Chap. 500.—An ACT to amend and re-enact section 1433 of the Code of
Virginia, as amended by an act approved December 28, 1903, as
amended by an act approved March 11, 1904, as amended by an act
approved March 15, 1906, as amended by an act approved March 14
1908, amending sections 1438, 1437 and 1438 of the Code of Virginia.
in relation to the duties of the State board of education and of division
superintendents of schools, to the composition of school] divisions, and
the salaries of division superintendents. (H. B. 130.)

Approved March 28, 1916.

1. Be it enacted by the general assembly of Virginia, That
section fourteen hundred and thirty-three of the Code of Vir-
ginia, as amended by an act approved December twenty-eighth
nineteen hundred and three, as amended by an act approved
March eleventh, nineteen hundred and four, as amended by ar
act approved March fifteenth, nineteen hundred and six, a:
amended by an act approved March fourteenth, nineteen hun.
dred and eight, amending sections fourteen hundred and thirty-
1916.] ACTS OF ASSEMBLY. 837

three, fourteen hundred and thirty-seven and fourteen hundred
and thirty-eight of the Code of Virginia, be amended and re-
enacted so as to read as follows:

Sec. 14338. Duties of the State board of education.—The
powers and duties of the board shall be as follows:

First. To divide the State into appropriate school divisions,
in the discretion of said board, comprising not less than one
county or city each, but no county or city shall be divided in
the formation of such divisions, and in the establishment of
such school divisions the said State board of education shall so
make up the same as to insure to each division superintendent
a salary of not less than nine hundred dollars per annum; pro-
vided that in any case where the aggregate population of two
adjacent counties, or of a city and the county in which it is
located, is now less than fourteen thousand people, and where
in the judgment and discretion of the State board of education,
it is not practicable to attach such counties or city to some
adjoining county or city so as to make up a division that will
provide a salary of not less than nine hundred dollars per annum
for the division superintendent thereof, then in such case the
State board of education may in its discretion put said counties,
or county and city, into a division, the superintendent of which
shall not receive less than seven hundred dollars per annum.

It shall, subject to the confirmation of the senate, appoint
for each of such divisions one superintendent of schools, who
shall hold office for four years and who, during his said incum-
bency of this office, shall be required to devote himself exclusively
to the discharge of its duties; provided that the State board of
education may in its discretion make an exception to this rule
of exclusive employment when in the judgment of said board
such exceptions will enure to the benefit of the public school
system in the division of such superintendent thus excepted.

And provided further, that in the case of any border county
touching another State than Virginia, and having a population
of less than fourteen thousand people, where the State board of.
education, in its discretion, may think that making an excep-
tion of such county from the requirements of this act will enure
to the best interest of the public school system therein, the said
State board of education may waive the requirements of this
act, as to the salary of the division superintendent of schools of
said county.

And provided, further, that when, on account of geographical
or other conditions, the grouping of two or more counties, or
the grouping of a county or counties and a city, will not be to
the benefit of said divisions, the State board of education may,
in its discretion modify the rule as to said grouping and as to
the minimum salary herein provided for.

The board shal] also prescribe the duties of such division
superintendent, and may remove him for cause and upon notice.
When a vacancy occurs during the recess of the general assem-
bly, it shall be filled by appointment of the board for the un-
expired term, and the appointee shall continue in office until
expiration of thirty days after the first meeting of the general
assembly; but it shall not be lawful when the general assembly
is not in session for the said board to appoint as division super-
intendent any person whose nomination has been previously re-
jected by the senate.

Second. To prescribe the duties of the superintendent of
public instruction.

Third. To approve the appointment of a first and second
clerk, and such other employees as may be necessary for the
office of the superintendent of public instruction, upon the nomi-
nation of that officer, and to fix their salaries. The first clerk,
who is hereby required to serve also as secretary of the State
board of education may be allowed for these extra services such
reasonable compensation as the board may deem just and
proper.

Fourth. To adopt by-laws for its own government and to
make all needful rules and regulations for the management and
conduct of the schools. Such rules and regulations, when pub-
lished and distributed, shall have the force and effect of law
until revised, amended or repealed by the general assembly.

Fifth. To provide for the examination of teachers by a
State board of examiners, and the inspection of schools by in-
spectors to be chosen by the State board of education, or by the
adoption of such other plans as the board may, in its discretion,
deem wise and expedient. The duties, compensation, and ex-
penses of such examiners and inspectors, shall be fixed by the
State board of education, and paid as other expenses of said
board are paid.

Sixth. To select text books and educational appliances for
use in the public schools of the State of Virginia, exercising
such discretion as it may see fit in the selection of books suitable
for the schools in the cities and counties, respectively, subject
to the conditions and restrictions hereinafter set forth; but no
text books which may hereafter be adopted for use in any public
free school in the State of Virginia shall be changed or sub-
stituted until the same shall have been used for a period of not
less than four years.

Seventh. To guard by regulations against such a multipli-
cation of schools in proportion to the funds provided as will tend
to cause a low grade of instruction in the schools or in any other
way impair their efficiency.

Eighth. To approve or amend the plans of the superin-
tendent of public instruction for the organization and conduct
of the summer normal schools, to audit the accounts for the
expenses of such schools, and issue warrants for the payment
ihereof as other warrants are issued by the said board.

Ninth. To decide appeals from the decisions of the super-
intendent of public instruction, provided, that all the facts and
arguments in each case shall be presented in writing, and in
such form as the board may prescribe.

Tenth. To order the sense of voters to be taken in counties
or districts on all matters which may be properly so referred
under the provisions of the school law whenever deemed proper
by the board.

Eleventh. To invest the capital and unappropriated income
of the literary fund in bonds of this State, or of the United
States, or in bonds of railroad companies, secured by first mort-
gages, whose market value for six months preceding the invest-
ment has not been less than ninety cents on the dollar, or in
bonds made by one or more of the district school boards of the
different school districts in this State, and when such school
bonds are purchased on account of the literary fund, a lien in
favor of said fund is hereby created against all the funds and
income of said district, as well as upon the property upon which
said loan is made. The said board may call in any such invest-
ment, or any heretofore made, and re-invest the same, as afore-
said, whenever deemed proper for the preservation, security, or
improvement of the said fund. Whenever, in accordance with
this section, the board shall invest as aforesaid in bonds of this
State no premium shall be required or paid on such investment.
All securities for money belonging to the literary fund shall be
deposited with the second auditor for safekeeping, who shall
return with his annual report a list thereof with a statement of
their value. " ,

Twelfth. To audit all claims which are to be paid out of the
literary -fund, and to allow so much thereof as shall appear to
be due, provided, that not more than ten years shall have elapsed
when by law such claim might have been presented for payment.
For any claims so allowed, certified by the secretary and pre-
siding officer of the board, the second auditor shall issue his
warrant on the treasurer, signed by the second auditor and
attested by one of his clerks. All money belonging to the lit-
erary fund shall also be received into the treasury on the war-
rant of the second auditor, who shall also be the accountant of
the said fund.

Thirteenth. To approve or amend the schemes prepared by
the superintendent of public instruction for apportioning the
money appropriated by the State for public free school pur-
poses among the several counties and cities of the State.

Fourteenth. To determine the necessary contingent ex-
penses of the office of the superintendent of public instruction,
including stationery, postage, printing, furniture and other
charges, to examine the accounts thereof; and, when approved,
to issue warrants on the second auditor for the payment of the
same, said warrants to be signed by the secretary and the pre-
siding officer of the board.
Fifteenth. To punish division superintendents of schools for
negiect of duty, or for any official misconduct, by reasonable
fines, to be deducted from their pay; by suspension from office
and pay for a limited period, or by removal from office.

Sixteenth. To appoint a board of directors, consisting of
five members, to serve without compensation, which shall have
the management of the State library (except the law library),
and the appointment of a librarian and other employees thereof
subject to such rules and regulations as the general assembly
shall prescribe.

Seventeenth. To observe the operations of the public free
<chool system, to regulate such matters as may arise in the prac-
tical administration thereof not otherwise provided for, and to
suggest to the general assembly any improvements deemed
advisable therein, and for which the said board has no power ta
provide.

Eighteenth. To make a report to the general assembly at
pach regular session, covering the annual report of the superin-
tendent of public instruction giving an account of the operations
of the board for the two school years immediately preceding the
session of the general assembly.

Nineteenth. To perform such other duties as may be pre-
scribed by law.

Twentieth. Such reasonable expenses as the members of
the board, except the governor, the attorney general, and the
superintendent of public instruction, may incur in attending
the meetings of the board, or any committee thereof, shall be
paid from the funds at the command of the board by- warrant
on the second auditor as other expenses of the board are paid.