OHIO SCHOOL LAWS IN FORCE APRIL 15TH, 1889. ALSO A SEX OF BlarxU Forms, ar\d Directions for tkeir Use, TO SERVE AS A GUIDE FOR SCHOOL OFFICERS. COLUMBUS : THE WESTBOTE COMPANY, STATE PRINTERS. 1S£9. i? V ^ c t O 2 -" a *' JUN 27 1903 D. ofD, TMP92-008398 PREFACE Section 360 of the Revised Statutes of Ohio thus provides : " He [the State Commissioner of Common Schools] shall cause as many copies of the laws as are necessary, relating to schools and teachers' institutes, with an appendix of appropriate forms and instructions for carrying into execution all such laws, to be printed in a separate volume, and distributed to each county with the laws, journals, and other docu- ments, for the use of the school officers therein, as often as any change in the laws is made of sufficient importance, in the opinion of the com- missioner, to require a republication and distribution thereof." There have been i^ this office for distribution no copies of the edition of the school laws of 1S83— the last edition published — for more than two years. The demand for copies throughout the whole State is now most importunate. There is, therefore, an urgent necessity for a new issue. The notes and the references to the decisions of courts in the edition of 1883, are very valuable and complete. Most of these notes and nearly ail the citations of decisions have been retained in this edition. Neither to these notes nor to the citations has it seemed necessary to make large additions. To the comparatively few that have been made an asterisk is prefixed. In preparing this reissue of the school laws, I have been under many obligations to Attorney-General Watson for advice on legal points. Valuable help has also been obtained from a little work en- titled " Common School Law," written and published by C. W. Bardeen, Syracuse, N. Y. In this volume will be found, as an appendix, the Forms and In- structions prepared by former commissioners for the guidance of school officers. John Hancock, State Commissioner of Common Schools. GENERAL RULES OF INTERPRETATION. "In considering questions arising under the school legislation of the State, such construction should be placed upon its various enact- ments , and the several provisions thereof, as will give harmony to our educational system, and secure, as far as practicable, its equal benefits, and the reasonable facilities for their enjoyment, to every locality." f21 O. S., 339.] "Statutes should be so construed as to give effect to the intention of the legislature, and, if possible, render every section and clause effectually operative." [1 0. 381.J "In interpreting a statute or other written instrument the inten- tion of the framers must be arrived at, if possible, and, when necessary, the strict letter of the act, instrument, or law must yield to the mani- fest intent." [39 Mo., 80.] REVISED STATUTES OF OHIO. TITLE III. SCHOOLS. CHAPTER 1. CHAPTER 2. CHAPTER 3. CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 11 CHAPTER 12 CHAPTER 13 CHAPTER 14 Classification and change of districts. City districts of the first class. City districts of the second class and village districts. Township and special districts. Joint sub-districts. School funds. Provisions applying to all boards. School-houses and libraries. Schools, and attendance enforced. Enumeration, treasurer, and clerk. Reports. Examiners. Teachers' institutes. Cincinnati and tolodo universities. CHAPTER 1. CLASSIFICATION AND CHANGE OF DISTRICTS. Classes of school dis- tricts. Section 3885. Classes of school districts. Giiy districts of first class. City districts of second class. Village districts. Change of classification in certain cases. Township districts. Special districts. 3886. 3887. 3889. 3890. 3891. Section 3892. Boundaries of sub-districts not changed. Transfer of territory from one district to another. Township districts may he- come village districts. How vote shall be taken. How board organized. 3893. 3894. 3895. 38%. City districts : Sec. 3885. The state is hereby divided into school dis- tricts, to be styled, respectively, city district of the first grade of the first class, city districts of the second grade of the first class, city districts of the first class, city districts of the second class, village districts, special districts, and town- ship districts. [70 v. 195, § 1; 84 v. 184.] Sec. 3886. Each city having a population of two hun- SCHOOL OFFICER S GUIDE. Classification and Change of Districts. Ch. 1. dred and fifty thousand or more by the last preceding'census Firstgrade of the United States, including the territory annexed to it for first c,ass - school purposes, and excluding the territory detached from it for school purposes, shall constitute a city district of the first grade of the first class; each city having a population of one hundred and fifty thousand or more, and less than two hun- Second grade, dred and fifty thousand, by the last preceding census of the United States, including the territory anne ed to it for school purposes, shall constitute a city district of the second grade of the first class; and each city having a population of ten thousand and less than one hundred anfl fifty thousand by Firstc i ass - the last preceding census of the United States, including the territory annexed to it for school purposes, and excluding territory detached from it for school purposes, shall constitute a city district of the first class. [70 v. 195, § 2; 8L v. 71; S4 v. 184.] Sec. ZZ8Q. Each city having a population of ten thou city school sand or more, including the territory attached to it for school first class. purposes, and excluding the territory within its corporate limits detached for school purposes, shall constitute a school district, to be styled a city district of the first class ; and each district that has heretofore been constituted a city district of the fiist class shall remain such. [70 v. 195, § 2; 81 v. 71 ; 85 v. 91. J "Sec. 3886 (a). It will be observed there are two sections with this number." The original section 3886 was amended and repealed in 1884, and the section as amended in 1884 was amended and repealed in 1887. The author of the amendment of 1888 seems to have overlooked the amend- ment of 1S87, and to gave gone back to the amendment of 1884, which had been repealed by the amendment of 1887. Under this condition of facts there was nothing left to do but to retain the two sections with the same number. (6) In the interpretation of several of the sections of this title, it will be necessary to observe that "city districts of the first class," and " cities of the first class" are not related terms. A city of the first class has over 31,500 inhabitants. Sec. 3887. Observe also that "city districts of the second class," and " cities of the second class " are not co-incident. Sec. 3888. Territory attached for school purposes. — The phrase " terri- tory attached for school purposes," as used in sections 3886, 3887, and 3888, evidently applies to territory not included in the corporate limits of a city or village, but which, at the time of its organization, formed a part of the school district or sub-district to which the territory of such city or village SCHOOL OFFICER S GUIDE. Ch. 1. Classification and Change of Districts. City districts of second class. Village dis- tricts. Changes of classification in certain cases. Township districts- Sec. 3887. E^ch city o' the second clasp, having a. population of less than ten thousand by the census of 1870, including the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall constitute a school district, to be styled a city district of the second class. [70 v. 195, § 3.} Sec. 3888. Each village, including the territory at- tached to it for school purposes, and excluding the territory •within its corporate limits detached for school purposes, shall constitute a schcol district, to be styled a village district. [74 v. 140, § 4.] Sec 3889. Municipal corporations hereafter created, or advanced to higher grade, except villages created by advance- ment or otherwise, shall, from and after their creation or advancement, be school districts corresponding to their grade as herein provided. [70 v. 195, § 5.] Sec 3890. Each organized township, exclusive of any of its territory included in a city, village, or special district, belonged ; or to territory transferred from one district to another, for school purposes, under section 3893 of this chapter. "Territory detached for school purposes" is territory taken into the corporate limits of a city or village, but not transferred to the village dis- trict, by mutual consent of the boards of education concerned ; or it is territory formally transferred by the city or village district adjoining. Sec. 3889 (a). Villages created by advancement or otherwise, become village districts only when action is taken for that purpose under section 3912, et seq. (6) The corporate character of a school district cannot be questioned in a collateral proceeding. This is to be done in direct proceeding by qu& 'warranto. If the corporation is acting by virtue of legislative enactment, this is sufficient as against everybody, except the State itself, and private parties cannot question the regularity. — Cooley's Constitutional Limita- tions, 254. Sec. 3890. A change of township boundaries accordingly works a change in the township district boundaries. * Sec. 3891. The decision of the supreme court in the case of the State v. Powers, 38 O. S., 54, which declared it beyond the constitutional powers of the general assembly to create a special school district, has been overruled by the same court in the case of the State ex rel. Attorney-Gen- eral v. Shearer (February, 1889). The latter decision revives all the spe- cial districts created by the legislature, except the New London special district. Sec. 3892. Sub-districts are the sub-divisions of a township district. These sub-divisions are made by township boards of education, and by commissioners appointed by the probate court. SCHOOL OFFICER S GUIDE. Classification and Change of Districts. Ch. 1. shall constitute a school district, to be styled a township dis- trict. [70 v. 195, § 7.] Sec. 3891. Any school district now existing, other than special dis- xricts* those mentioned in sections thirty-eight hundred and eighty-six, thirty-eight hundred and eighty-seven, ihirty-eight hundred and eighty-eight, and thirty-eight hundred and ninety, which has been established by a vote of the people in accordance with any act of the general assembly, or which has been established by a general or local act of the general assembly, shall con- stitute a school district, to be styled a special district; and such districts may be established as provided in chapter five of this title. [70 v. 195, § 6.] Sec. 3892. The several sub-districts and joint sub-dis- districts now existing within any township district shall continue, according to their respective boundaries, to be sub- districts or joint pub-districts thereof, subject to the provisions of this title. [70 v. 195, § 8.] Boundaries of sub-districts not changed. CHANGE OF DISTRICT. Sec 3893. A part or the whole of any district may be transferred to an adjoining district, by the mutual consent of the boards of education having control of such districts; but no such transfer shall take effect until a statement or map, showing the boundaries of the territory transferred, is entered upon the records of such boards, nor, except when the trans- fer is for the purpose of forming a joint sub-district, until a copy of such statement or map, certified by the clerks of the board making the transfer, is filed with the auditor of the county in which the transferred territory is situate; and any person living in the territory so transferred may appeal to Transfer of territory from one district to another. Concerning joint snb-districts, see chapter 5. Sec. 3893 (a). There is no such thing as transferring territory for Transfer of temporary purposes, with an understanding that it shall be set back at a territory, definite future time. Such territory can be transferred again as other terri- tory may be ; thus changing again the boundaries of the district and the voting relations of residents. (b). Unless boards transfer territory, an appeal does not lie to the commissioners, under this section. But if a case arises such as is described under section 3969, the commissioners may be applied to for relief. (c). It is the evident intention of the statute that the territory to be transferred to an adjoining district must be contiguous to the district. tiguous. IO SCHOOL OFFICER S GUIDE. Ch. 1. Classification and Change of Districts. Township districts may become vil- lage districts. How vote shall be taken. How board organized. the county commissioners, as provided in section thirty-nine hundred and sixty seven, and the commissioners, at their first regular meeting thereafter, shall approve or vacate such transfer. [70 v. 195, § 40.] Sec. 3894. The board of education of any township dis- trict may decide to submit, and, on petition of one-third of the electors of the district, shall submit, at the first regular election for township officers after such decision is made or petition received, the question whether such township dis- trict shall be governed by the provisions of this title relating to village districts; and the board shall give notice of the vote to be taken, by posting up written or printed notices, in ten or more public places in the township, at least twenty days prior to such election. [70 v. 195, § 155.] Sec. 38H5. The election shall be conducted by the town- ship trustees, who shall provide a separate ballot-box and separate poll-books, and make a return of the vote to the township clerk, and also to the commissioner of common schools, within five days after the election; and the persons voting at such elections in favor of such change shall have written or printed on their ballots — "School District," and those opposed to such change — "No School District." [70 v. 195, § 156.] Sec. 3896. At the annual organization of the township board after any such election, if it be found that a majority of the votes cast were in favor of the change, the board shall select, by vote or lot, six persons to serve as a township board of education, two of whom shall serve for three years, two for two years, and two for one year; and such board shall there- after be governed by the provisions of this title relating to boards of village districts. [70 v. 195, § 167.] SCHOOL OFFICER S GUIDE. I I City Districts of the First Class. Ch. 2. CHAPTER 2. CITY DISTRICTS OF THE FIRST CLASS. Section 3897. Board of education— how consti- tuted, and how membership in- creased. 3898. When two members for each ward, how elected. 3899. When one member for each ward, how elected. Section 3900. Where certain electors to vote, plats of attached territory. 3901. Conduct of elections. 3902. How electors on attached terri- tory to cast ballots. 3903. Meetings and certain powers of the board. Sec. 3897. In city districts of the first grade of the first SuhUiVy class, the board of education shall consist of one member from g r fJe?first St each ward, and each member of the board shall be an elector tionof e mem- of the ward, or of the township, or part of the township, terms of "office, which, for school purposes, has been or may be attached to such ward, for which he is elected or appointed ; provided, that [inj city districts of the first grade of the first class, be- ginning with the annual election for city officers held in April, 1887, one member shall be elected from each ward having an even numerical designation, or from territory attached for school purposes to such ward having an even numerical designation, as above provided, who shall serve for the term of one year, and that at the annual election for city officers held in April, 188~, one member shall be elected from each ward having an odd numerical designation, or from territory attached for school purposes to such ward having an odd numerical designation as above provided, who shall serve for a term of two years, and annually thereafter as the term of members elected by said ward or ward with territory attached for school purposes, as above provided, shall expire, successors shall be elected to hold for the term of two years; and if any vacancy by person elected a member of said board shall, during his term as said member, move out of the ward for which he was elected, then his term shall cease and determine, and said board shall elect a person to fill the vacancy ; the members elected under this act shall hold office until their successors are elected and qualified ; provided, that the board of educa- anofreniovai* tion established by this act shall be in all respects the succes- of teachers - sors of the respective board whose place they take ; but the Sec. 3897. Change of Residence. — When a member of a board of edu- cation or a local director ceases to be an elector in the district, ward, or sub- district which he was elected to represent, he vacates his office. 12 SCHOOL OFFICER S GUIDE. Ch. 2. City Districts of the First Class. New wards. Board of edu- cation in city districts first class : elec- tion and term of mem- bers. members of .such board of education shall not, as individuals or as local committees, exercise supervisory authority over the schools in the several wards or districts, or have the selection or nomination of teachers. The superintendent of the public schools of said city district of the first grade oi the first class shall appoint all the teachers of said schools by and with the consent of the board of education, and the superintendent or the board of education may remove for cause ; and provided further, that when a new or additional ward shall be created in such city district, the board of education shall proceed to elect a person who is an elector of such additional ward, or of territory thereto attached for school purposes, as a member of the board from such ward, to serve until the next annual election for city officers, at which annual election the quali- fied electors of each such new wards, and the territory an- nexed thereto for school purposes, shall elect one judicious and competent person, having the qualification of an elector of such ward or territory thereto attached for school purposes, to serve as a member of the board of education ; provided, that if such new wards have an even numerical designation, the member so elected, as provided above, shall serve until the expiration of the term of other members who are or have been elected from wards having an even numerical designa- tion, and if such new ward having an odd numerical designa- tion, the member so elected, as provided above, shall serve until the expiration of the term of other members of said board, who are or have been elected from wards having an odd numerical designation; and annually thereafter, as the term of members so elected, as above provided, shall expire, suc- cessors shall be elected, who shall serve for the term of two years, and until the election and qualification of their suc- cessors. [77 v. 80; 82 v. 7; 84 v. 184.] Sec. 3898. In each city district of the first class, and not of the first or second grade, the board of education shall consist of two members from each ward, except in city dis- tricts organized under a law providing for one member only for each ward, in which districts the board may, at any time, by a vote of the majority of all its members, provide that thereafter each ward shall be represented by two members, and thereupon proceed to choose one additional member for SCHOOL OFFICERS GUIDE. 1 3 City Districts of the First Class. Ch. 2. each ward, to serve until the next annual election for city officers, and until the election and qualification of his suc- cessor ; and each member of the board shall be an elector of the ward for which he is elected or appointed ; and at every annual election for city officers in a city which constitutes cation in city districts of the first class, wherein the board consists of two class. members for each ward, there shall be elected in each ward, by the qualified electors thereof, one judicious and competent person to serve as a member of the board of education of the districts for two years, from the third Monday of April suc- ceeding his election, and until the election and qualification of his successor ; provided, that at the annual election for city officers, held first after a city has been constituted a city district of the first class, with a board to consist of two mem- bers from each ward, there shall be elected in each ward of such city, by the qualified electors of such ward and of said district entitled to vote in such wards, two persons of the re- quired qualifications to serve as members of the board of edu- cation of such districts, one for one year and the other for two years from the third Monday of April succeeding their election, and until the election and qualification of their suc- cessors; and provided, that any elector residing in such dis- trict, but not in any ward of such city, shall, if the territory containing his residence has not been attached to any ward for school purposes, as provided in section thirty-nine hun- dred, be entitled to vote for members of the school board in the ward nearest his residence; and in such case a separate ballot-box and poll-book shall be provided and used, as re- quired in section thirty-nine hundred and two, in each ward where any such elector may be entitled to vote; when the board of education in such city district of the first class con- sists of as many members as there are wards, there shall be elected at the annual election for city officers in the year eighteen hundred and eighty, and every two years thereafter, in each ward designated by an even number, and in the year eighteen hundred and eighty-one, and every two years there- after, in each ward designated by an odd number, by the qualified electors thereof, one member of the board, who shall hold his office for two years, and until the election and the qualification of his successor. [70 v. 195, § 11 ; 84 v. 184.] H SCHOOL OFFICER S GUIDE. Ch. 2. City Districts of the First Class. Cleveland board of edu- cation. City divided into districts. Sec. 3899. In city districts of the first class, second grade, the board of education shall consist of twenty mem- bers, to be elected by districts, to serve for the term of two years, except as hereinafter provided ; and for the purpose of electing such board of education such cities shall be and are hereby divided into twenty districts, as fellows: The second and fourth wards shall constitute the first district. The fifth and eighth wards shall constitute the second district. The sixth and seventh wards shall constitute the third district. The ninth and eighteenth wards shall constitute the fourth district. The nineteenth and twenty-first wards shall constitute the fifth district. The twentieth and twenty-second wards shall constitute the sixth district. The twenty-third and twenty-sixth wards shall constitute the seventh district. The twenty-fifth and twenty-seventh wards shall con- stitute the eighth district. The seventeenth and twenty-fourth wards shall consti- tute the ninth district. The thirteenth and fifteenth wards shall constitute the tenth district. The twelfth and fourteenth wards shall constitute the eleventh district. The tenth and eleventh wards shall constitute the twelfth district. The first and sixteenth wards shall constitute the thir- teenth district. The third and twenty-eighth wards shall constitute the fourteenth district. The twenty-ninth and thirtieth wards shall constitute the fifteenth district. The thirty-first and thirty-third wards shall constitute the sixteenth district. The thirty-fourth and thirty-fifth wards shall constitute the seventeenth district. SCHOOL OFFICERS GUIDE. 1 5 City Districts of the First Class. Ch. 2. The thirty-second and thirty-sixth wards shall constitute the eighteenth district. The thirty-ninth and fortieth wards shall constitute the nineteenth district. The thirty-seventh and thirty-eighth wards shall consti- tute the twentieth district. And in said cities of the second grade, first class, there Election and shall be elected at the first annual municipal election to be term of mcm- 1 bers. held after the passage of this act, in each district designated by an even number, by the qualified electors thereof, for the term of three years, and thereafter biennially, and in each district designated by an odd number, by the qualified elec- tors thereof, for the term of two years, and thereafter bien- nially, one member of the board, who shall hold his office until the election and qualification of his successor. [70 v. 195, §11; 71 v. 55, §§ 1, 2, 3; 83 v. 3'.] Sec. 3900. An elector residing in the city district, but where cer . not in any ward of the city, phall be entitled to vote in the t^voteTptetB ward to which he is attached by the board of education for territory 6 * 1 school purposes; but an elector residing in the city, and not in the city district, shall not be entitled to vote at any elec- tion provided for in this chapter ; the board shall ascertain whether the city limits are co-extensive with the limits of the school district; and in case the school district includes territory without the corporate limits, the board shall make or cause to be made a plat of the territory so attached for school purposes, designating thereon by metes and bounds the ward or wards to which such attached territory is to be thereafter assigned; which plat shall be recorded as a part of the proceedings of the board. [70 v. 195, §§ 10, 12.] Sec. 3901. The election provided for in section thirty- conduct of eight hundred and ninety-nine shall be conducted by the judges Sec. 3900. Of course an elector residing in a city of the first class, and not in the city district, votes for school officers with the voters outside of the city, and in the same district with him. See sections 3908 and 3916. " Shall be elected by the qualified electors of such districts," however the districts may be situated as to the boundaries of cities, etc. Sec. 3901. The method of contesting an election is by quo warranto. R. S., Section 6760. (a). "Shall m-ike returns," that is, a certificate showing the vote for Returns each candidate for the required office in the proper ward, for township, i6 SCHOOL OFPICERS GUIDE. Ch. 2. City Districts of the First Class. How electors on attached territory to cast ballots. and clerks of the city elections, and they shall make returns of such election to the board of education within five days from the time of holding the same. [70 v. 195, § 13.] Sec. 3902. The judges and clerks of city elections, in the wards to which any territory beyond the city limits has been attached by the board of education for school purposes, shall have two separate ballot-boxes and two sets of poll- books; the electors residing on such attached territory may vote at all regular and special elections in such wards for members of the board of education; the judges of election in such wards shall receive the ballots of the electors resid- ing on such attached territory, and depo-it them in the ballot-box provided for that purpose; the clerks of election Poll-books. Contest by quo warranto. village, or special district] at the proper date, signed by the judges and clerks of election before they disperse, sealed, marked "Election Returns," and directed and sent in this case to the board of education. See notes to section 3917. (6). Poll-books duly certified and returned are prima facie evidence of the truth of their contents, but this presumption will be rebutted by proof that they are fraudulent and fictitious to such an extent as to render them wholly unreliable. Phelps v. Schroder, 26 O. S., 549. (c). Where a poll-book is thus impeached and rejected, the legal voters are not disfranchised, but the burden of otherwise proving legal votes is thrown upon the party claiming them. lb. (d). The relator having received a certificate of election as school director, was sworn in, and some months afterward, the board halving become satisfied thaj he had not received a majority of th Q v-c*nd that ] defendant had, swore in the latter and excluded -relator from the*'- .y/r meetings, and the relator thereupon filed an inform j n uCu in the nature of a quo warranto, against defendant. Held, as the law for the election of school directors makes no provision for contest of election, the method adopted in this case is available. Therefore the fact that the relator had received a certificate is not conclusive, for the court must go behind the certificate to ascertain who had the majority of votes. State ex ret., (Langdon) v. Goodaie. 4 Bull., 1065, 8 Rec, 432. (e). That this remedy is exclusive, and that a mandamus to recanvass will not lie, see 26 O. S., 216. (/). In case of fraud on the part of the judges in receivi-ig or in counting votes, McCray on Elections, \ 184, after referring to many cases and authorities, remarks : " The safe rule probably is that where an elec- tion board are found to have willfully and deliberately committed a fraud, even though it effect a number of votes too small to change the result, it is sufficient to destroy all confidence in their official acts, and to put the party claiming anything under the election conducted by them, to the proof of his votes, by evidence, other than the returns." See Judkins v. Hill, 50 N. H., 140; Knox Co. v. Davis, 63 111., 405; Russell v. State, 11 Kan., 308." SCHOOL OFFICERS GUIDE. 1 7 City Districts of the Second Class, and Village Districts. Ch. 3. shall enter upon the separate poll-books provided for that purpose the names of such electors so voting; and due returns of such elections for members of the board shall be made as provided by section thirty-nine hundred and one. [70 v. 195, § 12.] Sec. 3903. The board of education, except in cities of Timeof regu- ' * lar meeting* of the first class, second grade, shall hold regular meetings ^^ of edu " once every two weeks. In cities of the first class, second grade, said board shall hold its meetings on the first and third Monday of each month following the third Monday of fn| s c , 1 et 1 c. mee, April, and in all city districts of the first class, said board may hold such special meetings as it may deem necessary; it may fill all vacancies that occur in the board until the next annual election, and may make such rules and regula- tions for its own government as it may deem necessary ; but such rules and regulations must be consistent with the con- stitution and laws of the State. [79 v. 59.] CHAPTER 3. CITY DISTRICTS OF THE SECOND CLASS, AND VILLAGE DISTRICTS. Section 39u9. Notice of elections. 3910. Returns to be made to board. 3911. How membership increased. 3912. How village may become villas district. 3913. How village district organized. 3914. Organization of board. Section 3904. Membership of board of educa- tion. 3905. Election of members in city dis- tricts. 3906. Conduct of tbe election. 3907. Election when . -ny members as wards. 3908. Election in village districts. Section 3904. In city districts of the second class, and Membership of in village districts, the board of education shall consist of nation, six members, except in districts organized under a law pro- viding for only three members, who shall have the qualifi- cations of an elector therein, and in such districts the mem- bership may be increased to six, in the manner hereinafter provided ; but the board of a city district of the second class, may provide, by a vote of the majority of its members, that the board shall consist of as many members as the city has wards. [70 v. 195, §§ 16, 17.] Sec. 3903 (a). For manner of filling vacancies in the board, see sec- tion 3981, with the notes thereto. (b). For classification of cities, see sections 1547-8, of Revised Stat- utes. See also remarks under sections 3886 and 3887. 2 i8 OHIO SCHOOL LAWS. Ch. City Districts of tbe Second Class, and Yillage Districts. Election of members in city districts. Conduct of election of members of board of edu- cation in city districts, second class. Sec. 3905. In city districts of the second class, except such as are mentioned in section thirty-nine hundred and seven, members of the board of education shall be elected annually, to serve lor the term of three years from tbe third Monday of April succeeding their election, and until the election and qualification of their successors; if the board consists of six members, two judicious and competent persons shall be elected each year ; and if the board consists of three mem- bers, one such person shall be elected each year. [75 v. 53, § 18-] Sec. 3906. If the boundaries of the district and [the] city are identical, or, if territory has been detached from the city and attached to another district, the election shall be conducted exclusively by the judges and clerks of the city election, but electors residing within the bounds of such de- tached territory shall not vote thereat ; but if territory out- side the city limits is attached to the district, an election shall also be held for the same purpose in the township from which it was detached, and conducted by the judges and clerks of the township election, but only electors residing within the bounds of such territory shall vote thereat; the election shall be held at the same time and places as the elec- tion for city or township officers shall be held ; the names of candidates for such member shall be upon separate tickets, and all such tickets voted shall be deposited in separate ballot-boxes, which shall be provided by the board of educa- tion ; separate poll-books of the election shall be kept, and Territory de- tached from city.; Territory at- tached to city district. Sec. 3906 (a). According to the first clause of this section, a district adjoining a city district of the second class, and having attached to it some territory of the city, holds its election for school officers wholly in its own territory. All the voters resident in such district whether outside of the city or within it, vote together for members of the board. (6). According to the second clause, voters living outside the limits of a city of the second class, and yet on territory attached to such city for school purposes, do not vote within their district, that is, at the city or ward poll ; but at the poll of the township in which their school-house is situated — depositing their ballots for school officers for the city district " in a separate ballot-box which shall be provided by the board of education " of the city district, since the township board is not interested in the subject. For the same reason the separate poll-book is probably to be provided by the same board. "The returns' 7 — see note to 3901 — are to be made to the city clerk, who will combine this count with the count of those cast within the city and returned to him. SCHOOL OFFICERS GUIDE. 19 Ch. 2. City Districts of the Secoud Class, and Village Districts. returns of the election shall be made to the clerk of the city which constitutes the district. [75 v. 53, § 18; 82 v. 6; 83 v. 82.] Sec. 3907. In a city district of the second class in which Election after the board consists of as man}' members as the city has wards, membership •* J ' increased. there shall be elected biennially in each ward, at the time and in the manner provided in the preceding chapter for election in city districts of the first class, one competent and judicious person to serve as a member of the board for two years from the third Monday of April succeeding his election, and until the election and qualification of his successor ; but at the first election after it is decided that the board shall be so constituted, the persons elected in wards designated by odd numbers shall serve for only one year from the third Monday of April succeeding their election, and until the election and qualification of their successors; and the board shall ascer- tain the limits of the district, assign attached territory to wards, and make and record a plat thereof, as provided in section thirty-nine hundred. [75 v. 53, § 18; 70 v. 195, § 101.] Sec 3908. In village districts members of the board of Election in v i 1 Iretc cl is - education shall be elected on the first Monday of April an- tricte. nually, to serve for the term of three years from the third Monday of April succeeding their election, and until the elec- tion and qualification of their successors; the qualified elec- tors of the district, including those residing within the bounds of territory attached to the district, but beyond the village limits, shall meet between the hours of six o'clock A. M. and six o'clock P. M. of said day, at the usual places of Sec. 3908 (a). The evident intent of the law requires that when the Opening anil polls are once opened, they should be kept open until the hour prescribed closing polls. for finally closing; but the statute on the conduct of elections, section 2929, is said to be directory, and, if so, " a departure from its strict observance will not necessarily invalidate an election, where no fraud has been practiced and no substantial right violated." Fry v. Booth, 19 O. S., 25. (6). It is presumed that the same principle holds in the school law. But the burden of proof will be on the party denying the violation of personal rights in the case. The polls should be opened and closed at the precise time designated by the statute, if the statute fixes the time, or by the notice, if so fixed. (c). For method of contesting elections, see note to section 3901. *If one candidate is ineligible, and the other is not elected, the election is void. See note d, Sec. 3917. 20 OHIO SCHOOL LAWS. Oh. 3. Notice of elec- tions. City Districts of the Second Class, and Village Districts. holding school elections, organize by the appointment of a chairman and secretary, and proceed to vote by ballot for per- sons to serve as members of the board ; and if the board consist of six members, two judicious and competent persons shall oe elected each year, and if it consists of three mem- bers, one such person shall be elected each year. [75 v. 53, §18] Sec. 3909. The clerk of the board of education of each city district of the second class, and of each village district, shall publish a notice of the election and meeting provided for in the preceding sections, in a newspaper of general circulation in the district, or post written notices of such meeting in five of the most pub ic places in the district, at least ten days before the holding of the same, which notice Length of no- tice. Omission of notice of va- cancy. Sec. 3909 (a). In the law pertaining to such notices, a day is held to be indivisible. Hence a notice issued on any day, allows the whole of that day to be included in the ten, or other number of days' notice, provided for by a statute. Since the ten days must all expire before the meeting begins, it must also expire before the day begins on which the meeting is held, the day itself being but a point of time. The acts of a meeting held on any other day than that expressed in the notice, are invalid. 16 O., 408. 4 Western Law Monthly, 215. (b). A notice for a school election must state the purpose for which it is to be held, and no other business can be legally transacted thereat, 14 Vermont, 300. The transaction of such business, however, would not invalidate acts done in accordance with the notice. Furthermore, " the omission of the sheriff [clerk] to mention' in his notice one of the vacan- cies to be filled is not conclusive evidence of the invalidity of the election. Taken in connection with other circumstances, it is competent evidence of fraud or conspiracy. State v. Taylor, 15 O. S., 137. State v. Stewart, 26 O. S., 216. But if the sheriff [clerk] fails to, give such notice for one of the vacancies to be filled, and in consequence of such neglect, only a small minority of the electors present vote for a person to fill such vacancy, such election is irregular and invalid. Foster v. Scarff, 15 O. S., 532." (c). On this subject, McCrary on Elections, \ 135, says : " It must be conceded that time and p]ace are of the substance of every election, while many provisions which appertain to the manner of conducting an election may be directory only. [Dickey v. Hulburt, 5 Cal., 343.] But it does not follow that due notice of time and place of holding an election is always Notice of time essential to its validity. Whether it is so or not depends upon the question whether the want of due notice has resulted in depriving any portion of the electors of their rights." 13 N. Y., 350; 12 Mich., 508 ; see also Foster v. Scarf, 15 O. S.. 532. (d). It is more essential that proper legal notice be given for an elec- tion to fill a vacancy, or to authorize a tax, than of a regular, stated election, provided for by law. SCHOOL OFFICERS GUIDE. 2 1 City Districts of the Second Class, and Village Districts. Ch. 3. shall specify the time and place of the election or meeting, and the number of members to be elected. [75 v. 53, § 19.] Sac. 3910. The secretary of the meeting or clerks of Returns to be . ■■ . in made t© board elections in village districts provided for in this chapter shall keep a poll-book and tally-sheet, and return the same within five days after the election to the clerk of the board of edu- cation of the district, duly certified. [75 v. 53, § 20.] Sec. 3911. When the electors of a city district of the S?i£S!f- er " second class, or of a village district, the board of education of e " which consists of three members, desire that the board shall consist of six members, they may make such change in the manner following : Written or printed notices shall be posted in at least five of the most public places in the district, at least ten days prior to the day designated therein, signed by a majority of the members of the board of education, or by one member of the board and at least ten resident electors of the district, requesting the qualified electors of the district to assemble on a day, and at an hour and a place, to be desig- nated therein, then and there to vote for or again-t such change; the electors, when assembled in accordance with the notice, shall appoint a chairman and two clerks, who shall be judges of the election ; the electors in favor of the proposed change shall have written or printed upon their ballots the words, " Board — change," and those opposed thereto the words, " Board — no change," and the ballots cast shall deter- mine the question whether the change shall be made; the judges shall make due return of the election to the board of education of the district, within ten days after the holding of the same; and if a majority of the votes cast be found to be in favor of the change, three additional members of the board shall be chosen at the next annual election for school officers, one to serve for one year, one for two years, and one for three years, and annually thereafter two members of the board shall be chosen to serve for three years, as provided in section thirty-nine hundred and five. [70 v. 195, § 21.] Sec. 3912. When the electors of a village desire to erect How village it into a village district, they may proceed in the following village ais- manner : Written or printed notices, signed by not less than five electors, resident of the village, shall be posted, at least ten days prior to the day designated therein, in at least five 2 2 OHIO SCHOOL LAWS. Ch. 3. City Districts of the Second Class, and Village Districts. of the most public places within^ the village, requesting the electors thereof to meet for the purpose of voting on the ques- tion of establishing a village district, on a day, and at an hour and a place, to be designated in the notices ; the meeting shall be held within the limits of the village, between the hours of six o'clock A. M. and six o'clock P. M., and the polls shall be kept open at least six hours; the electors, when assembled in accordance with this notice, shall appoint a chairman and two clerks, who shall be judges of the election ; the electors in favor of the proposed village district shall have written or printed on their ballots the words, ''Village dis- trict, yes," and those opposed thereto the words," Village district, no;" and the votes cast shall determine the question whether such village district shall be established; if a majority of the votes cast at such election be opposed to the establishment of such village district, the question of establishing the same shall not again be submitted to the electors of the village until the succeeding regular annual election for village offi- cers, and then only upon notice being given as above provided ; and if a majority of the votes cast at such election be in favor of the establishment of such district, the village may be organized as a village district in the manner provided in the next two sections. [74 v. 140, § 4.] v IStrictS? 6 Sec - 3913 - Written or printed notices, signed by not less than five electors residing within the limits of the vil- lage, shall be posted in at least five of the most conspicuous places therein, requesting the electors of the village to meet for the purpose of electing a board of education for such pro- posed village district, on a day, and at an hour and a place, designated in the notices, which notices shall be posted at least ten days prior to the day designated in them for such meeting ; the electors, when assembled in accordance with the ganized. Sec. 3912. Under the act of March 14, 1853, (51 v. 429), when an incorporated village was formed within or to include a material portion of a sub-district, no portion thereof is, by reason of such incorporation, with- drawn from the school jurisdiction of the township, but the whole continues to be a sub-district until the actual election or appointment of a separate school board, and the portion of a sub-district not included within the limits of such incorporated village, is "territory annexed for school pur- poses" within the meaning of the act. Cist v. State, 21 O. S., 339.] SCHOOL OFFICERS GUIDE. 2$ City Districts of the Second Class, and Village Districts. Ch. 3. notice, shall appoint a chairman and two clerks, who shall be judges of the election, and shall then choose by ballot six competent and judicious persons to serve as members of the board of education of the proposed district — two to serve for one year, two to serve for two years, and two to serve for thrc 5 years, from the third Monday of April next preceding tl e organization of the district, and until the election and quali- fication of their successors ; but if the election be held on the day of the annual election for school officers, there shall be elected two persons to serve for one year, two for two years, and two for three years, from the thir 1 Monday of April suc- ceeding their election, and until the election and qualification of their successors. [71 v. 55, § 5.] Sec. 3914. If such election be held on the first Monday organizatioa of April, the board elected thereat shall organize at the time and in the manner provided in section thirty-nine hundred and Sec. 3913. (a). Notice given on the first day of the month for such Time of no- election on the tenth, is not sufficient. See note to section 3909. (6). If the time of the giving of the notice is not stated, it may be proved. (c). If an emergency should occur, making it necessary to change the Change of place of holding the election after the regular notice has been given, and if such notice is given as would leave no excuse for not voting on account of the change, the election would not be invalidated by such change. 78 Illi- nois, 171. * (d). When candidates for different terms are running for the office of of^efnfVjn' 1 director, the term each is to serve should be designated on the ballots, and ballots, such designation can not be disregarded by the judges of election. 20 O. S^ 336. (e). This decision means this: the judges can count no votes on ichich such designation does not appear. When the election is that of members for two or more different terms, the offiers are two or more distinct offices. (/). Receiving illegal or improper votes will not alone vitiate an m e gnl votes election. It must be shown affirmatively, in order to overturn the declared result, that the wrongful action changed it. Dillon on Municipal Corpora- tions, 261. (g). Statutory provisions regarding an election are often regarded by g . often the courts as directory, and if the courts can determine what the popular directory, will was in the case, they are likely to sustain it. This is more especially true regarding the election ot officers. The construction is more rigid regarding votes to supply money — to impose taxes. See notes to sections 3909, 3916, 3981, etc. (h). As to fraudulently receiving votes by judges and fraudulent counts by them, see notes to section 3901. 24 OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. eighty ; but if the election be held at any other time, the board shall organize on the next Monday thereafter, and in the same manner. [71 v. 55, § 6.] CHAPTER 4. TOWNSHIP AND SPECIAL DISTRICTS, Section 3915. Township board of education — how constituted and organ- ized. 3916. Election and qualification of di- rectors. 3917. Notice and conduct of election. 3918. Meeting of directors. 3919. How vacancies in board filled. 3920. Regular and special meetings of board. 3921. Map of township district ; change of sub-districts. Section 3922. Elections in new sub-districts. 3923. Board of special district— how con- stituted, and how increased. 39 M. Election of members. 3925. Notice and conduct of election. 3926. How special districts abandoned. 3927. Members of the board to become directors; disposition oi prop- erty, etc. TOWNSHIP DISTRICTS. Township board' of edu- cation—how constituted and organ- ized. Surrender of charter. Ownership of property. What consti- tutes a quo- rum. Certificate of membership. Section 3915. The board of education of each township district divided into sub-districts shall consist of the town- Sec. 3914 (a). A village oi a city of the second class may surrender its charter without its school organ zation being affected thereby. Revised Statutes, sections 1640 and 1643. (b). The property, real and personal, within the village district so established, now belongs to said district, including a pro rata share of all monevs now in the treasury of the township district, and of the levy or levies already made. (c). All proceedings connected with the organization of the district should be recorded by the secretary in the records of the district, so that the facts concerning its formation and organization may be readily obtained in case the validity of the proceedings should ever be questioned. Sec. 3915 (a) This quasi membership of the clerk leaves it in doubt whether half of the sub-district clerks with him, would constitute a quorum _ It is presumed that a quorum of a majority will, by its votes, be able to protect the public interests. If the clerk, a non-voter, and hence not in the full sense a member, can help to make a quorum, this theory of the law is* here counteracted. Hon. E. E. White submitted the opinion that the town- ship clerk may fill up a quorum, and his successors in this office have gen- erally adopted this view. (b). The certificate of an election as clerk of a local board of directors, signed by the chairman and secretary of the meeting of such directors con- vened for the purpose of organizing, is conclusive evidence of membership in such township board. The township board of education can not go behind such evidence, except in ease of fraud. SCHOOL OFFICERS GUIDE. 25 Township and Special Districts. Ch. 4. t ship clerk, and the directors who have been appointed clerks of the sub-districts ; the board of a township district which is not divided into sub-districts shall consist of the township clerk, and the directors of the district ; the board of a town- ship district which is composed of not more than two sub- districts shall consist of the tjwnship clerk, and the directors of the two sub-districts; and the clerk of the township shall be clerk of the board, but shall not be entitled to a vote. [70 v. 195, §§ 26, 29 ; 70 v. 241, § 44 ] Sec. 3916. There shall be elected b\ ballot, on the second Election and Monday of April, annually, in each sub district, and in each of directors. township not divided into sub-districts, by the qualified elec- tors thereof, one competent person, having the qualifications of an elector therein, to be styled director, who shall hold his office for three years from the day of his election, and until his successor is elected and qualified; and such director shall, within five days after his election, take an oath or affirmation to support the constitution of the United States, and the con- stitution of the State of Ohio, and to discharge the duties of his office faithfully and impartially, which oath or affirmation may be administered by any director of a sub-district of the township, or by the township clerk. [75 v. 81, § 27.] Sec. 3917. The clerk of each sub-district, or if a town- ship is not divided into sub-districts, the clerk of the town- ship, shall post written or printed notices in three or more conspicuous places in his sub district or township, as the case may be, at least six days prior to the day of election, desi^nat- Sec. 3916 (a). When the legislature has fixed by law the time for Legal time of holding an election of officers, an election at any other time, unless pro- election, vided for by law, is unauthorized and void. State v. Dombaugli, 20 O. S., 167. (6). No person can exercise the functions or perform the official Must be elect- duties of an elective officer until he has been both elected and qualified. fi e( i. u l (c). An official trust can not be delegated ; see III Central Law Jour- nal, page 472. Hence the practice sometimes resorted to in this State, of C an not be* calling on a neighbor to attend a meeting of the local directors, and even of dele & ate «l- a township board, is manifestly illegal, and the acts of such boards, which depend on the votes of such substituies, are invalid and void. (d). A person who is entitled to vote at a township election, may vote voters in sub for a director in the sub-district in which he actually resides, however districts, recently his residence was acquired. (e). See also notes under 3913. 26 OHIO SCHOOL LAWS. Ch. 4. Towuship and Special Districts. Meeting of directors. ing the day and hour of opening, and the hour of closing the election; the election shall be held at the usual place of holding school meetings in the sub-district, or township which is not divided into sub-districts; the meeting shall be organ- ized by appointing a chairman and a secretary, who shall act as judges of the election ; and the secretary shall keep a poll- book and tally-sheet, which shall be signed by the judges, and delivered within eight days to the clerk of the township. [77 v. 63.1 Sec. 3918. The directors of each sub-district, two of whom shall constitute a quorum, shall meet within five days after the second Monday of April each year, at such place as may be most convenient in the sub-district, and organize by appointing one of their number clerk of the sub-district, who Failure to sign poll-book and tally-sheet. Ineligible can- didate. Wrong initials to name. Sec. 3917 (a). The officers of an election board cannot, after dissolv- ing the board and dispersing, return and perform any official act regarding such election. When they have dispersed, they cease to be officers of the election — are fundi officio. 21 O. S., 216; 14 O. S., 315. [b). When judges and clerks of election fail to sign poll books and tally sheets, to fill up blanks in the caption, or to carry out the aggregate votes, such omissions and mistakes may be corrected upon the trial of a contest, by parol evidence, and when so corrected, the documents, sustained by the parol prof f, are competent evidence of the result of the election. 16 O. S., 184. (c). When poll-books are substantially in compliance with law, the clerk, and the justices called to his aid, are not authorized to reject the same on account of alleged fraud. Phelps vs. Schroder, 26 O. S , 549. (d). In case a candidate receiving the highest number of votes at an election is ineligible, the next highest candidate is not elected. (See 13 Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117.) Another election shall be provided for, or an appointment be made according to law. (e). A person voted for under the name of £. H. Smith, whose name is H. E. Smith, there being no such man as E. H. Smith, should have the votes counted, if the judges are satisfied that the person H. E. Smith was intended. See case of Gates v. Beck with, II W. L. M., 589. See, also, State ex rel. Jas. E. Campbell v. Charles Foster, Governor, and Charles Townsend, Secretary of State, Ohio Law Journal, Feb. 10, 1883, in which the court held : "Where the Governor and Secretary of State, under section 2886 of the Revised Statutes, in canvassing the returns of votes from a congressional district aggregate the votes returned from one county for H. L. Morey, with the votes returned from other counties for Henry L. Morey, treating the names as designating the same person, a mandamus will not be awarded requiring the votes thus aggregated to be counted as given for different per- sons, in the absence of an averment that the voces were intended for differ- ent persons." school officers' guide. 27 , Township and Special Districts. Ch. 4. shall preside at the official meeting of the directors, and record their proceedings in a book to be provided for that purpose, together with the minutes of the proceedings of the annual school meetings held in the sub-district by the elec- tors thereof, which shall be a public record; all such pro- ceedings, when so recorded, shall be signed by the clerk,; the directors may meet as frequently as they deem necessary for the transaction of business, and may fill vacancies in the office of clerk, or, if the clerk be absent, either of the other directors may officiate temporarily in his place; but no busi- ness shall be transacted at a meeting of which due notice has not been given to each of the directors of the sub-district, either personally or by a written notice left at his residence or usual place of business. [70 v. 195, § 28.] Sec. 3919. If the qualified electors of a sub district, or of How vacan- cies in board a township not divided into sub-districts, fail to meet and fined. elect a director on the second Monday of April in any year, as prescribed in this chapter, or if a vacancy occur in the board of directors, any three qualified electors of such sub-district or township may call a special meeting of the directors thereof within ten days after such failure to elect, or the occurrence Sec. 3918 (a). As the township board is to organize and do business Organization on the third Monday of April, it is quite necessary that the directors organ- of board. ize promptly after the day of election. No meeting of such directors is legal unless every director has had due notice of it. (b). The notice for each meeting must be personal, or in writing, left as directed in the law. If the mail should be resorted to, and it could be Notice to proved that each member actually received notice, it might be held suffi- cient. The presumptions are against such procedure, and the burden of proof would certainly be on the party affirming such sufficiency. (c). Though a member may be out of town, it would appear that action done without leaving the notice as required, would be illegal and invalid. 16 Maine, 185. (d). In the absence of the duly elected clerk, at any legal meeting of filerkpro the directors, a clerk pro tern, may be appointed. Such appointment does not make him a member of the township board. (e). No pretended or attempted acts of a board of education or of a local board of directors, has any legal validity whatever, except as they are ^transacted 5 performed by the board in its organized capacity, its acts beingduly recorded at meeting. on its journal. The board is one organized body and not even an aggregate of three or six men, whose separate acts performed at different times and places, will constitute a legal act in any sense, nor for any purpose requiring official sanction. 22 O. S., 144 ; 25 Mich., 483. (/). As to contest of elections, see notes to sections 3906, 3987, etc. 28 OHIO SCHOOL LAWS. Ch. 4. Township and Special Districts. of such vacancy, for the purpose of electing a director, on first giving five days' notice in writing of the time and place of holding such meeting, by posting the same in three of the most public places in the sub-district or township; the director elected at such meeting shall hold his office for the unexpired term to be filled, and until the election and quali- fication of his successor ; and if there be a failure to hold such general election, or the special election provided for in this section, the township clerk shall appoint some suitable resi- dent of the sub-district to act as director until the next elec- tion, and until the election and qualification of his successor. [70 v. 195, § 20.] Sec. 3920. The board of education shall hold regular sessions on the third Monday of April and the last Monday of August in each year, at the usual places of holding township elections, or at such place in the immediate vicinity thereof as may be convenient, for the transaction of business, and may adjourn from time to time, or hold special meetings at any other time or place within the township, as it deems desirable, for the transaction of business; which special meeting may be called by the township clerk, by the presi- dent of the board, or by two or more members of the board, but each member of the board must be duly notified thereof personally, or by written notice left at his residence or usual place of business. 70 v. 195, § 31 ; 86 v. 346.] Map of town- Sec. 3921. A map of each township district shall be change of sub- prepared by the board, as often as it may deem necessary, in which shall be designated the numbers and boundaries of the sub-districts thereof; the board may at any regular session, increase or diminish the number, or change the boundaries of sub districts; but no sub-district shall contain lees than Computation of time. General re- quirements as to notice, etc. Sec. 3919 (a). When the time is calculated from an act done, th e whole day on which the act is done is included; but if the calculation be from the day itself, then the day is excluded. (6). As to what a notice must contain, see notes to section 3991. (c). The term election implies a choice of a qualified person to an office by an electoral body, at the time, and substantially in the manner, and with the safeguards provided by law, to prevent surprise upon the electoral body. 15 O. S., 534. Sec. 3920. The adjourned meetings of a regular session are regular meetings. SCHOOL OFFICERS GUIDE. 29 Township and Special Districts. Ch. 4. sixty resident scholars by enumeration, except in cases where, in the opinion of the board, it is necessary to reduce the number; and any sub-district which may be established by act of the general assembly shall be governed by the pro- visions of this title, except that it cannot be changed or con- solidated by the board within three years after its formation, unless the written consent of two-thirds of the electors resid- ing in the territory affected by such change is obtained. [75 v. 120 § 32.J Sec. 3022. When the board consolidates two or more Election in sub districts into a new sub-district, or establishes a new " r e icts? nb " fUs ~ sub-district in any other way, it shall call a special meeting of the qualified electors resident in the new sub-district, for the purpose of electing directors for the same; at least five days before the time fix^d for the meeting the board f-hall post, in three of the most public places in the new sub- district, written or printed notices, stating time, place, and object of holding the meeting; the election shall be con- ducted as provided in this chapter, and three directors shall be elected, one to serve for one year, one for two year?, and one for three years from the annual meeting next preceding the organization of the new sub-district ; and the terms of office of the directors of sub districts so consolidated shall ex- pire at the time such new sub-district is created. [75 v. 120, §32.J Sec. 3921. The term "sub-district," as used in section 1 of this sup- plementary act of April 9, 1867 (64 v. 117), does not include the subordinate existoniy'fn territorial divisions of separate school districts into which a city or village township dis- may be sub-divided, but applies exclusively to township or county sub- districts. [Anders v. Spargur, 19 O. S., 577.] Sec. 3922 (a). The attaching of a territory composing a sub-district to Effect of at- adjacent sub-districts by a township board of education, under section 32 of jj acmn S terri- the act of May 1, 1873 (70 v. 203), is not a consolidation of two or more sub- districts into a new sub-district, within the meaning of said section, but is a change or alteration of the boundaries of the sub-districts ; and the offices of local directors in the sub-district to which such territory is attached are not thereby vacated. [State v. Gibbs, 25 O. S., 256.] (b). In case of consolidation of sub-districts, members of local boards continue to serve and the clerks remain in the township board, until the actual election and qualification of the new board. 21 O. S., 339. 3Q OHIO SHOOL LAWS. Ch. 4. Township and Special Districts. SPECIAL DISTRICTS. Board of spe- cial district- how consti- tuted, and how increased, Election of members. Notice and conduct of election. Sec. 3923. The board of education of each special dis- trict shall consist of three members, who shall be residents of the district, and have the qualifications of an elector therein ; and when the electors of any special district, the board of education of which consists of three members, desire that the board shall consist of six members, they may make such change in the same manner as provided for city districts of the second class and village districts, in section thirty-nine hundred and eleven. [70 v. 195, § 22.] Sec 3924. There shall be elected annually, by ballot, on the second Monday of April, in each special district, by the qualified electors thereof, at the usual time and place of hold- ing school elections in such district, one judicious and com- petent person to serve as member of the board for three years from the first Monday succeeding his election, and until the election and qualification of his successor ; but in special districts hereafter established, the first election for members of the board shall be held within twenty days after such establishment, at least five days' previous notice of which, stating the time and place of meeting, and signed by at least three electors of the district, shall be posted in three of the most conspicuous places in the district ; at such meeting a chairman and clerk shall be chosen, and there shall be elected three members of the board, one to serve until the third Monday of April next succeeding his election, and one to serve for one year, and one for two years from said third Mon- day, and each to serve until the election and qualification of bis successor. [71 v. 57, § 23 ; 75 v. 120, § 19 ] Sec. 3925. The clerk of the district shall post written or printed notices, in three or more conspicuous places in the district, at least six days prior to the day of election, desig- nating the day and the hour of opening and closing the elec- tion ; and the election shall proceed, and a return thereof be made, in the manner provided for elections in village dis- tricts, and shall continue at least two hours. [71 v. 57, § 24.] Sec. 3924. If not held on the day fixed by law, see note on sec. 391t-. Sec. 3925. Notice on the first for an election on the sixth, is not suffi- cient. See note on sec. 3909. SCHOOL OFFICERS GUIDE. 3 1 Township and Special Districts. Ch. 4. Sec. 3926. When the electors of a special district desire ?. ow ..s?f c ¥ * districts aban- to abandon their organization, and become a part of the doned - township district of the township in which such special dis. trict is located, they make the change in the following man- ner : Written or printed notices shall be posted in at least five of the most public places in the district, signed by a majority of the members of the board of education, or one of the board and at least six resident electors of the district, request- ing the qualified electors thereof to assemble on a day, and at an hour and a place, designated in the notices, which notices shall be posted at least ten days prior to the day designated in them, then and there to vote for or against such change • the electors, when assembled at the time and place desig- nated in the notices, shall appoint a chairman and two clerks, who shall be judges of the election, which shall con- tinue at least two hours; those in favor of the proposed change shall have written or printed on their ballots the words "School — change," and those opposed thereto the words "School — no change," and a majority of the ballots cast shall determine the question whether the change shall be made ; the judges shall within five days after the election, make due return thereof to the board of education of the district; and if a majority of the votes cast are in favor of the change, the board shall immediately certify that fact to the township board, which shall thereupon assume jurisdiction of the terri- tory, property, and affairs ^of the special district, and there- after^treat such district as a sub-district of the township dis- trict. [72 v. 27, § 25.] Sec. 3927. The members of the board of education of the special district shall be directors of the sub-districts so ttabowdto created, for the remainder of the terms for which they were t^Tdisposf- elected respectively; the clerk of the special district board erty,etii • • i ■ i i supporied. in whiah the school house is situate, of which board the director who is clerk of the joint sub-district shall be a mem- ber ; but such school shall be supported from the school funds of the townships having territory in the joint sub-district, in proportion to the enumeration of j'outh, as provided in sec. tions thirty-nine hundred and sixty-one and thirty-nine hundred and sixty two. [75 v. 84, § 35.] Sec. 3930. Joint sub districts may be established also in Further P ro- ^ . visions lor es- the manner provided in succeeding sections of this chapter. tabiishmem. Sec. 3931. Three or more qualified electors, resident of Maybeestab- 1 hshed on pe- the territory sought to be included therein, may apply, in tttton. writing, to the board of education of any township wherein any part of the territory is situate, for the creation thereof. [75 v. 120, § 1.] Sec 3932. The petition shall describe the territory what petition J to contain. sought to be included in the joint sub-district, may set forth the reasons requiring the creation thereof, and shall be filed with the clerk of the board cf education to which it is addressed. [75 v. 120, § 2.] Sec. 3933. Upon the filing of such petition, such clerk • i • • Clerks to g shall forthwith give notice thereof, in writing, to the mem- notice of fii- & ' & ' ing.etc. Sec. 3929 (o). "Shall be a member," let him live in which township he may. (6). No money will be contributed from a township which has no youth enumerated within the joint sub-district, 3 34 OHIO SCHOOL LAWS. Ch. 5. Joint Sub-districts. When petition for joint sub- district may be tiled with probate judge, Security for costs to be given, Time and place of meet- ing of commis- sioners. Publication of notice, bers of the board of which he is clerk, which notices shall name a suitable and convenient place, and a day and hour, for the boards to meet : he shall also transmit a like notice, forth, with, to the clerks of all other boards of education having jurisdiction over any of the territory sought to be aGected; and such clerks, upon the receipt of such notice, ehall in like manner give notice forthwith of the filing of such petition, and of the time and place of meeting, to each member of their respective boards. [75 v. 120, § 3.] Sec, 3934. It shall be the duty of such boards to meet- and consider the petition within thirty days from the time the same is filed, but if they do not do so within bixty days from such time, or having met, established, or determined not to establish a joint sub-district, three or more electors of the territory sought to be included therein may file a petition or remonstrance, for or against the same, with the probate judge of the county ; and if the territory sought to be iucluded there- in is situated in two or more counties, the petition may be filed with the probate judge of either county. [75 v, 120, § 4; 78 v. 8.] Sec. 3935. The petitioners shall also file with the pro- bate judge the undertaking of one or more of their number, with security to the satisfaction of the judge, in the sum of one hundred dollars, conditioned that the petitioners will pay- all the cost of a proceeding if a joint sub district be not estab- lished thereby. [75 v. 120, § 5.] Sec. 3936. Upon the filing of such petition and under- taking, the judge shall fix a time, not more than sixty days thereafter, and a place, which shall be the school-house upon the territory, if there is one thereon, and if there is more than one school-house thereon, then the house last built, and if there is no school-house thereon, then some convenient place within the territory, for the meeting of the commissioners hereinafter directed to be appointed. [75 v. 120, § 6.] Sec. 3937. The judge shall thereupon cause to be pub- lished, for four consecutive weeks, in two newspapers of oppo- site politics, printed and of general circulation in the county where the petition is filed, notice of the filing of cuch petition, and of the time and place of meeting of the commissioners. [75 v. 120, § 7.] SCHOOL OFFICERS GUIDE. 35 Joint Sub-districts. Ch. 5. Sec 3938. The judge shall also make an order appoint- ing three judicious, disinterested men of the county, and not residents of either of the townships to be affected, to be com- missioners, and to act in the premises; if a person so appointed die, or fail from any cause to be present and to act, or if he give notice of his inability to serve, the judge shall forthwith, by order, appoint another in his stead, who may act as if he had. been originally appointed : and the judge shall deliver a copy of the petition and his order to the commissioners, and shall instruct them in the law applicable to such proceed- ings. [75 v. 120, § 8.] Sec 3939. The commissioners shall take an oath to dis- charge faithfully the duties r-quired by this chapter, accord- ing to the best of their knowledge and understanding, aod shall meet at the time and place named in the published no- tice, may examine witnesses under oath, which may be administered by one of their own number, and consider and determine the question whether a joint sub-district ought to be established. [75 v. 120, § 9.J Sec. 3940. The clerk of the several boards of education interested shall be present at the meeting of the commission- ers, and have with them the plats of the several townships, with the lines of the several sub-districts marked thereon, and such other papers and documents as will serve to inform the commissioners, and give them a correct idea of the wants of the petitioners. [75 v. 120, § 10.J Sec 3941. The commissioners shall report, in writing, to the probate judge: 1. Whether or not a joint sub-district ought to be estab- lished, and their reasons therefor. 2. If the} 7 find in favor of the establishment of a joint sub district, they shall give the lines and a plat thereof; they may also change the lines of the sub-district proposed in the petition, by including therein other territory, or exclud- ing territory included therein, or both ; and if there is no Commission. era to be ap- pointed. Oath'and du- ties of com- missioners. Clerks to have present plats and papers. The report of the commis- sioners. Sec. 3934. The petition i^ rirst to go to the board of education and Petition mus;t only in case of there being three persons who are to be affected by the neg- be first pre- lect of the board to act; or by their establishment of, or determination not board, to establish such joint sub-district, can the petition or remonstrance go to the probate judge. $6 OHIO SCHOOL LAWS. Ch. 5. Joint Sub-districts. suitable school-house within such boundaries, or, if there is one, but it is not suitably located, they shall designate a site whereon to erect such building. [75 v. 120, § 11.] toTelfgnltt 018 Sec. 3941 a. Where, in any joint sub-district heretofore housef sch ° o1 established by proceedings in the probate court, there is no suitable school-house, and no site has been designated where- on to erect such building, the local directors, or a majority of them, of such joint sub-district, are hereby authorized and required to designate a site for such school-house, and report the same to the clerks ot the boards of education of the several townships having territory in such joint sub-district. And the board of education of the township in which such cation to es- u school-house site is located, shall, at its next meeting there- after, at which it may make the annual estimates and levies for school purposes, make the necessary estimate to purchase such school-house site, and to erect and furnish a suitable school-house thereon, according to the provisions of section b r ard e Mi SS if thirty-nine hundred and sixty-one. And if such board of educa- tion fail to make and report such estimate, to the county auditor before the first Monday of June next thereafter, the county commissioners of such county shall, at the request of a majority of the local directors of such joint sub-district, make such estimate and levy and report at the same time to the county auditor. And such levy shall be made and the money collected in like manner as the funds are levied and collected for other joint sub-districts. [80 v. 62.] Tj^effectof g EC> 3942. The report of the commissioners, if against the establishment of a joint sub-district, shall be a bar to any proceeding to etablish a joint sub-district out of any of the territory described in the petition for three years; and if the report be in favor of the establishment of a joint sub-district, Sec. 3942. There is little reason to suppose that the word "final" is intended to mean any more than it would mean, in case the boards of edu- cation had themselves proceeded to complete the formation of a joint sub- district. It becomes, by this act of the commissioners, an established joint Dissolution of sub-district, ready for the completion of its organization by the election of district. ' directors and the erection of a school-house on the site designated by the commissioners. In case the legislature had established the district, a board could not, of course, repeal its act. If the boards had formed it, they could dissolve it. It is, no doubt, in the same condition it would be in had the boards formed it. SCHOOL OFFICERS GUIDE. 37 Classification and Change of Districts. Ch. 1. it shall be final, unless set aside by the probate court for fraud. [75 v. 120, § 12.] Sec. 3943. If the report be against the establishment of ££f$£ t for a joint sub-district, the judge shall render judgment against fees allowcd - the petitioners for all the cost of the proceeding; and the commissioners and the judge shall receive the same fees as are authorized to be charged for like services in proceedings to establish roads, and such other fees as are authorized by law. [75 v. 120, § 13.] Sec. 3944. If the report be in favor of the establishment 82jj££^ of a joint sub-district, the judge shall make an entry con- subdistrict - firming^the same; and a certified copy of the report, includ- ing the plat and his order, shall be delivered to the clerk of the board of education of each township interested therein, and thereafter such joint sub-district shall be fully estab- lished, and it shall be governed and controlled in the same manner as joint sub-districts otherwise established. [75 v. 120, § 14.] Sec 3945. In such case the judge shall tax the costs of the proceedings to the board of education of the several m°such S cas P e ai townships interested, in such proportion as he may deem just and equitable, and certify the same to the clerks of such boards; and the boards shall be liable therefor, and at the first regular or special meeting of each thereafter payment of the amount so taxed to it shall be ordered. [75 v. 120, § 15.] Petition for Sec. 3916. A petition may, in like manner, be filed such P ur P° ses - with the clerk of the board of education of any township, praying for the creation of an additional sub-district, or for changing the lines of sub-districts, or for the creation of a Sec. 3945. Concerning the record of these proceedings see note (c) to section 3914. Sec. 3946 (a). The petition is not applicable to a case in which it is sought to change the boundaries between two special or two village or city districts, or between a special and a village or city district. It pertains cable when, only to cases in which the boundaries of a sub-district are in some way to be affected, as only in such cases has the township board jurisdiction. But> according to section 3893, the boards of education having the management of such special, village, or city districts may transfer their territory from one to the other. Ham. Co. Com. Pleas, Boards of Ed'n Sycamore Tp. v. Henry C. Bo wen et al. (b). As to what matters public notices must contain, see notes to sec- tion 3991. 38 oino school laws. Ch. 5. Joint Sub.istricts. Proceedings thereon. special school district, or for changing the lines of special or village districts, and adjoining sub-districts; but when a special or village district is interested in such proposed change, the petition may be filed either with the clerk of the township board, or the clerk of the board of education of suc'i special or village district ; and when any such lines have been so changed, they shall not be altered by any board or boards of education until after the expiration of three years, except upon the written consent of two thirds of the electors residing within the territory affected by the change. [75 v. 120, § 16.] Sec. 3947. Such petition may be filed with the clerk of the board of education of such special or village district, with the clerk of.the board of education of the township, or, if the changes sought by the petition affect territory in more than one township, with the clerk of the board of education of either township; and, upon the filing thereof, the members of the board or boards interested shall be notified, as provided in section thirty-nine hundred and thirty three. [75 v. 120, § 17.] ?ec. 3948. It shall be the duty of such board or boards befliea n ^th to meet and consider the petition within thirty days from probate judge. t , Qe ^ me ^g same j s filed, but on failure to do so within sixty days of such time, or if the board or boards meet and grant, or refuse to grant, the prayer of the petition, a petition or a remonstrance may be filed with the probate judge of the county, by either party, as provided in section thirty-nine hun- dred and thirty four; and, thereafter, such proceedings may be had thereon, and they shall have the same effect as is herein provided for the formation of joint sub districts. [75 v. 120, §18; 78 v. 9.] Sec. 3949. Directors of joint sub-districts shall be elect- when such tie^eta.'of 1 ed at the same time, in the same manner, and for the same term, as directors of other sub-districts, and shall organize at the same time, and in the same manner, have the same powers, perform like duties, and be subject to the same pen- alties; but in such sub-districts hereafter established, the first election shall be held within twenty days after such establishment, at least five days' previous notice of which, stating the time and place of meeting, and signed by at least three electors of the sub-district, shall be posted in three of SCHOOL OFFICERS GUIDE. Joint Sub-districts. Ch. 5. the most public places in the sub-district; and at such meet- ing a chairman and clerk shall be chosen, and there shall be elected three directors, one to serve until the third Monday of April next succeeding his election, and one to serve for one year and one for two years from said third Monday, and until the election and qualification of their successors. [70 v. 195, § 34; 75 v. 120, § 19. J Sec. 3950. No joint sub-district which is now organized, power to or may hereafter be organized, shall be dissolved, changed or sub-districts. altered, unless by the concurrent action of the boards of edu- cation of the several townships having territory included therein; provided, however, that when any board of educa- tion, in a joint sub-district desires to dissolve, change or alter the same, the board of education desiring such dissolu- tion, change or alteration, shall notify, in writing, the boards of education interested, of the time when they will meet to consider the proposed dissolution, change or alteration. The place of meeting shall be the school-house in such joint sub- district; but if there be none, then at some convenient place in the vicinity of such joint sub-district. If the joint boards fail to meet, or having met, cannot agree upon a dissolution, change or alteration, as the case may be, then the board of education desiring such dissolution, change or alteration, may appeal to the probate court of the proper county, and the same proceedings shall be had as in case of appeals in the formation of joint sub-districts, so far as applicable, as provided in sections 3935, 3936, 3937, 3938, ProccGcliiiETS to 3939, 3940 and 39-41 ; and any joint sub-district established by effect change, proceedings in the probate court may be dissolved, changed or altered, as provided in this section, at any time after the expiration of five years, or the court may dissolve the same at any time upon being petitioned to do so by two-thirds of the Sec. 3950. Where a joint sub-school district is established by the pro- bate court under the provisions of sections 3930 to 3950, inclusive, of the Re- vised Statutes, and the judgment of said court remains in full force and un- reversed, an action by the board of education of the township in which such joint sub-district is established, to enjoin the county commissioners from levying a tax to support the same, can not be maintained. The judgment of the probate court is final, unless reversed for error or set aside for fraud. Board of Education of Washington township, Darke county, vs. John H. Stuck et al. 39 O. S., 259. 40 OHIO SCHOOL LAWS. Ch. 6. School Funds. voters residing in the district which is affected by the change, when the best interests of the school demand such dissolu- tion, change or alteration. [77 v. 186; 81 v. 211; 84 v 117; 86 v. 211.] CHAPTER 6. SCHOOL FUNDS. The "state common school fund. 1 Interest on proceeds of salt and swamp lands. Section 3051. The "state common school fund." 3952. Interest upon proceeds of salt and swamp lands. The "common school fund." Accounts of common school fund — how kept, etc. Bequests, etc., in trust for com- mon school fund. 3956. Apportionment of school funds hy auditor of state. To what county common school fund paid when county line divides original surveyed township. Estimate and levy for contingent fund. Limitation as to levy for contin- gent fund. Estimate to be certified to county auditor. Contingent fund for joint sub- district. 3953. 3954. 39"..". 3957. 3958. 3959. 3960. 3961. Section 3962. Same when county line divides such sub-district. 3963. Funds of district composed of ter- ritory in more than one county. 3964. Apportionment of school funds by county auditor. 3965. Distribution of money after ap- portionment. 3966. Apportionment of common school fund by county auditor when county line divides original surveyed township. 3967. Apportionment of contingent fund by boards of education. 3968. How contingent fund to be applied in Toledo. 3969. County commissioners to levy con- tingent fund when board neg- lects. 3970. County auditor to collect fines, etc., and inspect section sixteen accounts. Section 3951. For the purpose of affording advantages of a free education to all the youth of the state, there shall be levied, annually, a tax upon the grand list of taxable proper- ty of the state, which shall be collected in the same manner as other state taxes are collected, and the proceeds of which shall constitute the " state common school fund ; " the rate of such levy shall be designated by the general assembly at least once in two years ; and if the general assembly fail to desig- nate the rate for any year, the same shall be one mill upon each dollar of valuation of such taxable property. [70 v. 195, § 126.] Sec. 3952. The state shall pay interest annually, at the rate of six per cent, per annum, upon all money which has been paid into the state treasury on account ot sales of lands commonly called " salt lands, " and upon all money hereto- fore paid, or which may hereafter be paid into the state treas- ury on account of sales of swamp lands granted to the state of Ohio by act of congress; the money received from such sales shall constitute an irreducible debt of the state ; and the SCHOOL OFFICERS GUIDE. 4-1 School Funds. Ch. 6. interest shall be apportioned annually on the same basis as the state common school fund is apportioned, and distributed to the several counties as provided in section thirty nine hun- dred andfijty six. [70 v. 195, § 132 ; 49 v. 40, § 1.] Sec. 3953. The money which has been and may here- The "common , . , . - rir school fund.'' after be paid into the state treasury on account ot sales ot lands granted by congress for the support of public schools in any original surveyed township, or other district of country, shall constitute the "common school fund," of which the auditor of state shall be superintendent, and the income of which shall be applied exclusively to the support of common schools, in the manner designated in this chapter. [70 v. 195, §§ 127. 128.] Sec. 3954. The common school fund shall constitute an Accounts of common irreducible debt of the state, on which the state shall pay in- f^tept n ete; terest annually, at the rate of six per cent, per annum, to be computed for the calendar year, and the first computation on any payment of principal hereafter made to be from the time of payment to and including the thirty-first day of December next succeeding; and the auditor of state shall keep an account of the fund, and of the interest which accrues there- on, in a book or books to be provided for the purpose, with each original surveyed township and other district of country to which any part of the fund belongs, crediting each with its share of the fund, and showing the amount of interest thereon which accrues and the amount which is disbursed annually to each. [70 v. 195, §§ 128, 129.] Sec. 3955. When any grant or devise of land, or any Bequests, etc -, , . ~ , , , .in trust for the donation or bequest ot money or other personal property, is common . school fund. made to the state of Ohio, or to any person, or otherwise, in trust for the common school fund, the same shall become vested in said fund; and when the money arising therefrom is paid into the state treasury, proper accounts thereof shall be kept by the auditor of state, and the interest accruing therefrom shall be applied according to the intent of the grantor, donor, or devisor. [70 v. 195, § 131.] Sec. 3956. The auditor of state shall apportion the state , r r Apportion- common school fund to the several counties of the state semi- mem of school funds by audi- annually, upon the basis of the enumeration of youth there- torofstate - in, as shown by the latest abstract of enumeration transmitted 42 OHIO SCHOOL LAWS. Ch. 6. School Funds. to him by the state commissioner of common schools; before making his February settlement with county treasurers, he shall apportion such amount thereof as he shall estimate to h ive been collected up to that time, and, in the settlement sheet which he transmits to the auditor of each county, shall certify the amount payable to the treasurer of his county ; be- fore making his final settlement with county treasurers each year, he shall apportion the remainder of the whole fund col- lected, as nearly as the same can be ascertained, and in the August settlement sheet which he transmits to the auditor of each county; shall certify the amount payable to the treas- urer of his county; in each February settlement sheet he shall also enter the amount of money payable to the county treasurer on the apportionment of interest specified in section thirty-nine hundred and fifty two ; he f^hall also enter in each February settlement sheet the amount of money payable to the county treasurer on account of interest for the preceding year on the common school fund, and designate the source or sources from which the interest accrued; he shall transmit with each February settlement sheet a certified state- ment, showing the amount of interest derived from the common school fund payable to each original surveyed township or other district of country with- in the county; and the treasurer of each county shall, at each semi-annual settlement with the auditor of state, retain in the county treasury, from the state taxes collected by him, the amount of the funds herein mentioned shown by the settlement sheet of the auditor of state to be payable to him at that time; but if such amount for any county exceeds the Sec. 3956 (a). By section 4036 the county auditor is authorized to employ a t proper person to take the enumeration in any district whenever the same is not taken as required by law, and section 4038 makes the clerk liable for all damage or loss accruing to any school district by his neglect to cause such enumeration to be taken and returned to the county auditor. (6). The Auditor of State apportions these funds to the several coun- ties, and certifies the same to the county auditors, and they apportion them to the school districts in the county, giving the clerks and treasurers of school districts a copy of such apportionment, and giving orders on the county treasurer for the amounts so apportioned, and taking their receipts therefor. (c). All fines, etc., collected and paid into the county treasury should be disbursed to the proper school districts in the same manner. SCHOOL OFFICERS GUIDE. 43 School Funds. Ch. 6. amount of state taxes collected therein, the auditor of state shall draw an order on the treasurer of state, in favor of the treasurer of such county, for the balance of school funds due his county, and transmit the same to such county treasurer, and the treasurer of state shall pay such order upon its pre- sentation to him. TTO v. 195, §§ 120, 130.] Sec. 3957. If parts of an original surveyed township or fractional township are situate in two or more counties, the amount of interest on common school fund due to such town- ship shall be paid in the manner provided in the last section, to the treasurer of the county wherein the greatest relative portion of such township is situate ; but if it be uncertain in which county such portion is situate, the amount of interest due to such township shall be paid to the treasurer of the oldest county in which any part of the township is situate. [70 v. 195. § 130.] Sej. 3958. Each board of education shall, annually, at a regular or special meeting, to be held between the third Mon- day in April and the first Monday in June, determine by estimate, as nearly as practicable, the entire amount of money necessary to be levied as a contingent fund for the continu- ance of the school or schools of the district, after the state funds are exhausted, to purchase sites for school-houses, to erect, purchase, lease, repair, and furnish school-houses, and build additions thereto, and for other school expenses. [75 v. 526, § 56 ; 75 v. 101, § 4 ; 80 v. 17, 124 ; 81 v. 177.] To what coun- ty common school fund paid when county line di- vides original surveyed township. Board of edu- cation to make estimate for expenses. Sec 3958 (a). "It is a general rule that statutes, so far as they limit a time for the performance of an act by a public officer, for the public bene- fit, are merely directory, when time is not the essence of the thing to be done, unless there are negative words, and the act is valid if done afterwards. (6). "A notice, by a clerk of a board of education, of a tax voted by the board, to build a school-house, delivered to the auditor on the 11th day of June, is sufficient authority to the auditor for carrying the tax into his duplicate." II. Western Law Monthly, page 589. (c). Tuition from non-resident pupils is to be paid to the board of ed- ucation, and disbursed like other contingent funds. Neither the teacher nor the local directors have any authority to retain or to pay out such funds. (d). The term "Contingent Fund" is used to designate the local levy> because the amount ol it is contingent on the difference between the wants of the district and the amount of State funds received. It includes both the amount levied for the payment of teachers, and that for building, repairs, and other expenses. The language of this section and that of section 3967 seems to imply that the State funds are to be used only for the payment of teachers. Statutes when directory. When tax may he placed on duplicate. Tuition of non-resident pnpils. What the con- tingent fund is. 44 OHIO SCHOOL LAWS. Ch. 6. School Funds. Amount of levy Estimate to be certified to county au- ditor. Contingent fund of joint sub-district. Sec. 3959. Such estimate and levy shall not exceed, in cities of the first grade of the first class, three and one fourth mills, provided, however, that the boards of education in said cities may levy one mill additional for every five thousand pupils over and above twenty-five thousand enrolled in the public schools of said cities, which levy, however, shall in no case exceed four mills; and in cities of the second'grade, first class, five mills; and in all other districts, seven mills on each dollar of valuation of taxable property. [61 v. 63, § 2; 63 v. 15, § 1 ; 75 v. 101, § 4; 75 v. 526, § 56; 79 v. 80; 80 v. 124; 81 v. 177.] Sec. 3960. The amount so estimated the board shall cer- tify, in writing, on or before the first Monday in June in each year, to the auditor of the county to which the district belongs, who shall assess the entire amount upon all the tax- able property of the district, and enter it upon the tax list of the county, and the county treasurer shall collect the same, at the same time and in the same manner as state and county taxes are collected, and pay it to the treasurer of the district, upon the warrant of the county auditor ; and unless he is paid a fixed salary, he shall receive one per centum on all money so collected, and no more. [70 v. 195, §§ 57, 58. J Sec. 3961. For a joint sub-district the estimate required by section thirty-nine hundred and fifty eight shall be made by the board of education having control of the school thereof, and apportioned to the several townships having territory therein in proportion to the enumeration of youth in the ter- Levy voted by electors. Boards liable for failure; to provide school advantages. Transfer of joint sub-dis- trict funds. Sec. 3960 (a). The board must also certify any additional amount for building or other purposes which may have been voted at a special meeting of electors, and so required to be certified in Sec. 3992. The board may certify the amount of money, not rates of levy. If the certificate is sent in after the day, the auditor is still to levy the tax, if possible. See note and authority on section 3958. (b). If the board of education fails to provide for all the youth of school age in the district, the county commissioners are to perform the work of the board, and the members of the board "shall each be severally liable in a renal ty" of $25 to $50 for such failure. See section 3969. Sec. 3961. As the auditor does not actually handle or transfer the moneys, the word "transfer," must here refer to his record and warrant. He certifies to the clerk and treasurer of each township the amounts due to the joint sub-districts from such township, that the money may be properly paid by the treasurer of each township district to the joint sub districts, and that the accounts may be fully adjusted by each. SCHOOL OFFICERS GUIDE. 45 School Funds. Ch. 6. ritory belonging to each; the board shall certify such esti- mate, so apportioned, to the county auditor, who shall add the portion for each township to the estimate for a contin- gent fund certified to him by its board of education, and place it on the tax list therewith for collection as part of the township estimate; when the county auditor apportions the school funds he shall trans'er to the township having control of the school, from the other townships, the amounts so assessed and collected, and certify to the clerk and treasurer of each township the amount due the joint sub-district, in- cluding state tax, interest on the common school fund, con- tingent fund, and money received from other sources, which amount shall be paid to the treasurer of the board having control of the school; and such board shall cause to be kept such accounts as will show the funds received from each town- ship, and the disposition thereof, and transmit to the other board or boards interested, at the end of the school year, a statement of such receipts and expenditures. [75 v. 84, § 35.] Sec. 3962. When a joint sub-district is composed of fractions of two or more counties, such estimate shall be county line , . • i t • xi l- divides such apportioned to townships, as provided in the preceding sec- sub-district. tion, and the amount apportioned to the township or town- ships belonging to each county shall be certified by the board to the auditor thereof, whose duties in the premises shall be the same as prescribed for the auditor in the preceding sec- tion, so far as the provisions thereof are applicable; and the board shall keep accounts, and report receipts and expendi- tures, as provided in said section. [72 v. 63, § 36] Sec. 3063. The funds belonging to a district composed Fundsofdis- of territory in more than one county shall be paid by the than one 101 "' treasurer of the other counties to the treasurer of the county in which the school-house of the district is situate; the audi- tors of other counties shall make settlement on account of such funds with the auditor of the county in which such school-house is situate ; and the treasurer of the district shall make the settlement required by section thirty-nine hundred and sixty-six with such auditor. Sec 3964. Each county auditor shall, annually, imme- Apportion- J ' J ' ment of school diately after his annual settlement with the county treasurer, ! u auditor "" apportion the school funds for his county ; the state common 46 OHIO SCHOOL LAWS. Ch. 6. School Funds. school fund shall be apportioned in proportion to the enumer- ation of youth, to districts, sub-districts, and joint sub- districts, and fractions of districts and joint sub districts, within the county; but if an enumeration of the youth of any district, for any year, has not been taken and returned, such district shall not be entitled to receive any portion of said fund ; the contingent funds collected from the several districts shall be paid to the districts to which they respectively belong; money received from the state on account of interest on the common school fund shall be apportioned to the school districts and parts of school districts within the territory designated by the auditor of state as entitled thereto, in proportion. to the enumeration of youth therein, and all other money in the county treasury ior the support of common schools, and not otherwise appropriated by law, shall be apportioned annually in the same manner as the state common school fund. [70 v. 195, § 120; S. & C. 64, §2: S. &C. 1406, §3; 77 v. 58. J o/money^fter Sec. 3965. The auditor shall, immediately after such mwiti I0n apportionment is made, enter the same in a book to be kept for that purpose, and furnish a certified copy of the appor- tionment to each school treasurer and clerk in his county ; and he shall give to each of such treasurers an order on the county treasurer for the amount of money payable to him, and take his receipt therefor. [70 v. 195, § 120. J Apportion- Sec. 3966. When an original surveyed township or ment of com- . . . mon school fractional township is situate in two or more counties, and fuud bv coun- ' ty auditor the lanci granted thereto bv congress for the support of pub- when county . • x linedivides n c schools has been sold, the auditor of the county, to whose original sur- ' J vepdtown- treasurer the interest on the proceeds of such sale is paid, shall apportion such interest to the counties in which such township is situate, in proportion .to the youth of the town- ship enumerated in each ; such auditor shall certify to the auditor of each of the other counties the amount so ascer- tained to belong to the part of the township situate in his county, and transmit to the treasurer of each of such counties an order on the treasurer of his own county for such amount ; and the auditor of each county shall apportion the amount of such interest belonging to the part of the township in his county, to the districts or parts of districts entitled thereto, in Maximum of SCHOOL OFFICERS GUIDE. 47 School Funds. Ch. 6. proportion to the enumeration of youth therein, and certify and pay the same to the proper school officers, as provided in the preceding section. [70 v. 195, §S 121, 122; 72 v. 63, § 36.] Sec. 3967. So much of the contingent fund as may be j^ set apart by a township board for the continuance of schools after the state funds are exhausted, shall be so apportioned by the board that the schools in all the sub-districts of the township frhall be continued the same length of time each year; and if the apportionment be not satisfactory to the directors cf any sub-district, or a majority of them, they may give notice thereof, in writing, to the county commissioners, who, at their first regular meeting for the transaction of busi- ness after the receipt of such notice, shall revise the appor- tionment, and the amount aforesaid shall be apportioned in the manner determined by the commissioners; but neither the township board nor th j commissioners shall reapportion any funds which were apportioned among the sub-districts before any preceding annual settlement, and in making an apportionment of funds, the amount set apart for any sub- district shall not be increased or diminished by reason of any deficit or surplus in the funds previously apportioned to such sub-district. [70 v. 195, § 60; 82 v. 92.J Sec. 3968. In the city of Toledo, at each annual settle- How contin- ment of the treasurer of the board of education with the coun- gent fund to be applied in ty auditor, th^re shall be placed to the credit of a sinking Toledo, fund so much of the proceeds of the levy for contingent fund as would ! e produced by a levy of two mills, and the treas- urer shall apply the same in payment of school bonds, and interest thereon, and to no other purpose. [75 v. 526, § 56.] Sec. 3967 (a). The custom which has prevailed in some township dis- g c hool funds tricts of dividing the contingent fund and placing it in the hands of direc- remain in cus- ° ° . tody of the tors, is not legal. All school funds should be retained in the custody of the treasurers. township treasurer until drawn out for the payment of expenses legally in- curred. (b). It is advisable for each board to require directors to report for contracts to be payment all contracts made under the provisions of this section to the reported, board at their next meeting after the making of such contracts. (c). Inasmuch as the larger sub-districts receive more of the State funds than the smaller sub-districts, the latter ought to receive proportion- memVf ally more of the township tuition fund than the former. If, however, the funds, larger sub-districts contain two or more schools, or actually require more 48 OHIO SCHOOL LAWS. Ch. 6. School Fund. County cam- missioners to levy contin- gent fund when board neglects. Sec. 3969. If the board of education of any district fail in any year to estimate and certify the levy for a contingent fund, as required by this chapter, or to provide sufficient school privilege for all the youth of school age in the district, or to provide for the continuance of any school in the district for at least six months in the year, or to provide for each school an equitable share of school advantages as required by In case of tie. Should con- tinue schools the usual time. tuition money than the smaller to sustain their schools an equal length of time, they are entitled to more. The larger sub-districts may, in some instances, be obliged to pay higher wages than the smaller. The intention of the law is to require boards of education to provide the necessary funds, all the circumstances being duly considered, for continuing the schools of the several sub-districts an equal length of time. *(«?)■• The adding together of the State and contingent funds, and then dividing the sum equally among the several sub-districts, as is so frequent- ly done by township boards, is not a compliance with either the letter or the spirit of the law. An equal division, except in rare instances, cannot be an equitable division. (e). In case the township tuition fund is distributed by the board illegally, complaint sliould be made to the county commissioners under this section. Sec. 3969 (a). Several questions have come up under this section. In solving any doubts that have arisen, it has seemed proper to consider that the -purpose of the section is to provide an absolute remedy against the sus- pension of a school, and to assure to each pupil in the State reasonably convenient facilities for attending school six months each year. *If, however, a board has levied up to the full limit allowed by law, and the sum produced is not sufficient to continue the schools of the district for six months, there seems to be no remedy. But if a levy under this limit fails to sustain the schools lor the minimum time prescribed in this section, then an appeal should be made to the county commissioners, whose duty it will be to raise the levy to the highest limit warranted by the law ; and they will be justified in a'cting as soon as they are satisfied that the amount levied by the board of the district will be insufficient to meet the demands of the law. (b). If in a large city, where teachers have been paid each' month, a board of education stands at a tie in its organization, so that it can not act for months together, and the prospect for action does not brighten, the case would seem to be one in which the schools must stop unless the means are provided for continuing them. In such case the commissioners should in- terfere. (c). The law does not seem to intend that the commissioners shall stop a school which has come under their control, when six months' school has been taught during the year. They should be governed by the customs of the district. In a city they should keep up the schools 40 weeks, if that has been the custom. SCHOOL OFFICERS GUIDE. 49 School Funds. Ch. 6. this title, or to provide suitable school-houses for all the schools under its control, the commissioners of the county to which such district belongs, upon being advised and satisfied thereof, shall doand perform any or all of said duties and acts, in as full a manner as the board of education is by this title authorized to do and perform the same; and the members of a board, who cause such failure shall be each severally liable, in a penalty not exceeding fifty nor less than twenty five dollars, to be recovered in a civil action in the name of the state, upon complaint of any elector of the district, which sum shall be collected by the prosecuting attorney of the county, and when collected shall be paid into the treasury of the county, for the benefit of the school or schools of the dis- trict. [72 v. 59, §59.] Sec. 3970. The auditor of each county shall collect, or cause to be collected, all fines and other money, for the sup- for U to ooikl't port of common schools in his county, and pay the same to fnsMct^ection the county treasurer; he shall inspect all accounts of inter- counts! a ° est accruing on account of section sixteen or other school lands, whether the same is payable by the state or by the debtors; and he shall take all proper measures to secure to each school district in his county the full amount of school funds to which it is entitled. [70 v. 195, § 120.] (d). Local directors, or patrons of the school, may appeal to the com- missioners under the fourth item here enumerated, if the township board of education have treated the sub-district unjustly in the apportionment of funds, or continue to treat families unjustly by imposing the necessity of excessive travel to reach a school. (e). Under the fifth item, if a school building is unsafe, or becomes so, any persons interested may, after due appeal to the board of education, ap- peal to the commissioners, who should consider the necessity for action. The same is true in case the school-house or school premises are in condi- tion to engender disease, or great discomfort, or arc intolerably near to a nuisance or source of disease, as a glue factory, slaughter-house, [untidy stable, stagnant pool, or the like. Sec. 3970. The list of such fines is here appended : Sec. 3479 (Amended 1881). Penalty for avoiding toll on turnpikes or plankroads. Sec. 4033. Penalty against the clerks of local boards who fail to take tl.e enumeration. Secs. 4201-04. Penalty for allowing certain animals to run at large. Sec. 4382. Penalty against owners or keepers of wharf boats. Local direc- tors may a]> peal iro'ni township boards. Case of unsafe school hi uses, nuisances, etc. Penalties and forfeitures ; .-:i\ ible int:i the township (district) treasury. 5° OHIO SCHOOL LAWS. Ch. 6. School Funds. Penalties and forfeitures payable into the county treasury. Penalties and forfeitures payable into the State treasury. Secs. 4401-02. Penalty against peddlers that do not obtain a license. Sec. 1504. (Amended 1883). Penalty against township clerk failing to make detailed statement — act relating to oil wells. Laws of 1883, page 191. Sec. 288. Penalty against insurance corporations and others violating the provisions of Chapter VIII, Title III, Eevised Statutes. Secs. 1052 and 4215. Relating to dog tax. Sec. 1279. Relating to the disposition, by the prosecuting attorney, of the proceeds of the sale of timber that grew on State or school lands. Secs. 1280-81. Providing for the disposition of the proceeds of the sale of property, stolen, embezzled, or obtained under false pretenses. Sec. 1375. Penalty against township trustees and treasurers who refuse to serve. Sec. 3969. Penalty against members of a board of education who fail to perform certain duties. Sec. 4027. Penalty against parents and guardians for detaining chil- dren from school contrary to law. Sec. 4038. Penalty against the clerk of a local board for failing to take the school enumeration. Sec. 4045. Penalty against treasurers of school districts for failing to make their annual settlement. Sec. 4061. Penalty against county auditors and clerks of boards of educa- tion for failing to make certain reports. Sec. 4063. Penalty against county auditors. Secs. 4088-89. Penalty against institute committee for failing to make required report. Secs. 4217-18. Penalty against fishing unlawfully in Lake Erie. Sec. 4398 (amended) 4399. Relating to peddlers' license. Sec. 4487. Penalty against auditors, engineers, commissioners, and probate judges, who fail to perform certain duties relating to county ditches. Sec. 6396. Penalty against assessors, physicians, midivives, clergymen, sex- tons, and probate judges, who fail to furnish statistics of births and deaths. Sec. 19 of act relating to sinkholes and fissures. Laws 1883, page 211. Secs. 1050-51. Penalty against county auditors lor failing to report to State Auditor. Sec. 1524. Penalty against assessors for neglecting or refusing to make out and return statistics. Sec. 1525. Penalty against any person, company, or corporation, refusing to make out and deliver a statement of facts for taxation. Sec. 3225. Relating to the proceeds of the sale of unclaimed goods by express companies, common carriers, etc. * Penalties for the violation of the compulsory education act, passed April 15, 1889. SCHOOL OFFICERS GUIDE. 51 Provisions Applying to all Boards. Ch. 7. CHAPTER 7. PROVISIONS APPLYING TO ALL BOARDS. Section 3971 3972 3973. 3974. Powers of boards of education. What property the boards have title to. School property exempt from taxation. Conveyances and contracts. 3975. Boards may accept bequests. 3976. Process against boards and how served. 3977. Duties of prosecuting attorney and city solicitor. 3?78. Tic votes to be decided by lot. 3979. Oath of members and other offi- cers. Section 3'>0. Organ ization of board . Vacancies in board, and how filled. Quorum; yeas and nays to lie taken in certain cases. Absence of president or clerk. Record of proceedings, and attes- tation thereof. Boards to make rules ; illegal meetings. Boards may make and enforce rules for vaccination. 39S1. S98:>. 3983. 398 J. 3985. 398G. Section 3071. The boards of education of all school dis- Boards of edu tricts now organized and established, and of all school dis- ers^nVduTies tricts organized under the provisions of this title, shall be and they are hereby declared to be bodies politic and corpor- ate, and, as such, capable of suing and being sued, contracting and being contracted with, acquiring, holding, possessing, and disposing of property, both real and personal, and taking and holding in trust, for the use and benefit of such districts, any grant or devise of land, and any donation or bequest of money or other personal property, and of exercising such other powers, and having such other privileges as are con- Sec. 3971 (a). Corporations must take and grant by their corporate names. 2 Kent, II Ed., 351. {b). A board of education is not liable in its corporate capacity, for damages for an injury resulting to a pupil while attending a common school, from its negligence in the discharge of its official duty in the erec- tion and maintenance of a common school building under its charge, in the absence of a statute creating a liability. Finch v. Board of Education, 30 O. S., 37. (c). It is never desirable or proper, and it is questionable whether a board of education has the right, to build on property to which it has not acquired a clear title by lease, deed, or process of law. In the latter case either the time for appeal to a higher court should have elapsed, or the ap- peal, if made, should have been decided. (d). The power to contract, implies the power to settle with contractors and to do this in the interest of the district, so as to avoid the expense of litigation. Where a contracting party has rights wdiich he can enforce in equity, a board of education is, like other municipal corporations, author- Liability of boards for in- jury to persons. Building on land without clear title. Powers of boards to con- sider equities in contracts. 52 OHIO SCHOOL LAWS. Ch. 7. Provisions Applying to all Boards. How real es- tate may be sold or ex- changed. What property the boards have title to. Rights of action inure to boards in certain cases. Defacing school-house penalty for. ferred by this title; but when a board of education decides to dispose of any property, real or personal, held by it in its corporate capacity, exceeding in value three hundred dollars, it shall sell the same at public auction, after giving at least thirty days' notice thereof, by publication in some newspa- per of general circulation, or by posting notices in five of the most public places in the district to which such property belongs. Provided, that when such board ha3 twice offered a tract of real estate for sale at public auction, as hereinbe- fore provided, and the same is not sold, the board may sell said real estate at private sale, either as an entire tract, or in parcels thereof, as the board may deem best, and the presi- dent and secretary of the board shall execute and deliver the deed or deeds necessary to complete such sale or sales. Pro- vided, that upon a vote of the majority of the members of any board of education, and a concurring vote of the council of any municipal corporation, that an exchange of any real estate held by such board of education for school purposes, for real estate held by such municipal corporations for muni- cipal purposes, will be mutually beneficial to such school dis- trict, and to such municipal corporation, such exchange may be made by conveyances, to be executed by the mayor and clerk of the municipal corporation, and by the president and clerk of such board of education. [70 v. 195, § 37; 80 v. 36; 85 v. 133.J Sec. 3972. All property, real or personal, which has heretofore vested in and is now held by any board of educa- tion, or the council of any municipal corporation, for the use ized to recognize and provide for these as well as for strictly legal rights. See Brewster v. Syracuse, 19 N. Y., 116 ; Friend v. Gilbert, 108 Mass., 408. (e). As to what notices must contain, see notes to section 3991. (/). See opinion of Attorney General, under section 3977. Sec. 3972 (a). Under the act of May 1, 1873 [70 v. 195], the corporate boards of education therein provided for, succeed to all existing rights of action in relation to the common school property and funds which were theretofore vested, by previous legislation, in other agencies to whose control such property and funds had been confided. Croftont'. Board of Education, 26 O. S., 571. (6). Sec. 6877, B. S. Whoever maliciously injures or defaces any church edifice, school-house, dwelling-house, or other building, its fixtures, books, or appurtenances, or commits any nuisance therein, or purposely and maliciously commits any trespass upon the inclosed grounds attached SCHOOL OFFICERS GUIDE. 53 Provisions Applying to all Boards. Ch. 7. of public or common schools in any district, is hereby vested in the board of education provided for in this title, having under this title jurisdiction and control of the schools in such district [70 v. 195, § 39.] Sec. 3973. All property, real or personal, vested in any school prop- board of education, shall be exempt from tax, and from sale from taxation. thereto, or any fixtures placed thereon, or any inclosure or sidewalk about the same, shall be fined in any sum not more than one hundred dollars. [63 v. 175, g 1, S. & S., 280, g 51 ; 70 v. 216, g 73.1 (c). Sec. 6831, E. S., provides that " Whoever maliciously burns, or attempts to burn any * * * school-house * shall be im- prisoned in the penitentiary not more than twenty years." (d). Sec. 6835, E. S., provides that " Whoever, in the night season, ma- liciously and forcibly breaks and enters any * school-house * * with intent to commit a felony, or with intent to steal property of any value, shall be imprisoned in the penitentiary not more than ten years nor less than one year." (e). A similar penalty is imposed by section 6836, E. S., for entering a school-house in the day-time or night season, and attempting to commit a felony." (/ ). Sec. 6837, E. S., provides that " Whoever maliciously, in the day- time, breaks and enters any school-house * * * with intent to steal, shall be fined not more than three hundred dollars, and imprisoned not more than sixty days." (f the motion, the motion should be recorded. If the mover withdraws the motion, by consent of the board, by general consent it may also be omitted from the records. (6). The records of a special meeting should state by whom the meeting was called, and the objects mentioned in the notice, as the legality of the proceedings depends on the legality of the call and the conformity of the proceedings with the objects stated in the notice. (c). If a record is inadequately entered, parol evidence may, it seems, be admitted to show that action was taken which is not found on the records at all. The commissioner of schools of .Rhode Island, decided under in- struction of Judge Brayton, of the supreme court, that " imperfection in a clerk's record of a resolution does not render invalid a tax properly voted." Yet all these imperfections in the record lead to troublesome litigation, often to questions which only courts of law can decide, and in which their decision may be such as to defeat what was attempted to be done in the case. SCHOOL OFFICERS GUIDE. Provisions Applying to all Boards. Ch. Sec. 39SG. The board of each district may make and enforce such rules and regulations to secure the vaccination of, and to prevent the spread of small-pox among the pupils attending or eligible to attend the schools of the district, as Board of edu- cation t<> make aucl enforce rules for vac- cination. (d). School districts are required by law to keep an account of their proceedings by a sworn clerk, and such proceedings can be proved only by the record, or a copy thereof duly authenticated. 38 Maine, 164. (e). The power to amend the records exists with the clerk while he is in office, but not after his term expires, nor for any purpose other than to make them truthful and complete as to fact. 11 Mass., 477 ; 17 Maine, 444. (/). Records of quasi corporations are not considered of that absolute verity that parol testimony is inadmissible to show facts upon which the record is silent. 5 Ohio, 136. Sec. 39S5 (a). A court may review the action of a board and pass upon the reasonableness of any of its rules, but if they have erred, while dis- charging their duty in good faith, they are not liable to action therefor. 32 Vermont, 224. (6). The act of the board of education and the teachers, in matters of organizing, grading, and governing the school, will be conclusive, unless the power is abused or perverted under some apparently reasonable pre- tense. 23 Pick., 224 ; 2 Cushing, 1! 8. *(c). It is competent for boards of directors to provide rules that pupils may be suspended from the schools in case they shall be absent or tardy, except for sickness or other unavoidable cause, a certain number of times within a fixed period. 31 la., 562. *(d). "In the school-room the teacher has the exclusive control and supervision of his pupils, subject only to such regulations and directions as may be prescribed or given by the school board." Barden, School Law, p. 79. "The conduct of the pupils upon any part of the premises connected with the school-house or in the immediate vicinity of the same (the pupils being thus virtually under the care of the teacher), whether within the regular school hours or before or after them, is properly coguizable by the teacher. And any disturbance made by them within this range injuriously affecting in any way the interests of the school, may clearly be the subject of reproof and correction by the teacher." Idem. (e). Hathaway v. Bice, 19, Vt. 108. "The right of a school-master to correct his scholars has always been practically and judicially sanctioned, but the chastisement must not exceed the limits of moderate correction; and though courts are bound, with a view to the maintenance of necessary order and decorum in schools, to look with all reasonable indulgence upon the exercise of this right, yet, whenever the correction shall appear to have been clearly excessive and cruel, it must be adjudged illegal." Cooper v. McJunkin, 4 Ind. 290. " A teacher, in the exercise of the power of corporal punishment, must not make such power a pretext for cruelty and oppression ; but the cause must be sufficient, the instrument suitable, and the manner and extent of the correction, the part of the person to which it is applied, and the temper in which it is inflicted, should Power to amend records. The right to inflict cor- poral punish- ment. 6 4 OHIO SCHOOL LAWS. Ch. Provisions Applying to all Boards. If excessive. Responsible only for na- tural and or nary conse- quences. ii- be distinguished with the kindness, prudence, and propriety which become the station." " Reeves' Domestic Relations" page 534. " The school-master has a right to give moderate corporal correction to his pupils for disobedience to his lawful commands, negligence, or for insolent conduct. A school-master, in his own right, and not by delegation, possesses this power." State v. Pendergrass, 2 Devereavx & Battles, 365. "The law confides to school-masters and teachers a discretionary power in the infliction of corporal punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions." In passing this topic, the lnnguage of Judge Gaston seems peculiarly ap- propriate: "It is not easy to state with precision the power which the law grants to school-masters and teachers, with respect to the correction of their pupils. It is analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority. One of the most sacred duties of parents is to raise up and qualify their children for becoming useful and virtuous members of society; this duty cannot be effectually performed without the ability to command obedience, to control stubbornness, to quicken diligence, and to reform bad habits; and to enable him to exercise their salutary sway, he is armed with the power to administer moderate correction, when he shall believe it to be just and necessary." A school-master is not relieved from liability in damages for the punishment of a scholar which is clearly excessive and unnecessary, by the fact that he acted in good faith and without malice, honestly thinking that the punishment was necessary, both for the discipline of the school and the welfare of the scholar. If there is any reasonable doubt whether the punishment was excessive, the teacher should have the benefit of the doubt. Lander v. Seaver, 32 Vt. R. 123; Wharton's American Grim. Law, 1259, and 1 Sanders on PL and Ev., 144. Whether under the facts the punishment is excessive, must be left to the jury to decide. Commonwealth of Massachusetts v. Randall, 4 Gray, 88. In the case of Martin Quinn v. Mary D. Nolan, a suit tried in the Superior Court of Cincinnati, Judge Harmon, in charging the jury, used the following language: "If the jury should find the defendant did not, in view of all the cir- cumstances, inflict a greater degree of punishment upon the plaintiff's son than she was fairly entitled to do, and was proper, of course they must find for defendant. But, if they should find she did go beyond that, then it would be necessary to go further and Inquire into the damages that should be allowed. The law holds a person responsible only for the natural and ordinary consequences of his acts, those consequences which the law pre- sumes he might or should have foreseen at the time he committed the act. Therefore, it might make a difference in the amount of their finding if it should appear that the child was afflicted with or predisposed to certain diseases, and the defendant had no notice thereof from his parents, the boy himself, his appearance, or otherwise. If the defendant, from the knowledge she had of the boy and his appearance, would be justified in supposing him SCHOOL OFFICERS' GUIDE. 65 Provisions Applying to all Boards. Ch. in its opinion the safety and interest of the public require ; and the boards of health and councils of municipal corpora- to be like other boys of his age, and inflicted ouly a proper punishment, then she would not be liable at all, even though unfortunately some hidden defect in the boy's constitution should cause injury to his health to follow. Or, if they should find for the plaintiff, this fact of ignorance on her part would prevent her from being liable for any consequence arising from such weakness or predisposition in the boy, of which she was ignorant in fact* and of which his appearance furnished no warning. It is the duty of parents who send their children to school, whose health or disposition would render the punishment permitted by the rules of the school danger- ous or improper, to see the teacher is informed of the fact." The parent may be said to exercise a judicial authority in determining what punishment, by himself, is proper for his child, but is liable, criminally) press malice in a clear case of excess. Johnson v. State, 2 Tlumph., '-83. The teacher also t0 e cnmin6y acts judicially in such a case, and is not to be made liable, civilly or criminally, unless he acted with express malice, or was guilty of such excess that malice must be implied. State v. Pendergrass, 2 Dev. and Bat, 365. Cooper v. McJunkin, 4 Ind. R. 290. After citing all of these cases, except the first, Judge Cooley appends this note: "It may be proper to observe, however, that public sentiment does not now tolerate such corporal punishment of pupils in schools as was formerly thought permissible and even necessary." 1 Cooley 's Blackotone, 453. Justice Tillinghast, of the Supreme Court of Rhode Island, speaks of the authority of a teacher to take notice of a pupil's conduct when out of school, or after school is dismissed, as follows: " Upon this point there is some difference of opinion in the community, but the law seems to be well settled, and is this — that for such misbehavior out of school as has a direct and immediate tendency to injure the school, mjft^dout'of- to subvert the master's authority, and to beget disorder and insubordination, school, the teachtr may inflict corporal punishment. 'It is not misbehavior generally,' says Aldis, J., 'or towards other persons, or even towards the master in matters in no ways connected witn or affecting the school. For as to such matters, committed by the child after his return home from school, the parent* and they alone, have the power of punishment.' But where the offense has a direct and immediate tendency to injure the school and bring the teachers' authority into contempt, as in this case, when done in the presence of other scholars and of the teacher, and with a design to insult her, she has the right to punish the scholar for such acts, if he comes again to school. '" The misbehavior,' says the same Judge, ' must not have merely a re- mote and indirect tendency to injure the school. All improper conduct or language may, perhaps, have, by influence and example, a remote tendency of that kind. But the tendency of the acts so done out of the teacher's su- pervision, for which he may punish, must be direct and immediate in their bearing upon the welfare of the school, or the authority of the teacher and the respect due him.' 5 66 OHIO SCHOOL LAWS. Ch- ". Provisions Applying to all Boards. tions, and the trustees of townships shall, on application of the board of education of the district, provide at the public ex- penses, without delay, the means of vaccination to such pupils as are not provided therewith by their parents or guardians. [69 v. 22, § 1.] "Cases may readily be supposed which lie very near the line, and it- will often be difficult to distinguish between the acts which have such im- mediate, and those which have such a remote, tendency. Hence, each case must be determined by its peculiar circumstances. Acts to injure "Acts done to deface or injure the school-room, to destroy the books of «rtv 6faCe Pr ° P HCn °l ar s.. or the books or apparatus for instruction, or the instruments of punishment of the master ; language used to other scholars to stir up disor- der and insubordination, or to heap odium and disgrace upon the master ; writings and pictures placed so as to suggest evil and corrupt language, images and thoughts to the youth who must frequent the school ; all such or similar acts tend directly to impair the usefulness of the school, the wel- fare of the scholars, and the authority of the master. By common con- sent, and by the universal custom in our New England schools, the master Jias always been deemed to have the right to punish such offenses. " Such power is essential to the preservation of order, decency, decorum, and good government in schools." If the effects of acts done out of school-houses reach within the school- room during school hours, and are detrimental to good order and the best interests, of the pupils, it is evident that such acts may be forbidden. Bur- dick & Chandler v. Babcock et al., 31 Iowa, 562. Though a school-master has, in general, no right to punish a pupil for misconduct committed after the dismissal of school for the day and the return of the pupil to his home, yet he may, on the pupil's return to school, punish him for any misbehavior, though committed out of school, which has a direct or immediate tendency to injure the school and to subvert the master's authority. 32 Vermont, 114. * In general, the courts of the Eastern States — notably, the Supreme Court of Vermont — in their decisions sustain the authority of the teacher and the doctrine that he stands in loco parentis much more fully than do the AVestern courts. SCHOOL OFFICERS GUIDE. 67 School-houses and Libraries. CHAPTER 8. SCHOOL-HOUSES AND LIBRARIES. Ch. 8. ■Section 3987. 3988. 3989. 3990. 3991. 3993. 3994. 3995. Boards to provide school-houses. Directions for bidding and for let- ting contracts. Erection of school-houses in joint sub-districts. When board may appropriate property. When and how question of tax levy submitted to voters. If levy approved, board to certify it to auditor. How the levy may be anticipated. Issue of bonds by boards of city districts of first class. Certain boards may appropriate money for library, etc. Lew for librarv in cities. Section 3997. How library tax to be expended. 3998. Board may appoint librarian, etc. 3999. In certain cities may appoint man- agers of library. 4000. Board of Cleveland to appoint li- brary committee. •10.1. Powers and duties of such com- mittee. 4002. How library tax to be expended. 4003. Consolidation of libraries in Ports- mouth authorized. 4004. Board of Portsmouth to appoint library committee. 4005. Powers* and duties of such com- mittees. 400(1. How such library maintained and managed. SCHOOL-HOUSES. Section 3987. The board of education of any district is empowered to build, enlarge, repair, and furnish the neces- sary school-houses, purchase or lease sites therefor, or rights of way thereto, or rent suitable school rooms, and make all other necessary provisions for the schools under its control. Directors of sub districts shall, under such rules and regula- tions as the township board of education may prescribe, pro- vide fuel for schools, build, enlarge, repair, and furnish school- houses, purchase or lease sites therefor, rent school-houses, build and keep in good repair all fences enclosing such school- houses, plant shade and ornamental trees on the school grounds, and make all other provisions necessary for the convenience and prosperity of the schools within their sub-districts, and the township board shall be held responsible, in its corporate capacity, for all contracts made by such directors, when they are made in accordance with the rules and regulations of the township board, or any resolution thereof. [70 v. 195, § 55; 82 v. 286 ; 83 v. 84.] Section 3987 (a). The law requires, under severe penalties to be vis- ited on those who have control thereof, that "all school-houses are to have ample means of convenient egress, and doors opening outward." For re- quirements as to certificates regarding the safety of such buildings, and the penalties i elating to neglect, see Revised Statutes, sections 2568, 2572, and 7010 (amended 1883). (6). As to any building otherwise " in a condition dangerous to life or health," see Revised Statutes, sections 2128 and 2466. School-houses Safety of build- ings—of egress. 68 OHIO SCHOOL LAWS. Ch. 8. School-Houses and Libraries. [Section 1. Be it enacted by the General Assembly of the State of Ohio, That when, in the judgment of any board of edu- cation, it will be for the advantage of the children residing in any school district to hofd literary societies, school exhibi- tions, singing schools, or religious meetings, the board of edu- cation shall, upon the application of the sub-district directors, authorize the opening of such school-houses for the purposes aforesaid. Sec 2. This act shall take effect on its passage. Passed January 31, 1889.] Statute refer- ring to care of buildings. Use of school- houses for other purposes. Local directors are to follow direetione of township board. Local board building com- mittee. (c). Concerning the full power of boards of education, teachers, or other citizens, to secure protection against the injury or defacement of "school-houses, school-yards, trees, fences, gates and bars," see Eevised Statutes, section 6863, also sections 6877 and 6896, as quoted under section 3972. Any citizen may prosecute the transgressor in these cases. School- houses, school furniture, and other school property belonging to the town- ship, and not to the sub-district, are entirely under the legal control of the township board. (d). Directors have also a supervisory care of the school-house and other school property in their sub-district, but their authority is subordinate to that of the township board, and must always be exercised in obedience to their directions. (e). It is the duty of the township board of education to exercise such supervision over the school-houses in the several sub-districts, as may be necessary to prevent their being used in such a manner and for such pur- poses as may interfere with their use, for the legitimate and special purposes for which they were erected. (/). A lease of a public school-house for the purpose of having a pri- vate or select school taught therein for a term of weeks is in violation of the trust ; and such use of the school-house may be restrained at the suit of a resident taxpayer of the district. 3o O. S., 143. (g). Where a township board has resolved to sell the old site of a sub- district school-house, and has purchased a new site, and, notifying the local directors of the sub-district of their action in the premises, instructed them to sell the former, and to build a new school-house on the latter, and the local directors, disregarding such instructions, proceed to build a new school- house on the old site, and keep up a school therein — Held : That the local directors are guilty of such insubordination and neglect as to justify the township board in exercising the powers and duties which would otherwise devolve on the local directors, and in building a school-house on the new site, and in employing a teacher therein ; and such teacher is entitled to be paid his wages out of the township treasury, on the order of the township board. State v. Lynch, 8 O. S., 348. (h). Building Committees. — In township districts, directors are the legal building committees, but they can take the necessary steps for building or repairing only under the instruction and by the authority of the board of education. SCHOOL OFFICERS' GUIDE. 69 School-houses and Libraries. Cn - 8 - Sec. 3088. When a board of education determines to Directions^ build, repair, enlarge, or furnish a school-house or school- £2£ a *T' houses, or make any improvement or repair provided for in this chapter, the cost of which will exceed, in city districts of the first and second class, fifteen hundred dollars, and in other districts five hundred dollars, except in cases of urgent necessity, or for the security and protection of school prop- erty, it shall proceed as follows : 1. The board shall advertise for bids, for the period of four weeks, in some newspaper of general circulation in the district, and two such newspapers, if there are so many ; and if no newspaper has a general circulation therein, then by posting such advertisements in three public places therein, which advertisements shall be entered in full by the clerk, on the record of the proceedings of the board. 2. The bids, duly sealed up, shall be filed with the clerk by twelve o'clock, noon, of the last day stated in the adver- tisement. (t). Under the act of March 14, 1853 (51 v. 429), a township board of education has the power to designate the particular place where school- houses in sub-districts shall be built ; and the powers which, in this respect, the statute confers on the local directors of a sub-district, are to be exercised in subordination to the paramount authority of the township board of edu- cation. Hughes v. Board of Education, 13 O. S., 336. (j). If a board refuses to appropriate sufficient funds to build a good school-house, the directors may appeal to the county commissioners. (k) Directors cannot receive any portion of the school funds for dis- bursement, but, on the contrary, they are required to report all contracts for fuel, etc. o the township board for payment; and unless the township clerk is authorized by a resolution of the board to draw the requisite orders for amounts certified' by directors to be due, in any given case, on contracts legally made by them, such contracts can only be paid after they have been duly reported to the board and approyed. See section 4047. (I) But as such resolution provides for the payment of money through the agency of such local directors, the records must show that it was passed by the required " majority of all the members legally comprising the board." Section 3982. * Section 3988 (a). Clause 4, of Revised Statutes, which provides that a board of education engaged in the erection of a school building, " may, in its discretion, reject all the bids," does not authorize the acceptance of any " but the lowest responsible bid." &2 O. S., 374. * (6). " By the proviso to the 55th section of the school law [sec. 3988, R. S.], township boards of education are required, when the cost of build- ing a school-house or other improvement exceeds five hundred dollars, t« ;o OHIO SCHOOL LAWS. Ch. 8. School- houses and Libraries. 3. The bids shall be opened at the next meeting of the board, be publicly read by the clerk, and entered in full on the records of the board. 4. Each bid shall contain the name of every person in- terested in the same, and shall be accompanied by a sufficient guarantee of some disinterested person, that if the bid be ac- cepted, a contract will be entered into, and the performance of it properly secured. 5. When both labor and materials are embraced in the work bid for, each must be separately stated in the bid, with the price thereof. 6. None but the lowest responsible bid shall be accepted ; but the board may, in its discretion, reject all the bids, or ac- cept any bid for both labor and material which is the lowest in the aggregate for such improvement or repair. Contract to be let on bids. When other- wise. Local boards not authorized to advertise and open bids. House to cost 810,000. Whenmemb'rs of the board in- dividually liable. When contrac- tors act at their •wn peril. advertise, and let the same to the lowest responsible bidder, unless in case of urgent necessity, or for the security and protection of school property. This is a duty imposed on the board in its corporate capacity, and cannot be delegated to the local directors of the sub-district in which the school- house or other improvement is to be made." 38 O. S., 383. (c). Boards of education, and not local directors, are to receive bids. In a suit upon a contract under this statute, where the cost of the building exceeds $500, it must appear from the records of the board that the contract was let after and upon such bids, or that it was a case of urgent necessity for the security of school property. The record and proceedings of local directors, showing that they duly complied with the requirements of the law to advertise, are incompetent evidence, since local directors are not authorized to advertise, open bids, and award the contract. If such incompetent evidence in favor of the pre- vailing party is allowed to go to the jury against the objection of the other party, error to his prejudice will be presumed, without showing that the jury was influenced by it. Error from District Court, Guernsey county, to Supreme Court, October 26, 1882. (d). When the school-house is to cost $10,000 or over, see section 794, Revised Statutes. (e). Individual members of a board and local directors as mere agents of the board, must see that their acts bind the board ; for if they do not secure their principal a right of action or defense, they will themselves be personally liable. Ives v. Hulet, 12 Vt., 314 ; 58 Mo., 245. This principle also applies to the acts of boards of education who, in their corporate ca- pacity, seek to bind the district for which they act, as also their successors. (/). But those who deal with officers of a corporation must ascertain, at their peril, what they will be conclusively presumed to know, that these public agents are "strictly within the sphere limited and prescribed by law, SCHOOL OFFICERS GUIDE. 7* School-houses and Libraries. Ch. 7. Any part of a bid which is lower than the same part of any other bid, shall be accepted, whether the residue of the bid is higher or not; and if it is higher, such residue shall be rejected. 8. The contract shall be between the board of education and the bidders; and the board shall pay the contract price for the work, when it is completed, in cash, and may pay monthly estimates as the work progresses. 9. When two or more bids are equal, in the whole, or in any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided between the makers thereof. 10. When there is reason to believe that there is any collusion or combination among the bid ers, or any number of them, the bids of those concerned therein shall be rejected. [70 v. 195, § 55.] and outside of which they are powerless to act. 60 Mo., 53; Whiteside v.. IT. S., 93 U. S. Kep., 247 ; 9th Ed. Story on Agency, sec. 307. Still, it is well settled that where persons deal with an officer of a cor- poration, who assumes authority to act iu the premises, and no want of au- thority or irregularity is brought to the knowledge of the party so dealing with the corporation, and there is nothing to excite suspicion of such defect,, the corporation is bouud, although the agent exceeded his powers. 57 Mo.,. 207 ; 93 U. S. Rep., 247. (- committees dred and three of the Revised Statutes of Ohio, and the territory thereto attached for school purposes, such library committee in Portsmouth. 8o OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance enforced. in such cases is authorized to annually levy a tax of two- tenths of one mill on the dollar valuation of the taxable prop- erty ot such cities aforesaid, and the territory thereto attached for school purposes, to be assessed, collected, and paid in the same manner as are the school taxes of such cities; and all money appropriated or collected by tax for such library shall be expended under the direction of said library committee in the purchase of such books, pamphlets, papers, magazines, periodicals, and journals, as may be deemed suitable for the public school library, and in payment of all other costs and charges, including the salaries of the librarian and assistants, that may be incurred in maintaining such libraries, the bills and pay-rolls for which said expenditures, shall, upon the order of the library committee, be certified by the chairman and secretary of such committee, and paid by the treasurer of the board of education of said city from such library fund. [55 v. 541, §2; 76 v. 97, § 4 ; 78 v. 176] CHAPTER 9. SCHOOLS, AND ATTENDANCE ENFORCED. Section 4007. Sufficient schools must be provi- ded. Schools for colored children. Schools of higher grade than pri- mary. 4010. Schools at "children's homes" and county infirmaries. Youth may be s nt to charity school at Zanesville. Evening schools. Who may be admitted to public schools.' Suspension and expulsion of pu- pils. 4015. Teachers may dismiss schools on holidays. 4016. School year, month, and week. 4017. Board to control schools, and ap- point officers. 4008. 4009. 4011. 4012. 4013. 4014. Section 4018. Directors to employ, pay, and dis- miss teachers. 4019. Teacher dismissed for insufficient cause may institute suit. 4020. Board to determine studies and text-books. '4021. When German language to be taught, etc. 4022. Pupils may be sent from one dis- trict to another. 4025. Boards to ascertain condition children not at school. 4026. When board may supply pupil with books. 4027. Penalties against violation 'of pre- ceding provision. 4029. What is equivalent to attendance on day school. Sufficient schools must be provided. SCHOOLS. Section 4007. Each board of education shall establish'a sufficient number of schools to provide for the free education of the youth of school age within the district under its control, Section 4007 (a). In determining the question as to how many schools are'necessary in the districts, either of townships, villages, or cities, three Boards of edu- cation may establish SCHOOL OFFICERS' GUIDE. 8 1 Schools, and Attendance Enforced. Ch. 9. at such places as will be mo3t convenient for the attendance of the largest number of such youth, and shall continue each and every day school so established not less than twenty-four nor more than forty-four weeks in each school year ; and each township board of education shall establish at least one pri- mary school in each sub-district under its control. [75 v. 513, §50.1 [Section 4008, which authorized boards of education to provide separate schools for colored children, was repealed February 22, 1887. See rotes.] Sec. 400 K Any board of education may establish one or more schools of higher grade than the primary schools, when- ever it deems the establishment of such school or schools highergride proper or necessary for the convenience or progress of the tban primftry pupils attending the same, or for the conduct and welfare of the educational interests of the district; and such school or schools when so established, shall not be discontinued under three years from the time of the establishment thereof, except by a vote of three-fourths of the members of the board of edu- cation of each township. [75 v. 513, § 50; 79 v. 37.] things should be carefully considered : 1. Convenience of access. 2. Econ- omy in expenditures. 3. A proper grading and classification of the pupils, in cases where grading is possible. Under the first item, a due regard should be had to the arrangement of Schools should' ,, , .. T ^ , . , . , be eonvenien the population. In some cases the geographical center of the district is ly located. not the center of population, nor will it always do utterly to disregard the rights of minorities, and place the SGhool in the exact center of population, when this will force a respectable number of children to travel excessive distances. There is no reason why two or more school-houses or two or more m Two or more school-rooms may not be provided in a sub-district. school rooms • mi in a surj -dis- (6) I he law is absolute in its requirements to continue all schools to trict - which public money is applied at least twenty-four weeks. The law does Schools must not limit boards of education to this period, however, and if the time is twent^fi lengthened as to the schools for any portion of the inhabitants of a town- weekB. ship district, it must be equally lengthened for all such inhabitants. This does not imply that all the grades of a system of schools accessible to all the pupils of a district must be kept up as long as the other grades. But if the high or grammar schools for one part of the district be kept up for a given time, such grades for other parts of the district must be continued as long. See section 3967. That this same rule is to govern in the case of different parts of a city district, see fourth item enumerated under section 3969. 6 32 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. Sec. 4009a. For the purpose of providing such schools of higher grade, any township district, village and special district, situate within the boundaries of such township may be united together and organized as a special district for high school purposes, by a vote of the electors of such township at any general election as herein provided. Sec. 40096. Any ten or more of the qualified electors of Vote on union of districts for any township having a village district, or special district high school ^ r o o ix- purposes; ap- within its limits, may give ten days' notice before any gen- pomtment of ' J ° J J a Nation for- edu " era ^ e l ec ti° n that a separate vote will be taken at the next .nigh school. general election in said township, in each of the districts pro- posed to be so united, on the proposition to unite such village, township district, or special district, or any two of said dis- tricts, for high school purposes. Such notice shall be suf- ficient, if given by publication in a newspaper published and of general circulation in said township, and by being con- spicuously posted in at least three public places in each of the districts interested. At such next general election held after publication of such notice, all electors voting in favor of such'union shall have written or printed on their ballots, "Special District for High School Purposes — Yes;" and all electors voting against such union shall have written or printed 'on their ballots, " Special District for High School Purposes— No." If a majority of the ballots cast on the propo- sition in each of said districts have on them the words, " Special District for High School Purposes — Yes," such vil- * 4008 (a). The power to establish and maintain separate schools for colored children was conferred on boards of education by section 4008 and not by section 4013 of the Kevised Statutes. Whilst under the latter sec- tion power is conferred on boards of education to make such assignments of the youth of their respective districts, to the schools established by them, 'as will, in their opinion, best promote the interest of education in their districts, such power cannot be exercised with reference to the race or color of the youth ; and section 4008 having been repealed by the act of tbe Gen- eral Assembly passed February 22, 1887 (84 Ohio L., 34), separate schools for^colored children have been abolished, and no regulation can be made under section 4013, that does not apply to all children, irrespective of race or color. 45 O. S., 556. "*"(&). The fact that prior to the repeal of section 4008, a board of edu- cation!; had, under its provisions, established a separate school for colored children, does not authorize it to continue the same after such repeal, and to require the colored children, against their will, to attend the same. 2 O. Circuit Court Kep., 557. SCHOOL OFFICERS' GUIDE. 83 Schools and Attendance Enforced. Ch. 9. lage, township and special districts, or any two of said dis- tricts, shall thereafter be united as a special district for high school purposes ; and the judges of such election shall certify- to the court of common pleas of the county in which such township is situate, the result of such election, which certifi- cate shall be placed upon the journal of said court; where- upon said court shall appoint three judicious persons, one for one year, one for two years, and one for three years, residents of said township, as the board of education of such special district for high school purposes, one member of such board of education to be elected every year |~t] hereafter, to hold said office ifor three years, or until his successor is elected. Such board of education, when so appointed, shall have all the powers now conferred by law upon other boards of educa- tion. [82 v. 128.] Sec. 4010. The board of any district in which a chil- schools at dren's home or orphans' asylum is or may be established by homes! or- law, or in which a county infirmary is or may be established, FumslmTin- ii-ii ii.ni n * firmaries;how shall, when requested by the board of trustees of such chil- sustained. * Sec. 4009 (a). One of the most encouraging features of the develop- ment of our public school system, is the rapid growth of the higher educa- tion, particularly in the township districts. The establishment of town- ship high schools is going forward in increasing numbers with each succeeding year. The people seem to be growing into the conviction that the higher education is a necessity in a republic, and that the cheapest and best place for their children to obtain this education is at home, under their own eye. (b). This authority applies to all boards of education, including town- To whom ap- ship boards. If such higher grade of school is in a sub-district and exclu- P lica £ lc and r .... by whom con- sively for'the use ot such sub-district, it is, like primary schools so situated, trolled. under the provisions of section 4018. If it is designed for the attendance of children from all of the sub-districts, under a general rule that all of a certain grade of scholarship may attend it, without special assignment of individual pupils thereto, it is practically a township high school, and under the management of the township board of education, though it is, of necessity, located within the territory of some sub-dictrict. This is evident from the fact that the full control of the public schools of each district is, under section 4017, in the hands of the board of education of such district, except only as provided in section 4018. (c). An order for the payment of a teacher of a township high school should be signed by the president and countersigned by the clerk of the teacher fl on- board of education. See section 4047. signed. * (d). Of course the superintendent of the schools of a township, is en- titled, under the direction of the township board, to exercise the same au- thority that is exercised by a superintendent of city schools. 84 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance > nforced. dren's home, orphans' asylum or the directors of such infirm- ary, establish in such home, asylum or infirmary a separate school, so as to afford to the children therein, as far as practi- cable, the advantages and privileges of a common school edu- cation ; such schools at infirmaries shall be continued in operation each year until the full share of all the school funds of the district belonging to such children, on the basis of enumeration, is expended, and at such homes and asylums not less than forty-four weeks, if the distributive share of school funds to which such school at any such home or asy- lum is entitled by the enumeration of children in the insti- To be under tution is not sufficient to continue the schools the length of trustees ^ in- time hereby required, the deficiency shall be paid out of the funds of the institution; all schools eo established in any such home, asylum or infirmary, shall be under the control and management of the respective boards of trustees or di- rectors of such institution, which boards of trustees or direc- tors shall, in the control and management of such schools, as far as practicable, be subject to the same laws that boar is of education and other school officers are, who have charge of the common schools of such district ; in the establishment of such schools the commissioners of the county in which such children's home, orphans' asylum or county infirmary is es- tablished, snail provide the necessary school-room or rooms, furniture, fuel, apparatus and books, the cost of which furni- ture, fuel, apparatus and books for the schools of such homes, infirmaries and asylums, shall be paid out of the funds pro- vided for such institutions; and the board of education shall incur no expense in supporting such schools. [75 v. 513, § 50; 76 v. 75, § 1 ; 80 v. 217.J Youth maybe Sec. 4011. The board of education of the city of Zanes- schoo? £x &ntJ ville may contract with the trustees having the management of any fund which has been provided by gift, devise, or be- quest for the establishment or support of a school or schools for poor children therein, for the admission to any such school of children resident in the city, and pay to such trustees, out of the school funds under its control, such tuition fee as may be agreed upon for each scholar so admitted, but not entitled to admission according to the terms of such gift, devi e, or bequest, and also provide for such right of visitation or con- trol of such' school or schools by the board as may be agreed Zanesville. Public schools. Who may be admitted to. SCHOOL OFFICERS' GUIDE. 85 Schools, and Attendance Enforced. Ch. 9. upon; such school or schools shall be kept, at the least, equal in grade and efficiency to the corresponding public schools of the state, and every such contract shall expire in three years from the time of its execution, unless renewed or extended by agreement; but this section shall in no manner apply to any school or schools supported or controlled by any church, congregation, sect, or religious denomination or association of any kind. [75 v. 530, § 1.] Sec. 4012. In any district composed, in whole or in Evening part, of a city or village, the board may, at its discretion, provide a suitable number of evening schools for the instruc- tion of such youth as are prevented by their daily vocation from attending day schools, subject to such regulations as the board may, from time to time, adopt for the government thereof. \12 v. 29, § 51.] Sec.^4013. The schools of each district shall be free to all youth between six (6) and twenty-one (21) years of age, who are children, wards, or apprentices of actual residents of the district, including children of proper age, who are or may be inmates of a county or district children's home located in any such school district, at the discretion of the board of educa- tion of the township in which said school district is located. Each board of education may admit other persons of like age upon such terms or upon payment of such tuition as it may prescribe ; provided, that in all counties which do not con- tain a city of the first grade of the first class, in such case there shall be credited on the tuition so charged the amount of school tax in such dictrict for the current school year, which may be paid by such non-resident pupil or a parent thereof; and the several boards shall make such assignment of the youth of their respective districts to the schools estab- lished by them, as will, in their opinion, best promote the in- terests of education in their districts. [70 v. 195, § "1; 77 v. 196; 84 v. 69.] Sec. 4013 (a). Children cannot, as a matter of right, attend the schools of sub-districts in which they do not reside, and to which they have not tend 1 in their been assigned by the board of education. The local directors are given no jurisdiction in such matters. * (6). By comparing this section with section 4030, it will be seen they do not correspond in one particular. The latter says, there shall be * an enumeration of all unmarried youth," while in this section there is no own sub-dis- trict. 86 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. Suspension and expulsion of pupils. Dismissal of schools on holidays. School year, month, and week. Sec. 4014. No pupil shall be suspended from school by a superintendent or teacher except for such time as may be necessary to convene the board of education of the district or the directors of the sub-district, and no pupil shall be expelled except by a vote of two-thirds of such board or directors, and not until the parent or guardian of the offending pupil has been notified of the proposed expulsion, and permitted to be heard against the same ; and no scholar shall be suspended or expelled from any school beyond the current term theieof. [70 v. 195, § 71.] Sec. 4015. Teachers employed in the common schools may dismiss their schools, without forfeiture of pay, on the first day of January, the twenty-second day of February, the- thirtieth day of May, the fourth day of July, the twenty-fifth day of December, and on any day set apart by proclamation of the president of the United States, or the governor of this state, as a day of fast or thanksgiving. [70 v. 195, § 116; 79 v. 87 ; 83 v. 73.] Sec. 4016. The school year shall begin on the first day of September of each year, and close on the thirty-first day Electors vote where. Detention of pupils at home by parent. Right to at- tend not ab- solute. limitation to free admission into school, except as to age. It was doubtless- intended by the General Assembly that the two sections should agree on this point. That they do not is owing, it may be presumed, to an inadvert- ance. Under this section persons under twenty-one years of age, though mar- ried, are entitled to all the privileges of the schools of the district in which they reside, notwithstanding they have not been enumerated in the school census, and in consequence can draw no part of the state school fund. (c). Under the general law, sections 3898, 3916, etc., boards of educa- tion are elected by the qualified electors of their district. This section does not change this provision. Hence, though they may send their children to the school, they cannot vote in any district except where their home is situ- ated. Sec. 4014 (a). The father of a child entitled to the benefits of the pub- lic school of the sub-district of his residence, may maintain an action against the teacher of the school and the directors of the sub-district, for damages for wrongfully expelling the child from school. Eoe v. Deming et ah, 21 O. B., 666. , . (6). The parent has no right to interfere with the order or progress of the school by detaining his child at home, or by sending him at times that prove an annoyance or hindrance to others. 31 Iowa, 568. The right to attend school is not absolute, but conditional on compli- ance with the rules. 48 Vt., 473. SCHOOL OFFICERS GUIDE. 87 Schools, and Attendance Enforced. Ch. 9. of August of the succeeding year; and a school week shall consist of five days, and a school month of four school weeks. [70 v. 215, §70; 72 v. 181, § 6.] Sec. 4017. The board of education of each district shall Board to con- have the management and control of the public schools of the troi schools ° - 1 and appoint district, with full power, subject to the provisions of the next officers. section, to appoint a superintendent and assistant superin- tendents of the schools, a superintendent of buildings, and teachers, janitors, and other employes, and fix their salaries or pay, which salaries or p^y shall not be either increased or * 4015 (a). Hiring teachers by the day does not affect their rights under this section. (b). It is held in Michigan that "school management should always conform to those decent usages which recognize the propriety of omitting to hold exercises on recognized holidays. All contracts for teaching during periods mentioned must be construed of necessity as subject to such days and there can be no penalty laid upon such observances, in the way of for- feitures or deductions of wages." 39 Mich., 484. Sec. 4016. Teachers have no right, without express authority of the board of education, to make up lost time by teaching on Saturday or on a holiday. The custom is so well established of keeping the schools in session the five working days of each week exclusive of Saturday, and of dismiss- ing on the holidays named, that to change this custom would manifestly re- quire action by the board. As the law does not prescribe the days of the week to be taught, the board may, under section 3985, authorize the inter- mission of school on Monday or any other day most convenient to the in- habitants. In a few districts in Ohio, there is no session on Monday. Sec. 4017 (a). Boards of education are authorized to adopt and enforce necessary rules and regulations for the government of schools under their management and control. Sewell v. Board of Education, 29 O. S., 89. * (b). The assent of both parties must be given to a contract to make it binding. A resolution passed by a board of education, engaging the ser- vices of a person in any capacity, may be withdrawn at any time before the person accepts. 40 Mich., 84. (c). Even if time be given for the answer, and no consideration for this delay be paid, the proposal may be withdrawn at any time before ac- ceptance. A letter mailed or a telegram sent determines the time accept- ance is completed and the contract sealed. Pollock on Contracts, p. 8. (d). If a teacher is employed for a definite time, and, during the period of his employment, the district officers close the schools on account of the prevalence of contagious diseases, and keep them closed for a time, and the teacher continues ready to perform his contract, he is entitled to full wages during such period. The act of God is not an excuse for non- performance of a contract unless it renders performance impossible ; if it merely makes it difficult and inexpedient, it is not sufficient. Although Making up lost time on Saturdays and holidays. Board to en- force neces- sary rules. Proposition to teacher may be with- drawn. Schools close on account o- contagious disease.- OHIO SCHOOL LAWS. Ch. 9. Schools, and Atteudance Enforced. "Directors to ^employ, pay, and dismiss eachers. diminished during the term for which the" appointment is made ; but no person shall be appointed for a longer time than that for which a member of the board is elected ; and such board may dismiss any appointee for inefficiency, neg- lect of duty, immorality, or improper conduct. [70 v. 195, §53.] Sec. 4018. In township districts the directors shall em- ploy and for sufficient cause dismiss, the teachers of the schools in their respective sub districts, and shall fix their salaries or pay, which salaries or pay may be increased but not diminished in amount by the township board, and shall not exceed in the aggregate, in any year, for any sub-district, the amount ot money to which the sub-district is entitled for the purpose of tuition for such year ; if the directors of Violation of ontract. under such circumstances it is eminently prudent to dismiss school, yet this affords no reason why the misfortune of the district should be visited upon the teacher. Dewey v. Union School District of Alpena, 43 Mich., 480. (e). A person who engages to teach for a definite term, and leaves the school without just cause, cannot sustain an action for services already ren- dered. 29 Vt., 219. *(/). It has been held in New York that absence of a teacher for a single day without consent of the trustees annuls the contract. New York Code of Instruction, pp. 705, 723, 731 , But a teacher abandoning his school because not sustained by the trustees in the enforcement of reasonable rules is entitled to wages for the time taught. 7 Vermont, 452 ; 55 Mo., 149. * (g). The discharge ol a janitor's duties is no part of a teacher's work; and, in absence of a contract to perform such duties, he is under no legal obligation to do so, no difference what may have been the custom in tke district, nor how long acquiesced in. The teacher cannot cmnpel pupils to do any janitorial work, such as building fires or sweeping school-houses. 97 111., 375. * (h). Many city boards of education have as one of their standing rules that all their employes shall hold their positions at the discretion of the board. This condition in a contract with employes hired for a specified time is null and void. The statute names the causes for which an ap- pointee may be dismissed, and that appointee can be dismissed for no other. A rule of a board of education cannot override a state law. * 4018. (a). No teacher can be employed except at a meeting of the board of directors, and by a majority of the board. If the meeting is a special one, each member must have been notified of the time and place of holding it. If a teacher goes from member to member of the board, and gets their individual assent to his employment, on certain terms, in their dis- trict, this will not constitute a legal contract. SCHOOL OFFICERS GUIDE. 8 9 Schools, and Attendance Enforced. Ch. 9. any sub-district fail to employ a teacher for their school, the township board shall employ such teacher, and fix the salary to be paid ; and the directors, at the end of any month, or at the end of the term, shall give to the teachers employed by them certificates of such employment, and of services rendered, addressed to the township clerk, who, upon presentation (6). The dismissal is business and must be transacted at a meeting, as set forth in section 3918, and the reasons therefor must be spread upon the minutes. There must be a "sufficient cause." (c). Under the act of May 1, 1873, (70 v. 195), the local directors of township sub-districts have no power to delegate the employment of teachers to any other person, nor to provide for their payment except as provided in section 53 of that act; and a contract with a teacher that he shall employ an assistant if one be necessary, is illegal and void (State v. Williams, 29 O. S., 161); buf where the local directors employed a teacher, and fixed his salary at $125 per month in case he alone should be able to teach the school to their satisfaction, otherwise the teacher to employ and pay an as- sistant, and such teacher performed the service under his employment, without the aid of an assistant, to the satisfaction of the directors, who cer- tified to the township clerk the amount due to the teacher under the con- tract. Held: That the township clerk cannot justify his refusal to draw an order on the township treasurer for the amount certified, on the ground that the contract under which the service was performed was against public policy and void. State v. Williams, lb. (d). A township board, supposing that local directors were neglect- ing their duties under the provisions of the act of March 14, 1853 ( 51 v. 429 ), employed a teacher for a sub-district, who, without being notified by the local directors to desist, taught the school for three month, and received an order on the township treasurer for his wages. Held: That the treasurer could not rightfully withhold payment of the order upon the ground that the directors had not been neglectful of their duties, and that the exercise thereof by the board of education was unwarranted by the facts in the case. Case v. Wresler, 4 O. S., 561. (e). Under the act of March 14, 1853 ( 51 v. 429 ), the authority and duty conferred by the statute upon the local directors, to employ teachers and certify the amount due them for services, cannot be controlled or inter- fered with by any order, resolution, or rule of the township board, fixing a maximum compensation not to be exceeded by the local directors in employ- ing teachers in any sub-district. 11 O. S., 326. Where a township board entered an order that teachers should not be employed at a greater compensation than twenty dollars per month aud the local directors employed a teacher at thirty dollars per month, and certi- fied the amount due him for his services at that rate, to the township clerk, it became the duty of the township clerk to draw an order in conformity with such certificate of the local directors. lb. (/). The directors may dismiss a teacher for sufficient cause, as incompetency, negligence, immorality. In case the teacher brings suit, as Dismissal is business. Power to em- ploy teachers cannot be delegated. Local board neglecting; duty, towm- ship board may act. Wages of teachers fixed bv local board. Dismissal of teacher. 90 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. Teachers dis- missed for in- sufficient eause may in- stitute suit. Wages. Payment. Responsible for care of property. Decision against sub- district. Certificate prima facie evidence of eompetency. thereof, and compliance by such teachers with the provisions of section forty-hundred and fifty-one, shall draw orders on the township treasurer for the amounts certified to be due, in favor of the parties entitled thereto, and the treasurer shall pay the same. [70 v. 195, § 53.] Sec. 4019. Ifthe directors of any sub-district dismiss any teacher for any frivolous or insufficient reason, such teacher may bring suit against such sub-district, and if, on the trial of the cause, a judgment be obtained against the sub-district, the directors thereof shall certify to the clerk of the board the sum so he may, his certificate is only prima facie evidence of competency and char- acter, and may be overbalanced by proof. (g). If the sub-district's share of the state fund, increased by the amount apportioned for tuition by the township board, is not sufficient to continue the school at least six months, the directors should appeal to the county commissioners. (h). Upon making out a monthly report and presenting it to the clerk along with a certificate of service from the directors, and his certificate from the county examiners, or a copy thereof, a teacher may draw his salary monthly. See section 4051.] (i). The teacher may be held responsible to the board or directors for the efficient discharge of every duty properly attaching to the office of teacher, including the oversight and preservation of school buildings, grounds, furniture, apparatus, and other school property, as well as the more important work of instruction and government. Such labor, however, as sawing wood, making fires, and sweeping the floors in the school-house, is no appropriate part of a teacher's duty ; and its performance by the teacher cannot be legally enforced by the board or directors, unless the teacher has voluntarily stipulated to do it. The cost of the work is prop- erly chargeable to the " contingent fund," and in all well-regulated districts and schools this course is pursued. If teachers voluntarily assume these duties as a matter of convenience and economy to the district, they may do so. (j). A township clerk cannot refuse to draw an order on the township treasury for the payment of a teacher's wages, on the ground that the teach- er's contract with the local directors contained an illegal requirement of such teacher, such as that he shall exclude all colored children ; nor on the ground that the township board of education directs him to refuse such order. 36 O. S., 429. Sec. 4019. (a). It will be seen that a decision against the local direc- tors of a sub-district practically renders the township liable for the amount of the judgment. See also section 3987. (b). Possession of a certificate is prima facie evidence of competency and good character, and in considering these facts the law requires only fair attainments and ability, and the usual diligence and application of the teacher in discharging his duty. 36 111., 71. SCHOOL OFFICERS GUIDE. 9 1 Schools, and Attendance Enforced. Ch. 9. found due, who shall issue an order upon the township treas- urer, to the person entitled thereto, to pay the same out of any money in his hands belonging to such sub-district, and appli- cable to the payment of teachers ; and in such suits process may be served on the clerk of the sub-district, and service upon him shall be sufficient. [76 v. 58, § 1.] Sec. 4020. Each board shall determine, at a regular ' ° Board to de- meeting, by an affirmative vote of a majority of all its mem- tennine stud- bers, the studies to be pursued, and the text-books to be used books. in the schools under its control, but no text-bock shall be changed, nor any portion thereof altered or revised, for five years after its adoption, without the consent of three-fourths of all the members elected to the board, given at a regular meeting; and all branches shall be taught in the English language, and each board of education is authorized to pur- chase direct from publishers or dealers, at the lowest whole- sale or contract prices, such necessary school text-books, and other school supplies as may be determined by the board, and furnish the same to pupils in the schools under its control at cost price, and each board of education is authorized to pay for such necessary school text-books and other school supplies out of the contingent fund at the disposal of the board. [70 v. 195, §52; 82 v. 142.] (c). This 'prima facie evidence throws upon the plaintiff the burden of sustaining a charge against the teacher of incompetency, immorality, or dereliction. Sec. 4020 (a) This section not only authorizes boards to prescribe a Adoptfon>f_a course of study and the text-books to be used, but directs that they shall do s°u,jy e a a^y ! it. It rightly assumes that classification and system are essential to the economical and effective conduct of its schools. The question is not settled by finding a teacher so indifferent to real success that he is willing in these days to sacrifice the interests of the school, of society, and of the State, by an easy-going acquiescence in inadequate appliances for his work. If a board of education neglects or refuses to comply with this peremp- Mandamus to tory requirement of the law, it is manifest that any tax-payer may secure com P e - ac lon such action by mandamus or otherwise. The section authorizes the board of education to enforce its order by refusing to continue in school a pupil who, being able, does not conform to it. If the pupil has no one able to supply him with books, the board should supply the want from the con- tingent fund ; see section 4026. Without doubt, a township board may, by injunction or otherwise, enforce its rule upon local directors and on teachers supply books in sub-districts. Economy and efficiency, and not individual caprice, should wnen be the guide in such matters. Changing to the use of a new edition of a 92 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. To provide for the study of the nature of alcoholic drinks and narcotics and their effects on the human system, in the public schools of the State of Ohio, and in all educational institutions supported wholly or in part by public money. Alcoholic drinks and nar- cotics required branches in all educational institutions supported by the State. Oral instruc- tion sufficient compliance. Certificates to teach after January 1, 1890. Refusal or neg- lect cause for _, dismissal of teachers. Section 1. Be it enacted by the General Assembly of the State of Ohio, That the nature of alcoholic drinks and nar- cotics, and their effects upon the human system in connec- tion with the subjects, of physiology and hygiene, shall be included in the branches to be regularly taught in the com- mon schools of this state, and in all educational institutions supported wholly or in part by money received from the State; and it shall be the duty of the boards of education, and boards of such educational institutions to make provisions for such instruction in the schools and institutions under their juris- diction, and to adopt such methods as shall adapt the same to the capacity of the pupils in the various grades therein; but it shall be deemed sufficient compliance with the require- ments of this section if provision be made for such instruction orally only, and without the use of text-books by the pupils. Sec 2. No certificate shall be granted to any person on or after the first day of January, 1890, to teach in the common schools, or in any educational institution supported as afore- said, who does not pass a satisfactory examination as to the nature of alcoholic drinks and narcotics, and their effects upon the human system. Sec. 3. Any superintendent or principal of, or teacher in any common school or educational institution, supported book is not a change of text-books. 35 O. S., 368, State ex rel. Flowers v. Board of Education. Dromnne text- ^)- It- would require a majority of all the members composing the book or study, board to drop a text-book or a course of study once adopted. Music, drawing, or any other branch of school studies may be intro- duced by the board. The section leaves this matter to the wise discretion of the board. (c). The constitution of the State does not enjoin or require religious instruction, or the reading of religious books, in the public schools of the State. Board of Education of Cincinnati v. Minor, et al., 23 O. S., 211. The legislature having placed the management of the public schools under the exclusive control of directors, trustees, and boards of education, the courts have no rightfu 5 authority to interfere by directing what instruc- shali be given, or what books shall be read therein. lb. 211. Religious_in struction." SCHOOL OFFICERS GUIDE. 93 Schools, arid Attendance Enforced. Ch. 9. as aforesaid, who willfully refuses or neglects to give the in- struction required by this act, shall be dismissed from his or her employment. Sec. 4. This act shall take effect and be in force from and after the first day of January, 1889. Passed April 11, 1888. [85 v. 213.] Sec. 402-1. The board of any district shall cause the When German G rman language to be taught in any school under its con language to be 00 ° J taught, etc. trol, during any school year, when a demand therelor is made, in writing, by seventy-five freeholders resident of the district, representing not less than forty pupils who are entitled to attend such school, and who, in good faith, desire and intend to study the German and English languages together; but such demand shall be made at a regular meeting of the board, and prior to the beginning of such school year; and any board may cause the German or other language to be taught in any school under its control, without such demand. [70 v. 195, § 52.J Sec. 4022. The board of any district may contract with p up ii smay be the board of any other district for the admission of pup. U into district* to ° ne any school in such other district, on such terms as may be another - * Sec. 1. (a). The duty of boards of education to make provision for instruction in the nature of alcoholic drinks and narcotics, and tin ir effects on the human system, in connection with the subjects of physiology and hygiene, is imperative, and if these boards neglect ihis duty, they may be compelled to its performance by a writ of mandamus. 6 !. It is evidently the intent of the law that physiology and hygiene, as well as the nature of alcoholic drinks and iiarcotics, shall be taught to all youth attendiug the common schoolg, from the infants entering school for the first time up to the senior class in the high school ; and it is left to the ingenuity of boards of education and teachers to devise the kind of in- struction that will be comprehensible to each class of minds in this wide range. As to whether this teaching shall be done or not, neither boards nor teachers are allowed any discretion. It is a compulsory law of the most iron-clad character. * Sec. 3. (a). The penalty of dismissal from employment cannot in equity be inflicted on superintendents, principals, and teachers for not giving the instruction required by the above act, until after the board of education has made proper provision for such instruction. Sec. 4021. (a). The law plainly contemplates English schools, though it allows the teaching of other languages as such, and upon the ^ structl0n in - performance of certain named conditions requires the board to have the German language taught. 94 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. Board to ascer- tain condition children not at school. When board may supply pupils with books. Penalties against viola- tion of pre- ceding pro- visions. Not a transfer. Tuition, to whom paid. Assignment of pupils. agreed upon by such boards; and the expense so incurred shall be paid out of the school funds of the district sending such pupils. [73 v. 243, § 64.] Sec. 4025. Each board of education shall ascertain, on the second Monday of February and the second Monday of September, or within fifteen days thereafter, each year, in such manner as it may deem most expedient, the condition of all children under fourteen years of age within its jurisdic- tion employed at any daily labor, or who are not in attendance at any common or private school, and shall report all viola- tions of this chapter to its clerk, who shall at once proceed to prosecute each and every such offense. [74 v. 57, § 3.] Sec 4026. If it be shown to the satisfaction of the board of education that the parent or guardian has not the means wherewith to purchase for his child or children the necessary school-books to enable him to comply with the requirements of this chapter, the board may furnish the same, free of cbarge, to be paid for out of the contingent fund at the disposal of the board. [74 v. 57, § 4.] Sec. 4027. A parent, guardian, or other person, who fails to comply with the provisions of this chapter, shall be (6). While it is natural that persons of foreign birth should desire their children to learn the tongue of the mother land, it is wise policy for the state to provide that all children in the public schools shall learn the language of this country. Sec. 4022. (a). This is, of course, in no sense a transfer of the child, and as certainly not of his parents, to the district or sub-district in which he is permitted to attend school for pay. (6). The tuition agreed upon is to be paid on the proper order of the clerk of the board of education which sends the child, to the treasurer of the district to which he is sent, — see last clause of section 4047 — and it is to be disbursed by the board of this district. Neither local directors, indi- vidual members of the board of education, superintendents, nor teachers can retain or disburse it. (c). Such contracts are not authorized to be made by local directors. As to pupils residing in one sub-district and seeking to attend school in other sub-districts, township boards "shall," as we have seen under section 4013 "make such assignment of the youth of their respective districts to the schools established by them, as will, in their opinion, best promote the in- terests of education in their districts." Under that section, there is, of course no provision for paying tuition. Section 4017 puts "in the boards of education the management and control of all the public schools of the district, subject only to the provisions of section 4018." Besides this, the local board has no control of money with which to pay tuition. SCHOOL OFFICERS GUIDE. 95 Schools, andAttendance Enforced. Ch. 9. liable to a fine of not less than two nor more than five dollars for the first offense, nor less than five nor more than ten dollars for each subsequent offense ; such fine shall be collected by the clerk of the board of education, in the name of the state, in an the action before any court having competent jurisdiction ; and money so collected by each clerk shall be paid to the county treasurer, and be applied to the use of the common schools of his district. [74 v. 57, § 5.] Sec. 4029. Two weeks' attendance at half-time or night- "What is equiv- ° alent to atten- school, shall be considered, within the meaning of this chap- g a ^ \ onday ter, equivalent to an attendance of one week at a day school. [74 v. 57, § 7.] TO COMPEL CHILDREN UNDER FOURTEEN YEARS OF AGE TO AT- TEND SCHJOL A CERTAIN LENGTH OF 1IME EACH YEAR. Section 1. Be it enacted by the General Assembly of the State ^eene?ght of Ohio, That all parents, guardians and other persons who yeare°compei- have care of children shall instruct them, or cause them to be schooL tten instructed in spelling, reading, writing, English grammar, geography and arithmetic, and every parent, guardian or other person having control and charge of any child between the ages of eight and fourteen years, shall be required to send any such child or children to a public or private school for a peri- od of not less than twenty weeks in city districts, in each year, ten weeks of which, at least, shall be consecutive, and in village and township districts not less than sixteen weeks in each year, eight of which shall be consecutive, unless such child or children are excused from such attendance by the superintendent of the public, private or parochial schools in cities, or by authority of the board of education in villages and townships, when it shall have been shown to the satisfac- tion of said superintendent, or said board, that the physical or mental condition of such child or children has been such as to prevent his, her, or their attendance at school, or that said child or children are taught at home by some qualified person or persons in such branches as are usually taught in primary schools. 9 6 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. Unlawful to employ chil- dren under fourteen years, except under certain condi- tions. Regarding mi- nors over four- teen and under sixteen who cannot read and write Eng- lish. Sec. 2. That no child under the age of fourteen years shall be employed by any person, company or corporation during the school term, and while the public schools are in session, uidess the parent, guardian or other person having care of such child, shall be able to give substantial proof that he or she has fully complied with the requirements of section 1 of this act, or that such child has completed the usual course of primary and grammar grades in some public or pri- vate school, and such person, company or corporation shall demand such proof before giving employment to any minor, and shall make a record of said proof given, and shall be required, upon the request of the officer ( hereinafter provided for) to allow said officer to examine the said record, and also the record as provided for in section 6986r/a of the Revised Statutes, and any person, company or corporation employing any child contrary to the provisions of this act, shall be liable to a penalty of fifty dollars for each offense, to be recovered in an action for debt in any court, or before any justiceot the peace having jurisdiction, and such action shall be brought in the name of the clerk of the board of education. Sec. 3. That all minors over the age of fourteen, and under sixteen years, who cannot read and write the English language, shall be required to attend school at least one-half of each day, or to attend some evening school organized and maintained by the board of education, or to take regular pri- vate instruction from some person qualified, in the opinion of the superintendent of schools in citi< s, and the clerk ot the board of education in villages and townships to teach such branches, until he or she shall obtain a certificate from the superintendent of schools in cities, and the clerk of the board of education in villages and townships, certifying th.it said minor can read at sight, and write legibly simple sentences in the English language, and every person, company or cor- poration having such minor in employment shall be required *Sec. 1. (a). According to the statute (Sec. 4016) a school week consists of five days And as this section says that children between eight and' fourteen years shall be sent to school in city districts not less, than twenty weeks in each year, and in other districts not less than sixteen weeks, the obvious and rational meaning is that children in the former dis- tricts must be in actual attendance at school not less than one hundred. SCHOOL OFFICERS GUIDE. 97 Schools, and Attaneance Enforced. Ch. 9. to exact such school attendance from such minor, and k be pre- pared, upon demand of the hereinbefore mentioned officer, to furnish evidence that such minor does comply with the requirements of this act, and any person, company or corpor- ation failing or neglecting to exact such school attendance from such minors shall be liable as provided for in section 2 of this act ; provided, such person, compan)' or corporation shall not have made provision for the private instruction of such minors. Sec. 4. That every parent, guardian, or other person Ke^enSs* having charge or control of any child under the age of six- employment teen who has been discharged from any business in order to this act. be afforded an opportunity to receive instruction or schooling, shall send such child to some public or private school until such child shall have required such instruction as section 8 of this act requires, and in case of failure on the part of said parent, guardian or other person to comply with the provis- ions of this section and of section 1 of this act, unless such child shall have been excused from such attendance by the superintendent of public schools or the clerk of the board of education in villages and townships for reasons stated in sec- tion I of this act, such parent, guardian or other person shall be deemed guilty of a misdemeanor, and shall, on conviction, be liable to a fine of not less than five dollars or not more than twenty dollars for the first offense, and not less than twenty for days, and in the other districts not less than eighty days in the year. Any other interpretation of this act might readily work to defeat the whole pur- pose of the law, for pupils might be on the roll twenty or sixteen weeks and not be in attendance more than half the time, as " enrollment " is fre- quently defined. From the spirit that breathes through this whole compul- sory act, it is evident that a proper construction of its language should always, in doubtful cases, be in favor of the education of that class of youth for whose benefit the law was specially made. * (6). It will be seen that no mention is made in this act of the teach- ing of United States history t and physiology and hygiene. The law is mandatory, of course, as to the branches mentioned in it, but as the pupils to be affected by the act, must necessarily be classified with pupils studying the additional branches just named, it would be an unreasonable interpre- tation of the law to hold that instruction in these branches is prohibited by it to any of the pupils thus classified together. Of the value of such in struction no intelligent person can entertain a doubt. 7 98 OHIO SCHOOL LAWS. Oh.'i 9. Schools, and Attendance Enforced. each subsequent offense, or to imprisonment for not less than one month nor more than three. The said fines, when paid, to be added to the public school funds of such school district in which the offense occurs. Hawtuai Sec. 5. That all children between the ages of seven and fourteen years who are habitual truants from school, or while in attendance at any public or private school are incorrigible, vicious or immoral in conduct; and all children between said ages, and all minors between the ages of fourteen and sixteen who cannot read and write the English language, who absent themselves! habitually from school, and habitually wander about the streets and public places during school hours, having nonbusiness or lawful occupation, shall be deemed juvenile disorderly persons and subject to the provisions of this act. Sec. 6. That in cities of the first and second class the to be employed board of education of said cities shall be required to employ cities. one truant officer to assist in the enforcement of this act ; said truant officer to be vested with police powers, and shall be authorized to enter factories, workshops, stores, and all other places where children may be employed, and perform such other services as the superintendent of schools or the board of education may deem necessary to the preservation of the morals and good conduct of school children and for the enforcement of this act, and in villages and townships the board of education shall be required to appoint some constable or other person as truant officer, with same power as said officer has in said cities, and the compensation of such officer shall be fixed by the board of education. Truant officers Sec. ?• That the truant officer shall make daily reports report^ 6 daily to the superintendent of public schools during the school term in cities, and to the clerk of the board of education as * Sec. 3. (a). It will be best that the board of education shall deter- mine before the opening of the schools, whether these half-day pupils shall come to school in the forenoon or the afternoon. If some should come in the forenoon and some in the afternoon, serious interference with the classi- fication and progress of the other pupils of the school might arise, and the advantage be less to the half-day pupils themselves. *(&). "Write legibly simple sentences in the English language," evi. dently means, not the copying of such sentences, but the writing of them at dictation. * (c). See note under section 11. SCHOOL OFFICERS GUIDE. 99 Schools, and Attendance Enforced. Ch. 9. often as the clerk shall require it to be done in villages and townships, and he shall also keep a record of his trans- actions, subject to the inspection of the members and officers of the board of education, and it shall be the duty of the clerk of the board oi education to provide suitable blanks for said truant officer. Sec. 8. That it shall be the duty of all truant officers to Duties of truant officers examine into all cases 01 truancy when any such come before their notice, or when requested to do so by the superintendent of public schools, or by the board of education, and to warn such truants, their parents or guardians, in writing, of the final consequences of truancy if persisted in, and also to notify the parent, guardian or other person having the charge and control of any juvenile disorderly person, that the said person is not attending any school, and to require said parent, guar- dian or other person to cause the said child to attend some recognized school within five days from said notice; and it shall be the duty of said parent, guardian or other person having the legal charge and control of said child, to cause * Sec. 5 (a). Many different meanings are likely to be attached to the phrase "habitual truants," and to draw an exact line of definition it not easy, indeed scarcely possible. If a pupil should be truant once each week but one-half day, he should undoubtedly be considered an habitual truant And should he be a truant at longer intervals than a week, but for a greater jength of time, as two or three days in every two weeks, it would be still proper to class him as an habitual truant. But should he be truant but once a month, unless his absence were a considerably prolonged one, it might be a question whether he ought properly to be placed in the class of habitual truants. It will be wise for each board of education to adopt a rule for itself on this point. Such a rule would be in the nature of information to the public, and do much to remove uncertainty as to the meaning of the law. Any reasonable rule would almost certainly be sustained by the courts. * (b). As to the disposition to be made of ''juvenile disorderly persons " see section 8. * Sec. 6. It will be seen from the language used, that the appoint- ment of a truant officer is mandatory, not merely permissive, and if any board of education neglects to employ such an officer, such board may be proceeded against by mandamus to compel it to peform this duty. * Sec. 8. The rep3aling clause of this act does not include section 4027, R. S. As the penalties prescribed in that section for non-com liance with the provisions of this chapter differ from those prescribed in this section courts will, of course, take for their guidance the law last enacted. IOO OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced the attendance of said child at some recognized school ; if said parent, guardian or other person having the legal charge and control of said child, shall willfully neglect, fail or refuse to cause said child to attend some recognized school, it shall be the duty of said officer to make, or cause to be made a com- plaint against said parent, guardian or other person having the legal charge or control of such child, in any court of competent jurisdiction in the city, village or township in which the offense occurred, for such refusal, failure or neglect, and upon conviction thereof, said parent, guardian, or other person, as the case may be, shall be punished by a fine of not less than five dollars nor more than twenty dollars, or the court may, in its discretion, require persons so convicted to give bonds in the penal sum of one hundred dollars, with one or more sureties to be approved by said court, conditioned that said persons so convicted shall cause the child or children under his or her legal charge or control to attend some recog- nized school within five days thereafter, and to remain at said school during the term prescribed by law; provided^ that if said parent, guardian or other person in charge of such child shall prove inability to cause said child to attend said rec- ognized school, then said parent, guardian or other person shall be discharged, and said court, upon complaint of said truant officer or other person, that said child is a juvenile disorderly person, as described in section 5 of this act, proceed to hear such complaint, and if said court shall determine that said child is a juvenile disorderly person within the meaning of this act, such child shall be deemed guilty of a misdemeanor, and said court shall thereupon sentence said child to some juvenile reformatory, or county children's home, until such child shall arrive at the age of sixteen years, unless sooner discharged by the board of trustees of said reformatory or home. Provided, however, that said sentence may be sus- pended in the discretion of the court, for such time as the child shall regularly attend school and properly deport him- self or herself. It is further provided, that if for any cause the parent, guardian or other person having charge of any juvenile disorderly person, as defined in this act, shall fail to cause such juvenile disorderly person to attend said recognized school, then complaint against such juvenile disorderly per SCHOOL OFFICERS GUIDE. IOI Schools, and Attendence Enforced. Ch. 9. son may be made, heard and tried, and determined in the same manner as provided for in case the parent pleads in- ability to cause the juvenile disorderly person to attend said recognized school; and it is further provided, that no child under the age of nine years shall be sent to any juvenile re- formatory or children's home under the provisions of this act. Sec. 9. That it shall be the duty of officers empowered p mcee dings or appointed under this act to assist in the enforcement f B violated!" 5 thereof, to institute, or cause to be instituted, proceedings against any parent, guardian or other persons having legal control or charge of any child, or corporation violating any of the provisions of this act; provided, that this law shall not be operative in any school district where there are not suffi- cient accommodations to seat children compelled to attend c'lool under the provisions of this act, and that no prosecu- tion shall b9 instituted against any parent, guardian or other person or child in charge of such, unless they have received due notification from an officer empowered under this act that they are acting in violation of this act. Sec. 10. When any truant officer shall discover to his when this act may be bus- ful satisfaction any child under th3 age of fourteen vears, pended for a J ° time. whclly or partially dependent upon his or her own labor for a living, or who shall be the support of others unable to provide for their own sustenance, or when, in the judgment of the superintendent of the schools, or the board of education, it may be necessary for such child to contribute to the support of the family of which he or she is a member, it shall be the duty of said truant officer to report such case to the proper authorities, whose duty it is to look after and care for the poor, and to endeavor to obtain such relief as may release such child from labor for such length of time each year as will be required for compliance with section 1 of this act ; but such child shall not be declared a pauper or removed to any infirm- ary, reformatory or children's home, unless he or she shall willfully neglect to take advantage of the provisions made by said truant officer for his or her relief and instruction; and said truant officer failing to obtain such relief, the superin- tendent of schools, or the board of education, may make suit- able arrangements for the private instruction of such child while so adversely conditioned. 102 OHIO SCHOOL LAWS. Ch. 9. Schools, and Attendance Enforced. Duty of teach- ers and prin- cipals under this act. When corpora- tions violate) this act. Penalty. Relating to other statutes Sec. 11. That it shall be the duty of all principals and teachers of all schools, public and private, to report to the clerk of the board of education of the city, village or town- ship in which schools are situated, the names, ages and resi- dence of all pupils in attendance at their schools, together with such other facts as said clerk may require, in order to facilitate the carrying out of the provisions of this act, and the said clerk shall furnish blanks for said purpose, and said reports shall be made in the last week of September, December, February and April in each year. Sec. 12. That when any of the provisions of this act are violated by a corporation, proceedings may be had against any of its officers or agents of said corporation, who in any way participate in, or are cognizant of such violation by the corporation of which they are the officers or the agents, and said officers or the agents shall be subject to the same penal- ties as individuals similarly offending. Sec. 13." Any person or officer mentioned in this act, and designated as having certain duties to perform in the enforce- ment of any of its provisions, neglecting to perform any such duties, shall be liable to a fine of not less than twenty-five dollars nor more than fifty dollars for each and every offense. Sec. 14. Any provision of statutes in force when this act takes effect which conflicts with any provisions of this act, shall to the extent it is inconsistent with the latter, and not otherwise, be held to be superseded by this act. The pro- visions of this act shall apply to children entitled, under ex- * Sec. 10. The spirit of this law is a liberal one, and the evident pur- pose of the act is that no child iu Ohio, however poor and humble, shall fail to receive the rudiments of a school education. Where night-schools are established, they can be made available for the instruction of the class of children described in this section. The import of the last part of the section seems to be that the superintendent of schools or the board of edu- cation may, after all other means have been exhausted, pay the expense of the private tuition of these poor children out of the public school fund. * Sec. 11. There can be no doubt that it is intended to include pa- rochial schools under the designation "private schools." * Sec. 13 (a). Not only will superintendents of "schools, clerks of boards of education, truant officers, principals of schools, and teachers, be liable to a fine for a non-performance of the duties prescribed by this act, but also members of boards of education. * (6). See note under section 8. SCHOOL OFFICERS GUIDE. IO3 Schools, and Attendance Enforced. Oh. 9. isting statutes to attend school at the institution for the edu- cation of the blind, and the deaf and dumb. Other provisions of statutes in force, relating to school affairs, shall not be af- fected by this act. Sections 4023, 4024 and 4028 of the Re- vised Statutes are hereby repealed. Sec. 15. This act shall take effect January 1, 1890. [86 v. 333. * Sec. 15. When the title-page to this edition of the school laws was written, the fact was overlooked that this act did not go into effect on its passage. All the other laws in this volume, however, were in force, as stated in this title-page, on the 15th of April, 1889, the day the Sixty-eighth General Assembly adjourned. • * General Note. This compulsory law is one of the most important educational measures of the last twenty-five years. Its success will depend greatly upon the interest taken in it by school superintendents and boards of education. If they enter upon its enforcement, with the same spirit tha is to be found in the law itself, a class of children from which, to a large extent, has been recruited the great army of criminals in our state, will, in- stead, be trained into good citizenship, and thus become an element of strength instead of weakness. 104 OHIO SHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. CHAPTER 10. ENUMEBATION, TREASURER AND CLEEK. Section 4030. Yearly enumeration of youth to be taken. 4031. Qualification and pay of those taking the same. 4032. Clerk, except in township dis- tricts, to employ person to take it. 4033. Clerk of board of directors to take it in sub-districts. 4034. Enumeration in joint sub-dis- tricts. 4035. Clerk to transmit abstract to coun- ty auditor. 4036. When the clerk fails, auditor to act. 4037. When county line divides original surveyed township. 4038. When enumeration not taken, district not entitled to school funds. 4039. Auditor to furnish abstract to state commissioner. 4040. Duty of state commissioner when enumeration excessive, etc. 4041. Penalty for making fraudulent re- turns. 4042. Who to be treasurer of school funds. Section 4043. Bond of treasurer, and duties of board in reference thereto. Annual settlement by treasurer with county auditor. Penalty for failure to make such settlement. 4046. Treasurer to report balances to board. 4047. When treasurer may receive or pay money. Maximum amount of funds which treasurer may hold. Treasurer to deliver money, etc., to successor. Bond of clerk. When orders of clerk for teacher's pay illegal. Duties of clerk as to statistics, etc. Publication of receipts and dis- bursements by clerk. Clerk to deliver books, etc., to suc- cessor. How treasurer and clerk to keep account. Compensation of treasurer and clerk. 4044. 4045. 4048. 4049. 4050. 4051. 4052. 4053. 4054. 4055. 4056. ENUMERATION. Yearly enu- meration of school youth. Sec. 4030. There shall be taken in each district, annu- ally, during the two weeks ending on the fourth Saturday in July, an enumeration of all unmarried youth, noting sex, between six and twenty-one years of age, resident within the district, and not temporarily there, designating also the num- ber between sixteen and twenty-one years of age, the number residing in the Western Reserve, the Virginia military district, the United States military district, and in any original sur- veyed township or fractional township to which belongs sec- tion sixteen, or other land in lieu thereof, or any other lands for the use of public schools, or any interest in the proceeds of such lands. [71 v. 15, § 77; 85 v. 192.] Who should be enumerated. Sec. 4030 (a). The annual enumeration should include all unmarried youth between the ages of six and twenty-one years, who at the time of taking such enumeration, actually dwell or have their home in the district, whether such youth constitute a part of the family of their parents or guardians, or are, in ''good faith and for a continuance of time, hired to labor or service in a family actually residing in such district. SCHOOL OFFICERS' GUIDE. IO5 Enumeration, Treasurer and Clerk. Ch. 10. Sec. 4031. Each person required or employed under this {?ow en umera - chapter to take such enumeration shall take an oath or affirm- taken - ation to take the same accurately and truly to the best of his skill and ability. When making return thereof to the proper officers, he shall accompany the same with a list of the names of all the youth so enumerated, noting the age of each, and with his affidavit duly certified that he has taken and returned the enumeration accurately and truly to the best of his knowl- edge and belief, and that such list contains the names of all the youth so enumerated and none others. The officer to whom such return is required to be made, may administer such oath or affirmation and take and certify such affidavit, and shall keep in his office for the period of five years such report and list of names, and each person so taking and re- turning the enumeration shall be allowed by the proper board . Compensation of education reasonable compensation for his services, which for same. in sub-districts jshall not exceed two dollars for each person authorized, required or appointed to perform the service. [71 v. 15, § 77 ; 80 v. 192.J Sec 4032. The clerk of the board of education of each cierk, except district, other than township districts, shall employ a suffi- districts! to* cient number of competent persons to take and return to him sons to take it. the enumeration of his district, in the manner prescribed in this chapter. [70 v. 195, § 78.] Sue. 4033. The director, who is clerk in each sub-district, How same shall take, or cause to be taken, annually, according to the ? ha11 De taken J ' ° in township p~ visions of this chapter, an enumeration of youth resident *ricts Ub ' dis * within his sub-district, and return a certified copy thereof to the clerk of the township board of education; if any such di- rector fail to perform such duty, and make said return on or before the fourth Saturday in July, the clerk of the township board shall employ a competent person to take and return the (6). If, however, a youth is staying temporarily in a district as a hoarder or visitor, or is a member of a family temporarily in the district and whose actual residence is in another district, such youth cannot be legally enumerated. But the temporary residence of a family in a district, if such family have at the time no other residence, does not exclude the children actually living in and belonging to such family from the enumeration. (c). A youth can be legally enumerated in but one district, and that is the district in which he actually resides. * (d). See note (6), section 4013. io6 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. Enumeration in joint sub- districts. Clerks to transmit ab- stract of enumeration to county auditor. When the clerk fails' auditor to act enumeration, give him an order on the treasurer of the board for his compensation, payable from the contingent fund, and proceed to recover the amount so paid, in a civil action, before any court having jurisdiction of the matter, in the name of the state, against such director; and the money so collected shall be paid to the treasurer of the board, and credited to the contingent fund; but in a township district which is not di- vided into sub-districts, the president of the board shall take and return the enumeration, or cause the same to be done. [70 v. 195, § 33; 85 v. 193.] Sec. 4034. The enumeration of a joint sub-district shall be taken by the clerk of the board of directors, who shall transmit a certified copy thereof to the clerk of the board of education of the district in which the school-house of the sub- district is situate, and designate therein the number of youth residing in the respective fractions of townships of which the sub-district is composed; and if such sub-district is com- posed of parts of two or more counties, the clerk to whom the return is made shall transmit a certified copy thereof to the auditor of each county having territory within the sub-dis- trict. [70 v. 195, § 34 ; 71 v. 15, § 77 ; 72 v. 63, § 36.] Sec 4035. The clerk of each board shall, annually, on or before the first Saturday in August, make and transmit to the county auditor, an abstract of the enumeration by this chapter required to be returned to him, according to the form prescribed by the commissioner of common schools, with an oath or affirmation indorsed thereon that it is a correct ab- stract of the returns made to him under oath or affirmation ; and the oath or affirmation of the clerk may be administered and certified by any member of the board of education, or by the county auditor- [70 v. 195, § 79 ; 85 v. 193.] Sec 4036. If the clerk of any district fail to transmit such abstract of enumeration on or before the first Saturday in August, the auditor shall at once demand the same from such clerk ; and in case the enumeration has not been taken as required by this chapter, or the abstract required be not furnished without delay, the auditor shall employ competent persons to take such enumeration, who shall be subject to the legal requirements already specified, except that the return shall be made directly to the auditor, who may administer to SCHOOL OFFICERS GUIDE. IO7 Enumeration, Treasurer and Clerk. Ch. 10. each person employed the oath or affirmation required; and the auditor shall allow the persons employed by him a reason- able compensation, to be paid out of the general county fund, and shall proceed to recover the amounts so paid in civil action before any court having competent jurisdiction, in the name of the state, against such clerk on his bond, and the amount so collected shall be paid into the general county fund. [70 v. 195, § 80 ; 85 v. 193.] Sec. 4037. If parts of an original surveyed township or „.,_ . r a J r when county- fractional township are situate in two counties, the auditor line divides; r ' original sur- of the county in which the smallest part is situate shall, so Jbfp d * town soon as the abstracts of enumeration are received by him from the clerks of the boards of education, certify to the auditor of the county in which the largest part is situate the enumera- tion of youth resiu,.. in the part of the township situate in his county ; if parts of such township or fractional township are situate in more than two counties, like certificates of enumeration shall be transmitted to the auditor of the county containing the greatest relative portion of such township, by the auditors of the other counties containing portions thereof; when it is uncertain which county contains the greatest rela- tive portion of such township, such certificates shall be trans- mitted to the auditor of the oldest county, by the other audi- tor or auditors ; and if the land granted by congress to such township or fractional township for the support of public schools has been sold, the auditor to whom such certificates are transmitted shall notify the auditor of state, without delay, that such enumeration has been certified to him. [70 v. 195, §§ 121,130.] Sec. 4038. If an enumeration of the youth of a district wnen'enumer- be not taken and returned in any year, such district shall not taken^strict' be entitled to receive any portion of the school funds distrib- w school ec utable in that year on the basis of enumeration ; and if such loss to a district occur through the failure of the clerk of the board of education of the district to perform the duty re- quired of him by either section forty hundred and thirty-two, or forty hundred and thirty-five, he shall be liable to the district for the loss, which may be recovered in an action in the name of the state; and the money so recovered shall be paid into the county treasury, and apportioned in the same manner as io8 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. Auditor to furnish!ab- etract to state commis- sioner. Duty 'of state commissioner when enumer ation excess- ive, etc. Penal ty$f or making^fraud, ulent returns. the school funds so lost would have been apportioned. [70 v. 195, §§ 120, 124.] Sec. 4039. The auditor of each county shall make, and transmit to the state commissioner of common schools, on or before the third Saturday in August, in each year, on blanks to be furnished by the commissioner, an abstract of the enu- meration returns made to him, duly certified. [70 v. 195, § 81 ; 85 v. 193.] Sec. 4040. When the state commissioner of common schools, on examination of the enumeration returns of any district, is of opinion that the enumeration is excessive in number, or in any other way incorrect, he may require the same to be retaken and returned, and if he think it necessary he may for this purpose appoint persons to perform the ser- vice, who shall take the same oath, perform the same duties, and receive the same compensation, out of the same funds, as the person or persons who took the enumeration in the first instance, and the school fund distributable in proportion to enumeration shall be distributed upon the corrected re- turns. [70 v. 195, § 75.] Sec. 4041. An officer through whose hands the enumera- tion required by this chapter to be returned passes, who, by percentage or otherwise, adds to or takes from the number actually enumerated, shall be deemed guilty of a misdemeanor, and, upon conviction' of such offense, shall be fined in any sum not less than five nor more than one thousand dollars, or imprisoned in the county jail not less than ten nor more than thirty days, at the discretion of the court. [75 v. 195, § 75.] Treasurer of school funds. TREASURER AND CLERK. Sec 4042. In each city district the treasurer of the city funds shall be ex-officio treasurer of the school funds; but if the county treasurer is treasurer of the city funds, the board of education may appoint one of its members treasurer, who shall not receive any compensation for his services ; in each township district the treasurer of the township funds shall be ex-officio treasurer of the school funds ; and in each village and special district the board of education shall choose its own treasurer, whose term of office shall be for one year, beginning on the first day of September. [70 v. 241, § 44 ; 85 v. 193.] SCHOOL OFFICERS GUIDE. IO9 Enumeration, Treasurer and Clerk. Ch. 10. and examined. Sue. 4043. Each school district treasurer, or county treas- g^li^^and urer who is ex-officio treasurer of a school district, shall, be- ]£ ^counted* fore entering upon the duties of his office, execute a bond, with sufficient surety, in double the probable amount of school funds that may come into his hands, payable to the state of Ohio, to be approved by the board of education, conditioned for the faithful disbursement, according to law, of all such funds which come into his hands; such bond, when so exe- cuted and approved, shall be filed with the clerk of the board of education of the district, who shall cause a certified copy thereof to be filed with the county auditor without delay; and such board, at the time of the approval of such bond, shall require the treasurer of the school funds to produce all money, bonds or other securities in his hands as such treas- urer, the same shall be then counted by the board, or a com- mittee thereof, in the presence of the clerk of the board, who shall thereupon enter upon the records of the board a certifi- cate, setting forth the exact amount of money or securities so found in the hands of such treasurer, which record shall be Section 4043 (a). And this whether the treasurer is elected by the board or is serving ex-officio. He must give bond as the treasurer of the school funds, though he may have already filed a bond as township, city, or county treasurer. In no case should the clerk neglect to send to the county auditor his cert'fied copy of the treasurer's bond, as the auditor is forbidden to give a bond treasurer an order on the county treasurer for a sum which at any time will make the amount in such treasurers hands over one-half of the penalty of his bonds. See section 1047, R. S. (b). Sec. 5841. A surety of the treasurer of school funds, in any school district organized under the provisions of law, may at any time Surety! • notify the board of education of the proper district, by giving at least five days' notice, in writing, that he is unwilling to continue as surety for such treasurer, and will, at a time therein named, make application to the board of education to be released from further liability upon his bond ; and he shall also give at least three days' notice, in writing, to such treasurer, of the time and place at which the application will be made. [70 v. 195, §481- (c). Sec. 5842. The board of education, upon such notice being given, shall hear the application, and if, in their opinion, there is good reason therefor, shall require the treasurer to give a new bond, conditioned accord- ing to law, and to the satisfaction of the board, within such time as they may direct ; and if the treasurer fail to execute such bond, the office shall be deemed to be vacant, and shall be immediately filled as other vacancies therein ; but such original sureties shall not be released or discharged until the riling of the new bond, or the expiration of the time allowed therefor; Treasurer's Release" of New bond. I IO OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. signed by the president and clerk of the board, and shall be prima facie evidence that the amount therein stated was actu- ally in the treasury at that date. [70 v. 195, §§ 46, 82 ; 76 v. ' 16, §1.] Annual set- Sec. 4044. The treasurer shall, annually, within the first treSurer b with three days of September, settle with the county auditor for «oun yau 1 ^ g preceding school year, and for that purpose shall present a certified statement showing the amount of money received, from whom, and on what account, and the amount paid out, and for what purposes; he shall produce vouchers for all pay- ments made ; and if the auditor, on examination, find the statement and vouchers to be correct, he shall give the treas- urer a certificate of that fact, which shall, prima facie, be a discharge of the treasurer for the money paid ; and for making such settlement he shall be entitled to receive the sum of one dollar, and also five cents per mile for traveling to and from Default Ly treasurer. Loanof^public money. Inspection of treasurer's books. New bond in •case of re-elec- tion. ■City districts. Time elapsed ing. and the cost of such application shall be paid by the person making the same. [70 v. 195, \ 8]. (d). In an action against a surety on a township treasurer's school bond, conditioned for the faithful disbursement of school moneys, a judgment for defendant will not be reversed, when the pleadings and evidence show a default by the treasurer only as to "township funds" in general items, without specifying that any part thereof was school money. The State v. Corey, 16 O. S. 17. (e). Township trustees have no authority to release a treasurer from his liability for any portion of the school fund belonging to the township. State v. Williams, 13 O. 495. (/). Bonds must be accepted within reasonable time. 31 O. S. 451. (g). Section 6841 provides heavy penalties for any officer who loans or deposits money belonging to the public. But section 21 provides that the illegality of the act of loaning such • money shall be no hindrance to bringing suit for it. {h). Treasurer's books and accounts are always subject to inspection by the trustees, who shall— see section 1511 — at least once each year, make a thorough examination of the same. ( i). A treasurer who is his own successor must give a new bond for the term to which he is re-elected. His former bondsmen will not be liable for defaults committed within the term for which he is reelected. Their liability ceased with the expiration of his former term of office. See 7 O., 2d pt, 221, or 4 Western Law Monthly. In case the treasurer of a city district fails to give, bond, his office may be declared vacant by the city council. See section 1740, E. S. Should a treasurer present his bond after the time prescribed for tendering it, and should such bond be accepted, would undoubtedly be held good. See 25 O. S. 567. SCHOOL OFFICERS GUIDE. I I I Enumeration, Treasurer and Clerk. Ch. 10. the county seat, to be paid out of the county treasury, on the order of the county auditor. When the treasurer's term begins on the first day of September the annual settlement shall be made by the outgoing treasurer. [71 v. 9, § 47; 85 v. 194.] Sec. 4045. If the treasurer of any school district will- eii ,. . -, r .-, , , . , Penalty for fully or negligently fail, to make such annual settlement failure to within the time prescribed in the preceding section, he shall tiement. be liable to pay a fine of fifty dollars, to be recovered in a civil action in the name of the state ; which amount, when collected, shall be paid into the county treasury, and shall be applied to the use of common schools in his district; and the county auditor shall proceed forthwith, incase of such failure, to recover the penalty, by suit against such treasurer, before any justice of the peace of the county. [71 v. 9, § 47.] Sec. 4046. The treasurer shall report to the board of Treasurer to i • i - t . report bal- education, within ten days alter his settlement with the ances to board. county auditor, the amount of money in his hands for school purposes, and the amount belonging to each fund. [70 v. 195, §47.] Sec 4047. No treasurer of a school district, except in ^hen treag . cases otherwise provided for in this title, shall pay out any school money except on an order signed by the president and countersigned by the clerk of the board of education ; and no money shall be paid to the treasurer of a district, other than that received from the county treasurer, except upon the order of the clerk of the board, who shall report the amount of such miscellaneous receipts to the county auditor each year, im- Sec. 1044 (a). If it is evident to the county auditor that the school Auditor's moneys have been illegally paid out, as they would be if paid to any mem- duty. ber of a board of education on any contract with such board, or as an employe thereof, it is his duty to refuse the treasurer credit for the same. If moneys have been paid from the wrong fund, as from the the school fund, when the law says it must be township fund, the auditor must not allow credit to such orders. He should insist on their correction by the board, or correct them himself by proper debit and credit. (6). No voucher should be received by the auditor which he has rea- son to believe a court of law would reject. No paper is a voucher for the payment of money to A, which has not A's receipt on it, or accompanying it. An order properly made out, but merely marked " paid " by the treas- urer, is not a receipt. See section 4047. urer may re- ceive or pay money. 112 OHIO SCHOOL LAWS. Cli. 10. Enumeration, Treasurer and Clerk. Maximum amount of funds which treasurer mav hold. Treasurer to deliver money, etc., to successor. mediately preceding such treasurer's settlement with the au- ditor. [71 v. 15, § 83.] Sec. 4048. The auditor shall in no case permit the treasurer of a school district to have in his han is, at any time, an amount of school funds over one-half the amount of the penalty in the bond of the treasurer; and before giving such treasurer any order for school funds, he shall require the treasurer to file with him a statement, to be furnished by the clerk of the board of education whenever necessary for the purpose, showing the amount of funds in the treasurer's hands according to the clerk's books. [70 v. 195, § 84.] Sec. 4049. At the expiratioa of his term of service each treasurer shall deliver to his successor in office all books, papers, money, and other property in his hands belonging to the district, and take duplicate receipts of his successor there- for, one of which he shall deposit with the clerk of the board of education within three days thereafter. [71 v. 9, § 47 ; 85 v. 194.] Exception. Treasurer's discretion. Embezzlement by municipal and school officers. Selling public, property to defraud. Sec. 4047 (a). The case "otherwise provided for " is the payment of teachers in the sub-districts on the order of the directors. Section 4018. (b). The treasurer should not pay an order for what he believes to be an illegal object, until he can consult with other members of the board, and have the question fully investigated. A man of discretion is supposed to be chosen to this, as to other offices, that the chances for discovering errors and frauds may be multipled. (c). Sec. 6846. A member of the council or board of aldermen of any municipal corporation, or an officer, agent, clerk, or servant of such corporation, or any board or department thereof, or an officer, agent, clerk, or servant ot any board of education, who, knowingly, diverts, appropriate or applies any funds, or a part of any fund, raised under any law, by taxa- tion or otherwise, to any other use or purpose than that for which it was raised or appropriated, or who, knowingly, diverts, appropriates, or applies, any money borrowed, or any bond of the corporation, or any part of the proceeds of such bond, to any other use or purpose than that for which such loan was made, or bond issued, shall be deemed guilty of embezzliug the amount so diverted, appropriated, or applied, and punished accordingly. [66 v. 263, \ 671 ; 73 v. 116, § 1]. (d). Sec. 6847. Whoever, being intrusted with the care, custody, or control, of any property of • the state, or of any county, township, or municipal corporation, sells or disposes of the same, for his own use, with intent to defraud, is guilty of embezzlement, and shall be punished ac- cordingly. [69 v. 193, I 2]. Sec. 4048 (a). The county auditor is, by section 1047, E. S., required SCHOOL OFFICERS GUIDE. 113 Enumeration, Treasurer and Clerk. Ch. 10. [Sec. 6975a. It shall be unlawful for any person to offer or give, directly or indirectly, any reward or consideration, or make any present or reduction in price to any person em- ployed in any of the public schools of this state, cr to any officer having any authority or control over the same for favoring, recommending or advocating the introduction, adoption or use, in the school in which such person is em- ployed, or over which such officer has any authority or con- trol, of any text-book, map, chart, globe or other school sup- plies, or to induce him so to do ; and it shall be unlawful for any such employe or officer, to accept, or to offer or agree to receive or accept any reward, consideration, present, gift or reduction in price for so doing; and it shall also be unlawful for any local director or member of a board of education to vote for, or participate in the making of any contract with any person as a teacher or instructor in any of the public schools of this state to whom he is related as father or brother, or to act in any matter in which he is pecuniarily interested, or to receive, or to offer to accept or receive any reward or gain for any official act. Any person violating any of the forego- ing provisions shall, upon conviction, be fined not less than twenty-five dollars, and not more than five hundred dollars, or be imprisoned not more than six months, or both.] [85 v. 207.] to open an account with each school district in the county. For condition ^^ < ^ i 5 or ^ 1 ^ c ~ on which warrant is given the treasurer of any school district, see same districts. section. (b). By reference to section 1122, R. S., it will be seen that when Money left in desired, the school funds may be permitted to remain in the county treasury u °" nty treaK ~ in which case they may be drawn out by the school treasurer in suras not less than one hundred dollars. See also section 1123, R. S. Sec. 4049 (a). Sec. 6975 R. S. provides that " a member of a board of education, organized under any law of this state, who accepts or receives any compensation for his services as suoh member, except as clerk or treasurer of such board, shall be deemed guilty of embezzlement of the amount so received, and punished accordingly." [TO v. 214, # 67]. (b). Sec. 7299. Any failure or refusal to pay over, or to produce the public money, or any part thereof, by an officer or other person charged with the collection, receipt, transfer, disbursement, or safe keeping of the public money, or any part thereof, whether belonging to the state, or to any county, township, municipal corporation, or board of education in this 8 1 14 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. Bond of clerk. When orders to clerk for teacher's pay illegal. Sec. 4050. The clerk of each board of education shall execute a bond, in an amount and with surety to be approved by the board, payable to the state of Ohio, conditioned that he shall perform faithfully all the official duties required of him ; which bond shall be deposited with the president of the board, and a copy thereof, certified by the president of the board, shall be filed with the county auditor. [70 v. 195, §45.] Sec. 4051. It shall be unlawful for the clerk of a board to draw an order on the treasurer for the payment of a teacher for services until the teacher files with him such reports as are required by the state commissioner of common schools and the board of education, a legal certificate of qualification, or a true copy thereof, covering the entire time of the service, and a statement of the branches taught; but orders may be state, or any other public money whatever, or to account to, or to make settlement with, any proper and legal authority, of the official accounts of such officer or person, shall be held and taken as prima facie evidence of the embezzlement thereof, and upon the trial of such officer or person for the embezzlement of public money under section 6841, it shall be sufficient evidence, for the purpose of showing a balance against him, to produce a transcript from the books of the auditor of state, or the auditor of the county, or the records of the commissioners of the county ; and the refusal of any such officer or person, whether in or out of office, to pay any draft, order, or warrant drawn upon him, by the proper officer, for any public money in his hands, no matter in what capacity the same was received or is held by him, or any refusal, by any person or public officer, to pay. over to his successor any public money or securities promptly, on the legal re- quirement of any authorized officer of the state or county, shall be taken on the trial of an indictment against him for embezzlement as prima facie evidence of such embezzlement. [55 v. 44, \ 15]. * Sec. 6975a. This is classified in the R.S. as one of the sections of the Issuing orders. Criminal Code, but as the subject-matter pertains entirely to schools, it has been thought best to insert here. Section 4051 (a). If an order is drawn for the illegal payment of a teacher, the remedy of the board is a writ of injunction. (&). Each of these three documents must be carefully filed by the clerk and handed over to his successor in office. (c). Persons who are to teach subjects not on the list of studies enumerated in the statute, must have a certificate covering all such branches. Not only the teacher, but each member of the board of education is severally liable for the repayment of money paid under their vote and order, to a teacher who does not hold a certificate covering each and every branch taught. The same rule applies to all payments made to teachers What teach- ers' certifi- cate must cover. When mem- bers of board liable for pay ment of teacher. SCHOOL OFFICERS GUIDE. I 1 5 Enumeration, Treasurer and Clerk. Ch. 10. drawn for the payment of special teachers of drawing, paint- ing, penmanship, music, gymnastics, or a foreign language, on presentation of a certificate to the clerk, signed by a majority of the examiners, and the riling with him of a true copy thereof, covering the time for which the special teacher has been employed, and the specialty taught. [70 v. 195, §§ 53, 91.] Sec. 4052. The clerk of each board shall prepare the an- Annual sta- tistical report nual report of the receipts and expenditures of school money, °* Doard of 1 r r j i education : by and the statistical statement in reference to the schools, re- whom pre- ' pared. quired of the board by section forty hundred and fifty-seven, and transmit the same to the county auditor on or before the first day of September; provided, that in each school district having a superintendent of schools, except city districts of the first class, the annual report, except the receipts and ex- penditures of money, shall be made by the superintendent. [70 v. 195, § 82 ; 85 v. 194] Sec. 4053. The board of education of each district, ex- Publication ceptcity districts of the first class, shall require the clerk of of receipts r J ^ and disburse- the board annually, ten days prior to the election for mem- m |" k tsby bers of the board and directors of sub-districts, to prepare, and post at the place or places of holding such elections, or before reports required by law, by the State Commissioner of Common Schools, and by the board of education, have been made. (d). An assistant teacher who has not a legal certificate can not be Payment of paid through an order drawn in favor of another teacher who had a cer- assistant or tificate, nor can any uncertificated teacher, who is employed as a substitute, substitim ' receive pay through another teacher. Section 4074 provides that "no person shall be employed as a teacher" who has not a legal certificate. It is the duty of the township clerk to refuse to draw an order for the pay- ment of money from the school fund when he has satisfactory evidence that any portion of such money is to be used for the payment of a teacher not holding a legal certificate. A legal certificate must cover the entire time of the teacher's service ; must specify all the branches taught, and can neither directly nor indirectly be made to legalize another teacher's services. (e). An order drawn by the clerk of the board of education, under the statute, in favor of a third person or bearer, on the township treasurer, is Orders not not negotiable, and a purchaser takes such order subject to the same defenses negotiable, that could be made against it in the hands of the payee. The State ex rel. Steinbeck, et al. v. Treasurer of Liberty Township. 22 O. S., 144. The written acceptance of such order by the predecessor of the town- ship treasurer, to whom it was presented for payment, imposes no greater 0r(3 f e ^ a h ? " obligation on the latter to pay the same, than he would have been under decessor. had it been presented without such acceptance. lb. n6 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. Clerk to de- liver books, etc., to suc- cessor. How treas- urer and clerk to keep ac- counts. Compensa- tion of treas- urer and clerk. publish in some newspaper of general circulation in the dis- trict, an itemized statement of all money received and dis- bursed by the treasurer of the board within the school year last preceding. [70 v. 195, § 66.] Sec. 4054. Each clerk shall, at the expiration of his term of office, deliver to his successor all books and papers in his hands relating to the affairs of his district, including cer- tificates, and copies thereof, and reports of school statistics, filed by teachers. [70 v. 195 § 84.] Sec. 4055. The auditor of each county shall furnish to the clerk and treasurer of each school district in his county a suitable blank book, made according to the form prescribed by the commissioner of common schools, in which each shall keep an account of the school funds of his district; the clerk's account shall show the amounts certified by the county auditor to be due the district, all sums paid to the treasurer from other sources on his order, and all orders drawn by him on the treasurer, and upon what funds and for what purposes drawn ; the treasurer's account shall show the amounts re- ceived from the county treasurer, all sums received from other sources on the order of the clerk, and the amounts paid out, and from what fund and for what purposes paid ; and a separate account of each fund shall be kept, and each account shall be balanced at the close of the school year, and the bal- ance in the treasurer's hands belonging to each fund shown. [70 v. 195, § 84.] Sec 4056. The board of education may fix the compen- sation of clerk and treasurer; the allowance made to the treas- Order illegally issued. Acceptance of orders. (/). If an order has been illegally issued, the board of education should recall it, and in case of refusal to return, they should enter a suit in equity to recover it or have it canceled. ig). If a school treasurer indorses an acceptance of an order drawn on him, he is obliged thereby to retain proper funds to meet it. But this even is not permissible, unless the order itself is unimpeachable. 50 Mo., 425. * Sec. 4056. (a). School Commissioner De Wolf and Attorney-General Nash held the opinion that the compensation provided for the township clerk under this section is not to be included in the $150 limit of section 1531, R S. * (6). See section 4052, as to duty of clerk to prepare report, and of superintendent in certain districts. SCHOOL OFFICERS GUIDE. I 1 7 Enumeration, Treasurer and Clerk. Ch. 10. urer shall not exceed one per centum of the money disbursed by him on orders of the board; but the treasurers of township districts shall be allowed as compensation one per centum on all school funds disbursed by them; and both clerks and treasurers should be paid out of the contingent fund, on the order of the board of education, but treasurers of city districts shall not be allowed compensation for disbursing the school funds; but before such order for pay of treasurer shall be made he shall present to the board the auditor's certificate of dis- charge provided for in section four thousand and forty-four, Revised Statutes, and before such order for pay of clerk shall be made he shall present to the board a statement, officially signed and certified by the auditor, that he has returned all the reports of statistics for that year required by this title. [70 v. 195, § 49 ; 80 v. 195 ; 85 v. 194.] CHAPTER 11. KEPORTS. Section 4057. Annual report by board of edu cation. 4058. In what form to be made, etc. 4059. Reports by superintendents and teachers. 4060. Duties of county auditors as to school statistics, etc. Section 4061. Penalties against auditor and clerk. 4062. When auditor to appoint person to make reports. 4063. Fu i ther penalties against auditor. 4064. Compensation of auditor. Its connection. Sec. 4057. The board of education of each district shall Annual report make a report to the county auditor, on or before the first day ucatioD. of September in each year, containing a statement of the re- ceipts and expenditures of the board, the number of schools sustained, the length of time such schools were sustained, the enrollment of pupils, the average monthly enrollment, and average daily attendance, the number of teachers employed, and their salaries, the number of school -houses and school rooms, and such other items as the commissioner of common schools may require. [70 v. 195, § 75 ; 85 v. 195.] Sec. 4058. The report shall be made on blanks which . In what form shall be furnished by the commissioner of common schools to tobemade.ete. the auditor of each county, and by the auditor to each school clerk in his county ; and each board of education, or officer n8 OHIO SCHOOL LAWS. Ch. 11. Reports. or employe thereof, or other school officer in any district or county, shall, whenever the commissioner so requires, report to him direct, upon such blanks as he shall furnish, any state- ments or items of information that he may deem important or necessary. [70 v. 195, § 75.] Reports by su- ^ec. 4059. Boards of education shall require all teachers and^eachere 6 an< ^ superintendents to keep the school records in such man- ner that they may be enabled to report annually to the county auditor, as required by the provisions of this title, and may withhold the pay of such teachers as fail to file with the clerk the reports required of them; they may require superintend- ents to report each year such matters as they deem important or necessary for information in regard to the management and conduct of the schools, and to make such suggestions and recommendations as they may deem advisable relative to methods of instruction, school management, or other matters of educational interest ; and the board of each city district of the first clas3 shall prepare and publish, annually a report of the condition and administration of the schools under its charge, and include therein a complete exhibit of the finan- cial affairs of the district. [70 v. 195, § 76.] What record should show. Sec. 4059 (a). Boards of education have power to supply themselves with all blank books, order books, and stationery necessary for the transac- tion of their official business, and also to supply teachers with registers and necessary stationery. (b). Every teacher should keep a daily record of the attendance of each pupil enrolled in his school, and for this purpose should be supplied by township or other district board with a suitable school register. (c). Every teacher should record in permanent form the scholarship of each pupil, including in the record, as left at the end of each term, the point in each text-book reached by the pupil. In the rural schools, at least, it is better that the same register which is used for recording attendance, be used to record the standing of the pupils also for each term, as a matter of great convenience to the incoming teacher. These registers should be re- turned each term to the clerk of the board of education, and it would be well if all boards would adopt the rule that no order should be issued to a teacher for his final payment until such deposits had been made. It would also be well if the teachers in rural districts were required to send to the clerk, for the information of the board, a statement as to the advauced classes of the school, the points they have reached in their studies, and whether these advanced pupils intend to prosecute their studies further, in order that boards may intelligently provide instruction for such pupils. SCHOOL OFFICERS GUIDE. I 19 Reports. Ch. 11. Sec. 4060. The auditor of each county shall, on or before Du *y° f ^J^ J ' auditor as to the twentieth day of September, annually, prepare and trans- tics°etc. tatis " mit to the commissioner of common schools, an abstract of all the returns of school statistics made to him from the sev- eral districts in his county, according to the form prescribed by the commissioner, and a statement of the condition of the institute fund, and such other facts relating to schools and school funds as the commissioner may require ; he shall, also, cause to be distributed all such circulars, blanks, and other papers, including school laws and documents, in the several school districts in the county, as the commissioner may law- fully require ; and if the auditor neglect to prepare and re- turn any of the abstracts or reports herein required, the county commissioners shall withhold from him all compensation for his services under this title. [70 v. 195, § 123 ; 85 v. 195.] Sec. 4061. The auditor shall, also, be liable on his bond Penalties against audi- for any such neglect, in a sum not less than three hundred tor and clerk. nor more than one thousand dollars, on complaint of the commissioner of common schools; and if the clerk of the board of education of any district fail to make the annual returns of school statistics required by this title, to the county auditor, he shall be liable on his bond, in a sum not less than fifty nor more than three hundred dollars, on complaint of the county auditor or of the board of education, to be recovered in a civil action in the name of the state, and when collected to be paid into the county treasury, and applied to the use of common schools in such district. [70 v, 195, § 123 ] Sec 4062. Upon the neglect or failure of the clerk of the board of education of any district to make the reports re- toaDpoim per' quired in this title, and by the time specified, the county au- ports° m ditor shall appoint some suitable person, resident of the district, to make such reports, who shall receive the same compensa- tion therefor, and in the same manner, as is allowed by law for like services. [70 v. 195, § 123.] Sec. 4063. A county auditor who willfully or negligently Further penal . fails, in any year, to transmit to the commissioner of common ditorf ain6t au ' schools the abstract of enumeration required by section forty hundred and thirty nine, or to perform any other duty required of him in this title, shall be liable on his bond to the extent of twice the sum lost to the school districts of his county in 120 OHIO SCHOOL LAWS. Ch. 11. Reports. Compensa- tion of audi- tor. consequence of such failure, which sum shall be recovered in a civil action against him, on his bond, in the name of the state, before any court of competent jurisdiction ; and the money so recovered shall be paid into the county treasury, for the benefit of such districts, and apportioned in the same manner as the school funds so lost would have been appor- tioned. [70 v. 195, §§ 81, 124.] Sec. 4064. The commissioners of each county shall allow the county auditor, annually, a reasonable compensation for his services under this title, not to exceed five dollars for each city, village, special, and township school district in his county, to be paid out of the county treasury ; but before such allowance shall be made for any year the auditor shall pre- sent to the commissioners a statement, officially certified and signed by the commissioner of common schools, that he has transmitted to the commissioner all reports and returns of statistics for that year required by this title. [70 v. 195, § 125.] CHAPTER 12. EXAMINERS. Section 4065. State board — appointment, term of office, and vacancy. Board may grant life certificates ; record thereof, etc. Effect thereof ; may be revoked for cause. Fee for examination. County boards — appointment, term, and vacancies. President and clerk, and certain duties of clerk. Meetings of board, and fee for examination. Disposition of fees. Validity and revocation of certifi- cates. 4074. Certificate a pre-requisite to em- ployment ; special duties. 4075. Compensation and incidental ex- penses of board. 4066. 4067. 4068. 4069. 4070. 4071. 4072. 4073. SECTION 4076. Annual report of clerk, and his bond. 4077. Boards of city districts of first- class. 4078. Standard of qualification for teachers. 4079. Organization of board ; bond of clerk. 4080. Meeting, and publication of notice. 4081. Examination fee ; power of board. 4082. Compensation of examiners ; in- cidental expenses. 408S. Duties of clerk; disposition of fees. 4084. Boards of city districts of second class and village districts. 4085. Who ineligible as examiner. STATE BOARD OF EXAMINERS. State board of examiners, term. Sec 4065. There shall be a state board of examiners, which shall consist of five competent persons, resident[s] of the state, to be appointed by the state commissioner of common schools, not more than three of whom shall belong to the SCHOOL OFFICERS GUIDE. 121 Examiners. Ch. 12. same political party. The terms of office of such examiners shall be five years ; the terms of one of the examiners shall expire on the 31st day of August, each year ; [and when one of which shall expire on the 31st of August every year] ; and when a vacancy occurs in the board, whether from ex- piration of the term of office, refusal to serve, or other cause, the commissioner shall fill the same by appointment for the full or unexpired term, as the case demands. [70 v. 195, § 85 ; 85 v. 330]. Sec. 4066. The board thus constituted may issue three „ J May issue life grades of life certificates to such as are found to possess the Jgjj^JJJJf 68 oi requisite scholarship, and who exhibit satisfactory evidence s rades - of good moral character and of professional experience and ability ; the certificates shall be for different grades of schools according to branches taught, and shall be valid in the schools specified therein. The clerk of the board shall keep a record clerk's record of the proceedings, showing the number, date and grade of each certificate, to whom granted, and for what branches of study, and shall report such statistics to the commissioner, annually, on or before the 31st day of August. [70 v. 195, § 87 ; 78 v. 31 ; 85 v. 330]. Sec. 4067. All certificates issued by such board shall be Effect there . countersigned by the commissioner of common schools; and revokedfor such certificates shall supersede the necessity of any and all other examinations of the persons holding them, by any board of examiners, and shall be valid in any school district in the state, unless revoked by the state board for good cause. 170 v. 195, § 87]. Sec 4068. Each applicant for a certificate shall pay to the board of examiners a fee of five dollars; and the clerk of the board shall pay to the state treasurer, all fees received, and file with the state auditor a written statement of the amount. Each member of the board shall be entitled to re- compensa- ,,,. ., -,. tion and ex- ceive five dollars for each day he is necessarily engaged in penses of ex- aminers. official service, and also six cents per mile each way for traveling from and to his place of residence, by the most direct route of public travel to and from the places of meet- ings of the board, to be paid out of the state treasury on the order of the state auditor ; all books, blanks and stationery required by the board shall be furnished by the secretary of state. [70 v. 195, § 88, 85 v. 330]. Fee for exam- ination. 122 OHIO SCHOOL LAWS. Ch. 12. Examiners. County boards; num- ber, terms, revocation. No book agent or book seller can be examiner. President and clerk of board of county school exam- iners ; duties of clerk. Sec. 4069. There shall be a board of examiners for each county, which shall consist of three competent persons, to be appointed by the probate judge ; such persons shall be resi- dents of the county for which they are appointed, and shall not be connected with or interested in any normal school or school for the special education or training of persons for teachers; if an examiner becomes connected with or in- terested in any such school, his office hall become vacant thereby; the term of such office of such examiners shall be three years ; the term of one of the examiners shall expire on the 31st day of August each year; but the probate judge may revoke the appointment of any examiner upon satisfactory proof that he is inefficient, negligent or guilty of immoral conduct ; when a vacancy occurs in the board, whether from expiration of the term of office, refusal to serve, or other cause, the probate judge shall fill the same by appointment for the full or unexpired term, as the case demands; and within ten days after an appointment, the probate judge shall report to the commissioner of common schools the name and post-office of the appointee, and whether the appoint- ment is for a full or unexpired term ; and no person ishall be appointed to the position or exercise the office of state, county, city or village examiner of teachers who is the agent of or is interested in any book-publishing or book-selling firm, company or business. [85 v. 330.J Sec 4070. The board shall organize by choosing from its members a president and clerk; the clerk shall keep a record of the proceedings, showing the number and date of each certificate issued, and to whom, for what term, and for what branches of study, and such other statistics relating to the examination and proceedings as the commissioner of com- mon schools may require, and shall report such statistics to the commissioner annually on or before the first day of Se- tember; and such boards may make all needful rules and regulations for the proper discharge of their duties. [70 v. 241, §95; 85 v. 195.] Who may be examiner. Section 4069. As the statute requires that an examiner shall be a resident of the county in which he is appointed, so the Constitution, Art. XV, section 4, declares that " no person shall be elected or appointed to any office in this state, unless he possesses the qualifications of an elector." Sec. 4070. The prosecuting attorney is the legal adviser of county boards of examiners. See section 1274, K. S. SCHOOL OFFICERS GUIDE. 123 Examiners. Ch. 12. Each board shall fix upon the place and times Meetings of board, una lee Sec. 4071. for holding meetings for the examination of applicants for cer- tificates, notice of which shall be published in some news- paper of general circulation in the county; the meetings, of which there shall not be moie than eighteen in any year, shall be held at such place in the county as will, in the opinion of the board, best accommodate the greatest number of appli- cants; a majority of the board may examine applicants and grant certificates; and as a condition of examination each ap- plicant shall pav to the board a fee of fifty cents. [70 v. 195, §§ 90 ; 91.] for examina- tion. Sec. 4071 (a). The law provides for several, not more than eighteen, duly advertised meetings of the board for the examination of teachers. The notice seems designed for the accommodation of the teachers and ex- aminers both, and probably to prevent star chamber examinations. The limited number of meetings provided for is evidently designed to limit the expense to the state. It is nowhsie expressly declared that the board shall not grant certificates to individuals except at such advertised meetings. As, however, the law has made of three competent persons a board of exam- iners, it knows no individual person or persons, as such, who have power to examine, or to determine the qualifications of teachers. It requires the official judgment of three men, or a majority of them, on every question submitted to examiners for decision. (b). A board duly organized, with its president and clerk, constitutes the authoritative body to which the state has entrusted these serious and important duties. Certainly, no meeting for the examination of a teacher would be able, in any emergency, to give a legal certificate, of which meet- ing all the members' have not had due notice, unless this defect is cured by the actual presence of all three of the members, with common consent to proceed with the examination. (c). No teacher can draw pay for teaching a single day without a cer- tificate which covers all the branches he assays to teach, and the penalty is severe as to him, and as to the members of any board of education, and any clerk or treasurer who shall unlawfully pay out the money of the state — see section 6841. A dilemma may be presented under the law itself, which can only be met by considering and conforming to the strongest purpose of the law. This purpose would seem to be that the schools shall be kept up, and shall only be taught by persons holding certificates. Thus, perhaps, a board may be justified in holding a special meeting for the examination of a teacher. It should never be done without the most urgent reasons, such as a vacancy occasioned by death, or a like pressing emergency. It can hardly be claimed that such special, unadvertised meeting is such a meeting as is directly provided for by law, and for which pay can be drawn. (d). It seems that examiners have, in some cases, advertised meetings for the examination of candidates for, say, three years' certificates only. It is difficult to see the legality or expediency of such proceeding. Have not all candidates a right to appear at any of the public advertised meetings Number of examinations. Private ex- aminations. Notice of meeting. Certificate must cover all branches taught. Special meet- ing extreme cases. Examina- tions for spec- ial grade cer- tificates. 124 OHIO SCHOOL LAWS. Ch. 12. Examiners. Disposition of fees. Certificates valid, when and where. Sec. 4072. The clerk of the board shall pay to the county- treasurer, quarterly, all fees received, and rile with the county auditor a written statement of the amount, and of the num- ber of applicants, male and female, examined during the quarter; and such money shall be set apart for the support of teachers' institutes, and applied as provided in chapter thirteen. [70 v. 195, § 91 ; 83 v. 40.J Sec. 4073. The board may grant certificates for one, two and three years from the day of examination, which shall be valid in the county wherein they are issued, except in city and village districts that have boards of examiners, in which Board must decide as to each appli- cant.} Assistance of experts! Delegation of official trust. Signature, wrong initials. provided for by law? If one fails in a trial for a three years' certificate, may he not be found qualified to receive a two years' certificate without the trouble and expense of another journey and another fee? (e). It has been decided by two or more common pleas courts of Ohio, " that the examination of the candidate, and determination to grant the certificate being official acts, can only be legally performed at a session of the board duly organized, and that the whole board, as such, is to decide re- garding the qualifications of each applicant to teach each branch certified to." See also case of McCortle v. Bates, 29 O. S., 419, as quoted quite in full under section 3982. All its reasoning regarding boards of education applies equally to examining boards. (/). The board may, in certain cases, call in the aid of a specialist to examine a candidate for them in specific branches. But the official mind, as, in cases at the bar, the "judicial mind," must itself be satisfied — in this case by the testimony of the expert — that the candidate is qualified in each branch, and the board must certify to this. (g). An official trust cannot be delegated. See III. Central Law Journal, page 472. The board has no authority, therefore, to appoint a substitute to perform the duties of any of its members. A certificate depending on the signature of such substitute for its validity, is worthless. As all citiztns are bound to know the law, so candidates and school author- ities are bound to know who are legal, or, at least, de facto public officers. * (i). If a person ineligible to the office of examiner has been appointed in good faith, and without knowledge of this ineligibility, it is probable his acts as examiner would be held valid in a court of law, as the acts of an officer de facto though not de jure. But it is clear that after the attention of the interested parties has been called to this ineligibility, that all the future acts of such ineligible person as an examiner will be null and void, and that any certificate depending on the signature of such person for its validity, will be without legal value. (h). An officer commissioned under the initials J. H., signs his true initials A. J., to a certificate, A. J. being the person in fact intended and appointed, the act and signature are held sufficient by the Supreme Court of Ohio. See N. B. Gates, treasurer, vs. Beckwith, in II. Western Law Monthly, page 589. SCHOOL OFFICERS GUIDE. 1 25 Examiners. Ch. 12. they shall not be valid ; and the examiners may grant certifi- cates for five years to such applicants as in addition to the necessary qualifications, have been for three years next pre- ceding their application engaged in teaching, twelve months of which experience shall have been in one place: and such whatcertifi- • n r n 1111 11 ,, cates renewa- certificate for five years shall be renewable upon the same bie, and now. conditions but without examination, at the direction of the examining board ; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent or How certui- negligent, the examiners, orany two of them, may revoke the revoked,and certificate; but such revocation shall not prevent a teacher from receiving pay for services previously rendered ; and when any recipient of a certificate is charged with intemper- ance or other immorality, the examining board shall have power to send for witnesses and examine them on oath or affirmation touching the matter under investigation. The fees and other expenses of such trial shall be certified to the county auditor by the clerk and president of the examining board, and paid out of the county treasury upon the order of the auditor." [70 v. 195, § 92 ; 79 v. 83 ; 81 v. 55 ; 85 v. 331.] Sec. 4074. No person shall be employed as a teacher in Qualifications a common school who has not obtained from a board of ex- of teachers ' aminers, having competent jurisdiction, a certificate of good moral character, and that he or she is qualified to teach orthography, reading, writing, arithmetic, geography, English grammar and the history of the United States, and possesses an adequate knowledge of the theory and practice of teaching, and if required to teach other branches that he or she has the requisite qualifications; but persons who desire or are ex- pected to teach only special studies, such as music, drawing, painting, penmanship, gymnastics, German or French, or any one of them, or the primary department in any graded school, may be examined in regard to such study or studies above mentioned, or with special reference to their qualifica- Sec. 4072. This section, together with section 4076, implies that the urerVf 8 board, clerk is also treasurer of the hoard of examiners. In the latter section, the state requires of him a bond for the payment to the auditor of all moneys that come into his hands as fees. This will probably relieve the other examiners of joint personal responsibility with him for such payment, as he, alone, is authorized to handle the funds, and the state assumes the full control of his acts under such bond. The other examiners should see, as a matter of interest to them, that the clerk conforms to this, and other Special, requirements of the law, as to records, reports, and the like. The law is careful to prescribe the limit of the expenses to be drawn. But it also pre- 126 OHIO SCHOOL LAWS. Ch. 12. Examiners. Primary. tions to teach in such primary department only, and having obtained a certificate of qualification therein, and of good moral character may be employed to teach such study or studies, or in such primary department ; provided, that after January 1, 1889, no person shall be employed as a teacher in any common school who has not obtained from such board of examiners a certificate that he is qualified to teach physiology and hygiene. [71 v. 107, § 93; 79 v. 70; 85 v. 331.] Antedating certificates. Amount and kind of exam- ination. Discretion of examiners. Causes for re- vocation. Notice of re- vocation. scribes that the money shall be drawn only for necessary and actual, not con- structive expenses, and that such expenses for each quarter shall be paid out of the funds received during that quarter. Tbis includes the necessary traveling expenses, or such hotel bills, as are actually and necessarily paid out, in the discharge of duties prescribed by law. Sec. 4073 (a). The board may grant certificates of the four grades only, and since the statute uses the language "from the day of examina- tion," it seems to give no authority to antedate a certificate. (6). The law does not prescribe the amount or kind of examination which the board shall employ to satisfy themselves of the qualifications of each applicant. It rests on the discretion of the board to determine whether it is necessary to subject a teacher who has taught with marked intelligence and success, and for years, within the circuit of their knowledge, to the same rigid examination to which they subject beginners, and those of whose qualifications the examiners have no knowledge. (c). There is also no reason why examiners should not exercise theii discretion about the further examination of candidates who have failed in one or two branches, but who left at a recent session of the board a thor- oughly satisfactory record of examination in a large part of the branches. (d). The revocation of a certificate is not^strictly a judicial proceed- ing. The law which clothes the boards of examiners with discretionary power, will protect them in the proper use of it. They cannot, of course, be mulcted in damages nor removed from office, for refusing to grant a cer- tificate, nor for revoking a certificate, in the exercise of this discretion. If malice or other undue motive enter into the transaction, however, the can- didate has his remedy in the courts, and the probate judge may remove any members for such cause, as a malfeasance in office — an immorality — one of the causes enumerated in the law. (e). Manifest incompetency to teach or to govern a school, cruelty, negligence, and immorality, are enumerated as the causes that may lead to a revocation of a certificate. Intemperance is given in the law as a ground for refusing a certificate, and this is very definite instruction to annul a certificate for this cause. Habitual profanity, dishonesty, larceny, and other violations of law would certainly justify the annulling of a certificate. (/). Notice of such annulment should be given to the boards of edu- cation concerned, at least. A person cannot draw pay after his certificate is annulled. While it is proper to remember that it is a very serious thing to exclude a man from the profession, it should be remembered that it is SCHOOL OFFICERS GUIDE. \2"J Examiners. Ch. 12. Sec. 4075. Each member of the board shall be entitled compens.iti* n and expense* to receive two dollars for each day he is necessarily engaged of board - in official service, to be paid out of the county treasury on the order of the county auditor ; all books, blanks, and stationery required by the board shall be furnished by the county aud- itor. The board may contract for the use of suitable rooms in which to conduct examinations, procure fuel and light, and employ janitors to take charge of the rooms and keep them in order, and the expenses so incurred, and also the necessary traveling expenses of the examiners, which shall not in any quarter exceed one third the amount of examination fees re- ceived, together with the cost of advertising required by sec- tion 4071, shall be paid out of the county treasury on orders of the county auditor, who shall issue such orders upon the certificate of the president of the board, countersigned by the clerk. [70 v. 241, § 95 ; 83 v. 40 ] still more serious to neglect the intellectual and moral interests of pupils, and worse still to appropriate the money of the people to promote im- morality and bruti-hness. (g). Of course, a board of examiners may revoke for proper cause, a certificate granted by its predecessors. * Sec. 4074. (a). The provision of the statutes "that no person shall be employed" as a teacher unless he has obtained the certificate required by law, does not render invalid a contract for employment made with the teacher before he obtains the requisite certificate, provided he obtains it before entering upon the duties of his employment. 22 O. S.. 194. * (b). In Illinois, a certificate was not obtained till the middle of the term. A new contract was entered into at that time to pay the teacher double wages for the rest of the term. This was considered an attempt to do indirectly what there was no power to do directly ; and therefore the contract was held void. 71 111., 532. * (c). A person began teaching under a contract. He taught three weeks ; then obtained a certificate and made a written contract to run three months from the time he began teaching. Held: That he was entitled to wages after certificate was obtained, but to no pay for the previous three weeks. 20 Minn., 72. (d). No money can be legally drawn for teaching a day without a certificate, and to receive public money illegally is a crime under sections 6841 and 6846. (e). It is expressly illegal— see sections 4017 and 4018 — to pay an in- creased salary for that part of a term covered by a certificate, in case the In 1 cre * sin S certificate does not cover the whole term. (/). The principle governing communications to examining officers relative to the moral character of an applicant, or his fitness to teach, may be tions to ex- gathered from a recent decision of the Supreme Court of Michigan. Camb- board" 81 128 OHIO SCHOOL LAWS. Ch. 12. Examiners. Annual re- port of clerk, and his bond. Examiners in city districts; appointment, terms, revoca- tion. Quarterly re- port. Sec. 4076. The clerk of the board shall prepare, and forward to the commissioner of common schools, on or before the first day of September of each year, a statement of the number of examinations held by the board, the number of applicants examined, the total number of certificates granted, and the number for each term mentioned in section forty hundred and seventy-three, the amount of fees received and paid to the county treasurer, the amount received from the county treasury, by the members of the board for their ser- vices, and such other statistics and information in relation to the duties of the board as the commissioner may requir" ; and he shall deposit with the county auditor a bond, with surety to be approved by the auditor, in the sum of three hundred dollars, that he will pay into the county treasury, quarterly, the examination fees received by the board, and make the statistical returns required by this chapter. [70 v. 241, § 95 ; 85 v. 195.] Sec. 4077. There shall be a board of examiners for each city district of the first class, to be appointed by the board of education of the district ; such board may consist of either three or six persons, as the board of education may determine, and the persons appointed shall have had at least five years' practical experience in teaching, and shall otherwise be com- petent for the position, and residents of the district for which they are appointed; the term of office of such examiners shall be three years; the term of one-third of the examiners shall expire on the 31st of August each year ; but the board of education may revoke any appointment, upon satisfactory proof that the appointee is inefficient, negligent, or guilty of bell, J., held : "In the present case the communication was fully privileged. It was made by persons interested in the school to persons qualified to re- ceive and act on the petition, for an honest purpose, and with an honest belief in the justice of their action. In such cases no action can be main- tained even it the complaint is untrue, if not maliciously made." See also Foster v. Scripps, 39 Mich., 376. (a). As to penalty for bribing or attempting to bribe an officer, see section 6900. Sec. 4076 (a). As the school year begins on the first day of September of each year, the quarterly payments are to be made for the quarters ending with November, February, May and August. (6). The prosecuting attorney is, by section 1276, E. S., required to inspect the bonds of all connty officers and certify that the same are suffic- ient. SCHOOL OFFICERS GUIDE. I 29 Examiners. Ch. 12. immoral conduct; when a vacancy occurs in the board, whether from expiration of term of office, refusal to serve, or other cause, the board of education shall fill the same by ap- pointment for the full or unexpired term, as the case demands ; and within ten days after an appointment, the clerk of the board of education shall report to the commissioner of com- mon schools the name of the appointee, and whether the ap- pointment is for a full or unexpired term. [70 v. 195, § 97; 71 v. 107, §96; 85 v. 332.] Sec. 4078. Such board of examiners shall determine the Du tiesand standard of qualification for teachers, and may examine any boTrds. ° f ' city school in the district when such examination is deemed neces- sary to ascertain a teacher's qualifications, but in the ex- amination of applicants and the granting of certificates the board shall be governed by the provisions of section forty hundred and seventy-four, and to secure a thorough examina- tion of applicants in difficult branches or special studies, the board may secure the assistance, temporarily, of persons of sufficient knowledge in such branches or studies, who shall promise on oath or affirmation, to be administered by the clerk of the board of examiners, to perform the duties of ex- aminer faithfully and impartially, and superintendents of schools shall give to the board all necessary information in reference to branches and special studies to be taught, and the branches of study and grades of school which teachers will be required to teach. [71 v. 107, § 96; 85 v. 332.] Sec. 4079. The board shall organize bv choosing from jg an >zation J ° of board; its members a president and a clerk ; and the clerk shall give bondof clerk « bond in the sum of five hundred dollars, with surety to be approved by the board of education, conditioned that he will perform faithfully the duties required of him by this chapter, which bond shall be deposited with the clerk of the board of education. [70 v. 195, § 98.] Sec. 4077 (a). Nothing in the statute directly prohibits a member of Clerk, the board of education from serving on a city or village board of exam- iners, but the provisions of section 3974 would prevent his receiving pay for such services. (b). Failure to comply with the requirement to notify the commis- sioner of the appointment of a clerk has sometimes occasioned great incon- venience, as it is made the duty of that state officer, in certain cases, to look after the proper payment of fees into the treasury. 9 13° OHIO SCHOOL LAWS. Ch. 12. Examiners. Meetings of city boards.'! Examination fees; certifi- cates valid, when and; where.; ^ How'revoked, Sec. 4080. The board shall hold not less than two meet- ings each year, notice of which shall be published in some newspaper of general circulation in the district, and the ex- pense of such publication shall be paid as provided in section forty hundred and eighty-two, and all examinations of appli- cants shall be conducted at the meetings of the boards thus called, and the examination of each and every applicant shall be in the presence of at least two members of the board. [85 v. 332.] Sec. 4081. Each person who applies to the board for ex- amination shall pay to the clerk a fee of fifty cents. The board may grant certificates for one, two and three years, from the day of examination, which shall be signed by the presi- dent and attested by the clerk, and shall be valid within the district wherein they were issued ; and the examiners may grant certificates for five years to such applicants as in addi- tion to the necessary qualifications, have been for three years next preceding their application engaged in teaching, eigh- teen months of which experience shall have been in one place; and such certificate for five years shall be renewable upon the same conditions, but without examination, at the discretion of the examining board ; and on the production of satisfactory evidence that a person to whom a certificate has been issued is inefficient, or guilty of immoral or improper conduct, the board may revoke the certificate and discharge such person from employment as teacher in the district; but such teacher shall be entitled to pay for services to the time of such discharge, and the word teacher shall be held to in- clude superintendent of schools ; and when any holder of a certificate is charged with intemperance or other immorality, the board shall have power to send for witnesses and examine them on oath touching the matter under investigation. [70 v. 195 ; 72 v. 114; 77 v. 7; 78 v. 87; 85 v. 333.] Sec. 4081 (a). There is no law making certificates granted by city boards of examiners good in the country if endorsed by the county exam- iners. * (6). A county board, however, may legally issue a certificate of its own on the city certificate, without an examination, if the board is satisfied that this city certificate presents sufficient evidence that its holder is qual- ified to teach in the schools of the county. SCHOOL OFFICERS GUIDE. 131 Examiners. Ch. 12. Sec. 4082. The board of education"shall' , fix the'compen- compensa^ " ' * f tion 01 ex» exam- sationjpf such examiners, and the persons called to their J^n"^^? assistance, furnish the necessary books, blanks, a'nd station- P enses - ery for their use, and designate a school building within the district in which they shall conduct examinations, and cause such building to be lighted and heatfd if necessary ; and such ' compensation, and the incidental expenses incurred on account of the board of examiners, shall be paid, by order of the board of ^education, from the contingent fund of the dis- trict. [71 v. 107, § 96.] Sec. 4083. The clerk shall keep a record of the proceed- City and vil ings of the board, and of such statistics as the commissioner erf? duties"' of common schools may require, and shall report such statis- disposition tics to the commissioner annually, on or before the first day ° ees ' of September; he shall pay the examination fees received by him to the treasurer of the district within ten days after each meeting, and at the same time file with the clerk of the board of education a written statement of the amount, and also a statement of the number of applicants, male and female, examined, and the number of certificates granted, and for what terms; and the fees paid to the treasurer of the dis- trict shall be applied to the support of teachers' institutes, as provided 'in chapter thirteen. [70 v. 195, § 98; 85 v. 198.] Sec. 40S1. The provisions of this chapter, relating to Board of boards of examiners, for city districts of the first class, shall mem for city districts, see- be applicable to such boards for city districts of the second ond class and r r " village dis- claSS and village districts having an enumeration of not less tricts - than seven hundred youth of school age; except that such boards shall consist of three members, and except also that * Sec. 4085. Various interpretations of the meaning of this section have been given. This has arisen from the different definitions given the word "school" in the several sections of the country. Ey "school" is meant in some of the cities and towns of the eastern states, each room of pupils in a school building; but generally there, as in the West, "school" means all the pupils of a division of a city, town, or village, made for school purposes, gathered into one building, or sometimes more than one. And the same definition applies to sub-districts. In any system of schools entitled to a city board of examiners, the superintendent, who is not connected with any one school specially, but with the system as a whole, can be a member of the board (and ought always to be so) and as many of the teachers as the board of education may choose to select, pro- vided no two of them are from the same building. 132 OHIO SCHOOL LAWS. Ch. 12. Who ineligi- ble as exam- iner. Examiners. the examination fees shall be disposed of, and statements filed with the county auditor, as provided in section four thousand and seventy-two, in all such districts not covered by the provisions of section four thousand and ninety-three. [70 v. 195; 72 v. 114; 78 v. 87; 83 v. 35 ; 85 v. 30.] Sec. 4085. No board of county, city, or village examin- ers shall have more than one member connected with, the same school. CHAPTER 13. TEACHERS' INSTITUTES. Section 4086. County institutes — how organ- ized, etc. 4087. Payment of institute fund to coin- ni'ttee. 4088 Report < f institute committee. 4089. Forfeiture of committee's bond. 4090. When school commissioner may hold institute. Section 409i. Teachers may dismiss school to at- tend institute. 4092. Institute for city district of first class. 4093. Institute for teachers of adjacent counties, 4094. Length of sessions; reports of cer- tain institutes. Organization. Election of officers. Bond. Sec. 4086. A teachers' institute may be organized in any county, by the association of not less than thirty practical teachers of common schools residing therein, who shall de- clare their intention in writing to attend such institute, the purpose of which shall be the improvement of such tpachers in their profession; such institute shall elect annually, by ballot, a president, secretary and also an executive committee to manage the affairs of the institute, which committee shall enter into a bond, payable to the state of Ohio, with sufficient surety, to be approved by the county auditor, in double the amount of the institute fund in the county treasury, for the benefit of the institute fund of the county, and con- ditioned that the committee shall account faithfully for the money which will come into its possession, and make the re- port to the commissioner of common schools, required by sec- tion four thousand and, eight, and such election of officers * Sec. 4086. The purpose of a teachers' institute being the im. provement of the teachers entitled to its privileges in their profession, it clearly follows that the instruction given therein should be mainly upon methods of teaching and the management of schools. SCHOOL OFFICERS GUIDE. 1 33 Teachers' Institutes. Ch. 13. shall be held during the session of such institute, and at a time fixed by the executive committee thereof, of which elec- ^o™ce a of elec- tion at least three days' notice shall be given the members of tlon- such institute by posting conspicuously in a room, where such institute is held, a notice of the time and place of hold- ing such election. [70 v. 195, § 112 ; 84 v. 230.] Sec. 4087. The declaration and bond mentioned in sec- Payment of tion forty hundred and eighty-six shall be filed with the county to commute, auditor, whereupon the auditor shall give to the institute committee an order on the county treasurer for the amount of the institute fund in the treasury; and any portion of said fund not disbursed by the committee, shall be returned to the county treasury on the certificate of the county auditor. [70 v. 195, § 112.] Sec. 4088. The institute committee shall, within five Teachers' in- days after the adjournment of the institute, report to the port of com- mi ttcc commissioner of common schools, the number of teachers in attendance at the institute, the names of instructors and lec- turers, the amount of money received and disbursed by the committee, and such other information relating to the insti- tute as the commissioner may require; and on failure to make such report the committee shall forfeit and pay to the state the sum of fifty dollars. [70 v. 195, § 112 ; 85 v. 196 ] Sec. 4089. Upon the forfeiture of the committee's bond, Forfeiture of the prosecuting .attorney of the county shall prosecute an boud. action thereon, in the name of the state, and collect any money which the committee may have failed to disburse according to law, and any penalty to which the committee may be liable under this chapter, and pay the same into the Skc. 4091 (a). The privilege of dismissing the schools for one week's attendance on the teachere' institute is granted to teachers in ' cities of less than ten thousand inhabitants, without action by the board of education. See section 3886. The teacher cannot, under the law, draw pay for the work, however. The iast clause of the section implies that a majority of the teachers in a Bystem of schools may effect their dismissal though the minority of the teachers oppose it. (6). The law under this section does not provide that teachers shall require pay for their attendance at the institute ; but the board may by resolution allow them their regular salaries during such attendance. No teacher, however, can be paid for more days than he was actually present. 134 OHIO SCHOOL LAWS. Ch. 13. Teachers' Institutes. When school commissioner may hold in- stitute. Teachers may dismiss school to attend insti- tute. Institutes for city districts of the first class. county [treasury, to the credit of the institute* fund. [70 v. 195, § 112.] Sec. 4090. When a teachers' institute has not been held within two years n any county/the commissioner of common schools may hold or cause to be held therein suchunstitute ;. and the management thereof and all proceedings jin rela- tion thereto, shall be the same as herein before provided, except that the written declaration required shall not be necessary. [70 v. 195, § 114.] Sec. 4091. All teachers of common schools within any county in which a county institute is held, except those em- ployed in city districts of the first class, may dismiss their schools for the purpose of attending such institute, for the week in which it is held ; and boards of education of city dis- tricts of the first class situate within such counties may, by resolution, extend the privilege specified above to the teach- ers employed by them; but no union or graded school shall be dismissed for such purpose unless a majority of the teachers employed therein assent thereto. [70 v. 195, § 117.] Sec. 4092. The board of education of each city district of the first class may provide for holding an institute yearly, for the improvement of the teachers of the common schools therein ; the expenses of such institute shall be paid from the institute fund provided for by section forty hundred and eighty- three; if the board of any district do not provide for such institute in any year, it shall cause the institute fund in the hands of the district treasurer to be paid to the treasurer of the county wherein the district is situate, who shall place the sama to the credit of the county institute fund, and the teachers of the schools of such district shall be entitled, in such case, to the advantages of the county institute, subject Disposition of Sec. 4092. By section 4083, the clerk of the city board of examiners is bound to pay all fees received from candidates to the treasurer of the district. By this section, in case the city teachers hold no institute, the board of education is to see that their treasurer pays over the whole amount of the fees to the county treasurer for the use of county insti- tutes. In some cases this duty has been neglected, and much trouble and expense have been occasioned by the action necessary to secure this money for its legitimate purposes. It is the duty of the state com- missioner te see that the reports to his office show this to have beer* done. SCHOOL OFFICERS GUIDE. 135 Teachers' Institutes. Ch.^13. to the provisions of the preceding section ; and the clerk of the board shall make the report of the institute required by section forty hundred and ninety-jour. [70 v. 195, § 118.] Sec. 4093. An association of teachers of several adjacent institutes"** . . ... r ,-, • n r tenchers of counties may organize an institute tor the specific purpose ot adjacent, providing for the professional instruction of the teachers of the graded schools in such counties, and the boards of all city, village, and special districts within such counties may contribute from the institute and contingent funds under their control, to defray the expenses thereof, and may permit teachers employed by them to attend the institute one week ; and such institute shall appoint a secretary, who shall make the report required by the next section. L70 v. 195, § 119.] Sec. 4094. All institutes held under the provisions of Length of this chapter, except the institute provided for by section of certain in- stitutes. forty hundred and ninety-three, shall continue at least four days ; and a report of each institute held in pursuance of the provisions of sections forty hundred and ninety-two and forty hundred and ninety-three, shall be made to the commissioner of common schools within five days after the adjournment thereof, which shall state the number of teachers in attend- ance, the names of the instructors and lecturers, the total expenses of the institute, and the portion thereof paid from institute funds, and such other information relating to the institute as the commissioner may require. [70 v. 195, §§ 113, 115,118; 85 v. 196.] * Secs. 4086-4094 (a). Institutes are the people's training schools. No matter how great the facilities for instruction in normal schools a state may possess, the fact will remain that the mass of teachers must get what they are to learn of methods of teaching and the management of schools elsewhere. In our state, particularly, we must look to the in- stitute to do this work. * (6). Professional zeal forms a large element in the success of teachers ; and in no way can this success be better shown than by a faith- ful attendance on the teachers' institute and an active interest in its work. Boards of examiners are, therefore, fully justified in taking this attendance and this interest into consideration in making up the stand- ing of candidates in the theory and practice of teaching. 136 OHIO SCHOOL LAWS. Ch. 14. Cincinnati and Toledo Universities. CHAPTER 14. CINCINNATI AND TOLEDO UNIVERSITIES. Section 4095.^, Common council of Cincinnati may accept educational trusts. 4096. How trust funds 10 be applied. 4097.,. Trusteeship to vest in city, etc. 4098.1. Board of directors, how appoint- ed, etc. 4099. Powers of board . 4100.gj4Citizens not to be charged for ad- mission of children. Section 4101. \ccounts and expenditures. 4102. When board may confer degrees. 4103. Site and grounds. 4104. When and how tax may be levied. 4105. Provisions of chapter applicable to city of Toledo, Commonjcoun- cil of Cincin- nati may ac- cept educa- tional trusts. How'trust funds are to be. applied. Sec. 4095. The common council of the city of Cincin- nati, in the name and behalf of the city, may accept and take any property or fun'is heretofore or hereafter given to the city for the purpose of founding, maintaining, or aiding a university, college, or other institution for the promotion of free education, and upon such terms, conditions, and trusts, not inconsistent with law, as the common council may deem expedient and proper for that end. [67 v. 86, § 1.] Sec 4096. For the further endowment, maintenance, and aid of any university, college, or institution for the pro- motion of free education heretofore or hereafter so founded in said city, the common council thereof may, in the name and in behalf of the city, accept and take, as trustee, and in trust for the purpose aforesaid, any estate, property, or funds which have been or may be lawfully transferred to the city for such use, by any person or body corporate having the same, or any annuity or endowment in the nature of income which may be covenanted or pledged to the city toward such use by any person or body corporate ; and any person or body corporate having and holding any estate, property, or funds, in trust or applicable for the promotion of education, or the advance- ment of any of the arts or sciences, may convey, assign, trans- fer, and deliver over the same to said city, as trustee in his or its place, or covenant or pledge its income, or any part thereof, to the same ; and such estate, property, funds, or in- come shall be held and applied by such city in trust for the further endowment or maintenance of such university, college, or institution in accordance, nevertheless, with the terms and true intent of any trust or condition upon which the same was originally given or held. [67 v. 86, § 2.] SCHOOL OFFICERS GUIDE. I37 Cincinnati and Toledo Universities. Ch. 14. Sec. 4097. Upon such transfer, and the acceptance there- j r r °^f t e fn ip of, the city and its successors, as trustee, shall become and be city> etc - perpetually obligated and held to observe and execute such trust, in all respects, according to any further terms and con- ditions lawfully agreed upon at such transfer and acceptance; and any court having jurisdiction of the appointment of trustees of such trusts for educational purposes may, in any proceeding for that purpose duly instituted and had, appoint and constitute said city, with the consent of the common council thereof, trustee of the estate, property and funds so transferred to it, and may dispense with the bond or surety on the part of the city for the performance of such trust, un- less the same is required by the original terms or conditions thereof, and shall, upon the due transfer and acceptance of such trust by the city, release and fully discharge the trus- tee or trustees so transferring the same. [67 v. 86, § 2.] Sec. 4098. The custody and management of any and all Boards of di- ' ° 7 ■» rectors of Cin- estates, property, or funds so given, or transferred in trust to cinnatiand » -r x- •" e> 1 Toledo umver- said city, and the entire administration of any and all such Pointed trusts so accepted by the common council thereof, and any university, college, or institution for the promotion of educa- tion heretofore or hereafter so founded in or by said city, except the common and high schools thereof, shall be com- mitted to a board of nineteen directors, of whom the mayor of the city shall be one, and the others shall be appointed by the common council from persons of approved learning, dis- cretion and fitness for the office, citizens of the city, six of whom shall be appointed from persons nominated to the common council by the board of education of the city, and twelve from persons nominated to the common council by the superior court of said city, if there be such court; the terms of office of each director shall be six years, but of those first appointed, three shall be appointed for one year, three for two years, three for three years, three for four years, three for five years, and three for six years, from the first day of Janu- ary next following their appointment ; such directors shall serve until the election or qualification of their successors, and any vacancy in the board caused by expiration of term, resignation, removal, or other cause, shall be filled by ap- pointment as herein provided, for the unexpired term. £67 v. 86, §3; 78 v. 178.] I38 OHIO SCHOOL LAWS. Ch. 14. Cincinnati and Toledo Universities. Powers of Sec. 4099. As to all matters not herein or otherwise pro- vided by law, the directors shall have all the authority, pow« ers, and control vested in or belonging to said city, as to the management and control of the estate, property, and funds given, transferred, covenanted, or pledged to the city for the trusts and purposes aforesaid, and the government, conduct, and control of the university, college, or institution so founded • they may appoint a clerk, and all agents proper and necessary for the care and administration of the trust property, and the collection of the income, rents, and profits thereof, ma)* appoint the president, professors, tutors, instruc- tors, agents, and servants necessary and proper for such uni- versity, college, or institution, and determine "their compen- sation, may provide all the necessary buildings, books, appa- ratus, and means and appliances, and pass all such by-laws, rules, and regulations concerning the president, professors, tutors, instructors, agents, and servants, and the admission, government, and tuition of students, as they deem wise and proper; but they may, by suitable by-laws delegate and commit the admission, government, management, and control of the students, course of studies, discipline, and other inter- nal affairs of such university, college, or institution, to the faculty which the directors may appoint from among the pro- fessors. [67 v. 86, § 3.] citizens not to Sec. 4100. The citizens of said city, whose children, admission of ° r wards or apprentices are admitted to such institution, shall not be charged for such admission, and no charge shall be made for the instruction of such pupils. [67 v. 86 § 3.] Accounts and Sec. 4101. The accounts of such trust estate, property,. expenditures. and fundg) an d f the income and expenditure thereof, shall be kept by the city auditor entirely distinct from all other accounts or affairs of the city, and the moneys shall be kept by the city treasurer distinct from other moneys ; and the di- rectors shall at all times confine the expenditures within the income of the trust estate, property, and funds, and shall an- nually report to the common council a fall statement of the accounts and administration of such trusts. [67 v. 86, § 3.] when board Sec. 4102. The directors of such university, college, or grees C ° nfer de " institution may, upon the recommendation of the faculty thereof, confer such degrees and honors as are cus- SCHOOL OFFICERS GUIDE. 139 Cincinnati and Toledo Universities. Ch. 14. tomary in universities or colleges in the United States, and such others as, with reference to the course of studies and at- tainments of the graduates in special departments, they may deem proper. [67 v. 86, § 4.] Sec. 4103. The common council of said city may set site and •i t j j grounds. apart and appropriate, as a site for the buildings and grounds of the university, college, or institution so founded, any pub- lic grounds of the city not specially appropriated or dedicated by ordinance to any other use or purpose, any law to the con- trary notwithstanding. [67 v. 86, § 5.] Sec. 4104. The board of education of the city may, upon When andrj0 w the application of said board of directors, assess and levy a levied* 7 tax on the taxable property of the city, not exceeding one- tenth of one mill on the dollar valuation thereof, to be applied by the board of directors to the support of such uni- versity, college, or institution ; and the board of education shall also assess and levy, annually, not less than three-hun- dredths nor more than five-hundredths of one mill on the dollar of such valuation for the establishment and mainte- nance of an astronomical observatory, in connection with such university, college, or institution, the proceeds of which shall be paid to the board of directors, and applied by them for said purpose exclusively. [67 v. 86, § 5 ; 75 v. 133, § 1.] Sec 4105. The provisions of this chapter shall be appli- provisions of cable to the city of Toledo, except that the board of directors apphcabieto 1 shall consist of thirteen members, and the rate of taxation to be assessed and levied shall not exceed one-half of one mill on the dollar of the taxable property of said city. [70 v. 117 city,.oi.Toledo 140 OHIO SCHOOL LAWS. Ch. 13. State Commissioner of Common Schools. PART I, POLITICAL-TITLE III, EXECUTIVE. CHAPTER 13. STATE COMMISSIONER OF COMMON SCHOOLS. Section 354. Election, term, and how vacancy filled. 355.^ Bond. 356.J, His office and his attendance there- at. 357. His duty to visit teachers' insti- tutes, etc. 358. His supervi-ion over school funds and school officers. 359. Shall prepare and transmit forms and instructions. 360. Shall cause school laws, with forms, etc., to be printed and distributed. Section 361. Annual report to the general assem- bly or governor. What tbe report shall contain. Shall requi e reports from private schools, etc. His duty on complaint of fraudu- lent use of money ; appoint- ment of examiner. Powers, duties, and compensation of examiners. Duty ot judge and prosecuting at- torney. 362. 363. 364. 365. 366. State Commis- sioner of Com- mon Schools, election and term'of. His'official bond.; And oath. Office, etc., at the seat of goveroment. Section 354. There shall be elected, triennially, at the general election for state officers, a state commissioner of com- mon schools, who shall hold his office for the term of three years from the second Monday of July succeeding his election ; and in case of a vacancy occurring by death, resignation, or otherwise, the governor shall fill the same by appointment. [70 v. 195, § 102 ; 81 v. 89.] Sec 355. Before entering upon the discharge of his offi- cial duties, the commissioner shall give bond in the sum of five thousand dollars to the state, with two or more sureties, to the acceptance of the secretary of state, conditioned that he will truly account for and apply all moneys or other property which may come into his hands in his official capacity, and that he will faithfully perform the duties enjoined upon him according to law; which bond, with his oath of office indorsed thereon, shall be filed with the treasurer of state. [70 v. 195, § 103.] Sec. 356. The books and papers of his department shall be kept at the seat of government, where a suitable office shall be furnished by the state, at which he shall give attend- ance not less than ten months in each year, except when ab- sent on public business. [70 v. 195, § 104. J Hig f-upprvi- sion over school funds. SCHOOL OFFICERS GUIDE. 141 State Commissioner of Common Schools. Ch. 13. Se !. 357. The commissioner shall visit, annually, each ms:dutiesin judicial district of the state, superintending and encouraging severafjudi- teachers' institutes, conferring with boards of education or other school officers, counseling teachers, visiting schools and delivering lectures on topics calculated to subserve the inter- ests of popular education. [70 v. 195, § 105.] Sec. 358. He shall also exercise such supervision over the educational funds of the state as is necessary to secure their safety and right application and distribution according to law. He has power to require of county auditors, boards May require of education, clerks and treasurers of boards of education, or certain officers, other local school officers, and county treasurers, copies of all reports by them required to be made, and all such other information in relation to the funds and condition of schools and the management thereof as he deems important. [70 v. 195, § 106.] Sec. 359. He shall prescribe suitable forms and regula- shall p repare tions for making all reports and conducting all necessary forms ' etc - proceedings under the school laws, and cause the same, with such instructions as he deems necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. [70 v. 195, § 107] Seu. 360. He shall cause as many copies of the laws as Duties as;to ; are necessary, relating to schools and teachers' institutes, Sfiaws, ' with an appendix of appropriate forms and instructions for carrying into execution all such laws, to be printed in a sepa- rate volume, and distributed to each county with the laws, journals, and other documents, for the use of the school offi- cers therein, as offen as any change in the laws is made of sufficient importance, in the opinion of the commissioner to require a publication and distribution thereof. [70 v. 195, § 108.] Sec. 361. He shall make an annual report, on or before the fifteenth day of November, to the general assembly, when So? reSSsT' that body is in session, and when not in session the report shall be made to the governor, who shall cause the same to be published, and shall also communicate a copy thereof to the general assembly at the beginning of the next session. [70 v. 195, § 109 ; 85 v. 192.] etc. Annual report 142 OHIO SCHOOL LAWS. Ch. 13. State Commissioner of Common Schools. What it shall present. Shall 'require reports from priyate school" etc. Duties of com- missioner ou complaint Of fraudulent use of money, etc. Appointment of accountant to investigate charges. Sec. 362. In his annual report he shall, present a state- ment of the condition and amount of all funds and property appropriated to purposes of education; a statement of the number of common schools in the state, the number of schol- ars attending such schools, their sex, and the branches taught; a statement of the number of private and select schools in the state, so far as the same can be ascertained, and the number of scholars attending such schools, their sex, and the branches taught ; a statement of the number of teachers' institutes, the number of teachers attending them, and the number of instructors and lecturers, and the amount paid to each ; a statement of the estimates and accounts of the expenditures of the public school funds of every description, a statement of plans for the management and improvement of common schools, and such other information relative to the educational interests of the state as he deems of importance. [70 v. 195, § no.] Sec. 363. He shall, annually, require of the president, manager, or principal of every seminary, academy, and private school, a report of such facts, arranged in such form as he pre- scribes, and shall furnish blanks for such reports; and it is made the duty of every such president, manager, or princi- pal, to fill up and return such blanks within the time the commissioner directs. [73 v. 225, § 1.] Sec 364. When a complaint is made to the state school commissioner, in writing, verified by the affidavits of at least three freeholders and tax-payers, resident of any school dis- trict in the state, alleging that they have good reason to and do believe that any portion of the school fund of such district has been expended contrary to law, or has been fraudulently, unlawfully, or corruptly used, or misapplied, by any of the officers of such district, or that there have been fraudulent entries in the books, accounts, vouchers, or settlement sheets thereof, by any such officers, or that any of such officers have not made settlements of their accounts as re- quired by law, he is authorized and required to appoint some trustworthy and competent accountant, for the purpose of investigating such complaint, who shall forthwith visit such school district and take possession of all the books, papers, vouchers and accounts of such district, and investigate SCHOOL OFFICERS GUIDE. I43 State Commissioner of Common Schools. Ch. 13. the truth of the allegations of such complaint, and the condi- tion of the school fund of such district ; and the several offi- cers of such school district, on the application of such exam- iner, shall immediately place in his possession all their books, accounts, contracts, vouchers, and other papers having refer- ence to the receipt and disbursement of the school funds ; and the county auditor and county treasurer shall give such examiner free access to all the records, books, papers, vouch- ers, and accounts of their respective officers having reference to the object of such investigation. [72 v. 82, § 1.] Sec. 365. Such examiner shall have authority to call Powers and before him forthwith, upon written notice, and examine wit- aminer! ex ~ nesses, under oath, to be administered by him ; and he shall immediately after completing such investigation, report in writing, in duplicate, setting forth the condition of the books, vouchers, and accounts of such district, the amount of school funds received for any and all purposes, and from whatever source, the amount expended, and for what, and the amount actually in the treasury, one copy of which report he shall file in the office of the clerk of the couit of common pleas of the county iu which such district is situate, and the other copy he shall transmit to the state commissioner of common schools at Columbus; and t»ie examiner so appointed and performing the duties herein required, shall receive as com- His com pensa- pensation a per diem of three dollars for each day necessarily tion engaged in the performance of his duties, and shall also re- ceive five cents for each mile by him necessarily traveled in that behalf; but no mileage shall be allowed for a greater distance than from Columbus to such district ; and such com- pensation and mileage shall be paid out of the county treas- p ury upon the warrant of the county auditor, and if the inves- thereof - tigation establish the truth of any material allegation in such complaint, then such amount so paid shall be assessed by the county auditor upon the taxable property of the dis- trict, to be collected as other taxes are for the use of such county treasurer. [72 v. 82, § 2.] Sec. 366. The judge of the court of common pleas of the r Adverse report proper county shall examine the report so filed in the clerk's of examiner to x * r be given in office, as provided in the preceding section of this chapter, Srand^ur the and if it appears therefrom that any part of the common or 144 OHIO SCHOOL LAWS. Ch. 13. State Commissioner of Common Schools. school fund has been fraudulently, unlawfully, or corruptly used or misapplied, or that there has been fraud in any of the entries, accounts, vouchers, contracts, or settlements, or that the settlements have not been made as required by law, or that there appears any defalcation or embezzlement on the part of any of the officers of such school district, he shall give the report specially in charge to the grand jury at the term of the court of common pleas next after the filing of the same : Duty of prose- _ cutingattor- an d the prosecuting attorney of such county shalJ forthwith institute and carry forward such proceedings, civil or crimi- nal, or both, against the delinquent officer or officers of such district as is authorized by law. [72 v. 82, § 3.] SCHOOL OFFICERS GUIDE. J 45 Mi-cellaneous. MISCELLANEOUS. AN ACT To confer additional powers upon county commissioners relating to bequests, dona- tions and gifts for the promotion of education. Section 1. [Enacted March 21, 1887.] Be it enacted by the Fowerofromj- General Assembly of the State of Ohio, That the commissionei s of eV s t<> receive . . . bequests, etc., the several counties of the state may receive bequests, dona- ior educftioa- ' al purposes., tions and gifts of real and personal property and money to pro- mote and advance the cause of education in their respective counties; and any and all property and money so at any time received by the commissioners of any county, or which may have been heretofore bequeathed to the commissioners of any county, and which has been bestowed upon them and remains yet undisposed of by such commissioners, may, by the said commissioners, at their discretion, be paid over to any incor- . ,....../., ., . . . Application «■• porated institution 01 learning in their respective counties or such trust a part may be used to defray the expenses of the teachers' in- stitute, each year, as the said commissioners may, in their discretion, and with reference to the terms of the trust, de»m best, and upon such terms and conditions as they may pre- scribe, having reference to the safety of the fund and its proper application. [84 v. 211.] AN ACT To authorize boards of education in citips of the second grade of the first class to let, a tax for eertain purposes therein specified. Section 1. [Enacted March 16, 1887.] Be it enacted by the General Assembly of the State of Ohio, That boards of education F?,?din? for in cities of the second grade of the first class may annually ^iningo? levy on each dollar valuation of taxable property, \ of one dren°in paV • mill additional to that now allowed ; the proceeds of said lew schools? e to be applied toward providing manual and domestic training for the children of the schools of said city, and said board may expend such part of said proceeds as it may deem expedient in providing tuition for such children in any manual train- ing school that has been or may be founded in said city; pro- vided, that at each annual election the corporation controlling. 10 146 OHIO SCHOOL LAWS. Miscellaneous. said school shall choose as directors, at least six persons, who shall be named by such board of education, and shall also choose as a director the superintendent of the public schools. [84 v. 92.] AN ACT To authorize school boards to convey lands in certain cases. Columbus: Section 1. [Enacted March 18, 1887.J Be it enacted by Power of school board to the General Assembly of the State of Ohio, That school boards in donate certain *. land for ( arK cities of the first grade of the second class, owning land, which purposes. is no longer used for school purposes, adjoining any public park, may convey the same to the city or county owning such park, and in which such land is situated, to be held and used as a part of said park. [84 v. 108.] Dayton public library board; election of. Board' equally dM'-ied po.iti- caliv. Terms of mem- beis. Powers of board. Anuuil report. A.N ACT To provide for competent and non-partisan public library boards in cities of the sec- ond class, second grade. Section 1. [Enacted March 21, 1887.] Be it enacted by the General Assembly of the State of Ohio, That in any city of the second class, second grade, the city board of education may elect by ballot a special board of six competent persons, resi- dents of said city or school district, to be called the library board, who shall have the control and management of the public library of said city. Section 2. That the six members of said library board shall be selected equally from the two political parties having the largest representation in the city board of education, and shall be elected as follows : Two for a term of one year, two for two years, and two for three years ; at the end of the first year, two shall be annually elected, who shall hold office for a term of three years. Section 3. That the said library board shall have power to purchase books, magazines, and other proper supplies for said library, and employ a librarian and assistant, who shall be elected annually; and the vouchers for such expenditure and salary account shall be certified to by said board of edu- cation for payment. Section 4. That said library board shall be required to report fully their proceedings and expenditures at least once a year, to the board of education of said city, and annually SCHOOL OFFICERS GUIDE. 147 Miscellaneous. report to said board of education an estimate of the expenses of said library for the succeeding year, and in no case shall such exp c nss be allowed to exceed the appropriation therefor by said board of education. Section 5. That the president of said city board of Ex-offi affirmation] : You, , do solemnly swear [or affirm] that you will support theconsti- tution of the United States, and tbe constitution of the State of Ohio, and thatyou will faithfully and impartially discharge the duties of director, in and for said sub- district, number , township, — county, Ohio, according to law and^the best of your ability. Director in said Sub-District. ;,15 2 OHIO SHOOL LAWS. Forms and Instructions. VIII. APPOINTMENT OF SCHOOL DIRECTOR. , , 18- Whereas, , one of the directors in sub-district number , township, county, Ohio, has resigned, [died, or refused to serve, etc.,] and no election having been held to fill such vacancy as prescribed by law : Therefore, I do appoint director in said sub-district, who shall hold Mb office until the time of the next annual meeting, and until his successor is elected and qualified. > Cltrk of said Township. IX. MEETING OF SCHOOL DIRECTORS. , , 18—. The school directors of sub-district number , township, county, Ohio, this day met at , and legally qualified by taking the requisite oath of •office. Whereupon was appointed clerk of said sub-district. On motion, it was voted to employ as teacher, at $ per month, mad that the next term of school commence, etc. Sub-district Clerk. X. CONTRACT BETWEEN DIRECTORS AND TEACHERS. It is hereby agreed between the school directors of sub-district No. , in the township of , in the county of , State of Ohio, and , a legally qualified teacher in said county, that the said is to teach in the public school of said sub-district for a term [here insert the time'], for the sum of dol- lars per month [per day], commencing on the day of , 18 — , and for auch services, properly rendered, the said directors are to pay the said £ monthly], the amount that may be due, according to this contract. Done at a legally convened meeting, and dated this day of , 18 — . Directors of said sub-district No. — . Teacher. See section 4018. XL CERTIFICATE FOR TEACHER'S PAY. To the Clerk of Township, County, Ohio : This is to certify, that , under a contract duly made and entered into, taught a common school in sub-district number , of said township, from the SCHOOL OFFICERS GUIDE. 153 Forms and Instructions. day of 18 — , to the day of 18 — , in all weeks, at per month ; # and that there is due him for said service the sum of XII. CONTRACT FOR FUEL, REPAIRS, ETC. This memorandum of an agreement, made this day of dred and , at a meeting legally convened, between Directors. -, eighteen hun- , and the directors of sub-district, number township, county, Ohio, witnesseth: That said agrees to deliver at the school- house in said sub-district, on or before the day of next, bushels of coal [or cords of wood] of a good quality, at cents per bushel [or $ per cord.] And said directors are thereupon to certify in favor of said , for the sum due for said fuel. Directors. Contractor. Note. — [All contracts made under section 3987, chap. 8, of the school laws must be reported to the township board at their next meeting.] See also sec. 3974. XIII. CERTIFICATE OF AMOUNT DUE FOR FUEL, ETC. -, 18-. To the Board of Education of This certifies that ■ Township, County, Ohio. has delivered at the school-house in sub-district — bushels of coal, under a contract duly made number , township, — and entered into, and that there is due him on said contract the sum of $- Witness our hands. Directors. XIV. DISMISSAL OF TEACHER. Whereas, it has been represented to us, and on due investigation we have found, according to our best judgment and belief, that , who has been em- ployed and is now engaged in teaching a school in sub-district number , — township, county, Ohio, is negligent (or here insert any other sufficient cause) as such teacher ; Therefore, is hereby dismissed as teacher of said school. Done at a legally convened meeting of said board this day of — 18—. Directors of said sub-district. 154 OHIO SCHOOL LAWS. Forms and Instructions. Or : Whereas, we Lave been required by the board of examiners of county, to dismiss , now engaged as a teacher in sub-distiict number , township, and county aforesaid, the said board of examiners having revoked his certificate for cause: Therefore, said is hereby dhuii^sed as teacher as aforesaid. Done at a legally convened meeting of said board of directors this day of -,18-. Witness our hands. Directors. XV. VISIT TO SCHOOL. This day the undersigned, local directors in sub-district number , township, county, Ohio, in coinpany with and , who were invited for the purpose, visited the school in paid sub-district, taught by , and the following was the result of the ex munition and visit: They found, etc. (Here set forth the opinion as to the management f/ the school, etc.) Director* CHAPTER II.— FORMS FOR TOWNSHIP EOARDS OF EDUCA- TION. XVI. NOTICE OF MEETING TO VOTE A TAX FOR BUILDTNG PURPOSES. Notice is hereby given by the board of education of — : township, county, Ohio, that there will be a special meeting of the qualified voters of said town- ship at , on the day of , at o'clock ., to consider the ques- tion whether a tax of hundred dollars shall be levied upon the taxable property of said township to purchase a school-house site and to build and furnish a school- house \or for either of these purposes, as the case may be,~\ in sub-district of said township, the erection of the school-house being, in the opinion of the board, neces- sary, and the rate of tax which the law authorizes the board to levy being insuffi- cient for the purpose ; and the further questions whether the levy shall be made from year to year thereafter, and what amount shall be levied each year until the actual cost of such site and building is raised. By order of said board of education, , Clerk. , , 18—. Note. — The ballot used at such an election may be something like the following: FOR TAX LEVY FOR SCHOOL SITE AND BUILDING. For levying tax to purchase site and erect thereon a school building, at a cost not^to exceed % . No. L Yes -] SCHOOL OFFICERS GUIDE. T 55 Forms and Instructions. Fir levying this tux from year to year according to law, the levy in any one year not to exceed $ , until the sum of S> and accrued interest is raised and paid. No. [Yes] The above form may by slight alterations be adapted to cases in which other than township districts are interested. XVII. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOARD. Notice is hereby given that there will be a meeting of the board of education of township, county, Ohio, on the day of at o'clock at , to consider the question , and other butiness which may be considered necessary to transact. , Clerk. , , 18—. Note. The purpose for which a meeting is called should be stated in the notice XVIII. CERTIFICATES OF ANNUAL ESTIMATES. To the Auditor of County: It is hereby certified by the board of education of township, county, that the entire amount of money necessary to be assessed on the taxable property of said township, and expended therein, for school and school-house purposes, during the next school year, as directed by section 3958, of the revised statutes, is dollars, as follows : For continuing sub-district schools $ For incidental or contingent expenses For building purposes For payment of teachers in township school Total $ By order of Township Board, , Clerk. , , 188-. » XIX. CERTIFICATE OF ANNUAL ESTIMATES FOR JOINT-SCHOOL. To the Auditor of County: It is hereby certified by the board of education of township, county, Ohio, having charge of the school in joint sub-district number , composed of parts of and townships, that the amount of money necessary to be as- sessed on the taxable property of said townships, to pay the expenses of said-joint school during the next school year, as directed by section 3961 of the revised statutes of Ohio, is dollars, as follows: TOWNSHIP. For continuation of joint school.... For payment of all other expenses. Total 156 OHIO SCHOOL LAWS. Forms and Instructions. TOWNSHIP. For continuation of joint school .... For payment of all other expenses. Total , $- The number c f youth enumerated in September last, in the respective parts of the townships included in said joint sub-district, was as follows: township, ; township, ; total, . By order of the Board of Township. , Clerk. , , 18-. Note.— [In case the townships having territory in a joint sub-district are situated in different counties, a copy of the above certificate of estimates should be sent to the auditor of each county] XX. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. Resolved by the board of education of township, That there be transferred and united with sub-district number — , so much of sub-district number — , as is bounded as follows : {describe boundary ) Resolved by the board of education of township, That sub-district number — is hereby abolished, and there is hereby transferred to and united with' sub-district number — , so much of the territory of said abolished sub-district as is bounded as follows: {describe boundary), and so much of said abolished sub-district as is not herein united with sub-district number — , is transferred to and united with sub- district number — . This resolution shall take effect on the day of , 18 — . Resolved by the board of education of township, That so much of sub-district number — , as is bounded as follows: (describe boundary), be cut off from said sub-dis- trict, and that so much of sub-district number — as is bounded as follows : (describe boundary,) oe cut off from said sub-district, and that the territory thus cut off from sub-districts number — and — , respectively, is hereby consolidated and formed into a new sub-district and designated sub-district number — of township. Reso'ved by the board of education of township, That sub districts number — and — are hereby abolished, and that the territory included in said sub-districts at the time of their abolishment is hereby consolidated and formed into a new sub- district, and designated sub-district number — of township. This resolution shall take effect on the day of , 18 — . Note. — When a new sub-district is formed the township board should call a meet- ing of the qualified voters to elect local directors. [Chapter 4, section 3922.] XXI. NOTICE OF ELECTION IN A NEW SUB-DISTRICT. Wheeeas, The board of education of ■: township, county, did, at their last regular meeting, the third Monday of , abolish sub-district number — , (or sub-districts number — and — ) and form from the territory of said sub-district, and so much of sub-district number — as is bounded as follows : (describe boundary), a new sub-district, to be known as sub-district number — : Therefore, notice is hereby given to the qualified voters of said sub-district, thus SCHOOL OFFICERS GUIDE. I 5 7 Forms and Instructions. organized and designated, that a meeting for the election of three school directors will be held at , on the day ot , from — o'clock to — o'clock ., said election to be conducted as prescribed in section 3922. By order of the Township Board. , Clerk. , , 18-. Note. — See remark (d) under section 3913. XXII. ORGANIZATION OF A JOINT SUB-DISTRICT SCHOOL. RESOLUTION OF BOARD TRANSFERRING TERRITORY. Resolved by the Board of Education of Township, That so much of sub-district number as is bounded as follows: (describe boundary), is hereby transferred, if the board of education of township concur in such transfer, to the said town- ship for school purposes, to form with so much of said township as is bounded as fol- lows: (describe boundary), a joint sub-district, the school-house therein to be situated in said township. RESOLUTION OF THE BOARD RECEIVING THE TERRITORY TRANSFEKRED. Resdved, That the board of education of township hereby concurs in the action of the board of education of township transferring so much of said township as is bounded as follows: (describe boundary), to this township for school purposes, to form with so much of the territory of this township as is bounded as follows : (describe boundary), a joint sub-district with school-house in this township. XXIII. PETITION TO BOARD OF EDUCATION FOR JOINT SUB-DISTRICT. [To be placed on file by the clerk of the board.] To the Board of Education of township : , 18-, Gentlemen: We, the undersigned elector?, residing in the territory hereinafter described, do bereby most respectfully pray your honorable body to establish a joint sub-district [special district, additional sub-district] embracing the territory bounded as follows : (describe the boundaries and set forth reasons causing this petition.) And thus the undersigned shall ever pray, etc. [Sections 3931, 3932, and 3946.] XXIV. CLERK'S NOTICE TO MEMBERS OF BOARD. , , 18-. Dear 8ir: "You are hereby notified that a petition signed by township [or townships], has been presented and filed, praying for the erec- I58 OHIO SCHOOL LAWS. Forms and Instructions. tion of a joint sab-district [xpfnirtl dtitrict, 'dditional sub-district] to comprise the terri- tory bounded as follows : {describe the boundaries.) The board wil 1 meet on , the '■ — of , 1 8—, at o'clock , for the purpose of considering the prayer of the petitioners. The presence of every member is desired. — — , Clerk. [Chapter 5, section 3933] Note.— [A notice, like the above, with a slight change re quired, must be sent "to the clerk* of ail other boards of education having jurisdiction over any of the terri- tory sought to be affected; and such clerks, upon the receipt of such notice, shall in like manner give notice forthwith of the filing of such petition, and of the time and place of meeting to each member of their respective boards."] [Chapter 5, section 8933.1 XXV. PETITION TO PROBATE JUDGE. , — , 18-. Hon. , Probate Judge of county, State of Ohio : Wherean, the boards of education of township, county, Ohio, and of township, in said county and state, having refused, at a meeting held [state lime and place] to grant our petition [or having failed to meet within the time pre- scribed by law to consider our petition] praying for the creation of a joint sub-dis- trict [special district, etc.,'} said petition having been filed with the clerk of said township board of education, as prescribed by law, on the day of , 18— ; Therefore we, the undersigned petitioners and electors, residents in the territory hereinafter described, do hereby most respectfully pray and petition you to appoint three judicious, disinterested men of county, and not residents of the town- ship [or townships or districts] to be affected by this petition, to consider the crea- tion of a joint sub-district embracing the territory bounded as follows : [describe the boundaries.] And thus we shall ever pray, etc. [Sections 3934 and 3938.] Note. — The above form may be readily adapted to cases as they may arise. XXVI. REMONSTRANCE AGAINST JOINT SUB-DISTRICT. , Probate Judge of county, Ohio : Whereas, the boards of education of township, county, Ohio, and of township of said county and state, at a joint meeting held on day of , 18—, did establish a joint sub-distriet composed of territory lying within the limits of said townships and bounded as follows : [describe boundary.'] Therefore we, the undersigned petitioners and electors, residents of the territory thus described, do hereby remonstrate against the action of such boards, and do most respectfully pray and petition you to appoint three disinterested judicious men of SCHOOL OFFICERS GUIDE. 1 59 Forms and Instructions. county, not residents of the township to be affected by this petition, to con- sider whether the action of said boards should not be set aside, for the following rea- sons, to- wit: [give reasons.] Note. — In case the townships lie in different counties or a village or special dis- trict is affected, the above form may be changed to suit the circumstances. XXVII. APPOINTMENT OF COMMISSIONERS BY PROBATE JUDGE. , , 18-. Mr. . Dear Sir: By yirtue of authority conferred by law [section 3938 of the revised statutes of Ohio], and in response to a petition on file in this office, praying the cre- ation of a joint sub-district [special district, etc.] I hereby appoint you a commissioner to consider the prayer of the petitioners — a copy of which petition will be laid before you — and you are hereby notified and di- rected to meet the other two commissioners, appointed for a similar purpose on the day of , 18—, at o'clock at the school-house in sub-district No. , township, county, [if not a school-house then designate the place], to consider the expediency of creating a joint sub-district [special district, etc.}, and report to this office the result of your deliberations. , Probate Judge. XXVIII. REPORT OF COMMISSIONERS. , , 18-. Hon. , Probate Judge of county, Ohio. Dear Sir : We, the undersigned commissioners, acting under your appointment and instructions, dated the day of , 18—, respectfully report that we met agreeable to notice, and after due deliberation and consideration of facts, have granted [or refused, as the case may be,~\ the prayer of the petitioners, and have [not] established a joint sub-district, a plat and boundaries of which are hereby submitted, and have designated a site for a school-house [if there is no school-house within the boundaries given]. Commissioners. [See section 3941.] Note.— [Forms XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, may easily be varied to apply to the "creation of an additional sub-district, or for changing the lines of sub-districts, or for the creation of special school districts, or for changing the lines of special or village districts, and adjoining sub-districts."] [See section 3946.] l60 OHIO SCHOOL LAWS. Forms and Instructions. XXIX. ASSIGNMENT OF SCHOLAKS TO CENTRAL HIGH SCHOOL. __ The board of education of township, county, Ohio, met this day and'assigned the following scholars to the High School : From sub-district No. : A. B. C. D. Etc From sub-district No. : E. F. G. H. Etc. (The assignment from each sub-district being specified in like manner.) By order of the Township Board, , Clerk. XXX. APPOINTMENT OF LIBRARIAN. , , 18-. The hoard of education of township, county, has this day appointed to act as librarian, and to take charge of the school apparatus of said township, for term of year. By order of the Board, , Clerk. XXXI. BOND OF LIBRARIAN.* Know all men by these presents, that we, and held and bound unto the State of Ohio in the sum of hundred dollars, for the payment of which we jointly and severally bind ourselves. Signed and sealed by us this day of , eighteen hundred and . The condition of this obligation is such, that whereas, the board of education of township, county, on the day of , eighteen hundred and appointed and authorized said to act as librarian and to take charge of the school apparatus of said township district. Now, if said shall faithfully, honestly, and impartially, and in accordance with such rules and regulations as may, from time to time, be prescribed by said board, discharge his duty under and by virtue of said appointment, for the term of year, and until his successor shall be duly appointed, then this obligation shall be void. — , [seal.] . , [seal.]; Attested : *TMa form is authorized but not required by law. SCHOOL OFFICERS' GUIDE. l6l Forma and Instructions. XXXII. ORDER ON TOWN8HIP TREASURER FOR TEACHER'S PAY. , 18—. No. . To the Treasurer of Township, County, Ohio : Pay dollars for services as teacher in sub-district , of said township, from , 18 — , to 18 — , in all weeks, at per . Township Clerk. $ . Received on the above order, , , 18 — , of , Township Treasurer, the sum of dollars. -, Teacher. Note. — The above order should be countersigned by the president of the board in case of a teacher of a township high school. XXXIII. ORDER ON TREASURER OTHER THAN FOR TEACHER'S PAY No. . To the Treasurer of Township, County, Ohio. Pay , or order, dollars, for (specify for what purpose the money is paid) from the contingent school fund (or from the school building fund.) By order of the Township Board, ■, President. — , Clerk. $ . Received on the above order, , , 18 — , of , Township Treasurer, the sum of dollars. See section 4047. XXXIV. LEASE TO SCHOOL DISTRICT. Know all men by these presents : That , of the county of , and State of , for the consideration herein mentioned, does hereby lease unto the board of education of the township of , county and state aforesaid, its successors and assigns, the following premises to wit: [Here insert description], with all the privileges and appurtenances thereunto belonging ; to have and to hold the same for and during the term of years from the — day of , 18 — . And the said board of education for itself and assigns, does covenant and agree to pay the said for the said premises, the annual rent of dollars [Insert date of payment]. 11 1 62 OHIO SCHOOL LAWS. iJorms and Instructions. In witness whereof, the said parties hereunto set their hands and seals, this of ,18—. , [seal.] Lessor. , [seal.] Chairman of the Board, , [seal.] Clerk. Signed, sealed, and acknowledged in the presence of — State of Ohio, County, ss. : Before me, a in and for said county, personally appeared , grantor in the above instrument, and acknowledged the same to be voluntary act'and deed, for the uses and purposes therein mentioned. In testimony whereof, I have hereunto subscribed my name and affixed my seal, this — day of , A. D. 18 — . Note. — If the lease be for three years or more, it must be acknowledged, attested by two witnesses, and recorded. If for a less term, it need not be executed with these formalities. See section 4112. The consideration may be money or anything else, and the form varied accordingly. The above form is for a long lease. XXXV. TOWNSHIP TREASURER'S BOND. Know-all men by these presents : That w< ., are held and firmly bound unto the State of Ohio, in the sum of : — dollars, for the payment whereof we jointly and severally bind ourselves. Signed and sealed by us this - ■ day of , A. D. eighteen hundred and . Whereas, the said has been duly elected and qualified as treas- urer f township, county, and State of Ohio, for the term of- year — from the day of April, A. D. 18—, and until his successor is elected and qualified, and is therefore ex-officio treasurer of the board of education of the township district of said township. Now, the condition of the above obligation is such, that if the said shall faithfully disburse, according to law, all school funds which come into his hands, then this obligation shall be void ; otherwise it shall be and remain in full force. , [seal.] , [seal.] ; , [SEAL.] The above bond approved by said board this day of , A. D. 18 — . President of said board. » Clerk of said board. SCHOOL OFFICERS' GUIDE. 1 63 Forms and Instructions. The State of Ohio, county, township, ss. ; Before me, , clerk of said township, personally came , who, being duly sworn according to law, says that he will support the constitution of the United States, and the constitution of the State of Ohio ; and that he will faith- fully discharge his duties as treasurer of the board of education of the township dis- trict of township, county, Ohio, during his continuance in said office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on day of , A. D. 18 — . > Township Clerk. XXXVI. CERTIFICATE OF TREASURER'S BOND. To the Auditor of county : , 18-. It is hereby certified that has executed and filed with me a bond for the faithful disbursement, as treasurer of township, county, of all school funds that may come into his hands as such treasurer ; which bond, dated April — , 18 — , is in the penalty of dollars, and has been approved by the board of ed- ucation of said township. > Clerk of said township. Note. — [The above can be altered so as to apply to the bond of the treasurer of a separate school district.] XXXVII. TREASURER'S BOND. We hereby acknowledge ourselves firmly held unto the State of Ohio in the sum of dollars, for the payment whereof we jointly and severally bind ourselves, our heirs, executors and administrators. Signed and sealed by us, this day of , A. D. 18 — . The condition of the above obligation is this, that the said has been duly chosen and qualified as treasurer of the board of education of the * District of , in township, county, and State of Ohio, for the term of one year from the — day of April, A. D. 18 — , and until his successor is chosen and qualified ; now if the said shall faithfully disburse, ac cording to law, all school funds which come into his hands, then this obligation shall be void ; otherwise it shall be and remain in full force and effect. , [seal.] , [seal.] , [seal.] The above bond approved by said board this day of , A. D. 18 — . President of said boar > Clerk of said board. 164 OHIO SCHOOL LAWS. Forms and Instructions. The State of Ohio, county, township, ss. : Before me, t , personally came , and was duly sworn, according to law, to support the constitution of the United States, and the constitution of the State of Ohio; and perform faithfully his duties as treasurer of the board of education of the *- district of , in township, county, Ohio, during his continuance in said office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on this day of , 18—, by the said . of said board. XXXVIII. CLERK'S BOND. Know all men by these presents: That we, — : , , are held and firmly bound unto the State of Ohio, in the sum of dollars, for the payment whereof we jointly and severally bind ourselves. Signed and sealed by us this day of , A. D. eighteen hun- dred and . Whereas, the said has been duly chosen and qualified as clerk of the board of education of * district of , in town- ship, county, and State of Ohio, for the term of one year from the day of April, A. D. 18 — , and until his successor is chcsen and qualified. Now, the condition of the above obligation is such, that if the said:; shall faithfully perform all the official duties required of him as clerk of said board, then this obligation will be void ; otherwise it shall be and remafn in full force. , [seal.] , [seal.] , [seal.] The sureties on the above bond, and its amount, approved by said board this day of , A. D. 18 — . President of said board. Clerk of said, board. The State of Ohio, county, , township, ss.: Before me, t , personally came , who, being duly sworn according to law, says that he will support the constitution of the United States and the constitution of the State of Ohio ; and that he will faithfully discharge his duties as clerk of the board of education of the * district of , in township, county, Ohio, during his term of office, and until his successor is chosen and qualified. of said board. fThe oath may be administered by the clerk of the board, or any of its members. See section 3979. Here write (using correct name) "A. B. clerk {or a member) of the board below named."] *[Here write " village " or " special, " as may be. SCHOOL OFFICERS' GUIDE. 1 65 Forms and Instructions. XXXIX. TOWNSHIP CLERK'S BOND. ' Know all men by these presents: That we, , , are held and firmly bound unto the State of Ohio, in the sum of dollars, for the payment whereof we jointly and severally bind ourselves. Signed and sealed by us this day of , A. D. eighteen hundred and . The condition of the above obligation is such that, whereas, the said has been duly elected and qualified as clerk of township, county, and State of Ohio, for the term of one from the day of April, A. D. 18—, and until his successor is chosen and qualified, and is, therefore, ex-officio clerk of the board of education of the township district of said township. Now, if the said shall perform faithfully all the official duties required of him as clerk of said board, then this obligation will be void ; otherwise it will remain in full force. , [seal.] , [seal.] . [seal.] The sureties on the above bond, and its amount, approved by said board this day of , A. D. 18 — . President of said board. Clerk of said board. The State of Ohio, county, township, ss. : Before me, , clerk of said township, personally came , who, being duly sworn according to law, says that he will support the constitution of the United States and the constitution of the State of Ohio ; and that he will faith- fully discharge his duties as clerk of the board of education of the township district of township, county, Ohio, during his term of office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on this day of , A. D. 18—. Township clerk. XL. REPORT AND CERTIFICATE OF SCHOOL FUNDS IN TREASURY. We hereby certify that, by a count, as required by law, of all the money, bonds, and securities in the hands of , treasurer of township [or district], county, Ohio, made this day of , 18 — , in the presence of the clerk of the board, we find dollars [and bonds, etc., in value amounting to dollars | school funds to be in the treasury on the [tThe oath may be administered by the outgoing clerk of the board, or by any of its members. Here write (using correct name) " A. B., clerk (or, a member) of the board below named."] 1 66 OHIO SCHOOL LAWS. Forms and Instructions. date above named, and we have directed the clerk to enter upon the records of the board a copy of this report. (Signed,) , Board (or committee.) Attest, , President. , Clerk. [See section 4043, Revised Statutes.] XLI. FINAL RECEIPT OF TOWNSHIP TREASURER. Received, , 18 — , of , late treasurer of township^ county, the following moneys and school property, to wit.: dollars, being part and parcel of the fund, also, etc. j Treasurer. XLII. FINAL RECEIPT OF TOWNSHIP CLERK. Received, , 18 — , of , late clerk of town- ship, the school-money account-book, the record book of the township board, the copy of the school laws, the certificate and reports of teachers required by law to be filed in his office, and the other official books and papers relating to schools, in his hands. Clerk of said board. [See section 4054.] Not^. — [The incoming clerk should be specially careful to receive all the books and documents specified in the above receipt. This form can readily be altered to- answer for any other district.] SCHOOL OFFICERS GUIDE. 167 Forms and Instructions. 03 w CO o « I— I <( p CO & W o •4 w H .2* o o - o O CO O © a ® s H o 1 O 60 j j 1 j j * X 1 i •^ \n *■* 10 iC ifl co ■* tfs *** ■** ; ; tOTt< CO 8 1 w 1 • 1 . : :::::• : : 1 : : 8 | * MMMM j MMM !MM ; : | 1 1 « 1 a . M M M M | MMM JM i :l|ii S3 | H M MM | 1 *«-•» : M 1 : : 1 : : a 1 a MHMH i MMM JM i 1 j | j j X 1 1 1 1 1 ^* CO «* CO j ift CO iO iO ; ; J ■ ». M M M I MMMM i ! 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M H QD I— I o M Q w c& w o — I OE 03 ,-?._, S "73 *= i— i ,d "£ d 03 03.fl a o . s — s h £ a — M S3 +5 •- O 0) O 09 fl h v - / ^ 45 Ed d -f — o-2 -S ^-2^73^ Jl H 03 -rt s r3 S.S rd fa -^73 d-d fl& S a, 5 «-. * * fa-g 4H_ fln3 dS°3 ^ °2 oj 03 .q fl .£ 03 §5 a S * S ® fl -a© =« a O ft aO fl m O S 8 03 O g | C0T3 g Vw ^d CD M fll-173^5 Ih-^TS 6DO fl CO 03 M fa d H - * ,f2 ® P, c3 03 03 >>^2 r*»rd O -tf 03 03"-' 43 2^s 03 *73 d Ed 03rd a Jh "5 O « fl h 03 > C«r1 (B ® >- r<« > O 03 00 O a -2 O o m o g^rd^^^ °«^03.„O03 o J- 03 H L,r— -rQ OD «D'" .as©© .&« a ^ rjj 03 °° ©H>5 a d-a rgs^fl ^2°fi ■" *•£ 0J73 OrQ 03 £-Sfl£§03*;«^ ClHuJ-S.S-d fl M 73 _3rQ O : 03 . . t~L -C 9 fa — i— 7 S m^ fa §«_i-i a a^3_ 1 SCHOOL OFFICERS GUIDE. 169 Forms and Instructions. 05 W H 00 •t— 1 CD W « H w P3 W « o « X O o o .2 S "3 ce * .2 I Poo . »-< -° r 0D « Remarks. a D M 3 P. f» ■d s 09 O a) S3 S3 u m •BjqgSXV •Xjo^sih - s "a •otsnta ibooa •gUTAl'BJd •uoijisodraoo •3UOS391 IBJO •JBinniB.iS qsiiSag •^qd^jSoao •oi^9raq , }U'B nsi^UM. •onaxuqiiJB iBjagjf •SarjiiM •2ani9ds •SaipBaa •jaqBqdiv :;•:!!:!:: (•* „ U0t>08IT(I „ 98S) •uu9} snojA9id pan 01118 sndnj M ■ 1 j 1 ! 1 5 j j : •jaasqu s^ep jo laqran^ ■jnasgad stop }o jgqtartfl; •Xooqos pgiajug ijdnd qoua 9}B a as Male. •agqrarifj 1 ! 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H M O C- H M iJ 03 H Q •smujBdd'B jo anrBA •spunojS puB asnoq jooqos jo en^B^ ('sjpaAi f) qjnom jad jaqoBoj jo sara: \\ •siidnd jo 93b 8§bj3av •noissas m sbav jooqos stop jo jo'qran^ •noissas m stsav iooqos si[39AV jo 'jaqmriM (,c*6 UO)J33MQ „93S) aDUBpuajrB jo'jaaojad aSsisKy i>"o a; fls CB 873 ■San 2 _• O 3 a a TWtt •SFJO 1 ::::::::::: : •sAog 1 ::;: i :::::: : 1 ::::::::::: : Average daily attendance. (See "Direction •[Bjox siiio sA"og Average monthly en- rollment (See " Direction 7.") "TOOX •siJIO 'sioa No. of pupils enrolled, less the number marked (,>). •ibjox S T J !0 j 1 1 j \ \ j : j j j 1 j •sA'og .d i74 OHIO SCHOOL LAWS. Forms and Instructions. w o o M H M w H fa O H Q *l W o & «1 £2 "S& Oi to «0 c £ 1 s a a SI £? 5° - s ao -r. i " i- 1 ^ g ^ O W SCHOOL OFFICERS' GUIDE. 1 75 Forms and Instructions. TEACHER'S REPORT TO THE TOWNSHIP CLERK— Concluded. DIRECTIONS TO TEACHERS. 1. Names of Pupils. — Arrange the names of pupils in alphabetical order, with at least one blank line between the names of the two sexes. 2. Days Present. — Write in this column the number of days each pupil was in attendance during the term. 3. Days Absent.— Report only the number of days the pupil was absent while a member of the school. Do not count the days before he entered nor after he was withdrawn. 4. Ages. — Give the age of each pupil to the nearest birthday ; i. e., if the pupil's birthday last preceding his enrollment be more than six months past, give the age at what it will be on the pupil's birthday next succeeding ; but if less, give his age at his last birthday. 5. Re-enrollments of First Class.— The name of each pupil that has been re-enrolled in consequence of having attended a previous term of the school year, in the same school, or in any sub-district school in the same township, should be marked in the proper column with an asterisk (*). 6. Re-enrollments of Second Class.— The name of each pupil that has been re- enrolled in consequence of having attended previously in the school year a school in some other school district in the State, should be marked in the proper column with two asterisks (* *). 7. Branches of Study and School Year.— A. figure one (1) should be placed in the proper column, opposite the name of each pupil that pursued that study regularly. In case a pupil has studied a given branch some previous term of the same school year — the school year begins September 1st, and ends on the 31st day of the following August— instead of a figure (1) use a cross (X). Teachers and Township Clerks should use great care in giving this item. 8. Alphabet.— Under this head are included primary lessons in reading. 9. Oral Lessons.— Include all pupils that received regular oral instruction, whatever the subjects thus taught; book lessons are not included. 10. To find the average monthly enrollment of boys, find the number of boys enrolled each month ; add these numbers together, and divide their sum by the number of months in the term. Give the quotient to the nearest integer. The aver- age monthly enrollment of girls may be obtained in the same manner. A pupil who is absent the whole of any school month is not to be counted in the enrollment of that month. 11. To find the average daily attendance of the boys, divide the sum of all the days attended by the boys, by the number of days taught. Give the quotient to the nearest integer. The average attendance of the girls can be found in the same way. 176 OHIO SCHOOL LAWS. Forms and Instructions. 12. To find the average per cent, of attendance, multiply the average daily attendance by 100, and divide by the average monthly enrollment. Give the quotient to the nearest integer. 13. Remarks.— Opposite each name enter a "remark," stating from what school the pupil was received, if registered in another school in the same township or dis- trict, at any time durinq the school year ; or what school he entered, if transferred or withdrawn during the year. The object of these remarks is to show in what school the pupil was laht registered. 14. School-houses and Apparatus. — An estimate of their value can easily be obtained of the directors of the sub-district. Report to the township clerk, on a separate- piece of paper, the condition of the school-house, school furniture, and school appa- ratus (outline maps, etc.) SCHOOL OFFICERS GUIDE. 177 Forms and Instructions. -nnuo - ) pun asnoq-iooqos a 5 o ■S co -~ 53 -S O H H •panj uot}mx rl r-n '— P O rj o i> 05 o ^ a ^ CO -^ TT* CO °° co ^4*^ tjJ S I * a . . »-. © c 55« 2o„, •= is> o to 1- a x - 5P to So? "' u 3 MS/ M ~ 3" => ." 3 1 "- - '— « fe s o.Sc a> O 3.2 =s o «! Enoq a:-?, S-H -* t. O * ••5 3 o -C3 .055 ! 33! 48 3 >• is E. o Ch fe JC o lOXOOiOO "-< < a C4 (M C4 CC CO CO T a 1) Pi X >>0) o-d p r* •jna3 -miuoo P aB ashon tooqos •punj nonrax 0002 95! OOO90 Xin: w □C S5 1—1 « S~ go I'D m i.O'S ™ 3 3 M 3 3i2 be C"-< ■ 3 oft o m ^1 P.P : fl a o 2 0-0 Chi- ■-a o a o ^ o^ p K § r■ 0> fi O fl 12 178 OHIO SCHOOL LAWS. Forms and Instructions o £ (11 S3 H O OH T3 H -Q ri) rs \— i rr> M ,3 W P £ ou -^ h-3 £3 H P O a D < GO W 05 P cc o ce £ £ 5 & M w ft — a p "a c c a = .J c £ a • fa c c p f. a »■ 33c — c 1 ■ I 4 .£ O s- ■c I E *■ O a > set her f ting scho a % V c p 2 a S. S 5 - P CD IS P cc 5 O E-> 9- O E- PC c 00 >- 1-1 *3« •- c- CN CO a3 ,_; p f4 00 or. ■3 Q S • fa fa >. W) M g cb p. 08 pi S3 12 £ g o •^naSaijnoo pnB asnoq-iooqos* c : t~" c- 1 '^ 05 & ■■ 1 • c If c C CC r-* 1 00 c t- c a c ■punj norrmx c c> c a ot S 5 < a* 'c ^» p • '2 , fl (= L. a> e U a p a CL c a 1 r : a ■S ( c "Z = fa c cc O c »- ft e r- ft t> ■> c < 1 i c 1 > < I c > 1 > c c 2 1 ) ° : x | r £ # C i s f -»- 1 £ - e + 1 •»■ , 5 ! 1 I i * I % ' pi E c c j i 8 i e > a E- 5 3 e b < » ! E- i ,_ e e> P i£ 1 § c > ci CO o> "3 P CO CO CO r - ^ ~ b b 6 b c ' t a a e >. B S a C £ Is < < < a> fa '2 ■5 ° CD r p 5 a> * ^a (4 p p crt ft >o s 1) ca K m -1 P P 4r» -A •" P P ^3 C0^3 fa p p 3 tu a — p^j a A 4^ C f^t ^ '5S 5.S5 s n p a P =t-: •p O "X3 co -Ofa 05 ft 03 ;2 rr3 fa o2 E-i Ci co ci 3 '— «^5 ■o S" . O a) : 25c'P os* -1 a fa fag P^3 ftcj CD- 52 cs p S^ H o Sp 3^3»« ^ k42 cp 111 SCHOOL OFFICERS GUIDE. 1 79 _r orms and Instructions. DIRECTIONS TO CLEEKS AND TEACHERS. 1. The account of the " School-house and contingent fund " should be kept in the properly designated columns; and the account of the "Tuition funa" in the columns marked " Tuition Fund." 2. For each order drawn or paid, make two entries — one in the general town- ship account of school funds, and the other in the account of the proper sub-district. 3. All school money received from adjacent townships for the support of a joint sub-district school should be entered in the general account under the head of Receipts, and in the proper joint sub-district account under the head of Apportion- ment. All moneys paid to adjacent townships for the support of a joint sub-district should be entered in the general account under the head of Expenditures. 4. All money paid by non-resident pupils for tuition in any school of the town- ship, must be paid to the Treasurer and entered in the general account under the head of Receipts, and also in the account of the proper sub district under the head of Apportionment. 5. The Treasurer's general account should be balanced at the time of the annu- al settlement with the Auditor in September, the close of the school year. The Treasurer's sub-district account and both the general and sub-district accounts of the clerk should be balanced at the close of the school year, and also at the time the money, bonds, or other securities, in the Treasurer's hands are counted, as provided in section 4043. At the expiration of their terms of official service, the Township Clerk and Treasurer are required by law to deliver to their successors in office this book and all other official books and papers relating to schools, in their hands. LI. REPORT OF THE TREASURER OF TOWNSHIP, COUNTY, OHIO. To the County Auditor, for the year ending August 31, 18—: (To be made to the auditor on or before the 4th day of September.) RECEIPTS. Amount of school moneys received during the year from the following sources, viz : Balance on hand September 1, 18 — $ State Tax Irreducible school funds Interest on rents on school-land, section 16 Local tax for school and school-house purposes Amount received on sale of bonds Fines, licenses, tuition of non-resident pupils, and other miscellaneous sources Total receipts l8o OHIO SCHOOL LAWS. Forms and Instructions. EXPENDITUKES. Whole amount paid teach- { Pmnar P $ j ers in common schools : 1 xj;„ n Ss a S3 O a> >H a u u •318 'BUAtSiq puB ASoiws^qj •ajojsih -^ n | i • ! • ! i • • : I ; i ; j •aon -ouid pus ajo3i[x UBtacaBjg nsi[Sna; | 1:1:11: •XqdBJSoaf) ::::::: •Oljaraqjuy •::::•; •SaiitjjVV j • j j j j • •SuipB8H ::::::::: •antuods | ::::::::: UB3.C lortqos : : : 1 i : : jnauno }0 Surjooia 1 ::••::: snoiAaid v %e pauicauxg^ !;•::•: •aaasuadxa jo stnasx 1 }[::::{ •(03 aapnn jt) 3§V | I : 1 I : ! : •Xjiaiib^i 1 ::::::• I •! i M M -! 1/2 •a ■a as a> a, Name of applicant. ■33JJ uoq-BUiniBXa 1 1 '■ 184 OHIO SCHOOL LAWS. Forms and Instructions. TEACHERS' INSTITUTES. Constitution of County Teachers' Association- PREAMBLE. As a means of improvement in the profession of teaching, and of promoting the interests of the schools in our county, we the undersigned, associate ourselves to- gether under the following CONSTITUTION. Article I. This association shall be called the County Teachers' Associa- tion. ' Art. II. The officers of this association shall be a president, a secretary, and an executive committee of three members, who shall also perform the duties of a financial committee. Art. III. It shall be the duty of the president to preside at all meetings of the association. In case of vacancy, or in his absence, a president pro tern, may be elected, or the chairman of the executive committee may perform his duties. Art. IV. It shall be the duty of the secretary to perform the usual duties devolving upon such officer. Art. V. The executive committe shall carry into effect all orders and resolutions of the association, and shall devise and put into operation such other measures, not inconsistent with the object of this association, as it shall deem best. It shall arrange business for all regular meetings of the association, and shall appoint, under the direction of the association, at least one such meeting each year. It shall make all necessary arrangements for holding and conducting at least one teachers' institute in the county each year. In case the amount of money under the control of the as- sociation, including the institute fund in the hands of the county treasurer, be in- sufficient to defray the necessary expenses of an institute, said committee shall fix and give due notice of an institute tuition fee to be paid by those attending such institute. All moneys belonging to this association are to be paid out only on orders drawn by the executive committee. Art. VI. The executive committee shall hold its meetings as soon after election as possible. Two members shall constitute a quorum for business, and afterwards may meet on their own adjournment or appointment. Art. VII. Any teacher, or active friend of education, may become a member of this association, by subscribing to this constitution and contributing annually to the funds of the association. Art. VIII. The officers of this association shall be chosen by ballot, or in such other manner as the association may direct, at the annual meeting, and shall hold their offices for one year, or until their successors are elected. Art. IX. This constitution may be altered or amended by a majority of the members present at any regular meeting, provided notice of such intended alteration or amendment shall have been given at the preceding meeting. SCHOOL OFFICERS' GUIDE. 1 85 Forms and Instructions. Forms to be used under the provisions of the Education Law to compel children under fourteen years of age to attend school a certain length of time each year. [0. L. 86 v. 333.] NOTIFICATION TO PARENT OR GUARDIAN OF NON-ATTENDANCE. (Under Sec. 8.) 0., 189..: To You are hereby notified that , a minor, between the ages of and years, who is under your charge and control, is not attending any school. You are required by law to cause such child to attend some recognized school within five days from the date of this notice, under penalty of the law, which pro- vides as follows : * * "If said parent, guardiau, or other person having the legal charge and control of said child, shall willfully neglect, full, or refuse to cause said child to attend some recognized school, it shall be the duty of said officers to make, or cause to he made, a complaint against said parent, guardian c r other person having the legal charge or control of such child, in any court of competent jurisdiction in the city, village or township in which the offense occurred, for such refusal, failure, or neglect, and upon conviction thereof said parent, guardiau or other person, as the case may be, shall be punished by a fine of not less than five dollars nor more than twenty dollars, or the court may, in its discretion- require persons so convicted to give bonds in the penal sum of one hundred dollars, with one or more sureties to be approved by said court, conditioned that said persons so convicted shall cause the child or children under his or her legal charge or control to attend some recognized school within five days thereafter, and to remain at said school during the term prescribed by law." * *" * Truant Officer. 'Township, County, Ohio. [" Village district," or the name of the city may be written here instead of township.] COMPLAINT AGAINST PARENT OR GUARDIAN. (Under Sec. 8.) 0., 189... To of I, , duly appointed according to law by the Board of Education of *Township, County, Ohio, as Truant Officer of said *Township, hereby make complaint that is 1 86 OHIO SCHOOL LAWS. Forms and Instructions. of, and has legal charge and control of a minor, between the ages of and years : That the said is, under the construction of the law, a juvenile disorderly person : That in accordance with the Statutes in such cases made and provided, I did on the day of 1S9— , notify the said that the said was not attending any school, and requiring that the said should cause the said to attend some recognized school within five days from the date of said notice : ^ That the said — ■ has failed to comply with the requirements of said notice, as provided by law in such cases. In witness whereof, I have hereunto set my hand this day of 189—. Truant Officer of ^Township, County, Ohio *{" Village district ' ' or the name of the city mav be -written here instead of township.] « COMPLAINT AGAINST JUVENILE DISORDERLY PERSON. (Under Sec. 8 ) O., 189... To of !> , duly appointed according to law, by the Board of Education of ^Township, County, Ohio, as Truant Officer of said *township, hereby make the following complaint: That in accordance with the Statute in such cases made and provided, I did, on the day of , 169— , notify , the of, and having legal charge and control of , a minor, between the ages P f and ■ years, that the said was not attend- ing any school, and requiring that the said should cause the said to attend some recognized school within five days from the date of the said notice : p That the said having failed to comply with the requirements of said notice, I made complaint as provided by law in such cases. Now, whereas, the said having proved inability to cause the said to attend said recognized school, I hereby make complaint that said — is a juvenile disorderly person within the meaning of the Statute, and subject to the penalties of the law in such cases made and provided. In witness whereof, I have hereunto set my hand this day of 189—. Truant Officer of ^Township, County, Ohio "'[" Village district ' ' or name of city may be written here instead of township.] SCHOOL OFFICERS' GUIDE. 1 87 Forms and Instructions. WARRANT FOR THE ARREST OF A JUVENILE DISORDERLY PERSON. The State op Ohio, 10, I > 88. County. J To , truant officer, [or any constable or policeman] greeting: Whereas, there has been filed with me an affidavit, complaining that, under the provisions of an act passed by the General Assembly, April 15, 1889, to compel children under fourteen years of age to attend school a certain length of time each year, is a juvenile disorderly person: these are, therefore, to com- mand you to take the said and safely keep so that you have body forthwith before me, or any court of competent jurisdiction in said county, to answer the said complaint, and be further dealt with according to law. Given under my hand, this day of , 18—. [Here write name of office.] COMMITMENT. State of Ohio, County, township [village district, or city.] [■ S8. By , [name of office], to any truant officer, [constable or policeman] for the said township [city or village] : These are to command you in the name of the people of the State of Ohio to take and convey to [here insert the name of the juvenile reformatory or county children's home] the body of who being charged before me on the oath of , truant officer, with being a juvenile disorderly person, under this act, I caused the said to be brought before me on said charge, and I proceeded to inquire into the matter in his presence, and having duly considered the said matter, was convicted on competent testimony of being a juvenile disorderly person. And I having been satisfied by sufficient proof that the said is a child between the ages of eight and fourteen years, and is of the age of years, htwing sufficient bodily health and mental capacity to render attendance and instruction at some public or private school expedient and practicable, was adjudged by me to be a proper subject to be committed to the Now, therefore, you , [here insert name of office] are hereby commanded to receive the said , who is hereby committed by me to your care in said county children's home, [or juvenile reformatory] there to be restrained and detained and sent to school until such child shall arrive at the age of sixteen years, unless sooner discharged by the board of trustees of said home, |or reformatory.] OHIO SCHOOL LAWS. Forms and Instructions. Given under my hand and seal this day of in the year of our Lord one thousand eight hundred and . [0. L. 86 v. 336, § 8.] ... [seal.] Sere insert name of office. CERTIFICATE OF SCHOOL ATTENDANCE. (.Under Sec. 2.) 0., 189... To all whom it may concern: This is to certify that has attended my school for a period of not less than weeks within this year, weeks of which have been consecutive. Teacher of School, , County, Ohio. Section 2 provides, "That no child under the age of fourteen years shall he employed hy any per- son, company or corporation during the school term, and while the public schools are in session, unless the parent, guardian or other persons having care of such child, shall be able to give substantial proof that he or she has fully complied with the requirements of Section 1 of this act, or that such child has completed the usual primary or grammar grades in some public or private school, and such person, company or corporation shall demand such proof before giving employment to any minor, and shall make a record of said proof given, and shall be required, upon the request of the officer (hereinafter provided for) to allow said officer to examine the said record and also the record as pro- vided for in Section 6086aa of the Revised Statutes, and any person, company or corporation employing any child contrary to the provisions of this act shall be liable to a penalty of fifty dollars for each offense, to be recovered in an action for debt in any court, or before any justice of the peace having jurisdiction, and such action shall be brought in the name of the clerk of the board of education. CERTIFICATE OF EDUCATION. (Under Sec. 3.) 0., 189... To all whom it may concern: ■ This is to certify that , who is a minor over the age of fourteen and under sixteen years, can read at sight and write legibly simple sentences in the English language ; as required by law, under the Ohio Laws, Vol. 86, p. 333, Sec. 3. Clerk of Board of Education of County, Ohio. SCHOOL OFFICERS GUIDE. 189 Forms and Instructions. Section 3 provides, "That all minors over the age of fourteen and under sixteen yeais, who can not read and write the English language, shall be required to attend school at least one-half of each day, or to attend some evening school organized and maintained by the board of education, or to take regular private instruction from some person qualified, in the opinion of the superintendent of schools in cities, and the clerk of the board of education in villages and townships, to teach such branches, until he or she shall obtain a certificate from the superintendent of schools in cities, and the clerk of the board of education in villages and townships, certifying that said minor can read at sight and write legibly simple sentences in the English language, and every person, company or corporation having such minor in employment, shall be required to exact such school attendance from such minor, and be prepared, upon demand of the hereinbefore mentioned officer, to furnish evidence that such minor does comply wish the requirements of this act, and any person, company or corioration failing or neglecting to exact such school attendance from such minors shall be liable as provided for in Section 2 of this act; provided, such person, company or corporation shall not have made provisions for the private instructions of such minors." NOTICE TO EMPLOYERS OF YOUTH. To [here insert name of person, company or corporation]. Your attention is respectfully called to sections 2, 3, 6 and 12 ot an act passed by the General Assembly, April 15, 1889, to compel children under fourteen years of age to attend school a certain length of time each year. In compliance with the provisions of this act, you are requested to return to me on this blank the names, ages, and residence of all minors under fourteen years of age employed by you, also all minors between fourteen and sixteen years of age, and to state whether you have a certificate from the superintendent of schools, or clerk of the board of education, that authorizes you to employ such minors. ! Clerk of Board of Education. Name of minor. Age. Residence. Certificate — Yes or no. *In cities this notice may be signed by the superintendent of schools. 190 OHIO SCHOOL LAWS. Forms and Instructions. TEACHER'S EEPOKT. (Under Sec. 11.) 0., 189... To the Clerk of the Board of Education of , Co. 0. The following is a correct list of the scholars attending my school at the time of this report, being the last week in 189—. , Teacher. Names of scholars. Age. Residence. SCHOOL OFFICERS GUIDE. 191 Forms and Instructions. Es <*^ 0) ,fi a *?> is O -fl £ P5 W O M EH P M H o H M C c- a *a on Sq Cq £ 6 Complaint entered of Juvenile Dis- orderly. as P a Complaint entered on refusal, failure, or neglect. 03 P J3 n 55 aj .2 § CO & P j— > +3 a 09 CO 60 P '3 03 >> P a 3 a a v 03 >-> H 03 a INDEX TO THE OHIO SCHOOL LAWS. 1 ABSTRACT— section page Enumeration, returns of, to be made by county auditor... 4039 108 School statistics to be returned by county auditor .... 4060 119 ACADEMY— (See Private School*.) ACCOUNT BOOKS— Auditor to furnish clerks and treasurers with 4055 116 ACCOUNTANT— Appointed to investigate fraudulent use of money 361 142 AFFIDAVIT— Complaining of fraudulent use of money 364 142 AGE- (See School Age.) ANNUAL ESTIMATES— To be made by board 3958 43. To be made by county commissioners, when 3969 48 For joint sub-districts, by whom made 3941a, 3961 36, 44 APPARATUS— May be furnished by board 3995 75 APPOINTMENT— Sub-district clerk 3918 26 Local directors to fill vacancy 3919 27 Commissioners to consider formation of joint sub-district.. 3938 35 Board of education to fill vacancy 3981 58 Librarian 3998 77 Examiners, State board 4065 120 Examiners, counly boards 4069 122 Examiners, local boards 4077,4084 128, 131 Truant officer 6 98 Directoi 8 of Cincinnati and Toledo universities 4098 137 To fill vacancy in office of school commissioner 354 140 Accountant to investigate charges 364 142 APPORTIONMENT OF SCflOOL FUNDS— State common school fund, irreducible fund, etc 3956 41 By county auditor, how made 3964 45 When county line divides original township 3966 46 Contingent fund by board of education 3967 47 Appeal in case of dissa'isf action 3967 47 APPROPRIATION OF PROPERTY— How made for school purposes.. 3990 72 ASSIGNMENT OF YOUTH— May be made by board of education 4013 85 13 194 INDEX TO OHIO SCHOOL LAWS. ATTENDANCE ENFORCED— section bag What children must attend school 1,2,3 95, 96 What children must attend half of each day, evening E school, or private school 3 96 When unlawful to employ children 2 96 Board to ascertain condition of non-attending children.... 4025 94 When board may supply books 4026 94 Penalties for violating provisions 2, 3, 4, 8, 12 96,96,97,99, 102 Penalties imposed upon persons or officers for neglect of duty 13 102 When children sent to juvenile reformatory, or children's home.... 8 99 When children may be released from enforced attend- ance , 9, 10 101 What is equivalent to attendance in day school 4029 95 AUDITOR OF STATE— Apportionment of school fund by 3956 41 Superintendent of "common school fund" 3953 41 AUDITOR— (See County Auditor.) BEQUESTS— To common school fund .... 3955 41 Maybe accepted by boards 3975 54 May be received by county commissioners 145 BIDDING— Directions for, on school-houses 5988 69 BLANKS— By whom furnished 4058 117 To be distributed by county auditor 41:58,4060 117, 119 BOARD OF EDUCATION— (See City Districts of Firrt Class, City Districts of Second Class, Village, Special, and Township Districts, etc) May transfer territory 3893 9 May provide for organizing township into village district. 3894 10 Organization, how effected 3895-6 10 General powers and duties... 3971 51 May sell and exchange real estate 3971 51 Has title to what property..; 3972 52 Property exempt from sale on execution 3973 53 Property vested in, exempt from taxation 3973 53 Conveyances and contracts by 3974 54 Members cannot contract with board 3974,6975 a 54, 113 When members must not participate in an election of a teacher 6975 a 113 Must not accept or offer bribe , 6975 a 113 Contracts must be made at meeting 3974 54 May receive compensation as what 3974 54 May accept bequests 3975 54 Process against, how served 3976 55 Prosecuting attorney or county. solicitor counsel for 3977 55 To decide tie votes by lot 3978 56 Oath to be taken by members and officers 3979 57 Organization, time and mode of 3980 58 Shall appoint an auditor 3980 58 Vacancies, how filled and when 3981 58 INDEX TO OHIO SCHOOL LAWS. J 95 BOARD OF EDUCATION— Continued— section pa<; Quorum, yeiis and nays when taken 3982 GO President or clerk, absence of 3983 61 Record of proceedings, attestation 3984 62 Shall make rules and regulations 3935 62 May enforce vaccination 3986 63 To build, enlarge, repair school-houses, etc 3987 67 May purchase rights of way, build fences, plant orna- mental trees.. 3987 67 May let bids and contracts for house 3988 69 To erect houses in. joint sub-districts 3989 72 Mr/ appropriate property 3990 72 May submit to voters question of tax levy 3991 73 To certify such levy to auditor, if approved 3992 74 How anticipate levy, by issue of bonds 3993 74 How iesue bonds in city districts, first class 3994 75 May buy books for library, apparatus, etc., (See Libraries) 3995 75 May purchase book3 from publishers.. 4020 91 May purchase books for indigent children 4026 94 Must provide for the study of the nature of alcoholic drinks and narcotics, etc 92 Must provide sufficient schools- 4007 80 May establish schools of higher grade 4009 81 May establish school at orphans' homes, infirmaries, etc.. 4010 83 May provide evening schools 4012 85 May admit whom to school, condition 4013 85 Suspension and expulsion of pupils 4014 86 May control schools, appoint officers, and for what term.. 4017 87 To determine studies and text-books 4020 91 Shall cause the German language to bfi taught 4021 93 Shall enforce attendance (See Attendance Enforced.) Shall appoint truant officer 6 98 Shall make an annual report (See Reports.) BONDS— How and when issued for school purposes 3993-4 74, 75 To be given bv school officers— clerk of board 40".0 114 Treasurer of brard '. 40-13 109 Clerk of examining board 4076, 4079 128, 129 Institute committee 4086 132 Forfeiture of bond of committee 4089 133 State school commissioner 3of> 140 Recording and tiling treasurer's bond 4043 109 BOARD OF EX A MINERS- (See -State i'oard Examiners, County Board, City and Village Boards ) BOARD OF INFIRMARY DIRECTORS— Powers and duties as to schools 40!0 83 BOARD OF TRUSTEES OF CHILDREN'S HOME OR ORPHANS' ASYLUM— Powers and duties as to schools 4010 83 BOOKS— May be purchased for libraries 3995 75 When furnished to pupils by board 4026 94 BRANCHES OF STUDY— Must be taught in English 4020 91 On what teachers must be examined 2, 4074 92, 125 196 INDEX TO OHIO SCHOOL LAWS. CERTIFICATE— section fags Original or copy thereof to be Sled with clerk ., 4051 114 Issued by State board of examiners- 4066 121 Eevocation of same 4067 121 Issued by county boards, for what term.. 407S 124 revocation of same- 4073 124 when renewable without re-examination.................... 4073 124 No one shall teach without. 4074 125 Issued in city districts of first class......................... 4081 130 when renewable without re-examination. 4031 130 grades of certificates issued 4081 130 revocation of 4081 130 Issued in city districts of second class, and in village 4084 131 Certificates must not be ante-dated 4073 124 CHAIRMAN— Election in village districts-.. 3908,3911,3918, 3913 19,21, 22 sub-districts 3917, 3924 • 25, 30 special districts....................... 3926 31 CHANGE OF DISTRICTS— As to classification in cities.. 3889 8 By transfer of territory......................... 3893 9 Appeal in such cases. 3893 9 CHARITY SCHOOL— (See Zanaville.) CINCINNATI AND TOLEDO UNIVERSITIES— Council of Cincinnati may accept educational trusts........ 4095 136 How trust funds to be applied 4096 336 Trusteeship to vest in city..................... 4097 137 Appointment of directors Cincinnati and Toledo universi- ties 4098 137 Powers of board...... 4099 138 Citizens not to be charged for admission of children 4100 138 Accounts and expenditures...... 4101 138 Board may confer degrees, when................... 410:3 138 Sites and grounds.. 4103 139 Tax, when and how levied. 4104 139 Provisions applicable to Toledo 4105 139 CITY DISTRICTS OF THE FIRST CLASS— Classification of 3886 7 Changes in 3889 8 Board, how constituted 3897 11 When two members from each ward, how elected......... 3898 12 When one member from each ward, how elected... , 3899 14 Where electors, not residing; in wards, to vote 3900 15 Plat of attached territory..... 3900 15 Conduct of elections.. 3901 15 How electors on attached territory cast ballots 3902 16 Time of regular and special meetings of board 3903, 3980 17, 58 Board to fill vacancies, to make rules and regula- tions 3903, 3981 17, 58 Bonds, when and how issued 3994 75 Who to be treasurer of school fund 4042 108 Annual report, to be published 4059 118 Board of education to appoint examining board 4077 128 INDEX TO OHIO SCHOOL LAWS. 1 97 CITY DISTRICTS OF THE FIRST CLASS— Continued— section page Institute, may be provided for 4092 135 Institutes, teachers may unite for 4093 135 (See Board of Education.) CITY DISTRICTS OF THE SECOND CLASS- Classification of 3887 8 Changes in 3889 8 Membership of board and how increased 3904 17 Ejection of members 3905 18 Election, conduct of 3908 18 Election, where there are as many members as wards S907 19 Treasurer of school fund, who 4042 108 Institutes, teachers may unite for 4093 135 CITY AND VILLAGE EXAMINERS— Ineligible, who 4069, 4077, 4084, 4085 122,128,131,132 Boards in city districts of first class 4077 128 Standard of qualification for teacher3 4078 129 May secure assistance 4078 129 Organisation of board, bond of clerk 4079 129 Meetings and notice of same...... 4080 130 Examination fees 4081 130 Grades of certificates issued... -. 4081 130 Compensation of, incidental expenses 4082 131 Clerk, duty of, disposition of fees 4083 131 Law same for all city districts and village districts 4084 131 CLASSIFICATION AND CHANGE OF DISTRICTS— Different classes, changes of, etc 3885, 3892 6, 9 CLERK BOARD OF EDUCATION— To certify transfer of territory 3893 9 To give notice of election 3909 20 Township clerk not entitled to vote 3915 24 May appoint local director, when 3919 27 Process served on by leaving copy with 3976 55 Absence from meeting 3983 61 Record of proceeding to be kept by and signed 3984 62 Shall draw order for pay of sub-district teacher 4018, 4019 88, 90 Unlawful to draw order for pay of teachers, when 40ol 114 Shall prosecute for non-attendance of children, 4025 94 Shall prosecute when children are illegally employed 2 96 Shall be ji:dge of the qualification of private teachers, when 3 96 Shall certify to ability of children to read and write,when. 3 96 May excuse non-attendance of pupils, when 4 97 Truant officer shall report to 7 98 Blanks must be provided by 7 98 Principals and teachers of schools must report to 11 102 To have enumeration of youth taken 4032 105 Abstract of enumeration to transmit to auditor 4035 106 Auditor to act when clerk fails 4036 106 Bond of treasurer, to receive and file 4043 109 Money to be counted in his presence 4043 109 Money paid into treasury on his order 4047 111 To furnish auditor statement of funds in treasurer's hands. 4048 112 Must give bond 4050 114 198 INDEX TO OHIO SCHOOL LAWS. CLERK BOARD OF EDUCATION— Continued— section Duties as to statistics. 4052 To publish receipts and disbursements.. 4053 To deliver books to successor.......... ........... 4054 To keep account with treasurer.. 4055 Compensation of..... 4056 Report appointment of examiners in city districts.. 4077 Shall report institute, city districts, first class 4092 CLEVELAND— Library board, how elected... 4000 Powers and duties of such board 4001 Money raised by taxation, how expended..... 4002 Manual and domestic training for children COLUMBUS— Board may convey land for park purposes. Board of education, how elected..... COMMISSIONER — (See State Commissioner Common Schools, County Commissioner, and Joint Sub-district.) COMMON SCHOOL FUND-(See School Funds.). COMPULSORY ATTENDANCE— (See Attendance Enforced.) CONSOLIDATION OF SUB-DISTRICTS— Election in case of 3922 CONTINGENT FUND— Levy by board of education 3958 How apportioned 3967 Appeal from apportionment, by local board 3967 How applied in Toledo........ 3988 CONTRACTS— Powerer of board to contract 3971 Members cannot contract with board 3974 Member must not vote for relative for teacher 6975a Must be made at meeting 3974 Township board responsible for acts of local boards, when 3987 Directions for letting. 3988 Between boards for schooling pupils 4022 COUNTY AUDITOR— School levy to be certified to 3960 Duties as to funds of district in more than one county..... 3963 Apportionment of school fund, how made 3964 of money not otherwise appropriated 3964 Distribution of money after apportionment...... 3965 Apportionment common school fund when county line divides original township .'. 3966 Collect fines and inspect section sixteen accounts 3970 Receive abstract of enumeration from clerk — 4035 Have enumeration taken, if clerk fails 4036 Furnish abstract of enumeration to commissioner........... 4039 School treasurers to settle with annually 4044 Collect penalty for failure to settle 4045 Miscellaneous receipts to be reported to him 4047 May allow treasurer what amount of funds 4048 Copy of clerk's bond must be filed with 4050 Receive statistical statements from clerks 4052, 4057 Furnish commissioner with abstract of statistics..... 4060 PAGE 15 115 116 116 1 6 128 134 77 78 78 145 146 148 29 43 47 47 47 51 54 113 54 67 69 93 44 45 45 45 48 49 106 106 108 110 111 111 112 114 115, 117 119 INDEX TO OHIO SCHOOL LAWS. 1 99 4 COUNTY AUDITOR— Continued— section page Distribute blanks, books, circulars, etc 1 4060 119 Penalty against auditor and clerk 4060, 4061 119 May appoint persons to make reports.. 4062 119 Penalty for failure to make enumeration return 4063 119 His compensation 4064 120 Report of examination fees made to him 4072, 4084 124, 131 Furnish blanks, books, etc., to examiners 4075 127 Keep on file bond of clerk of examiners 4076 128 Bonds of institute committee to be approved by him 4086 132 Give committee order forinstitute fund 4087 133 Give commissioner's examiner acceES to papers, etc 364 142 COUNTY BOARD OF EXAMINERS— Appointment, term, vacancy 4069 122 Who may and who may not be an examiner 4069 ' 122 Organization, president, clerk, duties of each 4070 122 Meetings, examination fees 4071 123 Disposition of fees 4072 124 Traveling expenses 4072 124 Duration of certificates and when valid 4073 124 Revocation of 4073 124 Qualifications of teachers 4074 125 Compensation of, incidentals, etc 4075 127 Annual report of clerk, bond, etc 4076 128 Ineligible as examiner, who 4069, 4085 122, 132 COUNTY COMMISSIONERS— Appeal to in transfer of territory 3893 9 May make levy for site and house in joint sub-district, when 3941a 36 Appeal to, to revise apportionment contingent fund 3967 47 May perform duties of board of education, when 3969 48 Compensate auditor for reports made 4064 120 May receive bequests and donations 145 COUNCIL OF MUNICIPAL CORPORATION— May sell or exchange property with board 3971 51 COUNTY TREASURER- Duties with reference to State school funds- 3956 41 Collect school taxes 3960 44 Fees for same . 3960 44 Duty when district lies in more than one county 3963 45 course of study- How and by whom adopted ; textbooks 4020 91 Branches to be taught in English 4020 91 German to be taught, when 4021 93 Physiology and Hygiene, etc., must be taught 1 92 DAYTON— Library board, how elected 1, 2 146 Powers and duties of 3, 4 146 DIRECTORS, LOCAL— Election of .• 3916, 3917 25 Organization of. 3918 26 Failure to elect ; vacancy, how filled 3919 27 May appeal from apportionment of contingent fund 3967 47 May build, repair, lease, etc., when 3987 67 11, 16 17, 19 19, 22 25, 28 30, 31 2CO INDEX TO OHIO SCHOOL LAWS. * DIRECTORS, LOCAL— Continued— section page May employ and dismiss teachers 4018 88 Cannot exceed funds apportioned them 4018 88 Failing to employ teacher, township board may act 4018 88 Certify amount due teachers 4018 88 Dismissal of teacher ;.....,.. 4018 88 May act on expulsion of pupils 4014 86 /"," Application for use of school-house for literary societies, etc < 68 DISMISSAL OF TEACHERS, JANITORS, ETC.— _^,.Causefor 4017, 3 87, 92 By local directors 4018, 4019 88, 90 DISTRICTS— (See Classification and Change of Districts.) Funds of, when lying in more than one county =. 3963 45 ELECTIONS— City districts, first, class 3897, 3902 City districts, second class 3904, 3907 Village districts 3908, 3913 Sub-districts. 3916, 3920 Special districts 3924, 3926 EMBEZZLEMENT— By^member board of education 4047 (notec.) 112 ENGLISH LANGUAGE— All branches to be taught in 4020 91 ENUMERATION— Taken when, and how often 4030 104 Enumerators must take oath 4031 105 What facts enumeration must contain..., 4031 105 Enumerators must make affidavit to correctness of return 4031 105 Compensation for same •• 4031 105 What clerks to employ enumerators 4032 105 Clerk of local board must take in sub-districts 4033 105 How taken in joint sub-districts 4034 106 Clerk of board to transmit abstract to auditor 4035 106 Auditor to act, if clerk fails • 4036 106 When county line divides original township .' 4037 107 Penalty for failure to enumerate 4033 107 Auditor to furnish abstract to State Commissioner 4039 108 If excessive, State Commissioner to have it re-taken 4040 108 Penalty for false returns 4041 108 EVENING SCHOOLS— Where established 4012 85 Attendance on same, equivalent to what 4029 95 Minors between 14 and 16 must attend, when 3 96 EXAMINERS— (See State Board of Examiners, County Board Examiners, City and, Village Examiners.) EXAMINATION FEES— State certificates , • 4068 121 County certificates..-.. v 4071 12S Certificates, city districts first class 4081 130 Disposition of 4072, 4083 124, 131 EXECUTION— School property exempt from , 3973 53 INDEX TO OHIO SCHOOL LAWS. 201 EXPULSION OF PUPILS— section page How done, audfor what length of time 4014 86 FEES — (See Examination Fees.) FINES— (See Penalty.) FORMS FOR REPORTS— Prepared by school commissioner... 359 141 FRAUD- * In use of school money, to be investigated 364 142 FUEL— Conlracts for 3937 67 FUNDS— (See School Fund*,) GERMAN LANGUAGE— To be taught, when 4021 93 HALF TIME SCHOOLS— Attendance on same, how estimated 4023 95 HOLIDAYS— What are legal holidays 4015 86 INSTITUTES— (See Teachers' Institutes.) INTEREST— On irreducible school fund 3952, 3954 40, 41 INTERPRETATION: OF SCHOOL LAW— Rules of 5 IRREDUCIBLE SCHOOL FUND— (See School Fund.) JANITOR— Employed by board of education „ : 4017 87 Elected for what term, dismissal of 4017 87 For county examiners 4075 127 JOINT SUB-DISTRICTS— Township boards may establish, for what purpose '3928 32 Governed and supported, how 3929 33 Other provisions for establishment of 3930 33 , Established on petition of three or more persons 3931 33 What petition to contain 3932 33 Clerk to give notice of filing 3933 33 Petition or remonstrance may be filed with probate judge. 3934 34 Petition to give security for costs 3935 34 Time and place of meeting of commissioners 3936 34 Publication of notice 3937 34 Commissioners to be appointed 3938 35 Oath and duty of commissioners 3939 35 Clerks to present plats and papers. 3940 35 Report of commissioners 3941 35 Local board to designate site, when 3941 a 36 B>>ard of education to levy tax for school-house site 3941 a 36 County commissioners to act, when .' 3941 a 36 Effect of the report of commissioners appointed by pro- bate judge 3942 36 Judgment for costs, what fees allowed 3943 37 Report and judgment for sub-district . 3944 37 Costs in case of establishment of sub-district 3945 37 Petition for new sub-district, special district, etc 3946 37 Proceedings thereon 3947 38 202 INDEX TO OHIO SCHOOL LAWS. JOINT SUB-DISTRICTS- Continued— section page When petition or remonstrance may be filed with pro- bate judge 3948 38 Election and duties of directors 3849 88 Joint sub-districts, how changed, altered, dissolved 3950 39 May not be changed or dissolved until after five years, ex- cept by order of the court 3950 39 Appeal to probate court for dissolution 3950 89 Estimate and levy of contingent fund, how made 3961 44 Funds of, how apportioned and transferred by auditor ... 3981 44 Estimate and levy when county line divides tub-district.. 3962 45 When school-house to be re-built,- site may be changed by vote of directors, « 3989 72 Clerk to take enumeration 4034 106 LEASING SCHOOL LAND— (See Section 1404, Revised Statute.) LEASING— School sites or rights of way thereto 8987 67 LEVY FOR SCHOOL PURPOSES— For State common school fund - 3951 40 When made and for what purpose..... 3958 43 Amount of levy. , 3959 44 Additional levy submitted to voters, when and how........ 3991 If approved, to be certified to Auditor 3992 74 Levy anticipated, how...-. 8993 74 For city libraries 3996 76 LIBRARIES — Boards may appropriate money for, amount of 3995 75 Levy for city libraries 3996 76 How expended 3997 77 Board may appoint librarian 3998 77 Board may make rules and regulations 3998 77 Board of managers may be appointed in certain cases 3999 77 Library board to be elected in Cleveland 4000 77 Powers and duties of such board 4001 78 Library tax, how expended 4002 78 Consolidation of Portsmouth libraries. 4003 79 Board to appoint library committee..... 4004 79 Powers and duties of such committee 4005 79 Power to levy tax ...» 4006 79 LOCAL DIRECTORS— (See Directors, Local.) LOCATION OF SCHOOL HOUSES— Place most convenient for greatest number 4007 80 MEETINGS OF BOARDS OF EDUCATION— In cities of first class 3903 17 Meeting of board of directors..... 3918 26 Meeting of township board 3920 28 Special meetings, how called 3920 Contracts must be made at meeting 8974 54 Absence of president or clork pro tern., officer may be chosen 3983 61 Special meeting not legal unless all members notified 3985 62 Text-books and course of etudy determined at regular meeting 4020 91 INDEX TO OHIO SCHOOL LAWS. 203 MEETINGS OF BOARDS OF EXAMINERS— section page County examiner*, number of meetings, etc 4071 123 Meetings to be published 4071 23 City examiners, districts of first class •• 4080 130 City districts second class, and village districts 4084 131 MONEY— Fraudulent use of 364 MONTH— School month, what 4016 86 NOTICE- Elections— (See Elections.) Examinations to be published 4071, 4080 123, 130 • Truant officer to notify parents of absence of children from school 8 " OATH- To be made by school officeis 3979 57 ORGANIZATION OF BOARD8- Manner and time of. 398 ° 58 PENALTY— Members of board failing to perform duty may be fined.. 3969 48 For various offenses 3970 (note.) 49, 50 Company or corporation liable to penalty, for what... 2, 3, 12 96, 102 Parent or guardian liable to penalty, for what 4, 8 97, 99 Persons and officers neglecting to perform certain duties liable to fine • 13 102 For voting for relative for teacher 6975 a R. S. 113 For offering bribe or reward 6975 a R. S. 113 For accepting bribe by employe or officer of board 6975 a R. S. 113 For fraudulent enumeration return 4041 108 Failure of treasurers to settle with auditor 4045 111 Failure of auditor to furnish report 4060 119 Failure of auditor to make enumeration return 4063 119 Failure of executive committee of institute to report to the commissioner •■•• 4088 133 Defacing property, disturbing meeting, etc 3972 (notes.) 52, 53 For willfully disturbing school 3972 (notes.) 53 PERSONAL PROPERTY— (See Real or Personal Property.) PRESIDENT OF BOARD— Process on board served by leaving copy with 3976 5o Absence from a meeting supplied by pro tempore presi- dent 3 9 83 H Sign minutes of meetings • 3 924 62 Sign orders for payment of money 4047 111 Keep clerk's bond on deposit 4050 114 PRIVATE SOHOOLS- Shall report to school commissioner 363 142 PROBATE JUDGE— (See Joint Sub-Districts.) Appoint county examiners 4069 122 Report to school commissioner name and address of • . 4069 122 appointees 4UDii *'* May revoke appointment of examiner for inefficiency, etc. 4069 122 PROCESS- How served against board 3976 && 204 INDEX TO OHIO SCHOOL LAWS. PROSECUTING ATTORNEY— section page Counsel for boards of education 3977 55 Prosecute for fraudulent use of money, etc.... 886 143 Prosecute on forfeiture of bond of executive committee... 4089 13 PROVISIONS APPLYING TO ALL BOARDS— (See Boards of Education.) QUORUM— Necessary to transact business 3982 60 REAL OR PERSONAL PROPERTY— How sold or exchanged : 3971 51 Title, in whom vested.... 3972 52 Exempt irotn sale on execution 3973 53 RECEIPTS AND DISBURSEMENTS— Itemized statement to be published 4053 115 Boards to make report to county auditor 4057 . 117 REMONSTRANCE— (See Joint Sub- District) REPORTS— Receipts, expenditures and statistics to be reported to auditor 4057 117 In what form reports shall be made 4058 117 Superintendents and teachers to report annually to county auditor 4059 118 Boards of city districts, first class, shall publish annual report 4059 118 Auditor to make report of statistics to commissioner ... 4060 119 Auditor to distribute circulars, blanks, etc 4060 119 Penalty for failure to perform these duties 4060, 4061, 4063 119 Auditor to appoint person to make report when clerk fails '. 4062 119 Examiner of alleged defalcation to report to commis- sioner and court 365 143 RESIDENCE— Without, but homestead within district 4013 85 REVOCATION— Certificate by state board of examiners... 4068 121 Certificate by county board 4073 124 Certificate by examiners, city districts, first class 4081 130 Appointment of county examiner 4069 122 Appointment of city examiner 4077 128 RULES OF INTERPRETATION OF LAW— As laid down by courts 5 RULES AND REGULATIONS— Boards of education, for their own government.. 3903, 3985 17, 62 Governing pupils and appointees 3985 62 SALT AND SWAMP LANDS— (See School Funds.) SALARIES— Cannot be increased nor diminished, when 4017 87 Local directors to fix salaries in sub-districts 4018 88 Township board may increase, but not diminish, salaries fixed by local directors... 4018 88 INDEX TO OHIO SCHOOL LAWS. 205 SCHOOLS— SECTION PAGE Location and continuance of schools 4007 80 At least one primary school in each sub-district 4007 SO Higher grade than primary may be established 4009 81 Cannot be abolished for three years after establishment 4009 81 Township, village and special districts/ may unite to establish township high school 4009 a 82 How these districts may uuite 4009 b 82 How sustained in children's homes, orphans' asylums, infirmaries 4010 83 To be under control of trustees of institution 4010 88 Youth may be sent to charity school at Zanesville 4011 84 Evening schools may be established 4012 ' 85 Who may be admitted to school free 4013 85 Tax of non-resident to be credited on tuition 4013 85 Assignment of youth by board 4013 85 Suspension and expulsion of pupils 4014 86 School holidays 4015 86 School year, month and week.... 4016 SQ Board to control schools and appoint all employes, except teachers in sub-districts 4017 87 May dismiss appointees 4017 87 Board cannot increase nor diminish salary during term 4017 87 Directors to employ, pay, and dismiss teachers in sub- districis 4018 88 Teachers dismissed for insufficient reasons may bring suit . 4019 90 Boards to determine text-books and course of study 4020 91 German language shall be taught, when 4021 93 Pupils may be sent from one district to another, when... 4022 93 SCHOOL AGE— Unmarried youth between six and twenty-one (see note b to 4013) , 4030 104 SCHOOL ATTENDANCE— (See Attendance Enforced.) SCHOOL DISTRICTS~(See Classification and Change of Districts ) ' SCHOOL FUNDS— " State common school fund" 3951 40 Interest on proceeds of sales of salt and swamp lands, etc 3952 40 "Common school lund, : ' origin of and income from 3953 41 Accounts of, how kept 8951 41 An irreducible debt 8954 41 Bequests in trust for 3955 41 Apportionment of state common school fund, etc 3956 41 Common school fund, interest on, where paid, when county line divides original surveyed township 3957 48 Board to levy for school purposes, when 3958 43 Board to estimate amount necessary to continue schools 3958 43 Amount of levy boards may make 3959 44 Estimate made by board to be certified to county auditor 3960 206 INDEX TO OHIO SCHOOL LAWS. SCHOOL FUNDS— Continued— section page Estimate of contingent fund for joint sub-district 3961 44 Estimate when county line divides such sub-district 3962 45 Funds of a district in more than one county, to whom paid . • 3963 45 County auditor to apportion funds, how 8964 45 Distribution of money after apportionment.......... 3965 46 Of common school fund when county line divides original township 39C6 46 Contingent fund so apportioned that schools shall be continued the same length of time 3967 47 Sub-districts may appeal to county commissioners when apportionment is unsatisfactory 3967 47 Funds apportioned among sub-districts can not be re- apportioned • • 3967 47 Contingent fund, how applied at Toledo 3968 47 County commissioners to levy contingent fund, when... 3969 48 Members of board failing to make estimate subject to fine - 39G9 48 County auditor to collect fines, and inspect tectum 16 accounts •• 3970 49 Treasurer to produce school funds to be counted by board.... ■ - 4043 109 Supervision over school fund by school commissioner... 358 141 SCHOOL HOUSES— To be provided by boards of education... 3987 67 Power of directors of sub-district 39S7 07 Directors to act under direction of township board 3987 67 Directions for bidding and letting contracts 3988 69 Erection of houses in joint sub-districts.......... 3989 72 Boards may condemn lands for school-house sites 3990 72 Tax levy submitted to voters, when and how... 3991 73 If approved to be certified to auditor 3992 74 Levy may be anticipated by borrowing money 3993 74 Clerk to "keep record of bondd.... 3993 74 Bonds, how issued by city districts of the first class 3994 75 Defacing school-house, burning, stealing from, etc 8972 (notes) 52 Safety of— (See Sections 2568, 2572, 7010, Revised Stat- utes.) School-houses may be used by literary societies, etc 68 SCHOOL LAWS— Distribution of, how and when..... 361 141 SCHOOL LIBRARIAN— (See Libraries) SCHOOL MONTH— (See Month) SCHOOL ROOMS— Renting of by boards 2987 67 SCHOOL REPORT- TO be made annually 361 141 Number copies — (See Sections 63, 64, Revised Statutes.) W T bat it shall present 362 142 SCHOOL YEAR— (See Year.) INDEX TO OHIO SCHOOL LAWS. 2CJ SITES— SECTION PAGE Board to furnish 3987 67 Submission of tax levy for 8991 73 SPECIAL MEETINGS-(See Meetings.) SPECIAL DISTRICTS— Classification of 3891 9 Formed or altered, how 3946 37 Board, how constituted, aud how increa-ed 3923 30 Election of members < t board 3924 30 Notice and conduct of election 3925 30 How abaudoned 3926 31 Disposition of property 3927 31 Treasurer, how chosen 4042 108 Teachers may unite for institute 4093 135 May unite with township and village districta to estab- lish township high school 4009 a, 4009 6 82 STATE BOARD OF EXAMINERS— Appointment of, term of office, vacancy, etc 4065 120 Grades of certificat s to be issued 4066 121 Shall supersede all ether certificates 40G7 121 Examination fees 40G8 121 Compensation and expenses of examiners 4068 121 STATE COMMISSIONER OF COMMON SCHOOLS— Vote to be returned to him when a township votes on the question of becoming a village district 3895 10 Abstract of enumeration to be furnished him 4030 104 Duty when he deems enumeration excessive 4040 108 Furnish blanks for reports 4058 117 May require reports to be made to him direct 4058 117 Certificate to county auditor for reports made 4064 120 Shall appoint state board examiners 4065 120 To countersign state certificates 4067 121 To be notified of the appointment of examiners. 4069,4077,4084 122, 128, 131 Report of examinations to bo forwarded to.... 4076,4083. 40S4 128, 131 To receive reports of institutes 4086, 4088, 4094 132, 133, 135 May hold institute, when 4090 134 Shall be elected tri -ennially 354 140 Term of office 354 140 Vacancy filled by appointment of governor 354 140 His official bond and oath 355 140 Office to be at seat of government 356 140 To visit the several judicial districts 357 141 His supervision over school funds .^. 358 141 May require reports from county auditor and school officers 358 141 Shall prepare forms and regulations for reports 359 141 Duties as to distribution of school laws 360 141 Annual report, when made 361 141 Number of copies — (See Sections 63, 64, Revised Stat- utes.) What it shall present 362 142 Shall require reports from private schools, etc 363 142 208 INDEX TO OHIO SCHOOL LAWS. STATE COMMISSIONER OF COMMON SCHOOLS— Continued— SECTION PAGE Duty on complaint of fraudulent use of money 364 142 Appointment of accountant to investigate such misuse.. 364 142 Accountant's powers and duties 865 143 Compensation of accountant , 865 143 How payment thereof made i 365 143 Adverse report given to grand jury 366 143 Prosecuting attorney to institute proper proceedings 366 143 STATE COMMON SCHOOL FUND— (See School Funds.) STATE CERTIFICATES— (See Certificates.) STATISTICS— Duties of clerk in regard to 4052 115 Duty of board of education and auditor 4057, 4064 117, 120 STEALING SCHOOL PROPERTY— Penalty for 3972 (notes) 52 STUDIES— Determined by board of education , 4020 91 ■ SUB-DISTRICTS— Number of pupils to each 8921 28 Established, when and how 3921 28 Number of may be increased or diminished by board.... 2921 2S Consolidation of districts or formation of new districts.. 3922 29 Election of directors therein 3922 29 How formed or altered by petition 8946 37 Apportionment of contingent fund to 3967 47 One primary school must be established in each 4007 81 Dismissal of teachers .„ 4018 88 Clerk of sub-district to take enumeration 4033 105 SUITS— May be brought by or against board of education 8971 51 May be brought against local board, when 4019 90 SUPERINTENDENT AND ASSISTANTS- Appointment by board of education.., 4017 87 Reports required of them 4059 118 To give city boards of examiners information 4078 129 May be dismissed for refusing to give instruction in the effects of alcoholic drinks and narcotics 3 92 Superintendent may excuse attendance of pupils 1, 4 95, 97 To judge of the qualifications of private teachers, when 8 96 To direct truant officer in performance of his duties 6, 8 98, 99 To receive reports of truant officer 7 9S May provide for the private instruction of indigent children 10 101 Subject to fine for non-performance of duty under com- pulsory education act 12 . 102 SUPERINTENDENT OF BUILDINGS— May be appointed by board 4017 87 SUSPENSION OF PUPILS— How done, and for what term , 4014 86 INDEX TO OHIO SCHOOL LAWS. 209 TA"5T J " tt -