SECTION 4116. UNIVERSIT than twenty per centum thereof; in counties with a total school [No county which does not apportion its school fund according to this section can legally ask for aid from the second $100,000. The apportionment of the school fund, therefore, strictly according to this section, is highly important. The following are the successive steps to observe: 1. Determine, first of all, what the total school fund is. 2. Next reserve the contingent fund to pay the salary of the county superintendent and the mileage, per diem and expenses of the county board. 3. Reserve, if necessary, what may be needed for building, observing that the amount for this purpose is limited according to the amount of the total fund. 4. Ascertain the school population of the whole county, and calculate what the per capita is for each child, after deducting the sum of the contingent fund and the building fund. 5. Multiply the per capita thus found by the whole number of children in each township, which will give the apportionment due each township. 6. Then fix the salary to be paid the teacher, white or black, of each school in each township, and also fix the amount of incidental expenses for each school. The sum of the salary for the term and the incidental expenses will be the apportionment to each district. 7. After this has been done, it can be easily ascertained what townships, if any, will not have a four-months term, and what townships, if any, will have more than a four-months term. If no township can thus be given a four-months term, the apportionment is then complete; but if it is found that some townships by this method will have more than a four-months term and some less, then as much of the school fund of those townships which will have more than a four-months term must be used to secure to all the schools of the other townships an increased school term by as much as one-sixth of the total fund apportioned will increase it. In other words, an amount equal to one-sixth of the total fund apportioned as above directed, if necessary, should be taken from the apportionment to the stronger townships which will have more than a four-months term and used to aid the weaker townships to have as nearly as possible a four-months term. This reserve fund should be taken pro rata from the stronger townships and added to the fund of the weaker townships so as to equalize the school term. 8. If the apportionment made by adhering to the instructions in 1 to 6 above will result in giving all the schools of all the townships more than a four-months term, but will give to some townships a much longer term than to others, then it is the spirit of the law to use as much as one-sixth of the total fund apportioned to equalize the school term in the weaker townships. It should always be remembered that no per capita apportionment of the school fund directly to the district is a legal apportionment in any county, under this section, and that no other method of apportionment than that outlined above is legal and equitable. For instance, if one first-grade salary is fixed for a district containing sixty-five children of school age, and one firstgrade salary is fixed for another district containing forty-five children of school age in the same township, the apportionment to each district would necessarily have to be the same, unless there was a difference in the necessary incidental expenses or in the kind of first-grade teacher to be employed. The law contemplates only an apportionment to the township per capita, and then such a distribution of the funds of the township as will give each district in the township, large or small in population, the same length of school term. This cannot be done, unless the board fixes the salary to be paid the teacher of each school in the township and apportions the school fund of the township accordingly. Of course, it would be entirely proper not to fix the same salary for every first-grade teacher, without regard to the grade of work required in each school and the qualifications of individual firstgrade teachers. What has been said above does not apply to special local-tax funds under the control of the school committees. And, finally, the term "weak districts" necessarily applies to all the districts of a township, for there can otherwise be provided no such equality of school term in the townships as this section contemplates.] 4117. APPORTIONMENT, BASIS OF. The semiannual apportionment of public-school money shall be based upon the amounts actually received by the county treasurer from all sources and reported by him to the county board of education, as required by this chapter. 1901, c. 4, s. 25. 4118. FISCAL SCHOOL YEAR. The fiscal school year shall begin on the first day of July and close on the thirtieth day of June next succeeding. 1901, c. 4, sec. 67. A Decision of the Superintendent. Would the investment of the proceeds of the sale of old school property in new property reduce by the amount of such proceeds the part of the general county school fund that may be annually invested in school buildings? The purpose of limiting the amount of the school fund that can be annually expended for school buildings was to prevent the hurtful decrease of the school term. Using the proceeds of the sale of old school property for new and better property is simply. exchanging school property, and need not be accounted for in the annual apportionment of the school fund of the county. VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION. Summary: THE COUNTY BOARD IS COMPOSED OF THREE MEMBERS ELECTED BY THE GENERAL ASSEMBLY. CORPORATE POWERS AS TO ACQUIRING, HOLDING AND DISPOSING OF SCHOOL PROPERTY ARE CONFERRED ON THIS BOARD, AND IT HAS ADDITIONAL POWER TO MAKE REGULATIONS GOVERNING THE ATTENDANCE OF PUPILS ON THE SCHOOLS AND OF TEACHERS ON EDUCATIONAL MEETINGS. THIS BOARD ALSO CONTROLS THE TIME THE SCHOOLS MAY BE IN SESSION, THE BUILDING AND REPAIR OF ALL SCHOOLHOUSES, AND MAY CREATE OR ABOLISH OR CONSOLIDATE SCHOOL DISTRICTS. IN ADDITION TO THE EXERCISE OF THE USUAL CORPORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT OF THE STATE SUPERINTENDENT, AND TO REMOVE ANY TEACHER FOR IMMORAL CONDUCT. 4119. ELECTION OF; VACANCIES IN, HOW FILLED. The General Assembly of one thousand nine hundred and nine shall appoint three men in each county, who shall constitute the county board of education-one for a term of office of two years, one for a term of office of four years and one for a term of office of six years. The term of office of each shall begin on the first Monday in July next succeeding his appointment. Each succeeding General Assembly, at its regular session, shall appoint one member of the county board of education in place of the member whose term of office expires on the first Monday in July next succeeding that meeting of the General Assembly, and his term of office shall continue for six years from the first Monday in July next succeeding his appointment and until his successor is duly appointed and qualified: Provided, that the provisions of this section shall not apply to those counties in which the county boards of education were, at the general election of nineteen hundred and eight, elected by a vote of the people. No person shall be eligible as a member of the county board of education who is not known to be a man of intelligence, of good moral character, of good business qualifications and heartily in favor of public education. In case of a vacancy in the county board of education, by death, resignation or otherwise, such vacancy shall be filled by the remaining members of such county board; but if such vacancy should remain unfilled for thirty days after it occurs, it shall be filled by the State Board of Education. Upon failure of the General Assembly to appoint one or more members of the county board of education for any county as herein provided, such failure shall constitute a vacancy, which shall be filled by the State Board of Education: Provided, that no person, while actually engaged in teaching in the public schools, shall be eligible as a member of the county board of education. 1901, c. 4, s. 12; 1903, c. 269, c. 439, s. 3; 1905, c. 533, s. 3; 1909, c. 435. 4120. QUALIFICATION OF MEMBERS; FAILURE TO QUALIFY; VACANCY. Those persons who shall be appointed members of the county board of education by the General Assembly must qualify by taking the oath of office on or before the first Monday in July next succeeding their appointment. A failure to qualify within that time shall constitute a vacancy, which shall be filled by the State Board of Education. Those persons who shall be elected or appointed to fill a vacancy must qualify within thirty days after notification thereof. A failure to qualify within that time shall constitute a vacancy, to be filled by the board which made such election or appointment. 4121. INCORPORATED; POWERS AND DUTIES OF. The county board of education shall be a body corporate by the name and style of the County Board of Education of ... ... County, and by that name shall be capable of purchasing and holding real and personal estate, of building and repairing schoolhouses, of selling and transferring the same for school purposes, and of prosecuting and defending suits for or against the corporation. It shall have power and authority, and it shall be its duty, to institute and prosecute any and all actions, suits or proceedings against any and all officers, persons or corporations, or their sureties, for the recovery, preservation and application of all moneys or property which may be due to or should be applied to the support and maintenance of the schools, except in case of a breach of his bond by the treasurer of the county school fund, in which case action shall be brought by the county commissioners as is hereinafter provided. 1901, c. 4, s. 13; 1903, c. 435, s. 4. 4122. RULES AND REGULATIONS FOR SCHOOLS, TEACHERS AND PUPILS. The county board of education shall have power and authority to fix and determine the method of conducting the public schools in their respective counties, so as to furnish the most advantageous method of education available to the children attending the public schools in the several counties of the State; and such board and the county superintendent of public instruction shall have full power to make all just and needful rules and regulations governing the conduct of teachers and pupils as to attendance on the schools, discipline, tardiness and the general government of the schools. 1903, c. 435, s. 4. |