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6787 Sec. 88. Title to site. The district shall not in any case build a stone or brick schooinouse upon any site, without having first obtained a title in fee to the same; and, also, that they shall not in any case build a frame schoolhouse on any site for which they have not a title in fee, without the privilege to remove the same when lawfully directed to do so by the qualified voters of the district at any annual or special meeting.

6788 Sec. 89. Payment of Money.-The district board shall apply and pay over all school moneys belonging to the district in accordance with the provisions of law regulating the same, as may be directed by the district, but no school money apportioned to any school district shall be appropriated to any other use than the payment of teachers' wages; and no part thereof shall be paid to any teacher who shall not have received a certificate as required in this chapter, before the commencement of his or her school.

6789 Sec. 90.

Care of property. The board shall have the care and custody of the schoolhouse and other property of the district, except so far as the same shall be confided to the custody of the director.

This section has given rise to much controversy, and many disputed points still remain unsettled. The following opinions seem to be well founded:

1. The schoolhouse was erected for school purposes, and cannot legally be used for any other purpose that will interfere with its use for this.

2. A room in a schoolhouse not needed for school purposes may be leased for any purpose not injurious to the school, or a detriment to the usefulness of the other parts of the building for school purposes; but the contract for such lease cannot extend beyond the close of the school year.

3. The right to determine whether a schoolhouse shall be used for other than school purposes belongs to the voters of the district when assembled in a lawful manner; but when the district has not acted on the subject the board has control until some action is taken by the district. But neither board nor district has any right to allow the schoolhouses to be used in such a way as to interfere with the school.

4. If the voters of the district wish to use the schoolhouse for meetings of various kinds there seems no good reason why they may not so use it so long as they do not interfere with the school work. The derisions of the supreme courts of Indiana, Illinois, Iowa, and many other states confirm this view. Kansas, New Jersey, and West Virginia confer upon the trustees, by statute, the right to use the house for such purposes. In the absence of any decision by our own courts, the above rulings will govern this department.

Sec. 90a. Buildings for other than school purposes.—The board of education of every school district in which is included any incorporated city or village may in its discretion permit the use of public school buildings for public assemblages under such rules and regulations as it may adopt. A majority of the qualified electors at any annual meeting in any rural school district may by resolution permit a similar use of school buildings within such district under rules and regulations which may be adopted at such annual school meeting, or in case none are adopted then under rules and regulations prescribed by the district board. The board of education may exact such rental as may be necessary to meet the expense of such meeting, restore the property and pay for extra help required. In rural school districts such rental may be fixed by resolution adopted at the annual school meeting, but in default of such provision the district board may fix the rental.


6790 Sec. 91. Vacancy in office—how created.—Every school district office shall become vacant by the death, resignation, or removal from office,


or removal from the district of the incumbent, or by his absence from the district for a continuous period of sixty days at one time.

If an officer resigns at an annual district meeting, and his resignation is accepted by the board at the meeting, the voters present may elect a successor to complete the term of office

The general rule is that the resignation of an officer should be presented to the board or the officer who has authority to fill the vacancy so created. At the time of the annual meeting the resignation of a district officer should be presented to the meeting; at any other time, to the district board.

Two members of a school board cannot of their own volition remove the other member from office. The only way to remove a school district officer is by proper action before a court of competent jurisdiction.

When a school officer resigns, and his resignation is accepted, he cannot withdraw it and again resume office.

6791 Sec. 92. Same-how filled. The board shall have power to fill by appointment any vacancy that may occur in their number, and it shall be their duty to fill such vacancy after its occurance; Provided, in case said board shall, from any cause, fail to fill such vacancy, the same may be filled by election at a special school district meeting called for that purpose, by the qualified voters present, which meeting shall be called in the same manner and be subject to the same regulations as other special district meetings.

When vacancies occur in school boards, the vacancies are filled by appointment or by election at a special district meeting. If by appointment, the appointee serves until the next annual meeting; if by special election, he serves for the remainder of the unexpired term.

6792 Sec. 93. Same-on division of district. When by a division of a district, no more than one officer is left in the old district, the county superintendent shall appoint, to fill the vacant offices, suitable persons, who shall hold their offices until the second Monday in July after the next annual meeting, and until their successors are elected and qualified.

6793 Sec. 94. Officer not interested in contract.-No school officer shall be a party to any school contract for building or furnishing supplies, except in his official capacity as a member of the board.

The spirit of section 13, subdivision 4 seems to authorize the director to furnish, under the direction of the board, in such a way as he may see fit, such supplies and repairs as are necessary for the proper maintenance of the school. It seems equally clear that the statutes give the district board no authority to make extensive repairs or to incur large or unusual expenses without the consent of the district meeting. Any action of public officers is voidable if vitiated by fraud. When school district officers employ each other for services to the district involving pecuniary profit, the transaction bears on its face a strong suggestion of collusion and fraud which presumption, however, may be overcome by competent evidence of good faith.

6794 Sec. 95. Water closets. It shall be the duty of school district boards to provide on every schoolhouse site, and keep in good repair and in clean and healthful condition, at least two separate water closets or privies, ocated on those portions of the site farthest from the main entrance to the schoolhouse, and as far from each other as the surrounding condition will permit; Provided, where adequate and separate interior closets are provided and maintained in good repair and healthful condition, the foregoing condition of this section shall not apply.

6795 Sec. 96. School district library. The school board or school trustees of every school district within this state may at its discretion set aside annually from the general funds collected for the use of the district the sum of ten cents per pupil as shown by the total number of pupils within the school


district at the last annual school census. The amount so set aside shall be known as the district library fund, and shall be by the school board or school trustees of such district annually invested in books other than the regular text books, which books so provided, shall be suitable for the district school library.

6796 Sec. 97.

Same-care-rules. The school boards or school trustees shall provide for the care of such library at the schoolhouse and shall prescribe the rules and regulations under which it shall be used by the district.

6797 Sec. 98. Support of school library.—By direction of the school board or board of trustees of any school district in which a free public library is maintained and to the support and extension of which a sum not less than three hundred ($300) dollars is expended annually, the two next preceding sections shall be inoperative.

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6798 Sec. 99. District board. Any district containing more than one hundred and fifty children, between the ages of five and twenty-one years, may elect a district board consisting of six trustees; Provided, The district shall so determine at an annual meeting by a vote of a majority of the voters attending such meeting. When such change in the district board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees for the term of one year, two for the term of two years, and two for the term of three years, and annually thereafter two trustees shall be elected, whose term of office shall be three years, and until their successors shall have been elected and qualified.

After a school district has once been legally organized under subdivision 6 of the School Laws, the mere fact that the enumeration of pupils falls below 150 would not of itself destroy the organization as a high school district.

In the formation of a high school district, it is necessary to re-organize and elect an entire new set of trustees.

The change from a primary to a high school district can be made only by a vote at the annual district meeting.

The change from a high school district back to a primary district follows the same rules as from the primary district to the high school district and can only be made at the annual meeting.

The official terms of the old board expire on the second Monday of July following the election of the new board of trustees. 17 Neb., 556.

6799 Sec. 100. Officers of board. Within ten days after their election, such trustees ahall file with the directors a written acceptance of the office to which they have been elected, and shall annually elect from their own number a moderator, a director and a treasurer, and for cause may remove the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary


school districts in this state, except as hereinafter provided. The trustees shall have power to fill any vacancy that may occur in their number until the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual report shall appoint such officers from the members of said trustees.

In a board of six members it requires the affirmative vote of four members to elect teachers, fill vacancies in the membership of the board and make any appropriation of money.

6800 Sec. 101. Powers of trustees.-The trustees shall have power to classify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in the district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admission to such schools; to employ all teachers necessary for the several schools of said district; to prescribe courses of study and textbooks for the use of such schools; and to make such rules and regulations as they may think needful for the government of the schools and for the preservation of the property of the district, and also to determine the rates of tuition to be paid for non-resident pupils attending any school in the district except non-resident pupils attending the high school without charge.

Power given to enforce reasonable rules. Report Cards. 35 Neb., 1. Selection of studies by the parent. 31 Neb., 552.

6801 Sec. 102. Annual Statement.-The said trustees shall present at each annual meeting, a statement in writing of all receipts and expenditures on behalf of the district, for the preceding year, and of all funds then on hand, and an estimate of the amount necessary to be raised by the district, in addition to the money to be received from the primary school fund and other sources for the support of the schools of said district, for the ensuing year, and for incidental expenses thereof; and the said district may, at the annual meeting, vote such sums to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof, for the ensuing year. That the amount of money so voted as being necessary for the maintenance of the schools for the ensuing year shall be certified by the district school board to the county clerk of the county in which such school district is located, and the amount so certified shall be levied by the county board on the assessed value of the school district, and be collected as other taxes; Provided that the amount so levied shall not exceed in any one year, thirty-five mills on the dollar of the assessed valuation in such school district.

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6802 Sec. 103. Rural high school.—Any two or more adjoining school districts in any county of this state which are not able or do not deem it expedient to maintain a school of more than eight grades may unite for the purpose of forming one high school district and maintaining one high school as hereinafter provided. -Emergency.

6803 Sec. 104. Proposition-submission-adoption.—Whenever the proposition so to unite shall be submitted by action of ten or more qualified electors to the regular annual meeting of each district proposed to be so joined in such high school district, or at a special meeting called for that purpose, as provided by law, the proposition shall be submitted to the electors at that meeting. Those adjoining districts in which a majority of the votes of each district cast on the proposition to be united for high school purposes, are cast in favor of the proposition, shall thereby be organized as a rural high school district, and the directors shall so notify the county clerk who shall cause the fact to be entered on the public records.—Emergency.

6804 Sec. 105. Establishment completed—name.—W h e n any two or more adjoining school districts in any county shall have voted to unite for high school purposes, the officers thereof shall certify the fact to the county superintendent of the county, who shall thereupon give to such high school district so formed an appropriate name, not borne by any other school district or high school district in the county, and it shall thereafter be known by such name as the... .high school district of.... county, Nebraska. Where the majority of votes of each district are cast for such a union of districts and such high school is established, no district can withdraw its support from the union without the mutual consent of all the districts expressed by the majority vote of each.-Emergency.

6805 Sec. 106. Enlargement of district.-After any such school district has been established, if any adjoining common school district shall, by a majority vote of the qualified voters therein at any annual or special meeting, express a desire to unite with and be included in such high school district for the benefits thereof, it may be done: Providing, this proposition is accepted by a majority vote of all qualified voters at an annual or special

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