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SEC. 357. Teachers. [7468] The district board in each district shall contract with and hire qualified teachers 107 for and in the name of the district,108 which contract shall be in writing, and shall specify the wages per week or month as agreed upon by the parties, and such contract shall be filed in the district clerk's office,109 and, in conjunction with the county superintendent, may dismiss for incompetency, cruelty, negligence, or immorality.110 (Laws 1876, ch. 122, art. 4. sec. 24.)

SEC. 358. Employment of Relatives. [7524] Any person being related to a school-district officer as husband or wife, son or daughter, shall not be eligible to the position of teacher in such school district, unless employed by a unanimous vote of all the members of such board. (Laws 1901, ch. 304, sec. 1.)

SEC. 359. Contracts Void. [7525] Any contract made in violation of this act shall be null and void, and any schooldistrict officer so violating shall be liable to the person or persons so employed for all claims such person or persons may have against such district for wages. (Laws 1901, ch. 304, sec. 2.)

SEC. 360. Records and Reports. [7484] It shall be the duty of the teachers of every district school or graded school to keep, in a register for this purpose, a daily record of the attendance and the deportment of each pupil, and of the recitations of each pupil in the several branches pursued in said school, and to make out and file with the district clerk, at the expiration of each term of the school, a full report of the whole number of scholars admitted to school during such

107. It is held (1) that a "qualified" teacher is one holding a legal certificate; a contract with any other than a legally qualified teacher is not a legal contract; (2) should the teacher's certificate expire by limit of date during a term of school, said teacher must procure a new certificate or the contract becomes null and void; and (3) a contract to teach made by a district board with a member of said board is contrary to public policy. See note 83 as to the lack of authority of the district meeting to determine who the teacher shall be.

108. Contract. It is not legal for a school-district board, previous to the annual meeting, to employ teachers for the new term of school.

109. Teachers are entitled to pay for the time during which school is dismissed due to the prevalence of a contagious disease in the district.

110. Janitor Work. In the absence of any law making it the duty of the teacher to assume the responsibility of janitor work necessary for the comfort and good order of the school under her charge, such work being necessary and indispensable, and further, since the provision for the equipment of the school is clearly the duty of the board, the inference certainly must be that the care of the schoolhouse property belongs to the district board, and in no way can it be construed as a part of the teacher's duties, unless the contract entered into by the same shall so provide. Teachers can not collect pay for janitor service unless the contract so provides.

111. See section 358 of this book.

term, distinguishing between male and female, the text-books used, the branches taught, and the number of pupils engaged in the study of said branches, and any other information the district board or county superintendent may require.112 The wages of a teacher for the last month of a school term shall not be paid by any district board, unless said teacher shall have complied with the requirements of this section. 1876, ch. 122, art. 6, sec. 1.)

(Laws

SEC. 361. Necessary Appendages. [7469] The district. board shall provide the necessary appendages113 for the schoolhouse during the time a school is taught therein, and shall keep an accurate account of all expenses thus incurred, and present the same for allowance at any regular district meeting. (Laws 1876, ch. 122, art. 4, sec. 25.)

SEC. 362. Suspend Pupils; Appeal. [7470] The district board may suspend, or authorize the director to suspend,114 from the privileges of a school, any pupil guilty of immorality or persistent violations of the regulations of the school, which suspension shall not extend beyond the current quarter of the school; provided, that the pupil suspended shall have the right to appeal from the decision of said board of directors to the county superintendent, who shall, upon a full investigation of the charges preferred against said pupil, determine as to his guilt or innocence of the offense charged, whose decision shall be final.115 (Laws 1876, ch. 122, art. 4, sec. 26.)

SEC. 363. District Board's School Duties. [7471] The district board shall furnish each teacher with a suitable daily register, and shall visit together, or by one or two of their number, all the schools of their district, at least once a term, and at such other periods during the term as in their opinion the exigencies of each school may require; at which visits they shall examine the register of the teacher and see that it

112. See section 208 of this book for additional reports required under the compulsory-education law.

113. The term "appendages" should be construed broadly, so as to include necessary improvements, such as well, privy, fence, etc. (30 Kan. 378.)

114. Pupils between the ages of eight and fifteen can be suspended only temporary, when they are required by the compulsory-attendance law to attend school. (See section 204.) Cases of incorrigibility come within the jurisdiction of the juvenile court when the accused is under the age of sixteen years. (See section 204.)

115. The right of the teacher to punish for misconduct extends from the time the pupil leaves home to go to school until he returns home from school. This, however, does not relieve the parent from control of the . child on his way to and from school. The control of school children on their way to and from school should be exercised concurrently by the parents and teacher. In case of grave misconduct, the teacher can suspend a pupil until the board can be notified of such action, except when required by the compulsory-attendance law to attend school. Due diligence must be used by the teacher to serve notice on the board.

is properly kept, and inquire into other matters touching the schoolhouse, facilities for ventilation, furniture, apparatus, library, studies, discipline, modes of teaching, and improvement of the school;116 shall confer with the teacher in regard to condition and management, and make such suggestions as in their view would promote the interest and efficiency of the school and the progress and good order of the pupils. The date and results of such visits shall be entered by the clerk of the board on their minutes.117 (Laws 1876, ch. 122, art. 4, sec. 27.)

SEC. 364. Taxes; Clerk to Certify; Commissioners to Levy; Limit. That section 7473 of the General Statutes of 1909 is hereby amended so as to read as follows: Sec. 7473. It shall be the duty of the school-district clerk to certify to the county commissioners of their respective counties, on or before the 25th day of July, annually, the aggregate amount, by them determined in each district to be necessary for school purposes. Upon the receipt of such certification the county commissioners shall, on or before the first Monday in August, annually, levy on the real and personal property in each district, as returned by the assessment roll of the county, a percentage which will produce an amount equal to and not exceeding by more than five per cent the amount certified by the district clerk; provided, however, no levy shall exceed four and one-half mills. And the county clerk is hereby authorized and required to place the same on the tax roll of said county, in a separate column or columns, designating the purpose for which such taxes were levied; and the said taxes shall be collected by the county treasurer and paid over to the treasurers of the respective school districts in the county, with the same power and restrictions and under the same regulations and in all respects as to the sale of real or personal property. He shall be authorized and he is hereby required to act according to the provisions and requisitions of the law for the collection of taxes for state and county purposes. (Laws 1911, ch. 271, sec. 1.)

SEC. 365. Judgments. [7474] Whenever any final judgment shall be obtained against any school district, the district board shall levy a tax on such taxable property in the district

116. A school board has a right to make a rule requiring constant and prompt attendance at school, such a rule having in view the securing of the very object contemplated in the law establishing public schools. The interests of the pupil and of all the members of the school require promptness and regularity in attendance. Courts have held that such a rule may be enforced. (See chapter VI of this book.)

117. Powers of District Board. The district board has the power to prescribe the necessary rules and regulations for the management and government of the school. They may require a classification of pupils with respect to the branches of study pursued, and with respect to proficiency or degree of advancement in the same, and that there shall be prompt attendance, diligence in study, and proper deportment. The course of study is prescribed by the State Board of Education. (See sections 617 and 310 to 316 of this book.)

for the payment thereof.118 Such tax shall be collected as other school-district taxes, but no execution shall issue on such judgment against the school district; and in case the district board neglect to levy a tax as aforesaid for the space of thirty days after such judgment shall become final, or in case the proper officer shall neglect to collect the tax levied within the time and in the manner provided by law, then the judgment creditor of the district may have and recover a judgment against the officer or officers so in default for the amounts due him on such judgment against the district, with costs, upon which execution shall issue. (Laws 1876, ch. 122, art. 4, sec. 31.)

ARTICLE VI.-Union or Graded-school Districts.1
119

NOTE. A union or graded school is to be distinguished from a consolidated school provided for by chapter VII.

§366. How established.

367. Powers and duties of directors. 368. Union district may levy taxes. 369. Authority to issue bonds.

370. Duties of clerk of union district.

371. Duties of treasurer of union district.

8372. Public schools in cities shall receive their share of public-school funds, on what condition.

373. Single district may establish graded schools.

SECTION 366. How Established. That section 7535 of the General Statutes of Kansas of 1909 is hereby amended to read as follows: Sec. 7535. Whenever the inhabitants of two or more school districts may desire to unite such districts for the purpose of establishing a graded school, in which instruction shall be given in the higher grades of education, the clerks of the several districts shall, upon a written petition therefor signed by not less than five voters from each of such districts, which voters shall be taxpayers of such district call a meeting of the voters of such districts to be held at some convenient place, by posting up written notices thereof in the same manner as is provided for calling district meetings; and if a majority of the votes cast from each of the two or more districts shall be in favor of uniting such districts for the purpose hereinbefore stated, they shall, at that meeting or at an adjourned meeting, elect a board of directors, consisting of a director, clerk and treasurer. (Laws 1915, ch. 301, sec. 1.)

SEC. 367. Duties of Board of Directors. [7536] The board of directors provided in the preceding section shall, in all matters relating to the graded schools, possess all the powers and

118. A judgment tax may be levied in addition to the four and onehalf mills for general school purposes, and the amount of tax which may be levied to pay a judgment is not limited.

119. The individual districts may still conduct their usual district schools but be a part of this union district for instruction in the higher branches. The plan is virtually to provide a central high school. A resolution adopted at an annual meeting or at a special meeting called for the purpose is necessary before a graded school is subject to the provisions of this act.

discharge all the like duties of the district board of directors, as prescribed in this act. (Laws 1876, ch. 122, art. 7, sec. 2.)

SEC. 368. Union District May Levy Taxes. That section 7538 of the General Statutes of Kansas of 1909 be amended to read as follows: The said union district may levy taxes for the purpose of purchasing a building or furnishing proper buildings for the accommodation of the school, or for the purpose of defraying necessary expenses and paying teachers, but shall be governed in all respects by the law provided for levying and collecting district taxes. (Laws 1913, ch. 280, sec. 1.)

SEC. 369. Authority to Issue Bonds. That for the purpose building, erecting, constructing or purchasing one or more schoolhouses, the union or graded-school districts organized and existing under chapter 122 of the Laws of 1876 and the acts amendatory thereof and supplemental thereto, the boards of directors of such union or graded-school districts are hereby authorized to issue bonds. Said bonds shall be issued in all respects in conformity with the provisions of the law relative to the issuance of bonds of school districts and subject to the same limitations. (Laws 1913, ch. 281, sec. 1.)

SEC. 370. Clerk. [7540] The clerk of the union district shall make a report to the county superintendent of public instruction, and discharge all the duties of clerk in like manner as clerk of the district. (Laws 1876, ch. 122, art. 7, sec. 6.)

SEC. 371. Treasurer. [7541] The treasurer of the union district shall perform all the duties of treasurer as prescribed in this act, in like manner as the district treasurer. (Laws 1876, ch. 122, art. 7, sec. 7.)

SEC. 372. Apportionment to Cities. [7542] The public schools of any city, town, or village, which may be regulated by special law set forth in the charter of said city, town, or village, shall be entitled to receive their proportion of the public-school fund; provided, the clerk of the board of education in such city, town or village shall make due report, within the time and manner prescribed in this act, to the county superintendent of public instruction. (Laws 1876, ch. 122, art. 7, sec. 8.)

SEC. 373. Single District. [7543] Any single district shall possess power to establish graded schools subject to the provisions of this article, in like manner as two or more districts united; provided, however, the regular district board of directors of the district shall have the power and shall have the management of the schools of the district and grade them in accordance with the action of the annual district meeting, and employ teachers and do all things pertaining to the union graded schools, without an additional board of directors, where

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