Chap. 512.—An ACT to amend and re-enact chapter 67 of the Code of Virginia,
in relation to public free schools in cities and in towns constituting separate
school districts.

Approved December 31, 1903.

1. Be it enacted by the general aseembly of Virginia, That chapter
sixty-seven of the Code of Virginia be amended and re-enacted so as to
read as follows:

Cuaprer LXVII.

Of Public Free Schools in Cities and in Towns Constituting Separate
School District.

§ 1522. Their establishment and management.—An efficient system of
public free schools shall be established and maintained in all the cities
and towns constituting separate school districts of the State.

The public free school system shall be administered by the following
authorities, to-wit: A State board of education, a superintendent of
public instruction, division superintendents of schools, and city school
boards. The provisions of chapter sixty-six, except as provided in this
chapter, shall be applicable to such cities and towns in like manner as to
the counties of the Commonwealth; and city and town school boards,
officers, trustees, and teachers, as well as city and town treasurers, are
charged with reference to the public free schools of such cities and towns
with the duties, vested with the powers of and subject to the limitations
and penalties imposed upon similar officers, boards, trustees, and treas-
urers in the counties by chapter sixty-six, unless otherwise provided.

§ 1524. Number and bounds of school districts —The school boards
of the respective cities shall have power, subject to the approval of the
common councils, to prescribe the number and boundaries of the school
districts; but until such provision is made every such city which is not
divided into wards shall constitute a single school district, and, in every
city which is divided into wards, each ward shall be a school district.
The number and boundaries of districts shall be duly reported to the
superintendent of public instruction and recorded in his office, and also
in that of the clerk of the corporation court, or in that of the circuit
court if there be no corporation court.

§ 1525. School board of city a corporation’—The school trustees of
each city shall be a body corporate under the name and style of “the school
board of the city of .’ by which name it may sue and be sued, con-
tract and be contracted with, and purchase, take, hold, lease, and convey
school property, both real and personal. The title to all school property,
both real and personal, within the city shall vest in the said board, except
by mutual consent of the council and school board the title to property
may vest in the city. The trustees of the several districts, where there are
more than one, shall have no organization or duties except such as may
be assigned to them by the consolidated body.

§ 1526. Its territorial jurisdiction; quorum; its clerk, his pay—The
official care and authority of the school board shall cover all the territory
included in the corporate limits of the city. A majority of its members
shall constitute a quorum. It may, at discretion, appoint a clerk, who

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826 ACTS OF ASSEMBLY.

shall not be a member of the board; and shall make by-laws and regula-
tions for its own government and for the management of its official busi-
ness, so far as they do not conflict with the provisions of the law.

§ 1527.—Who ineligible as division superintendent.—No mayor, mem-
ber of council, or treasurer of a city shall be eligible to the office of divi-
sion superintendent of schools of such city.

§ 1528. School trustees.—The council of each city shall appoint three
trustees for each school district in such city, whose term of office shall be
three years, respectively, and one of whom shall be appointed annually.
If a vacancy occurs in the office of trustee at any time during the term,
the council shall fill it by appointing another for such part of the term
as has not expired. The trustees in office when this act takes effect shall
continue in office until the terms for which they were respectively ap-
pointed shall have expired by limitation. Within thirty days preceding
the day on which the term of said trustees shall expire by limitation, and
within the like number of days preceding the day on which the term of
any trustee shall expire by limitation in any subsequent year, such coun-
cil shall appoint a successor to each such trustee in office, whose term shall
commence when the term of his predecessor shall have expired: provided,
the office of any such trustee has not been abolished in redistricting the
city: and provided, that of those first appointed under this chapter one
shall be appointed for a term of one year, one for a term of two year,
and one for a term of three years.

§ 1529. Levy of taxes for schools.—The council of each city shall have
power, and it shall be its duty, on or before the fourth Monday in July
in each year, or as soon thereafter as practicable, to levy a tax upon the
real and personal property in the city of not to exceed thirty cents on the
one hundred dollars of its assessed value, or the council may, in its dis-
cretion, make an appropriation in lieu of such levy.

§ 1531. Apportionment of State funds; how and by whom kept and
disbursed.—The State school funds shall be apportioned to cities sepa-
rately from their counties; and all funds designed for the benefit of pub-
lie free schools therein shall be deposited with the treasurers of such
cities, and kept by said treasurers in separate accounts, and disbursed
only on orders from the city school boards, respectively: provided, that
no district school board shall employ or pay any teacher from the public
funds if said teacher is the brother, sister, wife, son, or daughter of any
member of said board.

§ 1533. Pay of division superintendent.—The division superintendent
of a city shall receive pay from the State in like proportion as other divi-
sion superintendents of schools; but nothing herein shall be construed to
limit the amount of additional remuneration which he may receive from
the council of the city within which he acts.

§ 1534. When to teach.—The division superintendent of a city may
teach in a public school, ex-officio, when requested so to do by the city
school board. .

§ 1538. Powers and duties of board of trustees; qualification of trus
tees, and so forth; a corporation.—Every school trustee shall, at the time
of his appointment, be a resident of the school district for which ap-
pointed, and if he shall cease to be a resident thereof his office shall be
deemed vacant. Before entering upon the discharge of the duties of hi:
office he shall take and subscribe the oaths prescribed for officers of thi
State before the corporation or the circuit court; or, in vacation, befor
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 federal or State officer, no member of council or any officer thereo:
during his term of office, or for one year thereafter, or city treasurer
shall be chosen or be allowed to act as district school trustee. "

The city school board of every city shall establish and maintain thereix
a general system of public free schools in accordance with the require
ments of the Constitution and the general educational policy of the Com
monwealth, 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 regulating the conduc
of pupils going to and returning therefrom.

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

Third. To employ teachers and to dismiss them when delinquent, in-
efficient, or in any wise unworthy of the position: provided, that no schoo
board shall employ or pay any teacher from the public funds unless the
teacher shall hold a certificate in full force issued or approved by th
division superintendent for the division in which such teacher is to be
employed.

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 re
ceive text-booke free of charge, and to provide for supplying them ac.
cordingly.

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 sections four.
teem hundred and sixty-two and fourteen hundred and sixty-three of thc
Code of Virginia is taken within the proper time and in proper manner

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

Ninth. To call meetings of the people of the city for consultation in
regard to the school interests thereof, at which meetings the chairman o1
some other member of the board shall preside if present.

Tenth. To provide suitable school-houses, with proper furniture 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. Ne
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 conve-
niences 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 im-
mediately 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 school board that he is satisfied with the condition of such build-
ing 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 according to law, and with
the utmost efficiency.

Twelfth. To manage and control the school funds of the city, to pro-
vide for the pay of teachers and of the clerk of the board, for the cost of
providing school-houses and the appurtenances thereto and the repairs
thereof, for school furniture and appliances, for necessary text-books for
indigent children attending the public free schools, and for any other ex-
penses attending 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 procedings of the board, and a warrant on the city treas-
urer shall be drawn, signed by the chairman of the board and counter-
signed by the clerk thereof, 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. School board to submit estimate.—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 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 provision,
by appropriation or levy, for the same.

Fifteenth. To perform such other duties as shall be prescribed by the
State board of education or are imposed by other parts of this act.

City school boards shall in general have the same powers in relation to
the condemnation or purchase of land and to the vesting of the title
thereof, and also in relation to the title to and management of property
of any kind applicable to school purposes, whether heretofore or here-
after set apart therefor, and however so set apart, whether by gift, grant,
devise, or any other conveyance, and from whatever source, as county
and district school boards have in the counties. They shall also have a
clerk, who shall be charged with the same duties as the clerk of district
school boards.

2. al acts and parts of acts inconsistent with this act are hereby re-
pealed.

3. This act shall be in force from its passage.