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the board shall on or before the second Wednesday in November certify to the town clerk a tax sufficient to meet all obligations arising on account of contracts entered into for the transportation of children living more than two miles from school, which tax, when so certified to the town clerk, shall be levied and collected as other district taxes are now levied and collected. [1913 c. 380; 1915 c. 371 s. 3]
SECTION 496-11. [Repealed by 1915 c. 371]
Transportation agreement with parents; accounts. SECTION 496–12. It shall also be lawful for the electors to authorize the school board 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 transporting 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. 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 one and less than two miles, the state shail pay five cents per day, and where the distance is more than two miles, ten cents per day for each 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 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 and showing the distance and number of days each pupil was transported, the mode of transportation, and the total amount claimed by the districts on account of such transportation. [1913 c. 380; 1915 c. 620]
Appeals to state superintendent. SECTION 497. Any person conceiving himself aggrieved by any decision made by any school district meeting or by any town board in forming or altering or in refusing to form or alter any school district, or by any other thing done by any officer or board under the provisions of this chapter, may appeal to the state superintendent. Such appeals shall be taken and heard in the manner prescribed by him and he shall make and file his decision within thirty days after the hearing thereof is closed. The decision appealed from shall be operative until the same shall be reversed; and no decision on appeal to said superintendent made by him after the lapse of thirty days from the time the hearing thereof is closed shall be effectual. [1863 c. 155 s. 122; 1864 c. 255 s. 1; R. S. 1878 s. 497; Ann. Stats. 1889 s. 497; 1897 c. 354; Stats. 1898 s. 497]
Limitation as to time when review may be had. SECTION 497a. No review of the decisions of the state superintendent on matters decided by him shall be had unless proceedings by certiorari or other appropriate action be brought within thirty days after such determination by him, or in cases heretofore decided by him, within thirty days after this act takes effect. [1901 c. 184 s. 1; Supl. 1906 s. 497a; 1907 c. 118]
Clerk's liability. SECTION 498. Every district clerk who shall wilfully neglect to make the annual report for his district as required by law shall be liable to pay the whole amount of money lost by such district in consequence of his neglect, which shall be recovered in an action in the name of and for the use of the district. [1863 c. 155 s. 126 : R. S. 1878 s. 498; Ann. Stats. 1889 s. 498; 1897 c. 364; Stats. 1898 s. 498]
Town clerk and superintendent's liability. SECTION 499. Every town clerk who shall neglect or refuse to make and deliver to the county superintendent his annual report as required in this chapter within the time limited therefor shall be liable on his official bond to pay the town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest tliereon; and every county superintendent who shall neglect or refuse to make the report required of him by this chapter to the state superintendent shall be liable to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either case in an action prosecuted by the town treasurer in the name of the town. All money collected or received by any town treasurer under the provisions of this section shall be apportioned and distributed to the school districts entitled thereto in the same manner that the money lost by any such neglect or refusal would have been apportioned and distributed. [1863 c. 155 s. 127, 129, 130; R. S. 1878 s. 499; Ann. Stats. 1889 s. 499; 1897 c. 354; Stats. 1898 s. 499]
Neglect of duty. SECTION 500. Every taxable inhabitant receiving the notice mentioned in sections 413 and 415, and every chairman of the first district meeting in any district who shall wilfully neglect or refuse to perform the duties enjoined upon him by this chapter, shall respectively forfeit the sum of five dollars. Every person duly elected
to the office of director, treasurer or clerk of any school district who shall neglect or refuse without sufficient cause to accept such office and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by the provisions of this chapter, shall forfeit the sum of ten dollars; and every school district officer who shall neglect or refuse to deliver to his successor in office all records, books and papers appertaining to such office shall forfeit not exceeding fifty dollars. [1863 c. 155 s. 125; 1863 c. 156 s. 123; 1868 c. 175 s. 1; R. S. 1878 s. 500; Ann. Stats. 1889 s. 500; 1897 c. 354; Stats. 1898 s. 500]
Who not to deal in schoolbooks, etc. SECTION 501. Neither the state superintendent, his assistant, nor any person in his office, nor any county superintendent, nor school district officer, nor any officer or teacher connected with any public school shall act as agent or solicitor for the sale of any schoolbooks, maps, charts, school library books, school furniture, apparatus or stationery, or furnish any assistance to or receive any reward therefor from any author, publisher, bookseller or dealer doing the saroe. Every person violating this section shall forfeit not less than fifty nor more than two hundred dollars for each offense and be liable to removal from office therefor. [1877 c. 172; R. S. 1878 s. 501; Ann. Stats. 1889 s. 501; 1897 c. 354; Stats. 1898 s. 501]
Drawing unauthorized order. SECTION 502. Every district clerk who shall draw an order upon the treasurer for any purpose not authorized by law, and every director who shall countersign such order, shall forfeit for each such order not less than twenty nor more than one hundred dollars. (1863 c. 155 s. 136; R. S. 1878 s. 502; Ann. Stats. 1889 s. 502; 1897 c. 354; Stats. 1898 s. 502]
Refusal to enforce decision. SECTION 504. In case the town board or any other offcer shall neglect or refuse to carry into effect any decision of the state superintendent made upon an appeal from their or his action or refusal to act, each supervisor or other officer refusing or neglecting shall forfeit the sum of fifty dollars; and every town clerk who shall so neglect or refuse shall also be liable to removal by the town board upon proper notice thereof.
[1863 c. 155 s. 127, 128; R. S. 1878 s. 504; Ann. Stats. 1889 s. 504; 1897 c. 354; Stats. 1898 s. 504]
Recovery of forfeitures. SECTION 505. All actions for the recovery of any forfeiture incurred under the provisions of this chapter shall be prosecuted by the director of the school district interested, except when such director has incurred a forfeiture, in which case such action shall be prosecuted by the treasurer of such district; and in case either shall refuse or neglect to prosecute he shall forfeit twenty dollars. All forfeitures recovered shall be first applied to the necessary expenses of such prosecutions, and onehalf of the remainder shall be paid into the district treasury for the use of the district and the other half to the county treasurer for the benefit of the school fund. [1863 C. 155 s. 128, 134; R. S. 1878 s. 505; Ann. Stats. 1889 s. 505; 1897 c. 354; Stats. 1898 s. 505]
By voter. SECTION 506. Whenever any person or officer designated in this chapter to prosecute an action for a forfeiture or for a neglect of duty shall fail to prosecute such action for the space of ten days after being requested in writing by a voter of the proper district so to do, any voter may prosecute such action for the recovery of such forfeiture or for any neglect of duty in the manner herein prescribed. [1863 c. 155 s. 133; R. S. 1878 s. 506; Ann. Stats. 1889 s. 506; 1897 c. 354; Stats. 1898 s. 506]
Removal of officers. SECTION 507. Any school district officer may be removed from office by the county judge for wilful neglect of any duty upon the written application of the majority of the legal voters of his district or of any person aggrieved by such neglect, containing a full statement of all the charges preferred against him. A copy thereof, with a notice of the time and place when and where a hearing upon the same will be had, shall be served upon such officer at least ten days before such hearing. Such officer shall have full opportunity to be heard in his defense; and the judge, upon satisfactory proof of such neglect of duty, may by order remove such officer from his office, and in case of removal shall forthwith file such order in the office of the town clerk and cause a copy thereof to be served upon each of the other officers of the district. The person so removed from office shall not be appointed to fill the vacancy occasioned by such removal; and for all services performed by the county judge under the provisions of this section he shall receive three dollars for each day actually employed, to be paid by the county. [1868 c. 175 s. 1, 2; R. S. 1878 s. 507; Ann. Stats. 1889 s. 507; 1897 c. 354; Stats. 1898 s. 507]
SECTION 508. [Repealed by 1911 c. 355]
Part of library. SECTION 510. All such dictionaries heretofore or hereafter received by the several districts shall belong to the district library, but during the time a school is taught they shall be and remain in the schoolrooms during the hours of school:
for the exclusive use of the scholars and teachers, and under the control of the teachers or principals, who shall be responsible to the districts for their loss or for any unnecessary damage they may receive. [1867 C. 16 s. 3; R. S. 1878 s. 510; Ann. Stats. 1889 s. 510; 1897 c. 354; Stats. 1898 s. 510]
Payment of money. SECTION 511. The state superintendent shall pay to the state treasurer all money received on account of dictionaries sold as aforesaid, and render an account of all dictionaries sold in his report to the governor. [1867 c. 32 s. 2; R. S. 1878 s. 511; Ann. Stats. 1889 s. 511; 1897 c. 354; Stats. 1898 s. 511]
Residents, who are; county's liability. SECTION 512. Every person of lawful school age maintained as a public charge shall, for school purposes, be deemed a resident of the district in which he lives; for every person so maintained by the county the county board shall for each year allow to the district in which such person may attend school an amount for each person so attending equal to the amount expended in that year for each pupil in such district for school purposes; and in case such person be maintained by any town, such town board shall allow a like amount to such district. Such account shall be reckoned by the district officers without reference to the number of pauper children attending such school. [1873 C. 156; R. S. 1878 s. 512; Ann. Stats. 1889 s. 512; 1897 c. 354; Stats. 1898 s. 462, 512]
Women may be officers. SECTION 513. Women of the age of twenty-one or more years who reside and for one year next prior to their election or appointment have resided in any school district, town, city, or county, are eligible by election or appointment to the offices of director, treasurer and clerk of such district, member of the school board or board of education of such city, town inspector of schools of such town and county superintendent of such county. [1875 c. 120; R. S. 1878 s. 513; Ann. Stats. 1889 s. 513; 1897 c. 354; Stats. 1898 s. 513; 1911 c. 536; 1911 c. 664 s. 113; 1915 c. 620]
Powers of boards; application of chapter to cities and villages. SECTION 515. Every such board or other body aforesaid shall have all the powers and be charged with all the duties imposed hy these statutes on school district boards so far as the same are not provided for or limited by the special provisions of the act of incorporation or other act under which such board or body is constituted. Every city or village not having a system of school government specially provided by law therefor shall be governed by the provisions of this chapter. [1869 C. 182 s. 36; R. S. 1878 s. 515; 1883 c. 251 s. 3; Ann. Stats. 1889 s. 514, 515; 1897 c. 380; Stats. 1898 s. 440a, 515]
Free lectures. SECTION 515a. The board of school directors of any school district or the board of education of any city is authorized and empowered to provide for employment of competent persons to deliver lectures on the natural sciences, on historical, literary, or other educational subjects, in the public school buildings, in public library buildings or in other suitable places of said district or city, and to particularly provide for the further education of the adult persons of such community. [1901 c. 336 s. 1; 1905 c. 125 s. 1; Supl. 1906 s. 515a; 1907 c. 75, 118; 1911 c. 498]
Purchase of books; control of lectures. SECTION 515b. The said board of education shall have power to purchase the books, stationery, charts and other things necessary and expedient to successfully conduct said lectures and may designate some person who shall have the management and control of such lectures. [1901 c. 336 s. 2; 1905 C. 125 s. 2; Supl. 1906 s. 515b; 1907 c. 75, 118]
No admission fee to be charged; lectures, when to be given. SECTION 515c. No admission fee shall be charged and at least one school building or public library building shall be designated by said board of education for the purpose of carrying out the provisions of this act; and said lectures shall be delivered in such school or library building between the first day of October and the thirty-first day of March in each year, which lectures shall be advertised in a newspaper published in said city at least one week in advance of the delivery thereof. [1901 c. 336 s. 3; 1905 c. 125 s. 3; Supl. 1906 s. 515c; 1907 c. 118]
Appropriation. SECTION 515d. The board of education is hereby authorized, previous to the first day of September in each year, to meet and provide the necessary appropriation for the purpose of carrying out the provisions of sections 515a, 5155 and 515c. [1901 c. 336 s. 4; 1905 c. 125 s. 4; Supl. 1906 s. 515d; 1907 c. 118; 1911 c. 663 $. 32]
Employment of high school principal for term of three years. SECTION 515m. The school board of any school district maintaining a free liigh school or a union free high school and not containing a city in which a city superintendent is employed may contract with a qualified teacher who shall have had at least one year's experience as a principal of a high school to act as principal of such high school for a term of not more than three years. [1915 c. 198]
Township system abolished; procedure on winding up. SECTION 516. 1. Whenever the township system shall be abolished in any town, the town board of supervisors of said town shall meet for the purpose of creating and forming suitable independent districts. Such meeting shall be held between the first day of March and the first day of June, 1912. Due notice giving the time and place (day and hour) of such meeting shall be given in writing to each school officer in the town, and a copy thereof shall be posted in at least four public places in each subdistrict, and another copy affixed to the outer door of each schoolhouse in the town, not less than ten, nor more than fifteen days previous to the day of meeting fixed in the notice. If one or more weekly newspapers are published in the town, publication of the notice in such paper or papers for at leas two consecutive weeks immediately preceding the meeting shall answer in place of service and posting of notices.
2. The supervisors sliall grant a public hearing and when the hearing is closed tiio, shall at once proceed to create one or more suitable independent districts making the order to take effect on Saturday, June 22, 1916, and the date for the first district meeting shall be the first Monday in July at eight o'clock in the afternoon. When assembled at such meeting the electors shall have power to elect a clerk for one year, a treasurer for two years and a director for three years, and to transact any and all other business provided for by section 430 of the statutes. If a town operating under the township system is indebted to the state or to any individual, firm or corporation, the supervisors shalldetermine the amount of such indebtedness due from each new district and certify such amount to the clerk of the new district and file their determination in the office of the town clerk. It shall be the duty of the town clerk to send at once a certified statement of the indebtedness as apportioned to the different districts, to the individual, firm or corporation, or the secretary of state, as the case may be, and it shall also be the duty of the town clerk to place in the tax roll annually, the amount of principal and interest to be collected from each district to meet its obligations.
3. In cases where there are joint subdistricts between two or more towns, one or both under the township system, the boundaries of such subdistrict shall not be affected by the order made to go into effect June 22, 1912, but it shall be organized as other independent districts, and shall constitute an independent joint district, the boundaries of which may be changed later by the proper authorities under the statutes providing therefor. The. order creating and designating a district shall, if practicable, use the number of the subdistrict abolished and the notice to the taxable inhabitant shall be given by the supervi.. sors of the town in which the schoolhouse is located, and if there be more than one schoolhouse, by the supervisors of the town in which the oldest schoolhouse is located.
4. It is furtlier provided that the supervisors are not limited in determining the area: of any school district formed under this act, but no school district shall be formed that does not at the time of its formation have residing within its boundaries at least fifteen persons of school age. Be it also understood that the electors of any school district shall have full power, at any annual or special district meeting, to select as many schoolhouse sites and to direct the school board to erect as many school buildings in different parts of the district as may be needed to accommodate the school population, or to provide transportation for any or all children, or children only residing more than one and one-half miles from the school. [1869 c. 182; 1872 c. 94; R. S. 1878 s. 516–553; 1882 c. 72; 1883 c. 63; 1887 c. 297; 1889 C. 292, 293; Ann. Stats. 1889 s. 516–553; 1893 c. 215;: 1895 c. 276; 1897 c. 90, 354; Stats. 1898 s. 516–553; 1901 c. 160, 351, 416; 1909 c. 104,. 131; 1911 ç. 388; 1911 c. 664 s. 61; 1915 c. 181]
Inspection of school buildings. SECTION 517. 1. The inspector of rural schools, the inspectors of state graded schools, and the inspector of high schools of the state, in, addition to their other duties, are hereby made inspectors of public school buildings. Said inspectors shall act under the direction of the state superintendent, and under such regula. tions as may be established by him.
2. Whenever any county or district superintendent, city superintendent, member of a school board or board of education, or any voter of a school district, or a member of a board of health, shall make a complaint in writing to the state superintendent that any building used for or in connection with any public school in his county, district, city, village or town, as the case may be, is in an unsanitary condition, or that the conditions are such as to endanger the life and health of the children attending school, or that the schoolhouse is unfit for school purposes, one of said inspectors designated by the state superintendent shall personally investigate and examine the premises and buildings concerning. which said complaint is made.
3. Upon such investigation and examination said inspector shall, if conditions warrant it, make an order directing the school board, the board of education, or other officer or
officers having control of the school district or school corporation, to repair and improve such building or buildings as may be necessary, and to place said buildings in a safe and sanitary condition; or if said inspector shall deem the schoolhouse unfit for school purposes and not worth repairing he shall state said fact and recite the reason therefor.
4. The said inspector shall file said order in the state superintendent's office, and cause true copies thereof to be delivered, by mail or otherwise, to the clerk of the district board, the clerk of the board of education of the district or school corporation where such schoolhouse and premises are located, and shall deliver as, provided herein copies of said order to the proper county, district or city superintendent, and also the clerk of the town, city or village in which the schoolhouse is located.
5. The said order shall state the time in which it shall be complied with, and shall take effect from its date, and shall continue in force and full effect until reversed. The decision of the inspector may be appealed from to the state superintendent in the time and manner now provided for taking appeals to said superintendent, and the decision appealed from shall be stayed, pending such appeal.
6. Whenever any school district, school corporation, school board, or board of education, shall refuse to comply with the order of said inspector within the time herein specified, such school district or school corporation shall forfeit absolutely its apportionment of the fund derived from the seven-tenths mill tax, provided for in section 1072a of the statu:es, and amendments thereto, and shall continue to so forfeit its regular apportionment of such fund until there is full compliance with the requirements of said order, unless the electors of said school district shall vote to instruct the school board to close the district school and provide transportation and tuition for all children of school age in the district desiring to attend school at some neighboring school or schools, as provided for in section 4967 of the statutes.
7. Nothing in this section shall be deemed to interfere with the operation of the provision of subsection (3) of section 461 of the statutes, relating to the duties of county superintendents of schools, or with the provisions of section 14186 of the statutes, relating to the inspection and regulation of the sanitary conditions of schoolhouses by boards of health. [1909 c. 550 ; 1911 c. 388. s. 1; 1913 c. 30]
SECTIONS 518 to 553, inclusive. [Repealed by 1911 c. 388]
Township school bonds binding. SECTION 553-1. All bonds heretofore issued by any school district organized under the township system, where the issue of such bonds has in fact been submitted to the electors of said district at any election therein held, and a majority of the votes cast at such election in favor of the issue of such bonds, and the bonds have in fact been issued and sold, and the proceeds thereof actually paid to such district, are declared to be in all respects legal, binding and valid obligations of the school district so issuing the same according to the terms of such bonds. [1907 C. 199; 1907 c. 676 s. 12]
General district law applied to township issues. SECTION 553—2. Such districts organized under the township system are authorized to issue bonds or other legal obligations as fully and to the same extent as if organized under the general law relating to other school districts. [1907 c. 199; 1907 C. 676 s. 12]
Physical education. SECTION 553a. 1. “Physical education" as used herein is de fined as instruction in the theory and practice in the art of physical exercise and instruction in hygiene.
2. School boards, or boards of education in school districts, embracing in whole or in part an incorporated city, shall make provision for the training of all pupils under their jurisdiction in physical education. The schcol boards in other school districts, separately or jointly, may make the same provision.
3. The board of regents of the state normal school shall provide and shall require a definite and thorough course in the theory and art of physical education, and instruction in games and playground management, to be taught in every state normal school. Esainination in this branch shall be required of all candidates for a normal school diploma and normal school certificate, the same as in other branches of study of the normal school course of study.
4. The county training school board of each and every county training school for teachers now or hereafter to be organized in this state shall require a course of instruction in physical education and instruction in games and playground management to be taught in every county training school. [1897 c. 86; Stats. 1893 s. 553a; 1911 c. 228]
Moral and humane instruction. SECTION 553a41. In all public schools in this state it shall be the duty of each and every teacher to teach morality, for the purpose of elevating and refining the character of school children up to the highest plane of life; that they may know how to conduct themselves as social beings in relation to each other, as respects