CHAPTER XXIV.-PUBLIC SCHOOLS IN CITIES OF THE FIRST

SECTION 371. Board of Education. [Laws 1911, ch. 267, sec. 1.] That in each city of the first and second class, except those cities having a population of more than 50,000 and less than 75,000 by the United States census of 1910, there shall be a board of education, which shall constitute a body corporate and politic, possessing the usual powers of public corporations, consisting of six members, to be nominated and elected by the qualified voters of the city at large, three of whom shall be elected at the general city election held in April of each oddnumbered year, and shall hold their office for the term of four years and until their successors are duly elected and qualified, and said term of office shall begin on the first Monday in August succeeding their election; provided, that no member of the board of education shall be a city commissioner or member of the city council, and no city commissioner or member of the city council shall be a member of the board of education. The territory attached to cities of the first and second class shall constitute a part of such cities for the purposes of this act.

SEC. 372. Election in 1911 and 1913. [Laws 1911, ch. 267, sec. 2.] That in cities of the first and second class, as provided in this act, in which at the time of the passage of this act the board of education consists of six members, there shall be elected at the general city election in 1911 three members, who shall hold their office for a term of four years from the first Monday in August, 1911, and at the general election in 1913 there shall be elected three additional members, who shall hold their office for term of four years from the first Monday in August, 1913, and thereafter at the general election in each odd-numbered year there shall be elected three members for a term of four years; provided, that those members of the board of education at the time of the passage of this act whose term of office expires the first Monday in May, 1911, shall continue to serve as members of the board of education until the first Monday in August, 1911, and those members of the board of education whose term of office does not expire on or before the first Monday in August, 1911, shall serve in connection with the board of education until the expiration of the term for which they were elected; provided, that the members whose term of office expires the first Monday in May or

in August, 1912, shall continue to serve in connection with the other members until the first Monday in August, 1913. Thereafter the board of education shall consist of six members, elected as provided in section 1 of this act; provided further, that in cities of the first and second class, in which at the time of the passage of this act the board of education consists of twelve members, there shall be elected at the general city election in the year 1911 a full board of six members, who shall be divided into two classes of three each. Of the six members elected the three receiving the highest number of votes cast shall serve for four years, the three receiving the next highest number of votes cast shall serve for a period of two years, and thereafter three members shall be elected for a term of four years in each odd-numbered year; provided, that those members of the board of education at the time of the passage of this act whose term of office expires the first Monday in May, 1911, shall continue to serve as members of the board of education until August, 1911, and those members whose term of office does not expire on or before the first Monday in August, 1911, shall serve in connection with the board of education for the year ending on the first Monday in August, 1912, after which the board shall consist of six members, elected as provided in section 1 of this act; provided further, that in cities of the first and second class, in which at the time of the passage of this act the board of education consists of ten members, there shall be elected at the general election in 1911 three members, who shall hold their office for a term of four years from the first Monday in August, 1911, and at the general election in 1913 there shall be elected three additional members, whose term of office shall be four years from the first Monday in August, 1913, and thereafter there shall be elected three members of the board of education for a term of four years at the general election each odd-numbered year; provided, that the members whose term of office expires on the first Monday of May, 1911, shall serve as members of the board until the first Monday of August, 1911, and those members whose term of office expires on the first Monday of May or August, 1912, shall continue to serve in connection with the three members elected as hereinbefore provided until the first Monday in August, 1913. Thereafter the board of education shall consist of six members, elected as provided in section 1 of this act; provided further, that in cities of the first and second class, in which at the time of the passage of this act the board of education consists of eight members, there shall be elected at the general election in 1911 three members, who shall hold their office for a term of four years from the first Monday in August, 1911, and at the general election in 1913 there shall be elected three additional members who shall hold their office for a term of four years from the first Monday in August,

1913, and thereafter there shall be elected three members for a term of four years at the general election each odd-numbered year; provided, that the members whose term of office expires the first Monday in May, 1911, shall continue to serve as members of the board of education until the first Monday in August, 1911, and those members whose term of office expires the first Monday in May or August, 1912, shall continue to serve in connection with the three members elected as herein provided until the first Monday in August, 1913, and thereafter the board of education shall consist of six members, elected as provided in section 1 of this act.

SEC. 373. Vacancies. [Laws 1911, ch. 267, sec. 3.] That the board of education shall have power to fill any vacancy which may occur in their body; provided, that any vacancy occurring more than ten days previous to the date provided by law for the filing of primary nomination papers, and leaving an unexpired term of one or more years, shall be filled at the first city election thereafter, and the ballots and returns of election shall be designated as follows: "To fill the unexpired term of

years."

SEC. 374. Text-books. [Laws 1911, ch. 267, sec. 4.] That the board of education shall not authorize or permit any teacher or other employee to exclude as a basic text-book any text-book or other adoption now or hereafter adopted under authority of the General Statutes of this state, and any violation of this act shall render the violator liable to the same penalties as prescribed in chapter 179, Laws of 1897.

SEC. 375. Nomination and Election. [Laws 1911, ch. 267, sec. 5.] That in all cities of the first and second class which have heretofore adopted or shall hereafter adopt the provisions of the General Statutes of the year 1909 authorizing the government of such cities by boards of commissioners, candidates for nomination at the primary and for election as members of the board of education shall be nominated and elected in the same manner as nearly as practicable as are the mayor and commissioners in such cities, and may be recalled in like manner. The number of members to be elected at each general city election shall be certified to the city clerk by the president or clerk of the board of education at least ten days previous to the date provided by law as the last day for filing primary nomination papers. The names of all candidates shall appear in alphabetical order on the official city primary ballot, in a separate column, under the heading "Candidates for nomination for members of the board of education of city at the primary election," and above the names the words "Vote for "filling in the blank with the figure equalling the number of members of the board of education to be chosen at the regular election. The names of double the number of members of the board to be elected receiving the highest num

ber of votes at the primary election shall be placed upon the ballot as candidates for members of the board of education at the next succeeding general city election. The persons receiving the highest number of votes at such regular city election shall be declared elected, and each shall receive a certificate signed by the mayor and city clerk, under the seal of the city. Each person elected shall qualify within ten days after his election by filing an oath of office with the city clerk, but he shall not take office until the first Monday in August succeeding his election. The city clerk shall within thirty days after the canvass of the votes certify to the board of education the names of the candidates elected as members of such board. Any petition for nomination for member of the board of education filed prior to the date on which this act goes into effect, and complying with the law in effect at the time of filing said petition, is hereby declared to be legal.

SEC. 376. Organization of Board. [Laws 1911, ch. 269, sec. 1.] That the board of education in cities of the first and second class, at its regular meeting on the first Monday in August each year, shall organize by the election of a president and vice president from its members, each of whom shall serve for one year, and until his successor is elected and qualified; and the board shall elect a clerk for a term of one year, who shall not be a member of said board, and shall receive for his services such compensation as the board may allow.

SEC. 377. Vacancy. [Laws 1911, ch. 269, sec. 2.] That the board of education in cities of the first and second class shall have the right, at any regular or special meeting, to hold an election to fill any vacancy which may occur among the officers of the board, or any of its employees; and the board may remove any of its employees for incompetence, negligence, or immorality, after notice and a fair hearing of the person so charged. The fiscal year of the board shall close on the last day of June, and the annual reports of the president, clerk, superintendent and of the several committees shall be presented to the board on or before the first Monday in August of each year.

SEC. 378. Clerk. [Laws 1911, ch. 269, sec. 3.] That it shall be the duty of the clerk to be present at all meetings of the board, to keep an accurate journal of its proceedings, and to have the care and custody of the records, books and documents of the board, to countersign all warrants drawn upon the treasurer by order of the board, to keep an accurate account of all moneys paid to the treasurer on account of said board and all moneys paid or orders drawn on the treasurer by order of said board, and to prepare and publish an annual report showing (1) the moneys received by the treasurer since. the last report, and from what source received; (2) the amount of sinking fund, and how invested; (3) the moneys paid out,

and for what; (4) the balance of general fund in the hands of the treasurer; (5) and the number, date and amount of any bond issued by said board and of all bonds purchased for the sinking-fund; and the clerk shall perform such other duties as the board or its committees shall require.

SEC. 379. Superintendent. [Laws 1911, ch. 269, sec. 4.] That the board of education in cities of the first and second class, at such times as they may deem expedient, shall elect a superintendent of schools, who shall not be a member of said board, for a term of one or two years, as the board may choose, and whose term shall begin on the first Monday in August. The superintendent shall have charge and control of the public schools of the city, subject to the orders, rules and regulations and by-laws of the board, and shall receive for his services such compensation as the board may allow. Such superintendent shall be the holder of a state certificate valid for at least three years, or be a graduate of an accredited normal school, college or university; provided, that the qualifications herein specified shall not apply to any person holding the position of superintendent of schools in any city of the first or second class at the date when this act shall take effect.

SEC. 380. Examining Committee; Teachers. [Laws 1911, ch. 269, sec. 5.] That the board of education in cities of the first and second class, at such times as they may deem expedient, shall appoint two competent persons who, with the superintendent as chairman thereof, shall be styled the examining committee of the board of education, whose duty it shall be to examine all persons who shall apply to them as teachers;149 and no person except one who holds a diploma or a certificate from the State Board of Education or a diploma from the State Normal School shall be elected by the board as a teacher, unless such person is the holder of a certificate from the examining committee, signed by all or a majority of them, and setting forth that such person is competent to teach in such department of the public schools as may be stated in the certificate and is a person of good moral character.

149. Qualifications of Teachers in Cities of the First and Second Class. The school law authorizes the board of education in a city of the first or second class to examine teachers as to their qualification to teach in any given department of the public schools of such city. Said board of education has power to determine the kind and grade of the certificates and for how long valid. Certificates of this class of cities are a distinct class, and are valid in the city of issue only. Cities of the second class must recognize certificates and diplomas issued by the State Board of Education and diplomas from the State Normal School.