intendent's 22. The county superintendent shall receive and revise County Superthe reports made to him as aforesaid, and see that they report. are in proper form and according to intent of law; and when deficiencies or errors are found to exist, shall return them for correction. From these reports and such other authentic information as he can obtain, he shall make report to the State Superintendent of Free Schools, on or before the first day of August, annually, or as soon thereafter as possible, setting forth in reference to each district of his county, for the year ending on the preceding thirtieth day of June, the several particulars mentioned in the twentieth and twenty-first sections, with the proper aggregate or average of each for the county; and shall make the apportionment, and report such apportionment to the auditor, and also report whether the districts have made the levy for school purposes required by this chapter. LVII. The report of the county superintendent should be made not later than the first day of August, as prescribed by law, that the State Superintendent may complete his annual report, which he should have compiled for the Governor not later than the first day of October. LVIII. The apportionment of the General School Fund, made by the county superintendent, should be reported to the State Superintendent, as well as to the auditor. .23. The school year shall commence on the first day school year. of July, and close on the thirtieth day of June, and all reports, accounts and settlements respecting the free schools of this State shall be made with reference to the school year. LIX. If any school opens after the first day of April, (the time required for the enumeration to be returned by the teacher), if the teacher so opening the school has not taken the enumeration and returned it, it is the duty of the county superintendent to employ some one, as the law directs, to take the enumeration of that sub-district. The pay to such person would not be properly deducted 110m the teacher's salary, who opened the school after the time required for the enumeration to be returned. LX. If a school opens so near the close of the school year that by continuing in session all the school days to the end of the year the term will not be finished before the year closes, the remaining time, under the contract, may be completed in the new year. (In this case the school should be reported in the new year.) If the school open in smple time to finish before the close of the year, but suspends before the term is out, the time can not be added to the next year's term. LXI. The school law contemplates that the financial affairs shall be closed up at the end of each year. establishing. 24. When the board of education of any district deem High School; it expedient to establish a high school, they shall submit mode of the question to the voters of the district on the day and month of election named in section two of this chapter, of any year, in the manner following, that is to say: The board shall prepare and sign a notice setting forth the kind of school proposed; the place where it is to be located; the estimated expense of establishing the same, including cost of site, building, furniture, hooks and apparatus and the estimated annual expense of supporting the school after it is in operation, with such other information concerning it as they may deem proper; and stating that the question of authorizing the establishment of such school will be submitted to the voters of the district, at the election specified in the notice, which they shall cause to be posted four weeks before the election in at least three of the most public places in the district. A poll shall thereupon be taken upon the said question, at the election specified in the notice, and the result ascertained in like manner as is prescribed in section two of this chapter. The ballots used on voting on the question shall have written or printed thereon the words, "For the high school," or "Against the high school." If it appear by the result of said poll that not less than three-fifths of the voters who voted on the question are in favor of authorizing the establishment of said school, the board of education may then proceed to obtain the site and provide proper buildings, fixtures and improvements, and procure necessary furniture, books and apparatus for the said school, to support the same after it is put in operation; for which purpose the board may annually levy an additional tax on high schools. the property taxable in their district, not to exceed in any one year thirty cents on every one hundred dollars valuation thereof, according to the latest assessment for State and county taxation. The said school shall be under the care and direction of the board of education of the district in which it is established. Additional levy for High school may be established by two or more districts. LXII. The maximum rate of levy is 50 cents on the one hundred dollars, for country and village schools except as provided in section 40, but for the support of high schools established in accordance with the provisions of this section, there may be an additional levy of 30 cents on the one hundred dollars, thus making the maximum rate for the support of these schools 80 cents on the one hundred dollars, and the power to levy to this extent is granted to the board by the vote of the people when the high school is established. 25. In like manner, if the boards of education of two or more districts, whether in the same or different counties, deem it expedient to jointly establish and support a high school, they may submit the question of authorizing the same to the voters of their districts, separately, and in the manner prescribed in section twentyfour of this chapter, specifying in the notice the amount or proportion of the expenses which each district is to contribute; and if authorized by not less than three-fifths of the voters voting on the question in each district, may proceed jointly to establish and support the said school; and for that purpose the said boards may annu ally levy a tax on the property taxable in their respective districts, not to exceed in any one year the rate of thirty cents on every one hundred dollars valuation thereof. The said school shall be under the care and direc- Directors of tion of directors, to be selected and removed from time joint high school. to time in such manner as the boards of education concerned may agree upon, or when there is no such agreement, under the care and direction of the board of education of the district in which the school house is situated, and the boards of education concerned shall from time to time prescribe such regulations as they may deem necessary respecting the school. direction of 26. The board of directors who have the care and Care and direction of the said school shall appoint, and may re-joint school. move the teachers, shall fix their salaries; prescribe the branches of learning to be taught; the time the school shall be kept open; the ages and qualifications of the scholars to be admitted, admit scholars from non-contributing districts on such terms of tuition as they may deem proper; expel or suspend scholars when necessary; ascertain and certify the expenses of the school, of which they shall cause exact accounts to be kept; and prescribe all needful regulations respecting the school, subject, nevertheless, to any regulations respecting the same that may be prescribed pursuant to the preceding section. They shall annually report through their secretary on Directors' or before the twentieth day of July, to the superintend- report. ent of free schools for the county in which the school house is situated, such particulars respecting the schools as the State Superintendent of Free Schools may require; and the county superintendent shall transmit the report, with such remarks and additional information as he deems proper, to the State Superintend ent. But in schools. The boards of education of any district may also Graded establish graded schools in towns, villages and densely populated neighborhocds of their respective districts, employ teachers therefor, and make such special regulations as may be necessary to conduct them. every such case involving additional taxation, the matter shall be first submitted to a vote of the people and their consent obtained, as is prescribed in section twentyfour in case of a high school; Provided, That no additional levy for a graded school shall exceed in any one year fifteen cents on every hundred dollars valuation. Provided further, When any sub-district having graded Levy for schools, desire a longer term of school than four months, school. it shall be the duty of the board of education on the pe graded Assessor must County board of examiners. tition of the taxpayers of such sub-district to submit the question to the voters of said sub-district, at such time and place as they may fix, by posting notices ten days before said election, setting forth the number of months the said school shall be run, including the State Fund and their proper share of any district levy that may be levied in the districts for the support of the schools of said districts. It shall be the duty of the assessor, with the assistance of the secretary of the board of education, to furnish such board a list of the property, both real and personal, assessed by him in said sub-district, for State and county purposes. And the said board of education may provide for the extending of the said tax, and provide for the collection of the same, under such rules and regulations as they may provide, and use the fund thus collected for the running of such graded schools. LXIII. "No vote of the people is necessary as a condition precedent to the establishing of a graded school in a district in case such school does not increase the levy over the fifty cent limit named in section 40 The vote to authorize any levy must be taken as required by section 2. Section 26 specifically requires a vote where the cost involves a levy in excess of such fifty cents. I find no authority for continuing a graded school any longer period than other schools of a district."-Alfred Caldwell, Attorney General. LXIV. The number of tax-payers who are to petition for more than five months' school in a sub-district is left to the discretion of the board. There should be a sufficient number on the petition to indicate that the desire was seriously entertained and entitled to respect. LXV. The vote should be taken not later than the 10th of May, so that if the increased rate of levy is authorized, the assessor may have the neces sary time in which to extend same ou his books. The rate of levy being 50 cents on the one hundred dollars, the increase to be voted upon can not exceed fifteen cents additional, making the maximum levy for the support of a graded school 65 cents on the one hundred dollars. LXVI. "The board should have the sheriff collect the taxes for the graded school. They should enter an order authorizing him to collect. It would not be best to order the collection by any one else."-Alfred Caldwell, Attorney-General. 27. There shall be in every county, for the purpose of examining and certifying teachers, a county board of examiners, to be composed of the county superintendent, who shall be ex-officio president, and two experienced teachers, each of whom shall have received a teacher's state certificate or a number one county certificate, or be a graduate of some reputable school, to be nominated by the county, superintendent and appointed by the presidents of the district boards of education, at a meeting for that purpose, to be held at the county seat on the first Wednesday in July, 1893, one of whom shall be appointed for a term of two years and one for one year, and thereafter one member annually for a term of two years, at which meeting a majority of said presidents, or any three thereof, shall constitute a quorum. It shall be the duty of the county superinttendent to attend such meetings. Vacancies in said board of examiners shall be filled by Vacancies. the presidents in the same manner as members of said board are appointed, and it shall be the duty of the county superintendent, upon ten days' notice, to call meetings of said presidents at the county seat for that purpose. The board of examiners shall each receive a compensation compensation of three dollars per day for each day actu- of examiners. ally and necessarily employed in conducting the examinations, and for one day at each of the two stated examinations required in section twenty-eight of this chapter to be spent in consultation and preparation for their duties. This compensation shall be paid out of the fees received from the teachers examined, and shall in no case exceed the amount thereof. County Super intendent to collect fees and retura The county superintendent shall collect from every person who applies for examination a fee therefor of one dollar, out of which he shall pay the per diem of the board of examiners, and the expense of the notice required by the twenty-eighth section of this chapter, and the balance, if any, he shall pay to the sheriff, to be placed to the credit of the distributable fund of the account. county received from the State, and distributed with it. He shall at the end of each school year, make and return to the clerk of the county court, and also to the State Superintendent, a detailed and certified account of the names of all applicants for examination; the amount of the fees received by him for the same; the amount paid out to the members of the board of examiners, and the balance, if any, placed to the credit of the distributable fund of the county as aforesaid. LXVII. Presidents of independent school districts should participate in the election of members of the board of examiners except where their teachers are not required to be examined by said board, as in Wheeling, Huntington, Charleston, Martinsburg, &c. LXVIII. No more than two names should be proposed to the presidents of the boards of education at one time for members of the board of examiners. If either or both are rejected, then other nominations should be made. LXIX. No person other than a teacher should be appointed a member of the board of examiners. LXX. All appointees must hold No. 1 certificates or their equivalents. LXXI. The county superintendent has the sole right to name candidates to the presidents for members of the board of examiners. LXXII. All school officers, including members of the boards of examiners, are required to take the oath prescribed by the constitution, section 5, Article IV. LXXIII. The presidents of the boards of education have no authority to elect persons members of the board of examiners not nominated by the county superintendent. |