination of teachers and issuing to them certificates of qualification as may be required of him by the State superintendent; to report to the county trustees, as soon as ascertained, the scholastic population of each district on the last day of June; to observe such directions and regulations as the State superintendent may prescribe; to make an annual report, and such other special reports as the State superintendent may call for, and to keep a record of his official acts, and of the boundaries of the districts of the county. The county superintendent in counties having a population of 30,000 or more is prohibited from teaching in any public school and from taking awy contract for building or repairing school property, and from becoming the owner of a school warrant other than that received for his own services as county commissioner. In addition to the punishment prescribed by statute for misdemeanors in office, a superin