Chap. 161.—An ACT to provide for the division of school districts into
sub-districts, and for the appointment of school directors.

Approved March 7, 1878.

1. Beit enacted by the general assembly of Virginia, That
in due time before the opening of schools. in the next school
year, it shail be the duty of each district school board to
determine, by specified boundaries, what sha'l be the area to
be attached to each school-house for whites, and to each
school-house for blacks. These areas shall be called sub-
districts, and their boundaries may be changed, from time to
time, at ‘the discretion of the district board. The sub-dis-
tricts tor the whites shall be numbered with cardinal num-
bers, and the sub-districts for the blacks shall be lettered
with capital letters. A full record of the sub-districting
shall be made in the record book of the district.

2. Whenever it may be found necessary for the convenience
of the people, a sub-district may be made to include portions
of two or more districts, or portions of two or more counties.
Every sub-district thus formed, shall be under the school
board on whose territory the school-house is situated. When
it 1s 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 schoo] boards immediately concerned, and on
their mutual agreement, the boundary lines shall be estab-
lished. But in case these boards fail to agree, either one of
the parties may appeal to the board of reference provided in
the act approved February thirteenth, eighteen hundred and
seventy-seven, and entitled an act to amend and re-enact an
act entitled an act to provide for the appeals from the action
of district school boards in certain cascs, approved March
thirtieth, eighteen hundred and seventy-five. In like man-
ner, when it is desired to form a sub-district from districts
belonging to different counties, the boundary lines may be
established by the mutual agreement of the school boards
immediately concerned. But in case these boards fail to
agree, either party may appeal to a board of reference to be
composed of the two county superintendents, together with
the chairman of some district school board not concerned, to
be selected by these superintendents, and the decision of this
special board shall be final as to the first establishment of
the boundary lines, or as to any subsequent changes therein.
Any doubtful question as to the location of the school-houses
in such sub-districts as are contemplated in this section, shall
be decided in the same manner as the question of boundary
lines.

3. No children from beyond the limits of a sub-district
shall be received into the school therein, except such as are
included in some general order of the district board, or such
as bring a special written permit issued by order of the dis-
trict board and signed by one of its officers. The district
board may grant such permits not only to children residing
in its own district, but to children from other districts whose
tuition 18 provided for by agreement with the school boards
from whose territory they come, and to any children from
outside of the sub-district whose tuition is paid for privately
to the board: provided that the privileges of children re-
siding within the sub-district shall in no wise be interfered
with injuriously by the admittance of other children.

4. As soon as practicable after the laying off of the sub-
districts, and annually thereafter, the district board shall,
with due notice, appoint a meeting of all resident tax-payers
and heads of families, at some convenient place in each aub-
district, for the election of school directors, and for other
purposes. Should any district school trustee be present at
the meeting, he shall preside; or, if more than one be pre-
rent, the one holding an office, or the higher office in the
board, shall preside. If no school officer be present, a chair-
man shall be chosen by a vote of the meeting in the ordinary
way. The chairman shall appoint a secretary. It shall be
the duty of the clerk of the district school board to furnish
the mecting In question with a copy of this act, (the same to
be furnished to him by the superintendent of public instrue-
tion,) and such act shall cither be read to the meeting, or
the substance thereof explained to the same by any district
trustee who may be present. This being done, the secretary
shall make a list of all persons present who are entitled to
vote. If it be ascertained that less than a majority of the
persons entitled to vote are present, the mecting shall
adjourn from time to time until at least one-fourth of the
voters are in attendance. When it has been ascertained that
the meeting isa lawful one, it shall then proceed to elect
three persons residing in the district to serve as school
directors, one of whom is to serve one year, one to serve
for two years, and one for three years, from the date of the
meeting at which they are clected: provided that at subse-
quent annual mectings expiring terms shall be renewed by
elections for three years. Vacancies occurring between
meetings may be filled by the remaining directors, and
appointments thus made shall be valid until the next public
mecting. It shall be the duty of the secretary of the meet-
ing to make report to the district board of the names and
terms of office of persons chosen as school directors, and
also such other action as may be taken by the meeting. No
compensation shall be allowed to any officer provided for in
this act. No one shall be chosen director who is unable to
read and write. Should the people, in any case, fail to
appoint directors, the district school board shall make the
appointments.

5. At the same meeting, or at an adjourned meeting, pro-
vision shall be made by such method as may be agreed upon
for the current contingent expenses of the contemplated
school, including repairs, fuel, and such like, but not in-
cluding teachers’ salary, furniture, and apparatus; but no
pupil shall be excluded from attendance upon the school by
reason of the failure of his parent or guardian to contribute
to these current expenses: provided that this section shall
not prohibit the district school board from making contribu-
tion, in whole or part, for the supply of these wants, when
for good reasons, and especially in cases of general poverty
among the people, it seems proper to do so. Special meet-
ings of the people may be called at any time by the chair-
man or secretary, on the application of any five citizens
residing in the district.
6. In cases where sub-districts have been made to include
territory, which before belonged to other districts, either in
or out of the county, it shall be the duty of the clerk of the
board of district school trustees, as soon as may be after the
sub-districting shall have been completed, and before any
apportionment of school money shall have been made, to
take a census, in the usual form, of the school population in
any such addition of territory. One copy of such census
shall be furnished to the board of trustees of the district from
which the territory has been added, and another to the board
of trustees of the district from which the territory has been
taken: and after the correctness of the census shall have
been established, due report thereof shall be made to the
county superintendent or superintendents concerned, and
also to the superintendent of public instruction, in cases
where the school population of counties is affected; and
thereafter, all apportionments of school money shall be made
in accordance with the results thus obtained.

7. The teacher for each school district shall be chosen by
the school directors of that sub-district from among those
licensed by the county superintendent; and when chosen,
information thereof shall be communicated to the board of
district school trustees, which shall in due time enter into
contract with this teacher. The compensation of the teacher,
so far as drawn from public funds, and also the time of open-
ing and closing the school, shall remain under the control of
the board of district school trustees: provided that this board
shall, when practicable, adopt the system of opening every
alternate school during the first five months, and the remain-
ing schools during the second five months of the school year.

8. The school directors shall collect and apply the contri-
bution provided for in section five of this act; shall attend
promptly to any repairs needed on or about the school-
house; shall make known to the district board the wants of
the school in respect to furniture, apparatus, and other ap-
pliances, and shall do all in their power to protect and
improve the school property, 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 har-
mony among all concerned. They shall also do what they
can to secure the enrollment and regular attendance of chil-
dren at school, and to promote the appreciation and desire
of education among the people.

9. Should any violations of the school laws and regula-
tions come to their knowledge, or any practical difficulties
occur which they are unable to control, it shall be the duty
of the directors to report the facts promptly to the district
board of trustees, which board shall continue to have ulti-
mate power and authority in all matters pertaining to the
schools. Moreover, if the teacher, or any parties residing in
the sub-district, shall feel aggrieved respecting the acts of
the directors, or any one of them, or by reason of the neg-
lect of duty or improper conduct of any director, such
teacher or other party concerned, shall be allowed to lodge
formal complaint before the district board against such direc-
tor or directors, and if the district board shall deem the com-
plaint of suflicient Importance, it shall give due notice to
both or all parties affected, and decide the complaint upon its
merits, either by dismissing it or requiring some change of
action, or, if it seem proper, by declaring vacant the office of
the director or directors complained of: provided that to either
party is hereby reserved the right of appeal from the action
of the district board to the board of reference referred to in
Bection second of this act.

10. This act shall not interfere with the duties and author-
ity of the county superintendent in respect to teachers and
achools, as heretofore provided by law. Nor shall this act
be considered as applicable to cities or towns set off as sepa-
rate school districts, except that such separate town districts
are hereby empowered to extend their lines beyond the cor-
porate limits, so as to embrace the children in the suburbs,
when the school boards of the two districts affected shall
agree upon the same. And in case of disagreement, the
mitter shall be determined by appealing, as hereinbefore
provided ; and where new lines have been thus established,
the apportionment of school money to the said districts shall
be made to conform to such change.

11. It shall be the duty of the board of education to make
any regulations which may be needed for carrying out the
provisions of this act.

12. This act shall not apply to counties in which the
county school board shall, after due consideration, adjudge
its provisions to be unsuited to its county, and as calculated
to impair the successful working of the public school system
therein.

13. The act approved February fifth, eighteen hundred
and seventy-five, entitled an act authorizing the divisions of
school districts into sub-districts, and to provide for the man-
agement of the public schools therein, is hereby repealed.

14, This act shall.be in force from its passage.