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and fifty cents to the county superintendent, one dollar of which shall go to the teachers' institute fund to be used by him in support of teachers' institutes as provided by law, and fifty cents of said fee shall be used by the superintendent of public instruction as hereinafter provided. It shall be the duty of the county superintendent immediately after each examination to forward fifty cents for each applicant for a teacher's county certificate at such examination to the superintendent of public instruction, such sums to be used by him as hereinafter provided. Each applicant for a professional state certificate shall pay one dollar to the superintendent of public instruction, to be used by him as hereinafter provided.

6866 Sec. 167. Certificates-registration. Each holder of an elementary or second grade state certificate, or a first grade state certificate or a professional state certificate good for life shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which fee shall go into the institute fund of such county.

The above state certificates, when used simply as credentials for securing city state certificates, need not be registered in the office of the county superintendent.

6867 Sec. 168. Fees application. For the purpose of carrying out the provisions of this article, the superintendent of public instruction is hereby authorized to use all fees that may come into his hands as provided herein and also such amount from the appropriations for his office expenses as may be necessary for the payment of the state examining committee and clerical assistance as herein provided for the preparation of examination questions and for the reading of all teachers' answer papers, and work and expenses connected therewith. Provided, if the fees received by the superintendent of public instruction shall be in excess of the amount necessary for payment of the state examining committee and clerical assistance and other expenses connected with such examinations, such excess shall be returned to the respective county superintendents pro rata according to the amount received from each county, and the amounts so returned shall go into the institute funds of such counties.

The superintendent of public instruction shall make a semi-annual statement to the governor of all moneys received by him for such fund and of all moneys disbursed by him from such fund, and also a statement showing how much money, if any, he shall have found necessary to use from the appropriations for his office expenses in carrying out the provisions of this article.

6868 Sec. 169. High school teacher's certificate, qualifications.-No person shall be eligible to teach in the high school department of any high school district or in the high school department of any city school district in this state who is not a graduate from a regular four-year course of a college or university, or a graduate from the advanced course of a college, university or normal school in this state authorized by law to grant teachers' certificates, or who does not hold a professional state certificate obtained from the state superintendent on examination before him or a committee appointed by him as provided by law.

6869 Sec. 170. Grade teachers in high school or city districts. No person shall be eligible to teach in the grades below the high school

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department in any high school district or in the grades below the high school department in any city school district in this state who does not hold at least a second grade county certificate issued in Nebraska.

Does not mean that a teacher must hold literally a second grade county certificate. but a certificate in every respect the equivalent of a second grade county certificate. This is a question which may be properly adjudicated by a conference between the county superin tendent and the city superintendent. In the event of their disagreement it is a question to

be referred to the state superintendent.

a

6870 Sec. 171. Qualifications. No person shall be accounted qualified teacher, within the meaning of the school law who has not a certificate in force from a county superintendent, or a city state certificate in force from a state superintendent or a certificate or diploma in force from a state normal school of Nebraska, or a certificate in force from the University of Nebraska, or a certificate in force from a normal school, college or university in Nebraska, approved by the state superintendent and authorized by law to grant certificates or a professional state certificate in force from the state superintendent of public instruction.

A proper certificate of qualification is essential to warrant a school board in paying a teacher from the public school fund. The prohibition of the statute, however, is upon the district board, and not upon the teacher; and where during a part of a term, the teacher was without a certificate, notwithstanding which payment for the time was made, in an action to recover wages due for the last month of the term, during all of which the teacher had a certifi cate; held, that the amount so paid could not be set off against what was due for the last month. (School District vs. Estes, 13 Neb., 52, 13 N. W., 16.)

Teacher may be discharged for incompetency or other sufficient cause at will of majority of board. 6 Neb., 173. Teacher employed for nine months, working eight, not teaching the nine through neglect of officers of district, held, entitled to pay for that month. 13 Neb.. 54. Cited 19 Id., 496.

Substitute teacher. A teacher has no right to place a substitute in his school without being authorized to do so by the district board. However, it would be within the authority of the district board to ratify such an action of a teacher in case of an emergency, providing that the substitute be a legally qualified teacher. A teacher under contract with a district could not properly demand of the district payment for the services rendered by a substitute appointed by him without authority. However, in case the substitute, a legally qualified teacher, were permitted, with the knowledge of the district board, to teach the school, said substitute would have a valid claim against the district for the value of the services rendered by him.

6871 Sec. 172. Monthly return to director.

Every teacher shall make

a monthly return to the director of the district of the number of pupils attending his or her school, the names and ages of each, the days attending, the studies pursued, and no teacher will be entitled to receive pay in full for a

OF THE

THE NEBRASKA SCHOOLUMWSERSITY

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term's service till the term summary is properly filed but and approved by

the director.

A rule which makes it the duty of a teacher to keep a record of the standing of each pupil in the studies pursued by him, of his attendance and deportment, to send each month by the pupil a written report of the same to his parent or guardian and which requires such parent or guardian to sign and return the same to the teacher, is a reasonable one. (Bourne vs. State, ex rel. Taylor, 35 Neb., 1, 52 N. W., 710.)

The teacher's register should be approved by the director at the close of each month; and an order for the pay of the teacher should not be drawn until the register has been submitted to and approved by the director. A duplicate of the classification record and term sum

mary should be forwarded to the counry superintendent at the close of each term.

A teacher who fails or neglects to make out a report ought not to be allowed to teach, and should have his certificate revoked.

6872 Sec. 173. School month. In the absence of any agreement between the director and teacher to the contrary, twenty days shall constitute a school month.

Where a school teacher is employed by contract for a given number of months, and fails to perform her duties during a part of the stipulated period, through no fault of her own, but through the fault of the school officers, she being at all times able and willing to perform, she is entitled to the same compensation during such part as though she had kept the school. (School District vs. Estes, 13 Neb., 52. 13 N. W., 16.)

6873 Sec. 174. Graduates University of Nebraska or other incorporated schools of this state. All graduates of the University of Nebraska holding the degree of bachelor of arts or bachelor of science and in addition thereto certificates authorized by the board of regents showing that such graduates have completed the course of instruction prescribed by the regents and faculty of the university for the special training and instruction of teachers, and such other graduates as hold the same degrees from any college or university duly incorporated under the laws of the state of Nebraska, who, in the judgment of the state superintendent of public instruction or the state board of examiners for life certificates, have completed in their respective institutions an equivalent of the courses in the University of Nebraska for said degrees prescribed by the regents and faculty of the university, shall be accredited as qualified teachers within the meaning of the school law of this state; and all such graduates shall have equal privileges, upon equal conditions, with graduates from any and all other educational institutions within this state under the school law thereof. Such colleges shall from year to year maintain entrance requirements, degree requirements and professional study requirements equivalent to those of the University of Nebraska. Each year the state superintendent of public instruction shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that the requirements have been maintained before any certificate can be granted by such institution. Such certificates are hereby declared to be valid as first grade state certificates entitling the holders to teach in the public schools of the state of Nebraska for a period of three years from their date. Said certificates shall be signed by the · president and secretary of the board of trustees and the president or chancellor of the proper institution.

6874 Sec. 175. Same, confirmation of certificates. After three years of actual teaching, the certificates of the graduates of the University of Nebraska or of any other college or university mentioned or described in the next preceding section, shall be countersigned by the state superintendent of public instruction upon satisfactory evidence that the services of the appli

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cant have been successful, making such certificate good for life. Said countersignature may be cancelled and its legal effect annulled by the state superintendent of public instruction upon satisfactory evidence of disqualification. Such certificates shall be subject to the provisions for lapsing set forth in section 147 of this chapter.

6875 Sec. 176. College and normal graduates. When any college, university or normal school in this state shall have a course of study equal in extent and similar in subjects to the elementary course of the state normal schools, and shall have full and ample equipment and a faculty of instructors fully competent to give and who are actually giving satisfactory instruction in the branches contained in said course and equivalent to that given in the state normal schools, any graduate from such course shall be granted by the board of trustees of the proper institution a second grade certificate of the same tenor and effect as the certificate to teach issued to the graduates from the elementary course of the state normal schools. The certificate shall be signed by the president of the board of trustees and the head of the department of education of the proper institution, and the state superintendent of public instruction.

6876 Sec. 177. Same. When any college, university or normal school in this state shall have a course of study equal in extent and similar in subjects to the higher course in the state normal schools, and shall have full and ample equipment and a faculty of instructors fully competent to give and are actually giving satisfactory instruction in the branches contained in said course and equivalent to that given in the state normal schools, the graduates from such course shall be granted by the board of trustees of the proper institution a first grade state certificate of the same tenor and effect as the certificate to teach issued to the graduates from the higher course of the state normal schools. Such certificate shall be signed by the president of the board of trustees and the head of the department of education of the proper institution and the state superintendent of public instruction. After three years of actual teaching the first grade state certificates issued by any institution as set forth in this section may be countersigned by the state superintendent of public instruction upon satisfactory evidence that the services of the applicant have been successful, making such certificate good for life. Said countersignature may be cancelled and its legal effect annulled by the state superintendent of public instruction upon satisfactory evidence of disqualification. Such certificates shall be subject to the provisions for lapsing set forth in section 147 of this chapter.

6877 Sec. 178. Same defined. The determination of the question as to what institutions are entitled to the privileges set forth in the four next preceding sections, shall be in the hands of the state superintendent of public instruction or the state board of examiners for life certificates. No educational institutions shall be entitled to the privileges conferred by the two next preceding sections unless the following requirements have been fulfilled:

First. Such institution shall be incorporated under the laws of the state of Nebraska.

Second. The incorporation shall have at least fifty thousand dollars invested, or available for use in the school.

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Third. The incorporation shall employ not fewer than five teachers who shall put in full time in giving instruction in the branches of study required to be taught by the provisions of the two next preceding sections.

Fourth. The state superintendent of public instruction shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that any institution desiring recognition under said sections has fully complied with the requirements set forth herein and in the two next preceding sections.

Fifth.—The entrance requirements to the elementary and higher courses and the time required for the completion of said courses shall be the same as in the state normal schools. Each year the state superintendent of public instruction shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that the requirements have been met before any certificate can be granted by such institution.

6878 Sec. 179. Effect of alcoholic drinks.-Provisions shall be made by the proper local school authorities for instructing the pupils in all schools supported by public money, or under state control, in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics, upon the human system.

6879 Sec. 180. Same-certificate.-No certificate shall be granted to any person to teach in the public school of the state of Nebraska, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics upon the human system.

6880 Sec. 181. Teachers' institutes-when held. For the purpose of allowing teachers an opportunity to improve themselves in the art of teaching and to promote uniform methods of instruction in the public schools of the state, county teachers' institutes shall be organized and conducted annually, during the months of June, July or August, by county superintendents; provided that two or more county superintendents, with the approval of and in conjunction with the state superintendent of public instruction, may organize and conduct joint institutes at such time and place and for such length of term as they may deem practicable, in lieu of the county institute.

6881 Sec. 182. Attendance.-It shall be the duty of county superintendents and teachers to attend the institute of their county, or district, in case of joint institutes, at least one week for the purpose of comparing notes, planning and outlining the work of the current or coming school year and to study methods of school work and the science and art of teaching.

6882 Sec. 183. Expenses. For the purpose of defraying the expense of these institutes there is hereby appropriated the entire institute funds of the county or counties for which the institute is organized and conducted, or so much of said fund as may be necessary; Provided, in the case of joint institutes the expense shall be borne by the institute fund of the counties represented pro rata according to the number of teachers in attendance from each county.