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Annual levy: when and how


of taxation.

what consti


pay salary of teachers only.

that section forty-one be inserted as an additional section to said chapter:

Annual Lery for Support of Primary Schools.


40. For the support of the primary free schools of made, and for their district, and in each independent school district, and to pay any existing indebtedness against the "teachers' fund", the board of education thereof shall annually on the first Monday in July, or as soon thereafter as possible, levy by the authority of the people as prescribed in section two of this chapter, such a tax on the property taxable in the district, as will, with the money received from the state for the support of free schools, be sufficient to keep schools in operation at least five Maximum rate months in the Provided, The said tax in any one year shall not exceed the rate of fifty cents on every one hundred dollars' valuation according to the latest available assessment made for state and county taxation. Teachers' fund; The proceeds of this levy, together with the money received from the state as aforesaid, shall constitute a special fund to be called the "teachers' fund", and no To be used to part thereof shall be used for any other purpose than the payment of teachers' salaries, first, for the current year, and any part of said fund not so expended, shall be appropriated to the payment of any existing indebtedness created for said purpose. Upon the failure of any board of education to lay such levy as is hereby reMandamus to quired, or any other levy provided for in this chapter, they shall be compelled to do so by the circuit court of the county by a writ of mandamus, unless good. cause be shown to the contrary. But in case of the levy provided for in this and the thirty-eighth section of this chapter shall not be sufficient to pay any existing indebtedness of the district, in addition to the other purposes for which it is levied, the board may increase such levy to the amount actually necessary, or lay a special levy for the purpose, and in no case shall the appropriation of any money to the payment of any existing indebtedness, directly or indirectly, interfere with the payment of teachers' salaries for the term of five kept open five months, for which the schools are required by law to be kept open in each year.

compel board

to lay levy.

Insufficient levy.

Schools to be


How continued

onger than five

tion for.

41. If the board of education of any district agree months; elec- that the school in their district should be continued more than five months in the year, or if twenty or more voters of the district ask it in writing, they shall submit the Length of time question to the voters thereof at the next general election, which order shall state also the length of time for

to be stated in


Majority of

thorize levy for

which it is proposed to continue the schools. Ballots Ballots. may be used for voting on the question, on which may be written or printed "For months' school," for those who are in favor of more than five months' school; those who oppose a longer term than five months, may vote with a ballot having written or printed on it, "Against more than five months' school. And if the proposition for a longer term than five months have a majority of all the votes cast for and against, then the votes cast necboard shall order the levy accordingly. Provided, That essary to auin any district where a poll is held for a purpose herein more than five specified, notices of such election shall be posted by the school. secretary of the board of education in at least three Notice of elecpublic places in the district, at least three weeks before tion. the day of voting; and the notice shall explicitly state the term of time for the school, which is to be voted only two terms for, and only two terms of time shall be voted for at voted for at one any one election. And the time of the term voted for at such election shall continue for two years. The poll shall be held and the election conducted, and the official years. records returned as prescribed in the second section of held, etc. this chapter.


of time to be


Term voted to continue two How poll

order schools

The trustees in each sub-district may, in their discre- Trustees may tion, order all the schools under their jurisdiction to be- to begin in any gin in any month in the school year.

Speaker of the House of Delegates.


President of the Senate.


February 28, 1895.

I certify that the foregoing act, having been presented to the governor for his approval, and not having been returned by him to the house of the legislature in which it originated within the time prescribed by the constitution of this State, has become a law without his approval.

Secretary of State.

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[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect at the expiration of ninety days after its passage.]


County courts authorized to


school at place
of reception
of the poor.
Expense to be
paid by the

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AN ACT to provide education for children at the place

of reception for the poor.

[Passed February 22, 1895.]

Be it enacted by the Legislature of West Virginia:

1. That the county court of any county or counties, that have a place of reception for the poor, shall have the at their discretion, and at the expense of the power, county, to provide a suitable room or building, books, stationery, and employ a suitable teacher, to educate the children at the place of reception for the poor, and the to be under su- school shall be under the supervision of the county suCounty super-perintendent the same as the free schools of the county.

Such school

pervision of


(Approved February 22, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

Code amended.

Teacher to

keep daily reg

monthly re

(Senate Bill No. 33.)


AN ACT to amend and re-enact sections thirty, fortyfive and ninety-six of chapter forty-five of the code of West Virginia, concerning education.

[Passed February 21, 1895.]

Be it enacted by the Legislature of West Virginia:

That sections thirty, forty-five and ninety-six of chapter forty-five of the code of West Virginia, be amended and re-enacted so as to read as follows:

30. Every teacher shall keep a daily register, and ister and make make monthly reports to the secretary of board of education of his district. He shall also keep a term regisWhat to show, ter, in which shall be entered the date of the commence

Term register;

ment and termination of every term of school, the name and age of every scholar who attended the school during said term, the daily attendance, distinguishing between males and females, the branches taught and the number of scholars engaged each month in the study of each branch, and such other particulars as are necessary to enable the secretaries of the boards of education, or directors, to make the reports required of them. The State superinstate superintendent of free schools shall prescribe such prescribe forms forms and regulations, respecting the register to be and regulakept and the reports to be made by the teachers, as shall ing register seem to him necessary.

tendent to

tions respect

and reports.

Register to be

where: if im

At the close of each term the register thereof shall be returned by the teacher to the office of the secretary of returned: the board of education for the district, who shall file the properly kept, same, and unless such register be properly kept and re- etc., what. turned, the teacher shall not be entitled to demand payment for the balance due on his salary.

monthly; how.


Certificate of

Teachers shall be paid monthly, and by orders on the Teachers paid sheriff, or collector, signed by the secretary and president of the board, which said orders when signed as aforesaid and delivered to the teacher shall be deemed When order at once due and payable. Where any teacher has taught due and payaccording to his contract, for one month, the trustees for the sub-district in which he has so taught, shall certify the fact to the secretary of the district board, where- trustees. upon he shall receive from said secretary an order upon the sheriff or collector of the county, signed by the secretary and president of the board of education, for one month's salary; but in no case shall such order be given order not to be unless the monthly report containing the facts required given, unless, in the preceding part of this section, to be shown in the term register, be first duly made out and returned to the secretary. The school month shall consist of twenty days, excluding Saturday, all of which shall be devoted to teaching the school contracted for.

How orders to be drawn.


School month.

stitutes: when

As a means of improving the teachers, and fitting them for more effective service in the free schools of Teachers' inthe state, teachers' institutes shall be held annually and how to be throughout the state, one or more in each county; they held, etc. shall be held at such times and places as the state superintendent shall, with the advice of the county superintendent, direct, and shall continue each for one week of

five days; they shall be conducted by experienced and Conductors of skillful institute instructors, who shall be appointed by the state superintendent, but it shall be a part of the duty of the county superintendent, under the instructions of the state superintendent, to make all proper ar- County superrangements for the institutes, and to assist in conduct- intendent to ing them.

assist in.

Fee of instructor.

How paid.

But one conductor to be paid for each institute. Aggregate amount limited.

One examina

tion to be held

The instructors whom the state superintendent shall employ, as herein provided, shall each receive for his services not more than twenty-five dollars for each institute he may instruct, to be paid out of the general school fund, on a proper order of the state superintendent, and not more than one instructor shall be paid for each institute, but the aggregate amount of such compensation for the whole state shall not exceed one thousand dollars.

At the close of the institutes, as herein provided, and at close of in- during the week following, the county board of examiners shall hold one of the two examinations prescribed in section twenty-eight:


No examina

Provided, That no examination shall be held or certition to be held, ficate granted until after the first day of the school year of school year. in which said certificates are to be used.

etc, until clo e

Duty of state

conducting in

stitutes: to

prescribe course of


It shall be the duty of the state superintendent to superintendent prescribe a graded course of institute work covering a as to method of period of two years, and the methods of conducting the same, together with such other details connected therewith as he shall deem conducive to their usefulness and efficiency. It shall also be the duty of the state superintendent to prescribe a graded course of professional study covering a period of two years, which shall embrace history of education, school management, methods of teaching and educational psychology. Any teacher who has completed the graded course of institute work and the graded course of professional study and passed a satisfactory examination thereon, and also obtained a number one teacher's certificate, shall be exempt from further compulsory institute attendance.

When teacher exempt from attending institute.

Teacher re

fusing, etc, to attend institute.

Unlawful to

expend more than what.

Any teacher not exempt from institute attendance who shall fail or refuse to attend at least one institute annually held under the provisions of this section, unless such teacher shall have an excuse therefor, sufficient in the judgment of the board of examiners to which such teacher may apply for examination, shall not be entitled to examination or be employed to teach in any free school during the year within which such failure or refusal may have occurred.

45. It shall not be lawful for the board of education of any district, or independent school district, to contract for, or expend in any year, more than the aggregate amount of its quota of the general school fund, and the amount collected from the district or independent school district levies for that year, together with any balance remaining in the hands of the sheriff, or collector, at the end of the preceding year, and such arrearages of

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