5 classes of schools, or departments thereof, which may now or here6 after be maintained in the state in whole or in part from any state 7 fund or funds; provided, however, that the courses of study in the 8 state educational institutions shall be prepared by the faculties, 9 teachers, or other constituted authority thereof, and shall before 10 going into effect be submitted to the state board of education for 11 its approval.

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It is provided that the basic language of instruction in the 13 common school branches in all schools, public and private and 14 parochial, shall be in the English language only.

Section 10. Plans for School Buildings Shall Be Approved― 2 The state board of education shall have authority to require that 3 the plans and specifications for any and all school buildings to be 4 erected in school districts and in independent school districts 5 having a population of less than five thousand (5,000), shall be 6 submitted to said board or its agent for approval. It shall be the 7 duty of the state board of education to see that all such plans and 8 specifications comply with all the requirements of law relating to 9 the erection of school buildings.

Sec. 11. Shall Adopt Text-Books-The state board of edu2 cation shall adopt text-books for uniform and exclusive use in the 3 public schools of the State, except as hereinafter provided, such 4 adoptions to be made subject to the following restrictions and pro5 visions:

6

(a) By written request or otherwise the state board of edu7 cation shall ask various publishers of text-books in the United 8 States to submit samples and prices of text-books on all subjects 9 required to be taught in the schools of the state. All bids or 10 proposals shall be under seal, and each bidder shall deposit in the 11 state treasury such sum of money as said state board of educa12 tion shall designate, such deposit to be not less than one thousand 13 dollars ($1,000) nor more than three thousand dollars ($3,000); 14 and said deposit shall be forfeited to the general school fund, 15 if such bidder shall fail or refuse to make and execute such contract 16 and bond as are herein required in case of the acceptance of all or 17 a part of his bid, and otherwise shall be returned to said bidders 18 after contracts have been made.

19 (b) All bids shall be opened by the state board of education 20 in executive session. After considering the subject matter, print21 ing, binding, general suitableness and prices of books submitted,

22 said board shall on or before the first Tuesday in May, one thousand 23 nine hundred and twenty two, and every fifth year thereafter adopt 24 one book, or one series of books, and only one, for uniform and ex25 clusive use in the free schools of this state, except in classified 26 high schools and in towns and cities which have a population of 27 thirty-five hundred or over. All bids submitted at such session 27-a shall be made a matter of public record by showing the same by 27-b separate items on the record book of the board. No book or 27-c books shall be changed at the expiration of any five-year 28 contract except by the unanimous vote of the board. 29 When selections and adoptions of books have been properly 30 made, it shall be the duty of the state board of. edu31 cation to execute contracts therefor with the publishers thereof 32 for a period of five years, beginning July first following, each pub33 lisher being required to enter into bond of not less than ten thous34 and dollars ($10,000) to be approved by the state board of public 35 works. Such contracts shall be prepared by the attorney general 36 in accordance with the terms and provisions of this act, and shall be 37 executed in duplicate, one copy held by the contractors and one by 38 the state superintendent of schools. Should any successful bid39 der fail to contract, or, if for any cause any book or books adopted 40 cannot be secured, the state board shall proceed at once to the se41 lection and adoption of other books in lieu thereof. The state of 42 West Virginia shall not be liable in any sum on account of any 43 contract made in pursuance of the provisions of this section. It is 44 expressly provided, however, that nothing contained herein shall 45 impair the contracts now in effect between the state school book 46 commission abolished by section sixteen of this act and the pub47 lishers of uniform text-books now adopted and in use in the public 48 schools of the state.

49 (c) If any publisher or contractor furnishes to this state any 50 book of like binding, material and workmanship at a higher price 51 than the price at which said publisher or contractor furnishes the 52 same book to any other state, county, city or other school unit in 53 the United States, like conditions prevailing, the state board of 54 education shall require such publisher or contractor to make a like 55 reduction of such price in this state, under penalty of cancellation 56 of contract for any such book.

57 (d) It shall be the duty of the state board of education to 58 fix the prices at which the various books adopted shall be sold to 59 patrons, the excess of which above contract price shall represent the

60 profit to the retailer; but in no case shall such profit exceed twen61 ty per cent. of the contract price. The state superintendent of 62 free schools shall notify each county superintendent of the list of 63 books adopted and the prices at which they are to be sold and any 64 person selling such books at a higher price than that fixed by the 65 state board of education shall be guilty of a misdemeanor, and 66 upon conviction thereof, shall be fined not less than ten dollars nor 67 more than fifty dollars. The books furnished during the contract 68 period shall be equal in all respects to the sample copies furnished 69 the said board; and it shall be the duty of the state superin70 tendent of free schools to carefully preserve in his office as the 71 standard of quality, sample copies of all books contracted for. 72 (e) It shall be the duty of each contractor at his own ex73 pense to place with responsible dealers, in no fewer than three 74 magisterial districts in each county, at least two weeks before 74-a the beginning of school in any district in this county where 74b such books are used, a sufficient number of books to supply 75 the demand. He shall also arrange for the exchange of 76 books at such places, allowing pupils or boards of education an 77 exchange price as liberal as is granted on the same books to any 78 other city, county, or state in the United States, like conditions 79 prevailing. The exchange privilege shall extend through one en80 tire school year, and the dealer making the exchange shall be 81 allowed by the contractors ten per cent of the cash proceeds of 82 same. Nothing in this act is to be construed as preventing 83 the use of supplementary readers; provided, they do not displace 84 the adopted readers, nor the use of more advanced books in such 85 schools as may be ready for the same.

Sec. 12. Gifts and Bribes-Any member of the state board 2 of education who shall receive, solicit or accept any gift, present or 3 thing of value to influence him in his vote for the adoption of books, 4 or any person who shall either directly or indirectly give or offer to 5 give any such gift, present or thing of value to any member of said 6 state board of education to influence him in voting for the adop7 tion of books shall be guilty of a felony, and upon conviction there8 of shall be punished by confinement in the penitentiary of this 9 state not less than one year nor more than three years.

Sec. 13. Shall Make Rules Governing Purchase, Distribution, 2 and Care of Text Books-The state board of education shall make 3 rules governing the purchase, distribution, use, and care of all 4 free text-books used in the public schools of this state.

Shall Make Rules-Subject to and in conformity 2 with the state constitution and the laws of the state, the state 3 board of education shall determine the educational policies of the 4 state and shall make rules for carrying into effect the laws 5 and policies of the state relating to education, including rules 6 relating to the physical welfare of pupils, the education of feeble7 minded and physically disabled or crippled children of school age, 8 retirement fund for teachers, school attendance, evening and con9 tinuation or part-time day schools, school extension work, the 10 classification of schools, the issuing of certificates upon credentials, 11 the purchase, distribution and care of free text-books by the dis12 trict board of education, the general powers and duties of county 13 and district boards of education, and of school trustees, teachers, 14 principals, supervisors, and superintendents and such other mat15 ters pertaining to the public schools in the state as may seem to 16 the board to be necessary and expedient.

17 The state board of education is hereby authorized and em18 powered to accept for the state of West Virginia any appropria19 tions of money for the removal of illiteracy, the teaching of im20 migrants, and other educational purposes that may hereafter be 21 made out of the federal treasury by any act or acts of congress, 22 and shall be constituted the chief state educational authority for 23 the expenditure and administration of any such funds. Said 24 board shall have authority to make rules and regulations for the 25 expenditure of such funds, such expenditure to be in accordance 26 with the terms of the acts of congress making such appropriations. 27 The treasurer of the state is hereby designated as custodian for all 28 funds received as apportionments under the provisions of any such 29 act or acts of congress.

Sec. 15. Shall Exercise Other Authority-The state board 2 of education shall exercise such other authority and perform such 3 other duties as may be delegated to it by this act and by succeeding 4 acts of the legislature.

Sec. 16. Boards Abolished-The state board of regents, the 2 state board of education, the state school book commission, and 3 the state vocational board as now respectively constituted by 4 law are hereby abolished, effective at midnight of the thirtieth 5 day of June, one thousand nine hundred and nineteen.

THE STATE SUPERINTENDENT OF SCHOOLS.

Sec. 17. Election, Qualifications, Salary-There shall be

2 elected by the qualified voters of the state a state superintendent 3 of schools, whose term of office shall be the same as that of the 4 governor. He shall be a person of good moral character, of recog5 nized ability as a school administrator, with academic and profes6 sional training equivalent to graduation from a standard university 7 or college, and shall have had not less than five years of experience 8 in public school work. He shall receive an annual salary of five 9 thousand dollars ($5,000), to be paid monthly out of the state 10 fund upon warrants of the state auditor, and he shall receive 11 necessary traveling expenses when away from the capital on of12 ficial business, not to exceed the sum of five hundred dollars, the 13 same to be paid out of the general school fund upon warrants of 14 the state auditor. Said superintendent shall reside and keep his 15 office at the state capital.

General Powers and Duties.

Sec. 18. Shall Provide Seal-The state superintendent of 2 schools shall provide a seal for his office and copies of his acts and 3 decisions, and of papers kept in his office when authenticated by his 4 signature and his official seal, shall be received as evidence in all 5 courts the same as the original. He shall sign all requisitions on 6 the auditor for the payment of money out of the state treasury for 7 school purposes, except as otherwise provided by law.

Sec. 19. Shall Have General Supervision of Schools-The 2 state superintendent of schools shall have general supervision of 3 the free schools of the state, and shall be the chief executive officer 4 of the state board of education. He shall be charged with the 5 general supervision of all county and city superintendents of free 6 schools and of county and district boards of education within 7 the state, except as provided in chapter thirty-three of the acts 7-a of one thousand nine hundred and eight. He shall 7-b prescribe the forms and cause to be prepared and 8 printed all blanks necessary for carrying out the details 9 of the school system of the state, and of the rules of the 10 state board of education, so as to secure the uniform opera11 tion of the same throughout the state. In respect to 12 general school statistics, said forms and blanks shall conform as 13 nearly as may be to the forms and blanks recommended by the 14 United States bureau of education. Said state superintendent 15 shall also cause such forms and blanks to be forwarded to all school 16 officers and other persons whose duty or right it is to use them.