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quarterly, and each of said appointive members shall be reimbursed from said fund for any necessary expenses incident to the performance of his duties, upon presentation of itemized sworn statement of same. The said advisory council shall have charge of all matters with reference to colored schools, subject to the approval of the state board of education.
Sec. 6. Organization. At its first meeting to be held on the first day of July, one thousand nine hundred and nineteen, and at its first regular meeting in every year thereafter, 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 state board of education. Said board shall appoint a secretary and fix his salary, which shall not exceed one thousand eight hundred dollars ($1,800) per year, the same to be paid out of the general school fund upon warrants drawn by the state superintendent of schools.
Sec. 7. Powers and Duties. On and after the first day of July, one thousand nine hundred and nineteen, the state board of education created in section four of this act shall have the general control and management of the educational affairs of the West Virginia university, the state normal schools, the West Virginia trades school, the West Virginia vocational school, the West Virginia collegiate institute, the Bluefield colored institute, the West Virginia schools for the deaf and the blind, and of any other State educational institution which may hereafter be created by law; and the statutory provisions applicable to the government and maintenance of the schools or institutions named in this section shall continue in full force except as may be provided otherwise by this act or by succeeding acts of the Legislature. Said board shall exercise such authority and perform such duties as may have been delegated heretofore to the state board of regents, to the state board of education as now constituted, to the state school book commission, and to the state vocational board, subject however to the provisions of this act and of succeeding acts of the Legislature. 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 state board of control according to law.
Sec. 8. Training of Teachers. 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 superintendents of schools, exercise supervisory control over the state normal schools and such other institutions named in section seven of this act as may be charged with the duty of training teachers, and over normal training high schools. Said 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, and shall determine the minimum standards for the conferring of degrees and the granting of diplomas. 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 set. All educational institutions whose degrees or diplomas were for the school year ending in June, one thousand nine hundred and eighteen, recognized by the state board of education in the granting of teachers' certificates or otherwise, 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.
It is further provided, however, that nothing contained herein shall infringe upon the rights granted to any such institution by charter given according to law previous to the passage of this act. It is provided further, that hereafter no charter or other instrument containing the right to confer degrees or to issue diplomas can be granted by the State of West Virginia, to any institution, or other association or organization, either within or without the State, until the condition of conferring such degrees or of issuing such diplomas have first been approved in writing by the state board of education.
Sec. 9. Shall Prescribe Minimum Standards for Courses of Study. The state board of education shall prescribe minimum standards of 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.
It is provided that the basic language of instruction in the common school branches in all schools, public and private and parochial, shall be in the English language only.
Sec. 10. Plans for School Buildings Shall Be Approved. The state board of education shall have authority to require that the plans and specifications 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 (5,000) 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.
Sec. 11. Shall Adopt Text-Books. The state board of education shall adopt text-books 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 text-books in the United States to submit samples and prices of text-books 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 said state board of education shall designate, such deposit to be not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000); and said 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 said bidders after contracts have 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, said board shall on or before the first Tuesday in May, one thousand nine hundred and twenty-two, and every fifth year thereafter adopt one book, or one series of books, and only one, 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 by separate items on the record book of the board. «No book or books shall be changed at the expiration of any five-year contract except by the unanimous vote of the board. 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 July first following, each publisher being required to enter into bond of not less than ten thousand dollars ($10,000) 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 act, and shall be executed in duplicate, one copy 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. It is expressly provided, however, that nothing contained herein shall impair the contracts now in effect between the state school book commission abolished by section sixteen of this act and the publishers of uniform text-books now adopted and in use in the public schools of the State.
(c) If any publisher or contractor furnishes to this State any book of like binding, material and workmanship at a higher price than the price at which said publisher or contractor furnishes the same book to any other state, county, city or other 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 contract for any such book.
(d) It shall be the duty of the state board of education to fix the 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 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 dollars nor more than fifty dollars. The books furnished during the contract period shall be equal in all respects to the sample copies furnished the said 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 education an exchange price as liberal as is granted on the same books to any other 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 same. Nothing in this act 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.
Sec. 12. Gifts and Bribes. 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 said 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.
Sec. 13. Shall Make Rules Governing Purchase, Distribution and Care of Text-Books. The state board of education shall make rules governing the purchase, distribution, use, and care of all free text-books used in the public schools of this State.
Sec. 14. Shall Make Rules. Subject to and in conformity with the state constitution and the laws of the State, the state board of education shall determine the educational policies of the State 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 text-books by the district board 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 St as may seem to the board to be necessary and expedient.
The state board of education is hereby authorized and empowered to accept for the State of West Virginia any appropriations of money the removal of illiteracy, the teaching of immigrants, and other educational purposes that may hereafter be made out of the federal treasury by any act or acts of congress, and shall be constituted the chief state educational authority for the expenditure and administration of any such funds. Said board shall have authority to make rules and regulations for the expenditure of such funds, such expenditure to be in accordance with the terms of the acts of congress making such appropriations. The treasurer of the State is hereby designated as custodian for all funds received as apportionments under the provisions of any such act or acts of congress.
Sec. 15. Shall Exercise Other Authority. The state board of education shall exercise such other authority and perform such other duties as may be delegated to it by this act and by succeeding acts of the Legislature.
Sec. 16. Boards Abolished. The state board of regents, the state board of education, the state school book commission, and the state vocational board as now respectively constituted by law are hereby abolished, effective at midnight of the thirtieth day of June, one thousand nine hundred and nineteen.
THE STATE SUPERINTENDENT OF SCHOOLS
Sec. 17. Election, Qualifications, Salary. 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 of five thousand dollars ($5,000), to be paid monthly out of the state fund upon warrants of the state auditor, and he shall receive necessary traveling expenses when away from the 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. Said superintendent shall reside and keep his office at the state capital.
General Powers and Duties
Sec. 18. Shall Provide Seal. The state superintendent of schools shall provide a seal for his office and copies of his acts and decisions, and of papers kept in his office when authenticated by his signature and his official seal, shall be received as evidence in all courts the same as the original. 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.
Sec. 19. Shall Have 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 chapter thirty-three of the acts of one thousand nine hundred and eight. 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, said forms and blanks shall conform as nearly as may be to the forms and blanks recommended by the United States bureau of education. Said 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.