and the other two shall be appointed by the State board every two years. County commissioners shall furnish said county board with a suitable office and supply the same with furniture, fuel, lights, stationery, postage, and other incidentals necessary to the proper transaction of official business. The two members of said county board appointed by the State board shall receive as compensation $3 per day when employed (not to exceed seven days) and 5 cents per mile traveled in such public service, except that in counties having more than 50,000 population, per census of 1900, said members shall be compensated for not less than seven nor more than twenty days. The county board shall constitute an advisory body with whom the county superintendent may consult when in doubt as to his official duty, and shall decide local controversies relating to school law; but either party may appeal to the State board. The county board shall meet at least twice a year, times and places to be appointed by State board. Other duties and powers are: To examine applicants for teachers' certificates; divide their counties into school districts, and appoint three trustees for each district; levy an annual tax of 3 mills on the dollar, and apportion same, when collected, among the several school districts of their respective counties.

School districts.-County boards of education shall divide their counties into convenient school districts, in area from 9 to 49 square miles, and shall alter lines and create new districts from time to time as school interests may demand; but no new district shall be formed except upon petition of at least one-third of the qualified voters within such new territory, and no districts shall be consolidated except upon petition of at least one-third of the qualified voters of same. Territory lying within two or more counties may be united in one school district by joint action of the several county boards. Every such school district is a body politic and corporate for school purposes.

Trustees. The county board, on the first Tuesday in July of each even year, shall appoint for each school district in their county three trustees from the qualified electors and taxpayers residing therein, to hold office two years. The trustees shall have the management and control of local public school interests, subject to the supervision of the county board, and shall visit each school in their district at least once in every school term. They shall hold a regular session at least two weeks before the commencement of any or every school term, and a special session upon call of the chairman or any two members. They are empowered to sell any school property, real or personal, within their district whenever they deem it expedient to do so, and apply proceeds to the district's school fund; but they shall first secure the consent of the county board, and within thirty days after such sale they shall report to county board terms and amount of same. All claims against a school district chargeable to the public school fund must be signed by at least a majority of the trustees. Other powers and duties of trustees are: To provide suitable schoolhouses, and make same comfortable; employ teachers from among those having certificates from their county board, fix their salaries, discharge them for sufficient cause, and may impose any additional examinations or qualifications they deem proper before or after employing teachers; suspend or dismiss pupils when necessary; call meetings of voters for consultation in regard to school interests; care for and control school property; may cross all bridges or ferries free of charge when on official business. It shall be unlawful for any school trustee to be pecuniarily interested in any contract with the school district of which he is a trustee, and no teacher shall be employed by a board of trustees who is related to a member of said board by consanguinity or affinity within the second degree, without the written approval of the county board and the written request of a majority of the parents or guardians of the children attending such school.

2. TEACHERS.

Certificates-Employment and dutics-Institutes.

Certificates.-The county board shall examine all candidates for the position of teacher, and give to each person found qualified a certificate setting forth the branches such teacher is capable of teaching and the percentage attained in each branch, said certificate to be valid for two years unless sooner revoked, and may be renewed with or without examination, at the discretion of the county board. The county superintendent shall keep a register of the name, age, sex,

color, residence, and date of certificate of each person to whom a certificate is issued, and in case a certificate shall be canceled shall make a proper entry of same. The county board may revoke any certificate granted by them, for immoral or improper conduct or evident unfitness for teaching. The trustees of any school may impose any additional examinations and qualifications they may deem proper before or after employing a teacher. No examination as to qualification shall be made in the case of any applicant who produces a full diploma from any chartered college or university of the State, or Memminger Normal School, of Charleston, and furnishes satisfactory evidence of good moral character. The State board may grant State teachers' certificates and revoke same for cause.

Employment and duties.-The trustees employ teachers from among those having certificates from their county board, fix their salaries, and may discharge them for sufficient cause. The teacher or principal of every school shall keep and furnish annually to the trustees a list of all pupils that have attended school during the preceding scholastic year, showing name and residence of each pupil and number of days each attended. At the expiration of each school month each teacher shall make out and file with the clerk of the board of trustees a complete report of the whole number of pupils admitted to the school during the month (distinguishing between male and female), average attendance, branches taught, number studying each branch, and such other statistics as may be required by the county board of education. (See also Organization-Trustees, last sentence.)

Institutes. Out of the surplus remaining of the net income accruing from the sale of liquors under the dispensary law, after equalizing deficiencies existing in the several counties and districts (see Finances-Revenue from sale of liquors), $5,000 a year shall be appropriated for the purpose of maintaining institutes for the better instruction of the teachers of the public schools, same to be paid on the warrant of the governor and the State superintendent of education. (See also Organization-State superintendent; County superintendent.)

3. SCHOOLS.

Attendance-Studies-Text-books-Buildings and grounds.

Attendance.-It shall not be lawful for any person who is less than 6 nor more than 21 years of age to attend the public free schools of this State, nor for pupils of one race to attend schools provided by trustees for pupils of another race, The school year begins July 1 and ends June 30, and each school shall be kept open for a period of at least three months in each and every year. When pupils are so situated as to be better accommodated at the school of an adjoining district, the board of trustees of the district where they reside may transfer them to the more convenient district. Transfers shall not be made from one county into another without the consent of both county boards, but anyone paying taxes in two or more counties may send his children to school in either county.

Studies. The county board of education and boards of trustees shall see that in every school under their care there shall be taught, as far as practicable, orthography, reading, writing, arithmetic, geography, English grammar, the elements of agriculture, history of the United States and of South Carolina, principles of the Constitution of the United States and of South Carolina, morals and good behavior, algebra, English literature, physiology and hygiene with special reference to the effects of alcoholic drinks and narcotics, and such other branches as the State board may from time to time direct.

Text-books. It shall be the duty of the State board of education to prescribe and to enforce as far as practicable the use of a uniform series of text-books in the free public schools of the State, to enter into an agreement with the publishers of the books prescribed, fixing the period of prescription, the price above which the books shall not be retailed during said period, and a rate of discount at not less than which the books shall be furnished to the retail dealers. Board may require contracting publishers to establish one or more depositories in each county, at places to be designated by board; publishers shall give bond in a sum of not more than $5,000, with a penalty of $25 for each violation of the agreement, such bond to be approved by the attorney-general. State board shall not have power to change a book within five years of the date of its

adoption without permission of the general assembly, except for violation of agreement by the publisher. No teacher shall be allowed to use any book not so prescribed except by written consent of the State board. Whenever it shall appear to trustees that any patron of their school is unable by reason of poverty to purchase the necessary books for his or her children, said trustees may purchase such books and loan same to such children under such regulations as trustees may prescribe, the sum thus expended not to exceed 5 per cent of the school fund of the district for any year.

Buildings and grounds.—(See Organization--Trustees.)

The third Friday in November shall be duly observed as arbor day.

4. FINANCES.

Revenue from sale of liquors-County tax-District tux.

Revenue from sale of liquors.-All net income derived from the sale of liquors under the dispensary law shall be apportioned among the various counties of the State for the benefit of the common schools, in proportion to the deficiencies existing after the application of the 3-mill tax and the poll tax; and if there shall be a surplus remaining of such net income after such deficiencies shall have been equalized, it shall be devoted to public school purposes and be apportioned among the counties in proportion to enrollment in the public schools as shall appear by the report of the State superintendent for the next preceding scholastic year, and be distributed among the school districts and disbursed as other school funds (but see Teachers-Institutes). In determining whether any deficiency exists in any district for the purpose of distributing the said fund, the comptroller-general shall make his estimate upon the basis of an allowance out of the 3-mill tax and poll tax to each school in every district the sum of $75 for the expense of a term of three months.

County tax.--The county board of education of each county shall levy an annual tax of 3 mills on the doilar upon all taxable property in the county, to be collected as other taxes, and on the 1st day of July each year, or, as soon as practicable thereafter, the said fund shall be apportioned by the county board among the several school districts of their county in proportion to the number of pupils enrolled in the public schools therein; and the county board shall ascertain the amount of poll taxes collected in and for each school district, and notify the county treasurer and the trustees of each school district of the amount of poll taxes, as well as the amount of the aforesaid fund apportioned by them. For the purpose of said apportionment pupils shall not be deemed enrolled until after an attendance of at least ten school days during the preceding scholastic year. The school funds of each district shall be expended by the board of trustees for the best interests of the district, on their warrant approved by the county superintendent.

District tax. The school districts of the several counties are the divisions for taxation for all school purposes. The voters of any school district who return property for taxation are authorized to levy and collect an annual supplemental school tax not to exceed 4 mills on the dollar, determined as follows: Upon petition of at least one-third of the resident voters and a like proportion of the resident freeholders of the age of 21 years being filed with the county board of education asking for such levy and stating the rate of tax proposed, said county board shall order the board of trustees of such school district to hold an election, at which only such electors as return real or personal property for taxation may vote; and if a majority shall vote for such levy, the said trustees shall furnish the county auditor with a statement of the amount so levied, and the auditor shall enter the same in the tax duplicates, and the County treasurer shall collect the same as other county and State taxes. Such levy shall be a lien on the property in such school district. Each taxpayer when he pays such tax may designate to which school in said district the money paid by him shall go, but when no designation is made by the taxpayer at the time of payment the money shall be expended as other school funds, Poll tax shall be expended for school purposes in the district from which it is collected.

SOUTH DAKOTA.

1. ORGANIZATION OF THE SYSTEM.

State superintendent-County board-County superintendent-District school board-City board of education.

State superintendent.-There shall be elected biennially a superintendent of public instruction, who shall be charged with the general supervision of all the county schools and the high schools and of all the city and county superintendents of the State. He shall meet the county superintendents at least once a year, prescribe rules for, attend, and assist at teachers' institutes, as far as consistent with his other duties, render a written opinion to any county superintendent asking it touching the administration of school law, and determine cases appealed to him from the county superintendents. He shall be provided with an office at the seat of government, where the records and other accumulations of his department shall be kept open to the governor or committees of either branch of the legislature. All books presented to his office or purchased therefor shall be catalogued and preserved for use of teachers of the State. He shall print and distribute blank forms, make a biennial report to the governor, prepare examination questions, may appoint a deputy, at $1,500 per annum, shall appoint the institute conductors and convene them in annual session, and may grant life diplomas and State first-grade and second-grade certificates after holding examinations. His compensation shall be fixed by law, and in addition he shall receive $500 for traveling expenses.

County board of education.-(See Schools-Text-books.)

County superintendent.-There shall be elected biennially a county superintendent of schools, who shall have the general supervision of the schools of his county. He shall visit each school in the county at least once annually, rectifying the government, instruction, and classification of the schools; at least once each year examine the records and accounts of the district school officers; encourage county normal institutes and district institutes, holding a county institute annually; require the district school officers to assemble annually for the purpose of discussing questions relative to their powers and duties; examine persons applying for positions in the schools and grant special first, second, and third grade certificates and regular third-grade certificates to those qualified; report the school census to the commissioner of school and publie lands; annually report to the superintendent of public instruction a full abstract of the reports made to himself by the district officers; apportion school money; and he shall hold no other office.

He shall give bond, with two sureties, in the sum of $500; may provide and furnish at county's expense an office at the county seat, where the accumulations of his department shall be kept, and shall receive a salary ranging between $200 and $1,500, to be determined on a basis of property valuation and population. Vacancy in the office is to be filled by the county commissioners. Failure to report to the State superintendent subjects the county superintendent to a fine of $100 and liability to damages caused by his neglect.

District school board.-in all counties organized for school purposes under the district system each school district shall be and remain a district school corporation, and each civil township in every county in the State not organized for school purposes under the district system is constituted a district school corporation. Any township district may be subdivided by vote.

In every district a majority of the electors shall have authority to instruct the district school board concerning the management of the school and to levy taxes for the maintenance of the same.

There shall be elected annually one member of a district school board of three persons, who are to be styled, respectively, chairman, clerk, and treasurer. Boards shall hold regular meetings annually, though special meetings may be called.

The board shall have the general charge, direction, and management of the school or schools of the district, which they shall organize, maintain, and conveniently locate, and for which they shall employ teachers.

Township high schools may be established.

City boards of education.—When any city or town is divided into wards, there shall be elected annually a board of education consisting of two members from each ward and one at large, each to serve two years, one-half the board retiring

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.

2. TEACHERS.

Appointment, qualifications, and duties-Preliminary training—Institutes.

Appointment, qualifications, and dutics.-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 intimate 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 normal 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

ED 1904 M-31