SCHOOL LAW OF VIRGINIA.

(Continued from page 235.)

UNEXPENDED SCHOOL FUNDS, HOW DISPOSED OF.

153. All sums of money derived from state funds, which are unexpended in any year in any public free school district, shall go into the general school fund of the state for redivision the next year; and all sums derived from county or district funds, unexpended in any year, shall remain a part of the county or district funds respectively, for use the next year. But no sums derived from county or district funds shall be subject to redivision outside of the county or district respectively.

Of sub districts; embrace the area assigned to each school house; may include portions of two districts; how formed; what pupils admitted to school; three school directors to be elected, and mode of their election; provision for expenses of school; census to be taken of any territory added to old district; apportionment of money to conform thereto; school directors to choose the teacher; other duties of direc tors; these provisions not to interfere with authority and duties of county superintendent; Board of Education to give effect to this law; which shall not apply in counties where disapproved by county school board; act of February 5, 1875, repealed.

154. In due time before the opening of schools in the next school year, it shall be the duty of each district school board to determine by specified boundaries what shall be the area to be attached to each school-house for whites, and to each schoolhouse for blacks. These areas shall be called sub-districts, and their boundaries may be changed, from time to time, at the discretion of the district board. The sub-districts for the whites shall be numbered with cardinal numbers, and the sub-dis tricts for the blacks shall be lettered with capital letters. A full record of the subdistricting shall be made in the record book of the district.

155. Whenever it is found necessary for the convenience of the people, a sub district may be made to include portions of two or more districts, or portions of two or more counties. Every sub-district thus formed shall be under the school board on whose territory the school-house is situated. When it is desired to form a sub-district from parts of two or more districts in the same county, the matter shall be considered by the district school boards immediately concerned, and on their mutual agreement the boundary lines shall be established. But in case these boards fail to agree, either one of the parties may appeal to the board of reference provided in the act approved February 13th, 1877, and entitled an act to amend and re-enact an act entitled an act to provide for appeals from the action of district school boards in certain cases, approved March 30th, 1875. In like manner, when it is desired to form a sub-district from districts belonging to different counties, the boundary lines may be established by the mutual agreement of the school boards immediately concerned. But in case these boards fail to agree, either party may appeal to a board of reference, to be composed of the two county superintendents, together with the chairman of some district school board not concerned, to be selected by these superintendents, and the decision of this

special board shall be final as to the first establishment of the boundary lines, or as to any subsequent changes therein. Any doubtful question as to the location of the school houses in such sub districts, as are contemplated in this section, shall be decided in the same manner as the question of boundary lines.

156. No children from beyond the limits of a sub-district shall be received into the school therein, except such as are included in some general order of the district board, or such as bring a special written permit issued by order of the district board and signed by one of its officers. The district board may grant such permits not only to children residing in its own district, but to children from other districts, whose tuition is provided for by agreement with the school boards from whose territory they come, and to any children from outside of the sub-district whose tuition is paid for privately to the board: provided, that the privileges of children residing within the sub-district shall in no wise be interfered with injuriously by the admittance of other children.

157. As soon as practicable after the laying off of the sub-districts, and annually thereafter, the district board shall, with due notice, appoint a meeting of all resident tax payers and heads of families at some convenient place in each sub-district for the election of school directors, and for other purposes. Should any district school trustee be present at the meeting, he shall preside; or if more than one be present, the one holding an office, or the higher office in the board shall preside. If no school officer be present, a chairman shall be chosen by a vote of the meeting in the ordinary way. The chairman shall appoint a secretary. It shall be the duty of the clerk of the district school board to furnish the meeting in question with a copy of this act (the same to be furnished to him by the Superintendent of Public Instruction), and such act shall either be read to the meeting, or the substance thereof explained to the same, by any district trustee who may be present. This being done, the secretary shall make a list of all persons present who are entitled to vote. If it be ascertained that less than a majority of the persons entitled to vote are present, the meeting shall adjourn from time to time until at least one fourth of the voters are in attendance. When it has been ascertained that the meeting is a lawful one, it shall then proceed to elect three persons residing in the district to serve as school directors, one of whom is to serve one year, one to serve for two years, and one for three years from the date of the meeting at which they are elected: provided, that at subsequent annual meetings, expiring terms shall be renewed by elections for three years. Vacancies occurring between meetings may be filled by the remaining directors, and appointments thus made shall be valid until the next public meeting. It shall be the duty of the secretary of the meeting to make report to the district board of the names and terms of office of persons chosen as school directors, and also such other action as may be taken by the meeting. No compensation shall be allowed to any officer provided for in this act. No one shall be chosen a director who is unable to read and write. Should the people, in any case, fail to appoint directors, the district school board shall make the appointments.

158. At the same meeting, or at an adjourned meeting, provision shall be made by such method as may be agreed upon for the current contingent expenses of the contemplated school, including repairs, fuel, and such like, but not including teacher's salary, furniture and apparatus; but no pupil shall be excluded from attendance upon the school by reason of the failure of his parent or guardian to contribute

to these current expenses: provided, that this section shall not prohibit the district school board from making contributions in whole or part for the supply of these wants, when for good reasons, and especially in cases of general poverty among the people it seems proper to do so. Special meetings of the people may be called at any time by the chairman or secretary on the application of any five citizens residing in the district.

159. In cases where sub-districts have been made to include territory which before belonged to other districts, either in or out of the county, it shall be the duty of the clerk of the board of district school trustees, as soon as may be after the sub-districting shall have been completed, and before any apportionment of school money shall have been made, to take a census, in the usual form, of the school population in any such addition of territory. One copy of such census shall be furnished to the board of trustees of the district to which the territory has been added and another to the board of trustees of the district from which the territory has been taken; and after the correctness of the census shall have been established, due report thereof shall be made to the county superintendent, or superintendents, concerned, and also to the Superintendent of Public Instruction in cases where the school population of counties is affected; and thereafter all apportionments of school money shall be made in accordance with the results thus obtained.

160. The teacher for each *school district shall be chosen by the school directors of that sub-district from among those licensed by the county supertintendent, and when chosen, information thereof shall be communicated to the board of district school trustees, which shall in due time enter into contract with this teacher. The compensation of the teacher, so far as drawn from public funds, and also the time of opening and closing the school, shall remain under the control of the board of district school trustees provided that this board shall, when practicable, adopt the system of opening every alternate school during the first five months, and the remaining schools during the second five months of the school year.

161. the school directors shall collect and apply the contributions provided for in the fifth clause of this section; shall attend promptly to any repairs needed on or about the school house; shall make known to the district boards the wants of the school in respect to furniture, apparatus and other appliances, and shall do all in their power to protect and improve the school property and to render it comfortable, decent and attractive. They shall also support and counsel the teacher, and do what they can to secure justice and harmony among all concerned. They shall also do what they can to secure the enrolment and regular attendance of children at school and to promote the appreciation and desire of education among the people.

162. Should any violation of the school laws and regulations come to their knowl edge, or any practical difficulties occur which they are unable to control, it shall be the duty af the directors to report the facts promptly to the district board of trustees which board shall continue to have ultimate power and authority in all matters pertaining to the schools. Moreover, if the teacher or any parties residing in the subdistrict shall feel aggrieved respecting the acts of the directors, or any one of them, or by reason of the neglect of duty or improper conduct of any director, such teacher or other party concerned, shall be allowed to lodge formal complaint before the dis

* Evidently this means SUB-DISTRICT.-S. P. I.

trict board against such director or directors, and if the district board shall deem the complaint of sufficient importance, it shall give due notice to both or all parties affected and decide the complaint upon its merits, either by dismissing it or equiring some change of action, or, if it seems proper, by declaring vacant the office of the director or directors complained of: provided that to either party is hereby reserved the right of appeal from the action of the district board to the board of reference referred to in second clause of this section.

163. This act shall not interfere with the duties and authority of the county superintendent in respect to teachers and schools as heretofore provided by law. Nor shall this act be considered as applicable to cities or towns set off as separate school districts, except that such separate town districts are hereby empowered to extend their lines beyond the corporate limits so as to embrace the children in the suburbs, when the school boards of the two districts affected shall agree upon the same, and in case of disagreement the matter shall be determined by appealing as hereinbefore provided; and where new lines have been thus established, the apportionment of school money to the said districts shall be made to conform to such change.

164. It shall be the duty of the Board of Education to make any regulations which may be needed for carrying out the provisions of this act.

165. Except in the counties of Fairfax and Loudoun, this act shall not apply to counties in which the county school board shall, after due consideration, adjudge its provisions to be unsuited to its county, and as calculated to impair the successful working of the public school system therein: provided further, that after trial of one year of the operation of this law in the said counties of Fairfax and Loudoun, the county school board of either county, or any twenty five heads of families whose children have attended the public schools, may, if in their judgment the operations of this law be deemed injurious to the interests of education, apply to the State Board of Education for relief, whereupon it shall be the duty of the State Board of Education to make all needful inquiry as to the facts in the case, and it shall have power, and it shall be its duty, either to confirm the law in its operation, or to suspend its action in those counties, according as the said board may deem best for the interests of the public education therein.

166. The act approved February 5th, 1875, entitled an act authorizing the division of school districts into sub-districts, and to provide for the management of the public schools therein, is hereby repealed.

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IT STANDS AT THE HEAD.