Page images
PDF
EPUB

is not living or cannot be found in the county or if their names cannot be ascertained, then the name of the legal guardian, and if their be none, then the person who in the judgment of the comaplainant is responsible for the control of such child. Such complaint shall be verified by oath upon belief of the complainant. Upon the filing of such complaint, the Judge of the County Court shall forthwith cause to be issued a warrant of arrest to the Sheriff of the county directing him to bring such parent, guardian or person before the Court and to summon such witnesses as may be necessary to ascertain the facts in the case. Provided, that if such complaint shall contain a statement to the effect that the complainant believes that the County Judge of such county is personally interested in the subject thereof, or is otherwise disqualified or that in the opinion of the complainant, a fair and impartial hearing and determination of the subject matter of said complaint cannot be had before said County Judge because of the interest, prejudice or bias of said County Judge, then said complaint may be addressed and presented to the Circuit Judge of the circuit in which such county is located, who shall thereupon have jurisdiction, and whose duty it shall then be, to forthwith proceed in said matter in accordance with the provisions of this section. And after such a complaint shall have been filed by any person other than the County Superintendent or Superintendent of Public Instruction, the state shall have the right to change the venue thereof to the circuit court upon the filing of a proper affidavit declaring interest, prejudice or bias on the part of the County Judge as aforesaid.

2. Penalty.] Any person having control of a child of compulsory school age who fails to cause such child to attend school as herein required, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for the first offense. For each subsequent offense he shall be subect to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or imprisonment in the county jail for not less than ten days nor more than thirty days, or both such fine and imprisonment in the discretion of the Court, and shall stand committed until such fine and costs are paid. Provided, that such fine shall be paid to the County Treasurer and by him credited to the school fund of the county in which the convicted person resides.

(b) Any County Superintendent who shall willfully neglect to perform his duties as truancy officer; any teacher who shall fail to make prompt reports on attendance and non-attendance as required by law; any person who shall harbor or employ a child of compulsory school age not legally excused during the school term; the members of any School Board or Board of Education that shall willfully neglect or refuse to provide school facilities for children of their school district for at least eight months during the school year, or that willfully neglect to perform any other duties enumerated in this article; any truancy officer who shall willfully neglect to perform the duties of his office; or any person who shall hamper or hinder a child of compulsory school age from attending a school, which meets all legal requirements or who knowingly or willfully interferes or attempts to interfere with such attendance, shall be guilty of a misdemeanor and shall be subject to the same penalty as parents who violate the requirements of this article.

3. Superintendent of Public Instruction Charged with Enforcement.] The Superintendent of Public Instruction, or his authorized

[blocks in formation]

agent, is hereby charged with the general enforcement of the provisions of this article, as well as all laws of this state relating to compulsory attendance of persons of school age, and in the performance of such duties shall have the same powers and privileges herein granted to truancy officers.

Section 7644. Supervision of Private Instruction.] All private school instruction and all private instruction accepted in lieu of public school instruction shall first be approved by the County Superintendent, who shall exercise supervision over such schools and such instruction, and shall exercise the right of visitation and inspection thereof and may revoke his approval of such instruction at any time, and such schools shall make all reports to the County Superintendent concerning attendance as are required of public schools; provided, that any person aggrieved by the decision of the County Superintendent in the exercise of such supervision may appeal to the Superintendent of Public Instruction, whose decision shall be final. Provided, that no person shall be permitted to teach in any private school any of the branches prescribed to be taught in the public schools unless such person shall hold a certificate entitling him to teach the same branches in the public schools of this state. Provided further, that every instructor in any public or private school, every school officer, and every other person, who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars, ($100.00) and in addition thereto such violation shall be sufficient grounds for revocation by the Superintendent of Public Instruction of any teacher's certificate held by anyone so violating the provisions hereof. All fines collected under this section shall be paid to the County Treasurer and by him credited to the county general school fund.

Section 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

Approved February 24, 1921.

CHAPTER 200.

(S. B. 291)

RELATING TO COMPULSORY EDUCATION.

AN ACT Entitled, An Act Amending Section 8 of Chapter 169 of the Session Laws of 1919 Relating to Compulsory Education,

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 8 of Chapter 169 of the Session Laws of 1919 be amended to read as follows:

Section 8. (a) All expenses incurred in maintaining evening school classes and otherwise enforcing and administering the provisions of this Act, shall be paid out of the funds of the Department of Public Instruction appropriated as state aid for such purposes; provided that after June 30, 1921, not to exceed the sum of five thousand ($5,000.00) dollars of the aforementioned fund shall be used for salaries and traveling expenses of employees in any one year.

(b) Provided further, that if the appropriation made in Chapter 169 of the Session Laws of 1919 shall be insufficient to pay all claims

[ocr errors]
[blocks in formation]

for state aid for the establishment of evening school classes which have been approved prior to July 1, 1921, then such claims shall be paid out of the appropriation for state aid to rural and consolidated schools as provided in Chapter 49 of the Session Laws of 1919 for the fiscal year ending June 30, 1921.

Section 2. Provided further, that this Act shall not be construed as repealing any appropriations already made for compulsory education. Section 3. Whereas, this Act is necessary for the immediate support of the State Government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Approved March 12, 1921.

CHAPTER 201.

(H. B. 195.)

RELATING TO FORMATION OF CONSOLIDATED SCHOOL DISTRICTS.

AN ACT Entitled, An Act to Amend Sections 7570 and 7571 of the Revised Code of 1919, Relating to the Formation of Consolidated School Districts.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7570 of the Revised Code of 1919, be amended to read as follows:

Section 7570. Subject to Approval of Superintendent of Public Instruction.] Before any steps are taken in organizing a consolidated school district, the Superintendent of the county in which the major portion of the territory is situated, from which it is proposed to form such district, shall cause a plat to be made showing the size and boundaries of the new district, the location of the school houses in the several districts, the location of transportation routes, together with such other information as may be essential. The County Superintendent shall then arrange for a meeting of all of the officers of the school districts affected, at some convenient meeting place for the purpose of discussing and proposing such changes or modifications in the plat as may seem necessary, and such changes or modifications proposed at this meeting shall then be submitted, together with the plat, to the Superintendent of Public Instruction, who shall approve, modify or reject the plan so proposed and certify his conclusions to the County Superintendent of Schools.

Section 2. That Section 7571 of the Revised Code of 1919 is hereby amended to read as follows:

Section 7571. Proceedings to Perfect Consolidation.] After approval by the Superintendent of Public Instruction of the plan for the formation of a consolidated school district, and upon presentation to the County Superintendent of a petition signed by at least twenty-five per cent of the electors of each district affected, qualified to vote at school meetings, the genuineness of whose signatures shall be verified by the affidavit of the person who circulated such petition, asking for the formation of a consolidated school district in accordance with the plan approved by the Superintendent of Public Instruction, the County Superintendent shall within ten days, cause ten days posted notice to be given in each district affected and one week's published notice, if there

be a newspaper in such district, of an election or special meeting to be held within each of the several school districts affected, part of all of which is included in such proposed consolidated school district, at a time and place specified in such notice, upon the question of such consolidation. At such meeting or election the Chairman, Clerk and Treasurer shall be the officers of the meeting or election and the meeting or election shall be conducted as are regular annual school meetings. The vote at such election or meeting shall be by ballot which shall read "For consolidation" or "Against consolidation." The County Superintendent shall furnish each school district Clerk, uniform blanks and ballots for such election and for making proper returns of said election. The officers of such meeting or election shall within ten days certify the result of the vote to the superintendent of the county in which such district mainly lies. When such proposed consolidation affects only common schools, and a majority of the total combined votes cast in all of the school districts affected by such proposed consolidation, are for consolidation; or when such proposed consolidation affects an independent school district and one or more common school districts, and a majority of the votes cast in said independent district, and a majority of the total combined votes cast in all of the common school districts affected by such proposed consolidation, are for consolidation, the County Superintendent within ten days thereafter shall make a proper order to give effect to such vote and shall thereafter transmit a copy thereof to the Auditor of each county in which any portion of each district affected lies, to the clerk of each district affected, and to the Superintendent of Public instruction. If the order be for the formation of a new district it shall specify the number of such district. The County Superintendent shall also cause ten days posted notice and one week's published notice, if there be a newspaper published in such district, to be given of a meeting to elect five members of the Board of Education and a Treasurer of the newly formed consolidated school district; and such consolidated district shall, upon its formation, become an independent district with the powers and duties of, and be governed by the laws relating to independent districts.

Approved March 1, 1921.

CHAPTER 202.

(S. B. 50)

RELATING TO ABANDONMENT OF CONSOLIDATED SCHOOL DISTRICTS.

AN ACT Entitled, An Act to Amend Chapter 171 of the Session Laws of 1919, Relating to Abandonment of Consolidated School Districts.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Chapter 171 of the Session Laws of 1919 is hereby amended to read as follows:

Section 1. That in all school districts in which an election has been held for the purpose of forming a "Consolidated School District" and in which no building or buildings have been erected or purchased and in which no bonds have been issued since the consolidation of said District, an election may be called and held, as hereinafter provided, after

the expiration of one year from the consolidation of such District or Districts, for the purpose of determining whether the consolidation of such District or Districts shall be abandoned, and said District or Districts reorganized as common school districts.

Section 2. Upon presentation to the County Superintendent of a petition signed by at leasat forty (40) per cent of the electors of any such consolidated School District, qualified to vote at school meetings, the genuineness of whose signatures shall be verified by the affidavit of the person who circulated such petition, asking for the abandonment of such Consolidated District, the County Superintendent shall within ten (10) days cause twenty (20) days' posted notice to be given in such Consolidated School District and one (1) week's published notice, if there be a newspaper in such district, of an election to be held upon the question of the abandonment of the consolidation of said district, at a time and place so specified in such notice. At such election, the Board of Education of said Consolidated School District shall elect from their number a chairman and clerk who shall be the officers of the meeting. The chairman shall appoint two tellers and the meeting or election shall be conducted as are the regular annual school meetings. The vote of such election or meeting shall be by ballot which shall read "For Abandonment of Consolidation" or "Against Abandonment of Consolidation." The officers of such meeting or election shall within ten (10) days certify the result of the vote to the County Superintendent. If a majority of all of the electors of such consolidated district, vote in favor of abandonment, the County Superintendent shall on the first day of July, immediately following such election, make proper orders to give effect to such vote and shall transmit a copy thereof to the Auditor of the county and to the clerk of the said District affected, and also to the Superintendent of Public Instruction, and the County Superintendent shall then immediately cause ten (10) days' posted notice to be given in each of the former Districts included in said abandoned Consolidated School District, of a meeting to be held for the purpose of electing a new chairman, clerk and treasurer for each common school district and a Board of Education and a Treasurer for the Independent District therein which territory shall thereafter be and remain a school district and be governed by the general laws of the State of South Dakota applying to school districts, until changed or divided by the provisions of law applying thereto.

Section 3. For the purpose of determining the number of electors within such Consolidated School District for such election, the County Superintendent shall, immediatly upon filing of petition asking for such election, appoint three of the members of the Board of Education of said Consolidated School District who shall constitute a Board of Registration. Such Registration Board shall meet on the second Tuesday following the date of their appointment, at the place designated for holding such election, and shall meet again on the following Tuesday; and shall be governed by the laws on Municipal Registration as found in Sections 7086 to 7096 inclusive, of the Revised Code of 1919; except that where the law applies to cities and town, this shall apply to Consolidated School Districts; provided however, that any person whose name does not appear on such registration list, but who votes at such election, upon executing proper affidavit, shall have his name added to such registration list and shall be counted as one of the electors in said District.

Section 4. All properties, acquired by the Consolidated School District seeking to be dissolved under this Act and where such ConsolLaws-20.

« PreviousContinue »