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3590. No school officer shall be party to any school contract for building or furnishing supplies, except in his official capacity as a member of the board.

SUBDIVISION VI.-HIGH SCHOOL DISTRICTS.

3591. Any district containing more than one hundred and fifty children, between the ages of five and twenty-one years, may elect a district board consisting of six trustees: Provided, The district shall so determine at an annual meeting by a vote of a majority of the voters attending such meetings. When such change in the district board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees for the term of one year, two for the term of two years, and two for the term of three years, and annually thereafter two trustees shall be elected, whose term of office shall be three years, and until their successors shall have been elected and qualified.

Amended 1885, p. 325; 1889, p. 550.

3592. Within ten days after their election, such trustees shall file with the directors a written acceptance of the office to which they have been elected, and shall annually elect from their own number a moderator, a director, and a treasurer, and for cause may remove the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary school districts in this state, except as hereinafter provided. The trustees shall have power to fill any vacancy that may occur in their number till the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual report shall appoint the said officers from the members of said trustees.

3593. Said trustees shall have power to classify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in such district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admissions to such schools, and the price to be paid for tuition on any branch therein; to employ all teachers necessary for the several schools of said district; to prescribe courses of study and text books for the use of said schools, and to make such rules and regulations as they may think needful for the government of the schools, and for the preservation of the property of the district, and also to determine the rates of tuition to be paid by non-resident pupils attending any school in said district.

3594. The said trustees shall present at each annual meeting a statement in writing, of all receipts and expenditures on behalf of the district for the preceding year, and of all funds then on hand, and an estimate of the amounts necessary to be raised by the district, in addition to the money to be received from the primary school fund and from other sources, for the support of the schools of said district for the ensuing year, and for incidental expenses thereof; and the said district may at the annual meeting vote such sums, to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof for the year.

SUBDIVISION VII.-COUNTY SUPERINTENDENT.

3595. There shall be a county superintendent in each organized county, whose term of service shall be two years, and who shall be elected at the same time and in the same manner as other county officers. *It shall be the duty of the

county clerk to notify the state superintendent of the election of the county superintendent at the time said election is ascertained.

All after* added 1883, p. 294.

3596. The county commissioners, or a majority of them present at the first regular session of each year, shall determine the compensation to be paid to the county superintendent, but such compensation shall not be less than twelve hundred dollars per annum in counties having a school population of five thousand or more; and not less than one thousand dollars per annum in counties having a school population of four thousand and less than five thousand; and not less than eight hundred per annum in counties having a school population of three thousand and less than four thousand; and not less than five hundred dollars per annum in counties having a school population of two thousand and less than three thousand; and in counties having a school population less than two thousand, a per diem of not less than three and one-half dollars or more than five dollars for each day actually employed in the duties of his office. The number of days necessary for the duties of his office shall be determined by the county superintendent, but the number of days so employed shall not be less than the number of school districts in said county, and one day for each precinct thereof for the examination of teachers. The superintendent shall file in the office of the county clerk a sworn statement of his account. Amended 1883, p. 294.

3597. The county superintendent shall examine all persons offering themselves as teachers for the public schools, and shall attend at the county seat upon the third Saturday in each month in the year for that purpose, and at such other times and places as he.may select, by giving not less than five days' notice in some paper published in his county, or, if there be no paper published in such connty, then he shall cause to be posted up in three public places in the precinct where such examination is to take place, not less than five days prior to such examination, a notice of the time or place thereof. Any certificate granted at any other time or place than those specified above shall be null and void. And any county superintendent who shall violate the provisions of this section shall, upon conviction of the same, be fined in any sum not less than twenty-five dollars.

Amended 1883, p. 295.

3598. The county superintendent may endorse a certificate in force in any county in this state, or of any other state, without examination, and said endorsement shall render the said certificate valid in his county for such time as the superintendent may determine, not exceeding two years from the date of said endorsement, but in no instance for a longer time than said certificate was originally intended; Provided, That the superintendent shall have power to revoke said certificate for the same causes and in like manner as those granted by himself.

Teachers' certificate good in another county. 19, 495 (27 ̊N. W., 728).

3599. He shall grant certificates in such forms as shall be prescribed by the state superintendent of public instruction, licensing as teachers all persons whom on thorough and full examination he shall deem qualified in respect to good moral character, learning, and ability to instruct and govern a school; but no certificate shall be granted to any person who shall not pass a satisfactory examination in orthography, reading, writing, geography, arithmetic, physiology, English composition, and English grammar; Provided, That no person shall be entitled to receive more than three (3) third grade certificates.

3600. There shall be three grades of certificates of teachers to be granted by the county superintendent, in his discretion, to-wit: The certificate of the third grade shall be granted to persons who shall have passed satisfactory examination in

the branches specified in the above section, which certificate shall license the holder thereof to teach in some special district, and shall not continue in force more than six months. The certificate of the second grade may be granted to any person of approved learning and character, who, in addition to the branches specified in the above section, shall pass a satisfactory examination in history of the United States, civil governments, book-keeping, blackboard drawing, and theory and art of teaching, which certificate shall be valid throughout the county for one year, unless sooner revoked. The certificate of the first grade shall be granted to no person who has not taught at least one year, with approved ability and success, and who shall not pass a satisfactory examination in all the branches required to obtain a second grade certificate, and in algebra, geometry, botany, and natural philosophy, which certificate shall be valid throughout the county in and for which it was granted for two years, unless sooner revoked.

3601. The county superintendent, or any authority or corporation authorized to grant certificates to teachers, may revoke any such certificate for any reason which would have justified the withholding thereof when the same was given; as for gross negligence of duty or for incompetency or immorality, which reasons shall not be spread on the records, unless requested by the teacher, but no certificate shall be revoked without notice by the superintendent, and an opportunity to explain or defend his conduct, if he desires such opportunity. No certificate shall be revoked exeept by the authority granting it, but the county superintendent shall report to the authority granting said certificate the fact that it should be revoked, giving his reasons therefor. The superintendent shall keep a record of all certificates granted and annulled by him, with the grade, date, and duration of each, and shall deliver such record, with all other books and papers belonging to his office, to his successor.

3602. It shall be the duty of the county superintendent to visit each of the schools of his county at least once in each year to examine carefully into the discipline and modes of instruction, and into the progress and proficiency of the pupils, and to make a record of the same, and to counsel with teachers and district boards as to the course of study to be pursued, and for the improvement of the instruction and discipline of the school; to note the condition of the school house and appurtenances thereto, and to suggest a place for new school houses to be erected, and for warming and ventilating the same, and for the general improvement of the school house and grounds; to promote, by public lectures and teachers' institutes, and by such other means as he may devise for the improvement of the schools in his county, and the elevation of the character and qualifications of the teachers thereof; to consult with the teachers and school boards to secure general and regular attendance of the children of his county upon the public schools.

3603. It shall be the duty of the county superintendent to receive all such blanks and communications as may be directed to him by the state superintendent of public instruction, and to dispose of the same in the manner directed by th state superintendent.

3604. The county superintendent shall examine into the correctness of the reports of the district boards, and may, when necessary, require the same to be amended, and shall endorse his approval on such as he shall find correct, and transmit duplicates thereof, together with such other information as may be required of him, to the state superintendent of public instruction, when required by said state superintendent.

3605. The county superintendents shall be subjected to such rules and instruction as the state superintendent of public instruction may from time to time

prescribe, and they shall report annually to the superintendent of public instruction, at such times as he may direct, of the official labors performed, and of the general condition and management of the schools under their charge, and such other information as may be required of them by said superintendent.

3606. Whenever, by death, resignation, or removal, or otherwise, the office of superintendent shall become vacant, the county board shall have power to fill such

vacancy.

3607. Should any district neglect to send in the reports required by section 2, subdivision V, of this chapter [3579], by the third Monday in May, it shall be the duty of the county superintendent to notify the officers of such districts that the report is due and should be sent at once.

3608. The county superintendent shall report on or before the first Tuesday in September of each year, to the superintendent of the blind asylum, the name, age, residence, and postoffice address of every person blind to such an extent as to be unable to acquire an education in the common schools, and who resides in the county in which he is superintendent, and also to the superintendent of the Nebraska institute for the deaf and dumb, the name, age, and postoffice address of every deaf and dumb person between the ages of five and twenty-one years who resides within his county, including all such persons as may be deaf to such an extent as to be unable to acquire an education in the common schools.

SUBDIVISION VIII.-STATE SUPERINTENDENT.

3609. The superintendent of public instruction shall keep an office, which shall be furnished for him, at the seat of government of the state, and he shall keep all books and papers pertaining to his office therein, subject at all times to the examination of the governor or auditor of state, or a committee from either branch of the legislative assembly.

3610. He shall organize teachers' normal institutes at such times and places as he shall deem practicable. He shall, as far as practicable, attend said institutes and provide proper instructors for the same, and in other ways seek to improve the efficiency of teachers, and advance the cause of education in the state.

3611. He shall visit such schools as he may have it in his power to do, and witness and advise with teachers and school officers upon the manner in which they are conducted.

3612. He shall decide disputed points in school law, and all such decisions shall be held to have the force of law till reversed by the courts.

3613. He shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state.

3614. He shall cause to be printed, in pamphlet form, the school laws and laws relating to the school lands, with blank forms prescribed by him, and furnish each county superintendent with a sufficient number to supply the district officers within his jurisdiction.

3615. He shall annually, on the first day of January, submit to the governor of the state a full report of the operations of his office during the year, which report shall contain a statement of the school funds of the state, and an account of the receipts and expenditures for the purpose of schools, a statement of the condition of the common schools and other educational institutions chartered or fostered by the state, embracing the number of schools of the several grades, the number and average compensation of the teachers, the names and compensations of county superintendents, the number of pupils attending the several schools, the enumeration of youth by counties, the value of school houses, sites, apparatus, and furniture, a state

ment of such plans as he may devise for the better management of the school funds and the school system, and such other statements as he may deem expedient to communicate relating to his office and popular education.

3616. He shall cause his report to be printed by the state printers, and shall deliver at the commencement of each regular session of the legislature one hundred copies thereof to the senate and four hundred copies to the house of representatives, and transmit one copy to each district director in the state and one to each county superintendent.

3617. He shall, semi-annually, on or before the third Monday in June and the last Monday in December, make an apportionment of the funds which are in the treasury and which are applicable to the support of schools, which apportionment shall be based upon the enumeration of youth reported to the state superintendent by the county superintendents.

Secs. 3618 and 3619. "An act to authorize the state superintendent of public instruction to appoint a deputy, to define the duties of the same, and to fix the salary of said deputy." 1891, p. 316. In force July 4.

3618. The superintendent of public instruction of the state of Nebraska shall have power to appoint a deputy superintendent of public instruction, and the said deputy may do and perform, in the absence or inability of the superintendent of public instruction, all the acts and duties that may be authorized and required to be performed by the superintendent of public instruction; and the superintendent shall be responsible for all the official acts of his deputy.

3619. Said deputy shall receive a salary of fifteen hundred dollars ($1500) per annum, to be paid by warrant of the auditor of public accounts on the treasurer, said warrant to be drawn monthly.

SUBDIVISION IX.-THE TEACHER.

3620. No person shall be accounted a qualified teacher, within the meaning of the school law, who has not a certificate in force from a county superintendent, or one as provided for in subdivision 14, section 19 of this chapter (Subdivision "Schools in cities") [3682], or a certificate or diploma from a state normal school of Nebraska, a certificate from the state superintendent of public instruction, or a diploma from a state normal school of another state, approved by the state superintendent of this state, *but such approval shall not be given until the holder of said diploma presents proof of successful teaching for one year in Nebraska, and presents a first grade county certificate given in this state.

All after * added 1885, p. 326. Statute prohibits school board from paying teacher who has no certificate; but the prohibition is on the school board and not on the teacher, and when once paid, it cannot be recovered back. 13, 55 (13 N. W., 16). Board may discharge a teacher found to be incompetent. 6, 173.

3621. Every teacher shall make a monthly return to the director of the district, of the number of pupils attending his or her school, the names and ages of each, the days attended, the studies pursued, and no teacher will be entitled to receive pay in full for a term's service till the term summary is properly filled out and approved by the director.

3622. In the absence of any agreement between the director and teacher to the contrary, twenty days shall constitute a school month.

3623. Permanent teachers of high character and broad scholarship, and who have a successful experience, may, upon examination by the state superintendent, or by a committee of three competent teachers appointed by him, receive a professional state certificate, which shall authorize the holder to teach in any public school in the state, without further examination; Provided, That no life certificate

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