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School Fund Amendment. The accumulation of the School Fund provided for in section four of article twelve, of the Constitution of this State, shall cease upon the adoption of this amendment, and all money to the credit of said fund over one million of dollars, together with the interest on said fund, shall be used for the support of the free schools of this State. All money and taxes heretofore payable into the treasury under the provision of the said section four, to the credit of the School Fund, shall be hereafter paid into the treasury to the credit of the General Şchool Fund for the support of the free schools of the State.
5. Legislature to Provide for Free Schools. The Legislature shall provide for the support of free schools, by appropriating thereto the interest of the invested “School Fund,” the net proceeds of all forfeitures and fines accruing to this State under the laws thereof; the State capitation tax; and by general taxation of persons and property, or otherwise. It shall also provide for raising, in each county or district, by the authority of the people thereof, such a proportion of the amount required for the support of free schools therein as shall be prescribed by general laws.
6. Districts. The school districts into which any county is now divided shall continue until changed in pursuance of law.
7. Levies to be Reported to Clerk of County Court. AH levies that may be laid by any county or district for the purpose of free schools shall be reported to the Clerk of the County Court, and shall, under such regulations as may be prescribed by law, be collected by the sheriff, or other collector, who shall make annual settlement with the county court, which settlements shall be made a matter of record by the clerk thereof, in a book to be kept for that purpose.
8. White and Colored Pupils. White and colored persons shall not be taughts in the same school.
9. School Officers not to be Interested in Sale of Books. No person connected with the free school system of the State, or with any educational institution of any name or grade under State control, shall be interested in the sale, proceeds or profits of any book or other thing used, or to be used therein, under such penalties as may be prescribed by law: Provided, that nothing herein shall be construed to apply to any work written, or thing invented, by
10. Independent Districts. No independent free school district, or organization shall hereafter be created, except with the consent of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question.
11. Normal Schools. No appropriation shall hereafter be made to any State normal school, or branch thereof, except to those already established and in operation, or now chartered.
12. Legislature to Encourage Improvements. The Legislature shall foster and encourage moral, intellectual, scientific, and agricultural improvement; it shall, whenever it may be practicable, make suitable provision for the blind, mute and insane, and for the organization of such institutions of jearning as the best interests of general education in the State may demand.
Section 50, line 35. The word “fifty” should read "forty-nine.”
Section 79, line 11. The word "eighty-seven" should read "eighty-four;" and the same in lines 31-32.
Section 86, line 11. The word "fifty-eight” should read “fifty-seven.”
Section 168, lines 6, 7, and 12, the word “sixty-three” in each case should read "sixty."
Section 186, lines 10 and 11. The word "ninety-three” should read “ninety.” Section 189, line 20. The word “ninety-three" should read “ninety."
Section 191, line 3. The word “ninety” should read “eighty-seven;" line 6, the word “ninety-two” should read “eighty-nine;" line 7-a, the word “ninetythree" should read “ninety."
Section 193, line 2. The word “ninety” should read “eighty-seven;" line 10, the word “ninety-five” should read “ninety-two.”
The School Law of West Virginia
(Chapter XLV of the Code of West Virginia, Being Chapter Two of the Acts of Nineteen
hundred nineteen, Regular Session)
Section 1. Definitions. The words used in this chapter and by-laws and in any proceedings pursuant thereto, shall, unless the context clearly indicates a different meaning, be construed as follows:
(1) “School” shall mean the pupils and teacher or teachers assembled in
(2) “District” shall mean magisterial school district and shall not include any independent school district heretofore established by special att or acts of the Legislature.
(3) “Teacher” shall mean teacher, supervisor, principal, superintendent, public school librarian, or any other person regularly employed for instructional purposes in a public school of this State.
Sec. 2. School Year. The school year shall begin on the first day of July and end on the thirtieth day of June, and all reports, accounts and settlements respecting the free schools shall be made with reference to the schcol year.
Sec. 3. School Districts. Every magisterial district in each of the counties of the State shall be a school district, which shall be divided into such number of sub-districts as may be necessary for the convenience of the free schools therein. The present districts and sub-districts shall remain until changed in the manner prescribed by law.
STATE BOARD OF EDUCATION
Sec. 4. How Constituted—Vacancies—How Filled. There is hereby created a State Board of Education which shall be a corporation and as such may contract and be contracted with, plead and be impleaded, sue and be sued, and have and use a common seal.
Said board shall consist of seven members of whom one shall be the state superintendent of schools, ex-officio, and the other six members shall be appointed by the governor, as herein provided from the two dominant political parties. On or before the first day of May, one thousand nine hundred and nineteen, the governor shall, by and with the consent of the senate, appoint six members of the board for the following terms, to commence on the first day of July next after their appointment: One for one year, one for two years, one for three years, one for four years, one for five years, and one for six years. Thereafter one member of the board shall be appointed by the governor on or before the first day of May in every year for a term of six years.
The members of the state board of education shall be citizens of the State, but not fewer than three appointive members shall be actively engaged in school work, nor shall more than three appointive members be of the same political party. No appointee of the board shall serve on the board, unless such appointment is to fill a vacancy by the board as provided by the next following paragraph of this section. The governor may remove from office any member of the state board of education for incompetency, wilful neglect of duty, immorality, malfeasance in office, or for any other good and sufficient reason.
Vacancies on the board shall be filled by the governor for the unexpired term, but if within sixty days after a vacancy has occurred the governor has not filled such vacancy, or if within sixty days after the term of a member of the board has expired, the governor has not appointed a successor to such member, then in either such event the board itself may fill such vacancy or elect such successor. Before exercising any authority or performing any duties as a member of the state board of education each member thereof shall qualify as such by taking and subscribing to the oath of office prescribed by section five, article four of the State Constitution, the certificate whereof shall be filed with the records of the board. A suitable office or offices in the state department of schools at Charleston shall be provided for the use of the state board of education.
Sec. 5. Meetings, Salary,'Expenses. The state board of education shals meet in Charleston on the first day of July, one thousand nine hundred and nineteen, and thereafter the board shall hold at least six meetings in every year at such times and places as its by-laws may prescribe. The board may meet at other times as often as may be necessary. Such other meetings shall be by resolution of the board when in session, or at the call of the president of the board or of the state superintendent of schools.
Each appointive member of the state board of education shall be entitled to receive from the general school fund, upon warrants drawn by the state superintendent of schools, the sum of one thousand dollars a year as salary, payable quarterly, and every member of the board shall be reimbursed from said fund for any expenses incident to the performance of his duties, upon presentation of an itemized sworn statement of the same. There is hereby created an advisory council to the state board of education to assist said board in formulating and carrying out policies with respect to the education of the colored youth of the State. Said council shall consist of the state supervisor of colored schools, lierein provided, and two citizens of the Negro race to be appointed by the governor on or before the first day of May, one thousand nine hundred and nineteen, by and with the consent of the Senate for the following terms to commence on the first day of July next after their appointment; one for two years and one for four years, and thereafter one member of said council shall be appointed by the governor on or before the first day of May in every second year for a term of four years. Vacancies in said council shall be filled by the governor for the unexpired term.
The two appointive members of said advisory council shall be entitled to receive from the general school fund, upon warrants drawn by the state superintendent of schools, the sum of one thousand dollars a year as salary, payable