dren to the school of some other convenient district,* and the school board is hereby authorized to issue the warrants of the district in payment of the extra expense and tuition of such children; provided, that not exceeding four dollars per month shall be paid for each child; provided further, that the children of any property-owner owning land in any adjoining school district, other than in towns and incorporated cities, may have the privilege of attending school in such adjoining district without extra expense and tuition, when such school is more convenient by reason of distance from the school of the district in which they live.† (Laws 1907, ch. 321, sec. 2.)

SEC. 207. Conveyance of Pupils. [7429.] That in any school district where there are pupils living not less than two miles and not more than three miles from the schoolhouse the school board of such district may, and where there are pupils living three miles or more from the schoolhouse such school board shall, allow to the parent or guardian of such pupils a sum not to exceed fifteen cents per day, for not to exceed one hundred days in each year as compensation for conveying104 such pupils to and from the school; provided, that no such compensation be allowed unless the pupil is actually conveyed to and from the school. (Laws 1907, ch. 327, sec. 1.)

SEC. 208. District Boards Authorized to Provide Transportation. [Laws 1911, ch. 273, sec. 1.] That the district board of any school district may provide for the comfortable transportation of pupils of said school district living two and one-half or more miles from the school attended, by the usual traveled road, in a safe and enclosed conveyance or conveyances, properly heated, and said district board is authorized to establish such rules and regulations as may be necessary for carrying out the provisions of this act.

SEC. 209. Teachers. [7468.] The district board in each district shall contract with and hire qualified teachers 105 for

* It is not mandatory on a school district to receive the pupils ordered to be sent to it in accordance with this provision.

The supreme court has decided that this provision is constitutional. (See, Evans v. School District No. 46, 81 Kan. 385.)

104. The law means "not to exceed fifteen cents per day" for each conveyance, regardless of the number of pupils conveyed. The district board must allow a reasonable amount, and usually fifteen cents is reasonable.

105. 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 as to the lack of authority of the district meeting to determine who the teacher shall be.

and in the name of the district,1 ,106 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,107 and, in conjunction with the county superintendent, may dismiss for incompetency, cruelty, negligence, or immorality.108 (Laws 1876, ch. 122, art. 4, sec. 24.)

SEC. 210. 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. 211. Contracts Void. [7525.] Any contract made in violation of this act 109 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. 212. 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 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.110 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

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

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

108. 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 cannot collect pay for janitor service unless the contract so provides.

109. See section 210 of this book.

110. See section 91 of this book for additional reports required under the compulsory-education law.

have complied with the requirements of this section. 1876, ch. 122, art. 6, sec. 1.)

(Laws

SEC. 213. Necessary Appendages. [6469.] The district board shall provide the necessary appendages 111 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. 214. Suspend Pupil; Appeal. [7470.] The district board may suspend, or authorize the director to suspend, 112 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.113 (Laws 1876, ch. 122, art. 4, sec. 26.)

SEC. 215. 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 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;114 shall confer with the teacher in regard

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

112. Pupils between the ages of eight and fifteen can be suspended only temporarily, when they are required by the compulsory-attendance law to attend school. (See section 87.) Cases of incorrigibility come within the jurisdiction of the juvenile court when the accused is under the age of sixteen years. (See section 87.)

113. 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.

114. 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

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.115 (Laws 1876, ch. 122, art. 4, sec. 27.)

SEC. 216. Taxes. [Laws 1911, ch. 271, sec. 1.] 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.

SEC. 217. 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 for the payment thereof.116 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

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 IV of this book.

115. 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 section 46 of this book.

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

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 amount due him on such judgment against the district, with costs, upon which execution shall issue. (Laws 1876, ch. 122, art. 4, sec. 31.)