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districts in proportion to the amount asked for by the county superintendent; provided further, that the one-fourth to be paid by the county shall if insufficient be prorated among the districts entitled to such aid.
SEC. 176. Schools Discontinued, When; Compensation. [Laws 1911, ch. 268, sec. 9.] That the provisions of this act shall not apply to districts having an enumeration of less than fifteen children of school age, unless said districts embrace an area of twelve square miles or more; provided, that whenever the number of children of school age in any school district having an area of less than twelve square miles shall be found to be less than fifteen by the annual school census no school shall be maintained in such school district during the following year (unless such a district by reason of its valuation is able to maintain a seven months' school without state or county aid), and the district board of such district shall make provision for sending, for a period of not less than seven months, the pupils of such school district to such school or schools in an adjacent district or districts as said district board may determine; provided, that there is a school in an adjacent district to which said district may send the pupils. As full compensation for the tuition of said pupils the treasurer of the district from which said pupils are sent shall pay, in the manner prescribed by law, to the treasurer of the district or to the board of education of the school to which said pupils are sent an amount not to exceed the average cost per pupil per week for maintaining the school, exclusive of school buildings, school site and permanent improvements; provided further, that the district board of the district in which school is discontinued shall provide for the transportation of the pupils of said district, living two miles or more from the school to which said pupils are sent, to such school or schools in a safe and comfortable and enclosed conveyance or conveyances, properly heated, and the expense of such transportation shall be paid by said school district in which school has been discontinued; provided further, that when any school district within the provisions of this act, having voted an amount of money representing not less than four and one-half mills of the assessed valuation of such district, finds its funds insufficient to pay the tuition and cost of transportation as herein provided, the state shall pay to said district schools three-fourths of the difference between the amount raised by said district from all sources for school purposes and the cost of tuition and transportation of pupils therein, and the county shall pay from the general fund one-fourth of said difference; provided, that not more than seventy-five dollars shall be given to any district whose school has been discontinued according to the provisions of this act; and provided further, that pupils attending school in another school district under the provisions of this act shall have the same legal rights, including the right of admission, and be under the same jurisdiction as the pupils residing in the school district in which the school is conducted; provided, that such admission shall not involve the addition of a school building or school buildings, or the employment of an additional teacher; provided, that any district having an area of less than twelve square miles and a school population of less than fifteen may maintain its school for not less than seven months each year, and such district shall not receive state and county aid in excess of fifty dollars.
CHAPTER X.-DISTRICT OFFICERS.
$177. Officers; term of office.
district meetings. 183. Shall draw orders on district treas
urer. 184. Clerk's
report; to whom made, when and how. 185. County treasurers. 186. Treasurer pay no money, when. 187. Shall report to each county super
intendent; joint district. 188. Penalty for false report. 189. District clerk shall report to county
clerk a list of resident taxpayers. 190. Fine for failure to report district
tax to county clerk. 191. Shall report to county superin
of boards of education, shall re-
successor. 194. District treasurer shall execute bond. 195. Shall pay school moneys, on whose
order. 196. Shall receive school
moneys from county treasurer, on whose order. 197. District taxes voted but not levied
in any year shall be collected with
taxes of the year following.
etc. ; shall report in writing at
$199. Procedure, if he does not pay over
moneys to his successor, 200. Powers and duties of school-district
board; schoolhouse site, etc. 201. Shall have care of property of dis
trict. 202. May open schoolhouse for the use of
religious, political, literary, scientific, mechanical or agricultural
societies. 203. The board may remove schoolhouse other improvement,
when; probate judge may appoint ap
praisers to condemn site, etc. 204. May admit non-resident pupils, when. 205. Discontinue schools ; send children to
other districts. 206. Send children to other districts,
when. 207. Conveyance of pupils. 208. District boards authorized to provide
transportation. 209. Shall hire qualified teachers; may
dismiss teachers for cause. 210. Employment of relatives. 211. Contracts void. 212. Records and reports. 213. Shall provide necessary appendages,
when. 214. May suspend a pupil for cause; ap
peal. 215. Shall furnish teachers with daily
register; shall visit schools. 216. Shall cause district clerk to certify
to county clerk the percentage of
district taxes, when. 217. Judgments, how obtained; the board
SECTION 177. Officers; Term. [7443.] The officers of each school district shall be a director, clerk, and treasurer, who shall constitute the district board,86 and who shall be elected and hold their respective offices as follows; At the annual meeting in 1874 there shall be elected a director, who shall hold his office for three years; a clerk, who shall hold his office for two years; and a treasurer, who shall hold his office for one year;87 and thereafter at each annual meeting there shall be elected one member of said board in place of the outgoing member, who shall hold his office for three years, and until his successor shall be elected and qualified.88 (Laws 1876, ch. 122, art. 4, sec. 1.)
86. The officers of a school district constitute the board of directors in such sense as to be able to transact the school business of the district only when in session as a district board. As the law is silent as to how, when and where the district board shall convene, each board should adopt a set of rules for its own government.
87. The clerk is elected in 1912, the director in 1913, and the treasurer in 1914.
88. Compensation of District Officers. Neither the district meeting nor 89. Neglect of Duty. Where a district officer neglects or refuses to perform a duty, the proper proceeding to compel performance is a writ of mandamus.
SEC. 178. Official Oath. [7444.] School-district officers before entering upon their official duties shall take an oath to faithfully perform said duties :89 and the chairman of any regular or special meeting is hereby authorized and empowered to administer such oath.90 (Laws 1876, ch. 122, art. 4, sec. 2.)
SEC. 179. Office Forfeited. [7445.] Every person duly elected to the office of director, clerk or treasurer of any school district, who shall refuse or neglect, without sufficient cause, to qualify within twenty days after his election or appointment, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by the provisions of this act, shall thereby forfeit his right to the office to which he was elected or appointed, and the county superintendent shall thereupon appoint a suitable person in his stead.91 (Laws 1876, ch. 122, art. 4, sec. 3.)
SEC. 180. Director. [7446.] The director of each district shall preside at all district meetings, and shall sign all orders drawn by the clerk, authorized by a district meeting or by the district board, upon the treasurer of the district, for moneys collected or received by him to be disbursed therein. He shall appear, for and in behalf of the district, in all suits brought by or against the district, unless other direction shall be given by the voters of such district, at a district meeting. (Laws 1876, ch. 122, art. 4, sec. 4.)
SEC. 181. Clerk. [7447.] The clerk of each district shall record the proceedings of his district in a book provided by the district for that purpose, and enter therein copies of all reports made by him to the county superintendent; and he shall keep and preserve all records, books and papers belonging to his office, and deliver the same to his successor in office. (Laws 1876, ch. 122, art. 4, sec. 5.)
the district board has the right to authorize or direct the payment of any compensation from the public fund to members of the board for their services.
See section 483 for the term of officers chosen at special meetings. They hold their offices until their successors are elected and qualified.
90. A district officer can qualify before the chairman of a district meeting, the county superintendent, or any one authorized by law to administer oaths.
91. A county superintendent cannot remove a district officer. Such removal can be made only by an action brought in court. The vacancy being declared, the county superintendent shall appoint. A member of the district board cannot continue to act as a member thereof after he ceases to be a resident of the district, nor has he the right to appoint a deputy to discharge the duties of the office. See section 115 with regard to filling vacancies on the district board.
SEC. 182. Clerk of the Board. [7448.] The said clerk shall be clerk of the district board and of all district meetings, when present;92 but if such clerk shall not be present at any district meeting, the voters present may appoint a clerk of such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the clerk of the district. (Laws 1876, ch. 122, art. 4, sec. 6.)
SEC. 183. Draw Orders. [7449.] The clerk of the district shall draw orders on the treasurer of the district for moneys in the hands of such treasurer which have been apportioned to or raised by the district, to be applied to the payment of teachers' wages, and apply, such money to the payment of the wages of such teachers as shall have been employed by the district board; and said clerk shall draw orders on the said treasurer for moneys in the hands of such treasurer, to be disbursed for any other purpose ordered by a district meeting' or by the district board, agreeable to the provisions of this act.94 (Laws 1876, ch. 122, art. 4, sec. 7.)
SEC. 184. Clerk's Annual Report.95 [7450.] The clerk of each district shall, at least five days previous to the annual meeting in July of each year, make a written report, which he shall submit and read to the legal voters of the district at the annual meeting for their information and consideration. If any change or alteration therein be necessary, the same shall be made, and it shall then be transmitted to the county superintendent of public instruction. Said report shall show: (1) The number of children,96 male or female, designated separately, residing in the district or part of district on the last day of June previous to the date of such report, over the age of five and under the age of twenty-one years; (2) the number of children attending school during the year, their sex, and branches studied; (3) the length of time a school has been
92. In transacting the school business of the district, the members of the board should meet as a district board, the clerk making a complete record of all proceedings. Members of the school-district board have not the right to enter into contract obligating said board outside of a regular meeting, and such meeting is not legal unless all members have been notified of the call for the same.
93. A clerk can legally draw an order upon the treasurer for the disbursement of moneys without a meeting of the district board, if the same has been authorized by a district meeting or by the district board at any prior meeting. Example: Order for teacher's wages.
94. Should the director or other member of the board refuse to sign a legal order, payable to any party legally entitled to receive it, such officer may be compelled, by writ of mandamus, to sign.
95. This section should be amended to be in harmony with the annual meetings held in April. In school districts holding their annual meeting in April, the school census cannot be reported, as it must show the number of persons of school age of the date of June 30.
96. See sections 91 and 92 of this book.