L B
C-NRLF
SB 20 615
THE SCHOOL LAWS
OF ARIZONA
1917
Issued by
C. O. CASE SUPERINTENDENT OF PUBLIC INSTRUCTION
STATE OF ARIZONA
G. G. Morgan Printing Co.,
Phoenix, Arizona.
GIFT OF
4 r
THE SCHOOL LAWS
OF ARIZONA
1917
Issued by
C. O. CASE SUPERINTENDENT OF PUBLIC INSTRUCTION
STATE OF ARIZONA
£
M
THE ENABLING ACT
Provisions of the Enabling Act and Constitution of the State of Arizona Pertaining to Public Schools.
Sec. 19, Subdivision 4. That provisions shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of said State and free from sectarian control ; and that said schools shall always be conducted in English.
Sec. 24. That in addition to sections sixteen and thirty -six, heretofore reserved for the Territory of Ari- zona, sections two and thirty-two in every township in said proposed State not otherwise appropriated at the date of the passage of this Act are hereby granted to the said State for the support of common schools ; and where sections two, sixteen, thirty-two, and thirty-six, or any parts thereof, are mineral, or have been sold, reserved, or otherwise appropriated or reserved by or under the au- thority of any Act of Congress, or are wanting or frac- tional in quantity, or where settlement thereon with a view to preemption or homestead, or improvement thereof with a view to desert land entry has been made hereto- fore or hereafter, and before the survey thereof in the field, the provisions of sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of
381359
4 SCHOOL LAWS OF ARIZONA.
the Revised Statutes, and Acts amendatory thereof or supplementary thereto, are hereby made applicable thereto and to the selection of lands in lieu thereof to the same extent as if sections two and thirty-two, as well as sections sixteen and thirty-six were mentioned therein ; Provided, however, that the area of such indemnity selec- tions on account of any fractional township shall not in any event exceed an area which, when added to the area of the above-named sections returned by the sur- vey as in place, will equal four sections for fractional townships containing seventeen thousand two hundred and eighty acres or more, three sections for such town- ships containing eleven thousand five hundred and twenty acres or more, two sections for such townships containing five thousand seven hundred and sixty acres or more, nor one section for such townships containing six hundred and forty acres or more. And provided fur- ther, that the grants of sections two, sixteen, thirty-two and thirty-six to said State, within national forests now existing or proclaimed, shall not vest the title to said sections in said State until the part of said national for- ests embracing any of said sections is restored to the pub- lic domain; but said granted sections shall be adminis- tered as a part of said forests, and at the close of each fiscal year there shall be paid by the Secretary of the Treasury to the State, as income for its common-school fund, such proportion of the gross proceeds of all the national forests within said State as the area of lands hereby granted to said State for school purposes which are situated within said forest reserves, whether surveyed or unsurveyed, and for which no indemnity has been se- lected, may bear to the total area of said sections when unsurveyed to be determined by the Secretary of the Interior, by protraction or otherwise, the amount neces- sary for such payments being appropriated and made available annually from any money in the Treasury not otherwise appropriated.
SCHOOL LAWS OF ARIZONA. 5
Sec. 25. That the following grants are hereby made, to-wit :
For university purposes, two hundred thousand acres ; for school and asylums for the deaf, dumb, and the blind, one hundred thousand acres; for normal schools, two hundred thousand acres; for state, charitable, penal and ref ormator institutions, one hundred thousand acres ; for agricultural and mechanical colleges, one hun- dred and fifty thousand acres; for military institutes, one hundred thousand acres; and for the payment of the bonds and accrued interest thereon issued by Maricopa, Pima, Yavapai, and Coconino counties, Ari- zona, which said bonds were validated, approved and confirmed by the Act of Congress of June sixth, eighteen hundred and ninety-six (Twenty-ninth Statutes, page two hundred and sixty-two), one million acres. Provided, That if there shall remain any of the one million acres of land so granted, or of the proceeds of the sale or lease thereof, or rents, issues, or other profits therefrom, after the payment of said debts, such remainder of lands and proceeds of sales thereof shall be added to and become a part of the permanent school fund of said State, the income therefrom only to be used for the maintenance of the common schools of said State.
Sec. 26. That the schools, colleges, and universities provided for in this Act shall forever remain under the exclusive control of the said State, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college or university.
Sec. 27. That five per centum of the proceeds of sales of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into ,the Union, after deducting all the ex- penses incident to such sales, shall be paid to the said
6 SCHOOL LAWS OF ARIZONA.
State to be used as a permanent inviolable fund, the in- terest of which only shall be expended for the support of the common schools within said State.
CONSTITUTIONAL PROVISIONS. Article XI.
Sec. 1. The Legislature shall enact such laws as shall provide for the establishment and maintenance of a general and uniform public school system, which system shall include kindergarten schools, common schools, high schools, normal schools, industrial schools, and a univer- sity (which shall include an agricultural college, a school of mines, and such other technical schools as may be essential, until such time as it may be deemed advisable to establish separate State institutions of such character.) The Legislature shall also enact such laws as shall pro- vied for the education and care of the deaf, dumb, and blind.
Sec. 2. The general conduct and supervision of the public school system shall be vested in a State Board of Education, a State Superintendent of Public Instruction, county school superintendents, and such governing boards for the State institutions as may be provided by law.
Sec. 3. The State Board of Education shall be com- posed of the following members: The Governor, the Superintendent of Public Instruction, the President of the University, and principals of the State normal schools, as ex-officio members, and a city superintendent of schools, a principal of a high school, and a county super- intendent of schools, to be appointed by the Governor. The powers and duties of the Board shall be such as may be prescribed by law. The members of the Board shall serve" without pay, but all their necessary expenses in- curred in attending the meetings of the Board, and for printing, shall be provided for by law.
SCHOOL LAWS OF ARIZONA. 7
Sec. 4. The State Superintendent of Public Instruc- tion shall be a member, and secretary, of the State Board of Education, and, ex-officio, a member of any other board having control of public instruction in any State institution. His powers and duties shall be prescribed by law.
Sec. 5. The regents of the University, and the gov- erning boards of other State educational institutions, shall be appointed by the Governor, except that the Governor shall be, ex-officio, a member of the board of regents of the University.
Sec. 6. The University and all other State educa- tional institutions shall be open to students of both sexes, and the instruction shall be as nearly free as possible.
The Legislature shall provide for a system of com- mon schools by which a free school shall be established and maintained in every school district for at least six months in each year, which school shall be open to all pupils between the ages of six and twenty-one years.
Sec. 7. No sectarian instruction shall be imparted in any school or State educational institution that may be established under this Constitution, and no religious or political test or qualification shall ever be required as a condition of admission into any public educational insti- tution of the State, as teacher, student, or pupil ; but the liberty of conscience hereby secured shall not be so con- strued as to justify practices of conduct inconsistent with the good order, peace, morality, or safety of the State, or with the rights of others.
Sec. 8. A permanent State school fund for the use of the common schools shall be derived from the sale of public school lands or other public lands specified in the Enabling Act approved June 20, 1910; from all estate or distributive shares of estates that may escheat to the State; from all unclaimed shares and dividends of any
8 SCHOOL LAWS OF ARIZONA.
corporation incorporated under the laws of Arizona ; and from all gifts, devises, or bequests made to the State for general educational purposes.
The income derived from the investment of the per- manent State School fund, and from the rental derived from school lands, with such other funds as may be pro- vided by law shall be apportioned annually to the various counties of the State in proportion to the number of pupils of school age residing therein.
Sec, 9. The amount of this apportionment shall be- come a part of the county school fund, and the Legisla- ture shall enact such laws as will provide for increasing the county fund sufficiently to maintain all the public schools of the county for a minimum term of six months in every school year. The laws of the State shall enable cities and towns to maintain free schools, industrial schools, and commercial schools.
Sec. 10. The revenue for the maintenance of the respective State educational institutions shall be derived from the investment of the proceeds of the sale, and from the rental of such lands as have been set aside by the Enabling Act approved June 20, 1910, or other legislative enactment of the United States, for the use and benefit of the respective State educational institutions. In ad- dition to such income the Legislature shall make such appropriations, to be met by taxation, as shall insure the proper maintenance of all State Educational institutions, and shall make such special appropriations as shall pro- vide for their development and improvement.
STATE AND SCHOOL LANDS. Article X.
Sec. 1. All lands expressly transferred and con- fr.Tned to the State by the provisions of the Enabling
SCHOOL LAWS OF ARIZONA. 9
Act approved June 20, 1910, including all lands hereto- fore granted to the Territory of Arizona, and all lands otherwise acquired by the State, shall be by the State ac- cepted and held in trust to be disposed of in whole or in part, only in manner as in the said Enabling Act and in this Constitution provided and for the several objects specified in the respective granting and confirmatory pro- visions. The natural products and money proceeds of any of said lands shall be subject to the same trusts as the land producing the same.
Sec. 2. Disposition of any of said lands, or of any money or thing of value directly or indirectly derived therefrom, for any object other than that for which such particular lands (or the lands from which such money or thing of value shall have been derived) were granted or confirmed, or in any manner contrary to the provisions of the said Enabling Act, shall be deemed a breach of trust.
Sec. 3. No mortgage or other incumbrance of the said lands, or any part thereof, shall be valid in favor of any person or for any purpose or under any circum- stances whatsoever. * Said .lands shall not be sold or leased, in whole or in part, except to the highest and best bidder at a public auction to be held at the county seat of any county wherein the lands to be affected, or the major portion thereof, shall lie, notice of which public auction shall first have been duly given by advertisement, which shall set forth the nature, time and place of the transaction to be had, with a full description of the lands to be offered, and be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the State Capital, and in that newspaper of like circulation which shall then be regularly published nearest to the location of such lands so offered ; nor shall any sale or contract for the sale of any timber or other natural product of such lands be
10 SCHOOL LAWS OF ARIZONA.
made, save at the place, in the manner, and after the notice by publication thus provided for sales and leases of the lands themselves. Provided, that nothing herein contained shall prevent the leasing of said lands referred to in this Article, for a term of five years or less, without said advertisement herein required.
Sec. 4. All lands, lease-holds, timber, and other products of lands, before being offered, shall be ap- praised at their true value, and no sale or other dis- posal thereof shall be made for a consideration less than the minimum price hereinafter fixed, nor upon credit unless accompanied by ample security, and the legal title shall not be deemed to have passed until the considera- tion shall have been paid.
Sec. 5. No lands shall be sold for less than three dollars per acre, and no lands which are or shall be sus- ceptible of irrigation undei any projects now or here- after completed or adopted by the United States under legislation for the reclamation of lands, or under any other project for the reclamation of lands, shall be sold at less than twenty-five dollars per acre. Provided, thai the State, at the request of the Secretary of the InterioB shall from time to time relinquish such of its lands to the United States as at any time are needed for irrigation works in connection with any such Government project, and other lands in lieu thereof shall be selected from lands of the character named and in the manner pre- scribed in Section Twenty-four of the said Enabling Act.
Sec. 6. No lands reserved and excepted of the lands granted to this State by the United States, actually or prospective valuable for the development of water powers or power for hydro-electric use or transmission, which shall be ascertained and designated by the Secre- tary of the Interior within five years after the proclama- tion of the President declaring the admission of the State, shall be subject to any disposition whatsoever by
SCHOOL LAWS OF ARIZONA. 1 1
the State, or by any officer of the State and any convey- ance or transfer of such lands made within said five years shall be null and void.
Sec. 7. A separate fund shall be established for each of the several objects for which the said grants are made and confirmed by the said Enabling Act to the State, and whenever any moneys shall be in any manner derived from any of said lands, the same shall be de- posited by the State Treasurer in the fund corresponding to the grant under which the particular land producing such moneys was, by said Enabling Act, conveyed or con- firmed. No moneys shall ever be taken from one fund for deposit in any other, or for any object other than that for which the land producing the same was granted or confirmed. The State Treasurer shall keep all such moneys invested in safe, interest-bearing securities, which securities shall be approved by the Governor and Secre- tary of State, and shall at aft times be under a good and sufficient bond or bonds conditioned for the faithful per- formance of his duties in regard thereto.
Sec. 8. Every sale, lease, conveyance, or contract of or concerning any of the land granted or confirmed, or the use thereof or the natural products thereof made to this State by the said Enabling Act, not made in substan- tial conformity with the provisions thereof, shall be nuli and void.
Sec. 9. All lands expressly transferred and con- firmed to the State, by the provisions of the Enabling Act approved June 20, 1910, including all lands granted to the State, and all lands heretofore granted to the Terri- tory of Arizona, and all lands otherwise acquired by the State, may be sold or leased by the State in the manner, and on the conditions, and with the limitations, pre- scribed by the said Enabling Act and this Constitution, and as may be further prescribed by law. Provided, that the Legislature shall provide for the separate appraise-
12 SCHOOL LAWS OF ARIZONA.
ment of the lands and of the improvements on school and university lands which have been held under lease prior to the adoption of this Constitution, and for reimburse- ment to the actual bona fide resident or lessees of such lands upon which such improvements are situated, as pre- scribed by Title 65, Civil Code of Arizona, 1901, and in such cases only as permit reimbursement to lessees in said Title 65.
Sec. 10. The Legislature shall provide by proper laws for the sale of all State lands or the lease of such lands for terms not longer than five years, and shall further provide by said laws for the protection of the actual bona fide residents and lessees of said lands, whereby such residents and lessees shall be protected in their rights to their improvements, including water rights, in such manner that in case of lease to other parties, the former lessee shall be paid by the succeeding lessee the value of said improvements" and rights, and actual bona fide residents and lessees shall have preference to renewal of their leases at a reassessed rental, fixed as provided by law.
Sec. 11. No individual, corporation, or association shall ever be allowed to purchase or lease more than one hundred and sixty acres of agricultural land, or more than six hundred and forty acres of grazing land.
Article IX.
Sec. 2. Property of educational, charitable, and re- ligious associations or institutions not used or held for profit may be exempted from taxation by law.
Sec. 8. No county, city, town, school district, or other municipal corporation shall for any purpose become in- debted in any manner to an amount exceeding four per cent, of the taxable property in such county, city, town,
SCHOOL LAWS OF ARIZONA. 13
school district, or other municipal corporation, without the assent of a majority of the property taxpayers, who must also in all respects be qualified electors, therein voting at an election provided by law to be held for that purpose, the value of the taxable property therein to be ascertained by the last assessment for State and county purposes, previous to incurring such indebtedness; except, that in incorporated cities and towns assessments shall be taken from the last assessment for city or town purposes. Provided, that any incorporated city or town, with such assent, may be allowed to become indebted to a larger amount, but not exceeding five per centum additional, for supplying such city or town with water, artificial light, or sewers, when the works for supplying such water, light or sewers are or shall be owned and controlled by the municipality.
Sec. 10. No tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian school, or any public service corporation.
LABOR.
Article XVIII.
Sec. 2. No child under the age of fourteen years shall be employed in any gainful occupation at any time during the hours in which public schools of the district in which the child resides are in session ; nor shall any child under sixteen years of age be employed underground in mines, or in any occupation injurious to health or morals or hazardous to life and limb ; nor in any occupation at night, or for more than eight hours in any day.
14 SCHOOL LAWS OF ARIZONA.
REVISED STATUTES OF ARIZONA, 1917, CIVIL CODE
TITLE XL
EDUCATION.
CHAPTER. CHAPTER.
1. State Board of Educa- 16. Retirement of Teachers..
tion. 17. District Libraries.
2. State Board of Exam- 18. State Tax and County
iners. School Tax.
3. Certification of Teachers 19. Text Books.
4. Superintendent of Public 20. Arbor Day.
Instruction. 21. Music and Drawing in
5. County School Superin- Schools.
tendent. 22. United States Flag.
6. Teachers' Institutes. 23 Manual Training, Do_
7. School Districts. mestic Science> and
8. School Elections. Kindergarten.
9. Board of Trustees. ~ . " _ ,
<^ »>-_j_5 x\n -*r T- i 24. Commercial Branches.
10. District Census Marshal.
11. Clerks of School Dis- 25' Education of Deaf,
^r-c^g Dumb and Blind.
12. Schools. 2.6. Blind Children under
13. High Schools. School Age.
14 Pupils. 27. Improvement of School
15 Teachers. Property.
SCHOOL LAWS OF ARIZONA. 15
CHAPTER I. STATE BOARD OF EDUCATION.
Par. 2694. The State Board of Education shall be composed of the following members : The Governor, the Superintendent of Public Instruction, the president of the university, and principals of the State normal schools* as a principal of a high school and a county superintendent of schools, *ex-officio members; and a city superintendent of schools to be appointed by the Governor. The powers and duties of the board shall be as herein prescribed. The members of the board shall serve without pay, but all their necessary expenses incurred in attending the meet- ings of the board, and for printing, shall be paid as herein provided.
Par. 2695. The State Superintendent of Public In- struction shall be a member, and secretary, of the State Board of Education, and ex-officio, a member of any other board having control of public instruction in any State institution.
Par. 2696. The board shall meet at the call of the secretary of the board at the capitol of the State, not less than once in each quarter, and a concurrence of a ma- jority of all the members of the board shall be necessary for the validity of any act by the board. They shall be allowed actual transportation expenses, and in addition thereto, other expenses not to exceed four dollars per day, payable out of the State school fund on the warrant of the State Auditor.
Par. 2697. The powers and duties of the board are as follows:
1. — To keep a record of its proceedings, subject to public inspection.
2. — To adopt and use in the authentication of its acts an official seal.
16 SCHOOL LAWS OF ARIZONA.
3. — To adopt rules and regulations, not inconsistent with the laws of the State, for its own government and for the government of the public schools and school libraries.
4. — To devise plans for the increase and manage- ment of the State school fund.
5. — To prescribe and enforce the use of a uniform series of text-books in the common schools ; provided, no change of said text-books shall be considered or made by the State Board of Education, except at its regular meet- ings, or at some special meeting thereof held for that purpose, and notice of such intention shall be communi- cated by the secretary of said board, in writing, to each county school superintendent at least sixty days prior to the time of holding such meeting; provided, that on the adoption of a uniform series of text-books, such series shall not be changed during the period of five years next succeeding the adoption of such series.
6. — To prescribe and enforce a course of study in the common schools of the State, determine the number of credits necessary for graduation from the high schools, and prescribe the necessary qualifications for admittance to the State Normal Schools and the State University.
7. — The State Board of Education shall have general charge of the education of the deaf, dumb and blind under such regulations as are prescribed by law.
8. — To issue life certificates for teaching, as herein- after provided.
9. — To revoke all certificates or life diplomas for im- moral or unprofessional conduct, or for evident unfitness to teach.
10. — To expend a sum not to exceed two hundred dollars annually for the purpose of maintaining State headquarters at the annual meeting of the National Edu- cational Association.
SCHOOL LAWS OF ARIZONA. 17
CHAPTER II. STATE BOARD OF EXAMINERS.
Par. 2698. The State Board of Examiners shall con- sist of the Superintendent of Public Instruction and two competent persons appointed by him, a majority of whom shall constitute a quorum.
Par. 2699. The superintendent shall be chairman of the board.
Par. 2700. The board must meet at such times and places as the chairman directs, and must hold at least four sessions each year.
Par. 2701. The board has power:
1. — To adopt rules and regulations governing the examination of teachers for State certificates and for the government of county school superintendents in conduct- ing the examination of such applicants for certificates.
2. — To prepare questions for the examination of teachers, and to forward the same to the county school superintendents for use in the quarterly examinations, which questions shall be divided into four lots, each lot to be enclosed in separate envelope, which shall be sealed with wax bearing the imprint of the seal of the State Board of Examiners, and shall be forwarded to the school superintendent of each county. The school superintend- ent of each county in the presence of any two qualified county officials and of the applicants for teachers* cer- tificates, shall open one lot of said questions and dis- tribute same to the applicants at each session of the ex- amination, and there shall be no interruption of said ses- sion until each applicant shall have handed in to the said school superintendent his or her examination paper.
3. — To grant recommendations for life certificates.
18 SCHOOL LAWS OF ARIZONA.
4. — To grant all certificates, except life certificates, as provided in this chapter of this title.
Par. 2702. Every applicant for a first grade State certificate must be examined by written or oral questions in algebra, geography, history and civics, physiology, hygiene, with special reference to thje nature and effects of alcoholic drinks and other narcotics and stimulants upon the human system, orthography, penmanship, com- position, reading, methods of teaching, grammar, arith- metic and the school laws of Arizona. Applicants for a second grade certificate shall not be required to pass an examination in algebra and elementary physics.
Par. 2703. The members of the board of examiners shall each receive a salary of three hundred dollars per annum and actual traveling expenses, necessarily incurred in the performance of their duties, which amount shall be paid quarterly out of the State school fund on warrant of the State Auditor.
CHAPTER III.
CERTIFICATION OF TEACHERS. Par. 2704. Certificates shall be issued as follows :
Second grade certificates, valid for two years, to candidates not less than eighteen years of age who shall pass an examination in the required subjects; such cer- tificates entitle the holder to teach in the common schools of Arizona. Second grade certificates are not renewablt.
Primary certificates, valid for four years, to gradu- ates of schools accredited by the State Board of Educa- tion when such graduates have made special preparation to teach in the primary grades. Such certificates shall entitle the holder to teach in the primary grades only.
First grade State certificates, valid for four years, to candidates no{ less than eighteen years of age who pass
SCHOOL LAWS OF ARIZONA. 19
an examination in the required subjects; these certificates are renewable upon satisfactory evidence of two years successful experience in teaching. First grade certifi- cates may be granted by the board without examination ; (a) To graduates of any State, or other public normal school whose standard is equivalent to that of the State Normal Schools of Arizona, and which are accredited by the State Board of Education, (b) To graduates of uni- versities and chartered colleges of similar rank under such regulations and restrictions as the board may pre- scribe, (c) To holders of life certificates or equivalent credentials issued by other state boards of education or state boards of examiners. Holders of first grade certifi- cates are entitled to teach in any of the public schools of Arizona.
Life certificates. — To holders of first grade certifi- cates who present satisfactory evidence o£ having had fifteen years' successful experience as teachers, ten years of which shall have been in the public schools of Arizona ; and in addition thereto shall pass an examination, to be prescribed by the State Board of Education in psychology, pedagogy and school management.
Special certificates. — To teachers in such special sub- jects as the State Board of Education shall deem advis- able, on credentials or examinations, and such special certificates shall entitle the holder to teach only the sub- ject for which the certificate is granted.
All certificates issued by the State Board of Educa- tion or board of examiners shall be signed by a majority of the members of the board issuing the certificates and shall bear the signature of the State Superintendent of Public Instruction.
CHAPTER IV. SUPERINTENDENT OF PUBLIC INSTRUCTION.
Par. 2705. It is the duty of the Superintendent of Public Instruction:
20 SCHOOL LAWS OF ARIZONA.
1. — To superintend the public schools of this State.
2. — To investigate, whenever he deems it necessary to do so, any accounts of school money kept by any state, county or district officer.
3. — To apportion, subject to the supervision of the State Board of Education, to the several counties, on the second Monday in January and May of each year, the amount of money to which each county may be entitled under the provisions of this title, according to the num- ber of persons between the ages of six and twenty-one years, as shown by the last census list of the several coun- ties, and to furnish such county treasurer and county superintendent with an abstract of such apportionment. He shall also certify such apportionment to the State Auditor, and upon such certificate the auditor shall forth- with draw his warrant on the State Treasurer in favor of the county treasurer of each county for the amount due said county.
4. — To prepare, have printed and furnish, through the county superintendents to teachers and officers charged with the administration of the laws relative to public schools, such blanks and blank forms (including school registers), together or with such instructions and regulations as to their, use as he may deem necessary. To prepare and have printed all blank teachers' certifi- cates for the use of the Board of Education and board of examiners; to have printed and distributed the course of study prescribed by the State Board of Education, and to have printed the questions to be used by the State Board of Examiners and the rules and regulations of the State board governing the same. He shall procure such record books as may be deemed necessary for keeping the rec- ords of his office, the office of the State Board of Educa- tion, State Board of Examiners, and for the offices of county superintendents of the State. He shall also pro- cure such stationery, postage stamps, and other office
SCHOOL LAWS OF ARIZONA. 21
supplies as may be necessary for conducting his office. He shall prepare and publish from time to time pam- phlets and circulars in relation to the observance by the public schools of Arbor Day, Flag Day, Washington's Birthday, and such other school holidays as may be es- tablished by law; also in regard to school sanitation, school architecture and such other subjects as the State Board of Education may direct.
He shall certify to the State Auditor the cost of the printing above specified, and the cost of said record books, stationery, stamps, and other office supplies and expenses, and to whom the same is due ; and said auditor shall draw his warrant on the State Treasurer in favor of the person to whom the same is so certified to be due, and the said treasurer shall pay the said warrant out of any money to the credit of the State school fund, pro- vided, the amounts so certified do not exceed the sum of three thousand dollars annually, exclusive of printing the biennial reports and printing the school laws.
5. — He shall be allowed a sum not to exceed one thousand dollars to defray his actual expenses, itemized accounts of which shall be kept and audited as other accounts, in visiting schools, teachers, institutes, associa- tions> etc., in or outside of the State, which amount shall be payable out of the State school fund on a warrant of the State Auditor.
6. — To make printed report, on or before the first day of October preceding each regular session of the legislature, to the Governor, who shall transmit a copy thereof to the legislature. Said report shall contain a full statement of the condition and amount of all funds and property apportioned for the purpose of education ; the number and grade of schools in each county; the number of children in each county between the ages of six and twenty-one years; the number of such attending
22 SCHOOL LAWS OF ARIZONA.
public schools; the number of children between the acres of eight and sixteen years; the average number of chil- dren that have attended the public schools during the two years previous to July first of that year; the number attending private schools; the number that can read and write; the amount of school money raised by county tax- ation, district taxation, or otherwise; the amount ex- pended for salaries of teachers and for building of school houses; a statement of plans for the management of public schools, and such other information relative to the educational interests of the State as he may deem ex- pedient. He shall certify the cost of printing said report to the State Auditor, who snail draw his warrant on the State Treasurer in favor of the person to whom said amount is due, and the treasurer shall pay said warrant out of any money in the treasury to the credit of the State school fund.
7. — To have the law relating to public schools printed biennially in pamphlet form, and annexed thereto such forms as ne may be unable to supply in the shape of blanks. He shall certify the cost of printing such pamphlet to the State Auditor, who shall draw his war- rant on the State Treasurer in favor of the person to whom said warrant is due, and the treasurer shall pay said warrant out of any money in the treasury to the credit of the State school fund.
8. — To supply school officers and teachers, school libraries and the State library, with one copy of each of tne pamphlets mentioned in the preceding subdivision.
9. — To authenticate with the official seal to the Board of Education all writings and papers issued from this office.
10. — To call annually a meeting of the county school superintendents of the State, at such time and place as he may deem best, for the discussion oi questions relating
SCHOOL LAWS OF ARIZONA. 23
to the public schools. Said meeting shall continue not less than two nor more than three days, at the option of the Superintendent of Public Instruction. Each county superintendent shall be allowed, out of the county school fund, a remuneration for his actual expenses in- curred in attending the meeting.
11. — To have power to appoint when necessary an extra examining force to assist the State Board of Exam- iners in preparing questions for teachers' examinations and grading papers therefor. No assistant thus em- ployed shall receive more than five dollars per day, to be paid out of the State school fund. No assistant shall be remunerated except for the time during which he is actually engaged.
Par. 2706. The office of the Superintendent of Public Instruction shall be i n the Capitol Building of the State, and he shall receive a salary of three thousand dollars per annum, payable monthly out of the State school fund, upon warrants drawn by the State Auditor.
Par. 2707. The State Superintendent of Public In- struction may appoint an- assistant, who shall receive a salary of two thousand dollars per annum, payable monthly out of the State school fund, upon warrant drawn by the State Auditor. He may employ such other assistance as the Board of Education may deem neces- sary.
CHAPTER V. COUNTY SCHOOL SUPERINTENDENT.
Par. 2708. It shall be the duty of the county schoo] superintendent of each county :
1. — To apportion the school moneys to each district of his county, and to notify the county treasurer, in writ- ing, of the amount apportioned to each district, and to
24 SCHOOL LAWS OF ARIZONA.
notify, in writing, the trustees of each school district in his county the amount apportioned to their several dis- tricts.
2. — On the order of the board of school trustees of any district, to draw his warrant on the county treasurer for all necessary expenses against the school fund of any such districts; the warrants must be drawn in the order in which the vouchers therefor are filed in his office. No warrant shall be drawn unless the money is in the proper fund to pay it, nor shall any warrant for any teachers' salary be drawn unless the voucher shall state the monthly salary of the teacher and the name of the school month for which said salary is due. Upon receipt of such voucher the county superintendent shall draw his warrant upon the county treasurer in favor of the parties, and for the amount stated in such voucher. To keep open to the inspection of the public a register of war- rants showing the funds upon which the warrants have been drawn, the number thereof, in whose favor, and for what purpose drawn, and also a receipt from the person to whom the warrant was delivered.
3. — To preside over teachers' institutes held in his county, and to secure the attendance thereat of lecturers competent to instruct in the art of teaching; to enforce the course of study, the use of the adopted text-books, and the rules and regulations for examinations prescribed by the State Board of Examiners.
4. — To conduct examinations of applicants for teachers' certificates in accordance with such rules and regulations as may be prescribed.
5. — To distribute all laws, reports, circulars, instruc- tions and blanks which he may receive for the use of school officers.
6. — To keep in his office the reports of the Superin- tendent of Public Instruction, the reports of the school
• SCHOOL LAWS OF ARIZONA. 25
trustees, census marshals and teachers received by him, to record all official acts in a book provided for that purpose through the office of the Superintendent of Public Instruction, and at the close of his term of office to deliver over to his successor such records and all documents, books and papers belonging to his office. The office of the county school superintendent shall be at the county seat of each of the respective counties; provided, however, that this shall not apply to counties having an assessed valuation of less than five million dollars.
7. — To appoint trustees of school districts to fill all vacancies caused by a failure to elect or otherwise. Such appointees shall hold office for the full period of the vacant term.
8. — To make reports, when directed by the Super- intendent of Public Instruction, showing such matters re- lating to public schools in his county as may be required of him, on the blanks furnished him bythe Superintend- ent of Public lustruction.
,9. — To notify immediately the board of school trus- tees of the several districts in his county, upon the re- ceipt of notice from the State Board of Education, of any meeting to be held by them for the purpose of exam- ining or inquiring into the expediency of a change of text-books, as provided in subdivision 5, of section 4 (Par. 2697) of this Title.
10. — To visit and examine each school in his county at least twice in each year; provided he need not visit such schools as employ a principal or a city superintend- ent of schools unless he deem it necessary. He may deputize some competent person, residing in the vicinity of the school located fifty miles or more from the county seat to visit such school. In addition to the salary al- ready allowed by law, he shall receive his traveling ex-
26 SCHOOL LAWS OF ARIZONA. .
penses.- Such expense account shall be audited and al- lowed by the board of supervisors as other claims are audited and allowed, and shall be paid out of the county school fund
1. — To attend such annual meetings of the county school superintendents as may be called by the Super- intendent of Public Instruction.
Par. 2709. He shall, when there is sufficient money in the fund of any school district to maintain school therein for eight months, if the trustees fail or refuse to have such school kept, appoint a teacher and open and keep open such school, and may draw his warrant upon the fund of such school district for the expense incurred.
Par. 2710. By and with the advice and consent of the board of supervisors, the county school superintend- ent may appoint a deputy whenever it may be necessary to properly perform the duties of his office; and, until otherwise provided by law, the salary of any such deputy shall be fixed by the board of supervisors. In no case shall the salary of such deputies exceed one hundred dollars per month.
Par. 2711. He may, in his discretion, require the trustees of any district to repair the school buildings or property, or to abate a nuisance in or about the premises, if such repairs or abatement can be done for a sum not exceeding one hundred dollars, and there is a sufficient amount of money in the treasury to the credit of the dis- trict. He may also, in all cases require the trustees to provide suitable outhouses; and if the trustees neglect to make such provisions, he may cause it to be done and pay for it on his warrant on the county treasurer, pay- able out of the money to the credit of the district; pro- vided, said warrant shall be countersigned by the chair- man of the board of supervisors.
SCHOOL LAWS OF ARIZONA. 27
Par. 2712. The county superintendent of schools :shall be elected for a period of two years , and shall hold office until his successor shall have qualified.
CHAPTER VI. TEACHERS' INSTITUTES.
Par. 2713. The county superintendent of every county shall hold not more than one teachers' institute in each year; he shall notify each teacher employed in his county of the time and place of holding such institute, and every teacher employed in a public school in his county must attend unless excused by the county superin- tendent.
Par. 2714. The superintendents of two or more counties may unite and hold an institute at a time and place to be fixed by the said superintendents. The ex- pense incurred in holding such joint institute shall be apportioned among the counties so joining, on the basis of the number of teachers employed in each county at the time such joint institute is held.
Par. 2715. All schools of the county shall be closed during the session of the county institute or joint county institute.
Par. 2716. Each session of the institute must con- tinue not less than three days.
Par. 2717. Teachers who attend the county insti- tutes or joint county institute shall receive payment for such attendance from the district in which they are em- ployed for the school year or term, at the rate at which they are employed by the board of trustees. Such pay- ment shall be for the time in actual attendance at the in- stitute, and the time necessarily take in going to and from the institute ; such attendance shall be certified by the county superintendent of schools.
28 SCHOOL LAWS OF ARIZONA.
After paying the expense of the institutes, if a bal- ance remains, it may be used in paying the actual and necessary expenses of the teachers in going to and from his or her school to the institutes ; if there is insufficient money to pay such expenses in full, then said balance shall be pro rated among the teachers according to the said expense.
Par. 2718. The county school superintendent of every county of the State may spend a sum not to exceed five hundred dollars in any one year for the purpose of holding teachers' institute. The county school super- intendent shall keep an accurate account of the expenses of the institute, with vouchers for same, and shall draw his warrants on the county treasurer in payment thereof, in favor of the person or persons to whom the several amounts are due, payable out of the general school fund of the county.
CHAPTER VII. SCHOOL DISTRICTS.
Par. 2719. Each regularly organized school district heretofore formed, or that may be formed, shall be desig- nated as school district No (using the number of
the district), of county, (using the name of
the county in which such district is located), and in that name the trustees may sue and be sued, and hold and convey property for the use and benefit of such district.
Par. 2720. New districts may be formed on a peti- tion, signed by the parents or guardians of at least ten school census children, resident of such proposed new district, and residing at a greater distance than four miles from any district school house, presented to the county school superintendent. Said petition must set forth the boundaries of the new district asked for; provided, how-
SCHOOL LAWS OF ARIZONA. 29
ever, that in districts containing more than two hundred and fifty school census children, as shown by the next preceding school census, upon a petition signed by fifteen per cent, of the parents or guardians of the school census children, residing in the district to be formed, a new district may be formed by the subdivision of the old ones. Said petition must set forth the boundaries of the new district.
Par. 2721. It shall be the duty of every county school superintendent, on the first day of July of each and every year, to file with the board of supervisors a' transcript, showing plainly and accurately the boundaries of each school district within his county, and when said transcript is approved by the board of supervisors, said boundaries, as shown in said transcript, become the legal boundaries; and no school boundaries shall be changed except between April 1 and July 1 ; provided, that the boundaries of no school district may be changed by the county superintendent unless the trustees of the dis- tricts affected shall have had written notice of the pro- posed change and atime and place set where they may be heard.
Par. 2722. When ten or more qualified school electors residing in any district desire that the boundaries of said district be changed they shall present a petition to the county school superintendent, setting forth the changes of boundaries desired, and the reasons for the same. When such petition is filed with the county school superintendent, he shall approve or disapprove same, and transmit same to the board of supervisors, whose action shall be final ; provided, that when a subdivision or a city or incorporated town lies outside of the school district including such city or town, then a majority of the school electors of said subdivision may present a petition to the trustees of the district to which they desire to be annexed, setting forth accurately the boundaries of said proposed
30 SCHOOL LAWS OF ARIZONA.
territory to be annexed. Said petition, if acted upon favorably by the board of trustees, shall be transmitted with their endorsement thereon to the county superin- tendent, who shall make his records of boundaries to conform, and so notify the board of supervisors, and, on and after the first day of July following, said subdivision shall become a part of the city or incorporated town dis- trict.
Par. 2723. Twaor more school districts may be con- solidated into one district ; provided, that fifteen per cent, of the school electors of each of the districts that are proposed to be consolidated present a petition to the county superintendent of schools setting forth the pro- posed consolidation and asking that an election be called in each of the districts as herein provided. If a majority of the votes cast in each district is in favor of consolida- tion, then the districts voting become one district.
When fifteen per cent, of the school electors of two or more school districts petition the county superintend- ent for a consolidation of such school districts, it shall be the duty of the county superintendent within ten days to call an election for the determination of such ques- tion. Public notices of such election, not less than three for each district represented in the petition, shall be posted in as many public places in each of such districts at least ten days before said election. Said election shall be held in the same manner prescribed by law for the elec- tion of trustees, and the same qualifications of electors shall apply as in election of trustees.
The ballots at such election shall be prepared by the county school superintendent and delivered to the clerk of the board of trustees of each district at least two days before the election. The ballots at such elec- tion shall contain the words:
SCHOOL LAWS OF ARIZONA. 31
Consolidation. Yes ( ) Consolidation. No ( )
It shall be the duty of the officers of such election (who shall be appointed by the board of trustees of the districts) to report the result to the county superintendent of schools. On the fifth day after such election the county school superintendent and the chairman of the board of supervisors shall canvass the vote, and if a ma- jority of the votes be cast in favor of consolidation, it shall be the duty of the county school superintendent to call a special election within ten days for the purpose of electing- a board of trustees for such consolidated dis- trict. He shall cause public notices to be posted in the same way and manner as in the regular election of trus- tees; said election to be held in the school house most centrally located.
The candidate receiving the largest number of votes shall serve two years from the first day of April next fol- lowing the one receiving the next highest number of votes shall serve one year from the first Saturday in April following, and the one receiving the next highest will serve until the first Saturday in April next following. Within ten days after such election the county superin- tendent shall call a meeting of the newly elected trustees, who shall organize and receive from the various boards all property, accounts and minutes in their possession. All property, real or otherwise, of the several districts, shall become the property of the newly formed district; all balances or deficits in the funds of the several districts consolidated shall become the balance or deficit of the new district; all bonded indebtedness of the several dis- tricts consolidated shall become the bonded indebtedness of the new district.
Par. 2724. No new district formed by the subdi- vision of an old one is entitled to any share of the public
32 SCHOOL LAWS OF ARIZONA.
moneys belonging to the old one until a school has been actually commenced in such new district.
Par. 2725. Unless within six months after the mak- ing of an order creating a new district, school is opened therein the order shall cease to -have effect.
CHAPTER VIII. SCHOOL ELECTIONS.
Par. 2726. An election shall be held on the last Saturday of March in each year, and at such election there shall be elected one trustee in each school district who shall hold office for the term of three years from the Saturday in April next succeeding his election. At the first election held in a newly formed district three school trustees shall be elected, one for a term of one year, one for a term of two years, and one for a term of three years, from the first Saturday in April next succeeding his elec- tion. The election provided for in this section must be held in the district school house, or if there be none, at a place designated by the board of school trustees.
Par. 2727. The clerk of each school board shall cause written or printed notices to be posted, specifying the day and place of such election and the time during which the ballot box will be kept open. Said notices shall be posted in at least three public places in the dis- trict, one of which shall be at the school house, if there be one, at least fifteen days previous to the time of elec- tion. If the clerk fails to give such notice, then any two elgal voters residing in the district may give similar no- tice of such election at least ten days prior thereto.
Par. 2728. The trustees shall appoint an inspector, two judges and two clerks of election; if none are so ap- pointed, or if those appointed are not present at the time
SCHOOL LAWS OF ARIZONA. 33
of opening the polls, the electors present may select them. In school districts having a school census popula- tion of two hundred or more, officers of election may "be paid three dollars each, out of the funds of the school
district.
Par. 2729. At every polling place in school districts for school elections the polls shall be opened at ten o'clock in the morning on the day of election and shall remain open until the hour of six o'clock in the after- noon of said day of election, at which hour said polls shall be closed. The inspector shall cause proclamation to be made of the opening of the polls ; also proclamation to be made of the closing of the polls one hour before closing, and fifteen minutes before closing; and procla- mation to be made of closing at the moment of closing the polls. The inspector and -two judges shall deter- mine when the hour for opening the polls and hour for closing the polls, respectively, has arrived ; provided, that any person who may be within the polling place at the moment of closing the polls be allowed ten minutes in which to fill out and deposit his ballot, as if the polls were still open.
Par. 2730. Every person, male or female, of the age of twenty-one years or over, who is a citizen of the United States, and who has been a resident of the State of Arizona for one year, and of the district for thirty days immediately preceding the day of the election, and who is the parent or guardian of a minor child residing in the district, or who has paid a state or county tax, ex- clusive of poll, road or school tax, during the preceding year, is eligible to election to the office of trustee, and shall be entitled to vote at any school district election; provided, that every woman offering to vote at such elec- tion (who is otherwise qualified under this section) and whose husband or father is or was a citizen of the United States, shall be treated and considered as a (fttizen of the
34 SCHOOL LAWS OF ARIZONA.
United States for the purpose of voting at such election. And provided further, that every woman whose husband is a taxpayer on community property and who is other- wise qualified to vote under this section, shall be consid- ered a qualified elector for the purpose of voting at such election. Any person offering to vote may be challenged by any legally qualified elector of the district, and the inspector or a judge must thereupon administer the fol- lowing oath to the person challenged : "You do solemnly swear that you are a citizen of the United States, and are now, and have been, a resident of this school district during the thirty days preceding this election; that you are the parent or guardian of a minor child residing in this school district, or that you have paid (or your hus- band has paid) in this county a state or county school tax, and that you have not voted at this election, so help you God." If he or she takes the oath prescribed in this section, his or her vote shall be received, otherwise the vote shall be rejected.
Par. 2731. A poll and tally list prepared and fur- nished by the State Superintendent of Public Instruction, must be kept and returned to the board of trustees.
Par. 2732. The officers of the election must, after counting the votes, make and deliver certificates of elec- tion to the persons elected ; a copy of said certificate, with the oath of office attached, shall be forwarded to the county school superintendent by the clerk of the board of trustees; said trustees are hereby authorized to ad- minister to each other the oath of office.
CHAPTER IX. BOARD OF TRUSTEES.
Par. 2733. The powers and duties of the board of trustees of school districts are as follows:
SCHOOL LAWS OF ARIZONA. 35
1. — It shall be the duty of the trustees, any two of whom shall constitute a quorum for the transaction of business, to meet at such place in the district^as may be most convenient, on the first Saturday of April next fol- lowing the election, to organize by electing one of their number president of the board and one of their number clerk, and notify the county school superintendent of the same.
2. — To prescribe and enforce rules not inconsistent with law or those prescribed by the State Board of Edu- cation for their own government and the government of the schools. They shall segregate pupils of the African race from pupils of the white races, and to that end are empowered to provide all accommodations made neces- sary by such segregation.
3. — To manage and control the school property within their districts.
4. — To purchase such school furniture, apparatus, equipment and supplies as they may deem advisable for the use of the schools.
5. — To rent, furnish, repair and insure the school property of their respective districts.
6. — When directed by a vote of the district, to build school houses, or to purchase or sell school sites.
7. — To make, in the name of the district, convey- ances of all property belonging to the district and sold by them.
8. — To employ, under written contract, all employees of the schools. Boards of trustees may, at any time after the annual school election and qualification of the new members of the school board, enter into contracts with teachers, principals, janitors, attendance officers, school physician and such other employees as are neces-
36 SCHOOL LAWS OF ARIZONA.
sary for the succeeding year, and fix their salaries. No relative of any trustee shall be employed in the district where he is. a trustee except by the unanimous consent of the board of trustees. The term "relative" as used in this section shall be taken to include the husband or wife of a trustee, a relative by affinity or a relative by consanguinity within the second degree ; provided, how- ever, that boards of trustees shall not employ any teacher in any school supported by public funds or any part thereof until such teacher has receved a certificate of qualificaton therefor, granted by the State Board of Ex- aminers.
Boards of trustees of districts having an average daily attendance of five hundred or more may employ a city superintendent of schools or principals, or boards of trustees of two or more contiguous districts having an average daily attendance of five hundred or more may jointly employ a principal. The salary of such principal when employed by more than one district, shall be pro rated among the districts employing him in accordance with the number of children of school age, as shown by the last school census, in the district. Such principal must hold a first grade state or life certificate. Boards of trustees may, whenever they deem it advisable, employ city superintendents of schools and principals for any term. not exceeding two years.
Under such conditions as are provided for by the law, boards of trustees may employ such special teachers in drawing, music, domestic science, manual training, kindergarten, commercial work, agriculture and other special subjects as they shall deem advisable.
9. — To expel pupils for misconduct and to exclude from the primary grades children under six years of age.
10. — To enforce in schools the course of study and the use of text-books prescribed and adopted by the State Board of Education.
SCHOOL LAWS OF ARIZONA. 37
11. — To appoint district librarians and enforce the rules prescribed for the government of school libraries.
12. — To exclude from schools and school libraries all books, publications or papers of a sectarian, partisan or denominational character.
13. — The board of trustees of any school district may admit pupils from any other district upon the written permit from the board of trustees of such other district; provided, however, that if the board admits a pupil from any other district without such written permit the at- tendance of such pupil shall be credited to the district in which such pupil resides.
14. — On the first day of February in each year to appoint a school census marshal and notify the county school superintendent thereof.
15. — To make an annual report on or before the first day of July to the county school superintendent, in the manner and form, and on the blanks prescribed by the superintendent of public instruction or county school superintendent.
16. — To make a report whenever required, directly to the Superintendent of Public Instruction, or to the county school superintendent.
17. — To visit every school in the district, and ex- amine carefully into its management, condition and needs.
18. — Boards of trustees may call meetings of the qualified school electors of the district for consultation in regard to any litigation in which the district may be engaged or likely to become engaged, or in regard to any other affairs of the district not otherwise provided for, or upon a petition of fifteen per cent, of the qualified electors of their district, as shown by the last annual school election, they must call such meeting.
38 SCHOOL LAWS OF ARIZONA.
Par. 2734. Such meetings shall be called by post- ing notice in three public places in the district, including the door of the school building, if there be one, for not less than ten days previous to the time for which the meeting shall be called, which notice shall specify the purpose for which said meeting is called, and no other business shall be transacted at said meeting. A district meeting shall be called to order and presided over by the president of the board of trustees, or, in case of his absence, by an elector chosen by the electors present, and the clerk of the board of trustees shall be clerk of the meeting, and enter the minutes thereof in the records of the district. At such meetings all voting shall be by ballot, and any^person attempting to vote upon any question arising before said meeting may be challenged in the same manner and with like force and effect as pre- scribed in section 37 (Par. 2730) of this title.
Par. 2735. A meeting thus called shall be compe- tent to instruct the board of trustees in regard to prose- cuting, settling or compromising any litigation in which the district may be engaged or likely to become en- gaged. But in all other matters the district meeting shall exercise advisory jurisdiction only.
Par. 2736. The board of trustees of any school dis- trict may, whenever in their judgment it is advisable, and must, upon petition of fifteen per cent, of the school electors, as shown by the poll list at the last preceding annual school election, residing in the district, call an election for the following purposes:
1. — In regard to locating or changing the location of school houses.
2. — In regard to the purchase or sale of school sites or school houses.
3. — TO decide whether or not children living at a greater distance than one mile from the school to which
SCHOOL LAWS OF ARIZONA. , 39
they have been assigned shall be transported to and from school at the expense of the district. If a majority of the electors voting at such an election vote that such children shall be transported, then the trustees shall estimate the expense of such transportation and certify same to the county school superintendent on or before the first day of July of each year.
The county school superintendent shall include such estimate in his estimate to the board of supervisors, which board of supervisors shall levy such a tax rate upon the taxable property of said district as will produce the amount asked for, which shall be collected in the same way and manner by the county tax collector as other taxes are collected, and when collected shall be placed to the credit of the school district from which same was collected, and used by it for the purpose specified.
4. — To decide whether the bonds of the district shall be issued and sold for the purpose of raising money for purchasing or leasing school lots, for building school houses, and supplying the same with furniture and ap- paratus, and improving grounds, or for the purpose of liquidating any indebtedness already incurred for such purposes.
When the election is called for the purpose of de- ciding in regard to locating or relocating school build- ings, or in regard to the purchases or sale of school sites or school buildings, the election shall be called and conducted under the same conditions as apply in the regular annual school election, except as to the time of holding the election, and the notices shall state spe- cifically the information necessary for voting intelli- gently on the question. The board of trutees shall be governed by the vote of the majority on all questions sub- mitted to the electors at such election.
When the election is called for the purpose of de- termining whether the bonds of the district shall be issued
40 SCHOOL LAWS OF ARIZONA.
and sold for the purposes enumerated in the call for the election, the question shall be submitted to the bona fide taxpayers of the district, and only such persons may vote at such election as have paid in their own name a county or state tax upon property situated within such district, other than poll, road or school tax, during the preceding year, and who are in all other respects qualified electors for the purpose of voting at regular school elections.
Par. 2737. An election for the purpose of determin- ing whether the bonds of the districts shall be issued must be called by posting notices signed by the board in three public places in the district, for not less than twenty days before the election , and if there is a newspaper pub- lished in the county, by publishing such notice not less than once a week for three successive weeks.
Par. 2738. Such notice shall contain:
1. — The purpose and place of holding such election.
2. — The names of three judges to conduct the same.
3* — The hours during the day (not less than six hours) when the polls will be open.
4. — The amount and denomination of the bonds the rate of interest, and the number of years, not exceed- ing twenty, the whole or any part of said bonds are to run.
Par. 2739. The words appearing upon the ballots shall be: "Bonds, yes," and "Bonds, no."
Par. 2740. On the seventh day after said election, at 1 :00 o'clock P. M., the returns having been made to the board of trustees, the board must meet and canvass said returns; if it appear that a majority of the votes cast at said election were in favor of issuing such bonds, then the board shall cause an entry of that fact to be made upon its minutes and shall certify to the board of supervisors of the county all the proceedings had in the
SCHOOL LAWS OF ARIZONA. 41
premises, and thereupon said board of supervisors shall be and they are hereby authorized and directed to issue the bonds of such district, to the number and amount provided in such proceedings, payable out of the build- ing fund of such district, naming the same, and the money shall be raised by taxation upon the taxable prop- erty in said district for the redemption of said bonds and the payment of the interest thereon; provided, that no school district shall issue bonds for the purposes herein specified to an amount in the aggregate, including the existing indebtedness exceeding six per cent, on the value of the taxable property within such school dis- trict, to be ascertained by the last assessment of state and county taxes previous to the issuing of such bonds.
Par. 2741. The board of supervisors, by an order entered upon its minutes, shall prescribe the form of said bonds, and of the interest coupons attached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than twenty years from the date thereof.
Par. 2742. Said bonds may not bear a greater rate of interest than six per centum, said interest to be pay- able semi-annually, and said bonds must be sold in the manner prescribed by the board of supervisors, but not for less than par, and the proceeds of the sale thereof must be deposited in the cuonty treasury, to the credit of the building fund of said school district, and be drawn out for the purpose aforesaid, as other school moneys are drawn.
Par. 2743. It shall be the duty of the board of supervisors of the several counties of this state, by and with the consent of the board of trustees of all school districts which have heretofore or which may hereafter issue school district bonds, to invest or deposit in banks in this state as savings accounts or otherwise, any or all
42 SCHOOL LAWS OF ARIZONA.
moneys belonging to or credited to such school district as a sinking fund. The investment or deposit of such funds to be done and made by competitive bids therefor, after due ntoice, or in such other public manner as in the judgment of the said officers may be deemed to be the best interests of such school district.
In making investments of such sinking funds, the said officers, may purchase only interest bearing United States, State, county, school district or municipal bonds.
In making deposits of such sinking funds, the said officers may select for that purpose any reputable national, state bank, savings bank or trust company in this state, and to obtain the highest rate of interest ob- tainable, not less, however, than four per cent, per an- num and shall take from such institution or institutions as security for such deposit negotiable interest bearing United States, State, county, school district or municipal bonds, or surety company bonds, in an amount not less than the amount of such deposit; provided, that no such deposit shall be made for a longer period than one year; nothing herein, however, shall prevent the said officers from making another deposit of the same funds in the same institution at the expiration of any term of deposit.
Par. 2744. All moneys due as interest upon invest- ments or deposits shall be paid to the county treasurer of the proper county, and any and all mortgages and securities taken for investments and deposits shall be in the name of the county in which any such school dis- trict is located, as principal, and shall be delivered to the county treasurer for safe keeping.
Par. 2745. It shall be the duty of the county treas- urer of the several counties in this state in whose keep- ing any sinking funds for any school district may be intrusted to provide and keep in a book or books pre- pared for that purpose a separate account of all school
SCHOOL LAWS OF ARIZONA. 43
district sinking funds, showing the particular school dis- trict to which such fund is credited or belongs ; and on the first Monday in each month he shall credit in the said book the amount of money •collected during the pre- ceding month to which such school district is entitled; to receive and credit in said book any and all interest or income earned by the said sinking fund, and to keep a true and correct account of all investments or deposits of such sinking funds, showing the names of the bank or banks, savings banks or trust companies where any such sinking funds or any portion thereof, may be invested or deposited, showing the length of time, rate of interest and kind and character of any and all securities taken therefor, and such other information as may be necessary to keep a complete record or account of all such invest- ments or deposits.
Par. 2746. Whenever any bonds issued by any school district shall have been sold and the proceeds thereof are not required to be used for a period of three months or more, the board of supervisors shall, with the consent of the board of trustees of such school district, cause the moneys not required for use within such period of three months to be deposited in some bank or bank- ing institution, and to obtain the highest rate of interest obtainable, not less than four per cent, per annum. All the provisions of the three preceding sections shall apply to the deposits made under the provisions of this section.
Par. 2747. The board of supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such district, for the interest and redemption of said bonds, and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annu- ally, for the first half of the term said bonds have to
44 SCHOOL LAWS OF ARIZONA.
run a sufficient sum to pay the interest thereon, and during the balance of the term high enough to pay such annual interest and to pay, annually, a portion of the principal of said bonds ejjual to a sum produced by tak- ing the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and all moneys so levied, when collected, shall be paid into the county treasury to the credit of the building fund of such district, and must be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and interest on said bonds shall be paid by the county treasurer out of the fund provided therefor; and it shall be the duty of the county treasurer to cancel all bonds and coupons as rapidly as they are paid.
Par. 2748. If the board of supervisors of any county which has issued bonds under the provisions of this title shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner thereof may file the bonds, together with all unpaid coupons, with the State Auditor, taking his receipt therefor, and the same shall be registered in the State Auditor's office, and the State Board of Equalization shall at their next session, and at each annual equalization thereafter, add to the state tax to belevied in said district a sufficient rate to realize the amount of principal or interest past due prior to the next levy, and the same shall be levied and collected as a part of the state tax, and paid into the state treasury, and passed to the special credit of such district bond tax, and shall be paid by warrants as the payments mature, to the holder of such registered ob- ligations as shown by the register in the office of the State Auditor until the same shall be fully satisfied and discharged, any balance then remaining being passed to the general account and credit of said district.
SCHOOL LAWS OF ARIZONA. 45
. Par. 2749. Whenever any bond issue under the pro- visions of this title shall remain unsold for the period of six months after having been offered for sale in the man- ner prescribed by the board of supervisors, the board of trustees of the school district, for or on account of which such bonds were issued, or of any school district com- posed wholly or partly of territory which at the time of holding the election mentioned in section 43 (Par. 2736) , was embraced within the district for or on account of which such bonds were issued, may petition the board of supervisors to cause such unsold bonds to be with- drawn from market and cancelled. Upon receiving such petition, signed by a majority of the members of said board of trustees, the supervisors shall fix a time for hearing the same, which shall not be more than thirty days thereafter, and shall cause a notice stating the time and place of hearing, and the object of the petition in general terms to be published for ten days prior to the day of hearing in some newspaper published in said school district, if there is one, and if there is no newspaper published in .said school district, then in a newspa- per published at the county seat of the county in which such school or some part thereof is situated. At the time and place designated in the notice of hearing said petition, or at any subsequent time to which said hearing may be postponed, the supervis- ors shall hear any reason that may be submitted for or against the granting of the petition, and if they shall deem it for the best interests of the school dis- trict named in the petition that such unsold bonds be cancelled, they shall make and enter an order in the minutes of their proceedings that said unsold bonds are cancelled, and thereupon said bonds and the vote by which they were authorized to be issued shall cease to be of any validity whatever.
Par. 2750. Boards of trustees must maintain all the schools established by them for a period of not less
46 SCHOOL LAWS OF ARIZONA.
than eight months during each school year, and if. the funds of the district are sufficient, they shall maintain them for a longer period, and as far as practicable with equal rights and privileges; provided, that the board of trustees of any district may make such segregation of groups of pupils as they may deem advisable, and, pro- vided further, that the boards of trustees may maintain at the expense of the district such special schools dur- ing the vacation as may be deemed necessary for the benefit of the pupils of the district.
Par. 2751. Boards of trustees must use the school moneys received during the school year from the state and county apportionment exclusively for the payment of salaries of teachers and other employees of the dis- trict and contingent expenses for the school year. If a balance remain in the school fund of a district after the expense of maintaining school for a period of eight months during the school year shall have been actually paid, such balance may be used in paying debts of the district incurred during the previous year for teachers' salaries and contingent expenses, or it may be expended for repairing the school house or for improving the school ground, or in the purchase of school furniture, fixtures, equipment and supplies, but no part of said money may be used in paying interest or principal of the bonded debts of the district, or in the purchase of lands for school purposes.
Provided, that funds received from sources other than state, county or school district levies, may be used in building schools or in purchasing lands for schools.
Par. 2752. If any board of trustees fail to appoint a census marshal at the proper time, and through such failure the district is omitted in the apportionment of school moneys, then in such case the trustees are hereby made, jointly and severally, personally liable to the dis-
SCHOOL LAWS OF ARIZONA. 47
trict for the full amount which the district would have received but for such failure.
Par. 2753. Boards of trustees are liable as such, in the name of the district, for any judgment against the district, for salary due any teacher on contract, and for all debts contracted under the provisions of this title, and they shall pay such judgments or liabilities out of the school moneys to the credit of such district.
CHAPTER X.
> DISTRICT CENSUS MARSHALS.
Par. 2754. It shall be the duty of the census mar- shal, during the month of February of each year, to take the census of all children between six and twenty-one years of age in his district.
Par. 2755. He shall report the result of his labors to the county school superintendent on or before the first day of April of the year in which the census is taken.
Par. 2756. His report must be made under oath, upon the blanks furnished by the Superintendent of Pub- lic Instruction, and must show :
1. — The number, age, sex, color and nationality of the children listed, Indians excepted, provided that In- dians not living on reservations shall be enumerated.
2. — The names of parents and guardians of said children.
3. — The number of children between the ages of six and twenty-one. v
4. — The number of children between the ages of eight and sixteen.
5. — The number attending public schools.
48 SCHOOL LAWS OF ARIZONA.
6. — The number attending private schools. 7. — The number not attending school.
8. — Such other facts as the Superintendent of Pub- lic Instruction may designate.
9. — He must include in his report all children that are absent, attending institutions of learning, but whose parents or guardians are residents of the district.
10. — He must not include in his report children who are attending school in the district, but whose parents do not reside therein.
Par. 2757. He shall visit each habitation, home, residence, domicile or place of abode in his district, and by actual observation and interrogation enumerate the census children of the same.
Par. 2758. Whenever a district is formed lying partly in two adjoining counties, the census marshal must report to each county school superintendent the number of children in each county within the district.
Par. 2759. Where any chartered municipal corpor- ation lies within a school district and comprises a por- tion only of the territory and inhabitants contained in said district, if such municipal corporation be desirous of securing a complete census of all the inhabitants living within its corporate limits, the mayor and common coun- cil of such municipal corporation may serve written notice to such effect upon the trustees of such school district and the census marshall at least one week pre- vious to the taking of the school census in the said dis- trict, and thereupon it shall be the duty of the census marshal to include in the school census the number, names, age, sex, color and nationality of all the inhabi- tants residing within the corporate limits of said munici- pal corporation; provided, however, that the added ex-
SCHOOL LAWS OF ARIZONA. 49
pense incident thereto shall be first provided by the municipal corporation requesting such complete census.
Par. 2760. Whenever a census of the entire inhab- itants of a municipal corporation is taken in conformity with the preceding section it shall be the duty of the cen- sus marshal to report the result of his labors to the mayor and common council under whose request said census was taken, within thirty days from the completion of such census.
Par. 2761. The census marshal shall have power to administer oaths to parents and guardians.
2762. If at any time the county school superin- tendent has reason to believe that a correct report has not been returned, he may appoint a census marshal, have the census taken ,and the compensation for the same shall be paid out of the school fund of that district, on a warrant on the county treasurer, countersigned by the chairman of the board of supervisors.
Par. 2763. The compensation of the census marshal shall be as determined by the board of school trustees, and shall not exceed fifteen cents per capita for the names of the pupils of school age residing in the dis- trict, provided that the minimum amount paid for such service in any school district shall not be less than five dollars. The compensation of census marshals must be audited and paid as other claims allowed by the trus- tees of the district are audited and paid. If the census marshal neglect or refuse to make his report at the time and in. the manner herein required, he shall be deemed guilty of a misdemeanor, and on conviction, be pun- ished by a fine not exceeding one hundred dollars or im- prisonment for not more than three months.
50 SCHOOL LAWS OF ARIZONA.
CHAPTER XL
CLERKS OF SCHOOL DISTRICTS. Par. 2764. It is the duty of the clerk :
1. — To act as clerk of the board and keep a record of its proceedings without compensation.
2. — To keep an itemized account of the receipts and expenditures of school moneys.
3. — To keep his records and accounts open to the inspection of the electors of the district.
4. — To discharge such other duties as may be pre- scribed by the board. In school districts having an aver- age attendance of five hundred or more pupils, the board, by unanimous vote, may allow him reasonable compen- sation for his work, which shall not be in excess of one hundred dollars per annum.
5. — In school districts comprising districts having a school population of one thousand or over, as shown by the last school census, the board of trustees may employ a competent person to act as secretary of the board, and to perform such other -clerical duties in connection with the schools as may be required. The salary of such employee shall be as determined by the board of trus- tees, and shall not exceed nine hundred dollars per an- num, and must be audited and paid as other claims against the district are audited and paid.
Par. 2765. The clerk of each district must,, under the direction of the board of trustees, provide all school supplies, and keep the school house and premises in repair, as it may be deemed necessary. No order on any county school superintendent for any teacher's salary, or other expense, shall be valid unless signed by at least two members of the board of trustees.
SCHOOL LAWS OF ARIZONA. 51
CHAPTER XII. SCHOOLS.
Par. 2766. The school year shall begin on the first day of July and end on the last day of June.
Par. 2767. A school month is considered and taken to be twenty school days, or four weeks of five days each; provided, that when any of the following days: the fourth day of July, the twenty-fifth day of December, the annual Thanksgiving Day, occurs within the school week ; the schools shall be closed and the pay of the teachers shall not be diminished on that account.
Boards of trustees may, in their discretion, declare a recess during the Christmas holiday season, not to exceed two school weeks; provided, that the teachers shall receive their regular pay.
Par. 2768. Every school, unless otherwise provided by law, must be open for the admission of children be- tween six and -twenty-one years of age, residing in the district. The board of trustees have power to admit adults and children not residing in the district but within the state, upon such terms as the trustees may pre- scribe. They may also admit the children of non-resi- dents of the state, upon payment of a reasonable tuition fee, to be fixed by the board of trustees. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infec- tious diseases.
Par. 2769. All schools must be taught in the Eng- lish language.
CHAPTER XIII.
HIGH SCHOOLS.
Par. 2770. Any school district having an average daily attendance of two hundred (200) or more pupils,
52 SCHOOL LAWS OF ARIZONA.
or having an assessed valuation of one million five hun- dred thousand ($1,500,000) dollars, or more, may by a majority vote of the qualified school electors thereof, establish and maintain a high school; or two or more adjoining school districts having a joint average daily attendance of two hundred (200) or more pupils; or having a joint assessed valuation of one million five hun- dred thousand ($1,500,000) dollars, or more, may unite and form a union high school district for the purpose of establishing and maintaining a high school therein at the expense of such high school district or union high school district; provided, that no such high school dis- trict shall be formed or territory already embodied in any high school district, unless the remaining territory of the original district shall be contiguous and shall have an assessed valuation of three million ($3,000,000) dol- lars, or more; provided further, that when a new dis- trict shall be formed under the terms of this Act from territory already included in a union high school dis- trict, such territory shall no longer be included in such original high school district; and, provided further, that the State Board of Education shall have power to estab- lish a high school district in any district not meeting the requirements of this Act should a majority of the electors residing in such district petition said Board for the establishment of such district.
Par. 2771. When a majority of the board of trus- tees of a district or a majority of the trustees of each of two or more adjoining districts, shall unite in a petition to the county school superintendent accompanied by a petition for the establishment of such high school, signed by not less than one hundred resident school electors of such district, or districts ; or when fifteen per cent, of the resident property taxpayers of two or more adjoining districts shall unite in a petition for the establishment of such high school, it shall be the duty of the county school-
SCHOOL LAWS OF ARIZONA. 53
superintendent to call an election within twenty days thereafter for the determination of such question. Public notices of such election, not less than five days in such single district, and not less than three days in each dis- trict composing the proposed union district shall be posted, one of which shall be upon the door of the school house in each district, at least ten days before said elec- tion. Said election shall be conducted as nearly as prac- ticable in the manner prescribed by law for conducting annual school elections of trustees.
Par. 2772. The ballots in such elections shall con- tain the words, "For High School," and the voter shall write or print thereafter on the ballot the word "yes," or the word "no." It shall be the duty of the officers of such elections to report the result to the county super- intendent of schools.
Par. 2773. If a majority of such votes cast are in favor of a high school, it shall be the duty of the county superintendent of schools to call an election of the qual- ified school electors in such single district, or of the school districts uniting, within fifteen days, for the pur- pose of locating the said high school. He shall cause public notices to be posted in each district as afore- said, and said election shall be conducted in the manner prescribed for the election of trustees.
Par. 2774. In any single district, or union high school district that has determined to establish such high schools, an annual tax shall be levied by the author- ities whose duty it is to levy taxes in counties, the amount of said tax being estimated by the high school board of education of said district, and by them certified to the county school superintendent on or before the first day of July of each year. And it shall be the duty of the proper authorities to levy such rate upon the property of the said single district, or union high school
54 SCHOOL LAWS OF ARIZONA.
district, as will produce the amount estimated to be necessary for such purposes.
Par. 2775. The high school shall be in charge of a board of education, who shall consist:
1. — In any single high school district, of the three school trustees in such district.
2. — In any union high school district, of five mem- bers, three of whom shall be residents of the school dis- trict in which the high school is situated. The other two members shall be residents of the remaining terri- tory of the union district. All members of the board of education shall be qualified school electors of the union high school district, and shall be elected on the last Saturday of March in each year in the manner that school trustees are elected.
Par. 2776. The officers of the election must, after counting the votes, make and deliver certificates of election to the persons elected ; a copy of said certificate, with oath of office attached, shall be forwarded to the county school superintendent by the clerk of the board of education; provided, however, that no trustee of any school district composing the union district shall be elected a member of the high school board. The term of office of a member of the high school board of education in any union high school district shall be five years, ex- cept as hereinafter provided.
Upon the formation of any union high school dis- trict the members of the board of education of such high school district shall be appointed by the county superin- tendent of schools and shall hold office until the first Saturday in April next ensuing. At the first election that occurs after the formation of such union high school dis- trict one member of said high school board shall be elected for a term of one year; one for a term of two
SCHOOL LAWS OF ARIZONA. 55
years, one for a term of three years, one for a term of four years, and one for a term of five years. Every year thereafter there shall be elected one member to fill the office made vacant by the term of office which has ex- pired; provided, that nothing contained herein shall affect the present term of office of any member of a union high school board heretofore elected.
Par. 2777. Said board shall meet and organize, at the same time and in the same manner as provided for organizing boards of trustees, except that the clerk of a board of education of a high school may or may not be a member of said board, and notify the county school superintendent of the organization. For the manage- ment of high schools, the board shall have all the powers and duties that are now, or may hereafter be vested in school trustees.
Par. 2778. The course of study of such high schools shall be prescribed by the high school board of educa- tion, subject to approval by the State Board of Education.
Par. 2779. All pupils shall be promted from the eighth grade of the common schools on certificate of pro- motion, signed by the teacher or principal or city super- intendent of the eighth grade, and the county superin- tendent of schools. Such certificates of promotion shall be granted in the manner and on such quali- fications as shall be prescribed by the State Board of Education. Such certificates shall admit the holders thereof to admittance to any high school in the state. The principal of the high school shall exercise supervision over the work of the eighth grade of all schools situated in the union high school district, except such schools as employ a superin- tendent or principal. Non-residents, otherwise quali- fied, may. be admitted on the same conditions as residents upon paying a reasonable fee to be fixed by the board
56 SCHOOL LAWS OF ARIZONA.
in charge of the high school. The residence of the father during his life, and after his death the residence of the mother while she remains unmarried, shall be the residence of the unmarried child. There can be but one residence.
Par. 2780. High school district, and union high school districts may vote bonds for the same purpose and in the same manner as common school districts.
Par. 2781. In any county wherein no high school has been established, the board of supervisors of such county, when in their judgment it appears necessary, may, or upon petition signed by fifteen per cent, of the registered electors of such county, shall call an election for such county to determine whether or not a county union high school shall be established for such county, and for the location of such high school. Said election shall be conducted as nearly as practicable in the man- ner prescribed by law for conducting annual school elections of trustees.
Par. 2782. The ballots in such election shall con- tain the words "for county union high school," and be-' neath said words, the words "location of county union high school," and the voters shall write after the words "for county union high school" the word "yes" or the word "no," and the voters shall write after the words "location of county union high school" the name of the desired place of location. It shall be the duty of the officers of such election to report the result to the county superintendent of schools.
Par. 2783. If a majority of the votes cast in such election are in favor of a high school, it shall be the duty of the county superintendent of schools to call an elec- tion, within fifteen days, of the qualified school electors of said county for the purpose of electing the. board of education for said high school. The county superin-
SCHOOL LAWS OF ARIZONA. 57
tendent of schools shall also, declare the name of the place receiving the greatest number of votes as the place of location of such county union high school.
The said board of education shall be as provided in subdivision 2 of Sec. 79, Capter 77, of the Laws of the Regular Session of the First Legislature of the State of Arizona, 1912 (Paragraph 2775), for union high school districts, and shall be elected in the same manner and for the same terms.
Par. 2784. Such high school district, when estab- lished,- shall be known as the county union high school district, and shall be composed of all the school districts within the county; provided, that whenever thereafter a school district shall establish a high school or a num- ber of districts establish a union high school, then such district or districts shall no longer be included in said county union high school district, and the said county union high school district shall be composed of all the remaining school districts in the county; provided, fur- ther, that the school district wherein said county union high school is located shall not establish any other high school district, or join in establishing any other union high school district, so long as said county union high school shall be maintained within said school district.
Par. 2785. County union high schools, as herein provided for, shall be maintained and governed in the same manner and under the same provisions of law as other union high schools.
Par. 2786. The board of supervisors, whenever in their judgment it appears necessary, may, or upon peti- tion of fifteen per centum of the qualified school electors of the county union high school district shall call an elec- tion of the qualified school electors of the county union high school district to determine whether or not the county union high school shall be discontinued. Said
58 SCHOOL LAWS OF ARIZONA.
election shall be called, carried out, and the result deter- mined in the same manner as elections called for the es- tablishing of such county union high school district, ex- cept that only such districts shall participate in such election as remain a part of such county union high school district.
Par. 2787. Whenever it has been decided, as here- inbefore provided, that such county union high school shall be dsicontinued the board of supervisors shall sell the property of such county union high school district ta the best advantage, and after paying the debts of said county union high school district, if a balance remains, said balance shall be distributed pro rata according to the average attendance to all remaining high school districts within the county.
Par. 2788. Nothing in this Act shall be considered or taken to repeal or modify any law now extant re- lating to high schools, but shall be considered and taken to be cumulative and an addition to such laws.
Par. 2789. Any school district, high school district or union high school district, which has been recognized by the board of supervisors and county superintendent of schools, of the respective county in which organized as duly and legally organized school district, high school district, or union high school district, as the case may be, for at least one year immediately preceding the passage of this act is hereby declared to be legally organized, and qualified to conduct all business and perform all acts mentioned and permitted to be done and performed by any such district by the general law or otherwise ; and all acts and things done or permitted to be done as afore- said, by any such school district; high school district, or union high school district, whether such district has been legally organized or not, are hereby confirmed, ap- proved and validated; and any such district which shall
SCHOOL LAWS OF ARIZONA. 59
hereafter act as a^ legally organized school district, high school district, o*r union high school district for the period of two years shall be deemed in law to have been duly and legally organized according to the provisions of law. The boundaries of any such districts are hereby declared to be the boundaries claimed and fixed by such district or districts at the time of the passage of this act; provided, that such boundaries may from time to time he changed and altered in the manner now or hereafter to be prescribed by law; and provided that if any such district of districts claim territory in conflict with any such district or districts anyone or all of such districts, may petition the board of supervisors of the county in which such district or districts are located that said board by its proper action fix and determine the boun- daries of each of such districts. Such petition or peti- tions shall state the name of the district or districts affected, the names of the officers of such district or dis- tricts and the boundaries claimed by each, and shall be signed by the clerk of such district. Upon the filing of such petition the board of supervisors shall appoint a day for hearing, and shall give written notice to the clerk or clerks or such district or districts of the date fixed for hearing such petition or petitions, which shall he not less than twenty and not more than sixty days from the date of the filing of such petition or petitions. On the day of hearing tHe board of supervisors shall re- ceive and consider the representations and claims of the district or districts affected, and shall thereupon fix, and determine the boundaries of such district or districts.
Par. 2790. All bonds and other evidences of in- debtedness heretofore authorized to be issued by the board of supervisors of any county for any school dis- trict, high school district, or union high school district, within such county, are hereby declared to be valid and legal for the purposes for which they were authorized
60 SCHOOL LAWS OF ARIZONA.
to be issued, and all bonds and other evidences of in- debtedness, heretofore issued under the authority of the board of supervisors for any county for any such school district, high school district, or union high school dis- trict are hereby confirmed, approved and validated ; and the approval and authorization, heretofore given, of the board of supervisors of any county in which such dis- trict is situated, shall in any action or proceeding insti- tuted in any court, be taken to be conclusive evidence of the legality of such bonds or evidences of indebtedness, and all acts and things done in the premises in relation thereto in the matter of the creation, authorization, issu- ance or sale of said bonds are evidences of indebtedness, or otherwise.
Par. 2791. Any high school having satisfactory rooms and equipment and having shown itself fitted by location and otherwise to give elementary training in agriculture, mining, manual training, domestic science, or other vocational pursuits, shall upon application made by its board of trustees to the State Board of Education, be designated to maintain such department to consist of courses in agriculture, mining, manual training, do- mestic science, or other vocational pursuits.
Par. 2792. Each of such high schools shall employ trained instructors whose qualifications shall be fixed by the State Board of Education. Eachjschool shall provide suitable class rooms and laboratory facilities for such in- structions according to regulations established by the State Board of Education, and may provide a tract of land, together with buildings, machinery, tools, equip- ment, and appliances, suitable for field work in agri- culture.
Par. 2793. Instruction in such departments of each high school shall be free to all residents of the high school district. Any high school complying with the pro- visions of this Act may charge non-resident pupils, at-
SCHOOL LAWS OF ARIZONA. 61
tending and receiving instruction in such departments, tuition to be fixed by the board of trustees of such high school, not to exceed, however, three dollars per month for each pupil. In case the non-resident pupils coming from other school districts within the State of Arizona, said tuition so fixed shall be a legal charge against the school district in which said non-resident pupil resides and shall be paid by said school district out of the funds of such district upon presentation to the clerk of such district of a statement signed by the clerk, superintend- ent or principal of the high school district furnishing such instruction, stating the grade or grades in which any such non-resident pupil was enrolled, the number of months enrolled, and the name of such pupil and the amount of tuition, which statement shall be verified by such clerk, superintendent, or principal, and thereupon an order shall be drawn by said district in which said non- resident pupil resides, in favor of the high school district furnishing such instruction, for the amount of such tuition.
Instruction in such departments shall be of a prac- tical character and when necessary to accommodate a reasonable number of pupils attending only in winter months, special classes may be formed for them.
Par. 2794. A sum of money sufficient to carry out the provisions of this Act is hereby annually appropriated out of the general fund of the state ; provided, that in establishing awards to designated high schools under this Act, the State Board of Education shall exercise its best judgment with reference to the number of pupils benefited, and to the need of remote communities for educational facilities.
Each high school complying with the provisions of Sec. 2, (Par. 2792), of this Act shall receive annually state aid to maintain such departments as in this Act
62 SCHOOL LAWS OF ARIZONA.
provided for, in a sum equal to the amount raised by the high school district in which said school is located expended by such school for such courses during the year preceding the year for which such state aid is granted ; but in no case shall the state aid so received ex- ceed the sum of twenty-five hundred dollars.
Such state aid shall be applied to all expenses of maintenance and conducting such courses, including the providing of charts, apparatus, land, rents, models, chem- icals, machinery equipment, labor, and all other articles and things necessary for use in the maintenance thereof.
The expense of providing class room and laboratory space, and a suitable tract of land with equipment, and operating expenses thereof, designated in this Act, shall be a charge upon the general high school fund of such district.
Par. 2795. On or before the tenth day of July, 1913, and on or before the tenth day of July in each year thereafter, the clerk of each high school board complying with the provisions of this Act and maintain- ing such courses of instruction shall report to the State Board of Education, setting forth the facts relating to the cost of maintaining such courses of instruction, for the preceding school year, the character of the work done, the number and names of teachers employed, and such other matters as may be required by the State Board of Education. Upon receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for the period of not less than eight months during the preceding school year, the State Board of Education shall file with the State Auditor a certificate, to that effect and shall state therein the amount to which such school is entitled as state aid under the provisions of Sec. 4 Par. 2794) of this Act. Upon receiving such certificate the State Auditor shall issue
SCHOOL LAWS OF ARIZONA. 63
an order to the State Treasurer requiring said State Treasurer to issue a warrant payable to the treasurer of the county in which such high school is located main- taining such school for the sum so designated by the State Board of Education in said certificate, and the treasurer of such county shall place the same to the credit of such high school district.
Par. 2796. Regulations governing state aid granted to designated high schools, qualifications of instructors, courses of instruction in agriculture, mining, manual training, domestic science, or other vocational pursuits, and procedure under this act, shall be adopted by the State Board of Education.
Par. 2797. The normal schools of the State of Ari- zona shall be entitled to participate on identical terms with high schools, in the benefits of this chapter. In its application to such normal schools the words "high school" or "high schools" whenever they occur in this title shall read "normal school" or "normal schools;" "high school district" or "districts" shall read "State of Arizona;" and the words "clerk" and "board of educa- tion" shall read to corresponding normal school officers.
CHAPTER XIV.
PUPILS.
Par. 2798. All children between the ages of six and twenty-one who are residents of this state, must be ad- mitted into the schools of this state ; provided, that the board of trustees may arrange for admission of classes of beginners at regular or state intervals.
Par. 2799. All pupils must comply with the regu- lations, pursue the required course of study, and submit to the authority of the teachers of the school.
64 SCHOOL LAWS OF ARIZONA.
Par. 2800. Continued open defiance of the author- ity of the teacher, and habitual profanity and vulgarity, constitute good causes for expulsion from school.
Par. 2801. Any pupil who cuts, defaces or other- wise injures any school property, is liable to suspension or expulsion, and upon the complaint of the teacher or trustees, the parents or guardians of such pupils shall be liable for all damages.
Par. 2802. No child under the age of sixteen years shall be employed by any person, persons, company or corporation during the school hours of any school day of the school term of the public school in the school dis- strict where such child resides, unless such child pre- sents a written permit from the board of trustees for rea- sons herein specified. Every such employer shall re- quire proof that such child has been excused from .such attendance, and shall keep a record of such proof, which shall be open to the inspection of an attendance officer, peace officer or school trustee, teacher, principal or superintendent, of the district. . Any employer employ- ing a child contrary to the provisions of this section shall be deemed guilty of a misdemeanor, and liable to a fine of not less than twenty-five dollars, nor more than one hundred dollars, to be placed to the credit of the school fund of the district. Every parent, guardian, or other person in the State of Arizona, having control of any child between the ages of eight and sixteen years shall be required to send such child to a public school or pri- vate school taught by a competent instructor for the full time that the public school is in session in the school dis- trict, such attendance to be continuous, for five days in the week during the hours prescribed by law ; provided, tKat such person, guardian or other person having con- trol of such child shall be excused from such duty by the board of trustees of the district whenever it shall
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be shown to its satisfaction that one of the following rea- sons exist:
1. — That such child it taught at home by a compe- tent teacher in the branches taught in the common schools of the state.
2. — That he is attending a regularly organized pri- vate or parochial school taught by competent teachers, the regular school hours for five days in the week for the full time that the public school is in session in the dis- trict.
3. — That such child is in such physical, or mental condition (as declared by a competent physician ap- proved by the board) as to render such attendance inex- pedient or impracticable.
4 — That such child has already completed the gram- mar school course prescribed by the State Board of Edu- cation.
5. — Such child may be excused from attendance for reasons satisfactory to a board consisting of the presi- dent of the school board, superintendent, principal or teacher, and a probation officer appointed by the supe- rior judge, after such board has met and heard the rea- sons for non-attendance.
Par. 2803. Any parent, guardian or other person failing to comply with the provisions of section 99 (Par. 2802) of this chapter shall be deemed guilty of a misde- meanor, and, upon conviction, be fined in a sum of not less than five dollars and not more than twenty-five dol- lars for such offense; said action shall be prosecuted in the name of the State of Arizona before any court of competent jurisdiction, and all fines so collected shall be paid into the county treasury and placed to the credit of the school fund of the district in which the offense occurs.
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Par. 2804. It shall be the duty of the deputy sher- iff, constable, city marshal, or attendance officer of the precinct in which said school district is located, to in- quire into all such cases of neglect of the duties pre- scribed in this chapter and to ascertain from the person so neglecting, the reason, if any, therefor; and if there be no legal excuse shown shall forthwith proceed to se- cure the prosecution of any offense occurring under this chapter; and any deputy sheriff, constable, city marshal or attendance officer, neglecting to secure the prosecu- tion of such offense within ten ddys, unless the person so complained of shall be excused by the board of trustees for the reasons hereinbefore stated, shall be deemed guilty of a misdemeanor and liable to a fine in any sum not to exceed fifty dollars, and such fine when collected shall be paid into the county treasury, and placed to the credit of the school fund of the district in which the offense occurred.
CHAPTER XV. TEACHERS.
Par. 2805. Every teacher must:
1. — Present his or her certificate to the county super- intendent of schools before assuming charge of a school, who shall record it in a book provided for the purpose.
2. — On taking charge of a school, or when closing a term of school, immediately notify the county school superintendent of such fact.
3. — Enforce the course of study, the use of adopted text-books and the rules and regulations prescribed for schools.
4. — Hold pupils to a strict account for disorderly conduct on the way to and from school, exercise a super-
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vision over pupils on the play grounds, and during re- cess, suspend from school for good cause any pupil, and report such suspension to the board of trustees. In schools employing a city superintendent or principal, the authority to suspend shall be vested in him.
5. — Keep a school register, which shall be carefully preserved by the board of trustees, as one of the records of the school.
6. — Furnish such reports to the county school super- intendent upon the blanks furnished by the Superin- tendent of Public Instruction as the Board of Education may require.
7. — Make an annual report to the county school superintendent at the time, and in the manner, and on the blanks prescribed by the State Board of Education. Any teacher who shall end any school year before the close of the school year, shall make a report to the county school superintendent immediately after the close of such term, and any teacher who may be teaching any school at the end of the school year shall, in his or her annual report, include all statistics for the entire school year, notwithstanding any previous report for a part of the year.
8. — Make such other reports as may be required by the Superintendent of Public Instruction, county school superintendent or board of trustees.
Par. 2806. In case of the dismissal of any teacher before the expiration of any contract entered into be- tween such teacher and the board of trustees, for alleged unfitness or incompetence, appeal may be had to the county superintendent.
Par. 2807. No warrant shall be drawn in payment of a teacher's salary by the county superintendent, unless such teacher is the holder of a legal certificate in force
68 SCHOOL LAWS OF ARIZONA.
for the full term for which payment is demanded. Any county superintendent who shall draw any warrant not authorized under this chapter shall be liable on his offi- cial bond for the amount of such illegal warrant.
Par. 2808. Any teacher who shall use any sectarian or denominational books, or teach any sectarian doc- trine, or conduct any religious exercises in his school, or who shall fail to comply with any of the provisions mentioned in this chapter, shall be deemed guilty of un- professional conduct, and it shall be the duty of the proper authority to revoke his certificate or diploma.
Par. 2809. No person shall be employed in the public schools of this state as teacher, principal, or super- intendent, when afflicted with pulmonary tuberculosis, and any teacher, principal, or superintendent in the pub- lic schools shall as often as twice a year, if so required by the board of school trustees where he is employed, submit to an examination by one or more reputable phy- sicians selected by such school board, and should it be ascertained by such examination, or otherwise, that such person is afflicted with pulmonary tuberculosis, such person shall immediately resign, and it shall be unlaw- ful for any school board to draw its warrant for salary to any such person for services rendered after examina- tion showing such affliction, and no school superintend- ent shall thereafter draw his warrant to any such person for salary earned after an examination showing such affliction; provided, further, that should any such per- son refuse for the period of five days to submit to such examination, then it shall be the duty of the board of school trustees to discharge such person and pay him the pro rata salary earned under his contract.
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CHAPTER XVI. RETIREMENT OF TEACHERS.
Par. 2810. When any person shall be sixty years of age, and shall be without means of comfortable sup- port, and shall have served for thirty years or more in the aggregate as a teacher in the public schools, twenty- five years of which shall be in the public schools of Ari- zona, the State Board of Education may order and direct that such person be retired from further service in the schools of Arizona, and from the date of making said order the services of such person as teacher in said public schools, shall cease and such person shall retire, and thereafter during his or her lifetime shall be paid from the school funds of the State an annual pension of six hundred dollars to be paid in quarterly installments.
Par. 2811. The State Board of Education at the time of making said order of retirement, shall cause the same to be recorded in a book to be kept by them for that purpose, and shall immediately file with the State Auditor a certified copy of said order, which certified copy shall be evidence to said Auditor that the person retired from service in the public schools of Arizona is entitled to the pension provided for by the provisions of this chapter.
Par. 2812. Any person entitled to a pension under the provisions of this chapter shall, quarterly, file a veri- fied claim with the Auditor of the State, said claim hav- ing the approval of the State Superintendent of Public Instruction endorsed thereon, and upon the filing of said claim, the State Auditor shall allow the same and draw a warrant in favor of the person entitled to such pension, upon said school fund of the state,, and the State Treas- urer shall pay the same out of the school fund of the state in the same manner as other warrants out of said fund are paid.
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CHAPTER XVII. DISTRICT LIBRARIES.
Par. 2813. Board of school trustees may use three per cent, of all school funds received during any school year, together with such moneys as may be added thereto by donation, for the purchase of library books, reference books and school room decorations; provided, that the amount used for such purpose in any school year shall not exceed three hundred dollars; and, pro- vided, further, that such bills are to be allowed and paid as other bills are allowed and paid.
Par. 2814. Libraries are under the control of the board of trustees, and must be kept, when practicable, in school houses. The libraries shall be free to all pu- pils of a suitable age belonging to the school, and any resident of a district may become entitled to its privi- leges by payment of such annual monthly fee as may be prescribed by the trustees. The trustees shall be held accountable for the proper care and preservation of the library, and they shall report to the county school super- intendent, when required, all library statistics, on blanks furnished by the Superintendent of Public Instruction for that purpose.
CHAPTER XVIII. STATE TAX AND COUNTY SCHOOL TAX.
Par. 2815. There shall be annually levied and col- lected in the manner in which other state taxes are levied and collected by a levy by the officials provided by law, a sufficient tax to raise the sum of five hundred thousand dollars, said levy to be made upon the taxable property within the state and paid into the state treasury as a special fund for school purposes. It shall be the duty of the State Treasurer to receive and hold as a special
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fund, all public school moneys paid into the state treasury, and to pay them over on warrants drawn by the State Auditor, in accordance with law. All moneys so raised shall be placed to the credit of a fund to be known as a state common school fund.
Par. 2816. All school moneys due each county of the state shall be paid over by the State Treasurer on the second Monday of January and May, or as soon thereafter as the county treasurer may apply for the same, on a warrant of the State Auditor, drawn in con- formity with the apportionment of the State Board of Education.
Par. 2817. On or before the first day of July ot each year the trustees of school districts shall file with the county school superintendent an itemized statement of the amount of money needed for defraying the ex- penses of the schools within their districts for the ensu- ing year. This estimate shall be transmitted to the board of supervisors by the county school superintendent at the time he files his estimate of the amount needed for the schools of the county.
Par. 2818. The county school superintendent in each county shall on or before the first day of August of each year, furnish the board of supervisors an estimate in writing of the amount of school funds needed for the ensuing year. In making up his estimate the county school superintendent shall take into consideration all moneys asked for by the board of trustees in accordance with the preceding section.
He shall multiply the sum representing the daily average attendance of the county for the previous year by such sum, as will produce the amount of funds esti- mated ; provided, that in no case shall the sum be less than thirty-five dollars per pupil representing the daily average attendance. (In figuring the daily average at-
72 SCHOOL LAWS OF ARIZONA.
tendance in each county only the six months of school showing the highest daily average attendance shall be counted.) Provided, further, that the county school superintendent shall add to the above sum a sufficient amount so that no district employing but one teacher shall receive a less sum than eight hundred and fifty dol- lars; the county school superintendent shall apportion not less than seventeen hundred ($1,700.00) dollars to each school district of his county employing two teachers ; provided the average daily attendance for the preceding year is thirty-eight (38) pupils or more, said allotment within these limits to be determined as conditions justify, by the county school superintendent by and with the con- sent of the board of supervisors; provided, further, that ten per cent, of the superintendent's estimate shall be added thereto, which ten per cent, shall* form a reserve fund and the aggregate shall be the minimum amount of money required to maintain kindergarten and common schools for that year. The county school superintendent in making his estimate, shall estimate whether or not his estimate will produce the amount of money asked for by any board of trustees, and if not he must estimate the additional amount needed for such district or dis- tricts and certify same at the time of certifying to his estimate. The board of supervisors of each county shall annually, at the time of levying other taxes, levy a school tax of a rate not less than a rate sufficient to raise the said minimum amount of money less the amount of money received by the county for school purposes from the state and other sources, and in addition a rate on the property of any district or districts in which an ad- ditional amount has been asked for; said tax shall be added to the county tax and collected in the same man- ner. That portion levied for county school purposes shall be paid into the county treasury to the credit of the county school fund for the support of the common schools. Such additional portion as has been levied for
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school purposes in a particular district shall be paid into the school fund of such district.
Par. 2819. It shall be the duty of the treasurer of each county:
1. — To receive and to hold as a special fund all public school moneys, whether received by him from the State Treasurer, or raised by the county for the benefit of public schools, or from any other source, and to keep a separate account thereof, and when the same is ap- portioned among the school districts to open and keep a separate account of each district.
2. — On receiving any public school moneys amount- ing to one thousand dollars, subject to distribution, to immediately notify the county school superintendent of his county of the amount thereof.
3. — To pay over, on the warrants of the county school superintendent, duly endorsed by the person en- titled to receive the same, any or all money.
4. — On or before the first day of August of each year to make a report to the Superintendent of Public Instruc- tion showing:
1. — The amount of moneys received from state school fund.
2. — The amount received from county and school tax.
3. — The amount received from other sources. 4. — Total expenditures for school purposes. 5. — Balance on hand at close of school year.
Par. 2820. In case of the failure or neglect of said county treasurer to make such report or give such no- tice as is required in the preceding section, he shall be
74 SCHOOL LAWS OF ARIZONA.
liable to the county of which he is treasurer in the sum of five hundred dollars; and it is hereby made the duty of the county attorney of said county, upon the direction of the board of supervisors of said county, to bring suit in the name of said county against such treasurer for the recovery thereof, and any moneys collected under the provision of this section shall be paid into the county school fund.
Par. 2821. The county school superintendent of each county must apportion all moneys as follows: He shall apportion to each district not less than thirty-five dollars per capita upon the average daily attendance as determined in section 115 (Par. 2818) ; provided, that he apportion to no district a sum less than eight hun- dred and fifty dollars.
He shall apportion the money in the reserve fund as follows :
Whenever school has been maintained in any dis- trict for a period of five months and it shall appear that the average daily attendance is greater than it was dur- ing the preceding year, the county school superintendent shall apportion to said district out of the reserve fund, so much of said fund as said district is entitled to under the provisions of this chapter; provided, that if the amount of money in the reserve fund is insufficient to meet the demands of all the districts shewing an in- creased attendance over the preceding year then said reserve fund shall be apportioned pro rata among the several districts entitled to the same; provided, that in no case shall the apportionment from the reserve fund on account of increased attendance be greater pro rata than the regular apportionment for the same year ; pro- vided, further, that if at the end of any school year there remain any part of the reserve fund unexpended, then the county superintendent shall place said remaining
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portion in the general school fund and apportion the same in the usual manner of apportioning the general school fund.
No district shall pay any teacher from apportion- ments of state or county school moneys, unless the teacher employed in the school of the district holds a legal cer- tificate, in full force and effect during the whole period of his employment. And on and after July first, 1913, no school district, except one newly formed, is entitled to receive any apportionment of state or county school moneys, which has not maintained a public school for at least seven months during the next preceding school year. A district which is prevented by fire, flood, prevailing epidemic or other unavoidable circumstances from main- taining school for the length of time herein designated is nevertheless entitled to its apportionment of state and county school moneys.
All school moneys remaining on hand at the end of the school year, to the credit of any district, after mak- ing the apportionment as heretofore required, shall re- main to the credit of such district for the ensuing year or years.
Par. 2822. If any new school district shall be duly organized and shall cause to be filed with the county superintendent on or before the first day of July, a sworn statement of the clerk of the board of trustees of the district stating the number of children of school age, residing in the district and the probable average attend- ance, said district shall be entitled to its pro rata of the apportionment heretofore provided for.
Par. 2823. If in any school district there has been an average daily attendance of less than eight pupils be- tween the ages of six and twenty-one years for the period of three months during the school year, the county superintendent may at once suspend the district
76 SCHOOL LAWS OF ARIZONA.
and report the fact to the board of supervisors at their next meeting. The board of supervisors upon receiv- ing such report shall declare the district lapsed, and shall attach the territory thereof to one or more of the adjoining school districts in such manner as may be by them deemed most convenient for the residents of said lapsed district. When any district has been declared lapsed, the board of supervisors shall sell or otherwise dispose of the property thereto belonging, and shall place the proceeds of such sale to the credit of the district. Thereupon the county superintendent shall determine all unbonded indebtedness of said lapsed district, and shall draw his warrant on proper vouchers, on the county treasurer in payment thereof. Any balance remaining after such payment shall be transferred to the county school fund.
Par. 2824. Whenever the school house or houses in any school district shall be destroyed or rendered useless by fire, flood or other unforeseen or unavoidable calam- ity, it shall be lawful upon the resumption of school in any such district, for the county school superintendent to make the first apportionment of funds following such calamity upon the basis of the attendance at said school for that portion of the school term prior to the time the school house in such district was destroyed or rendered useless.
CHAPTER XIX.
TEXT BOOKS.
Par. 2825. There is hereby appropriated out of the state school fund sufficient moneys to furnish free text- books for the common schools of the State of Arizona, and for all contingent expenses necessary in carrying out the provisions of this chapter.
Par. 2826. In order to obtain free text-books pro- vided in this chapter, the county superintendent of
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schools of each county is hereby empowered, and it is made his duty to furnish to the Secretary of the State Board of Education on or before the first day of April, in each year, a complete list of all text-books necessary for the schools of such county; and upon such request being made it shall be the duty of the State Board of Education to furnish the books as requested and certify the cost of same to the State Auditor who will draw his warrants in payment therefor on the State Treasurer and the State Treasurer shall pay such warrants out of any unappropriated moneys in said school fund.
Par. 2827. On or before the twenty-fifth day of May in any year before the expiration of a contract for furnishing text-books for the common schools, the super- intendent of public instruction shall advertise, for a period of thirty days in a daily paper, published at the State Capitol, for bids for furnishing said required number of text-books. Said bids shall be opened in the presence of a majority of the members of the State Board of Edu- cation, and the contract shall be let to the lowest respon- sible bidder.
Par. 2828. Said Board of Education shall enter into a contract with a publisher, or publishers, for furnish- ing said text-books to be used by the free schools of this state, and such publisher, or publishers, shall give bond payable to the State of Arizona in a sum not less than twenty thousand dollars; said bond to be approved as to form by the Attorney General of the state, and con- ditioned that the said publisher, or publishers, will faith- fully comply with the conditions of their said contract, and that they will furnish to the State of Arizona such school books provided for in said contract, at prices which shall not exceed the lowest prices then granted to any buyer; being further conditioned that should there be any decrease in the prices given to any person
78 SCHOOL LAWS OF ARIZONA.
or any one purchasing such books from such publisher, then the State of Arizona shall -also have the benefit of such decrease in price ; and such publisher shall file with said bond a sworn statement made before some officer in the State of Arizona authorized to administer oaths, stating the lowest prices for which his series of text- books are sold anywhere in the United States ; and, pro- vided, further, that in case the publisher of any school text-book adopted by the State of Arizona issues a special edition of any book so adopted, or essentially the same book, then the State of Arizona shall have the right to substitute said special edition at the net price at which said special edition is sold elsewhere.
Par. 2829. Said text-books required for the use of each county shall be shipped to the county superintend- ent thereof, who shall receive and receipt for same, and send a duplicate of his receipt to the State Board of Edu- cation ; whereupon the county superintendent of schools shall issue said text-books to the county trustees of the several districts in his county, taking his receipt there- for, and said school trustees shall issue said text-books to the pupils of said district; taking therefor a receipt for same.
Par. 2830. Not more than one text-book shall be changed in any one year for any particular grade, and when such a change is made, such text-book as adopted must be continued in use for not less than five years.
Par. 2831. When any such contractor shall become a party either directly or indirectly to any combination or trust for the purpose of controlling the prices of school books, any contract entered into with such con- tractor shall be null and void ; and every contractor who shall enter into any contract with the State Board of Education, for furnishing any textbooks, shall upon the request of a member of said State Board of Educa-
SCHOOL LAWS OF ARIZONA. 79
tion, mail to said State Board of Education a sworn price list of the text-books which said contractor furnishes, or desires to furnish, to the State of Arizona.
Par. 2832. All contracts entered into under the pro- visions of this chapter shall be approved as to form, by the Attorney General, before they shall become binding on the State of Arizona.
Par. 2833. If any contractor shall violate any of the conditions of any contract entered into by him, the Attorney General shall, upon request of the Governor or of the State Board of Education, institute suit on the bond of said contractor to recover on behalf of the state the amount of said bond.
Par. 2834. All books purchased under the provis- ions of this chapter shall be the property of the State of Arizona ; and when distributed, as herein provided, shall be deemed to be in the custody of the board of trustees, and it shall be their duty to hold pupils using said books responsible for any damage to, loss of, or fail- ure to return such books to said board of trustees when so required ; provided, however, that whenever any pupil shall lose or destroy any book loaned him under the pro- visions of this chapter, or, if for any reason a pupil shall require a second copy of any book of any series used in the common schools, then such pupil shall be required to pur- chase such book at his own expense. All books before being reissued shall be fumigated. Failure on the part of the trustees or teachers to have such books fumigated, shall be deemed a misdemeanor and punished as such.
Par. 2835. The provisions of this chapter shall not be construed to prohibit any pupil or parent or guardian from purchasing from the board such books as may be necessary at the same price which the said board of education pays for the books.
80 SCHOOL LAWS OF ARIZONA.
Par. 2836. No school officer or teacher in any public school in Arizona shall act as agent for any author, publisher, bookseller, or other person to intro- duce any books, apparatus, furniture, or any other article whatever in the public schools of the district in which he is an officer or teacher.
CHAPTER XX. ARBOR DAY.
Par. 2837. In the counties of Apache, Navajo, Coconino, Mohave and Yavapai, the Friday following the first day of April in each year, and in all other coun- ties of this state, the Friday following the first day of February in each year, shall hereafter be known as Arbor Day, and shall be observed as a holiday.
Par. 2838. It shall be the duty of the Governor to make proclamation setting forth the provisions of the preceding section, and recommending that the Arbor Day established be observed by the people of the State of Arizona in the planting of trees, shrubs and vines, in the promotion of forest and orchard growth and culture, in the adornment of public and private grounds, places and ways and in such other efforts and undertakings as shall be in harmony with the character of the day so es- tablished.
Par. 2839. In order that the children in the public schools shall assist in the work of adorning the school ground with trees, and to stimulate the minds of children towards the benefits of the preservation and perpetua- tion of the forests, and the growing of timber, it shall be the duty of the authorities in every public school in the State of Arizona to assemble the pupils in their charge on the above day in the school building or elsewhere, as they may deem proper, and to provide for and conduct,
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under the general supervision of the State Superintend- ent of Public Instruction, such exercises as shall tend to encourage the planting, protection and preservation of trees and shrubs, and an acquaintance with the best methods to be adopted to accomplish such results; and that the trees may be planted around the school build- ings, and that the grounds around such buildings may be improved and beautified; such planting to be attended with appropriate and attractive ceremonies, that the day may be one of pleasure as well as one of instruction for the young ; all to be under the supervision and direction of the teacher, who shall see that the trees and shrubs are properly selected and set.
Par. 2840. The State Superintendent of Public In- struction shall from year to year prescribe a course of exercises and instructions in subjects hereinbefore men- tioned, which shall be adopted and observed by said public school authorities on Arbor Day.
CHAPTER XXI.
MUSIC AND DRAWING IN SCHOOL.
Par. 2841. The board of trustees of any school dis- trict within the State of Arizona is hereby authorized and empowered to employ properly certificated teachers of music and drawing, if they deem it for the best inter- ests of their respective school districts so to do.
Par. 2842. Any music or drawing teacher who is a graduate of an approved school of music or drawing may be licensed to teach such subject. If such music or drawing teacher cannot so qualify, then such teacher must pass such examination in music or drawing as the State Board of Education may prescribe.
82 SCHOOL LAWS OF ARIZONA.
CHAPTER XXII. UNITED STATES FLAG.
Par. 2843. It shall be the duty of the school author- ities of every public school in the several school districts of the State of Arizona to purchase a United States flag, flagstaff, and the necessary appliances therefor, and to display such flag upon or near the public school building during school hours, and at such other times as such school authorities may direct.
Par. 2844. It shall be the duty of the State Super- intendent of Public Instruction to prepare for the use of the public schools of the state a program providing for a salute to the flag and such other patriotic exercises as shall be deemed by him to be expedient, under such regulations and instructions as may best meet the re- quirements of the different grades in such schools. It shall also be his duty to make special provisions for the observance in such public schools of Lincoln's Birthday, Washington's Brithday, Memorial Day, and Flag Day, and such other legal holidays of like character as may be hereafter designated by law.
Par. 2845. The State Superintendent of Public In- struction is hereby authorized to provide for the neces- sary expenses incurred in developing and encouraging such patriotic exercises in the public schools by an ap- portionment, subject to the supervision of the State Board of Education, from the state school fund, of the amount of money to which each county may be entitled to carry into effect the provisions of this chapter, and furnish each county treasurer and county superintendent with an ab- stract of such apportionment. He shall also certify to the State Auditor, and upon such certificate the Auditor shall forthwith draw his warrant on the State Treasurer in favor of the county treasurer of each county for the amount due said county.
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Par. 2846. Nothing herein contained shall be con- strued to authorize military instruction or drill in the public schools during school hours.
CHAPTER XXIII.
MANUAL TRAINING, DOMESTIC SCIENCE AND KINDERGARTEN.
Par. 2847. That in all school districts within the State of Arizona instruction may be given in the sub- jects of manual training, domestic science, and kinder- garten; provided, that such subjects can be pursued without excluding or neglecting the subjects previously provided for by law.
Par. 2848. The course of study for said manual training or domestic science and kindergarten courses shall be prescribed by the board of trustees authorizing the same, subject to the approval of the State Board of Education.
Par. 2849. The board of supervisors of each county shall annually, at the time of levying other taxes, levy such additional school tax upon the taxable property within such school district as will be sufficient to pay the salaries of such manual training, domestic science and kindergarten teachers as may be employed in their county, together with necessary expenses for materials to be used in such instruction ; and said manual training, domestic science, and kindergarten taxes shall be col- lected and paid into the county treasury in the same manner as other county school taxes. Any board of trus- tees intending to employ such teacher or teachers must give notice, in writing, to both the county superintendent of schools and the board of supervisors on or before the first day of July of the amount necessary for salaries and for materials for such instructions for the ensuing year.
84 SCHOOL LAWS OF ARIZONA.
Par. 2850. Manual training, domestic science or kindergarten teachers, who are graduates of an approved manual training, domestic science or kindergarten school may be licensed to teach such subjects by the State Board of Examiners. If a manual training, domestic science or kindergarten teacher can not so qualify, then such teacher must pass such examination in the subject of manual training, domestic science or kindergarten as the State Board of Education may prescribe.
Par. 2851. No pupil who is a bona fide resident of any district in which a special teacher of manual train- ing, domestic science, or kindergarten is employed shall be required to pay tuition for such subjects.
CHAPTER XXIV. COMMERCIAL BRANCHES.
Par. 2852. The board of school trustees in any school district within the State of Arizona is hereby authorized and empowered to employ teachers of the commercial branches if they deem it for the best interest of their respective districts so to do.
Par. 2853. Any commercial teacher who is a grad- uate of a commercial school approved by the State Board of Education, may be licensed to teach such subjects by said State Board of Examiners. If such commercial teacher cannot so qualify, then such teacher must pass such examination in the commercial branches as the said State Board Of Education may prescribe.
CHAPTER XXV. EDUCATION OF DEAF, DUMB AND BLIND.
Par. 2854. There is hereby appropriated annually, the sum of five thousand dollars, or so much thereof as
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may be necessary, for the education of the deaf, dumb and blind of the State of Arizona, under the direction of the State Board of Education, and that the treasurer shall pay the same on the warrant of the auditor for that pur- pose.
Par. 2855. In addition to the duties imposed upon him by law, it is hereby made the duty of the school census marshal of each school district in the state, to include annually in his report to the county school super- intendent, the number and names of the deaf, dumb and blind of school age residing in his district. The county school superintendent shall, upon receipt of this report, forward a copy of the same to the State Board of Educa- tion, which shall, upon receipt thereof, and upon receipt of proof, showing that any of those enumerated therein, are deaf, or dumb, or blind, and of sound mind and body, and of parents who are not able to provide for their education, issue to applicants, so qualified, a certificate reciting the facts proved ; which certificate shall entitle the holder thereof to receive as hereinafter provided for, the benefits provided for in this chapter.
Par. 2856. The said Board of Education shall enter into contract, with some one of the states having an in- stitution for the education of the blind, for the education of the blind of this state upon the most economical terms possible, and the contract, so entered upon, shall provide that the state so contracted with, shall, upon presentation by any applicant of the certificate provided for in sec- tion 152 (Par. 2855) of this chapter, receive and care for said applicant, in accordance with the terms of the contract. The state so contracted with shall be paid from the appropriation made in section 151 (Par. 2854) of this chapter, at the rate of not to exceed three hundred and fifty dollars a year for each scholar's instruction and board, including board during vacation, on the certifi-
86 SCHOOL LAWS OF ARIZONA.
cate of the State Board of Education, to be furnished by the State Auditor.
Par. 2857. The University of Arizona shall upon the presentation by any applicant of a certificate issued by the State Board of Education, showing that said ap- plicant is afflicted with either deafness or dumbness, admit the holder thereof to receive the benefits provided by section 153 Par. 2856), Revised Statutes, 1913, and shall, as well, provide said applicant with board and lodging. The expenses for the board and lodging of said applicant, including board and lodging dur- ing vacation, shall be paid to said University on the certificate of the State Board of Education to be furnished to the State Auditor, from the appropriation made in section 151 (Par. 2854) of this chapter, at the rate of not to exceed two hundred and fifty dollars a year for each scholar's board and lodging. This section shall not be construed to conflict with, or in any way invalidate the provisions of Par. 4495, Revised Statutes of Arizona, 1913.
Par. 2858. The State Board of Education is hereby authorized to provide for the careful examination of all applicants for admission to the benefits provided by this chapter, and to audit and certify, to the State Audi- tor, all accounts for the expense of designating the in- stitution for the education of the blind, and for conduct- ing examinations of applicants, and for all contin- gent expenses attending the same; and the accounts thereof shall be paid from the appropriation made in section 151 (Par. 2854) of this chapter.
CHAPTER XXVI. BLIND CHILDREN UNDER SCHOOL AGE
Par. 2859. The State Board of Education shall have power to provide for the suitable care, maintenance, and
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instruction of blind children under school age residing in this state where, by reason of lack of means or other cause, the parent or parents of such children are unable to properly care for, maintain, and educate such children.
Par. 2860. For the purpose of providing such care, maintenance, and instruction the said Board of Educa- tion shall have power to contract with any institution having or furnishing facilities for such care, maintenance, and instruction in this or any other state at a contract price to be agreed upon, not exceeding one dollar per day; provided, that such contract shall be made upon the written consent of the parents or surviving parent of any such child.
Par. 2861. Such contract shall continue in force, and the care, maintenance, and instruction provided therein shall continue until such child attains the age of six years; provided, however, that the said board of education may in its discretion continue such contract in force until such child attains the age of twelve years.
Par. 2862. There shall be included in the tax to be levied for state school purposes, a rate sufficient to raise the sum of twenty-five hundred dollars in addi- tion to all other sums provided by law, which sum, or so much thereof as may be necessary, is hereby appro- priated for the purpose of carrying out the provisions of this chapter.
Par. 2863. Nothing in this chapter contained shall be deemed to repeal or in any way modify any existing law with reference to the education of the deaf, dumb, and blind.
CHAPTER XXVII. IMPROVEMENT OF SCHOOL PROPERTY.
Par. 2864. Boards of trustees of school districts and high school districts in incorporated cities and towns, in
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addition to the powers heretofore conferred upon such boards by law, shall have authority to enter into con- tracts for grading of regrading, planking or replanking, paving or repaving, capping or recapping, oiling or re- oiling, macadamizing or remacadamizing, graveling or regraveling, piling or repiling, or otherwise improving or reimproving any street, lane, alley, place, court, ave- nue, boulevard, highway or public way adjacent to any lot, portion of lot, piece or parcel of land, owned by said district, or any crossing or intersection of such street, lane, alley, place, court, avenue, boulevard, highway or public way adjoining any quarter block in which any lot, portion of lot, piece or parcel of land belonging to such district is situated, and for the construction or reconstruc- tion of sidewalks, manholes, culverts, bridges, gutters, tunnels, curbs and crosswalks, storm water ditches, and drains, conduits or channels and breakwater levees in or along said streets and intersections; and to pay for any of the improvements herein described by the levy of a special assessment upon the taxable property in such district, or by issuing and selling the bonds of the dis- trict for the purpose of making or paying for such im- provements; provided, however, that before any such board of trustees shall levy such assessment for making such improvements or issue or sell any bonds of their district for the purpose of making or paying for any such improvements they shall call an election and submit to the taxpayers of the district the question of whether or not such improvements shall be made, and where il is considered by the trustees advisable to issue bonds for making or paying for such improvements the question of whether or not the bonds of said district shall be is- sued shall likewise be submitted at such election.
If a majority of the taxpayers voting at such elec- tion shall vote in favor of making such improvement, the board of trustees shall have authority to levy a special
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assessment upon the taxable property in such district for making and paying for the same; and in the event that bonds are to be issued to pay for such improvements, if a majority of the taxpayers voting at such election shall vote in favor of the issuing and selling the bonds of the district, then said bonds shall be issued, otherwise not.
Such election shall be called and conducted in the manner now provided for elections for the issuance of bonds by said districts, and any bonds issued in pursu- ance of any such election shall be as valid in all respects as the bonds of such districts issued for any purposes heretofore authorized by law.
Par. 2865. At such election the ballot shall contain the words "assessment yes" and "assessment no," or "bonds yes" or "bonds no," as the case may be. If the majority of the votes cast be in favor of an .assessment, the board of trustees shall designate one of their num- ber to act as assessor and collector who shall, from the last assessment roll of the county, make an assessment roll containing a list of all the taxable property in the district and the value thereof, and return such roll to the board of trustees of the district. Said board shall upon receiving the roll, deduct fifteen per cent, thereof for delinquencies, and then by dividing the sum neces- sary for the proposed improvement, together with the estimated cost of assessing and collecting added thereto by the remainder of the roll ascertain the rate per cent, required, and the rate so ascertained shall be levied and assessed on the persons and property described in such roll, and shall be a lien on such property until paid. The board of trustees shall fix the time within which such assessment shall be paid, and if any such assessment shall not be paid within such time the same shall be collected in the same manner as delinquent state and county taxes.
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TITLE XLII. CHAPTER III.
Par. 4490. In order to facilitate the use of the educational advantages of the University of Arizona, and to equalize the educational opportunities of the students of this State, there shall be awarded annually, to each county in the State, one scholarship of One Hundred and Fifty Dollars ($150.00), which shall be used by the holder for tuition, room, and board, at the said Univer- sity during the academic year following the award ; pro- vided, that no county shall, during any one academic year, receive more than One Hundred and Fifty Dollars ($150.00).
Par. 4491. Each scholarship, when awarded, shall bear the name of the county to which it has been awarded ; and the expenses of the holder thereof shall be paid to the president of the University out of the general fund of the State ; such payment to be made monthly, upon the receipt by the State Auditor, of the certificate of the President of the University, that the holder has done his work in a satisfactory manner for the preceding month.
Par. 4492. The method of award shall be as fol- lows: The county school superintendent of each county, whenever in his county there is no holder of a scholar- ship for the ensuing academic year, shall receive and register the names of all applicants for such scholarship. On the last Saturday in August of the year 1912, and on the last Saturday in June of each succeeding year, he shall hold an examination according to the rules and regulations prescribed by the President of the University, said examination to be open only to persons between the ages of sixteen and twenty-two years, who are grad- uates of one of the four year high schools of the county.
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and who, if there be no four year high school in the county, are residents of the county, and have completed elsewhere a course equivalent to such four year course. The county school superintendent shall send to the presi- dent of the University within one day after the comple- tion of the examination, the papers of all applicants, together with a certificate stating thaf the prescribed regulations have been fully complied with. On receipt thereof, the president shall cause the papers to be graded by the members of the faculty of the University, and issue to the person passing with the highest record, a certificate of scholarship, which shall entitle the holder to the advantages specified in Par. 4490, for the follow- ing year. Should such holder fail to accept the schol- arship, others passing the examination may be appointed in the order of excellence.
Par. 4493. In all respects such holders of scholar- ships shall be subject to all rules, requirements, and ex- aminations, as may be prescribed by the regents and faculty for other students of the University.
TITLE LII.
CHAPTER II.
STATS, COUNTY AND MUNICIPAL INDEBTEDNESS.
Par. 5266. Whenever it is attempted to increase the aggregate amount of the indebtedness of any county school district, city, town, or other municipal corpora- tion, so as to exceed four per centum of the value of the taxable property in such county, school district, city, town, or other municipal corporation, such value of tax- able property therein to be ascertained by the last as- sessment for State and county purposes previous to such proposed incurring of such indebtedness, such county, school district, city, town, or other municipal corporation
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may become indebted in an amount exceeding four per centum of the value of such taxable property in the man- ner and by compliance with the provision of this chapter.
Par. 5267. Any county, school district, city, town, or other municipal corporation, acting through its board 'of supervisors, board of school trustees, city or town council, or the governing body of any other municipal corporation, may, of its own volition, and must upon petition signed by fifteen per centum of the property taxpayers, who shall in all other respects be qualified electors, in said county, school district, city, town, or other municipal corporation, order an election by the property taxpayers., who in all other respects shall be qualified electors, in such county, school district, city, town, or other municipal corporation, for the purpose of determining whether such indebtedness shall be author- ized; Provided, that the order for the election in any school district shall be made by the board of supervisors in the county where such election shall be held, either upon such petition, or upon request of the board of school trustees.
Par. 5268. At any election so held, if a majority of the property taxpayers, who must also, in all respects, be qualified electors, therein voting at said election, in such county, school district, city, town, or other municipal corporation, shall vote in favor of the creation of an in- debtedness to an amount exceeding four per centum of the value of the taxable property in such county, school district, city, town, or other municipal corporation, such value to be ascertained as provided in Sec. 1 hereof, such county, school district, city, town, or other municipal cor- poration, shall be permitted to become indebted in an amount exceeding four per centum of the value of tax- able property therein; provided, that in incorporated cities and towns the value of taxable property herein
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mentioned shall be taken from the last assessment for city or town purposes made previous to incurring such indebtedness; provided, further, that any incorporated city or town, with such assent, may be allowed to be- come indebted to a larger amount, but not exceeding fifteen per centum additional, for supplying such city or town with water, artificial light, or sewers, when the works for supplying such water, artificial light, or sew- ers are or shall be owned and controlled by the munici- pality.
Par. 5269. Whenever the board of supervisors, board of school trustees, city or town council, or the gov- erning body of any other municipal corporation, shall order an election for the purpose herein provided, it shall be the duty of said board of supervisors, board of school trustees, city or town council, or the governing body of any other municipal corporation, to order such election to be held at the regular voting place, or places, within the limits of said county school district, city, town, or other municipal corporation, wherein such indebtedness is attempted $o be created, not less than 30 nor more than 60 days from the date of said order; provided, whenever an election shall be held for the purpose of creating an indebtedness by a county, or school district, such order shall be made by the board of supervisors of the county wherein such election shall be held.
The order thus made shall prescribe the object of such election, as prescribed in Sec. 8 of this chapter, and shall be held to be prima facie evidence that all of the provisions necessary to give it validity or qualify such board of supervisors, city or town council, or the gov- erning body of any other municipal corporation, to make such order have been fully complied with.
Par. 5270. Said board of supervisors, city or town council, or the governing body of any other municipal
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corporation shall cause to be posted at least five (5) copies of such order in public places within the county, school district, city, or town, or other municipal corpora- tion wherein such election is to be held, at least twelve (12) days prior to the date of the election, and shall post a copy of said notice at each polling place within the county, school district, city, town, or other municipal corporation; provided, that in addition to the posting of such notice, publication of a copy thereof shall be made in some newspaper designated by said board of super- visors, mayor of said city or town, or the executive officer of any other municipal corporation for at least 30 days prior to the date of such election.
Such election shall be held in conformity with the provisions of the general election laws of the State and by the officers of election provided to be appointed by, and who shall qualify, under such laws; the return of said election in the case of a county, or school district, shall be made to the board of supervisors of the county wherein such election is held, and, in any other case, to the city or town council or other governing body of any other municipal corporation within twelve (12) days from the date of such election ; whereupon, the board of supervisors, city or town council, or the governing body of any other municipal corporation shall hold a special meeting on the first Monday succeeding said twelfth day for the purpose of canvassing the vote cast at said elec- tion ; and they shall immediately thereafter by the cer- tificate in the next Section of this Title, provided, declare the result of said election.
Said certificate of the result of election, so made, shall be prima facie evidence of the complete perform- ance of all of the conditions and requirements precedent to the holding of such election.
Par. 5271. At any election so held, if a majority of the property taxpayers, who must also in all respects be
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qualified electors, therein voting at said election, in such county, school district, city, town or other municipal cor- poration, shall vote in favor of the creation of an indebt- edness in excess of four* per centum of taxable property, the value of such taxable property to be ascertained as herein prescribed, it shall be the duty of the board of supervisors, city or town council, or the governing body of any other municipal corporation (at the time pre- scribed in section five (Par. 5270 hereof), to file and record in the office of the county recorder of such county wherein such election is held, a certificate showing the object of such election, the total number of votes cast at such election, the total number of votes cast in favor of the creation of such indebtedness and the total number of votes cast against the creation of such indebtedness; and such certificate shall contain a further statement that the creation of such indebtedness is ordered; and thereupon it shall immediately become the duty of such board of supervisors, board of school trustees, city or town council, or the governing body of any other municipal corporation to take such steps as are in this chapter required to carry out the object of such election.
Par. 5272. No political subdivision or municipal corporations other than the subdivision or municipal cor- poration wherein the election shall be held as above pre- scribed, for the creation of any indebtedness herein pro- vided for, shall in any manner be responsible for, or charged with, the payment of any of the principal sum or interest thereon evidenced by such indebtedness.
Par. 5273. Whenever any county, school district, city, town, or other municipal corporation shall desire under the provisions of this chapter to issue bonds or other evidences of indebtedness of said county, school district, city, town, or other municipal corporation, the
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board of supervisors, board of school trustees, city or t©wn council or the governing body of any other munici- pal corporation, may, with the assent of a majority of the property taxpayers, therein voting at said election, in such county, school district, city, town, or other munici- pal corporation, given in the manner herein provided, issue and sell bonds of said county, city, school district, town, or other municipal corporation, as herein provided, in the amount of indebtedness authorized at said elec- tion to be created; provided, that in the call for said election hereinbefore in Second Section (Par. 5267) of this Chapter required to be made, there shall be set forth the aggregate amount of said bonds, the term thereof, the rate of interest to be paid thereon, when such interest shall be paid, the date of maturity of said bonds or other evidences of indebtedness, and the pur- pose for which the money derived from the sale of such bonds or other evidences of indebtedness shall be ex- pended.
No bonds or other evidences of indebtedness author- ized to be issued shall bear interest at a rate exceeding six per centum per annum.
Par. 5274. Whenever an issuance of bonds or other evidences of indebtedness shall have been authorized under the provisions of this Chapter, it shall become the duty of the county board of supervisors in behalf of the county or board of school trustees, city or town council, or the governing body of any other municipal corporation issuing said bonds or other evidences of in- debtedness, to cause said bonds to be prepared in the amount and of the denominations so authorized, which bonds, or other evidences of indebtedness shall bear the date of their issuance, shall be numbered consecu- tively from one upwards, and shall be signed and at- tested by the following persons, to-wit: when issued by the county, by the chairman and clerk of the board of
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supervisors; when issued by a school district, by the chairman and clerk of the board of school trustees, countersigned by the chairman of the board of supervis- ors of the county wherein such school district is situated ; when issued by a city or town, by the mayor and the city clerk of such city or town, and when issued by any other municipal corporation, by the executive officer and clerk of the governing body of such other municipal cor- poration, with the corporate seal of any such political subdivision or municipal corporation, if there be one, affixed thereto ; and said bonds shall be payable at a date not to exceed forty (40) years from the date of their issuance.
Par. 5275. Said bonds shall be payable to bearer, and coupons for the interest shall be attached to each of said bonds so that the same may be removed there- from without mutilating the bonds, and each of said coupons shall bear a fac simile of tjie signature of the officers in the preceding section hereof mentioned as said signatures appear upon said bonds; provided, that it shall not be necessary to impress upon any such coupon the seal hereinbefore mentioned.
Par. 5276. Before the sale of any of such bonds or other evidences of indebtedness, the board of supervisors, in behalf of the county, or of the board of school trustees, or the city or town council, or the governing body of any other municipal corporation, as the case may be, shall at a regular meeting, or at a special meeting called for that purpose, cause to be entered upon the record of said body an order directing the sale of said bonds or other evidences of indebtedness, and the date and hour of said sale, and shall cause a copy of said order to be published for at least four (4) consecutive weeks before said sale in such daily or weekly newspaper or news- papers as may be designated by said body, together with
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a notice that sealed proposals will be received by them
for the purchase of said bonds, or other evidences of
indebtedness, on the date and hour named in said order.
Said governing body shall, at said time, and at a
meeting to be held for such purpose, open all sealed proposals received by them, and shall award the pur- chase of said bonds to the highest and best responsible bidder; provided, that none of said bonds or other evi- dences of indebtedness shall be sold for a less amount than par with accrued interest. All bids or proposals received for the purchase of said bonds, or other evi- dences of indebtedness, shall be accompanied by a cer- tified check for a sum not less than five per cent. (5 per cent.) of the total amount of such bid, and such gov- erning body shall have the right to reject any and all bids, and all such certified checks accompanying bids which are not accepted, and which are rejected, shall be returned to the ^arty tendering the same.
The certified check so deposited by the successful bidder shall be retained by said board of supervisors, or city or town council, and shall be forfeited in the event that such bidder shall not carry out the terms of the contract provided herein to be entered into, provided, however, that such forfeiture shall not be deemed or taken as stipulated or liquidated damages for a breach of said contract and shall not prevent such board of supervisors, or city or town council, from recovering dam- ages under said contract.
Par. 5277. The amount of bonds sold, their num- bers and dates, shall be entered upon the record of the proceedings of the governing body of the county, school district, city, town, or other municipal corporation dis- posing of the same.
Par. 5278. After said bonds or other evidences of indebtedness are issued, if such indebtedness is created
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by a county of a school district situated therein, and until all of said bonds or other evidences of indebtedness of such county are redeemed, the board of supervisors of such county where such indebtedness is created under the provisions of this chapter, and the city or town council, or the governing body of any other municipal corporation, creating such indebtedness under the pro- visions of this chapter, if such bonds or other evidences of indebtedness are issued by such city or town, is author- ized and it shall be its duty, to levy and cause to be collected a tax in addition to the amount of taxes which now or may hereafter be authorized by law for state and county purposes, at the same time and in the same man- ner as other taxes are levied and collected by such county, city, or town upon all taxable property in such county, school district, or city, town, or other municipal corporation, sufficient to pay the interest on all bonds issued when such interest shall become due, and said tax when collected shall constitute a fund for the payment of interest on said bonds, or other evidences of indebted- ness and shall be called "Interest Fund."
Par. 5279. The board of supervisors of any county wherein any indebtedness shall be created under the provisions of this chapter, either by the county or by any school district situated therein, and the council of any incorporated city or town, shall also and in addition to the taxes for State and county purposes, or the taxes for city and town purposes, as the case may be, and the tax hereinabove provided to be levied for the payment of interest on such bonds or other evidences of indebted- ness, levy a tax for the purpose of redeeming said bonds or other evidences of indebtedness when the same shall mature, as specified in the order and call for election hereinbefore in this chapter, provided to be made, and all money derived from the levy of the tax in this Sec- tion provided for, when collected, shall constitute a fund
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and shall be called the "Redemption Fund, and shall be used for the redemption of said bonds or other evidences of indebtedness according to the number of their issue. The tax in this section provided to be levied, shall be levied annually so as to provide a fund for the redemp- tion of such bonds or other evidences of indebtedness when the same shall mature.
Par. 5280. Whenever the owner of any coupon bond issued pursuant to the provisions of this Chapter shall present such bond to the State Auditor with the request for the conversion of such bond into a registered bond, the State Auditor shall cut off and cancel the cup- pon of any such coupon bonds so presented and shall stamp, print or write upon such bonds, so presented, either upon the back or the face thereof, as may be con- venient, a statement to the effect that the said bond is registered in the name of the owner and that thereafter the interest and principal of said bonds are payable to the registered owner. Thereafter and from time to time, any such bond may be transferred by such regis- tered owner in person or by attorney duly authorized, on presentation of such bond to the State Auditor and the bond again registered as before, a similar statement be- ing stamped, printed or written thereon. Such state- ment stamped, printed or written upon such bond may be in substantially the following form:
(Date, giving month, year and day.)
This bond is registered pursuant to the statutes in
such case made and provided in the name of
and the interest and principal thereof are hereafter pay- able to such owner.
State Auditor.
If any bond shall have been registered as aforesaid, the principal and interest of such bond shall be payable to
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the registered owner. The State Auditor shall enter in the register of said bonds kept by him pursuant to the provisions of this Chapter, or in a separate book, the fact of the registration of such bond and in whose name respectively, so that said register or book shall at all times show what bonds are registered and the name of the registered owner thereof.
Par. 5281. When any bonds or other evidences of indebtedness created under the provisions of this Chap- ter, shall mature, it shall be the duty of the county treasurer, when such bonds shall have been issued by the county or any school district, and of the city and town treasurer, as the case may be, when any such bonds shall have been issued by any incorporated city or town, to give notice for four (4) weeks in some newspaper published in the county in which such bonds or other evidences of indebtedness shall have been issued, of the intention of such county, school district, city, or town to redeem such bonds, stating the amount thereof, and such redemption shall be made by the county, city, or town, as the case may be, and all said bonds or other evi- dences of indebtedness shall cease to draw interest at the expiration of four weeks after the date of said notice, and if such bonds so noticed for redemption shall not be presented for redemption within three (3) months from the date of such notice, said county treasurer, or city or town treasurer, as the case may be, shall apply said money to the redemption of the bonds next in the order of the number of their issue.
When any interest shall be due upon any of said bonds or other evidences of indebtedness under the provisions of this Chapter, the coupons due and payable shall be delivered to the county, city, or town treasurer, as the case may be, who shall pay the same and write the word "Cancelled" across the face thereof, and said coupons so paid and cancelled shall be said treasurer's
102 SCHOOL LAWS OF ARIZONA.
receipt for the payment of the same, and when any of said bonds or other evidences of indebtedness shall be paid and redeemed, said treasurer shall in like manner mark them "Cancelled" on the face thereof over his signature, and immediately deliver the same to the clerk of the said board of supervisors, or city or town council, as the case may be, taking his receipt therefor, and said clerk upon receipt of said cancelled bonds or other evidences of indebtedness shall file the same in his office and report the same to the board of supervisors, or city or town council, as the case may be.
The board of supervisors, city or town council, as the case may be, of any county, school district, city or town, issuing bonds or other evidences of indebtedness under the provisions of this Chapter, shall, by resolu- tion entered upon its minutes, prior to the offering for sale of said bonds or other evidences of indebtedness, and within a period of 15 days from the canvassing of the vote of the election herein provided for, prepare a form of bond, which shall substantially conform to the description of said bonds mentioned in the order re- quired by this Chapter, to be published and recorded.
Par. 5282. If any bonds or other evidences of in- debtedness shall be issued and sold by any county, school district, city, town, or other municipal corporation, under the provisions of this Chapter, for the purpose of erect- ing and furnishing any public building within such county, school district, city, town, or other municipal corporation, the board of supervisors, in the event such public building shall be erected and furnished by the county or school district, and the city or town council in the event such public building is to be erected and furnished by a city, town, or other municipal corpora- tion, shall, within the period which it is required under the provisions of the preceding Section of this Chapter
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prepare and adopt a form of bond or other evidence of indebtedness, adopt plans and specifications for such building, and said board of supervisors, city or town coun- cil, as the case may be, shall, as soon as may be prac- ticable after the adoption of such plans and specifica- tions, advertise for bids for the erection and furnishing of said building.
The notice of advertisement for such bids shall set a day and hour, not less than forty days from the date of such notice, when said bids shall be received and opened, and said board of supervisors, city or town council, as the case may be, shall award the contract for the erection and furnishing, or the erection or furnish-* ing of said building to the lowest and best responsible bidder, provided that any and all bids so submitted may be rejected. In the event any bid shall be accepted, said board of supervisors, city or town council, as the case may be, shall require the person or persons to whom such award or contract has been let, to enter into a writ- ten contract with said board of supervisors, city or town council, as the case may be, for the erection and com- pletion of said building and the furnishing thereof, and shall require such person or persons entering into such contract to give bonds to said county, city, or town, for the amount of the contract, with two or more sufficient sureties, or give a surety company bond in a like man- ner, conditioned upon the faithful performance of the contract, such bond to be approved by the board of supervisors, city or town council, as the case may be.
Such board of supervisors, city or town council, as the case may be, may agree to pay and pay upon such contract as follows : Upon the completion of one- third of the work, one-fifth of the contract price ; upon completion of two-thirds of the work, an amount suffi- cient with the prior payment to make one-half of the
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contract price; and the balance of the contract price shall be paid upon the completion and acceptance of the buildings and the furnishing thereof under said contract by said board of supervisors, city or town council.
In the event that it shall be deemed necessary in conjunction with the erection of the buildings herein mentioned to purchase a building site or sites, the call for the election shall state the proportion of the total amount of the fund to be derived from the issuance and sale of bonds or other evidences of indebtedness which shall be expended in the purchase of such build- ing site or sites.
Par. 5283. Any incorporated city or town, with the assent of the qualified voters, as provided in Sec. 3 (Par. 5268) hereof, may be allowed to issue bonds or other evidences of indebtedness not exceeding fifteen per cent, additional, for supplying such city or town with water, artificial lights, or sewers, when the works for supply- ing such water, artificial lights, or sewers are or shall be owned or controlled by the municipality.
Par. 5284. The expenses of all proceedings had under this Chapter shall be borne by the county, school district, city, town, or other municipal corporation in- stituting the proceedings necessary and required here- under; provided, however, that in the event the bonds or other evidences of indebtedness herein authorized shall be sold, such expenses shall be deducted from the proceeds of the sale of such bonds or other evidences of indebtedness.
Par. 5285. Nothing in this Chapter contained shall be construed to prevent any county, school district, city, town, or other municipal corporation from creating an indebtedness not exceeding four per centum of the value
SCHOOL LAWS OF ARIZONA. 105
of the taxable property in such county, school district, city, town, or other municipal corporation ; provided, that if such county, school district, city, town, or other munici- pal corporation shall desire to fund such indebtedness by the issuance of bonds therefor, said bonds shall be issued in all respects in conformity with the provisions of this Chapter; and, provided, further, that it will not be necessary to hold the election required to be held herein; provided, that bonds may be issued under the provisions of this Chapter, for the construction and re- construction of roads, bridges and highways; for the construction of public buildings, and for any other lawful or necessary purpose. The enumeration of the above mentioned purposes shall not be deemed as restrictive of the right to issue bonds for other purposes, but rather in furtherance thereof. In case any county in the State of Arizona shall have called or held an election for the issuance of bonds, as herein provided, prior to the becoming effective of the provisions of this section, said election shall be and is hereby deemed to have been called and held pursuant to the provisions of this Chap- ter, and the bonds that may be hereafter issued to such election, shall be, in all respects, as valid and legal as though the provisions of this section had been in force at the time of said election.
106 SCHOOL LAWS OF ARIZONA.
THIRD STATE LEGISLATURE. SENATE BILL NO. 10.
AN ACT
TO PROVIDE THE PROCEDURE FOR THE ISSUANCE AND SALE OF BONDS BY BOARDS OF TRUS- TEES OF SCHOOL DISTRICTS FOR THE PUR- POSE OF RAISING MONEY TO PURCHASE OR LEASE SCHOOL LOTS; TO BUILD SCHOOL HOUSES AND SUPPLY SAID SCHOOL HOUSES WITH FURNITURE AND APPARATUS AND IM- PROVE THE GROUND OF SAID SCHOOL HOUSES; AND TO LIQUIDATE OR VALIDATE ANY INDEBTEDNESS ALREADY INCURRED FOR SUCH PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
Section 1. The procedure for the issuance and sale of bonds by Boards of Trustees of school districts for the purpose of raising money to purchase or lease school lots, or to build school houses and supply them with furniture and apparatus or to improve the grounds of said school houses, or to liquidate or validate any indebtedness already incurred for such purposes, shall be solely in conformity with paragraphs 2736 to 2749, both inclusive, of the Civil Code, Revised Statutes of 1913; provided, that the procedure for the issuance of such bonds shall be solely in conformity with Chapter II, Title 52, Civil Code, Revised Statutes, 1913, when- ever the amount thereof shall, together with other in- debtedness of the school district, exceed four per centum of the valuation of the taxable property of such school district, to be ascertained by the last assessment for state and county purposes previous to incurring such in- debtedness.
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Section 2. All bonds or other evidences of indebt- edness heretofore authorized to be issued and sold by boards of trustees of school districts, or by boards of supervisors, or by both acting conjointly for the pur- pose of raising money to purchase or lease school lots, or to build school houses and supply them with furni- ture and appratus, or to improve the grounds of said school houses, or to liquidate or validate any indebted- ness already incurred for such purposes, are hereby de- clared legal and valid for the purpose for which such bonds were authorized to be issued and sold; and the approval and authorization heretofore given by the board of trustees of any school district or the board of super- visors of the county in which such school district is situated, shall in any action or proceeding instituted under the provisions of this act, be taken to be con- clusive evidence of the legality of such bonds, or other evidence of indebtedness, and of all acts and things done in the premises in relation thereto in the matter of the authorization and the issuance or sale of said bonds or other evidence of indebtedness.
Section 3. All acts and parts of acts in conflict with this act are hereby repealed.
TITLE XIV.
EMPLOYMENT AND EMPLOYERS. CHAPTER II.
(Chap. 41, Laws 1913, Third Special Session.)
Entitled an Act Regulating the Employment of Women
and Minors.
Par. 3110. No child under fourteen (14) years of age shall be employed, permitted, or suffered, to work in, about or in connection with any mill, factory, workshop, or mercantile establishment, tenement-house, manufac-
108 SCHOOL LAWS OF ARIZONA.
tory or workshop, store, business office, telegraph or telephone office, restaurant, bakery, barber shop, apart- ment house, bootblack stand or parlor, or in the distrib- ution or transportation of merchandise or messages; pro- vided, that boys over ten and under fourteen years of age may be licensed, by the board of trustees of the school district where such child resides, to sell papers or engage in other work outside of school hours when in the judgment of said board said work will not be harm- ful to the boy either physically of morally.
Par. 3111. It shall be unlawful for any person, firm or corporation to employ any child under fourteen (14) years of age in any business or service whatever during the hours in which the public schools of the dis- trict in which the child resides are in session.
Par. 3112. No child under the age of sixteen (16) years shall be employed, permitted, or suffered, to work at any of the following occupations or in any of the fol- lowing positions : Sewing machine belts in any workshop or factory, or assisting in any capacity whatever; ad- justing any belt to any machinery; oiling, wiping, or cleaning machinery, or assisting therein; operating or assisting in operating circular or band saws, wood shapers, wood jointers, planers, sandpaper or wood polishing machinery, picker machines, machines used in picking wool, machines used in picking cotton, machines used in picking hair, machines used in picking any up- holstering material, paper lacing machines, leather bur- nishing machines, burnishing machines in any tannery or leather manufactory; job or cylinder printing presses operated by power other than foot power, emery or pol- ishing wheels used for polishing metal, wood turning or boring machinery, stamping machines used in sheet- metal and tinware manufacturing, stamping machines in washer and nut factories, corrugating rolls such as are
SCHOOL LAWS OF ARIZONA. 109
used in roofing and wash board factories; steam boilers, steam machinery or other steam-generating appratus, dough brakes or cracker machinery of any description, wire or iron straightening machinery, rolling mill ma- chinery, punches, or shears; washing, grinding or mix- ing mills; calendar rolls in rubber manufactuaing, laundering machinery.
Par. 3113. No child under the age of sixteen (16) years shall be employed, permitted, or suffered to work in any capacity in, about, or in connection with, the pre- paring of any composition in which dangerous of poison- ous acids are used, manufacture of paints, colors, or white lead; dipping, drying, or packing matches; manu- facture of goods for immoral purposes; nor in, about, or in connection with any mine, coal breaker, quarry, smelter, ore reduction works, laundry, tobacco ware- house, cigar factory, or other factory where tobacco is manufactured or prepared, distrillery, brewery, or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped, or bottled ; hotel, thea- ter, concert hall, drug store, saloon, or place of amuse- ment, nor in operating any automobile, motor car or truck; nor in bowling alley, nor in any other employ- ment declared by the State Board of Health to be dan- gerous to lives or limbs, or injurious to the health or morals of children under the age of sixteen (16).
Par. 3114. The State Board of Health may from time to time determine whether or not any particular trade, process of manufacture, or occupation, or any particular method of carrying on such trade, process of manufacture, or occupation, is sufficiently dangerous to the lives or limbs, or injurious to the health or morals, of minors under sixteen (16) years of age employed therein to justify their exclusion therefrom, and may pro- hibit their employment therein.
110 SCHOOL LAWS OF ARIZONA.
Par. 3115. Females shall not be employed, permit- ted or suffered to work in any capacity where such em- ployment compels them to remain standing constantly. Every person who shall employ any female in any place or establishment mentioned in the first section of this chapter, shall provide suitable seats, chairs, or benches for the use of the females so employed, which shall be so placed as to be accessible to said employees; and shall permit the use of such seats, chairs, or benches by them when they are not necessarily engaged in the active duties for which they are employed, and there shall be provided at least two chairs to every three (3) females.
Par. 3116. No child under sixteen (16) years of age shall be employed, permitted, or suffered, to work in, about, or inconnection with, any place or establish- ment named in the first section of this chapter, unless the person, firm, or corporation employing such child procures and keeps on file, and accessible to any school attendance officer or inspector of factories, mercantile establishments, or mines, or other authorized inspector, an employment certificate as hereinafter prescribed; and keep two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal entrance of the place or establishment in which such children are employed.
Par. 3117. Inspectors of factories, mercantile es- tablishments, or mines, and other authorized inspec- tors and school attendance officers, may re.quire that the employment certificates and lists provided for in this Chapter shall be produced for their inspection.
Par. 3118. On termination of employment of a child whose employment certificate is on file, such cer- tificate shall be forthwith surrendered by the employer to the person who issued the same.
SCHOOL LAWS OF ARIZONA. Ill
Par. 3119. An employment certificate shall be is- sued only by the county, city, or town, superintendent of school of the county, city, or town, wherein the ap- plicant for such certificate resides, or by a person author- ized by him in writing, or where there is no superin- tendent of schools, by a person authorized by the school board.
Provided, that no member of a school board or other person authorized as aforesaid shall have authority to issue such certificate for any child then in, or about to enter, such person's own employment or the employment of a firm or corporation of which he is a member, officer, or employee.
Par. 3120. The person authorized to issue any em- ployment certificate shall not issue such certificate until he has received, examined,, approved, and filed the fol- lowing papers, duly executed.
(1.) The school record of such child properly filled out and signed, as provided in this Chapter.
(2.) A passport or duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of such child, or
(3.) The affidavit of, the parent or guardian or custodian of a child (which shall be required and valid, however, only in case no one of the above-mentioned proofs is obtainable), showing the place and date of birth of such child. Said affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to" administer such oath without demanding or receiving any fee therefor.
Par. 3121. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other officer charged with the duty of re-
112 SCHOOL LAWS OF ARIZONA.
cording births, shall be PRIMA FACIE evidence of the age of such child for the purposes of this Chapter.
Par. 3122. No employment certificate shall be is- sued until the child in question has personally appeared before and has been examined by the officer issuing the certificate; nor until such officer, after making such ex- amination, has signed and filed in his office a statement that the child can read and legibly write simple sen- tences in the English language, and that in his opinion the child is fourteen (14) years of age or upwards and has reached normal development of a child of its age, and is in sufficiently sound health and physically able to per- form the work which it intends to do, which shall be stated.
In all cases such normal development, sound health, and physical fitness shall be determined by a medical offi- cer of the Board or Department of Health or by a phy- sician appointed by the school committee.
Par. 3123. Every such employment certificate shall state the name, sex, the date and place of birth, of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the papers required by the pre- ceding section have been duly examined, approved, and filed, and that the child named in such certificate has appeared before the officer signing the certificate and has been examined.
Every such certificate shall be signed, in the pres- ence of the officer issuing the same, by the child in whose name it is issued. It shall show the date of its issue.
Par. 3124. The school record required by this Chapter shall be signed by the principal or chief execu- tive officer of the school which such child has attended,
SCHOOL LAWS OF ARIZONA. 113
and shall be furnished on demand to a child entitled thereto.
It shall contain a statement certifying that the child has regularly attended public school or schools equiva- lent thereto, or a parochial or private school or schools, for not less than one hundred and sixty (160) days dur- ing the year previous to his arriving at the age of four- teen (14) years, or during the year previous to apply- ing for such school record, and is able to read and legibly write simply (simple) sentences in the English language, and has received instruction equivalent to five yearly grades in reading, spelling, writing, English, grammar, geography, and is familiar with the fundamental opera- tions of arithmetic up to and including fractions.
Such school record shall also give the date of birth, the age, and the residence of the child as shown on the records of the school, and the name of its parent or guardian or custodian.
Par. 3125. The superintendent of schools or other person authorized to issue employment certificates shall transmit between the .first and tenth days of each month, to the office of the State Superintendent of Public In-. struction, upon blanks to be furnished by him, a list of the names of the children to whom certificates have been issued, and also a list of the names of the children to whom certificates have been refused, 'together with the ground for refusal. Such lists shall give the name of the prospective employer and the nature of the occu- pation the child intends to engage in.
Par. 3126. The State Superintendent or other authorized inspector or school attendance officer shall make demand on any employer in or about whose place or establishment a child apparently under the age of sixteen (16) years is employed, or permitted or suffered
114 SCHOOL LAWS OF ARIZONA.
to work, and whose employment certificate is not filed as required by this Chapter, that such employer shall either furnish him, within ten (10) days, satisfactory evi- dence that such child is in fact over sixteen (16) years of age, or shall cease to employ, or permit or suffer such child to work in such factory.
The inspector of factories or other authorized in- spector, or the school attendance officer, shall require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate, and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child.
Par. 3127. No child under the age of eighteen (18) years shall be employed, permitted or suffered to work in, about, or in connection with, blast furnaces, smelters, or ore reduction works, in the outside erection and re- pair of electric wires, in the running or management of elevators, lifts, or hoisting machines; in oiling hazardous and dangerous machinery in motion, at switch tending, gate tending, track repairing, as brakeman, fireman, engineer, motorman, conductor upon any railroads, in or about establishments where nitroglycerine, dynamite, dualin, guncotton, gunpowder or other high or danger- ous explosives are manufactured, compounded or stored ; nor in any othe%r employment declared by the State Board of Health to be dangerous to the lives or limbs or in- jurious to the health or morals of children under the age of eighteen (18).
Par. 3128. The State Board of Health may from time to time determine whether or not any particular trade, process of manufacture, or occupation, or any par- ticular method of carrying on such trade, process of man- ufacture, or occupation, is sufficiently injurious to the lives or limbs or injurious to the health or morals of
SCHOOL LAWS OF ARIZONA. 115
minors under eighteen (18) years of age employed therein to justify their exclusion therefrom, and may pro- hibit their employment therein.
Par. 3129. No female shall be employed, permitted or suffered to work in or about any mine, quarry or coal breaker.
Par. 3130. In incorporated cities and towns no per- son under the age of twenty-one (21) years shall be em- ployed, or permitted to work, as a messenger, for a tele- graph or messenger company in the distribution, trans- mission, or delivery of goods or messages before 5 o'clock in the morning or after 10 o'clock in the evening of any day.
Par. 3131. No boy under the age of sixteen (16) years and no girl under the age of eighteen (18) years shall be employed, permitted, or suffered, to work at any gainful occupation other than domestic service or work on a farm more than forty-eight (48) hours in any one (1) week, nor more than eight (8) hours in any one (1) day; or before the hour of 7 o'clock in the morn- ing or after the hour of 7 o'clock in the evening. The presence of a child in any establishment during working hours shall be PRIMA FACIE evidence of its employ- ment therein.
Par. 3132. Every employer shall post in a conspicu- ous place in every room where any boy under the age of sixteen (16) years or any girl under the age of eight- een (18) years is employed, permitted, or suffered to work, a printed notice stating the hours required of them seach day of the week, the hours of commencing and stopping work, and the hours when the time or times allowed for dinner or for other meals begin and end. The printed form of such notice shall be furnished by the inspector of factories or other authorized inspector,
116 SCHOOL LAWS OF ARIZONA.
and the employment of any minor for a longer time in any day so stated or at any time other than as stated in said printed notice shall be deemed a violation of the provisions of this Chapter.
Par. 3133. No male child under ten (10) and no female child under sixteen (16) years of age shall in any city of the first or second class, sell or expose or of- fer for sale newspapers, magazines, periodicals, or other merchandise in any street or public place. No child shall work as a bootblack in any street or public place unless he is over ten (10) years of age.
Par. 3134. Inspectors of factories and other au- thorized inspectors and school attendance officers may visit any place of employment mentioned in this Chap- ter, and ascertain whether any minors are employed therein contrary to the provisions hereof; and they shall report to the school authorities any cases of children under sixteen years of age discharged for illegal em- ployment; and school attendance officers shall also re- port the same to the inspector of factories or other au- thorized inspector.
It shall be the duty of factory and other duly au- thorized inspectors and school attendance officers to make complaints for offenses under this Chapter and prosecute the same.
This shall not be construed as a limitation upon the right of other person to make and prosecute such com- plaints.
Par. 3135. Whoever employs any child, and who- ever having under his control as parent, guardian, or otherwise, any child, permits or suffers such child to be employed or to work in violation of any of the provisions of this Act, shall for such offense be fined not less than Five Dollars ($5.00) nor more than Two Hundred Dollars
SCHOOL LAWS OF ARIZONA. 117
($200.00), or be imprisoned for not less than Ten (10) Days nor more than Thirty (30) Days, or both, in the discretion of the court.
Par. 3136. Whoever continues to employ any child in violation of any of the provisions of this Chapter, after being notified thereof by a school attendance officer, or an inspector of factories, or other authorized inspector, shall for every day thereafter that such employment con- tinues be fined not less than Five Dollars ($5.00) nor more than Twenty Dollars ($20.00).
Par. 3137. Any person, firm or corporation retain- ing an employment certificate in violation of Sec. 21 (Par. 3118) of this Title, shall be fined not less than Five Dol- lars ($5.00) nor more than Fifty Dollars ($50.00).
Par. 3138. Any person authorized to sign any cer- tificate, affidavit, or paper called for by this Chapter, who knowingly certifies to any materially false state- ment therein, shall be fined not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00).
Par. 3139. A failure by an employer to produce to a school attendance or factory officer or authorized in- spector any employment certificate or list required by this Chapter shall be PRIMA FACIA evidence of the illegal employment of any child whose employment cer- tificate is not produced or whose name is not so listed.
Par. 3140. In case any employer shall fail to pro- duce and deliver to a factory inspector or other author- ized inspector or school attendance officer, within ten (10) days after demand made pursuant to Sec. 29 (Par. 3126) of this Title, the evidence of age therein required and shall thereafter continue to employ such child or permit or suffer such child to work in such place or es- tablishment, proof of the giving of such notice and of
118 SCHOOL LAWS OF ARIZONA.
such failure to produce and file such evidence shall be PRIMA FACIA evidence of the illegal employment of such child in any prosecution brought therefor.
Par. 3141. Any child working in or in connection with any of the establishments or places or in any of the- occupations mentioned in either Sees. 13, 15, 16, 33 and 34 (Pars. 3110, 3112, 3113, 3127, 3129 and 3131), who- refuses to give to the factory inspector or other author- ized inspector or the school attendance officer his or her name, age, and place of residence, shall be forthwith con- ducted by the inspector or school attendance officer be- fore the judge of the juvenile court, or other proper mu- nicipal or police authority, for examination and to be dealt with according to law.
Par. 3142. Any employer who fails to post the printed notice required by Sec. 35 (Par 3132) of this Title, in the manner herein specified shall be fined not less than Ten Dollars ($10.00) nor more than Fifty Dol- lars ($50.00).
Par. 3143. Any superintendent of schools or other person issuing employment certificates who fails to com- ply with the provisions of this Chapter, shall be fined not less than Five Dollars ($5.00) nor more than Twenty- five Dollars ($25.00).
Par. 3144. Every employer who fails to provide suitable seats, chairs or benches, as provided in Sec. 18 (Par. 3115) of this Title, shall be fined not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00).
Par. 3145. Every employer who fails to procure and keep on file employment certificates or who fails to keep and post list, as provided in Sec. 19 (Par. 3116) of this Title, shall be fined not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00).
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THIRD STATE LEGISLATURE. SENATE BILL NO. 54. AN ACT.
TO PROVIDE FOR THE ORGANIZATION, CONTROL AND EQUIPMENT OF THE STATE NORMAL AND HIGH SCHOOL CADET COMPANIES, AND FOR THE PROMOTION OF RIFLE PRACTICE THERE- IN, AND MAKING AN APPROPRIATION THERE- FOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA.
Section 1. The male students of any state normal or high school in this state having thirty or more such students, fourteen years of age or over, shall be organ- ized into a cadet company or companies, of not less than thirty members each, under such rules and regulations as the normal and high school cadet commission may pre- scribe. Provided, that boys of fourteen years of age or over residing within the district of any high school com- ing under the provisions of this act, may be permitted to receive the benefits thereof under regulations to be pre- scribed by the state normal and high school cadet com- mission. Said cadet company or companies shall at all times be under the guidance and control of the principal of the said school, whose duty it shall be to make regula- tions regarding the moral, educational and physical wel- fare of said cadets.
Section 2. Said companies shall each have one cap- tain, one first lieutenant, one second lieutenant, and such non-commissioned officers and privates as correspond to the non-commissioned officers and privates of the infan- try companies of the National Guard of Arizona, all to be appointed by the principal of the school.
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Section 3. In case any school coming under the provision of this act has more than one company it shall have one cadet major, who shall be appointed by the principal; one cadet adjutant, and one sergeant-major, who shall be appointed by the major.
Section 4. The adjutant general of the state may issue commissions to such officers as may be recommend- ed by the principals of the said schools, and warrants to the non-commissioned officers shall be issued by the principals.
Section 5. Said cadets shall be drilled in accord- ance with the drill regulations prescribed by the United States army.
Section 6. Said cadets may wear a uniform or such distinguishing garb or insignia as may be prescribed by the normal and high school cadet commission.
Section 7. Any commissioned officer or non-com- missioned officer may have his commission or warrant cancelled, and be reduced to the ranks on recommenda- tion of, or by the principal of the school, for failing in his studies, or for misbehavior, either in school or in the cadet company, or for other good cause.
Section 8. A sufficient number of rifles suitable for drill purposes shall be purchased by the normal and high school cadet commission.
Section 9. Target practice shall constitute a part of the instruction to be given said cadets, and the normal and high school cadet commission shall purchase and supply to each of said schools a sufficient number of Krag-Jorgensen, or other efficient rifles, for field target work and for gallery practice, and such ammunition and equipment as in the judgment of the commission shall be necessary. All target practice shall be under the super-
SCHOOL LAWS OF ARIZONA. 121
vision of competent members of the National Guard of Arizona, detailed for that purpose by the Adjutant Gen- eral of the state.
Section 10. The Adjutant General of the state shall detail from the organization of the National Guard some competent member thereof who shall act as drill and rifle practice instructor for said cadet companies, in addition to the daily drill hereinafter provided. The Ad- jutant General shall provide for compensating person or persons detailed by him to instruct said cadets in drill and target practice.
Section 11. Whenever practicable said cadets shall be permitted to have practice upon the national rifle ranges, under the supervision of national guard instruc- tors.
Section 12. The adjutant general of the National Guard shall inspect said cadet companies at least once each year, and report thereon to the normal and high school cadet commission.
Section 13. The adjutant general shall provide suitable drill regulations, books of instruction, and the necessary blank forms for reports for each of said schools having a cadet company, relating to the drill, target practice, attendance, discipline, and condition of prop- erty of said cadet organization. On such reports the drill and rifle practice instructor as provided in Section 10 shall make reports semi-annually and shall forward said reports, one copy thereof to the state superintend- ent of public instruction, and one copy to the adjutant general's office, and shall bear the endorsement of the principal of said school, together with such remarks as the principal may deem pertinent.
122 SCHOOL LAWS OF ARIZONA.
Section 14. The principal of the school shall be responsible for all public property supplied to said cadet companies.
Section 15. All normal and high school boards,, boards of trustees, and the board of education, county superintendents of schools and the state superintendent of public instruction are hereby authorized, empowered and directed to facilitate the carrying out of this act by co-operating with the normal and high school cadet com- mission.
Section 16. To each student taking the course in military training, as herein provided, the same credits shall be allowed as are now allowed to the duties now prescribed by law and the school regulations, to devote not to exceed one-half hour each day to the giving of instructions in the manual of arms, to such company or companies as may be maintained in said school.
Section 17. In all schools having a company or companies of cadets, one of the faculty shall be quali- fied to impart military instruction and training and it shall be his duty, in addition to the duties now prescribed by law and the school regulation, to devote not to ex- ceed one-half hour each day to the giving of instructions in the manual of arms, to such company or companies as may be maintained in said school.
Section 18. In addition to the drill in the manual of arms provided for in the preceding chapter, the nor- mal and high school cadet commission shall determine and fix a minimum period of drill for each school month.
Section 19. For the purposes of carrying out and making effective the requirements of this act, there is hereby created a state normal and high school cadet commission, to consist of the state superintendent of pub-
SCHOOL LAWS OF ARIZONA. 123
lie instruction, the adjutant general of the state, and one citizen member who shall be appointed by the Governor, and shall serve without pay. The duties imposed by this act upon the superintendent of public instruction and the adjutant general shall be in addition to those now prescribed by law, and they shall receive no additional compensation as members of said commission. The sup- erintendent of public instruction shall be chairman and the adjutant general shall be the secretary of said com- mission.
Section 20. For the purposes of carrying out the provisions of this act, and defraying the expenses thereof, there is hereby appropriated out of the general fund of the state the sum of fifteen thousand dollars, one-half to be raised by tax levy for the fiscal years 1917-1918 and one-half by tax levy for the fiscal years 1918-1919 and the state auditor is hereby authorized and empowered to draw his warrant in such sum or sums as may be ap- proved by the said NORMAL SCHOOL AND HIGH SCHOOL CADET COMMISSION, signed by the chair- man and countersigned by the secretary, in accordance with the provisions hereof, and the state treasurer is hereby directed to pay the same out of any money or monies in the state treasury not otherwise appropriated.
124 SCHOOL LAWS OF ARIZONA.
THIRD STATE LEGISLATURE. SENATE BILL NO. 133. AN ACT.
TO ACCEPT THE BENEFITS OF AN ACT PASSED BY THE SENATE AND HOUSE OF REPRESENTA- TIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED TO PROVIDE FOR THE PROMOTION OF VOCATIONAL EDUCA- TION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA.
Section 1. The State of Arizona hereby assents to the provisions and accepts the benefits of an act passed by the Senate and House of Representatives of the United States of America in Congress assembled entitled: "An Act to provide for the promotion of vocational educa- tion; to provide for co-operation with the states in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its ex- penditure/' approved February 23, 1917, and will ob- serve and comply with all requirements of said act.
Section 2. The State Board .of Education is hereby designated as a state board for the purposes of the said act and is hereby given all necessary power to co-operate with the Federal Board of Vocational Education in the administration of the provisions of the act.
Section 3. The State Treasurer is hereby desig- nated as custodian for vocational education for the pur- poses of the said act, and shall receive and provide for
SCHOOL LAWS OF ARIZONA. 125
the proper custody and disbursement of moneys paid to the state from the appropriations of said act.
Section 4. For the purpose of meeting the require- ments of said Federal act, there is hereby appropriated out of the general fund of the state, a sum of money suf- ficient to meet the requirements of said act; provided, however, that said sum of money shall not be less than Fifteen Thousand ($15,000.00) Dollars annually.
THIRD STATE LEGISLATURE.
HOUSE BILL NO. 194.
AN ACT.
TO PROVIDE FOR THE REVISION AND COMPILA- TION OF THE SCHOOL LAWS OF THE STATE OF ARIZONA, AND THE APPOINTMENT OF THREE COMMISSIONERS TO CARRY OUT THE PRO- VISIONS OF THIS ACT, AND MAKING AN AP- PROPRIATION THEREFOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA.
Section 1. That the Governor of the State of Ari- zona, be and is hereby authorized and directed within ten days after the passage of this act, to appoint three commissioners, who shall be residents of the State of Ari- zona, and such commissioners when so appointed, shall be vested with power, authority and discretion, and it shall be their duty to compile, revise and codify the school laws of the State of Arizona.
Section 2. The said commissioners shall begin work on said revision, compilation and codification at the capitol of the State, within ten days after their appoint- ment and continue said work until it is completed, which
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time shall and must be before the first day of the next regular session of the legislature of the State of Arizona ; and upon completion of said work, they shall make their report to the Governor, who shall transmit the same to the legislature.
Section 3. The commissioners shall receive no com- pensation for their services; provided, however, that they shall receive necessary traveling expenses while specif- ically engaged in such work.
Section 4. It shall be the duty of the Secretary of State to furnish all necessary stationery and supplies, which may be required by the said commission in the per- formance of said work.
Section 5. In case of resignation, disability or death, of any member of said commission, the Governor is hereby empowered to appoint another commissioner.
Section 6. For the purpose of carrying out the pro- visions of this Act as herein set out, there is hereby ap- propriated the sum of Six Hundred ($600.00) Dollars; and upon presentation to the State Auditor, of verified claims certified by the commission of the respective amounts due the said commission, the State Auditor is hereby authorized and directed to draw his warrant in said amounts, and the State Treasurer is hereby author- ized and directed to pay said warrants.
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CHAPTER XII.
ACT NO. 49. (Old Laws Territory of Arizona.)
ADOPTING A TERRITORIAL ANTHEM. Be It Enacted by the Legislative Assembly of Arizona :
Section 1. That the following song be and the same is hereby adopted as the official song of the Territory of Arizona :
HAIL TO ARIZONA, THE SUN-KISSED LAND!
O Arizona, Sun-Kissed Land! Thy day of birth is near at hand! Upon thy Mountains' rugged crest, Thy native sons still call thee blest; Within thy Valley's broad domain, In love, thy foster children reign; Fair Land of gold and sunny peace, Of flower and vine and rich increase, Of cloud-kissed hills and wooded wold, Of countless mines and wealth untold.
CHORUS:
Hail! all hail to Arizona!
Sound her praise from sea to sea!
Land of sun and summer showers,
Land of grain and gold and flowers,
In Columbia's diadem
Of jewels rare thou'lt be the gem.
Hail to Arizona, the Sun-Kissed Land!
Primeval stands thy forest grand,
The ancient Zumi's fatherland,
Thy plain and lofty mountain round
Were many moons his hunting ground,
Unbosomed in thy sun's bright ray
His olden ruins slow decay;
Where once the tribes of Ishmael's band
Maraudins: wandered o'er the land,
The mighty "Phoenix" rose to fame
From the ashes of destruction's flame. (Chorus)
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Hoary with age, thou still art young,
Land of renown with praise unsung;
Nature with a master hand
Hath carved thy wondrous Canyon Grand;
Magician-like her wand she plied,
And lo! thy Forest Petrified;
From craggy peak of Castle Dome,
From Copper Queen to rich Jerome,
She pours her lavish treasure forth
In molten streams of priceless worth. (Chorus.)
Not all thy riches, glorious land,
Are due alone to Nature's hand,
For man with unremitting toil
Brings forth a bounty from the soil;
From vine-clad hills and limpid streams,
From fruitful vales, where plenty teems,
O'er verdant fields he points with pride,
Where flocks and herds are scattered wide,
To schools where art and skill combine,
To homes in love and truth enshrined. (Chorus.)
Proud Land, thy rock-ribbed hills record
The history of a mighty horde;
The onward trend of centuries old
Hath left its imprint strong and bold
On the hearts and lives of thy brave sons,
In the winsome grace of thy fairer ones;
Thy Riders Rough, a valient band,
With loyal hearts forever stand
To guard the flag that floats above
Thy homes where reigns content and love. (Chorus.)
Sec. 2. The Trustees of the various districts of the Territory are hereby required to furnish sufficient copies to their schools to enable the school children to learn and use said song as part of the musical exercises of their schools.
Sec. 3. This Act shall take effect and be in force from and after its passage. Approved March 16, 1901.
SCHOOL LAWS OF ARIZONA. 129
TITLE I. EXTRACTS FROM POLITICAL CODE.
Par. 154. Every officer must be of the age of twenty-one years and a citizen of the United States, and of this State.
Par. 155. No person shall be eligible to any of- fice, employment or service in any public institution in the State of Arizona, or in any of the several counties thereof, of any kind or character, whether by election, appointment or contract, unless before said election, ap- pointment or contract he shall be or have become a cit- izen of the United States.
Par. 156. By the word office and public institu- tion, as used herein, is meant any office br institution the salary or compensation of which to the person filling it is paid out of a fund raised by taxation.
Par. 157. Any board of supervisors, auditing offi- cer, treasurer or other person who shall allow, audit or pay any warrant or other certificate of indebtedness for services performed, contrary to two preceding sections, shall be liable for twice the amount so paid at the suit of any citizen of the county, if out of the county funds, or at the suit of any citizen of the state, if out of the state funds, to be recovered by action in any court of compe- tent jurisdiction, which sum, when recovered, shall be paid into the fund from which originally drawn and paid.
Par. 158. No person who cannot speak, write and read the English language shall be eligible to hold any state, county or precinct office in the State of Arizona, whether the same be elective or appointive, and no cer- tificate of election or commission shall issue to persons so disqualified.
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Par. 159. Every officer whose term is not fixed by law shall hold at the pleasure of the appointing power.
Par. 160. Every officer must continue to discharge the duties of his office, although his term has expired, until his successor has qualified.
EXTRACTS FROM PENAL CODE.
Sec. 213. Violence used to the person does not amount to assault or battery in the following cases :
In exercise of the right of moderate restraint or cor- rection given by law to the parent over the child, the guardian over the ward, the teacher over the scholar.
Sec. 214. In all cases mentioned in the preceding Section, where violence is permitted, to effect a lawful purpose only, the degree of force must be used which is necessary to effect such purpose.
Sec. 297. No minor under the age of sixteen (16) years shall be admitted at any time to, or permitted to remain in any saloon or place of entertainment where any spirituous liquor or wine, or intoxicating or malt liquors are sold, exchanged or given away, unless ac- companied by parent or guardian. Any proprietor, bar- tender, manager or other person in charge of such estab- lishment who shall admit such minor to or permit him to remain in any such place, unless accompanied by pa- rent or guardian shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not less than ten ($10) nor more than two hundred ($200) dollars, or by imprisonment not less than five (5) nor more than sixty (60) days, or by both fine and imprisonment.
Sec. 298. Every person who shall, directly or in- directly, knowingly sell, barter, exchange or give away
SCHOOL LAWS OF ARIZONA. 131
any intoxicating liquor to any minor shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than five (5) nor more than one hundred ($100) dollars, or by imprison- ment not less than twenty (20) nor more than ninety (90) days, or by both imprisonment and fine.
Sec. 299. It shall be unlawful for any person in the State of Arizona to sell, give or furnish or cause to be sold, given or furnished any cigars, cigarettes, ciga- rette papers, smoking or chewing tobacco of any kind or character to any person under the age of twenty-one (21) years, and it shall be unlawful for any minor in the State of Arizona to buy, accept or receive from any per- son, any cigars, cigarettes, cigarette papers, smoking or chewing tobacco of any kind or character.
Sec. 300. The violation of the preceding section shall be a misdemeanor, and the person guilty thereof shall be fined for each offense not less than ten (10) nor more than one hundred (100) dollars.
Sec. 301. Any person who, in the presence or hear- ing of any woman or child, in any public place in the State of Arizona, shall use vulgar or obscene language, or who shall use vile or abusive epithets of or to any other person in the presence of any woman or child, is punishable by a fine of not less than five (5) nor more than fifty (50) dollars, or imprisonment in the county jail not more than two (2) months.
Sec. 393. Any person who shall sell or give to any minor under the age of fourteen (14) years, or to any person for the use of such minor, any firearms, or toy pistols from which dangerous and explosive substances may be discharged, shall be deemed guilty of a misde- meanor.
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Sec. 687. Any parent, guardian or other person who shall insult or abuse any teacher in the presence of the school, shall be guilty of a misdemeanor, and be liable to a fine of not less than fifty (50) nor more than one hundred (100) dollars, or by imprisonment not ex- ceeding three (3) months.
Sec. 688. Any person who shall wilfully disturb any public school or school meeting shall be guilty of a misdemeanor, and be liable to a fine of not less than fifty (50) nor more than one hundred (100) dollars, or by imprisonment not exceeding three (3) months.
CHAPTER 55. (HOUSE BILL NO. 155.)
AN ACT
TO PROVIDE FOR THE ABOLITION OF COMMON TOWEL AND COMMON DRINKING CUP, AND PROVIDING PENALTY FOR THE VIOLATION OF THIS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
Section 1. It shall be unlawful for any person with- in the State of Arizona to provide or furnish a common towel or a common drinking cup which may be used by more than one person in any barber shop, public wash house, public lavatory, or any other public place.
Section 2. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and up- on conviction thereof, shall be liable of a fine not to ex- ceed Twenty-five Dollars ($25.00) for each offense.
Approved March 14, 1917.
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APPENDIX.
General Rules and Regulations for the Government of the Public Schools of the State of Arizona, Adopted by the State Board of Education.
(Under the Revised Statutes of Arizona, Par. 2697, Civil Code.)
1. Teachers are required to be present daily at their respective school rooms and to open them for the admission of pupils at least twenty minutes before the time prescribed for commencing schools and to observe punctually the hours for opening and closing school.
2. The daily session shall commence at 9 o'clock a. m. and close at 4 o'clock p. m. with intermission at noon of one hour from 12 m. to 1 o'clock p. m. There shall be allowed a recess of twenty minutes in the fore- noon session — from 10:40 to 11 o'clock; and recess of twenty minutes in the afternoon session — from 2:40 to 3 o'clock. When boys and girls are allowed separate recesses, fifteen minutes may be allowed for each recess. Providing local condition justify it, such readjustments of the time may be made as will best suit such local con- ditions, provided the full time required herein for school work be taught.
3. In graded primary schools in which the average
age of the pupils is eight years, the daily session shall not exceed four hours a day, exclusive of the intermis- sion at noon and exclusive of recess. If such schools are opened at 9 o'clock a. m., they shall be closed at 2 o'clock p. m. In ungraded schools all children under eight years of age shall be either dismissed after four hours' session, or allowed recesses for play of such length that the actual confinement in the school room shall not exceed three hours and a half.
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4. A pupil detained at recess shall be permitted to go out immediately thereafter. All pupils, except those detained for punishment, shall be required to pass out of the school room at recess, unless it would accasion an ex- posure of health.
5. Teachers are particularly enjoined to devote their time faithfully to a vigilant and watchful care over the conduct and habits of the pupils during the time for relaxation and play before and after school and during the recesses, both in the school buildings and on the play grounds.
6. It is expected that the teachers will exercise a general inspection over the conduct of the scholars going to and returning from school. They exert their influence to prevent all quarreling and disagreements, all rude and noisy behavior in the streets, all vulgar and profane lan- guage, all improper games, and all disrespect to citizens and strangers.
7. Teachers shall prescribe such rules for the use of yards, basements and outbuildings connected with the school houses as shall insure their being kept in a neat and proper condition, and shall examine them as often as may be necessary for such purpose. Teachers shall be held responsible for any want of neatness and cleanli- ness about their school premises.
8. Teachers shall give vigilant attention to the ven- tilation and temperature of their school rooms. At each recess the windows and doors shall be opened for the purpose of changing the atmosphere of the room. Teach- ers are required to exercise reasonable supervision over the text-books of the pupils, to inspect the same from time to time and prevent their defacement or wanton destruc- tion.
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9. Teachers shall enter in the school register the names of all those admitted to the school.
10. No pupil shall be allowed to retain connection with any public school unless furnished with books, tab- lets, and other utensils required to be used in the class to which he belongs, provided, that no pupil shall be exclud- ed for such cause unless the parent or guardian shall have been furnished by the teacher with a list of books or ar- ticles needed, and one week shall have elapsed after such notice without the pupil obtaining said books. Books may be furnished to indigent children by the Trustees at the expense of the district, whenever the teacher shall have certified in writing that the pupil applying is unable to purchase such books.
11. Any pupil who shall in any way cut or other- wise injure any school house, or injure any fences, trees or outbuildings belonging to any of the school estates, or shall write any profane or obscene language, or make any obscene pictures or characters on the school premises shall be liable to suspension, expulsion or other punishment ac- cording to the nature of the offense. The teacher may suspend a pupil temporarily for such offense, and shall notify the Trustees of said action. All damages done to school property by any of the pupils shall be repaired at the expense of the party committing the trespass. Within one week of any damage to school property, teachers shall notify the Trustees or be held personally responsible.
12. All pupils who go to school without proper at- tention having been given to personal cleanliness or neat- ness of dress may be sent home to be properly prepared for school or shall make such preparation as the teacher may direct before entering. Every school room shall be provided with wash basin, soap and towels.
13. No pupils affected with any contagious disease shall be allowed to remain in any of the public schools.
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14. The books used and the studies pursued shall be sueh, and such only, as may be authorized by the Board of Education ; and .no teacher shall require or advise any of the pupils to purchase for use as text in the schools any book not contained in the list of books directed and au- thorized to be used in the schools.
15. Upon the requisitions of a superintendent, prin- cipal or teacher the District Clerk, under the provisions of Section 69 of the Regular Session Laws of the First Legislature of the State of Arizona, shall furnish such sup- plies as may be necessary for the comfort, convenience, and cleanliness of the school room, including the follow- ing supplies, viz: Clocks, brooms, dusting cloths, wash basins, water buckets, drinking vessels, dustpans, matches, ink, ink bottles, pens, pen holders, pencils, cray- on chalk, handbells, coal buckets, or wood boxes, shovels, pokers, soap, towels, thermometers, door mats and scrapers.
16. Trustees are required to employ a suitable per- son to sweep and take care of the school house, and they shall make suitable provision for supplying the school with water.
17. The District Clerk, at the close of each term of school or whenever a teacher is discharged, shall certify on the back of the order for the last month's salary that the school register has been properly kept.
18. A teacher who is retired on a pension paid out of the State School Fund, cannot hold any other position in connection with the school system of the State.
RULES FOR PUPILS.
1. Every pupil is expected to attend school punctu- ally and regularly, to conform to the regulations of the school and to obey promptly all the directions of the
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school teacher; to observe good order and propriety of deportment; to be diligent in study; respectful to teach- ers and kind and obliging to schoolmates; to refrain en- tirely from the use of profane or vulgar language, and to be clean and neat in person and clothing.
2. All pupils who have fallen behind their grade by absence or irregularity of attendance, by indolence or in- attention, shall be placed in the grade below at the dis- cretion of the teacher.
3. No pupil shall be permitted to leave school at re- cess, or at any other time before the regular hour for clos- ing school, except as he is excused by the teacher. Pupils may be required by the teacher in all cases of absence or tardiness to bring an excuse in writing from a parent or guardian.
RULES FOR DISTRICT LIBRARIES.
1. The librarian appointed by the Trustees shall properly label and number each book in the district li- brary and keep a catalogue of the same, showing the title and number of each book.
2. The library shall be open for drawing and re- turning books (here insert such time as may be determin- ed by the Trustees and Librarian).
3. Every child attending school shall be entitled to the privileges of the library ; but when the number of books is insufficient to supply all the pupils, the librarian shall determine the manner in which books may be drawn.
4. No person shall be entitled to two books from the library, and no family shall draw more than one book while other families wishing books remain unsupplied.
5. No person shall loan a library book to anyone out of his own house under a penalty of fifty cents for each offense.
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6. No person shall retain a book from the library more than two weeks under a penalty of ten cents for each day he may so retain it, and no person may draw the same book a second time while any other person wishes to draw it.
7. Any person losing or destroying a library book shall pay the cost of such book and a fine of fifty cents, and any person injuring a book by marking, tearing or unnecessarily soiling it, shall be liable to a fine of not less than ten cents nor more'than the cost of the book, to be determined by the librarian.
8. Any person refusing or neglecting to pay any penalty or fine shall not be allowed to draw any book from the library.
9. The librarian shall report to the Trustees quar- terly the amount of fines imposed and collected and the amount received for membership dues, and all moneys ac- cruing from these sources shall be expended for the pur- chase or repair of books.
10. Any person other than pupils attending resident in the school district, may become entitled to the privi- leges of the school library by the payment of an annual or monthly fee, as prescribed by the Trustees.
GRADE OF SCHOOLS, ETC.
1. The Board of Education has not adopted a full list of text-books for use in the advanced course, and un- til such adoptions have been made, Boards of Trustees are at liberty to make their own selection; subject, how- ever, to the approval of the County School Superintend- ent. The County Superintendent will endeavor to have uniformity of texts in all schools of this class in his county.
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2. The course of Study for advanced grades as changed by the Board of Education, September 7, 1912, reads as follows:
FIRST YEAR.
Elementary Algebra 8 Months
Physical Geography 8 Months
Rhetoric and Composition 8 Months
Bookkeep;ng, or Latin or any modern langaage..8 Months
SECOND YEAR.
Arithmetic 4 Months (or Latin or any )
. ,.. , C 8 Months
Physiology 4 Months ^modern language $
Geometry 8 Months
English 8 Months
General History or Ancient History 8 Months
REGULATIONS.
RELATING TO THE USE OF FREE TEXT-BOOKS.
The text-books that are to be loaned to the school children of the state, are the property of the state.
Books are issued to pupils regularly enrolled in the public schools of this state and when returned must be in as good condition as when received except for ordinary wear.
Books must be returned at the close of the school year, whenever pupils leave school, or a school district or whenever a demand for the return of the books is made by the proper authority.
A book must not be taken from the school room ex- cept by special permission of the teacher in charge and on the presentation to the teacher of a proper request from the parent or guardian of the pupil to whom the book has been issued.
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No writing or other marking on any page, leaf or cover of a book is permitted. If a book shows any such marks or is unduly soiled or has any torn or missing leaves or mutilated cover, damages must be paid by parties us- ing the book.
A book must not be loaned by a pupil to any other party. Every pupil in school must be provided with a full set of the required books. Each pupil will be held personally responsible for his own books.
If a book is lost or destroyed, the pupil to whom the book was issued must at once provide himself with another.
Any pupil failing to return a book when demanded to do so by proper authority, or failing to pay for any damaged, lost or destroyed book, shall forfeit his right to a demit card, in which case he cannot again avail him- self of the privileges of the free text-book act in this state till such book is returned or paid for.
No books shall be issued to any pupil coming from any other school in this state except on the presentation of a demit card from the school he has been attending. When the books are issued to a pupil presenting such demit card the demit card shall be kept by the teacher or person issuing such books and placed on file.
School Boards must be prompt in collecting assess- ments on books.
School Boards may destroy text books furnished them by the State only on the order of a County School Superintendent.
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REGULATIONS COVERING THE DISTRIBUTION OF FREE TEXT-BOOKS.
The clerk of the board of trustees in each school dis- trict is requested to prepare in triplicate, on blanks pro- vided for that purpose, a list of all text-books needed in his district for the ensuing year. The clerk will keep on file one of these lists and, on or before the first day of April, he will forward the other two lists to the County Superintendent of Schools.
The County Superintendent of Schools shall place on file in his office one of these lists of text-books and for- ward the other list to the Secretary of the State Board of Education on or before the 15th day of April. The Coun- ty Superintendent of Schools shall at the same time for- ward to the Secretary of the State Board of Education an additional list of all the extra text-books that may be needed in his county for the ensuing year, including a complete set of all the text-books furnished, for use in his office.
The Secretary of the State Board of Education shall, on receipt of the text-book list from all the County Sup- erintendents of the Schools of the State, proceed to fur- nish such books by directing the same to be shipped to such depositor or depositors as the State Board of Educa- tion may designate and certify the cost of all such books to the State Auditor, who will draw his warrant in favor of such depositor or depositors in payment therefor on the State Treasurer, who will pay such warrants out of any unappropriated moneys in the state school fund.
The Secretary of the State Board of Education shall on or before the first day of May furnish the depositor or depositors with a list of all the text-books required in each school district in the state, together with the name and address of the clerk of the board of school trustees in each
142 SCHOOL LAWS OF ARIZONA.
district and the name and address of the County Super- intendent of Schools of each county.
The depositor or depositors shall furnish an accept- able bond for such sum as the State Board of Education may require, and shall be held responsible for all books held by them in storage, and shipped by them till said books have been delivered at the proper destination and accepted by the proper parties.
The depositor or depositors shall, not later than the first day of August, deliver at the proper destination to the County Superintendent of Schools or a proper party in care of the County Superintendent of Schools all books required in any district for the ensuing year, as shown by the list of text-books, furnished by the Secretary of the State Board of Education.
Such delivery shall be without cost to the district, county or state, and shall in all cases be defrayed by the depositor or depositors sending the books.
The County Superintendent of Schools of each coun- ty and the clerk of the board of school trustees of each district shall be notified by the depositor when the books are shipped to such county and school district.
The clerk of the board of school trustees shall, im- mediately on ,receipt of the books sent to his district check the same and receipt for same to the County Sup- erintendent of Schools.
The board of school trustees in each district shall fur- nish a suitable book case or cabinet, provided with a door, lock and key, in which all the books allotted to their dis- trict shall be kept, and shall pay for the same out of the general school funds of the district. The board of school trustees of each district shall be held responsible for the safe keeping and good care of all books furnished under the provisions of the free text-book act.
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Before any book is delivered to a pupil a label, fur- nished by the Secretary of the Board of Education, shall be securely pasted on the inside of the front cover of the book.
The clerk of the board of trustees shall have charge of the distribution and collection of all the text-books fur- nished to his district, but he may delegate the distribution and collection of said books to the superintendent, prin- cipal or teacher of the school district.
Whenever a pupil presents himself for enrollment in the school he shall be furnished with a requisition card which must be properly filled out and signed by the pa- rent or guardian of the pupil and presented to the teacher before any text-book will be delivered to the pupil. On the presentation of the requisition card properly filled out and signed as directed above, there shall be issued to such pupil all the books required by him in his grade or class. Before the books are delivered to the pupil, the number of the book, the grade, the cost, the date the book is received by the pupil, the date it is returned, the condi- tion of the book at the time delivered and its condition at the time it is returned, together with the name of the pupil shall be written or stamped, and date of in the proper spaces on the label.
The requisition cards referred to above shall be kept on file by the teacher till all books have been collected at the close of the school year. A record shall be kept of the distribution and collection of all books. Such record shall state the name of the pupil to whom books have been issued, the names of the books, grades, number of the books, date of issue and date of return of the books, books lost, books sold, money collected and delinquencies.
No pupil shall be permitted to remove any book from the school room except on request from the parent
144 SCHOOL LAWS OF ARIZONA.
or guardian of the pupil properly made on a blank pro- vided for that purpose. One request is sufficient to en- title the pupil to take home any of his books for the re- mainder of that school term, provided, however, that the pupil returns all such books to the school room on his next return to school. Failure to do so will causa the pupil to forfeit his right to take home any of said books. Provid- ed, further, that if the teacher deems it advisable to not permit pupils to take home any book or books then such pupils must at all times leave their books in the school room.
Pupils shall be held responsible for all books issued to them and if any book is lost or destroyed the pupil or his parent or guardian must pay for the same before a second book will be issued to him. School boards must be prompt in collecting assessments on books damaged, lost or destroyed by pupils.
At the end of the school year, or whenever a pupil withdraws from the school, all books must be returned to the custody of the teacher or other person delegated to receive the same. All such books must be in good con- dition and if any book is missing or is damaged beyond a naiteral wear, the pupil or his parent or guardian must pay for such book before a demit card will be issued to such pupil.
At the close of the school year, or whenever a pupil withdraws from school, a demit card will be issued to such pupil, provided all books issued to him have been returned in good condition and he is not in arrears for any book lost, destroyed or damaged. This demit card will entitle the pupil to again avail himself of the provisions of the free text-book act when he again enters school in the same or any other school district in the State of Arizona. No free text-books shall be issued to any pupil from any other
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school in the State of Arizona, except on the presentation of a properly executed demit card from the school he has left.
Parties not desiring the use of free text-books may purchase books on free lists from the school boards of the state, or parties delegated by them, paying thereon the wholesale contract prices. These prices will be listed and sent to all the schools of the state.
All moneys received for lost or damaged books shall be delivered to the clerk of the board of school trustees. The clerk of the board of school trustees shall not later than ten days after the close of the school in his district make a report to the County Superintendent of Schools, stating the number of books of each kind on hand in the schools of his county at the beginning of the year, the number received during the year, the number lost, des- troyed, consumed or sold, the number of pupils enrolled using each kind of book during the year, the requisition for the following year and all the money collected for sale of books or for damage or loss. The County Superintend- ent shall then remit all moneys thus received to the State Treasurer who shall deposit the same to the credit of the state school fund.
The County Superintendent of Schools shall not later than the 15th day of June make a report to the Secretary of the State Board of Education, stating the number of books of each kind on hand in the schools of his county at the beginning of the year, the number received during he year, the number lost, destroyed, consumed or sold, the enrollment of pupils, showing the number that have used each kind of book, the requisitions for his county for the following year and all the money collected for the sale of books or for damage or loss of books, and shall give the amounts thus collected remitted by him to the State Treasurer and the time such remittances were made.
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The books must be fumigated by the School Board on the date as provided for by law, and in conformity to the direction of the Sate Superintendent of Public Health. Copies of these instructions will be sent to all the schools of the state.
REGULATIONS FOR THE FUMIGATION OF SCHOOL
ROOMS AND TEXT-BOOKS.
(Prepared by Dr. R. N. Looney, State Superintendent of Health, and Adopted by the State Board of Education.)
Before beginning disinfection, the following require- ments should be complied with :
For every 1,000 cubic feet of space to be disinfected, the following materials and quantities should be used.
Formalin (40 per cent, solution of
formaldehyde) 1 pint
Water i/2 pmt
Potassium permanganate (fine crystals) ....1 pound
All holes, cracks and other external apertures should be sealed by pasting over them pieces of paper, or filling them with clean, damp, cotton rags.
Books should be hung upon lines stretched across the room for that purpose in such a manner as to sepa- rate the pages.
Windows should be securely closed, but left unlock- ed in order to admit of their being opened from the out- side after disinfection is complete.
*
The temperature of the room should in no case be below 60 degrees F. (preferably 70 degrees F. or above). If the atmosphere is unusually dry, the amount of mois- ture should be increased by sprinkling the room with water half an hour before beginning disinfection.
SCHOOL LAWS OF ARIZONA. 147
A large wash tub should be placed near the center of the room, conveniently situated so as to be seen through one of the windows. In this should be placed a tin or galvanized iron pail, of about ten or twelve quart capacity. When the room or house to be disinfected has been properly prepared in accordance with the above in- structions, the proper quantity of potassium permanga- nate should be placed in the pail. The solution of forty per cent, of formaldehyde, mixed with the water, should be placed in a tin dipper or other vessel convenient for pouring rapidly, and when everything is in readiness, it should be poured upon the crystals or permanganate of potassium contained in the pail. The operator should im- mediately leave the room, closing the door and stopping all cracks in the manner above indicated. This operation should be performed quickly, as the gas is generated very rapidly. The door should be locked, in order to prevent accidents, and the room or building, as the case may be, kept closed for at least eight hours. At the expiration of this time the windows should be opened from the outside and in the space of fifteen or twenty minutes the door may be opened, allowing the air to blow through the room.
Care must be taken not to place too much formal- dehyde in a single container, as the reaction is violent, and there is great effervescence and bubbling.
If the room is too large to be disinfected with one generator, use as many more as are required, and place in each only the quantity indicated above, as for 1,000 cubic feet of room space.
148
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TABLE OF CONTENTS
PAGE
Constitutional Provisions 6-13
Enabling Act 3-6
Aborculture 80
Appendix 133
Board of School Trustees 34
Clerks of School Boards 50
Code Commission 125
Commercial Branches 84
County School Superintendents 23
Deaf, Dumb and Blind of School Age 84
District Libraries 70
District Census Marshal 47
Employment of Women and Minors 107
Federal Aid 125
High Schools 51
Holidays 51
Improvement of School Property 87
Music and Drawing 81
Manual Training, Domestic Science and Kindergarten Courses 83
Military Training (Compulsory) 119
Pupils ; 63
Retirement of Teachers 69
School Districts 28
Schools 51
School Elections 32
State and County School Tax 70
State, County and Municipal Indebtedness 91
Superintendent of Public Instruction 19
State Board of Education 15
State Board of Examiners 17
Teachers 66
Teachers' Certificates : 18
Teachers' Institutes , 27
Text Books 76
United States Flag 82
University Scholarship 90
INDEX
Page Paragraph ANTHEM
Territorial (not obligatory under state law) ....127-128 AGRICULTURE
Teaching of in High and Normal Schools 60-63 2791-2797
APPENDIX
General Rules and Regulations of State Board
of Education 133-147
Miscellaneous Forms for Blanks 150-156
Regulations Relating to Free Text-Books 141-147
Official List of Text-Books 148-149
APPORTIONMENT
By County School Superintendent 23 2708
By County School Superintendent 74 2821
District Not Entitled to, When ~ 75 2821
For State Aid to Counties 20 2705
For State Aid to Counties 82 2845
New District Entitled to, When 75 2822
Of Joint Institute Expense '. 27 2714
To District Devasted by Fire, etc 76 2824
APPROPRIATION
For Text-Books, Out of State School Fund 76 2825
For Teaching of Agriculture, etc., Out of Gen- eral Fund of State 61 2794
For Education of Deaf, Dumb and Blind 84 2854
For Blind Under School Age 87 2862
For Retired Teachers, Out of State School
Fund 69 • 2812
ARBOR DAY
Course of Exercises 81 2840
Observed How 80 2839
Observed When 80 2837
Proclamation, Made by Whom 80 2838
ATTORNEY GENERAL OF THE STATE
To Approve Form of Bond 77 2828
To Approve Forms of Contracts 79 2832
IV
BLIND CHILDREN
INDEX B
Page Paragraph
Care and Education of, etc 84- 86 2854-2858
Care and Education of, etc. 86- 87 2859-2863
BOARD OF EDUCATION, STATE
To Adopt Regulations, etc., Covering State Aid
to High Schools 63 2796
Care of Deaf, Dumb and Blind 84- 87
Meetings of 15 2696
Members of 15 2694
Powers and Duties of 15 2697
To Buy Books for the Schools 76 2826
To Consider Bids for Books 77 2827
To Designate High School "Entitled to State
Aid 60 2791
To Direct Retirement of Teachers 69 2810
To Enter Into Contract With Publishers 77 2828
To File Copies of Orders to Retired Teachers 69 2811 To Fix Qualifications of Instructors in Special
Subjects 60 2792
To keep Record of Teachers' Pensions 69 2811
BOARD OF EXAMINERS, STATE
Meetings of 17 2700
Members of .«; 17 2698-2699
Powers and Duties of 17 2701
Salary of Members 18 2703
BOARD OF SCHOOL TRUSTEES
Appointed, When 25 2708
Election of for Single Districts 32- 34 2726-2732
Election of for Consolidated Districts 30- 31 2723
Duties Under Act Limiting Indebtedness for
School Districts, etc 91-105
Liable for Salary of Teachers 47 2753
Liability When Failing to Appoint Census
Marshal 46 2752
May Authorize Instruction in Manual Train- ing, Domestic Science and Kindergarten 83 2848
May Authorize Teaching of Commercial
Branches 84 2852
May Authorize Teaching of Music and Drawing 81 2841
May Call Election for Changing Location of
School Houses, etc 38 2736
May Admit Children of Non-resident and
Adults 51 2768
May Employ Teachers in Special Subjects 36 2733
May Establish School District Libraries 70 2813-2814
May Excuse Child from Attending School 64 2802
INDEX
Page Paragraph
May Petition for Establishment of High School 52 2771
May Petition for Cancellation of Unsold Bonds 45 2749
May Make Segregation of Groups of Pupils 46 2750
May Maintain Vacational Schools 45 2750
May Levy Special Assessment for Improve- ments 87 2864
Meetings to Instruct Board 38 2734-2735
One of the Board to Act as Assessor and
Collector 89 2865
Penalty for not Fumigating Text-Books 79 2834
Powers and Duties of <. 34 2733
Shall Purchase and Display U. S. Flag 82 2843
To Enforce the Use of Text-Books and Course
of Study 36 2733
To Improve School Property 87- 89 2864-2865
To Canvass Bond Election Returns 40 2740
To Call Election to Determine Whether Chil- dren Shall Be Transported to School 38 2736
To Call Election for Purchase or Sale of
School Sites, etc., When 38 2736
To Call Election for Bonding District 39 -2736
To Exclude Children, When 51 2768
To Expend School Funds, How 46 2751
To File Estimate of Money Needed for District 71 2817
To Fix Compensation of Census Marshal 49 2763
To Maintain School, How Long 45 2750
To Segregate Colored From White Pupils 35 2733
To Use Three Per Cent, of School Funds for
Library , 70 2813
To Have Custody of Text-Books 79 2834
To Be Responsible for School Library 70 2814
To Use School Moneys for Salaries, etc. 46 2751
BONDS OF SCHOOL DISTRICTS
Amount of Levy Each Year 43 2747
Cancellation of 45 2749
Election Called, by Whom 38 2736
Election to Be Called, How .v... 40 2737
Election Notice to Contain, What 40 2738
Election Returns to Be Canvassed, By 40 2740
How to Levy and Collect, When Supervisors
Fail to Levy ...-. 44 2748
Interest Upon Deposits and Investments of
Sinking Funds 42 2744
Issuance of, etc., Under Act Limiting Indebt-
tedness of School District 91-107
Proceeds of Sale of 41 2742
Qualifications of Voter at Bond Election 40 2736
Rate of Interest of and Price of 41 2742
Supervisors to Issue 40 2740
Tax Levy for 40 2740
Time Limit of Payment of ,. 41 2741
vi
INDEX
Page Paragraph
Supervisors to Fix Form of and Time of Pay- ment of - 41 2741
Words on Ballot 40 2739
BOOKS, TEXT
Free Text-Books 76- 80
Official List of 148-149
Use of to Be Enforced 66 2805
School Officers Not to Act as Agents for 80 2836
C CENSUS MARSHAL
Compensation of .' 49 2763
County Superintendent May Order Census Re- taken 49 2762
How to Enumerate Children 48 2757
Report of, Must Show 47 2756
Penalty for Neglect of Duty 49 2763
Power to Administer Oaths 49 2761
To Enumerate the Deaf, Dumb and Blind 85 2855
Time for Taking the Census 47 2754
Time Limit for Making Report 47 2755
When to Report to Mayor 49 2760
When to Include in Report all the Inhabitants 48 2759
When to Make Report to Two Counties 48 2758
CERTIFICATE GRANTED TO TEACHERS
Second Grade, Primary, First Grade 18 2704
Life, Special Certificates 19 2704
Special Commercial 84 2853
Special Music and Drawing 81 2842
Special in Manual Training, Domestic Science
and Kindergarten 84 2850
Special in any Subject 19 2704
CHILDREN
Certificate of Employment 110 3116
Employment Certificates Issued, When.^ Ill 3119
Penalty for Failure^to Issue Employment Cer- tificates 1 118 3143
Penalty for not Procuring Employment Cer- tificate 118 3145
Penalty for not Posting Printed Notice..., 118 3142
Penalties (See Penalties)
Prima Facie Evidence of Age of Child Ill 3121
Unlawful to Employ Child Under 14 108 3111
CITY SUPERINTENDENT OF PRINCIPALS
Duties of, in the Employment of Minors 108-119
Districts May Jointly Employ 36 2733
Length of Term of Employment 36 2733
CLERKS OF SCHOOL BOARDS
Duties of 50 2764-2765
Code Commissioners .. ...125-126
INDEX
vn
COMMERCIAL BRANCHES Page Paragraph
Trustees Authorized to Employ Teachers of.... 84 2852
Certification of Teachers of 84 2853
COMPULSORY ATTENDANCE
Attendance Officer 35 2733
Compulsory School Age 64 2802
Child Must Attend Full Session ~ 64 2802
Child May Be Excused, When 64 2802
Evidence of Illegal Employment 117 3139-3140
Exceptions to Requirements 65 2802
Penalty If Child Is Illegally Employed 64 2802
Penalty for Not Sending Child to School 65 2303
Penalty for Attendance Officer's Neglect of
Duty 66 2804
Unlawful to Employ Child Under 16 Years of
Age During School Hours Without Permit.... 64 2802 COUNTY ATTORNEY
Duties of 73 2820
COUNTY SCHOOL SUPERINTENDENT
Apportionment to Districts 74 2821
Dismissed Teacher May Appeal to 67 2806
Duties of 23 2708
Duties of in the Employment of Minors 107-118
Liable for Drawing Illegal Warrants 67 2807
May Appoint a Teacher 26 2709
May Appoint a Deputy 26 2710
May Hold Joint County Institutes 27 2714
May Suspend District 75 2823
May Require Trustees to Make Repairs and
Abate Nuisances 26 2711
Must Not Draw Warrant for Teacher, When.... 67 2807
Shall Hold County Institute 27 2713
Shall Receive Petitions for Formation of New
Subdivisions of Old Districts 28 2720
Shall Receive Petitions for Change of Boun- daries of School Districts 29 2722
Shall Receive Petitions for Consolidation of
Districts 30 2723
To Conduct Examination for Contestants for
University Scholarship 90- 91
To Appoint Members of High School Board of
Education 54 2776
To File Transcripts Showing Boundaries of
Districts 29 2721
To Call Elections for Consolidation of Dis- tricts 30 2723
To Make Estimates of Amounts Required for
School Purposes 71 2818
To Transmit List of Employed Children 113 3125
To Receive Petitions to Establish High Schools 52 2771 To Notify Trustees of Change of Boundaries, -
etc „ 29 2721
To Keep Account of Expense of Institute 28 2718
Vlll
INDEX
Page Paragraph To Make Estimate for Transporting Children,
etc 38 2736
Terms of Office of 27 2712
D DEAF, DUMB AND BLIND 84- 87
DOMESTIC SCIENCE
Additional Tax for ! y. 82 2849
Certification of Teachers of 84 2850
May Be Taught in Public Schools 83 2847
No Tuition 84 2851
Teaching of in High and Normal Schools 60 2791
E ELECTION
Annual (Regular) 32- 34 2726-2732
Canvass of Returns of Bond Election. 40 2740
For Special Assessment for Improvements 87- 89 2864-2865
For Sale of School Sites, etc 38 2736
For Establishing High Schools 51- 60
For Consolidation of Districts 30- 31 2723
Form of Ballot for Bonds 40 2739
Notice for Bond Election 40 2737-2738
Publication of Bond Election 40 2737
Under Chapter II, State, County and Muni- cipal Indebtedness 91-105
EMPLOYMENT ACT
The Employment of Women and Minors 1..107-119
EXAMINATIONS, FOR TEACHERS
For First and Second Grade Certificates 18 2704
For Life Certificates 19 2704
For Manual Training, Domestic Science and
Kindergarten 84 2850
For Music and Drawing 81
For Commercial Branches v 84 2853
G GOVERNOR
May Request Suit on Bond 79 2833
To Make Proclamation 80
H HIGH SCHOOLS
Union 51- 56
In Single Districts 53- 55
County 51- 60
State Aid . 60- 63
HOLIDAYS , 51 2767
I
IMPROVEMENT OF SCHOOL PROPERTY 87- 90
- INDEBTEDNESS, STATE, COUNTY, MU- J
KICIPAE .. ... - - 91-106
INDEX ix
INSTITUTE Page Paragraph County School Superintendent to Secure Lec- tures for 23 2708
Expense of Joint Institute, Apportioned 27 2714
Fund for, How Provided 28 2718
Length of Session 27 2716
Mileage of Teachers, Paid When 28 2717
Must Be Held 27 2713
Schools to Be Closed 27 2715
Superintendent to Preside 24 2708
Teachers to Attend 27 2713
Teacher's Attendance Certified 27 2717
Teachers Paid for Attending 27 2717
K KINDERGARTEN
Certification of Teachers of 84 2850
Course of Study 83 2848
Estimate of Tax for 83 2849
May Be Taught in Public Schools 83 2847
No Tuition 84 2851
L LIBRARIES
Amount of Money for Use of 70 2813
Controlled by 70 2814
Rules for v 137-138
M MANUAL TRAINING
Additional Tax for 83 2849
Certification of Teachers of 84 2850
Course of Study 83 2848
May Be Taught in Public Schools 83 2847
No Tuition 84 2851
Teaching of in High and Normal Schools 60- 62
MEETINGS
Board of Education. 15 2696
Board of Examiners 17 2700
For Change of Text-Books 25 2708
Of County School Superintendents 22 2705
Of School Trustees 35 2733
Of School Electors to Instruct Trustees 37- 38 2733-2735
Military Training, Compulsory 119-123
MINING
Teaching of in High and Normal Schools 60- 63
MUSIC AND DRAWING
Certification of Teachers of 81 2842
Teachers May Be Employed in 81 2841
N
NORMAL SCHOOLS
Teaching of Agriculture, etc., in .....:• 60- 63
INDEX P
Page Paragraph
PENALTIES
For Not Fumigating Text-Books 79 2834
For Neglect of Duty by Census Marshal 49 2763
For Not Procuring Employment Certificate.... 118 3145
For Not Posting Printed Notices 118 3142
For Illegally Employing Child or Permitting.... 116 3135
For Illegally Employing Child 64 2802
For Not Sending Child to School 65 2803
For Illegally Retaining Employment Certifi- cates 117 3137
For Signing False Statement or Certificate 117 3138
For Employed Child Refusing to Give to Of- ficer His Name. Age, etc 118 3141
For Employer Failing to Post Printed Notice 118 . 3142 For Employer Failing to Provide Suitable
Seats 118 3144
For Neglecting to File Certificates and Post
Lists 118 3145
For Continuing to Illeeally Employ Child 117 3136
Penal Code, Extracts From 130-132
Permitting Child to Be Illegally Employed 116 3135
Superintendent Failing to Comply With Pro- visions of Act 118 3143
When Attendance Officer Neglects His Duty 49 2763
POLITICAL CODE
Extracts from 129-130
PUPILS
Admission to School 61 2793
Any Pupil With Contagious Diseases, etc., to
Be Excluded 51 2768
Causes for Suspension or Expulsion.. 64 2800-?801
Compulsory School Aee 64 2802
Dutv of Attendance Officer T 66
Held Responsible for Damage or Loss of Bpoks 79 2834
May Attend Vacational School 45 2750
May Be Excused from Attending, When 64 2802
May Buy Books 79 2835
Must Comply With Regulations 63 2799
Penalty for Illegally Employing 64
Penalty for Keeping Child Out of School 65 2803
Rules for, by State Board of Education 136-137
Transportation of, to School 2736
R RETIREMENT OF TEACHERS ..... . 69- 70
SCHOOLS
Admission 51 2768
Days in Month 51 2767
High Schools 51- 63
Maintained at Least Eight Months 45 2750
INDEX xi Page Paragraph
Must Be Taught in the English Language 51 2769
Schools Closed, What Days 51 2767
Year to Begin and End, When 51 2766
Christmas Holiday Recess 51 2767
SCHOOL DISTRICTS
Can Not Pay Teacher Unless Holder of Cer- tificate 75 2821
Election to Consolidate 30- 31 2723
Elections (Single Districts) 32- 34
Formed by Subdivisions, Entitled to Share of
Money, When 31 2724
Must Not Employ Teacher Unless Holder of
Certificate 36 2733
How Designated 28 2719
How Formed or Divided 28 2720
How to Change Boundaries 29 2722
How to Annex Subdivision of Town 29 2722
Legal Boundaries 29 2721
May Lapse 75- 76 2823
May Jointly Employ a Principal 36 2733
May Consolidate 30 2723
Time for Changing Boundaries 29 2721
Time Limit for New District to Open School.... 32 2725 Suparintendent or Principal May Be Employed
for Term of Two Years 36 2733
SEGREGATION OF PUPILS 35 2733
STATE SUPERINTENDENT OF PUBLIC IN- STRUCTION
General Duty of 19 2705
May Demand Evidence from Employer 113 3126
May Appoint Assistants 23 2707
Office of 23 2706
Payment of Expenses of Patriotic Exercises.... 82 2845
Salary of 23 2706
To Prepare Program for Patriotic Exercises.... 82 2844
To Advertise for Bids for Text-Books 77 2827
To Furnish Blanks for List of Names of Em- ployed Children 113 3125
To Prepare a Poll and Tally List 34 2731
SUPERVISORS
Chairman of Board to Help Canvass Vote for
Consolidation of District 31 2723
Duties Under Chapter II, State, County and
Municipal Indebtedness 91-105
May Cancel Bonds 45 2749
To Levy Special Rate 38 2736
To Audit Account of County Superintendent
of Schools 26 2708
To Issue School Bonds 40 2740
To Prescribe Form of School Bonds and Fix
Time of Payment 41 2741
Xll
INDEX
Page Paragraph To Make Levy for Interest and Redemption of
Bonds ,. 43 2747
To Levy Tax for High Schools 53 2774
To Attach Territory of Lapsed School District 75 2823
To Dispose of Property, -etc., of Lapsed District 76 2823
To Levy Tax for Manual Training, Domestic
Science and Kindergarten 83 2849
To Approve Transcript of District Boundaries 29 2721
To Deposit Sinking Funds 41 2743
To Deposit Sinking Funds 43 2746
T
TAX STATE
Annual Levy for Schools 70 2815
Levy for Blind Children Under School Age 87 2862
State Board of Equalization May Levy District
Tax, When Supervisors Fail 44 2748
Time for Paying State School Moneys to
Counties 70 2816
TAX, COUNTY
Annual Levy for Common Schools 70 2815
Annual Levy for Kindergarten Schools 83 , • 2849
Annual Levy for High Schools 53 2774
For Transporting Children to* School, etc 38 2736
For Manual Training, Domestic Science and
Kindergarten ». 83 2849
Levy of, for Interest and ^Redemption of Bonds 43 2747
L vies to Be Made Under Chapter II, State,
County and Municipal indebtedness 91-105
TEACHERS
Cannot Teach if Afflicted With Tuberculosis 68 2809
General Duties of 1 66- 67 2805
May Appeal to County Superintendent 67 2806
Certificate May Be Revoked 68 2808
Must Attend Institute 27 2713
Must Hold Legal Certificate to Draw Pay 67 2807
Pay for Attending Institute 27 2717
Territorial Anthem (Not Obligatory Under
State Law) . ...127-128
TREASURER, STATE
To Pay School Moneys to Counties, When 71 2816
To Make Payment to High Schools 62 2795
TREASURER, COUNTY
Duties 42 2745
Duties 44 2747
Duties 73 2819
Liability for Failure to Perform Duty.... 73 2820
U
UNIVERSITY STATE SCHOLARSHIP 90- 91
UNITED STATES FLAG 82- 83
VOCATIONAL EDUCATION (Federal Aid) 124-125
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