Chap. 254.—An ACT to put into operation the provisions of the Constitution re-
lating to the composition and organization of the State Board of Education; the
election and appointment of its members; their qualification; powers and
duties of the board; expenses, etc.

Approved May 15, 1903.

1. Composition of the board.—Be it enacted by the general assembly
of Virginia, That the State Board of Education shall be a corporation by
that name, and shall consist of the governor, the atturney-general, the
superintendent of public instruction, and three experienced educators,
to be elected quadriennially by the senate from a list of eligibles, consist-
ing of one from each of the faculties, and nominated by the respective
boards of visitors or trustees of the University of Virginia, the Virginia
Military Institute, the Virginia Polytechnic Institute, the State Female
Normal] School at Farmville, the School for the Deaf and the Blind, and
also of the College of William and Mary (so long as the State shall con-
tinue its annual appropriation to the last named institution), together
with two division superintendents of schools, one from a county and one
from a city, to be selected by the board composed of the governor, the at-
torney-general, the superintendent of public instruction, and three ex-
perienced educators elected by the senate as herein provided, said division
superintendents to have powers and duties identical with those of the
other members, except participation in the appointment of any public
school official.

2. Terms of the members.——The term of the three members first
elected by the senate shall be four years from the first day of March, nine-
teen hundred and three: provided, they continue so long on the list of
eligibles, and, within thirty days before the expiration of their term, every
four years thereafter, the senate shall elect their successors, whose term
shall be four years from the first day of March following their election.
The term of the two division superintendents first selected shall be two
years from the first day of March, nineteen hundred and three: provided,
they hold the office of division superintendent so long, and, within thirty
days before the expiration of their term, every two years thereafter, the
appointing board herein provided shall select their successors, whose term
shall be two years from the first day of March following their appoint-
ment.

3. Qualification.—Before entering upon their duties, all the members
of the board, except the governor, the attorney-general, and the superin-
tendent of public instruction, shall take and subscribe the oaths pre
scribed by the Constitution before any officer authorized to administer
oaths, and said officer shall certify the same; a minute of their qualifica-
tion shall be entered in the proceedings of the board, and the oaths shall
be returned as required by law as to the oaths of other State officers.

4. Vacancies in the board.—Any vacancy occurring during the term
of any member of the board, except that of the governor and the attorney-
general, shall be filled for the unexpired term by the board.

5. President of the board.—The superintendent of public instructior
shall be ex-officio president of the board, and in his absence the members.
present shall elect a president pro tempore.

6. Quorum.—A majority of the members shall constitute a quorum
for the transactions of business.

7. Meetings.—Meetings of the board shall be held upon the call of the:
president, or upon request of a majority of its members: provided, that
the president shall give due notice to all the members of the time of
holding the meetings. The place of meeting shall ordinarily be the office
of the superintendent of public instruction.

8. Record.—A faithful record shall be kept of the proceedings of the
board, which shall be signed by the president, or, in his absence, by the
president pro tempore, and shall at all times be open to inspection.

9. 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. 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. The board shall also prescribe the duties of such divi-
sion superintendent, and may remove him for cause and upon notice.
When a vacancy occurs during the recess of the general assembly, it shall
be filled by appointment of the board for the unexpired term, and the
appointee shall continue in office until the 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 superintendent any person whose nomination has been previously
rejected by the senate.

Second. To prescribe the duties of the superintendent of public in-
struction.

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

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

Fifth. To provide for examining teachers for the public schools cf
the State by the appointment of a State board of examiners, or by the
adoption of such other plan as the board of education may, in its dis-
cretion, deem wise and expedient: provided, that the compensation and
expenses of said board of examiners shall be fixed by the board of educa-
tion and paid as other expenses of the said board are paid.

Sixth. To select text-books and educational appliances for use in the
public schools of the State, exercising such discretion as it may see fit in
the selection of books suitable for the schools in the cities and counties,
respectively.

Seventh. To guard by regulation against so great a multiplication 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 effi-
ciency. .

Eighth. To approve the plans of the superintendent of public instruc-
tion 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 thercof, as other warrants are issued by the said board.

Ninth. To decide appeals from decisions of the superintendent of pub-
lic instruction: provided, that all the facts and arguments in each case
shall be presented in writing and in such form as the hoard may pre-
scribe.

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 mortgage, whose market value for
six months preceding the investment has not been less than ninety cents
on the dollar. The said board may call in any such investment, or any
heretofore made, and reinvest 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 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 safe-keeping, who
shall return with his annual report a list thereof, with a statement of
their value.

Twelfth. To recover, in the manner prescribed for the recovery of
money to be paid to the credit of the fund for internal improvement,
any money, with interest, which ought to be paid into the public treasury
to the credit of the literary fund, and to invest the same as provided in
subdivision eleventh of this section.

Thirteenth. To audit all claims which are to be paid out of the literary
fund, and to allow so much thercof as shall appear to be due: provided,
that not more than ten years shall have clapsed when by law such claim
might have been presented for payment. For any claims so allowed, ecr-
tified by the secretary and the presiding 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 tlie
literary fund shall also be received into the treasury on the warrant of
the second auditor, who shall also be the accountant of the said fund.

Fourteenth. To approve the schemes prepared by the superintendent
of public instruction for apportioning the money appropriated by the
State for public free school purposes among the several counties and
cities of the State.

Fifteenth. To determine the necessary contingent expenses 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 pay-
ment of the same, said warants to be signed by the secretary and the pre-
siding officer of the board.

Sixteenth. To punish division superintendents of schools 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 limited period,
or by removal from office.

Seventeenth. To appoint a board of directors, consisting of five mem-
bers, to serve without compensation, which shall.have the management of
the State library (except the law library), and the appointment of a 1i-
brarian and other employees thereof, subject to such rules and regula-
tions as the general assembly shall prescribe.

Eighteenth. To observe the operations of the public free school system,
to regulate such matters as may arise in the practical administration
thereof, not otherwise provided for, and to suggest to the general assem-

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bly any improvements deemed advisable therein, and for which the said
board has no power to provide.

Nineteenth. To make a report to the general assembly at each regular
session, covering the annual report of the superintendent of public in-
struction, giving an account of the operations of the board for the two
school years immediately preceding the session of the general assen.bly.

Twentieth. To perform such other duties as may be prescribed by
law.

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