Lid TEXAS SCHOOL LAWS B P-t A BRIEF COMPILATION FOR TEACHERS OF LAWS RELAT- ING TO TEACHERS AND PUPILSJ ANNIE WEBB BLANTON State Superintendent oi Public Instruction BULLETIN 122 JUNE, 1920 THE DEPARTMENT OF EDUCATION STATE OF TEXAS !W Onor««o tjj-^ TEXAS SCHOOL LAWS A BRIEFI COMPILATION FOR TEACHERS OF LAWS RELAT ING TO TEACHERS AND PUPILS ANNIE WEBB BLANTON State Superintendent of Public Instruction -^^WCfiOOW^ BULLETIN 122 JUNE. 1920 THE DEPARTMENT OF EDUCATION ■^^^ STATE OF TEXAS AlS22-720-40M-Ii-O2S8 THE STATE DEPARTMENT OF EDUCATION Annie Webb Blanton, State Superiniendent of Public Instruction DIVISION OP ADMINISTRATION E. L. DoHONEY, First Assistant Superintendent Emma Mitchell, Second Assistant' Superintendent Katherine Gray, Third Assistant Superintendent division of high school supervision S. M. N. Marrs, Chief Supervisor Petton Irving, Jr.; Hallie Jameson, W. B. Mikesell, Mary Jo Popplewell, Mrs. R. L. Ragsdale, Charles M. Rogers, Anita Whatley division of rural schools L. D. Borden, Chief Supervisor W. H. Bow.man, W. E. James (SecretaryT, Mrs. Ella f. Little, Elfleda Littlejohn, S. E. Clark, Carrie Bell SteUrett, Hattie Triplett, Geokgia Walker division op negro schools L. W. Rogers division op vocational education J. D. Blackw^ell, Di/rector of Agriculture C. L. Davis, Assistant Director of A.gricultiire J. H. Hinds, Assistant Director of Agriculture Jessie Harris, Director of Home Economics Lillian Peek, Assistant Director of Borne Economics N. S. HuNSDON, Director of Industrial Education Lizzie M. Barbour, Assistant Director of Industrial Education division of statistics Mrs. J. B. Gay, Statistician John Gay White, Assistant division of audits and accounts O. P. Basford, Auditor Amy V. Allen. Assistant division of certification of teachers Selby Attwell, Certificate Clerk Lida PiTTJfAN, Assistant division of text book administration Minnie Lee Barrett, Director E. L. Byrns, Mrs. R. L. Pillow, H. W. Sauer, A. S. Thweatt, Randolph Warren DIVISION of correspondence AND SUPPLIES Alma Boothe. Correspondence Clerk Katie Belger, Anne McDonald, Adeline ISTilrs, Marguerite Quinn, Kittie M. Shands, Roy all Calder, Vernon Stohl, Irene Tannehill, Annie Laurie Steussey, i\Iary Kercheville, Stenographers state board of education W. P. Hobby, Governor, Chairman C. D. Mims, Secretary of State M. L. Wiginton, Comptroller Annie Webb Blanton, ^yite-^ttpcrintoident and Secretary NOV 29 fjij?'^ •^ ^ ^ STATE INSTITUTIONS OF LEARNING UNIVERSITY OF TEXAS Austin, Texas R. E. Vinson, President E. J. Mathews, Registrar AGRICULTURAL AND MECHANICAL COLLEGE College Station, Texas W. B. BizZELL, President Chas E. Friley, Registrar COLLEGE OF INDUSTRIAL ARTS Denton, Texas '■ F. M. Bkalley, President Walker King, Registrar SAM HOUSTON NORMAL INSTITUTE Huntsville, Texas H. F. Estill, President H. L. Pritchett, Secreta/ry NORTH TEXAS STATE NORMAL COLLEGE Denton, Texas W. H. Bruce, President A. C. McGinnis, Registrar SOUTHWEST TEXAS STATE NORMAL COLLEGE San Marcos, Texas C. E. Evans, President C. E. Ferguson, Registrar WEST TEXAS STATE NORMAL COLLEGE Canyon, Texas J. A. Hill, President Travis Shaw, Secretary EAST TEXAS STATE NORMAL COLLEGE Commerce, Texas R. B. BiNNlON, President L. I. Smith, Secretary SUL ROSS NORMAL Alpine, Texas Thomas F. Fletcher, President Viola Baker, Registrar GRUBBS VOCATIONAL COLLEGE Arlington, Texas W. B. Bizzell, President M. L. Williams, Dean JOHN TARLETON AGRICULTURAL COLLEGE Stephenville, Texas W. B. Bizzell, President J. Thomas Davis, Dean STATE SCHOOL FOR THE BLIND Austin, Texas E. E. Bbamlette, Superintendent and Secretary 'TEXAS SCHOOL FOR THE DEAF ; Austin, Texas Dr. F. B. Shuford, Superintendent T. V. Archer, Registrar STATE ORPHANS' HOME Corsicana, Texas W. F. Barnett, Superintendent Aaron Ferguson, Secretary TEXAS STATE TRAINING SCHOOL FOR GIRLS Gainesville, Texas Dr. Carrie Weaver Smith, Superintendent STATE JUVENILE TRAINING SCHOOL Gatesville, Texas Charles E. King, Superintendent John E. McDonald, Accountant STATE SCHOOL FOR FEEBLE-MINDED Austin, Texas Dr. J. W. Bradfield, Superintendent PRAIRIE VIEW STATE NORMAL AND INDUSTRIAL COLLEGE (For Colored Youth) Prairie View, Texas J. G. Osborne, President DEAF, DUMB AND BLIND INSTITUTE FOR COLORED YOUTHS Austin, Texas R. E. L. Holland, Superintendent TEXAS SCHOOL LAWS BRIEF COMPILATION FOR TEACHERS OF LAWS RELATING TO TEACHERS AND PUPILS STATISTICS AND EEGISTEATION. Sectiox 1. The State Superintendent of Public Instruction shall re- quire of judges acting as ex-officio county superintendents of public schools, of count}^. city and town superintendents, of county and city treasurers and depositories, and of treasurers and depositories of school boards, and of othev school officers and teachers, such school reports re- lating to the school fund and to other school affairs as he may deem proper for collecting information and advancing the interests of the public schools, and shall furnish the county, city and town superintend- ents, treasurers, and depositories and other school officers and teachers for. the" use of such teachers and officers the necessary blanks and forms for making such reports and carrying out such instructions as may be required by them. All teachers, librarians, school presidents, superin- tendents, principals, or other school officers employed by all schools sup- ported wholly or partly by the State, shall fill out and send to the State Department of Education, before the expiration of the first school month of each annual session a registration card, supplied by the State Depart- ment of Education, which card shall furnish blanks for useful statistical information, and said teachers, librarians, school presidents, superintend- ents, and principals shall not be paid the salary for the first month's service, except on the presentation of a receipt certifying that the said registration card has been received by the State Department of Educa- tion; proxided also that any teacher, librarian, school president, super- intendent, principal or other =:chool officer employed in any school sup- ported wholly or partly by the State of Texas, on changing his position from one school to another at any time during the school session, shall not be entitled to receive the first month's salary in any new position except on presenting a receipt from the State Department of Education certifying that he has filed with the State Department of Education an- other registration card givilig information as to the said change of posi- tion. The monthly salary of any county judge acting as ex-officio county superintendent of public schools of any county, district, city, or town superintendent, or principal, or any teacher, or librarian, in any school supported wholly or partlv by the State of Texas, or any assessor, county treasurer, treasurer in county school depository or treasurer of any school district depository, shall be withheld by the officials or authorities paying the said salary, on notification by the State Superintendent of Public Instruction that said county judge, acting as ex-officio county superin- tendent of public schools, county, district, city, or town superintendent, or principal, teacher, libr.arian> assessor, county treasurer, treasurer of county school depository or treasurer of school district depository has refused or failed to make the reports required of him ; pro\'ided that this notification shall not be sent by the State Superintendent until at least 6 State Department of Education. two written requests have been made for the desired information and until thirty da5's have elapsed from the time of the first request without the receipt of the information required; in such case the aforesaid monthly salary shall be withheld until a notice is received from the State Superintendent^ certifying that the information requested has been furnished by the delinquent person. An employe of the State or of any district, county, city^ town, or school, who may be responsible for the payment of the salary of any county judge acting as ex-officio county superintendent of public schools of any county, district, or town superintendent or principal, or other school officer, or any teacher, librarian, assessor, county treasurer, treas- urer of county school depository, or treasurer of school district depository, after notice by the State Superintendent that the said person has failed to comply with the provisions of this act, shall be deemed guilty of a misdemeanor and shall on conviction be fined in any sum not less thao $50 nor more than $500, and the State Superintendent of Public In- struciion may withhold Avarrants for further payment of State appor- tionments until the aforesaid officials have made satisfactory reports as herein provided. [Acts of 36th Leg., 2nd Called Session, Chap. 71.] Note that, at the opening of the term, these cards may be sent in by the superintendent or principal, and that, in this case, one receipt for all cards sent will be given, this including the names of all registrants whose cards are sent. Both teachers and school officers are requested to note the provision in regard to change of position during the term. TEACHEES' EELATIONS TO COUNTY SUPERINTENDENT — TEACHERS' DUTIES AS TO COUNTY INSTITUTES AND SUMMER NORMALS. Sec. 3. The county superintendent of public iustiuction shall have, under the direction of the State Superintendent of Public Instruction, the immediate supervision of all matters pertaining to public education in his county. He shall confer with the teachers and trustees and give them advice when needed, visit and examine schools, and deliver lec- tures that shall tend to create an interest in public education. He shall spend as much as four days in each week visiting the schools while they are in session, when it is possible for him to do so. He shall have au- thority over all the public schools within his county, except such of the independent school districts as have a scholastic population of five hun- dred or more. In such independent school districts as have less than five hundred scholastic population the reports of the principals and treasurers to the State Department of Education shall be approved by the county superintendent before they are forwarded to the State Super- intendent, and all appeals m such independent school districts shall lie to the county superintendent and county board of education, and from the decisions of the county superintendent and county board of educa- tion to the State Superintendent of Public Instruction and to the State Board of Education. [Art. 2752, E. S., 1911.] Note.— In the case of Webb County v. Laredo (65 S. VV., 878, 95 Texas, 131), the Supreme Court of the State, after quoting Section 1 of Article 7 of the Constitution, says: "This devolves the duty of establishing and maintaining public free schools upon the Legislature, and shows that the function of such establishment and maintenance was to be performed by State agencies . . . Thotigh, in a sense, a county officer, and though called 'county superintendent,' he is, in fact, the Laws Eelating to Teachees and Pupils. 7 officer and agent of tlie State — the State having assumed the functions of maintaining public free schools for the education of the children throughout its domain, the counties being recognized with reference to that business merely as convenient subdivisions of territory, and some of their officers as proper agents for the administration of affairs relating to the public free schools." Note. — The certificate of all teachers in the county must be registered in the county superintendent's office. See Section 107. The county superintendent is required to approve the contracts with teachers and all vouchers drawn against the school funds in independent districts having each fewer than 150 scholastics. See Section 51. Sec. 3. Shall Conduct County Teachers' Institute.—"^ * * ' The county superintendent shall organize and hold, with such assistance as may be necessary, within the first four months of the scholastic year, one institute of five consecutive days for white and for colored teachers, respectively, and he shall require the , attendance of white teachers upon the institute lor white teachers and the attendance of colored teachers upon the institute for colored teachers; provided, that a failure [of the county superintendent] to comply with these requirements shall be sufficient cause for his removal from office ; provided further, that the county superintendent of public instruction shall be authorized to cancel the certificate of any teacher who wilfully and persistently absents him- self from attendance upon the county teachers^ institute; provided, that the board of school trustees in any independent school district having five hundred or more scholastic population may authorize the super- intendent or principal to organize and hold institutes for the teachers of such district, in lieu of the county institute; provided, that the plan, scope and quality of the work of the said citv institute shall be approved by the State Superintendent of Public Instruction. [Art. 2753, E. S., 1911.] Sec. 3a. Shall Attend Summer Normals and County Institutes. — It shall be the duty of all teachers in the public schools of this State to attend the summer normal and county institutes as far as possible. [Art. 2785, E. S., 1911.] Note. — See Section 3 for penalty for neglecting to attend institutes. Sec. 3b. Shall Keep Record of Attendance and Certify to Same. — It shall be the duty of the county superintendent of public instruction, or the county Judge when acting as such, to keep a correct account of the attendance of the teachers who attend the institutes, and also an account of the teachers who attend the summer normals held in the county of which he is such county superintendent of public instruction, or county judge, when acting as such, and to certify the attendance of the holder of such certificates on said certificates. The conductor of each summer normal school in this State shall report to the county superintendent or ex-officio county superintendent of the county where- in said normal is held, a correct record of the daily attendance of teach- ers on said normal, and shall certify to the faithful performance of the duties of said teachers while in attendance on said normals; provided, that teachers who attend the county teachers' institutes shall receive full pay as provided under their contract, for each day they are absent from the schools they have contracted to teach, and are in actual attend- ance at the sessions of said institutes. [Art. 2754, E. S., 1911.] 8 State Department of Education. Note. — In view of the above sections the State Superintendent rules that the week of the county institute constitutes a portion of the school term covered by the teacher's contract. The teacher's report and voucher for the school month during which institute attendance occurred should be interlined to show three weeks' teaching. and one week's attendance at institute. A teacher who, prior to the date of the institute, has been employed to teach in the county, is entitled to pay for attending the institute, whether the school has begun or not. The county superintendent must keep a record of the attendance of each teacher upon the county teachers' institute and summer normal held in his county. A teacher must attend the institute of the county in which his school is located. In case the teacher has attended county institute before making a contract, this attendance should be accepted by the school by which the teacher is subsequently employed, and this school should pay the teacher's salary for the time spent at the county institute, as this school reaps the benefit of such attendance. The law does not specifically vest anyone with the power to excuse teachers from attendance at county institute. The State Superin- tendent, therefore, rules that, where such power is needed, it belongs to the county superintendent, as the ofiicer directly in charge of the county institute. Such excuses should be granted only in case of extremely serious conditions pre- venting attendance. Where there are fewer than 24 teachers, either white or colored, in a county, arrangement for such teachers to attend a joint institute held in a convenient county will be accepted as a substantial compliance with the provisions of this section. In such cases a correct record of the attendance and work of each teacher should be kept and reported to the county superintendent of the county in which the teacher's school is located. Joint county institutes may be arranged through agreement of the county superintendents of the several counties holding such joint institute. In case of joint county institutes, care should be taken as to the following: (1) Not to include so many counties as to have a body of teachers unwieldy for serious work; (2) to arrange a definite program of study which will afford op- portunity for all teachers to take part in discussions (attendance at lectures is beneficial, but the part of the teacher at the county institute should not be limited to that of mere audience), (3) to arrange for some time each day when each county superintendent may hold conference with the teachers of his county; (4) to hold the institute where special rates for room and board may be secured for teachers, in order to spare them excessive expense. Copies of all county institute programs should be forwarded to the State Department of Education. If a city of above 500 scholastics elects to hold institutes for its teachers, separate from the county institute, it is necessary that outline of the work, giving programs in detail, be submitted to the State Superintendent for approval before the work is done. The record of the attendance and quality of work of teachers at the city institute should be reported to the school board. LAWS SAFEGTJAEDING EIGHTS OE TEACHEES, PATEONS, AND SCHOOL OFEICEES. APPEAL CASES. Sec. 4. General Duties. — The Superintendent of Public Instruction shall be charged with the administration of the school laws and a gen- eral superintendency of the business relating to the public schools of the State. He shall hear and determine all appeals from the rulings and decisions, of subordinate school officers, and all such officers and teachers shall conform to his decisions unless they are reversed by the State Board of Education. He shall prescribe suitable forms for re- ports required of subordinate school officers and teachers, and blanks for their guidance in transacting their official business and conducting public schools, and shall from time to time prepare and transmit to them Laws Eelating to Teachees and Pupils. 9" such instructions as he may deem necessary for the faithful and efficient execution of the school laws, and by whatsoever is so communicated to them shall they be bound to govern themselves in the discharge of their official duties. [Art. 4510, R. S., 1911.] Note. — Under the decision of the Supreme Court of Texas (Harkness v. Hutcherson, 90 Texas, 383; 38 S. W., 1120; Nance v. Johnson, 84 Texas, 401, 19 S. W., 559) controversies in regard to school matters must be appealed to the State Superintendent and to the State Board of Education before they can be taken to the courts. See, also, Cochran v. Patillo, 41 S. W., 537, and Plummer v. Gholson, 44 S. W., 1. See Caswell v. Fundenberger, 105 S. W., 1017. Parties to appeals may enforce the decisions of the State Superintendent by mandamus. See Pearsall v. Woolls, 50 S. W., 959; Harkness v. Hutcherson, supra; Watkins v. Huff, 63 S. W., 922. Injunction is admissible pending appeal to school authorities. See McCallum v. Adams, 110 S. W., 526. The Supreme Court has held that appeals must be taken within a reasonable time. (Harkness v. Hutcherson, supra; Watkins v. Huff, supra.) The State Siiperintendent of Public Instruction has no jurisdiction over any question directly involving the tenure of oiSce of a trustee of a school district. (Kimbrough v. Barnett, 93 Texas, 301.) A person having any grievance concerning a public school should first apply to the teacher or principal of the school. If the action or decision of the principal is not satisfactory, the matter may be brought before the board of trustees. If the trustees refuse to act or their action is unsatisfactory, an appeal may be taken to the 'county superintendent and . the county board of education. If either party should be dissatisfied, an appeal may be taken to- the State Superintendent. From the State Superintendent's decision appeal lies, to the State Board of Education. Instructions given on an appeal, or certified question, accompanied by agreed statement of facts, asking for advice from the State Superintendent, shall be binding upon all parties under Section 5. In cases appealed to the State Superintendent an agreed statement of facta, should be submitted, together with the decisions of the county superintendent and county board of education. In cases where contending parties cannot agree concerning the facts, the testimony submitted in the trial before the county superintendent and county board of education should be forwarded with the findings of the county superintendent and the county board of education. The county superintendent should fasten all papers together and attach his statement that all matter contained was before him and the county board of education in the trial of the case. In case where a party appeals from the decisions of the county superintendent and county board of education in their application of a law or a principle to a. given set of circumstances or facts wherein there are no opposing parties, the county superintendent and county board and the party appealing shall agree to the facts in the case, and the county superintendent shall forward same, together with rulings thereon, to the State Department of Education. A party interested in an appealed case may appear, in person, by representative or by written argument, before the State Superintendent to make presenta- tion of his case. Appeals from boards of trustees in independent districts of 500 scholastic population or more do not lie to the county superintendent or county board of education, but to the State Superintendent, The procedure is substantially that indicated in reference to appeals from the decisions of the county superintendent. Sec. 5. Instructions Binding. — The State Superintendent shall ad- vise and counsel with the school officers of the counties, cities and towns- and school districts as to the best method of conducting the public schools, and shall be empowered to issue instructions and regulations,, binding for observance on all officers and teachers, in all cases wherein the provisions of the school law may require interpretation in order to-, carry out the design expressed therein; also in cases that may arise in which the law has m.ade no provision, and where necessity requires some 10 State Depaetment of Education. rule in order that there may be no hardships to individuals, and no delaj's or inconvenience in the management of school affairs. [Art. 4511, R. S., 1911.] Sec. 6. Shall Hear Appeals. — All appeals from the decisions of the county superintendent of public instruction shall lie to the county school tiTistees and from the said county trustees to the State Superintendent of Public Instruction, and thence to the State Board of Education. [Acts 34th Leg., Chap. 36, Sec. 10.] In order to expedite matters in presenting appeals to the State Superin- tendent of Public Instruction, the following outline is respectfully submitted for the preparation of the transcript of the record in all appeal cases originating in common school districts or in independent districts having fewer than 500 scholastics and presented to the State Superintendent of Public Instruction. In this connection it should be remembered that the line of appeal is prescribed by law. The transcript of the record must contain: 1. Certified copy of the decision of the local board of school trustees. 2. Certified copy of petition of appellant addressed to the county superin- tendent of public instruction. 3. Certified copy of the answer of appellee to petition of appellant addressed to the county superintendent of public instruction. 4. Certified copy of all evidence submitted by both sides to the case at bar before the county superintendent. 5. Certified copy of the decision of the county superintendent. 6. Certified copy of decision of the board of county school trustees. In this connection, it should be remembered that the board of county school trustees has a right to reopen the entire case and to hear original evidence in case the board decides it is wise to do so; and if new evidence is offered before the county board of education, certified copy of all such evidence must be included in transcript of the record for the State Superintendent. 7. Such briefs or arguments in typewriting as either or both sides to the case at bar see fit to submit. 8. In case of the dismissal of a teacher as provided by law by the local board of trustees, the transcript must contain; (a) Certified copy of the dismissal of the teacher by the board of trustees. (b) Certified copy of charges upon which the dismissal is based. FBOM INDEPENDENT DISTRICTS. In preparation of transcript of the record of an appeal case originating in an independent school district having more than 500 scholastics the following outline of the preparation of the record is in accordance with the law and should be followed in all cases. The record in such cases should contain: 1. Certified copies in typewritten form of all original proceedings had before the local board of trustees including: (a) Certified copy of the charges or petition of the plaintiff. (b) Certified copy of answer of defendant. (c) Certified copy of all evidence presented by either or both sides to the case at bar. (d) Certified copy of the decision of the local board of school trustees. 2. Such typewritten briefs or arguments as either or both sides to the case at bar see fit to submit to the State Superintendent of Public Instruction. 3. In case of the dismissal of a teacher as provided by law by the board of trustees, the record must contain: ( a ) Certified copy of the dismissal given the teacher by the board of trustees. (b) Certified copy of the charges upon which the dismissal is based. After proper transcript of the record in an appeal case has arrived at the State Department of Education, the State Superintendent of Public Instruction will give the matter his immediate and careful attention. Laws Eelating to Teacheks and Pupils. 11 teachers' conteacts, vouchees and salaries. Sec. 7. Shall Have - Management and Control of Schools. — The trustees of school districts shall have the management and control of the public schools; they shall have the power to employ and dismiss teachers, but in cases of dismissal, teachers shall have the right of appeal to the county and State superintendents. [Acts of 29th Leg., Chap. 124, Sec. 70.] Note. — The anti-nepotism law of the Thirty-first Legislature prohibits the employment of a teacher who is related by affinity within the second degree or consanguinity within the third degree to any member of the board of school trustees. Note. — Contracts between teachers and trustees should show specifically and definitely the monthly salary to be paid each teacher and the number of months the school oT schools will be taught. See Section 9. The trustees and the teachers should know the amount of money available for the school year covered by the contract. If there should be a mistake in the estimation of the amount of funds available for the year the school or schools must be closed when the funds are exhausted, and the trustees would not be liable for the teachers' salaries under the contracts beyond the time or term which the money actually available would run the school or schools; but if the trustees should expend the money for school supplies or for anything else, using so much of their available fund as to leave an insufficient amount to comply with their part of the contracts, they might be held personally liable. See Watkins v. Huflf, 63 S. W., 922; Stephenson v. Union Seating Company, 62 S. W., 128; Wilson v. Hite, 54 S. W., 726. Note. — If the teacher be dismissed, the trustees should furnish such teacher a written statement setting forth the reason for their action. If the teacher wishes to appeal from the action of the board of trustees, the case should be brought at once before the county superintendent, who m.ust decide according to the law and the evidence submitted. From the county superintendent appeal may be taken to the county school trustees. If from their decision an appeal is made to the State Superintendent by the teacher or by the board of trustees, an agreed statement of facts must he forwarded, together with the decision of the county superintendent and county school trustees, to the State Superin- tendent. See Section 22 and note thereunder. Consult Harkness v. Hutcherson, 90 Texas, 383; 38 S. W., 1120; and More- land V. Wynne, 62 S. W., 1093. Note. — On account of smallpox, the public schools of a city were suspended and a teacher was notified to hold herself in readiness to resume work. The court held she was entitled to her salary for the lost time, although the suspen- sion lasted three months. Randolph v. Sanders, 22 Texas Civ. App., 331; 54 S. W., 621. See also Singleton v. Austin, 65 S. W., 686. Sec. 8. Make Contracts for the District. — School trustees shall de- termine how many schools shall be maintained in their respective school districts, and at what points they shall be located; they shall deter- mine when the schools shall be opened and when closed; they shall contract with teachers and manage and supervise the schools, subject to the rules and regulations of the county and State Superintendents; they shall approve all teachers' vouchers, and all other claims against the school fund of their district; provided, that trustees of districts in making contracts with teachers shall not create a deficiency debt against the district. [Acts of 29th Leg., Chap. 124, Sec. 71.] Note. — The suit is brought by certain patrons of a public school to enjoin the school trustees from changing the location of the schoolhouse, and erecting a new school building at a different locality in the school district. We think 12 State Department of Education. that it was the intention of the school laws to place such matters primarily under the control of the school authorities, subject, of course, to the final control of the courts in a proper case. The law provides for an appeal from the action •of the school trustees first to the Superintendent of Public Education and from his decision to the State Board of Education. — Caswell v. Fundenberger. 105 S. W. Eeporter, 1017. Note. — This section does not authorize trustees to divide the session of the •school into tAvo or more short terms. The school should be taught continuously from beginning to close of session, and contract with teacher must be made accordingly. Note. — A school district being a public corporation, all persons dealing with it are charged with knowledge of the condition of its finances. In issuing a voucher the trustees must designate whether the amount is to be paid (a) from State and county funds, (b) from local funds, (c) from proceeds of sale of bonds, or (d) from receipts from bond tax. The county superintendent before he is warranted in approving any voucher must show (a) that it contemplates a legal expenditure of the fund against which it is drawn and (-b) that there is sufficient money in that fund to the credit of the district for the current schol- astic year, available for the purpose, to pay the voucher. A board of trustees cannot make contracts for the expenditure of more money than the receipts for the current year. '"The term of the school must end when the fund apportioned to it for the particular year is for any reason exhausted." — Stephenson v. Union Seating Company, 62 S. W., 128. A balance may be carried over to be used the next year (see Section 55 herein), but an indebtedness cannot be legally created -against the funds of future years except by the issuance of bonds. See Collier v. Peacock, 54 S. W., 1025; 55 S. W., 756; 93 Texas, 255; Bank of Nocona v. March, 51 S. W., 266; Andrews v. Curtis, 2 Civ. App., 678; 22 S. W., 72; Clark v. School Directors, 78 Illinois, 474. Note. — A trustee may not become pecuniarily interested in any contract with 'the board. See Articles 264 and 266 of the Penal Code, and the case of Rigby V. State, 27 Texas Cr. App., 55. Articles 125 and 126 of the Penal Code, relating to bribery, apply to school ijrustees. Sec. 9. Contracts With Teachers. — Trustees of a district shall make contracts with teachers to teach the public schools of their respective districts, but the • compensation to teachers under written contract with the trustees shall be approved by the county superintendent before the school is taught, stating that the teacher will teach such school for the time and money specified in the contract; and the board shall have authority, whenever the average daily attendance exceeds thirty-five pupils, to employ one competent assistant to every thirty-five pupils •of such excess, and fractional part thereof exceeding fifteen pupils; and all children within the scholastic age residing in such district, though they may have settled in such district since the scholastic census was taken, shall be entitled to receive all the benefits of the schools of such district and in districts that levy a special school tax the trustees shall have the right to increase the salaries of teachers and the scho- lastic age, and may also have the schools taught longer than six months if it is deemed advisable. [Art. 3825, E. S., 1911.] Note.— See Singleton v. Austin, 65 S. W., 686. Sec. 10. ChecJc for Payment of Teacher. — The amount contracted "by trustees to be paid a teacher shall be paid on a. check, drawn by a jnajority of the trustees, on the county treasurer [depository], and ap- proved by the county superintendent. The check shall in all instances Laws Eelating to Teachees and Pupils. 13 be accompanied by the affidavit of the teacher that he is entitled to the amount specified in the cheek, as co2upensation under his contract as teacher. [Art. 2826, E. S., 191L] Note. — The oath printed on the back of each teacher's salary voucher in the forms furnished by the State Department of Education is in conformity with a decision of the Court of Criminal Appeals holding that this section of the law requires such affidavit. A false oath by the teacher renders him guilty of per- jury. (Anderson v. State, 20 Cr. App., 312.) Sec. 11. Shall Approve Contracts and Vouchers. — The county super- intendent shall approve all vouchers legally drawn against the school fund of his county. He shall examine all contracts between the trustees and teachers of his county, and if in his judgment such contracts are proper, he shall approve the same; provided, that in considering any contract between a teacher and trustee he shall be authorized to consider the amount of salary promised to the teacher. He shall distribute all school blanks and books to the officers and teachers of the public schools, and shall make such reports to the State Superintendent as may be re- quired by that officer. Immediately after qualifying he shall appoint a county board of examiners, consisting of two resident white teachers holding first grade certificates, who shall serve during the pleasure of the county superintendent of public instruction, subject to the pro- visions hereafter made. He shall discharge such other duties as may be prescribed by the State Superintendent. [Art. 2756, E. S., 1911.] Note. — The county superintendent cannot approve a contract before the ap- , porlionment of school funds. He must consider the compensation to be paid the teacher and the time for which the school is to be taught. Tlie State apportionment of the school funds is not made before August 1, and it is, therefore, impossible for the county superintendent to consider the terms of a contract with respect to the funds of the district prior to that date. A contract must cover the entire time the public school of the district is to 'be taught during the scholastic year. The session must be continuous. The county superintendent has no authority to change an incipient contract between a board of trustees and a teacher; he must either approve or disapprove it. (Caviel v. Coleman, 72 Texas, 550; 10 S. W., 679.) Sec; 12. Authorized to Administer Oaths. — The county superintend- ents are hereby empowered to administer oaths necessary in transacting any business relating to school affairs; provided, that they shall receive no compensation for administering said oaths. [Art. 2757, E. S., 1911 ] Sec. 13. Shall Present Valid Certificate. — Any teacher desiring to teach in any city, town, or district in this State, shall before contracting with any board of trusteees, or with any [city] school board, exhibit a teacher-'s certificate, valid in the city, town or school district; and any teacher who shall teach in any public school in this State without having .a valid certificate shall not receive from the free school funds any com- pensation for such service. [Art. 2780, E: S., 1911.] The conditions of employment and payment of a teacher are as follows: 1. The teacher must not be related to any member of the school board by affinity within the second degree or by consanguinity within the third degree. < Anti-nepotism law. ) 2. His certificate must be valid at time of employment and for entire time covered by contract. 14 State Department oe Education. 3. The contract must be made ^yitll the school board — employment by the principal is not legal. In a common school district the contract must be ap- proved by the county superintendent before the opening of the school. 4. Each teacher must receive pay for his services by a separate check or voucher. Sec. 14. Penalty. — Any county or city superintendent or board of trustees who shall approve any teacher's contract or voucher until the person has presented a valid certificate, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five nor more than one hundred dollars. [Art. 1006, Penal Code.] Sec. 15. Salaries. — Trustees in making a contract with a teacher shall determine the salary to be allowed or the wages to be paid. Pro- vided a teacher holding a permanent State certificate shall not receive wages in excess of $150 per month out of the public free school fund; a teacher holding a first grade certificate shall not receive as wages from the public free school fund more than $125 per month, and a teacher holding a second grade certificate shall not receive as wages from the public free school fund more than $100 per month. Provided, however, that the above salaries may be supplemented in taxes levied for school purposes. [Acts of 36th Leg., 3rd Called Session, Chap. 27.] Effective September 18, 1920. The restrictions of this section in the matter of salary apply to both common school districts and independent school districts which levy no local maintenance taxes. Tuition fees paid by "overs and unders" become a part of the school fund, and cannot be promised the teacher in addition to the maximum salary fixed in this section, if the district levies no local tax. Section 77 names the studies required to be taught, and provides for thei addition of other studies; but no tuition fees for instruction in such added studies can be collected from pupils within the age of free atter^dance. lav\^s relating to pupils and schools. scholastic census. Sec. 16. Who Shall Be Enumerated. — In taking the scholastic census every child that will be of scholastic age at the beginning of the next school year shall be enrolled and enumerated in the district in which it resides at the time of its enumeration. [Acts of 29th Leg., Chap. 124, Sec. 90.] ATTENDANCE. Sec. 17. School Shall Not Be Sectarian. — No part of the public school fund shall be appropriated to or used for the support of any sec- tarian school. [Art. 2896, E. S., 1911.] Note. — See Article 7, Section 5, Constitution of Texas. Church, et al. v. Bullock, et al., 109 S. W., 115.- Sec. 18. Provisions to Be Made for Both Faces. — All available public school funds of this State shall be appropriated in each county for the Laws Eelating to Teachees and Pupils. 15 education alike of white and colored children, and impartial provisions sU]] be made for both races. [Art. 2897, E. S., 1911.] Note. — See Article 7, Section 7, Constitution of Texas. Sec. 19. Who Are "Colored." — The terms "colored race" and "col- ored children,'"' as used in the preceding articles, and elsewhere in this title, inclnde all persons of mixed blood descended from negro ancestry. [Art. 2898, E. S., 1911.] ' Sec. 20. WJiere Children May Attend School. — Every child in this State of scholastic age shall be permitted to attend the public free schools of the district or independent district in which it resides at the time it applies for admission, notwithstanding that it may have been enumerated elsewhere or may have attended school elsewhere part of the year; provided^ that white children shall not attend the schools supported for colored children, nor shall colored children attend the ■schools supported for white children. [Art. 2899, E. S., 1911.] The right of attendance in the district of the child's residence may be for- feited by transfer. Sec. 21. Scholastic Year. — The scholastic year shall commence on tlic first day of September of each year and end on the thirty-first day of August thereafter. [Art. 2901, E. S., 1911.] Sec. 22. Admission of Overs and Unders; Suspension of Pupils, — The trustees of schools shall have the power to admit pupils over and under scholastic age, either in or out of the district, on such terms a« they may deem proper and just; provided, that in admitting pupils over and under the scholastic age, the school shall not be overcrowded to the neglect and injury of pupils within the scholastic age; and they may suspend from the privileges of schools any pupil found guilty of incorrigible conduct, but such suspension shall not extend bevond the current term of the school. [Art. 2901, E. S., 1911.] Note. — The teacher can suspend a pvipil only until the board of trustees ca» be called together for action in the case. The Supreme Court of Wisconsin, Im the case of State v. Burton, 54 Wis., 150, emphasizes the following rule: "The teacher is responsible" for the discipline of his school and for the progress, conduct, and deportment of his pupils. It is his imperative duty to maintaia good order and to require of his pupils a faithful performance of their duties, if he fails to do so, he is unfit for his position. To enable him to discharge these duties effectually, he must necessarily have the power to enforce prompt obedience to his lawful commands. For this reason the law gives him the power in proper cases, to inflict corporal punishment upon refractory pupils. But there are cases of misconduct for which such punishment is an inadequate remedy. If the offender is incorrigible, suspension or expulsion is the only adequate remedy. In general, no doubt, the teacher should report a case of that kind to the proper board for its action in the first instance, if no delay will necessarily result frors that course prejudicial to the best interests of the school. But the conduct of the recusant pupil may be such that his presence in the school for a day or am hour may be disastrous to the discipline of the school and even to the morals of the other pupils. In such case it seems absolutely essential to the welfare of the school that the teacher should have the power to suspend the offender at once from the privileges of the school ; and he must necessarily decide for himself 1.6 State I)f:p.\ri'ment of Education. whether the case requires that remedy. If he suspends the pupil, he should promptly report his action and his reasons therefor to the proper board." The authority of the school over the conduct of pupils is not necessarily limited to acts done during school hours, but extends to acts committed out- side of the schoolroom, if the eiTect of such acts reaches within the schoolroom and is detrimental to good order and the best interests of the school. How- everj a rule requiring pupils living with parents not to attend parties has been held to be unreasonable and non-enforceable. (State v. Osborne, 24 Mo. App., 309.) Pupils may be held responsible for the preparation of reasonable home work assigned bv the teacher. (Bolding v. State, 23 Texas Ct. App., 172; 4 S. W., 579.) The following Texas decisions pertain to the authority of a teacher to inflict corporal punishment upon a pupil: Stanfield v. State, 43 Texas, 167; Dowlen v. State, 14 Ct. App., 61; Bolding v. State, 23 Ct. App., 172; 4 S. W., 579; Hutton V. State, 23 Ct. App., 386; Thomason v. State, 43 S. W., 1013; Hower- ton V. State, 43 S. W., 1018; Kinnard v. State, 35 Cr. Rep., 270; 33 S. W., 234. Sec. 23. Unlawful to Loiter on School Grounds. — It shall be un- lawful for any person or persons to loiter or loaf upon an}'- public school grounds in this State during the session of such school, after heing warned by the person in charge of such school to leave such grounds, and such person or persons so found shall be guilty of a misdemeanor, anci upon conviction therefor shall be fined in any sum not less than five and not to exceed twenty-five dollars. [Acts of 29th Leg., Chap. 124, Sec. 70.] Sec. 24. Control of School Property. — All schoolhouses erected, grounds purchased or leased for a school district, and all other property belonging thereto, shall be under the control of the district trustees of such district. [Art. 2847, E. S., 1911.] Sec. 25. When Schools Shall Be Open.— Public schools shall be taught for five days in each week. Schools shall not be closed on legal holidays unless so ordered by the trustees. A school month shall consist of not less than twenty school days, inclusive of holidays; and shall be taught for not less than seven hours each day, including intermissions and recesses. [Art. 2903, R. S., 1911.] Note. — If a school be closed on a legal holiday upon order of the trustees, the teacher is entitled to pay for that day. Sec. 26. Legal Holidays. — The first day of Januar}-, the twenty- second day of February, the second day of March, the twenty-first day of April, the third day of June, the fourth day of July, the first Monday m September, the twelfth day of October, and the twenty-fifth day of December of each year, and all days appointed by the President of the United States, or by the Governor, as days of fasting or thanksgiving, and every day on which an election is held throughout the State, are declared holidays, on which all the ]3ublic offices of the State may be, closed, and shall be considered and treated as Sunday or the Christian Sabbath for all purposes regarding the presenting for payment or accept- ance and of protesting for and giving notice of the dishonor of bills of exchange, bank cheeks and promissory notes placed by the law upon the footing of bills of exchange. [Acts 32nd Leg., Chap. 37.] Laws Eelating to Teachees and Pupils. 17 ■ Sec. 27. Shall Keep Records and Mahe Reports. — (a) Teachers shall keep daily registers, in which the names, ages and studies of the pupils and their attendance shall be recorded, and such other matters as may be prescribed by the State Superintendent. Said registers shall be open to the inspection of all parents, school officers, and other persons wiio may be interested. (b) All teachers shall make monthly reports on such subjects as may be designated by the State Superintendent or county superintendent, to be approved by a majority of the trustees of the district, and shall file the same with the county superintendent when they present their vouchers for their months' salaries. (c) They shall make such reports at the end of the school term as may be prescribed by the State Superintendent, and until such term re- ports are made the trustees shall not approve vouchers for last month's salaries, nor shall the county treasurers [depositories] pay the same. All monthly and term reports shall be made under oath, and county superin- tendents are hereby empowered to administer oaths for such purposes. County superintendents and county judges shall receive no compensa- tion for administering oaths necessary in transacting any business relating to school affairs. [Art. 3784, E. S., 1911.] TEXT BOOK LAWS RELATING TO TEACHERS AND PUPILS. Sec. 28. The school trustees of each district shall be designated as the legal custodians of the books, and shall have the power to make such arrangements for the distribution of books to the pupils as they may deem most effective and economical; provided, that no district shall have the power to make any regulation in regard to text books which is at variance with the provisions of this Act, or with the regulation' of the State, made by the State Superintendent of Public Instniction and approved by the State Board of Education. Sec. 29. Books shall remain the property of the State, and after purchase through requisition according to the provisions of this Act, shall remain in the charge of the district school trustees as the legal GusLodians of the books. The district school trustees shall have the power to delegate to their employes such power as to requisitions and distributions of books and the management of books as in their judg- ment may be best; provided, that such plans shall not be at variance with the provisions of this law, or with the State Eules for Free Text Books, formulated by the State Superintendent of Public Instruction and approved by the State Board of Education. Sec. 30. Eequisitions for books shall be made in the following manner: On the first day of April each teacher shall make report to the principal of the maximum attendance of his or her grade, or school, if not a graded school. If the school has only one teacher, said report as to ihe maximum attendance of pupils of each grade of work shall be made by the teacher to the board of school trustees and to the county superintendent. In case of unorganized counties, or counties having an ex-officio county superintendent, reports shall be made to the State 18 State Depahtment oe ]^]ducation.' Superintendent. Eeports as to the maximum attendance for the school shall be made not more than one week subsequent to the first school day of April by the principal to the city or town superintendent or by the principal to the county superintendent if the school is not situated in a city or town. The city or town superintendent of schools shall compile reports of principals and make report to the State Superin- tendent of Public Instruction. The county superintendent shall make such report to the State Superintendent of Public Instruction as to the maximum attendance of each rural school of his county as will designate the number of text books of each grade and kind, to which each rural school of his county shall be entitled. Eeports as to the maximum attendance of each sthool under their direction shall be 2uade to the State Superintendent of Public Instruction by the afore- said superintendents of cities, towns, and counties, not later than April 25th, provided that should the school close before this date, it shall be the duty of the teacher to file with the county superintendent and with the board of school trustees reports complying with the pro- visions of this Act. Blank forms for reports and for requisitions of . texr books shall be furnished to all boards of school trustees by the State Department of Education. Eequisitions for books shall be based on said reports as to the maximum number of scholastics in attendance the preceding school session, plus an additional fifteen per cent, and such requisitions shall be made through the State Superintendent of Public Instruction and by him furnished to the State depository desig- nated by contractors of books not later than June 1st of each year, provided that in cases of unforeseen emergency the State depository shall fill small orders for books on requisition approved by the chair- maj of the district board of school trustees, such requisition subse- quently to be sent promptly for approval to the State Department of Education. One copy of each text book used in the work taught by the teacher shall be issued by the school trustees, or their repTCsenta- tives, to each teacher as a desk copy, such books to be returned to the trustees or their representatives at the close of the session. Sec. 31. Teachers and school ojfficers must make such reports as to the use, care and condition of free text books as may be required by the local trustees or by the State Department of Education. Tlie salary for any month of any teacher or eni,ploye who neglects to make such report at the 'proper time, may he withheld until each report he received in a condition satisfactory in form< and content. Text books shall be subject to inspection by any inspector or agent authorized by those having charge of the local text book service, or authorized by the State Superintendent of Public Instruction, subject to the approval of the State Board of Education; provided, that inspectors authorized by the State Department of Education shall be those in regular employ- ment as Mgh school inspectors, rural school inspectors, or inspectors of vocational education. Sec. 32. Specific rules as to the requisition, distribution, care, use, and disposal of books may be made by the State Superintendent of Public Instruction subject to the approval of the State Board of Edu- Laws Eelating to Teackeks and Pupils. 19 cation; provided, that such rules shall not conflict with the provisionrj of this Act, or with the uniform text book laAv under the terms of which contracts for supplies, books are made with the publisher or with the terms of said contract. No teacher or employe of the school en- gaged in the distribution of text books under this law as the agent or employe of the State, or of any county or district in the State shall^ in connection with this distribution, sell or distribute, or in any way handle, any kind of school furniture or supplies, such as desks, stoves, blackboards, crayon, erasers, pens, ink, pencils, tablets, etc. Sec. 33. All books shall have printed labels pasted on both in- side covers; said label to be supplied by the State Department of Edu- Ci;tiGn. Each school shall number all books, placing the number on these labels. All teachers shall keep a record of the number of all books issued to each pupil. All books must be covered by the pupil, under the direction of the teacher. Books must be returned to the teacher at the close of the session, or when the pupil withdraws from school. Each pupil, or its parent or guardian, shall be responsible to the teacher for all books not returned by the pupil, and said pupil not returning all books delivered to him or her shall not be entitled to the benefits of this x\ct until said books are paid for by said parent or guardian. Local boards of trustees shall make provisions for the fumigation of books before the reissue of the books. Covers of all books shall be rejuoved before reissue, and the pupil to whom the book is issued shall replace cover, under the direction of the teacher. Sec. 34. Books may be bought from the local boards of trustees by pupils or parents of pupils attending the public schools of the State, said board to furnish the books at the retail contract price. Any book may be purchased from the State depository designated by the con- tractor holding the contract for said book, by State institutions or by private schools, or church schools, such purchase to be made on the same terms as those given to the State for the same book. All money accruing from sales of books by district boards of school trustees shall be forwarded to the State Text Book Fund not later than one month after the sale. Sec. 35. For the next two school sessions after the passage of this Act, all district boards of school trustees or their legally appointed representatives, shall be empowered to pay to any pupil one-half of the exchange price of any adopted text book in use the preceding year, on delivery to the teacher of the said book, provided that the same privi- lege of surrendering to the State the adopted books in previous use during the scholastic year preceding the change of books and receiving therefor one-half of the exchange price of books, shall be accorded to cities, towns, or districts, which, previously to the passage of this Act have owned and furnished free text books to the pupils. Bills for the repayment to the school district of such purchases shall be attested as correct before a notary public by the chairman of the district board of trustees, or by his legally appointed representatives, approved by the 20 State Department of Education. State Superintendent of Public Instruction, and paid on warrants on the Text Book Fund issued by tlie State. Each district shall be al- lowed warrants to the amount of five per cent of the aggregate exchange price of all books turned over by the district to the book contractors and accepted by them in exchange for new books, tliis sum being set apart to pay cost of handling and packing books, and transportation to the nearest railway station. Sec. 36. The State Superintendent of Public Instruction, with the approval of the State Board of Education, may provide for the dis- pobition of such text books as are no longer in a fit condition to be used for purposes of instruction, provided that the district board of trustees shall retain a sufficient number of each text book to be used as exchange copies in case of change of the adopted text book, and provided that whenever it should become practicable to sell such old text books for use in the manufacture of paper, pulp or similar sub- stances, the highest price obtainable shall be secured by bids and money accruing from the sale shall be deposited to the credit of the State Text Book Fund. In case of the disuse of books in fair condition, in- spectors of the State Department of Education may require the con- tinuance of the use of said books. Sec. 37. Complaints in regard to text book service shall be made both to the State Superintendent and to the State depository designated by contractors of the books. In case such complaint does not receive reasonably prompt attention, complaint shall be taken to the county Jndge, who shall proceed in accordance with the provisions of this Act. Trustees of unorganized counties shall make complaint to the county judge of the county to which said unorganized county is attached for judicial purposes. Sec. 38. In making requisitions for supplementary books, teach- ers shall designate their first, second, third choice, etc., to the limit of the sets of supplementary books adopted, and such reports shall be furnished to the State Superintendent, and said supplementary books shall be issued according to rules prescribed by the State Superintendent of Public Instruction. Eequisitions for supplementary books may be made at convenient times during the session, but must be made within one month in advance of the time the books will be needed. [Acts of 36th Leg., Chap. 29, Sees. 7, 8, 10, 12-19.] Note that where a choice of supplementary readers has been made for the school, teachers may not change these until the books previously ordered be- come so worn as to be unfit for use. Sec. 39. Trustees and Teachers Shall Not Handle Texthoohs. — No member of the board of trustees of any public school, nor teacher in any of the public schools of this State, nor county or city superintendent of public schools, shall, during the term of their office as trustees or super- intendent, or during, the time of their employment as teacher, act as agent or attorney for any text-book publishing company selling text- bocks in this State. Nor shall any person interested in the publication Laws Eelatixg to Teachees and Pupils. 21 of text-books, or of selling the same to be used in the public schools of this State, be eligible as school trustee, county or city superintendent of schools or as teacher in any of the public schools of this State, wliiJe acting in the capacity, of agent or attorney for text-book publishers or dealers. If after election as trustee, county or city superintendent or employment as teacher, any person filling such position accepts the agency or attorneyship of any text-book publishing company, the acceptance of such agency or attorneyship shall work a forfeiture of thr office or place in the public schools held at the time of the acceptance of such agency or attorneyship. [Art. 2904, E. S.", 1911.] Sec. 40. Adopted Textbooks Shall Be Used to the Exclusion of All Other Texthoohs. — The books adopted by the Commission under the provisions of this Act shall be introduced and used as textbooks to the exclusion of all others in public free schools of this State for such period of 3^ears as may be determined by the Commission, not to ex- ceed six years in any case ; provided nothing in this Act shall be con- strued to prevent or prohibit the patrons of the public schools through- out the State from procul-ing books in the usual way in the event that no contracts are made. Provided that said Commission shall not contract for any book of which any member of the nominating com- mittee, or any member of said Commission is, or may be author. [Acts of 35th Leg., 1st Called Session, Chap. 44, Sec. 23.]' Sec. 41. Xo trustee or teacher shall ever receive any commission or rebate on any books used in the schools with which he is con- cerned as such trustee or teacher, and if any such trustee or teacher shall receive or accept any such commission or rebate he shall be guilty of a misdemeanor and upon conviction he shall he fined not less than fifty dollars and not more than one hundred dollars. [Acts of 35th Leg , 1st' Called Session, Chap. 44, Sec. 25.] RURAL SCHOOL AID. Sec. 42. For the purpose of promoting the public school interests' of rural schools and those of small towns, and of aiding the people in providing adequate school facilities for the education of their children, $2,000,000, or such part thereof as may be necessary, is hereby ap- prc priated out of any money in the State Treasury not otherwise ajjpro- priated for the school year ending August 31, 1920, and $2,000,000, or such part thereof as may be necessary, for the year ending August 31, 1921, to be used in accordance with the provisions of this Act in aiding rural schools and those of small towns. Sec. 43. State aid under the provisions of this Act may be dis- tributed in such a way as to assist all schools of not more than 500 scholastic enrollment to maintain the school for such length of term, not to exceed nine months, as may be desired by the district board of school trustees, for granting of "such aid to be subject to the following con- ditions: (1) A common school district receiving this aid must not contain less than nine square miles. 22 State Departmetstt of Education. (2) A common school district or independent school district receiving this* aid must have had an average attendance the preceding year at least twenty times as many scholastics as the number of teachers employed, and must maintain during the year in which aid is received, an average attendance of at least 75 per cent of the enrollment during the time that the school is in session, unless cause for such non-attendance, satisfactory to the State Board of Education can be shown. (3) Afiy common or independent school district receiving this aid must make such heating and ventilating arrangements, provide such sanitary closets, and keep school premises in such condition as can be apj-jroved by the rural school ins]:)ector sent by the State Department of Education. (4) Xo common school district or independent school district which refuses to conform to a plan of consolidation formulated by the county superintendent and approved )jy the county board of trustees and by the State Superintendent, shall receive aid from this fund for any school session following the school year in which such refusal is made, School districts in sparsely settled communities where consolidation is impracticable, are to be excepted from this provision of this Act: provided that the decision as to whether such consolidation is not ad- vantageous shall rest Avith the county board of trustees and shall be approved by the State Superintendent. It is expressly provided that in case of schools where compliance with the preceding conditions is im- possible, or would work undue hardships, the State Superintendent shall have power, with the approval of the State Board of Education, to grant fimds to such schools. (5) Xo common or independent school district which has received aid from this fund for one scholastic year, shall be granted such aid a second time unless it shall provide for the maintenance of its schools by voting a tax for maintenance of schools of fifty cents on the hundred dollars of property valuation ; aind in no case shall the assessed valuation for the common school district be less than the valuation of the county assessor; and in no ease shall the assessed valuation in towns be less than the assessed valuation of town property for other purposes. Schools of not more than 500 scholastic enrollment, complying with the foregoing conditions, shall send to the State Superintendent, on blanks provided by the State Department of Education, a list of teachers employed in the school, with a statement as to the monthly salary of each teacher, it being shown on this blank that the trustees hick sufficient funds to maintain the school for the desired length of term. The State Super- intendent of Pul)lic Instruction, with the approval of the State Board of Education, may then grant to the school such an amount of this fund as may be necessary to maintain the school for the desired length of term; provided that this period he not longer than nine scholastic months, and provided that such aid be not granted in excess of an amount sufficient to pay the teachers the maximum salary permitted by State law to those holding certificates of the grades held by the teachers of the school dis- tricts to which such aid is granted. Provided, all school districts meet- ing the requirements of this Act, and not having suificient available school funds to maintain their school six months in the vear, sliall be given Laws Relating to Teachers and Pupils. 23 the preference in the distribnticn of this fund, until all the public schools in the State can be maintained at least six months in the year. Note that any school district, which has never received State aid, may re- ceive, for one year, such aid as is needed, by complying with the very simple conditions set forth in the above paragraphs, whether it levies a local tax or not. School trustees of such schools should apply for such aid as is needed to run the school for the desired length of term, and then put forth the effort during that year to carry an election for a local tax, that this aid may be continued. Sec. M. All applications for State aid under this Act shall be made upon the form published by the State Board of Education and fur- nished by the State Department of Education. Before any application is presented to the State Board of Education for its consideration, the State Superintendent shall make careful investigation regarding com- pliance with conditions, and his certificate that each district to which aid is granted, meets substantially the requirements of the law. shall be re- quired by the board before aid in any amount is granted. Sec. 44a. In addition, State aid to the amount of not more than $500 for any district may be granted, from the appropriation au- thorized by this Act, to school districts under the following conditions : (1) * Location. Each such scho.ol receiving this State aid shall be well located on a plot of ground not less than one acre in extent, properly drained and suitably laid out. (2) Scliool House. There shall be provided a suitable school house, erected in accordance with the school house building law of Texas, or meeting substantially the requirements thereof. (3) Equipment. Each such school shall be provided with necessary desks, seats, and blackboards; and with such librarjr, books, maps, and globes as recommended in the State course of study, as in the opinion of the State Superintendent said school may be able to purchase. (4) Teacliers. Teachers employed in country or small town schools shall furnish to the State Superintendent satisfactory evidence of pro- fessional training to their credit, and all teachers must render efficient service of a high grade. (5) Attendance. In order to receive State aid under these condi- tions, the school district must have a scholastic enrollment of not more tlian 500 scholastic enrollment, exclusive of transfers, and must main- taii: an attendance record during the year in which it receives such aid of not less than seventy- five per cent. of the enrollment unless causes for such non-attendance satisfactory to the State Board of Education can be shown. (6) Local Tax. The school district must have levied and be collect- ing a local school tax for maintenance of not less than fifty cents on the hundred dollars valuation; provided that in no case shall the assessed valuation in rural districts be less than the valuation of the county as- sessor, and provided that in small town districts, in no case shall the property valuation for school purposes be less than that for any other taxation upon town property; provided that any school district which 24 State Depaetment op E'ducation. has not received aid for one year shall receive such aid for one time only even though no such tax has been voted by said district. (7) Subjects. Each country school or small town school shall teach the eommon school subjects as prescribed by laAv. Sec. 45. Such part of this fund as may not be expended under the preceding provisions of this Act may be granted to schools of not more than 500 scholastic enrollment for the following purposes: (1) Schools making provision for transportation of pupils to and from consolidated schools may be granted from this fund a sum equal to one-half of the total cost of transportation, provided that the provisions of the contract for said transportation be approved by the State Superin- tendent. (2) State aid from this fund may be granted, in accordance with rules approved by the State Board of Education, for the purpose of pro- viding for an annual increase of salary to teachers of rural schools and schools of small towns, who remain in the same position; provided (1) that such aid shall not exceed one-half of the amount of the annual in- crease paid by the school, (2) that such teachers shall furnish recom- mendations as to satisfactory work from their local boards, (3) that such aid shall not be granted for the increase of salaries of teachers who do not attend a summer school for at least two months not less frequently than one summer out of every three, and (4) that the maximum salary paid such teachers shall not exceed the average of the salary paid to teachers of similar acquirements and experience in the three largest cities of the State. Note that the specific language of this law required attendance at school. Therefore teachers should not attempt to offer correspondence work as satis- fying this provision. (3) Any school which acquires by purchase or by gift a library of a value of not less than $200 consisting of books approved as a school library by the regulations of the State Department of Education, may receive from this fund a sum not exceeding one-half the value of said library. (4) Provided that State aid not exceeding $500 for any one school may be granted under this section in any one year. Sec. 46. General Poujer-of State Board of Education. The State Boyrd of Education shall be authorized and it shall be their duty to take such action and to make such rules and regulations, not inconsistent with the terms of this Act, as, in its opinion, may be necessary to carry out the provisions and intentions of this Act. [Acts of 36th Leg., Chap. TAX LEVY FOR SCHOOL AND TEXT BOOK FUND. Sec. 47. There is levied and shall be collected for public free school purposes for the year 1919 and annually thereafter an ad valorem tax of thirty-five (35) cents on the one hu.ndred ($100). dollars valuation of all real property situated and on all property owned in the State on the first day of January of each and every year, and on all property Laws Eelating to Teachees and Pupils. 25 sent out of the State prior to the first day of January for the purpose of evading the payment of taxes thereon and afterwards returned to the State, except so much thereof as may be exempted by the Constitution and laws of this State or the United States, which said taxes shall be collected in the same manner as other ad valorem taxes, and all of said taxes are hereby appropriated for such purpose for the years ending August 31, 1920, and August 31, 1921. Sec. 47a. The State Board of Education shall annually, at a meeting designated by them each year, set apart out of the funds raised under the provisions of this Act an amount sufficient not to exceed 15 cents on the one hundred ($100) dollars valuation on all property mentioned in Section 1 hereof to purchase and distribute the necessary school books for the use of the pupils of the public free schools of this State. Sec. 47b. All laws and parts of laws in conflict herewith are hereby repealed. Sec. 47c. The fact that there is now' no law upon the statute books of this State authorizing a sufficient levy of school taxes creates an emer- gency and an imperative necessity requiring the suspension of the con- stitutional rule that bills be read on three several days, and said rule is hereby suspended, and this Act shall take effect from and. after its pas- sage, and it is so enacted. [Acts of 36th Leg., 2nd Called Session, Chap. 23.] This law was made necessary because of the fact that we had on the statute books an old law limiting the amount of school tax which the State might levy to $4.50 per capita. While this law had been disregarded in the past, it was thought wise to pass one which would authorize present custom. Pleaae «ote that the maximum amount which can be spent for free text-books is the revenue from the tax of 15 cents on the hundred dollars, which was voted for this purpose, November, 1917, by the people of the State. This provision should put an end to the groundless rumors that free text-books must be purchased from funds formerly used to pay the salaries of teachers. On the contrary, this law requires the levy of a thirty-five cents tax for schools and free text- books, thus making compulsory what before was not actually legal. Teachers should bear in mind the fact that all that can be saved from the Text-Book Fund may be used for increased support of the schools. It is to the teacher's interests to require good care of text -books, as well as excellent training for the pupil. PURPOSES FOR WPIICH THE SCHOOL FUND MAY BE EXPENDED. Sec. 48. The public free school funds shall hereafter not be ex- pended except for the following purposes : (a) The State and county available funds shall be used exclusively for the payment of teachers and superintendents' salaries, fees for taking the scholastic census, and interest on money torroiued on short time to pay salaries of teachers and superintendents when these salaries become due before the school funds for the current year become available. (b) Local school funds from district taxes, tuition fees of pupils not entitled to free tuition and other local sources may be used for the pur- poses enumerated for State and county funds and for purchasing ap- 26 State DErARTMEXT of Education. pliaDces and supplies, for the payment of insurance premiums, janitors and other employes, for buying school sites, buying, building and repair- ing and renting school houses, and for other purposes necessary in the conduct of the public schools to be determined by the board of trustees, the accounts and vouchers for county districts and communities, to be approved by the county superintendent; p-ovided, that when the State available school fund in any city or district is sufficient to maintain the schools thereof in any year for at least eight months, and leave a surplus^ such surplus may be expended for the purposes mentioned herein. [Acts of 36th Leg., Chap., 122.] Note that the words italicized aboAe make it legal for school trustees to borrow the money to paj^ teachers promptly, interest being deducted from the school funds. This law requires the State and not the teacher to pay the inter- est on money due to teachers. Teachers should inform their trustees as to this law, and insist upon prompt payment of salaries. The money can lie borrowed on a note signed by one or all of the trustees. EQUAL PAT FOR MEN AND WOMEN. Sec. 49. All women teaching in the State schools of the State of Texas shall be paid the same compensations as are paid to men for per- forming the same kind, grade and quantity of service, and that all women performing public service for the State of Texas shall be paid the same compensation for their service as is paid to men for performing the same kind, grade and quantity of service, and that there shall be no distinc- tion in compensation on account of sex. [Acts 36th Leg., Chap. 89.] LAV^^S relating TO SCHOOL BUILDINGS. Sec. 50. Position of Windows. — That in the public school buildings of Texas no window admitting light shall be so placed in a class room or study hall that it must be faced by pupils when seated at their desks. Pupils should be seated facing one end of the school room, and all windows located in front or to the right for purposes of ventilation should be louvered so as to exclude the light. Sec. 50a. Direction of Main Light Into Room. — That the main light in all one room schools shall come from the left of the pupils as the} sit at their desks, and in all larger buildings this condition shall be approximated as nearly as architectural demands and the demands of ventilation will permit. Windows should be grouped as closely together as possible, the distance between each window being not more than six or eight inches, except that in case of brick or stone buildings they may be inserted in pairs, with a slightly wider space between each pair to give the wall greater strength. Toward the front of the room the first window should not go beyond the first row of seats immediately in front of tlic teacher's desk, which should be approximately five or six feet from the front wall. The rear window may come as near as may be desired to the rear wall. The number of main windows that admit light from the left of the pupils should not l)e fewer than five or six. Windows inserted in the wall to the rear of the pupils and directly in front of the teacher for purposes of ventilation should not exceed two or three in number, should likewise be grouped closely together, and should be provided with adjustable shades or stationary louvers. • LA^vs Eelating to Teachers and Pupils. 27 Seo, 51. Jacl-eted Stoves. — That all sclioolhouses shall be provided with sufficient heating apparatus. That all stoves, radiators or other sources of direct heat located within the class room or study halls shall be so jacketed, ventilated or otherwise protected that the desks upon the side next to the stove, radiator or other source of heat shall not be more than five degrees Fahrenheit hotter than the desks upon the opposite side of the room. In order for an even temperature to be maintained it is necessary for the system employed to supply heat to provide also for free circulation of warm air throughout the room. Any heating system that fails to do this will not meet the legal requirements on this point. (R. V. S. 1914, Art. 2904.) COMPULSORY SCHOOL ATTEoSTDAlSrCE LAW. PROVISIONS RELATING TO PUPILS AND TEACHERS. Sec. 52. Attendance Requirements and Provisions. — Every child in this State who is eight years and not more than fourteen years old shall be required to attend the public schools in the district of its resi- dence, or in some other district to which it may be transferred, as pro- vided by law, for a period of not less than sixty days for the scholastic year, beginning September 1, 1916, and for a period of not less than eighty days for the scholastic years [year] beginning September 1, 1917, and for the scholastic year 1918-19, and each scholastic year thereafter a minimum attendance of 100 days shall be required. Note. — The Court of Criminal Appeals held in the case of Butler v. State. 194 S. W., 166, that the provisions of the compulsory school attendance law are not applicable until a child becomes eight years of age, and after it becomes fourteen years of age. Sec. 52a. The period of compulsory school attendance at each school shall begin at the opening of the school term unless otherwise authorized by the district school trustees and notice given by the trustees prior to the beginning of such school term; provided^ that no child shall be required to attend school for a longer period than the maximum term of the jDublic school in the district where such child resides. . If the beginning of the compulsory school attendance period be changed from the opening of the school term, notice thereof shall be posted on the schoolhouse door of the district, delivered to the county siiperintendent, handed to the superintendent, principal, or other official of private, denominational or parochial schools, and published in the local papers, if there be any, prior to the opening day of the regular school term. Failure to receive official notice will not absolve any scliool officer, instructor, or private tutor from the requirements of the law. It is highly desirable that the compulsory school attendance period be placed as near as practicable to the opening of the reg- ular school term, and the county superintendent Avill find it easier to admin- ister the requirements of the law if he succeeds in getting school trustees to adopt as nearly as possible a uniform date for the beginning of thf compul- sory attendance period. Sec. 53. Exemptions. — The following classes of children are exempt from the requirements of this Act : (a) Any child in attendance upon a private or parochial school or who is being properly instructed by a private tutor. 28 State Department op EDucATioisr. The attendance officer may excuse any child from attendance upon the pub- lic free school who is in actual attendance upon a private or parochial school, or who is being properly instructed by a private tutor. Section 80 makes it the duty of the superintendent, principal or teacher of a private, denomina- tional or parochial school to furnish the county superintendent with a list of all children coming within the compulsory ages enrolled in the school pre- sided over by such superintendent, principal or teacher, together with the number of the district in which said child was enumerated in the public school census, or if not enumerated in the county of its residence, the district in Avhich it resides at the time of its enrollment in school. (b) Any child whose bodiljr or mental condition is such as to render attendance inadvisable, and who holds definite certificate of a reputable physician specifying this condition and covering the period of absence. In the administration of this provision of the law, the certificate of any physician licensed by the State of Texas to practice medicine may be accepted, except in cases of doubt, Avhen the attendance officer may require the certifi- cate of a specialist. All certificates must specify definitely the child's dis- ability. (e) Any child who is blind, deaf, dumb or feeble-minded, for the instruction of whom no adequate provision has been made by the school district. The attendance officer shall have authority to excuse from school any child who is blind, deaf, dumb, or feeble-minded; provided, no adequate provision has been made by the school district for the instruction of such children. In cases of doubt, the attendance officer may require a certificate from a licensed physician or specialist. (d) Any child living more than two and one-half miles by direct and traveled road from the nearest public school supported for children of the same race and color of such child, and with no free transporta- tion provided. The fact that a child resides more than 2 1-2 miles from the school ot the district in which it lives but resides less than 2 1-2 miles from a public school in an adjoining district shall not operate to require the child's attendance upon any school except it be transferred to the school located not more than 2 1-2 miles from the child's home. The fact that a child is transferred to a school in another district more than 2 1-2 miles from its residence will not operate to excuse it from compulsory school attendance if it lives within 2 1-2 miles of the school in the district of its residence. (e) Any child more than twelve years of age who has satisfactorily completed the work of the fourth grade of a standard elementary school of seven grades, and whose services are needed in support of a parent or other person standing in parental relation to .the child, may, on presentation of proper evidence to the county superintendent of public instruction, be exempted from further attendance at school. A simple request on the part of the parent or guardian, or a verbal excuse on the part of the county superintendent, will not suffice to answer this re- quirement of the law. The person desiring exemption shall direct his appli- cation to the county superintendent, using the form prescribed by the State Department of Education, and setting forth the reason why the request for ex- emption from further attendance at school be granted. If granted, the county superintendent will issue to the petitioner a certificate of exemption, which certificate shall be subject to revocation at any time by the authority issuing it if it be found that the statement in the petition were incorrect or false, or Laws Eelating to Teachees and Pupils. .29 if tlie child be found spending his time in idleness. Before giving any cer- tificate of exemption to any child imder this provision of the law, the county superintendent will thoroughly investigate any such case and determine to his satisfaction that the services of such child are actually needed in support of a parent or other person standing in parental relation to said child. li the census records of the county do not disclose the age of the child, the county superintendent may require an affidavit from the parent to the effect that the child is more than 12 years old. In determining whether or not the child has completed the work of the fourth grade, the county superintendent will ordinarily be governed by the records of the school where the child may have completed the grades. Promotions will be detarmined bj"^ the local teacher under the direction of the county superintendent and the rules and regula- tions prescribed by the county school trustees. The county superintendent shall make note on each such application his disposition of the case, and care- fully file such petition as a part of the records of his office to be preserved for at least one year. Sec. 54. Excuses for Absences.— Any child not exempted from the provisions of this Act may be excused for temporary absence due to personal sickness, sickness or death in the family, quarantine, severe storm which has destroyed bridges and made the regular means of travel dangerous, or for unusual causes acceptable to the teacher, prin- cipal or superintendent of the school in which said child enrolled ; provided that the excuses are in writing and signed by the parent or guardian of said child; but any case so excused may be investigated by the authorities discharging the duties of attendance officer for the school from which said child is so excused. The temporary absence of any child may be excused by the teacher, prin- cipal, or superintendent of the school upon the written request of the parent or guardian properly signed in his or her own handwriting, and setting forth one or more of the reasons specified in this provision. In each instance, the teacher shall write on the application the word "Approved" or "Rejected," as the case may be, together with the date of this action, and sign thereon his or her name. All such applications approved shall be carefully preserved and delivered during the day to the head teacher or principal of the school if there be more than one teacher in the school, who shall have authority to investigate promptly such applications for excuse if deemed advisable. Any application for excuse rejected by the teacher shall be reported immediately by her to the head teacher or principal of the school, if there be more than one teacher in the school, whose duty it shall be to investigate the merits of such application, and if the teacher is sustained in her action rejecting said application for excuse, then it shall be the duty of the head teacher or prin- cipal to report the matter to the superintendent of the school without delay, who shall in turn have authority to investigate the merits of the case. If the superintendent sustains the action of the teacher and principal in reject- ing the application for excuse, it shall be his duty to report the matter im- mediately to the attendance officer for attention. Rural teachers not in daily touch with the county superintendent will comply with this requirement of the law by placing in the United States mail any application for excuse re- jected by them on the day of its rejection. Sec. 55. The superintendents and principals of the various schools of said county shall, within five days from the date that the provisions of the compulsory attendance act applies to said school, report to said county superintendent the names of all children subject to the provisions of this Act who have not enrolled in said school, and it shall be the duty of the superintendent, principal or other official of private, denomi- national or parochial schools to furnish to said county superintendent 30 State Dep.vetment of Education. a list of all children of scholastic age enrolled in the school presided over by said official and the district in which said child was enumerated in the public school census. Not later than the fifth day from the beginning of the compulsory attend- ance period in any school, the superintendent, principal, or teacher of any public school shall report to the county superintendent the names of all children subject to school attendance under this Act who have not enrolled in public school as shown by the teacher's register in comparison with the county super- intendent's roll of scholastics and transfers furnished said superintendent, principal, or head teacher. Likewise it shall be the duty of any private tutor, the superintendent, principal, or other official of private, denominational, or parochial schools to furnish to the county superintendent not later than the fifth day from the beginning of the compulsory attendance period a list of all children of scholastic age enrolled under their supervision and instruction. The county superintendent shall carefully recheck all such lists promptly and furnish to the attendance ofiicer a definite list of all children subject to com- pulsory school attendance who are not complying with the law, and it will be the duty of such attendance officer immediately to direct the parents or guardians of all such children to enter them in school without further delay and from day to day pursue the steps prescribed by law to compel such children to attend school regularly. Sec. 55a. It shall be the dnty of any teacher giving instruction to any child within compulsory attendance age to report promptly to the attendance officer or other person acting in his stead as herein provided, any unexcused absences, for his action. The administration of this provision of law is similar to that prescribed in Section 54 of this Act. It is intended primarily to require co-operation of pri- vate tutors, superintendents, principals, or other officials of private, denomina- tional or parochial schools in reporting promptly to the attendance officer un excused absences during the compulsory attendance period. In order to enforce eomijulsory school attendance uniformly and satisfactorily, it will be neces- sary for all teachers, both private and public, to report promptly to the at- tendance officer all unexcused absences, and the method of reporting should be in accordance with the directions given, in note under Section 54. Parents should be encouraged to report immediately the absence of their children from school, and give the reason therefor. Such action on their part would not only be regarded as a friendly attitude toward the school, but it would save time for the attendance officer and would serve to cultivate in the minds of the children a respect for the law. Any teacher failing to comply strictly with the provisions of this law would be subject to dismissal by the board of trustees, and would give sufficient cause for the cancellation of her certificate. This provision of the law makes it obligatory upon all private tutors, and all teachers in public, private, and parochial schools to report promptly any unexcused absence to the attendance officer. Sec. 56. Incorrigibility and Suspension. — Any child within the com- pulsory school attendance ages who shall be insubordinate, disorderly, vicious or immoral in conduct, or who persistently violates the reason- able rules and regulations of the school which he attends, or who other- wise persistently misbehaves therein so as to render himself an incor- rigible, shall be reported to the person exercising the duties of attend- ance officer of said school, who shall proceed against such child in the juvenile court as herein provided. If such child is found guilty upon a charge or charges made against him in said court, the judge of said court shall have the power to parole said child, after requiring the parent or other person standing in parental relation to execute a bond in the sum of not less than ten dollars, conditioned that said child Laws Eelating to Teachees and Pupils,. 31 shal] attend school regularly and comply witii all the rules and' regu- lations of said school. If the superintendent or principal of any school shall report to the school attendance officer acting for said school that said child has violated the conditions of his parole, said attendance' officer shall proceed against such child before the judge of the Juvenile court, as in the first case herein mentioned, and if said child shall be found guilty of violating the conditions of said parole, the bond pro- vided for herein shall forthwith be declared forfeited, and shall be col- lected in the same manner as other forfeited bonds under the general laws of this State, and the proceed 3 of same paid into the available school fxind of the common school district or the independent school district, as the case may be; and the judge of said court shall have the power in his discretion, after a fair and impartial hearing given to said child, to parole said child again, requiring such bond as he may deem prudent, and require said child to again enter school. If said childi shall violate the conditions of the second parole and shall be convicted! of same, he shall be committed to a suitable training school as may be agreed upon by the parent of the child and the judge of the juvenile- court in which the child is convicted. [Acts 34th Leg., Chap. 49.] Any child who shall render himself' an incorrigible under this provision^ and be suspended from school by the teacher, shall be reported at once by his teacher to the attendance officer of said school, which officer shall imme- diately file charges against such child in the juvenile court and shall prose- cute the case to its completion. In disposing of the case, the judge of th^ court shall have power to parole said child after requiring the parent or guardian to execute a good and sufficient bond in a sum of not less than $10 to the effect that said child shall attend school regularly and comply with all the rule* and regulations of said school. If the superintendent, principal, or teacher report to the attendance officer that the child has violated the conditions of his parole, the bond for the child required in the first instance shall be de- clared forfeited, and shall be collected and paid into the available school fund' of the district in which the child resides, except the judge of the juvenile court shall decide to parole said child again, requiring such bond in excess of the amount specified in the first instance as he may deem prudent, and requiring' said child to re-enter school a second time. No child shall be paroled more than twice during any school year, and upon violation and conviction of a second parole, it shall be the duty of the judge of the juvenile court to commit the child to a suitable training school as may be agreed upon with the parent of the child. The judge of the juvenile court shall have the deciding voice in case that parent of the child and he are unable to agree upon a suitable training school. Under this provision of the law there can be no such thing as expulsion of a child of compulsory school attendance age. The teacher may suspend a pupil during the compulsory school attendance period, provided, as stated above, she reports the matter immediately to the attendance officer. The law says that the child of compulsory school age must go to school. If he will not conduct himself in accordance with the rules and regulations of the school as approved by the board of trustees, the judge of the juvenile court shall commit him to some' suitable training school. The law does not provide that the local school board shall defray any part of the expenses of said child when committed to a suitable training school or to the State Juvenile Training School. Pupils under the instruction of a private tutor or in attendance upon a private, parochial or denominational school shall be proceeded against for incorrigibility, truancy and suspension as if they were in attendance upon the public free schools* THE FLAG LAW. Sec. 57. That the dailj'' program of every school in this State shall be so formulated by teacher, principal, or superintendent as to include 32 State Department of Education. at least ten minutes for the teaching of lessons of intelligent patriotism, including the needs of the State and Federal governments, the duty of the citizen to the State, and the obligation of the State to the citizen. Sec. 57a. That the board of school trustees of each and every com- mon, independent, or municipal school district be and is hereby re- quired to provide for a suitable United States flag and flagpole for each school building in the district, and the expense incurred in carry- ing out this provision of the law shall be paid out of the funds of the district. Sec. 57b. It shall be the duty of the State Superintendent of Public Instruction to issue to each county and city superintendent of public instruction in this State the necessary instructions as to the -enforce- ment of this law, and it shall be the duty of the county and city super- intendents of public instruction in every county in this State to see that the provisions of this law and the instructions of the State Super- intendent of Public Instruction relative to this law are carried out. The county superintendent of public instruction shall not approve for payment any vouchers drawn on the funds of the district until such district shall have complied with the provisions of this act; nor shall the president of any school board of any independent or municipal school district in this State approve vouchers for the payment of any account until the provisions of this law have been complied with in every particular. Sec. 57c. Any official or employe of the public free schools failing to perform his or her legal duty in connection with the administration of this law shall be deemed guilty of a misdemeanor, and shall be subject to a flne of not more than five hundred dollars or removal from office or both fine and removal from office. Sec. 57d. The fact that this nation is now at war with a foreign foe, and that the strength of a government of the people, by the people, and for the people must necessarily come of its citizenship, creates an emer- gency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and that this Act shall be in force from and after its passage, and it is so enacted [Acts of 35th Leg., 4th Called Session, Chap. 38.] EfEective March 20, 1918. KESOLUTIONS PASSED BY THE THIRTY-SIXTH LEGISLATURE. Sec. 58. Whereas, The Texas Flag Law places upon the State Superintendent of Public Instruction the responsibility of issuing to the schools instructions in regard to the details of the observance of the law ; and Whereas, Intelligent care of the flag is a part of the lesson of pa- triotism, since the flag is to the child the symbol of his love of his country; and Whereas, The Superintendent of Public Instruction is in hearty ac- Laws Eelating to Teacheks and Pupils. 33 cord with the desire of certain members of the Legislature to preserve the flags now the property of the schools, and not to represent the patriotic feeling of our nation by tattered and discolored emblems on the schoolhouses of our State; therefore, be it Resolved, That it is the wish of the people of Texas, through their Eepresentatives in the Texas Legislature, that the State Superintend- ent of Public Instruction shall include, in instructions to city and county superintendents, provisions requiring the flag of each school- house to be kept within doors, to be displayed on the exterior of the building only in good weather, on suitable occasions, and at such regu- lar intervals as may be desirable, at the same time providing for such regular use of the flag in patriotic exercises as may inspire in the chil- dren of the State the proper reverence and enthusiasm for the Star Spangled Banner of the greatest republic in the world. CERTIFICATE LAW. Sec. 59. Teachers' certiflcates, authorizing the holders thereof to contract to teach in the public free schools of this State shall be of two kinds, as follows: (1) Temporary certiflcate; (2) permanent cer- tificate. Temporary certificates shall be of the following classes: (1) A second grade certificate; and (2) a first grade certificate. Permanent certificates shall be of the following classes : (1) A State pennanent certificate; (2) a State first grade permanent certificate; and (3) a State permanent primary certificate. Sec. 60. After October 1, 1920, an applicant for a second grade certificate shall be examined in spelling, reading, writing, arithmetic, English grammar, elementary physiology and hygiene with special refer- ence to narcotics, school management and methods of teaching Texas history. United States history, and, in addition, on any three of the fol- lowing subjects: Elementary agriculture, elementary composition, geography, drawing, and music. An applicant for a first grade cer- tificate shall be examined in the subjects prescribed for a second grade certificate, on any three of the optional subjects prescribed for a second grade certificate, and, in addition thereto, on civil government, higher English composition, elementary psychology applied to teaching, and on anj four of the following subjects : Algebra, physical geography, ancient history, modem history, elements of plane geometry, botany, American literature. In taking examination for a second grade certificate, no applicant shall be permitted at any one series of examinations to take examinations on more than twelve subjects, nine prescribed, and three optional, and in taking the additional examination for a first grade certificate, no applicant shall be permitted at any one series of examinations, to take examinations on more than seven subjects, three prescribed, and four optional, as set forth in the preceding paragraph. Second and first grade certificates shall be valid, unless canceled by lawful authority, until the fourth anniversary of the thirty-first day of August of the calendar year in which the examination was held, and to receive such certificates, ap- plicant shall make on examination on all subjects an average grade of 34 State Department of Education. not less than seventy-five per cent and on each subject a grade of not less than fifty per cent; provided, that if the applicant makes a gen- eral average on all subjects of not less than eighty-five per cent, and on each subject a grade of not less than fifty per cent, a first grade cer- tificate shall be valid unless canceled by lawful authority until the sixth anriversary of the thirty-first day of August of the calendar year in which the examination was held. Sec. 61. After October 1, 1920, an applicant for a State permanent primary certificate shall be examined in the subjects prescribed for a second grade certificate, in any three of the optional subjects prescribed foi a second grade certificate, and, in addition thereto, the subjects of civil government, higher English composition. Methods of Teaching Ap- plied to the Elementary Branches, history of education, and any three of the following subjects: American literature, English literature, physical geography, English history, botany, and zoology. After October 1, 1920, the holder of a State permanent primary cer- tificate may build up to a State permanent certificate during the first six years of the validity of, said certificate, by taking examinations in any eight of the prescribed or optional subjects required for a perma- nent certificate, which were not included in the examinations on which the permanent primary certificate was secured; provided that a per- son holding a State permanent primary certificate secured by building on a State first grade certificate may build to a State permanent certificate by taking examinations in any four of the prescribed or op- tional subjects required for a State permanent certificate which were not included in the examinations on which the permanent primary cer- tificate was granted. After October 1, 1920, the holder of a State first grade certificate niay build to' a State permanent primary certificate by taking examina- tion in history of education, methods of teaching applied to the ele- mentary branches of study, and on any two of the following subjects: English literature, English history, physical geography, botany, and zoology. ■ The applicant in building from a State first grade certificate to a State permanent primary certificate, shall take the examination in one or more of the additional subjects at the same examination. Any appli- cant for a permanent primary certificate, in order to receive such a cer- tificate, shall make a general average of eighty-five per cent on all the subjects and a grade of not less than fifty per cent on each subject. An applicant in building from a permanent primary to a State per- manent certificate, if this was obtained by building on a State second grade certificate, shall not be permitted at any one series of examina- tions, to take the examination in more than eight additional subjects; and if this was obtained by building on a State first grade certificate, shall not be permitted at any one series of examinations to take the examination on more than four additional subjects. After October 1, 1920, an applicant for a State permanent certificate shall be examined on the subjects prescribed for a second grade cer- tificate, on any three of the optional subjects prescribed for a second grade certificate, on the additional subjects prescribed for a first grade .Laws Eelating to Teachees and Pupils. 35 certificate;, on any four of the optional subjects prescribed for a first grade certificate and, in addition thereto, on the history of education, methods of teaching as applied to the elementary branches of study, and on any six of the following subjects: English literature, chem- istry, solid geometry, physics, plane trigonometrj^, elementary double- entry bookkeeping, economics, biology, school administration, geology, child stud}^, advanced grammar. The applicant, in order to receive such certificate, shall make on all subjects an average grade of not less than eighty-five per cent and a grade of not less than fifty per cent on each subject. Sec. 62. A person holding a second grade certificate may build to a first grade certificate or to a permanent primary certificate during the validity of the said second grade certificate by taking the examination in the additional subjects and making the required grades, said person having the privilege of being examined in one or more subjects at any one examination in building on his second grade certificate. A per- manent record of his examination shall be made in the State Depart- ment of Education, and upon the surrender of the lower class certificate, the higher class certificate shall be issued. The holder of a first grade certificate may build to a State permanent primary certificate or to a State permanent certificate during the validity of the said first grade certificate by taking the examinations in the additional subjects, said person having the privilege of being examined in one or more subjects at any one examination in building on a first grade certificate. A permanent record of his examination shall be made in the State Department of Education, and upon the suriender of the first grade certificate, the State permanent certificate or State permanent primary certificate, as the case may be, shall be issued. The holder of a State permanent primary certificate may build to a State permanent certificate during the first six years of the validity of said State permanent primary certificate by taking the examination in the additional subjects, and making 4;he required grades, said per- son shall have the privilege of being examined in one or more of the subjects at any one examination in building on his State permanent primary certificate. A permanent record of his examination shall be made in the State Department of Education, and upon the surrender of the lower class certificate the higher class certificate shall be issued. Sec. 62a. The holder of a second grade certificate or of a permanent primary certificate shall be eligible to contract to teach only the ele- mentary grades of the public schools of Texas; that is, in the grades one to seven, inclusive. The holder of a State first grade certificate, or ■ a State permanent certificate, shall be eligible to contract to teach in any public free school of Texas. Sec. 62b. A State permanent primary certificate or a State per- manent first grade certificate, or a State permanent certificate shall be valid during the life of the holder, unless canceled by lawful authority. Sec. 62c. An applicant for examination for any certificate may present, in lieu of an examination on any subject required for that cer- 36 State Depaetment of Education. tificate, one year's credit in that subject taken in any university, normal colJege, or junior college, which is classed by the State Department of Education as a university, or junior college of the first class. In this event, the applicant must present an official statement of the grade on this subject given to him by the said university or college, which grade shall be counted, for his average, among the grades obtained by ex- amination. A course whicli has once been counted towards a State cer- tificate shall not again be counted for a State certificate. Sec. 62d. A person who for fifteen consecutive years or more has been the holder of a State first grade certificate, and who can furnish evidence of successful experience in teaching for fifteen or more con- secutive sessions of school, shall be entitled to receive a State permanent first grade certificate. Provided further, that a teacher who has taught successfully for five years on a first grade State certificate, if this cer- tincate has expired, may, on recommendation of the county school board and the county superintendent, have this first grade State certificate extended for a period of one year; provided that no extension of cer- tificates under provisions of this Act shall apply after the session of 1921-1922. Sec. 63. Texas State Normal Diplomas and Certificates. — A teacher holding a diploma from a Texas State Normal College shall be entitled to receive from the State Department of Education a State permanent certificate, valid during good behavior. A teacher on completing the third year course of a State Normal College shall be entitled to receive a State first grade certificate entitling the holder to teach in the public schools of this State until the seventh anniversary of the thirty-first day of August of the calendar year in which the certificate was issued. A teacher on completing the second year course of a State Normal Col- lege shall be entitled to receive a State first grade certificate entitling the holder to teach in the public schools of this State until the sixth anniversary of the thirty-first day of August of the calendar year in which the certificate was issued. A teacher, on completing the first year course of a Texas State Normal College, shall be entitled to re- ceive a State second grade certificate entitling the holder to teach in the elementary schools of this State until the fourth anniversary of the thirty-first of August of the calendar year in which the certificate was issued. Sec. 64. A teacher's diploma conferred by the University of Texas upon a student who has satisfactorily completed at least four full courses in the school of education, one of which shall include a study of methods of teaching, accompanied by observation and practice in teaching under skilled supervision, and who has satisfied the requirements for a bachelor's degree, when presented to the ■ State Department of ^ Education, with satisfactory evidence of having done the required work in education, shall entitle the holder to receive a State permanent certificate, valid for life, unless canceled by lawful authority. A person who has satisfactorily completed four full courses in the college of arts and one full course in the department of education of the Laws Eelating to Teachees and Pupils. 37 University of Texas or in any college or university, or in any junior col- lege, ranked as first-class by the State Superintendent of Public Instruc- tion, upon the recommendation of the State Board of Examiners, upon presentation of satisfactory evidence of having done the required work in edi cation, shall be entitled to receive from the State Department of Edu- cation a State first grade certificate valid until the second anniversary of the thirty-first day of August of the calendar year in which the cer- tificate is issued, unless canceled by lawful authority; provided that the four courses in the college of arts must cover three different subjects, one of which must be English; provided that the four courses in the college of arts may include any course which the college recognizes as one to be counted for its diploma. A second State first grade certificate, valid for two years, may be issued on five additional courses, provided that no course offered in the second application is identical in whole or in part with any one of the courses offered for the first certificate, and provided that an additional course in education be included among the .five courses, which must include three different subjects, in addition to the course in education. Any school applying for approval under the provisions of this Act shall pay a fee of twenty-five dollars, and each applicant for teacher's cer- tificate on college credentials shall pay a fee of one dollar to cover the expenses of inspection and standardization of approved colleges. It shall be the duty of the State Superintendent of. Public Instruction to appoint a suitable person or persons of recognized college standing, who shall make a thorough inspection of the equipment and standards of instruction maintained in each school applying for approval under this Act, and who shall make a detailed report to the State Board of Ex- aminers for their consideration. The State Board of Examiners shall make recommendations to the State Superintendent of Public Instruc- tion in regard to the classification of schools applying for approval under the provisions of this Act, and he shall give to them such rating as the standards of their work may justify. The State Superintendent shall have each school receiving the benefits of this Act thoroughly inspected from year to year as to its standards and facilities of instruction, and he shall have authority to suspend any school from the benefits of this Act which fails for any reason to maintain the approved standards of classification. Sec. 65. Certificates Issued on Worh Done in Any College or Univer- sity of First Class.^Anj person who holds a diploma conferring on him the degree of bachelor of arts, or any equivalent bachelor's degree, or any higher academic degree, from any college or university of the first class, and who has completed four full courses in education and pedagogy, one of which shall include a study of methods of teaching, accompanied by observation and practice in teaching under skilled supervision, may re- ceive from the State Superintendent of Public Instruction a permanent State certificate, which shall be valid anywhere in this State during good behavior; provided, that any person who holds a diploma conferring on him the degree of bachelor of arts, or any equivalent bachelor's degree, or any higher academic degree from any college or university of the first class, who has not had four full courses in education, but who furnishes 38 State Depaetment of Education. evidence of three years'", aggregating not less than twenty-seven months, successful experience in teaching, may receive from the State Superin- tendent of Puhlic Instruction a permanent State certificate, which shall be valid anywhere in this State during good behavior. The State Board of Examiners shall on application of institutions to be recognized as col- leges or universities of the first class, make investigations as to the -courses of study and the standards of such institutions, and shall make (Fecommendations to the State Superintendent of Public Instruction, who shall give them such rating as the standards of their work may justify. Sec. G6. A city or town which has a scholastic population of 1000 'Or more, and has become an independent school district, and which levies •a local tax for educational purposes or maintains a S3'stem of free schools for nine months in each year, and which has employed a superintendent ■of city schools, may have a city board of examiners. Said board of ex- aminers shall in all cases consist of the city superintendent of the city ■schools, together with two other persons who shall be appointed by him, •and who shall be teachers. The city board of examiners is hereby ;authorized to issue certificates valid only in the city in which they are issued. Such certificates shall be temporary. Temporary city certificates shall be of three classes, as follows : Sec- ond grade, first grade, and high school. A temporary city certificate shall be good for two years, unless canceled by lawful authority, and a second city certificate shall not be issued to any person. The further regulation of the issuance of such certificate shall be provided for by the board of trustees of such cities and towns ; provided, that no city or town .■shall make the requirements for its temporary certificates inferior to the (requirements prescribed by law for county or State certificates of the .corresponding grades. N'othing in this chapter shall interfere with the >va.k!dity of outstanding certificates in such cities or towns. Cities and 'towns authorized by the provisions of this chapter to have a city board of .examiners may, at the discretion of the superintendent of the city schools, ^employ a teacher of any special branch not included in the requirements if or ,a State certificate without requiring an examination or a teacher's icertificate; and nothing in this chapter shall prevent the board of trus- itees of any city or town from recognizing the certificates issued in any ■other such city or town in this State, and validating the same in the city or town so recognizing. A superintendent of schools in any city or town of this State shall be Tecjuired to be the holder of a State first grade or State permanent cer- tificate, and no school board may legally contract with any superintendent who lis not the holder of a State first grade or State permanent certificate. 'Sec. 67. Certificates Issued on Work Done in the College of Indus- irial Art^. — Any person who has completed a four-year college course heading to a degree, and who has completed four full courses in educa- tion, one of which shall include a study of methods of teaching accom- panied by observation and practice in teaching under skilled supervision, ■ on receiving a degi'ee from the College of Industrial Arts at Denton, ■shall be entitled to receive from the State Department of Education a ^penuanent certificate, valid during good behavior. Any person who has Laws Relating to Teachers and Pupils. 39 completed a regular course leading to graduation in the College of In- dustrial Arts at Denton, and who has completed two full courses in edu- cation, may on furnishing satisfactory evidence of having done the re- quired work, receive from the State Department of Education a State first grade certificate valid until the sixth anniversary of the thirty-first day of August of the calendar year in which the certificate was issued, unless canceled by lawful authority; provided, that when the holder of said first grade certificate has taught successfiilly in the public schools of Texas for a period of three years, and has furnished satisfactory evidence thereof to the State Department of Education, she may receive upon the surrender of the said first grade certificate, a State permanent certificate valid for life, unless canceled by lawful authority. Sec. 68. Certificates Issued on Diplomas from Institutions in Other States or on Certificates from Other States. — The holders of diplomas or certificates from other States, who desire certificates valid in Texas, shall present such diplomas or certificates to the State Superintendent, who shall require the State Board of Examiners to make investigations as to tho value of such diplomas or certificates as measured by the standards for eertificates in this State; and the State Superintendent of Public In- struction shall have the power to issue to the holder of a diploma or cer- tificate from another State such Texas certificate as, in his judgment, the holder is entitled to receive, when the value of his diploma or certificate is estimated by the standards required for Texas certificates; provided that no certificate may be issued, if the said diploma or certificate is not estimated to equal the lowest State certificate issued in Texas. Sec. 69. There shall be in each organized county in this State a county board of examiners composed of two persons to be appointed by the county superintendent or the ex-officio county superintendent. A person to be eligible to appointment on the county board of examiners must be the holder of a teachers' first grade State certificate or a State certificate of higher grade. The members of the county board of ex- aminers shall serve during the pleasure of the county superintendent and shall meet at the call of the county superintendent. The State Su- perintendent may for cause, approved by the State Board of Education, require the county superintendent to dismiss appointees from the county board of examiners. In such cases the vacancy must be filled by an appointee approved by the State Board of Education. The county super- intendent shall promptly forward to the State Superintendent, to be sub- mitted to the State Board of Examiners, the examination papers of ap- plicants for certificates, together with the reports of the county board of examiners on a prescribed form furnished by the State Department of Education, with a fee paid to him by each of the applicants. The passage of this law shall not be construed to prohibit the county board of examiners from issuing county second grade certificates, pro- vided the examination shall meet the requirements for second grade cer- tificates. After August 31, 1920, no county certificate shall be granted for a term longer than one year. A county certificate may be extended one year, provided the applicant produces evidence of having taken eight weeks' professional training at a State Normal College or at any 40 State Department of Education. scliool recognized by the State Depai'tment of Education as a first class university or junior college. Such applicant must have made a passing gi'ade on at least three of the subjects studied. The State Board of Examiners shall, at their next meeting, after the receipt of said papers and reports, together with the fees, examine the papers and shall make a report to tlie State Superintendent recommend- ing that certificates be issued, or be not issued, according to the grades made. The county board of examiners of each county shall hold an examina- tion, if there be applicants, on the first Friday and Saturday following in the months of April, June, July, September and December of each year, and the State Superintendent of Public Instruction may authorize such other examinations as may be necessary to secure an adequate force of certified teachers. Said board of examiners shall use the questions pre- scribed by the State Department of Education, and shall conduct the examination in accordance with the rules and regulations prescribed by tht State Department of Education and the county superintendent of public instruction. To each applicant who has made the required grades the State Super- intendent shall forward the report, together with the certificate recom- mended by the State Board of Examiners; and to each applicant who has failed to make the required grades, the State Superintendent shall forward the report of the State Board of Examiners without a certificate. Sec. 70. The county superintendent shall keep a record of all cer- tificates held by persons teaching in the public free schools of the com- mon school districts and of the independent school districts of his county. Any person who desires to teach in a public free school of a common school district shall present his certificate for record before the approval of his contract. Any person who desires to teach in the public schools of an independent school district shall present his certificate to the county superintendent for record before his contract with the board of trustees of the independent school district shall become valid. A teacher or superintendent who does not hold a valid certificate shall not be paid for teaching or work done before the granting of a valid certificate, ex- cept for teaching in such branches as are exempted under the terms of thi? Act; and any person responsible for paying, from the public school funds, any such teacher or superintendent, shall be deemed guilty of a misdemeanor and shall upon conviction be fined, for each offense, in any sum of not less than one hundred dollars, and not more than five hundred dollars. Sec. 71. No certificate shall be granted to a person under sixteen 3'earp of age. After August 31, 1920, no certificate shall be granted to a pors^on under seventeen years of age; and after August 31, 1921, no certificate shall be granted to a person under eighteen years of age. Se(\ 72. Any person or persons who shall sell, barter, or give away, prier to any forthcoming examination to applicants for teachers' cer- tificates, or to any other person, the questions prepared by the State Superintendent of Public Instruction, to be used by the county, summer Laws Relating to Teacheks and Pupils. . 41 normal, or any board of examiners in the examination of teaciiers at said forthcoming examination, or any person who shall accept or other- wise obtain possession of such questions, or the answers thereto, prior to any such examination; or any person or persons who shall use the same fraudulently at the time of said examination or thereafter ; or any person who shall permit or aid in substitution of examination papers fraudu- lently prepared, to be substituted for examination papers prepared dur- ing the examination; or any person who accepts remuneration for the grrnting of certificates or for aiding others to obtain certificates, except as provided by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than one hundred and not more than five hundred dollars and, in addition thereto, shall be imprisoned in the county jail for any number of days, not less than twenty and not more than sixty. , Sec. 73. Nothing in this Act shall be construed to impair the validity of outstanding city, county, ox State certificates. Cities and towns may. at the discretion of the superintendent, employ a teacher of any special bri.nch not included in the requirements for a State certificate, without requiring a teachers' certificate. [Acts of 36th Leg., 3rd Called Session. Chap. 61.] COURSE OF STUDY. | REQUIRING TEACHERS IN PUBLIC SCHOOLS TO CONDUCT SCHOOL WORK IN ENGLISH LANGUAGE EXCLUSIVELY. Sec. 74. Every teacher, principal, and superintendent employed in the public free schools of this State shall i.se the English language ex- clusively in the conduct of the work of the schools, and all recitatione and exercises of the school shall be conducted in the English language, and the trustees shall not prescribe any text books for elementary grades not printed in the English language; provided, that this provision shall not prevent the teaching of Latin, Greek, French, German, Spanish. Bohemian, or other language as a branch of study in the high school grades as outlined in the State course of study. Sec. 75. Atij teacher, principal, superintendent, trustee or other school official having responsibility in the conduct of the work of the school, and failing to comply with this provision of the law shall be deemed gnilty of a misdemeanor and upon conviction thereof in proper court shall be subject to fine of not less than twenty-five ($25) dollars and not more than one hundred ($100) dollars, cancellation of cer- tificate, or removal from ofiice, as the case may be, or both fine and can- cellation of certificate, or fine and removal from office. Each day shall be regarded as a separate offense, and it shall be the duty of the trustee, city or county superintendent, or ex-officio superintendent -to inspect the schools regularly with regard to the enforcement of this Act and file charges promptly in the court in all cases of violation. Sec. 76. All laws and parts of laws in conflict herewith are hereby repealed and should any part of this law be declared unconstitutional by thj courts, that fact shall not impair other parts of the law. [Acts of 35th Leg., 4th Called Session, Chap. 80.] 42 > State Depaetment of Education. Sec. 77. Prescribed Studies. — All public schools in this State shall be required to have taught in them ortliography, reading in English, penmanship, arithmetic, English grammar, modern geogi'aphy, compo- sition, physiology and hygiene, including the effects of alcoholic stimu- lants and narcotics on the human system, mental arithmetic, Texas history, United States histor}?-, civil government, elementary agriculture, cotton grading and other branches as may be agreed upon b}^ the trustees or directed by the State Superintendent of Public Instruction ; provided^ that the subject of elementary agriculture shall not be required to be taught in independent school districts having a scholastic popula- tion of three hundred or more, unless so ordered by the school boards; provided, further, that suitable instruction shall be given in the primary grades once each week regarding kindness to animals of the brute creation and the protection of birds and their nests and eggs; provided, further, that in the meaning of this Act elementary agriculture shall in- clude with the present adopted text certain practical field studies and laboratory experiments as prescribed by the county school trustees in conformity to law and the requirements of the State Superintendent of Public Instruction ; provided, further, that each summer normal insti- tiaie and each county teachers' institute shall employ at least one in- structor, who shall be selected because of his special preparation to give instruction in the subject of agriculture. [Sec. 100, Chap. 124, Acts of 29th Leg., as amended by Chap. 169, Acts of 30th Leg., and Chap. 83, Acts of 34th Leg.] Sec. 78. That on and after the third day of September, 1917, the history of Texas shall be taught in all public schools of this State, which history shall be taught in the history course of all public schools in this State, and in this course only. The said history course shall be not less than two hours in any one week and as much more time as the State Superintendent of Public Instruction, in his discretion, thinks is necessary. The State Superin- tendent of Public Instruction shall, within ten days after this Act goes into effect, notify the different county and city school superintendents as to how said history course shall be divided. [Acts 35th Leg., Cftap. 112.] AX ACT FIXING SALARY AND EXPENSE OF THE OFFICE OF COUNTY SUPERINTENDENT. Sec. 79. That Article 2758, Chapter 12, Title 48, of the Revised Civil Statutes of the State of Texas, 1911, as amended by Chapter 41, of the General Laws of the State of Texas, passed by the Fourth Called Session of the Thirty-fifth Legislature, be so amended as hereafter to re°d as follows : That the county superintendents of public instruction herein provided for shall receive from the available school fund of their respective coun- ties annual salaries as follows : In every county that has a scholastic population of 3000 or less in which the office of county superintendent has been created or may be crea-ted after this Act shall have gone into effect, the county snperin- Laws Eelating to Teachees and Pupils. 43 tendent shall receive an annual salary of sixteen hundred ($1600) dol- lars In every county that has a scholastic population of more than 3000 or less than 4000^ the county superintendent shall receive an annual salary of eighteen hundred ($1800) dollars. In every county that has a scholastic population of more than -1000 and less than 5000^ the county superintendent shall receive an annual salary of nineteen hundred ($1900) dollars. In every county that has a scholastic population of more than 5000 and less than 6000, the county superintendent shall receive an annual salary of two thousand ($2000) dollars. In every county that has a scholastic population of more than 6000 and less than 7000, the comity superintendent shall receive an annual salary of twenty-two hundred ($2200) dollars. In every county that has a scholastic population of more than 7000 and less than 8000, the county superintendent shall receive an annual salary of twenty-four hundred ($2400) dollars. In every county that has a scholastic population of more than 8000 anu less than 9000, the county superintendent shall receive an annual salary of twentj'-five hundred ($2500) dollars. In every county that has a scholastic population of more than 9000 and less than 10,000, the county superintendent shall receive an annual salary of twenty-six hundred ($2600) dollars. In all counties that have a scholastic population of 10,000 or more, the county superintendent shall receive an annual salary of twenty-eight hundred ($2800) dollars; provided, that in making the annual per capita apportionment to the schools, the county school trustees shall also make an annual allowance out of the State and county available funds for salary and expenses of the office of the county superintendent of public instruction, and the same shall be pro rated to the schools coming under the supervision of the county school- superintendent. The compensation herein provided for shall be paid monthly upon the order of the county school trustees; provided, that the salary for the month of September shall not be paid until the county superintendent presents a receipt from the State Superintendent of Public Instruction showing that he has made all reports required of him. The county board of trustees may make such further provisions as it deems necessary for office and traveling expenses for the county super- intendent of public instruction and any assistant he may have ; provided, that expenditures for office and traveling expenses shall not exceed three hundred ($300) dollars; and the county board of trustees may make provision for the employment of a competent assistant for the county superintendent of public instruction, who shall, in addition to his duties, act as attendance officer; and said board are hereby authorized to fix the salary of such assistant and pay the same out of the same funds from which the salary and expenses of the county superintendent are paid. Sec. 80. Article 2765. In a county where the county judge acts as superintendent of public instruction, he shall receive for his services as superintendent such salary as may be provided by the commissioners court, not to exceed the sum of nine hundred ($900) dollars per annum. [Acts of 36th Leg.. 3rd Called Session, Chap. 57.] BULLETINS OF THE STATE DEPARTMENT OF EDUCATION. Bulletin Bulletin Bulletin 43. 45. 47. Bulletin 60, Bulletin Bulletin 65, 68, Bulletin Bulletin Bulletin Bulletin 69, 70, 71, 75, Bulletin 76, Bulletin 77. Bulletin 81. Bulletin 82. Bulletin 83. Bulletin 84. Bulletin 85. Bulletin 87. Bulletin 91. Bulletin 98. Bulletin 99. Bulletin 101. Bulletin 102. Bulletin 104. Bulletin 105. Bulletin 106. Bulletin 107. Bulletin 108. Bulletin 109. Bulletin 110. Bulletin 111. Bulletin 112. Bulletin 113. Bulletin 114. Bulletin 115. Bulletin IW- Bulletin 117. Bulletin 118. Bulletin 119. Bulletin 120. Bulletin 121. NOM' AVAItcABLE FOB FKEE DISTBIBXJTION 1915 The Certification of Teacliers in Texas The Rural School Law Forms and Directions, Independent School Districts 1916 School Records and Reports 1917 School Grounds, School Buildings, and Their Equipment Federal Aid for . Vocational Agriculture for Texas under the Smith-Hughes Law Statistical Tables Texas Public Schools School Laws of Texas Fifteen Lessons in Food Conservation Federal Aid for Vocational Home Economics in Texas under the Smith-Hughes Law Federal Aid for Vocational Industrial Education in Texas under the Smith-Hughes Law 1918 Texas High Schools, Classification and Affiliation and College Entrance Requirements Texas High Schools : Latin Modern Languages English Mathematics Science Laboratory Equipment Library Equipment 1919 Texas High Schools : Texas High Schools : Texas High Schools : Texas High Schools : Texas High Schools : Texas High Schools : Free Text-Book Law Some Recent Legislation Texas High Schools — Directory of Classified and Affiliated High Schools School Legislation of the Second Called Session Thirty-sixth Legislature State Aid Schools (Equipment) State Course of Study (Elementary Grades)' Laboratory Exercises in Annual Production Laboratory Exercises in Plant Production - A Year's Work in Vocational Agriculture Girls' Clothing Contest Public School Bulletin 1920 How to Handle School Funds of Independent Districta How to Handle School Funds of County Texas High Schools — Directory of Teachers Syllabus of Home Economics for High Schools Physiology, Hygiene and Sanitation Commercial Bulletin Examinations and Certificates Summer Normal Outline Music Bulletin Rural Schools — Librarie« Project Study Outlines LIBRARY OF CONGRESS 0 019 748 493 7 mm. i,,a:.)..Ajr.^ i