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Sec. 20. Shall Institute Proceedings. 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 act 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 as provided in this or subsequent acts. Said 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, shali be entitled to the same fees as in civil cases in the circuit court. The state superintendent of schools shall have power to institute the 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 act or of the rules of the state board of education.
Sec. 21. May Hold Conference. 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.
Sec. 22. Shall Give Interpretation. 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.
Sec. 23. State Manuals and Other Publications. (1) 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 nine of this act. 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.
(2) Said 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.
(3) Said superintendent 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.
(4) 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.
Sec. 24. Shall Make a Biennial Report. On or before the first day of November preceding each regular session of the Legislature, the state super
intendent of schools shall make and transmit a report to the governor, to be transmitted by him to the Legislature. Such reports 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 said superintendent may deem it wise to communicate to the governor and the Legislature. Said report shall, however, contain such information about the public schools of the State as the governor or the Legislature may have previously requested. Said report shall also include the recommendations of the state superintendent respecting needed legislation on behalf of the schools.
Sec. 25. Shall Employ Assistants. For carrying into effect the provisions. of this act, 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, whose salary shall be $2,400.00 per annum and for any necessary expenses incident to the performance of his duties, upon presentation of itemized sworn statement of the same.
Sec. 26. Other Powers and Duties. 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.
THE COUNTY SUPERINTENDENT OF SCHOOLS
Sec. 31. Election, Qualification, Oath, Bond. The county superintendents of schools elected at the general election in November, one thousand nine hundred and eighteen, shall hold office for the full term of four years for which they were elected, and until their successors are elected as herein provided and are qualified according to law.
A county superintendent of free schools shall be elected in each county by the voters thereof, at the general election held on the Tuesday after the first Monday in November, one thousand nine hundred and twenty-two, who shall be a resident of the county in which he is elected and whose 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. The county superintendent of free schools 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 a county superintendent of free schools, the presidents of the various district boards of education shall at a meeting called for that purpose, at the court house of the county, by the county superintendent of free schools, not less than six nor more than twelve days after the result of such election is ascertained, appoint one of the persons receiving the highest number of votes for said office at the said 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 made out by the county superintendent and served upon the president of each district board of education at least three days before the day of such meeting in the manner provided by law for the service of
After this act shall go into effect, no person shall be elected or appointed to the office of County Superintendent of Schools who does not, at the time of his
election, hold a supervisor's certificate or who is not a graduate of a standard normal school or who has not completed courses in other institutions that, in the opinion of the state board of education, are equivalent to such graduation. Provided, however, that anyone who holds a first grade elementary certificate or its equivalent, issued prior to July first, one thousand nine hundred and twenty-two, on which he has taught for a period of ten years, shall be eligible to the office of county superintendent, the same as the ones possessing the qualifications named in this section.
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 said clerk a bond with approved security in the penalty of one thousand dollars ($1,000) conditioned upon the faithful performance of the duties of his office and upon the accounting and paying over to the proper authorities of all money coming into his hands. Said clerk shall within five days after said 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.
Sec. 32. Vacancy, How Filled. 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, wilful 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. After this act shall go into effect any vacancy occurring in the office of county superintendent of schools, whether by removal or otherwise, shall be filled by the presidents of the district boards of education until the next general election. In case of a tie in the vote for filling any such vacancy, the state superintendent of schools shall appoint a county superintendent of schools.
Sec. 33. 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 ($1,200); in counties having seventy-five schools but fewer than one hundred schools, thirteen hundred dollars ($1,300); in counties having one hundred schools but fewer than one hundred twenty-five schools, fourteen hundred dollars ($1,400); and in counties having one hundred twenty-five schoðls or more, the county superintendent shall receive fourteen hundred dollars ($1,400), and in addition thereto three dollars ($3.00) for each school above one hundred twenty-four; provided, however, that the salary of a county superintendent of schools payable out of the general school fund shall in no case exceed twentyone hundred dollars ($2,100) per annum.
Sec. 34. How Payments Shall Be Made. Such 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 said county superintendent, or to his assignee.
General Powers and Duties
Sec. 35. Shall be Chief Executive Officer. 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. Said 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 examination to be reduced to writing.
Sec. 36. Shall Visit 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 said 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 school house are in the judgment of the county superintendent of schools a menace to the health or safety of the pupils of the school, said county superintendent shall have authority to close such school until such conditions are remedied.
Sec. 37. May Hold Conference. 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 and 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.
Sec. 38. Shall be County Financial Secretary. 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 by the Legislature.
The county financial secretary shall keep the financial records for all the schools within his county, said records to be kept in the form prescribed by the chief inspector under chapter thirty-three, acts of 1908. He shall countersign all proper orders issued by the several boards of education within his county before said orders are payable by the sheriff or school treasurer, and shall make annual settlements with the sheriff or school treasurer for the several school funds, as provided by law; he shall at the end of each month deliver to each board of education a summarized statement showing the financial condition of their several school funds, said statement to be in the form prescribed by the chief inspector under chapter thirty-three, acts of one thousand nine hundred and eight.
No sheriff or school treasurer shall pay any order drawn on any school fund until said 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 secreta 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 act an annual compensation of seventyfive 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, said 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.
Sec. 39. Shall Make Annual Report. 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 forms 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 said state superintendent shall have authority to withhold the salary of such county superintendent and may deduct three dollars ($3.00) from the salary of such county superintendent for every day after the first day of August until the receipt of such annual report.
Sec. 40. Shall Exercise Other Authority. The county superintendent of schools shall exercise such other authority and perform such other duties as may be prescribed by this act or by succeeding acts of the Legislature, or as may be