LB ZSZ1 .CS- THE SCHOOL LAWS ANNOTATED OF THE STATE OF COLORADO As Amended to Date June 30, 1915 ^X^^^^jf MARY C. C. BRADFORrr^r^,. ^.o^^. The Smith-Brooks Company, State Printers Denver, Colorado \ <\\o ACKNOWLEDGMENTS The school people of the State of Colorado are greatly indebted to the Deputy State Superintendent of Public Instruc- tion, Hon. AliceB. Clark, for her painstaking and competent work upon the present edition of the School Laws. To Hon. Clement F. Crowley, Assistant Attorney General, much credit is also due. The State Department of Public Instruction desires to acknowledge the exceeding value of the service rendered by these officials. fey Trfens^f MOV 16* '^25 FOREWORD This volume contains a complete edition of the School Laws of the State of Colorado, and the provisions of the Enabling Act and Constitution of the state relating to the entire public school system, including all the state educational institutions, revised to July, 1915. Decisions of the courts of Colorado and of the State Depart- ment of Public Instruction upon questions of school law have been omitted from this volume. A desire for simplification and increased facility in the use of the school law has occasioned this change. The Department desires to call attention to the fact that copies of the school law, while intended for the benefit of school officials, become the property of the district to which they are sent, and as such should be delivered to successive school officers, to whose use they are dedicated. State Superintendent of Public Instruction. State Capitol, Denver, Colorado, June 30, 1915. EXPLANATORY NOTE Section numbers used in this edition for the Enabling Act and Colorado Constitution are the corresponding numbers used in the Revised Statutes of Colorado of 1908. Numbers at the beginning of each section of the law proper, commencing with "Alcoholic Drinks," are our own. The number at the end of each such section is the corresponding number of the section of the Revised Statutes. This edition of the school law is to be known as the "School Laws Annotated. ' ' In referring to a section thereof — for instance, section 25 — the reference should be "S. L. A. 25." The letters "R. S." mean Revised Statutes. The figures fol- lowing are the corresponding sections of such statutes, but are used herein for identification only, and not for reference ; for instance, "R. S. 25" means section 25 of the Revised Statutes of Colorado of 1908. The letters and figures "S. L. '09" or "S. L. '11" refer to the official Session Laws of Colorado for the years 1909, 1911 or 1913. The numbers following are the pages of such official laws; for instance, "S. L. '09, p. 26," means the corresponding portion of the law found on page 26 of the Session Laws of Colorado of 1909. The letters "C. " and "C. A." mean Colorado Supreme Court Reports and Colorado Court of Appeals, respectively. The num- bers preceding are the numbers of the volumes, and the numbers following are the pages of such volume. For instance, "4 C. 25" refers to the decision found in the fourth volume of the Colorado reports, beginning at page 25. The paragraphs in the smallest type, following the word "Note," are either references to other provisions of the law or in explanation of general provisions, but are not to be considered in any sense as decisions of this department. Provisions of the Enabling Act AND Constitution of the State of Colorado Pertaining to Public Schools THE ENABLING ACT 7. Lands for schools. The sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of congress, other lands equivalent thereto in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said state for the support of common schools. # # ^: # # # # 10. Seventy-two sections for university. That, seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected and approved in manner as aforesaid, and to be appropriated and applied as the legislature of said state may prescribe for the purpose named and for no other purpose. 14. School lands — how sold — price. That the two sections of land in each township herein granted for the support of com- mon schools, shall be disposed of only at public sale, and at a price not less than two dollars and fifty cents per acre, the pro- ceeds to constitute a permanent school fund, the interest of which is to be expended in the support of common schools. 15. Mineral lands excepted. That all mineral lands shall be excepted from the operation and grants of this act. Indemnity lands Note. This section should be construed in connection with section 7, supra, in that if sections 16 or 36 in any township are mineral in character, other sections are selected by the state in lieu thereof, and when any lands are selected in lieu of sections 16 or 36, or portions thereof, such selected land is known as "Indemnity Land." ANNOTATED SCHOOL LAWS CONSTITUTION ARTICLE IV EXECUTIVE DEPARTMENT 1. Term of office — ^residence — duties — seat of g-overnment. The executive department shall consist of a governor, lieutenant- governor, secretary of state, auditor of state, state treasurer, at- torney-general, and superintendent of public instruction, each of Vv^hom shall hold his office for the term of two years, beginning on the second Tuesday of January next after his election ; * * * The officers of the executive department, except the lieutenant- governor, shall, during their term of office, reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this constitution or by law. w ^ Jjp %■ ^ ^ w 3. State officers — election — returns — canvass — contests. The officers named in section one of this article shall be chosen on the day of the general election, by the qualified electors of the state * * * . 4. Elig-ibility — iirst election — thereafter — age — residence. No person shall be eligible to the office of governor, lieutenant- governor, or superintendent of public instruction, unless he shall have attained the age of thirty years. * * * and in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States, and have resided within the limits of the state two years next preceding his election. # # * # * # * 6. Governor appoint officers — vacancy — election — senate con- firms. * *' * If the office of auditor of state, state treasurer, secretary of state, attorney-general, or superintendent of public instruction, shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. * * * # # * * * * * 8. Governor demand information from officers. The gov- ernor may require information in writing from the officers of the STATE OV COLORADO t execiitive department upon any subject relating to the duties of their respective offices, which information shall be given upon oath whenever so required; lie may also require information in writing at any time, under oath, from all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices and insti- tutions. * * * * * * * * * # 16. Officers keep account of moneys — semi-annual reports. An account shall be kept by the officers of the executive depart- ment and of all public institutions of the state, of all moneys re- ceived by them severally from all sources, and for every service performed, and of all moneys disbursed by them severally, and a semi-annual report thereof shall be made to the governor, under oath. 17. Officers executive department — biennial report — governor transmit. The officers of the executive department, and of all public institutions of the state, shall, at least twenty days pre- ceding each regular session of the general assemblyj make full and complete reports of their actions to the governor, who shall transmit the same to the general assembly. 19. Officers receive salary — fees paid into treasury. Tlie officers named in section 1 of this article shall receive for their services a salary to be established by law, v/hich shall not be increased or diminished during their official terms. It shall be the duty of all such officers to collect in advance all fees pre- scribed by law for services rendered by them severally, and pay the same into the state treasury. 20. Superintendent of public instruction, ex officio librarian. The superintendent of public instruction shall be ex officio state librarian. -Jp w ^ ^ ^ rfr ARTICLE V SPECIAL LEGISLATION ******* 25. Special legislation prohibited. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say; * * * providing for the management of common schools * * * ^ ANNOTATED SCHOOL LAWS ARTICLE VII SUFFRAGE AND ELECTIONS 1. Citizenship. Every person over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections : He or she shall be a citizen of the United States, and shall have resided in the state twelve months imme- diately preceding the election at which he offers to vote, and in the county, city, town, ward or precinct, such time as may be prescribed by law. Residence in city, town, ward and precinct Note. Section 146 provides, in addition to above, that sucli person shall reside in this state one year immediately preceding the election at which he offers to vote; in the county, ninety days; in the city or town, thirty days ; and in the ward or precinct, ten days ; and section 143 provides that to vote at school election, the elector must live in the school district thirty days. 4. Absence in civil or military service. For the purpose of voting and eligibility to office, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the state, or of the United States, nor while a student at any institution of learning, nor while kept at public expense in any poorhouse or other asylum, nor while confined in public prison. 5. Privilege of voters. Voters shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. 6. Electors only eligible to office. No person except a quali- fied elector shall be elected or appointed to any civil or military office in the state. * .* * * * * * 10, Prisoners disqualified — restoration — pardon or full service. No person while confined in any public prison shall be entitled to vote ; but every such person who was a qualified elector prior to such imprisonment, and who is released therefrom by virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall, without further action, be invested with all the rights of citizenship, except as otherwise provided in this constitution. STATE OF COLORADO \f ARTICLE VIII STATE INSTITUTIONS 1. Charitable institutions established. Educational, reform- atory and penal institutions, and those for the benefit of the insane, blind, deaf and mute, and such other institutions as the public good may require, shall be established and supported by the state, in such manner as may be prescribed by law. •w" "SF "jF * -IF W ^ 5. State institutions — properties and moneys — location. The following educational " astitutions, to-wit : The University at Boulder, the Agricultural College at Fort Collins, the School of Mines at Golden, and the Institute for the Education of Mutes (which shall hereafter be known as Colorado School for Deaf and Blind), at Colorado Springs, are hereby declared to be institutions of the state of Colorado, and the management thereof subject to the control of the state, under the provisions of the constitution, and such laws and regulations as the general assembly may pro- vide, and the location of said institutions, as well as all gifts, grants and appropriations of money and property, real and per- sonal, heretofore made to said several institutions, are hereby con- firmed to the use and benefit of the same respectively ; Provided, This section shall not apply to any institution, the property, real or personal, of which is now vested in the trustees, thereof, until such property be transferred by proper conveyance, together with the control thereof, to the officers provided for the management of said institution by this constitution or by law; and. Provided further, That the regents of the University may, whenever in their judgment the needs of the institution demand such action, estab- lish, maintain and conduct all but the first two years of the departments of medicine, dentistry and pharmacy, of the Uni- versity, at Denver; and, Provided further, That nothing in this section shall be construed to. prevent state educational institutions from giving temporary lecture courses, commonly called "Uni- versity extension work," and ''Farmers Institute and Short Courses," in any part of the state, or conducting class excursions for the purpose of investigation and study. — Const. Amend. S. L. '09, p. 324. 10 ANNOTATED SCHOOL LAWS ARTICLE IX EDUCATION 1. Board of education — members — president. The general supervision of the public schools of the state shall be vested in a board of education, whose powers and duties shall be prescribed by law ; the superintendent of public instruction, the secretary of state and attorney-general shall constitute the board, of which the superintendent of public instruction shall be president. Note. 1. Superintendent of public instruction an oflficer of executive department. — Art. IV, §1. 2. Qualifications of superintendent. — Art. IV, § 4. 3. Ex officio state librarian.— Art. IV, § 20. 2. Free schools — one in each district — three months. The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state between the ages of six and twenty-one years may be educated gratuitously. One or more public schools shall be main- tained in each school district within the state, at least three months in each year: any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. Note. See teachers' minimum salary, § 384a. 3. School fund inviolate — state treasurer custodian. The public school fund of the state shall forever remain inviolate and intact; the interest thereon shall only be expended in the mainte- nance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred to any other fund, or used or appropriated except as herein provided. The state treasurer shall be the custodian of this fund, and the same shall be securely and profitably invested as may be by law directed. The state shall supply all losses thereof that may in any manner occur. 4. County treasurer collect and disburse — warrants. Each county treasurer shall" collect all school funds belonging to his county, and the several school districts therein, and disburse the same to the proper districts upon warrants drawn by the county superintendent or by the proper district authorities, as may be provided by law. STATE OK COLORADO 11 5. School fund — of what consists. The public school fund of the state shall consist of the proceeds of snch lands as have heretofore been, or may hereafter be, granted to the state by the general government for educational purposes; all estates that may escheat to the state ; also all other grants, gifts or devises that may be made to this state for educational purposes. 6. County superintendent — commissioner of lands. There shall be a count}^ superintendent of schools in each county, whose term of office shall be tAvo years, and whose duties, qualifications and compensation shall be prescribed by law. He shall be ex officio commissioner of lands within his county, and shall dis- charge the duties of said office under the direction of the state board of land commissioners, as directed by law. 7. Aid to sectarian schools and churches forbidden. Neither the general assembly, nor any county, city, town, township, school district, or other public corporation, shall ever make any appro- priation, or pay from any public fund or moneys whatever, any- thing in aid of any church or sectarian societj^, or for any sec- tarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific insti- tution, controlled by any church or sectarian denomination what- soever ; nor shall any grant or donation of land, money, or other personal property, ever be made by the state, or any such public corporation, to any church, or for any sectarian purpose. 8. Religious test forbidden — sectarian tenets — race, color. No religious test or qualification shall ever be required of any person as a condition of admission into any public.educational in- stitution of the state, either as teacher or student ; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. Note. See §355. 11. Compulsory education. The general assembly may re- quire, by law, that every child of sufficient mental and physical ability, shall attend the public school, during the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means. Note. See Kindergarten Act, § 233. 12 ANNOTATED SCHOOL LAWS 12. University — regents — election. There shall be elected by the qualified electors of the state, at the first general election under this constitution, six regents of the university, who shall immediately after their election be so classified, by lot, that two shall hold their office for the term of two years, two for four years, and two for six years ; and every two years after the first election there shall be elected two regents of the university, whose term of office shall be six years. The regents thus elected, and their successors, shall constitute a body corporate, to be known by the name and style of "The Regents of the University of Colorado." Note. See generally state educational institutions. 13. Reg-ents elect president — powers. The regents of the university shall, at their first meeting, or as soon thereafter as practicable, elect a president of the university, who shall hold his office until removed by the board of regents for cause ; he shall be ex officio a member of the board, with the privilege of speaking, but not of voting, except in cases of a tie ; he shall preside at the meetings of the board, and be the principal executive officer of the university, and a member of the faculty thereof. 14. Regents control university — funds. The board of regents shall have the general supervision of the university, and the exclusive control and direction of all funds of, and appropriations to the university. 15. School districts — board of education. The general as- sembly shall, by law, provide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors, to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts. 16. Text books — general assembly nor board shall prescribe. Neither the general assembly nor the state board of education shall have power to prescribe text books to be used in the public schools. ARTICLE X REVENUE # # * # # * # 5. Exemption — lots^ — buildings for worship — schools. Lots, with the buildings thereon, if said buildings are used solely and exclusively for religious worship, for schools, or for strictly ehari- STATE OF COLORADO 13 table purposes, also cemeteries not used or held for private or corporate profit, shall be exempt from taxation, unless otherwise provided by general lav^^. ******* 10. Corporations subject to tax. All corporations in the state, or doing business therein, shall be subject to taxation for state, county, school, municipal and other purposes, on the real and personal property owned or used by them within the terri- torial limits of the authority levying the tax. 13. Making profits on public money felony. The making of profit, directly or indirectly, out of state, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. ARTICLE XI PUBLIC INDEBTEDNESS 1. Lending or pledging credit forbidden. Neither the state, nor any county, city, town, township or school district, shall lend or pledge the credit or faith thereof, directly or indirectly, in any manner to or in aid of, any person, company or corporation, public or private, for any amount or for any purpose whatever, or become responsible for any debt, contract or liability of any person, company or corporation, public or private, in or out of the state. 2. Aid to corporations — interest in — forbidden except. Neither the state nor any county, city, town, township or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in, any corporation or com- pany, or a joint owner with any person, company or corporation, public or private, in or out of the state, except as to such owner- ship as may accrue to the state by escheat or by forfeiture, by operation or provision of law ; and except as to such ownership as may accrue to the state, or to any county, city, town, township or school district, or to either or any of them, jointly with any person, company or corporation, by forfeiture or sale of real estate for non-payment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties or forfeiture of recognizance, breach of condition 14 ANNOTATED SCHOOL LAWS of official bond, or of bond to secure public moneys, or the per- formance of any contract in which they or any of them may be jointly or severally interested. 7. Loans for school buildings — vote — qualification. No debt by loan in any form shall be contracted by any school district for the purpose of erecting and furnishing school buildings, or purchasing grounds, unless the proposition to create such debt shall first be submitted to such qualified electors of the district as shall have paid a school tax therein, in the year next preceding such election, and a majority of those voting thereon shall vote in favor of incurring such debt. ARTICLE XII OFFICERS 4. Embezzlement disqualifies from office. No person here- after convicted of embezzlement of public moneys, bribery, per- jury, solicitation of bribery, or subornation of perjury, shall be eligible to the general assembly, or capable of holding any office of trust or profit in this state. * * * * • * * * 8. Civil officers — oath. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he is about to enter. 9. Oaths, where filed — with whom. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected. 10. Refusal to qualify — vacancy. If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant. 11. Vacancy — term of officer elected to fill. The term of office of any officer elected to fill a vacancy shall terminate at the expiration of the term during which the vacancy occurred. STATE OF COLORADO 15 12. Duel — challeng-e — disqualifies for oflfice. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challenge therefor, or agree to go out of the state to fight a duel, shall hold any office in the state. ARTICLE XIV COUNTIES ******* 8. County superintendent, etc. — election. There shall be elected in each county at the same time at which members of the general assembly are elected, commencing in the year nineteen hundred and four, one county clerk, who shall be ex officio re- corder of deeds and clerk of the board of county commissioners ; one sheriff; one coroner; one treasurer, who shall be collector of taxes; one county superintendent of schools ; one county surveyor; one county assessor ; and one county attorney, who may be elected, or appointed, as shall be provided by law; and such officers shall be paid such salary or compensation, either from the fees, per- quisites and emoluments of their respective offices, or from the general county fund, as may be provided by law. The term of office of all such officials that expire in January, 1904, is hereby extended to the second Tuesday in January, A. D. 1905. 9. Vacancies — how filled. In case of a vacancy occurring in the office of county commissioner, the governor shall fill the same by appointment ; and in the case of a vacancy in any other county office, or in any precinct office, the board of county commissioners shall fill the same by appointment ; and the person appointed shall hold the office until the next general election, or until the vacancy be filled by election according to law. 10. Elector only eligible. No person shall be eligible to any county office unless he be a qualified elector; nor unless he shall have resided in the county one year preceding his election. 15. Classifying counties as to fees. For the purpose of pro- viding for and regulating the compensation of county and pre- cinct officers the general assembly shall by law classify the several counties of the state according to population, and shall grade and fix the compensation of the officers within the respective classes according to the population thereof. Such law shall establish scales of fees to be charged and collected by such of the county and precinct officers as may be designated therein for services to 16 ANNOTATED SCHOOL LAWS be performed by them respectively; and where salaries are pro- vided, the same shall be payable only out of the fees actually collected in all cases where fees are prescribed. All fees, per- quisites and emoluments above the amount of such salaries .shall be paid into the county treasury. STATE OF COLORADO 17 School Laws Annotated ALCOHOLIC DRINKS AND NARCOTICS 1. Nature and effect of alcoholic drinks and narcotics be taught. That the nature of alcoholic drinks and narcotics, and special instructions as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the public schools of the state, and shall be studied and taught as thoroughly, and in the same manner as other like required branches are in said schools, by the use of text books, designated by the board of directors of the respective school districts, in the hands of pupils where other branches are thus studied, in said schools, and by all pupils in all said schools throughout the state. —R. 8. 6011 Note. The state board of health shall, from time to time, recommend standard works on the subject of hygiene for the use of the schools of the state.— R. S. 5010. 2. Officers enforce provisions of act — penalty for failure. That it shall be the duty of the proper officers in control of any school, described in the foregoing section to enforce the provi- sions of this act ; and any such officer, school director, committee, superintendent or teacher, who shall refuse, fail or neglect to com- ply with the requirements of this act, or shall neglect, refuse or fail to make proper provisions for the instruction required, and in the manner specified by the first section of this act, for all pupils in each and every school under his or her jurisdiction shall be re- moved from office, and the vacancy filled as in other cases. — R. S. 6012 Note. Vacancies, §111. CIGARETTES 3. Unlawful to give or sell cigarettes to persons under six- teen. It shall be unlawful for any person or persons to give or sell 18 ANNOTATED SCHOOL LAWS cigarettes to any person or persons under the age of sixteen years. —R. S. 600 TOBACCO 4. Penalty for giving or selling tobacco to persons under sixteen without written order. Any person who shall sell, give or furnish any tobacco, or articles made in whole or in part of tobacco to any child under 16 years of age without the written order of the father or guardian of such child, shall be fined not less than five dollars, nor more than one hundred dollars, or im- prisonment in the county jail not more than three months. — R. ^. 601 STATE OF COLORADO 19 APPEALS 5. From district board to county superintendent. Any per- son aggrieved by any decision or order of the district board of directors, in matter of law or fact, may, within thirty days after the rendition of such decision, or making of such order, appeal therefrom to the county superintendent of the proper county.- — R. S. 6000 6. Affidavit. The basis of the proceeding shall be an affidavit filed by the party aggrieved, with the county superintendent, within the time for taking the appeal. — R. 8. 6001 7. Contents of affidavit. The affidavit shall set forth the errors complained of in a plain and concise manner. — R. S. 6002 8. Superintendent notify secretary — transcript. The county superintendent shall, within five days after the filing of such affidavit in his office, notify the secretary of the proper district, in writing, of the taking of such appeal, and the latter shall, within ten days after being thus notified, file in the office of the county superintendent a complete transcript of the record and proceed- ings relating to the decision complained of, which shall be certified to be correct by the secretary. — R. S. 6003 9. Notice to parties. After the filing of the transcript, aforesaid, in his office, he shall notify, in writing, all persons adversely interested, of the time and place where the matter of the appeal will be heard by him. — R. S. 6004 10., • Hearing appeal — oaths. At the time thus fixed for hearing, he shall hear testimony for either party, and for that purpose may administer oaths, if necessary, and he shall make such decision as may be just and equitable, which shall be final, unless appealed from, as hereinafter provided. — R. S. 6005 11. Appeal from county superintendent to state board of education. Any person or district board aggrieved by any de- cision or order of the county superintendent in a matter of law or fact, may, within thirty days after the rendition of such de- cision or making of such order, appeal therefrom to the state board of education, in the same manner as provided in this act for taking appeal from the district board to the county superin- tendent as nearly as applicable. In case of an appeal, where a trial has been had before the county superintendent and a de- 20 ANNOTATED SCHOOL LAWS cision rendered, the state board of education shall examine a tran- script of such proceeding and render a decision therefrom, but no new testimony shall be admitted. In other cases of appeal the said board may require of the parties such papers and docu- ments as may be thought necessary, they may issue subpoenas and compel witnesses to attend and testify, and the said board shall have the power to administer oaths through its president. The decision of said board, or a majority of said board, shall be rendered by the president, and such decision, when made, shall be final. When an applicant for a certificate at a regular exam- ination shall feel aggrieved at the decision of the county superin- tendent, and shall appeal to the state board of education the questions used and answers given shall be examined by the said board, and if the decision of the county superintendent be re- versed, the state board of education shall issue to the appellant a certificate of such grade as the answers shall warrant ; Provided, That a good moral character and success as a teacher be shown. — R. S. 6006 12. No judg-ment for money. Nothing in this act shall be so construed as to authorize either the county superintendent or the state board to render a judgment for money ; neither shall they be allowed any other compensation than is allowed by law. All necessary postage must first be paid by the party aggrieved. — R. S. 6007 STATE OF COLORADO 21 BONDS SCHOOL DISTRICT BONDS 13. Submitting question of contracting bonded indebtedness. The board of directors of any school district may submit at any regular or special election called for the purpose, to such qualified electors of the district as shall have paid a school tax therein in the year next preceding such election the question of contracting a bonded indebtedness for the purpose of erecting and furnishing school buildings or purchasing ground, or for funding floating debts.— /S'. L. '09, p. 494 14. Amount of bonded indebtedness first determined by board. The amount of the bonded indebtedness proposed to be contracted shall, prior to such submission to said electors, be determined by said board of directors but in no event shall the aggregate amount of bonded indebtedness of any school district of the first or second class exceed five per centum or of any school district of the third class three and one-half per centum of the assessed value of the property in such district for the year next preceding the date of said bonds. — /S*. L. '09, p. 494 14b. All statutory rates making provisions for fixing the limit of indebtedness are hereby decreased, in the same propor- tion as the assessed valuation of the taxing districts to which they apply is increased-; provided, however, that all such statutory rates affecting school districts shall not be so decreased but all limitations upon the amount of indebtedness of any school dis- trict to which such limitations apply, shall be computed upon seventy per cent (70%) of the assessed valuation of such school district, instead of being computed upon the full assessed valua- tion as provided in the statutes fixing such limitations. Except as herein otherwise provided, all statutory rates making provision for the revenue of the State and for state insti- tutions, schools, towns, cities and for all other purposes (except to provide for the payment of school district bonds and interest thereon) are hereby so reduced as to prohibit the levying of a greater amount of revenue on the assessed value of the year 1913, than was levied for the year 1912, plus fifteen per cent (15%). For each year after 1913 the tax rate shall be so limited as not to levy a greater amount of revenue than was levied the preceding year plus five per cent (5%). 22 ANNOTATED SCHOOL LAWS Except as herein otherwise provided, the exercise of the tax- ing power by the General Assembly and by every taxing body to which authority has been delegated by the General Assembly to exercise the power of taxation, is hereby limited (except to pro- vide for the payment of school district bonds and interest thereon) so as to prohibit the levying of a greater amount of revenue on the assessed valuation of 1913 than was levied on the assessed value of 1912, or the last preceding year when a levy was made, plus fifteen per cent (15%), For each year after 1913, the authority of all taxing bodies (except school districts in providing for the payment of school district bonds and interest thereon) shall be so limited as to pro- hibit the levying of a greater amount of revenue than was levied the preceding year, plus five per cent (5%). — S. L. '15 15. Notices of election posted. Notices of said election shall be posted in at least three public places in the district, and at each polling place at least twenty days before said election, and, if a newspaper is published in said district, said notice shall also be published therein once a week for four consecutive weeks next preceding such election. Said notice shall specify the purpose of said election, the date and the voting place or places, and the time during which the ballot box or boxes shall be kept open, not less however than three hours. — S. L. '09, p. 494 16. Number of voting places. In districts of the first class the school board may order more than one voting place in the district, fix the voting places and the limits of the voting pre- cincts. The president, secretary and treasurer of the district school board may act as judges of the election or said board may ap- point three judges and the necessary clerks for each election precinct in said district and should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy. — S. L. '09, p. 495 17. Form of ballot. Each elector voting at said election shall deposit in the ballot box a ballot whereon shall be printed or written the w^ords "For the bonds" and the words "Against the bonds," and shall indicate his approval or disapproval of the proposition submitted by placing a cross (X) opposite the group of words on his ballot which expresses his choice. — S. L. '09, p. 495 18. Any person may be challenged by qualified elector. Any person offering to vote at said election may be challenged by any STATE OF COLORADO 23 legally qualified elector of the district and any one of the judges of election shall thereupon administer to the person challenged an oath as follows : "You do swear (or affirm) that you are a citizen of the United States ; that you have resided in the state of Colorado twelve mouths immediately preceding this election ; that you are twenty-one years of age ; that you have resided in this district thirty days next preceding this election and that you have paid a school tax within this school district in the year next pre- ceding this election ; and that you have not voted at this election, so help you God (or under the pains and penalties of perjury)." If he shall refuse to take such oath or affirmation his vote shall be rejected. The judges may, however, reject the vote of any person offering to vote if in their judgment said voter is not qualified according to law, whether said voter takes said oath or not.— aS'. L. '09, p. 495 19. Returns certified immediately after polls close. Imme- diately after the close of the polls the judges in each voting precinct shall open the ballot box and count the ballots and promptly thereafter certify the result to the board of directors of the district. Said board shall, promptly after receiving said returns, open them, canvass the vote, and determine the result of the election, and said determination shall be entered in the minutes of the meeting of said board. — S. L. '09, p. 496 20. Coupon bonds issued — when payable. If it shall appear that a majority of all the votes cast are "For the bonds" the board of directors, as soon as practicable, shall issue coupon bonds of the district in denominations of $100, $500 or $1,000, or all or either of such denominations or any combination of said denom- inations as circumstances may require, bearing interest at not exceeding eight per cent, per annum in districts of the third class and not exceeding six per cent, per annum in districts of the first and second classes, payable semi-annually, and redeemable at the pleasure of the district at any time after a date to be fixed by said board not less than ten or more than twenty years after date, and payable at a date to be fixed by said board not less than twenty nor more than forty years from date, the principal and interest payable at the office of the treasurer of the county in which said district or the greater part thereof may be situated, and said board also may make either the principal or interest or both payable at some banking house in either the cities of 24 ANNOTATED SCHOOL LAWS New York or Boston or Chicago, at the option of the holder. — S. L. '09, p. 496 21. Bonds payable to bearer — how signed. The bonds issued under the provisions of this act shall be payable to bearer. The board of directors of the district is authorized to prescribe the form of such bonds and the coupons thereto. Said bonds shall recite the title of the act under which they are issued, shall be signed by the president of the board of directors, countersigned by the county treasurer and bear the seal of the district and the coupons thereto annexed shall be signed by the president of the school board, by original or engraved signature. — S. L. '09, p. 496 22. County commissioners assess tax for payment — how paid. Whenever any school district shall issue bonds under the pro- visions of this act, it shall be the duty of the board of county commissioners of the county in which said district may be situated to levy and assess a tax on the taxable property of said district in amount sufficient to pay the interest coupons, when the same shall become due, according to their tenor and effect, and the county treasurer shall collect the same as other taxes are col- lected, in cash only, keeping the same separate from other funds received by him ; and if there shall be any surplus after paying the coupons and the expense of collecting such tax, the treasurer shall, without delay, pass the same to the credit of such school district, and such fund so passed to the credit of the district shall be subject to the disposal of the board of directors. In the calendar year next preceding the date fixed by said board after which said bonds are redeemable and annually thereafter, until the full payment of said bonds, the said board of county com- missioners shall provide by taxation and shall collect such a per centum of the principal of said bonds as will, in equal annual installments, be sufficient to redeem all of said bonds by the time they mature ; which amount shall be assessed and collected the same as the tax for the payment of the interest coupons, and when collected shall be turned over to the treasurer of such school district, such money to be used only in the payment of such bonds in their numerical order beginning with bond number one, in the manner as follows : The treasurer of such school dis- trict, immediately after receiving the money as aforesaid, shall advertise in some newspaper published in his county, if there be any, and if not, in the newspaper published nearest the county seat of said county, once a week for four consecutive weeks, that STATE OP COLORADO 25 on a certain day named in the advertisement, he will pay certain of the district bonds, said bonds to be described in the advertisement by number and amount and date of issue and the advertisement shall further state that after the day so fixed for payment the interest on the bonds described as aforesaid shall cease and de- termine. And after the day of payment fixed in said published notice the bonds so called shall cease to draw interest. The said payment shall be made at the office and in the presence of the treasurer of the county, who shall cancel the bonds redeemed, and a minute of such cancellation shall be made on the books of the county treasurer, after which they shall be at the disposal of the district board.— ^. L. '09, p. 496 23. Board keep record — auditor register bonds. Whenever the board 'of directors of any school district shall issue bonds under the provisions of this act, they shall enter in and upon the records of such board an order requesting the county clerk and recorder of the county, wherein such school district is situate, to register the bonds in a book to be kept by him for that purpose, and when so registered, the legality thereof shall not be open to contest by such district or any person or corporation on behalf of such district for any reason whatever ; and a certified copy of the order of the board so made and entered of record shall be fur- nished said county clerk and recorder by said board of directors, and thereupon it shall be his duty to register said bonds, noting the name of the district and the amount, date of issuance and maturity and rate of interest of said bonds, and he shall receive a fee of ten cents for registering each bond." The auditor of state shall prepare aud deliver to each and every county clerk and recorder, whose county has within it any school districts which have issued bonds and registered the same with such auditor, a certified copy of his records showing such registration; and such clerk and recorder shall file such copy in his office whereupon the force and effect thereof shall be the same as though the bonds had been originally registered in said office. — ASf. L. '15 24. Districts in city under special charter. In all school .districts which lie entirely within the exterior boundaries of any city operating under a special charter adopted under the pro- visions of article XX, of the constitution, no person shall be per- mitted to vote at any election called under the provisions of this act unless such person shall first have been registered as herein- after provided.— Sf. L. '09, p. 498 26 ANNOTATED SCHOOL LAWS 25. No new registration required. For all such elections in the districts mentioned in section 1-3 no new registration shall be required, except as hereinafter provided, but any qualified elector of any such district whose name is on the registration books used at the then last preceding general election, whether county or municipal, and who resides within the district and still resides at the place designated in his said registration, shall be deemed properly registered for any such election; and additional regis- tration and changes in registration may be made as hereinafter provided.— ;S'. L. '09, p. 498 Note. Section 13 referred to is section 24 herein. 26. Registration books furnished by county clerk. On the fourteenth day preceding any such election to be held, the county clerk of the proper county shall deliver to the registration com- mittee of each election precinct the original book of registration for that precinct as prepared and completed for the then next preceding general election, whether county or municipal, and on the tenth day preceding the election thus to be held, or if that day be a legal holiday or a Sunday, then on the succeeding day, the registration committee for each precinct shall sit from nine o'clock a. m. until nine o'clock p. m., at some suitable place to be provided by the county commissioners and centrally located within the precinct as far as practicable, and shall place on the said book of registration, next after the names already thereon, the names of all qualified electors of the district residing in that precinct who are not registered and who shall present themselves for registration and comply with the requirements prescribed by the general registration laws of this state. — 8. L. '09, p. 498 27. Elector removing from precinct — how register. Any qualified elector whose name appears upon any such book of registration, but who has removed from the precinct in which he is registered to some other precinct within such district, may appear before the county clerk at any time within five days prior to any such election, and upon making oath in writing as to his then present residence, said county clerk shall draw a red line through the registration of such person, making a note as follows : "Changed 19 , to precinct , ward , " inserting the date and number of the precinct and ward therein, and shall register in red ink such person in the book of registration for the precinct in which such person then resides ; and a change of resi- STATE OF COLORADO 27 dence within the same precinct may be made in like manner. The county clerk or deputy making such a change shall sign his name in the column provided for the signatures of the registration committee, and the person so registered shall also sign- his name as in the case of an original registration. — S. L. '09, p. 499 28. Registration books — where kept. Immediately after com- pleting such registration said registration committee shall deliver the original book of registration to the county clerk, who shall retain the same until the day prior to the election, when he shall deliver the same to the judges of election selected by said board of directors for their use at such election, properly certified, but the county clerk shall not, for any such election, make and furnsh any copy of such registration list at public expense, nor shall he make any charge for delivering said original books of registration as required herein ; but his compensation for all other matters hereby required shall be as fixed by the registration laws of this state.— ^. L. '09, p. 499 29. Petition for purging lists. At any time prior to the delivery of the original book of registration to the registration committee of the precinct, as herein provided, a petition for purging the list may be filed as to the registration list appearing therein, and at any time prior to the seventh day before election a petition may be filed for purging the list of additional registra- tions made as herein provided, which petition and the procedure and relief thereunder shall be the same, as near as may be, as pro- vided in the registration laws of this state. And the registration and election laws of this state shall govern in all matters con- nected with the making of said registration except as herein otherwise provided. — S. L. '09, p. 500 30. Repealing clause — proceedings under repealed acts. Sections 5942, 5943, 5944 and 5945 of the Revised Statutes of Colorado, 1908, and all other acts and parts of acts inconsistent herewith are hereby repealed ; Provided, That the repeal of said acts and parts of acts shall in no wise affect any bonds issued thereunder. Any and all proceedings heretofore had or which are now being had or carried forward, under the acts hereby repealed or any, all or either of them, may be carried forward, completed or consummated under this act and bonds contemplated by such procedure may be issued in the form and with the terms and according to the provisions of this act. — aS^. L. '11, p. 582 28 ANNOTATED SCHOOL LAWS 31. Redemption of bonds — premium. In all districts that have issued bonds under the provisions of the laws of the terri- tory of Colorado, the treasurer of the district, immediately after receiving the annual installment of the funds for the redemption of said bonds, as provided in section 91, shall go into the market and, at the lowest price for which he can obtain such bonds, shall use such funds in the retiring of such bonds to the extent of such fund; Provided, That the said treasurer shall not pay more tban five per cent, premium on any bonds of his district, and any balance of said funds remaining in the hands of said treasurer shall be invested, as nearly as possible, in United States bonds or state bonds of Colorado. — R. S. 5946 Note. Section 91 above referred to is section 22 herein. 32. U. S. and state bonds purchased by district treasurer — how kept — proceeds — sale. All United States or state bonds which may come into the hands of any district treasurer, under the provisions of this act, shall be duly recorded in the books of the district, and deposited in the safety vault of some bank within the state, selected by the district board. The interest coupons of said bonds shall be duly collected by the district treasurer, and the proceeds turned over to the county treasurer, to be used in the payment of the interest coupons of the bonds of such district, and the annual tax for the payment of the interest on said district bonds shall be proportionately lessened. Said United States or state bonds shall be sold by the district board at the best market rates, and the proceeds thereof used to redeem the bonds of the district when the same become due or when they can be bought at not to exceed five per cent, premium. — R. S. 5947 33. Changfe of boundaries not release property — annexed property. No change in the boundary lines of such school district shall release the taxable real estate of the district from assessment and levy of taxes to pay the interest and principal of such bonds, and if there shall be any change of the lines of such school dis- trict, so as to leave any portion of the taxable real estate of the district out of the district, which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy for principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the lines of such school district, so as to annex any taxable real estate, after the issue of such bonds, the real estate so annexed shall thereafter be subject to the assess- STATE OP COLORADO 29 ment and levy for principal and interest of such bonds. — R, S. 5948 34. County treasurer's fees. The treasurer of the county shall receive the same compensation for the collection of such special taxes as he does for other school taxes. — R. S. 5949 Note. See Revised Statutes for per cent, of compensation. 35. Refunding bonds — when issued — interest — redemption. That when the bonded indebtedness of any school district in this state has matured, or may hereafter mature, or has or may here- after become redeemable at the pleasure of the district, and there shall not be funds in the treasury of such school district available for that purpose with which to redeem or pay such bonds, it shall be lawful for the board of directors of such school district to issue and sell new bonds, equal to the sum necessary and not otherwise provided for the payment of the bonds then matured or those then redeemable at the pleasure of such school district, and such bonds thus issued shall not be sold at a less price than their par value ; Provided, It shall be lawful for the board of directors of any school district having a bonded indebtedness, to refund the same, at any time, with the consent of the bond owners, in bonds bearing a less rate of interest than the bonds so refunded and running for a longer time, which said bonds thus issued shall be exchanged at not less than par for the bonds outstanding. Provided, further, That all bonds issued under this section shall bear interest at such rate as said school board may deter- mine, not to exceed 8 per cent, per annum, and shall be redeem- able at the pleasure of the district board, in not to exceed ten years and payable lin not to exceed twenty years from the date thereof, and the date after which said bonds are redeemable shall be plainly written or printed on the face thereof. — R. S. 5950 36. What laws apply to issue and payment — except. All the provisions of the laws of the state of Colorado, now existing, relating to the duties of district and county officers in the issue and paj^ment of district bonds, and relating to the assessment and collection of taxes for the payment of the interest and principal of school district bonds, shall be held to apply equally and in like manner to all matters pertaining to the issue and payment of bonds issued under the provisions of this act, except that the time when taxes shall be levied and collected for the payment of the principal of said bonds shall be as hereinafter provided. — R. S. 5951 30 ANNOTATED SCHOOL LAWS 37. County commissioners levy tax — treasurer collect. At the time provided by law for the levying of county taxes in the year next preceding the date at which the first installment of said bonds shall mature, and every year thereafter until the whole amount of said bonds shall be redeemed, the board of county commissioners of any county in which bonds shall have been issued under the provisions of this act, shall levy a tax sufficient to pay not less than ten per centum nor more than twenty per centum of the principal of said bonds, and the county treasurer shall collect the same as other taxes are collected, and shall pay the amount so collected to the district treasurer as is now pro- vided by law.— i2. 8. 5952 38. Proviso — submission for refunding" — against refunding. Provided, however, That no bonds shall be issued under the pro- visions of this act until the question of refunding shall first have been submitted to, and approved by, the qualified voters of the district as is now or may be provided by law, except that the electors shall vote "for refunding," or "against refunding," instead of "for the bonds," or "against the bonds." — R. 8. 5953 COUNTY HIGH SCHOOL BONDS 39. Notice of bond election given upon petition. On the petition of fifty voters having the qualifications hereinafter pre- scribed, of any high school district, the county superintendent of public schools and ex officio secretary of said district shall give notice, not less than twenty days before any regular meeting now or which may hereafter be provided by law, for electing members of school boards in the respective districts of the state, or special meeting held under the provisions of this act, that the question of contracting a bonded debt^ for the purpose of erecting and fur- nishing high school buildings, or purchasing ground, or for fund- ing floating debts, will be submitted to such qualified voters of the high school district as have paid a school tax therein in the year next preceding said meeting. Notice of such meeting shall be given and such meeting shall be held and conducted and the returns thereof made and the result declared in the manner as nearly as may be as is by this act provided for the organization of high school districts. Any person offering to vote at such meeting in the respective public school districts of the high school district, may be challenged by any legally qualified elector of the district and any one of the judges of election shall thereupon administer to the person challenged, an oath as follows: '< STATE OF COLORADO 31 "You do swear (or affirm) that you are a citizen of the United States ; that you have resided in the state of Colorado one year immediately preceding this election ; that you are twenty- one years of age ; that you have resided in this district thirty days next preceding this election, and that you have paid a school tax within this school district in the year next preceding this election, and that you have not voted at this election, so help you God (or under the pains and penalties of perjury)." If he shall refuse to take such oath or affirmation, his vote shall be rejected. The high school committee of any such high school district shall first agree, and certify the amount of indebt- edness to be created, if any. In no case shall the aggregate amount of bonded indebtedness of any high school district for high school purposes, exceed two per cent, of the assessed value of the property of such high school district. At such election a separate ballot box for this purpose shall be provided and the qualified electors shall vote by ballot "For high school bonds" or "Against high school bonds." If it shall appear from the final record of the county superintendent that a majority of all the votes cast are for the high school bonds, the high school com- mittee, as soon as practicable thereafter, shall issue coupon bonds of the high school district, bearing interest not exceeding six per cent, per annum, payable semi-annuallj^ and redeemable at the pleasure of the high school district at any time after a date to be fixed by said high school committee not less than ten years after date, and to be absolutely due and payable at a date to be fixed by said high school committee not less than twenty nor more than forty years from date, the principal and interest payable at the office of the treasurer of the county in which said high school district may be situate, or the interest may be payable in the city of New York, at the option of the holders thereof, and the can- celed coupons shall be at the disposal of the high school com- mittee. All such bonds so issued shall be signed by the president of the high school committee, and shall have the seal of the high school district attached, attested by the secretary and shall be countersigned by the county treasurer, and the coupons thereto annexed shall be signed by the president of the high school com- mittee by original or engraved signature. — S. L. '09, p. 404 40. Bonds to be registered by county clerk. Whenever any high school district shall issue bonds under the provisions of this act, all such bonds shall, previous to being negotiable, 'be pre- sented to the recorder of the county, to be duly registered by 32 ANNOTATED SCHOOL LAWS him in a book kept for that purpose in his office, noting the amount, time of payment and rate of interest, and all such bonds shall state on their face that they are issued under the provisions of this act.— /Sf. L. '09, p. 405 41. Commissioners levy tax for principal and interest — how paid — surplus. Whenever any high school district shall issue bonds under the provisions of this act, it shall be the duty of the board of commissioners of the county in which said district may be situated, to levy and assess a special tax on all the taxable property of such high school district, in amounts sufficient to pay the interest coupons thereon, when the same shall become due,, according to their tenor and effect, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him ; and if there shall be any surplus after paying the coupons and the expenses of collecting such special tax, the treasurer shall without delay pass the same to the credit of such high school district, and such fund so passed to the credit of such district shall be subject to the disposal of the high school committee. And in the calendar year next preceding the date fixed by said high school committee after which said bonds are redeemable and annually thereafter, until the full payment of said bonds, the said county commis- sioners shall provide by taxation and shall collect such a per centum of the principal of said bonds as will, in equal annual installments, be sufficient to redeem all of said bonds by the time they mature, which amount shall be assessed and collected the same as the tax for the payment of the interest coupons, and when collected shall be turned over to the treasurer of such high school district, such money to be used only in the payment of such bonds, in the manner as follows : The treasurer of such high school district, immediately after receiving the money as aforesaid, shall advertise in some news- paper published in his county, if there be any, for four successive weeks, that on a certain day named in the advertisement, he will pay certain of the high school district bonds, said bonds to be described in the advertisement by number and amount, and the advertisement shall further state that after the day so fixed for payment, the interest on the bonds described as aforesaid, shall cease and determine. The said payment shall be made at the office and in the presence of the treasurer of the county, who shall cancel the bonds redeemed, and a minute of such cancellation shall be made on the books of the county recorder, after which STATE OF COLORADO 33 they shall be at the disposal of the high school committee. — ;S. L. '09, p. 405 42. Bonds redeemed — g"o in open market. In all high school districts that may issue bonds under the provisions hereof, the treasurer of such district, immediately after receiving the annual installment of the fund for the redemption of said bonds, as pro- vided in the foregoing section hereof, shall go into the market and at the lowest possible price for which he can obtain such bonds, shall use such fund in the retiring of such bonds to the extent of such fund.— ;Sf. L. '09, p. 406 43. Change in boundary not release taxable property. No change in the boundary lines of such high school district shall release the taxable real estate of the district from assessment and levy of taxes to pay the interest and principal of such bonds, and if there shall be any change of the lines of such high school dis- trict, so as to leave any portion of the taxable real estate of the district out of such district, which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy for principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the lines of such high school district, so as to annex any taxable real estate after the issue of such bonds, the real estate so annexed shall thereafter be subject to the assessment and levy for principal and interest of such bonds. — 8. L. '09, p. 407 44. Compensation of county treasurer. The treasurer of the county shall receive the same compensation for the collection of such special taxes as he does for other school taxes.- — aS'. L. '09, p. 407 45. Special meetings — purpose^ — notice. In any high school district the high school committee may at any time call a special meeting of the electors of such district for any of the purposes specified in this act, and the notice of such special meetings shall be given and such special meeting shall be held and the result thereof declared, in the same manner as nearly as may be as is provided by this act in the case of meetings for the organization of high school districts. — 8. L. '09, p. 407 46. What high school districts subject to this act — no dis- trict obliged to maintain two high schools. All high school dis- tricts organized and now existing under the provisions of chapter 100 of the Session Laws of Colorado, 1899, being "An act to pro- vide for the establishment and support of high schools in counties (2) 34 ANNOTATED SCHOOL LAWS of the fourth and fifth classes," approved April 8th, 1899, or under chapter 219 of the Session Laws of Colorado, 1907, being "An act to amend an act entitled an act to provide for the establish- ment and support of high schools in counties of the fourth and fifth classes," approved April 9th, 1907, are hereby declared to be duly organized high school districts under the provisions of this act, and entitled to enjoy all the privileges and exercise all of the powers conferred by this act, and shall hereafter be subject to the provisions of this act ; Provided, That no school district in any county shall be taxed without its consent for the support of more than one class or kind of high school, the establishment of which is authorized by law; and in voting on the organization of a county high school district under the provisions of this act, any school district then maintaining a high school or any school districts then organized into a union high school district and main- taining therein a union high school may by voting against the organization of a county high school district be excluded from such county high school district; but if any school district main- taining a high school or districts maintaining a union high school shall, under the provisions of this section vote against the organi- zation of a county high school district, the ballots cast in such district or districts shall be considered only upon the question of exclusion and shall not be considered in determining the final result upon the question of organizing a county high school dis- trict. And providing further that any school district maintaining a high school, or any districts organized into a union high school district and maintaining therein a union high school, may abandon such high school organization and organize under the provisions of this act.— S*. L. '09, p. 407 STATE OP COLORADO 35 CERTIFICATES Note. For state, college and other diplomas, see general heading "Diplomas." 47. Grades of certificates — ^renewals — record. The certifi- cates issued by the county superintendent shall be of three grades, distinguished as first, second and third. The first grade certificate shall be valid for three years and may be renewed by the county superintendent of the county in which it was issued; the second grade certificate shall be valid for eighteen months ; the third grade certificate shall be valid for nine months ; Provided, how- ever, That not more than two certificates of the same grade (third grade) shall be issued to the same person. A county superin- tendent may, upon the application of a teacher holding a first grade certificate, received at a regular examination in another county in the state, and in full force at the time, issue to said teacher a certificate of like grade ; Provided, That such certificate shall not show the standing in each branch, nor be subject to re- newal, but shall show the conditions upon which it is issued. And he may revoke certificates of any grade at any time, for immo- rality, incompetency or other just cause. It shall be deemed a violation of law to grant certificates of any of the above grades, except one of like grade, without requiring the applicant to pass a thorough and satisfactory examination in such branches and at such times as are specified in section 15 of this act; and in all such examinations the questions prepared by the superintendent of public instruction shall be used. In case a certificate is revoked or refused by the county superintendent, the right of appeal to the state board of education shall not be denied the teacher or applicant, if said appeal be taken within thirty days from date of notice of such revocation or refusal. The county superintend- ent shall keep an official record in a suitable book of the persons so examined, containing the names, age, nativity, date of exam- ination and grade of certificate issued; he shall also retain for three months the written answers of all applicants at the regular examinations and hold the same subject to the order of the state board of education; Provided, further. That in a school district of the first class the examination may be conducted by the school board of such district in such manner and at such times as the 36 ANNOTATED SCHOOL LAWS board may determine, who shall have power to issue district cer- tificates of the same grades and under the same conditions as are specified in sections 15 and 16 of this chapter; said certificates, however, shall be reported to the county superintendent, who shall keep a record of the same, and shall be valid only in the district where issued, such boards may, however, if they see fit, issue certificates without examinations to high school teachers who hold satisfactory evidence of adequate training for the work they are to do.— 7^. >S'. 5994 Note. Section 15 above referred to is section 149, and section 16 is section 47 herein. Note. Questions prepared by superintendent of public instruction, see section 374. Note. For teaching languages other than English and music and drawing, see section 388, decision one. STATE OP COLORADO 37 CHILDREN CHILD LABOR LAW 48. Employment of child under fourteen — exception. That no child under the age of fourteen years shall be employed, permitted or suffered to work at any gainable occupation in any theatre, concert hall or place of amusement where intoxicating liquors are sold, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or workshop, or as a messenger or driver therefor, within this state. That no child under the age of fourteen years shall be employed at any work performed for wages or other compensation, to whomsoever payable, during any portion of any month when the public schools of the town, township, village or city in which he or she resides, are in session, nor be employed in any work before the hour of seven o'clock in the morning, or after the hour of eight o'clock in the evening; provided, that no child shall be allowed to work more than eight hours in any one day. The general assembly of the state of Colorado does hereby declare that all occupations or employments in which children are forbidden to engage by the provisions of this act shall be and hereby are declared to be injurious or dangerous to health, life or limb. The employments or occupations permitted under this act, under the sections hereof providing for exemptions shall be con- sidered injurious or dangerous to health, life or limb, unless it shall appear from the evidence produced before the authorities permitted to grant such exemptions that, in their opinion, the injury or danger to health, life or limb, has been removed; pro- vided, also that where conditions are such as to justify granting a permit exempting children from the provisions of this act to take part in concerts and theatrical performances and where such permits have been granted the performances of such children shall be construed to be a part of their training and education. Nothing in this act shall be construed to prevent the employ- ment of children in any fruit orchard, garden, field or farm, pro- vided that any child under fourteen years of age engaging in such employment for persons other than their own parents must first secure a permit from the superintendent of schools in ac- 88 ANNOTATED SCHOOL LAWS cordance with the provisions of section fifteen of this act. The hours of work during each day, or in any week shall be in com- pliance with the provisions of this act as to the hours during any day or week when children may be employed. — S. L. '11, p. 232 Note. Section 15 above referred to is section 62 herein. 49. Exhibit of child under sixteen — exception. It shall bo unlawful for any person having the care, custody or control of any child under the age of sixteen years, or apparently under the age of sixteen years, to exhibit, use or employ such child as an actor or performer in any concert hall or room where intoxicating liquors are sold or given away, or in any variety theatre, or for any illegal, obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for any business, or in any place, situation or exhibition or vocation injurious to the morals or health, or dangerous to the life or limb of such child, or cause, procure or encourage such child to engage therein. Nothing in this section contained shall apply to or effect the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning the science or practice of music, or in the physical development of its body in any respect- able gymnasium or natatorium ; Provided, that any child may be permitted to take part in any concert or any theatrical exhibition that is being given for profit with the written consent of the authority provided by this act for the granting of permits to children for exemptions from the provisions of this act. Nothing in this act shall be construed to prevent children taking part in what are known as amateur entertainments or theatricals for charity or not for profit in schools, churches, set- tlement houses or boys' or girls' clubs. — S. L. '11, p. 233 50. Emplojnnent underground works under sixteen. It shall be unlawful for any person, firm or corporation to take, receive, hire or employ any child or children under sixteen years of age in any underground works or mine, in or about the surface workings thereof, or in any smelter, coke oven or to adjust any belt to any machinery, or to operate or assist in operating circular or band saws, wood-shapers, wood-jointers, planers, sand-paper or wood-polishing machinery, emery or polishing wheels used for polishing metal, wood-turning or boring machinery, stamping machines in sheet-metal and tinware manufacturing, stamping machines in washer and nut factories, operating corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating any passenger or freight elevators, steam boiler. STATE OF COLORADO 39 steam machinery or other steam generating apparatus, or auto- mobiles, wire or iron straightening machinery; nor shall they operate or assist in operating rolling mill machinery punches or shears, washing, grinding or mixing mill or calendary rolls in rubber manufacturing, nor shall they operate or assist in oper- ating laundry machinery, nor shall children be employed in any capacity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they be employed in any capacity whatever in the manufac- ture of goods for immoral purposes ; nor shall females under the age of sixteen years of age be employed in any capacity what- soever where such employment compels them to remain standing constantly. No female child under ten years of age, shall sell or be permitted or allowed to sell or distribute any newspapers, periodicals or other publication or any article of merchandise or to engage in or carry on any other business of occupation in the streets or alleys of any town or city. — S. L. '11, p. 234 51. Employer to keep register — school certificate. It shall be the duty of every person, firm or corporation, agent or man- ager of any firm or corporation employing minors over 14 years and under 16 years of age in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amusement, passenger or freight elevator, factory or workshop or as a messenger or driver there- for, within this state, to keep a register in said mercantile insti- tution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amusement, fac- tory or workshop in which said minors shall be employed or permitted or suffered to work^ in which register shall be recorded the name, age and place of residence of every child employed or suffered or permitted to work there, or as messenger or driver therefor, over the age of 14 and under the age of 16 years ; and it shall be unlawful for any person, firm or corporation agent or manager of any firm or corporation to hire or employ, or permit or suffer to work in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, any child under the age of 16 years and over 14 years of age, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling 40 ANNOTATED SCHOOL LAWS alley, factory or workshop, theatre, concert hall or place of amusement, an age and school certificate approved as hereinafter provided.— /S'. L. '11, p. 235 52. List of employed posted in work room. Every person, firm or corporation, agent or manager of a corporation employing or permitting or suffering to work five or more children under the age of 16 years and over the age of 14 in any mercantile institution, store, office, laundry, hotel, manufacturing establish- ment, factory or work-shop, shall post and keep posted in a con- spicuous place in every room in which such help is employed, or permitted or suffered to work, a list containing the name, age and place of residence of every person under the age of 16 years employed, permitted or suffered to work in such room. — S. L. '11, p. 235 53. Age and school certificate. No child permitted to be employed under this act shall be employed in any mercantile institution, store, office, hotel, laundry, manufacturing establish- ment, bowling alley, theatre, concert hall, or place of amusement, passenger or freight elevator, factory or work-shop, or as messen- ger or driver therefor, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amusement, factory or workshop, and accessible to the state factory inspector, assistant factory inspector or deputy factory inspector, an age and school certificate as hereinafter prescribed ; and unless there is kept on file and produced on demand of said inspectors of factories a complete and correct list of all the minors under the age of 16 years so employed who can- not read at sight and write legibly simple sentences, unless such child is attending night school as hereinafter provided. — S. L. '11, p. 286 54. Age and school certificate — ^how approved. An age and school certificate shall be approved only by the superintendent of schools or by a person authorized by him in writing; or where there is no superintendent of schools, by a person authorized by the school board; Provided, that the superintendent or principal of a parochial school shall have the right to approve an age and school certificate, and shall have the same rights and powers as the superintendent of public schools to administer the oaths herein provided for children attending parochial schools : Pro- vided further, that no member of a school board or other person authorized as aforesaid shall have authority to approve such cer- STATE OP COLORADO 41 tificates for any child then in or about to enter his own establish- ment, or the employment of a firm or corporation of which he is a member, officer or employe. The person approving these certifi- cates shall have authority to administer the oath provided herein, but no fee shall be charged therefor. It shall be the duty of the school board or local school authorities to designate a place (con- nected with their office, when practicable) where certificates shall be issued and recorded, and to establish and maintain the neces- sary records and clerical service for carrying out the provisions of this &Qt.—S. L. ni, p. 236. 55. Proof of age. An age and school certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism of such child, the register of birth of such child with a town or city clerk, or by the records of the public or parochial schools, that such child is of the age stated in the certificate : Provided, that in cases arising wherein the above proof is not obtainable, the parent or guardian of the child shall make oath before the juvenile or county court or any officer thereof as to the age of such child, and the court may issue to said child an age certificate as sworn to. — ^. L. '11, p. 237 56., Employment ticket. The age and school certificate of a child under 16 years of age shall not be approved and signed until he presents to the person authorized to approve and sign the same a school attendance certificate, as hereinafter prescribed, duly filled out and signed. A duplicate of such age and school certificate shall be filled out and shall be forwarded to the state factory inspector's office. Any explanatory matter may be printed with such certificate, in the discretion of the school board or superintendent of schools. The employment and the age and school certificates shall be separately printed and shall be filled out, signed and held or surrendered as indicated in the following forms : School Certificate. (Name of school.) (City or town and date.) This certifies (name of minor) of the th grade, can read and write legibly simple sentences. This also certifies that according to the records of this school, and in my belief, the said (name of minor) was born at (name of city or town), in (name 42 ANNOTATED SCHOOL LAWS of county), on the (date) and is now (number of years and months) old. (Name of parent or guardian.) (Residence.) (Signature of teacher) grade. (Name of principal.) Evening School Attendance Certificate. (Date.) This certifies that (name of minor) is registered in and regu- larly attends the evening school. This also certifies that according to the records of my school and in my belief the said (name of minor) was born at (name of city or town), on the day of (year), and is now (number of years and months) old. (Name of parent or guardian.) (Residence.) (Signature of teacher.) (Signature of principal.) Age and School Certificate. This certifies that I am (father, mother, guardian or custo- dian) of (name of minor), and that (he or she) was born at (name of town or city), in the (name of county, if known) and state and county of on the (day of birth and year of birth) and is now (number of years and months) old. (Signature of parent, guardian or custodian.) (City or town and date.) There personally appeared before me the above named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge. I hereby approve the foregoing certificate of (name of child) height (feet and inches), weight , complexion (fair or dark), hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certified. Owner of Certificate. This certificate belongs to (name of child in whose favor it is drawn) and is to be surrendered to (him or her) whenever (he or she) leaves the service of the corporation or employer holding the same; but if not claimed by said child within thirty days from such time it shall be returned to the STATE OP COLORADO 43 superintendent of schools, or where there is no superintendent of schools, to the school board. (Signature of person authorized to approve and sign, with official character authority) (town or city and date.) Illiteracy. In the case of a child who can not read at sight and write legibly, simple sentences, the certificate shall continue as follows: after the word sentences: "I hereby certify that (he or she) is regularly attending the (name of public or parochial evening school.) " This certificate shall continue in force just as long as the regular attendance of said child at said evening school is certified weekly by the teacher and principal of such school. Evening School. In any city or town in which there is no public or parochial evening school, an age and school certificate shall not be approved for a child under the age of 16 years who can not read at sight and write legibly simple sentences, the cer- tificate of the principal of a public or parochial school shall be prima facie evidence as to the literacy or illiteracy of the child. — 8. L. '11, p. 239 57. Schooling required. No person shall employ any minor over 14 years of age and under 16 years, and no parent, guardian or custodian shall permit to be employed any such minor under his control who can not read at sight and write legibly simple sentences, while a public evening school is maintained in the town or city in which such minor resides, unless such minor is a regular attendant at such evening school. — ^. L. '11, p. 239 58. Duties of state inspectors of factories. The state in- spector of factories, his assistants or deputies, shall visit all mer- cantile institutions, stores, offices, laundries, manufacturing estab- lishments, bowling alleys, theatres, concert halls or places of amusement, factories or workshops, and all other places where minors are or may be employed in this state, and ascertain whether any minors are employed contrary to the provisions of this act. Inspectors of factories may require that age and school certificates, and all lists of minors employed in such factories, workshops, mercantile institutions and all other places where minors are employed as provided for in this act, shall be produced for their inspection on demand. And, provided, further, that upon written complaint to the school board or local school author- ities of any city, town, district or municipality, that any minor (whose name shall be given in such complaint) is employed in any mercantile institution, store, office, laundry, manufacturing estab- lishment, bowling alley, theatre, concert hall or place of amuse- 44 ANNOTATED SCHOOL LAWS ment, passenger or freight elevator, factory or workshop, or as messenger or driver thereof, contrary to the provisions of this act, it shall be the duty of such school board or local school authority to report the same to the state inspector of factories. — 8. L. ^11, p. 240 59. Hours of labor. No person under the age of 16 years shall be employed or suffered or permitted to work at any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day ; or after the hour of 8 :00 o'clock in the evening. Every employer shall post in a conspicu- ous place in every room where such minors are employed, a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work, and the hours when the time or times allowed for dinner or other meals begins and ends. The printed form of such notice shall be furnished by the state inspector of factories, and the employment of any such minor for longer time in any one day so stated shall be deemed a violation of this section. — S. L. '11, p. 240 60. Prima facie evidence of a child's employment. The presence of any person under the age of 16 years in any manu- facturing establishment, factory or workshop shall constitute prima facie evidence of his or her employment therein. — *S^. L. '11, p. 240 61. Enforcement of the provisions of this act. It shall be the special duty of the state factory inspector to enforce the pro- visions of this act and to prosecute all violations of the same before any magisrate or any court of competent jurisdiction in this state. It shall be the duty of the state factory inspector, assistant state factory inspector and deputy state factory in- spectors under the supervision and direction of the state factory inspector, and they are hereby authorized and empowered to visit and inspect, at all reasonable times, and as often as possible, all places covered by this act ; provided, that this act shall not be construed to repeal any law of this state imposing duties or re- sponsibilities upon any other officer or person to make inspections or bring prosecutions for the violation of any school law or any other law of this state for the protection of children. — 8. L. '11, p. 241. 62., Child exempted — how. Any child may be exempted from the provisions of this act concerning employment of children in any concert or theatrical exhibition or performance in any place where intoxicating liquors are not sold, and between the STATE OF COLORADO 45 ages of fourteen and sixteen, from any other provisions of this act, except the provisions of section three, on the following condi- tions : Any such child, its parent or person seeking to employ such child shall file an application in writing with the city super- intendent of schools if there be any such city superintendent of schools — and if not, then with the county superintendent of schools, or any person deputized by them to receive and act upon such application, stating his or her age, residence, address, school attendance, grade, names of parent, parents or guardian, and in detail the nature of employment sought, the number and char- acter of the performances, the kind of work required and the name of the employer and such facts as may be required to enable such person to pass intelligently upon such application. Within not less than 48 hours of the filing of such application, it shall be the duty of such officer to hear and determine such appli- cation, and if the same shall be granted, such officer granting the same, shall issue a written permit to such child, stating therein his reasons for such permit. If such application is refused, the child or the person making same for the child shall be entitled upon demand, within 24 hours after such refusal, to be furnished with a written statement of the reasons of such oificer for refus- ing to issue such permit. An appeal may be taken from the decision of such officer so passing upon such application to the county or juvenile court of the county in which such application is made, upon such child, its parent or guardian or any person interested in the protection of such child filing a brief written petition with the clerk of said court, with a copy of such refusal to grant such permit ; provided, such appeal is taken within ten days after the refusal to issue such permit. No fee shall be charged for any such application or on account of any such appeal. No permit shall be granted under the provisions of this section to any child to be employed in any concert or theatrical exhibition or performance unless it shall be made to appear that suitable provisions have been made by the employer of such child for the protection of the moral and physical health and the educa- tion of such child. The person passing upon such application or any court before whom such matter may be brought for final determination, may, as a condition to granting such permit, make such reasonable terms and conditions as shall seem necessary and proper for safeguarding the moral and physical health of such child and giving it such educational advantages as may seem to be for its best interests. And it shall be lawful to attach as a condi- 46 ANNOTATED SCHOOL LAWS tion to any such permit mentioned in this section a written promise of the employer of such child to comply with the terms thereof and a bond or undertaking to the people of the state of Colorado in a penal sum to be fixed by the court, not exceeding two thousand dollars, with one or more sureties may be required by the court of such employer conditioned that he will faithfully carry out the terms and conditions upon which such permit may be granted. Permits or copies certified to as correct by the authorities issuing the same granting exemptions from this act for children to appear in any concert or theatrical performance shall be kept on file at the box office of concert halls or theatre in which any such child may appear under such permits. AH such permits shall be subject to inspection by the humane society and probation officers and factory inspectors. Any person may apply to the county or juvenile court to have the exemption permitted by this act revoked by such court by filing with the clerk of the court a short petition setting up the facts showing that the conditions of the permit granting such exemption have been violated, or that it is not for the best interest of such child to have such permit or exemption. Whereupon, the court shall issue a summons or notice to such child and to at least one of its parents or guardian, if there be such parent or guardian in the county, requiring them to appear before such court within not less than forty-eight hours to show cause why the prayer of such petition should not be granted or such permit or exemption should not be revoked. During that part of the months of June, July and August when the public schools are not in regular session, children over twelve years of age shall be entitled to exemptions from the provisions of this act, permitted by section fifteen, upon complying with the conditions and receiving the permit provided for in said section. — S. L. '11, p. 241 Note. Section 15 above referred to is section 62 herein. 63. Penalties — first offense. "Whoever, having under his control a child under the age of 16 years, permits such child to be employed in violation of the provisions of this act, shall for each offense be fined not less than five dollars nor more than twenty-five dollars, and shall stand committed until such fine and costs are paid. A failure to produce to the inspector of factories, his assistants or deputies, any age and school certificates or lists required by this act, shall constitute a violation of this act, and the person so failing shall, upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense. Every STATE OF COLORADO 47 person authorized to sign the certificate prescribed by section 7 of this act, who certifies to any materially false statement therein, shall be guilty of a violation of this act, and upon conviction be fined not less than five dollars nor more than one hundred dollars for each offense, and shall stand committed until such fine and costs are paid. Any person, firm or corporation, agent or man- ager, superintendent or foreman of any firm or corporation, whether for himself or for such firm or corporation, or by himself or through sub-agents or foreman, superintendent or manager, who shall violate or fail to comply with any of the provisions of this act, or shall refuse admittance to premises, or. otherwise obstruct the factory inspector, assistant factory inspector or deputy factory inspector in the performance of their duties, as prescribed by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dol- lars, nor more than one hundred dollars for each offense, and shall stand committed until such fine and costs are paid. It is the intention and purpose of this act to extend personal responsibility to the president and general manager of any corpo- ration for violation of this act by any foreman, superintendent or sub-manager or sub-agent. — S. L. '11, p. 243 Note. Section 7 above referred to is section 54 herein. 64. Penalties — second violation. Any person, agent, firm or corporation who shall be convicted of a second violation of any provision of this act, shall be fined in a sum not less than one hundred dollars, or more than five hundred dollars or be im- prisoned in the county jail for not to exceed ninety days or by both such fine and imprisonment, in the discretion of the court. — 8. L. '11, p. 244 DELINQUENT CHILDREN 65. Definition of terms — application of act — evidence. This act shall apply only to children sixteen years of age or under, not inmates of a state institution, or any institution incorporated under the laws of the state for the care and correction of delin- quent children. The words "delinquent child" shall include any child sixteen years of age or under such age who violates any law of this state or any city or village ordinance; or who is incor- rigible, or who knowingly associates with thieves, vicious or im- moral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-repute, or who knowingly patronizes or visits any policy shop or place where any gaming device is, or shall be, operated; or who patronizes or visits any 48 ANNOTATED SCHOOL LAWS saloon or dram shop where intoxicating liquors are sold; or who patronizes or visits any public pool room or bucket shop ; or who wanders about the streets in the night time without being on any- lawful business or occupation ; or who habitually wanders about any railroad yards or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority; or who habitually uses vile, obscene, vulgar, profane or indecent- language, or is guilty of immoral conduct in any public place or about any school house. Any child committing any of the acts herein mentioned shall be deemed a juvenile delinquent person, and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this act, or any evi- dence given in such cause, shall not in any civil, criminal or other cause or proceeding whatever in any court be lawful or proper evidence against such child for any purpose whatever, excepting in subsequent cases against the same child under this act. The word ''child" or ''children" may mean one or more children, or the word "parent" or "parents" may mean one or both parents when consistent with the intent of this act. — R. S. 586 66. Penalty. Any person who shall be convicted of violating any of the provisions of the preceding sections of this act, shall be fined not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or both, in the discretion of the court ; and upon conviction for a second or any subsequent offense, shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not exceeding six months.- — R. S. 603 67. Delinquent girls under eighteen. From and after the passage of this act, any law of this state defining delinquency or concerning contributory delinquency shall, for the protection of girls, be held to include all girls under the age of eighteen years. S. L. '11, p. 298 PHYSICAL EXAMINATION 68. State superintendent prepare suitable test card. The state superintendent of public instruction shall prepare or cause to be prepared suitable test cards, blanks, record books, and other needful appliances and supplies to be used in testing the sight, hearing and breathing of pupils in the public schools, and the necessary instructions for their use; and shall furnish the same free of expense to every public school in the state. The teacher or principal in every public school, or where there is no principal, the county superintendent, shall, during the first month of each STATE OF COLORADO 49 school year, test the si^ht, hearing and breathing of all pupils under his charge, such examination to be made by observation, without using drugs or instruments, and without coming in con- tact with said child; and keep a record of such examinations according to the instructions furnished and make a written report of such examinations to the state superintendent of public in- struction as he may require. — S. L. '09, p. 490 69. Teacher report defectiveness. Every teacher in the pub- lic schools shall report the mental, moral and physical defective- ness of any child under his supervision, as soon as such defective- ness is apparent, to the principal or, where there is no principal, to the ^county superintendent. Such principal or county superin- tendent shall promptly notify the parents or guardian of each child found to be defective, of the child's defectiveness, and shall recommend to such parents or guardian that such child be thoroughly examined as soon as possible by a competent physician or surgeon with special reference to the eyes, ears, nose, throat, teeth and spine. If the parents or guardian of such child shall fail, neglect or refuse to have such examination made and treat- ment begun within a reasonable time after such notice has been given, the said principal or superintendent shall notify the state bureau of child and animal protection of the facts; Providing, however, That whenever it shall be made to appear to the said principal or superintendent, upon the written statement of the parent or guardian of said child, that such parent or guardian has not the necessary funds wherewith to pay the expenses of such examination and treatment, the said principal or superintendent shall cause such examination and treatment to be made by the county physician of the district wherein said child resides ; and it shall be the duty of such county physician to make such exam- ination and treatment, and if he be unable to properly treat such child he shall forthwith report such fact to the county com- missioners of the county, with his recommendation. — S. L. '09, p. 490 70. Auditor draws warrant — biennial expense not to exceed one thousand dollars. The state auditor is hereby directed to draw his order for such sums and at such times as the state super- intendent of public instruction may require to carry out the pro- visions of this act. The total expenses under this act shall not exceed one thousand dollars in any biennial period ending Novem- ber 30.— >Sf. L. '09, p. 491 50 ANNOTATED SCHOOL LAWS COMPULSORY EDUCATION 71. Children sent to school — exception — appeal. That in all school districts of this state, all parents, guardians and other persons having care of children shall instruct them, or cause them to be instructed, in reading, writing, spelling, English grammar, geography and arithmetic. In such districts, every parent, guardian or other person having charge of any child between the ages of eight and sixteen years, shall send such child to a public, private or parochial school for the entire school year "during which the public schools are in session in such districts ; Provided, however. That this act shall not apply to children over fourteen years of age where such child shall have completed the eighth grade, or may be eligible to enter any high school in such district, or where its help is necessary for its own or its parent's support, or where for good cause shown it would be for the best interests of such child to be relieved from the provisions of this act ; Pro- vided, further, That if such child is being sufficiently instructed at home by a person qualified, such child shall not be subject to the provisions of this act ; and Provided, further. That if a repu- table physician within the district shall certify in writing that the child's bodily or mental condition does not permit its attendance at school, such child shall be exempt during such period of dis- ability from the requirements of this act. It shall be the duty of the superintendent of the school district, if there be such super- intendent, and, if not, then the county superintendent of schools, to hear and determine all applications of children desiring for any of the causes mentioned herein to be exempted from the pro- visions of this act, and if upon such application such superin- tendent hearing the same shall be of the opinion that such child is for any reason entitled to be exempted as aforesaid, then such superintendent shall issue a written permit to such child, stating therein his reasons for such exemption. An appeal may be taken from the decision of such superintendent so passing upon such application to the county court of the county in which such dis- trict lies, upon such child making such application and filing the same with the clerk or judge of said court within ten days after its refusal by such superintendent, for which no fee to exceed the sum of one dollar shall be charged, and the decision of the county , STATE OF COLORADO 51 court shall be final. An application for release from tlie pro- visions of this act shall not be renewed oftener than once in three months.— i2. S. 530 72. Children under 14 years not employed — penalty for em- ploying'. No child under the age of 14 years shall be employed by any person, persons, company or corporations during the school term and while the public schools are in session, unless the parent, guardian or person in charge of such child shall have fully com- plied with section one of this act. Every such employer shall require proof of such compliance, and shall make and keep a written record of the proof given, which shall be subject to the inspection of the truant officer, superintendent of schools, or any school director of the district. Any employer employing any child contrary to the provision of this section, shall be fined not less than twenty-five nor more than one hundred dollars. — • R. S. 531 73. Minors between 14 and 16 must read and write — duty of employer — ^penalty. All minors over the age of 14 years and under the age of 16 years who cannot read and write the English language, shall attend school at least one-half day of each day, or attend a public night school, or take regular private instruction from some person qualified, in the opinion of the county superin- tendent of schools, in which such district or the greater portion of the same lies, until such minor obtains a certificate from such superintendent that he or she can read at sight and write legibly, simple sentences in English. Every employer employing or having in employment any such minor shall exact as a condition of employment the school attendance or instruction required by this section, and shall on request of the truant officer, furnish the evidence that such minor is complying with the requirements of this section. Every employer failing to comply with the require- ments of this section as to any minor employed by him or in his employ, shall be fined not less than twenty-five dollars, and not more than one hundred dollars; Provided, That any employer with the approval or consent of the county superintendent of schools may make provision for the private instruction of minors in his employ. — R. S. 532 74., Truant — ^who is — juvenile disorderly person. Every child within the provisions of this act who does not attend school, as provided in section one of this act, or who is in attendance at any public, private or parochial school, and is vicious, incorrigible or immoral in conduct, or who is an habitual truant from school. 52 ANNOTATED SCHOOL LAWS or who habitually wanders about the streets and public places during school hours without any lawful occuption or employ- ment, or who habitually wanders about the streets in the night time, having no employment or lawful occupation, shall be deemed a juvenile disorderly person, and be subject to the provisions of this act.— i2. S. 533 75. Truant officer — powers — duties— record. To aid in the enforcement of this act, the board of school directors in districts of the first and second class shall have power, and it shall be their duty, to appoint one or more truant officers whose compensation shall be fixed by the board appointing him. The truant officer shall be vested with police powers, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, and in the way of investigation or otherAvise, to enforce this act. The truant officer shall institute proceedings against any officer, parent, guardian, person or cor- poration who shall violate any of the provisions of this act, and shall otherwise discharge the provisions of this act, and perform such other services as the county superintendent of schools or the board of directors of the school district may deem necessary to preserve the morals and secure the good conduct of school children, and to enforce this act. The truant officer shall keep a record of his transactions for the inspection of the county super- intendent of schools and of the directors of the school district, and suitable blanks shall be provided for his use by the secretary of the school district. — R. S. 534 76. Truancy officer in third class -districts. The board of school directors in school districts of the third class in this state shall appoint a truancy officer whose powers and duties shall be the same as those prescribed by law for truancy officers in school dis- tricts of the first and second class. His compensation shall be fixed by the board appointing him and may be by the day for the time actually consumed in the discharge of his duties as such officer. A member of the school board may be appointed truancy officer. —S. L. '11, p. 250 77. Truant officer — duties — conviction of parent — penalty — bond — defense. The truant officer shall examine into any case of truancy within his district, and shall warn the parent, guardian, or others in charge of the child of the final consequences of truancy if persisted in. When any child between the ages of eight and fourteen years, or any child between the ages of four- teen and sixteen years, who can not read and write the English STATE OP COLORADO 53 language, is not engaged in some regular employment, or any child between the age of fourteen years and sixteen years who has been discharged from employment to obtain instruction or school- ing, is not attending school without lawful excuse and in violation of the provisions of this act, the truant officer shall notify the parent, guardian, or other person in charge, of the fact, and re- quire such person to cause the child to attend some recognized school within five days from the date of the notice, and it shall be the duty of such person so to cause its attendance at some recognized school. Upon failure to do so, the truant officer shall make complaint in the county court of the county in which such child lives, against the parent, guardian or other person having such child in charge, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor more than twenty dollars, or the court may, in its discretion, require the person so convicted to give a bond in the penal sum of $100, with sureties to the approval of the judge of such court, conditioned that he or she will cause the child under his or her care to attend some recognized school within five days thereafter, and to remain at school during the term prescribed at law. And upon the failure or refusal of the parent, guardian or other person to pay such fine or furnish such bond according to the order of the court, the said parent, guardian or other person shall be im- prisoned in the county jail not less than ten days nor more than thirty days. For violation of the bond, suit may be brought in any court of competent jurisdiction, in the name of the school dis- trict, and the amount recovered shall go to the school fund of the district. If the parent, guardian or other person shall prove his inability to cause the child to attend a recognized school, it shall be a defense, but the child shall be deemed a juvenile disorderly person within the meaning of section 4 of this act. — R. S. 535 Note. Section 4 above referred to is section 74 herein. 78. Juvenile disorderly person — commitment — term — ex- pense. Whenever a child shall be a juvenile disorderly person within the meaning of this act, the truant officer, or any school teacher, or other reputable person, may make complaint in the county court of the county in which such child resides. The county court shall hear and determine such complaint, and if it is determined that such child is a juvenile disorderly person within the meaning of this act, he or she shall be committed to a chil- dren's home, if eligible, or to the boys' industrial school or to the girls' industrial school, or to some other training school, taking 54 ANNOTATED SCHOOL LAWS into account the years of the child with reference to the institu- tion selected. Any child committed to a children's home, on its being shown to the judge of said court that it is incorrigible and vicious, may be transferred to the industrial school or other proper institution. No child committed to any reformatory shall be detained beyond its majority, and may be discharged sooner or paroled by the trustees or board of control under rules and restrictions applicable to other inmates. Any order of commit- ment may be suspended by the judge of the county court during such time as the child may regularly attend school and properly conduct itself. The expense of the transportation of the child to the juvenile reformatory, and of the costs of the case in which the order of commitment is made, shall be paid by the county from which the child is committed. — R. S. 536 79. Child unable to attend school — relief. When any truant officer is satisfied that any child within the requirements of this act is unable to attend school because required to work at home or elsewhere in order to support itself or help or support others legally entitled to its services, the truant officer shall report the case to the authorities charged with the relief of the poor, who shall thereupon afford such relief as will enable the child to attend school ; Provided, That such child shall not be required to attend more than three hours a day during school days. In case the child or its parents or guardians neglect or refuse to take advantage of such provision made for its instruction, such child may be committed to a children's home or juvenile reformatory, as hereinbefore provided. — R. 8. 537 80. Violation — penalty. Any person who violates any pro- vision of this act for which a penalty is not herein provided, shall be fined not more than fifty dollars. — R. S. 538 81. Second conviction — penalty — trial by jury. Every per- son who, after having been convicted once of violating any of the provisions of this act shall be convicted a second time of a similar offense, may, in addition to the punishment by way of fine else- where provided for, be imprisoned not less than 10 days nor more than 30 days ; Provided, That in all cases arising under this act in which a fine or imprisonment may be a part of the judg- ment, trial shall be by jury if not waived. — R. S. 539 82. Not apply to districts without accommodations. This shall not apply to school districts in which there are not sufficient accommodations in the public schools to seat children compelled to attend under the provisions of this act. — R. S. 540 STATE OP COLORADO 55 COUNTY SUPERINTENDENT 83. Election — oath — bond — ^term of office. There shall be elected in each county, at the general election in the year one thousand eight hundred and seventy-seven, and biennially there- after, a county superintendent of public schools, who shall take office on the second Tuesday of January next succeeding that in which such election shall be held. He shall hold his office for two years, and until his successor shall be elected and qualified. Before entering upon the duties of his office, he shall take the oath prescribed by the constitution, and execute a bond payable to the people of the state of Colorado, with two or more sureties, to be approved by the board of county commissioners, in penalty of not less than two thousand dollars, to be increased at the discretion of said board, conditioned upon the faithful perform- ance of the duties of his office and the delivery of all moneys and property as such superintendent to his successors, which bond shall be filed in the office of the county clerk.— i2. S. 5877 84. Act till successor qualified. When the term of any sherijff, * * * or other county officers shall expire, as now provided by law, it shall be lawful for such officer, whether re- elected or not, and his deputies, to continue to perform all the duties of such office until his successor shall be duly qualified as required by law. — R. S. 1355 85. Failure to qualify — vacancy — appointment. Should the superintendent-elect fail to qualify as aforesaid, or should there occur a vacancy in said office, the board of county commissioners shall at their next meeting after such vacancy or failure to qualify occurs, appoint an eligible and suitable person, who shall qualify within ten days after his appointment, and who shall continue in office until the next general election thereafter. Should such appointee fail to qualify, as aforesaid, another appointment shall be made in the same manner, until the vacancy shall be filled by appointment or election. — R. S. 5878 86. When office becomes vacant. Every county office shall become vacant on the happening of either of the following events before the expiration of the term of office : 56 ANNOTATED SCHOOL LAWS First — The death of the incumbent. Second — ^His resi^ation. Third — His removal. Fourth — His ceasing to be an inhabitant of the county for which he was elected or appointed. Fifth — His conviction of any infamous crime, or any offense involving a violation of his official oath. Sixth — His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath and bond within the time prescribed by law. Seventh — The decision of a competent tribunal, declaring void his election or appointment. — R. 8. 1359 87. Classification of counties to regulate salaries. For the purpose of regulating the amount of compensation of county superintendents of schools, the counties of the state are divided into seven classes as follows : The City and County of Denver, El Paso and Las Animas Counties shall be the first class ; Pueblo, "Weld, Boulder, Fremont and Teller Counties shall be the second class ; Conejos, Delta, Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose, and Otero Counties shall be the third class ; Chaffee, Clear Creek, Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio Grande, Pitkin, Park, Prowers and Saguache Counties shall be the fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, Monte- zuma, Morgan, E-outt, San Miguel and Yuma Counties shall be the fifth class ; Archuleta, Baca, Costilla, Grand, Kiowa, Lincoln, Min- eral, Phillips, Rio Blanco, San Juan, Sedgwick, Summit and Washington shall be the sixth class; Dolores and Hinsdale shall be the seventh class. County superintendents of schools shall re- ceive the following compensation, to be paid quarterly out of the county treasury, to wit : In counties of the first class, an annual salary of twenty-eight hundred dollars ; in counties of the second class, an annual salary of two thousand dollars ; in counties of the third class, an annual salary of twelve hundred dollars ; in counties of the fourth class, an annual salary of eleven hundred dollars ; in counties of the fifth class, an annual salary of eight hundred dollars ; in counties of the sixth class, an annual salary of five hundred dollars ; in counties of the seventh class, an annual STATE OP COLORADO 57 salary of one hundred dollars; in all but first and second class counties, boards of county commissioners may allow mileage not to exceed ten cents per mile for distance necessarily and actually traveled in the performance of duty, not to exceed an aggregate of three hundred dollars per annum in any county. — R. S. 2575 Note. Counties of Jackson, Crowley and Moffat are in the fifth class for compensation of county superintendent. S. L. '09, p. 436; S. L. '11, pp. 281, 520. 87-b. For the purpose of regulating the compensation of the County Superintendents of Schools, the counties of the State are divided into seven classes, as follows : First class : El Paso, Las Animas, Pueblo and Weld ; second class : Boulder, Fremont, Garfield, Larimer and Mesa ; third class : Adams, Chafi'ee, Delta, Gunnison, Huerfano, Logan, Montrose, Morgan, Otero, Prowers and Routt ; fourth class : Alamosa, Arapa- hoe, Cheyenne, Conejos, Costilla, Crowley, Douglas, Eagle, Elbert, Kit Carson, Washington, Yuma, Gilpin, Jefferson, Phillips, Ouray, Lake, Lincoln, Teller, Rio Grande, Park, Pitkin, Rio Blanco, Saguache and San Miguel; fifth class: Archuleta, Clear Creek, Baca, Custer, City and County of Denver, Grand, Jackson, Kiowa, La Plata, Moffat, Montezuma, Sedgwick and Summit ; sixth class : Mineral and San Juan ; seventh class : Dolores and Hinsdale. Salaries — First class, |2,800 ; second class, |2,000 ; third class, $1,500; fourth class, |1,100; fifth class, |900; sixth class, |500; seventh class, |100. The Board of County Commissioners shall also allow to the County Superintendent mileage not to exceed ten cents per mile for the distance necessarily and actually travelled in the perform- ance of duty, not to exceed an aggregate of two hundred dollars per annum. — Amended S. L. '15 88. Expenses of county superintendents — office hours. The commissioners shall provide him with a suita.ble office at the county seat, and all necessary blank books, stationery, postage, expressage and other expenses of his office, not otherwii^e pro- vided for, which last mentioned expenses shall be paid for from the county fund. He shall keep his office open for the transaction of official business such days each week as the duties of the office may require. — R. S. 5886 89. Deputy — how paid. If for any cause the superintendent is unable to attend to the duties of his office, he may appoint a deputy, who shall take the usual oath or affirmation of office, and who may exercise all the functions of county superintendent, but 58 ANNOTATED SCHOOL LAWS such deputy shall draw no salary from the public fund ; Provided, That the superintendent may receive a per diem for the services of such deputy.— i^. S. 5879 90. Deputies and assistants of county superintendent — com- pensation. Deputies and assistants may be employed by the sheriffs, county clerks, county treasurers, county assessors and county superintendents of schools, under the direction of the board of county commissioners for said counties respectively, and clerks of the district court under direction of the judge of such court, and shall be paid salaries out of the fees, commissions and emolu- ments of the office wherein employed (except employes of county assesisor and of county superintendent, who shall be paid out of the county treasury), the compensation and time of service to be fixed by the board, the selection of said deputies and employes to be made by the ofHcer authorized to employ them; Provided, That the provisions of this section relating to the county super- intendents of schools shall apply only in counties of the first class. —R. S. 2580 91. County superintendent's annual report. On the first Tuesday of September in each year, the county superintendent shall make a report to the superintendent of public instruction for the school year ending June 30 next preceding, which report shall contain an abstract of the reports made to him by district secretaries, and such other matters as the superintendent of public instruction may direct, and shall be in such form and upon such blanks as the superintendent of public instruction shall furnish. The county superintendent shall retain a copy of all such reports and file the same in his office. — R. S. 5880 92. Penalty for failure to report. If the county superin- tendent fails to make a full and correct report to the superin- tendent of public instruction, as provided by law, and shall, after written request or notice from the superintendent of public in- struction, or from the board of county commissioners, delay more than ten days after the service of such notice to make such report, he shall forfeit the sum of one hundred dollars, which sum the board of county commissioners may deduct from any money due him ; said forfeit may, however, be recovered by suit, upon his official bond.— i?. 8. 5882 93. Administer oaths. The county superintendent shall have power, and is hereby authorized, to administer oaths and affirma- tions to school directors, teachers and all other persons in official STATE OF COLORADO ' 59 matters relating to schools ; but shall receive no fee for so doing. —B. 8. 5883 94. Duties of county superintendents. It shall be the duty of the county superintendent to exercise a careful supervision over the schools of his county, to visit each school at least once during each quarter it is in session, to see that all the provisions of this act are observed and followed by teachers and school officers ; to examine the accounts of the district officers to see if such accounts are properly kept, and all district funds properly accounted for; to keep, in a good and substantial bound book, a record of his official acts, and of other matters required by law to be recorded; to obey the legal instructions and decisions of the superintendent of public instruction. He shall also keep a record of the registers, record books and order books furnished to the several districts of his county; and it shall be his duty to hold county teachers' associations whenever, in his judgment, the interests of the school work demand it ; the records of the county superintendent's office shall be open to the inspection of any citizen of the county, and within one week from the close of each school year he shall publish in some newspaper published in the county, if there be such a paper, a statement of the apportionment of school funds for the year preceding. — R. S. 5881 95. Appoint directors. The county superintendent shall ap- point directors for any district which fails to elect, as provided in section 44, and shall fill vacancies that may occur in any board of directors by reason of death, removal from office or from the district, resignation or otherwise, except in the boards of directors of districts of the first class, and the officers so appointed shall hold office only until the ensuing regular election. — R. S. 5884 Note. Section 44 above referred to is section 142 herein. 96. Boundaries of school districts — record — prepare maps. It shall be the duty of the county superintendent to ascertain the boundaries of each school district in his county, and to make and keep a record of the same in a suitable bound book, which record shall show definitely the boundaries of each district. In case the boundaries are found to be conflicting or incorrectly described, he shall harmonize the same and make a report of such action to the board of school directors whose districts are affected thereby. District officers shall have access to such records for the purpose of examination, making copies, or for other legitimate purposes. The county superintendent shall prepare, or have prepared, a map 60 ANNOTATED SCHOOL LAWS of the county, showing the correct boundaries of the districts. — R. S. 5885 97, County superintendent compare census list — ascertain number of blind and deaf mutes. The census list of the several districts shall be carefully examined and compared by the county superintendent, and if the name of the same person be found upon more than one list he shall strike said name from all lists except that of the district in which such person was residing in good faith on the 10th day of April (February) aforesaid. The residence of an unmarried person of school age shall, in all cases, be held to be identical with the bona fide residence of the parent or guardian of such person ; Provided, That such parent or guard- ian be a resident of the state. If the county superintendent find upon any census list the names of any persons who he believes were not residents in good faith of such district, as aforesaid, he shall notify the secretary certifying the list, and if said secretary shall not establish the correctness of the list within fifteen days after such notification, such names shall be stricken from the list. At the time of taking the annual census, the secretary shall use reasonable diligence to ascertain the number of blind and deaf mute persons resident in the district, between the ages of four and twenty-two years, with the name and postoffice address of each. Said items shall be embodied in his annual report to the county superintendent. — R. S. 5939 Note. Time of taking census clianged to February by section 115 herein. Note. County superintendents report on June 1 in eacb year to superintendent of scliool for deaf and blind the names of persons in their counties entitled to admission to such school, section 277. Note. Census defined, section 242. 98. Apportionment of county school fund. The county superintendent shall apportion the general school fund of the county among the several school districts in accordance with the provisions of sections seventy-two and seventy-three of this chapter, quarterly, to- wit : On the first Monday in January, April, July and October, in each year, and he may apportion the same at other times if there be sufficient money in the treasury to require it. He shall certify each apportionment promptly to the county treasurer, and shall also notify the secretary of each district of the amount |)laced to the credit of his district. — R. S. 5888 STATE OP COLORADO 61 99. Apportionment of school fund — ^basis. In apportioning the general fund, as directed in section nineteen of this chapter, the county superintendent shall base the July apportionment, in each year, on the census lists and reports of the secretaries of the several districts for the school year next preceding, and he shall base all apportionments on said lists and reports for a period of one year, except in the case of the apportionment to new districts, as provided in section thirty-two of this chapter. — R. 8. 5889 Note. Sections 19 and 32 above referred to are sections 98 and 140 herein. 100. Apportionment according- to number of school age. The county superintendent shall apportion the funds aforesaid among the districts entitled to the same, according to the number of per- sons of school age, as shown by the census lists and reports of the several districts for the school year immediately preceding, as provided in section seventy-two. — R. 8. 5890 Note. Section 72 above referred to is section 99 herein. 62 ANNOTATED SCHOOL LAWS COUNTY TREASURER 101. Duties of county treasurer. It is hereby made the duty of the county treasurer in each county, to keep a separate account with each school district in his county, to place to the credit of each the -amount of money as certified to by the county superin- tendent, as provided in section nineteen, and to pay over the money so collected, upon the presentation of the legally-drawn warrants or orders of the district officers entitled to draw the same ; Provided, That if the county superintendent shall notify ■ the county treasurer, in writing, that there has been a failure on the part of any board of directors to comply with the law, and that said money should be withheld from said board of directors, he shall retain the same until further notice from the county superintendent; on or before the 5th day of July in each year, he shall render, to the county superintendent of schools, a state- ment of the receipts and disbursements on account of the several districts, of all the school funds which have passed through his hands during the school year next preceding, and at the same time he shall render to each district secretary a statement of receipts and disbursements of such district. All money which shall become forfeited by any district shall be put into the general school fund, and be re-apportioned as other moneys. — R. S. 5900 Note. Fees for collecting taxes, section 109 herein. Note. Report fines collected, section 151 herein. Note. Section 19 above referred to is section 98 herein. 102. County treasurer certify moneys to county superin- tendent — pay over — failure — penalty. The county treasurer shall, on or before the first day of January, April, July and October, of each year, certify the amount of said tax which shall have been collected, and the amount of any other county school money, then in the county treasury, to the county superintendent, and shall render him a statement of the amount uncollected. The amount unpaid shall be collected at any subsequent time, as delin- quent taxes are collected, and shall be certified to the county superintendent, as aforesaid. Should the treasurer fail at any time to pay over the tax, as herein provided, he shall forfeit the sum of one hundred dollars, and double damages, to be collected STATE OF COLORADO 63 on his official bond; suit to be brought by the county superin- tendent, for the benefit of his county [school fund]. — R. S. 5899 Note. County treasurer pay school warrants or orders, sections 100, 101, 103. 103. Treasurer keeps separate accounts — warrants. It shall be the duty of the county treasurer to open and keep separate accounts with each school district in his county, and hold the funds of each district, subject to the legal warrants of the pres- ident, as provided by section 53 of this chapter. If the legal warrant of any school district in his county be presented to the county treasurer when there are no funds in his hands to the credit of the district fund against which the warrant is drawn, he shall endorse such warrant "No funds," and said warrant shall draw interest from the date of such endorsement at the same rate as county warrants in like condition. The treasurer shall keep a list of all warrants so endorsed, and shall pay them whenever there is sufficient money to the credit of the proper fund in the order of such endorsement. The interest on such warrants shall stop when the treasurer shall give notice that he has funds to pay the same ; Provided, It shall not be lawful for the officers of any district to issue warrants at any time in an amount in excess of the tax levy for the current year. — R. S. 5901 Note. Duties of county treasurer, in matters of school funds, section 101. Note. See following section as to time of payment. Note. Section 53 above referred to is section 114 herein. 104. County treasurer cancel all paid school orders. That it shall be the duty of county treasurers to cancel all paid school orders, with a proper cancelling stamp, showing the date of pay- ment.— i?. 8. 5902 105. County treasurer render quarterly statement to school board; That it shall be the duty of county treasurers to render to the secretary of each board of school directors, quarterly, an item- ized statement of account of their respective district, showing : (a) The numbers and amounts of all orders paid and charged against the accounts of the respective districts ; (b) The amounts of money received and credited to the accounts of the respective districts ; (c) The balance due said district at the end of each quarter. —R. S. 5903 106. Pay school orders as re^stered. It shall be the duty of the county treasurer of each county in this state, when there are sufficient funds to the credit of any school district, or to the 64 ANNOTATED SCHOOL LAWS credit of any school fund of any such district, to pay in full the principal and interest of any orders which may be on such fund, in the. order of their registration, and if at any time there shall be $200 in the hands of such treasurer, to the credit of any such fund, it shall be his duty to cause to be published in some news- paper published at the county seat of such county, for twenty days, a notice that certain school orders (describing same by numbers and amounts) will be paid upon presentation, and at the expiration of said twenty days' advertisement such orders shall, cease to bear interest. — R. S. 1326 107. County treasurer furnish blanks to district board. That the said county treasurers shall enclose with each quarterly statement, a proper blank upon which the secretary of each re- spective board of directors may report to their county treasurer that said canceled orders and statements have been received and found correct. — R. S. 5904 108. Failure to publish call — penalty. Whenever the treas- urer of the state of any county, city, town or school district shall have in his hands any moneys applicable to the payment of any state, city, town, county or school district warrant, and shall fail or neglect for thirty days to publish a call as provided by law for the presentation and payment of warrants, he shall be deemed guilty of a misdemeanor and, upon conviction, shall be liable to a fine not less than ten nor more than three hundred dollars. — R. S. 1826 109. Treasurer's fees — school taxes. The county treasurer shall charge and receive the following fees and commis- sions :****** Upon all school taxes in counties of the first class, one per cent. ; in counties of the second class, one per cent. ; in counties of every other class, one per cent, on school taxes, and two per cent, on town and city taxes. * * * — R, S. 2537 STATE OF COLORADO 65 DIRECTORS 110. Directors — classification of districts — election. There shall be elected in each school district in the manner prescribed by statute a board of directors. The number of members that shall constitute such board of directors shall be determined as follows : The school districts shall be classified into first, second and third classes. Districts containing a school population of one thousand or more shall be denominated districts of the first class ; districts containing a school population of less than one thousand and more than three hundred and fifty shall be denominated dis- tricts of the second class ; and districts containing a school popu- lation of three hundred and fifty or less shall be denominated dis- tricts of the third class. At the regular election in 1913, as provided by statute, and every six years thereafter, there shall be elected by ballot in all districts of the first class, two directors ; and at the regular election in 1915, and every six years thereafter, two directors ; at the regular election in 1917 and every six years thereafter, one director. The term of office of all directors in said school districts of the first class shall be six years and until their re- spective successors shall have been elected and qualified. Boards of directors and boards of education of districts of the first class shall, at the first meeting after such election, elect a president, a secretary and a treasurer, each of whom shall hold office for the term of two years, and until their respective succes- sors are elected and qualified; Provided, That in districts of the first class the president shall be a member of the board. The secretary and treasurer may or may not be members of the board. In districts of the second and third classes the board shall consist of three directors, a president, a secretary, and a treasurer, one of whom shall be elected annually for a term of three years on the first Monday in May, and notice for such election wlien posted shall specify the name of the office to be filled and the length of term ; Provided, That, at all school elections held after the passage of this act, the length of term shall be so specified that the term of the president shall expire in 1914 and every three years thereafter ; that of the treasurer shall expire in 1915 66 ANNOTATED SCHOOL LAWS and every three years thereafter ; and that of the secretary shall expire in 1916 and every three years thereafter. In districts of the first class and second class the boards, after organization, shall exercise all the power given to the electors of school districts of the third class as specified in section 5955 of the Revised Statutes of the State of Colorado of 1908. — S.'L. '11, p. 587 Note. Section 5955 above referred to is section 148 herein. Note. "No person except a qualiiied elector shall be elected to any civil or militars^ office in the state." — Colo. Const., Art. VII, § 6. First class districts — directors — when elected Note. Section 142 herein provides that the regular election for elect- ing members of school boards in first class districts shall be held biennially on the first Monday in May, 1911, and section 110 provides that at the regular election in 1913, and every six years thereafter, there shall be elected tw^o directors; in 1915, and every six years thereafter, tw^o directors; in 1917, and every six years thereafter, one director; and that the terms of office of all directors of first class districts shall be six years. This means that the vacancy occurring by the expiration of the present five- year-term director, expiring in 1912, must be filled by the board until the regular election of 1913, at which time another five-year term will have expired. Two directors can then be elected for six years, in accordance with present law. In 1914 another five-year term expires, to be filled by the board until the regular election of 1915, when another expires, and two members can be elected for six years. In 1916 the last five-year term expires, and the vacancy must be filled until the regular election of 1917, when the fifth member of the board is elected for six years. Directors — second and third class districts — election Note. Prior to the enactment of section 110 herein second and third class districts were grouped under three general heads, on account of the fact that like officers were elected in different years. This classification will no longer exist after 1913, as the present law provides that the term of the president in all second and third class districts shall expire in 1914; that of the treasurer in 1915, and that of secretary in 1916. Until the election of 1914, however, the various officers should be elected in the different groups at the general school election in the years and for the periods of time, as follows: In the first group, organized prior to March 20, 1877, in 1912, a president for two years ; if a vacancy in office of treasurer, a treasurer for three years; if a vacancy in office of secretary, a secretary for one year. In 1913, a treasurer for two years; if a vacancy in office of president, a president for one year; if a vacancy in office of secretary, a secretary for three years. In the second group, organized between March 20, 1877, and April 4, 1887, in 1912, a secretary for one year; if a vacancy exists in office of president, a president for two years; if a vacancy in office of treasurer, a STATE OP COLORADO 67 treasurer for tlirfee years: In 1913, a president for one year; if a vacancy in office of treasurer, a treasurer for two years; if a vacancy in office of secretary, a secretary for three years. In the third group, organized since April 4, 1887, in 1912, a treasurer for three years; if a vacancy in office of secretary, a secretary for one year; if a vacancy in office of president, a president for two years. In 1913, a secretary for three years ; if a vacancy exists in office of president, a president for one year; if a vacancy in office of treasurer, a treasurer for two years. In new districts a board elected at other than a general election holds over until the regular election, at which time a president shall be elected whose term expires in 1&14, a treasurer whose term expires in 1915. If such regular election is in 1912, a secretary for one year only; but if such election is in 1913 or later, a secretary should be elected whose term expires in 1916, or every three years thereafter. 111. Directors qualify within twenty days — vacancies — treasurer's bond and report — oath of office. The directors shall each, within twenty days after his or her election, appear before some officer authorized to administer oaths, and take oath that he or she will faithfully perform the duties of his or her office required by law, which oath shall be filed with the county super- intendent; and, in case of failure so to qualify, his or her office shall be deemed vacant, and the county superintendent shall ap- point a suitable person, who shall qualify immediately. If the amount of money liable to come into the hands of the treasurer, in the discharge of his official duties, exceed twenty dollars at any one time, he shall be required to give bond in double the amount of money liable to come into his hands, said bond to be approved by, and filed with, the county superintendent. The directors-elect shall take office immediately after qualifying, as aforesaid ; Provided, That any district treasurer, who shall refuse to give bond as above, when required to do so by the other mem- bers of the board, shall be disqualified from receiving any money on district account until a satisfactory bond is executed. The oath of office required in this section may be administered by a president of a school board ; and it is hereby made the duty of the district treasurer of all first class districts to publish, semi- annually, in some newspaper published within the county wherein such district may be located, a complete and full report of all receipts and expenditures of the said district's funds. — R. S. 5922 112. Regular meeting's of board — special — adjourned. The regular meeting of each board shall be held on the last Saturday of March, June, September and December. The board may, how- 68 ANNOTATED SCHOOL LAWS ever, hold such other regular, special or adjourned meetings as they may from time to time determine, or as may be specified in their by-laws.— i2. S. 5923 SPECIAL DISTRICT MEETINGS 113. Special meetings in districts of third class. In any dis- trict of the third class, the board of directors may at any time call a special meeting of the electors of such district, for any of the purposes specified in section sixty-two of this act, and it shall be their duty to call such meeting if petitioned so to do by ten legal voters of the district. Notices, specifying the time, place and object of such meeting, shall be posted in three public places, one of which shall be at the place of meeting, at least twenty days prior to the time of holding such meeting.— i2. S. 5954 Note. Classes of districts — election of directors, section 110. Note. Section 62 above referred to is section 148 herein. ' 114. President sign orders — appear in suits — absence — va- cancies. The president, when present, shall preside at all meet- ings of the board and of the district ; shall sign all orders on the county treasurer for the payment of money; Provided, That no orders shall be drawn upon the county treasurer except in favor of parties to whom the district has become lawfully indebted. He shall appear in behalf on his district in all suits brought by or against the same, but when he is individually interested, this duty shall be performed by the secretary, and in the absence of the president the secretary shall preside at board and district meetings. Absence from the district of any school officer, when prolonged beyond thirty consecutive days, may be held to work a vacancy in said office, which may be filled according to law. — R. S. 5934 115. Duties of secretary — bond. Before entering upon the duties of his office, the secretary shall execute a bond, with two securities, in the penal sum of five hundred dollars in districts of the first and second classes, and the penal sum of one hundred dollars in districts of the third class, conditioned upon the faith- ful discharge of his official duties and the delivery of all district property pertaining to his office over to his successor, within ten days after a demand is made for the same by a qualified successor, said bond to be approved by and filed with the county superintendent. The secretary shall record all proceedings of the board and of district meetings in a book, or books, kept for that purpose ; shall preserve copies of all reports made to the state or STATE OP COLORADO 69 county superintendent; shall file all papers transmitted to him by other school officers pertaining to the business of the district ; shall draw and countersign all warrants or orders issued by the board ; shall keep a register or stub of all orders drawn, showing the number of the order, date, amount, in whose favor and for what purpose drawn. Immediately after the election of one or more directors according to law, he shall transmit to the county superintendent a statement giving the name and post office ad- dress of the president, secretary and treasurer, respectively, of the boards of directors. Between the tenth day of February and the first day of March, in each year, the secretary, or some person, authorized by him, shall take a census of all persons over six years and under twenty-one years of age who were bona fide residents of the district on the tenth day of February aforesaid. The names so listed shall be arranged alphabetically, and be so classified as to distinguish between male and female. The census list shall be sworn to as correct by the person taking the same, and, if such person be other than the secretary, shall be certified by the secretary, and shall be forwarded to the county superin- tendent on or before the first day of April of the current school year. In districts of first and second classes a copy shall be de- livered to the principal teacher, or superintendent of the district, and in all cases a copy shall be retained ,in the office of the secre- tary.—^. L. '11, p. 577 Census showing one thousand — directors — election — appointment Note. That portion of section 129 of the School Laws Annotated included in brackets has been amended by implication by sections 110 and 142 herein, so that, in case the census of 1912 should show a thousand or more children of school age in a second class district, it would be the duty of the two hold-over members on the first Monday in May to appoint three members of the board to serve until the regular election of 1913, at which time two members shall be elected for six years, one member for four years and one member for two years. In case the census showed such number of children in 1913, then two members shall be elected for six years and one for four years. If such showing were made in 1914, then three members should be appointed until the regular election of 1915; and then and thereafter the same procedure as above should be followed, and all vacancies occurring in even years should be filled only until the next regu- lar biennial election, and then elected in numbers and for periods of time to correspond with the provisions of section 110 herein. 116. Further duties of secretary — report. The secretary shall keep an accurate account of the expenses incurred by the district, and shall present the same to the board whenever called upon. He shall give the required notice of all regular and special 70 ANNOTATED SCHOOL LAWS meetings, as herein authorized. On or before the first day of August of each year he shall make out and file in the office of the county superintendent, a report of the affairs of his district. Said report shall be made upon blanks prepared by the superintendent of public instruction containing such items of information as the said superintendent shall require, including the following, viz. : First — The number of persons, male and female, each, in his district, between the ages of six and twenty-one years. Second — The number of schools and the branches taught in each. Third — The number of pupils in each school. Fourth — the number of teachers employed, in each school, and the compensation of each per month. Fifth — The number of days the school was taught during the year then past and by whom. Sixth — The number of pupils enrolled during the year; the average daily attendance. Seventh — The average cost of school per month for each pupil, based upon the total enrollment, and also the average cost, based upon the average daily attendance. In estimating these averages the secretary shall take account of the teachers' wages ; all current expenses, and six per cent, interest upon a fair valuation of all property belonging to the district. Eighth — Text books used in each school. Ninth — The number of volumes in the library of each school. Tenth — -The aggregate amount paid teachers during the year, and the average monthly pay of teachers. Eleventh — The number of public school houses, and the esti- mated value of each. Twelfth — The amount raised by tax in the district during the year for school library. Thirteenth — The amount raised by subscription or by other means than by tax. Fourteenth — The amount of special tax levied for the sup- port of schools and for building sites, and furniture. Fifteenth — The amount of money on hand at the beginning of the year then past. Sixteenth — The amount of money received from all other sources than those herein specified. Should the secretary fail to file his report, as above directed, he shall forfeit the sum of one hundred dollars, and shall make SIATE OF COLORADO 71 good all loss resulting to the district from sucli failure. — R. S. 5936 117. Secretary exhibit quarterly report to board. That it shall be the duty of each secretary of the boards of school directors to exhibit said quarterly report to the board at its first regular meeting after the receipt of said report for the inspection of said board and that the board shall examine said quarterly report and canceled orders and instruct the secretary to report the correctness, or incorrectness, if any be found, upon the blank furnished by the county treasurer. — R. S. 5905 Note. For report referred to, see section 106. 118. Secretary keep quarterly reports and canceled orders on file for six years. That it shall be the duty of each secretary of the several boards of school directors, and their successors, to keep on file for a term of six years, all quarterly reports and can- celed orders received from county treasurers, and at the end of said period to cancel by fire, all canceled orders, filing the quar- terly reports for such period for future reference. — R. S. 5906 119. Secretary render statement — books open for inspection. The secretary shall render a statement of the condition of the finances, as shown by the books, at any time when required by the school board, and his books shall always be open for inspec- tion.— i?. 8. 5937 120. Failure of secretary to report— duty of superintendent of public instruction. Whenever a district secretary fails to file his annual report and census list with the county superintendent, according to law, thereby rendering it impossible for the said superintendent to apportion to such district any part of the gen- eral fund for the ensuing year, if it can be shown to the satis- faction of the superintendent of public instruction that such report and census list were prepared and reasonable diligence used to place the same in the hands of the county superintendent, and that such report and census list failed to reach said superin- tendent by reason of some accident or extraordinary occurrence ; and if it be further shown that a public school was maintained in such district for not less than the minimum time required by the state constitution ; and if it be also shown that duplicates of the missing papers have been placed in the hands of the county super- intendent, or in his office, then the superintendent of public in- struction shall direct the county superintendent to apportion to such district its per capita share of the general fund distributed 72 ANNOTATED SCHOOL LAWS during the remainder of the year, as provided in section seventy- two.— i?. 8. 5938 Note. Section 72 above referred to is section 99. Note. Report of secretary, section 116. 121. Treasurer countersign warrants — ^render accounts — fail- ure — penalty. It shall be the duty of the treasurer to counter- sign all warrants drawn by the president and secretary on the county treasurer, in favor of parties to whom the distiict has become lawfully indebted, and to keep an account of tbe same. He shall take charge of all moneys received by him on account of the district from the county treasurer, as provided in sections ninety-one and ninety-two of this act, and pay out the same as therein provided. He shall render a statement of the finances of the district, as shown by the records of his office at the close of each school year, and at any other time when required by the board. For a failure to perform any of the duties of his office when directed by the board, or for refusing or neglecting to deliver to his legally qualified successor all money, books, or other dis- trict property in his possesion or care, within ten days after the same shall have been demanded by such successor, he shall be liable on his bond, and shall make good any loss resulting to the district from such failure or neglect. — R. S. 5940 Note. Sections 91 and 92 above referred to are sections 22 and 31. 122. Delinquent officers — penalties. No superintendeiit or district officer shall receive any of the compensation, who has neglected or refused to perform any duty required by law, and any district officer so neglecting or refusing, when specially directed by a majority of the district board, shall lie deemed guilty of a misdemeanor, and it shall be deemed a violation of law for any person to draw or sign a warrant for the payment of such delinquent officer, and any person so signing a warrant shall be liable in double the amount of such warrant. — R. 8. 5941 123. Powers of directors. Any school board shall have power to make such by-laws for their own government and for the government of the public schools under their charge, as they may deem expedient, not inconsistent with the provisions of this act, or the instructions of the superintendent of public instruction. District boards of the first class shall also have power to fill any vacancy which may occur in the board, until the regular election, at which time the vacancy shall be filled for the unexpired term. — R. 8. 5924 Note. County superintendents fill vacancy, except in first class dis- tricts, section 95. STATE OF COLORADO 73 124. Powers of school boards. Every school board, unless otherwise especially provided by law, shall have power, and it shall be their duty: First — To employ or discharge teachers, mechanics and labor- ers, and to fix and order paid their wages; to determine the rate of tuition for non-resident pupils, and to fix the compensa- tion to be allowed the secretary for the time necessarily spent in the service of the district, as required by law, or as directed by the board; Provided, It shall be unlawful to pay any other mem- ber of the board, from the district funds, for his services as a member of such board. Second — To enforce the rules and general regulations of the state superintendent, to fix the course of study, the exercises and the kind of text books to be used ; Provided, That but one kind of text book of the same grade or branch of study shall be used in the same department of a school, and that after the adoption of any book, it shall not be changed in less than four years, unless the price thereof shall* be unwarrantably advanced, or the me- chanical quality lowered, or the supply stopped. Third — To provide for school furniture, and for everything needed in the school house, or for the use of the school board. Fourth — To rent, repair and insure school houses. Fifth — To build or remove school houses, and to purchase or sell school lots, when directed by a vote of the district so to do. Sixth — To hold in trust for their district all real or personal property for the benefit of the school thereof. Seventh — To suspend or expel pupils from school who refuse to obey the rules thereof, and to exclude from school, children under six years of age. Eighth — To determine the number of teachers that shall be employed, and length of time over and above three (3) months that the school shall be kept; to fix the time for the opening or closing of schools, and for the dismissal of primary pupils before the regular time for closing the schools. Ninth — To provide books for indigent children, on the writ- ten statement of the teachers that the parents of such children are not able to purchase them, and to furnish free text books for the use of all pupils, when authorized to do so by a majority vote of the district, as expressed at any regular or special meeting. Tenth — To require all pupils to be furnished with the proper and suitable books as a condition of membership in school. 74 ANNOTATED SCHOOL LAWS Eleventh — To exclude from school and school libraries all books, tracts, papers and other publications of an immoral or pernicious tendency. Twelfth — To require teachers to conform to the law. Thirteenth — To make an annual report, as required by law, to the county superintendent, on or before the first day of August of each year, in the manner and form and on the blanks pre- scribed and furnished by the superintendent of public instruction. Fourteenth — To make a report directly to the state super- intendent, whenever instructed by him so to do. Fifteenth — Whenever a pupil resides remotely from the school house in his district, and where a school house is more accessible in an adjoining district or county, such pupil shall be permitted to attend that school which is the most accessible, and be granted the same privileges as a resident of that district. Provided, The board may refuse to admit pupils from other dis- tricts upon the ground of insufficient room. In such case, the directors of the district wherein the said pupil resides shall pay a reasonable tuition to the district wherein the school is the most accessible, which said tuition shall be agreed upon by the two school boards affected; Provided, however, If they do not agree, the county superintendent or superintendents of the county or counties in which such district or districts so affected are located shall settle the prica of tuition. In case said two superintendents can not agree on the tuition to be paid, then the state superintend- ent of public instruction shall fix the sum of said tuition. Provided, further, that whenever any pupil outside a high school district desires to attend a high school within the county where such pupil resides, or in an adjoining county, and such pupil shall possess necessary qualifications for admittance thereto, the neces- sary tuition fees charged for the attendance of such pupil by said high school shall be paid by the school district in which such pupil resides up to two dollars and a half ($2.50) per month; Provided, however, that no high school be required hereunder to admit pupils from another district at a less charge per month than the average cost per pupil for the previous year for that high school ; Provided, further, that the Board of Directors of any district may pay more than two dollars and a half ($2.50) per month, but not exceeding the above-mentioned average cost. — R. S. 5925 ; amended S. L. '09, p. 488 ; amended S. L. 'IS, p. 573 Sixteenth — That School Boards of first, second and third class districts, in addition to the powers now conferred upon them STATE OF COLORADO 75 by law, shall have the power to provide for the interchange of teachers with school districts of other states ; provided, however, that the teachers exchanged shall teach but one year, the year's service outside of the state being credited to them as teaching in the district in which they are regularly employed when the inter- change is made. Provided, further, that the salaries of the Colo- rado teachers shall be paid by the Colorado school districts and the salaries of the teachers from outside of Colorado exchanged to teach in this State shall be paid by the school districts in their respective states. Provided, however, that no teacher shall be considered eligible for such an exchange, who has not taught at least five years in the district in which said teacher is exchanged. — /Sf. L. '15 125. Directors make financial statement. It shall be the duty of the boards of directors of all school districts in school districts of the first and second class in the several counties of this state to publish semi-annually, within twenty days after the close of business June 30th and December 31st of each year, a complete report of the financial conditions of said school district, showing all receipts and disbursements from each and every fund, so itemized as to give the general public definite information as to the financial condition of said district; such publication shall be made once in a newspaper of general circulation printed and pub- lished within said district ; Provided, That if there be no news- paper published within said district, then such publication shall be made once in a newspaper having a general circulation within said district.— /S'. L. '11, p. 582 126. Directors make financial statement in districts other than first and second. It shall be the duty of the boards of directors of all school districts in districts other than aforesaid to publish a complete report annually of the financial condition of their districts within twenty days after the close of business, June 30th of each year, showing all receipts and disbursements from each and every fund, so itemized as to give the general public definite information as to the financial condition of said district ; such publication shall be made once in a newspaper printed and published in said district; provided that if there be no newspaper published in said district, then such publication shall be made once in a newspaper having a general circulation within said district. — S. L. '11, p. 583 127. Penalty for failure to publish. The members of any school board who shall fail or refuse to make such publication as 76 ANNOTATED SCHOOL LAWS aforesaid, shall be subject to a fine not to exceed one hundred dollars for each offense. — 8. L. '11, p. 583 DRINKING CUPS IN SCHOOLS Note. Chapter 125, Sess. Laws '11, page 333, provides that it shall be unlawful for any person or board having charge of public places, including schoolhouses, to furnish any cup, or permit any cup, or other receptacle, to be used promiscuously as a common drinking cup, or to allow the same to remain in any such public place unless there shall be adequate provision for thoroughly sterilizing the same; and provides that any person violating such law shall be deemed guilty of a misdemeanor and be fined in a sum not less than five nor more than two hundred dollars. STATE OP COLORADO 77 DISTRICTS DISTRICTS, OFFICERS AND ELECTIONS 128. School districts to be bodies corporate. Each regu- larly organized school district heretofore formed, or that may be formed, as provided in this chapter, is hereby declared to be a body corporate, by the name and style of "School District No , in the county of , and State of Colorado," and in that name may hold property and be a party to suits and contracts, the same as municipal corporations in this state. — R. S. 5913 129. Legal school district — when second class districts become first class. Every school district in the state which now exercises the prerogatives of a school district, and the legality of whose organization has not been legally denied, and which has a board of directors, duly qualified according to law, and has exer- cised the rights and enjoyed the privileges of a legally and regu- larly established district for one year, shall be, and is hereby declared to be a legal school district, and all district officers shall hold office until their successors are qualified. When school dis- tricts of the second class shall attain a school population of one thousand or more, as shown by the annual census, at the next regular election thereafter, as provided in section 44 of this act (there shall be elected one director for three years, and one director for four years, and one director for five years, and annually thereafter one director for five years), as provided for in districts of the first class; and the persons so elected, together with the directors whose official terms have not expired, shall constitute, the new board, which board shall enter upon the duties prescribed by law for boards of directors of districts of the first class.— i2. S. 5916 Note. Section 44 above referred to is section 142 herein. Census showing one thousand — directors — election — appointment Note. That portion of section 129 of the School Laws Annotated included in brackets has been amended by implication by sections 110 and 142 herein, so that, in case the census of 1912 should show a thousand or more children of school age in a second class district, it would be the duty of the two hold-over members on the first Monday in May to appoint three members of the board to serve until the regular election of 1913, at which 78 ANNOTATED SCHOOL LAWS time two members shall be elected for six years, one member for four years and one member for two years. In case the census showed such number of children in 1913, then two members should be elected for six years and one for four years. If such showing were made in 1914, then three members should be appointed until the regular election of 1915; and then and thereafter the same procedure as above should be followed, and all vacancies occurring in even years should be filled only until the next regular biennial election, and then elected in numbers and for periods of time to correspond with the provisions of section 110 herein. 130. Legal districts — what constitutes. All school districts now formed, or which may hereafter be formed, which shall con- tinue to exercise, undisputed, the prerogatives, and enjoy the privileges of a legally formed district, for the period of one year next succeeding the election of its officers, shall be deemed to be a legally formed district, and its legality shall not thereafter be questioned. — R. S. 5917 ORGANIZATION OF DISTRICTS, ETC. 131. Organization of new districts — petition — unorganized territory. For the purpose of organizing a new district out of a portion of one or more old districts, the parents of at least ten children of school age residing within the limits of the proposed new district, shall petition the county superintendent, in writing, which petition shall describe the boundaries of the proposed dis- trict, and the names of all children of school age residing in such proposed district at the date of said petition; and said list of names shall be held to be the census list of said district until the next regular census shall be taken, and if any names are found on said list, and also on other census list for the current year, if the county superintendent is satisfied [that] the children so named are bona fide residents of the proposed district, he shall strike such names from the lists of the old districts, when the organization of the new district is complete. If, in the judgment of the county superintendent, the school interest of the districts affected by the proposed change will be best promoted by said change, he shall direct some one of the petitioners who is a legal voter, to notify each elector residing within the district so to be formed, by personal service as far as convenient, and to post a notice in three public places in said new district, that such peti- tion has been made, and that a meeting will be held, naming the time and place for such meeting, to determine the question of the proposed organization. People living upon unorganized territory may organize themselves into a school district at any time, with- STATE OF COLORADO 79 out a petition, if a majority of the legal voters residing within the proposed district shall so decide at a meeting, of which reasonable notice has been given to all resident voters, and which meeting shall be conducted as is now provided by law for the organization of new districts ; Provided, That, in addition to the copy of the proceedings now required by law, the secretary shall also trans- mit to the county superintendent a certified list of all children of school age who are residents in good faith in said district at the date of the organization, which list shall be held to be the census list of said district until the next regular school census.— 72. *Sf. 5907 132. New districts — how organized — election of directors. The qualified electors of such proposed new district when assem- bled in accordance with the notice above required, shall organize by electing a chairman and secretary. Every legally qualified elector, and none other, shall be entitled to vote at such meeting. After the organization of such meeting, as above mentioned, a vote shall be taken by ballot on the question whether or not the proposed district shall be organized. Those in favor of organiza- tion shall vote "yes," and those opposed "no." If two-thirds of the legal voters so voting are found to be in favor of such organi- zation, and not otherwise, the meeting shall proceed to elect by ballot a board of directors of said district, who shall hold office until the ensuing regular election, as provided in section forty- four of this act. The secretary of said meeting shall immediately transmit to the county superintendent a copy of the proceedings '^' of the meeting, upon receipt of which, if the proceedings are found to have been in accordance with law, he shall establish and number such district and enter a record of the same, and of the proceedings of the meetings, as provided in section twenty-four of this act; Provided, If such organization of a new district works, great hardship to any head of a family, a statement of the facts! ^ may be submitted to the superintendent, and two disinterested! ^ ' persons, one to be named by the superintendent and one by th^ \ ^ person affected,] and if, in their judgment, good cause be shown for the transfer, he may be transferred to another district ; Pro- vided, further, That no district shall hereafter be divided for the purpose of forming a new district, unless it contains an area of more than nine square miles or has an assessed valuation of more than twenty thousand dollars and forty children of legal school age, nor shall a district be divided, if by so doing the remainder of the district shall be found to contain less than twenty persons 80 ANNOTATED SCHOOL LAWS of school age, and, when practicable, the district shall conform to government lines; Provided, also. That no city or town shall hereafter be divided into two or more districts, nor shall the dis- tricts of the first class be divided, except upon a vote of the electors of the district, submitted at an annual election, a majority of all the votes cast being in favor of such division.- — R. S. 5908 Note. Sections 24 and 44 above referred to are sections 96 and 144 herein. 133. Uniting two or more districts — territory annexed or detached — unorganized territory. Two or more contiguous dis- tricts may be united into one district. For the purpose of effect- ing such union, each district shall, at a special meeting legally called for the purpose, determine by ballot whether or not a majority of the legal voters assembled are in favor of such union. Those in favor will vote "yes" and those opposed "no." If a majority of the voters present in each district vote in favor of a union, a union meeting shall be called by giving at least ten days' public notice, at which meeting the organization shall be perfected by the election of officers and other necessary proceedings, in the same manner as provided for the organization of districts in sec- tion twenty-eight of this chapter: Provided, That where a first class district is joined in such union with a district, or districts, of a lower class, the board of directors of such first class district shall be held to be the board of directors for the united district, and the members thereof shall be entitled to serve the unexpired portion of their respective terms as such directors of said united district ; and the board or boards of directors of the lower class districts in said united districts shall cease and determine upon notice from the county superintendent of schools that such dis- tricts have been united under the provision of this act. Upon receiving notice from the county superintendent of such union of districts, it shall be the duty of the county treasurer to transfer all funds belonging to said districts to the credit of the new dis- trict thus formed. Provided, That when one or more of the districts so united, previous to the time of being united, shall have incurred a bonded indebtedness, such districts alone shall be subject to the same, and that none of the other districts uniting under this act shall be held in any manner subject to such indebt- edness or interest thereon. A portion of unorganized territory may be annexed to a school district, or a portion of one district may be detached from said district and annexed to a contiguous district, by the county superintendent, upon petition, in either STATE OF COLORADO 81 case, of a majority of the legal voters resident within the territory to be so annexed, subject, always, to the limitation of section twenty-eight. Provided, That when there are children of school age, resid- ing upon unorganized territory, and a majority of the legal voters of such territory shall neglect or refuse, after being given thirty days' notice in writing by the county superintendent, to petition to be annexed to a contiguous district, the county superintendent may attach such unorganized territory to a contiguous school dis- trict in the same manner as though such petition had been pre- sented to him.— ^. L. '11, p. 580 Note. Section 28 above referred to is section 132 herein. 134. Organization of joint districts. A joint school district may be formed from territory belonging to two or more contigu- ous counties. For the purpose of organizing a joint district, the same preliminary steps shall be taken, and the same course pur- sued, as is provided for the organization of other districts, in sections twenty-seven and twenty-eight. Such district shall be designated as "Joint District No , of the counties of and' , " and shall be so numbered that it shall have the same number in all the counties from which it is formed. The petition required by sec- tion twenty-seven shall be made to each county superintendent interested, who shall unite in forming such districts; Provided, That the school census, the record of attendance at school, the assessing of property, the collection of taxes, and all other acts which from their nature should be separately kept or done, shall be kept and done, and the reports thereof made, as if each portion of said joint district belonging to each county were an entire district in the respective counties. The teachers of such joint district shall have a certificate from the superintendent of the county in which the school house is located. No joint district shall be annulled except by the consent of the county superin- tendents of the counties in which such district is located; Pro- vided, That when any joint district desires to be annulled for the purpose of forming separate districts, it shall require a majority of the voters constituting said joint district, at a meeting called for such purpose. — R. S. 5911 Note. Sections 27 and 28 above referred to are sections 131 and 132 herein. 135. When a new district shall be entitled to public school money — proviso. No new district, formed as provided in sections 82 ANNOTATED SCHOOL LAWS twenty-seven and twenty-eight of this chapter, shall be ^titled to any portion of the public school money until a school has actually commenced therein, and unless within six months from the establishment of such district a school be opened and main- tained, as required by law, the action making such district shall be void, and all actions had by such district, acting as a body corporate, shall cease and determine, and all taxes which may have been levied in the old district or districts out of which the new one was formed, shall be valid and binding upon the real and personal property of the new district, the same as if said new district had never been organized; Provided, That the county superintendent may, for good cause, extend the said six months to eight months; said time of limitation shall begin to run from the time of the meeting at which it was voted to organize the district; whenever any district shall, for the period of one year, fail to maintain a school and to keep up its organization of officers, and to make annual report as required by law, the county superin- tendent may declare such district annulled, and annex its terri- tory to adjoining district or districts. — R. 8. 5910 Note. Sections 27 and 28 above referred to are sections 131 and 132 herein. CONSOLIDATED DISTRICTS 136. Consolidation defined. For the purpose of this act the word ''consolidation" is hereby defined as providing for the abolishment of certain adjoining school districts and their organi- zation into one special school district, and for the conveyance of pupils to one consolidated school. — S. L. '09, p. 492 137. School boards may submit question. The school boards of two or more adjoining school districts may submit the question of consolidation, and upon the petition of not less than one-fourth of the qualified electors of such school districts, must submit such question to a vote of the qualified electors of such districts. For the purpose of determining the question, the secretary of the school board in each district affected shall, by giving legal notice, call a special meeting to be held at the usual place of holding school district elections. The legally qualified electors when assembled in accordance with the notice above specified shall vote by ballot for or against such consolidation. Those in favor will vote "For consolidation" — ^Yes, those opposed, ''For consolida- tion" — No. If at said election more votes are cast against the proposition for consolidation than for it the question shall not be STATE OF COLORADO 83 again submitted to the electors of said adjoining districts for a period of one year. — S. L. '09, p. 492 138. Call meeting to organize district. If a majority of the electors vote in favor of consolidation it shall then be the duty of the school board in the district affected which has the largest school enumeration to call a union meeting by giving at least twenty days' public notice in each district affected, at which meeting the organization of the consolidated district shall be per- fected by the election of officers and other necessary procedure. After the organization of the union meeting is completed by the election of a chairman and secretary it shall proceed to elect, by ballot, a board of directors for such consolidated district, consist- ing of a president, a secretary and a treasurer, who shall be held to constitute the board of directors of such consolidated district until the next annual school election, at which election one presi- dent shall be elected for a term of three years, one secretary for two years and one treasurer for one year, and annually thereafter a person to fill the vacancy occurring. Provided, That when a district of the first class is joined with a district or districts of a lower class the board of directors of said first class district shall be held to be the board of directors of the consolidated district and shall serve out the term for which they were elected. — S. L. '09, p. 492 139. Purchase site — erect building — transport children. As soon as the organization of a special school district as herein con- templated shall have been perfected and its officers elected, it shall be the duty of the school board of such consolidated school district, if necessary, to purchase a site and erect a suitable build- ing thereon, and said school board is hereby required to maintain and support a graded course of instruction, and may include a high school course of not less than two years, and may at its discretion furnish transportation to and from school to all pupils living one mile or more from the consolidated school or building. Said distance to be measured from the enclosure immediately sur- rounding their residence to the school house property along the public highway, provided, that the person or persons employed for the purpose of transporting the pupils to and from school shall be required to give a reasonable bond for the faithful perform- ance of duties as prescribed by the school board. — S. L. '11, p. 579 140. When new district entitled to share of funds — appor- tionment. When a new district is formed from one or more old ones, the school funds remaining to the credit of the district, 84 ANNOTATED SCHOOL LAWS after providing for all outstanding debts, excepting debts incurred for building and furnishing school houses, shall be divided as follows: The basis of division for the school fund shall be the school population, as shown by the last school census before the division of the district or districts occurred, and shall apply such funds as remain to the credit of said old district or districts at the time of the organization of said new district, and each district shall receive funds in proportion to its per cent, of the said census. In case of division, each district shall own and hold all permanent property, such as sites, school houses and furniture, situated within its boundaries. All division of funds under this provision shall, be made by the county superintendent, and when there are unpaid special taxes on the county tax book belonging to a dis- trict at the date of its division, the county treasurer, upon being notified of such division by the county superintendent, shall retain all money received in payment of said special tax until the same shall be apportioned by the county superintendent, whose duty it shall be to apportion said money monthly,, between the fractions of the divided district, according to the location of the property on which said tax was levied. At the first apportionment after the organization of a new district, the county superintendent shall apportion to such district its per capita proportion of the general fund, but no money, either from the general or special fund, shall be paid out of the county treasury on account of such district until a school [house] shall have been begun therein in good faith.— i2. S. 5912 141. Districts may hold real estate — proviso. It shall be lawful for any school district in this state to take and hold, under the provisions of any law now or hereafter in force providing for the exercise of the right of eminent domain, so much real estate as -may be necessary for the location and construction of a school house and convenient use of the school; Provided, That the real estate so taken otherwise than by the consent of the owner thereof, shall not exceed in districts of the first class, three acres, if real estate be unplatted, and not exceeding one block if real estate be platted, and in districts of all other classes, not exceeding one acre. — B. 8. 5914 Note. Chapter 31 referred to is the chapter on "Eminent Domain." — R. S., chap. xiv. STATE OF COLORADO 85 ELECTIONS 142. Annual elections — notices posted — ^publication — ^ballot. The regular election for electing members of school boards or boards of education shall be held biennially in each school dis- trict of the first class, and annually in each school district of the second and third classes on the first Monday in May, beginning with the year 1911, at which time it shall be lawful in school districts of the third class to transact any business pertaining to schools and school interests. The secretary of each school board shall cause written or printed notices to be posted, specifying the day and the place or places of such election, the boundaries of election precincts, if any, and the time during which the ballot box or boxes shall be kept open, not less, however, than three hours in districts of the second and third classes, and further specifying at what hour and place any other business shall be transacted. In districts of the first class the ballot box or boxes shall be kept open from seven o'clock a. m. to seven o'clock p. m. Said notices shall be posted in at least three public places in the district, and additionally at each school house, at least six days prior to the time of election; and in districts of the first class, said notice shall be published weekly for the four weeks next preceding such election, in some newspaper published in the district, and if there be no paper published in such district, then in a paper published in an adjoin- ing district ; provided that in those districts having a school popu- lation of more than three thousand the said notice shall be posted as aforesaid at least eight weeks previous to the time of election and published in a newspaper as aforesaid once each week for a period of eight weeks next preceding such election. If the secre- tary shall fail to give such notice, then any two legal voters re- siding in the district may give such notice over their names, and such election may be held after the day fixed by this act for such election.—^. L. '11, p. 588 First class district — section amended Note. Section 142 herein provides that the regular election for elect- ing members of school boards in first class districts shall be held biennially on the first Monday in May, 1911. Section 110 provides that at the regular election in 1913, and every six years thereafter, there shall be elected two 86 ANNOTATED SCHOOL LAWS directors; in 1915, and every six years thereafter, two directors; in 1917, and every six years thereafter, one director; and that the term of office of all directors of first class districts shall be six years. This means that the vacancy occurring by the expiration of the present five-year-term director, expiring in 1912, must be filled by the board until the regular election of 1913, at which time another five-year term will have expired, and two directors can then be elected for six years, in accordance with the present law. In 1914 another five-year term expires, to be filled by the board until the regular election of 1915, when another expires, and two members can be elected for six years. In 1916 the last five-year term expires, and the vacancy must be filled until the regular election of 1917, when the fifth member of the board is elected for six years. Directors — second and third class districts — election Note. Prior to the enactment of Section 110 herein second and third class districts were grouped under three general heads, on account of the fact that like officers were elected in different years. This classification will no longer exist after 1913, as the present law provides that the term of the'president in all second and third class districts shall expire in 1914, that of the treasurer in 1915 and that of the secretary in 1916. Until the election of 1914, however, the various officers should be elected in the different groups at the general school election in the years and for the periods of time, as follows: In the first group, organized prior to March 20, 1877, in 1912, a president for two years; if a vacancy in office of treas- urer, a treasurer for three years; if a vacancy in office of secretary, a secretary for one year. In 1913, a treasurer for two years; if a vacancy in office of president, a president for one year; if a vacancy in office of secretary, a secretary for three years. In the second group, organized between March 20, 1877, and April 4, 1887, in 1912, a secretary for one year; if a vacancy exists in office of president, a president for two years; if a vacancy in office of treasurer, a treasurer for three years. In 1913, a president for one year; if a vacancy in office of treasurer, a treasurer for two years; if a vacancy in office of secretary, a secretary for three years. In the third group, organized since April 4, 1887, in 1912, a treasurer for three years; if a vacancy in office of secretary, a secretary for one year; if a vacancy in office of president, a president for two years. In 1913, a secretary for three years ; if a vacancy exists in office of president, a president for one year; if a vacancy in office of treasurer, a treasurer for two years. In new districts, a board elected at other than a general election holds over until the regular election, at which time a president shall be elected whose term expires in 1914, a treasurer whose term expires in 1915, and if such regular election is in 1912, a secretary for one year only, but if such election is in 1913 or later, a secretary should be elected whose term expires in 1916 or every three years thereafter. Census sliowing one thousand — directors — election — appointment Note. That portion of section 129 of the School Laws Annotated, 1912, included in brackets has been amended by implication by sections STATE OF COLORADO 87 110 and 142 herein, so that, in case the census of 1912 should show a thousand or more children of school age in a second class district, it would be the duty of the two holdover members on the first Monday in May to appoint three members of the board, to serve until the regular election of 1913, at which time two members shall be elected for six years, one member for four years and one member for two years. In case the census showed such number of children in 1913, then two members should be elected for six years and one for four years. If such showing were made in 1914, then three members should be appointed until regular election of 1915; and then and thereafter the same procedure as above should be followed, and all vacancies occurring in even years should be filled only until the next regular biennial election, and then elected in numbers and for periods of time to correspond with the provisions of section 110 herein. 143. Electors — directors — qualifications — ^publish names — ballots — ^registration — county clerk furnish — judges — challengers — watchers — fraudulent — voting — oaths — certificate — taxpayers — bribery — fraud. Every elector qualified to vote at a general election, having been a resident of the school district for thirty days next preceding the date of election shall be entitled to vote at school elections, provided that he has been first duly registered as hereinafter provided in this act, for districts having a school population of more than three thousand. In districts of the first and second classes any person who may desire to be a candidate for the office of school director shall file a written notice of such intention with the secretary of the school district in which he resides at least eight days prior to the date for the holding of the election of school directors, pro- vided that in districts of the first class the said candidate or can- didates, in addition to filing such written notice shall also file a certificate of nomination signed by not less than fifty qualified electors of said district, which certificate of nomination shall contain the name of the office for which such person or persons is nominated, the name. Post Office address and residence of each of such persons, and if in a city the street number of residence and place of business, and the secretary of said school district shall, for five consecutive days preceding the day of said election publish in some daily newspaper published in said district, or when no daily newspaper is published in such district, then by posting a printed or written notice in not less than five public places in such district and at each school house in such district, the names of all candidates who have been nominated as above provided. — Held to be unconstitutional : Little John vs. People, 52 Colo., 226. »» ANNOTATED SCHOOL LAWS In districts of the first and second classes the said secretary shall have printed ballots prepared bearing the names of all candi- dates so nominated, which names shall be arranged in alphabet- ical order, according to the surnames of the candidates ; and on the ballot shall be printed such words as will indicate the number of directors or members of the board of education to be elected. All such ballots shall be uniform in every respect and of sufficient length and width to allow all the names of the candidates to be printed in clear plain type, and so as to give each elector an opportunity to designate by a cross-mark (X) in a sufficient mar- gin at the right of the name of each candidate, his choice of candi- dates. There shall be printed on the back of each ballot the fol- lowing endorsement : ''Official Ballot of School District No in the County of and State of Colorado," together with the date of the election and a facsimile of the signature of the secretary of the school district. In school districts having a school population of more than three thousand, no person shall hereafter be permitted to vote at any school election, without first having been registered in the manner required by the provisions of this act. Any person possessing all the qualifications of an elector in any school district, whose name appears on the registration list made according to law for the general election of county officers in the county in which the school election precinct in which such person resides is situated next preceding any school election in such district shall be entitled to vote at such school election. In school districts having a school population of more than three thousand, any person possessing all the qualifications of an elector, whose name does not appear upon the registration list of the voting precinct, in which he resides, made according to law for the next preceding general election of county officers in his county may, not less than thirty days, nor more than sixty days prior to the time of any school election, appear before the county clerk of the county in which he resides, or if the district is not located in the county seat, appear before the secretary of the school board of the district in which he resides, and, upon making oath before said county clerk or district secretary of his qualifica- tions as an elector, and answering to said county clerk or district secretary all the questions required by law to be answered for reg- istration for a general election, cause his name to be placed upon STATE OF COLORADO 89 the registration list for such school election by said county clerk or district secretary. The county clerk of each county wherein there shall be one or more school districts having a school population of more than three thousand shall prior to the time of holding any election in said school district make a full and complete copy of the regis- tration list of the qualified voters of each school election pre- cinct as the same shall be designated and bounded by the board of directors or the board of education of any such school dis- trict having a school population of more than three thousand, which list shall contain the names of the qualified voters accord- ing to the registration list made for the next preceding general election of county officers, together with such changes, additions and amendments as shall have been made by said county clerk in making new registrations as provided by this act, and shall certify the same under his hand and official seal, and shall deliver the same to the secretary of such school district not less than five days prior to the time of the holding of an election in said school district. The said school district shall pay to the county clerk as his fee for making and certifying said registration lists the sum of one cent for each and every name therein contained or added thereto by new registration. In districts of the first and second classes the board of directors or board of education may, not less than sixty days prior to the time of the holding of any school election divide the district into such number of election precincts as they shall see fit and fix the boundaries of the same, and in each case they shall designate one voting place in each of said election precincts. Immediately .upon so dividing said districts the secretary of any school district having a school population of more than three thousand shall certify to the county clerk of the county in which the said district is situated the limits and boundaries of said election precinct. "Whenever the board of directors or board of education shall divide a district into election precincts they shall, prior to the time of holding such election, appoint three judges for each of the said election precincts, each of whom shall be a qualified elector of the school election precinct for which he is appointed, who shall not be members of the school board. In school districts of the third class the directors or members of the board of education shall act as judges, and each voter shall 90 ANNOTATED SCHOOL LAWS prepare his own ballot by writing the name of the candidate or candidates for whom he wishes to vote on a piece of paper. In case one or more judges of election shall be absent at the time and place stated in the notice for the opening of the polls and ballot boxes, one or more duly qualified electors shall be chosen by viva voce vote of the qualified electors present to fill the vacancy or vacancies. Any person offering to vote at any school election in any dis- trict may be challenged by any legally qualified elector of the district and thereupon the judges of election or one of them may require him to answer, under oath, such questions touching his qualifications as a voter as they see fit. One of the judges shall administer to him the oath, as follows : "I do solemnly swear or affirm that 1 am a citizen of the United States ; that I have resided in this state for one year immediately preceding this election; in this county ninety days and in this school district thirty days. That I am twenty-one years of age and that I have not previously voted at this election, so help me God." If the person so challenged shall refuse to make such oath or affirmation, his vote shall be rejected. Each candidate voted upon at any school election in any school district shall have the right to appoint in each school election precinct any person who is a qualified elector of such school district, to remain with the polling places during the casting and counting of votes and the declaration of the result thereof. Such watcher may also act as challenger when there is reason to believe that any person about to vote is not entitled to vote at such election precinct. If any elector shall vote more than once or having voted once shall offer to vote again at any school election or shall deposit or offer to deposit in the ballot box at any school election more than one ballot, he shall be deemed guilty of a crime and upon conviction thereof he shall be fined not less than fifty dollars and shall be imprisoned in the county jail for not less than three months. Prior to the time of any school election, the secretary of each school district of the first class shall provide ballot boxes and cause to be prepared two duplicate poll-books for each voting place in his district. On the first page of said poll-books shall be printed a blank form of oath, to be taken by each of the judges of election, substantially as follows : "I, , do solemnly swear (or affirm) that I will perform the duties of judge of election according to STATE OP COLORADO 91 law, and to the best of my ability ; that I will studiously endeavor to prevent fraud, deceit and abuse in conducting same; that 1 will not try to ascertain how any electors shall vote, and if in the discharge of my duties such knowledge comes to me, I will not disclose the same unless required to do so in some court of justice, so help me God." Subscribed and sworn to before me this, day of A. D. Judge. ' ' The said oath shall be taken and subscribed by each of the judges of election before any votes shall be received. Any of the judges of election shall have the power and authority to admin- ister said oath. The next succeeding several pages of said poll-books shall con- tain in one column, a series of numbers beginning with the number one and in an adjoining column, spaces opposite said numbers, in which a judge of election shall write the names and addresses of the electors as they respectively present themselves for voting. On one of the latter pages of said poll-books shall be printed a blank form of certificate of return, substantially as follows : "To the Board of Education of School District No in the County of , in the State of Colorado : At an election held at in election pre- cinct No of said school district on the day of A. D , the following named persons received respectively the number of votes placed opposite their names for the office of director or member of the board of education of said school district, to-wit : A. B. received votes. C. D. received . votes. E. F. received votes. G. H. received votes. The whole number of votes cast was The number of excess ballots was The number of unused ballots J. K., O. P., L. M., Judges." 92 ANNOTATED SCHOOL LAWS In school districts having a school population of more than three thousand, when any elector appears for voting he shall give his name and place of residence to one of the judges. If his name shall be found on the registration list, and if the judges shall be satisfied that he is a qualified elector, his name and ad- dress shall be entered by the judge of election having charge of the poll-books in the column prepared for that purpose provided that it shall be entered in each poll-book opposite the same num- ber. The other judge shall thereupon write on the back of a blank ballot with ink, or indelible pencil, the number opposite that elector's name in the poll-book, together with his (the judge's) initials, and shall hand the ballot to the elector, who shall retire with it within the enclosure and prepare it for casting by marking a cross (X) opposite the names of those candidates for whom he desires to vote, or by drawing a line or lines through the names of those candidates for whom he does not wish to vote or by otherwise indicating his choice. After having prepared his ballot, the elector shall return the same to the judge from whom he received it, so folded as to expose the number and initials written on the back thereof by the judge, but not disclose the marks. on the face thereof indicating the elector's vote. That judge shall examine the number and the initials on the back of said ballot, and if they indicate that it is the same one which was issued to that elector, the judge shall again write his initials on the back of the same, and return it to the elector, who shall deposit it in the ballot-box. Provided, however, that at all elections held for voting upon a proposition to create or contract a debt by loan for the purpose of erecting or furnishing school buildings, or purchasing school grounds, only such qualified electors of the district shall vote thereat as shall have paid a school tax in such district for the year next preceding such election. If any person shall falsely personate a voter and shall vote under the name of such voter he shall be deemed guilty of a crime and upon conviction thereof, he shall be fined not less than fifty dollars and shall be imprisoned in the county jail for not less than three months. It shall be unlawful for any person, directly or indirectly, by himself or through any other person, (a) To pay, loan or contribute, or offer or promise to pay, loan or contribute, any money or other valuable consideration to or for any voter to vote or refrain from voting at any school STATE OF COLORADO 93 election provided by law, or to induce any voter to vote or refrain from voting at such election for any particular person or persons, or to induce such voter to go to the polls, or remain away from the polls at such election, or on account of such voter having voted or refrained from voting for any particular person, or having gone to the polls or remained away from the polls at such election. (b) To give, offer or promise any office, place or employ- ment, or to promise or procure or endeavor to procure any office, place or employment, to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any school election provided by law, or to induce any voter to vote or refrain from voting at such election for any par- ticular person or persons. (c) To advance or pay, or cause to be paid, any money or valuable thing to or for the use of any person, with the intent that the same or any part thereof shall be used in bribery at any school election provided by law, or to knowingly pay or cause to be paid any m.oney or other valuable thing to any person in dis- charge or repayment of any money, wholly or in part, expended in bribery at any such election. Any person convicted of any of the offenses mentioned in paragraphs (a), (b) and (c) of this act shall be punished by a fine of not less than fifty dollars nor more than five hundred dol- lars, or imprisonment in the county jail for not less than six months nor more than one year, or by both fine and imprisonment. If any elector at any school election shall be guilty of wilful and corrupt false swearing or affirmation by any oath or affirma- tion prescribed by law in the conduct of such election, such per- son shall be deemed guilty of perjury and upon conviction thereof shall be punished by a fine of not less than fifty dollars or to exceed five hundred dollars or imprisonment in the county jai] not to exceed one year. If any judge or clerk of a school election shall knowingly and wilfully permit any person to vote at any school election who is not entitled to vote thereat, or shall knowingly and wilfully permit any persons to vote more than once at such election, or shall knowingly and wilfully permit any person to deposit more than one ballot in the ballot box at such election, or shall be guilty of any fraud in the conduct of any such election, or shall know- ingly permit the commission of any fraud or deceit on the part of any other person in the conduct of such election, such judge 94 ANNOTATED SCHOOL LAWS or clerk shall be deemed guilty of a crime, and upon conviction thereof shall be fined not less than fifty dollars and shall be imprisoned in the county jail for not less than three months. — S. L. '11, p. 58^ Note. See Qualifications of Electors, article VII, section 1, consti- tution. 144. Counting votes — special election — excess ballots — dis- position of poll books — canvass of votes — contest. Immediately after the close of the polls the judges shall open the ballot box and proceed to count the votes polled, and shall continue to count without adjournment until finished. If, for any cause, no election be held at the regular time, or if, upon counting the votes, there be a tie vote for any one or more of the officers, a special election shall be called by the board within ten days, and notice thereof given as required in section 5918 of the revised statutes of the state of Colorado of 1908, as hereby amended. A failure to give the prescribed notice of such special election shall render the election void. If in school districts of the first class it shall be found that the number of ballots in the box or boxes exceeds the number of names entered in the poll books, the judges of election without unfolding the ballots, shall examine the endorsement on the backs of the same, and, if in their opinion any one or more of them is spurious, they shall be separated from the others unopened, and shall not be counted, but shall be enclosed in a package by them- selves, marked ''excess ballots" and returned to the ballot box. A record of the number of such excess ballots shall be made and certified to the board of directors or board of education in the certificate of returns. As soon as all the ballots shall have been counted the judges shall make out the certificate of returns in each poll-book in duplicate, under their hands, stating the number of votes east, the number of excess ballots, and the number of unused ballots and the number of votes received by each candidate in both words and numerical figures. One of the poll-books, together with the registration list of voters, shall be enclosed and sealed under cover, and forthwith delivered by one of the judges to the secretary of the board of education or board of directors of said school district. After the ballots have been counted they shall be returned to the ballot box, together with one of the poll-books ; the ballot box STATE OP COLORADO 95 shall thereupon be closed, locked and sealed by the judges of election and shall forthwith be returned to the secretary of the board of directors or board of education of that school district by one of the judges other than the one designated to return the poll- books and registration list. If the judges of election can not agree upon the question of which of them shall return the poll- books and registration list, and which the ballot box, all three of the judges shall return both together. Upon receiving the ballot box and the poll-books and regis- tration list the secretary of the board of directors shall give his receipt therefor. Immediately upon receiving all the returns of election the secretary shall call a meeting of the board of direct- ors or board of education to meet not more than twenty-four hours later. At such meeting the board of directors or board of education shall proceed to open and examine the said certificate of returns and shall canvass the votes cast, and it shall be the duty of the said board immediately upon the conclusion of such canvass to make out and deliver a certificate of election to the candidates who shall receive the highest number of votes, or where there is more than one vacancy to be filled, to those candi- dates who shall receive the highest number of votes, which said certificate shall be signed by the president and secretary of the board and bear the impression of the corporate seal of the board. The board of education shall preserve the ballot boxes unopened and intact until thirty days prior to the next school election, when the secretary shall open the same and burn their contents, unless the board shall be required to produce them in court of justice. Proceedings to contest the election of any person declared duly elected as a member of the board of education of any district in this state may be instituted by any qualified elector of such school district. Such proceedings shall be instituted within ten days after the votes cast at such election are canvassed. The county court of the county wherein a school district shall be situated shall have jurisdiction for the adjustment of all con- tests for the office of director or member of the board of education of any school district. In such cases the rules of practice and procedure in contested elections for the office of sheriff shall apply, as far as applicable. — S. L. '11, p. 596 145. Applies to all school elections. The general provisions of sections 44, 45, 46, shall be applicable to all school elections. 96 ANNOTATED SCHOOL LAWS whether general or special, or for whatever purpose held. — B. S. 5921 Note. Sections 44, 45 and 46 above referred to are sections 143 and 144. STATE OP COLORADO 97 ELECTORS 146. Qualifications of electors. Every person over the age of 21 years, possessing the following qualifications, shall be enti- tled to vote at all elections : First — He shall be a citizen of the United States. Second — He shall have resided in this state one year immedi- ately preceding the election at "vvhich he offers to vote; in the county, 90 days; in the city or town, 30 days; and in the ward or precinct, 10 days. — R. S. 2146 Note. Section 143 also requires that a person voting at a school election, in addition to the above qualifications, must reside in the school district thirty days previous to the school election. See also, article X, section 1, of constitution. 147. Women vote — qualifications. That every female person shall be entitled to vote at all elections, in the same manner in all respects as male persons are, or shall be entitled to vote by the constitution and laws of this state, and the same qualification as to age, citizenship, and time of residence in the state, county, city, ward and precinct; and all other qualifications required by law to entitle male persons to vote shall be required to entitled female persons to vote. — R. 8. 2147 148. Powers of electors at meetings. The qualified electors of districts of the third class, when assembled at any regular or special meeting shall have power : First — To appoint a chairman and secretary in the absence of the regular officers. Second — To adjourn from time to time, as occasion may require. Third — To fix the site for each school house, taking into con- sideration in doing so the wants and necessities of the poeple of each portion of the district. " Fourth — To order such tax on taxable property of the district as the meeting shall deem sufficient for any of the following pur- poses. To pay teachers ; to purchase or lease a suitable site for a school house or school houses ; to build, rent or purchase a school house or school houses ; and to keep in repair and furnish the same with the necessary fuel and appendages ; for procuring libraries for the schools, books and stationery for the use of the board and 98 ANNOTATED SCHOOL LAWS district meetings, and to defray all other contingent expenses of the district. Fifth — To direct the sale or other disposition to be made of any school house, or the site .thereof, and of such other property, real or personal, as may belong to the district, and to direct the manner in which the proceeds arising therefrom shall be applied. Sixth — To transact generally such business as may tend to promote the cause of education, in accordance with the provisions of this act. Seventh — To adopt any rules of order for the government of district meetings not incompatible with the provisions of this act, and to alter and change the same from time to time, as occasion may require. — R. S. 5955 See Sec. 124. STATE OP COLORADO 99 EXAMINATIONS 149. Examination of teachers — deputy — compensation. On the third Thursday in August, December and March in each year he shall meet all persons, of not less than eighteen years of age, desirous of passing an examination as teachers, in some suitable room at the county seat, notice of which shall be given in some newspaper in the county, or in case there is no paper published in the county he shall give such notice as may by him be deemed necessary, at which time he shall examine all such applicants in orthography, reading, writing, arithmetic, English grammar, geography, history, and constitution of the United States and the constitutions of Colorado, civil government, physiology, natural sciences, theory and practice of teaching, and the school law of the state. If the applicant is to teach in a school of high grade, the examination shall extend to such additional branches of study as are to be pursued in such school. If satisfied of the compe- tency to teach and of the good moral character of the applicant, he shall give such applicant a certificate, as provided in the fol- lowing section, but he shall not issue a certificate except one of like grade unless the applicant be examined at the regular state examinations. He may, however, in case of emergency, recognize county teachers' certificates issued in this or other states by endorsing thereon the word "Good" until the next regular county examination; Provided, That the certificates so endorsed shall be in full force at the date of such endorsement, and shall not be renewed, extended, nor show a previous endorsement thereon. If the attendance upon the examination at the county seat shall work a great hardship to five or more teachers in the county, the county superintendent may provide* for such teacher or teachers to take the examination at some convenient place, and the county superintendent may appoint some suitable person to conduct such examination, who shall without delay report to the county' super- intendent the written answers of each applicant. Such person shall be entitled to five dollars ($5.00) per day for conducting such examination, and such services shall be certified by the county superintendent to the county commissioners. — R. S. 5991 Note. For teaching languages other than English and music and drawing, see section 383. 100 ANNOTATED SCHOOL LAWS Scholastic examination — bar Note. The law under whicli the rules for admission to practice law in this state were formulated will be found in 3 Mills' (Rev.), 206-206b. This law does not enter into details, but empowers the supreme court, by virtue of its provisions, to designate the character of the examination to which applicants must submit. The rules governing admission to the bar of Colorado, adopted by the supreme court September 13, 1897, and amended May 4, 1898, make the following provision: "(c) Applicants who are not members of the bar, as above prescribed, shall present a thirty-count certificate from the regents of the university of the state of New York, or shall satisfy said committee that they gradu- ated from a high school or preparatory school whose standing shall be approved by the committee, or were admitted as regular students to some college or university, approved as aforesaid, or before entering upon said clerkship or attendance at a law school, or within one year thereafter, or before September 13, 1899, they passed an examination before the state superintendent of public instruction, in the following subjects: English literature, civil government, algebra, quadratic equations, plane geometry, general history, history of England, history of the United States, and the written answers to the questions in the above-named subjects shall be examined as to spelling, grammar, composition and rhetoric. The said examinations shall be conducted in connection with the regular county examination of teachers." Note. Those desiring to take this examination must notify the state superintendent of public instruction at least thirty days previous to the regular county examination, giving their full name and address and the county in which they wish to take the examination. Preliminary examination — dental Note. Each student seeking admission to any college of this asso- ciation shall have completed an accredited high school course or shall successfully pass an examination the equivalent of such high school course. This examination and the examination and verification of all certifi- cates shall be conducted by a state superintendent of public instruction, or his appointee. — National Association of Dental Faculties. STATE OF COLORADO 101 FINES 150. Justice report — fines. Every justice of the peace or other magistrate by whom any fine or penalty has been imposed which under the statute should be paid into the general school fund, shall at the next regular quarterly meeting of the board of county commissioners submit an itemized report showing date of trial, title of case, nature of offense and amount of fine, giving amounts collected, amounts uncollected, and accompany said reports with receipts from the county treasurer for amounts so collected and paid over to him. — R. S. 3874 151. County treasurer render statement. The county treas- urer, at the time of rendering to the county superintendent of schools his quarterly certificate of taxes collected (as provided in section sixty-six of chapter XCVIl being general section three thousand and sixty-one of the general statutes of the state of Colorado) shall show separately in said certified statement the amounts received from fines and by whom paid in. — R. S. 3875 FINES UNDER FEDERAL STATUTES 152. For the willful setting on fire of timber and underbrush on public domain. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. — Federal Criminal Code, 52 153. Fine for leaving unattended fires in or near forest timber. "Whoever shall build a fire in or near any forest timber, or other inflammable material upon the public domain shall, before leaving said flre, totally extinguish the same ; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year or both. — Federal Criminal Code, 53 154. Fines collected paid to public school fund. In all cases arising under the two preceding sections the fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated. — Federal Criminal Code, 54 102 ANNOTATED SCHOOL LAWS FLAGS 155. Directors purchase flag — flagstaff — display. The school directors of the several school districts in this state may pur- chase or cause to be purchased a suitable American flag of standard bunting, not less than eight by twelve feet in size, and they may erect and maintain or cause to be erected and main- tained upon each public school building or the grounds belong- ing thereto, a suitable flagstaff with the necessary appliances for displaying said flags, and may cause said flag to be displayed upon said staff upon all national and state holidays, the first and last days of each school term, and such other occasions as such school directors shall prescribe. — R. 8. 5928 156. Each department keep flag. Every school within this state may have placed and kept in a conspicuous position in each department thereof at least one American flag of standard bunt- ing, not less than three by five feet in size. — R. S. 5929 157. Expense of purchasing and care of flag. It shall be lawful for the school directors of each school district in this state to pay for said flags and staffs and to provide for the proper care and maintenance of the same, from any special school funds which they may have in their hands or which may be subject to their order, or to include the expense thereof in the next annual esti- mate for school expenses, or in any tax levy for school purposes; and the expense thereof for any public school shall be met by said directors or other officers charged with the duty of raising or appropriating any money for school purposes as any other necessary expenses or expenditures for school purposes are raised. —R. S. 5930 158. Applies to all institutions. This act shall be held to apply to all institutions directlj^ or indirectly under the control of the state of Colorado or any of its officers, and it shall be the duty of such officer to see that this act is complied with. — R. 8. 5931 159. Injury to flag. Any person who shall wilfully injure, deface, or destroy any flag, flagstaff, or other material placed in any room or building or upon any building or school grounds for the carrying out of this act, shall be deemed guilty of a mis- demeanor and punished accordingly.— i?. 8. 5932 STATE OF COLORADO 103 160. Superintendent of public instruction publish act. It shall be the duty of the superintendent of public instruction to publish this act in connection with the school law of this state. — R. S. 5933 161. Display of flag other than United States — exception. It shall be unlawful to display any flag upon any state, county or municipal buildings in this state, except the flags of the United States; Provided, however. That whenever any foreigner shall become the guest of the United States, or of the state of Colorado, or of any city of this state, or upon the occasion of the visit of any foreign minister, envoy or ambassador in his official or repre- sentative capacity, the flag of the country of which such person shall be a citizen may be displayed upon such public buildings; and it shall be unlawful to display the flag of any anarchistic society upon any public or private building or in any street pro- cession or parade within the state of Colorado. — R. S. 2597 162. Violation. Any violation of this act is hereby declared a misdemeanor and shall be punished by a fine of not less than fifty nor more than five hundred dollars. — R. 8. 2598 STATE FLAG 163. State flag adopted — description of. That a state flag be and the same is hereby adopted to be used on all occasions when the state is officially and publicly represented, with the privi- lege of use by all citizens upon such occasions as they may deem fitting and appropriate. Said flag shall consist of three alternate stripes to be of equal width and at right angles to the staff, the white stripes being the middle one, the proportion of the flag being a width of two-thirds of its length. At a distance from the staff end of the flag of one thirty-sixth of the total length of the flag, there shall be a circular red C, of the same color as the red in the national flag of the United States. The diameter of the letter one-sixth of the width of the flag. The inner line of the opening of the letter C shall be three-fourths of the width of its body or bar, and the outer line of the opening shall be double the length of the inner line thereof. Completely filling the open space inside the letter C shall be a golden disk; attached to the flag shall be a cord of gold and silver, intertwined, with tassels one of gold and one of silver. All penalties provided by the laws of this state for the misuse of the national flag shall be applicable to the said state flag. — S. L. '11, p. 611 104 ANNOTATED SCHOOL LAWS 164. Concerning secret fraternities — sororities or societies — and forbidding school children to join the same — and concerning persons who cause or encourage children to violate this act. (1) It shall be unlawful for any pupil, registered as such, and attending any high school, district, primary, or graded school which is partially or wholly maintained by public funds, to join, become a member of, any secret fraternity, sorority or society wholly or partially formed from the membership of pupils attending any such schools, or belong to or take part in the organization or formation of any fraternity, sorority or society, except such societies or associations as shall be sanctioned by the boards of directors of the school districts wherein such schools are main- tained. (2) The boards of directors of all school districts shall enforce the provisions of Section 1 of this act, and shall have full power and authority to make, adopt, and modify all rules and regula- tions which in their judgment and discretion may be necessary for the proper governing of such schools and enforcing all the provisions of Section 1 of this act. (3) The boards of directors of school districts shall have full power and authority, pursuant to the adoption of such rules and regulations made and adopted by them, to suspend or dis- miss any pupil or pupils of such schools therefrom, or to prevent them, or any of them, from graduating or participating in school honors or in organizations of any kind connected with such schools when, after investigation, in the judgment of such boards of directors, such pupil or pupils are guilty of violating any of the provisions of Section 1 of this act, or who are guilty of violat- ing any rule, rules, or regulations adopted by such boards of directors for the purpose of governing such schools or enforcing Section 1 of this act. (4) It is hereby declared to be unlawful for any person to cause, solicit, induce or encourage any pupil or pupils of such schools to join any such fraternity, sorority, society or associa- tion mentioned in Section 1 hereof, or to solicit any such pupil or pupils to attend any meeting for the purpose of what is commonly known as "rushing" or to induce or solicit, any such pupil or pupils to join any fraternity, sorority, society or organization organized outside of said school, except such societies or associa- tions as shall have been first sanctioned by the board of directors of the school district wherein such school is maintained. Any person, registered as pupil in any high school, district, primary STATE OP COLORADO 105 or graded school, who shall violate the provisions of this act, or any rule or regulation of the board of directors of the school dis- trict vi^herein such school is maintained for enforcing the pro- visions of this act, is hereby declared to be a delinquent child and may be proceeded against and dealt with accordingly under the laws of this state concerning delinquent children. Any other person who shall violate any provision of this act, or advise or encourage any pupil to violate the same or any such regulations made by school authorities to carry out the provisions of this act, shall be deemed guilty of violating the laws of this state concern- ing persons who cause, encourage or contribute to the delinquency of children and shall be proceeded against under the laws and be dealt with accordingly. — S. L. '13, p. 575 106 ■ ANNOTATED SCHOOL LAWS FUNDS GENERAL SCHOOL FUNDS 165. General school fund for building purposes — proviso. It shall be illegal for any school board to appropriate or cause to be used any money belonging to the general school fund, for the purpose of building, furnishing or erecting additions to any school house, or for the purchase or improvement of any school house, site or lot ; Provided, That if any portion of the aforesaid school fund remains to the credit of any district after the pay- ment of all expenses necessary to the support of a public school for a period of ten months in any one year, in said district, it shall be lawful for the district board to use such balance for any of the purposes provided for in section 51 of this chapter. — R. S. 5898 Note. Section 51 referred to in this section is section 124. Note. Public contracts, section 235. EMERGENCY FUND 165a. Permanent school emergfency fund. There is hereby created a ''Permanent School Emergency or Call Fund." Said fund shall be under the control of the state superintendent of public instruction as hereinafter provided. — S. L. '11, p. 142 166. Fund to be transferred from general school income fund. There is hereby transferred and set over from the general school income fund to the "Permanent School Emergency or Call Fund" the sum of forty thousand dollars for the purpose of carrying out the provisions of this act. — S. L. '11, p. 142 Note. The governor approved the above section to the amount of twenty thousand dollars. 167. Treasurer to be custodian of fund. Said "Permanent School Emergency or Call Fund" shall remain in the hands of the state treasurer and any interest earned thereon or arising from the investment thereof shall be credited to said fund and become a part thereof.— /S'. L. '11, p. 142 168. Fund when used. "When on account of unavoidable misfortune or casualty any public school district in this state is in financial distress and the special school tax and apportionment of the school funds are not sufficient to provide proper and neces- sary school facilities in such school district, the superintendent STATE OP COLORADO 107 of public instruction may with the approval and consent of the governor and attorney general order the payment from the "Per- manent School Emergency or Call Fund," to such public school district of such an amount as may be necessary to provide neces- sary school facilities in said public school district. — S. L. '11, p. 143 169. Payments when made. Payments shall be made from the "Permanent School Emergency or Call Fund" only upon the presentation of sufficient and satisfactory evidence that the school district making application for relief under the provisions hereof is by reason of unavoidable misfortune or casualty, in financial distress and that the special school tax and apportionment of school funds are not sufficient to provide proper and necessary school facilities in such public school district, and that such finan- cial distress will continue for at least one school year unless relieved under the provisions hereof. — ;S. L. '11, p. 143 170. Amount expended in one year. The amount to be expended from the "Permanent School Emergency or Call Fund" in any one year for all purposes shall not exceed the total sum of twenty thousand dollars. — ^. L. '11, p. 143 Note. The governor approved of tlie above to the extent of ten thou- sand dollars instead of twenty thousand dollars. 171. Gifts — contributions. Any appropriation hereafter made and any gifts or contributions to the "Permanent School Emergency or Call Fund" shall be subject to all the provisions of this act.— ^S. L. '11, p. 143 172. Vouchers approved by governor and attorney general. The auditor is hereby authorized to draw his warrant on the state treasurer in payment of any voucher issued against the "Perma- nent School Emergency or Call Fund," signed by the superin- tendent of public instruction and approved by the governor and attorney general. — 8. L. '11, p. 143 Note. The attorney general holds that no moneys can be used from above fund for building purposes. 173. Moneys under act congress — apportionment. That all moneys to which the various counties of the state of Colorado are now or may hereafter become entitled under the act of congress of May 23, 1908, or other acts, in which counties a forest reserve, or any portion thereof is situated, shall at the beginning of each fiscal year and every six months thereafter be awarded and appor- tioned through the proper state officials of this state to such counties in proportion to the area of the forest reserve in each 108 ANNOTATED SCHOOL LAWS county; and such apportionment of said funds shall be deter- mined by the state auditor, and the state auditor is authorized and directed to draw warrants upon the state treasurer in favor of the county treasurer of each county for the amount due each county under the apportionment and made direct to the county treasurers of said counties, and in accordance with the so-called agricultural appropriation act of congress, approved May 23, 19*08, and the county commissioners of said county shall direct the said fund to be credited as follows, to-wit : Not less than 5 per cent, of said sum shall be expended for either roads or school funds in the discretion of the board of county commissioners. — S. L. '09, p. 35 NORMAL INSTITUTE FUND 174. Applicant for teacher's certificate pay fee. Each appli- cant for a teacher's certificate at any regular county examination, and each successful applicant for a renewal or endorsement of a certificate, or for the issue of a like grade certificate, shall pay for the privilege of such examination, renewal, endorsement or issue of like grade certificate, a fee of one dollar, which shall be col- lected by the county superintendent of schools and forwarded, with his report of each examination, to the superintendent of public instruction. — R. S. 5992 175. Fees turned into state treasury constitute normal insti- tute fund. All fees thus collected and remitted to the superin- tendent of public instruction shall be turned over to the state treasurer and shall constitute a state normal institute fund. — 7?. /Sf. 5993 176. Apportionment of normal institute fund. At the time of apportioning the state school fund in July of each year the superintendent of public instruction shall apportion a state normal institute fund equally among the normal institute districts of the state, and the sum accredited to each normal institute district shall be transmitted to the custodian of the normal insti- tute fund thereof in the same manner as each county's apportion- ment of the state school fund is now transmitted to the county treasurer ; and each district 's apportionment of the state normal institute fund shall be applied and expended in the same manner and for the same purposes as the fund of each normal institute district has heretofore been applied and expended. — it. 8. 5892 STATE OF COLORADO 109 PENAL FUND 177. What fines paid to school fund — accounts — collector failing to pay — penalty — duty of superintendent. All fines, pen- alties and forfeitures provided by this act may be recovered by action of debt, in the name of the people of the state of Colorado, for the use of the proper school district or county, and shall, when they accrue, belong to the respective districts or counties in which the same may have been incurred ; and the county treasurers, for their counties, are hereby authorized to receive and cause to be placed to the proper credit such forfeitures. Except as otherwise provided by law, all sums of money derived from fines imposed for violation of orders of injunction, mandamus and other like writs, or for contempt of court, shall be paid into the school fund of the county wherein the contempt of such violation was com- mitted; and the clear proceeds of all fines collected within the several counties of the state for breach of the penal laws, and all funds arising from the sale of lost goods and estrays shall be paid over in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued, and shall be by him credited to the general county school fund. He shall indicate in such entry the source from which such money was derived. Any officer or per- son collecting or receiving any such fines, forfeitures or other moneys, and refusing and [or] failing to pay over the same, as required by law, shall forfeit double the amount so withheld and interest thereon at the rate of five per cent, per month during the time of so withholding the same ; and it shall be a special duty of the county superintendent of schools to supervise and see that the provisions of this section are fully complied with, and report thereupon to the county commissioners semi-annually or oftener, if required by them. — R. S. 5897 Note. The "act" above referred to means original "school act." Note. County treasurer make report of fund, section 151. Note. Justice report fines, section 150. FUNDS NOT LOANED OR INVESTED 178. Officer not convert or use funds. If any officer appointed or elected by virtue of the constitution of this state, or any law thereof, as an officer, agent or servant of an incorporated city, town, municipal township, school district, or county, or other subdivision of this state, shall convert to his own use in any way whatever, or shall use, by way of investment in any kind of prop- 110 ANNOTATED SCHOOL LAWS erty or merchandise, or shall make way with or secrete any por- tion of the public funds or moneys, or any valuable securities by him received for safe-keeping, disbursement, transfer, or for any other purpose, or which may be in his possession, or over which he may have the supervision, care or control, by virtue of his office, agency or service, or under color or pretense thereof, every such officer, agent or servant shall, upon conviction, be punished by imprisonment not less than five years. — R. S. 1821 179. Officer not loan funds. No such officer, agent or servant shall loan out, with or without interest, any money or valuable security received by him, or which may be in his posses- sion or keeping, or care or control, by virtue of his office, agency or service, or under color or pretense thereof, and any such officer, agent or servant, so loaning such money or valuable secur- ity, on conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year, or by a fine not less than five hundred dollars.— i?. S. 1822 180. No benefit from deposit of funds. If any such officer, agent or servant shall make any contract or agreement with any person or persons, bodies or body corporate, or other association, by which such officer, agent or servant is to derive any benefit or advantage, directly or indirectly, from the deposit with such person or persons, body or bodies corporate, or other association, of any moneys or valuable securities held by such officers, agents or servants, by virtue of his office, agency or employment, such contract shall, as to such officer, agent or servant, be utterly null and void ; but the person or persons, body or bodies corporate, or other association, shall be liable to the county, city, town, town- ship or school district where funds are deposited, in an action for the recovery of all such benefits or advantage as would, by the terms of such contracts or agreement, have accrued to such officer, agent or servant; and payment to the officer, agent or servant shall not protect the person or persons, body or bodies corporate, or other association, against an action of recovery brought by the county, city, town, township or school district whose funds are so deposited.— 72. B. 1823 181. Penalty. Any such officer, agent or servant who shall make any such contract or agreement as described in the last section of this act, or who shall receive any benefit or advantage, directly or indirectly, from the deposit of any money or valuable security held by him as such officer, agent or servant, or over STATE OP COLORADO 111 which he has control, care or supervision, by virtue of his office, agency or service, shall, upon conviction thereof, be punished by imprisonment in the penitentiary not less than one year or by fine not less than five hundred dollars. — R. 8. 1824 182. Permanent funds from sale of school lands — how invested. Permanent funds arising from the sale of the school lands of the state of Colorado remaining uninvested may be loaned out by the treasurer of the state of Colorado at the direc- tion of the state board of land commissioners to the state military board "provided the total loans so made shall at no time exceed the military poll-tax collected in the preceding biennial period," for the purpose of purchasing or acquiring lands, buildings, tene- ments and appurtenances, or erecting buildings, necessary for use as armories for the organized militia of the state of Colorado ; such necessity for the acquiring of said lands, buildings, tene- ments and appurtenances or erection of buildings for use as armories for the organized militia of the state of Colorado shall be determined by the state board of land commissioners and said state military board. Said loans may be directed by said state board of land com- missioners in such .amount or amounts, and upon such terms as to payment and rate of interest thereon, not exceeding five per centum per annum, as may be mutually determined by said board of land commissioners and said state military board, and shall be secured by mortgage or deed of trust upon said lands, buildings, tenements and appurtenances so acquired or erected for armories, which said lands, buildings, tenements and appurtenances shall be free and clear of liens and incumbrances, save and except the loans made to it out of the said permanent fund as herein pro- vided.— /Sf. L. ^ii, p. 599 183. Permanent fund reimbursed from military poll-tax fund. The permanent fund arising from the sale of school lands of the state of Colorado shall be reimbursed by the military board from the military poll-tax fund at a rate of not less than ten thousand dollars per annum. — 8. L. '11, p. 600 112 ANNOTATED SCHOOL LAWS HAZING 184. Hazing unlawful. It shall be unlawful for any person to engage in any of these practices commonly called "Hazing" or in any acts of torturing, tormenting, or in any way maltreating a fellow inmate, employe or student. — R. S. 1661 185. Punishment for hazing. Any person found guilty of the violation of the provisions of the first section of this act shall be deemed guilty of a misdemeanor and shall upon conviction be fined not less than five nor more than fifty dollars. — R. S. 1662 186. Punishment for hazing in educational institutions. Any officer, teacher, or student connected with any of the state institutions of this state who shall be found guilty of violating the provisions of this act, shall, if a teacher or employe, be dismissed from the further service of such state institution, and if a student, his conviction shall work expulsion from the state institution he may be attending, in perpetuum. — R. 8. 1663 187. Hazing — jurisdiction of justice of the peace. Any jus- tice of the peace of the county wherein any of the offenses herein described may be committed shall have jurisdiction of complaints coming within the provisions of this act. — R. S. 1664 STATE OF COLORADO 113 GARNISHMENTS 188. School districts subject to garnishment. That all counties, school districts and municipal corporations shall be subject to garnishment upon writs of attachment and execution in the same manner that private corporations and persons are now, or may hereafter be subject to garnishment under such writs.— fi'. L. '11, p. 445 189. Provisions apply to all salaries, wages, etc. That it is hereby declared that no provision of this act is contrary to public policy, and that the provisions of this act are meant to apply to all salaries, wages, credits, moneys and all choses in action, whether the collection of the same might be enforced by any action in court, by the writ of mandamus, or in any manner what- soever. — S: L. '11, p. 445 Note. School districts subject to garnishment, see garnishments, section 188 herein. 114 ANNOTATED SCHOOL LAWS HIGH SCHOOLS COUNTY HIGH SCHOOLS 190. Counties classified. For the purposes of this act the several counties of this states shall be classified with reference to population and divided into five classes as provided by sections 2565, 2566 and 2567 of the revised statutes of Colorado, 1908, as follows : The city and county of Denver, unless otherwise provided in the charter thereof, shall be first class ; El Paso, Teller and Pueblo counties shall be second class; Boulder, Fremont, Lake, Pitkin, Las Animas and Weld counties shall be third class; Adams, Arapahoe, Chaffee, Clear Creek, Conejos, Costilla, Delta, Douglas, Eagle, Garfield, Gilpin, Gunnison, Huerfano, Larimer, La Plata, Logan, Mesa, Montrose, Morgan, Ouray, Otero, Park, Prowers, Jefferson, Rio Grande, Routt, Saguache, San Miguel and San Juan counties shall be fourth class; Archuleta, Baca, Bent, Cheyenne, Custer, Dolores, Elbert, Grand, Hinsdale, Kiowa, Kit Carson, Lincoln, Montezuma, Mineral, Phillips, Rio Blanco, Sedgwick, Summit, Washington and Yuma counties shall be fifth class. The counties of the fourth class shall be divided into two divisions, known as "A" and ''B." The counties comprising division "A" shall be Adams, Arap- ahoe, Chaffee, Clear Creek, Conejos, Douglas, Garfield, Gilpin, Gunnison, Huerfano, Jefferson, Larimer, La Plata, Mesa, Otero, Ouray and San Miguel; and the counties comprising division "B" shall be Costilla, Delta, Routt, Eagle, Logan, Montrose, Morgan, Park, Prowers, Rio Grande, Saguache and San Juan. — 8. L. '09, p. 397 191. Petition for organization — county superintendents — submission to voters. On the petition of fifty voters having the qualifications hereinafter prescribed, of any county of the second, third, fourth or fifth class, the county superintendent of public schools of such county shall give notice not less than twenty days before any regular meeting now or which may hereafter be pro- vided by law, for electing members of school boards in the respective districts of the state, that the question of organizing the county into one high school district for high school purposes, STATE OF COLORADO 115 will be submitted to the qualified voters of the respective school districts in the county, at such meeting. Qualified voters of a joint school district who may reside in any county proposing to organize as aforesaid, shall be entitled to vote at said meeting. — 8. L. '09, p. 398 Note. For different kinds of public schools and how maintained, see note 1, section 238. High schools — kinds Note. There are three kinds of high schools authorized by the laws of this state — county high schools, union high schools, and district high schools — and each is entirely separate and distinct from the others. While county and union high schools may be composed of all class districts, a district high school can be maintained only in a first or second class dis- trict, although there is no law to prevent a third class district from adding certain of the so-called high school branches. Section 206 provides that no district shall be taxed for more than one kind of high school without its consent. When a county high school is being organized, districts with a high school, or in a union high school district, may vote against the county high school. If a majority vote against such organization, such district shall be excluded from the county high school district. County high schools — how maintained Note. County high schools are maintained by their quota of the general school fund and from a tax levy, not to exceed four mills, made by the county commissioners and collected as other taxes. 192. Election notices posted twenty days — contents. The county superintendent shall cause to be posted in the manner hereinafter prescribed, notices in each school district in the county, that such petition has been made and that at the next regular meeting for electing members of school boards, the ques- tion of organizing the county into one high school district for high school purposes, will be submitted to the qualified voters of the district. The secretary of each school board shall, under the direction of the county superintendent, cause written or printed notices to be posted in his district, specifying the purpose, the day and the place or places of such election, and the time during which the ballot box or boxes shall be kept open, not less, how- ever, than three hours. The time and place specified in such notice shall be the same time and place at which the regular election of members of the school board shall be held. Said notices shall be posted in at least three public places in the dis- trict, one of which shall be the school house, if there be one, at least twenty days previous to the time of such election. — S. L. '09, p. 398 116 ANNOTATED SCHOOL LAWS 193. Who may vote — form of ballot — judges. Every legally qualified elector of his district entitled to vote for members of school boards, and none other, shall be entitled to vote at such meeting upon such question of organization. After the organiza- tion of the meeting for the election of members of the school board, the qualified electors shall proceed to vote by ballot on the question whether or not the proposed high school district for high school purposes, shall be organized. Those in favor of organiza- tion shall vote "For the organization," and those opposed, "Against the organization." The ballots upon the question of organization shall be deposited by the voters in a separate ballot box to be provided by each school district for said purpose. The president, secretary and treasurer of the district school board shall act as judges of the election and should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy. — 8. L. '09, p. 398 194. Canvass — certificates sent county superintendent. Immediately after the closing of the polls the judges shall open the ballot box and proceed to count the votes polled, and the counting thereof shall be commenced and continued until finished before the judges shall adjourn. As soon as all the ballots shall have been counted, the judges shall make out a certificate under their hands certifying the whole number of votes cast upon the question of organization and the number of votes cast for organi- zation and the number of votes cast against organization. Said certificate, together with the ballots cast upon the question, shall then be enclosed and sealed up under suitable cover, and directed to the county superintendent of the county in which such election is held, and the packet thus sealed shall be sent by registered letter, where practicable, otherwise it shall be conveyed by one of the ju.dges of the election, to be determined by lot if they can- not agree otherwise, within three days after the closing of the polls.— ;Sf. L. '09, p. 399 195. County superintendent announce result — call directors — elect committee. On the tenth day after the close of the elec- tion, or sooner if all the returns be received, the county superin- tendent of the county shall proceed to open the said returns and determine the result of the election therefrom. Said county superintendent shall make and permanently preserve in his office a record of the total number of votes cast upon the said question of organization, and the number of votes cast for organization and against organization. If it shall appear from such record STATE OP COLORADO 117 that the majority of the votes cast on the question of organizing the county into one high school district for high school purposes, shall be in favor of such organization, the county superintendent of public schools of such county, shall by notification by mail and by publication where practicable, call a meeting of the directors of the respective districts of said county, which meeting shall be held at the office of said county superintendent not later than thirty days after the election herein provided for. Such meeting shall be organized by the election of a temporary chairman and secretary, and the directors present shall then proceed to elect by ballot from among the members of said boards of directors, four persons, who with the county superintendent of public schools as an ex officio member, shall be known as the high school committee. No two members of any board of directors shall at the same time be members of the high school committee, except in counties where there are less than four districts. Immediately after its election as aforesaid, the committee shall select from its members a president and a treasurer. The county superintendent of schools shall be ex officio the secretary of the committee. — S. L.-'09, p. 399 196. Term of members of high school committee — vacancy — how filled. The term of office of each member of the high school committee shall expire simultaneously with the expiration of his term of office as a director of the school district wherein he resides, and the vacancy thus created shall be filled by the direct- ors of the various school districts of the county, at a meeting held at the office of the county superintendent not later than thirty days after the occurrence of the vacancy. The secretary of the committee shall give each director at least ten days' notice by mail of the holding of such meeting. All vacancies caused in any other manner than by expiration of term of office shall be filled by appointment by the county superintendent of public schools. — 8. L. '09, p. 400 197. Meetings of committee — regular — special. The regular meetings of the high school committee shall be held on the first Saturday of March, June, September and December in each year, and special meetings may be held upon call of the president or secretary of the committee or upon request of any two members thereof.— >Sf. L. '09, p. 400 198. High school district a body corporate. Each regularly organized high school district heretofore formed, or that may be formed, as provided in this act, is hereby declared to be a body 118 ANNOTATED SCHOOL LAWS corporate, by the name and style of " county high school district in the state of Colorado," and in that name may hold property and be a party to suits and contracts, the same as municipal corporations in this state.— ^. L. ^09, p. 400 199. May hold real estate. It shall be lawful for any high school district in this state to take and hold, under the provisions of any law now or hereafter in force providing for the exercise of the right of eminent domain, so much real estate as may be necessary for the location and construction of a high school build- ing or buildings and convenient use of the high school. — S. L. ^09, p. 401 200. Powers and duties of committee. Every high school committee, unless otherwise provided by law, shall have the power, and it shall be their duty : First — To employ or discharge teachers, mechanics and laborers, to fix and order paid their wages, and to determine the rate of tuition for non-resident pupils. Second — To enforce the rules and general regulations of the state superintendent, to fix the course of study, the exercises and kind of text books to be used ; Provided, That but one kind of text book of the same grade or branch of study shall be used in the same department of a high school, and that after the adoption of any book, it shall not be changed in less than four years, unless the price thereof shall be unwarrantably advanced, or the mechanical quality lowered, or the supply stopped. Third — To provide for school furniture, and for everything needed in the high school building, or for the use of the high school committee. Fourth — To rent, repair and insure high school buildings. Fifth — To build or remove high school buildings, and to pur- chase or sell school lots when directed by a vote of the high school district so to do. Sixth — To hold in trust for their high school district all real or personal property for the benefit of the high school thereof. Seventh — To suspend or expel pupils from the high school who refuse to obey the rules thereof. Eighth — To determine the number of teachers that shall be employed and the length of time in each year during which the high school shall be kept, and to fix the time for the opening or closing of the high school. STATE OP COLORADO 119 Ninth — To provide books for indigent children on the written statement of the teachers that the parents of such children are not able to purchase them, and to furnish free text books for the use of all pupils, when authorized to do so by a majority vote of the high school district, as expressed at any regular or special meet- ing. Tenth — To require all pupils to be furnished with the proper and suitable books as a condition of membership in the high school. Eleventh — To exclude from the high school and its libraries all books, tracts, papers and other publications of an immoral or pernicious tendency. Twelfth — To require teachers to conform to the law. Thirteenth — To make an annual report, as required by law, to the county superintendent, on or before the first day of August of each year, in the manner and form and on the blanks prescribed and furnished by the superintendent of public instruction. Fourteenth — To make a report directly to the state superin- tendent whenever instructed by him so to do. Fifteenth — Whenever a pupil resident in one high school dis- trict desires to attend the high school in another high school district, such pupil shall be permitted to do so; Provided, That the high school committee may refuse to admit pupils from other high school districts upon the ground of insufficient room. — 8. L. '09, p. 401 201. Powers and duties of president. The president, when present, shall preside at all meetings of the high school committee and of the high school district; shall sign all orders on the county treasurer for the payment of money ; Provided, however, That no orders shall be drawn upon the county treasurer except in favor of parties to whom the high school district has become lawfully indebted. He shall appear in behalf of his high school district in all suits brought by or against the same, but when he is individu- ally interested this duty shall be performed by the secretary, and in the absence of the president the secretary shall preside at the committee and district meetings. — S*. L. '09, p. 402 202. Powers and duties of secretary. The secretary shall keep an accurate account of the expenses incurred by the high school district, and shall present the same to the committee when- ever called upon. He shall give the required notice of all regular and special meetings as herein authorized. He shall keep the 120 ANNOTATED SCHOOL LAWS same records and make the same reports as are now or may here- after be required by law to be kept and made by secretaries of public school districts. — 8. L. '09, p. 402 203. Powers and duties of treasurer. The treasurer shall countersign all warrants drawn by the president and secretary on the county treasurer, in favor of parties to whom the high school district has become lawfully indebted, and keep an account of the same. He shall take charge of all moneys received by him on account of the high school district from the county treasurer, as now provided by law, and pay out the same as by law pro- vided. He shall render a statement of the finances of the district, as shown by the records of his office, at the close of each school year and at any other time when required by the committee. The treasurer shall perform such additional and be subjected to such additional obligations as are now or may hereafter be imposed by law upon the treasurers of public school districts. — S. L. ^09, p. 403 204. Powers and duties same, directors first and second classes. Each high school district heretofore formed or that may be formed, as provided in this act, shall exercise all the powers and perform all the duties that are at the time of the adoption of this act accorded to and required of directors of first and second class districts throughout the state; Provided, That the amount of tax certified to the county commissioners for the main- tenance of the high school- in any high school district, shall in no case exceed four mills on the dollar, of the assessed valuation of the high school district.— ;8'. L. '09, p. 403 205. Tax levied by county commissioners — collected and paid out by county treasurer on warrant president and secretary. The county commissioners of any county wherein is a high school district heretofore organized according to law, or where any high school district is organized under the provisions of this act, or heretofore organized as a union high school at any county seat, under section 5956 of the Revised Statutes of Colorado of 1908, shall levy annually, at the time of levying taxes for other pur- poses, a high school tax on all the taxable property of the county, said tax not to exceed four mills on the dollar of the assessed valuation. The high school tax shall be assessed and collected in the same manner as other taxes are assessed and collected and shall be paid out by the county treasurer on warrant drawn by STATE OP COLORADO 121 the president and secretary of the high school committee and countersigned by the treasurer thereof. — ;S^. L. ^09, p. 403 206. High school districts subject to provisions of this act. All high school districts organized and now existing under the provisions of chapter 100 of the Session Laws of Colorado, 1899, being "An act to provide for the establishment and support of high schools in counties of the fourth and fifth classes," approved April 8th, 1899, or under chapter 219 of the Session Laws of Colorado, 1907, being "An act to amend an act entitled an act to provide for the establishment and support of high schools in counties of the fourth and fifth classes," approved April 9th, 1907, are hereby declared to be duly organized high school dis- tricts under the provisions of this act, and entitled to enjoy all the privileges and exercise all the powers conferred by this act, and shall hereafter be subject to the provisions of this act; Pro- vided, That no school district in any county shall be taxed with- out its consent for the support of more than one class or kind of high school, the establishment of which is authorized by law; and in voting on the organization of a county high school district under the provisions of this act, any school district then maintain- ing a high school or any school districts then organized into a union high school district and maintaining therein a union high school may by voting against the organization of a county high school district be excluded from such county high school district ; but if any school district maintaining a high school or districts maintaining a union high school shall, under the provisions of this section, vote against the organization of a county high school district, the ballots cast in such district or districts shall be con- sidered only upon the question of exclusion and shall not be considered in determining the final result upon the question of organizing a county high school district. And providing, further, That any school district maintaining a high school, or any dis- tricts organized into a union high school district and maintaining therein a union high school, may abandon such high school organ- ization and organize under the provisions of this act. — S. L. '09, p. 407. UNION HIGH SCHOOLS 207. Union high school — how established. Whenever the school boards of two or more contiguous school districts shall each deem it advisable to establish a union high school, the county superintendent shall, at the request of two of the secretaries of 122 ANNOTATED SCHOOL LAWS the boards, call a meeting of the boards interested by giving per- sonal notice to each member, which meeting shall elect by ballot from among the members of said boards, if a majority of the members of each board are present, a committee of three, to be known as the high school committee of such union school. The county superintendent shall be, ex officio, an additional member of said committee, and shall preside at the meetings thereof. There shall be elected a secretary of such committee, and if need be a treasurer. In any case in which the county seat of any county shall be all included in one school district the board of such school district shall have the same powers of establishing and organizing a high school as are hereby given to the boards of two or more contiguous school districts, and in such case the high school committee shall be the board of such school district, or such three members as they may select. High schools formed under the provisions of this section shall be open to children from all districts of the county in which they are so formed, provided, such children are qualified, as hereinafter provided. — B. S. 5956 The Board of County Commissioners of any county where a Union High School has been organized at any county seat by the Board of the school district at such county seat, under Section 5956 of the Kevised Statutes of Colorado of 1908, shall not levy a levy on the taxable property of such county outside of the High School district at such county seat, for the support of any such High School, and such High School shall not be open to children from districts of the county outside of such High School district at such county seat, except upon payment of such tuition as is or may be provided by law. Nothing herein, however, shall be held to prevent the levying of a tax upon the taxable property of the district where such High School is located, for the support thereof; nor to prevent the levying of a tax for the support of a High School organized in any other manner provided by law.^ — S. L. '15 Note. Union high schools in counties of fourth and fifth classes, section 214. Note. For different kinds of public schools see note 1, section 238, herein. Union high schools — lS. L. '09, p. 513 APPENDIX FORMS FOR THE USE OF SCHOOL OFFICERS AND TEACHERS No. 1. Oath of School Officers (See §§83, 93 and 111.) State of Colorado, ) County of ) I, , do solemnly swear (or affirm) that I will faithfully perform the duties of of school district No , in the county of to the best of my ability; that I will carefully keep and preserve all records, books and other .property of the said district that may come into my hands, and deliver the same to my lawful successor in office ; and that 1 will support the constitution of the United States and of the state of Colorado, so help me God. [Seal] Subscribed and sworn to before me this day of , 19 Note. The foregoing oath, should be taken before a county superin- tendent, notary public, justice of the peace, or some officer duly author- ized by law to administer oaths. The county superintendent's oath should be filed with the county clerk within thirty days after his election, and the oath of district officers should be filed with the county superintendent within thirty days after their election. No. 2. Oath of Judges of Election I, , do solemnly swear (or affirm) that I will perform the duties of judge of election according to law and to the best of my ability; that I will studiously endeavor to prevent fraud, deceit and abuse in conducting same; that I will not try to ascertain how any electors shall vote, and if in the discharge of my duties such knowledge comes to me, 1 will 196 ANNOTATED SCHOOL LAWS not disclose the same unless required to do so in some court of justice, so help me God. Subscribed and sworn to before me this day of , A. D Judge. No. 3. Oath of Witness on Appeal to County Superintendent You do solemnly swear (or affirm) that in the matter of the appeal of from the decision or order of the board of directors of school district No , of county, Colorado, now being heard by the county superintendent of schools of said county, you will tell the truth, the whole truth, and nothing but the truth, so help you God. Note. Section 10 provides that this oath may be administered by county superintendent if necessary. No. 4. Oatli of Witness on Appeal Before State Board of Education You do solemnly swear (or affirm) that in the matter of the appeal of from the decision of the county superintendent of schools of county, Colorado, now being heard before the state board of education of said state, you will tell the truth, the whole truth, and nothing but the truth, so help you God. Note. Section 9 provides the state board of education shall have power to administer oaths through its president. No. 5. County Superintendent's Bond (See §83.) Know All Men by These Presents, That we, , and , of the county of , and state of Colorado, are held and firmly bound unto the people of the state of Colorado, in the full and just sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. STATE OF COLORADO 197 lu Witness Whereof, We have hereunto set our hands and seal this day of , A. D. 19 The condition of the foregoing obligation is such, That, whereas, the above bounden vs^as, on the day of^ , A. D. 19 , duly elected (or appointed, if that be the case) county superintendent of schools of the county aforesaid, for the term of two years ; Now, Therefore, if the said shall faithfully perform all the duties of said office, according to the laws which now are, or may hereafter be in force, and shall render a just and true account of all money or other property which may come into his hands or under his control as superin- tendent of the schools of said county, and shall deliver over to his successor in ofSce all moneys, books, papers and property in his hands as such county superintendent, then this obligation shall be void; otherwise it shall remain in full force. ___^ [Seal] [Seal] [Seal] Signed, sealed and delivered in the presence of Note. The penal sum named in the bond is to be fixed by the board of county commissioners, but in no case shall the sum be less than $2,000. No. 6. Petition of Parents and Guardians Who Desire to Form a New District from Parts of One or IVIore Old Ones (See §131.) To , County Superintendent of Schools of County, Colorado. We, the undersigned, residents of district (or districts) No. , respectfully represent that we desire to form a new district, with boundaries as follows, viz. : [Here describe the proposed bounds, following government lines as far as prac- ticable.] We further declare that, collectively, we are the parents or guardians of at least ten children of school age, and we hereby 198 ANNOTATED SCHOOL LAWS certify that the list of names of persons of school age which is attached to and made a part of this petition, is a correct list of all such persons residing in the proposed district. Name. Name. Names of Persons of School Age. Note. Give postoffice address of signers. The list of children should be carefully filled up by some person interested in the change before the paper is circulated for signatures. No. 7. Order Directing a Petitioner to Give Notice of iVIeeting to Form New District (See §131.) Office of County Superintendent of Schools, County, Colorado. To You are hereby notified that I have received a petition signed by yourself and others, informing me that you desire to form a new school district of the territory described as follows, to-Avit : [Description as above.] In order that the wishes of the residents of said proposed district may be ascertained, you will please notify, by personal service as far as convenient, each elector residing therein, and also post notices in three public places (one of which shall be the place of meeting) that such a petition has been made, and that a meeting will be held, naming the time and place of such meeting, to determine whether such district shall STATE OF COLORADO 199 be formed. You will, also, please notify me by mail of the time and place of snch meeting. Respectfully yours. County Superintendent. Note. In the formation of a new district, every step should be strictly in accordance with, the law, and the notices posted should contain a clear description of the proposed district. No. 8. Notice for a Meeting to Organize a New District School District Meeting. To All Whom It May Concern : Whereas, It is proposed to organize a new school district in that part of County described as follows, to-wit : [Description.] Notice is hereby given, as per direction of the county superintendent of public schools of said county, that a meeting of the electors residing within the bound- aries aforesaid will be held at on the day of , A. D. 19 , at o'clock m., when a vote will be taken by ballot on the question whether or not the proposed district shall be organized. If the vote shall be in the affirmative, a board of directors will then be elected. By order of County Superin- tendent of Schools Dated , 19 Note. After the organization, a copy of the notice and of the pro- ceedings of the meeting should be sent to the county superintendent. The ballot box should be kept open long enough to give every elector an opportunity to vote — never less than three hours. If the proceedings were in accordance with the law, the county super- intendent should number and record the district, and notify the secretary of his action. ^ No. 9. Recording Proceedings of a iVIeeting Held for tlie Purpose of Organizing a New School District (See §§131 and 132.) ,19____ On the .-day of , 19 , a petition, of which the following is a true copy, was made to 200 ANNOTATED SCHOOL LAWS , county superintendent of public school of County, to-wit : (Here copy the petition.) Whereupon the said county superintendent issued an order, of which the following is a copy, to-wit : (Here insert copy of the order.) In obedience to which order the following notice was posted, as required by section 131 of the school law, to-wit: (Here insert a copy of the notice.) In pursuance of the above notice, the electors of the proposed new school district assembled at at o'clock m. The meeting was called to order by , and, on motion, ^ was elected chairman, and secretary. On motion, was elected to act with the chairman and secretary as judges of election. On motion of , the electors began to vote by ballot upon the question of forming a new school district. The ballot box remained open for the reception of votes from o'clock m., until o'clock m. Upon counting the ballots it was found that ballots were cast, of which were in favor of the organiza- tion and against. On motion of , the meeting proceeded to elect, by ballot, a board of directors. The following are the names of the persons voting: (Here record the names of persons voting.) The ballot resulted in the election of , president; : , secretary, and , treasurer, etc., etc. On motion of the meeting adjourned sine die. Chairman. Attest: — , Secretary. Note. A copy of the proceedings should be sent to the county super- intendent, together with the certificate of some elector, that the notice of the meeting was posted in three public places, as required by law. The person who posted the notice should sign the certificate of posting. If the district is formed from unorganized territory, the secretary must send with this report a certified list of the names of persons of school age residing in the district. A permanent record of the proceedings should be made in the secre- tary's books. STATE OF COLORADO 201 No. 10. Bond to Be Given by the Secretary or Treasurer of Each School District State of Colorado, ) County of ^ (See §111.) Know All Men by These Presents, That we, , principal, and , and , sureties, are held and firmly bound unto School District No. , in the County of , state of Colorado, in the full sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. In Witness Whereof, We have hereunto set our hands and seals this . day of , A. D. 19 The Condition of the Foregoing Obligation Is Such, That, whereas, the above bounden : was, on the day of , A. D. 19 , duly elected (or appointed) Secretary (or Treasurer) of School District No. , in the county of , and state of Colorado, for the term of Now, Therefore, If the said and shall faithfully discharge all the duties of said office, according to the laws which now are, or which may hereafter be in force, and shall faithfully apply all moneys which may come into his hands by virtue of said office, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as said officer, within ten days after the same shall have been demanded by. such successor, then this obligation shall be void ; otherwise it shall remain in full force. [Seal] [Seal] [Seal] Signed, sealed and delivered in presence of Note. The penal sum named in the above bond should be at least twice the amount likely to be in the hands of the officer at any one time during the term of office, and the bond must be filed with the county superintendent. 202 ANNOTATED SCHOOL LAWS No. 11. Request to Be Made by Ten Legal Voters of a District to the Board of Directors, for the Calling of a Special Meeting (See §113.) To the Board of Directors of School District No. , in County, Colorado: The undersigned, legal voters of school district No. , in County, Colorado, request you to call a special meeting of said district for the purpose of Dated this day of , A. D. 19 Name. Name. No. 12. Notice of Special Election (See §§144 and 148.) Notice — A special meeting of the legal voters of "School Dis- trict No. , in the county of , called on the written request of ten legal voters (or called by the district board, as the case may be), will be held at (the district school house or other place) on the day of , 19 , at o'clock (p. m.), for the purpose of (here specify every item of business that is to be brought before the meeting) . Secretary. Posted , 19 Note. This notice should be posted at least twenty days previous to the meeting, in three separate public places within the district, and addi- tionally at each school house. Business not specified in this notice can never be lawfully transacted at such special meeting. If such special meeting is for election of school officers, the polls should be kept open not less than three hours, and the time of opening and closing should be mentioned. STATE OP COLORADO 203 No. 13. Notice of Annual Election Second and Third Class Districts Notice Is Hereby Given, That the annual meeting of the legal voters of school district No. , in the county of , will be held (at the school house or other place; or, if more than one voting place, specify each place and boundaries of such pre- cincts), on Monday, the day of May, 19 , for the purpose of electing (one or more) directors, as provided by law. The ballot box will be opened at the hour of m., and close at the hour of m., and at m. the meeting will be organized for the transaction of any other business pertaining to school interests that may be brought before it. Secretary of School District No. County of Posted April , 19 Note. The secretarj^ of the district should give at least six days' previous notice of the regular meetings of the district (see section 142), and should post the notices in the same manner as for special meetings, and the ballot box must be kept open not less than three hours. No. 14. Notice of Biennial Election (First Class Districts) Notice is hereby given, that the biennial election of the' legal voters of school district No. , in the county of , state of Colorado, will be held (mention different polling places and define boundaries of each voting precinct) on Monday, the day of May, 191 — , for the purpose of electing members of the board of education as provided by law. The ballot boxes will be opened at 7 o'clock a. m. and close at 7 p. m. of said day. Dated April _— , 191 Secretary of the Board of Education of School District No County of Note. This notice shall be posted in at least three public places, and, additionally, published weekly for the four weeks next preceding such election in some newspaper published in the district; and, in districts having a school population of over three thousand, shall be posted and published for a period of eight weeks next preceding such election. 204 ANNOTATED SCHOOL LAWS No. 15. Recording Proceedings of a Regular or Special Meeting of the District The regular (or special, as the ease may be) meeting of school district No. , in county, Colorado, convened at ., at o'clock (p. m.), pursuant to previous notice given by the district secretary. The meeting was called to order by the president. The secretary being absent, on motion of Mr. , was elected secretary pro tern. Mr. moved that a tax of two mills on the dollar be voted for the purpose of building a school house for the district. Mr. moved to amend by striking out "two" and inserting "five," which was agreed to, and the motion as amended was decided in the affirmative. Mr. moved that a tax of one mill on the dollar be levied for the purpose of defraying the contingent expenses of the district. Motion carried. On motion of Mr. the meeting adjourned sine die. President. Attest: , Secretary. Note. Forms 9 and 15 are given with a view of assisting the inexpe- rienced. Persons familiar with such duties may vary the form, provided that the proceedings are accurately recorded. Much depends on the record of the proceedings of the district meet- ing, hence it should be correctly made and carefully preserved. Under the law, the voting of a tax for any purpose must be, in each year, "On or before the day designated by law for the county commis- sioners to levy the requisite taxes for the then ensuing year," and school boards certify the same to the county commissioners. No. 16. County Superintendent's Notice of Apportionment to the District Secretary Office of County Superintendent of Schools, County, Colorado. To — , Secretary of School District No. — . , In County: You are hereby notified that I have this day apportioned to your district the sum of . dollars, of the general STATE OF COLORADO 205 school fund, which amount has been placed to the credit of your district on the books of the county treasurer. County Superintendent. Note. This notice should be sent immediately after each apportion- ment. No. 17. Teacher's Contract M , At a regularly called meeting of the Board of Directors of School District No. , in County, Colorado, held this day of , 191 , you were employed to teach in the public school of said district for the period beginning Monday, , 191 — , and ending , 191 , at a salary of dollars per school month, payable monthly in school warrants as provided by law. The conditions of your employment are that you will faith- fully observe the rules and regulations adopted by the board for the government of said school ; that you will exercise reasonable diligence in looking after the preservation of school buildings, grounds, furniture, books, and all other school property under your jurisdiction; that you will make promptly and correctly all reports of the school required by the county superintendent ; that you will keep a correct register of the school, and file the same with the president or secretary of this board or the principal of the school at the close of the school year as required by law ; and that you will hold a legal certificate of the grade, issued or endorsed by the county superintendent of the county. President. Attest : Secretary. I hereby accept the above employment upon the conditions stated. , Teacher. INDEX INDEX A Accounts — Section of district funds, county treasurer render statement 101 of each district kept separate by county treasurer 103 of district expenses by secretary 116 of warrants issued by district kept by district treasurer 121 of permanent school emergency fund 167 of fines, penalties and forfeitures 177 Adjournment — school board, meetings of 112 of district meetings 148 Admission — to county high school 200 to union high school 212 to kindergarten 233 to public schools 240 to agricultural college 256 to deaf and blind.. 277 to Industrial school for boys 290 to industrial school for girls 314 to state normal school 328-329 to school of mines 341 to dependent and neglected home 345 to state home for mental defectives .,...351 to truant school 354 to state university 364 Adults- admitted to public school, when 240 Affidavit— on appeal to county superintendent — when filed- — contents 6-7 in case of appeals 6-7-8 of secretary to census list 97 Alcoholic drinks and narcotics — nature and effect of, taught in public schools 1 study of, enforced by school officers — penalty 2 effects of, taught in public schools 239 Animals — humane treatment of, taught in public schools 239 Annexation— of territory to district 133 Annual meeting — for election of members of school board 142 of state board of education 244 210 INDEX Annual report — Section of county superintendent to state superintendent 91 of county treasurer 101 of district secretary to county superintendent 116 of district treasurer 121 of scliool board to county superintendent 124 of teacher 384 Appeal — from district board to county superintendent 5 affldavit 6 contents of afiidavit..: 7 superintendent notify secretary — transcript 8 notice to parties 9 hearing appeal — oaths 10 by applicant for certificate to state board 11 from, county superintendent to state board — procedure 11 taken within thirty days — transcript 11 president of board may administer oath on 11 decision of board final on 11 no judgment for money 12 Appointments — of county superintendent in case of vacancy 85 of district director by county superintendent 89-95 by board in first class districts 123 of judges and clerks of election in first class districts 142 of members of high school committee 208 Apportionment — of general fund — when no report and census list filed ...120 of state normal institute fund 176 Apportionment of school funds — published 94 by county superintendent 98 in July — basis 99 basis of all apportionments .' 99 according to census 100 when district fails to report census 120 first, after the organization of new district 140 of money from unpaid special taxes due district after division 140 district not having three months not entitled to 241 to state normal school 326 by superintendent public instruction 377 Arbor day — see also Holidays 222 Assistant Librarian — appointment, duty, salary 378 Attendance — at night school. allows employment 57^ at night school equivalent to half time 73 of pupils — stated in report of board 116 Attorney genera! — member state board of education 1 approve use of emergency fund 168 member state board' of education 243 INDEX 211 B Ballot — Section at meeting- to issue bonds — form 17 for refunding bonds — form of 38 election of school directors by 142 Bible- no sectarian tenets taught in school (Art. IX) 8 no religious instruction in public schools 355 directors determine use of, in school 355 Biennial report — of superintendent of public instruction (Art. IV) 17 of superintendent of public instruction 376 Blind- adult blind 280-283 school for deaf and 271-279 Blank books — see Books. superintendent of public instruction print and furnish teachers and others 375 Blank forms — see Forms. Blanks — for reports supplied by superintendent public instruction 384 Board of county commissioners — see County commissioners. Board of directors — see Directors. Board of education — see State board of education. Bond — of county superintendent — amount — approval — filing 83 of secretary of school board — conditions — approval — filing 115 of state superintendent — amount — approval — where deposited 373 Bonds — question of, submitted to voters 13 meeting for voting — school building 13 meeting for voting — purchasing ground 13 amount bonded indebtedness first determined 14 limitation of bonded indebtedness 14 notice of election posted 15 ballot boxes open three hours 15 number voting places first class district 16 directors act as judges 16 judges absent, vacancy filled " , 16 form of ballot 17 challenges by electors 18 oath when challenged 18 returns certified and canvassed. 19 coupon bonds issued 20 bonds payable to bearer — how signed 21 county commissioners assess tax to pay 22 board keep record 23 auditor register bonds 23 amended S. L... 1915 23b district in city with special charter. 24 212 INDEX Bonds — Continued Section no person vote unless registered, when 24 no new registration required except 25 registration for last general election 25 registration books furnished by county clerk 26 registration committees set, when 26 electors not registered, how registered 26 electors removing from precinct, how registered 27 registration, how changed ". 27 registration books kept where 28 county clerk not furnish copy 28 petition for purging list 29 procedure for purging list 29 redemption of bonds — premium 31 treasurer not pay more than 5 per cent premium 31 U. S. and state bonds purchased by treasurer 32 interest coupons collected by district treasurer 32 change of boundaries not release property 33 annexed property becomes subject to bonds 33 county treasurers' fees for collection of tax 34 refunding bonds when issued 35 refunding bonds — interest redemption 35 refunding bonds not exceed 8 per cent 35 what laws apply to issue and payment- — except 36 county commissioners levy tax 37 county treasurer collect tax 37 submission for refunding bonds 38 form of ballot for refunding 38 County high school bonds — notice of election given upon petition 39 notice not less than 20 days 39 person offering to vote may be challenged 39 when challenged must take oath 39 form of ballot 39 bear not to exceed 6 per cent 39 redeemable not less than 10 years 39 payable not less than 20 nor more than 40 years 39 may be payable where 39 how signed 39 registered by county clerk 40 what stated on face 40 commissioners levy tax 41 principal and interest, how paid 41 surplus, how used 41 treasurer advertise for bonds 41 redeemed and cancelled 41 redeemed — go in open market 42 change in boundary not release property 43 property annexed subject to bonds 43 compensation of county treasurer 44 special meetings — purpose — notice 45 what high school subject to act 46 no district obliged to maintain two high schools 46 Books — see Blank books. used in school — stated in report of board 116 of secretary open for inspection 119 Boundaries — lines of district changed — not effect bonds 33 of school district — county superintendent make record 96 of new district organized from old 131 INDEX 213 Branches — Section taught stated in report of board 116 common, may be taught in German and Spanish when 239 Buildings — school buildings exempt from taxation (Art. X) 5 school buildings and lots exempt fronn taxation (Art. X) 6 distance saloon fr-om 1 bonds for erecting and furnishing school 13 lien law not applicable to 13 creating debt to erect or furnish 143 general fund not used for 164 for district high school — directors build or lease, when 220 By-laws- directors make 123 C Cancellation — of district bonds 22 Candidate — for school director in first and second class districts 143 Census — see School census. Census list — county superintendent examine, correct 97 basis of apportionment for school fund 99, 100 Certificate — of secretary to the record on appeal 81 of indebtedness 13 of attendance of child at school 56 Certificates — state board gi-ant to applicant upon appeal, when 11 revocation of 47 grades of — renewal — record 47 issuance of like grade 47 how issued in first class districts 47 first class districts waive 47 applicant for teacher's — pay fee 174 state normal school diploma is — to teach 332 expiration of, during term ~." 383 necessary to teach — expiration of 383 not required, when 383 renewal of — new 383 Challenge — to fight duel — disqualify from office 12 at bond elections 18 of vote at school election — oath 143 Children — compulsory education (Art. IX) 11 prohibiting sale intoxicating liquors to 1 unlawful to sell cigarettes to 3 penalty for selling tobacco to 4 Child labor law — not employed under 14, when 48 not employed under 14 in certain business 48 not employed under 14 during school hours 48 214 INDEX Children — Continued Section Child labor law— Continned certain employment considered injurious 48 children employed in fruit orchard, etc 48 exhibit of child under 16 — exceptions 49 employment underground works under 16 50 no female child under 10 sell newspapers or merchandise 50 employer keep register 51 school certificate required 51 list of employed posted in work room 52 age and school certificate 53 .age and school certificate, how approved 54 proof of age 55 employment ticket 56 form of school certificates 56 form of age certificates 56 illiteracy 56 evening school 56 schooling required 57 duties of state inspectors of factories 58 hours of labor 59 prima facie evidence of employment 60 enforcement of act 61 child excepted, how 62 application filed with superintendent 62 hearing within 48 hours 62 application refused — reasons furnished 62 appeal to county or juvenile court 62 no fee charged for application or appeal 62 permit issued on bond 62 permit subject to inspection by humane society 62 permits revoked, how 62 penalties for violation of act 63 penalties second violation 64 Delinquent children — definition of delinquency 65 application of act 65 evidence not used in other cases 65 penalty for violation 66 delinquent girls under 18 67 Physical examination — state superintendent prepare test cards 68 teacher or principal test sight, etc • 68 teacher report defectiveness 69 notify parents of defectiveness 69 parent without funds obtain county physician 69 auditor draw warrant for expenses 70 expense not exceed $1,000 biennial period 70 school board provide books for indigent 124 of county attend union high school 207 age of 6 attend kindergarten : 233 Church — appropriation to, from school fund prohibited (Art. IX) 7 school fund not used for sectarian doctrines (Art. IX) 7 property exempt from taxation (Art. X) 5 Cigarettes — unlawful to give or sell to persons under 16 3 Citizen — qualification of (Art. VII) 1 INDEX 215 Classes — Section of school districts 110 Classification — of counties fixing- compensation of county superintendents 87 Clerks — of election appointed in first class districts 143 Committee — county superintendent ex-ofRcio secretary 195 of county high school 196 term of office 196 of union high school 207 term of members 208 vacancies, how filled 208 meetings of 209 powers of 210 elections of 213 of union hig-h school fourth and fifth class county 218 Common schools — see Public schools — defined 238 Compensation — of county treasurer for collecting special taxes 3^ of truant officer 75 of county superintendent 87 of deputy county superintendent 89 of teacher, stated in report of board 116 of secretary school board fix 124 none to members of board, except secretary 124 of deputy county superintendent for holding examinations 149 of secretary of high school committee 208 teacher not dismissed without receiving 383 withheld until register is filed by teacher 384 Compulsory education — provisions concerning 11 children sent to school — exception — appeal 71 children under 14 not employed 72 penalty for employing 72 between 14 and 16 must read and write 73 duty of employer 73 truant defined 74 juvenile disorderly person — defined 74 truant officer — powers — duties 75 truancy officer third class districts 76 truant officer — duties 77 conviction of parent — penalty bond defense 77 juvenile disorderly person — commitment 78 child unable to attend school 79 violation of act — penalty 80 second conviction — trial by jury — penalty 81 act not apply to districts without accommodations 82 Consolidated districts — consolidation defined 136 boards may submit question 137 call meeting to organize 138 purchase site — transfer children 139 216 INDEX Constitution— Section Executive department — term of office — residence — duties — seat of government ] state officers — election 3 eligibility — age — residence 4 vacancy — governor appoint 6 governor may demand information from officers 8 officers keep account of moneys — semi-annual reports 16 officers executive department — biennial report — governor transmit 17 officers receive salary — fees paid into treasury 19 superintendent of public instruction, ex-officio librarian 20 special legislation 25 local or special laws prohibited 25 Suffrage and election — citizenship (Art. VII) • 1 absence in civil or military service 4 privilege of voters from arrest 5 electors only eligible to office 6 prisoners disqualified — restoration — pardon or full service 10 State institutions — charitable institutions established (Art. VIII) 1 state institutions — properties and moneys — location 5 Education — • board of education — members — president (Art. IX) 1 ^ free schools^ — one in each district — three months 2 establishment of schools mandatory , 2 school fund inviolate — state treasurer custodian 3 county treasurer collect and disburse — warrants 4 school fund — of what consists 5 county superintendent commissioner of lands 6 aid to sectarian schools, churches forbidden 7 school district cannot make donation 7 school funds not used for teaching sectarian doctrines 7 religious test forbidden — sectarian tenets — race — color 8 compulsory education U university — regents — election 12 regents elect president — powers 13 regents control university — funds 14 school districts — board of directors 15 text books — general assembly nor board shall prescribe 16 Revenue — exemption — lots — building for worship — schools (Art. X) 5 exemption — lots and buildings 5 income for school purposes exempt 5 church property not taxable — when 5 corporations subject to tax 10 making profit on public money felony 13 school board cannot make profit of district money 13 Public indebtedness- lending or pledging credit of state, county, city, etc., forbidden (Art. XI).. 1 aid to corporation — interest in by school district — ^joint ownership 2 loan for school buildings — ^vote — qualifications 7 debt incurred must be by a vote of electors 7 Officers — embezzlement disqualifiies from office (Art. XII) 4 civil officers — oath 8 oath, where filed — with whom 9 refusal to qualify — vacancy 10 vacancy — term of officer — elected to fill , 11 duel — challenge — disqualifies from office 12 INDEX 217 Constitution — Continued Section Counties — county superintendent — election (Art. XIII) 8 vacancy appointment by county commissioners 9 elector only eligible 10 not a taxpayer does not disctualify 10 classify counties as to fees 15 Contracts- see Public contracts. Conviction — for second violation of compulsory education law 81 Corporations — public school money not donated to 7 taxation for school purposes 10 not joint owners with district 2 Counties — classification for regulating compensation (Art. XIV) 15 classification for regulating salary 87 County assessors^ arrange tax schedules — list property on May 1st 381 County clerk — levy minimum rate of tax for school purposes 380 County commissioners — fill vacancy in any county office 9 levy special tax to pay interest on bonds 22 levy tax to pay district bonds 37 fill vacancy in office of county superintendent 85 allow mileage to county superintendent when 87 provide office supplies, etc., for county superintendent 88 levy high school tax — limit of 205 make appropriation for normal institutes — issues warrants 234 levy county school tax — increase minimum rate — levy special tax 379 levy special school tax for ensuing year 381 County court — try parent or guardian of truant child 77 commit juvenile disorderly person 78 inquire into question of truancy on petition 356 clerk of — issue writ 357 commit from truant school to reformatory 362 County high school — see High schools 190 county high school bonds 39-46 County officers — election of (Art. XIV) 8 vacancy in office — how filed ; 9 qualifications 10 County school tax — see Taxes. * County superintendent — electors only eligible to office (Art. VII) 6 term office — duties — qualifications — compensation (Art. VII) 6 embezzlement disqualifies from office (Art. IX) 4 oath required (Art. XII) 8 oath filed with county clerk (Art. XII) 9 vacancy — when created (Art. XII) 10 vacancy — term to fill (Art. XII) 11 218 INDEX County superintendent — Continued Section election of (Art. XIV) 8 vacancy in office — how filled (Art. XIV) 9 notify secretary of appeal — advise parties of hearing 8-9 administer oaths — decision 10 not under judgment for money 12 keep record of examinations and applicants 47 election — term — oath and bond of 83 act till sucessor qualified 84 failure to qualify — ^vacancy in office — appointment 85 when office becomes vacant 86 classification of counties to regulate salaries amended 1915 S7 not entitled to compensation — when 87 compensation of — oflice hours 88 appoint deputy — how paid 89 courts interfere with discretion — when 89 deputy — pay — 89 fractions of day not recognized 89 deputies and assistants — compensation 90 annual report to superintendent of public instruction 91 penalty for failure to report 92 administer oaths '. 93 duties of county superintendent 94 keep record of books furnished school districts 94 public apportionment of school funds 94 sue in official capacity 94 electors fix boundaries new district 94 appoint directors 95 boundaries of school districts — record 96 prepare map of school district 96 recording boundaries ministerial duty 96 examine and correct census list — ascertain deaf and blind 97 apportionment county school fund 98 notify district secretary of school apportionment 98 counties own general fund until 98 apportionment of school funds — basis 99 apportionment of fund for new district 99 apportionment according to number of school age 100 maintain suit against county treasurer 102 approve bond of treasurer — file Ill fill vacancy caused by failure to qualify .111 call meeting for organization of new district from old 131 establish and number new district 132 transfer to other districts .'. 132 annex or detach territory to district 133 annul district and annex territory 135 extend time for opening school in new district 135 divide funds upon formation of new district 140 apportion moneys from unpaid special taxes 140 hold examination of teachers 149 collect fee from applicant for teachers' certificate 174 forward to superintendent of public instruction 174 look after fines — penalties and forfeitures — report 177 call meeting of boards of directofs of county 195 member of county high school committee — secretary 195 fill vacancy in high school committee 196 call board to elect union high school committee -. 207 member of union high school committee 207 select committee — add to teacher's standing 234 report blind and deaf persons 277 receipt for and distribute registers and blank books 375 certify levy to commissioners 379 INDEX 219 County treasurer — Section duties in relation to school funds of county (Art. IX) 4 election of 8 collect special tax — cash — cancel bonds 22 countersign district bonds — 21 compensation collecting' special taxes 34 collect taxes to pay bonds — pay to district treasurer 37 duties of 101 keep account of fund of each school district 101 county owns general fund until when 101 certify amount of tax collected and vmcollected 102 failure to pay over tax — penalty 102 separate account each district — endorse warrants — pay — notice 103 county treasurer cancel all school orders 104 county treasurer render quarterly statement school board 105 pay orders as registered 106 county treasurer furnish blanks of district board 107 failure to publish call for payment school warrants — misdemeanor 108 fees — school taxes 109 transfer funds of united district 133 retain unpaid special taxes for new district 140 report to county superintendent amount of fines received 150 pay warrant from high school tax 205 endorse rate interest on school warrants 232 custodian of normal institute fund 234 collect county school taxes 379 certify amount special tax collected — arrange tax schedule 381 Coupon — school district — bonds issued 20 Course of study — school board fix 124 D Deaf and blind- see Colorado school deaf and blind 271 Debt- contract only by vote of electors (Art. XI) 7 funding floating debt '. 13 submitting question of contracting bonded 13 election to contract — who vote 13, 143 limitation of bonded debt 14 Decision— of county superintendent upon appeal 10 of state board of education upon appeal 11 Deficit — in union high school fund 211 Deputy — county superintendent appoint — compensation 89 county superintendent may be employed — compensation 90 Diplomas — of kindergarten teachers 233 state, to whom issued 245 for eminent services 246 without examination 248 tempoTRvy non-renewable 249 revoked by state board of education .250 220 INDEX Diplomas— Continued Section of state normal school grant — evidence 331 license to teach — when annulled 332 no fee 333 Directors — electors only eligible to offlce (Art. VII) 6 qualification of electors (Art. VII) 6 of school district — number — powers (Art. IX) 15 not make profit from district money (Art. X) 13 embezzlement, etc., disqualifies from office (Art. XII) 4 oath of office (Art. XII) 8 refusal to qualify — vacancy (Art. XII) 10 vacancy — term to fill (Art. XII) 11 name text book for study of alcohol and narcotics 1 enforce law — penalty 2 parties aggrieved can appeal to county superintendent 5 may appeal from county superintendent 11 may refund bonded indebtedness 13 act as judges 16 issue bonds — interest 20 prescribe form and sign bonds 21 dispose of balance of special tax 31 examine teachers in districts of the first class... 47 grant certificate — report to county superintendent 47 in districts of first and second class appoint truant officers 75 in third class districts appoint truant officer 76 county superintendent appoint to fill vacancy 95 county treasurer furnish blanks to 107 board elected biennially in first class districts 110 number — classification 110 board elected annually in second and third class districts 110 number and when elected 110 first class districts — directors — when elected 110 second and third class districts — directors — when elected 110 mandamus against school district 110 qualify in 20 days — oath — treasurer's bond — failure HI hold regular, special or adjourned meetings '. 112 call special meeting in district third class .113 president presides at meetings of school board 114 president signs orders on county treasurer .114 president appears in suit 114 absent beyond 30 days works vacancj' 114 duties of secretary — bond .115 secretary take census 115 census showing 1,000 — election 115 further duties of secretary — report 116 secretary exhibits quarterly report to board 117 secretary keep quarterly reports and canceled orders 118 secretary render statement — books for inspection 119 failure of secretary to report — duty state superintendent 120 treasurer countersign warrants — account— failure — penalty 121 delinquent officers — penalties 122 fill vacancies in boards of first class districts 123 powers of directors 123 power to make by-laws 123 employ and discharge teachers 124 enforce rules and regulations of state superintendent 124 powers and duties 124 when provide books — when free text books 124 only secretary receives compensation 124 number of teachers — length of school — opening and closing 124 INDEX 221 Directors — Continued Section fix course of study — exercise — text books, etc 124 hold real estate and personal property in trust 124 may purchase or sell lots 124 provide school furniture — supplies for board 124 rent, repair, insure, build or remove school houses 124 require teachers to conform to law 124 suspend or expel pupils — exclude from school 124 admit pupils from adjoining district 124 make report to state superintendent 124 make report to county superintendent 124 fix wages, tuition, compensation of secretary 124 certificate obtained after commencement of school 124 lien law not apply school buildings 124 school property held in trust 124 injunction not lie prevent discharge teacher 124 ratification of contract 124 contract not made at formal meeting 124 certificate not collaterally attacked except 124 county superintendent sue in official capacity 124 teacher discharged not appeal 124 teacher discharged for cause only 124 revoking certificate after discharging 124 appointment and acceptance create contract 124 exchange of teachers 124b powers of board 124 directors make financial statement 125 directors make financial statement other 126 penalty for failure to publish 127 when changed from second to first class — who constitutes 129 election of — for new district 132 uniting with lower class — who constitutes 133 when joint district formed from first class 138 order more than one voting place in first class district 142 candidate for, in first and second class districts 143 may purchase flag — flagstaff — pay for 155-157 not use general fund for building or lots — exception 164 provide sterilized drinking cups in schools ". page 73 elect high school committee — fill vacancy 196 establish district high school — powers — build or lease 220 may establish and maintain kindergartens .233 not interested in contract for district. 235 designate branches to be taught in schools 239 may admit adults and non-residents to public schools 240 levy special tax for expense of school 379 certify necessary levy for special fund 381 may order levy for library 381 not reconsider levy for special tax 382 not employ a teacher without a certificate 383 Dismissal — of teacher for good cause 383 Display — of American flag 155-156 of other than United States flag — penalty 161-162 Districts — failing to maintain a school — no funds (Art. IX) 2 organization of (Art. IX) 15 lending or pledging credit forbidden 15 not become joint owner (Art. XI) 2 not incur debt by loan — except (Art. XI) 7 222 INDEX Districts — Continued Section debt incurred by vote electors (Art. XI) 7 submit question of bonds at regular or special election 13 change in boundary line — not release property bond tax 33 not required to support two high schools 46 all children must be educated 71 lack accommodations — compulsory education not apply 82 county superintendent keep record of boundaries 96 county treasurer keep separate report 103 board of directors of different classes — ofHcers 110 classification of 110 special meeting in third class.... 113 expenses of — secretary keep account of 116 to be bodies corporate — hold property 128 lien law not applicable to school buildings 128 school property held in trust 128 change from second to first class — board of directors 129 census showing 1,000 — directors — election 129 legal district — what constitutes 130 school district operating one year 130 organization — census list of new — ^unorganized territory 131 mandamus not control discretion 131 state board cannot change boundaries 131 electors fix boundaries new district 131 new, how organized — election of directors — persons transferred 132 of first class, how divided 132 two or more contiguous — how united 133 failure to petition after notice 133 organization of joint 184 when new district entitled to school money. . .- 135 funds for new 135 annulled by county superintendent 135 Consolidated districts-^- consolidation defined 136 school board submit question 137 notice — form of ballot 137 consolidated not liable for debt of one 137 call meeting to organize 138 elect directors 138 purchase site — elect building — transfer children 139 apportionment of general fund in new district formed from old 140 take and hold real estate — amount 141 qualified fee in land 141 power to condemn 141 elections — see Electors 142 candidate for director in first and second class 143 of third class — power of electors 148 having children attend union high school, support 211 contributing to high school — election of committee 213 high school in first class and second class 220 vote to build or lease building for high school 220 maintain school three months — failure- — no funds 241 third class, limit for special tax 381 property in on May 1st assessed 381 not reconsider levy of special tax 382 Doctrines — not taught in public school (Art. IX) 8 INDEX 223 Duties — Section of truant officer 75 of county superintendent 94 of high school •committee 200 of union high school committee 210 of state superintendent 374-376 Division — of school funds upon formation of new district — basis 140 Drinking cups — drinking- cups in schools page 73 E Education — provision for school ' 2-^3 Election — who entitled to vote (Art. VII) 1 absence in civil or military service (Art. VII) 4 voters privileged arrest while attending — except (Art. VII) 5 of county officers (Art. XIV) 8 no person entitled to vote while in prison (Art. VII) 10 bond election, see i 13-38 of county superintendent 83 of school directors — classes of districts 110 officers of board — by ballot 110 annual — notices posted — publication — ballot 142 first class district — section amended 142 directors — second and third class — election 142 census showing 1, 000 — directors — election 142 annual — place — time — notice 142 moving building — ^vote .142 polls open three hours 142 judges of election 142 tax levy reconsidered — when 142 electors — directors — qualifications — publish names 143 ballots — registration — county clerk furnish 143 judges — challengers — watchers — fraud 143 voting oaths — certificates — taxpayers — bribery 143 counting of votes — tie — special election 144 excess ballots — disposition of poll books 144 canvass of votes — contest 144 applies to all school elections 145 to vote to build or lease buildings for high school 220 of union high school committee 207, 213 of superintendent of public instruction 372 Electors — qualifications of (Art. VII) 1 qualified elector eligible civil or military office (Art. VII) 6 qualifications of electors 6 voting bonded indebtedness 13 qualification of 146 women vote — qualifications .147 powers of at meetings — in third class districts 148 livery stable certain distance from school 148 electors levy special tax 148 lien law not apply school buildings 148 to establish high school 191 Emergency fund — see also this subheading under Funds 165, 172 224 INDEX Exemption — Section from taxation of what property (Art. X) 5 Employer — see Child labor law under Children 72 see Compulsory education 73 Eminent domain — district may hold real estate 141 Enabling act — land for schools 7 seventy-two sections for university 10 school lands — how sold 14 sale by trustee when void 14 mineral lands excepted 15 indemnity lands 15 Endorsement — of warrants by county treasurer 103 English language — taught in public schools 239 Examinations — of applicant appeal to state board 11 in districts of first class 47 record by county superintendent 47 by county superintendent 149 time of — age — notification — subjects 149 other than county seat by deputy — compensation 149 endorsement of 149 like grade 149 normal school diploma 149 bar examination 149 dental examination 149 application for admission to bar 149 for admission to union high schools 210 of kindergarten teachers 233 for state diploma 245 for diploma of state normal school 331 Executive committee — of normal institutes — duties — transmit funds 234 Exemption — from taxation — of what property 5 Expenses — of trial — transportation of juvenile disorderly person — county pay 78 of district — secretary keep account 116 of purchasing and displaying flag 157 of normal institute— how paid 234 of superintendent of public instruction 376 of school paid by special tax — when : 379 expiration of certificate during term 383 Expulsion — of pupils by schoorboard 124 F Faculty — of state normal school, trustees appoint, remove 327 INDEX 225 Fee — Section applicant for teachei-s' certificate — pay 174 registration, for normal institute 234 for admission to state normal school 329 Felony — directors making profit district money (Art. X) 13 Finances — secretary render statement of 119 of school district — treasurer make statement 121 Fines — to comply with law on alcoholic drinks and narcotics 2 for employing children during school hours — violation 92 of employer failing to compel instruction of minor in employ 72 for violation compulsory education law 77 for failure of county superintendent to report 92 of county treasurer to pay over tax 102 for failure to publish call for payment of school warrants 108 of secretary to make report 116 of treasurer to perform duties — turn over moneys 121 for superintendent or officer failing to perform duties 122 collected by justice of the peace — payable to school fund 150 county treasurer to render statement 151 for setting fire public domain 152 for leaving unprotected fires 153 fines paid to school fund 154 Flags — may be purchased — displayed — when 155 directors to purchase and display United States flag 155 each department to keep flag — size 156 expense and care of 157 applies to all institutions 158 injury to 159 superintendent public instruction publish act 160 display of — other than U. S. exception 161 violation 162 state flag — description 163 Forfeited — money by any district 101 Forfeitures — for violation of school law — where — county treasurer place credit 177 for failure to maintain school 177 Forms — state superintendent print and furnish 375 for making reports — printed with school law 475 for reports supplied by superintendent public instruction 384 oath of school officer (appendix) No. 1 oath of judges of election No. 2 oath of witness — county superintendent No. 3 oath of witness — board of education No. 4 county superintendent bond No. 5 petition to form new district No. 6 order directing notice of meeting to form new district No. 7 notice of meeting for organization of new district No. 8 record of meeting for organization of new district No. 9 bond of district treasurer or secretary No. 10 request for special meeting by ten legal voters No. 11 8 226 INDEX Forms — Continued Section notice of special election No. 12 notice of annual meeting — 2nd and 3rd class districts No. 13 notice of biennial election No. 14 record of regular or special meetings No. 15 notification of apportionment of county superintendent No. 16 teachers' contract No. 17 Fraternities — unlawful to join 164 boards of directors enforce law. , 164 may dismiss pupil and prevent graduating 164 penalty 164 Funds — public school fund not transferred to other funds (Art. IX) 3 public school custodian — state treasurer 3 how distributed among counties 3 how invested — loss — how supplied 3 of public school — interest only expended 3 of county and school district — how collected and disbursed (Art. IX) 4 public school fund of the state defined (Art. IX) 5 when land escheats 5 contribution to sectarian institutions prohibited (Art. IX) 7 of university — regent control 14 making of profit forbidden public ofl^cers 13 embezzlement of — makes person ineligible to hold office ; 4 floating debt — bonds for 13 special fund pay past indebtedness 22 county superintendent apportion general school fund of county 98 basis of apportionment 99 county treasurer keep account of school 101 county treasurer makes annual statement of school 101 county owns general fund until 101 treasurer publish statement of district HI apportionment of general -. 120 annual report and census list are filed 120 of united district county treasurer transfer 133 division of, upon formation of new district 140 to new district 140 county treasurer render statement of 151 general school funds not used for building purposes, etc 165 Emergency fund — permanent school emergency or call fund : 165a to be transferred from general school fund 166 treasurer to be custodian of 167 when used 168 payments when made 169 amount expended in one year 170 gifts — contributions 171 vouchers approved by governor and attorney general 172 attorney general held no money for building from 172 moneys under act of congress — apportionment 173 normal institute fund 174 applicant for teacher's certificate pay fee 174 state normal institute fees turned into treasury 175 apportionment of normal institute fund 176 penal, paid to county treasurer 177 not loaned or invested 178 officers not loan 179 no benefit from deposit 180 penalty 181 INDEX 227 Funds — Continued Section permanent fund from sale lands — Invested 182 for union high school — deficit 211 special school, for maintainingr kindergartens 233 state normal fund 322, 326, 327 amount of state school 376 apportionment of 377 distribution , 377 Furniture — school board provide 124 G Garnishment — school district subject to 188 provisions apply to all salaries, wages, etc 189 General assembly — not prescribe text book 16 General school fund — see Fund. German — taught in public schools — when 239 Governor — approve use of emergency fund 168 issue proclamation for Arbor Day 224 issue proclamation for Good Roads Day 231 appoint trustees of state normal school 326 Grades — of certificate by county superintendent 47 Ground — bonds for purchasing school 13 Guardian — of truant child fined — imprisoned 77 Gymnastics — taught in public schools — when 239 H Hazing — unlawful 184 punishment 185 punishment for in educational institutions 186 jurisdiction of justice of peace 187 Hearing — see also Appeals ,5-12 High schools — county high school bond, see Bonds 39-46 not required to maintain two 46 counties classified 190 petition for organization — county superintendent 191 submission to voters 191 qualified voters of joint district — vote 191 three kinds of high schools — define 191 how maintained 191 election notices posted twenty days — contents 192 who may vote 193 228 INDEX High schools — Continued Section form of ballot 193 district board act as judges 193 canvass returns- — sent to county superintendent 194 county superintendent announce result 195 call directors — elect committee 195 county superintendent ex-ofRcio secretary 195 term members high school committee 196 committee — vacancy — how filled 196 meeting of committee — regular, special 197 twenty days' notice special meeting 197 high school district body corporate 198 may hold real estate 199 powers and duties of committee 200 powers and duties of president ■ 201 powers and duties of secretary 202 powers and duties of treasurer 203 powers and duties same directors first and second class 204 tax levied by county commissioner 205 tax collected and paid out by county treasurer 205 tax paid out on warrant president and secretary 205 high school districts subject to this act 206 Union high schools — how established 207 kinds 207 committee at county seat 207 committee — term — vacancy 208 committees — meetings 209 powers of committees 210 how maintained 211 proportion of school fund — deficit 211 apportionment of school fund 211 forty weeks annually 212 who may be admitted 212 districts contributing voice in election 213 Union high schools counties of fourth and fifth classes — organization 214 how supported 215 annual levy — building 215 addition — outlying district 216 no conflict 217 board how constituted — election '. 218 qualifications to enter 219 course of study 219 District high schools — board in first or second class districts establish high school 220 High school committee — see also High school 195 High school fund — see also Funds 205 High school tax — see also Tax 205 Holidays — school year — month — week — day — national holidays 221 holidays and semi-holidays 221 INDEX 229 Holidays— Continued Section Arbor day — third Friday in April 222 how observed in schools 223 legal holiday 223 g-Qvernor issues proclamation, report of county superintendent 224 Colorado day — first day in August 225 when first day falls on Sunday 226 Columbus day — twelfth day of October ' 227 Election day — election day in November 225 Good roads day — second Friday in May 229 public school observe 230 proclamation of governor 231 Humane treatment of animals^ — to be taught in public schools 239 Hygiene — taught in public schools 239 I Indebtedness — of school districts not incurred by pledging credit (Art. XI) 1 limit of bonded 14 of school district refunded — new bonds issued in payment of 35 Indemnity land — what constitute (Enabling Act) 15 Indigent children — relief 79 Institutes — see Normal institutes 234 I nterest — of public school fund only expended (Art. IX) 3 on school district bonds (Art. IX) 20 on bonds — special tax levied to pay 22 on United States and state bonds 32 on refunding bonds 35 on new bonds 36 on school warrants — when cease 103 rate of — on school orders and warrants — endorsement 232 J Joint district- organization 134 Judges of election — administer oath 18 in first class district 142 president, secretary and treasurer of school board act as 143 administer oath to challenged voter 143 count — declare results — transmit report 144 Judgment — state or county superintendent not render for money 12 230 INDEX Justice of the peace — Section report amount of fines collected payable to general school fund 150 Juvenile disorderly person — who is 74 commitment of— offense ' 78 K Kindergartens — may be established free 233 age of children 233 part of public school system 233 teachers have diplomas. 233 establishment of school mandatory 233 L Librarian — ex-offlcio — superintendent of public instruction 20 assistant — appointment — duties — salary 378 Library — number 6f volumes — amount raised for — report 116 immoral books, etc., excluded from school 124 directors may levy special tax for 181, 381 License — see also Certificate 47 Limit— of bonded indebtedness 14 of tax certified by county high school 205 of taxes for county school purposes 186, 379 of special tax in third-class district 188, 381 IVI Maintenance — of union high school — length of school year 211, 212 of kindergartens — special school fund 233 iVIap — of boundaries of district — county superintendent prepare 96 Meetings — for contracting bonded debt 13 special meeting for bonding 45 hoard of directors — regular, special or adjourned 112 special in district of third class — petition — notice 113 of school board and district — president preside over 114 • secretary record proceedings of 115 secretary give notice of 116 to vote upon free text-books 124 for organization of new districts 132' for uniting districts 133 of electors in third-class district — officers 148 of boards of directors of county 196 of high school committee 197 of high school committee — special 209 of state board of education 244 Misdemeanor — persons employing children during school hours — guilty of 63, 72 failure to publish call for payment of school warrants 108 superintendent or officer failing to perform duty — guilty of 122 INDEX 231 Mileage — Section of county superintendent — commissioners may allow — exceptions 87 Money — school board not make profit on district money 13 amount of — received — expended, etc., by school board 116 Month — school — what constitutes , 221 Mutes — see also Deaf and blind 271 N Narcotics — see Alcoholic drinks and narcotics 1-2 Non-residents — admitted to public schools — when 240 admitted to deaf and blind school.. 278 Normal districts — number of — boundaries 234 Normal institutes — applicant for certificate pay fee 174 state normal institute fund 175 apportionment of funds 176 organization of 234 classification of counties 234 executive committee — expenses 234 funds arising from fees 234 normal institute fund defined 234 state divided into districts, classification of county — who conduct 234 expenses of — how paid — registration fee 234 appropriation by countj' commissioners 234 number of — boundaries 234 where held— when — conductor — instructor 234 Notice — by county superintendent of appeal 8 to adverse parties upon appeal 8 of meeting to submit subject of contracting debt 15 of funds to pay warrants 103 for presentation of school order for payment 106 of special meeting in district of third class 113 of meetings — secretary give 116 of meeting to organize new district from old 131 of meeting to unite district 133 of annual election — how and where posted 142 publish — failure to give 142 of intention to be candidate for director — publication of 143 of special election — failure to give 144 of examination by county superintendent 149 of meeting to fill vacancy in high school committee 196 thirty days before revocation of state diploma 250 of examination for state diploma '. 252 to county superintendent — apportionment — state school fund 184, 377 O Oath— of office 8 where filed 9 upon appeal 8 president of state board of education administer 9 232 INDEX Oath— Continued Section administered to challenged voter 11 of county superintendent 42 county superintendent administer to directors, etc 52 of directors — filed 70 of challenged voter 93 of office — trustees of state normal school take 165 of state superintendent of public instruction 180 Office — challenge to fight duel disqualifies for office 12 of county superintendent — commissioners provide 88 kept open when 88 of superintendent of public instruction 376 Officer — person convicted of embezzlement, not eligible to office 4 subscribe oath to support constitution 8 file oath of office with secretary of state 9 failing to qualify — office becomes vacant 10 elected to fill vacancy — term expires 11 no person fighting duel, etc. , hold office 12 of school — failing to enforce act 2 directors — term — power 110 duty — failing or refusing to perform 122 of new district from portions of old 132 of county high school committee 196 of union high school committee 207, 208 not interested in public contract 235 not deal in warrants ...237 Official bond — see Bond. Omission — of county commissioner to levy school tax 380 Orders — see Warrants. Organization — of board of directors in first-class district 110 of new district from old 131, 132 of joint district 134 P Parental or truant school — see also Truant schools 352, 363 Petition — of voters to submit question of bonded debt 13 of special meeting in district of third class 113 for organization of new district 131 to annex or detach territory to district 133 to submit question of county high school — contents 191 to commit child to truant school — contents — verification 357 Penalty — see Fines. Permanent school emergency fund — see also subheading under Funds 165, 172 Personal property — school board hold in trust 124 INDBX 233 Persons — Section of school age stated in report of board 116 Physical examination of children — state superintendent prepare test charts 68 teacher report defectiveness .,. 69 expenses, how paid 70 Place^ of holding annual election 142 of holding normal institutes 234 Powers — of truant officer 75 of directors in district of first and second class 110 of directors to make by-laws 123 of election in district of third class 98, 148 of high school committee 124, 196 of union high school committee. .132, 210 of directors over district high schools 128, 220 President — of directors sign bond 21 administer oath to directors Ill preside at meetings of school board and district 114 sign orders on county treasurer — appear in suits 114 of school board act as judges of election 143 of trustees of state normal school — duties 330 President of state agricultural college — recommend member of board of examiners 251 President of state board of education — administer oaths upon appeal — render decision. 11 President of state normal school — assist in fixing time and place of holding normal institutes 234 recommend member of state board of examiners 251 sign report 334 President of state school of mines — recommend member of board of examiners , 251 President of state university — recommend member of board of examiners 251 Printing — of school laws — how paid 375 registers and blank books — how paid 375 Property — annexed to district liable to bond tax 33 of new district formed from old 140 Publication — of call of payment of school warrants — failure — penalty 108 of statement of district funds in first-class district HI of notice of annual election 142 Public contracts — officers not interested in 235 penalty 236 officer dealing in warrants — penalty 237 Public indebtedness — restrictions concerning ■. 1-2 234; INDEX Public institutions — Section educational — supported by state (Art. VIII) 1 what are educational (Art. VIII) 5 Public moneys — embezzlement of — makes person ineligible to hold ofRce (Art. XII) 4 Public school income fund- see Funds. Public school — school lands 7 support of — provide for sale of lands 14 age of pupils who may attend (Art. IX) 2 at least three months in each district (Art. IX) 2 providing for establishment and maintenance of free (Art. IX) 2 fund, of what consists (Art. IX) 5 no sectarian doctrines taught in 8 no distinction of race or color in 8 general assembly provide for organization 15 prohibition concerning text books 16 corporation subject to school tax 10 alcoholic drinks and narcotics taught in school 1 attendance at night 73 number of — stated in report of board 116 school board exclude immoral books, etc., from 124 school board fix time for opening and closing 124 public — defined 238 public school — kinds 238 taught in English language — Spanish — German 239 humane treatment to animals 239 public — open to children of school age 240 must be maintained three months — failure 241 Punishment — of illegal voting 143 Pupils — no distinction of — in public school 8 number in school — enrolled — attendance in report 116 school board require to be furnished with books 124 suspend or expel — exclude under six years 124 admitted from adjoining district 124 Q Qualifications — of electors (Art. VII) 1 of elector for any civil or military office (Art. VII) 6 religious test or qualification prohibited (Art. IX) 8 of county officers (Art. XIV) 10 to issue bonds 13 of teachers 47-149 of voters at school election 143 at election to contract debt .' 143 for admission to district high school 220 for admission to union high school 210-212 for conductor or instructor of normal institute 234 of applicant for state diploma 245-252 for admission of students to state normal school 328-329 Questions — for examination of teachers prepared by state superintendent 47, 374 INDEX 235 R Real estate — Section school board hold, In trust ..134 district take and hold, amount 141 Recommendation — of state board examiners 252 of state superintendent of public instruction 376 Records — of transactions of truant officers 75 of county superintendent's office open to inspection 94 of organization of new districts 132 Redemption — of bonds — manner 31 of refunding bonds — of new bonds 35 Refunding — bonded indebtedness of school district 35 Regents of university — election — term of office — body corporate (Art. IX) 12 shall elect president — term of office — duties (Art. IX) 13 shall have control of funds of university (Art. IX) 14 Registers — state superintendent to print and furnish 375 teacher keep daily — file with secretary 384 additional — kept by teacher 384 Registration fee — normal institute 234 Registry — of school district bonds — when — how 23 Religion — instructions in, not to be given in parental or truant school 355 inmates of such school may receive training in.. 198, 355 Religious service — teachers and students not required to attend (Art. IX) 8 Removal — of teacher — when 383 Rent — school houses — school board may 124 Repair — school houses — school board may 124 Report — see also Biennial report. of certificates granted by directors of first-class districts 47 annual of county superintendent 91 penalty for failure of county superintendent to make 92 secretary to preserve copies of 115 make annually — what contain 116 of school board — annual 124 to state superintendent 124 of election — ^judges make and transmit 144 of fines collected by justice of peace 150 of county treasurer of amount of fines received 151 county superintendent make annual of Arbor Day 224 of trustees of state normal school contents — verification 334 236 INDEX Residence — Section of an unmarried person 97 Revenue — see Taxes. Revocation — of certificate by county superintendent 47 of state diploma 250 Rules — of state superintendent — board enforce 124 of meetings in third-class districts 148 state board of education adopt 244 S Salary — classification of counties for. 15 of county superintendent 87 of teacher adult blind ' 283 of assistant state librarian 378 School — see also Public school 238 School age — defined 242 School boards — see Directors. School buildings — see Buildings. School census — secretary take annually — forward to county superintendent 115 copy for districts of first and second class 115 of new district 131 basis of division of school funds in new district 140 defined 242 who included in 242 School day — what constitutes 221 School districts — see Districts. School fund — see Funds. School furniture — school board provide 124 School for deaf and blind — see subhead under State educational institutions. School grounds — district may hold real estate 141 creating debt to purchase 143 INDEX 237 School houses — Section exempt from taxation (Art. X) 5 lots exempt from taxation (Art. X) 5 number and value stated in report of board 116 school board may rent, repair, insure, build or remove 124 of new district formed from old 140 site of — fixed by electors in third-class district 148 sale of — by electors of third-class district 148 School income property — exempt from taxation (Art. X) 5 School lands- sections 16 and 36 are (Enabling Act) 7 seventy-two sections for university 10 how sold — price 14 mineral lands excepted 15 indemnity lands 15 School laws — published by superintendent of public instruction 375 how distributed 375 School lots — see Directors and Electors. exempt from taxation (Art. X) 5 directors purchase or sell— where 124-81 directors may hold — when 141-91 School month — 221 Schools — see also Public schools 238 School year — commence and end 221 Seal— of district attached to bonds 21 of trustees of state normal school 324 Sectarian Institutions — appropriations to, from school fund prohibited (Art. IX) 7 Secretary of high school committee — give notice of meeting- 196 Secretary — file transcript in office of county superintendent — certify it 8 ascertain number of blind and deaf mutes 97 preside in absence of president 114 give bond — conditions — approval — where filed 115 duties of .115, 116, 119 failure to file report and census list 120 school board to fix compensation 124 give notice of annual election — failure 142 publish or post notice of candidates for directors 143 act of judges of election 143 furnish ballots 143 Secretary of state normal school — sign report 334 238 INDEX Secretary of trustees — Section of state normal school — bond — duties 330 Secretary of state — member of state board of education 243 Spanish — taught in public schools — when 239 Special meetings — see Meetings. Special tax — to pay interest on bonds — cash 22 arnount of — for support of schools, etc 116 to pay school expenses — when commissioners levy 379 directors certify amount commissioners levy — payable in cash 381 not reconsider levy of 382 State aid for weak districts — see also subheading under Funds 165-172 State auditor — register bonds 23 approve bond state superintendent of public instruction 373 draw warrant for printing school laws 375 draw warrant for state school funds 377 State board of education — who shall constitute — powers — duties 1 not prescribe text books 16 appeal to, from county superintendent 11 not render judgment for money 12 who shall constitute 243 meeting and powers of 244 normal institute fund 244 grant diplomas 245 certificates from other states : 245 diploma for eminent service 246 who need not take examination 247 diplomas without examination 248 diplomas license for five years 249 temporary non-renewable certificate 249 board may revoke diploma 250 remove state teacher adult blind 282 State board of examiners — who constitutes — how appointed 251 applicants to be examined 252 grades how applied 252 experience required before examination 252 certificates from other states 252 requirements of applicants 253 State board of health — recommend standard works on narcotics 1 State bonds — see Bonds. State diplomas — see also Diplomas 245-250 State educational institutions — charitable institutions established (Art. VIII) 1 properties and moneys — location (Art. VIII) 5 INDEX 239 state educational Institutions — Continued Section locations changed when (Art. VIII) 5 classification of appropriations (Art. VIII) 5 internal improvement includes what 5 no religious test required for admission (Art. IX) 8 Agricultural college at Fort Collins- college — objects 254 design and objects 255 qualifications of students 256 programme 257 duration of course 258 academical year — term — suspension 259 labor on farm — hours 260 tuition fees — discrimination 261 board control college and farm — by-laws 262 board choose president and tutors — ^vacancy 263 board employ professor long term 263 employment extending over term 263 board prescribe duties — confer degrees 264 faculty how constituted 265 wages to students — boarding at cost 266 Agricultural college at Fort Lewis — school of agriculture, mechanic and house arts 267 state board of agriculture, control 268 Horticulture and forestry- branch school at Grand Junction ' 269 state board agriculture manage 270 Colorado school for deaf and blind- object of institution 271 name of school 272 ■educational institution of state 273 trustees — appointment — term 274 superintendent — appointment 275 duties of superintendent — discharge of teachers 276 admission of pupils — support 277 residents of other states — when admitted 278 when counties pay expense 279 Teacher — adult blind — office of state teacher 280 duties of teacher 281 services — report 282 salary — how payable — expenses 283 Industrial school for boys — industrial school established 284 located — building • 285 board of control appointment — term — vacancies 286 biennial report to state superintendent 287 board make rules — appoint superintendent, agencies, etc 288 duty of board to receive boys 289 commitment to school — term — jurisdiction of courts 290 parent, guardians indenture boys to school 291 treatment — board may return, duty of magistrate 292 discharge or bind boy — when 293 persons caring for boy — compensation — schooling 294 clergymen impart religious instruction 295 Industrial school for girls — industrial school established 296 board of control — appointment — term — superintendent. : 297 county liable for maintenance — statement 298 powers of board 299 board receive all persons committed 300 240 INDEX state educational institutions — Continued Section Industrial school for girls— Continued under control of board 301 regulations established by board 302 rules established by board 303 credit for good behavior 304 marks of credit 305 release of girls 306 girls may be placed in homes 307 superintendent — duties 308 superintendent keep daily journal 309 register — contents 310 abstract of record 311 parole 312 incorrigible girls returned home 313 commitment — term 314 jurisdiction of courts — summary proceedings 315 peace officers arrest — when 316 cause of commitment certified superintendent 317 commitment — return to county 318 not confined to jail — appeal 319 term of commitment 320 school non-sectarian 321 State normal school — establishment of 322 State teachers' college of Colorado — state normal known as... 323 trustees — powers — seal — by-laws 324 governor appoint trustees — term — oath 325 part public school system — apportionment fund 326 supervisory power over 326 powers of trustees 327 qualifications — examinations — declaration 328 open to residents of states — other persons — fees ..329 ofHcers of board— duties — bond 330 diplomas — examination — graduation 331 diplomas license to teach — how annulled 332 normal school diploma 332 registration of diploma 332 no fee for diploma 333 no fee for registration 333 report trustees — contents — verification 334 Normal school at Gunnison — school established at Gunnison 335 management 336 School of mines — located at Golden 337 board of trustees — term 338 control — management 339 instruction provided for ' 340 trustees cannot issue diplomas except 340 school open to all 341 governor appoints trustees consent senate 342 State home for dependent and neglected children — state home established 343 board control — appointment — term 344 object — dependent children received — guardianship 345 children placed in private homes 346 guardianship ceases — ward becomes self-supporting 347 classes of children returned to counties 347 INDEX 241 State educational institutions— Continued Section State home and training- school for mental defectives — establish home 348 management state home 349 superintendent — matron — appointment 350 who admitted to state home 351 Truant schools — established — in what cities 352 sites — location — furniture — levy 353 officers — course of instruction 354 no religious instruction — religious training 355 directors determine use of Bible in school 355 habitual truant — petition to court 356 hearing — commitment — notice 357 parent or guardian pay maintenance 358 regulations for parole 359 monthly report — discharge — recommitment 360 violation of parole — penalty — second parole 361 incorrigible — committed to reformatory 362 established cities over 25, 000, under 100, 000 363 University — studies — qualifications of students 364 change of location of university 364 each county entitled to one pupil free 365 tuition fee 366 religious or irreligious control 367 regents — election — term of office 368 departments — degrees — diplomas 369 report — contents 370 regents report to state superintendent public instruction 371 State noirmai institute fund — how constituted 125 apportioned — used 176 State normal school — established at Greeley 322 known as state teachers' college 323 trustees — corporate powers — seal 324 governor appoint trustees — oath — term — superintendent public instruction member 165, 325 part of public school system — apportionment of funds 166, 326 powers of trustees , 167, 327 qualifications for admission — examination 169, 328 open to residents of the state — other persons — fees 170, 329 officers of board — duties — bond 171, 330 diplomas — examination — graduation 172, 331 diploma license to teach — license annulled 332 registration of normal school diploma 332 no fee for diploma 333 no fee for registration 333 report of trustees — contents — ^verification 334 at Gunnison 335-336 State school fund — see Funds. State superintendent of public instruction — see also Superintendent of public instruction. State teachers' college of Colorado — 323 242 INDEX state university — Section regents of — terms (Art. IX) 12 president of — ex-offlcio member of — duties (Art. IX) 13 duties of board of regents (Art. IX) 14 Student — qualifications for admission to state normal school 328 sign statement to teach in public schools 329 Study — see Course of study 129 of alcoholic drinks and narcotics 1 course of, in state normal school 327 Suffrage — see Election. eligibility to office (Art. IV) 4 Suits — to recover fines, penalties and forfeitures 177 State superintendent — executive department consist of whom (Art. IV) 1 when chosen (Art. IV) 2 who eligible (Art. IV) 4 vacancy how filled 8 ex-offlcio state librarian (Art. IV) 20 president state board of education (Art. IX) 1 take oath to support constitution (Art. XII) 8 oath filed with secretary of state 9 prepare test charts for physical examination 68 direct apportionment of general fund — when ' .120 publish flag act with school law 160 pay examination fees to state treasurer 175 apportion state normal institute fund 176 promote observance of Arbor Day 224 certify to state auditor number attending normal institute 234 assist in flxing time and place holding institute 234 president state board of education 243 president state board of examiners 251 flx bond for secretary state normal school 330 member board of trustees state normal school 331 member of examining board state normal school 331 may annul normal school diploma 331 regents of state university report to 371 when elected — term 372 oath and bond 373 office — duties — powers 374 furnish registers and blank books 375 approve bills for printing school laws 375 certify to state treasurer for blanks 375 publish school laws 375 supervision of county superintendent and public schools 375 powers in regard to certiflcates 375 take no part in organizing district 375 special elections 375 no power to compel county superintendents to turn over records 375 biennial report — visits — expense 376 governor may require information of 376 apportionment of school fund 377 two apportionments 377 assistant librarian— salary ." 378 INDEX 243 Suspension — Section of pupils by school board 124 T Tax — see Special tax. to pay principal of bonds — interest 22 amount of — fixed by electors in third-class districts 148 limit of levy for high school — collection — paid Out 205 no increase beyond legal rate to provide for truant school 353 Taxation — what property exempt (Art. X) 5 corporation subject to tax (Art X) 10 Taxes — special tax — commissioners levy to pay bonds 22 to pay bonds — commissioners levy. 37 county treasurer certify amount collected and uncollected 102 county commissioners levy county school — basis — limit 379 certification of valuation to school district 379a assessor certify valuations 379a-l statutory rates decreaSfed 379b 15^ increase allowed 379b-l taxing power limited 379b-2 increase levy submitted to tax commission 379b-3 not limiting levy to pay outstanding lawful debts 379b-4 county clerk must levy — officers failing — forfeitures 187, 380 school board certify amount needed to county commissioners 301 twenty mill limit — duties assessors and treasurer 38J one-tenth of one mill for libraries 381 mandamus county commissioners when 381 electors levy special tax 381 property located partly within district 381 levy not to be reconsidered 382 Teachers — not required to participate in religious services (Art. IX) 8 penalty for failure to comply with narcotic law 2 report physical condition of pupils 69 number employed stated in report of board — amount paid 116 school board determine number 124 board require to conform to law 124 employed and discharged by school board ■ 124 examination of 149 pay examination fee 174 of kindergarten — have diplomas 233 examination of for state diploma 245-253 of adult blind 280 duties of adult blind teacher 281 must have license — expiration — proviso 383 ^ dismissal of — for cause only 383 teacher keep register — statistics — blanks 384 to provide a minimum salary for teachers .384a amount of salary allowed 384a-l county superintendent apportion 384a-2 may receive aid from state 384a-3 levying tax 384a-4 Teachers' normal institutes — see also Normal institutes 234 244 INDEX Teachers' retirement fund — Section under control of directors 385 payable to whom 386 mode of securing fund 387 Term — of office of county superintendent 83 of olHce of school directors and officers 110 of office of directors appointed flrst-class districts 123 of school fixed by school board 124 of office of directors in new district 132 of olHce of high school committee 196 of office of union high school committee 208 of school year of union high school 212 of office of trustees of state normal school 325 of office of superintendent public instruction 372 Territory — annexed to or detached from district 133 Testimony — taken upon appeal from directors 10 none taken upon appeal from county superintendent 11 Text books — ♦ prohibition in regard lo 16 when furnished free 124 school board designate kind — not change — exception 124 Tie- vote at regular election 144 Time— of holding institutes 234 Tobacco — penalty selling to children under sixteen 4 Transcript- of record upon appeal to county superintendent 8 of proceedings before county superintendent 11 Treasurer of scliool board — of school district advertise — pay district bonds 22 purchase territorial bonds — premium 31 invest funds in United States bonds — record 31 collect interest coupons — turn over proceeds 32 failure to publish call for school warrants — misdemeanor 108 give bond — publish statement of district funds in first class district Ill countersign and keep account of warrants 121 take charge of moneys — pay same out 121 render statement — failure to perform duties 121 act as judge of election 143 Truant — defined 74 habitual to be brought before county court 356 committed to parental or truant school — appeal 357 expense of, how paid 358 Truant officer — directors in first and second class districts appoint 75-77 compensation — powers — duties — record 75-77 in third class districts 76 make complaint to county court 77 duties 77 report indigent parents or guardian 79 duty under parental or truant school act 356 INDEX 245 Truant schools — Section no religious test 8 parent of truant child fined — imprisoned 77 to be established when — where 352 building — site — location — no increase of levy 353 duty of board of education to furnish — of city where established 353 powers and duties of officers — course of instruction — teachers 354 no religious instructions in — regulation 355 directors determine use of Bible in school 355 child committed to — by county court on petition 356 parent notified of proceedings to commit to 356 hearing — commitment — notice to parent 357 parent or guardian pay maintenance 358 board of education make rules for parole 359 discharge — recommitment — monthly report .- 360 violation of parole — recommitted 361 incorrigible child committed to juvenile reformatory 362 established in cities over 25,000, under 100,000 363 Trustees — of state normal school^ — number — powers 324 governor appoint — term of office — oath 325 superintendent of public instruction — member » 325 appoint faculty — powers 326 prescribe qualifications of students 327 report of 334 elect president — bond of secretary 335 Tuition — school board determine rate for non-residents 124 U Union high school — see also High school 207-219 United States bond — see Bonds. University — lands for support of (Enabling Act) 10 regents — election 368 regents elect president — powers (Art. IX) 13 regents control university (Art. IX) 14 V Vacancy — in office of county superintendent — how filled 86 of school directors — how filled • 95 of school directors Ill inboard of directors — absence may work 114 in boards of first-class districts 123 in judges of election — how filled 143 in high school committee — how filled 196 of union high school committee — how filled 208 Violation — of compulsory education law — penalty 80 Visits— of superintendent of public instruction 376 Vote— of elector rejected — when 143 246 INDEX Voter — Section privilege from arrest 5 see Electors. upon issuance of bonds — challeng-e 18 two may give notice of annual election , 142 W Wages — school boards fix amount of and pay 124 Warrants — school fund disbursed on warrant county superintendent 4 endorsed by county treasurer- — listed — draw interest — paid 103 in excess of tax levy unlawful 103 county treasurer pay in order of registration — notice to present 106 failure of county treasurer to publish call for payment of 108 upon county treasurer — president sign — drawn to person indebted 114 secretary draw and countersign 115 secretary draw and countersign — keep register of 115 treasurer countersign and keep account of 121 not drawn for payment of delinquent officer 122 rate of school interest — endorsed thereon 232 officer not deal in , 235 LIBRARY OF CONGRESS 020 975 496 4