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funds shall be ex-officio treasurer of the school funds of the school district, and in a township district the treasurer of the township funds shall be ex officio treasurer of the school funds of such district, and in each village and special district the board of education shall choose its own treasurer; provided, that in city districts of the first class having no city treasurer the board of education may choose their treasurer from their own number, who shall receive no compensation for his services.

Anvended
Ser Post 241

Clerk to exe

SEC. 45. The clerk of each board of education shall execute a bond in an amount and with surety to be approved by cute bond. the board, payable to the state of Ohio, conditioned that he shall faithfully perform all the official duties required of him. Said bond shall be deposited with the president of the board, and a copy thereof certified by said president shall be filed with the county auditor.

bond.

SEC. 46. Each school district treasurer or county treas Treasurers' urer, who is ex officio treasurer of any school district, shall. before entering upon the duties of his office, execute a bond with sufficient security, in double the probable amount of money that shall come into his hands, payable to the state of Ohio, to be approved by the board of education, conditioned for the faithful disbursement, according to law, of all such funds as shall from time to time come into his hands. Said bond when so executed and approved shall be filed with the clerk of the board of education of said district, who shall immediately cause a certified copy thereof to be filed with the county auditor. Said treasurer shall report to the board of education within ten days after his settlement with the county auditor, the amount of funds in his hands for school purposes.

Treasurer to

report to aud

itor.

Treasurer's

settlement

Deliver books
and

papers to

SEC. 47. The said treasurer shall annually, between the first and tenth day of September, settle with the county auditor for the preceding year, and account to him for all moneys with auditor. received, from whom and on what account, and the amount paid out for school purposes in his district; the auditor shall examine the vouchers for such payments, and if satisfied with the correctness thereof, shall certify the same, which certificate shall be prima facie a discharge of such treasurer; and at the expiration of his term of service, said treasurer shail deliver over to his successor in office all books and papers, with all moneys or other property in his hands belong his successor. ing to said district, and also all orders he may have redeemed since his last settlement with the county auditor, and take duplicate receipts of his successors thereof, one of which he shall deposit with the clerk within ten days thereafter. In case the treasurer of any school district shall willfully or negligently fail to make such annual settlements within the fine for. time as prescribed in this section, he shall be liable to pay a fine of fifty dollars, to be recovered in a civil action in the name of the state of Ohio, which amount when collected shall be paid into the county treasury, and shall be applied to the use of common schools in the proper school district, and it is hereby made the duty of the county auditor to pro

Failure to make
settlement,

Surety, how released.

New bond.

Compensation of clerk and treasurer.

for free education.

May establish schools of a higher grade.

ceed forthwith in case of such failure by suit against such treasurer before any justice of the peace of his county to recover the penalty aforesaid.

SEC. 48. It shall be lawful for any surety or sureties of any treasurer of school funds in any school district organized under the provisions of this act, at any time to notify the board of education of the proper district by giving at least five days' notice in writing that he or they are unwilling to continue as security for such treasurer, and will at a time therein named make application to said board of education to be released from further liability upon the bond of such treasurer; and shall also give at least three days' notice in writing to such treasurer of the time and place at which such application shall be made. It shall be the duty of the board of education upon such notice being given, to hear such application, and if in their opinion there is good reason therefor, they shall require such treasurer to give a new bond, conditioned according to law, and the sureties on said first bond shall be released and exonerated from further liability thereon; and thereupon said board of education shall require such treasurer to give a new bond conditioned according to law and to the satisfaction of said board of education, within such time as they may direct; and if such treasurer shall fail to execute such bond as aforesaid, the office shall be deemed vacant and shall be immediately filled as other vacancies in said office; but such original surety or sureties shall not be eleased or discharged until the filing of the new bond, or the expiration of the time allowed therefor; provided, that the cost of such application shall be paid by the person or persons making such application.

SEC. 49. The board of education may fix the compensation of the clerk and treasurer, but the allowance made to the treasurer shall not exceed one per centum of the money disbursed by him on orders from the board; provided, that the treasurer of a township district shall be allowed as his com pensation one per centum on all school funds disbursed by him, to be paid on the order of the trustees of the township ut of the township treasury; and that the treasurer of city funds shall be allowed no compensation unless otherwise provided for by law, for disbursing the school funds of the city districts.

SEC. 50. Each board of education shall establish a' suffiDuty to provide cient number of schools to provide for the free education of the youth of school age within the district, at such places as will be most convenient for the attendance of the largest number of such youth, and also may establish one or more schools of higher grade than the primary schools whenever they deem the establishment of such school or schools proper or necessary for the convenience or progress in studies of the pupils attending the same, or for the conduct and welfare of the educational interests of such district; and the board shall continue each and every day school established by them for not less than twenty-four nor more than fortyfour weeks in each school year; provided, that each township

Schools to be continued in

session twentyfour weeks.

sub-district.

Schools in chil

dren's homes

and county infirmaries.

session.

board of education shall establish at least one primary school School in each in each sub-district of their township; and the boards of education of the districts in which a "Children's Home" is or may be established under an act entitled "an act for the establishment, support and regulation of Children's Homes in the several counties of the state," etc., passed April 7, 1867, and in districts in which a County Infirmary is or may be located, when requested by the board of trustees of such "Children's Home," or the directors of such County Infirmary, are hereby authorized and required to establish in such Home or Infirmary a separate school so as to afford to the children therein so far as practicable the advantages and privileges of a common school education; and such school shall be Length of continued in operation each year until the full share of all the school funds of the township or district belonging to said children on the basis of the enumeration shall have been expended; and all schools so established shall be under the control and management of the board of education or other school officers who have charge of the common schools of such district: Provided, that in the establishment of said schools the county commissioners of the county in which such "Children's Home" or County Infirmary may be established, shall provide the necessary school room or rooms, furniture, apparatus and books, which they are hereby empowered to do; and provided further, that such boards of education shall incur no expense in supporting said schools, except in the payment of the teachers.

Under the manboard of educa

agement of the

tion.

County commissioners

shall provide

school room,&c.

Liability of

board.

schools.

.SEC. 51. In any district composed, in whole or in part, of Evening
any city or incorporated village, the board of education may
at their discretion provide a suitable number of evening
schools for the instruction of such youth as are prevented
by their daily vocation from attending day schools, subject
to such regulations as said board from time to time may
adopt for the government thereof.

Board to detertext books, &c.

mine studies,

Change of text books.

SEC. 52. Each board of education shall determine the studies to be pursued and the text books to be used in the schools under their control, and no text book shall be changed within three years after its adoption without the consent of three-fourths of the members of the board of education given at a regular meeting; and it shall be the duty of the boards of education to cause the German language to be taught in When German any of the public schools of this state when demanded by must be taught. seventy-five freeholders residents of said school district, representing not less than forty pupils, who shall in good faith desire and intend to study the German and English languages together: Provided, that nothing herein contained shall be construed as preventing said boards of education from causing the German or other languages to be taught in said schools; and provided further, that all branches taught in the common schools of this state shall be in the English language.

SEC. 53. The board of education of each school district shall have the management and control of the public schools of the district which are or may be established under the 14-LAWS.

All branches must be taught in the English language.

Boards' powers to appoint superintendents, teachers, &c.

Power to dismiss.

Power of local

directors to employ teachers.

How limited.

When board may act as local directors.

Payment of teachers.

Board to make rules and regu lations.

Further powers and duties of boards of oducation.

Local directors to act under rules of the board.

authority of this act, with full power in respect to such schools, to appoint a superintendent and assistant superintendents of the schools, a superintendent of buildings, teachers, janitors and other employes, and fix their salaries or pay, which salary or pay shall not be increased or dimin ished during the term for which the appointment is made; provided, that no person shall be appointed for a longer time than that for which a member of the board of education is elected; and such board shall have power to dismiss any appointee for inefficiency, neglect of duty, immorality or improper conduct; provided further, that in each township district the local directors shall employ or dismiss for sufficient cause the teacher or teachers of the school or schools in the sub-district in which they reside, and shall also have power to fix the salaries or pay of said teachers, which salaries or pay may be increased but not diminished in amount by the township board, and shall not in any year exceed in aggregate amount the school moneys distributed pro rata by enumeration, and the amount which shall be apportioned to such sub-district of the fund raised by local levy to continue the schools in session twenty-four weeks each year as required by law; and in case the local directors of any sub-district shall fail to employ a teacher or teachers as aforesaid, the township board of education shall employ a teacher or teachers for such sub district school or schools, and fix the salaries or pay of the same. The local directors shall certify the amount due any teacher for services, to the township clerk, who shall draw an order on the township treasury for the amount, when said teacher shall file with him this certificate, the term report prescribed by the state commissioner of common schools, together with such other reports as may be required by the rules of the board, and a copy of his or her certificate of qualifications from the county examiners, as required by section ninety-four of this act.

SEC. 54. The board of education of any district are hereby authorized and required to make such rules and regulations as they may deem expedient and necessary for the govern ment of the board, their appointees and the pupils; and no meeting of a board of education not provided for by the rules of the board or by law, shall be legal unless all the members thereof shall have been notified, as provided in section thirty-one.

SEC. 55. The board of education of any district are hereby empowered to build, enlarge, repair and furnish the necessary school houses, purchase or lease sites therefor, or rent suitable school rooms, and make all other necessary provisions for the schools under their control; and it shall be the duty of the local directors, under such rules and regulations as the town. ship board of education may prescribe, to provide fuel for schools, build, enlarge, repair and furnish school houses, purchase or lease sites therefor, rent school houses, and make all other provisions necessary for the convenience and prosperity of the schools within their sub-districts; and the township board, in its corporate capacity, shall be held responsible

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