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mencing with the school year, 1919-1920, every teacher employed in the schools throughout the State, who holds a certificate of the first grade, shall receive not less than seventy-five dollars ($75.00) a month; every teacher so employed and holding a certificate of the second grade shall receive not less than sixty dollars ($60.00) a month; and every teacher so employed and holding a certificate of the third grade, shall receive not less than forty-five dollars ($45.00) a month. But the board of education of any district or independent district shall have authority to fix a schedule of salaries for teachers holding the aforesaid grades of certificates at higher rates than the minimum salaries herein provided.

The board of education of any district or independent district may fix a higher rate of salary than the rate fixed for teachers in general, holding certificates of the first, second, and third grades, to be paid to teachers in graded schools having two or more rooms in the same building, to teachers who are graduates in the diploma course of state normal schools and other schools of equal or higher grade, and to teachers who attend within the summer vacation period the summer term of the West Virginia University, or of one of the state normal schools or of other schools of equal or higher grade and standing. Boards of education shall have authority to fix schedules of salaries to be paid to superintendents, principals, supervisors, and all other employees under its authority and control.

Sec. 56. May Appoint District Supervisors. The board of education of every district in the State shall have authority to appoint for its district a district supervisor of schools and to fix his salary. The salary of a district supervisor shall be paid monthly out of the teachers' funds of the district. Said board may, subject to the written approval of the county superintendent of schools, appoint one or more assistant district supervisors in districts in which fifty or more principals and teachers are employed.

It is provided, further, that the board of education of any district may employ a district supervisor for as many months longer than the regular school term as may be necessary for him to supervise the construction of new buildings, the repairing of old buildings, the improvement of school grounds, and to do such other work as may be approved by the board. Said board may also co-operate with the extension division of the college of agriculture of West Virginia University in employing the district supervisor or another person as agricultural club agent for the organization and direction of boys and girls' agricultural clubs in the district; but any district supervisor so appointed shall be under the authority and direction of the board of education of the district and he shall in no case neglect the work of supervising the schools and of performing his other duties as district supervisor. It is provided, further, that two or more districts in the same county or in adjoining counties may appoint a district supervisor jointly, the apportionment of the salary and of the time of such supervisor to be arranged according to the number of schools in each district.

Commencing with the year 1920-1921, no person shall be eligible for appointment as district supervisor who does not hold a valid supervisor's certificate or its equivalent as defined by the state board of education and who is not also a graduate of a standard normal school or who has not had other academic and professional training approved by the state board of education as equivalent in all respects to graduation from a standard normal school; provided, that, prior to the first day of July, 1923, any person holding a first grade teachers'

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certificate, who has had successful experience in supervising schools may, upon the recommendation of the state board of education, be granted by the state superintendent a provisional license to act as district supervisor.

The district supervisor shall be the executive officer of the board of education of his district. He shall attend all the meetings of the board, except when his appointment, tenure or salary is the order of business, and he shall have the privilege of the floor, but he shall have no vote. From a list of applicants in the hands of the board of education the district supervisor shall have authority to recommend for appointment by the board a sufficient number of principals and teachers for the schools of the district, except in incorporated towns and cities where superintendents are appointed by the board, and he shall have authority to assign to their respective posts of duty all principals and teachers so appointed. Said supervisor shall visit the schools of his district as often as possible and shall see that the school laws are enforced, that minimum standards of the courses of study prepared by the state board of education are maintained, and that all the laws and rules of the state board of education relating to the health of school children are observed. He shall supervise the methods of instruction in the schools and offer such suggestions to teachers as he may deem expedient, and he shall have authority to call meetings of the teachers as often as practicable. He shall make such reports as the state superintendent of schools may require.

Sec. 57. Shall Appoint Teachers. The board of education shall on or before the first Monday in July in each year, if practicable, appoint the principals and teachers for all the schools in the district and shall fix their salaries as provided by section fifty-six* of this act. All such appointments shall be in writing according to the form of contract to be furnished by the state superintendent of schools and all such contracts, together with the certificates of the appointees, shall be filed with the secretary of the board.

The board of education of any district or independent district may suspend or dismiss any principal or teacher so appointed, for immorality, incompetency, cruelty, insubordination, intemperance or wilful neglect of duty, provided that the charges be stated in writing and that the teacher be given an opportunity to be heard by the board upon not less than ten days' notice and provided that in all cases when the board is not unanimous in its decisions to suspend or dismiss, the principal or teacher so suspended or dismissed shall have the right of appeal to the state superintendent of schools. It is provided, however, that any teacher who enters into a contract with a board of education to teach in a public school and who fails to complete the term of such contract, unless prevented from doing so by personal illness or other just cause, or unless released from such contract by said board, shall be disqualified to teach in any other public school in the State during the term of such contract.

If any school is closed by the proper health authorities on account of the prevalence of any contagious or infectious diseases, the time during which such school is closed shall be counted as if taught in determining whether a school has been maintained for the minimum term, and the teacher of such school shall not be compelled to make up such lost time provided he held himself in readiness to teach subject to the order of the board.

In making contracts with teachers or other employees of the board, it shall be understood that schools are not to be kept in operation for instruction on any Saturday or on the following days which are hereby named and designated as

*Refers to section fifty-five.

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school holidays, namely: The Fourth of July, commonly called Independence Day; the last Thursday in November, commonly called Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; any day on which a general election is held throughout the State; and any day appointed and set apart by the president or the governor as a day of special observance by the people of the State; provided, that no teacher shall count any such holiday or other day so set apart, as a day taught; but shall teach twenty full days for each school month specified in his or her contract; and provided, further, that on Washington's birthday the schools shall be open and shall devote a portion of the day to exercises bearing on the life and services of “The Father of Our Country,” and that Arbor Day, Memorial Day and any other special days shall be observed at such times and in such manner as the state board of education may determine.

Sec. 58. Shall Have General Control. In accordance with the provisions of this act and subject to the rules and regulations of the state board of education, every district board of education shall have the general control and management of all the schools and the school interests of its district; it shall have authority to change the boundaries of sub-districts and increase or diminish the number thereof; and it shall, as hereinafter provided, establish high schools. Said board shall have authority to close any schools which may be unnecessary and to assign the pupils of such schools to other schools, and to consolidate two or more small schools into central graded schools to be known as “consolidated schools,” and to provide a building with all necessary equipment therefor. Said board shall also have authority to provide at public expense for the transportation of pupils to and from such consolidated schools, or other schools where transportation of pupils may be necessary; provided, that such transportation shall be in accordance with the rules and regulations of the state board of education relating thereto. It is provided, further, that said district board of education may close any elementary school whose average daily attendance falls below ten pupils for two months in succession, and shall thereupon direct the pupils affected thereby to attend, if possible, another school or other schools in the same or in adjoining districts or independent districts, whether in the same or in adjoining counties, and the teacher of any school so closed or abandoned shall receive no further compensation as teacher of such school. It is provided, also, that whenever any child or group of children of school age shall, by reason of the provisions of this act, or for any cause whatsoever, be without opportunity to attend a free school as provided by law, within two miles of their homes by the shortest available road or path, the board of education of the district in which such child or group of children reside, may employ such means as to the board may seem best to provide educational opportunities to such child or group of children, and may expend for such purpose an amount not to exceed the proportion of all the school funds of the district that such child or group of children would be entitled to receive, if all such funds were distributed equally among all the children of school age in the district upon a per capita basis, such expenditure to be made according to such rules and regulations as the said district board may make therefor.

Sec. 59. Transfer of Pupils—Tuition. The board of education of every district and independent district shall determine what schools in its district the pupils shall attend. But upon the written request of any parent, guardian or other person legally responsible for any pupil or pupils, the board of education

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may transfer such pupils to another school in the district, or to a school in an adjoining district or independent district, if it can be shown that such pupils would be better accommodated at such other school. Any person aggrieved by the action of a district board of education regarding such application for transfer of pupils may appeal to the county superintendent of schools, whose decision shall be final.

Transfers of pupils from one district or independent district to another, whether in the same or in adjoining counties shall be made by the board of education of the district in which the pupil or pupils desiring to be transferred reside, and the same shall be subject to the approval of the board of education of the district or independent district in charge of the schools to which such pupil or pupils wish to be transferred. In all cases of transfer of pupils, either to elementary schools or to high schools, the board of education of the district making such transfer shall pay to the board of education to which such transfers are made, reasonable tuition fees, which for elementary schools shall not exceed two and one-half dollars ($2.50) a month, and which for high schools shall not be less than two and one-half dollars ($2.50) nor more than five dollars ($5.00) a month, the same to be paid out of the teachers' fund of the one district to the teachers' fund of the other.

Sec. 60. May Provide Kindergartens. The board of education of any district or independent district may establish in connection with the schools of such district, kindergarten classes to which may be admitted children between the ages of four and six years.

Persons employed as teachers in such kindergarten classes shall be required to hold special kindergarten certificates which shall be issued by the state superintendent of schools under regulations prescribed by the state board of education.

Sec. 61. Evening Schools and Other School Extension Activities. The board of education of any district or independent district shall have authority to establish and maintain evening classes or night schools, continuation or parttime day schools, and vocational schools wherever practicable to do so, and shall admit thereto adult persons and all other persons, including persons of foreign birth, but excepting children and youth who are required by law to attend day schools. Boards of education shall have the authority to use school funds for the financial support of such schools and to use the school houses and their equipment for such purposes. Any such classes of schools shall be conducted in accordance with the rules and regulations of the state board of education.

The board of education of any district or independent district shall have authority also to provide for the free, comfortable, and convenient use of any school property to promote and facilitate frequent meetings and associations of the people in discussion, study, recreation and other community activities, and may require, assemble and house material for use in the study of farm, home, and community problems and may provide facilities for the dissemination of information useful on the farm, in the home, or in the community.

Sec. 62. Shall Provide School Libraries. The board of education of every district and independent district may provide libraries for their schools and may purchase books, bookcases and other things necessary therefor, and shall pay the costs of such libraries out of the school funds of their districts. Books so purchased, except in independent school districts and in high schools, shall be selected from an approved list to be prepared and published from time to time by the state superintendent of schools. It is provided, however, that books not included in such list may be purchased upon the written approval of said superintendent.

Boards of education of such districts shall have authority to employ during the vacation period, a librarian for any school having fifty volumes or more and to pay such librarian out of the school funds of the district, an amount not to exceed one ($1.00) dollar a day for each day such library is kept open, by order of the board. Any librarian so appointed shall keep the library open at least one day a week, at which time the patrons and pupils of the school may draw books from the library under such rules and regulations for the care and return thereof as the board may make.

Sec. 63. May Display United States Flag. Every board of education shall have authority to purchase, out of the building fund, United States flags of regulation bunting for the school buildings of the district and to require the same to be displayed over such school buildings during the time the schools are in session.

Sec. 64. Medical Inspection and School Nurses. Boards of education of independent school districts shall, and boards of education of districts may, employ proper medical and dental inspection of all pupils attending the schools of their districts.

Boards of education of districts and independent districts shall also have authority to employ school nurses and to take any other action necessary to protect the pupils from contagious and infectious diseases, including the authority to require from all teachers employed in their districts, certificates of good health and of physical fitness for the work of instruction in the schools.

Sec. 65. Free Text Books. The board of education of any district or independent district may purchase the necessary text-books prescribed to be used in the free schools under their control and furnish the same free to the pupils of said schools, or to pupils whose parents, in the judgment of the board, are financially unable to provide such books. If the board of education determines to purchase and furnish such free text-books, they shall enter an order to that effect upon the records and shall cause said books to be purchased and kept in charge by the secretary and furnished to the pupils of free schools of their district as hereinafter provided.

At the commencement of every term of the free schools in such district the secretary shall deliver to the teachers thereof such books as may be necessary for the use of the several pupils therein for the ensuing term of school and take from them receipts showing the number and kind of books so received. It shall be the duty of such teachers to take charge of such books and to distribute them among the pupils of their schools as needed, and said teachers shall have and exercise general control over said books during such term and at the close thereof and before they receive an order for salary for the last month of such term shall collect and gather together all the books so used during the term and deliver them to the secretary of the board of education; provided, that if any of the books delivered to any pupil of such district shall be unnecessarily injured or destroyed they shall be replaced by the pupil who injured or destroyed them. All such books shall be purchased by the board of education directly from the publisher, contracted with as prescribed by law and at the net wholesale price. Provided, however, that the teacher shall be allowed pay for a period of two days at the same rate of pay for which he is teaching, and also be furnished means

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