Chap. 240.—An ACT to amend and re-enact section 1470 of the Code of
ginia, relating to the division of school districts and sub-districts, so |
provide for such division; for the government and administration of
sub-districts; for additional school tax therein; and for appointmer
school directors, providing for their terms of office, powers, duties
adoption of this act by the counties of the State, and for relief from
adoption.

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That section
teen hundred and seventy of chapter sixty-six of the Code of Virgin
amended and re-enacted so as to read as follows:

$1470. Division of school districts into subdistricts; for govern
and administration of same; for additional school tax therein; an
appointment of school directors, providing for their terms of «
powers, duties, etcetera.

2. That in due time, before the opening of the schools in the
nineteen hundred and seven, or in any year thereafter of or next fo
ing the adoption of this act by any county, it shall be the duty of
district school board throughout the State, in each county in which
act may be adopted, as hereinafter provided, to determine, by spe
boundaries what shall be the area to be attached to each school-hous
a primary school for white children, and to each school-house for ;
mary school for colored children in the respective districts. These
shall be called subdistricts, and their boundaries and number m:
changed from time to time, at the discretion of the district board
both in establishing and altering the boundaries of such subdistricts
board shall be governed by the provisions of section one thousanc
hundred and three of the Code of Virginia, as amended, and the «
of such board, whether in establishing or altering such subdistricts,
not become effective until the same is approved by the State superinten-
dent of public instruction. The subdistricts for the white children shall
‘be renumbered with cardinal numbers, and the subdistricts-for the col-
ored children shall be lettered with capital letters, the letters being fur-
ther distinguished by cardinal numbers each time the letters of the alpha-
bet are exhausted, as A-1, B-1, etcetera, A-2, B-2, etcetera. On comple-
tion of their action under this and the next following section said district
board shall report the same promptly to the State superintendent of in-
struction, and the latter on receipt of such reports shall promptly cer-
tify, to the board from which received, his approval or disapproval of the
number of subdistricts reported, and if he disapproves of such number.
he shall certify his reasons for such disapproval. In the latter case the
said board on receipt of such disapproval, shall make a record of same on
its minutes, and promptly proceed to re-establish their subdistricts so as
to conform to such ruling of the State superintendent and report
same promptly back to the latter, who shall record such report in his office
and certify the original thereof with his approval back to said board:
whereupon the latter shall record same on its minutes and certify the
original to the clerk of the county, who shall record same in his office in
a separate book, which he shall provide at the expense of the county school
fund for the purpose. The subdistricts for white and colored children.
respectively, shall be considered as separate subdistricts, although the
territories may overlap each other, for all the purposes and in the con-
struction and application of this act, and only white persons shall vote in
the meetings of subdistricts for white persons, and only colored persons
shall vote in meetings of subdistricts for colored persons.

3. Whenever it may be found necessary for the convenience of the
people, a subdistrict may be made to include portions of two or more
school districts, or portions of two or more counties. Every subdistrict
thus formed shall be under the supervision of the district school board.
the county school board, and the school trustee electoral board on whose
territory the school-house is situated. When it is desired to form a sub-
district from parts of two or more districts in the same county, the
matter shall be considered by the district school boards of the districts
affected and on their mutual agreement, the boundary lines shall be e-
tablished. But in case these boards fail to agree. either one of the
district school boards affected may appeal to the county school board of
the county. In like manner, if it is desired to form a subdistrict from
districts belonging to different counties, the boundary lines may be estab-
lished by the mutual agreement of the school boards of the districts af-
fected. But in case these boards fail to agree, either one of the district
school boards affected may appeal to a board of reference, to be com-
posed of the division school superintendent or superintendents of the
counties affected, together with the chairman of some district school
hoard of one of the counties affected, to be selected by this superinten-
dent or these superintendents, and the decision of this board of refer-
ence shall be final both as to establishing such subdistricts and as to
subsequent changes therein. Any doubtful question as to the location
of the primary school-house in such subdistrict contemplated by this act
shall be decided in the same manner as the number of subdistricts and
the question of boundary lines; and no action under this section shall
become final until the same is approved by the State superintendent of
public instruction.

4. No children from beyond the limits of a subdistrict shall be received
into the school therein, except such as bring a special written permit is-
sued and signed by the school directors of such subdistrict. The school
directors of the subdistricts may grant such permits, and to children from
other subdistricts, but only to such children as have their tuition and
other expenses to the subdistrict fully provided for, by agreement with
the school directors from whose territory such children come, or by being
paid for privately to the subdistrict: provided, that the privileges of the
children residing in the subdistrict shall in no wise be interfered with
injuriously by the admission of children outside the boundaries of such
subdistrict.

5. As soon as practicable, after the approval of the State superinten-
dent of public instruction of the subdistricts, the district boards of the
districts in which such subdistricts are located, respectively, shall, after
fifteen days’ notice, posted at every postoffice in the district, appoint and
call a meeting of all persons having the right to vote at subdistrict meet-
ings as hereinafter provided, at some convenient place in each subdistrict,
for the organization of such subdistricts, respectively; for adoption of
by-laws: for election of school directors of such subdistricts; and for such
other purposes as may be lawfully acted upon by such meetings.

i. At such meetings, and all subsequent subdistrict meetings, herein-
after provided for, all male persons qualified to vote for members of the
general assembly of Virginia residing in such subdistrict and who are as-
sessed with school taxes shall be entitled to vote upon all questions con-
cerning such subdistrict school affairs; and any person entitled to vote at
any such meeting may be chosen thereby as a school officer of such sub-
district.

tv. At such organization meetings, respectively, a chairman shall be
chosen by a majority vote of the meeting. The chairman shall appoint
asecretary. It shall be the duty of the clerk of the district school board
of the district in which such subdistrict is located to furnish the meeting
in question with a copy of this act (the same to be furnished to him by
the superintendent of public instruction), and such act shall either be
read to the meeting, or the substance thereof explained to the same by the
chairman. This being done, the secretary shall make a list of all per-
sons present entitled to vote. If it be ascertained that less than one-
fourth of the persons of the subdistrict entitled to vote are present, the
meeting shall be adjourned from time to time until at least such one-
fourth in number of such persons are in attendance. Such attendance
of one-fourth in number of such persons shall be necessary for the trans-
action of business in this organization meeting, and in all subsequent
meetings hereinafter provided for.

8. When it shall be ascertained that the meeting is lawfully constituted
to transact business, it shall then proceed to adopt by-laws to define and
provide for the manner of calling future subdistrict meetings, annual and
special ; what person shall preside over the same; the proceedings thereat ;
the method of voting, except that all voting at this and all subsequent
meetings shall be by written ballots; the duties of the officers of such
subdistrict; and for the governing of other matters pertaining to the
welfare of the school of the subdistrict not contrary to law. The by-laws
may be changed or added to at any lawful meeting of the subdistrict. an-
nual or special.

9. The officers of each subdistrict shall be three school directors, who
from among their number shall choose one as chairman, another as treas-
urer, and another as clerk; all such officers shall hold their office for one
year, or until their successors are chosen and qualify. Before entering
upon their terms of office such officers shall take the oath prescribed bv
section eight hundred and twelve, and any of them’ may be required by
the by-laws of such subdistricts to give bond in the penalty and with the
surety prescribed by such by-laws: provided, that the subdistrict treas-
urer shall give bond of the form prescribed by law for county treasurers
with some solvent surety company doing business in the State as surety in
a penalty equal to double the amount of the total subdistrict school levy for
the ensuing year. The compensation of such officers, respectively, if any.
shall be provided for by each subdistrict in annual meeting. Any two of
such school directors shall constitute a quorum for the transaction of the
business of their board.

10. The school directors of each subdistrict shall constitute a sub-
district school hoard, and shall be a body corporate under the name and
style of the “subdistrict school board of subdistrict number (or
letter),” as the case may be, “of the county of —————,” by which
name it mav sue and be sued, contract, and he contracted with.

11. The first election of officers shall be at said organization meeting.
and subsequent elections of officers shall be at the annual subdistrict
meetings. Vacancies occurring between annual meetings shall be filled
by the remaining school directors, and appointments thus made shal! be
valid until the next subdistrict meeting. Should the school directors not
he elected or appointed, as above provided, the district school boards of
the districts in which such subdistricts are located, respectively, shall
make the appointments.

12. It shall be the duty of the secretary of the meetings to report
within ten days thereafter to the district board in which such aub-
districts are located, respectively, the names of the subdistrict officers
chosen and also such other action as may be taken by such meetings.

13. No one shall be chosen a school director who is unable to read and
write.

14. Special subdistrict meetings may be called at any time by the sub-
district school board, or, on application in writing of any ten persons en-
titled to vote in such meetings, as above provided, the chairman of such
subdistrict board may call any special meeting.

15. The annual subdistrict meetings, subsequent to the organization
meetings, shall be held during the month of May of each and every year.
and other special meetings at such times as they may be called, as above
provided. Annual and special meetings may be held at any place for

which they are called within the subdistrict, and may be adjourned from
time to time to any place within the subdistrict. A majority vote of
those present at such meetings, annual or special, provided there be pres-
ent at least one-fourth of the persons of the subdistrict entitled to vote
thereat as above provided, shall be decisive of all questions voted upon
thereat.

16. 1f the officers of the subdistrict unreasonably refuse to call a sub-
district meeting, a justice of the peace of the district in which such sub-
district is located, upon application of ten or more persons of the sub-
district entitled to vote at the meetings thereof, as above provided, may
call such meeting, annual or special, by a warrant under his hand, directed
to any constable of the district, if any, otherwise to any person applying
therefor, directing same to summon the persons entitled to vote at such
meeting as above provided, to assemble at the time and place and for the
purpose expressed in the warrant.

17. The division superintendents of the public schools of the division
in which such meetings are held, respectively, shall be entitled to be
present at any of said meetings and take part in the discussion of any
and all questions and to give advice and instruction, but shall not be en-
titled to vote thereat by virtue of this section.

18. At said organization meetings, and at said annual meetings there-
after, said subdistricts, respectively, may, unless the countv and district
school tax in such county already levied, as may be otherwise provided
iw law, aggregates five mills on the dollar, by majority vote, which shall
include a majority of the freeholders of such subdistrict, make, grant, and
vote in favor of a special levy, as a subdistrct school tax, of such amount
as they may judge necessary (provided, the aggregate of county, district,
and subdistrict school taxation shall not exceed five mills on the dollar)
for the further support of the public schools of such subdistrict, includ-
ing supplement to the teacher’s salary and supplement to the expenses of
furniture, apparatus, repairs, fuel, for the salary of the subdistrict
school officers, if any, and for all other necessary charges affecting the
efficiency and welfare of the schools of such subdistricts, respectively :
and such vote in favor of such levy shall be recorded on the minutes of
such meeting, and a copy of such minute shall be certified to the board
of supervisors. Whereupon the board of supervisors, at its next meet-
ing at which it lavs the general county levy for the ensuing year shall, in
addition to the county and district school tax otherwise provided for by
law, levy for such ensuing vear such subdistrict school tax as may have
heen voted in the respective school subdistricts of the county, and pro-
vide for the collection of the same in accordance with the provisions of
this act: which action of the board of supervisors shall be forthwith cer-
tified by the clerk thereof to the clerks of the respective school sub-
districts affected. Thereupon the clerk of said subdistrict school board
shall, in a book kept for the purpose, apportion and extend such levy
against the owners of all property, real and personal, within such sub-
district, and other subjects of taxation which should be taxed therein as
herein provided, which may be assessed against such owners and subjects
of taxation upon the land and property books of the county for the cur-
rent year and at the valuation fixed by such books. Thereafter, such
clerk shall make off from such book kept by him as aforesaid tax tickets
against the proper persons for such subdistrict school tax levy, and place
them in the hands of the treasurer of such subdistrict on or before No-
vember first of the current year, and such treasurer shall proceed to
collect the same, and on all such tickets not paid by December first of the
current year there shall be five per centum of the amount thereof added
thereto. Said school subdistrict treasurer, for the collection of such sub-
district school taxes shall have all the powers of distress and levy that
may be given by law to county treasurers for the collection of other taxes;
and each such tax ticket which may not be paid in any year, shall be at-
tached to the tax ticket rendered against the same person for the suc-
ceeding year or years, until paid, and all of such tax tickets shall be and
remain in date, and the subdistrict treasurer shall have the same pow-
ers from year to year with respect to the collection of all such un-
collected tax tickets as he may have with respect to tax tickets for
the current year; and such respective subdistrict school funds shall
be paid out by the subdistrict treasurer thereof upon warrant:
signed by the chairman and countersigned by the clerk of such sub-
district board of the form hereinafter prescribed; and reports shall be
made by such treasurer, annually, to the subdistrict annual meeting. an‘
settlement shall be made by such treasurer annually preceding such an-
nual meeting with the subdistrict school board with respect to such sub-
district school funds, and the result of such settlement and the levy voted
at each annual school subdistrict meeting shall be promptly certified by
the clerk of such subdistrict board to the school board of the county, and
by the latter certified to the division superintendent of schools along with
the estimates provided for in section fourteen hundred and forty-seven.
Every school subdistrict treasurer, on going out of office, shall deliver to
his successor all uncollected tax tickets, books, and papers belonging
his office and all money belonging to his school subdistrict fund, and such
successor shall have the same powers with respect to the collection of all
such uncollected tax tickets as he has with respect to tax tickets for the
current year. For every breach of any condition of the bond of every
school subdistrict treasurer, action shall be brought at the relation of
his successor (and such successor shall institute same promptly on coming
into office), for the benefit of the school subdistrict, before a justice of
the peace, if for a sum not exceeding one hundred dollars, and if for a
sum exceeding that amount, then in the circuit court of the county, or
the same may be recovered by motion in said court, after five days’ notice.
Upon any judgment rendered in such suit or motion a writ of fieri facia:
may issue, which shall conform in all respects to writs of fieri facias is-
sued under chapter thirty of the Code of Virginia, as amended, and be
proceeded with in the same manner.

The school directors of each subdistrict shall also have the following
powers and duties:

la. To explain, enforce, observe, and to make rules in execution of the
by-laws of their respective subdistricts and supplementary thereto, when
preheat for the government of the school of their respective sub-

istricts.
2a. To call general and special meetings of their respective subdistricts,
as provided for by the by-laws thereof and by law.

3a. To contract with the teacher of the school of their subdistricts
with respect to the supplement, if any, such subdistrict is to add to the
salary of such teacher, in addition to the salary paid same from the State,
county, and district school funds; and, subject to the rules and regula-
tions of the district school board in which such subdistrict is located, and
subject also to said by-laws, and such action as said subdistrict meetings
may have taken with respect thereto, if any, to contract for and author-
ize any other expenditures to be made by the subdistrict with respect to
the supplement, if any, such subdistrict is to add to the funds provided
from the State, county, and district school funds, for the expense of fur-
niture, apparatus, repairs, fuel, and other necessary charges affecting
the welfare and efficiency of such schools; and to provide for payment of
such supplement to the teacher’s salary and of such expenditures, in-
cluding the pay of the clerk of such subdistrict board of school directors
and of the school directors thereof, if any, as fixed by the next preceding
annual meeting of such subdistrict.

4a. To examine all claims against the subdistrict, and, when approved,
to pay the same by warrants drawn on the subdistrict treasurer signed
hv the chairman of such subdistrict school board of directors and counter-
signed by its clerk, payable to the person entitled to receive such money,
and stating on its face the purpose or service for which it is paid, and
that such warrant is drawn in pursuance of an order entered by the board
of school directors of the subdistrict in question (designating same plainly
by proper number or letter, on the —————- day of ——__———- (desig-
nating the date of the order).

5a. To visit the school of their respective subdistricts not less than
once each month throughout the school session and take care that it is
conducted according to law and with the utmost efficiency. They shall
also do what they can to secure the enrollment and regular attendance of
children at school and to promote the appreciation and desire of educa-
tion among the people.

6a. To determine what shall be the length of school session in their sub-
districts, respectively, each year, in addition to the school session which
is authorized by other proper school authorities for the expenses of which
additional length of session the subdistrict shall be responsible.

ia. To do all in their power to protect and improve the school prop-
erty, and to render it comfortable, decent, and attractive. They shall
also support and counsel the teacher and do what they can to secure
justice and harmony among all concerned.

8a. To report any matter required by the said division superintendent
of school at any time called upon.

9a. To perform such other duties as may be prescribed by the State
board of education or which may be imposed by law.

20. This act shall not interfere with the duties and authority of the
division superintendent of schools in respect to teachers and schools as
heretofore provided by law. Nor shall this act be considered as appli-
cable to cities or towns set off as separate school districts, having more
than one primary public school, except that such city or town districts are
hereby empowered to extend their lines beyond the corporate limits, so as
to embrace the children in the suburbs when the district school boards
of the districts which may be affected thereby shall agree upon the same.
And in case of disagreement, the matter shall be determined by appeal.
as hereinbefore provided; and where new lines have been established for
school districts the apportionment of school money to the school districts
shall be made to conform to such change.

21. It shall be the duty of the State board of education to make all
such rules and regulations as may be needed for carrying into effect the
provisions of this act.

22. Any State superintendent of public instruction, clerk, district
school trustee, division superintendent of schools or subdistrict school
officer failing or refusing to comply with the provisions of this act shall.
upon conviction, be deemed guilty of a misdemeanor, and be punished
by a fine of not less than fifty and not exceeding one thousand dollars.

23. This act shall apply to those counties, and only to those, in which
it may be adopted. after due consideration, by the county school board=
thereof, respectively: provided, that the county school board of any
county in which this act shall be adopted as aforesaid may, if in its
judgment the operation of the same is injurious to the interests of edu-
cation, apply to the State board of education for relief to the county from
the provisions of the act, and the said board shall have power to grant
such relief.