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study, and the date of issue and expiration of each certificate granted. He shall keep a register of the teachers employed in his county, giving name of teacher, number of the district in which he is employed, dates of opening and closing term, salary per month, grade of certificate, and date of superintendent's visit. He shall keep a record of the semiannual apportionments of the state and county school funds, and such other statistical records as shall be required in making reports to the state superintendent of public instruction. He shall make out and transmit to the state superintendent, on the last Monday of March, June, September and December of each year, a report, showing the number of school visits made, with the average length of time spent in such visits; the number of consultations held with school officers; the number of days his office has been kept open; the number of district treasurers' an clerks' record books examined; the number of teachers' meetings attended; the number of public lectures delivered; and such other information as the state superintendent may require regarding the duties of such county superintendent; and until such report shall have been forwarded to the state superintendent, and a copy thereof filed with the county clerk for publication, and that fact certified by the said countý superintendent to the board of county commissioners, the warrant for his salary shall not be drawn. The county superintendent shall obtain from the county clerk, at least ten days before the time for holding the annual school meeting each year, a certified statement of the total assessed valuation of the property in each school district in his county, and immediately certify the same to the several school-district clerks of his county, for the information of the annual school meeting; and it is hereby made the duty of said county clerks to make out said certified statement, and deliver the same to the county superintendent.
Apportionment of School Funds.—SEC. 14. [Laws 1881, Ch.152, Sec. 3.] Within five days after receiving the certificate of the state superintendent of public instruction, informing him of the amount of state school fund which has been apportioned to his county, the county superintendent shall apportion the same, together with the unapportioned county school fund in the county treasury, among the school districts and parts of districts in such county, in the ratio of the number of per
SEC. 14. A district must not only have had a common school taught at least three months during the school year ending July 31st; it must also have made through its district clerk, the requisite annual report for the school year in time to be included in the annual report of the county superintendent, or the county superintendent cannot legally apportion to the district a share of the next ensuing February and August dividends of the state and county school funds. In apportioning these funds the county superintendent must be governed not only by the proviso regarding the length of school term, but also by the number of children of school age residing in the several districts of the county, "as the same shall appear from the last annual reports of the clerks of the respective districts.” For purposes of apportionment, it is only from the annual report of the clerk of a district that the county superintendent can legally know the number of children of school age residing in the district.
sons of school age residing in each district or part of district, as shown by the last annual reports of the several clerks of such districts and parts of districts: Provided, That no district in which a common school has not been taught at least three months the last preceding school year shall be entitled to receive any portion of either of said funds; and he shall draw his order on the county treasurer in favor of each of the several school-district treasurers for the amount apportioned to such district.
School District Boundaries.Sec. 15. [Laws 1881, Ch. 152, Sec. 4.] It shall be the duty of the county superintendent of public instruction, on or before the fourth Monday of July of each year, to furnish the clerk of his county a description of the boundaries of each and every school district and part of district in such county.
Annual Report.-SEC. 16. [Laws 1881, Ch. 152, Sec. 5.] He shall, on or before the fifteenth of October of each year, make out and transmit in writing to the state superintendent of public instruction a report bearing date October 1st, containing a statement of the number of school districts or parts of districts in the county, and the number of children and their sex, resident in each, over the age of five and under the age of twenty-one years; a statement of the number of district schools in the county, the length of time a school has been taught in each, the number of scholars attending the same, their sex, the branches taught and the text-books used, the number of teachers employed in the same, and their sex; a statement of the number of private or select schools in the county so far as the same can be ascertained, and the number of teachers employed in the same, their sex, and the branches taught; a statement of the number of graded schools in the county, the length of time school has been taught in each, and the number of scholars attending the same, their sex, and the branches taught, the number of teachers employed in the same, and their sex; a statement of the condition of the normal school, where such school has been established, the number of students attending the same, their sex, and the number of teachers employed in the same, and their sex; a statement of the county normal institute; a statement of the number of academies
In the case of the organization of a school district out of a part of the territory of another which is entitled to a portion of the state and county school funds, the newly-formed district should be apportioned its just share of the funds to which the original district would have been entitled. If the division of the district was made before the time of making the annual report, the report of the new district should show the number of children resident of the territory detached from the old district; so that this apportionment may be made upon official returns. If the new district was organized after the time of making the annual report, the officers of the former district should be directed to pay to the treasurer of the new district that portion of the funds to which the children residing upon the detached territory entitle said district.
SEC. 16. The annual reports of county superintendents constitute the basis on which the state superintendent disburses the semi-annual dividends to the several counties. If any county superintendent, therefore, fails to make his annual report, as required by law, the county loses its share of the state school fund, and the county superintendent becomes responsible to the county for the amount.
and colleges in the county, and the number of students attending the same and their sex, the number of teachers employed in each, and their sex; a statement of the amount of public money received in each district or parts of districts, and what portion of the same, if
has been appropriated to the support of graded schools; a statement of the amount of money raised in each district by tax and paid for teachers' wages, in addition to the public money paid therefor; the amount of money raised by tax or otherwise for the purpose of purchasing school site, for building, hiring, purchasing, repairing, furnishing, or insuring such school house, or for any other purpose allowed by law, in the district or parts of districts.
Compensation.--Sec. 17. [Laws 1881, Ch. 152, Sec. 6.] The county superintendent of public instruction in counties containing one thousand and not more than twelve hundred persons, between the ages of five and twenty-one years, shall receive four hundred dollars per annum; in counties having a school population of from twelve hundred to fifteen hundred, he shall receive five hundred dollars per annum; and in counties containing more than fifteen hundred persons of school age, he shall receive five hundred dollars, and twenty dollars for each additional one hundred such persons per annum; in counties having a school population of less than one thousand, the county superintendent shall receive three dollars for each day actually and necessarily employed in the discharge of the duties of his office, for a number of days not to exceed one hundred in any one year, which compensation shall be payable quarterly, on the order of the board of county commissioners: Provided, That no county superintendent shall receive to exceed one thousand dollars per annum, and that in determining the salaries of county superintendents, the school population of cities of the first and second class shall not be included.
Vacancy in Board.-Sec. 18. [Laws 1881, Ch. 152, Sec. 7.] Should a vacancy occur in the board of directors of any school district, it shall be the duty of the county superintendent to appoint some suitable person, a resident of the district, to fill the same, and the person so appointed shall continue in office until the next annual meeting thereafter, and until his successor is elected and qualified.
Vacancy in Office of County Superintendent.-SEC. 19. [Laws 1881, Ch. 152, Sec. 8.] When a vacancy occurs in the office of county superintendent of public instruction, by death, resignation or otherwise,
Sec. 17. "School population” is held to mean the enumeration taken annually by school district clerks for the annual report. Such enumeration for each year should constitute the basis for the su. perintendent's salary for the next year, beginning January 1.
SEC. 18. No petition is required.
notice thereof shall be given by the county clerk to the board of county commissioners, who shall as soon as practicable appoint some suitable person to fill the vacancy, and the person receiving such appointment shall, before entering upon the discharge of the duties of the office, file his oath or affirmation and bond in the county clerk's office as hereinbefore provided, and shall hold his office until his successor is elected and qualified.
Clerks' Reports.-SEC. 20. [Laws 1881, Ch. 152, Sec. 9.] He shall see that the annual reports of the clerks of the several school districts and parts of districts in his county are made correctly and in due time.
Oaths.-SEC. 21. [Laws 1881, Ch. 152, Sec. 10.] County superintendents shall have power to administer oaths in all cases in which an oath is made necessary by any provisions of the school law, except in the qualifying of county superintendents and their sureties.
Purchase of Records.-SEC. 22. [Laws 1881, Ch. 152, Sec. 11.] The county superintendent of public instruction of the respective counties in this state may purchase for each organized school district in his county not having sufficient records, one set of school-district records, consisting of district clerks' records and order books, district treasurer's book, and a teachers' daily register. Each of said books shall contain such printed forms and instructions as will enable the teacher and the school-district officers to perform with correctness and accuracy their several duties as required by law: Provided, The entire set of said records as above enumerated shall not exceed in cost four dollars for each set; and the said superintendent shall draw. his order or warrant on the county treasurer, in favor of the person he purchases said books of, for the amount of the purchase-money, and it is hereby made the duty of said county treasurer to pay said warrant or order out of any money in his hands belonging to the respective districts in his county: Provided, That no funds in the hands of the county treasurer belonging to the several school districts in his county shall be diverted from the object for which said fund was raised, and the said superintendent shall deliver the said books to the district board of each district.
Forming and Changing Districts.Sec. 23. [Laws 1881, Ch. 152, Sec. 12.] It shall be the duty of the county superintendent of public instruction to divide the county into a convenient number of school districts, and to change such districts when the interests of the inhabitants
SEC. 22. There is no warrant of law for purchasing and holding supplies of record books to be delivered to districts as they may be needed. The purchase should be made directly for each district, and warrant drawn against moneys credited to that district on the books of the county treasurer.
SEC. 23. It is very desirable that the people concerned should be consulted, and the arguments on both sides carefully considered, before making important changes. Alter a district has issued bonds to build or purchase a school house, alterations should be discouraged until the bonds are paid, except in
thereof require it, but only after twenty days' notice thereof, by written notices posted in at least five public places in the district to be changed; but no new school district shall be formed containing less than fifteen persons of school age, no district shall be so changed as to reduce its school population to less than fifteen, and none having a bonded indebtedness shall be so reduced in territory that such indebtedness shall exceed five per cent of their assessed property valuation : Provided, That any person interested may appeal to the board of county commissioners from the action of the county superintendent. Such superintendent shall number school districts when they are formed, and he shall keep in a book for that purpose a description of the boundaries of each school district and part of district in his county, with plat of the same, date of organization, date and full record of all changes of boundaries, and a list of district officers in his county, the date of election or appointment, and the time the term of each is to expire.
Notice of First Meeting.-SEC. 24. [Laws 1881, Ch. 152, Sec. 13.] Whenever a school district shall be formed in any county, the county superintendent of public instruction of such county shall within fifteen days thereafter prepare a notice of the formation of such district, describing its boundaries and stating the number thereof. He shall cause the notices thus prepared to be posted in at least five public places in the district, and in case there shall be no appeal, shall in ten days thereafter in like manner appoint a time and place for a special district meeting, for the election of officers and the transaction of such business as is prescribed by law for special school-district meeting.
Other Duties.-SEC. 25. [Laws 1881, Ch. 152, Sec. 14.] He shall discharge such other duties as may be prescribed by law, and in cases of sickness or temporary absence he may employ a deputy. He shall deliver to his successor, within ten days after the expiration of his term of office, all books and papers appertaining to his office.
Neglect or Refusal to Perform Duty.--SEC. 26. [Laws 1881, Ch. 152, Sec. 15.] Every county superintendent who shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be liable on his official bond for all damages occasioned thereby, to be recovered in the name of the state for the benefit of the proper party, district or county.
cases where imperative necessity demands a change. The object should be, to establish strong and permanent districts. It is better for a youth to walk double the distance to a good school, than to have a poor school near his door.
In changing district boundaries, five notices, posted for twenty days preceding, must be given to each district affected. Appeals need not be made from the contemplated action cutlined in the twentyday notices, but must be taken within ten days from the actual change made.