ARTICLE III.-SCHOOL DISTRICTS.

227. Shall be deemed organized, when.
28. Shall be a body corporate.

29. Joint districts, how formed and designated.
30. New districts formed from one or more dis-
tricts; apportionment of property.

31. Aggrieved persons may appeal.

32. Annual meeting, when held; notice; special meetings.

33. When business of annual meeting may be transacted at special meeting; when and how called.

34. Notice of district meetings.

35. Who may vote at a district meeting.

36. How to proceed when a voter is challenged. 37. Powers of district meetings.

38. District meetings may determine length of school term, etc.; when board may determire the same.

39. School-house site may be changed.

40. Value of school house, how determined.
41. School-house site may be condemned, when
and how.

Organization.—SECTION 27. [Laws 1876, Ch. 122, Art. 3, Sec. 1.] Every school district shall be deemed duly organized when the officers constituting the district board shall have been elected and qualified, and shall have signified their acceptance to the county superintendent in writing, which the superintendent shall file in his office.

Body Corporate.-SEC. 28. [Laws 1876, Ch. 122, Art. 3, Sec. 2.] Every school district organized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of school district No. (such a number as may be designated by the county superintendent), ——— county (the name of the county in which the district is situated), state of Kansas, and in that name may sue and be sued, and be capable of contracting and being contracted with, and holding such real and personal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of this act.

Joint Districts.-SEC. 29. [Laws 1879, Ch. 158, Sec. 1.] When it shall become necessary to form a school district, lying partly in two or more counties, the county superintendents of the counties in which the said tract of country shall be situated, when application shall be made in writing to any one of them by five householders resident therein, shall, if by them deemed necessary, meet and proceed to lay off and form the same into a school district, issue notices for the first district meeting, and shall file the proper papers in their respective offices; and such district so organized shall be designated joint district No. -, counties of; and the boundaries of such district shall not be altered except by the joint action of the superintendents of the several counties represented in said district: Provided, That if in the alteration of, or refusal to alter, the boundaries of any joint school district, any person or persons shall feel aggrieved, such person or persons may appeal to the state superintendent of public instruction, and notice of such appeal

SEC. 27. Officers elected at first district meeting hold only until the next annual election. SEC. 29. It is held that appeals should be taken to the State Superintendent, in the case of the formation, as well as alteration, of joint school districts.

shall be served on the superintendents of the several counties represented in said district within ten days after the rendition by them of the decision appealed from, which notice shall be in writing, and shall state fully the objections to the action of the county superintendent, and a copy thereof shall be filed with the state superintendent of public instruction; and it shall be the duty of the county superintendent in whose possession are the papers connected with the action appealed from to transmit the same to the state superintendent of public instruction, immediately upon being served with notice of appeal, as hereinbefore presented; and thereupon the state superintendent of public instruction shall fix a time for the hearing of said appeal, and notify the several county superintendents interested, and the appellants, thereof; and his decision on said appeal shall be final, and shall be by him certified to the several county superintendents interested, and they shall take action in accordance therewith: And provided further, That each joint district, except in matters relating to the alteration of the boundaries thereof, shall be under the jurisdiction and control of the superintendent of that one of the counties represented in such district which has the largest amount of territory embraced within the boundaries of such joint district.

Division of Property.-SEC. 30. [Laws 1876, Ch. 122, Art. 3, Sec. 4.] When a new district is formed, in whole or in part, from one or more districts possessing a school house or entitled to other property, the county superintendent, at the time of forming such new district, shall equitably determine the proportion of the present value of such school house, or other property justly due to said new district. Such proportion, when ascertained, shall be levied by the district board of the district retaining the school house or other property, upon the taxable property of the district, and shall be collected in the same manner as if the same had been authorized by a vote of the district for building a school house, and when collected shall be paid to the treasurer of the new district, to be applied towards procuring a school house for such district.

SEC. 30. For the division of school property under the provisions of this section, the following rules are recommended, viz.:

1ST RULE, To be applied in dividing school property which has been procured with the proceeds of district taxes:

First: Find the assessed valuation of the taxable property of the undivided district as returned on the last assessment roll of the county.

Second: Find, in like manner, the assessed valuation of the taxable property of the territory which is to be cut off, and which does not retain the school property.

Third: Find the present value of the school property of the undivided district, including moneys raised from district taxes and remaining in the treasury at the time the division is made, after discharging all indebtedness payable out of such moneys.

Fourth: Multiply the present value of the school property by the assessed valuation of the territory which is to be cut off. The product divided by the assessed valuation of the undivided district gives the amount due to the territory which is to be cut off.

2

Aggrieved Persons.-SEC. 31. [Laws 1876, Ch. 122, Art. 3, Sec. 5.] If, in the formation or alteration of, or refusal to form or alter school districts, any person or persons shall feel aggrieved, such person or persons may appeal to the board of county commissioners, who shall confer with the county superintendent, and their action shall be final: Provided, That notice of such appeal shall be served on the county superintendent within ten days of the time of posting of the notices of the formation or alteration of such district; such notice shall be in writing, and shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts affected by such alteration: And provided, also, That such appeal shall be heard and decided by the majority of the board of county commissioners at their next regular meeting; and if such appeal is not sustained by them, the county superintendent shall proceed to appoint the time and place for said first district meeting, which shall then proceed as by law required.

Annual and Special Meetings.-SEC. 32. [Laws 1876, Ch. 122, Art. 3, Sec. 6.] An annual meeting of each school district shall be held on the second Thursday of August of each year, at the school house belonging to the school district, at two o'clock P. M. Notice of the time

and place of said annual meeting shall be given by the clerk, by posting written or printed notices in three public places of the district at least ten days before said meeting. Special meetings may be called by the district board, or by a majority of the legal voters of the district, but

2D RULE, To be applied in dividing such school property as consists of moneys received by the undivided district from the state and county school funds:

First: Find the number of children of school age residing in the undivided district, as given in the last annual report of the clerk of the district.

Second: Find, in like manner, the number of children of school age residing in the territory which is to be cut off, and which does not retain the school property.

Third: Find the amount of state and county school moneys remaining in the treasury of the undivided district at the time the division is made, after discharging all indebtedness for teachers' wages. Fourth: Multiply the residue of state and county school moneys by the number of children residing in the territory which is to be cut off. That product divided by the number of children of school age residing in the undivided district, gives the amount of state and county school moneys due to the territory which is to be cut off.

The county superintendent of public instruction should make the division of school property at the time of forming a new school district, but his failure to do so at that time does not impair the rights of said district. Within a reasonable time after the organization of a new district, aggrieved parties may demand of him that he make an equitable division of the school property of the original district. Should he neglect or refuse to grant their request, they may, by mandamus, compel him to do so. If an unfair division is made by the county superintendent, either party has a right to appeal to the courts and have the matter adjudicated. If after the division has been made, the officers of the district retaining the school house or other property shall neglect or refuse to levy the tax mentioned in this section, they can be compelled by mandamus to make the levy.

When a new district has been formed, and the county superintendent has determined the amount due the new district from the old, the district retaining the school house cannot issue bonds with which to pay the sum due, but must levy a tax as is provided for in this section.

SEC. 31. See note on section 29.

notice of such special meeting, stating the purpose for which it is called, shall be posted in at least three public places within the district ten days previous to the time of such meeting.

Special Meeting.-SEC. 33. [Laws 1876, Ch. 122, Art. 3, Sec. 7.] Whenever the time for holding an annual meeting in any district shall pass without said meeting being held, the clerk, or, in his absence, any other member of the district board, within twenty days after the time for holding said annual meeting shall have passed, may give notice of a special meeting by putting up written notices thereof in three public places within the district, at least five days previous to the time of meeting; but if such meeting shall not be notified within twenty days as aforesaid, the county superintendent may give notice of such meeting in the manner provided for forming new districts; and the officers chosen at such special meeting shall hold their offices until the next annual meeting, and until their successors are elected and qualified.

Notice of Meetings.-SEC. 34. [Laws 1876, Ch. 122, Art. 3, Sec. 8.] It shall be the duty of the clerk to give at least ten days' notice previous to any annual or special district meeting, by posting up notices thereof at three or more public places in the district, one of which notices shall be affixed to the outer door of the school house, if there be one in the district, and said clerk shall give the like notice of every adjourned meeting, when such meeting shall have been adjourned for a longer period than one month. Every notice for a special district meeting shall specify the objects for which such meeting is called, and no business shall be acted upon at any special meeting not specified in said notice. Qualified Voters.-SEC. 35. [Laws 1876, Ch. 122, Art. 3, Sec. 9.] The following persons shall be entitled to vote at any district meeting : First-All persons possessing the qualifications of electors as defined by the constitution of the state, and who shall be residents of the district at the time of offering to vote at said election.

Second-All female persons over the age of twenty-one years, not subject to the disqualifications named in section second, article fifth, of the constitution of the state, and who shall be residents of the district at the time of offering to vote.

Challenge.-SEC. 36. [Laws 1876, Ch. 122, Art. 3, Sec. 10.] If any person offering to vote at a school-district meeting shall be challenged as unqualified by any legal voter, the chairman presiding shall declare to

SEC. 32. This section fixes the time and place of holding the annual meeting of the school district. While it is the duty of the district clerk to post the notices of the meeting provided for in the section, a failure to do so will not invalidate the proceedings had, should the voters convene at the proper time and place, and transact the business mentioned in sections 37 and 38 of this article. However, should the district clerk, for any reason, fail to post the notices at the proper time, he should do so as soon thereafter as possible before the second Thursday of August.

the person challenged the qualifications of a voter, and if such challenge be not withdrawn, the chairman, who is hereby authorized, shall tender to the person offering to vote the following oath or affirmation: "You do solemnly swear (or affirm) that you are an actual resident of this school district, and that you are qualified by law to vote at this meeting." Any person taking such oath or affirmation shall be entitled to vote on all questions voted upon at such meeting.

Powers of District Meetings.-SEC. 37. [Laws 1876, Ch. 122, Art. 3, Sec. 11.] The inhabitants qualified to vote at a school meeting, lawfully assembled, shall have power:

First-To appoint a chairman to preside over said meeting in the absence of the director.

Second-To adjourn from time to time.

Third-To choose a director, clerk, and treasurer, who shall possess the qualifications of voters.

Fourth-To designate, by vote, a site for the district school house. Fifth-To vote a tax annually, not exceeding one per cent. on the taxable property in the district, as the meeting shall deem sufficient, to purchase or lease a site: Provided, When not included within the limits of a town or village, said site shall not contain less than one acre; and to build, hire or purchase such school house, and to keep in repair and furnish the same with the necessary fuel and appendages.

Sixth To vote a direct tax annually, not exceeding one per cent. of the taxable property in the district, for the pay of teachers' wages in the district.

Seventh-To authorize and direct the sale of any school-house site, or other property belonging to the district, when the same shall no longer be needful for the use of the district.

Eighth-To give such direction and make such provisions as may be deemed necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party.

School Term.-SEC. 38. [Laws 1876, Ch. 122, Art. 3, Sec. 12.] The qualified voters at each annual meeting, or any special meeting duly called, may determine the length of time a school shall be taught in their district for the then ensuing year, which shall not be less than three months, and whether such school shall be taught by a male or female teacher, or both, and whether the school money to which the district may be entitled shall be applied to the support of the summer or winter term of the school, or a certain portion to each; but if such mat

SEC. 37. A tax may also be levied for the purpose of purchasing a district library. See Article VIII, section 113.

SEC. 38. The electors, at the annual or a special meeting, have no power to determine who shall or shall not be employed as teacher, or the compensation such teacher shall receive. These are questions to be determined by the district board.