and that no district containing a population of less than two hundred and fifty inhabitants shall have power to levy and collect a tax of more than five hundred dollars in any one year for any purpose other than for the purposes prescribed in the fifth subdivision of this section, and for the payment of the principal and interest of any loan due the state.

(11) To authorize the district board to borrow money as provided elsewhere in these

statutes.

(12) To authorize the district board to admit to the privileges of the school persons over twenty years of age and persons not residing in the district, whenever such admission will not interfere with the accommodation or instruction of the scholars residing therein, and to fix a fee for tuition per term, quarter or year to be charged to the persons thus admitted.

(13) To authorize the district board to purchase textbooks for use in the public schools, to be loaned or furnished pupils under such conditions as, by such vote and regulations of the board thereunder, may be prescribed.

(14) To determine the length of a time a school shall be taught in their district the then ensuing year, which shall not be less than eight months, but if such matter, shall not be determined at the annual meeting the district board shall determine the same. (15) and (16). [Repealed by 1909 c. 502]

(17) To give such direction and make such provision as may be necessary in relation to the prosecution or defense of any action or proceeding in which the district may be a party or may be interested.

(18) At the annual meeting only, to vote a tax to compensate the treasurer, and director, which in districts supporting graded and high schools shall be such sums as may be voted, and in other districts not more than ten nor less than five dollars to each of the above officers.

(19) To alter or modify the [their] proceedings as occasion may require. [1863 c. 155 s. 19; 1866 c. 111 s. 1; 1867 c. 66 s. 1; 1868 c. 162 s. 1; 1875 c. 315, 339; 1876 c. 91; R. S. 1878 s. 430; 1885 c. 124 s. 1; Ann. Stats. 1889 s. 430; 1897 c. 354; Stats. 1898 s. 430; 1901 c. 351 s. 1, 2; 1905 c. 54 s. 1–3; Supl. 1906 s. 430; 1907 c. 71, 81, 118; 1909 c. 184, 502; 1913 c. 94, 302, 448, 641]

Additional powers; suspend school. SECTION 430-1. The electors of any school district shall have power at any annual or special school district meeting to order the district board to suspend the district school for such length of time as said electors may determine to be to the best interests and advantage of the pupils residing in said district and to authorize the district board to make all necessary contracts in behalf of the district suspending the school for payment of tuition of such pupils to another school or to other schools conveniently located. [1907 c. 496; 1909 c. 502]

Transportation. SECTION 430-2. The electors shall also have power to order theboard to provide for transportation of any or all pupils residing in the district to and from the school in their district or to and from the school or schools with which contracts for tuition are made. [1907 c. 496; 1909 c. 502]

Tuition; transportation; tax. SECTION 430-3. In all cases where the electors have voted to suspend the school in their district or have directed the board to pay for tuition or for transportation they shall provide by tax upon the district, a sum sufficient to meet the cost of the tuition or the transportation or both; provided that if any district at its annual or at a subsequent special meeting prior to the third Monday of November following shall not vote a tax sufficient to pay for tuition or transportation or both for the time during which the school is suspended, the district board, on or before the Wednesday next following said third Monday of November, shall determine the sum necessary to pay for tuition or transportation or both, as the case may be, and the district. clerk shall at once certify to the town clerk the amount so fixed and the town clerk shall assess said amount as other district taxes are assessed. [1907 c. 496; 1909 c. 502]

Transportation of pupils; tax; claim for state aid. SECTION 430-4. It shall also be lawful for the electors of any school district to authorize the school board or town board of school directors to enter into an agreement with the parent, guardian or other person in charge of any pupil to compensate such parent, guardian or other person for transportation, or providing for the transportation of any pupil or pupils to and from school, and to enter into contracts for the transportation to and from school of all persons of school age who attend, and to levy a tax therefor; provided, that in all cases where the distance from the home of the pupil or pupils, who are to be transported, is two miles or less by the nearest traveled highway, the sum per pupil so paid shall be such as may be authorized by the electors, and in all cases where the distance is more than two miles the state may be called upon to pay five cents per day for each such pupil transported

regularly to and from school in some reasonable and comfortable manner for a period of not less than five months. The school board or the town board of school directors and the principal teacher of the school in which such pupil is enrolled shall, on or before the fifteenth day of July of each year, make under oath a report giving the name of each pupil transported more than two miles, the number of days such pupil was transported, the mode of transportation and the total amount claimed by the district on account of all pupils residing more than two miles from school, for whom transportation or transportation and tuition have been paid. [1907 c. 496; 1909 c. 502; 1911 c. 618]

State aid. SECTION 430-5. Upon receipt of such report the state superintendent shall certify to the secretary of state the amount due such district and the secretary of state shall thereupon issue a warrant in favor of such district for such amount which shall be paid by the state treasurer to the treasurer of the district from the school funds provided for by section 1072a of the statutes. [1907 c. 496; 1909 c. 502]

Notice of meeting; contents; posting. SECTION 430-6. It shall be the duty of the clerk of the school district board to embody in the notice of every annual or special school district meeting at which any or all of the above matters are to be considered, a statement to that effect and said notices shall be posted or posted and served, as provided for in sections 425, 426 and 427 of the statutes of 1898. [1907 c. 496; 1909 c. 502]

Contract limit. SECTION 430-7. No contract or agreement shall be made under this act that shall bind any district for more than three years. [1907 c. 496; 1909 c. 502] Definitions. SECTION 430-8. Whenever the term "electors" or "board,” or “district board" or "district" occurs in this chapter it shall apply with equal force to "electors of a town or towns." [1907 c. 496; 1909 c. 502; 1915 c. 620]

Limitation of taxes. SECTION 430a. The total amount of school district tax hereafter levied in any school district in this state in any one year for building, hiring or purchasing any school building, and for the maintenance of schools, including teachers' wages and incidental expenses, shall not exceed two per cent of the total assessed valuation of taxable property in such school district for the preceding year. [1879 c. 118; Ann. Stats. 1889 s. 430a; 1897 c. 354; Stats. 1898 s. 430a; 1903 c. 439 s. 3; Supl. 1906. s. 430a; 1907 c. 118]

SECTION 430a-1. [Renumbered section 431a by 1913 c. 773 s. 20]

FURTHER POWERS OF MEETINGS.

Vote on free textbooks. SECTION 4306. At the annual meeting the question of providing free textbooks for the use of all pupils attending the schools in the district and levying a tax sufficient to meet the expense of furnishing free textbooks for the use of such pupils shall be submitted to the legal voters present at such meeting and a vote taken thereon. The chairman shall direct the vote to be taken before entertaining a motion to adjourn sine die, and upon demand of any five legal voters present the vote shall be taken by ballot if a written resolution upon the question be submitted, and the ballot of those favoring the resolution submitted shall have thereon the word "yes," and of those opposing the word "no." [1887 c. 266; Ann. Stats. 1889 s. 430b; 1897 c. 354; Stats. 1898 s. 430b]

Vote as to kindergarten. SECTION 430c. In any school district under the supervision of the county superintendent in which a high school or a graded school having more than two departments is maintained, the question of establishing and maintaining by the levy of a tax therefor as many kindergartens as will be required to accommodate the children of such district between the ages of four and six years, allowing forty pupils to each kindergarten, may be submitted at the annual meeting to the legal voters present and a vote taken thereon as in the case of a vote on free textbooks. [1899 c. 298 s. 1; Supl. 1906 s. 430c; 1907 c. 118]

Kindergartens in cities. SECTION 430d. The board of education in any city of the third or fourth class whether organized under the general law or special charter, at the time of certifying to the city clerk its yearly estimate of the expenses of the public schools under its charge, shall certify also separately an estimate of the cost for the school year of as many kindergartens as will in their judgment be required for the accommodation of the children of said city between the ages of four and six years. The council shall take action thereon. If the whole or a part of the estimate be approved, the council shall make an appropriation of the amount approved by them for that purpose, which shall be in addition to the other funds appropriated for school purposes and shall be used only for the support of such kindergartens. [1899 c. 298 s. 2; Supl. 1906 s. 430d; 1907 c. 118]

17

257

Auditing committee. SECTION 430e. It shall be the duty of every school district in the state of Wisconsin at its annual meeting to appoint three competent persons who shall be voters in the district to examine all accounts, books, vouchers, moneys and property of whatsoever kind belonging to said district between the thirtieth day of June next following their appointment and the time of the next annual school meeting of said school district and report their findings in writing to the electors at the next annual meeting. [1899 c. 162 s. 1, 2; 1905 c. 78 s. 1; Supl. 1906 s. 430e; 1907 c. 118]

Additional room and teacher to be provided, when. SECTION 430f. Whenever any school district having a schoolhouse of one room only shall enroll and have in attendance therein for a period of more than twenty days during any one school term sixty-five or more pupils, it shall be the duty of the electors of said district at the next annual meeting to authorize the district board to make provision for an additional room and an additional teacher for the accommodation and instruction of said children.

Failure to comply with this section shall cause the district to forfeit the right to share in the apportionment in that part of the public money which said district would otherwise receive from the seven-tenths mill tax as provided by law. [1905 c. 256 s. 1, 2; Supl. 1906 s. 430f; 1907 c. 118; 1911 c. 292; 1911 c. 664 s. 41]

Certain school districts containing cities; reduction of board membership. SECTION 430n. The electors of any school district having adopted the provisions of chapter 317, laws of 1899, as amended by chapter 205, laws of 1901, and chapter 421, laws of 1905 [section 493a], may at any annual school meeting held in such school district vote to rescind the action of the electors of the district in adopting the provisions of this chapter [section 490a], and to return to the district system of school government as provided in subsection 3, section 430; provided, that ten days' notice that such a question will be submitted to the electors of the city school district at the annual meeting, be given by posting five copies thereof in five different public places in such city school district. In case the electors shall vote to have a school board of three members, the director, clerk and treasurer then in office in such district shall continue in their respective offices during the full term for which they were elected, and thereafter their offices shall be filled in the manner prescribed by law. [1907 c. 588]

DISTRICT OFFICERS.

Elections, terms and acceptance. SECTION 431. The officers of the district shall be a director, treasurer and clerk, who shall be residents of the district and hold their respective offices for three years and until their successors have been elected or appointed, but not beyond ten days beyond the expiration of their term of office without being again elected or appointed; provided, that at the first election of such officers in any newlyorganized district the clerk shall be chosen for one year, the treasurer for two years and the director for three years; and thereafter each officer shall be chosen for three years. Any person present at a meeting at which he shall be elected one of the board shall be deemed to be notified thereof; and any person so elected and not present shall be notified thereof by the clerk of said meeting within five days thereafter; and unless each person elected and notified shall within ten days after his election file with the clerk his refusal in writing to accept the office he shall be deemed to have accepted the same. [1854 c. 80 s. 16; 1858 c. 138; R. S. 1858 c. 23 s. 16; 1863 c. 155 s. 31; R. S. 1878 s. 431; Ann. Stats. 1889 s. 431; 1897 c. 354; Stats. 1898 s. 431]

Election of officers; districts containing village or city fourth class; petition; notice. SECTION 431a. 1. Whenever a petition requesting that an election of school district officers shall be conducted after the manner of voting for village or city officers, signed by not less than twelve qualified voters of any school district in which the school officers are elected by the people, and which contains wholly or partly within its limits an incorporated village, or city of the fourth class, is presented to the clerk of such district he shall at least six days before the time fixed by law for the annual school district meeting, post or cause to be posted in at least six of the most public places in the district notices giving the manner of holding and conducting such election.

Where held. 2. The election of school district officers shall be held in some convenient room in the district school building, and if there are two or more school buildings in such district, the notice shall specify in which building the election shall be held, and if the notice does not so specify it shall be understood that the building in which the last annual school meeting was held shall be the building designated.

Ballot. 3. The election of officers shall be by ballot, and suitable ballot boxes shall be provided therefor. The polls shall be opened at three o'clock in the afternoon of the day fixed by law for holding the annual school district meeting, and shall be closed at eight o'clock of the same day. The time of opening and closing the polls, as well as the

place of holding the election, shall be specified in the notice of such meeting, but a failure to so specify the time of opening and closing the polls and designating the place shall not vitiate such election.

Election officers. 4. The mayor of the city or the president of the village or board of trustees, as the case may be, shall appoint not more than five persons who shall act as inspectors and clerks of this election and who shall make and keep a list of all the electors, men and women, voting at such election.

Conduct. 5. Immediately after the polls are closed and the ballots counted, the result shall be declared, and all ballots as soon as counted, shall be sealed in the ballot box and be kept in the custody of the village clerk or the city clerk, as the case may be, for sixty days. As soon as the result of the election is announced, the electors shall organize and conduct the regular and usual business, other than the election of officers, authorized to be done at annual school district meetings.

Challenge. 6. The privilege of challenging any person as to his or her right to vote at such election shall not be prohibited or restricted.

Compensation. 7. The amount of compensation paid to the inspectors and clerks of this election shall be one dollar for each such inspector and clerk engaged and acting in conducting this election, said compensation to be paid from any funds in the treasury of the school district not otherwise appropriated. [1909 c. 351; Stats. 1911 s. 430a-1; 1913 c. 773 s. 20; 1915 c. 181]

District board. SECTION 432. The director, treasurer and clerk shall constitute the district board. Meetings of the board may be called by any two members thereof by serving on the other member a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place. No act authorized to be done by the board shall be valid unless voted at its meeting. No formal notice of a meeting shall be required where all members are present and consent to consider matters relating to the district. [1854 c. 80 s. 35; R. S. 1858 c. 23 s. 37; 1863 c. 155 s. 46; 1868 c. 108 s. 2; R. S. 1878 s. 432; Ann. Stats. 1889 s. 432; 1897 c. 354; Stats. 1898 s. 432]

Filling vacancies. SECTION 433. The board may fill by appointment any vacancy that may occur in their number within ten days after such vacancy shall occur; and if such vacancy shall be not so filled the town or village clerk, and in the case of a joint district the clerk of the town or village in which the schoolhouse is situated, shall fill such vacancy by appointment. Any person upon being notified of his appointment shall be deemed to have accepted the same unless within five days thereafter he shall file - with the clerk or director a written refusal to serve; and any person so appointed shall hold office until the next annual meeting, at which the electors shall fill such vacancy for the unexpired term. [1854 c. 80 s. 38; R. S. 1858 c. 23 s. 40; 1863 c. 155 s. 50; 1866 c. 111 s. 4; 1871 c. 169 s. 3; R. S. 1878 s. 433; Ann. Stats. 1889 s. 433; 1897 c. 354; Stats. 1898 s. 433]

Vacancy. SECTION 433a. When the clerk, director or treasurer shall be and remain absent from the district for which he was elected for a period exceeding sixty days his office shall be deemed vacant. [1889 c. 427; Ann. Stats. 1889 s. 433a; 1897 c. 354; Stats. 1898 s. 433a]

Purchase, etc., of schoolhouse. SECTION 434. When lawfully directed by the electors the board shall purchase or lease the site for a schoolhouse designated by the district, build, hire or purchase a schoolhouse out of the funds provided for that purpose, and sell and convey any site, schoolhouse or other property of the district. [1854 c. 80 s. 36; R. S. 1858 c. 23 s. 38; 1863 c. 155 s. 37; R. S. 1878 s. 434; Ann. Stats. 1889 s. 434; 1897 c. 354; Stats. 1898 s. 430 sub. 5, 7; Stats. 1898 s. 434]

District schoolhouses; use for entertainments. SECTION 435. The board shall have the care and keeping of the schoolhouse, books, apparatus and other property of the district, except that especially confided by law to the clerk, and before each annual meeting they shall make and deposit with the clerk of the district an inventory thereof; keep the schoolhouse in good condition and repair, and provide all necessary appendages during the time a school shall be taught therein. They may grant the request of any responsible inhabitant of the district to occupy the schoolhouse for such public meetings. as will, in the judgment of the board, aid in disseminating intelligence and promoting good morals; any such licensee shall be answerable, and if there be no responsible licensee, the members of the board shall be personally liable to the district for any injury done to any property and for any expense incurred by, at or in consequence of any such use of the schoolhouse. They may grant the use of the schoolhouse for the holding of lectures, entertainments and school exercises, providing they are held under the auspices of the school authorities, and are for the benefit of the school, and may permit the charging

of an admission fee thereto. [1854 c. 80 s. 37; R. S. 1858 c. 23 s. 39; 1860 c. 352 s. 2; 1863 c. 155 s. 48; 1867 c. 111 s. 6; 1873 c. 281; 1875 c. 235; R. S. 1878 s. 435; Ann. Stats. 1889 s. 435; 1897 c. 354; Stats. 1898 s. 435; 1907 c. 270]

Schools; separate water-closets; tax levy for. SECTION 435a. It shall be the duty of each school district board, to provide at least two suitable and convenient outhouses or water-closets for each of the schoolhouses under its control. Said outhouses or water-closets shall be entirely separated each from the other and shall have separate means of access. The boys' outhouse shall be provided with suitable urinals. Said outhouses and said waterclosets if detached from the schoolhouse, shall be placed at least thirty feet apart and separated by a substantial close fence not less than seven feet in height, and where placed on opposite sides of the school grounds shall be suitably screened from view. The board of education shall have said outhouses and water-closets kept in a clean and wholesome condition. If the electors of the district or town shall at the annual meeting fail to vote a tax of a sufficient amount to enable the board to comply with the provisions of this section, it shall be the duty of the district board prior to the third Monday of the November following, to determine the sum necessary to be raised to carry out the provisions of this section, and the clerk or secretary shall forthwith certify to the town clerk the amount so fixed, who shall assess this amount as school district taxes are assessed, and such amount shall be assessed, levied and collected at the same time and in the same manner as other taxes for school purposes. [1907 c. 232; 1915 c. 620]

Nonpartisan gatherings of citizens. SECTION 435d. 1. Upon application of not less than one-half of the voters residing in the district, the school board or other body having charge of schoolhouses or other public buildings or grounds, which are capable of being more widely used as public meeting places for nonpartisan gatherings of citizens, for the presentation and discussion of public questions or for other civic, social or recreational activities, shall allow the use of such buildings or grounds for the open presentation and free discussion of public questions, and may allow the use of such buildings or grounds for such other civic, social and recreational activities as in the opinion of the controlling board do not interfere with the prime purpose of the building or grounds.

2. Where the citizens of any community are organized into a nonpartisan, nonsectarian, nonexclusive association for the presentation and discussion of public questions or for the promotion of public health by giving instruction in any topic relating thereto or in physical culture and hygiene or by the practicing of physical exercises and the presentation and discussion of topics relating thereto, the school board or other body having charge of the schoolhouses or other public properties which are capable of being used as meeting places for such organization, when not being used for their prime purpose, shall provide, free of charge, light, heat and janitor service, where necessary, and shall make such other provisions as may be necessary for the free and convenient use of such building or grounds, by such organization for weekly, biweekly or monthly gatherings at such times as the citizens' organization shall request or designate. All such gatherings shall be free to the public. 3. The school board or other board having charge of the schoolhouses or other public properties, may provide for the free and gratuitous use of the schoolhouses or other public properties under their charge for such other civic, social and recreational activities, as in their opinion do not interfere with the prime use of the buildings or properties.

4. The person or persons making application for the use of a schoolhouse or other public property for public meetings, shall be responsible for all damage to the property occurring at such meetings, ordinary wear and tear excepted, and upon failure of the responsible person or persons to respond in damages for any such injury to the property, the school board or other board in charge of the schoolhouse or other public property, may refuse all future applications for the wider use of the property until such injury is repaired, without expense to the board in charge of the property. [1911 c. 514; 1913 c. 123]

Use of school buildings and grounds for auxiliary educational and recreational activities; referendum; taxation; appropriation. SECTION 435e. 1. Boards of school directors in cities of the first, second or third class are hereby authorized to establish and maintain for children and adult persons, in the school buildings and on the school grounds, under the custody and management of such boards, evening schools, vacation schools, reading rooms, library stations, debating clubs, gymnasiums, public playgrounds, public baths and similar activities, and accommodations to be determined by such boards, without charge to the residents of such cities; also to co-operate with commissioners or boards having the custody and management in such cities of public parks, libraries, museums and public buildings and grounds of whatever sort, and by making arrangements satisfactory to such boards of school directors, and such commissioners or boards