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required by the by-laws 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.
DISTRICT BOARD OF EDUCATION
Sec. 41. How Constituted, Election, Term. In each district there shall be a board of education, which shall consist of a president and two school commissioners, elected by the qualified voters of the district. The commissioner who was elected at the general election in one thousand nine hundred and sixteen, and the commissioner and president who were elected at the general election in one thousand nine hundred and eighteen, shall serve the full term of four years for which they were elected, and until their successors are elected or appointed and have qualified according to law. At the general election to be held on the Tuesday after the first Monday in November, one thousand nine hundred and twenty, and every four years thereafter, one school commissioner shall be elected; and at the general election to be held on the Tuesday after the first Monday in November, one thousand nine hundred and twenty-two, and every four years thereafter, a president and one school commissioner shall be elected. Their terms of office shall commence on the first day of July next after their election, and they shall each continue in office for four years, and until their successors are elected or appointed and have qualified according to law.
Sec. 42. Tie in the Vote. In case of a tie in the vote for school commissioner or president of the board the county superintendent shall appoint one of the contestants as commissioner or president.
Sec. 43. Vacancy, How Filled. Any member of any board of education who shall be employed to teach in his district, or any member who shall move to another district, county or state, shall in either case thereby immediately vacate his office.
Vacancies in the office of school commissioner or president shall be filled by the county superintendent of schools.
Sec. 44. Oath of Office. 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 State Constitution, which oath shall be filed with the secretary of the board of education of his district.
Sec. 45. Meetings, Quorum, Compensation.—The district boards of education shall hold their 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. 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 cannot 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 ($3.00) 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.
General Powers and Duties
Sec. 46. The District Board a Corporation. 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; and shall succeed and be subrogated to all the rights of former district boards of education; and may prosecute and maintain any and all 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 educa- , tion of which it is successor. Said board shall, according to law, hold and dispose of any real estate or personal property belonging to said corporation or its predecessors, or that may hereafter come into its possession. Said 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.
Sec. 47. School Land. Any land or school sites which for five years prior to the first day of July, one thousand nine hundred and nineteen, 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 forty-nine of this act.
Sec. 48. School Property May Be Sold. 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 are 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. Said board may also lease for oil or gas or other minerals any lands
or school sites owned in fee by it, and not used for school purposes, the rental or other proceeds of any such lease to be placed to the credit of the building fund of the district.
Sec. 49. Shall Provide School Sites. 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 authori y 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 "femme couverte," a minor, or a non-resident, the board of education may petition the circuit court to have such land condemned, and such proceedings shall thereupon be had in the name of such board for the condemnation thereof, as provided for in chapter forty-two of the code of West Virginia; provided, that the land so taken shall not exceed in quantity five acres.
It is provided, however, that except in independent school districts, no lands may be purchased by any board of education, nor 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. It is provided, further, that a board of education cannot spend public school funds for the erection of school houses 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.
Sec. 50. Shall Provide Buildings, Furniture and Equipment. 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 educationa? needs of its district. Said board shall also provide such furniture, fixtures, and apparatus for said school houses 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, school houses, and the furniture, fixtures, and apparatus therein to be kept in good order and repair, and may provide for medical and dental clinics. It is provided, however, that 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 said superintendent, unless the plans have been indorsed by the state board of education or its agent. In the event said board cannot agree upon the location or plans of any proposed school building said county superintendent shall select the location and the plans for such building.
It is further provided, that proposed repairs upon old buildings or the remodeling of the same, costing in excess of two hundred ($200.00) 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 that no purchase of school furniture, fixtures, equipment, library books or supplies costing in excess of fifty ($50.00) dollars shall be made by such board of education without the written approval of said superintendent.
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 section and of section fifty* requiring his approval.
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 ($300.00) dollars.
Sec. 51. May Provide Buildings Jointly. 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 of such schoolhouses shall be vested in the board of education of the district in which such joint 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 schoolhouses 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.
Sec. 52. Bond Required from 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 ($100.00) dollars, to execute bond, with approved security, in double the amount of the contract price.
Sec. 53. May Appoint Trustees. Boards of education may, at their discretion, appoint one school trustee for each of the sub-districts, in their districts, or for any one or more of such sub-districts, 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 commencing with the school year, beginning the first day of July, one thousand nine hundred and nineteen, appoint as trustee for each such sub-district a responsible citizen thereof, for a term of one year from the date of his appointment. Said 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. Provided, however, that nothing herein shall prevent a board of education from appointing three trustees for each sub-district in its district, who, when appointed, shall be the custodians of the school property therein, and who shall have the authority to appoint and contract with teachers in their respective sub-districts, 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.
At their meeting on the first Monday in July, one thousand nine hundred and nineteen, the board of education, if it exercise the authority to appoint three trustees, shall appoint one for a term of one year; one for a term of two years; and one for a term of three years; who shall hold their offices until their successors
*Refers to section forty-nine.
are appointed and qualified. After the expiration of said terms all appointments shall be made for a term of three years; but nothing herein shall prevent a board of education from exercising the right to appoint trustees at their meeting on the first Monday in July of any subsequent year.
The trustees so appointed shall exercise the same right and authority over their respective sub-districts 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, when such order is in conformity with the orders of the board, he incurs any expense to himself, he shall be reimbursed therefor out of the building fund of the district, and if he is required to perform any labor by orders 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 ($2.00) per week for each class room in use in such building. It is 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.
Sec. 54. Minimum School Term-Board May Extend Same. The board of education of every district and independent district shall provide in the schools of its district a minimum school term in each year as follows: In the year 1919-1920, one hundred twenty days; in the year 1920-1921, one hundred thirty days; in the year 1921-1922, one hundred forty days; in the year 19221923, one hundred fifty days; in the year 1923-1924, and thereafter, one hundred sixty days. It is provided, however, that 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 days in addition thereto as the board may determine. It is provided, further, that 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 submit to the qualified voters of the district the question of laying an additional levy for such extension of the school term, and if petitioned so to do by at least fifty taxpayers in any district, the board of education shall submit the question of such additional levy. 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 ection 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.
Sec. 55. Minimum Salaries for Teachers-Board May Increase. .Com