Chap. 154.—An ACT to amend and re-enact section 786 of the Code of
Virginia, as amended by an act approved February 25, 1920. [H B 116]

Approved March 29, 1923.

1. Be it enacted by the general assembly of Virginia, That
section seven hundred and eighty-six of the Code of Virginia, as
amended by an act approved February twenty-fifth, nineteen
hundred and twenty, be amended and re-enacted so as to read as
follows:

Section 786. Powers and duties of boards of trustees;
qualifications of trustees, and so forth; a corporation.—Every
school trustee shall, at the time of his appointment, be a resident
of the school district for which appointed, and if he shall cease
to be a resident thereof, his office shall be deemed vacant. Be-
fore entering upon the discharge of the duties of his office he
shall take and subscribe the oaths prescribed for officers of the
State before the corporation or the circiut court; or, in vacation,
before the judge or clerk of said court, and the clerk of the said

court shall make in his record book a minute of the qualification
of said trustee.

No State officer, except a notary public, no city officer, no
member of council, or any officer thereof, shall during his term
of office be chosen or allowed to act, as a school trustee; but this
provision shall not have the effect of prohibiting a referee in
chancery or commissioner in bankruptcy, or member of the
board of health, from holding such office.

The city school board of every city shall establish and main-
tain therein a general system of public free schools in accord-
ance with the requirements of the Constitution and the general
educational policy of the Commonwealth for the accomplishment
of which purpose it shall have the following powers and duties.

First. To explain, enforce, and observe the school laws, and
to make rules for the government of the schools, and for regulat-
ing the conduct of pupils going to and returning therefrom.

Second. To determine the studies to be pursued, the methods
of teaching, the government to be employed in the schools, and
the length of the school term.

Third. To employ teachers from a list or lists of eligibles to be
furnish by the division superintendent and to dismiss them when
delinquent, inefficient or in anywise unworthy of the position;
provided, that no school board shall employ or pay any teacher
from the public funds unless the teacher shall hold a certificate
in full force, according to the provisions of section six hundred
and eighty-eight of the laws relating to the public free schools
in counties; and provided, further, that it shall not be lawful for
the school board of any city or of any town constituting a sepa-
rate school district to employ or pay any teacher from the public
funds if said teacher is the father, mother, brother, sister, wife,
son, or daughter of any member of said board.

Fourth. To suspend or expel pupils when the prosperity
and efficiency of the school make it necessary.

Fifth. To decide what children, wishing to enter the schools
of the city, are entitled by reason of the poverty of their parents
or guardians to receive text-books free of charge, and to provide
for supplying them accordingly.

Sixth. To establish high and normal schools and such other
schools as may, in its judgment, be necessary to the completeness
and efficiency of the school system.

Seventh. To see that the census of children required by
section six hundred and fifty-three and six hundred and fifty-
four is taken within the proper time and in the proper manner.

Eighth. To hold regular meetings and to prescribe when
and how special meetings may be called.

Ninth. To call meetings of the people of the city for con-
sultation in regard to the school interests thereof, at which
meetings the chairman or some other member of the board shall
preside if present.

Tenth. To provide suitable school houses, with proper fur-
niture and appliances, and to care for, manage, and control the
school property of the city. For these purposes it may lease,
purchase, or build such houses according to the exigencies of the
city and the means at its disposal. No school house shall be
contracted for or erected until the plans therefor shall have
been submitted to and approved in writing by the division
superintendent of schools, and no public school shall be allowed
in any building which is not in such condition and provided with
such conveniences as are required by a due regard to decency
and health; and when a school house appears to the division
superintendent of schools to be unfit for occupancy, it shall be
his duty to condemn the same, and immediately to give notice
thereof, in writing, to the chairman of the school board, and
thenceforth no public school shall be held therein, nor shall any
part of the State or city fund be applied to support any school
in such house until the division superintendent shall certify, in
writing, to the city schol board that he is satisfied with the con-
dition of such building, and with the appliances pertaining
thereto.

Eleventh. To visit the public free schools within the city,
from time to time, and to take care that they are conducted ac-
cording to law, and with the utmost efficiency.

Twelfth. To manage and control the school funds of the
city, to provide for the pay of teachers and of the clerk of the
board, for the cost of providing school houses and the appurte-
nances thereto and the repairs thereof, for school furniture and
appliances, for necessary text-books for indigent children at-
tending the public free schools, and for any other expenses at-
tending the administration of the public free school system, so
far as the same is under the control or at the charge of the
school officers.

Thirteenth. To examine all claims against the school board,
and when approved, to pay the same; provided, that a record of
such approval shall be made in the proceedings of the board,
and a warrant on the city treasurer shall be drawn, signed by
the chairman of the board and countersigned by the clerk there-
of, payable to the person or persons entitled to receive such
money, and stating on its face the purpose or service for which
it is to be paid, and that such warrant is drawn in pursuance of
an order entered by the board on the day of ————_—___.

Fourteenth. It shall be the duty of the school board of
every city, once in each year, and oftener if deemed necessary,
to submit to the council, in writing, a classified report of all ex-
penditures and a classified estimate of what funds will be needed
for the proper maintenance and growth of the public schools

of the city, and to request the council to make provisions by ap-
propriation or levy, for the same.

Fifteenth. To perform such other duties as shall be pre-
scribed by the State board of education or are imposed by other
parts of this chapter.

City school boards shall, in general, have the same power in
relation to the condemnation or purchase of land and to the
vesting of title thereof, and also in relation to the title to and
management of property of any kind applicable to school pur-
poses, whether heretofore or hereafter set apart therefor, and
however set apart, whether by gift, grant, devise, or any other
conveyance and from whatever source, aS county school boards —
have in the counties, and in addition thereto, they shall have the
further right and power to condemn not in excess of five acres
of land for any one school, when necessary for school purposes,
whether dwellings, yards, gardens or orchards be invaded or
not. They shall also have a clerk, who may or may not be a
member of the board and who shall be charged with the same
duties as the clerk of a county school board, and whose salary
shall be fixed by the board.