Chap. 293.—An ACT to amend and re-enact sections 1531 and 1538 of an act
of assembly entitled “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 con-
stituting separate school districts,” approved December 31, 1903.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That sections
fifteen hundred and thirty-one and fifteen hundred and thirty-eight of
‘an act entitled “an act to amend and re-enact chapter sixty-seven of the

Code of Virginia, in relation to public free schools in cities and in towns
constituting separate school districts,” be amended and re-enacted so as
to read as follows:

§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-
lic 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.

§1538. Powers and duties of boards of trustees; qualification of trus-
tees, and soforth ; 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 his
office he shall take and subscribe the oaths prescribed for officers of the
State before the corporation or the circuit 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 federal or 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 commissioner in chancery or commis-
sioner in bankruptcy, or member of the board of health, from holding
such office.

The city school board of every city shall establish and maintain therein
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 conduct 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
the 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 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 fourteen hundred and seventy-six 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
separate school district to 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.

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 sections four-
teen hundred and sixty-two and fourteen hundred and sixty-three of the
Code of Virginia is taken within the proper time and in the proper man-
ner.

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 consultation 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 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. 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 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 immeditaely
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 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 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 proceedings of the board, and a warrant on the city
treasurer shall be drawn, signed by the chairman of the board and coun-
tersigned 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 power 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 to set apart, whether by gift, grant.
devise, or any other conveyance and from whatever source, as county ani
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. All acts or parts of acts inconsistent with this act are hereby re-
pealed.