SEC. 1724. They shall fix the site for each school-house, taking into consideration the geographical position and convenience of the people of each portion of the subdistrict, and shall determine what number of schools shall be taught in each subdistrict, and for what additional time beyond the period required by law they shall be continued during each year.

15. Contracts made in violation of the terms of this section are illegal. Their fulfillment may be prevented by injunction.

16. The local board of health has undoubted right under chapter 151, section 16, laws of 1880, to condemn and close for use as a school-house a building believed by them to be unfit for such purpose.

17. The district may not form a partnership with any other party in the building of a school-house. This does not prevent the receiving of donations and

granting privileges under notes 12 and 15 to section 1753.

18. District property is exempt from general taxation, from execution, from garnishment, and from mechanic's lien. Sections 707, 3018, 2976, and 54 Iowa, 81. 19. The legal obligations of the district are the same as those of any other land owner, with regard to fencing. Sometimes a district desires to maintain a different or better fence than can be required of the party joining. In such cases it is quite customary for districts to build the whole fence.

20. There is no provision of law for condemning land for a school road. If the land cannot be procured by contract, the road may be established in the same manner and by the proceedings provided for the establishment of highways, and when the damages have been assessed, the district may pay the same.

SEC. 1724. 1. The power to locate sites for school-houses is vested, originally, exclusively in the board. This authority should be exercised with great care, and without prejudice. S. L. Decisions, 70, 75, and 93.

2. The wishes of the people, for whom the house is designed, should be consulted as far as practicable, taking into account the prospective as well as the present convenience of the subdistrict. S. L. Decisions, 55 and 64.

3. The power of the board to fix the site carries with it the power to relocate that site. The exercise of this power is a proper and necessary adjunct of the power to make alterations in subdistrict boundaries. 68 Iowa, 161.

4. An extension of settlements frequently changes the centers of population and necessitates a change of subdistrict boundaries, and the removal of schoolhouses to central localities in the new subdistricts. 23 Iowa, 408.

5. A site near the center of the subdistrict should be chosen, unless controlling circumstances indicate a different selection. S. L. Decisions, 39 and 95.

6. The removal of a school-house from the subdistrict must be first ordered by the electors, at the district township meeting. S. L. Decisions, 43.

7. As a change of boundaries between subdistricts does not take effect until the subdistrict meeting in March, the board may not move the school-house to accommodate the proposed new subdistrict until after that time.

8. If possible, the district should own the sites. In every case, a perfect title should be secured, and the warranty deed recorded, before commencing to build. 9. The site should contain not less than one acre of ground, ordinarily, and this exclusive of highway.

10. The provisions of section 1825 do not apply in cases where the site is purchased. S. L. Decisions, 86 and 96.

SEC. 1725. (As amended by Chap. 109, Laws of 1876, and Chap. 124, Laws of 1886.) They shall determine where pupils may attend school, and for this purpose may divide their district into such subdistricts as may by them be deemed necessary; provided that no such subdistrict shall be created for the accommodation of less than fifteen pupils, but the board of directors shall have power to rent a room and employ a teacher for the accommodation of any ten scholars; provided further that nothing in this chapter contained shall be construed to prohibit the construction of as many school-houses, out of moneys derived from taxes levied previous to January 1, 1876, in any subdistrict where the subdistrict comprises the entire district towhship, as shall have been authorized and provided for at the annual meeting of the district township electors.

SEC. 1726. They may establish graded or union schools wherever they may be necessary, and may select a person who shall have the general 11. Every new site, taken by condemnation under section 1825, must be selected on some public highway, at least forty rods from any residence the owner whereof objects to its being placed nearer, and not in any orchard, garden, or public park; except in incorporated towns or cities. Section 1826.

12. Boards may rebuild on sites without consent of owners of residences within forty rods.

13. As regards the length of time during which schools are to be taught in each subdistrict, twenty-four weeks is the minimum. The maximum is unlimited, except as by section 1780, providing a limit to the amount of taxes for contingent and teachers' fund.

SEC. 1725. 1. All changes in subdistrict boundaries must be made in strict conformity with sections 1738 and 1796.

2. The words pupils and scholars, as used in this section, mean persons between the ages of five and twenty-one years.

3. All territory must be included within some school district, and all of a district township must be included in some subdistrict. Section 1713. S. L. Decisions, 80.

4.

A subdistrict is not a corporate body and has no financial claims, nor can it be held liable for debts, except as a part of the district township. Note 3 to section 1716. S. L. Decisions, 40.

5. The board may discontinue or abolish a subdistrict by a readjustment of boundaries, taking effect in March following.

6. No change in boundaries may be made by the board which leaves any subdistrict with less than fifteen persons of school age.

7. In an organized subdistrict, even though there are not fifteen persons of school age, a school must be held, unless the board is excused by the county superintendent. Section 1727.

8. The board cannot provide an extra school for the accommodation of a less number than ten persons of school age. S. L. Decisions, 99.

9. There is nothing in law to prevent the erection of more than one schoolhouse in a subdistrict. 69 Iowa, 533. S. L. Decisions, 132.

SEC. 1726. 1. With their power to establish and maintain graded schools, all boards are invested with the authority to prescribe a course of study in the different branches to be taught.

supervision of the schools in their district, subject to the rules and regulations of the board.

SEC. 1727. In each subdistrict there shall be taught one or more schools for the instruction of youth between the ages of five and twentyone years, for at least twenty-four weeks, of five school days each, in each year, unless the county superintendent shall be satisfied that there is good and sufficient cause for failure so to do. Any person who was in the military service of the United States during his minority shall be admitted into the schools of the subdistrict in which he may reside on the same terms on which youths between the ages of five and twenty-one are admitted.

2. A graded school, open to the older and more advanced scholars from every subdistrict, may be advantageously established at some central point in the district township.

3. It is very desirable that boards, county superintendent, and teachers should work together in efforts to classify and harmonize the work to be done in the ungraded schools. Much may be accomplished by concert of action in carrying forward some uniform method of classification and instruction.

4. Boards may bind a corporation by contracts entered into after the election of their successors and before their qualification. 13 Iowa, 555.

5. Boards may not unnecessarily make contracts to extend beyond their term. 87 Ill., 255.

6. While instances may occur in which the interests of the district will be subserved by making contracts with teachers and others, which will not expire for months after a change of officers, courtesy as well as justice, dictates the impropriety of making contracts the execution of which will embarrass successors in office. Ordinarily the board should make contracts only for the year during which they serve.

SEC. 1727. 1. Unless the county superintendent finds it quite impracticable that a school should be held, and releases the board, it is required by law to provide a school in every subdistrict.

2. The board may establish more than one school in a subdistrict if necessary for the accommodation of the children, subject to the limitations contained in sections 1725 and 1780. 70 Iowa, 102.

3. Under section 1724, the board has power to provide for a longer period of school than twenty-four weeks. An additional school in a rented room continues during such time as the board may determine.

4. Inequalities in the requirements may demand that varying prices should be paid as wages for different schools. S. L. Decisions, 73.

5. When two school-houses are within the same district, or subdistrict, a school of three months in each, held at the same time, does not fulfill the requirements of the law that a school of at least twenty-four weeks shall be taught.

6. The school year for school purposes should be regarded as beginning on the third Monday in March, when a new board enters upon its duties. The year for the reports closes in September.

7. All the youth of the state from five to twenty-one years of age, irrespective of religion, race or nationality, are entitled to the same school facilities. While schools may be graded according to the proficiency of pupils, no discrimination, such for instance as requiring colored pupils to attend separate schools, can be enforced. 21 Iowa, 266.

SEC. 1728. The board of directors of any district township or independent district shall not order, or direct, or make any change in the school-books or series of text-books used in any school under their superintendence, direction, or control, more than once in every period of three years, except by a vote of the electors of the district township or independent district.

CHAPTER 24, LAWS OF 1890.

AUTHORIZING AND EMPOWERING THE BOARDS OF DIRECTORS OF SCHOOL DISTRICTS TO PURCHASE TEXT-BOOKS, AND ALLOWING THE ELECTORS OF DISTRICTS AND COUNTIES TO DECIDE THE QUESTION OF UNIFORMITY, AND TO PROVIDE MEANS AND AUTHORITY FOR PURCHASE OF SCHOOL BOOKS AND SUPPLIES.

SECTION 1. The board of directors of each and every district township and independent district in the state of Iowa is hereby authorized and empowered to adopt text-books for the teaching of all branches that are now or may hereafter be authorized to be taught in the public schools of the state, and to contract for and buy said books and any and all other necessary school supplies at said contract prices, and to sell the same to 8. Persons over twenty-one years of age are not entitled to the benefits of the public schools, except as provided in the latter part of this section. If, however, the school is not full, they and nonresidents may be admitted, in the discretion of the board, upon such terms as the board may prescribe. Section 1794.

9. Children under five years of age will be more injured by the confinement than benefited by the instruction. They cannot claim the advantages of the school, and should not be allowed to attend.

SEC. 1728. 1. The change of any text-book in the school under this section does not prevent the board from changing any or all other books at a subsequent time. 2. Neither subdirector nor teacher has authority to change text-books.

3. The electors may not vote, nor the board appropriate, money for the purchase of text-books for the free use of scholars or teachers.

CHAPTER 24, LAWS OF 1890.

SECTION 1. 1. It is evidently not the intention to impose a hardship upon the president, but simply to guard the district against possible loss. The board is not to be considered as released in the slighest degree from its obligation, under the general law, to protect the funds. The bond is required for additional protection. Nor will the fact that the president gives a bond, in any way release the treasurer from his absolute responsibility for all funds of the district coming into his hands, from whatever source. Form 9.

2. While the president is held responsible under his bond for the books and moneys while in his hands, it is not to be presumed that he must of necessity personally handle and retail the articles sold. In many cases it will be desirable to engage some one to undertake for him the work of making changes of books, and of keeping the needed school supplies for sale.

3. There is no provision of law by which the board may relieve the president of his duty to become responsible for the care and handling of the books. The

the pupils of their respective districts at cost, and said money so received shall be returned to the contingent fund; that the books and supplies. which are purchased under the provisions of this section shall be under the charge of the president of each board of directors, that he shall care therefor and receive all moneys for books sold, and he shall be responsible for all such books and moneys, and he shall give a bond in the sum of five hundred dollars with sureties to be approved by the county board of supervisors to insure the faithful performance of such duties.

SEC. 2. All the books and other supplies, purchased under the provisions of this act, shall be paid for out of the contingent fund, and the board of directors shall annually certify to the board of supervisors the additional amount necessary to levy for the contingent fund of said district to pay for such books and supplies. But such additional amount shall not exceed in any one year the sum of one dollar for each pupil residing in the district township or independent school district, and the amount so levied shall be paid out on warrants drawn for the payment of books and supplies only, but the district shall contract no debt for that

purpose.

board may not place them in charge of a local dealer, or of any other person but the president.

4. The president may not receive pay for any services required of him by the law. Nor has the board power to pay a commission or other amount to a dealer, or to any other person, for keeping, selling, or caring for the books and supplies. 5. We think the words any and all other necessary school supplies are intended to include only such articles as it is customary for parents to purchase for the use of their children in school work. For instance, globes and charts have not been furnished by the children. They cannot be bought with the money of the district, resold, and the money returned to the contingent fund as directed by the law.

6. Text-books of every variety, in all classes and grades, and all kinds of supplies usually purchased by the children for use in the schools for the purposes of instruction, may be purchased under this act.

7. It is desirable that the cost to the pupil shall be the lowest possible. Any extra expense connected with securing the books should not be added to their purchase price, but should be paid out of the contingent fund, upon separate orders. In this way the cost to the purchaser will agree with the contract price, and uniformity in cost for the same book will be common in many districts and counties.

SEC. 2. 1. Any contingent fund on hand may be used to purchase books and supplies. As the proceeds from sales must be returned at once to the contingent fund, no large additional amount will ordinarily be needed to enable the average district to secure books and supplies under this law.

2. When the board is estimating the levy for the contingent fund, it may include in the estimate an amount needed to pay any necessary expense connected with securing the books. But as indicated in section 1, and notes, no one can be paid for handling the books.

3. All payments under this chapter must be made in strict accordance with the other provisions of law governing the disbursement of school moneys. No order for any purpose may be drawn until the account has been regularly audited by

the board.