Chapter 18. EDUCATION.

§1. Definitions; School; District; Teacher.—The following words used in this chapter and in any proceedings pursuant thereto shall, unless the context clearly indicates a different meaning, be construed as follows: (a) “School” shall mean the pupils and teacher or teachers assembled in one room; (b) “District” shall mean magisterial school district, and shall not include any independent school district heretofore established by special act or acts of the legislature; (c) “Teacher” shall mean teacher, supervisor, principal, superintendent, public school librarian, or any other person regularly employed for instructional purposes in a public school of this State.(1908, c. 27, §161; 1919, c. 2, §1; Code 1923, c. 45, §1.)

§2. School Year.—The school year shall begin on the first day of July and end on the thirtieth day of June, and all reports, accounts and settlements respecting the free schools shall be made with reference to the school year.(1863, c. 137, §51; 1866, c. 74, §44; 1867, c. 98, §25; Code 1868, c. 45, §25; 1872-3, c. 123, §23; 1881, c. 15, §23; 1908, c. 27, §1; 1919, c. 2, §2; Code 1923, c. 45, §2.)

§3. School Districts; Subdistricts.—Every magisterial district in each of the counties of the State shall be a school district, which shall be divided into such number of subdistricts as may be necessary for the convenience of the free schools therein. The present districts and subdistricts shall remain until changed in the manner prescribed by law.(1863, c. 137, §§1, 6; 1866, c. 74, §§1, 6; 1867, c. 98, §§9, 10; Code , 1868, c. 45, §§9, 10; 1872-3, c. 123, §1; 1877, c. 77, §1; 1881, c. 15, §1; 1908, c. 27, §2; 1919. c. , 2, §3; Code 1923, c. 45, §3.)

§4. Application of Chapter to Independent School Districts.—The provisions of this chapter shall not supersede any special act or acts of the legislature relating to any independent school district in the State, except such provisions hereof as expressly or by necessary implication apply to independent school districts. The board of education of any independent school district may, by resolution regularly adopted and spread upon its minutes, adopt any of the provisions of this chapter for application in its district, and thereafter the provisions of this chapter so adopted shall apply to such independent school district until changed by the legislature or by resolution of the board of education of such independent district.(1919, c. 2, §194; Code 1923, c. 45, §194.)

§1. State Board of Education; How Constituted; Offices.—There shall be a state board of education, to be known as the West Virginia Board of Education, which shall be a corporation c and as such may contract and be contracted with, plead and be impleaded, sue and be sued, and have and use a common seal. The board shall consist of seven members, of whom one shall be the state superintendent of schools, ex officio. The other six members shall be appointed by the governor, by and with the advice and consent of the senate, from the two dominant political par ties. The members of the board shall be citizens of the State, and not more than four appointive members shall be of the same political party. No appointee of the board shall serve on the board.

The members of the board of education in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of May next after this Code takes effect, and on or before the first day of May annually thereafter, one member shall be appointed to serve for a term of six years to commence on the first day of July of such year. Any vacancy on the board shall be filled by the governor for the unexpired term.

Before exercising any authority or performing any duties as a member of the state board of education, each member thereof shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article four of Constitution, the certificate whereof shall be filed with the secretary of state. A suitable office or offices in the state department of education at Charleston shall be provided for the use of the state board of education.(1908, c. 27, §130; 1915, c. 56, §130; 1919, c. 2, §4; 1921, c. 1, §4; Code 1923, c. 45, §4.)

§2. Advisory Council; Duties.—There shall an advisory council to the state board of education to assist such board in formulating and carrying out policies in respect to the education of the colored youth of the State. Such council shall consist of the state supervisor of colored schools, and two citizens of the negro race to be appointed by the governor by and with the advice and consent of the senate. The members of the advisory council in office on the date this Code takes effect shall, unless sooner remoevd, continue to serve until their respective terms expire and their successors have been appointed and have qualified. On or before the first day of May, nineteen hundred and thirty-one, and on or before the first day of May of each alternate year thereafter, the governor shall appoint one of the members to be appointed by him to serve for a term of four years to commence on thie first day of July of such year. Any vacancy in such council, other than in the office of state supervisor of colored schools, shall be filled by the governor for the unexpired term.

The two appointive members of such advisory council shall each be entitled to receive from the general school fund, upon warrants drawn by the state superintendent of schools, the sum of one thousand dollars a year as salary, payable quarterly, and shall be reimbursed from said fund for any necessary expenses incident to the performance of his duties, upon presentation of an itemized sworn statement of the same. The advisory council shall have charge of all matters with reference to colored schools, subject to the approval of the state board of education.(1919, c. 2, §5; Code 1923, c. 45, §5.)

§3. Meetings of State Board of Education; Salary and Expenses of Members.—The state board of education shall hold at least six meetings in every year at such times and places as it may prescribe. The board may meet at such other times as may be necessary, such meetings to be held upon resolution of the board, or at the call of the president of the board, or of the state superintendent of schools. Each appointive member of the board shall be entitled to receive from the general school fund, upon warrants drawn by the state superintendent of schools, the sum of one thousand dollars a year as salary, payable quarterly, and shall be reimbursed from said fund for all expenses incident to the performance of his duties, upon presentation of an itemized sworn statement of the same.(1908, c. 27, §§130, 131, 135; 1915, c. 56, §133; 1919, c. 2, §5; Code 1923, c. 45, §5.)

§4. Organization of State Board of Education; Salary of Secretary.—At its first regular meeting in every year, the state board of education shall elect one of its members as president and one as vice president of the board. The state superintendent of schools shall be the chief executive officer of the board. The board shall appoint a secretary and fix his salary, which shall not exceed four thousand eight hundred dollars per year, the same to be paid out of the general school fund upon warrants drawn by the state superintendent of schools.(1919, c. 2, §6; Code 1923, c. 45, §6; 1929, c. 89, §94.)

§5. General Powers and Duties.—Subject to and in conformity with the Constitution and laws of this State, the state board of education shall determine the educational policies of the State, except as to the West Virginia university, and shall make rules for carrying into effect the laws and policies of the State relating to education, including rules relating to the physical welfare of pupils, the education of feeble-minded and physically disabled or crippled children of school age, retirement fund for teachers, school attendance, evening and continuation or part-time day schools, school extension work, the classification of schools, the issuing of certificates upon credentials, the purchase, distribution and care of free textbooks by the district boards of education, the general powers and duties of county and district boards of education, and of school trustees, teachers, principals, supervisors, and superintendents, and such other matters pertaining to the public schools in the State as may seem to the board to be necessary and expedient.(1919, c. 2, §14; Code 1923, c. 45, §14.)

§6. Training of Teachers; Classification and Standardization of Schools; Standards for Degrees and Diplomas.—The training of teachers in the State shall be under the general direction and control of the state board of education, which shall, through the state superintendent of schools, exercise supervisory control over the state normal schools and such other state educational institutions, except the West Virginia university, as may be charged with the duty of training teachers, and over normal training high schools. The board shall also exercise supervisory control over the teacher training departments of all private or denominational schools which offer courses for the training of teachers, or which maintain classes or departments therefor.

The state board of education shall make rules and regulations for the classification and standardization of all schools in the State, except the West Virginia university, and shall determine the minimum standards for the conferring of degrees and the granting of diplomas, except those conferred or granted by the West Virginia university. No institution may grant any diploma or confer any degree on any basis of work or merit below the minimum standard prescribed by the state board of education. Any institution doing work equal to the minimum standard shall be authorized to grant such diplomas or degrees as shall be appropriate to its class, such authorization to continue so long as the institution maintains the standards prescribed. All educational institutions whose degrees or diplomas were, for the school year ending in June, nineteen hundred and eighteen, recognized by the state board of education in the granting of teachers’ certificates or other wise, shall be rated as approved institutions and shall continue to hold that distinction so long as they measure up to the minimum standard for institutions of their respective classes. Nothing contained herein shall infringe upon the rights granted to any such institution by charter given according to law previous to the adoption of this Code. No charter or other instrument containing the right to confer degrees or to issue diplomas shall be granted by the State of West Virginia to any institution, or other association or organization, either within or without the State, until the conditions of conferring such degrees or of issuing such diplomas have first been approved in writing by the state board of education.(1919, c. 2, §8; Code 1923, c. 45, §8.)

§7. Courses of Study; Language of Instruction.—The state board of education shall prescribe minimum standards in the courses of study to be offered in elementary schools, high schools, vocational schools, and in all other kinds, grades, and classes of schools, or departments thereof, which may now or hereafter be maintained in the State, in whole or in part, from any state fund or funds: Provided, however, That the courses of study in the state educational institutions shall be prepared by the faculties, teachers, or other constituted authority thereof, and shall, before going into effect, be submitted to the state board of education for its approval, except that the courses of study prepared for the West Virginia university shall be submitted to the board of governors of the university for its approval. The basic language of instruction in the common school branches in all schools, public, private and parochial, shall be the English language only.(1867, c. 98, §12; Code 1868, c. 45, §12; 1872-3, c. 123, §11; 1887, c. 3; 1891, c. 63, §11; 1893, c. 26, §11; 1908, c. 27, §§78, 131; 1915, c. 56, §§78, 131; 1919, c. 2, §9; Code 1923, c. 45, §9.)

§8. Course of Study in Fire Prevention.—The state board of education shall, with the advice of the state superintendent of schools, prescribe a course of study in fire prevention for use in the public, private and parochial schools of this State, dealing with the protection of lives and property against loss or damage as a result of preventable fires. It shall be the duty of the county superintendent, board of education, directors, trustees, or other committees or persons having control of public, private and parochial schools in each county, village, city or school district, to arrange for such course of study in fire prevention and to compel its use in each school under their control or direction.(1921, c. 11, §§1, 2; Code 1923, c. 45, §27.)

§9. Courses of Instruction in History, Civics and Constitutions, Alcoholic Drinks and Narcotics; Penalties.—In all public, private, parochial and denominational schools located within this State there shall be given regular courses of instruction in history of the United States, in civics, and in the Constitutions of the United States and of the State of West Virginia, for the purpose of teaching, fostering and perpetuating the ideals, principles and spirit of Americanism, and increasing the knowledge of the organization and machinery of the government of the United States and of the State of West Virginia. The state board of education shall, with the advice of the state superintendent of schools, prescribe the courses of study covering these subjects for the public elementary and grammar schools, public high schools and the state normal schools. It shall be the duty of the officials or boards having authority over the respective private, parochial and denominational schools to prescribe courses of study for the schools under their control and supervision similar to those required for the public schools.

The state board of education shall cause to be taught in all of the public schools of this State the subject of scientific temperance, including the nature of alcoholic drinks and narcotics, with special instruction as to their effect upon the human system and upon society in general.

Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding ten dollars for each violation, and each week during which there is a violation shall constitute a separate offense. If the person so convicted occupy a position in connection with the public schools, he shall also automatically be removed from such position, and shall be ineligible for reappointment to that or a similar position for the period of one year.(1923, c. 10, §§9a, 9b, 9c; 1927, c. 12, §§1, 2.)

§10. Adoption and Supply of Textbooks; Distribution; Exchange.—The state board of education shall adopt textbooks for uniform and exclusive use in the public schools of the State, except as hereinafter provided, such adoptions to be made subject to the following restrictions and provisions:

(a) By written request or otherwise the state board of education shall ask various publishers of textbooks in the United States to submit samples and prices of textbooks on all subjects required to be taught in the schools of the State. All bids or proposals shall be under seal, and each bidder shall deposit in the state treasury such sum of money as the state board of education shall designate, such deposit to be not less than one thousand nor more than three thousand dollars; and such deposit shall be forfeited to the general school fund, if such bidder shall fail or refuse to make and execute such contract and bond as are herein required in case of the acceptance of all or a part of his bid, and otherwise shall be returned to such bidder after the contract has been made;

(b) All bids shall be opened by the state board of education in executive session. After considering the subject matter, printing, binding, general suitableness and prices of books submitted, the board shall, on or before the first Tuesday in May, nineteen hundred and twenty-seven, and every fifth year thereafter, adopt one book, or one series of books, and only one, on each subject required to be taught in the elementary schools, for uniform and exclusive use in the free schools of this State, except in classified high schools and in towns and cities which have a population of thirty-five hundred or over. All bids submitted at such session shall be made a matter of public record by showing the same in separate items on the record book of the board. At any adoption the affirmative votes of five members of the board shall be required to change any book or series of books: Provided, however, That not more than thirty per cent of the subjects required by law to be taught in the elementary schools shall be changed in any five-year adoption, unless further changes be necessary to protect the State against unfair prices or discrimination by the publishers of the books in use. When selections and adoptions of books have been properly made, it shall be the duty of the state board of education to execute contracts therefor with the publishers thereof for a period of five years, beginning with July first following, each publisher being required to enter into bond of not less than ten thousand dollars to be approved by the state board of public works. Such contracts shall be prepared by the attorney general in accordance with the terms and provisions of this article, and shall be executed in duplicate, one copy to be held by the contractors and one by the state superintendent of schools. Should any successful bidder fail to contract, or if, for any cause, any book or books adopted cannot be secured, the state board shall proceed at once to the selection and adoption of other books in lieu thereof. The State of West Virginia shall not be liable in any sum on account of any contract made in pursuance of the provisions of this section. Nothing contained herein shall impair the contracts now in effect between the state board of education and the publishers of uniform textbooks now adopted and in use in the public schools of the State;

(c) If any publisher or contractor furnish to this State any book of like binding, material and workmanship at a higher price than the price at which such publisher or contractor furishes the same book to any other state, county, city or school unit in the United States, like conditions prevailing, the state board of education shall require such publisher or contractor to make a like reduction of such price in this State, under penalty of cancellation of the contract for any such book;

(d) It shall be the duty of the state board of education to fix prices at which the various books adopted shall be sold to patrons, the excess of which above contract price shall represent the profit to the retailer; but in no case shall such profit exceed twenty per cent of the contract price. The state superintendent of free schools shall notify each county superintendent of the list of books adopted and the prices at which they are to be sold, and any person selling such books at a higher price than that fixed by the state board of education shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars. The books furnished during the contract period shall be equal in all respects to the sample copies furnished the board; and it shall be the duty of the state superintendent of free schools to carefully preserve in his office, as the standard of quality, sample copies of all books contracted for;

(e) It shall be the duty of each contractor at his own expense to place with responsible dealers, in no fewer than three magisterial districts in each county, at least two weeks before the beginning of school in any district in the county where such books are used, a sufficient number of books to supply the demand. He shall also arrange for the exchange of books at such places, allowing pupils or boards of educa tion an exchange price as liberal as granted on the same books to any city, county, or state in the United States, like conditions prevailing. The exchange privilege shall extend through one entire school year, and the dealer making the exchange shall be allowed by the contractors ten per cent of the cash proceeds of the same. Nothing in this article is to be construed as preventing the use of supplementary readers, provided they do not displace the adopted readers, nor the use of more advanced books in such schools as may be ready for the same.(1863, c. 137, §23; 1867, c. 98, §55; Code 1868, c. 45, §55; 1872-3, c. 123, §58; 1879, c. 56; 1881, c. 15, §58; 1885, c. 4; 1895, c. 37; 1897, c. 62; 1908, c. 27, §165; 1909, c. 23; 1919, c. 2, §11; 1921, c. 2, §11; Code 1923, c. 45, §11.)

§11. Gifts and Bribes to Influence Adoption of Textbooks; Penalties.—Any member of the state board of education who shall receive, solicit or accept any gift, present, or thing of value to influence him in his vote for the adoption of books, or any person who shall either directly or indirectly give or offer to give any such gift, present, or thing of value to any member of the state board of education to influence him in voting for the adoption of books, shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement in the penitentiary of this State not less than one year nor more than three years.(1909, c. 23, §13; 1919, c. 2, §12; Code 1923, c. 45, §12.)

§12. Rules Governing Purchase, Distribution, Use and Care of Free Textbooks.—The state board of education shall make rules governing the purchase, distribution, use and care of all free textbooks used in the public schools of this State.(1919, c. 2, §13; Code 1923, c. 45, §13.)

§13. Powers and Duties of State Board of Education as to State Educational Institutions.—The state board of education shall have general control, supervision and management of the educational affairs of Marshall college, Fairmont state normal school, West Liberty state normal school, Glenville state normal school, Shepherd college state normal school, Concord state normal school, West Virginia state college, Bluefield colored institute, New River state school, Potomac state school, West Virginia schools for the deaf and the blind, West Virginia school for the colored deaf and blind, and of any other state educational institution which now is or may hereafter be created by law, except the West Virginia university. The state board of education shall employ the president or principal, and the professors, teachers and other employees of each of the institutions named in this section, and shall fix the yearly or monthly salary to be paid to each person so employed, to be approved by the state board of control according to law.(1909, c. 58, §18; 1919, c. 2, §§7, 181; Code 1923, c. 45, §§7, 181.)

§14. Reports by State Board of Education, State Board of Control, and Chief Officers of State Educational Institutions to Auditor.—The state board of education and the state board of control shall, from time to time, as may be necessary, make a report to the auditor, which shall state the name of each person employed by the state board of education at any of the institutions named in the next preceding section of this article, his official designation and rate of compensation per month (or by the day or week, if employed for less than a month), and out of what funds or appropriation the same is payable. The chief officer or head teacher of any such institution, or other person who may have been appointed for the purpose by the state board of control, shall make out and certify to the auditor at the end of each month a list of persons to whom any payments may be due, stating for what purpose due, the amount due each person, and the fund or appropriation from which payable, one copy whereof shall be filed in the office of the institution where made, and one in the office of the state board of control. If the auditor finds such list correct and in accordance with the report made to him by the state board of education and the state board of control, he may pay to the persons entitled, thereto the amounts so certified as due each.(1919, c. 2, §182; Code 1923, c. 45, §182.)

§15. Report by State Board of Education to Governor.—On the first day of October of each year, or as soon thereafter as practicable, the state board of education, through the state superintendent of schools, shall make to the governor a full report concerning the state educational institutions under its control and management (a copy whereof shall be filed with the state board of control at the same time), which shall show the number of persons employed about each institution, the official designation of each of such persons, the amount and rate of compensation paid to him, the amount disbursed by such institution out of any funds under its control, stating the purposes for which expended, the amount expended for each purpose, and the number of days actually engaged by the persons employed about such institution, including teachers and professors. Such report shall also show the number of students actually attending each of the institutions, the number of students enrolled in each school or department thereof, and the total cost of each of such schools or departments. The board may make recommendations respecting legislation needed to promote the welfare of such institutions.(1908, c. 27, §136; 1919, c. 2, §182; Code 1923, c. 45, §182.)

§1. Election; Qualifications; Office.—There shall be elected by the qualified voters of the State a state superintendent of schools, whose term of office shall be the same as that of the governor. He shall be a person of good moral character, of recognized ability as a school administrator, with academic and professional training equivalent to graduation from a standard university or college, and shall have had not less than five years of experience in public school work. He shall receive an annual salary provided by law, to be paid monthly out of the state fund upon warrants of the state auditor, and necessary traveling expenses, when away from the state capital on official business, not to exceed the sum of five hundred dollars, the same to be paid out of the general school fund upon warrants of the state auditor. The superintendent shall reside at the state capital and have his office there.(1863, c. 137, §§26, 32, 34; 1866, c. 74, §§45, 51, 53; 1867, c. 98, §§61, 62; Code 1868, c. 45, §§61, 62; 1872-3, c. 123, §§63, 64; 1881, c. 15, §§63, 64; 1908, c. 27, §§124, 125; 1919, c. 2, §17; Code 1923, c. 45, §17.)

§2. Seal; Requisitions on Auditor for Money.—The state superintendent of schools shall provide a seal for his office. He shall sign all requisitions on the auditor for the payment of money out of the state treasury for school purposes, except as otherwise provided by law.(1863, c. 137, §33; 1866, c. 74, §52; 1867, c. 98, §62; Code 1868, c. 45, §62; 1872-3, c. 123, §64; 1881, c. 15, §64; 1908, c. 27, §125; 1919, c. 2, §18; Code 1923, c. 45, §18.)

§3. General Supervision of Schools.—The state superintendent of schools shall have general supervision of the free schools of the State, and shall be the chief executive officer of the state board of education. He shall be charged with the general supervision of all county and city superintendents of free schools and of county and district boards of education within the State, except as provided in article nine, chapter six of this Code. He shall prescribe the forms and cause to be prepared and printed all blanks necessary for carrying out the details of the school system of the State, and of the rules of the state board of education, so as to secure the uniform operation of the same throughout the State. In respect to general school statistics, such forms and blanks shall conform as nearly as may be to the forms and blanks recommended by the United States bureau of education. The state superintendent shall also cause such forms and blanks to be forwarded to all school officers and other persons whose duty or right it is to use them.(1863, c. 137, §28; 1866, c. 74, §47; 1867, c. 98, §63; Code 1868, c. 45, §63; 1872-3, c. 123, §65; 1881, c. 15. §65; 1908, c. 27, §126; 1919, c. 2, §19; Code 1923, c. 45, §19.)

§4. Legal Proceedings; Removal of School Officials.—The state superintendent of schools shall cause to be instituted such proceedings or processes as may be necessary properly to enforce and give effect to any provision or provisions of this chapter and to the provisions of any other general or special laws pertaining to the school system of the State, or any part thereof, or of any rule or direction of the state board of education made in conformity with its powers and duties. The superintendent shall have authority to administer oaths and to examine under oath, in any part of the State, witnesses in any proceeding pertaining to the public schools, and to cause such examination to be reduced to writing. Witnesses, other than employees of the State, shall be entitled to the same fees as in civil cases in the circuit court. The state superintendent of schools shall have power to institute proper proceedings for the removal of any school official charged with dishonesty, continued neglect of duty, or with failure to comply with the provisions of this chapter or of the rules of the state board of education.(1919, c. 2, §20; Code 1923, c. 45, §20.)

§5. Conferences of School Superintendents.—The state superintendent of schools shall have the authority to call conferences of the county, district, and city superintendents of schools of the State, or of any group or groups of such superintendents, for the purpose of considering with them any matters relating to the conditions and needs of the schools and the proper means of improving the schools throughout the State, or any section thereof.(1863, c. 137, §29; 1866, c. 74, §48; 1867, c. 98, §64; Code 1868, c. 45, §64; 1919, c. 2, §21; Code 1923, c. 45, §21.)

§6. Interpretation of School Laws and Rules of State Board of Education.—At the request in writing of any citizen, teacher, school official, county or state officer, the state superintendent of schools shall give his interpretation of the meaning of any part of the school law or of the rules of the state board of education.(1866, c. 74, §47; 1908, c. 27, §128; 1919, c. 2, §22; Code 1923, c. 45, §22.)

§7. State Manuals and Other Publications.—From time to time, as may be necessary, the state superintendent of schools shall cause to be prepared and published, for distribution to the proper persons to receive them, manuals of the courses of study prescribed by the state board of education, as provided by section seven, article two of this chapter. It shall be his duty to see that the minimum standards set forth therein shall be maintained in all the several kinds and grades of the public schools throughout the State. It shall also be the duty of the state superintendent of schools to provide for the examination of pupils completing such courses of study and to cause diplomas or certificates to be issued to all persons who satisfactorily complete such courses.

The superintendent shall cause to be printed and distributed from time to time a sufficient number of copies of the school law to supply the needs of school officials and other citizens of the State. He shall cause to be prepared and published a list of books suitable for school libraries, and shall recommend the proper conditions for the purchase and use of such books. Such list shall be distributed among the teachers, principals, and superintendents throughout the State. The state superintendent of schools shall also have authority to publish and distribute such other reports, circulars of information, and bulletins as in his judgment will promote the best interests of the schools.

The expenses of printing all such publications or other documents shall be paid out of the general school fund on warrants drawn by the state superintendent of schools.(1891, c. 63, §11; 1893, c. 26, §11; 1908, c. 27, §§79,129; 1919, c. 2, §23; Code 1923, c. 45, §23.)

§8. Report of State Superintendent.—On or before the first day of November preceding each regular session of the legislature, the state superintendent of schools shall make and transmit a report to the governor, to be transmitted by him to the legislature. Such report shall contain summaries of the annual reports of the county superintendents and such other information about the conditions of the public school system of the State as the superintendent may deem it wise to communicate to the governor and the legislature. The report shall, however, contain such information about the public schools of the State as the governor or the legislature may have previously requested, and shall also include the recommendations of the state superintendent respecting needed legislation on behalf of the schools.(1863, c. 137, §31; 1866, c. 74, §50; 1867, c. 98, §66; Code 1868, c. 45, §66; 1872-3, c. 123, §67; 1881, c. 15, §67; 1908, c. 27, §127; 1919, c. 2, §24; Code 1923, c. 45, §24.)

§9. State Department of Public Schools; Supervisor of Colored Schools; Salary.—For carrying into effect the provisions of this chapter, the state superintendent of schools shall maintain a department of public schools at his office at the state capital, and he shall have authority to appoint assistants and such other employees as may be necessary, including a state supervisor of colored schools, who shall receive a salary of three thousand six hundred dollars per annum and any necessary expenses incident to the performance of his duties, upon presentation of an itemized sworn statement of the same.(1919, c. 2, §25; Code 1923, c. 45, §25; 1929, c. 89, §94.)

§10. Other Powers and Duties of State Superintendent.—The state superintendent of schools shall exercise such other powers and discharge such other duties as are herein assigned to him, or as may from time to time be assigned to him by the legislature and by the state board of education.(1919, c. 2, §26; Code 1923, c. 45, §26.)

§1. Election; Tie Vote; Term of Office; Qualifications; Bond.—The county superintendents of schools elected at the general election in November, nineteen hundred and thirty-four, shall hold office for the full term of four years for which they were elected, and until their successors are elected and qualified according to law.

The county superintendent of schools shall be a resident of the county in which he is elected, and his term of office shall commence on the first day of July next after his election, and continue for four years and until his successor is elected and qualified according to law. He shall immediately, upon receiving the certificate of election from the canvassing board, or the county court, forward a written notice thereof to the state superintendent of free schools.

In case of a tie in the vote for the county superintendent of free schools, the presidents of the various district boards of education shall, at a meeting at the courthouse of the county, called for that purpose by the county superintendent of free schools not less than six days or more than twelve days after the result of such election is ascertained, appoint one of the persons receiving the highest number of votes for that office at such election as county superintendent of free schools, who shall give notice as aforesaid to the state superintendent of his appointment. A notice of such meeting shall be prepared by the county superintendent and served upon the president of each district board of education at least three days before the day of meeting in the manner provided by law for the service of other process.

Only such persons shall be eligible to hold the office of county superintendent as shall, at the time of their election or appointment, possess at least one of the following qualifications:

(a) A life certificate with nine weeks’ training in school administration and supervision;

(b) A supervisor’s certificate;

(c) A diploma of graduation from a standard normal course, or who, in the judgment of the state board of education, have completed work equivalent thereto;

(d) A first grade elementary certificate or its equivalent issued prior to the first day of July, nineteen hundred and twenty-two, with ten years’ experience as a teacher and nine weeks’ training in school administration and supervision. The word year in this connection is to be construed as meaning any number of months, not less than the minimum school term, taught in any calendar year: Provided, That service in the United States army or navy in the world war shall be counted the same as teaching for double the number of years or fraction of years so served.

Before assuming any of the duties of his office, or exercising any authority whatsoever, every county superintendent of schools shall qualify before the clerk of the county court, and he shall also execute with such clerk a bond with approved security in the penalty of one thousand dollars, conditioned as required by law. Such clerk shall, within five days after such qualification and execution of bond, certify to the state superintendent of schools the name of such county superintendent and the fact of his qualifying and executing such bond.

Every county superintendent of schools shall devote his entire time during his term of office to the performance of his duties as superintendent.(1863, c. 137, §18; 1866, c. 74, §30; 1867, c. 98, §51; Code 1868, c. 45, §51; 1872-3, c 123, §§2, 53, 54; 1877, c. 77, §2; 1879, c. 74, §§2, 54; 1881, c. 15, §§2, 53; 1883, c. 74, §2; 1893, c. 26, §2; 1901, c. 69, §53; 1907, c. 58, §53; 1908, c. 27, §§113 115, 117; 1911, c. 65, §117; 1919, c. 2, §31; 1921, c. 5, §31; Code 1923, c. 45, §31.)

§2. Removal.—Upon proper complaint in writing from the state superintendent of schools, or from any officer or citizen of the county, against any county superintendent of schools for immorality, misconduct in office, incompetency, willful neglect of duty, or other good and sufficient cause, the state board of education may, after careful investigation of such complaint, remove any such county superintendent of schools by making known to him in writing, upon not less than ten days’ notice, the charges against him, and by giving him an opportunity to be heard in his own defense, either in person or by counsel.(1863, c. 137, §19; 1866, c. 74, §31; 1919, c. 2, §32; Code 1923, c. 45, §32.)

§3. Compensation.—County superintendents of schools shall receive for their services from the general school fund annual compensation as follows: In counties having fewer than seventy-five schools, twelve hundred dollars; in counties having seventy-five schools but fewer than one hundred schools, thirteen hundred dollars; in counties having one hundred schools but fewer than one hundred twenty-five schools, fourteen hundred dollars; and in counties having one hundred twenty-five schools or more, the county superintendent shall receive fourteen hundred dollars, and in addition thereto three dollars for each school above one hundred twenty-five: Provided, however, That the salary of a county superintendent of schools payable out of the general school fund shall in no case exceed twenty-one hundred dollars per annum.(1863, c. 137, §25; 1866, c. 74, §41; 1867, c. 98, §51; Code 1868, c. 45, §51; 1872-3, c. 123, §54; 1879, c. 74, §54; 1881, c. 15, §53; 1901, c. 69, §53 ; 1907, c. 58, §53; 1908, c. 27, §118; 1911, c. 65, §118; 1919, c. 2, §33; Code 1923, c. 45, §33.)

§4. Payment of Compensation.—The compensation of the county superintendent of schools shall be paid monthly out of the general school fund upon orders drawn by the county superintendent of schools on the state superintendent, who shall, upon receiving the same, issue a requisition upon the auditor therefor, payable to the county superintendent or to his assignee.(1863, c. 137, §25; 1866, c.74, §41; 1867, c. 98, §51; Code 1868, c. 45, §51; 1872-3, c. 123, §54; 1879, c. 74, §54; 1881, c. 15, §53; 1901, c. 69, §53; 1907, c. 58, §53; 1908, c. 27, §120; 1919, c. 2, §34; Code 1923, c. 45, §34.)

§5. County Superintendent as County Financial Secretary; Duties; Office; Compensation.—The county superintendent of schools in each county shall be ex officio county financial secretary of school affairs, and as such officer he shall have the power and authority to perform the duties herein assigned to him.

The county financial secretary shall keep the financial records for all the schools within his county, in the manner and form prescribed by the state tax commissioner under the provisions of article nine, chapter six of this Code. He shall countersign all proper orders issued by the several boards of education within his county before such orders are payable by the sheriff or school treasurer, and shall attend the annual settlements of the sheriff with the county court for the several school funds as provided in section seven, article eight, chapter six of this Code, and, as an aid in making such settlements, shall produce for the inspection of the county court his record of the expenditures authorized by the various district boards of education of the county. He shall at the end of each month deliver to each board of education a summarized statement showing the financial condition of its several school funds, such statement to be in the form prescribed by the state tax commissioner.

No sheriff or school treasurer shall pay any order drawn on any school fund until such order has been countersigned by the county financial secretary. At the end of each month the sheriff or school treasurer shall make a report to the county financial secretary, showing the date, number and amount of each school bond and interest coupon paid during the month.

The county court of every county shall provide at the county seat a suitable office, in the courthouse if there be sufficient room, for the county superintendent of schools, and shall keep the same supplied with the necessary furniture, apparatus, fuel, light, record books, stationery, postage, and such other things as shall be necessary, including janitor service. The county financial secretary shall receive for his services required by this section an annual compensation of seventy-five dollars, except that in counties having more than one hundred teachers employed for at least six months during the year, the annual compensation shall be at the rate of seventy-five cents for each teacher so employed, such compensation to be based on the number of teachers employed during the preceding year, and to be paid monthly on orders issued by the county court drawn on the general county fund.(1913, c. 62, §§149a, 149b, 149c, 149d; 1919, c. 2, §38; Code 1923, c. 45, §38.)

§6. Office and Traveling Expenses.—The county court of each county shall provide proper clerical assistance for the office of the county superintendent of free schools, and pay monthly out of the county fund the salary of the person performing such service, which amount shall be at the rate of three dollars per school: Provided, however, That the amount so paid such assistant shall not exceed twelve hundred dollars per annum in any county. Such clerical assistant shall be appointed by the county superintendent of free schools. The county superintendent of free schools shall be reimbursed for his necessary traveling expenses, such expenses to be paid out of the county fund by the county court upon presentation of sworn itemized monthly statements to such county court: Provided, That such expenses shall not exceed three hundred dollars in any year.(1921, c. 6, §34a; Code 1923, c. 45, §34a.)

§7. General Powers and Duties.—As chief executive school officer in the county, the county superintendent of schools shall see that the school law and the rules of the state board of education are carried into effect, except in independent school districts. He shall explain the true intent and meaning of the school laws and of the rules of the state board of education. He shall decide all controversies and disputes involving the orders of any district board of education in his county, and his decisions shall be final unless the same are appealed within thirty days to the state superintendent of schools. The county superintendent shall also have authority to administer oaths and to examine under oath witnesses in any proceeding pertaining to the public schools of the county and to cause the testimony to be reduced to writing.(1919, c. 2, §35; Code 1923, c. 45, §35.)

§8. Visitation of Schools.—The county superintendent of schools shall visit the schools of his county as often as practicable, shall observe the management and instruction therein, and offer suggestions for the improvement of the same. He shall advise with supervisors, principals, and teachers, shall counsel with district boards of education and school trustees, and shall labor in every way to awaken public interest in the schools and to improve educational conditions throughout the county. Subject to the rules of the state board of education, the county superintendent of schools shall cause the schools of his county to be graded and standardized, and shall see that at least the minimum standards for the courses of study as prescribed by the state board of education are maintained. He shall report to the proper district board of education all cases of incompetency or neglect of duty on the part of any teacher, trustee, or attendance officer, and he shall report to the state superintendent of schools all cases of drunkenness, untruthfulness, immorality or continued neglect of duty on the part of teachers, principals and supervisors, with his recommendations for the proper remedy by the state superintendent. The county superintendent of schools shall also have authority to suspend any teacher whose presence in the school he regards as detrimental to the welfare of the pupils, pending an investigation into the conduct or condition of such teacher by the state superintendent of schools or by his representatives. If the physical conditions in or about any schoolhouse are, in the judgment of the county superintendent of schools, a menace to the health or safety of the pupils of the school, the county superintendent shall have authority to close such school until such conditions are remedied.(1863, c. 137, §21; 1866, c. 74, §33; 1867, c. 98, §52; Code 1868, c. 45, §52; 1872-3, c. 123, §55; 1881, c. 15, §54; 1908, c. 27, §§121,122; 1919, c. 2, §36; Code 1923, c. 45, §36.)

§9. County School Conferences.—The county superintendent of schools shall have authority to call annually, or from time to time as needs may require, conferences of members and secretaries of boards of education or of principals and supervisors of schools in order that he may discuss with them his plans for improving the administration of the school affairs throughout the county. Members of boards, supervisors and principals shall be reimbursed out of the building fund of their respective districts for their actual and necessary traveling expenses incurred in attending one such conference each school year.(1919, c. 2, §37; Code 1923, c. 45, §37.)

§10. Examination by County Superintendent of Reports Made to Him; Annual Report to State Superintendent.—The county superintendent of schools shall receive and revise the reports made to him by the secretaries of the several boards of education of the districts and independent districts, and see that they are complete and in the form prescribed by law or as prepared by the state superintendent of schools; and when deficiencies or errors exist, he shall return such reports to such secretaries and refuse to issue warrants for their salaries until all reports are accurate and complete. From these reports and such other information as he may have the county superintendent of schools shall make a report to the state superintendent of schools on or before the first day of August annually, or as soon thereafter as possible, setting forth in reference to each district and independent district of his county, for the year ending on the thirtieth day of June next preceding, the several particulars required in the blank forms to be furnished to him by the state superintendent of schools. If any county superintendent of schools shall fail to make such report to the state superintendent of schools by the first day of August in any year, the state superintendent shall have authority to withhold the salary of such county superintendent and may deduct three dollars from his salary for every day after the first day of August until the receipt of such annual report.(1863, c. 137, §24; 1866, c. 74, §36; 1867, c. 98, §24; Code 1868, c. 45, §24; 1872-3, c. 123, §22; 1881, c. 15, §22; 1908, c. 27, §123; 1919, c. 2, §39; Code 1923, c. 45, §39.)

§11. Other Powers and Duties.—The county superintendent of schools shall exercise such other authority and perform such other duties as may be prescribed by this chapter, or as may be required by the rules of the state board of education, and he shall have authority to act at his discretion in any cases of emergency affecting the best interests of the schools in his county.(1919, c. 2, §40; Code 1923, c. 45, §40.)

§1. Members; Terms of Office.—In each district there shall be a board of education, which shall consist of a president and two school commissioners, to be elected by the qualified voters of the district. The commissioner who was elected at the general election in nineteen hundred and twenty-eight, and the commissioner and president who were elected at the general election in nineteen hundred and thirty, shall serve the full terms of four years for which they were elected, and until their successors are elected or appointed and have qualified according to law. Their terms of office shall commence on the first day of July next after their election, and shall continue for four years, and until their successors are elected or appointed and have qualified according to law.(1863, c. 137, §2; 1866, c. 74, §2; 1867, c. 98, §§1-3, 5; Code 1868, c. 45, §§1-3, 5; 1872-3, c. 123, §2; 1877, c. 77, §2; 1879, c. 74, §2; 1881, c. 15, §2; 1883, c. 74, §2; 1893, c. 26, §2; 1908, c. 27, §3; 1915, c. 59, §3; 1919, c. 2, §41; Code 1923, c. 45, §41.)

§2. Teaching or Removal From District by Member.—Any member of a board of education who shall be employed to teach in his district, or who shall move to another district, county or state, shall in either case thereby immediately vacate his office.(1908, c. 27, §5; 1919, c. 2, §43; Code 1923, c. 45, §43; 1925, c. 52, §43.)

§3. Oath of Members.—Every president and commissioner of a board of education elected or appointed within the State shall, before exercising any authority or performing any duties of his office, qualify as such by taking and subscribing to the oath of office prescribed by section five of article four of the Constitution, which oath shall be filed with the secretary of the board of education of his district.(1863, c. 137, §3; 1866, c. 74, §3; 1867, c. 98, §4; Code 1868, c. 45, §4; 1875, c. 60, §1; 1879, c. 74, §6; 1908, c. 27, §6; 1919, c. 2, §44; Code 1923, c. 45, §44.)

§4. Meetings; Quorum; Compensation of Members.—The district board of education shall hold its regular meetings on the first Monday in July, the second and fourth Tuesdays in August, and, when the schools are in session, on the fourth Saturday of each calendar month, or other regular day in the fourth week of the month to be agreed upon by the board, all such meetings to be held at a place to be designated by the board at its first meeting held on the first Monday in July in each year. Upon the call of the president or of the two school commissioners boards of education may hold other meetings, but no business shall be transacted at any called meeting except such as may be designated in the call therefor, of which all the members have had notice.

A majority of all the members of a board of education shall constitute a quorum and such board shall not transact any official business except when assembled as a board.

Each member of a board of education shall be entitled to receive, as compensation for his service, three dollars a day for each day spent in the performance of his official duties: Provided, however, That no president of a board of education shall receive pay for more than fifteen days, and no commissioner shall receive pay for more than twelve days, in any year.(1872-3, c. 123, §6; 1879, c. 74, §6; 1881, c. 15, §6; 1882, c. 101, §6; 1893, c. 26, §6; 1901, c. 70, §6; 1905, c. 69, §6; 1908, c. 26, §6; 1908, c. 27, §§32, 33; 1919, c. 2, §45; Code 1923, c. 45, §45.)

§5. Corporate Character and General Powers of District Boards; Exemption of School Property From Legal Process and Taxes.—The board of education of each district shall be a corporation by the name of “The board of education of the district of..............in the county of ..........,” and as such may sue and be sued, plead and be impleaded, contract and be contracted with. It shall succeed and be subrogated to all the rights of former district boards of education, and may institute and maintain any and all actions, suits and proceedings now pending or which might have been brought and prosecuted in the name of any such former board of education for the recovery of any money or property, or damage to any property, due to or vested in such former board, and shall also be liable in its corporate capacity for all claims legally existing against the board of education of which it is successor. Such board shall, according to law, hold and dispose of any real estate or personal property belonging to such corporation or its predecessors, or that may hereafter come into its possession. Such board shall receive, hold and dispose of, according to law and the intent of the instrument conferring title, any gift, grant, devise, or bequest. All schoolhouses, school sites, and other property belonging to any board of education and used for school purposes shall be exempt from execution or other process, and free from lien or distress for taxes or for county or state levies.(1863, c. 137, §§4, 50; 1866, c. 74, §§4, 20; 1867, c. 98, §§5, 6, 40; Code 1868, c. 45, §5, 6, 40; 1872-3, c. 123, §7, 37; 1877, c. 31, §7; 1879, c. 74, §7; 1881, c. 15, §§7, 37; 1882, c. 147, §7; 1908, c. 27, §§7-9; 1919, c. 2, §46; Code 1923, c. 45, §46.)

§6. Validation of Land Titles by Possession of District Board.—Any land or school sites which for five years have been in the undisputed possession of any district board of education, and which are still in such possession, and to which title cannot be shown by any other claimant, shall be the property of the board of education of the district in which any such lands may lie, and the title thereto shall be vested in such board and their successors in office, to be held and used for school purposes, subject to the provisions of section eight of this article.(1919, c. 2, §47; Code 1923, c. 45, §47.)

§7. Sale of School Property; Oil or Gas Lease.—It shall be the duty of every district board of education to ascertain, at the beginning of each school year, the physical condition of all school buildings in its district and the necessity of the same for school purposes, and such buildings as, in the judgment of the board, are properly located and suitable, or can with reasonable expense be rendered suitable, for school purposes shall, if necessary for carrying on the schools, be retained. All other buildings, together with lands held in connection therewith, shall, with the consent of the county superintendent of schools, be sold at public auction to the highest responsible bidder by the board of education on proper legal notice and on such terms of sale as the board may order, and the proceeds of such sale shall be placed to the credit of the building fund of the district: Provided, That in rural districts the grantor of such lands, his heirs or assigns, shall have the right, at such sale, to purchase said land, exclusive of mineral rights and buildings thereon, at the same price for which it was sold, plus legal interest. The board, with the consent of the county superintendent and by the same method prescribed for the sale of school buildings and lands, may also lease for oil or gas or other minerals any lands or school sites owned in fee by it, the rental or other proceeds of any such lease to be placed to the credit of the new building fund of the district.(1863, c. 137, §46; 1866, c. 74, §16; 1867, c. 98, §36; Code 1868, c. 45, §36; 1872-3, c. 123, §33; 1881, c. 15, §33; 1905, c. 70, §33; 1908, c. 27, §10; 1919, c. 2, §48; 1921, c. 12, §48; Code 1923, c. 45, §48.)

§8. School Sites; Condemnation; Approval of Site.—The board of education of every district and independent school district shall provide by purchase, condemnation or otherwise, such lands as may be necessary for school buildings, playgrounds, experiments in agriculture, and other educational purposes, and shall have authority to make the necessary expenditures for the improvement of such lands.

If the owner or owners refuse to sell any land selected by a board of education or a county superintendent as a location for a schoolhouse and other necessary buildings, or for enlarging a schoolhouse lot, or for any other educational purpose, or if such owner demand an unreasonable price therefor, or is non compos mentis, a minor, or a nonresident, the board of education may petition the circuit court to have such land condemned, and proper proceedings shall thereupon be had in the name of such board for the condemnation thereof, in the manner provided in chapter fifty-four of this Code: Provided, That the land so taken shall not exceed in quantity five acres.

Except in independent school districts, no lands may be purchased by any board of education, or condemned by any circuit court, unless such lands have first been approved, for the purpose or purposes intended, by the county superintendent of schools, in writing. A board of education shall not spend public school funds for the erection of schoolhouses or other buildings for educational purposes on lands to which the board does not possess legal title or other instrument of possession approved by the county superintendent of schools.(1863, c. 137, §§7, 49; 1866, c. 74, §§7, 19; 1867, c. 98, §§37, 39; Code 1868, c. 45, §§37, 39; 1872-3, c. 123, §§34, 36; 1881, c. 15, §§34, 36; 1908, c. 27, §§13, 15; 1919, c. 2, §49; Code 1923, c. 45, §49.)

§9. Buildings and Equipment; Approval of a Location and Plans.—The board of education of every district and independent school district shall provide by purchase, lease, building, or otherwise a sufficient number of suitable schoolhouses and other buildings to meet the educational needs of its district. The board shall also provide such furniture, fixtures, and apparatus for such schoolhouses and other buildings as may be necessary for the effectiveness of the schools and for the convenience, health and cleanliness of the pupils thereof, including fuel and other necessary supplies, and shall cause the school grounds, schoolhouses, and the furniture, fixtures, and apparatus therein to be kept in good order and repair, and may provide for medical and dental clinics.

No schoolhouse or other school building shall be constructed by any board of education, except in independent districts, until the location therefor has first been approved by the county superintendent of schools, nor until the plans for such building have first been approved in writing by the state board of education or its agent. In the event the board cannot agree upon the location or plans of any proposed school building, the county superintendent shall select the location and the plans for such building. Proposed repairs upon old buildings or the remodeling of the same, costing in excess of two hundred dollars for any building, shall not be made by a board of education, except in independent districts, without the written approval of the county superintendent of schools; and no purchase of school furniture, fixtures, equipment, library books, or supplies costing in excess of fifty dollars shall be made by such board of education without the written approval of the superintendent. The county superintendent of schools shall also have authority to require that any district board of education shall submit for his approval any contract about to be made by such board involving an expenditure from the building fund of the district, if the amount of such contract is in excess of three hundred dollars.

The county superintendent of schools may, as county financial secretary, refuse to countersign any orders which may be issued by any board of education in violation of the provisions of this or any other section of this chapter requiring his approval.(1863, c. 137, §§7, 44, 47; 1866, c. 74, §§7, 14, 17; 1867, c. 98, §§37, 38; Code 1868, c. 45, §§37, 38; 1872-3, c. 123, §34, 35; 1881, c. 15, §34, 35; 1908, c. 27, §§13, 14; 1919, c. 2, §50; Code 1923, c. 45, §50.)

§10. Inspection by State Board of Education of Plans and Specifications for Buildings.—The state board of education shall have authority to require that the plans and specifica tions for any and all school buildings to be erected in school districts and in independent school districts having a population of less than five thousand shall be submitted to said board or its agent for approval. It shall be the duty of the state board of education to see that all such plans and specifications comply with all the requirements of law relating to the erection of school buildings.(1919, c. 2, §10; Code 1923, c. 45, §10.)

§11. Joint Buildings.—District boards of education in adjoining districts may jointly provide for the construction of schoolhouses and the teaching of school therein for the attendance of pupils in adjoining portions of such districts, whether in the same or different counties, who may be better accommodated by such union of schools. The title to any such joint schoolhouse shall be vested in the board of education of the district in which such schoolhouse is located, and the terms of the agreement shall be reduced to writing and entered of record in the minutes of each board concerned. Such schoolhouse shall be provided with furniture, fixtures, and such other apparatus and equipment as are supplied to schoolhouses generally, and an equitable amount of the cost thereof shall be apportioned to each district affected by such union, and the same shall be paid by each board in the manner of payment of other school expenses within its own district.(Code 1868, c. 45, §37; 1872-3, c. 123, §34; 1881, c. 15, §34; 1908, c. 27, §18; 1919, c. 2, §51; Code 1923, c. 45, §51.)

§12. Bond of Contractors.—Boards of education shall in all cases require persons entering into contract for the building or repairing of schoolhouses, where the contract price exceeds one hundred dollars, to execute bond, with approved security, in double the amount of the contract price.(Code 1868, c. 45, §37; 1872-3, c. 123, §34; 1881, c. 15, §34; 1908, c. 27, §19; 1919, c. 2, §52; Code 1923, c. 45, §52.)

§13. General Control of Schools; Consolidation; Transportation of Pupils; Provision for Children Residing More Than Two Miles From a School.—In accordance with the provisions of this chapter and subject to the rules and regulations of the state board of education, every district board of education shall have general control and management of all the schools and the school interests of its district. It shall have authority to change the boundaries of subdistricts and to increase or diminish the number thereof; and it shall, as hereinafter provided, establish high schools. The board shall have authority to close any schools which may be unnecessary and assign the pupils of such schools to other schools, and to consolidate two or more small schools into central graded schools to be known as “consolidated schools,” and to provide a building with all necessary equipment therefor. The board shall also have authority to provide at public expense for the transportation of pupils to and from such consolidated schools, or other schools where transportation of pupils may be necessary; but such transportation shall be in accordance with the rules and regulations of the state board of education relating thereto. The board may close any elementary school whose average daily attendance falls below ten pupils for two months in succession, and shall thereupon direct the pupils affected thereby to attend, if possible, another school or other schools in the same or in adjoining districts or independent districts, whether in the same or in adjoining counties, and the teacher of any school so closed or abandoned shall receive no further compensation as teacher of such school. Whenever any child or group of children of school age shall, by reason of the provisions of this chapter, or for any cause whatsoever, be without opportunity to attend a free school, as provided by law, within two miles of their homes by the shortest available road or path, the board of education of the district in which such child or group of children reside shall employ such means as to the board may seem best to provide educational opportunities for such child or group of children, and shall expend for such purpose an amount not to exceed the proportion of all the school funds of the district that such child or group of children would be entitled to receive if all such funds were distributed equally among all the children of school age in the district upon a per capita basis, such expenditure to be made according to such rules and regulations as the district board may make therefor.(1863, c. 137, §7; 1866, c. 74, §21; 1867, c. 98, §§10,13; Code 1868, c. 45, §§10, 13; 1872-3, c. 123, §9; 1879, c. 74, §9; 1881, c. 15, §9; 1908, c. 27, §§11, 68; 1915, c. 58, §§11, 68; 1919, c. 2, §58; Code 1923, c. 45, §58; 1927, c. 9.)

§14. Schools for Colored Pupils.—White and colored pupils shall not be taught in the same school, or in the same building, but it shall be the duty of the board of education to establish one free school, or more if necessary, in any subdistrict wherein there are ten or more colored persons of school age, and, if practicable, in any district wherein there are fewer than ten. For the purpose of carrying out this section the board of education may establish schools composed of pupils from adjacent districts in the manner provided in section sixteen of this article for white pupils.

Whenever, in any school district, the benefit of a free school education is not secured to the colored children of school age residing therein in the manner mentioned in this section, the funds applicable to the support of the free schools in such district shall be divided by the board of education in the proportion which the number of colored children bears to the number of white children therein, according to the last enumeration made for school purposes, and the share of the former shall be set apart for the education of colored persons of school age in such district, and applied for the purpose from time to time in such way as the board of education may deem best. Any board of education failing to comply with this section may be compelled to do so by mandamus.(1863, c. 137, §17; 1866, c. 74, §26; 1867, c. 98, §§19, 20; Code 1868, c. 45, §§19, 20; 1872-3, c. 123, §§17, 18; 1881, c. 15, §§17, 18; 1901, c. 73, §17; 1908, c. 27, §§70, 71; 1919, c. 2, §67; Code 1923, c. 45, §67; 1929, c. 35, §67.)

§15. Minimum School Term; Extension; Levy.—The board of education of every district and independent district shall provide in the schools of its district a minimum school term of one hundred and sixty days in each year, but the board of education of any district or independent school district shall have authority to extend such minimum school term in any year for as many additional days as the board may determine. If the proceeds of the regular levies authorized by law are insufficient to enable the board of education of any district to extend the term of school for a longer term than the minimum herein provided, such board may, at any general election or at a special election, if petitioned so to do by at least fifty taxpayers in any district, submit to the qualified voters of the district the question of laying an additional levy for such extension of the school term. If at any such election a majority of the votes cast on the question are in favor of such additional levy, it shall then be the duty of the board of education to make such extension and to lay on all the assessed valuation of property in the district such additional levies as may be necessary to pay the additional cost of the same. The term of school fixed by such election shall continue from year to year so long as a majority of the votes cast at the election at which the question of “school levy” is submitted be in favor of such “school levy,” or until the term so fixed shall be changed by a majority vote of the people in such district. The schools shall be open to all youths between the ages of six and twenty-one for the full length of the school term provided in their district.(1872-3, c. 123, §41; 1881, c. 15, §41; 1891, c. 60, §41; 1895, c. 43, §41; 1908, c. 27, §27; 1919, c. 2, §54; Code 1923, c. 45, §54.)

§16. Transfer of Pupils; Tuition.—The board of education of every district and independent district shall determine what schools in its district the pupils shall attend. But upon the written request of any parent, guardian or other person legally responsible for any pupil or pupils, the board of education may transfer such pupils to another school in the district, or to a school in an adjoining district or independent district, or to another state, if it can be shown that such pupils will be better accommodated at such other school. Any person aggrieved by such action of a district board of education regarding such application for transfer of pupils may appeal to the county superintendent of schools, whose decision shall be final.

Transfers of pupils from one district or independent district to another, whether in the same or in adjoining counties, shall be made by the board of education of the district in which the pupil or pupils desiring to be transferred reside, and the same shall be subject to the approval of the board of education of the district or independent district in charge of the schools to which such pupil or pupils wish to be transferred. In all cases of transfer of pupils, either to elementary schools or to high schools, the board of education of the district making such transfer shall pay to the board of education to which such transfer is made reasonable tuition fees, which for elementary schools shall not exceed two and one-half dollars a month, and which for high schools shall not be less than two and one-half nor more than ten dollars a month, but in no instance shall the fee be more than the actual cost of such instruction, the same to be paid out of the teachers’ fund of the one district to the teachers’ fund of the other; and no board of education of any district or independent district shall be required to pay any further or additional sum or fees for such tuition. No parent, guardian, or person acting as such parent or guardian, shall be required to pay any sum whatever for such transfer or for the tuition of such pupil after such transfer. In all cases of transfer of pupils, either to elementary schools or to high schools, the board of education in the district or the independent district maintaining such schools, which are to be attended by the pupils legally transferred from another district or independent district in this or another state as herein provided, shall properly certify to the board of education of the district or independent district in which such pupils reside the names of all such pupils, the length of time which the same are certified. All tuition fees therefor, which tuition fees shall, within thirty days after being so certified, be paid to the district maintaining such school by the district to which the same are certified. All tuition fees shall be paid out of the teachers’ fund of the one district to the teachers’ fund of the other district.

Transfer of pupils from this State to another state shall be upon such terms as shall be mutually agreed upon by the board of education of a district from which the transfer is made and the school authorities having control of the school to which the transfer is made, and shall be based upon the per capita cost for the preceding year of class room instruction, janitor’s services, heat, light and water.(1863, c. 137, §8; 1866, c. 74, §24; 1867, c. 98, §14; Code 1868, c. 45, §14; 1872-3, c. 123, §12; 1877, c.77, §12; 1881, c. 15, §12; 1908, c. 27, §§66, 67; 1919, c. 2, §59; Code 1923, c. 45, §59; 1925, c. 51, §59.)

§17. Standard Schools; Classification of and State Aid for.—Any one-room school or consolidated school wholly without an independent district which meets the requirements hereinafter provided shall be designated as a standard school.

It shall be the duty of the state board of education to fix the requirements for the standardization of one-room schools and consolidated schools, and it shall be the duty of the state superintendent of schools to publish such requirements, and forward the same, together with a copy of this section, to the district boards of education, county superintendents and other school officers.

It shall be the duty of the state superintendent of schools to classify the schools which meet the requirements for standardization. Standard one-room schools shall be classified as first class and second class. Standard consolidated schools shall be classified as first class and second class.

The standard schools shall receive state aid as follows: First class one-room, one hundred and twenty dollars per year; second class one-room, one hundred dollars per year; first class consolidated school, four dollars per pupil, to be paid on average daily attendance, the total amount not to exceed eight hundred dollars; second class consolidated school, three dollars per pupil, which shall be based on average daily attendance, the total amount not to exceed six hundred dollars. The state aid for the standard schools shall be paid out of the general school fund to the funds of the district wherein the schools are located. The state superintendent of schools shall annually deposit with the treasurer of the district board of education the amount provided for the benefit of each approved standard school as herein provided.(1921, c. 3, §58a; Code 1923, c. 45, §58a.)

§18. Kindergartens.—The board of education of any district or independent district may establish, in connection with the schools of such district, kindergarten classes to which may be admitted children between the ages of four and six years. Persons employed as teachers in such kindergarten classes shall be required to hold special kindergarten certificates which shall be issued by the state superintendent of schools under regulations prescribed by the state board of education.(1899, c. 41, §§1, 2; 1908, c. 27, §34; 1919, c. 2, §60; Code 1923, c. 45, §60.)

§19. Night Schools and Other School Extension Activities: Use of School Property for Public Meetings, Etc.—The board of education of any district or independent district shall have authority to establish and maintain evening classes or night schools, continuation or part-time day schools, and vocational schools, wherever practicable to do so, and shall admit thereto adult persons and all other persons, including persons of foreign birth, but excepting children and youth who are required by law to attend day schools. Boards of education shall have the authority to use school funds for the financial support of such schools and to use the schoolhouses and their equipment for such purposes. Any such classes of schools shall be conducted in accordance with the rules and regulations of the state board of education.

The board of education of any district or independent district shall have authority also to provide for the free, comfortable and convenient use of any school property to promote and facilitate frequent meetings and associations of the people for discussion, study, recreation and other community activities, and may secure, assemble and house material for use in the study of farm, home and community problems, and may provide facilities for the dissemination of information useful on the farm, in the home, or in the community.(1872-1873, c. 123, §15; 1881, c. 15, §15; 1891, c. 51, §15; 1908, c. 27, §62; 1917, c. 74, §78a; 1919, c. 2, §61; Code 1923, c. 45, §61.)

§20. School Libraries; Librarian.—The board of education of every district and independent district may provide libraries for their schools and may purchase books, bookcases and other things necessary therefor, and shall pay the costs of such libraries out of the school funds of their districts. Books so purchased, except in independent school districts and in high schools, shall be selected from an approved list to be prepared and published from time to time by the state superintendent of schools; but books not included in such list may be purchased upon the written approval of said superintendent.

Boards of education of such districts shall have authority to employ, during the vacation period, a librarian for any school having fifty volumes or more, and to pay such librarian out of the school funds of the district an amount not to exceed one dollar a day for each day such library is kept open by order of the board. Any librarian so appointed shall keep the library open at least one day a week, at which time the patrons and pupils of the school may draw books from the library under such rules and regulations for the care and return thereof as the board may make.(1908, c. 27, §§37, 38; 1919, c. 2, §62; Code 1923, c. 45, §62.)

§21. Free Textbooks.—The board of education of any district or independent district may purchase the necessary textbooks prescribed to be used in the free schools under its control, and furnish the same free to the pupils of such schools, or to pupils whose parents, in the judgment of the board, are financially unable to provide such books. If the board of education determines to purchase and furnish such free textbooks, it shall enter an order to that effect upon its records, and shall cause such books to be purchased and kept in charge by the secretary and furnished to the pupils of free schools of its district as hereinafter provided. All such books shall be purchased by the board of education directly from the publisher contracted with, as prescribed by law, and at the net wholesale price.

At the commencement of every term of the free schools in such district the secretary shall deliver to the teachers thereof such books as may be necessary for the use of the several pupils therein for the ensuing term of school, and take from them receipts showing the number and kind of books so received. It shall be the duty of such teachers to take charge of such books and to distribute them among the pupils of their schools as needed, and such teachers shall have and exercise general control over such books during such term, and at the close thereof and before they receive an order for salary for the last month of such term shall collect and gather together all the books so used during the term and deliver them to the secretary of the board of education: Provided, That if any of the books delivered to any pupil of such district shall be unnecessarily injured or destroyed, they shall be replaced by the pupil who injured or destroyed them: Provided further, That the teacher shall be allowed pay for a period of two days at the same rate of pay for which he is teaching, and also shall be furnished means of transportation for going after and returning the textbooks to the school, the same to be paid out of the building fund of the district in which he teaches, on the return of the books to the school board’s depository.(1903, c. 28. §§1-4; 1908. c. 27, §§35, 36; 1919, c. 2, §65; Code 1923, c. 45, §65.)

§22. Medical and Dental Inspection; School Nurses.—Boards of education of independent school districts shall, and boards of education of districts may, provide proper medical and dental inspection for all pupils attending the schools of their districts.

Boards of education of districts and independent districts shall also have authority to employ school nurses and to take any other action necessary to protect the pupils from infectious diseases, including the authority to require from all teachers employed in their districts certificates of good health and of physical fitness for the work of instruction in the schools.(1911, c. 31; 1919, c. 2, §64; Code 1923, c. 45, §64.)

§23. Dental Clinics and Treatment.—The board of education in any school district or independent school district may, in its discretion, establish and maintain dental clinics or courses for teaching mouth hygiene; and may provide for and furnish treatment, if requested by the parent or guardian or deemed necessary by the board of education, of children who have defective teeth or mouth conditions, and who shall be found by such board of education, or persons deputized for that purpose, to be unable otherwise to procure such treatment. Any expense incurred in connection therewith shall be paid out of the maintenance building fund of said district.(1921, c. 139; Code 1923, c. 45, §64a.)

§24. Purchase and Display of United States Flag; Penalty for Failure to Display.—Every board of education shall, out of the building fund, purchase United States flags, four by six feet, of regulation bunting, for schoolhouses in its district, and require the same to be displayed from the schoolhouses during the time the school is in session, except in inclement weather. And it shall be the duty of the teacher, custodian or other person in charge of such building during the session to see that this flag is displayed on the schoolhouse as herein provided, and for failure to comply with this duty such person in charge shall forfeit the sum of fifty cents per day for each day such failure shall continue, payable from the salary of such person to the building fund.(1901, c. 12, §§1, 2; 1908, c. 27, §162; 1919, c. 2, §63; Code 1923, c. 45, §63; 1923, c. 7, §63.)

§25. Secretary of District Board; General Duties.—The district board of education, at its first meeting to be held on the first Monday in July of each year, shall appoint a secretary, who shall not be a member of the board, and who shall, before entering upon the discharge of his duties, take the oath prescribed by law, and shall attend all meetings of the board, and record its official proceedings in a book kept for that purpose, showing the number of each order issued, the name of the payee, the purpos£ for which issued, and the amount thereof, which record shall be attested by his signature and the signature of the president of the board. He shall have the care and custody of all papers belonging to the board, including evidences of title, contracts and obligations, and shall preserve the same in his office properly arranged for reference; and he shall record and keep on file in his office such papers and documents pertaining to the business of the board, and keep such accounts and prepare and certify such reports and writings as the law may require or the board direct, all of which records, papers, contracts, documents and other property pertaining to his office shall be immediately delivered in proper condition to his successor in office. Whenever any orders are drawn on the sheriff or school treasurer, the secretary shall immediately make up a list of such orders, showing the number of each order, the name of the payee, and the amount, which list, together with such orders, shall be delivered to the county financial secretary for his signature and proper record. Such orders shall then be delivered by the county financial secretary to the persons entitled to the same.(1863, c. 137, §5; 1866, c. 74, §5; 1867, c. 98, §8; Code 1868, c. 45, §8; 1872-3, c. 123, §8; 1879, c. 74, §8; 1881, c. 15, §8; 1893, c. 26, §8; 1908, c. 27, §45; 1913, c. 62, §45; 1919, c. 2, §69; Code 1923, c. 45, §69.)

§26. Abstract of Proceedings of Board.—The secretary of the board of education of each district shall, within three days after each meeting of the board of education, post an abstract of the proceedings thereof at the front door of the place of meeting.(1872-3, c. 123, §8; 1879, c. 74, §8; 1881, c. 15, §8; 1893, c. 26, §8; 1908, c. 27, §46; 1919, c. 2, §70; Code 1923, c. 45, §70.)

§27. Administration of Oaths.—The secretary of the board of education shall have authority to administer oaths to school officers and to teachers or others making reports.(1879, c. 74, §8; 1881, c. 15, §8; 1893, c. 26, §8; 1908, c. 27, §47; 1919, c. 2, §71; Code 1923, c. 45, §71.)

§28. Salaries of Secretaries.—Secretaries of district boards of education shall receive annually as compensation for their services the following amounts: In districts having fewer than fifteen schools, forty dollars; in districts having as many as fifteen but fewer than twenty-five schools, seventy-five dollars; in districts having as many as twenty-five but fewer than fifty schools, one hundred dollars; and in districts having fifty schools or more, one hundred and twenty-five dollars, and in addition two dollars for each school over fifty. Such compensation shall be paid in four equal installments on the first day of October, January and April and on the twentieth day of July; but the last named installment shall not be paid until all reports have been made and duties performed as required by law for the preceding year: Provided, That in any magisterial district which has an assessed value of property therein of fifteen million dollars or more, and in which there are more than one hundred and twenty-four schools, the board of education of such district may pay to the secretary thereof a compensation to be fixed by it, not, however, to exceed the sum of fifteen hundred dollars for each year, payable in monthly installments.(1863, c. 137, §5; 1866, c. 74, §5; 1867, c. 98, §8; Code 1868, c. 45, §8; 1872-3, c. 123, §8; 1879, c. 74, §8; 1881, c. 15, §8; 1893, c. 26, §8; 1908, c. 27, §52; 1919, c. 2, §76; 1921, c. 7, §76; Code 1923, c. 45, §76.)

§29. Report by Secretary to County Superintendent.—From the reports of trustees, the teachers’ registers, the annual settlement with the sheriff, and from such other information as he may be able to obtain, the secretary shall make a tabular report to the county superintendent, on or before the twentieth day of July annually, showing all the statistics and other facts required in the blanks furnished by the state superintendent, and such explanations and remarks as he may deem pertinent.(Code 1868, c. 45, §23; 1872-3, c. 123, §21; 1881, c. 15, §21; 1908, c. 27, §51; 1919, c. 2, §75; Code 1923, c. 45, §75.)

§30. Other Duties of Secretaries.—The secretary of the district board of education shall exercise such other authority and perform such other duties as may be prescribed by law.(1919, c. 2, §77; Code 1923, c. 45, §77.)

§31. Trustees for Subdistricts; Janitors; Compensation.—The board of education of any district may, in its discretion, appoint one school trustee for each subdistrict in its district, or for any one or more of such subdistricts, to be custodian of the school properties therein. If any board of education decides to exercise the authority herein given to it to appoint trustees, it shall at its first regular meeting in any year appoint as trustee for such subdistrict a responsible citizen thereof, for a term of one year from the date of his appointment. The district board may at any time, for neglect of duty or for other good cause, remove any trustee so appointed by serving notice upon him of his removal, and may appoint his successor for the unexpired term.

A board of education may appoint three trustees for each subdistrict in its district, who, when appointed, shall be the custodians of the school property therein and shall have the authority to appoint and contract with teachers in their respective subdistricts, but such appointments shall be made at a meeting to be held on the third Monday in July of each year, or as soon thereafter as practical, and under the conditions provided by law for contracting with teachers. Such trustees in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. At its first meeting on the first Monday in July next after this Code takes effect, and at its first meeting annually thereafter, the board of education shall appoint one such trustee for a term of three years, who shall hold office until his successor is appointed and qualified. The trustees so appointed shall exercise the same right and authority over their respective subdistricts as is exercised by the board of education when no trustees are appointed therein, but shall be subject to removal by the board of education at any time for neglect of duty or misconduct in office. The act of removing any trustee by a board of education as aforesaid shall be final.

A school trustee shall be under the immediate direction of the board of education of his district, or of its authorized executive officer. He shall receive no salary or other emolument in recognition of his services as school trustee, but if, while performing any duty imposed upon him by an order of the board of education of his district, he incurs any expense, he shall be reimbursed therefor out of the building fund of the district, and if he is required to perform any labor by an order of the board, he shall be allowed a reasonable compensation for the time actually and necessarily spent at such labor.

Said board shall also have authority to appoint janitors for school buildings and to pay such janitors out of the building fund an amount not to exceed two dollars per week for each class room in use in such building: Provided, however, That the maximum of two dollars per week for janitor service shall not apply in independent districts or in graded and high schools of more than four rooms.(1866, c. 74, §§21, 25; 1867, c. 98, §§13,15; Code 1868, c. 45, §§13, 15; 1872-3, c. 123, §§2, 5, 12, 13; 1877, c. 77, §§4, 12, 13; 1879, c. 74, §4; 1881, c. 15, §§4, 12, 13; 1891, c. 60, §13; 1893, c. 26, §13; 1901, c. 71, §13; 1908, c. 27, §§53, 54, 56, 65; 1919, c. 2, §53; Code 1923, c. 45, §53.)

§32. District Supervisor; Qualifications; Duties.—The board of education of every district in the State shall have authority to appoint for its district a district supervisor of schools and to fix his salary. The salary of a district supervisor shall be paid monthly out of the teachers’ fund of the district. Such board may, subject to the written approval of the county superintendent of schools, appoint one or more assistant district supervisors in districts in which fifty or more principals and teachers are employed. The board of education of any district may employ a district supervisor for as many months longer than the regular school term as may be necessary for him to supervise the construction of new buildings, the repairing of old buildings, the improvement of school grounds, and to do such other work as may be approved by the board. The board may also cooperate with the extension division of the college of agriculture of West Virginia university in employing the district supervisor or another person as agricultural club agent for the organization and direction of boys’ and girls’ agricultural clubs in the district; but any district supervisor so appointed shall be under the authority and direction of the board of education of the district, and he shall in no case neglect the work of supervising the schools and of performing his other duties as district supervisor. Two or more districts in the same county or in adjoining counties may appoint a district supervisor jointly, the apportionment of the salary and of the time of such supervisor to be arranged according to the number of schools in each district.

No person shall be eligible for appointment as district supervisor who does not hold a valid supervisor’s certificate or its equivalent, as defined by the state board of education, and who is not also a graduate of a standard normal school, or who has not had other academic and professional training approved by the state board of education as equivalent in all respects to graduation from a standard normal school: Provided, That any person holding a first grade teacher’s certificate, who has had successful experience in supervising schools, and who shall attend a state normal school, or some other school approved by the state board of education, for a period of six weeks in each year, may, upon the recommendation of the state board of education, be granted by the state superintendent a provisional license to act as district supervisor: Provided further, That the holder of a life certificate shall be eligible for appointment as district supervisor.

The district supervisor shall be the executive officer of the board of education of his district. He shall attend all the meetings of the board, except when his appointment, tenure or salary is the order of business, and he shall have the privilege of the floor, but he shall have no vote. From a list of applicants in the hands of the board of education the district supervisor shall have authority to recommend for appointment by the board a sufficient number of principals and teachers for the schools of the district, except in incorporated towns and cities where superintendents are appointed by the board, and he shall have authority to assign to their respective posts of duty all principals and teachers so appointed. The supervisor shall visit the schools of his district as often as possible, and shall see that the school laws are enforced, that minimum standards of the courses of study prepared by the state board of education are maintained, and that all the laws and rules of the state board of education relating to the health of school children are observed. He shall supervise the methods of instruction in the schools and offer such suggestions to teachers as he may deem expedient, and he shall have authority to call meetings of the teachers as often as practicable. He shall make such reports as the state superintendent of schools mav require.(1908, c. 27, §163; 1919, c. 2, §56; 1921, c. 17, §56; Code 1923, c. 45, §56.)

§33. Boards of Education to Fix Salaries.—Boards of education shall have authority to fix special schedules of salaries to be paid to superintendents, principals, supervisors, and all other employees who are not employed as teachers; and to fix the salaries of teachers.(1919, c. 2, §55; 1921, c. 8, §55; Code 1923, c. 45, §55.)

§34. Other Duties of District Boards.—The district board of education shall exercise such other authority and perform such other duties as may be prescribed by law or by the regulations of the state board of education.(1919, c. 2, §68; Code 1923, c. 45, §68.)

§1. District High Schools.—If the board of education of any district, or independent district, deems it expedient to establish a high school in each district, it shall submit the question to the voters of the district at a general or special election in the manner following: The board shall prepare and sign a notice setting forth the kind of school proposed, the estimated expense of establishing the same, including cost of site, building, furniture, books and apparatus, and the estimated annual expense of supporting the school after it is in operation, with such other information concerning it as the board may deem proper; and stating that the question of authorizing the establishment of such high school shall be submitted to the voters of the district at the election specified in the notice. Such election shall be held according to the provisions of section two, article nine of this chapter. The ballots used in voting on the question of establishing a district high school shall have printed thereon the phrase “For district high school” and the phrase “Against district high school.” If it is found by the results of such election that a majority of the voters who voted on the question are in favor of authorizing the establishment of a district high school, the board of education of the district shall, at the proper time, proceed to lay the necessary levies therefor, as provided by law, and to obtain a site or sites, erect, furnish and equip a building or buildings for high school purposes, and employ the necessary teachers therefor. Every district and independent district high school which may be established under the provisions of this section, and every district and independent district high school lawfully established when this Code goes into effect, shall be under the control and management of the board of education of the district or independent district in which such high school is located, and shall be supported by a levy laid for that purpose by such board of education according to law, and by such other revenues as may be in the high school fund of the district.(1863, c. 137. §§10-12; 1866, c. 74, §§9-11; 1867, c. 98, §26; Code 1868, c. 45, §26; 1872-3, c. 123, §24; 1881, c. 15, §24; 1908, c. 27, §30; 1911, c. 68, §30; 1915, c. 61, §30; 1919, c. 2, §78; Code 1923, c. 45, §78.)

§2. Joint District High Schools.—The boards of education of two or more contiguous districts, or contiguous districts and independent districts, in the same or adjoining counties may, if authorized so to do by a vote of the people of each of such districts, establish and maintain jointly a high school in any one of such contiguous districts. The building or buildings for such joint high school, if any are to be erected, and the site therefor, shall be owned jointly in proportion to the amount contributed by the districts so uniting. The boards of education of such districts shall submit the question to the voters of the respective districts at a general or special election in the manner required by section two, article nine of this chapter.

The boards of education of the districts proposing to unite shall meet and determine the location of the proposed school, the estimated amount to be contributed toward the establishment and yearly maintenance of the school by each district, the total cost thereof to be apportioned among the districts uniting on the basis of their respective valuations of taxable property, which agreement shall be reduced to writing and entered of record in the minute books of the respective boards, and the substance of which shall be made a part of the statement to the voters as hereinbefore provided.

The control and management of such joint high school, after the same is established, shall be vested in the boards of education of the several districts so uniting, to be exercised in joint session. When the boards sitting in such joint session are of districts in the same county, the county superintendent of schools shall be ex officio a member and chairman thereof, and as such shall be entitled to vote and participate in the control and management of such joint high school. When such boards are of districts in adjoining counties, the county superintendents of such adjoining counties shall be ex officio members of such joint session with the rights and privileges belonging to other members thereof; but a chairman shall be elected by the members of the joint session from among their number. There is hereby conferred upon each board of education full authority for the establishment and maintenance of such joint high school, the election to be held and the result to be ascertained as provided in section two, article nine of this chapter, and all of the provisions of said section, so far as the same are applicable, are made applicable to the establishment and maintenance of such joint high school, except that a majority of the voters of each district shall be sufficient to authorize the establishment of such high school.

Such boards of education, in joint session as herein provided, may authorize the teaching of elementary pupils in such high school building, upon such terms for the use of the building as they may determine.(1867, c. 98, §§28, 29; Code 1868, c. 45, §§28. 29; 1872-3, c. 123, §§26, 27; 1881. c. 15, §§25, 26; 1889, c. 25, §26; 1913, c. 60, §30 1/2; 1919, c. 2, §79; 1921, c. 13, §79; Code 1923, c. 45, §79.)

§3. Classification of High Schools; State Aid.—All junior high schools and senior high schools which are a part of the free public school system of the State and all secondary school departments of state-supported institutions shall be approved, classified and rated by the state superintendent of free schools according to the rules and regulations prescribed by the state board of education.

To assist in the maintenance of all junior high schools, senior high schools and secondary school departments of state-supported institutions which have been properly approved, classified and rated by the state superintendent of free schools according to the provisions of this section, the following amounts from appropriations to be made for that purpose shall be paid annually out of the general school fund of the State:

(a) To each senior high school which has been approved, classified and rated to include the school work of the twelfth grade or year, the sum of eight hundred dollars;

(b) To each senior high school which has been approved, classified and rated to include the school work of the eleventh grade or year, but not the school work of the twelfth grade or year, the sum of six hundred dollars;

(c) To each senior high school which has been approved, classified, and rated to include the school work of the tenth grade or year but not the school work of the eleventh and twelfth grades or years, the sum of four hundred dollars;

(d) To each junior high school which has been approved, classified and rated according to a plan of organization prescribed by the rules and regulations of the state board of education, the sum of six hundred dollars.

The state superintendent of free schools shall, not later than the first day of April, annually, notify the county superintendent of schools of each county as to the amount due under the provisions of this section to each of the junior high schools, senior high schools, and secondary school departments of state-supported institutions in his county. The state superintendent of free schools shall issue his warrants upon the state auditor, payable to the order of the sheriffs of the counties in which such schools are located, for the amount due each school, which shall be payable on the first day of April.(1911, c. 68, §30; c. 61, §30; 1919, c. 2, §82; Code 1923, c. 45, §82; 1929, c. 33.)

§4. Normal Training High Schools; State Aid.—Whenever, in the judgment of any county high school board or of any county, district or independent district board of education in whose district a high school is maintained, it is advisable to provide for the better training of the teachers in the elementary schools of its county or district, such county high school board, district board of education or independent district board of education shall have the authority to establish and maintain a normal training department in connection with any high school under its control, to provide necessary rooms, furniture, equipment and supplies, and to employ teachers therefor.

It shall be the duty of the state board of education to prescribe a course of study for such normal training departments, to determine the number and qualifications of teachers to be employed therein, and to establish such other regulations and requirements for their conduct as it may deem best. When a normal training department has been established in any high school in accordance with the regulations and requirements of the state board of education and has been approved by said board, such high school shall be designated and known as a normal training high school. When any normal school or normal training high school maintained in part or wholly by the State is established, it shall be the duty of the board of education of the school district in which such school is located to permit the use of the schools of its district for observation and supervised teaching practice according to the requirements of the state board of education, and to provide proper conditions and facilities for such observation and supervised teaching. Normal training high schools so approved shall each be entitled to receive, in addition to the state aid now provided by law for classified high schools, the sum of one thousand dollars annually, the same to be paid out of the appropriation for classified high schools at the time and in the manner prescribed by law for the payment of state aid to classified high schools, and to be used for the maintenance of normal training departments of such high schools and for no other purpose: Provided, however, That not more than twenty-five high schools in the State shall receive aid as normal training schools at one time: Provided further, That such state aid shall not be given in support of any such normal training department of any high school located in any county in which a state normal school or other state school maintaining such normal training course is located.(1915, c. 62, §29a; 1919, c. 2, §80; 1921, c. 15, §80; Code 1923, c. 45, §80; 1925, c. 50, §80.)

§5. Levies to Lengthen Term of Elementary School Maintained in Connection with Normal Training or Class One High School.—In any district in which a normal training or class one high school is maintained in connection with a graded elementary school, the board of education shall have authority to lay, upon all of the taxable property in the district, levies sufficient for the teachers’ fund and the building fund for maintenance purposes to continue the elementary grades of such school for the same length of term that the normal training or class one high school of such district is in session: Provided, however, That any and all pupils of elementary grade in such district shall be permitted to attend the elementary grades of such school after the close of the elementary schools of their subdistricts or in any school term in which the elementary schools of their subdistricts are not in session.(1919, c. 82; Code 1923, c. 45, §80a.)

§6. Payment of Pupil’s Tuition in High School of Another District or County.—It shall be the duty of the board of education in any district which does not maintain a high school, or assist in the maintenance of the county high school, to pay the tuition fees of all pupils in its district who have completed the course of study in the elementary schools and who attend public high schools in other districts or counties, or other schools of high school grade within the State: Provided, That boards of education shall not pay less than two dollars and fifty cents nor more than ten dollars per month for such tuition for each pupil attending such high school or other school of high school grade; but in no instance shall such fees be more than the actual cost of such instruction: Provided further, That boards of education shall not be required to pay such tuition fees for any pupil for more than four years.

A board of education maintaining a high school having courses of study of less than four years shall in like manner pay for the tuition of pupils who have completed a course in such school and who desire to complete a four-year course in some other high school, or other school of high school grade, offering such course.

Fees for the tuition of high school pupils shall be paid out of the teachers’ fund of the district upon presentation of a certificate giving the names of the pupils for whom tuition fees are due and the number of months each was in attendance, such certificate to be signed by the president of the board of education or other board controlling the high school or other school in which tuition pupils were in attendance, and by the principal of the school. No board of education of any district or independent district shall be required to pay any further or additional sum or fees for such tuition. And no parent, or guardian, or person acting as such parent or guardian, shall be required to pay any sum whatever for such transfer, or for tuition of such pupil after such transfer.(1915, c. 63, §30a; 1919, c. 2, §81; Code 1923, c. 45, §81; 1925, c. 51, §81.)

§7. Dormitories for High Schools.—Any county high school board desiring to provide a dormitory for the accommodation of pupils attending a high school under its supervision, and of persons employed to teach therein, shall have authority, subject to the approval of the state superintendent of schools, to lay a levy of not more than eight cents on each one hundred dollars’ valuation of taxable property in the county for the erection, purchase or lease of a building for dormitory purposes and for the equipment of the same. Any district board of education maintaining a high school and desiring to provide a dormitory shall have authority, subject to the approval of the state superintendent of schools, to erect, purchase or lease a building for dormitory purposes and to equip the same out of the new building fund of the district.

Any county, district or districts may join with any independent school district in erecting, purchasing or leasing any buildings or grounds for a high school dormitory. The buildings and grounds shall be owned jointly in proportion to the amounts contributed by the districts so uniting. The boards proposing to unite, together with the county superintendent, shall meet and determine the estimated amount to be contributed toward the establishment and yearly maintenance of such dormitory by each district, which agreement shall be reduced to writing and entered of record in the minute books of the respective boards, a copy of which shall be submitted to the state board of education for its approval. If the state board of education disapproves of such agreement, nothing further shall be done with regard to such joint dormitory until such time as the boards proposing to unite and the state board of education shall agree on the terms and conditions by which they may unite. The control and management of such dormitory, after the establishment of the same, shall be vested in the boards of education of the several districts so uniting, to be exercised in joint session. The county superintendent of schools shall be ex officio a member and chairman of such joint session, and as such entitled to vote and participate in the control and management of the dormitory. Each board of education shall have all of the authority for the erection and maintenance of such joint dormitory by levy, issue of bonds, or otherwise, that is conferred upon a board for the establishment and maintenance of a high school within its district.

Such county high school board or district board of education shall place a reputable and responsible person or persons in charge of such dormitory to conduct the same and furnish meals and lodging to pupils and teachers resident therein, and shall determine the rate that shall be charged pupils and teachers for such accommodations. The person or persons in charge of such dormitory shall be required to give bond in the sum of one thousand dollars for the proper care and use of the dormitory and its equipment and supplies.(1919, c. 2, §83; 1921, c. 14, §83; Code 1923, c. 45, §83.)

§8. Discontinuance of High Schools.—Any district high school shall be discontinued at the end of any year upon the petition in writing of at least seventy-five per cent of the taxpayers of the district.(1908, c. 27, §31; 1919, c. 2, §84; Code 1923, c. 45, §84.)

§9. Junior High Schools.—County boards of education and boards of education of school districts and independent school districts shall have the authority to organize intermediate schools, or junior high schools, in connection with any or all schools under their control. Such schools may be organized as a part of a six-three-three plan of school organization or of any other plan recommended by the state board of education. It shall be the duty of the state board of education to prescribe courses of study for such intermediate or junior high schools, to prescribe requirements for teachers employed in the same, and to establish any other regulations for such schools that may seem to the board advisable.(1919, c. 2, §85; Code 1923, c. 45, §85.)

§1. Appointment of Principals and Teachers; Contracts; Violations; Penalties.—The board of education shall, on or before the first Monday in July in each year, if practicable, appoint the principals and teachers for all the schools in the district and fix their salaries as provided by section two of this article. All such appointments shall be in writing, according to the form of contract to be furnished by the state superintendent of schools, and all such contracts, together with the certificates of the appointees, shall be filed with the secretary of the board.

Before entering upon their duties all teachers, principals and assistants shall execute a contract with their boards of education, or trustees, as the case may be, which contract shall state the duration of the term of such employment and the salary to be paid, and shall be in the form prescribed by the state superintendent of schools. Every such contract shall be signed by the teacher and by the president and the secretary of the board of education, and, when so signed, shall be filed, together with the certificate of the teacher, by the secretary in the office of the board. Any teacher who enters into a contract with a board of education to teach a public school and who fails to complete the term of such contract, unless prevented from doing so by personal illness or other just cause, or unless released from such contract by the board, or who violates any other lawful provision of such contract, shall be disqualified to teach in any other public school in the State during the term of such contract: Provided, That marriage of a teacher during the term of the contract shall not be considered or deemed a violation or breach of such contract.(1863, c. 137, §7; 1866, c. 74, §21; 1867, c. 98, §15; Code 1868, c. 45, §15; 1872-3, c. 123, §13; 1877, c. 77, §13; 1879, c. 74, §13; 1881, c. 15, §13; 1891, c. 60, §13; 1893, c. 26, §13; 1901, c. 71, §13; 1908, c. 27, §56; 1919, c. 2, §§57, 86; 1921, c. 10, §57; Code 1923, c. 45, §§57, 86.)

§2. Salaries for Teachers; Basic Salaries; Advanced Salaries.—Boards of education shall fix the rates of salary to be paid teachers in accordance with the following classifications and requirements:

(a) Basic salaries shall be the salaries fixed for teachers who are teaching their first regular term of school. Such salaries shall be fixed according to the following schedule:

(1) For teachers holding certificates of the rank of third grade, not less than fifty dollars a month;

(2) For teachers holding certificates of the rank of second grade, not less than sixty-five dollars a month;

(3) For teachers holding certificates of the rank of first grade, secured by examination or on credentials not equivalent to a short normal course of study, not less than eighty-five dollars a month:

(4) For teachers who have completed the short normal course or the normal training course in an approved high school, at least five dollars a month more than the rate fixed for teachers holding certificates of the rank of first grade secured by examination;

(5) For teachers who have completed the diploma course of study in a standard normal school, or who have had, in the opinion of the state board of education, equivalent training, at least fifteen dollars a month more than the rate fixed for teachers holding certificates of the rank of first grade secured by examination;

(6) For teachers who have completed a collegiate course of study in an approved institution of collegiate rank, or who have had, in the opinion of the state board of education, equivalent training, at least twenty-five dollars a month more than the rate fixed for teachers holding certificates of the rank of first grade secured by examination;

(b) Advanced salaries shall be the salaries fixed for teachers who have taught one or more regular terms of school. Such salaries shall be fixed according to the following schedule:

(1) For teachers who have taught one regular term of school and not more than five regular terms, the rate of salary shall be the basic salary plus at least three dollars a month for the second term; the basic salary plus at least five dollars a month for the third term; the basic salary plus at least seven dollars and fifty cents for the fourth term; and the basic salary plus at least ten dollars a month for the fifth term;

(2) For teachers who have taught five regular terms of school and not more than ten regular terms, the rate of salary shall be at least fifteen dollars more a month than the rate of the basic salary of teachers holding similar credentials;

(3) For teachers who have taught ten regular terms of school or more, the rate of salary shall be at least twenty dollars a month more than the rate of the basic salary for teachers holding similar credentials.

If a teacher who has taught one or more terms secures a diploma in the normal training high school course, the short normal course, the standard normal course, or in an approved collegiate course, his advanced salary shall be increased by at least as much as is allowed for such preparation in each case in fixing basic salaries.

The lowest rate fixed by the foregoing requirements shall be considered as the minimum salary in each case or class in the distribution of supplemental state aid.

Basic salaries shall be uniform throughout the district for teachers holding similar credentials, and advanced salaries shall be uniform throughout the district for teachers in the same classifications as to experience, as determined by this chapter, and holding similar credentials: Provided, That boards of education may fix a higher rate of salary than the rates provided herein for teachers who do six weeks’ approved work during the vacation period in an approved school, or secure coupons of credit or other marks of advancement that are, in the opinion of the state board of education, equivalent to the training received by such school attendance, and for first grade teachers who teach one-room rural schools: Provided further, That boards of education, in fixing the salaries of teachers in independent districts and in incorporated towns and cities and in high schools and junior high schools, shall determine the results of salaries to be paid such teachers without regard to the limitations and regulations set out in the foregoing paragraphs of this section.

In determining the number of regular terms of school a teacher has taught, boards of education shall credit as regular teaching service in the United States army and navy in the world war, and active work in educational positions other than teaching, but no teacher shall be given credit for teaching more than one regular term in any school year. Salaries of colored teachers shall be the same as the salaries of other teachers in the same district, independent district, city or town, with the same training and experience, and holding similar credentials. Any board of education failing to comply with the provisions of this paragraph may be compelled to do so by mandamus.[1863, c. 137, §7; 1866, c. 74, §21; 1867, c. 98, §15; Code 1868, c. 45, §15; 1872-3, c. 123, §6; 1879, c. 74, §6; 1881, c. 15, §6; 1882, c. 101, §6; 1893, c. 26, §6; 1901, c. 70, §6; 1905, c. 69, §6; 1908, c. 26, §6, c. 27, §27 1/2; 1915, c. 60, §28; 1919, c. 2, §55; 1921, c. 8, §55; Code 1923, c. 45, §55; 1929, c. 35, §67 (a).]

§3. Oath Required of Teachers; Failure to Take; Penalties.—Every teacher shall, at the time of signing the yearly contract to teach, take an oath to support the Constitution of the United States and the Constitution of the State of West Virginia, and to honestly demean himself in the teaching profession, and to the best of his ability execute his position of teacher. Such oath shall be taken before a notary authorized to take oaths, or before a school trustee or member of the board of education of the district in which such contract is made; but no trustee or member of the board of education shall charge for administering such oath. If any such teacher enter upon the discharge of the duties pertaining to his employment without having taken the prescribed oath, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than twenty dollars, each month to be classed as a separate offense. If the secretary of the board of education shall issue and deliver an order or draft to any teacher in payment of his compensation, without such oath having been filed beforehand in his office, he shall be guilty of a misdeameanor, and, upon conviction thereof, shall be fined not less than ten nor more than twenty dollars; and the order so issued and delivered to said teacher shall be illegal, invalid and of no effect.(1867, c. 98, §32; Code 1868, c. 45, §32; 1923, c. 13, §86a.)

§4. Time Lost Through Closing Schools on Account of Diseases; Holidays; School Month; Special Exercises.—If any school is closed by the proper authorities on account of the prevalence of any contagious or infectious diseases, the time during which such school is closed shall be counted as if taught in determining whether a school has been maintained for the minimum term, and the teacher of such school shall not be compelled to make up such lost time, provided he held himself in readiness to teach subject to the order of the board.

In making contracts with teachers and other employees of the board, it shall be understood that schools are not to be kept open for instruction on any Saturday or on the following days which are hereby named and designated as school holidays, namely: The fourth of July, commonly called “Independence Day”; the last Thursday of November, commonly called “Thanksgiving Day”; the twenty-fifth day of December, commonly called “Christmas Day”; any day on which a general election is held throughout the State; and any day appointed and set apart by the president or the governor as a day of special observance by the people of the State. The school month shall consist of twenty days on which school is kept in session for the full number of hours prescribed by law, but in any case where Independence Day, Thanksgiving Day, Christmas Day, or any day on which a general election is held shall fall on a school day and school is taught on the day preceding or following, such day shall be counted the same as taught in the report of the teacher for pay for the school month in which it occurs. But schools shall be assembled for instruction on Washington’s Birthday and shall devote a portion of the day to exercises commemorating the life and services of the “Father of Our Country.” Schools may also be assembled for instruction on such days as Arbor Day, Labor Day, Memorial Day, Lincoln’s Birthday, Columbus Day, Armistice Day and other special days and devote a portion of the day to apppropriate ceremonies, but on such special days the school must be kept open for the entire school day to entitle the teacher to pay for that day.

The first day of the year, commonly called New Year’s Day, shall be a legal school day; but any board of education or trustees of any school district shall have the right to provide for the observance of the same as a holiday.(1863, c. 137, §51; 1866, c. 74, §44; 1867, c. 98, §34; Code 1868, c. 45, §34; 1872-3, c. 123, §31; 1881, c. 15, §31; 1908, c. 27, §59; 1909, c. 77, §1; 1911, c. 40, §1; 1919, c. 2, §57; 1921, c. 10, §57; Code 1923, c. 15Q, §1, c. 45, §57; 1925, c. 53, §1.)

§5. Payment of Teachers and Other Employees.—All teachers and other employees of a board of education, or trustees, as the case may be, whose salaries are payable out of the teachers’ fund, shall be paid for their services monthly by orders drawn upon the sheriff or treasurer, duly signed by the president and secretary of the board and countersigned by the county financial secretary: Provided, That, if the secretary of the district board of education be a teacher, the order for his salary shall be signed by the president and one of the school commissioners of the board: Provided further, That the board may withhold the monthly salary of any teacher or other employee until he has first made such report or reports as may be required by the state superintendent of schools, and no teacher shall receive his salary for the last month of the term of his contract with the board of education until he has first presented to the secretary of the board in correct form all reports required by law.(1872-3, c. 123, §30; 1877, c. 77, §30; 1879, c. 30, §30; 1881, c. 15, §30; 1882, c. 147, §30; 1887, c. 67, §30; 1891, c. 55, §30; 1895, c. 45, §30; 1903, c. 25, §30; 1908, c. 27, §99; 1913, c. 62, §99; 1919, c. 2, §90; Code 1923, c. 45, §90.)

§6. Suspension or Dismissal of Principals and Teachers.—The board of education of any district or independent district may suspend or dismiss any principal or teacher so appointed for immorality, incompetency, cruelty, insubordination, intemperance or wilful neglect of duty, but the charges shall be stated in writing and the teacher shall be given an opportunity to be heard by the board upon not less than ten days’ notice, and in all cases when the board is not unanimous in its decisions to suspend or dismiss, the principal or teacher so suspended or dismissed shall have the right of appeal to the state superintendent of schools.(1863, c. 137, §7; 1866, c. 74, §21; 1867, c. 98, §15; Code 1868, c. 45, §15; 1872-3, c. 123, §13; 1877, c. 77, §13; 1879, c. 74. §13; 1881, c. 15, §13; 1891, c. 60, §13; 1893, c. 26, §13; 1901, c. 71. §13: 1908, c. 27. §58; 1919, c. 2, §57; 1921, c. 10, §57; Code 1923, c. 45, §57.)

§7. Authority of Teachers; Exclusion of Pupils Having Infectious Diseases; Suspension or Expulsion of Disorderly Pupils.—The teacher shall stand in the place of the parent or guardian in exercising authority over the school, and shall have control of all the children enrolled in the school from the time they reach the school until they have returned to their respective homes, except that where transportation of pupils by wagon, autobus, or other conveyance is provided, the driver in charge of such conveyance shall exercise such authority and control over the children while they are in transit to and from the school. Subject to the rules of the state board of education, the teacher of the school, or the principal of a graded or high school, shall exclude from the school any pupil or pupils known to have, or suspected of having any infectious disease, or any pupil or pupils who have been exposed to such disease, and shall immediately notify the proper health officer, or medical inspector, of such exclusion. Any pupil so excluded shall not be readmitted to the school by the teacher or principal thereof until such pupil has complied with all the requirements of the rules governing such cases, or has presented a certificate of health signed by the medical inspector or other proper health officer. The teacher shall also have authority, under the rules and regulations of the state board of education, to suspend any pupil guilty of disorderly, refractory, indecent or immoral conduct, and the district board of education may expel or exclude any such pupil if, on investigation, the conduct of such pupil is found to be detrimental to the progress and the general conduct of the school.(1863, c. 137, §7; 1866, c. 74, §21; 1867, c. 98, §15; Code 1868, c. 45, §15; 1872-3, c. 123, §13; 1877, c. 77, §13; 1879, c. 74, §13; 1881, c. 15, §13; 1891, c. 60, §13; 1893, c. 26, §13; 1901, c. 71, §13; 1908, c. 27, §97; 1919, c. 2, §87; Code 1923, c. 45, §87.)

§8. Exemption from Jury Service.—No teacher, superintendent, supervisor, principal, or other person actively engaged in school work in this State shall be required to serve on any jury during the period of his contract with a board of education.(1879, c. 74, §19; 1881, c. 15, §19; 1908, c. 27, §97 1/2; 1919, c. 2, §88; Code 1923, c. 45, §88.)

§9. Records and Reports by Teachers, Principals, Supervisors, Etc.—Every teacher, principal, supervisor, or other person employed by a district or independent district board of education shall keep such records and shall make such reports as may be required by the state superintendent of schools, and such records shall be kept and such reports shall be made according to the forms and blanks prescribed and furnished by the state superintendent. Teachers shall also keep such other records and make such other reports as may be required by the board of education employing them.(1863, c. 137, §15; 1866, c. 74, §28; 1867, c. 98, §33; Code 1868, c. 45, §33; 1872-3, c. 123, §30; 1877, c. 77, §30; 1879, c. 30, §30; 1881, c. 15, §30; 1882, c. 147, §30; 1887, c. 67, §30; 1891, c. 55, §30; 1895, c. 45, §30; 1903, c. 25, §30; 1908, c. 27, §98; 1919, c. 2, §89; Code 1923, c. 45, §89.)

§10. Enumeration of Children of School Age.—The teacher or teachers in each subdistrict shall annually, before the close of the school or schools therein, and not later than the first day of April, take and report an enumeration of all the youth residing in the subdistrict who will be between the ages of six and twenty-one on the first day of July following, distinguishing between males and females, and between white and colored.(1863, c. 137, §6; 1866, c. 74, §6; 1867, c. 98, §21; Code 1868, c. 45, §21; 1872-3, c. 123, §19; 1879, c. 74, §19; 1881, c. 15, §19; 1908, c. 27, §101; 1919, c. 2, §91; Code 1923, c. 45, §91.)

§11. How Enumeration Taken and Reported.—The enumeration shall be taken and reported in separate classes as follows:

(a) All youth who on the first day of July following will be not less than six nor more than twenty years of age;

(b) All youth who on said date will be not less than six nor more than sixteen years of age;

(c) All youth who on said date will be not less than seven nor more than fourteen years of age;

(d) All youth over fourteen and under sixteen years of age.

The report of enumeration shall be verified by the affidavit of the person who made it, to the effect that he used all means in his power to make it and that he believes it to be correct. He shall deliver such report to the secretary of the board of education with the term report of the school, or not later than the first day of April, and, unless such enumeration be properly taken and reported by the teacher within the time required herein, the secretary shall deduct from the last month’s salary of such teacher such amount as may be necessary to defray the expenses of taking such enumeration as hereinafter provided for.(1863, c. 137, §6; 1866, c. 74, §6; 1867, c. 98, §21; Code 1868, c. 45, §21; 1872-3, c. 123, §19; 1879, c. 74, §19; 1881, c. 15, §19; 1908, c. 27, §102; 1919, c. 2, §92; Code 1923, c. 45, §92.)

§12. When Secretary to Have Enumeration Taken; Compensation of Enumerator.—When the report of such enumeration for any subdistrict is not received by the secretary of the board on or before the first day of April in any year, it shall be his duty forthwith to employ a competent person to take and report the same as aforesaid. The person taking and reporting such enumeration shall receive reasonable compensation for the time actually and necessarily spent in taking and reporting such enumeration, by an order of the board on the sheriff, the same to be paid out of the teachers’ fund of the district.(1867, c. 98, §21; Code 1868, c. 45, §21; 1872-3, c.123, §19; 1879, c.74, §19; 1881, c.15, §19; 1908, c.27, §103; 1919, c.2, §93; Code 1923, c.45, §93.)

§13. Record and Report of Enumeration.—The secretary of the district board of education shall keep in his office a record of the enumeration of youth so taken, and shall annually, on or before the fifteenth day of April, transmit a summary of such enumeration to the county superintendent of schools, who, not later than the first day of May, shall forward to the state superintendent of schools a summary by districts and independent districts of the enumeration so taken and reported in his county.(1863, c. 137, §6; 1866, c. 74, §6; 1867, c. 98, §21; Code 1868, c. 45, §21; 1872-3, c. 123, §19; 1879, c. 74, §19; 1881, c. 15, §19; 1908, c. 27, §104; 1919, c. 2, §94; Code 1923, c. 45, §94.)

§14. Other Duties and Authority of Teachers.—Teachers shall exercise such other authority and perform such other duties as may be prescribed for them by law or by the rules of the state board of education.(1919, c. 2, §95; Code 1923, c. 45, §95.)

§15. Teacher’s Certificate; Qualifications and Minimum Age to Obtain Certificate.—No person shall be employed to teach in the free schools of this State or receive for teaching any part of any free school fund who does not at the time he enters upon his duties hold a valid teacher’s certificate covering the period of his employment; and under no circumstances shall a certificate to teach be granted to any person who is not of good moral character and physically and mentally qualified to perform the duties of a teacher, and who shall not have attained the age of eighteen years on or before the first day of October of the year in which his certificate is issued.(1915, c. 56, §80; 1919, c. 2, §96; Code 1923, c. 45, §96.)

§16. Examination of Applicants; Time and Places of Holding.—The general regulation, direction and control of all matters relating to the examination of applicants for teachers’ certificates, including the preparation of questions, the grading of manuscripts, the granting and issuing of certificates, and all other powers necessary for the proper examination of such applicants, shall be vested in the state superintendent of free schools, who shall designate the time for holding examinations simultaneously in all the counties of the State, at such places and in such buildings as the county superintendent shall designate, subject to the approval of the state superintendent.(1863, c. 137, §§20, 35; 1866, c. 74, §§32, 37; 1867, c. 98, §§30, 31; Code 1868, c. 45, §§30, 31; 1872-3, c. 123, §§27-29; 1879, c. 74, §§28, 29; 1881, c. 15, §§27-29; 1882, c. 147, §§27, 29; 1887, c. 66; 1891, c. 63, §28; 1891, c. 105, §§27, 29; 1893, c. 26, §§27-29; 1903, c. 27, §§1, 2; 1908, c. 27, §§80, 131 1/2; 1919, c. 2, §97; Code 1923, c. 45, §97.)

§17. Expenses of Examinations.—For the preparation and printing of questions, for the grading of manuscripts, for postage and express charges, for the additional clerical work necessary, the state superintendent of schools shall be allowed annually an amount to be recommended by him, which amount shall be set apart and appropriated by the legislature from the general school fund for such purpose.(1903, c. 27, §3; 1908, c. 27, §81; 1909, c. 25, §81; 1911, c. 66, §81; 1915, c. 56, §82; 1919, c. 2, §98; Code 1923, c. 45, §98.)

§18. Conduct of Examinations.—The county superintendent shall conduct all examinations as directed by the state superintendent, and shall have authority to appoint one or more qualified persons to assist him when necessary to the proper conduct of the examination, who shall receive four dollars a day for not more than two days in helping conduct such examination, and shall be approved in advance of their appointment by the state superintendent. But nothing herein contained shall prevent the state superintendent from sending a competent person to supervise such examination if he deem it expedient to do so.(1903, c. 27, §11; 1908, c. 27, §90; 1919, c. 2, §99; Code 1923, c. 45, §99.)

§19. Fees for Examination and Certificates; How Paid and Accounted For.—Each applicant at the time of enrollment for any examination, or for the renewal of a certificate, shall, unless otherwise specially provided, pay to the county superintendent a fee of one dollar. Out of the aggregate of all fees collected by the county superintendent he shall pay his assistants and the other legitimate expenses of conducting such examination. Within ten days after each examination, the county superintendent shall make and transmit to the auditor of the State a detailed and certified report of the number of applicants for certificates, the amount of fees collected by him, the amount paid out for expenses, and the balance remaining, which balance shall be transmitted with the report, to be placed by the auditor to the credit of the general school fund. At the same time, he shall transmit to the state superintendent of schools a duplicate of the report made to the auditor, together with receipts for all money paid for expenses.

All applicants for certificates upon graduation or other credentials shall pay a fee of one dollar to the state superintendent of schools, who shall transmit the same to the auditor of the State to be credited to the general school fund.(1867, c. 98, §30; 1872-3, c. 123, §27; 1881, c. 15, §27; 1882, c. 147, §27; 1891, c. 105, §27; 1893, c. 26, §27; 1903, c. 27, §11; 1908, c. 27, §91; 1911, c. 66, §91; 1915, c. 56, §84; 1919, c. 2, §100; Code 1923, c. 45, §100.)

§20. Transmission of Questions and Manuscripts; Character and Age of Applicants.—The state superintendent of schools shall provide for the preparation of questions for such examinations and for their transmission, in securely sealed packages, to the county superintendent of each county. The county superintendent shall open the packages of questions in the presence of his assistants and the assembled applicants, and shall conduct such examinations in the manner prescribed by the state superintendent. At the conclusion of the examination the county superintendent shall forward the manuscripts in securely sealed packages to the state superintendent, together with such information, statements or affidavits as the state superintendent may require. No person who is known to be of immoral character, or to be addicted to drunkenness, or who shall not have attained the age of eighteen years on or before the first day of October of the year in which said examination is held, shall be admitted to such examination.(1863, c. 137, §35; 1866, c. 74, §37; 1867, c. 98, §31; Code 1868, c. 45, §31; 1872-3, c. 123, §29; 1879, c. 74, §29; 1881, c. 15, §29; 1882, c. 147, §29; 1891, c. 105, §29; 1893, c. 26, §29; 1903, c. 27, §4; 1908, c. 27, §83; 1915, c. 56, §85; 1919, c. 2, §101; Code 1923, c. 45, §101.)

§21. Grading of Manuscripts; Issuance of Certificates; Record.—Within a reasonable time after the receipt of such manuscripts, it shall be the duty of the state superintendent to have them examined and graded by competent persons who are actively engaged in school work, such persons to be appointed by him for this purpose, and to issue certificates based thereon: Provided, That not more than one certificate of the same kind and grade shall be issued to an applicant in any school year; but the state superintendent shall forward to each applicant taking more than one examination in the same year a statement of the grades made by him in each examination taken, and in making up his certificate the applicant shall be given the benefit of his highest grade in each subject. Such certificate, when so issued, shall be forwarded by the state superintendent to the proper county superintendent, who shall countersign, and deliver it to the person entitled thereto: Provided, That the state superintendent of schools may refuse to issue a certificate to any applicant whom he believes to have been guilty of giving or receiving assistance in the preparation of any manuscripts or of any other act which would warrant or justify the revocation of such certificate.

The state superintendent and each county superintendent shall keep a record of all certificates issued, showing the kind and grade of each certificate and the date of issue thereof; and the state superintendent and each county superintendent, upon vacating his office, shall deliver such record to his successor.(1863. c. 137, §35; 1866. c. 74, §37; 1867, c. 98, §31; Code 1868, c. 45, §31; 1872-3, c. 123, §29; 1879, c. 74, §29; 1881, c. 15, §29; 1882, c. 147, §29; 1891, c. 105, §29; 1893, c. 26, §29; 1903, c. 27, §§5-7; 1908, c. 27, §§84, 85, 87; 1915, c. 56, §86; 1919, c. 2, §102; Code 1923, c. 45, §102.)

§22. Offenses Concerning Examinations.—If any person intentionally opens or attempts to open a package containing questions for an examination before the time fixed by the state superintendent of schools for the distribution of such questions, or has any of the questions in his possession without authority of law; or in any way makes any change, alteration or erasure in any manuscript after it has been submitted to those in charge of the examination, or makes any fraudulent substitution for any manuscript during or after the examination, or passes or attempts to pass any such examination under an assumed name, or intentionally and fraudulently gives or receives aid in passing an examination, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars and confined in jail not less than thirty days. If any county superintendent or examination assistant willfully violates any of the official instructions issued by the state superintendent for the conduct of examination, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars and may be confined in jail not less than ten nor more than thirty days, and such conviction shall vacate his office.(1903, c. 27, §8; 1908, c. 27, §88; 1911, c. 66, §88; 1919, c. 2, §103; Code 1923, c. 45, §103.)

§23. Elementary Certificates; Normal School Certificates; Temporary Certificates.—Subject to all the conditions set forth in this section, first grade elementary certificates, valid for a period of five years, shall be issued to all applicants who are otherwise qualified and who attain a general average of ninety per cent, with no subject below seventy-five per cent; second grade elementary certificates, valid for a period of three years, shall be issued to applicants who are otherwise qualified and who attain a general average of eighty per cent, with no subject below sixty-eight per cent; and third grade elementary certificates, valid for one year, shall be issued to applicants who are otherwise qualified and who attain a general average of seventy per cent, with no subject below sixty per cent: Provided, That a third grade certificate shall not be issued more than twice to the same person.

The subjects in which the applicants for such certificates shall be examined, or otherwise qualified according to law, shall be reading, spelling, writing, English grammar and language, arithmetic, physiology and hygiene, the nature and effects of alcoholic drinks and narcotics on the human system, United States and West Virginia history, general and West Virginia geography, civil government, theory and art of teaching, elementary agriculture, and such other subjects as the state board of education shall from time to time prescribe: Provided, however, That after the first day of July, nineteen hundred and twenty-six, applicants for first grade certificates shall have had at least three years of high school work and twenty-seven weeks of study of professional subjects.

The state superintendent of free schools shall, at the time for holding regular examinations, hold examinations on subjects included in the normal training high school course of study, and shall keep in his office a record of the grades obtained in such examinations. Such grades shall be accepted in lieu of grades obtained by school attendance in satisfaction of the requirements of this section.

The state board of education may prescribe other equivalents and substitutions which shall be accepted in satisfaction of the foregoing requirements for high school and professional work.

The state superintendent of free schools shall have authority to issue normal school certificates, valid for five years, to graduates in the standard normal course of any state normal school, or other school approved for the offering of this course, to graduates in the normal course of the Bluefield colored institute and of the West Virginia state college, and to persons who have completed a normal course of study in any school of another state, which, in the judgment of the state board of education, is equivalent in all re spects to the standard normal course of study in the state normal schools of this State.

The state superintendent of free schools shall have authority to issue a temporary second grade certificate to a graduate of a first class high school or of a school of equal grade who meets the general certificate requirements in the school law. He shall also have authority to issue a first grade temporary certificate to such person on the presentation by the applicant of evidence of having done satisfactory work in educational subjects in an approved school for not less than six weeks. An applicant for a temporary certificate shall present the recommendation of the principal or superintendent of the school from which such applicant graduated. All temporary certificates shall expire on the thirtieth day of June following the issuance thereof. Any person who has held a temporary certificate on the conditions stated above may receive another temporary certificate by submitting to the state superintendent of free schools evidence of having done satisfactory work in educational subjects in an approved school for at least six weeks since the issuance of his last temporary certificate and of having met the other conditions set forth above.

First, second and third grade elementary certificates shall be valid in all the grades of the elementary schools: Provided, That no person shall be employed as principal of any school of two or more rooms in the same building who does not hold a first grade certificate or its equivalent.(1863, c. 137, §35; 1866, c. 74, §37; 1867, c. 98, §31; Code 1868, c. 45, §31; 1872-3, c. 123, §29; 1879, c. 74, §29; 1881, c. 15, §29; 1882, c. 147. §29; 1883, c. 65, §1; 1887, c. 66, §2; 1891, c. 105, §29; 1893, c. 26, §29; 1903, 27, §§5, 7; 1908, c. 27, §582, 84, 86, 87, 92, 131 1/2-133; 1909, c. 25, §82; 1909, c. 26, §92; 1911, c. 66, §86; 1913, c. 69, §87; 1915, c. 56, §§87, 89; 1919, c. 2, §104; 1921, c. 9, §104; Code 1923, c. 45, §104; 1927, c. 12, §3.)

§24. High School Certificates.—High school certificates, valid for a period of five years, shall be issued by the state superintendent of schools to applicants who have passed a satisfactory examination upon ten subjects to be designated by the state board of education. The state superintendent of schools shall have authority to issue high school certificates valid for five years, upon application in due form, to graduates of the West Virginia university, and to graduates of other approved colleges and universities in this and other states, if the collegiate courses of instruction completed by such graduates have included not less than twenty semester hours in professional subjects: Provided, That each high school certificate issued under the provisions of this article shall show the subject or subjects the holder thereof is especially qualified to teach.

High school certificates shall be valid in all high schools and elementary schools in the State, and shall be required in all classified high schools.(1908, c. 27, §94; 1915, c. 56, §90; 1919, c. 2, §105; Code 1923, c. 45, §105.)

§25. Supervisors’ Certificates.—Supervisors’ certificates, valid for a period of five years, shall be issued by the state superintendent of schools to applicants who have taught not less than two years on a first grade certificate, or who have had other experience which the state board of education regards as equivalent to two years of teaching, and who have passed a satisfactory examination upon such subjects as shall be designated by the state board of education.

The state superintendent of schools shall have authority to issue supervisors’ certificates valid for five years, upon application in due form, to graduates of the West Virginia university, or other approved universities or colleges, and to graduates of the state normal schools or other in stitutions approved by the state board of education for the offering of the diploma normal course: Provided, The course of instruction completed by such graduates shall have included not less than twenty semester hours in professional subjects, five semester hours of which shall have been in the subject of school supervision. Su pervisors’ certificates shall be valid in all the schools of the State.(1915, c. 56, §91; 1919, c. 2, §106; Code 1923, c. 45, §106.)

§26. Short Course Certificates.—The state superintendent of schools shall have authority, upon application in due form, to issue without examination short course certificates, valid for a period of three years, to persons who are otherwise qualified and who have completed the short course in any of the state normal schools or other schools approved by the state board of education for the offering of this course, the short course in the West Virginia state college or the Bluefield colored institute, or the normal training course in high schools that have been approved by the state board of education. Such short course cer tificates shall be valid in the elementary schools in the State, and in the payment of salaries shall be considered as first grade certificates.(1915, c. 56, §88; 1919, c. 2, §107; Code 1923, c. 45, §107.)

§27. Special Certificates.—The state superintendent of free schools shall have authority, upon the recommendation of the state board of education, to issue special certificates to librarians, kindergarten teachers, primary teachers, and special teachers and supervisors of music, drawing, physical training, home economics, manual training, agriculture and other vocational subjects, and such other subjects as the needs of the schools may require. Special certificates may be issued upon examination, or upon satisfactory completion by the applicants therefor of such courses of study as may be approved by the state board of education for the issuance of such certificates. Special certificates shall be valid throughout the State for the teaching or for the supervising of the special subjects, to be designated on such certificates.(1915, c. 56, §92; 1919, c. 2, §108; Code 1923, c. 45, §108.)

§28. Emergency Certificates.—Emergency certificates may be issued by the state superintendent of schools in accordance with rules and regulations made therefor by the state board of education. Such certificates shall not be issued more than once to the same person. They shall be valid only in the county designated in the certificate, and shall not be valid after the thirtieth day of June following the date of their issue. The grade of any such certificate shall be determined by the state superintendent of schools and the same shall be indicated on the face of the certificate.(1911, c. 27, §92 1/2; 1919, c. 2, §109; Code 1923, c. 45, §109.)

§29. Credit for Educational Training in Lieu of Examination; Five-Year Certificates.—Nothing hereinbefore contained shall prevent the state superintendent of schools from accepting, in lieu of an examination in any subject or subjects required for the granting of any certificate herein provided for, a satisfactory grade or grades made by the applicant in such subject or subjects in an approved college, normal school, or first class high school; provided such grade or grades have been given by such college, normal school or first class high school upon the satisfactory completion of not less than one year’s work, or the equivalent thereof, in each subject in which such substitution of grade is sought. All certificates issued for a period of five years or longer shall be considered first grade certificates as to renewal and payment of salaries.(1919, c. 2, §110; Code 1923, c. 45, §110.)

§30. Renewal and Reinstatement of Certificates.—All first grade certificates, normal school certificates, high school certificates, supervisors’ certificates and special certificates issued after July first, nineteen hundred and twenty- two, shall, upon their expiration or within the year immediately following, be renewable for five-year periods: Provided, That the holders thereof shall have been actively engaged in educational work for not less than three years of each five-year period, shall take six weeks’ training in an approved normal school, or pass an examination on two reading circle books, for the first renewal, and be recommended for such renewal by the county superintendent of schools of the county where the certificate was issued, or where the teacher holding such certificate has taught. At the termination of the first renewal period of any first grade certificate issued after nineteen hundred and twenty-two, the holder thereof shall be granted a renewal for the period of five years upon the condition that he has taught or been otherwise engaged in school work for three years of the five-year period, and is recommended for renewal by the county superintendent of the county where he resides or has been teaching. At the end of the second renewal period, the holder of any certificate of the first grade issued after nineteen hundred and twenty- two shall receive a similar certificate valid for life, if he has taught or been otherwise actively engaged in school work for three years of the preceding five-year period.

Certificates of the first grade which were issued prior to July first, nineteen hundred and twenty-two, shall be renewable as follows: The first renewal shall be on condition that the holder has taught or been actively engaged in school work for three years during the preceding five-year period and is recommended for such renewal by the county superintendent where he resides or has been teaching. At the end of the first renewal period it shall be renewed on the recommendation of the county superintendent and passing an examination on two books of the reading circle course or six weeks’ training in an approved normal school. At the end of the second renewal period the holder of any certificate of the first grade shall be issued a similar certificate valid for life, if he has taught or been otherwise actively engaged in school work for three years during the life of the certificate, and is recommended for such renewal by the county superintendent of his county.

In any case where any person has held a short course certificate, such certificate shall be renewable for three-year periods thereafter, provided the holder shall have taught, or shall have been otherwise actively engaged in school work, for two years of the preceding three-year period.

In any case where any person has held a first grade elementary certificate granted under the laws of this State governing uniform examinations, or a normal school certificate, a high school certificate, a supervisor’s certificate, or a special certificate granted in accordance with the provisions of this article, and has permitted the same to lapse, such person may apply to the state superintendent of free schools for reinstatement of such certificate. The applicant shall furnish with his application a statement signed by the county superintendent of schools of the county in which he resides to the effect that the applicant is a person of good moral character, is apparently in good health, is a suitable person to be intrusted with the care and education of children, and bears the reputation of having been a successful teacher. If, in the opinion of the state superintendent of free schools, such applicant is a suitable person to be intrusted with the care and education of children, and has been successful in the work of teaching, such certificate shall be reinstated in such manner as to replace such applicant in the relative position he held as to certificate rights on the thirtieth day of June following the close of the last term of school taught on such certificate.(1908, c. 27, §87; 1913, c. 69, §87; 1915, c. 56, §§87, 93, 132; 1919, c. 2, §111; 1921, c. 9, §111; Code 1923, c. 45, §111.)

§31. Fees and Special Provisions for Renewal of Certificates.—The fee for the renewal of a professional teacher’s certificate shall be five dollars. The fee for the renewal of a short course certificate shall be one dollar. Service in the United States army or navy in the war with Germany shall be counted the same as teaching on any renewable certificate, or shall extend the date of expiration of any nonrenewable certificate one year; and attendance for six weeks at an approved school may be submitted in lieu of examinations for the renewal of all first grade certificates.(1919, Ex. Sess., c. 8, §1; Code 1923, c. 45, §111a.)

§32. Revocation of Certificates; County Superintendent to Report Conduct of Teacher.—The state superintendent may, after ten days’ notice and upon proper evidence, revoke the certificate of any teacher for drunkenness, untruthfulness, immorality, or for any physical, mental or moral defect which would render him unfit for the proper performance of his duties as a teacher, or for any neglect of duty or refusal to perform the same, or for any other cause which would have justified the withholding of a certificate when the same was issued.

Any county superintendent who knows of any immorality or neglect of duty on the part of any teacher shall report the same, together with all the facts and evidence, to the state superintendent for such action as in his judgment may be proper.(1866, c. 74, §32; 1867, c. 98, §31; Code 1868, c. 45, §31; 1872-3, c. 123, §28; 1879, c. 74, §28; 1881, c. 15, §28; 1891, c. 63, §28; 1893, c. 26, §28; 1903, c. 27, §5; 1908, c. 27, §86; 1911, c. 66, §86; 1915, c. 56, §96; 1919, c. 2, §112; Code 1923, c. 45, §112.)

§33. Teachers’ County Institutes.—Teachers’ county institutes shall be held annually throughout the State, one or more in each county, at such times and places as the state superintendent, with the advice of the county superintendent, shall direct, and such institutes shall continue each for one week of five days. The state superintendent may vary the nature of the instruction in such institutes, and may arrange the time and duration of the same in such way as to promote the best interests of the schools.(1863, c. 137, §22; 1866, c. 74, §34; 1867, c. 98, §53; Code 1868, c. 45, §53; 1872-3, c. 123, §55; 1877, c. 77, §30; 1879, c. 30, §30; 1881, c. 15, §30; 1882, c. 147, §30; 1887, c. 67, §30; 1891, c. 55, §30; 1895, c. 45, §30; 1903, c. 25, §30; 1908, c. 27, §105; 1919, c. 2, §113; Code 1923, c. 45, §113.)

§34. Attendance Upon Institutes; Compensation; Failure to Attend.—Every person employed as a teacher in the schools of this State shall be required to attend a county teachers’ institute, or such other teachers’ meeting as the state superintendent of schools shall prescribe for his group of teachers or kind of work, for at least five days in each year, or for such number of days, more or less than five, as may be prescribed by said superintendent.

The county superintendent of schools may excuse, if requested, from attending the teachers’ institute any teacher who has been in attendance, for at least six weeks after January first of the year in which such excuse is sought, at a standard college, university, state normal school, or other approved school, and who presents to the county superintendent a statement signed by the principal or president of the school showing what branches have been pursued and that the required work has been satisfactorily completed. The state superintendent of schools shall determine what schools shall be recognized and the nature and amount of the work which shall be accepted by the county superintendent in carrying out the provions of this section. For such institute attendance the teacher shall be paid two dollars and fifty cents a day for not to exceed five days in any one year, such compensation to be paid out of the teachers’ fund of the district at the end of his term of school. Teachers whose schools have been discontinued for any legal cause shall receive such portion of the total per diem as the number of months actually taught bears to the number of months in the school term provided for the district.

It shall be the duty of the county superintendent to see that teachers who do not attend institute or who have not been legally excused are not allowed to teach in his county during any year in which such failure occurs.(1877, c. 77, §30; 1881, c. 15, §30; 1882, c. 147, §30; 1887, c. 67, §30; 1891, c. 55, §30; 1895, c. 45, §30; 1903, c. 25, §30; 1908, c. 27, §106; 1917, c. 79, §106; 1919, c. 2, §114; Code 1923, c. 45, §114.)

§35. Filing Certificate of Attendance.—It shall be the duty of each teacher to file with the secretary of the board of education of the district in which he is employed, before the opening of his school, a certificate of institute attendance or an excuse therefrom signed by the county superintendent of schools. If the county institute is held after the opening of his school, the teacher shall file his certificate of attendance within ten days after the close of the institute.(1917, c. 79, §106a; 1919, c. 2, §115; Code 1923, c. 45, §115.)

§36. Institute Instructors.—The institute shall be conducted by experienced and skillful instructors appointed by the state superintendent of free schools, but it shall be a part of the duty of the county superintendent, under the instructions of the state superintendent, to make all arrangements for the institutes and to assist in conducting them.(1879, c. 30, §30; 1881, c. 15, §30; 1882, c. 147, §30; 1887, c. 67, §30; 1891, c. 55, §30; 1895, c. 45, §30; 1903, c. 25, §30; 1908, c. 27, §107; 1919, c. 2, §116; Code 1923, c. 45, §116.)

§37. Pay of Instructors.—The instructors appointed by the state superintendent shall be paid for their services and expenses out of the general school fund on the order of the state superintendent: Provided, That the amount expended for teachers’ institutes in the State for any year shall not exceed the amount appropriated by the legislature for that purpose.(1879, c. 30, §30; 1881, c. 15, §30; 1882, c. 147, §30; 1887, c. 67, §30; 1891, c. 55, §30; 1895, c. 45, §30; 1903, c. 25, §30; 1908, c. 27, §108; 1917, c. 79, §108; 1919, c. 2, §117; Code 1923, c. 45, §117.)

§38. Institute Enrollment Fee.—Every teacher enrolled in a county teachers’ institute, or other teachers’ meeting conducted in lieu thereof, shall pay an institute fee of one dollar and twenty-five cents, two-fifths of which may be used by the county superintendent of schools for incidental expenses and for the betterment of the institute, and the other three-fifths, together with any remainder of said two-fifths allowed for incidental expenses, shall be remitted by the county superintendent of schools to the auditor of the State to be paid into the state treasury to the credit of the general school fund. An account of such expenses shall be submitted to the institute during its session for approval or disapproval. If any county superintendent of schools shall fail within a reasonable time to remit such portion of the institute fees in his county to the auditor, it shall then be the duty of the auditor to withhold payment of the salary of such county superintendent until such remittance has been received.(1903, c. 25, §30; 1908, c. 27, §109; 1917, c. 79, §109; 1919, c. 2, §118; Code 1923, c. 45, §118.)

§39. Institute Report by County Superintendent.—The county superintendent of schools shall, within five days after the close of the institute, forward to the state superintendent of schools a certified list of all persons enrolled at the county institute, giving the exact time each teacher was in attendance. The county superintendent shall also forward to the state superintendent a certified statement of the receipts and expenditures as approved by the institute as provided in the next preceding section, together with the receipts for all money expended.(1903, c. 25, §30; 1908, c. 27, §110; 1919, c. 2, §119; Code 1923, c. 45, §119.)

§40. District Institutes; Teachers’ Round Tables.—The county superintendent, or the district supervisor with the consent of the county superintendent, shall arrange for and conduct district or joint district institutes, one or more for each district of the county within the school year. The county superintendent may also approve the attendance of the teachers employed in his county at a teachers’ round table. Attendance upon district institutes or teachers’ round tables as herein provided may be substituted for an equal amount of teaching at the discretion of the county superintendent, who shall report to the secretary of the board of education the attendance approved by him.(1901, c. 69, §53; 1907, c. 58, §53; 1908, c. 27, §111; 1917, c. 79, §111; 1919, c. 2, §120; Code 1923, c. 45, §120.)

§41. Reading Circles; Coupons of Credit.—Teachers shall be encouraged to form reading circles for the purpose of pursuing courses of study in professional subjects, and it shall be the duty of the state superintendent to prescribe a course of study in such subjects, to provide for examining those who complete such course, and to issue certificates of merit to such persons as pass satisfactory examinations thereon.

The state superintendent of schools may also outline additional professional work and projects for teachers and issue coupons of credit, good only for the school year in which they are issued, to such teachers as complete such professional work or project satisfactorily. Such coupons, when signed by the state superintendent and by the county superintendent shall entitle the holder thereof to one dollar a month additional salary for each coupon so held, payable by the district or independent district board of education at the expiriation of the school term out of the teachers’ fund of such district.(1908, c. 27, §112; 1917, c. 79, §112; 1919, c. 2, §121; Code 1923, c. 45, §121.)

§42. Teachers’ Retirement Fund.—Boards of education of districts and independent school districts shall have authority to establish and maintain a teachers’ retirement fund for the teachers of their districts, the administration of such fund to be in accordance with the rules of the state board of education relating thereto. Any board of education which provides such retirement fund shall have authority to maintain the same out of the teachers’ fund in accordance with said rules.(1919, c. 2, §66; Code 1923, c. 45, §66.)

§1. Compulsory School Attendance; Offenses.—Every person who has legal or actual charge of a child or children not less than seven nor more than fourteen years of age shall cause such child or children each year to attend a free day school for the full school term of the district or independent district in which such person resides: Provided, however, That such person shall be exempt from the foregoing requirement for any of the following causes:

(a) Instruction for a time equal to that required by this chapter in a private, parochial or other school approved by the district board of education. The principal or other person in control of such private, parochial or other approved school shall, upon the request of the district board of education, furnish to the board such information as it may require with regard to the attendance and instruction of pupils between the ages of seven and fourteen years enrolled therein;

(b) Instruction for a time equal to that required by this chapter in the home of such child or children or elsewhere by a person or persons who are, in the judgment of the district board of education, qualified to give instruction in the subjects required to be taught in the free elementary schools of this State. The person or persons giving such instruction shall, upon the request of the district board of education, furnish to the board such information as it may require with regard to the attendance and instruction of pupils between the ages of seven and fourteen years receiving such instruction;

(c) Physical or mental incapacity for school attendance and the performance of school work;

(d) Death or serious illness in the immediate family of the pupil;

(e) Extreme destitution of parents or other person or persons in legal or actual charge of a child or children. Exemption for this cause shall not be allowed when such destitution is relieved through public or private means;

(f) Conditions rendering school attendance impossible or rendering it hazardous to the pupil’s life, health or safety;

(g) Residence of the pupil at a distance of more than two miles from the nearest school by the shortest practicable road or path, unless free transportation to and from school is provided for such pupil;

(h) Observance of regular church ordinances;

(i) Other causes that are accepted as valid by the county superintendent, or by the district supervisor of schools, or by the superintendent of schools of an independent district.

Any person who, after due notice has been served upon him as hereinafter provided, shall fail to cause a child or children in his legal or actual charge to attend school as hereinbefore provided shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than three nor more than twenty dollars, together with the costs of prosecution, or confined in jail not less than five nor more than twenty days. Each day a child is out of school contrary to the provisions of this article shall constitute a separate offense. Justices of the peace shall have jurisdiction of offenses under this section.

Whenever a person accused of violating any of the provisions of this article has been tried and acquitted, the costs of prosecution shall be paid by the district board of education out of the building fund of the district.(1897, c. 98, §10a; 1903, c. 26, §10a; 1908, c. 27, §72; 1919, c. 2, §122; Code 1923, c. 45, §122.)

§2. Attendance Officers; Duties; Compensation.—The board of education of every district or independent district shall, at its first meeting, or as soon thereafter as practicable, appoint one or more attendance officers, who shall qualify as such and shall enforce the provisions of this article in the districts or independent districts in which they have been appointed to serve: Provided, however, That any school trustee may be appointed to serve as attendance officer in his subdistrict. Each officer so appointed shall use due diligence to ascertain any violations of this law, and when, from personal knowledge or by report or complaint from any resident or teacher of the district under his supervision, he believes that any child subject to the provisions hereof has been absent from school contrary to the provisions of this article, he shall immediately give written notice to the parent, guardian, or custodian of such child that the attendance of said child at school is required, and if the parent, guardian or custodian of such child does not immediately comply with the provisions of this article, then such attendance officer shall make complaint against such parent, guardian or custodian before a justice of the peace of the county: Provided, That for subsequent offenses in any school year no such notice shall be required. When any doubt exists as to the age of a child absent from school, the attendance officer shall have authority to require a properly attested birth certificate or an affidavit from the parent, guardian, or custodian of such child, stating the age of such child. The attendance officer shall, in the performance of his duties as such officer, have authority to visit and enter any office, factory, or business house employing children; he shall also have the authority to arrest without warrant any child absent from school in violation of the provisions of this article, and to place such child in the school in which such child is or should be enrolled. The attendance officer shall be paid monthly at such rate per diem for the time actually spent in the performance of his duties as the board shall determine; but in no case shall payment for any month’s services be made until the attendance officer has filed with the secretary of the district board of education the statement required by said board, together with a sworn statement of the number of truancy cases investigated and the time actually spent in performing such duties. When the attendance officer has faithfully performed his duties and filed the statement required, the district board of education, if satisfied that the same is just and correct, shall issue to him an order on the sheriff for the amount of his account, payable out of the building fund of the district.(1903, c. 26, §10a; 1908, c. 27, §§73, 77; 1919, c. 2, §123; Code 1923, c. 45, §123.)

§3. Secretary to Furnish Enumeration List; Duties of Teachers.—It shall be the duty of the secretary of the district board of education at the beginning of the school term to furnish to the teacher of each one-room school in the district a copy of the last school enumeration for the subdistrict, together with the name and address of the attendance officer of the district. Such teacher shall, at the opening of school and at such times as the district board of education may require, compare such enumeration list with the enrollment of the school and report to the attendance officer the names and residences of parents, guardians or custodians of children between the ages of seven and fourteen who are, or have been, absent from school without a legal excuse; also, the names and residences of parents, guardians, or custodians of children of a compulsory school age not included in such enumeration list who are, or have been, absent from school without legal excuse. The secretary of the district board of education shall furnish such enumeration list, together with the name and address of the attendance officer, to the superintendents, district supervisors or principals of all town and city schools and to the principals of all district schools of two or more rooms, and such superintendents, district supervisors, and principals shall make reports to the attendance officer concerning all cases of truancy as hereinbefore required of teachers of one-room schools.(1897, c. 98, §10a; 1903, c. 26, §10a; 1908, c. 27, §75; 1919, c. 2, §124; Code 1923, c. 45, §124.)

§4. Penalty for Neglect of Duty.—Any school officer, attendance officer, district supervisor, superintendent, principal, teacher or other person upon whom a duty is imposed by this article, who neglects or refuses to perform any duty or duties so imposed upon him, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than three nor a more than twenty dollars, and may be imprisoned not to exceed twenty-five days.(1919, c. 2, §125; Code 1923, c. 45, §125.)

§5. Aiding or Abetting Violations of Compulsory Attendance; Penalty.—Any person who induces or attempts to induce any child unlawfully to absent himself from school, or who harbors or employs any child of compulsory school age while the school which he is required to attend is in session, or employs such child within the term of such school without the written permission of the county, district or city superintendent of schools, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than fifty dollars, and may be confined in jail not less than five nor more than thirty days.(1908, c.27, §74; 1919, c. 2, §126; Code 1923, c. 45, §126.)

§6. Report and Disposition of Fines Collected.—All fines collected under the provisions of this article shall be paid over at once by the justice to the sheriff, and by him credited to the building fund of the proper district; and every attendance officer shall make to the secretary of the district board of education and to the sheriff an itemized statement on the last day of each month of all fines imposed as provided herein.(1897, c. 98, §10a; 1903, c. 26, §10a; 1908, c. 27, §76; 1919, c. 2, §127; Code 1923, c. 45, §127.)

§7. School Attendance by Unemployed Children Over Fourteen and Under Sixteen; Offenses; Penalty.—Every child over fourteen and under sixteen years of age, who is not engaged in some regular employment or business for at least six hours per day, or who has not received written permission from the superinTendent of schools of the city or county in which he resides to engage in profitable employment at home, shall attend a public day school or other day school approved by the board of education of his school district or independent school district during the entire time the public schools are in session, subject to such exemptions as are provided for in section one of this article, except that no child over fourteen and under sixteen years of age shall be exempt from school attendance as herein required for the reason that he has completed an eight-year’s course of study in the elementary and grammar schools or junior high schools of the State, if a high school or other school of advanced grades is provided within two miles of his home.

Any person who, after due notice has been served upon him as provided in section two of this article, shall fail to cause any such child in his legal or actual charge to attend school as hereinbefore provided shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished as provided in section one of this article. Justices of the peace shall have jurisdiction of offenses under this section.(1919, c. 2, §128; Code 1923, c. 45, §128.)

§8. School Attendance of Employed Children; Part-Time and Night Schools; Penalties.—Each minor over fourteen and under sixteen years of age, who is not in regular attendance upon a public, private or parochial school, or who is regularly and lawfully employed in some occupation or service, unless such minor has completed eight years of elementary schooling, shall attend a part-time school or class in the district in which such minor resides or may be employed. Such attendance shall be for not less than four and not more than eight hours per week for each week during which such school or class is in session until the total attendance amounts to at least one hundred and forty-four hours for the school year, except that the school authorities may, subject to the approval of the state superintendent of free schools, permit any such minor to increase the number of hours per week of required attendance and decrease the number of weeks of required attendance. The attendance upon a part-time school or class shall be between the hours of eight o’clock forenoon and five o ’clock afternoon: Provided, however, That such persons shall be exempt from the foregoing requirements for any of the causes enumerated in subdivisions (a) to (i), inclusive, of section one of this article.

The parent, guardian or other person having the custody or control of a minor who is re quired under the provisions of this section to attend a part-time school or class shall cause such minor to attend such school or class. A parent, guardian or other person who refuses or fails to comply with this provision of the law shall be subject to the penalties provided in section one of this article.

Any person, firm or corporation employing a minor between the ages of fourteen and sixteen years shall permit the attendance of such minor upon a part-time school or class whenever such part-time school or class shall have been established in the district where the minor resides or may be employed, and, upon the termination of employment of any such minor, the employer shall within five days return the employment certificate of such minor by mail to the school authorities. Any person, firm or corporation employing a minor over fourteen and less than sixteen years of age contrary to the provisions of this section shall be subject to the penalties provided in section five of this article. A person, firm or corporation which has in its employ a minor who fails to attend a part-time school or class, as required herein, shall immediately discontinue the services of such minor upon receiving from the school authorities written notice of the failure of such minor to attend such part-time school or class, and a person, firm or corporation violating this provision of law shall be subject to a fine of twenty-five dollars for each offense.

Boards of education of districts and independent districts are hereby authorized to establish and maintain part-time and evening schools and classes. The board of education in charge of the schools of each city having a population of more than ten thousand according to the last preceding United States census shall establish and maintain part-time schools or classes. The board of education in charge of the school of any city, town or subdistrict in which there are fifty or more minors above the age of fourteen and under the age of sixteen years, who are not in regular attendance upon approved instruction, shall establish and maintain part-time schools or classes. Such schools or classes may be established in public school buildings, in other buildings especially adapted for their operation, in manufacturing or mercantile establishments and in factories. Such schools or classes, wherever they are established and maintained, shall be under the control and management of the board of education, and shall be a part of the public school system of the city or district which maintains them.

Such part-time schools or classes shall be kept in session on the regular school days and for as many hours each school year between the hours of eight o’clock forenoon and five o’clock afternoon as shall be necessary to provide the required instruction for such minors who reside in the city, town or subdistrict. The course of study in such part-time schools or classes shall be approved by the state board of education.

If the board of education of any district fails to comply with the requirements of this section, the state superintendent of free schools may at his discretion withhold all or a part of any state school funds due such district in any year. The failure of any officer to enforce the provisions of this and the next preceding section shall cause such officer to be subject to the penalties prescribed in section four of this article. The requirements of this and the next preceding section shall be enforced by the persons and in the manner prescribed for the enforcement of sections two to six, inclusive, of this article.(1919, c. 2, §129; 1921, c. 4, §129; Code 1923, c. 45, §129,)

§9. Compulsory Education of Deaf and Blind; Offenses; Penalties; Enumeration of Deaf and Blind.—Every parent, guardian or other person having control of any mentally normal minor over eight years of age, who is defective in sight or hearing to the extent that he can not be benefited by instruction in the public schools, shall be required to send such minor to the West Virginia schools for the deaf and the blind at Romney. Such minor shall continue to attend such schools for a term of at least thirty-six weeks each year until he has completed the course of instruction prescribed for such schools by the state board of education, or has been discharged by the superintendent of said school: Provided, however, That minors of the negro race who come under the requirements of this section shall be placed in the West Virginia school for the colored deaf and blind.

Any such deaf or blind minor shall be exempt from attendance at said schools for any of the following reasons: (a) Instruction by a private tutor or in another school approved by the state board of education for a time equal to that required by the first paragraph of this section; (b) physical incapacity for school work; (c) any other reason deemed good and sufficient by the superintendents of such schools, with the approval of the state board of education.

Any parent, guardian or other person in charge of such minor or minors who fails or refuses to comply with the requirements of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than thirty dollars for each offense. Failure for the period of one week within the school year to send such minor to school shall constitute an offense: Provided, That the time necessary for such minor to travel from his home to the school shall not be counted as time absent from school.

Any person who induces or attempts to induce such blind or deaf minor to absent himself from school, or who employs or harbors such minor unlawfully, while said school is in session, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty nor more than fifty dollars for each offense.

It shall be the duty of school attendance officers, prosecuting attorneys, and any special attendance officers appointed by said schools for the deaf and the blind to enforce the provisions of this section.

It shall be the duty of the public school teachers of each county to furnish to the county superintendent of schools of their county the names of deaf or blind persons in their subdistricts between the ages of six and twenty-five years, together with information as to the age, sex and race of each such deaf or blind person. The county superintendent of schools shall certify the names of all such white persons, with the names and addresses of their parents or guardians, to the superintendent of the West Virginia schools for the deaf and the blind, and the names of all such persons of the negro race, with the names and addresses of their parents or guardians, to the superintendent of the West Virginia school for the colored deaf and blind.

It shall be the duty of the state superintendent of schools to provide suitable blanks for the numeration of such deaf and blind persons to each county superintendent for distribution among teachers and others responsible for taking the school enumeration. The enumeration of such deaf and blind persons shall be taken at the time the regular school enumeration is taken, and shall be reported to the superintendents of the schools for the deaf and the blind at the time that the regular school enumeration is reported o the state superintendent of schools.(1919, c. 2, §130; Code 1923, c. 45, §130.)

§1. School Levies; When Levy Election Necessary; Special Election.—The board of education of every school district or independent school district, wherein a majority of the votes cast on the question of school levy at the last general or special election at which the question of school levy was submitted to the qualified voters of such district or independent school district were in favor of such levy, shall annually, at the time and in the manner provided by law for making levies, levy a tax on all taxable property in its district or independent school district for the support and maintenance of free schools therein: Provided, That upon petition of not less than forty per cent of the registered voters in any district or independent school district, as shown by the last registration of voters therein, addressed to the board of education of such district or independent school district, requesting the submission of the school levy to the voters of such district, the board of education of such district or independent district shall submit the question of authorizing a levy for school purposes to the voters of such district at the general election held next after such petition is presented; and the board of ballot commissioners of the county of which such district constitutes a part shall prepare or cause to be prepared separate ballots from the official ballot to be voted at said election, which separate ballot shall have printed thereon the following:

The officers conducting the general election at each place of voting shall conduct the election on the question of the school levy and canvass and certify the result thereof to the commissioners of the county court in the same manner, so far as applicable, as they are required to conduct and certify the result of the general election; and such commissioners shall promptly certify the result of the election on the question of the school levy to the board of education of the district or independent school district within which the election was held, and such certificate shall be entered by the secretary as part of the minutes and records of such board of education. If a majority of the ballots cast at said general election in any district or independent school district on the question of such school levy be in favor of the levy, the board of education of such district or independent school district shall annually thereafter levy a tax on all the taxable property in its district, for the support and maintenance of the schools in the district, until such time as an election may again be held on the question of such school levy in the manner hereinbefore provided.

In the event that a majority of the votes cast in any school district or independent school district upon the question of the school levy submitted at any general election be against the levy, the board of education of such district or independent school district shall have authority to call a special election for the purpose of resubmitting the question of authorizing such school levy to the voters of such district or independent district. Such special election shall be held in accordance with the provisions of the next succeeding section of this article, so far as applicable, and the ballots shall be similar to those heretofore described in this section. If a majority of the ballots cast at such special election in any school district or independent school district be in favor of the school levy, the board of education of such district or independent school district shall annually thereafter levy a tax for the support of the free schools in its district or independent school district, in the manner provided by law for school levies, until such time as the question of school levy may again be submitted at a general election upon a petition signed by not less than forty per cent of the registered voters of the district or independent district, as hereinbefore provided, and a majority of the votes cast at such election be against the levy. If a majority of the votes cast at any such special election be against the school levy, the board of education of any such district or independent district shall again submit the question of a school levy to the voters of its district or independent district at the next general election: Provided, however, That upon petition of not less than forty per cent of the qualified voters of the district, as determined from the last registration of voters, such board of education may again submit the question of school levy at a special election to be held for that purpose, in the manner hereinbefore provided, prior to the next succeeding general election.(1872-3, c. 123, §2; 1877, c. 77, §2; 1879, c. 74, §2; 1881, c. 15, §2; 1883, c. 74, §2; 1893, c. 26, §2; 1901, c. 11, §1; 1908, c. 27, §20; 1921, c. 16, §184a; Code 1923, c. 45, §184a; 1923, c. 12, §1.)

§2. Elections Under This Chapter; How Held.—Any and all elections authorized by this chapter for school purposes may, unless otherwise provided, be held separately or in connection with any general or special election. Notice of any such election shall be given by the publication of the order of the board calling the same, in two newspapers of different political parties and having general circulation in the territory in which the election is to be held, at least once each week for two successive weeks preceding the day of election. If there is only one newspaper of general circulation in the territory in which the election is to be held, it shall be sufficient to publish the notice therein. Printed copies of such order shall be posted at each place of voting at least ten days before the election. All provisions of the law concerning general and special elections shall apply in such elections in so far as is practicable, except that in cases of special elections the board calling the election shall appoint necessary election officers and shall canvass the returns, and the secretary of the board shall procure and furnish to the election commissioners at each place of voting the ballots, poll books, tally sheets and other things needed. In calling elections, district and county boards of education shall follow the forms to be prescribed by the attorney general.(1919, c. 2, §184; Code 1923, c. 45, §184; 1923, c. 14, §26.)

§3. Collection and Disbursement of School Money by Sheriff; Accounts; Payment Made Only on Order of Board of Education; How Signed.—The sheriff of the county shall receive, collect and disburse all school money for the county and the several districts and independent districts therein. He shall keep accounts with the the boards of education of the various districts and independent districts of the money belonging to the several funds, as provided by law, and shall credit every receipt and charge every disbursement to the fund to which it belongs. He shall pay out no money except upon an order of the board of education specifying the amount to be paid, the purpose for which paid, and the fund to which it is to be charged, signed by the president and secretary and countersigned by the county financial secretary, or by the president and one other member, as prescribed in section five, article seven of this chapter, and countersigned by the county financial secretary.(1863, c. 137, §§39, 40; 1866, c. 74, §42; 1867, c. 98, §§47-50; Code 1868, c. 45, §§47-50; 1872-3, c. 123, §46; 1877, c. 77, §46; 1881, c. 15, §46; 1891, c. 60, §46; 1893, c. 26, §46; 1908, c. 27, §§137, 138; 1913, c. 62, §138; 1919, c. 2, §§185, 186; Code 1923, c. 45, §§185, 186.)

§4. Nonpayment of Order; Liability of Sheriff.—If, when an order of any board of education of his county is presented to the sheriff, there are no funds to pay the same, the person entitled to receive the sum of money specified in such order may require the sheriff to indorse thereon, or write across the face thereof, the words “presented for payment,” with the proper date, and sign the same; and the order, if it was due at the time of presentment, shall in such case be payable with legal interest from such date. But if the sheriff, having funds to pay the same, fail to pay any proper order of any board of education of his county, properly indorsed, when presented to him during business hours by a person entitled to receive the money therein specified, if he same be then due and payable, he and his sureties, and the personal representatives of such of them as are dead, shall be liable to the person entitled to receive the money due on said order for the whole amount due thereon at the time of such presentation, with legal interest on such amount from that time until payment, and ten per cent on the same amount as damages.(1872-3, c. 123, §46; 1877, c. 77, §46; 1881, c. 15, §46; 1891, c. 60, §46; 1893, c. 26, §46; 1908, c. 27, §145; 1919, c. 2, §192; Code 1923, c. 45, §192.)

§5. School Fund; Board of the School Fund; Investment of School Fund.—All such sums as have accrued to this State from the several sources enumerated in the fourth section of the twelfth article of the Constitution, not in excess of one million dollars, shall be set apart as a separate fund to be called “the school fund” and the governor, state superintendent of free schools, auditor and treasurer shall be a corporation under the name of “the board of the school fund,” and shall have the management, control and investment of said fund, as provided by the fourth section of the twelfth article of the Constitution. Such fund shall be invested in the interest bearing securities of the United States, or of this State, or of any county, city, town or village, or school district of this State, or, if such interest bearing securities cannot be obtained, then such fund shall be invested in such other solvent interest bearing securities as shall be approved by such board. The governor shall be president of the board, and in his absence the board shall choose one of their number to preside temporarily in his place. The auditor shall be secretary of the board and custodian of the securities in which such fund is invested. A record shall be kept of all the proceedings and be signed by the president and secretary, and a copy thereof, certified by the secretary of the board, shall be evidence in all cases in which the original would be. A majority of the board shall constitute a quorum for the transaction of business.(1863, c. 137, §§36, 53, 54, 58, 59; 1866, c. 74, §§38, 54, 55, 59, 60; 1867, c. 66; 1867, c. 98, §§58, 68, 69, 73, 74; Code 1868, c. 45, §§58, 68, 69, 73, 74; 1872-3, c. 123, §§69, 73, 74; 1881, c. 15, §§69, 73, 74; 1889, c. 6; Joint Resolution No. 15, adopted Feb. 10, 1903; 1908, c. 27, §152; 1925, c. 49, §195.)

§6. General School Fund; How Derived; Purpose; Distribution; Order of Preference; Duties of State Auditor and State Superintendent of Schools.—The proceeds of the capitation tax, the income of the school fund, the net proceeds of all forfeitures and fines which accrued to the State during the previous year except fines referred to in section six, article eight of this chapter, all moneys arising from the sources named in section four of article twelve of the Constitution heretofore going to the “school fund" but as now amended going to the "general school fund,” all interest on public moneys received from state depositories, state license tax on marriages, state tax on forfeitures, state tax on state licenses except on motor vehicles and on owners, chauffeurs, operators and dealers in motor vehicles and state licenses paid direct to the state auditor and secretary of state, and all funds from any source paid into the treasury for school purposes and not otherwise appropriated, shall be set apart for the support of free schools, as a separate fund to be called “the general school fund."

Such fund shall be used for the following purposes in the order enumerated, preference being given likewise:

(a) To pay the salary of the state superintendent of free schools, his necessary traveling expenses not to exceed five hundred dollars, the contingent and other expenses of his office, and the salaries of county superintendents;

(b) To supplement the teachers’ fund of elementary schools in districts where the maximum levy for teachers’ fund purposes will not provide sufficient funds to pay the minimum salaries to a sufficient number of teachers for all the first eight grades of the public schools;

(c) To supplement the maintenance fund of elementary schools in districts where the maximum levy will not provide sufficient funds to pay the actual maintenance expenditures for the minimum term;

(d) To supplement the elementary teachers’ fund to an amount equal to the amount accruing from any additional levy in excess of forty cents on the one hundred dollars, which levy has been fixed according to law and which is for the purpose of augmenting teachers’ salaries and for the employment of district supervisors: Provided, That no district shall benefit or be given aid hereunder for the payment of teachers’ salaries in excess of the minimum salaries, increased by ten per cent, for the minimum term as fixed by general law, and one hundred and fifty dollars per month for district supervision;

(e) To pay state aid to high schools under such regulations as are provided by law;

(f) To aid school districts (not independent districts) which maintain standardized schools under such regulations as are prescribed by law;

(g) Any balance remaining in the general school fund in any fiscal year shall be distributed to the various school districts and independent school districts of the State on a basis of the enumerated youth of school age.

It shall be the duty of the auditor, on or before the twentieth day of July in each year, to ascertain the amount of the general school fund for distribution, after first deducting the aggregate salary of the state superintendent of free schools, his necessary traveling expenses not to exceed five hundred dollars, the contingent and other expenses of his office, and the salaries of county superintendents, and to notify the state super intendent of free schools thereof. The state superintendent shall thereupon ascertain the needs for the various purposes in the order and preference enumerated above, and shall deposit with the treasurer of the board of education, to the credit of such fund, the amounts to which such district is entitled.

But before making requisition on the auditor for the supplemental aid herein provided, the state superintendent shall inform himself of the conditions existing in such districts applying for aid as to the number of teachers employed, the number of pupils enrolled, the enforcement of the compulsory school law, and other matters that pertain to the progress of the public schools of the district, and shall require from all boards of education asking such aid, on forms to be precribed and furnished by him, a financial statement thereof supported by affidavits showing the needs existing in such districts, the necessity for such aid, and that the law authorizing such aid has been complied with.

The state superintendent shall also notify the county superintendent of each county to which supplemental aid is furnished the amount thereof, who in turn shall notify the boards of education of such districts as receive such supplemental aid of the amount thereof apportioned to such district, and that the same can not be drawn by ’ them until they have fully complied with the law under which such aid is authorized.(1863, c. 137, s §§36-38; 1866, c. 74, §§38-40; 1867, c. 66, c. 98, §§59, 60; Code 1868, c. 45, §§59, 60; 1872-3, c. 123, §§60-62; 1881, c. 15, §§60-62; 1889, c. 6; Joint Resolution No. 15, adopted Feb. 10,1903; 1908, c. 27, §§40-43; 1919, c. 126, §7; 1921, c. 18, §7; Code 1923, c. 28A, §7.)

§7. Supplemental Aid for Districts in Which Children’s Homes are Located.—The state superintendent of schools shall apportion supplemental aid to any district or independent district in which is located any institution as a home for orphans or homeless children. The amount of such supplemental aid shall be equal to the product of the per capita cost of education for the preceding year and the total number of pupils from such children’s homes enrolled in the pub lic schools of the district applying for such aid, and shall be distributed in the manner prescribed in the next preceding section of this article for distribution of supplemental aid to other districts. The per capita cost of education for this purpose shall be determined on the basis of the enrollment in the elementary and high schools and the total expenditures for elementary and high school teachers and maintenance funds in such district.(1923, c. 9.)

§1. Original Federal Land Grant for West Virginia University; Investment of Proceeds.—The State of West Virginia hereby renews its assent to the provisions and purposes of the act of congress of July second, eighteen hundred and sixty-two, entitled “An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,” and of all subsequent acts of congress amending or supplementing said act, and accepts the grants authorized thereby. The funds derived from the sale of United States land warrants which were donated to this State for the purpose of endowing an agricultural college shall be invested by the board of the school fund in a loan or public stocks of the United States, or otherwise, as required by congress, for the use and benefit of West Virginia university.(1863, c. 56; 1867, c. 9; Code 1868, c. 45, §80; 1872-3, c. 123, §79; 1881, c. 15, §86; 1908, c. 27, §175; 1909, c. 22, §86; 1919, c. 2, §§142, 144; Code 1923, c. 45, §§142, 144.)

§2. Federal Aid for West Virginia Agricultural Experiment Station.—The State of West Virginia hereby renews its assent to the provisions and purposes of the act of congress of March second, eighteen hundred and eighty- seven, entitled “An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto,” and of all subsequent acts of congress amending or supplementing said act, and accepts the appropriations of money authorized thereby.(1889, c. 17, §1; 1919, c. 2, §144; Code 1923, c. 45, §144; Senate Joint Resolution No. 14, adopted April 7,1925.)

§3. Federal Aid for West Virginia University and West Virginia State College.—The State of West Virginia hereby renews its assent to the provisions and purposes of the act of congress of August thirtieth, eighteen hundred and ninety, entitled “An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of the act of congress approved July second, eighteen hundred and sixty-two,” and of all subsequent acts of congress amending or supplementing said act, and accepts the appropriations of money authorized thereby.

The State of West Virginia hereby designates West Virginia university as the beneficiary of such appropriations for the instruction of white students, and West Virginia state college as the beneficiary of such appropriations for the instruction of colored students, to be paid to each in the proportion mentioned in chapter sixty-five of the acts of the legislature of eighteen hundred and ninety-one, and chapter twenty-seven of the acts of the legislature of nineteen hundred and eight.(1891, c. 65, §1; 1908, c. 27, §§176, 204, 205; 1919, c. 2, §§143, 150; Code 1923, c. 45, §§143,150.)

§4. Federal Aid for West Virginia Agricultural Extension Division.—The State of West Virginia hereby renews its assent to the provisions and purposes of the act of congress of May eighth, nineteen hundred and fourteen, entitled “An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July second, eighteen hundred and sixty-two, and of acts supplementary thereto, and the United States Department of Agriculture,’’ and of all subsequent acts of congress amending or supplementing said act, and accepts the appropriations of money authorized thereby.(Senate Joint Resolution No. 4, adopted Feb. 1, 1915; Senate Joint Resolution No. 15, adopted March 1, 1929.)

§5. Federal Aid for Vocational Education; Duties of State Board of Education.—The provisions and purposes of the act of congress of February twenty-third, nineteen hundred and seventeen, entitled “An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures,” are hereby accepted by the State of West Virginia as to (a) appropriations for the salaries of teachers, supervisors and directors of agricultural subjects; (b) appropriations for salaries of teachers of vocational and industrial subjects; (c) appropriations for the training of teachers, supervisors and directors of vocational subjects.

The state board of education is hereby designated as the state board to carry out the provisions of said act so far as the same relates to the cooperation of the states and the federal government, and shall have full power to do all things necessary in the formulation and execution of plans for the promotion of education in agriculture, in trades and industries, and to formulate and execute plans for the preparation of teachers of vocational subjects.(1919, c. 2, §§131, 133; Code 1923, c. 45, §§131, 133.)

§6. Federal Aid for Vocational Rehabilitation; Duties of State Board of Education; Plan of Cooperation.—The State of West Virginia hereby renews its assent to the provisions and purposes of the act of congress of June second, nineteen hundred and twenty, entitled “An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise, and their return to civil employment,” and accepts the appropriations of money authorized thereby.

The state board of education is hereby designated as the state board to cooperate with the federal board having supervision of such vocational rehabilitation in carrying out the provisions and purposes of said federal act, and is empowered and directed to cooperate with said federal board in the administration of said act of congress; to prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of persons disabled in industry or otherwise and to provide for the supervision of such training; to appoint such assistants as may be necessary to administer this section and said act of congress in this State; to fix the compensation of such assistants; and to direct the disbursement and administer the use of all funds provided by the federal government or this State for the vocational rehabilitation of such persons.

The state board of education and the state compensation commissioner shall formulate a plan of cooperation in accordance with the provisions of this section and said act of congress, such plan to become effective when approved by the governor of the State.(1921, c. 19, §§133a, 133c, 133d; Code 1923, c. 45, §§133a, 133c, 133d.)

§7. Gifts for Vocational Rehabilitation.—The state board of education is hereby authorized and empowered to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as in the judgment of the state board are proper and consistent with the provisions of this section. All the moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent fund to be called the special fund for the vocational rehabilitation of disabled persons, to be used by said board to defray the expenses of vocational rehabilitation in special cases, including the payment of necessary expenses of persons undergoing training. A full report of all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom, shall be submitted annually to the governor of the State by the state board of education.(1921, c. 19, §133e; Code 1923, c. 45, §133e.)

§8. Acceptance of Future Federal Aid Appropriations.—The state board of education is hereby authorized and empowered to accept for the State of West Virginia any appropriations of money for the removal of illiteracy, the teaching of immigrants, and other educational purposes that may hereafter be made out of the federal treasury by an act or acts of congress.(1919, c. § 2, §14; Code 1923, c. 45, §14.)

§9. State Board of Education, Board of Governors and Board of Control Empowered to Carry Out Provisions of Federal Aid Acts.—The state board of education as to educational matters other than those relating to the West Virginia university, the board of governors of West Virginia university as to educational matters relating to said university, and the state board of control, as to financial and business matters, as provided by law, are authorized and empowered to carry out the provisions of the original and supplemental acts of congress mentioned or referred to in this article, and of any subsequent act or acts of congress making appropriations to this State for educational purposes.(1919, c. 2, §§14, 144; Code 1923, c. 45, §§14, 144.)

§10. Custody and Disbursement of Federal Funds.—The treasurer of this State shall be the custodian of all moneys received by the State from appropriations made by any of the original supplemental acts of congress mentioned referred to in sections two to six, inclusive, of this article, and of all moneys received by the State from appropriations for educational purposes that may hereafter be made by any act or acts of congress, and is authorized to receive and provide or the proper custody of the same. He shall keep an accurate account of the moneys so received, shall place the same to the credit of the proper institutions or funds, and, unless a different method is provided by law, shall make disbursements therefrom upon warrants of the state auditor issued on requisitions of the state board of control: Provided, however, That disbursements from the funds received for vocational education and vocational rehabilitation shall be made upon warrants of the state auditor issued on requisitions of the state board of education approved by the state board of control. The treasurer shall include in his biennial report to the governor a statement of his receipts and disbursements under the provisions of this article.(1891, c. 65, §5; 1908, c. 27, §§176, 209; 1919, c. 2, §§14, 132, 143, 150; 1921, c. 19, §133b; Code 1923, c. 45, §§14, 132, 133b, 143, 150.)

§1. Continuation; Board of Governors.—The West Virginia university, heretofore established and located at Morgantown, in Monongalia county, shall be continued, and shall be known as the “West Virginia University.” The educational affairs of the university shall be under the control, supervision and management of a board of governors, heretofore established, which shall be a corporation, and as such may contract and be contracted with, sue and be sued, plead and be impleaded, and have and use a common seal. The board shall consist of seven members, all of whom shall be citizens of the State, appointed by the governor, by and with the advice and consent of the senate, each for a term of four years. At least one member shall be appointed from each congressional district, and not more than four shall be appointed from the same political party. At least three members shall be graduates of the West Virginia university. No appointee of the board shall serve on the board.

The members of the board in office on the date this Code takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. On or before the first day of May next after this Code takes effect, and annually thereafter, upon the expiration of the terms for which the members of the board are appointed, the governor shall appoint their successors for terms of four years. Before exercising any authority or performing any duties as a member of the board, the members thereof shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article four of the Constitution, the certificate whereof shall be filed in the office of the secretary of state. A suitable office or offices for the board shall be provided in the buildings of the West Virginia university.

The board shall have the entire control and management of all the educational affairs of the university, and shall have full authority to employ all officers, teachers and other employees of the university and fix their yearly or monthly salaries: Provided, however, That the board of control shall, before the beginning of any fiscal year, fix the total amount that shall be paid during the year as compensation to all officers, teachers and other employees, and the board of governors shall fix the respective salaries of such officers, teachers and employees, but the aggregate thereof shall not exceed the amount fixed by the board of control, and in no event shall such aggregate exceed the funds made available by law for such purpose. In all other respects the financial and business affairs of the university shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code.

The board shall meet annually in June at the university in the performance of its duties, and may meet at such other times as may be necessary for the best interests of the university. Special meetings may be called by the board when in session, or by the president of the board. The board shall at each annual meeting elect one of its members as president and one as vice president of the board, and shall appoint a secretary and fix his salary, the same to be paid out of the funds appropriated by the legislature for the maintenance of the university. The members of the board shall serve without compensation, but every member shall be reimbursed from the appropriation made by the legislature for the support of the university for any expense incident to the performance of his duties, upon presentation of an itemized sworn statement of the same, by requisition approved by the president of the board.

The board shall make the same reports to the state auditor and to the governor respecting the university as the state board of education is required to make under sections fourteen and fifteen, article two of this chapter, respecting the educational institutions under its control and management.(1863, c. 56; 1867, c. 9; Code 1868, c. 45, §§77-79; 1872-3, c. 123, §§76-78; 1881, c. 15, §§76-78; 1908, c. 27, §§166-167; 1909, c. 58, §18; 1919, c. 2, §134; Code 1923, c. 45, §134; 1927, c. 13.)

§2. President.—The president of the university shall be president of the general faculty and of the faculties of the several colleges and departments thereof, and the executive head of the university in all its departments. Subject to the authority vested by this chapter in the board of governors, he shall give general direction to the administrative affairs and to the scientific investigations of the university and of its several departments; and, subject to the orders of the board, he shall have authority, in the recess of the board, to remove any employee or subordinate officer, who is not a member of the faculty, and fill for the time any vacancy that may occur by such removal or otherwise.(1919, c. 2, §135; Code 1923, c. 45, §135.)

§3. Biennial Reports of President.—On or before the end of each biennial period the president of the university shall make a report to the board of governors and the state board of control, showing in detail the progress and condition of the university during such biennium, and such other detailed information about the affairs and the control of the university as said boards may request or as he may deem wise to communicate.(1919, c. 2, §136; Code 1923, c. 45, §136.)

§4. Colleges, Schools, Departments and Divisions in University.—In consultation with the president of the university, the board of governors shall have authority to establish and maintain in the university such colleges, schools, departments and divisions as from time to time may be expedient, and shall provide for the organization and management of the same.(Code 1868, c. 45, §81; 1872-3, c. 123, §80; 1881, c. 15, §79; 1908, c. 27, §172; 1913, c. 71, §172; 1919, c. 2, §137; Code 1923, c. 45, §137.)

§5. Rules and Regulations.—The rules and regulations made by the president and faculties of the university governing the admission of students to the university, the standards of scholarship to be maintained, the conferring of degrees and the granting of diplomas, certificates, and other evidences of work done by students of the university, shall be submitted to the board of governors for its approval. The rules and regulations made by the president and faculties for the general government of the university shall in like manner be submitted to said board for its approval.(1867, c. 9, §§8, 12; Code 1868, c. 45, §§84, 88; 1872-3, c. 123, §§83, 86; 1881, c. 15, §§82, 85; 1887, c. 6, §82; 1895, c. 41, §82; 1903, c. 30, §82; 1908, c. 24, §85; c. 27, §§172, 173; 1909, c. 21, §173; 1913, c. 71, §172; 1915, c. 65, §173; 1919, c. 2, §138; Code 1923, c. 45, §138.)

§6. Military Training; Federal Aid.—Male students of suitable age in the university shall be required, under such regulations as the board of governors shall prescribe, to enroll in the department of military science. Such students shall serve for the time required by such regulations and shall be entitled to such special privileges and immunities as the board of governors may determine. The board of governors shall have authority to accept appropriations, materials, and other benefits from the federal government on account of any federal law providing for aid to the West Virginia university for giving instruction in military science, and to cooperate as far as practicable with the federal government for such purpose.(1867, c. 9, §8; Code 1868, c. 45, §§84, 85; 1872-3, c. 123, §§83, 84; 1881, c. 15, §§82, 83; 1887, c. 6, §82; 1895, c. 41, §82; 1903, C. 30, §82; 1908, c. 27, §§173, 174; 1909, c. 21, §173; 1915, c. 65, §§173, 174; 1919, c. 2, §140; Code 1923, c. 45, §140.)

§7. Agricultural Experiment Station.—The West Virginia agricultural experiment station, heretofore established as a department in the West Virginia university, shall be continued, and shall be managed and controlled as other departments and divisions of the university.(1889, c. 17; 1919, c. 2, §144; Code 1923, c. 45, §144.)

§8. Agricultural Extension Division.—The agricultural extension division heretofore created and established in the college of agriculture, at West Virginia university, shall be continued in order to promote the improvement and advancment of agriculture, domestic science, and rural life among the people of the several counties of the State. The agricultural extension division shall be coordinate with the resident in struction division and the agricultural experiment station. The work of the agricultural extension division of the college of agriculture shall be conducted under such rules, regulations and methods as may be approved by the board of governors, but every expenditure under this section shall be approved by the state board of control. Such extension work shall consist of holding extension schools in the various counties of the State, at which instruction shall be given in soil fertility, horticulture, stock raising, crop production, dairying, and other branches of agriculture, domestic science and kindred subjects; of conducting farmers’ institutes; of furnishing speakers and exhibits for special agricultural trains; of giving instruction and demonstrations at agricultural fairs, farmers’ institutes, clubs, granges, or other organizations that may be useful in extending agricultural knowledge; of conducting, in cooperation with school officials and the United States department of agriculture, boys’ and girls’ agricultural clubs; of appointing county agricultural and home demonstration agents and supervising and assisting them in advancing the agricultural and home interests of their respective counties or districts by encouraging demonstrations in orcharding, soil improvement, crop production, stock raising, and other phases of agriculture, home economics and kindred subjects, as provided in article eight, chapter nineteen of this Code; of giving instruction by mail in agriculture, domestic science, and kindred subjects; of publishing bulletins, circulars, and newspaper articles; and of such other methods as may carry the benefits of the work of the college of agriculture, the agricultural experiment station and the United States department of agriculture to the people of the several counties of the State. All such itinerant educational work in agriculture and home economics carried on under appropriation by or to this State shall be under the control and super vision of said agricultural extension division.(1913, c. 71, §172; 1919, c. 2, §139; Code 1923, c. 45, §139.)

§9. Mining Experiment Station.—The mining experiment station (or bureau of mine research) heretofore established in the college of engineering at West Virginia university shall be continued. It shall conduct investigations and make tests to better safeguard the lives of miners and to bring about greater efficiency and conservation in the mining and mineral industries, shall make such tests and investigations as may be required by the department of mines in the prosecution of its work, shall conduct such experiments and tests as may promote the development of the mineral industries of the State, and shall cooperate with the department of mines in the investigation of the cause of mine disasters and common mine accidents. The work of the mining experiment station shall be conducted under such rules, regulations and methods as may be prescribed by the board of governors and approved by the department of mines.[1915, c. 10, §84; Code 1923, c. 15H, §36e (3); 1925, c. 88, §69.]

§10. General Extension Work of University.—The board of governors is hereby authorized and empowered to organize and conduct, through the organization of the different colleges, schools and departments of the university, extension work in the form of schools, classes, lectures, and other forms of instruction, throughout the State.(1919, c. 2, §141; Code 1923, c. 45, §141.)

§11. Four-H Camps.—The “4-H” camp institute and state exhibit of boys’ and girls’ club work, heretofore established at Jackson’s Mill, in Lewis county, shall be continued for the purpose of teaching boys and girls the “4-H” standards of living and to inspire them to lift themselves toward these standards, and to discover and train boys and girls for leadership and for the purpose of teaching standards of excellence in agriculture and home economics. It shall be the duty of the state board of control to secure a site for the aforesaid camp institute and state show, and to erect the necessary buildings, and provide necessary and suitable equipment. It shall be the duty of the state board of control, when such grounds and buildings are provided and equipped, as above stated, to turn them over to the college of agriculture of West Virginia university to be operated by the extension division in carrying out the purposes and intents herein set forth. When not in use by the extension division, and under their regulations, this equipment may be rented to other organizations for convention use. Any money derived from such rent shall be turned over to the state board of control. Any appropriations hereafter made to carry out the provisions and purposes of this section shall be expended through the state board of control.

The regional “4-H” camp, heretofore established at Pinecrest, in Raleigh county, shall also be continued for the purpose of stimulating interest in, and teaching methods of attaining higher standards of living and better modes of life in mining and other industrial communities, and be operated by the extension division of the West Virginia university, as herein before provided in this section.

The county court of any county may appropriate money from the county fund to erect a county building on such “4-H” camp property at Jackson’s Mill, and at Pinecrest, or either of them.(1921, c. 123, §§1-3; Code 1923, c. 45, §28; 1923, c. 128; 1927, c. 42.)

§12. Anatomical Board; Composition; Powers; Duties.—The dean of the college of medicine of the West Virginia university and the professor of human anatomy in said college, are hereby constituted a board, by the name of the “West Virginia Anatomical Board,” for the purpose of making requisition for, receiving, and making disposition of, the dead human bodies mentioned in the next succeeding section, for the scientific uses and purposes of said college of medicine. The board shall have full power to establish rules and regulations for its own government, and for the requisition, use, disposition and control of such dead human bodies as may come under its authority pursuant to this article. The board shall have authority to appoint such officers, employees and agents as may be necessary to carry out the purposes for which the board is organized. It shall keep a full and complete record of its transactions, showing, among other things, every dead human body received pursuant to this article, giving name, sex, age, date of death, place from which received, when received, and from whom received, which record shall be open at all times to the inspection of the attorney general and any prosecuting attorney in West Virginia.(1901, c. 32, §1; Code 1923, c. 45, §145.)

§13. Dead Bodies Subject to Requisition of Anatomical Board.—All dead human bodies which may come under the charge or control of any county court, or of the superintendent, officer or agent having the supervision of any almshouse, prison, morgue, hospital, asylum, or other public institution in this State, or in any county, district or municipality therein, and which may be required to be buried at public expense, shall be subject to the requisition of the anatomical board as provided in the next succeeding section, except that no such dead human body shall be delivered to the anatomical board if any person claiming to be related to the deceased by blood or marriage shall make a statement in writing of the fact, and shall claim such body for burial, or shall make affidavit that he is unable to bear the expense of burial and desires the person deceased to be buried at public expense. Such statement and affidavit may be filed by any such relative with the county court or with the superintendent, officer or agent having the custody and control of the body of the person so claimed, either before or after the death of such person.(1901, c. 32, §2; Code 1923, c. 45, §145.)

§14. Requisition for Dead Bodies; Offenses; Penalty.—It shall be the duty of the county court, or of the superintendent or other officer or agent in charge of any almshouse, prison, morgue, hospital, asylum, or other public institution aforesaid, to give immediate notice by telegraph to the anatomical board of every dead human body that comes under the custody and control of such county court, superintendent, officer or agent, as aforesaid, which is required to be buried at public expense, and for which no claim has been made as provided in the next preceding section; and to hold such body subject to the order of the anatomical board for at least twenty-four hours after sending the notice to the board of the existence of such body. If the anatomical board claims the body within such period, the county court, superintendent, officer or agent in charge thereof shall deliver the same to the board or its authorized agent for transportation to the college of medicine at the West Virginia university.(1901, c. 32, §3; Code 1923, c. 45, §145.)

§15. Conveyance of Dead Bodies.—The anatomical board shall employ a carrier or carriers for the conveyance of such dead human bodies, which shall be inclosed with a suitable incasement and deposited free from public observation.(1901, c. 32, §4; Code 1923, c. 45, §145.)

§16. Expense of Delivery.—Neither the State, nor any county, district, municipality, or any officer or agent thereof, nor the superintendent, officer or agent having supervision of any almshouse, prison, morgue, hospital, asylum or other institution, shall be liable for any expense by reason of the delivery, transportation or removal of any dead human body mentioned in any of the four next preceding sections, but all such expense shall be paid out of the general exense fund of the West Virginia university.(1901, c. 32, §6; Code 1923, c. 45, §145.)

§17. Bond of Anatomical Board.—No body shall be received by the anatomical board until a bond shall have been given by the members thereof, or by some person in their behalf, with security approved by the clerk of the circuit court of Monongalia county, in a penalty of one thousand dollars, conditioned that all bodies which said board shall receive shall be used only for the promotion of medical science in the college of medicine of the West Virginia university. Such bond shall be filed with and recorded by the clerk of the circuit court of Monongalia county.(1901, c. 32, §5; Code 1923, c. 45, §145.)

§18. Offenses Relating to Anatomical Board; Penalties.—Any person who shall neglect, refuse, or omit to perform any duty required of him by the sections of this article relating to the anatomical board of West Virginia shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars.(1901, c. 32, §7; Code 1923, c. 45, §145.)

§19. Dormitories; Method of Financing.—The state board of control is hereby authorized and empowered to construct and maintain dormitories for the use of students at the West Virginia university, and for such purpose the board is further authorized and empowered to lease to a nonprofit sharing corporation so much of the land owned by the State, and used by the West Virginia university, as may be necessary, for a term not to exceed thirty years, upon condition that such corporation shall construct such dormitories thereon, and, when constructed, shall sublease such dormitories to the board of control, with a provision therein that, from time to time, the rents from such dormitories shall be applied to (a) maintenance, (b) interest, and (c) the principal of the cost of the construction thereof, and when the cost thereof is fully paid, such dormitories shall revert to and become the property of the State free from any claim of said corporation.

§1. Continuation; Management.—The state normal schools heretofore established shall be continued and shall be known, respectively, as follows: “Marshall College,” “Fairmont State Normal School,” “West Liberty State Normal School,” “Glenville State Normal School,” “Shepherd College State Normal School,” and “Concord State Normal School.” The educational affairs of the aforesaid institutions shall be under the control, supervision and management of the state board of education, as provided in section thirteen, article two of this chapter, and their financial and business affairs shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code. The function of the normal schools shall be the preparation of teachers through such courses of study as the faculties thereof may prescribe with the approval of the state board of education. The rules and regulations made by the president or other head and the teachers of each of the normal schools for the general government of such school, for the admission of students thereto, the standards of scholarship to be maintained therein, and the graduation of students therefrom, shall be submitted to the state board of education for its approval. The president and the teachers of each of the normal schools shall be persons of broad and liberal education, as evidenced by the possession of a bachelor’s degree from a standard college or university, or the equivalent thereof, as a minimum requirement.(Joint Resolution adopted Feb. 3, 1865; 1867, cc. 91, 120; 1868, c. 146; Code 1868, c. 45, §§89-95; 1870, c. 60; 1872, cc. 60, 101, 124; 1872-3, c. 123, §§87-94; 1879, c. 74, §87; 1881, c. 15, §§87-98; 1895, c. 41, §§87, 88; 1901, c. 51, §87; 1908, c. 27, §§177-187; 1919, c. 2, §147; Code 1923, c. 45, §147.)

§1. Continuation; Management.—The institution for the instruction of colored students heretofore established and located at Institute, in Kanawha county, shall be continued and shall be known as the “West Virginia State College.” The educational affairs of said college shall be under the control, supervision and management of the state board of education, as provided in section thirteen, article two of this chapter, and its financial and business affairs shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code.

The state board of education shall establish and maintain in the West Virginia state college, in addition to the departments already established, such professional and graduate schools and college courses of study as may be expedient and practicable, and shall prescribe the conditions for graduation therein and make rules for the conferring of degrees and for issuing the proper diplomas to those who complete such courses, as in the case of other state educational institutions.

The West Virginia state college shall have power and authority to do extension work in agriculture, home economics, and such other subjects as the state board of education and the advisory council thereto may direct, among the negro population of West Virginia.

The rules and regulations made by the president and faculty of said college for its general government, for the admission of students thereto, the standards of scholarship to be maintained therein, and the graduation of students therefrom, shall be submitted to the state board of education for its approval.(1891, c. 65; 1901, c. 50, §2; 1908, c. 27, §§204-210; 1915, c. 66, §§205a, 207a; 1919, c. 2, §150; Code 1923, c. 45, §150; 1929, c. 11.)

§2. State Aid to Students Taking Advanced Courses Outside State.—All bona fide residents of this State who have been residents of the State for five years, and who have completed courses of study equivalent to two years of college grade preparatory to special courses to be pursued outside of the State, or who have otherwise qualified to enter such courses, and who are now pursuing, or may hereafter pursue, courses of study in educational institutions outside of the State the same as those taught in the West Virginia university, or other West Virginia schools, and, because of section eight, article twelve of the Constitution of West Virginia, cannot pursue such courses in the West Virginia university, or other state schools, and no such courses are taught in state-supported educational institutions provided for them, shall have their annual tuition and fees paid by the State to the amount paid by a nonresident student of the state university, or other state-supported school, over and above the amount of annual tuition and fees paid by a resident student of the state university or other school, such tuition cost to be ascertained by the state board of control for the preceding school year and paid upon requisition of the state superintendent of schools out of funds appropriated for that purpose. The advisory council to the state board of education and the state board of education, acting jointly, shall prescribe rules and regulations governing the granting of aid under this section.(1927, c. 10, §§1-3; 1929, c. 34, §§1-3.)

§1. Continuation; Management.—The Bluefield colored institute heretofore established and located at Bluefield, in Mercer county, shall be continued and shall be known as the “Bluefield Colored Institute.” The educational affairs of the institute shall be under the control, supervision and management of the state board of education, as provided in section thirteen, article two of this chapter, and its financial and business affairs shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code. The rules and regulations made by the principal and faculty of said institute for its general government, for the admission of students thereto, the standards of scholarship to be maintained therein, and the graduation of students therefrom, shall be submitted to the state board of education for its approval.(1895, c. 40; 1908, c. 27, §§211-218; 1919, c. 2, §151; Code 1923, c. 45, §151.)

§1. Continuation; Management.—The West Virginia trades school heretofore established and located at Montgomery, in Fayette county, shall be continued and shall be known as the “New River State School.” The educational affairs of the school shall be under the control, supervision and management of the state board of education, as provided in section thirteen, article two of this chapter, and its financial and business affairs shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code. The rules and regulations made by the principal and faculty of this institution for its general government shall be submitted to the state board of education for its approval. The school shall offer instruction in home economics, industrial subjects, and such other subjects as the state board of education may direct.(1895, c. 38; 1908, c. 27, §§189-195; 1919, c. 2, §149; 1921, c. 51, §149; Code 1923, c. 45, §149.)

§1. Continuation; Management.—The preparatory branch of the West Virginia university heretofore established and located at Keyser, in Mineral county, shall be continued and shall be known as the “Potomac State School.” The educational affairs of the school shall be under the control, supervision and management of the state board of education, as provided in section thirteen, article two of this chapter, and its financial and business affairs shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code. The rules and regulations made by the principal and faculty of this institution for its general government shall be submitted to the state board of education for its approval. The school shall offer instruction in agriculture, home economics, commercial subjects and such other subjects as the state board of education may direct.(1901, c. 140; 1908, c. 27, §§196-203; 1919, c. 2, §148; 1921, c. 51, §148; Code 1923, c. 45, §148.)

§1. Continuation; Management.—The West Virginia schools for the deaf and the blind, heretofore established and located at Romney, in Hampshire county, shall be continued and shall be known as the “West Virginia Schools for the Deaf and the Blind.” The schools shall be maintained for the care and training of the white deaf and blind of the State. The educational affairs of the schools shall be under the control, supervision and management of the state board of education, as provided in section thirteen, article two of this chapter, and their financial and business affairs shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code.(1870, c. 116, §1; 1887, c. 52, §1; 1897, c. 25, §98a; 1908, c. 27, §219; 1919, c. 2, §152; Code 1923, c. 45, §152.)

§2. Admission and Record of Pupils.—All white deaf and blind youths resident in the State, between the ages of eight and twenty-five years, shall be admitted to the institution on application to the principal, until the institution is filled. Applicants shall be admitted in the order of their application. It shall be the duty of the principal to keep a careful record of the names of all applicants, with the dates of their admission and discharge, their ages, post-office addresses, the names of their parents or guardians, and the degree, cause and circumstances of their deafness or blindness.(1870, c. 116, §9; 1871, c. 71, §9; 1895, c. 39, §9; 1908, c. 27, §230; 1919, c. 2, §153; Code 1923, c. 45, §153.)

§3. Tuition, Board and Clothing of Pupils.—All such deaf and blind pupils shall be admitted to the schools without charge for board and tuition. When not otherwise provided with clothing they shall be furnished therewith by the institution while they are pupils therein, and the principal shall make out an account therefor in each case against the county where the pupil receiving the clothing resided when entering the schools, in an amount not exceeding forty dollars per annum for any one pupil, which account shall be sworn to by the principal and counter signed by the secretary and shall be transmitted by the principal to the auditor of the State, who shall forward a copy thereof to the clerk of the county court of such county. The county court shall, at its next levy term, provide for the payment of the same and cause the amount to be paid into the state treasury to the credit of said schools. All money so received may be disbursed upon requisitions for the payment of the current expenses of said schools. If any such accounts are not paid within a reasonable time after such levy term, it shall be the duty of the auditor to collect the same.(1870, c. 116, §9; 1871, c. 71, §9; 1895, c. 39, §9; 1908, c. 27, §231; 1919, c. 2, §154; Code 1923, c. 45, §154.)

§4. Period of Attendance; Special Admissions.—The pupils of said schools may continue therein five years, and as much longer as, in the discretion of the state board of education and the principal, their condition and progress seem to justify. After all applicants between the prescribed ages of eight and twenty-five years have been admitted, if there are additional accommo dations, the principal may admit other deaf and blind persons who may be of suitable age to receive any advantage from the institution, and upon such terms as the state board of education may prescribe; but it shall be distinctly understood that such persons shall withdraw from the institution in the order of their admission to make room for new applicants between the ages prescribed.(1870, c. 116, §9; 1871, c. 71, §9; 1895, c. 39, §9; 1908, c. 27, §232; 1919, c. 2, §155; Code 1923, c. 45, §155.)

§5. Course of Instruction.—The course of instruction in the institution shall be prescribed by the state board of education with the advice of the principal, and shall be as extensive, both in the intellectual, musical and mechanical departments, as the capacities and interests of the pupils may require.(1870, c. 116, §10; 1871, c. 71, §10; 1908, c. 27, §233; 1919, c. 2, §156; Code 1923, c. 45, §156.)

§6. Registration of Deaf and Blind by Assessors.—In addition to their other duties the assessors of the State are hereby required to register, in a book to be furnished them by the state auditor for the purpose, the names of all the deaf and the blind persons in their respective counties, with the degree and cause of deafness and blindness in each case, as far as can be ascertained from the heads of the families or from other persons whom the assessors may conveniently consult, their ages, the names of their parents or guardians, their post-office addresses, and such other facts as may be useful in making the institutions efficient in ameliorating the conditions of the deaf and the blind. They shall complete the registration as early as possible and forward their report to the auditor, who shall, if practicable, before the first day of July, or as soon thereafter as possible, make an alphabetical abstract of all the facts furnished him by the assessors’ reports, and shall send the same by mail to the principal of the West Virginia schools for the deaf and the blind. The principal shall immediately communicate with all the deaf and blind persons of suitable age and condition mentioned in the auditor’s abstract, with a view to their admission as pupils into said schools.(1870, c. 116, §11; 1871, c. 71, §11; 1887, c. 52, §11; 1908, c. 27, §234; 1919, c. 2, §157; Code 1923, c. 45, §157.)

§1. Continuation; Management; Chief Executive Officer.—The West Virginia School for the colored deaf and blind, heretofore established and located at Institute, in Kanawha county, shall be continued and shall be known as the “West Virginia School for the Colored Deaf and Blind.” The school shall be maintained for the care and training of the colored deaf and blind of the State. The educational affairs of the school shall be under the control, supervision and management of the state board of education, as provided in section thirteen, article two of this chapter, and its financial and business affairs shall be under the charge and control of the state board of control, as provided in section four, article one, chapter twenty-five of this Code. The chief executive officer of the school shall be the principal, who shall be a member of the negro race, shall be a graduate of a reputable college, shall have had at least six years of experience as a teacher, and shall be a person of good executive ability.(1919, c. 11, §1; Code 1923, c. 45, §158a.)

§2. General Provisions.—All of the provisions of sections two, three, four, five and six of the next preceding article of this chapter shall apply to the West Virginia school for the colored deaf and blind, to admissions thereto, and the inmates thereof, to the same extent and with the same effect as if such sections expressly related to the colored deaf and blind and were set out in this article.