XXXI. The Theory and Art of Teaching as enumerated in Section 11, is not to be understood as being one of the branches required to be taught in the primary schools, but teachers are required to pass an examination in the same,-See Section 29.-as they are in all branches required to be taught under the provisions of this section.

XXXII. Trustees should be very careful not to unnecessarily interfere with a teacher in relation to matters pertaining to the conduct and government of his school. I do not think a teacher should be compelled to give instruction to pupils * * in all branches prescribed by law without reference to proper grade.-Alfred Caldwell, Attorney-General.

XXXIII. It is the official duty of the county superintendent to see that the graded course of study for country and village schools is thoroughly introduced into the said schools of his county. But it is not the county superintendent alone upon whom this responsibility rests. The law makes it the duty of members and secretaries of boards of education and of trustees and teachers as well. to perform their whole duty, seeing to it that the course of study, with grading according to accompanying plan, shall be fully introduced into every country and village school in the State.

holic drinks

taught.

11a. I. That the nature of alcoholic drinks and nar- Nature and cotics, and special instruction as to their effects upon the effects of aleohuman system, in connection with the several divisions must be of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and shall be taught as thoroughly and in the same manner as other like required branches are in said schools, and to all pupils in all said schools throughout the State.

II. It shall be the duty of the proper officer in control Fine for failof any school described in the foregoing section to en-ure to teach. force the provisions of this act; and any such officer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other

cases.

III. No certificate shall be granted to any person to Teachers to be teach in the public schools of the State, after the first of examined. January, anno domini, eighteen hundred and eighty-nine, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and the effects of alcoholic drinks and narcotics upon the human system.

under control

12. The trustees shall be under the supervision and Trustees control of the board of education, and in all cases the of the board. action of the trustees shall be subject to the revision and correction of the board of education, on the motion

Transfer of pupils.

Tuition.

Time of electing teachers.

Form of contract.

of any member thereof, or upon the complaint in writing of any three tax-payers of their sub-district.

Whenever it shall happen that the persons authorized to attend school are so situated as to be better accommodated at the primary school of an adjoining sub-district, whether in the same or in an adjoining district or county, or whenever it may be necessary to establish a school composed of pupils from parts of two sub-districts, whether in the same or in an adjoining district or county, it shall be the duty of the trustees of the sub-districts interested to transfer such persons for school purposes to the sub-district in which such school house is, or may be, situated; but the enumeration of youth shall be taken in each sub-district as if no transfer had been made, and the trustees of the sub-district in which the school is situated shall have the management of such school.

But in all cases of transfer of pupils from one district to another, the board of education of the district from which the transfer is made shall pay to the board of education of the district in which the school is carried on, such proportion of the cost of said school, as the scholars so transferred bear to the whole number of scholars taught in such school.

XXXIV. "This section was not intended nor does it authorize trustees to transfer pupils from a sub-district to an independent school district."— Alfred Caldwell, Attorney General.

XXXV. The cost of the tuition of the transferred pupils should be estimated from the time the transfer takes effect until it expires r the pupils are withdrawn.

XXXVI. No transfer is complete until the trustees of the sub-district to which transfers have been made have agreed to accept the pupils.

XXXVII. When pupils are transferred to an adjoining sub-district in another district it is the duty of the trustees making the transfers, although they are not required to do so by statut, to notify their board of education of all transfers made by them, and the said board of education is required by this section to pay to the board of education of the district to which the pupils have been transferred such proportion of the cost of said school or schools as the papils so transferred bear to the whole number of pupils taught in said schools during the time of the transfers.

13. The trustees of every sub-district shall have charge of the schools therein and shall meet at the school house of their sub-district on the third Monday in July of every year, or as soon thereafter as practicable and appoint a teacher or teachers for the coming session of their school, and in such appointment at least two of the trustees, who are the trustees for the ensuing year, shall concur, and such appointment shall be in writing in the form of a contract, according to the form furnished by the State Superintendent of Free Schools and said form shall state that the trustees whose signatures are affixed thereto, met together as herein re

quired, and said contract shall be filed with the secretary of the board before the beginning of the term for which said teacher is employed.

be removed.

suspended or

If the appointment of any teacher be otherwise than at a meeting herein authorized, the board of education may declare such contract illegal, if the declaration be made by the board before the time mentioned in the contract for the beginning of the school term. Any Teacher may teacher so appointed may be removed by the trustees or by the board of education for incompetency, neglect of duty, intemperance, profanity, cruelty, or immorality. The trustees shall exclude from any school under their Pupil may be charge any person having a contagious or infectious dis- expelled. ease, and they may suspend or expel any scholar found guilty of any disorderly, refractory, indecent, or immoral conduct, and may refuse to admit such scholar again to the school until satisfied that he will properly conduct himself thereafter. But the trustees shall take no action or proceeding relating to the removal of teachers or the suspension or expulsion of any scholar from school unless at a meeting of which the trustees have all had notice, and when at least two of their number shall be present and concur in such action or proceeding, and their action in each particular shall be subject to the revision and correction of the board of education upon complaint in writing of a majority of the patrons of the school, residing within the sub-district in

which such action has been taken. Any trustee may, Trustee may for good cause shown be removed from office by the be removed. board of education upon five days notice in writing, of the cause alleged for his removal, and of the time and place the board will take action thereon.

be discon

Whenever at the end of any school month the daily Schols may average attendance for that month has been less than tinued. thirty-five per cent. of the whole number of pupils enumerated in the sub-districts, the trustees may dismiss the teacher and discontinue the school, unless otherwise directed by the board of education; and no high school shall be continued if at the end of any school month, it has not had an average daily attendance of twenty-five scholars.

trustees.

And it is further expressly provided that should any Bribery of trustee of any sub-district or member of the board of education receive any money or other thing of value for his aid, assistance or vote in securing to any teacher a school or employment in any district or independent school district in the State, in which said trustee or member of the board of education is authorized by law to act, shall be guilty of a felony and upon conviction thereof shall be punished as provided in chapter 147 of

Trustees shal visit and

inspect

schools.

Trustees must keep school house in

order,

the Code of this State, and the teacher who offers or ten ders to such trustee or member of the board of education any money or other thing of value to influence the same, in aid of securing a school, he shall be liable to punishment as provided in said chapter..

XXXVIII. Neither boards of education nor trustees have authority to employ a person to teach in the free schools of this State unless such person presents a certificate in duplicate still in force of his qualification to teach a school of the grade for which he applies. For decision regarding duplicate certifiate, see same under section 28. Teachers employed as substitutes should hold same grade of certificate as those whose places they fill.

XXXXIX. A teacher has the right to punish pupils placed under his charge for infractions of the rules governing the school. But like the parent who has the right to enforce obedience, he is answerable for the abuse of the trust.

XL. The trustees of a school have authority to contract with a teacher for the length of time and the price per month prescribed by the board of education, and the board must provide for its payment.

14. The trustees shall visit every school under their charge within two weeks after the opening, and again within two weeks before the close thereof, and at such other times as in their opinion may be useful to do so. During such visits, they shall inspect the register of every teacher and see whether it has been properly kept, and ascertain whether the scholars have supplied themselves with books and other things requisite for their studies, whether the school house and grounds, furniture, apparatus and library are kept in good order; whether anything injurious to the health is sufered to remain about the house or grounds, and whether the school house is well ventilated and kept comfortable, as the season may require; and where it is necessary, provide and promptly apply the proper remedy.

They shall also during such visits make such examination and enquiry as they may deem useful respecting the studies, discipline and general condition of the school, and the conduct and proficiency of the scholars; and give such directions or make such suggestions to the teachers, as in their opinion, will promote the interest of the school, and the health, morals and progress of the scholars.

XLI. The duty of visiting the schools is made obligatory upon the trustees, and they should faithfully comply with the law in this matter.

XLII. The leading object of the trustees on this, their first visit, should be the examination of the sanitary condition of the school building and out-houses. The health of both teachers and pupils depend upon healthful surroundings.

15. They shall cause the school houses under their charge and everything pertaining thereto, to be kept in

good order and repair, and for this purpose it shall, among other things, be their duty to cause proper suits and prosecutions to be instituted, in the name of the board of education of the district or otherwise, against every person who shall injure or destroy any school property of which the said trustees have charge; and they shall not, without the permission of the district board of education, allow said school houses to be used for any other purpose whatever, except for the purpose Trustees may of holding religious or literary meetings and Sunday house to be schools, equally by the various religious denominations used for certhat may apply for the same, and further for such other meetings as may be considered beneficial to the public generally under such regulations as to the care thereof as may be prescribed by them; Provided, That such meetings shall not interfere with the public schools.

The trustees shall furnish to the board of education estimates of all improvements necessary to the preservation or repair of buildings, grounds and furniture under their charge.

XLIII. The trustees of a school may allow religious exercises held in their school house. They may prescribe conditions, etc. They may refuse to allow the school house to be used for this purpose. In either case, on motion of any member of the board of education, or the petition in writing of three tax-payers of the sub-district, the action of the trustees may be reviewed and reversed or atfirmed. The county superintendent has no authority in the matter.

XLIV. "Debating societies," teachers' meetings, school exhibitions and spelling-schools, together with any other meetings, having for their object the advancement of the school interests of the sub-district, and being of a literary character, if conducted in a respectable manner, come within the meaning of the words "literary meetings," as used in the fifteenth section of the school law.

XLV. If the trustees of a school refuse the use of a school house for religious purposes, an appeal may be taken to the board of education. The decision of the board is final, either for or against. They may absolutely exclude all denominations from the school house.

XLVI. Religious and literary societies and teachers of select schools, may be required to give security for the protection of school property where trustees are asked to allow the school house to be used for the meetings of such societies. The use of public school property for such purposes is a privilege, not a right.

XLVII. I think that the trustees, with the consent of the board of education, can allow the school house to be used for the purpose of holding a select school; provided it does not interfere with the public school. I am also of the opinion that the action of the trustees in either refusing or granting the use of a school house for the purposes above mentioned may be reviewed by the board of education of the district. The party so occupying the school house may be required to give security for the proper care and use of the building -T. S. Riley, Attorney General.

allow school

tain purposes.

interrupting

15a. [Section 19, chapter 14a code, chapter 13, Acts Penalty for 1887.] If a person willfully interrupt, molest or disturb or disturbing any free school, or other school, literary society or school. any other society formed for intellectual, social or moral improvement, organized or carried on under or in pursuance of the laws of this State, or any Sunday