CHAPTER IX.-County Superintendent. $253. Boundary lines reëstablished in case of error. 254. Indebtedness of depopulated district. 257. When district is depopulated. 259. Partially depopulated district de- 260. Petition for disorganization. 261. Territory attached to adjacent district.. 262. Floating indebtedness of disorganized district. 263. Orders paid by county treasurer. 265. Disposition of property. SECTION 231. Qualifications. [7379] That a person to be eligible to the office of county superintendent of public instruction must hold a professional certificate, first-grade certificate, or a state certificate, or be a graduate of an accredited college or normal school, and must have taught at least eighteen months; provided, that this act shall not apply to any person now holding the office of county superintendent or to any person who is now a county superintendent elect. (Laws 1907, ch. 167, sec. 1.) SEC. 232. Term of Office. [7377] The term of office of the county superintendent of public instruction shall begin on the second Monday of May of each odd year, beginning with the year A. D. 1901. (Laws 1899, ch. 244, sec. 1.) SEC. 233. Right to Vote for Candidates Restricted. In any primary election held for the purpose of nominating candidates for county offices and in any general election held for the election of county officers the right to vote for candidates for the office of county superintendent of public instruction shall be restricted to the qualified electors residing in said county and not residing in any city of the first or second class; and the ballots prepared for use in cities of the first and second class in said primary or general election shall not contain the names of candidates for the office of county superintendent of public instruction; provided, that nothing in this act shall disqualify a person residing in any portion of the county from being elected to the office of county superintendent. (Laws 1915, ch. 210, sec. 1.) SEC. 234. Oath and Bond. Oath and Bond. [7380] The county superintendent of public instruction shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Kansas, to faithfully discharge the duties of said office, and execute to the state of Kansas a bond in the sum of $1000, conditioned to the faithful performance of his official duties; which bond, after having been approved by the board of county commissioners, together with his official oath, shall be filed in the office of the county clerk. (Laws 1881, ch. 152, sec. 1.) SEC. 235. General Duties. [7381] It shall be the duty of the county superintendent of public instruction to visit each school in his county at least once each term of six months,51 correcting any deficiency that may exist in the government of the school,52 the classification of the pupils, or the methods of instruction in the several branches taught; to make such suggestions in private to the teachers as he shall deem proper and necessary to the welfare of the school; to note the character and condition of the schoolhouse, furniture, apparatus, and grounds, and make a report in writing to the district board, making such suggestions as in his opinion shall improve the same; to examine the accounts and record-books of the district officers, and see that they are kept as required by law; to encourage the formation of associations of teachers and educators for mutual improvement, and, as far as possible, to attend the meetings of such associations, and participate in the exercises of the same; to attend the normal held in his county, using his influence to secure the attendance of teachers; to make daily a personal inspection of the work of the institute in session, and keep a record of the same in his office, and do such work in connection with the exercises of the institute as he may deem necessary;53 to hold a public meeting in each school district of his county at least once every year, for the purpose of discussing school questions and elevating the standard of education; to keep his office open at the county seat Saturday of each week, and in counties in which the 51. "At least once each term of six months" is held to mean at least once each school year. 52. The power to correct deficiencies in government, classification and methods of instruction implies a direct responsibility of the teacher to the superintendent. The language of the law is clearly intended to establish this relation somewhat as it exists in city schools. Failure to pay reasonable attention to the suggestions of the county superintendent in these matters is held to be sufficient ground for withholding the teacher's certificate. 53. The county superintendent can not receive compensation for work in connection with the normal institute. superintendent receives a salary of more than $600 per annum, he shall keep his office open when not necessarily absent attending to his official duties.54 He shall keep a complete record of his official acts; a record of the name, age and post-office address of each candidate for a teacher's certificate, with the number of weeks said candidate has attended a normal school or institute, the number of weeks he has taught, his standing in each study, and the date of issue and expiration of each certificate granted. He shall keep a register of the teachers employed in his county, giving name of teacher, number of the district in which he is employed, dates of opening and closing term, salary per month, grade of certificate, and date. of superintendent's visit. He shall keep a record of the semiannual apportionments of the state and county school funds, and such other statistical records as shall be required in making reports to the state superintendent of public instruction. He shall make out and transmit to the state superintendent, on the last Monday of March, June, September and December of each year, a report, showing the number of school visits made, with the average length of time spent in such visits; the number of consultations held with school officers; the number of days his office has been kept open; the number of district treasurers' and clerks' record-books examined; the number of teachers' meetings attended; the number of public lectures delivered; and such other information as the state superintendent may require regarding the duties of such county superintendent; and until such report shall have been forwarded to the state superintendent, and a copy thereof filed with the county clerk for publication, and that fact certified by the said county superintendent to the board of county commissioners, the warrant for his salary shall not be drawn. The county superintendent shall obtain from the county clerk, at least ten days before the time for holding the annual school meeting each year, a certified statement of the total assessed valuation of the property in each school district in his county, and immediately certify the same to the several school-district clerks of his county, for the information of the annual school meeting; and it is hereby made the duty of said county clerk to make out said certified statement, and deliver the same to the county superintendent. (Laws 1881, ch. 152, sec. 2.) SEC. 236. Annual Convention of School District Boards. The county superintendent of public instruction in each county in the state shall hold annually one convention of members of school district boards for the purpose of consultation and instruction on matters pertaining to the administration of the 54. The provisions of this section require the entire time of every county superintendent receiving a salary of $750 or over. (See section 239 of this book.) district schools of said county. Each district board may designate one or more members of said board to attend said convention; and each member of a school district board thus designated who shall attend said meeting may be allowed the actual expenses incurred in attending said convention, not to exceed two dollars each, said expenses to be paid from the school district funds in the manner prescribed by law. The county superintendent shall keep a record of the attendance of all members of district boards at each session of the convention and shall issue to each member a certificate of attendance; and no warrant shall be drawn for the payment of the expenses of any member of a school district board until said certificate of attendance has been filed with the school district clerk. (Laws 1915, ch. 302, sec. 1.) SEC. 237. Apportionment of School Funds. [7382] Within five days after receiving the certificate of the state superintendent of public instruction, informing him of the amount of state school fund which has been apportioned to his county, the county superintendent shall apportion the same, together with the unapportioned county school fund in the county treasury, among the school districts and parts of districts in such county, in the ratio of the number of persons of school age residing in each district or part of district, as shown by the last annual reports of the several clerks of such districts and parts of districts;55 provided, that no district in which a common school has not been taught at least three months the last preceding school year shall be entitled to receive any portion of either of said funds;56 and he shall draw his order 55. A district that refuses or neglects to have the census taken according to law forfeits its right to a share of the annual school fund. 56. Seven months the minimum term by Laws 1911, ch. 268, sec. 1 (section 288 of this book). A district must not only have had a common school taught at least three months during the school year ending June 30, but must also have made through its district clerk the requisite annual report for the school year in time to be included in the annual report of the county superintendent, or the county superintendent can not legally apportion to the district a share of the next ensuing February and August dividends of the state and county school funds. In apportioning these funds, the county superintendent must be governed not only by the proviso regarding the length of school term, but also by the number of children of school age residing in the several districts of the county, "as the same shall appear from the last annual reports of the clerks of the respective districts." For purposes of apportionment, it is only from the annual report of a clerk of a district that a county superintendent can legally know the number of children of school age residing in the district. In the case of the organization of a school district out of a part of the territory of another which is entitled to a portion of the state and county school funds, the newly formed district should be apportioned its just share of the funds to which the original district would have been entitled. If the division of the district was made before the time of making the annual report, the report of the new district should show the number of children resident of the territory detached from the old district, so that this apportionment may be made upon official returns. If the new district on the county treasurer in favor of each of the several schooldistrict treasurers for the amount apportioned to such district. (Laws 1881, ch. 152, sec. 3.) SEC. 238. Annual Report. [7384] He shall, on or before the 15th of October of each year, make out and transmit in writing to the state superintendent of public instruction a report bearing date October 1, containing a statement of the number of school districts57 or parts of districts in the county, and the number of children and their sex, resident in each over the age of five and under the age of twenty-one years;58 a statement of the number of district schools in the county, the length of time a school has been taught in each, the number of scholars attending the same, their sex, the branches taught and the text-books used, the number of teachers employed in the same, and their sex; a statement of the number of private or select schools in the county, so far as the same can be ascertained, and the number of teachers employed in the same, their sex, and the branches taught; a statement of the number of graded schools in the county, the length of time school has been taught in each, and the number of scholars attending the same, their sex, and the branches taught, the number of teachers employed in the same, and their sex; a statement of the condition of the normal school, where such school has been established, the number of students attending the same, their sex, and the number of teachers employed in the same, and their sex; a statement of the county normal institute; a statement of the number of academies and colleges in the county, and the number of students attending the same, and their sex, the number of teachers employed in each, and their sex; a statement of the amount of public money received in each district or parts of districts, and what portion of the same, if any, has been appropriated to the support of graded schools; a statement of the amount of money raised in each district by tax and paid for teachers' wages in addition to the public money paid therefor; the amount of money raised by tax or otherwise for the purpose of purchasing school site, for building, hiring, purchasing, repairing, furnishing or insuring such schoolhouse, or for any other purpose allowed by law, in the district or parts of districts. (Laws 1881, ch. 152, sec. 5.) was organized after the time of making the annual report, the officers of the former district should be directed to pay to the treasurer of the new district that portion of the funds to which the children residing upon the detached territory entitle said district. 57. Joint districts are reported by the superintendent under whose supervision the districts exist. 58. The annual reports of county superintendents constitute the basis upon which the state superintendent disburses the semiannual dividends to the several counties. If any county superintendent, therefore, fails to make his annual report, as required by law, the county loses its share of the state school fund, and the county superintendent becomes responsible to the county for the amount. |