Sec. 88. No sum of money shall be paid out of the treasury 2 for the years ending June 30, 1920 and 1921, beyond the amounts 3 hereby appropriated, unless the same be provided for by the con4 stitution or some general law, and no money shall be hereafter 5 drawn from the treasury to pay the salary of any officers or em6 ployees before their services have been rendered.

Sec. 89. Upon the adjournment of this session of the legis 2 lature, the clerk of the house and the clerk of the senate, shall 3 jointly make up and furnish the auditor and treasurer, without 4 delay, a certified copy of this and all other acts carrying appro5 priations.

Senate Bill No 47

AN ACT to amend and re-enact chapter forty-five of Barnes' code of one thousand nine hundred and sixteen, all relating to education. [Passed February 21, 1919. In effect ninety days from passage. Approved by the

Be it enacted by the Legislature of West Virginia:

That chapter forty-five of Barnes' code of one thousand nine hundred and sixteen, be amended and re-enacted so as to read as follows: Section 1. Definitions. The words used in this chapter and by

2 laws and in any proceedings pursuant thereto, shall, unless the 3 context clearly indicates a different meaning, be construed as 4 follows:

5 (1) "School" shall mean the pupils and teacher or teachers 6 assembled in one room.

7 (2) "District" shall mean magisterial school district and 8 shall not include any independent school district heretofore estab8-a lished by special act or acts of the legislature.

9

(3) "Teacher" shall mean teacher, supervisor, principal, 10 superintendent, public school librarian, or any other person regu11 larly employed for instructional purposes in a public school of 12 this state.

Sec. 2. School Year. The school year shall begin on the first 2 day of July and end on the thirtieth day of June, and all reports, 3 accounts and settlements respecting the free schools shall 4 be made with reference to the school year.

Sec. 3. School Districts. Every magisterial district in each 2 of the counties of the state shall be a school district, which shall

3 be divided into such

number of sub-districts as may be 4 necessary for the convenience of the free schools therein. The 5 present districts and sub-districts shall remain until changed in 6 the manner prescribed by law.

STATE BOARD OF EDUCATION.

Sec. 4. How Constituted-Vacancies-How Filled. There 2 is hereby created a state board of education which shall be a 3 corporation and as such may contract and be contracted with, 4 plead and be impleaded, sue and be sued, and have and use a 5 common seal.

6

Said board shall consist of seven members of whom one shall 7 be the state superintendent of schools ex-officio, and the other 8 six members shall be appointed by the governor, as herein pro8-b vided from the two dominant political parties. On or 9 before the first day of May, one thousand nine hundred and 10 nineteen, the Governor shall, by and with the consent of 11 the senate, appoint six members of the board for the fol12 lowing terms, to commence on the first day of July next after 13 their appointment: One for one year, one for two years, one for 14 three years, one for four years, one for five years, and one for 15 six years. Thereafter one member of the board shall be appointed. 16 by the governor on or before the first day of May in every year for 17 a term of six years.

18

The members of the state board of education shall be citizens 19 of the state, but not fewer than three appointive members shall be 20 actively engaged in school work, nor shall more than three ap21 pointive members be of the same political party. No appointee of 22 the board shall serve on the board, unless such appointment is to 23 fill a vacancy by the board as provided by the next following para24 graph of this section. The governor may remove from office any 25 member of the state board of education for incompetency, will26 ful neglect of duty, immorality, malfeasance in office, or for any 27 other good and sufficient reason.

28 Vacancies on the board shall be filled by the governor for the 29 unexpired term, but if within sixty days after a vacancy has oc30 curred the governor has not filled such vacancy, or if within sixty 31 days after the term of a member of the board has expired, the gov32 ernor has not appointed a successor to such member, then in either 33 such event the board itself may fill such vacancy or elect such suc34 cessor. Before exercising any authority or performing any duties

35 as a member of the state board of education each member thereof 36 shall qualify as such by taking and subscribing to the oath of of37 fice prescribed by section five, article four of the state constitution, 38 the certificate whereof shall be filed with the records of the board. 39 A suitable office or offices in the state department of schools at 40 Charleston shall be provided for the use of the state board of edu41 cation.

Sec. 5. Meetings, Salary, Expenses. The state board of edu2 cation shall meet in Charleston on the first day of July, one thou3 sand nine hundred and nineteen, and thereafter the board shall 4 hold at least six meetings in every year at such times and places as 5 its by-laws may prescribe. The board may meet at other times as 6 often as may be necessary. Such other meetings shall be by reso7 lution of the board when in session, or at the call of the president 8 of the board or of the state superintendent of schools.

9 Each appointive member of the state board of education shall 10 be entitled to receive from the general school fund, upon warrants 11 drawn by the state superintendent of schools, the sum of one 12 thousand dollars a year as salary, payable quarterly, and 13 every member of the board shall be reimbursed from said fund for 14 any expenses incident to the performance of his duties, upon pre15 sentation of an itemized sworn statement of the same. There is 16 hereby created an advisory council to the state board of educa17 tion to assist said board in formulating and carrying out policies 18 with respect to the education of the colored youth of the state. 19 Said council shall consist of the state supervisor of colored schools, 20 herein provided, and two citizens of the Negro race to be ap21 pointed by the governor on or before the first day of May, one 22 thousand nine hundred and nineteen, by and with the consent 23 of the Senate for the following terms to commence on the first 24 day of July next after their appointment; one for two years and 25 one for four years, and thereafter one member of said couneil 26 shall be appointed by the governor on or before the first day 27 of May in every second year for a term of four years. Vacan28 cies in said council shall be filled by the governor for the un29 expired term.

30 The two appointive members of said advisory council shall 31 be entitled to receive from the general school fund, upon war32 rants drawn by the state superintendent of schools, the sum 33 of one thousand dollars a year as salary, payable quarterly, and 34 each of said appointive members shall be reimbursed from said

35 fund for any necessary expenses incident to the performance of 36 his duties, upon presentation of itemized sworn statement of 37 same. The said advisory council shall have charge of all mat38 ters with reference to colored schools, subject to the approval of 3 the state board of education.

Sec. 6. Organization. At its first meeting to be held on the 2 first day of July, one thousand nine hundred and nineteen, and at 3 its first regular meeting in every year thereafter, the state board. 4 of education shall elect one of its members as president and one as 5 vice-president of the board. The state superintendent of schools 6 shall be the chief executive officer of the state board of education. 7 Said board shall appoint a secretary and fix his salary, which 8 shall not exceed one thousand eight hundred ($1,800) dollars 9 per year, the same to be paid out of the general school fund upon 10 warrants drawn by the state superintendent of schools.

Sec. 7. Powers and Duties-On and after the first day of 2 July, one thousand nine hundred and nineteen, the state board of 3 education created in section four of this act shall have the general 4 control and management of the educational affairs of the West Vir5 ginia university, the state normal schools, the West Virginia 6 trades school, the West Virginia vocational school, the West 7 Virginia collegiate institute, the Bluefield colored institute, the 8-9 West Virginia schools for the deaf and the blind, and of any 10 other state educational institution which may hereafter be 11 created by law; and the statutory provisions applicable to 12 the government and maintenance of the schools or institutions 13 named in this section shall continue in full force except as may be 14 provided otherwise by this act or by succeeding acts of the legis15 lature. Said board shall exercise such authority and perform such 16 duties as may have been delegated heretofore to the state board of 17 regents, to the state board of education as now constituted, to the 18 state school book commission, and to the state vocational board, 19 subject however to the provisions of this act and of succeeding acts 20 of the legislature. The state board of education shall employ 21 the president or principal and the professors, teachers and other 22 employees of each of the institutions named in this section, and 23 shall fix the yearly or monthly salary to be paid to each person so 24 employed, to be approved by state board of control according to 25 law.

Sec. 8. Training of Teachers-The training of teachers in 2 the state shall be under the general direction and control of the

3 state board of education, which shall through the state superin4 tendent of school, exercise supervisory control over the state 5 normal school and such other institutions named in section seven 6 of this act as may be charged with the duty of training teachers, 7 and over normal training high schools. Said board shall also ex8 ercise supervisory control over the teacher training departments of 9 all private or denominational schools which offer courses for the 10 training of teachers, or which maintain classes or departments 11 therefor.

12

The state board of education shall make rules and regula13 tions for the classification and standardization of all schools in 14 the state, and shall determine the minimum standards for the 15 conferring of degrees and the granting of diplomas. No insti16 tution may grant any diploma or confer any degree on any basis 17 of work or merit below the minimum standard prescribed by the 18 state board of education.

19

Any institution doing work equal to the minimum standard 20 shall be authorized to grant such diplomas or degrees as shall be 21 appropriate to its class, such authorization to continue so long as 22 the institution maintains the standards set. All educational in23 stitutions whose degrees or diplomas were for the school year 24 ending in June, one thousand nine hundred and eighteen, recog25 nized by the state board of education in the granting of teachers' 26 certificates or otherwise, shall be rated as approved institutions 27 and shall continue to hold that distinction so long as they measure 28 up to the minimum standard for institutions of their respective 29 classes.

30 It is further provided, however, that nothing contained herein 31 shall infringe upon the rights granted to any such institution by 32 charter given according to law previous to the passage of this act. 33 It is provided further, that hereafter no charter or other instru34 ment containing the right to confer degrees or to issue diplomas 35 can be granted by the state of West Virginia, to any institution, 36 or other association or organization, either within or without the 37 state, until the condition of conferring such degrees or of issuing 38 such diplomas have first been approved in writing by the state 39 board of education.

Sec. 9. Shall Prescribe Minimum Standards for Courses of 2 Study The state board of education shall prescribe minimum 3 standards of the courses of study to be offered in elementary schools, 4 high schools, vocational schools, and in all other kinds, grades, and