THE PUBLIC SCHOOL LAW OF NORTH CAROLINA BEING A PART OF CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE GENERAL ISSUED FROM THE OFFICE OF THE 1917 PREFATORY NOTE This compilation of the Public School Laws of North Carolina is issued in this form, in accordance with section 4089 of The Revisal of 1905. All amendments to the General School Law made by the several General Assemblies since the compilation of the law in The Revisal of 1905 have been incorporated in the respective sections, and the amendments made by the General Assembly of 1917 are printed in italics in the amended sections. This compilation includes also the special acts of State-wide application relating to public schools not included in the body of the public school law. The notes, decisions and other matter, it is hoped, will be found convenient and useful. A careful reading of the law by all school officers and teachers will prevent many mistakes and much burdensome correspondence and delay. J. Y. JOYNER, Superintendent of Public Instruction. RALEIGH, May, 1917. UNIV. OF VINNOJETO EDUCATION IN OUR CONSTITUTION Article IX of the Constitution of North Carolina relates to education. It reads as follows: SECTION 1. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. SEC. 2. The General Assembly, at its first session under this Constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools; but there shall be no discrimination in favor of or to the prejudice of either race. SEC. 3. Each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be maintained at least four months in every year; and if the commissioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment. SEC. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State and not otherwise appropriated by this State or the United States, also all money, stocks, bonds and other property now belonging to any State fund for purposes of education, also the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises that have been or hereafter may be made to the State and not otherwise appropriated by the State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining in this State a system of free public schools, and for no other uses or purposes whatsoever. SEC. 5. All moneys, stocks, bonds, and other property belonging to a county school fund, also the net proceeds from the sale of estrays, also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as an equivalent for exemption from military duty shall belong to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties in this State: Provided, that the amount collected in each county shall be annually reported to the Superintendent of Public Instruction. SEC. 6. The General Assembly shall have power to provide for the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, franchises and endowments thereof in any wise granted to or conferred upon the trustees of said University; and the General Assembly may make such provisions, laws and regulations from time to time as may be necessary and expedient for the maintenance and management of said University. 381750 SEC. 7. The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons shall be appropriated to the use of the University. SEC. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction, and Attorney-General shall constitute a State Board of Education. SEC. 9. The Governor shall be president and the Superintendent of Public Instruction shall be secretary of the Board of Education. SEC. 10. The Board of Education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State; but all acts, rules and regulations of said board may be altered, amended, or repealed by the General Assembly, and when so altered, amended or repealed they shall not be reënacted by the board. SEC. 11. The first session of the Board of Education shall be held at the capital of the State within fifteen days after the organization of the State Government under this Constitution; the time of future meetings may be determined by the board. SEC. 12. A majority of the board shall constitute a quorum for the transaction of business. SEC. 13. The contingent expenses of the board shall be provided by the General Assembly. SEC. 14. As soon as practicable after the adoption of this Constitution the General Assembly shall establish and maintain in connection with the University a department of agriculture, of mechanics, of mining and of normal instruction. SEC. 15. The General Assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means. SEC. 27. The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right.-Bill of Rights, North Carolina Constitution. Article II, section 29: The General Assembly shall not pass any local, private, or special act or resolution: "Erecting new townships, or changing township lines, or establishing or changing the lines of school districts." EDUCATIONAL QUALIFICATION FOR SUFFRAGE. Article VI, section 4, of the Constitution of North Carolina contains the following: Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language; and before he shall be entitled to vote he shall have paid, on or before the first day of May of the year in which he proposes to vote, his poll tax for the previous year, as prescribed by Article V, section 1, of the Constitution. But no male person who was on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualifications herein prescribed: Provided, he shall have registered in accordance with the terms of this section prior to December 1, 1908. |