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classified according to the provisions of division (a) of this section and have complied with all the requirements thereof, the following amounts from appropriations to be made for that purpose shall be paid annually out of the state fund.
To each high school of the first class, $800.00; to each high school of the second class, $600.00; and to each high school of the third class, $100.00.
(d) The state superintendent of schools shall not later than the first day of December, annually, notify the county superintendent of schools of each county as to the amount due under the provisions of this section to each of the classified high schools in his county. The county superintendent shall issue his warrants upon the auditor, payable to the order of the sheriff of his county, for the amount due each school which shall be paid in two equal installments, payable on the first day of December and the first day of April.
Sec. 83. District and County Boards May Erect Dormitories for High Schools. In any district or county maintaining a high school, the board of education may erect, purchase, or lease a building to be used as a dormitory for the accommodation of pupils wishing to attend the high school and of persons employed to tech therein, and may furnish and equip the same from the high school funds of the district or county. Said board shall place a reputable and responsible person or persons in charge of such dormitory to conduct the same and furnish meals and lodging to pupils and teachers resident therein, and shall determine the rate that shall be charged pupils and teachers for such accommodations. The person or persons placed in charge of such dormitory shall be required to give bond in the sum of one thousand dollars ($1,000.00) for the proper care and use of the dormitory and its equipment and supplies.
Sec. 84. High School May Be Discontinued. Any district high school shall be discontinued at the end of any year upon the petition in writing of at least seventy-five per cent of the taxpayers of the district.
Sec. 85. Junior High Schools. County boards of education and boards of education of school districts and independent school districts shall have the . authority to organize intermediate schools, or junior high schools, in connection with any or all schools under their control. Such schools may be organized as a part of a six-three-three plan of school organization or of any other plan recommended by the state board of education. It shall be the duty of the state board of education to prescribe courses of study for such intermediate or junior high schools, to prescribe requirements for teachers employed in the same, and to establish any other regulations for such schools that may seem to the board advisable.
Sec. 86. Contracts. Before entering upon their duties all teachers, principals, and assistants shall execute a contract with their boards of education, or trustees as the case may be, which contract shall state the duration of time of such employment and the salary to be paid, and shall be in the form prescribed by the state superintendent of schools. Every such contract shall be signed by the teacher and by the president and the secretary of the board of education, and when so signed said contract shall be filed together with the certificate of the teacher, by the secretary in the office of the board. A violation of such contract shall subject the teacher to the penalties prescribed in section fifty-eight* of this act.
Sec. 87. Teacher's Authority. The teacher shall stand in the place of the parent or guardian in exercising authority over the school and shall have control of all the children enrolled in the school from the time they reach the school until they have returned to their respective homes, except that where transportation of pupils by wagon, autobuss, or other conveyance is provided, the driver in charge of such conveyance shall exercise such authority and control over the children while they are in transit to and from the school. Subject to the rules of the state board of education, the teacher of the school, or the principal of a graded or high school, shall exclude from the school any pupil or pupils known to have, or suspected of having, any contagious or infectious disease, or any pupil or pupils who have been exposed to such disease, and shall immediately notify the proper health officer, or medical inspector, of such exclusion; and any pupil so excluded shall not be re-admitted to the school by the teacher or principal thereof until such pupil has complied with all the requirements of said rules governing such cases, or has presented a certificate of health signed by the medical inspector or other proper health officer.
The teacher shall also have authority, under the rules and regulations of the state board of education, to suspend any pupil guilty of disorderly, refractory, indecent, or immoral conduct, and the district board of education may expel or exclude any such pupil if, on investigation, the conduct of such pupil is found to be detrimental to the progress and the general conduct of the school.
Sec. 88. Teachers Exempt from Serving on Juries. No teacher, superintendent, supervisor, principal, or other person actively engaged in school work in this State shall be required to serve on any jury during the period of his contract with a board of education.
Sec. 89. Records and Reports. Every teacher, principal, supervisor, or other person employed by a district or independent district board of education shall keep such records and shall make such reports as may be required by the state superintendent of schools and such records shall be kept and such reports shall be made according to the forms and blanks prescribed and furnished by said state superintendent. Teachers shall also keep such other records and make such other reports as may be required by the board of education employing them.
Sec. 90. Payment of Teachers. All teachers and other employees of a board of education, or trustees as the case may be, whose salaries are payable out of the teachers' fund, shall be paid for their services monthly by orders drawn upon the sheriff or treasurer, duly signed by the president and secretary of the board and countersigned by the county financial secretary; provided, that if the secretary of the district board of education be a teacher, the order for his salary shall be signed by the president and one of the school commissioners of the board; and provided, further, that the board may withhold the monthly salary of any teacher or other employee until he has first made such report or reports as may be required by the state superintendent of schools, and no teacher shall receive his salary for the last month of the term of his contract with the board of education until he has first presented to the secretary of the board in correct form all reports required by law.
*Refers to section fifty-seven.
Sec. 91. Enumeration. The teacher or teachers in each sub-district shall annually before the close of the school or schools therein, and not later than the first day of April, take and report an enumeration of all the youth residing in the sub-district who will be between the ages of six and twenty-one on the first day of July, following, distinguishing between males and females, and between white and colored.
Sec. 92. How Enumeration Shall be Taken and Reported. The enumeration shall be taken and reported in separate classes, as follows:
(1) All youth who on the first day of July following will not be less than six nor more than twenty years of age;
(2) All youth who on said date will be not less than six nor more than sixteen years of age; and
(3) All youth who on said date will not be less than seven nor more than fourteen years of age.
(4) All youth over fourteen and under sixteen years of age.
The report of enumeration shall be verified by the affidavit of the person who made it to the effect that he used all means in his power to make it; and that he believes it to be correct. He shall deliver such report to the secretary of the board of education with the term report of the school or not later than the first day of April, and, unless such enumeration be properly taken and reported by the teacher within the time required herein, the secretary shall deduct from the last month's salary of such teacher such amount as may be necessary to defray the expenses of taking said enumeration as hereinafter provided for.
Sec. 93. Secretary to Have Enumeration Taken. When the report of such enumeration for any sub-district is not received by the secretary of the board on or before the first day of April in any year, it shall be his duty forthwith to employ a competent person to take and report the same as aforesaid. The person taking and reporting such enumeration shall receive reasonable compensation for the time actually and necessarily spent in taking and reporting such enumeration, by an order of the board on the sheriff, the same to be paid out of the teachers' fund of the district.
Sec. 94. Record and Report of Enumeration. The secretary of the district board of education shall keep in his office a record of the enumeration of youth so taken, and shall annually, on or before the fifteenth day of April, transmit a summary of such enumeration to the county superintendent of schools, who not later than the first day of May shall forward to the state superintendent of schools a summary by districts and independent districts of the enumeration so taken and reported in his county.
Sec. 95. Other Duties. Teachers shall exercise such other authority and perform such other duties as may be prescribed for them by law or by the rules of the state board of education.
EXAMINATIONS AND CERTIFICATE
Sec. 96. Certificates Required of all Teachers—Minimum Age. No person shall be employed to teach in the free schools of this State or receive for teaching any part of any free school fund who does not at the time he enters upon his duties hold a valid teacher's certificate, covering the period of his employment; and under no circumstances shall a certificate to teach be granted to any person who is not of good moral character and physically and mentally qualified to perform the duties of a teacher and who shall not have attained the age of eighteen years on or before the first day of October of the year in which his certificate is issued.
Sec. 97. Time and Place of Holding Examinations. The general regulation, direction and control of all matters relating to the examination of applicants for teachers' certificates, including the preparation of questions, the grading of manuscripts, the granting and issuing of certificates, and all other powers necessary for the proper examination of applicants for teachers' certificates shall hereafter be vested in the state superintendent of free schools, who shall designate the time for holding examinations simultaneously in all the counties of the State, at such places and in such buildings as the county superintendent shall designate, subject to the approval of the state superintendent.
Sec. 98. Expenses. For the preparation and printing of questions, for the grading of manuscripts, for postage and express charges, for the additional clerical work necessary, the state superintendent of schools shall be allowed annually an amount to be recommended by him, which amount shall be set apart and appropriated by the Legislature from the general school fund for such purpose.
Sec. 99. Assistants. The county superintendent shall conduct all examinations as directed by the state superintendent, and shall have authority to appoint one or more qualified persons to assist him when necessary to the proper conduct of the examination, who shall receive four dollars ($4.00) a day for not more than two days in helping conduct such examination, and shall be approved in advance of their appointment by the state superintendent. But nothing herein contained shall prevent the state superintendent from sending a competent person to supervise such examinations if he deem it expedient to do so.
Sec. 100. Fees. Each applicant at the time of enrollment for any examination, or for the renewal of a certificate shall pay to the county superintendent a fee of one dollar. Out of the aggregate of all fees collected by the county superintendent he shall pay his assistants and other legitimate expenses of conducting such examination. Within ten days after each examination, the county superintendent shall make and transmit to the auditor of the State a detailed and certified report of the number of applicants for certificates, the amount of fees collected by him, the amount paid out for expenses, and the balance remaining, which balance shall be transmitted with the report, to be placed by the auditor to the credit of the general school fund. At the same time, he shall transmit to the state superintendent of schools a duplicate of the report made to the auditor, together with receipts for all money paid for expenses.
All applicants for certificates upon graduation or other credentials shall pay a fee of one dollar to the state superintendent of schools, who shall transmit the same to the auditor of the State to be credited to the general school fund.
Sec. 101. Transmitting Questions and Manuscripts. The state superintendent of schools shall provide for the preparation of questions for said examinations and for their transmission in securely sealed packages, to the county superintendent of each county. The county superintendent shall open the packages of questions in the presence of his assistants and the assembled applicants, and shall conduct such examinations in the manner prescribed by the state superintendent. At the conclusion of the examination, the county superintendent shall forward the manuscripts in securely sealed packages to the state superintendent, together with such information, statements or affidavits as the state superintendent may require. No person who is known to be of immoral character, or to be addicted to drunkenness, or who shall not have attained the age of eighteen years on or before the first day of October of the year in which said examination is held, shall be admitted to said examination.
Sec. 102. Grading of Manuscripts. Within a reasonable time after the receipt of the aforesaid manuscripts, it shall be the duty of the state superintendent to have them examined and graded by competent persons who are actively engaged in school work, such persons to be appointed by him for this purpose, and to issue certificates based thereon; provided, that not more than one certificate of the same kind and grade shall be issued to an applicant in any school year; but the state superintendent shall forward to each applicant taking more than one examination in the same year, a statement of the grades made by him in each examination taken; and in making up his certificate the applicant shall be given the benefit of his highest grade in each subject. Such certificate when so issued shall be forwarded by the state superintendent to the proper county superintendent, who shall countersign it and deliver it to the person entitled thereto; provided, that the state superintendent of schools may refuse to issue a certificate to any applicant whom he believes to have been guilty of giving or receiving assistance in the preparation of any manuscripts or of any other act which would warrant or justify the revocation of such certificate. The state superintendent and each county superintendent shall keep a
record of all certificates issued, showing the kind and grade of each certificate and the date of issue thereof; and the state superintendent and each county superintendent, upon vacating his office shall deliver said record to his successor.
Sec. 103. Misdemeanor. If any person intentionally opens or attempts to open a package containing questions for an examination before the time fixed by the state superintendent of schools for the distribution of such questions, or has any of the questions in his possession without authority of law or in any way makes any change, alteration or erasure in any manuscript after it has been submitted to those in charge of the examination, or makes any fraudulent substitution for any manuscript during or after the examination, or passes or attempts to pass any such examination under an assumed name, or intentionally and fraudulently gives or receives aid in passing an examination, he shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) and confined in jail not less than thirty days. If any county superintendent or examination assistant wilfully violates any of the official instructions issued by the state superintendent for the conduct of examinations, he shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) and may be confined in jail not less than ten nor more than thirty days, and such conviction shall vacate his office.
Sec. 104. Elementary Certificates. Subject to all the conditions set forth in this section, first grade elementary certificates valid for a period of five years shall be issued to all applicants who are otherwise qualified and who attain a general average of ninety per cent, with no subject below seventy-five per cent; second grade elementary certificates valid for a period of three years, shall be issued to applicants who are otherwise qualified and who attain a general average of eighty per cent, with no subject below sixty-eight per cent; and third grade elementary certificates valid for one year shall be issued to applicants who are