Chap. 259,—An ACT to Establish and Maintain a Uniform System of Pub-
lic Free Schools.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That there shall
be established and maintained, in this state, a uniform system
of public free schools.

Authorities.

2. The public free school system shall be administered by
the following authorities, to wit: a board of education, a su-
perintendent of public instruction, county superintendents of
schools, and district school trustees.

Of the board of education.

8. The board of education shall be a corporation by that
name, and shall consist of the governor, the superintendent of
public instruction, and the attorney-general. It shall have all
the rights and powers now or heretofore vested in the board
of the literary fund. The governor shall be the president of
the board, if he is present, and in his absence one of the other
members shall be called to preside.

4, A meeting of the board may be held at any time upon
the call of any member thereof: provided, that due notice of
the time of holding such meeting be given to all the members.
The place of meeting shall, ordinarily, be the office of the su-
perintendent of public instruction.

5. A faithful record shall be kept of all the proceedings of
the board, which shall be signed by the member presiding at
the sitting when they occurred, and shall be at all times open
toinspection. A copy thereof, or any part of the same, certified
by the secretary of the board, shall be evidence in all cases in
which the original would be. ae

6. Any money which ought to be paid into the public trea-
sury to the credit of the literary fund, shall (unless other pro-
vision be made therefor) be recoverable, with interest, in the
manner prescribed by the first section of the seventy-first
chapter of the Code of Virginia, of the year eighteen hundred
and sixty, for the recovery of money, to be paid to the credit
of the fund for internal improvement. And the second, third,
fourth, and fifth sections of that chapter shall apply also to the
board of education.

_7. The duties of the board of education shall be as follows,
viz:

First—To make by-laws and regulations for its own govern-
ment, and for carrying into effect the school laws.

Second—To observe the operations of the free school sys-
tem, and to suggest to the general assembly any improve-
ments deemed advisable therein.

Third—To invest all the capital and unappropriated in-
come of the literary fund in certificates of debt of the United
States, or certificates of debt of, or guaranteed by this state,
or in bonds of railroad companies, secured by first mortgage,
whose market value for six months preceding the investment
has not been less than ninety cents in the dollar. And the
said board may call in any such investment, or any heretofore
made, and re-invest the same as aforesaid, 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 original certificates of debt
of this state, no premium shall be required or paid on such in-
vestment. All securities for money belonging to the literary
fund shall be deposited with the second auditor for safe keep-
ing, who shall return, with his annual report, a list thereof,
and statement of their value.

Fourth—To appoint and remove district school trustees,
until otherwise provided.

Fifth—To appoint and remove county superintendents of
schools, subject to confirmation by the senate: provided, that
vacancies may be filled on their occurrence, and that any such
action taken by the board in the recess of the general assem-
bly shall continue in force until the expiration of thirty days
after the assembling of the next general assembly.

Sixth—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 this act, whenever deemed proper by
the board, and to make suitable regulations for conducting the
same and ascertaining the results thereof, either in connection
with elections for other parposes, or by special arrangements,
when necessary.

Seventh—To decide appeals from decisions of the superin-
tendent of public instruction: provided, that all the facts and
arguments in each case shall be presented in writing.

ighth—To determine the necessary contingent expenses
of the superintendent’s office, including stationery, postage,
printing, furniture, and other necessary charges; to examine
the accounts thereof, and certify the same for payment, when
approved.

inth—To audit all claims arising under this act which are
to be liquidated out of the state funds, and to allow so much
thereof as shall appear to be due: provided, that not more
than ten years shall have elapsed from the time when, by law,
such claim might have been presented for payment. For any
claims so allowed, certified by the secretary and the presiding
ofiicer of the board, the second auditor shall issue his warrant
on the treasurer, signed by the said auditor and attested by
one of his clerks. All money belonging to the literary fund
shall also be received into the treasury on the warrant of the
same auditor, who shall also be the accountant of the said
fund.

Tenth—To approve the appointment of a clerk for the of-
fice of superintendent of public instruction, who shall also act
as secretary of the board, upon the nomination of the superin-
tendent of public instruction: provided, that the compensa-
tion of such officer shall be fixed by the board of education,
not to exceed twelve hundred dollars per annum.

Eleventh—To regulate all matters arising in the practical
administration of the school system, which are not otherwise
provided for.

Twelfth—To make an annual report to the legislature, on or
before the first day of November, covering the annual report
of the superintendent of public instruction, giving an account
of the operations of the board during the year ending the pre-
ceding thirty-first day of August (which shall in all cases be
deemed the end of the school year), and especially showing
the condition of the literary fund, and making suggestions
with regard to the same.

Thirteenth—To punish county superintendents for neglect
of duty, or for any official misconduct, by reasonable fines, to
be deducted from their pay, by suspension from office and pay
for a certain time, or by removal, subject in the latter case to
confirmation by the senate, as hereinbefore provided.

Of the superintendent of public instruction.

8. A superintendent of public instruction shall be elected
by the general assembly, by joint vote, within thirty days after
the meeting of eighteen hundred and seventy-three and sev-
enty-four, and every four years thereafter, the term of office
to commence on the fifteenth day of the March following his
election ; any vacancy in the office arising from death, resigna-
tion, removal from the commonwealth, permanent disability,
or otherwise, to be filled by the governor temporarily, if the
same occur during the recess of the general assembly, the com-
mission to expire at the end of thirty days after the next assem-
bling of that body, whose duty it shall be to elect a successor,
who shall enter upon his duties as soon as practicable after his
election, and shall continue to serve four years from the fif-
teenth day of the March following his election.

9. The salary of the superintendent of public instruction
shall be payable monthly, and shall be such as the general as-
sembly shall, from time to time, direct. For the year ending
the fifteenth day of March, eighteen hundred and seventy-one,
it shall be two thousand dollars. He shall also be allowed his
necessary traveling expenses, whilst engaged in the duties of
his office, to be approved by the board of education, not to
exceed, in the aggregate, five hundred dollars in any one year.

10. A convenient office shall be provided for the use of the
superintendent of public instruction and the board of educa-
tion.

11. The superintendent of public instruction shall be the
chief executive of the public free school system, upon whom
shall devolve the following duties, to wit:

First—He shall take care that the school laws and regula-
tions be faithfully executed, and shall use all proper means to
promote an appreciation and desire of education among the

eople.
Second—It shall be his duty to determine the true intent
and meaning of the school laws and regulations, and to explain
to the county superintendents and other school officers the se-
veral duties enjoined thereby upon them, and his decision shall
be final, unless and until reversed by the board of education.

Third—He shall prepare suitable registers, blank forms, and
regulations for making all reports and for conducting all ne-
‘cessary business under this act, and by circulars and otherwise,
shall give such information and instructions as he shall deem
conducive to the proper organization and government of the
public free schools and the due execution of their duties by
the school officers.

Fourth—He shall require of county superintendents detailed
reports annually, and as often besides as he may deem proper;
and he may require special reports, at any time, of any officer
connected with the school system. He may also appoint per-
sons, at his discretion, to visit or examine all or any of the
public free schools in the county wherein such persons reside,
and report to him, touching all such matters respecting their
condition and management, and the means of improving them,
as he may indicate; but no allowance or compensation shall
be made to such persons for their services or expenses.

Fifth—It shall be his duty, as often as may be consistent
with his other official engagements, to make tours of inspec-
tion among the public free schools throughout the state.

Sixth—He shall decide all appeals from decisions of county
superintendents of schools, when made in prescribed form;
but he may, at his discretion, refer the matter to the board of
education, whose decision shall always be final. But appeals
shall lie in all cases from the decisions of the superintendent
of public instruction to the board of education.

eventh—Copies of his decisions and of the decisions of
the board, as well as of all his official papers, shall be kept on
file in his office, and be open to the inspection of persons con-
cerned.

Kighth—He shall also preserve, in convenient arrangement
in his office, all such school documents from other states and
governments, books or pamphlets on educational subjects,
school books, apparatus, maps, charts, and the like, as have
been or shall be furnished gratuitously for public use, or pur-
chased for the use of his office.
Ninth—He shall annually, and as often besides as he may
deem necessary, prepare a scheme for apportioning the money
appropriated by the state for public free school purposes,
among the several counties and cities on the basis of the num-
ber of children between the ages of five and twenty-one years,
in each school district, as ascertained from the census of the
previous year, or in default of that, from the latest and best
official authority accessible to him. This scheme shall be
accompanied by summaries of the data on which the same is
founded, and when approved by the board of education, a
copy thereof and of the summaries aforesaid, shall be turnished
to the second auditor, to each county superintendent of schools,
and to each county treasurer.

Tenth—He shall provide for his office a suitable official seal,
with which he may authenticate official documents.

Eleventh—He shall annually submit to the board of educa-
tion, on or before the first day of October, a detailed report
of his official proceedings for the year ending the thirty-first
day of August preceding, exhibiting a plain statistical account
of receipts and expenditures for public free schools, and of
their condition and progress, showing the number of children,
male and female, white and colored, respectively, in the state,
and in each county, city and school district between the ages
of five and twenty-one years, the average and total number at
school during the year, the average wages paid to teachers of
either sex, the amount of each branch of school expenditure
severally, the cost of education per scholar, and whatever else
may tend to show the degree of. success and usefulness of the
system. He shall also be at liberty, and it shall be his duty,
to offer suggestions to the board of education and to the gene-
ral assembly, concerning matters pertaining to his department,
at any time that the public interest seems to him to require it.

Twelfth—He shall discharge any other duties which may
hereafter be required of him by law.

Of county superintendents.

- 12. The regular term of office for county superintendents
shall be three years from the first day of January next suc-
ceeding their appointment.

13. The pay of the county superintendents of schools shall
be determined by the board of education; but not to exceed
the annual rate of fifteen dollars for every thousand of popu-
lation, rejecting fractions, together with five dollars for every
public free school of one teacher, and ten dollars for every
graded school maintained according to law within the territory
under their supervision: provided, that the salary of no county
superiutendent shall be more than three hundred and fifty dol-
lars a year.

14. The duties of each county superintendent of schools
shall be as follows, viz:

First—To explain the school system upon all suitable occa-
sions, and to promote an appreciation and desire of education
among the people by all proper means in his power.
Second—To .take the needful steps, under directions from
the superintendent of public instruction, to submit to the
voters of each county the question whether the county shall
raise additional sums, by taxation therein, for the support of
public free schools, not exceeding the amount of the appor-
tionment from the state, together with the allowance to the
county superintendent of the amount designated by the board
of education, not exceeding the amount specified in the pre-
ceding sections: provided, that if upon any such proposition,
the votes for and against it shall be equal, the county superin-
tendent of school shall give the casting vote.

Third—To prepare annually, and at such other times as may
be necessary, under directions from the superintendent of public
instruction, a scheme for apportioning the state and county
school funds among the school districts within each county un-
der his supervision; which scheme, having been first submitted
to the superintendent of public instruction, and approved by
him, a copy thereof shall be furnished to the county treasurer,
and to the clerk of each school district, and also to the
editor of each newspaper which may be published within the
county. .

Fourth—To examine persons applying for license to teach
in the public free schools, and if satisfied as to their capacity,
acquirements, morals, and general fitness, to grant them certi-
ficates of limited duration, subject to revocation; all to be
done in accordance with directions from the superintendent of
public instruction.

Fifth—To promote the improvement and efficiency of teach-
ers by all suitable and proper methods, under directions from
the superintendent of public instruction.

Sixth—To assist in the organization of boards of district
school trustees, with the privilege of being present at all meet-
ings of such boards, and of participating in the discussions of
questions therein, but not of voting.

Seventh—To visit and examine all the schools and school
districts under his care as often as practicable, to inquire into
all matters relating to their management, the course of study
and mode of instruction therein, their text books and discip-
line, the condition of the school-houses, sites, out-buildings
and appendages, and in general, into whatever concerns the
usefulness and perfection of the public free schools under his
supervision; to examine the records and official papers ot the
school districts, to advise with and counsel the school trustees
and teachers in relation to their duties, and to call especial
attention to any neglect or violations of any laws or regula-
tions pertaining thereto; and when necessary, to take lawful
measures to abate nuisances, or to condemn, as unfit to be
longer used, any school-houses, the occupancy of which, for
any reason, is likely to endanger the health of the pupils.

ighth—To decide finally all appeals or complaints con-
cerning the acts of any persons connected with the school
system within his bounds unless the matters in question are
properly referable to other authorities: provided, that teach-
ers or officers belonging to the system shall have the right of
appealing from the decisions of the county superintendent to
the superintendent of public instruction.

Ninth—To administer oaths and take testimony in all mat-
ters relating to public schools, whenever required, in cases
pending or to come before himself or before the superinten-
dent of public instruction, or before the board of education.

Tenth—To keep in a bound volume a record of his own
official acts, and to file methodically all official papers.

Eleventh—To require from clerks of boards of district
school trustees detailed reports annually, and oftener if neces-
sary, of the statistics touching the public free schools of their
respective districts, as the said county superintendent shall
prescribe.

Twelfth—To observe such directions and regulations as the
superintendent of public instruction may from time to time
prescribe; to make special reports to that officer whenever
required, and on or before the tenth day of September, an-
nually, to make to him a report for the year ending the thirty-
first day of August preceding, in such form and containing all
such particulars as shall be prescribed and called for; and until
such annual report shall have been received at the office of
the superintendent of public instruction, the county superin-
tendent shall not draw his last instalment of pay from the
state treasury. <A copy of the said annual report, unless the
superintendent of public instruction shall direct otherwise,
shall be furnished to every newspaper published in the county.

Of district school trustees.

15. As soon as may be after this act shall take effect, the
board of education shall appoint in each school district in the
state, three school trustees, to serve one, two, and three years,
respectively ; and annually thereafter, it shall appoint the school
trustee in each school district, to serve for three years.

16. No supervisor or county treasurer shall be chosen or be
allowed to act as district school trustee.

17. Every school trustee shall, at the time of his appoint-
ment, be a resident of the school district for which he is ap-

ointed; and if he shall cease to be a resident thereof, his of:
ce shall be deemed vacant, and a successor shall be appointed.

18. Every school trustee shall be exempt from serving on
juries, from working on roads (but not from any road tax on
proper ), and from militia service in time of peace.

19. Every person appointed school trustee, shall be promptly
notified of his appointment by the county superintendent of
schools; and unless, within ten days thereafter, he shall inform
the said county superintendent in writing that he declines, he
shall be regarded as in office, and subject to all the laws and
reg ulations pertaining thereto.

0. Each board of school trustees shall hold its first meet-
ing at the call of the county superintendent of schools, two
members constituting a quorum; and at this meeting, one
of the members shall be appointed chairman and another
clerk.
21. It shall be the duty of the clerk, within sixty days after
his appointment, and annually thereafter, in the month of July,
to take a census of all persons residing in the school district
between the ages of five and twenty-one years, and to gather
statistics relating to the interests of education, according to
forms furnished from the office of the superintendent of pub-
lic instruction.

22. The clerk shall keep in a bound volume a record of the
proceedings of the board, and in another book a cash account
and a record of his own official acts, and shall keep on file
vouchers, contracts, and other official papers; all of which shall
be open to the inspection of the county superintendent of
schools, and of every citizen of the district, and shall be sub-
ject to such periodical examinations as shall be prescribed by
the board of education.

23. The clerk shall discharge such other daties in connec-
tion with the school business of the district as may be required
of him, and for his services, he may be allowed, out of the dis-
trict funds, not exceeding two dollars a day for every day of
service rendered.

24. The duties of boards of school trustees shall be, in gene-
ral, as follows, subject to be defined more particularly by the
board of education, and in other parts of this act, to wit:

First—To explain and enforce the school laws and regula-
tions, and themselves to observe the same.

Second—To employ teachers and to dismiss them, when de-
linquent, inefficient, or in any wise unworthy of the position.

Third—To suspend or dismiss pupils when the prosperity
and efficiency of the schools make it necessary.

Fourth—To decide what children, wishing to enter the
schools of the district, 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.

Fifth—To see that the census of children, required by sec-
tion twenty-one of this act, is taken in the proper time and in
proper manner.

Sixth—To hold regular meetings at fixed periods, to be pre-
scribed by the board of education, and special meetings, when
called by the chairman or by any two members.

Seventh—To call meetings of the people of the district for
consultation in regard to the school interests thereof, at which
meetings the chairman or some other member of the board
shall preside, if present.

Kighth—To prepare and submit to the voters of the district
questions touching a tax on the property in the district, in or-

er to provide school houses, school books for indigent chil-
dren, and other school appliances and current expenses, such
as are prescribed by law. When practicable, these questions
shall be submitted in connection with elections held for other
purposes, under the general election law of the state; but the
polls may be opened for the same purpose at such other times
and under such regulations as may be prescribed by the board
of education. If in any case occurring under this act, there
should, on polling the votes, prove to be an equal number of
votes on both sides, the chairman of the board of district
school trustees shall give the casting vote.
Ninth—To take care of, manage, and control the school

property of the district.

enth—‘T'o report on any special matter when required by
the county superintendent of schools, and to report to him an-
nually, by the tenth day of September, down to the first day
of that month, on all subjects indicated in the blank forms
supplied for the purpose, and until that report shall be deli-
vered, the clerk shall not be allowed to draw his last instalment
of pay for his services.

leventh—To visit the public free schools within the district
from time to time, and to take care that they are conducted
according to law, and with the utmost efficiency.

Of school districts.

25. School districts shall be numbered, or named, in the
several townships, by the county superintendents of schools,
and shall be duly reported to the superintendent of public in-
struction, and recorded in his office and also in that of the
clerk of the county court.

26. Each district shall be a body corporate, and shall be
designated as school district number , in town-
ship, in the county of , by which name it may sue and
be sued, contract and be contracted with, and take, hold, and
convey property.

27. Until further provided, the districts shall correspond in
boundaries with the townships.

General rules for officers.

28. Higher officers may temporarily discharge, or make
special provision for the discharge of, the duties of the lower,
in cases of absence, neglect, disability, or unsupplied vacancy.

29. No member of the board of education, nor any county
superintendent of schools, nor school trustee, nor any other
school officer, nor any teacher of a public free school, shall have
any pecuniary interest, directly or indirectly, in supplying books,
maps, school furniture, or apparatus to the public free schools of
this state, nor shall act as agent for any author, publisher, book-
seller, or dealer in any such school furniture or apparatas, or
directly or indirectly receive any gift, emolument, reward, or
promise of reward, for his influence in recommending or pro-
curing the use of any book, map, or school apparatus or fur-
niture of any kind in any public free school of this state. And
any school officer or teacher who shall violate this provision,
besides being removed from his post, shall be subject to a

enalty of not less than ten nor more than five hundred dol-
ars. Exceptions to the requirements of this section may be
made by the board of education, in the case of a school officer
being the author of school books or maps, or the inventor of
school furniture or apparatus, in which case the board of edua-
cation may, at its discretion, make specific arrangements
whereby such school officer may, if his book or invention be
adopted by proper authority, enjoy the benefits of the pro-
ceeds thereof without offence: provided, that no unfair ad-
vantage be allowed over other competitors in securing the
adoption of the book or invention.

30. All school officers going out of office, shall deliver to
their successors the records and all official papers belonging to
the office. In case of the refusal or failure of any officer to
do so, on demand by his successor, he shall forfeit not less than
twenty-five nor more than one hundred dollars therefor, and a
like penalty for each month during which he shall persist in
withholding the same.

31. Any county superintendent of schools, school trustee,
or other school officer, or any teacher in a public free school,
who shall, by malfeasance or neglect, offend against the pro-
visions of this act, if no other specific penalty be prescribed,
shall be subject to a fine of not less than five nor more than
fifty dollars for each offence.

32. All penalties and forfeitures imposed by this act upon
a county superintendent of schools, shall be for the benefit of
the public free schools of the county, and all penalties imposed
upon school trustees, or other district school officers, or upon
teachers, shall be for the benefit of the public free schools of
the district where the offence is committed. The suit for such
penalties shall be in the name of the commonwealth, and if
prosecuted in a court of record, it shall be the duty of the at-
torney for the commonwealth for the county to conduct the
same. It shall also be the duty of the attorney for the com-
monwealth and any school officer of the county, or of any
school district, as the case may be, to set such prosecution on
foot: provided, that if a penalty shall be inflicted for any such
offence, by any of the school authorities in pursuance of this
act, the party shall not be a second time subjected to a penalty
therefor.

Of teachers.

83. No teacher of a public free school shall be employed, or
shall receive any pay trom the public funds, unless he or she
sball hold a certificate of qualification in full force, given to
him or her by the county superintendent for the county within
which he or she is employed. No such payment shall be al-
lowed if made, and any officer who shall make or sanction it,
shall also be subject to a penalty of not less than five nor more
than fifty dollars.

34. Every teacher in a public free school shall keep a daily
register of facts pertaining to his school, in such form as the
school regulations shall require, and shall be responsible for
the safe-keeping and delivery of the same to the clerk of the
school district at the close of the school term, or of the period
of his service, whichever shall first happen.

35. Written contracts shall be made with all public free
school teachers, in a form to be prescribed by the school regu-
lations, before they enter upon their duties. Such contracts
shall be signed in duplicate, each party holding a copy.

36. A teacher of a public free school may, for sufficient
cause, suspend pupils from attendance on the school until the
case is decided by the board of school trustees, which shall be
with as little delay as possible.

37. A teacher of a public free school, whilst acting as such,
during vacation as well as during the school term, shall enjoy
the same exemptions which are granted to school trustees.

38. The board of education shall have power, at its discre-
tion, to invite and encourage meetings of teachers at conve-
nient places, and to procure addresses to be made betore such
meetings, touching the processes of school organization, disci-
pline, and instruction: provided, that no public money shall
be expended for the purposes of’ this section.

Of schools and school property.

39. School houses, school furniture, school apparatus, and all
other school property pertaining to each school district, shal}
be vested in such district, and held by it as a corporation, in
pursuance of section twenty-six of this act.

40. Counties and school districts, as corporate bodies, may
receive donations of real or personal property for the benefit
of public free schools within their respective limits; and such
property, when given to a county, shall be managed and ap-
plied by the county superintendent of schools; and when
given to a school district, shall be managed and applied by the
school trustees of such district, according to the wishes of the
donors, under regulations prescribed by the board of educa-
tion, whose duty it shall be, on any change in the limits of the
county or district, to make provision for the continued fulfil-
ment of the purposes of sach donors, as far as practicable.

41. The board of school trustees shall provide suitable
school houses, with proper furniture and appliances, in every
school district; and to that end may hire, purchase, or build
such houses, according to the exigencies of the district and
the means at their disposal.

42. If, in the judgment of such school trustees, the public
interests demand that a school house be located on a particu-
lar spot, and no equitable arrangement for its purchase prove
to be practicable, the board of trustees shall be authorized,
and it shall be its duty, to cause the desired parcel of land to
be surveyed by the county or other competent surveyor, and
a plat of the same to be filed, together with a general state-
ment of the case, with the clerk of the county court, and
thereupon shall ensue the same proceedings as are prescribed
to enable a company, county, or town to take land without
the owner’s consent, in sections six to twenty-one inclusive, of
chapter fifty-six of the Code of eighteen hundred and sixty,
or in any amendment of the same or other law providing for
the condemnation of land for such purposes: provided, that
no parcel of land thus condemned shall exceed forty square

j
poles in a city, eighty square poles in an incorporated town, or
five acres in the country: and provided also, that no dwelling,
yard, garden, or orchard shall be invaded, nor in an unincorpo-
rated village, any space within one hundred feet of a dwelling,
nor in the country, any space within four hundred yards of a
mansion house without the consent of the owner.

43. In erecting or providing school houses for public free
schools, the utmost economy shall be observed consistent with
health and decency, and no house shall be erected without
first consulting with the county superintendent concerning the
style of the structure and the arrangements about the buildings
and grounds. No public school shall be allowed in any build-
ing which is not in such condition and provided with such con-
veniences as are required by a due regard to decency and
health; and when a school house shall appear to the county
superintendent of schools to be thus 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 board
of district school trustees, and thenceforth no public free
school shall be held therein, nor shall any part of the state or
county fund be applied to support any school in such house
until the county superintendent shall certify, in writing, to the
board of district school trustees, that he is satisfied with the
condition of such building and with the appliances pertaining
thereto.

44. No school district shall receive any part of the funds un-
less it has made provision for school houses, furniture, appa-
ratus, text-books for indigent children, and all other means and
appliances needful for the successful operation of the schools.

45. The pay of teachers shall be drawn from the state and
county funds in the same proportion which those funds may
bear to each other.

46. No state money shall be paid for a public free school
in any school district, until there is filed with the county su-
perintendent a written statement, signed by the chairman and
clerk of the board of district school trustees, testifying that
the school has been kept in operation for five months during
the current school year, or that arrangements have been made
which will secure the keeping it in operation that length of
time: provided, that in case of the unavoidable discontinuance
of aschool before the expiration of the time required, the
board of education shall be allowed to relax the requirements
of this section, and to decide the case on its merits.

47. The public free schools shall be free to all persons be-
tween the ages of five and twenty-one years, residing within
the school district ; and in special cases, to be regulated by the
board of education, those residing in other districts may be
admitted: provided, that white and colored persons shall not
be taught in the same school, but in separate schools, under
the same general regulations as to management, usefulness, and
efficiency ; but no person shall be allowed to attend any public
school whose father, if he be alive and resident within the
school district, and not a pauper, shall not have paid the capi-
tation tax in aid of public free schools last assessed on him, in
pursuance of section five of article ten of the constitution, and
section fifty-seven of this act.

48. A minimum number of pupils, under regulations to be
presoribed by the board of education, shall be required in or-

er to form a public free school, and special provisions shall be
made whereby minorities in a district, who might, under the
general law, be deprived of the benefits of free school educa-
tion, may enjoy a proportionate share of the school funds.

49. Persons suffering with contagious diseases shall be ex-
cluded trom the public free schools while in that condition,
and the teachers shall require of the pupils cleanliness of per-
son, and good behavior during their attendance at the school
and on the way thither and back to their homes; and no pupils
shall be admitted unless they have been vaccinated.

50. In every public free school shall be taught orthography,
reading, writing, arithmetic, grammar, and geography; and no
other branches shall be introduced except as allowed by special
regulations to be devised by the board of education.

1. Uniformity of text-books, and the furnishing of school
houses with such apparatus and library as may be necessary,
shall be provided for on some gradual system by the board of
education.

52. In all localities where the number of children is suffi-
cient, preference shall be given, under suitable regulations, to
graded schools: that is to say, to schools in which the pupils
are taught in the same building, but in different rooms and by
different teachers, according to advancement—the studies
being the same as in the schools which have but one teacher.

53. The number of schools in the state shall be according
to the funds available for the purpose, and they shall be dis-
tributed, under the direction of the board of education, amongst
the counties and cities, in proportion to the number of children
between the ages of five and twenty-one years, resident in
such counties and cities.

54. It shall be the duty of the board of education to guard,
by regulation, against so great a multiplication of schools, in

roportion to the funds provided, as will tend to occasion a
ow grade of instruction in the public free schools.

55. When the funds apportioned to a county are not suffi-
cient to allow of a school in every district thereof, the loca-
tion of the school or schools to be established shall be deter-
mined by a convention, summoned and presided over by the
county superintendent; which convention shall be composed
of a representative from each board of district school trustees
in the county, and shall be held as soon as practicable after the
county appropristion has been voted. In determining loca-
tions of schools in such cases, reference shall be had to density
of population, accessibility to the county at large, and the
most advantageous offers of accommodations and aid: provided,
that the schools so located, shall be opened under such regu-
lations as that the scholars of no district shall be deprived of
the benefits of a school. In the event of an equal number of
votes on both sides in any such convention, the casting vote
shall be given by the county superintendent.
56. There shall be and are hereby set apart as a permanent and
perpetual literary fund, the present literary funds of the state,
the proceeds of all public lands donated by congress for pub-
lic school purposes, of all escheated property, of all waste and
unappropriated lands, of all property accruing to the state by
forfeiture, and all fines collected for offences committed against
the state, donations made for the purpose, and such other sums
as the general assembly may appropriate. The same shall be
known by the name of The Literary Fund, and shall be invested
and managed by the board of education, as prescribed in clause
three of section seven of this act. The principal of the said
fund shall always remain unimpaired and entire, and the an-
nual income arising therefrom shall be and hereby is dedicated
exclusively to the support and maintenance of public free
schools in this state.

57. The funds applicable annually to the establishment, sup-
port, and maintenance of public free schools in this state, shall
consist of—

First—State funds—embracing the annual interest on the lite-
rary fund, a capitation tax of not exceeding one dollar per an-
num on every male citizen who has attained the age of twenty-
one years, and such tax on property, not less than one mill nor
more than five mills on the dollar, as the general assembly shall
from time to time order to be levied.

Second—County funds—embracing such tax as shall be
agreed to by the voters of any county, in pursuance of clause
two of section fourteen of this act, fines and penalties imposed
in pursuance of section thirty-two of the same, and donations,
oF per! income arising therefrom, in pursuance of section forty

ereof,

Third—District funds—embracing such tax as shall be agreed
to by the voters of any school district, in pursuance of clause
six of section twenty-four of this act, fines and penalties im-
posed in pursuance of section thirty-three of the same, and

onations, or the income arising therefrom, in pursuance of
section forty hereof: provided, that no tax, to be raised by
counties or school districts for the support of public free
schools, shall in any case exceed five mills on a dollar in any
one year.

08. Taxes imposed for public free school purposes, whether
by the state, county, or district, shall be assessed and collected
like other taxes: provided, that the board of education may,
when circumstances require it, direct a special assessment and
collection for the school tax in any county or school district,
according to the provisions of this act.

59. school moneys to be disbursed in any county shall
be received, kept, and disbursed by the county treasurer
thereof, subject to similar responsibility as in case of other
funds by law committed to him. He shall keep separate
accounts of the state funds, the county funds, and the district
funds, as described in section fifty-seven of this act, showing
whence and on what account the moneys were severally de-
rived, and by what order, on what account, and to whom the
disbursements were made. The disbursements shall be made
only in pursuance of an order or warrant, in writing, from
the proper authority, in manner and form as in this act pre-
scribed. :

60. At tke proper time each county superintendent of schools
shall notify the county treasurer, in writing, that the state
money apportioned to the county is ready for distribution,
whereupon the county treasurer shall forthwith make requi-
sition in due form upon the second auditor of the state for
the amount specified; and as soon as the money has been re-
ceived into the county treasury, it shall be the duty of the
treasurer to inform the county superintendent, in writing, of
the fact.

61. The methods of drawing school moneys from county
treasurers shall be as follows:

For the pay and allowances of the county superintendent
of schools, so far as the same is to come out of the county
funds, a warrant therefor, in writing, shall be drawn, signed
by the county superintendent himself, stating on its face the
ground on which such pay or allowance is claimed, and veri-
fied by his own affidavit; but if the county treasurer has
reason to doubt the validity of the claim, or any part of it, it
shall be his duty to withhold payment, and to state the ground
of his doubts on the back of the warrant, and transmit the
same to the superintendent of public instruction, and finally
to be governed by his instructions. But if the warrant be
manifestly in accordance with the provisions of law, the trea-
surer shall pay it.

For the pay of public free school teachers, of the clerks of
boards of district school trustees, the cost of providing school
houses and the appurtenances thereto and the repairs thereof,
school furniture and appliances, necessary text-books for chil-
dren attending the public free schools in cases where the pa-
rent or guardian is unable, by reason of poverty, to furnish
them, and any other expense attending the public free school sys-
tem, so far as the same is under the control or at the charge of
the school district or its officers, it shall be necessary first to
obtain from the board of school trustees of the district con-
cerned, an order approving the claim, and directing it to be
paid, which shall be duly recorded in the proceedings of the
said board; whereupon, a warrant, in writing, shall be drawn,
signed by the chairman of the said board and countersigned
by the clerk thereof, payable to the order of the person en-
titled to receive such money, and stating on its face the pur-
pose or service for which it'is to be paid, and that such war-
rant is drawn in pursuance of an order of the board.

62. The treasurer of each county shall once a year, or oftener
if required, render to the county superintendent an account of
all receipts and disbursements of school moneys which have
passed through his hands during the year, and exhibit his
vouchers for disbursements; and the county superintendent,
having examined the said accounts and vouchers, shall trans-
mit the account to the superintendent of public instruction,
and report whether the vouchers are satisfactory.

63. The salaries of county superintendents of schools, so far
as payable by the state, shall be paid out of the bulk of the
state school funds, as distinguished from the appropriations
from the same to the several counties. |

64. The sense of the voters of any county, in regard to the
raising of additional sums by taxation for the support of pub-
lic free schools in the county for the next scholastic year, shall
be taken every year in connection with the township elections
in May: provided, that in special cases the board of education
may order a similar vote to be taken at other times. The vote
in the school districts, touching a similar tax for the support
of public free schools therein, shall be conducted according to
regulations to be prescribed by the board of education.

65. All sums of money derived from state funds, which are
unexpended in any year in any public free school district, shall
go into the general school fund of the state for re-division the
next year; and all sums derived from county or district funds,
unexpended in any year, shall remain a part of the county or
district funds, respectively, for use the next year. Butnosums
derived from county or district funds shall be subject to re-di-
vision outside of the county or district, respectively.

66. Public free schools shall, in like manner, be established
in all the cities and towns of this state which are provided
with a municipal government, excluding the jurisdiction and
cognizance of the authorities of the counties within which such
cities and towns are respectively situated. And the provisions
of this act shall be applicable to such cities and towns in like
manner as to the counties, in respect to the officers and authori-
ties to be charged with the execution of the law, their mode of
apportionment, their functions and responsibilities, the raising,
distribution, and collection, custody, application, and disburse-
ment of funds, and in all particulars, except only in so far as
the charters and ordinances of such cities and towns severally
(being not contrary to this constitution) shall otherwise provide.

67. Chapters seventy-eight, seventy-nine, eighty-one, and
eighty-two of the Code of Virginia ot eighteen hundred and
sixty, and all other acts and parts of acts in conflict with the
provisions of this act, shall be and are hereby repealed.

68. This act shall be in force from and after its passage.