SCHOOL LAWS A SUPPLEMENT TO THE SCHOOL LAWS OF INDIANA 1917 EDITION Prepared Under the Direction of LINNAEUS N* HINES State Superintendent of Public Instruction By BENJAMIN J. BURRIS Assistant School Laws Enacted by the General Assembly of 1919 A SUPPLEMENT TO THE School Laws of Indiana 1917 Edition Prepared Under the Direction of LINNAEUS N. HINES State Superintendent of Public Instruction By BENJAMIN J. BURRIS Assistant INDIAMAPOLIS: WM. B. BURFORD, CONTRACTOR TOR STATE PRINTING AND BINDING 1919 .X'< May 20, 1919. To School Officers and Teachers of Indiana: This pamphlet, containing the school laws passed by the General Assembly of 1919, together with extracts from re- cent court decisions and opinions of the Attorney-General, has been prepared as a supplement to the School Laws, 1917 edi- tion. These publications contain all the Indiana laws of prac- tical use and application, relating to the public schools, the higher institutions of learning and other closely affiliated in- stitutions. This supplement is issued with the hope that it will be found both valuable and convenient to school officers and teachers. Linnaeus N. Hines, Superintendent of Public Instruction. n. #f f>. FEB 3 192Q AN ACT entitled, An act concerning elementary schools, schools of cor- rectional and benevolent institutions, private and parochial schools, providing what shall be taught therein, prescribing penalties for any violation of this act, repealing all laws in conflict herewith, and declaring an emergency. [Acts 1919, p. 50.] All Subjects to be Taught in English. Section 1. Be it enacted by the General Assembly of the State of Indiana, That all subjects and branches taught in the elementary schools of the State of Indiana and all ele- mentary schools maintained in connection with benevolent or correctional institutions, shall be taught in the English lan- guage only, and the trustee, and such other officers as may be in control, shall have taught in them, orthography, reading, writing, arithmetic, geography, English grammar, physiology, history of the United States, scientific temperance and good behavior, and such other branches of learning as the advance- ment of pupils may require, and the trustee, and other officers in control direct : Provided, That the German language shall not be taught in any of the elementary schools of this state. The tuition in such schools shall be without charge. German Language Forbidden. Sec. 2. All private and parochial schools and all schools maintained in connection with the benevolent and correctional institutions within this state which instruct pupils who have not completed a course of study equivalent to that prescribed for the first eight grades of the elementary schools of this state, shall be taught in the English language only, and the persons or officers in control shall have taught in them such branches of learning as the advancement of pupils may re- quire, and the persons or officers in control direct : Provided, That the German language shall not be taught in any such schools within this state. Penalty. Sec. 3. Any person or persons violating the provisions of this act shall, upon conviction in a court of competent jurisdiction, be fined in any sum not less than twenty-five dollars and not more than one hundred dollars, or be impris- oned in the county jail for any period not exceeding six months, or both, and each separate day in which such act shall be violated shall constitute a separate offense. Repeal. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed. Validity of Act. Sec. 5. In case any section or sections of this act shall be held to be unconstitutional by the Supreme Court of Indiana such decision shall not affect the validity of the remaining sections. Emergency. Sec. 6. Whereas, an emergency exists for the immediate taking effect of this act, the same shall be in full force and effect from and after its passage. Note. — See page 50 for the attorney-general's interpretation of this act. AN ACT to amend section 2 of an act entitled "An act in relation to high school", approved March 9, 1907. [Acts 1919, p. 822.] Commissioned High Schools — Course of Study. Section 1. Be it enacted by the General Asseynbly of the State of Indiana, That section 2 of the above entitled act be amended to read as follows: Section 2. The following enu- merated studies shall be taught in all commissioned high schools throughout the state, together with such additional studies as any local board of education may elect to have taught in its high school: Provided, That such additions shall be subject to revision of the state board of education. Mathematics: Commercial arithmetic, algebra, geometry. History : United States, ancient, medieval or modern. Geog- raphy: Commercial or physical. English: Composition, rhetoric. Literature: English, American. Language (for- eign) : Latin or any modern foreign language except German. Science: Biology, physics or chemistry. Civil government: General, state. Drawing.- Music. Note. — See page 50 for the attorney-general's interpretation of this act. AN ACT to amend section 1 of an act entitled "An act to amend an act entitled 'An act to amend section one (1) of an act entitled "An act to classify and regulate the minimum wages of teachers in public schools," approved March 2, 1907, approved March 1, 1911'; and to amend section two (2) of an act entitled 'An act to classify and regulate the minimum wages of teachers in public schools,' ap- proved March 2, 1907," approved February 28, 1913. [Acts 1919, p. 768.] Daily Wages of Teachers — How Fixed. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section. 1 of the above entitled act be amended to read as follows : Section 1. That section one (1) of the above entitled act be amended to read as follows : Sec- tion 1. That the daily wages of teachers for teaching in the public schools of the state shall not be less, in the case of be- ginning teachers, than an amount determined by multiplying three and one-quarter cents (Sy^c) by the general average given such teacher on his highest grade of license at the time of contracting. For teachers having had a successful experi- ence for one (1) school year of not less than six (6) months, the daily wages shall be not less than an amount determined by multiplying three and three-quarter cents (3%^ by the general average given such teacher on his highest grade of license at the time of contracting. For teachers having had a successful experience for three (3) or more school years of not less than six (6) months each, the daily wages shall be not less than an amount determined by multiplying four and one-half cents (41/2C) by the general average given such teacher on his highest grade of license at the time of con- tracting. For teachers having had a successful experience of five (5) or more school years of not less than six (6) months each, the daily wages shall be not less than an amount determined by multiplying five cents (5c) by the general average given such teacher on his highest grade of li- cense at the time of contracting. All teachers now exempt from examination shall be paid, as daily wages for teaching in the public schools, not less than an amount determined by multiplying four and one-half cents (41/2C) by the general average of scholarship and success given such teacher: Pro- vided, That the grade of scholarship accounted in each case be that given at the teacher's last examination, and that the 2—16450 grade of success accounted be that of the teacher's term last preceding the date of contracting: and, Provided further, That two per cent (2%) shall be added to the teacher's general average of scholarship and success for attending the county institute the full number of days, and that said two per cent (2%) shall be added to the average scholarship of beginning teachers. Note. — This act and Sec. two, Acts of 1913, p. 104, should be con- strued together. Experience alone is not sufficient to entitle a teacher to an increase in salary. AN ACT concerning accredited normal schools and colleges and the training and licensing of teachers and issuing of provisional and life certificates and repealing "An act concerning normal schools and the training and licensing of teachers", approved March 11, 1907. [Acts 1919, p. 753.] State Teachers' Training Board — Powers and Duties. Section 1. Be it enacted by the General Assembly of the State of Indiana, That the State Board of Education, in addi- tion to its present powers and duties, shall be and is hereby constituted a state teachers' training board, and, as such, is authorized and directed to arrange for a regular system of normal school instruction throughout the state; to designate what schools and what professional departments in schools shall be accredited in the state system of normal school in- struction ; to fix conditions upon compliance with which pres- ent and future schools and departments may become accred- ited as a part of such system ; to establish, inspect, pass upon and approve, reject, alter, amend or enlarge courses of study and teaching in the several accredited normal schools and the accredited professional departments in schools of the state; and to determine upon credits to be allowed for the work of schools and departments, and equivalents, if any, to be ac- cepted for such work, or any part thereof. Said board shall make no rule, regulation or requirement applying to any accredited school or department which shall not under like circumstances apply to each and every accredited school and department in the state, nor shall any requirement be in ex- cess of the requirements of the Indiana State Normal School ; it being the purpose and intent of this act that all schools and departments for normal instruction and the training of teach- ers shall maintain as nearly as possible like standards of ex- cellence and efficiency. Prescribe Courses of Study — Certificates Recognized by State Normal. Sec. 2. The state teachers' training board shall have power and authority to prescribe courses of study upon completion of which graded certificates of work done may be granted by any such accredited school, which certificate shall be recog- nized by the Indiana State Normal School so far as such cer- tificates meet the requirements of said school's course. Authority to Approve Courses — Percentage of Credits. Sec. 3. That the state teacher's training board be and the same is hereby authorized to establish an approved two years' course and an approved four years' course for the training of teachers in any accredited school or department, maintaining a practice teaching department: Provided, That not less than one-fifth (1/5) of the number of credits in said courses shall be in professional subjects including observation and prac- tice teaching. Provisional Certificates. Sec. 4. That a graduate from any such two years' teachers' course shall be granted by the institution in which the course is completed, a provisional elementary certificate valid, when countersigned by the State Superintendent of Public Instruc- tion, for four (4) years thereafter for teaching in any public elementary school in the state without examination : Provided, That said teachers' course, of which such person is a graduate* has been and is approved by the state teachers' training board; and that a graduate from any such four (4) years' teachers' course shall be granted by the institution, in which the course is completed, a provisional high school certificate valid for four (4) years thereafter for teaching in any high school in the state, without examination, the subjects in the approved course in which he has earned two (2) full years' credit: Provided, That said teachers' course, of which such person is a graduate, has been and is approved by the state teachers' training board. 8 « "Accredited" School or Department. Sec. 5. Said state teachers' training board shall grant to each school and department accepting the provisions of this act and agreeing to be bound by the rules and regulations of said board the right to use the word "accredited" as a part of the title or name of such school or department, which right shall be revoked by said board at any time upon the refusal of any such school or department to abide by any rule or regu- lation of said board. Unlawful Use of Word "Accredited" — Penalty. Sec. 6. It shall be unlawful for any school or department, for normal instruction and the training of teachers, which has not accepted the provisions of this act or whose authority under this act has been revoked to use the word "accredited" as a part of its name or title or to state that such school or department has been accredited. If any officer, employee, agent, owner, or part owner, or instructor or teacher in any school or department for normal instruction and the training of teachers which has not been accredited as provided herein or whose authority hereunder has been revoked, as herein provided, shall use the word "accredited" as a part of the name or title of such school or department, or shall publish, advertise, announce or say that such school or department is accredited, upon conviction of the same, he shall be fined in any sum of not more than five hundred dollars ($500). Provisional Special or Supervisor's Certificate. Sec. 7. That a graduate from any such two years' teach- ers' course, having pursued special teaching or supervisory courses therein, in music, drawing, penmanship, manual train- ing, physical culture, domestic science, agriculture, kindergar- tening or such other studies as are required to be taught by special teachers or supervisors, be granted by the institution, in which said course or courses are completed, a provisional special or supervisor's certificate in such subject or subjects valid for four (4) years thereafter for teaching in any public elementary or high school in the state without examination : Provided, That the special or supervisor's course, of which such person is a graduate, has been approved by the state teacher's training board. 9 Life Certificate — To Whom Issued. Sec. 8. That it shall be the duty of the state teachers' training board to issue without examination to every holder of a state elementary provisional certificate, 'issued under the provisions of this act, a life certificate of like force and effect upon satisfactory evidence that the holder thereof has com- pleted at least two (2) years of successful teaching in the public elementary schools within the life of said provisional certificate; and to issue without examination a life state high school certificate to the holder of a high school provisional certificate, issued under the provisions of this act, for teaching in any high school in the state the subjects in which he has earned two (2) full years of credit, upon satisfactory evi- dence that the holder thereof has completed at least two (2) years of successful experience in high school teaching in said subjects. Power to Revoke Certificate. Sec. 9. That the state teacher's training board shall have power and authority to revoke any certificate issued under the provisions of this act, upon satisfactory evidence that the holder thereof is guilty of immorality, incompetency, neglect of duty or for the promulgation of any tenet or doctrine in conflict with the ideals and principles of our government. Fee for Life Certificate. Sec. 10. That each applicant, on receiving a life certificate under the provisions of this act, shall pay to the state teach- ers' training board a fee of five [dollars] ($5), which amount shall be paid by the board to the state treasurer and applied toward defraying the necessary expense incurred in carrying out the provisions of this act. Any unexpended balance on the first day of January of each year shall be paid into the state teachers' pension fund. Inspection and Supervision of Teachers' Training Courses. Sec. 11. That the State Superintendent of Public Instruc- tion, with the approval of the state teachers' training board, may appoint a suitable person to inspect and supervise said teachers' training courses and professional courses in said accredited schools and departments, under the direction of the state superintendent of public instruction and the state 10 teachers' training board. The salary and term of office of such person shall be fixed by the state teachers' training board and he shall be removable only by said board. • Classification of Graduates. Sec. 12. That the state teachers' training board be, and the same is hereby authorized to make proper classification of the graduates of the two year and four year teachers' training courses provided for in this act, for the purpose of ascertaining the minimum wage to which such graduates are entitled. Life Certificates for Teachers Now in Service — Qualifications. Sec. 13. That teachers now in service, who meet the edu- cational qualifications of the approved two and four year courses provided for in this act, and who have had at least fifty months of successful teaching experience, may be granted a life certificate for teaching under such rules and regulations as the state teachers' training board may see fit to adopt. Record of Approved Institutions in Other States. Sec. 14. That the state teachers' training board shall keep a record of approved institutions in other states main- taining a course for the training of teachers equivalent to the two and four year courses provided for in this act. Board May Countersign Life Certificates of Foreign Teachers. Sec. 15. That the state teachers' training board may coun- tersign life state certificates of teachers of other states when the holders of such certificates shall have furnished satis- factory evidence of good moral character and experience and success in teaching, as is required for life state certificates under the provisions of this act and when so countersigned such certificates shall be valid in any of the schools of this state: Provided, That the lequirements for obtaining the life certificates of other states shall be equivalent to the re- quirements for the same certificates in this state. Repeal. Sec. 16. That an act entitled "An act concerning normal schools and the training and licensing of teachers", approved March 11, 1907, be and the same is hereby repealed. 11 AN ACT to amend sections 1, 2, 6 and 9 and to repeal sections 4 and 11 of an act entitled "An act providing for regulating the transfer and transportation of children to schools," law without signature of the governor (1917). [Acts 1919, p. 66.] Schools Abandoned — Transportation. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 1 of the above entitled act be amended to read as follows: Section 1. That in all town- ships of this state where a school has been abandoned within the last twenty (20) years, or may hereafter be abandoned, the township trustees shall provide and maintain means of transportation for all pupils of such abandoned school dis- tricts who live a greater distance than one and one-half (l 1 /^) miles from the schools to which they are assigned : Provided, That any township trustee may provide means of transporta- tion for any pupils in any school district if the conditions in his township, in the judgment of the township trustee, war- rants the same. Transfer. Sec. 2. That section 2 of the above entitled act be amended to read as follows : Section 2. When pupils live within a dis- tance of one (1) mile nearer to another school of the same or different township in the same or different county, than the school to which they are assigned, it shall be the duty of the township trustee, upon application from the parent, guar- dian or custodian of such pupils, to issue a transfer to the nearer school. Drivers — Qualifications. Sec. 8. That section 6 of the above entitled act be amended to read as follows: Section 6. It shall be the duty of town- ship trustees to hire drivers for such wagons or conveyances who shall furnish safe teams except when automobiles are used. In all cases such drivers shall be eighteen (18) years of age or older and of good moral character, and must be experienced in the handling of teams or the driving of auto- mobiles, depending on which is used. 12 Expense. Sec. 4. That section 9 of the above entitled act be amended to read as follows: Section 9. The expense of the trans- portation of school children as necessitated by the provisions of this act shall be paid out of the special school fund and the expense of transfers shall be paid out of special school fund or the township fund or the tuition fund as now provided by law. Repeal. Sec. 5. That sections 4 and 11 of the above entitled act be and the same are hereby repealed. AN ACT concerning the salaries of the county superintendents of schools of this state. [Acts of 1919, p. 445.] Salaries of County Superintendents. Section 1. Be it .enacted by the General Assembly of the State of Indiana, That the board of county commissioners may, upon the petition of four hundred (400) resident free- holders of the county not more than one hundred of whom shall be residents of the same township and a majority of the township trustees of a county, allow an addition to the salary of the county superintendent of schools therein, in such amount as in the judgment of the majority of the petitioning township trustees the conditions in such county and the work required of such superintendent therein, may justify, not ex- ceeding one thousand dollars ($1,000) per year, payable to such county superintendent of schools in monthly installments out of the treasury of the county upon a warrant signed by the county auditor, and the county council shall appropriate, and the board of county commissioners shall allow, the funds necessary to make such payments. Act Supplemental. Sec. 2. This act shall be construed as supplemental to and not repealing an act entitled "An act concerning the salaries of the county superintendents of schools in counties contain- ing more than seventy-seven thousand (77,000) inhabitants as shown by the last preceding United States census and de- claring an emergency", approved February 28, 1913. 13 AN ACT to prevent accident [s] on public highways, and providing pen- alties for the violation thereof. [Acts of 1919, p. 591.] School Hack — Unlawful to Pass While Unloading - — Penalty. Section 1. Be it enacted by the General Assembly of the State of Indiana, It shall be unlawful for any person driving any automobile, motor truck or other motor vehicle, upon the public highway, on overtaking or meeting any school hack engaged in transporting school children to or from school, to pass such school hack while the same is being loaded or un- loaded with such school children. Any person violating the provisions of this section shall on conviction thereof be fined in any sum not to exceed twenty-five dollars. AN ACT to amend section 1 of an act entitled "An act to amend section' one (1) of an act entitled 'An act to provide for the election of school trustees in cities and incorporated towns, prescribing their terms of office and their powers and duties in relation thereto, and repealing all laws in conflict therewith', approved March 6, 1905," approved February 27, 1915. [Acts of 1919, p. 801.] Election of School Trustees in Cities or Incorporated Towns — Term of Office. Section 1. Be it enacted by the General Assembly of the State of Indiana,, That section 1 of the above entitled act be amended to read as follows: Section 1. That the common council of each city and the board of trustees of each incor- porated town of this state shall at a regular meeting of such common council or board of trustees, after the incorporation of such city or town elect three (3) school trustees, one of whom may be a woman, who shall hold their offices one (1), two (2) and three (3) years, respectively, from and after the first day of the next succeeding August, and not more than two (2) of whom shall be adherents of the same political party. The term of each of said trustees shall be determined by lot at the time of such election by such common council or board of trustees, and annually thereafter the common councils of each city and the board of trustees of each incor- porated town, at their regular meetings in the month of June, shall elect one (1) school trustee, who shall hold his office for 3—16450 14 three (3) years from the first day of the next succeeding Au- gust. Such trustees shall constitute the school board of the city or town, and before entering upon the duties of their offices they shall take an oath faithfully to discharge the duties of the same. They shall meet within five (5) days after the first day of August of each year and organize by electing one (1) of their number president, one (1) secretary and one (1) treasurer. The treasurer before entering upon the duties of his office shall execute a bond to the acceptance of the county auditor in a sum equal to the amount of money which may come into his hands at any one time during the year by virtue of his office. Provided, That in case of a newly incorporated city or town such trustees shall mee twithin five (5) days of their election and organize by electing the officers and giving the bonds as herein provided, which officers and bonds shall be continued until the first day of August next succeed- ing such organization. All vacancies that may occur in said board of school trustees shall be filled by the common council or board of trustees of the town, but such election to fill a vacancy shall only be for the unexpired term. The board of school trustees shall within five (5) days after the first day of August of each year reorganize their boards and the treas- urer thereof shall execute a bond for the ensuing year. Said trustees shall receive for their services such compensation as the common council of the city or the board of trustees of the town may deem just, which compensation shall be paid from the special school revenue of the city or town. AN ACT to amend section 10 of an act entitled "An act pi'oviding for the government of the state university, the management of its funds, and for the disposition of the lands thereof," approved June 17, 1852. [Acts of 1919, p. 735.] State University — Free Contingent Fees of Students. Section 1. Be it enacted by the General Assembly of the State of bidiana, That section 10 of the above entitled act be amended to read as follows: Section 10. The trustees shall provide for the payment of all contingent fees free of charge, of two (2) students from each county in this state, to be selected by the county superintendent of schools upon a basis 15 of scholarship attained during the entire course of high school training in the high schools of said county. First preference shall be given to the student having the highest general av- erage over his or her entire high school course as given in the high schools of said county and all succeeding preferences shall be given according to the comparative rank of such general average. Provided, however, That none of the provi- sions of this act shall apply to other than first year academic students. AN ACT to provide for the organization and maintenance of junior high schools, for the courses of study and the licensing of teachers therein. [Acts of 1919, p. 440.] Junior or Intermediate High School Courses. Section 1. Be it enacted by the General Assembly of the State of Indiana, That boards of school trustees, board of school commissioners, or township trustees, having in charge commissioned high schools, may prescribe junior high school or intermediate school courses of two or three years in length, and admit thereto pupils that have completed the sixth year of elementary school work. The first two years of such inter- mediate school course may include instruction in the subjects generally taught in the seventh and eighth grades of the ele- mentary schools, and may include such other studies, including secondary, pre-vocational and industrial subjects, as such boards of school trustees, boards of school commissioners, or township trustees may prescribe, and the State Board of Edu- cation approve. Teachers Employed — License. Sec. 2. Teachers employed in such junior high schools or intermediate schools shall be required to hold licenses only in the subjects they are required to teach and also in English and the Science of Education. Textbooks — Courses of Study. Sec. 3. It shall be the duty of the State Board of School Book Commissioners to adopt textbooks, to publish suggestive courses of study, and to devise report forms suitable to such junior high schools or intermediate schools. 16 Transfers and Admissions. Sec. 4. Transfers from other school corporations and ad- missions from other school districts in the same corporation to the corporation or school district maintaining such junior high school or intermediate school shall be granted by the board of school trustees, board of school commissioners or township trustee, concerned, on request, and in conformity with existing transfer laws. AN ACT to amend section 1 of an act entitled "An act permitting in- corporated towns to assume indebtedness of its school town, pro- viding for the payment of such indebtedness and declaring an emer- gency", approved February 23, 1917. [Acts of 1919, p. 828.] Town Trustee May Assume Indebtedness of School Town — Provisions. Section 1. Be it enacted by the General Assembly of the State of Indiana, That the trustees of any incorporated town, the inhabitants of which do not exceed two thousand (2,000), as shown by the last preceding United States census, may assume on behalf of such town any indebtedness of its corre- sponding school town, not exceeding five thousand dollars ($5,000), for the purpose of placing the school property of such school town in a status to be transferred to the school township of the township in whfch such school town is lo- cated, as provided by law: Provided, Such assumption will relieve the school town of all indebtedness: and Provided, further, That the school township trustee of the township in which such town is situated shall undertake and agree upon the transfer to the school township of such school property to erect a convenient township central school building of suf- ficient capacity to comfortably serve the school needs of such school town and school township: Provided, however, That the board of trustees of any incorporated town in this state, the inhabitants of which do not exceed two thousand (2,000) as shown by the last preceding United States census, and hav- ing a school indebtedness of seventeen thousand dollars ($17,- 000) or more, may, on behalf of such civil town, assume any portion of the indebtedness of any such corresponding school town not exceeding in the aggregate two-thirds (2/3) 17 of the total amount of such indebtedness : Provided, That such assumption of indebtedness by such civil town shall place such corresponding school town in a condition to continue the schools of such town. AN ACT providing for the transfer of pupils from a high school of one school corporation to a high scjiool of another school corporation, and providing for payment of tuition. [Acts of 1919, p. 140.] High School Transfers. Section 1. Be it enacted by the General Assembly of the State of Indiana, "That whenever any pupil, who is a resi- dent of any city or town of this state, resides within two miles of a high school in an adjoining city or town, and more than four miles from the nearest high school of the city or town in which such pupil resides, then, upon application made by the parent, guardian or custodian of such pupil, to the board of school trustees of the city or town in which such pupil resides, it shall be the mandatory duty of such board of school trustees to grant an order of transfer to such pupil to the nearest high school in such adjoining city or town, which shall entitle such pupil to attend said high school. The tuition for such pupil shall be paid in the manner and in such sum as is provided by the law governing other transfers from one high school to another." AN ACT to amend section 3 of an act entitled "An act to enable counties to receive donations of buildings and grounds for high-school pur- poses, and to provide for the maintenance of the same, and declar- ing an emergency". Law without signature of Governor (1889). [Acts of 1919, p. 715.] County High School Buildings — Trustees to Levy Tax. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 3 of the above entitled act be amended to read as follows : Section 3. It shall be the duty of such board of trustees : First. To levy annually a tax for the support of said county school, on the taxable property of all townships, towns and cities of such county in which no 18 commissioned high school is maintained by the school cor- poration thereof which tax shall be assessed and collected as the taxes for state and county revenues are assessed and collected : Provided, That no such tax levy in any one ( 1 ) year, shall exceed the sum of fifteen cents (15c) on each one hundred dollars ($100) of the taxable property in their re- spective counties. Second. To take control of all property belonging to said school and to make all necessary improve- ments and repairs to the same to organize such school and adopt and enforce rules for the government of the same, pur- chase apparatus and general supplies, employ and pay teach- ers, appoint superintendent, establish a course of study in compliance with the laws of the state relative to courses of study and the rules and regulations of the State Board of Education issued in reference thereto; subject to the condi- tions hereinafter prescribed, to admit to such county school or to furnish by transfer, high school advantages without cost of tuition to all pupils who are prepared to enter the high school department of the common schools, and who are resi- dents of any township, town or city subject to taxation for the maintenance and support of such county school; subject to the conditions hereinafter prescribed, to fix terms and rules for admitting pupils not resident of their respective counties, and to do all other necessary acts for the proper management of said school. All laws of the state now or hereafter in force shall apply with reference to the transfer of children of school age for school purposes, and the board of trustees of such county school shall possess all the powers and be subject to all the provisions of law now in force or hereafter enacted relative to the transfer of school children. AN ACT providing for the consolidation of township schools with the schools of incorporated towns in the township in certain cases. [Acts of 1919, p. 830.] Consolidation of Town and Township Schools. Section 1. Be it enacted by the General Assembly of the State of Indiana, That any incorporated town in this state having a population of not to exceed two thousand (2,000) as 19 shown by the last preceding United States census, by and through its board of school trustees, and the township wherein such town is situated, in all cases where all the township schools outside of such incorporated town are consolidated, and wherein such township has and maintains a consolidated township graded and high school, and where the town and township existing law maintain a joint graded and high school within such incorporated town, by and through the trustees of such township, are hereby authorized and empowered to contract with each other, on behalf of such town and such township, relative to all matters pertaining to the use of such joint school located within such incorporated town by all of the inhabitants of such township, including the inhabitants of such town, and relative to all matters pertaining to the joint care, custody, repairs, management, maintenance, sup- port, conduct and control of such joint common or grade schools and high schools located within the corporate limits of such town, and in any such contract it may be provided that the expense of such joint care, custody, repairs, management, maintenance, support, conduct and control of such joint grade and high school which is located within such incorporated town, shall be borne pro rata by such incorporated town and by such township, respectively, in such proportion as the assessed valuation of the taxable property of such township, outside of such town, and which is within said joint township and town graded and high school district, bears to the assessed valuation of the taxable property within such town, or that each such school corporation shall assume one- half (1/2) of the necessary expense of operating and main- taining such school during any school year and shall make a levy on the taxable property therein sufficient to produce such amount. Act Supplemental. Sec. 2. This act shall not be construed to affect or repeal any existing law but shall be deemed as supplemental thereto. 20 AN ACT to amend section 6 of an act entitled "An act relating to con- gressional township school lands and the funds arising therefrom, in cases where townships are divided by county lines; providing for distribution of the proceeds thereof, prescribing the duties of county auditors and other officers relating thereto, fixing compensation of auditors, and other matters connected with the subject-matter of the act, and declaring an emergency," approved March 12, 1877. [Acts of 1919, p. 716.] Congressional Township School Lands. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 6 of the above entitled act be amended: to read as follows: Section 6. The process con- templated by this act shall continue so long as any lands re- main unsold, or any securities are uncollected, and until each county shall have become possessed of its proper share of such fnud in money, when the accounts here required to be kept shall be closed and reported as aforesaid: Provided, That in the year 1921, and every ten (10) years thereafter, there shall be a readjustment of said fund belonging to each congressional township, upon the basis of the number of school children enumerated in each part of such congressional township as hereinbefore provided, and the Superintendent of Public In- struction shall reckon and prepare the required amounts due each portion of each divided township, and, upon his official notice to the debtor county, the auditor of such county having a surplus of such fund, according to such basis shall pay to the treasurer of the county interested the amount of money due said county upon the per capita basis then existing, as reckoned by the Superintendent of Public Instruction. AN ACT providing for appeals from certain decisions of the State Board of Health of Indiana and prescribing the procedure therefor. [Acts of 1919, p. 471.] Appeals from State Board of Health. Section 1. Be it enacted by the General Assembly of the State of Indiana, That an appeal shall hereafter lie from all decisions of the State Board of Health of Indiana in any mat- ter involving the building, changing or condemnation of any school building in the State of Indiana. Said appeal may be taken by any township trustee, board of school trustees or 21 board of school commissioners, or by any members of any township advisory board, or by ten (10) or more residents and taxpayers of any township, town or city where said mat- ter involving the building, changing or condemnation of such school building occurred ; and said appeal may be taken to any circuit or superior court of the county where such town- ship is located and final appeal therefrom may be had to any court of last resort in the State of Indiana. Said appeal shall be taken in the name or names of the person or persons taking same, or in the name of the officer taking same. Said appeal shall be perfected by filing in the office of the clerk of the court to which said appeal is taken, within thirty (30) days from the date of final decision by the state board of health so ordering such changing or condemnation or building of such school building, a complaint or petition setting forth the facts complained of. The state board of health of Indiana and in the event said appeal is taken by the residents and taxpayers, as herein provided, or by a member, or members of the township advisory board, the township trustee, board of school commissioners, or board of school trustees shall be named as parties defendant to such cause or action. Notice of the filing and pendency of such appeal shall be made by serving a summons, regularly issued out of said court where same is pending, on the secretary of the state board of health of Indiana, at least ten (10) days prior to the hearing of said cause, and thereafter said appeal shall be tried as other civil causes are tried in the State of Indiana. Provided, That if appeal be taken by private citizens, bond approved by the court shall be given to cover costs and reasonable attorney's fees, if such appeal shall not be sustained, AN ACT concerning the establishment and maintenance of kindergarten schools. [Acts of 1919, p. 769.] Establishment of Free Kindergartens. Section 1. Be it enacted by the General Assembly of the State of Indiana, That the board of school trustees or the board of school commissioners of any incorporated town or city may establish and maintain, in connection with the other schools of such town or city, a free kindergarten or kinder- 22 gartens for the instruction of children between the ages of four and six years, the expense of which shall be paid for in the same manner as other grades and departments now estab- lished in the, common schools of such school corporation. Tax Levy — Rate. Sec. 2. For the purpose of establishing and maintaining any such free kindergarten, the proper school authorities may, in fixing the annual levy of taxes for school purposes, include therein not to exceed two cents on the one hundred dollars of taxable property located within any such school corporation; but nothing herein contained shall prevent such school authori- ties from providing for such free kindergarten from the same revenue and in the same manner as other grades and depart- ments in the common schools of such school corporations are provided for. Use of Funds to Assist Approved Associations. Sec. 3. Any such school authorities may, in their discretion, apply the fund provided for in section 2, of this act, or such portion thereof as they deem advisable, to the aid, mainte- nance and support of free kindergarten schools conducted by any association incorporated for that purpose: Provided, however, That such association in any town or city shall have the approval of the board of school trustees or board of school commissioners of such town or city. AN ACT to amend section 1 of an act entitled "An act providing for the sale of school property, and declaring an emergency", approved March 12, 1907. [Acts of 1919, p. 695.] Sale of School Property — Trustee to Execute Deed. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 1 of the above entitled act be amended to read as follows: Section 1. That in all cases where school properties have not been used and occupied for school purposes for a period of two (2) years, or are unnec- essary by reason of the construction of other schoolhouses, and the said school property shall belong unconditionally to the township, the proper trustee may, upon petition signed by two-thirds (2/3) of the qualified voters of the school district 23 wherein said property is situated, sell the same for the highest price that can be obtained therefor, but not less than two- thirds (2/3) of its appraised value, and upon the payment of the purchase money to the township trustee, he shall exe- cute to the purchaser a deed of conveyance, -if of real estate, and a bill of sale if of building or buildings, which shall be sufficient to vest in such purchaser all the title of such town- ship thereto: Provided, That if any schoolhouse shall have been abandoned and neither used nor occupied for school pur- poses for a period of ten (10) years, the proper trustee, by and with the consent and approval of the township advisory board, may sell such schoolhouse for the highest price that can be obtained therefor, but not less than two-thirds (2/3) of its appraised value, and upon the payment of the purchase money to the township trustee, he shall execute to the pur- chaser a deed of conveyance, if of real estate, and a bill of sale if of building or buildings, which shall be sufficient to vest in such purchaser all the title of such township thereto. Any such sale shall be made only after any such property has been duly appraised by three disinterested householders of the neighborhood, as other property is required to be ap- praised, and the publication of notice of the sale thereof for three (3) successive weeks in a newspaper of general circu- lation printed and published in the township, if any, other- wise in such paper printed and published in the township nearest thereto, and by posting five (5) notices of such sale in the township, three (3) of which shall be in the district wherein any such property is situated, at least three weeks prior to the date of such sale. The money derived from the sale of any such property shall be a part of the special school revenue, and shall be duly reported and accounted for by such trustee. AN ACT permitting incorporated towns not exceeding two thousand in- habitants, having a school indebtedness to discontinue school boards, and provisions made for transfer of school property to township trustees. [Acts of 1919, p. 818.] Abandonment of Schools in Towns. Section 1. Be it enacted by the General Assembly of the State of Indiana, That any incorporated town in the state, that 24 has a school indebtedness, the population of which town does not exceed two thousand as shown by the last preceding gen- eral census, may, through its town board of trustees, abandon and discontinue its management and control of public schools within such incorporated town, and abolish the board of school trustees therein, upon an agreement with the township trustee of the township in which such town is located to take over the school property of such town, in terms as in this act provided. Township May Purchase Building and Equipment. Sec. 2. That whenever any school town in any township desiring to abandon and discontinue its management and con- trol of public schools within such incorporated town is in- debted in any amount when such abandonment and discon- tinuance is proposed, or whenever the corresponding civil town or whenever both such corporations are so indebted for school purposes it shall be lawful for the township to purchase the school building, buildings and equipment at a valuation which shall be fixed by the county superintendent, auditor and assessor, at an amount not exceeding such indebtedness : Provided, Such indebtedness does not exceed one per cent of the combined-assessed valuation of the township and town, and in case of such purchase such township shall assume such indebtedness of such school and civil town and such school trustees of said town shall make out and deliver to such town- ship trustee a record of such indebtedness, and the page of the record where recorded, the date of the bonds or other evi- dence of indebtedness assumed, the denominations thereof, the rate of interest they bear, when the same become due and where payable and when and where the interest thereon is payable, and transfer such building, buildings and equipment to the township, by making and causing to be made a good and sufficient deed, conveying all real estate belonging to such school town to the township in which such incorporated town is located, and shall transfer all the personal property and fixtures belonging to such school town to such township, all of which shall be accepted and held by such township trustee for the use and purpose of the school township wherein such property is located. Under Control of Township Trustee. Sec. 3. After the requirements set forth in the preceding section are complied with, the township trustee shall have 25 the full and complete control of all the schools within such town, and shall conduct the same as provided by law for the other schools of such township. AN ACT to amend section 1 of an act entitled "An act to amend section two (2) of an act entitled 'An act requiring the establishment and maintenance of township high schools, or joint high schools and elementary schools, and matters properly connected therewith,' ap- proved March 7, 1913," lav/ without signature of Governor (1917) and to amend section 3 of an act entitled "An act requiring the establishment and maintenance of township high schools, or joint high schools and elementary schools, and matters properly connected therewith," approved March 7, 1913. [Acts of 1919, p. 806.] Establishing Township High Schools or Joint High Schools. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 1 of the first above entitled act be amended to read as follows. Section 1. That section two (2) of an act entitled "An act requiring the establishment and maintenance of township high schools, or joint high schools and elementary schools, and matters properly connected there- with," approved March 7, 1913, be and the same is hereby amended to read as follows : Section 2. That in each town- ship in this state having an assessed valuation of more than six hundred thousand dollars ($600,000) of taxable property, and wherein there is not now established a high school in such township or in any town within such township and where there is no high school within three (3) miles of any boun- dary line of such township, and wherein for each of the two (2) years last passed there have been eight (8) or more grad- uates of the township elementary schools residing in such township, the township trustee shall establish and maintain therein a high school and employ competent teachers therefor : Provided, That in townships having an assessed valuation of more than twelve hundred and fifty thousand dollars ($1,250,000) of taxable property, whenever one-third (1/3) or more of parents, guardians, heads of families or persons living in such township and having charge of children who were enumerated for school purposes in said township, at the last preceding enumeration, petition the trustee of said town- ship to establish and maintain a high school, or joint high 26 school and elementary school, said trustee shall establish and maintain therein a high school or joint high school and ele- mentary school and employ competent teachers therefor, not- withstanding there may be an established high school within three (3) miles of a boundary line of such township: Pro- vided further, That in computing the distance of a boundary line of any township from any high school outside of said township, as contemplated in this act, said distance shall be measured on the shortest direct line from said high school building to the boundary line of said township : and Provided further, That in all cases where no contract has been awarded for the construction of any high school or joint high school and elementary school building, in proceedings instituted un- der the provisions of the amended section of this act which is by this act amended, the procedure as to the filing of the original petition or petitions with the township trustee and all subsequent proceedings under said amended act shall be re- commenced and shall be carried out under the provisions of this act and not otherwise. Location of Building. Sec. 2. That section 3 of the second above entitled act be amended to read as follows : Section 3. The location of such school shall be determined by the township trustee and he shall give public notice of the place so determined upon by him by publication in one (1) issue each week for three (3) consecu- tive weeks in each of the two (2) leading newspapers repre- senting the two (2) political parties casting the largest num- ber of votes for Secretary of State at the last preceding gen- eral election, if such there be, and by posting at least one (1) similar notice in some conspicuous place in each school dis- trict in said township and if within twenty (20) days after the completion of such notice, one (1) or more petitions, each signed by twenty (20) or more parents, guardians, heads of families or persons living in such township and having charge of children, who were enumerated for school purposes in said township, at the last preceding enumeration, for another lo- cation other than the one determined upon by said township trustee, as set out in his said notice, the matter shall be ap- pealed to the county superintendent of schools, who shall de- termine upon the location of said school and his decision shall 27 be final, and said township trustee shall proceed in the execu- tion of the provisions of this act. Emergency. Sec. 3. Whereas, an emergency exists for the immediate taking effect of this act, the same shall be in full force and effect from and after its passage. AN ACT entitled "An act concerning joint high schools, for cities, towns, township or townships in which they are located and providing for the purchase, sale, conduct, management and support thereof and declaring an emergency. • [Acts of 1919, p. 686.] Joint City and Township High Schools. Section 1. Be it enacted by the General Assembly of the State of Indiana, That any incorporated city or town in this state, the inhabitants of which do not exceed six thousand (6,000) in number as shown by the last preceding United States census, having school indebtedness, by and through its school trustees, and the township trustee of the township wherein any city is situate, are hereby authorized and em- powered to contract with each other, on behalf of such city and such township, whenever there is no high school within such township, except the high school located wholly within such incorporated city or town, relative to all matters per- taining to the use of such high school by all of the inhabitants of such township including the inhabitants of such city or town, and relative to all matters pertaining to the sale, or purchase of real estate and building or buildings or an interest therein, and the joint ownership of the same, and also relative to the joint care, custody, repairs, management, maintenance, support, conduct and control of such high school located with- in the corporate limits of such city, and in any such contract it may be provided that the expense of such joint care, cus- tody, repairs, management, maintenance, support, conduct and control may be borne pro rata by such incorporated city and by such township, in such proportion as the number of pupils enrolled in such high schools from such township, outside of such city, bears to the number of pupils enrolled in such high school from within such city or town : Provided, That nothing 28 in this act shall apply to nor affect joint high schools built and operating under the act of 1911, and that no contracts for their maintenance based on the assessed valuation of the school towns and townships thereunder shall be altered or changed by any of the provisions of this act. The township trustee of such township shall be ex-officio a member of the board of trustees of such city in the management and control of such joint high school, and his vote as a member of such board in the control and management of such joint high school shall be in such proportion as the number of pupils enrolled in such school from the township outside of such city or town bears to the number of pupils enrolled in such high school from within the corporate limits of such city or town : Pro- vided, That before any such township shall buy or sell any real estate, building, buildings, or interest therein they shall cause the same to be appraised by three (3) reputable citizens of the county appointed by the circuit judge wherein said cor- porations are situated and said township trustee and the board of trustees of such city or town are hereby authorized to buy or sell as the case may be at such appraised value, and the cor- porations selling shall execute deeds for the interest purchased and the corporation buying shall have the right to execute its bonds for the purpose of procuring money with which to buy any real estate, building, buildings or interest therein, or for the purpose of carrying out any of the provisions of this act, said bonds to be issued under the laws now in force providing for the issuing of bonds by said corporations. This act shall not effect [affect] pending litigation. Emergency. Sec. 2. Whereas an emergency exists this act shall be in full force and effect from and after its passage. AN ACT providing for the creation of joint high school and elementary school districts and prescribing their powers and duties. [Acts of 1919, p. 811.] Consolidated School Districts — Petitions. Section 1. Be it enacted by the General Assembly of the State of Indiana, That the trustees of two (2) or more ad- jacent townships, one (1) of which townships is maintaining 29 a high school, may establish a new school district, consisting of such adjacent townships, and maintain therein a joint high school or a joint elementary and high school at the joint ex- pense of the several townships, whenever in their judgment it shall appear necessary for the better accommodation of the people of the respective townships. The necessity for the creation of a new consolidated school district shall be set forth in a petition of the majority of patrons in each township af- fected by such school making the request and a copy of such petition shall be presented to the trustee of each of the town- ships affected. Such trustees shall, at a time to be agreed upon by them, not less than ten (10) days nor more than thirty (30) days from the time of receiving such petition, hold a joint meeting for the purpose of considering such peti- tion and determining whether such petition shall be granted. In the event that such petition shall be granted, the several trustees affected shall enter into a contract declaring the re- spective townships a consolidated school district and shall in such contract set forth also whether the consolidating town- ships shall maintain a joint high school or a joint elementary and high school, and in either case the trustees of the town- ships comprised in such consolidated school district shall as- sume charge and supervision of the high school already estab- lished within such district and shall maintain the same in the manner hereinafter provided. Trustees— Powers and Duties. Sec. 2. In any such contract so entered into between the trustees of any two (2) or more townships combining to form a consolidated school district, such trustees may agree to the purchase of grounds, the erection of a building or buildings, the making of repairs or [on] present buildings or additions thereto and by equipping the same in accordance with exist- ing laws governing school townships in such procedure, in- cluding the issuing of the notes or bonds of the respective townships consolidating and the payment of the same. Establishing a Board of Control. Sec. 3. A board of control for such school or schools shall be established and maintained by such contract, consisting of the township trustee of each township included in such district and a party to such contract, and such board shall 30 have full control and management of such school or schools as may be established or maintained by such contract, each mem- ber being entitled to an equal vote in such control and manage- ment : Provided, That in case of a tie vote on the question of management or control of such school or schools then and in that event the county superintendent of the county in which said school is located shall cast the deciding vote in such control or management. Board of Control — Powers and Duties. Sec. 4. The board of control of such consolidated school district shall prepare annually prior to the time for the levy of school taxes for any year, an itemized statement of the cost of all expenditures for improvements and maintenance of such joint high school or joint high school and elementary school for the previous year, with an itemized estimate of the cost of all proposed improvements, changes, equipment and ex- penses incidental thereto for the ensuing year, including any notes, bonds or interest thereon falling due and issued under any contract made under the provisions of this act, and such school officials shall meet and determine the expenditures needed and the total amount required for any unpaid obliga- tions, improvements or requirements for the ensuing fiscal year of such high school or joint high school and elementary school. The total amount shall then be apportioned among the several townships affected or benefited thereby in propor- tion to the last official assessed valuation in each of said town- ships in said high school or joint high school and elementary school district. Such officials of each [such] townships shall pay out of the school funds of the township the amount ap- portioned to their respective townships for the maintenance of such high school or joint high school and elementary school and may issue notes or sell the bonds of their respective town- ships for any permanent improvements in such high school or joint high school and elementary school, or pay the same out of the special school fund in their discretion. The township shall assess such sums on the entire property within the town- ship. Construction of Act. Sec. 5. It is the intent of this act that its provisions shall be additional to any statutory provisions for the establishment 31 and maintenance of high schools or graded schools. This act shall not therefore be construed to repeal, in whole or in part, any other statute having to do with the establishment, main- tenance or support of public high schools, except as herein provided. Emergency. Sec. 6. Whereas an emergency exists for the immediate taking effect of this act, the same shall be in full force and effect from and after its passage. AN ACT to provide for the establishment, maintenance and supervi- sion of courses in physical education in the elementary, high schools and accredited schools of the state. [Acts of 1919, p. 682.] Physical Education Courses in Schools. Section 1. Be it enacted by the General Assembly of the State of Indiana, That the State Board of Education may pre- scribe suitable courses of instruction in physical education, in accordance with the provisions of this act, for all pupils en- rolled in the private, elementary and high schools of the state, except pupils who may be excused from such training on ac- count of physical disability, such physical disability to be de- termined by the health supervisor of the school corporation, if there be a health supervisor, or by any reputable physician licensed to practice medicine in the state. Such courses of instruction in physical training shall be adapted to the ages and capabilities of the pupils in the several grades of the ele- mentary and high schools and shall include physical exercises, calisthenics, formation drills, games and athletics and such other features and details as, in the discretion of the State Board of Education, may aid in carrying out the spirit and purpose of this act. Aims and Purposes. Sec. 2. The aims and purposes of the course of physical education established under the provisions of this act shall be as follows : (1) To develop physical and organic vigor; provide neuro- muscular training; promote bodily and mental poise; correct 32 and prevent postural and bodily defect; and to develop a cor- rect carriage and mental and physical alertness. (2) To secure the more advanced forms of co-ordination, strength and endurance, and to promote the more desirable moral and social qualities, such as an appreciation of the value of co-operation under leadership, self-subordination, obedi- ence to authority, higher ideals, courage, self-reliance, disci- plined initiative, self-control and a wholesome and robust in- terest in recreational activities. (3) To promote a hygienic school and home life and to se- cure scientific supervision of the sanitation of school build- ings, playgrounds and athletic fields and the necessary equip- ment thereof. (4) Such course may likewise include suitable instruction in personal and community health and safety ; the privileges and responsibilities of citizenship as they are related to community and national welfare the production of the highest type of patriotic citizenship; and domestic hygiene and first aid. Duty of Township Trustee — Required Attendance — Credits. Sec. 3. It shall be the duty of the township trustee, board of school trustees or board of school commissioners of each school corporation in which courses in physical education are established in accordance with the provisions of this act to provide for, install and enforce such courses of physical edu- cation as may be prescribed by the state board of education in accordance with the provisions of this act, and to require that such physical education be given in the schools under their jurisdiction and control. All pupils enrolled in the ele- mentary schools of the state, except pupils excused therefrom in accordance with the provisions of this act, shall be required to attend upon and receive instruction in such prescribed courses of physical education during periods which shall av- erage not less than fifteen minutes in each school day; and all pupils enrolled in the high schools of the state, except pu- pils excused therefrom in accordance with the provisions of this act, shall be required to attend upon and receive instruc- tion in such prescribed courses of physical education for at least two hours each week that school is in session. Begin- ning with the school year 1919-1920, the successful completion of a course in physical education, as prescribed by the State Board of Education, in accordance with the provisions of this 33 act, including the minimum number of hours of physical train- ing prescribed, shall entitle any pupil who has completed such course to a credit or credits in promotion or graduation from the school attended by any such pupil. The conduct and at- tainment in physical education of the pupils of the several grades in the elementary and high schools, taking such course, shall be marked as in other courses or subjects, and the stand- ing of the pupil in connection therewith shall form a part of the requirements for promotion or graduation. EmpIo3 r ment of Teachers of Physical Education— Salary. Sec. 4. When the number of pupils in any school corpora- tion is sufficient, such school corporation, through its properly constituted school authorities, may employ one or more com- petent teachers of physical education. The school authorities of two or more contiguous school corporations may, by written agreement, join in the employment of a competent teacher or' teachers of physical education for the schools of such con- tiguous school corporations, and the salary of such teacher or teachers shall be apportioned on the basis of the assessed valuation of the taxable property of the joining school cor- porations. It is hereby made the duty of the State Board of Education to determine when courses in physical education shall be established and where teachers of physical education shall be employed, under the provision of this section, in any school corporation or in contiguous school corporations. Accredited Schools and Departments. Sec. 5. The State Board of Education, in arranging for a regular system of normal school instruction throughout the state, and in designating what schools and professional de- partments therein shall be accredited in the state system of normal school instruction, may prescribe and require that no public or private educational institution of the state shall be admitted to the "accredited" class of the state system of nor- mal school instruction unless and until such educational in- stitutions shall prescribe a suitable course in physical educa- tion, to be approved by the board, and shall make the com- pletion of such course a requirement for graduation : Pro- vided, That the provisions of this section shall not apply to any educational institution admitted to the "accredited" class prior to the passage of this act, but no such educational insti- 34 tution shall be continued in the "accredited" class after the beginning of the school year 1919-1920 unless such institution shall in all respects comply with the provisions of this section. Rules and Regulations — -Special Assistants. Sec. 6. It shall be the duty of the State Superintendent of Public Instruction with the advice of the State Board of Edu- cation to adopt and promulgate such rules and regulations and to employ such special assistants from time to time as may be necessary to secure the establishment and maintenance of courses in physical education in the elementary and high schools and accredited schools of the state in accordance with the provisions of this act. Qualifications and Examinations of Teachers. Sec. 7. The State Board of Education shall from time to time prescribe necessary qualifications and conduct examina- tions of teachers in physical training. When Established. Sec. 8. All courses of physical education contemplated in this act shall be established at the beginning of the school year 1919-1920 and shall thereafter be maintained. Appropriation. Sec. 9. The sum of five hundred dollars or such part there- of as may be needed is hereby appropriated annually for the enforcement of the provisions of this act. Application of Act. Sec. 10. The provisions of this act shall apply only to cities and incorporated towns of five thousand (5,000) or more population, according to the last preceding United States census. • AN ACT concerning the success grades of certain beginning teachers who resigned to enter the naval or military service of the United States during the late war. [Acts of 1919, p. 591.] Success Grade — United States Service Counted. Section 1. Be it enacted by the General Asse?nbly of the State of Indiana, That in all cases when any teacher without 35 previous experience began teaching at any time after the United States entered the late war and resigned to enter any branch of the naval or military service of the United States before having completed the necessary six months of teaching as now provided by law to secure a success grade, the time so served in the naval or military service of the United States shall be counted as teaching experience in awarding success grades and the salaries of such teachers shall be computed accordingly. AN ACT for the reimbursement of school townships whose school prop- erty has been or shall be annexed to any city or incorporated town. [Acts of 1919, p. 463.] Reimbursement of School Townships. Section 1. Be it enacted by the General Assembly of the State m of Indiana, That in all cases where any city or incor- porated town of this state shall hereafter annex any territory, or where any town shall be hereafter incorporated in which territory so annexed or incorporated there shall be real estate of any school township held by it for school purposes, and such school township shall, at the date of annexation, be in- debted either for the purchase of said real estate or for build- ings constructed thereon, it shall be and is hereby made the duty of the common school corporation of such city or incor- porated town to pay such indebtedness, and such city or town school corporation is hereby made liable therefor. Until such city or town school corporation shall have paid such indebted- ness, it shall not be entitled to a deed for such real estate, and to the extent such indebtedness shall be paid by such school township, such school township shall be entitled to recover from said city or town school corporation the amount so paid with interest at the rate of six per cent per annum from the date of payment. Upon the payment by such city or town school corporation of the full amount of such indebtedness, either by reimbursement of said township school corporation or by payment direct to said school townships creditor, the said city or town school corporation shall be entitled to a deed for such real estate as now by law provided. 36 Liability of City or Town School Corporations. Sec. 2. Whenever any such annexation or incorporation has been made prior to the passage of this act, and since Feb- ruary 28, 1913, such city or town school corporation shall be liable, as above in Section 1 expressed, for any such indebted- ness remaining unpaid at the date of the passage of this act and for any such indebtedness existing before the passage of this act which has, after annexation or incorporation, been paid by such township school corporation as fully as such lia- bility would exist had the annexation or incorporation been made after the taking effect of this act, and such town or city school corporation shall not be entitled to a deed for such township school real estate until it shall have paid such debt and have reimbursed said township school corporation as ex- pressed in Section 1 of this act, and upon such payment and reimbursement such town or city school corporation shall be entitled to a deed for such real estate as now by law provided. Emergency. Sec. 3. An emergency is hereby declared to exist for the immediate taking effect of this act, and, therefore, the same shall be in full force and effect from and after its passage. AN ACT to amend section one (1) of an act entitled "An act to amend sections one (1), two (2) and three (3) of an act entitled 'An act to empower the board of school trustees in cities of the second class to issue, negotiate and sell bonds of the school city or corporation to procure means to erect school buildings in such school city or corpor- ation, or to pay for the cost of buildings already erected therein, or any other indebtedness of the school city or corporation. Also to empower the said trustees to levy and collect special taxes for the payment of such bonds, and to provide a sinking fund or other means for the payment of such bonds, and providing for the repeal of all laws in conflict therewith, and declaring an emergency for the im- mediate taking effect of this act.' Approved March 5th, 1907," ap- proved March 3, 1909. [Acts of 1919, p. 424.] School Improvement Bonds — Notice — Sale. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 1 of the above entitled act be and the same is hereby amended to read as follows : Section 37 1. The board of trustees of the school corporation in any city of the second class in this state is hereby authorized and empowered to issue, negotiate and sell the negotiable bonds of such school city or corporation in such sums and denomina- tions as such board may deem advisable for school uses and purposes, including the purchase of real estate, the repair and erection of buildings, and their equipment for school purposes, including the cost of lighting, heating and sanitation and the payment of any existing indebtedness for any of the purposes aforesaid. Such bonds shall be known as "school improve- ment bonds" and payable at such places and at such times as such board may determine and as may be stated in the bonds and shall bear interest not to exceed five (5) per centum per annum, payable annually or semi-annually, for which interest coupons may be attached to said bonds, and may be negotiated and delivered at any market place at not less than their par value. Such bonds may be issued from time to time as the needs of such school city or corporation shall require: Pro- vided, however, That the aggregate amount of all such bonds of such school city or corporation, including all prior issues outstanding at any one time, shall not exceed two (2) per centum on the value of the taxable property within such city or corporation as ascertained by the last assessment for state and county taxes previous to the incurring of such indebted- ness. No bonds shall be issued until the money therefor is paid to the treasurer of such board and interest thereon shall begin to accrue at the time of delivery thereof. Preparatory to offering such bonds for sale, the board of school trustees shall give notice for not less than three (3) weeks, of the date fixed for the sale of such bonds, together with a descrip- tion of such bonds, and of such offer, and invite bids therefor. Such notice shall be given by advertisements once each week in at least one (1) newspaper published in such school city or corporation, the last of which publications shall be made at least 'one (1) week before "the date fixed for the sale of such bonds, and by such other notice or advertisement as the board may make. Said board shall sell such bonds to the highest or best bidder, but shall have the right to reject any and all bids. 38 AN ACT to amend section 1 of an act entitled "An act to authorize the school trustees of the several townships, towns and cities to levy a tax for school purposes, and repealing all laws in conflict therewith," approved March 9, 1903. [Acts of 1919, p. 99.] Supplementary Tuition Fund — Tax Levy. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section one of the above entitled act be amended to read as follows, to wit: Section 1. The school trustees of the several townships, towns and cities shall have the power to levy annually a tax of not to exceed seventy-five cents on each hundred dollars of taxable property and twenty- five cents on each taxable poll, which tax shall be assessed and collected as the taxes of the state and county revenues are assessed and collected, and the revenues arising from such tax levy shall constitute a supplementary tuition fund, to ex- tend the terms of school in said townships, towns and cities after the tuition fund apportioned to such townships, towns and cities from the state tuition revenues shall be exhausted, provided that such school trustees are hereby empowered to borrow money, for a period not to exceed one year, in antici- pation of the above tax levy, but not in excess of such levy, for the purpose of paying the salaries of teachers of such schools. AN ACT to amend section 1 of an act entitled "An act authorizing school townships and the corresponding civil townships to borrow money and issue bonds to purchase school grounds and erect school houses in certain cases," law without the signature of the governor (1917). [Acts of 1919, p. 94.] School Buildings — School and Civil Township Bond Limit. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 1 of the above entitled act be amended to read as follows: Section 1. That when any township in this state in which any school building or school buildings shall have been destroyed by fire, lightning or wind- storm shall desire to erect a new school building or a new central school building to accommodate the pupils of school age resident within such township, and provide for their edu- cation either in the common or high school branches of study ; 39 and when the indebtedness necessarily incurred in erecting such school building or school buildings and purchasing the necessary grounds will be in excess of the two per cent (2%) constitutional debt limit of such school township, the trustee and advisory board of such township may proceed, in the manner hereafter provided, to borrow the money necessary to erect such school building or school buildings and to purchase the necessary grounds and to issue the bonds of such school township and civil township, respectively, in any amount suf- ficient to defray the expense of erecting such school building or school buildings and purchasing such school grounds, not exceeding in the aggregate the two per cent (2%) constitu- tional debt limit of each said school township and said civil township. This shall in no way affect pending litigation. Nothing in this act contained shall be construed to apply to any school building or school buildings hereafter condemned by the state board of health as unsanitary, unsafe or unfit for use. AN ACT to amend sections 2, 3, 4 and 6 of an act entitled "An act pro- viding for the levy of an annual tax for a state common school tuition fund and providing for its apportionment and distribution, and declaring an emergency", approved February 24, 1905; and to amend section 1 of an act entitled "An act to amend sections 5 and 8 of an act entitled 'An act providing for the levy of an annual tax for a state common school tuition fund, and providing for its ap- portionment and distribution, and declaring an emergency,' ap- proved February 24, 1905", approved March 11, 1907. [Acts of 1919, p. 839.] Common School Tuition Fund — Apportionment to Counties. Section 1. Be it enacted by the General Assembly of the State of Indiana, That section 2 of the first above entitled act be amended to read as follows: Section 2. That the State Superintendent of Public Instruction shall, on the days fixed by law for his apportionment of the school revenue, in each year, add to the sum total of said revenue in readiness in each county for apportionment, any amount in the state treasury ready for apportionment, together with ninety-one and eight- tenths per cent (91.8%) of the sum collected by virtue of the levy provided for in section 1 of this act ; and, after said addi- tion, the superintendent shall apportion the whole of said sum 40 to the several counties of the state, according to the last enu- meration of children therein, with due reference to the diminu- tion provided for by law. Amount to Be Distributed. Sec. 2. That section 3 of the first above entitled act be amended to read as follows : Section 3. A sum equal to eight and two-tenths per cent (8.2%) of the amount collected under the levy provided for in section 1 of this act, shall be a fund to be distributed as hereinafter provided. Insufficient Tuition Revenue — Certificate of Trustees. Sec. 3. That section 4 of the first above entitled act be amended to read as follows : Section 4. Whenever any trus- tee of a township or board of trustees of any school town shall ascertain that there is not a sufficient amount of tuition reve- nue in his or their hands to enable him or them to maintain the public elementary schools therein for the minimum term now or hereafter provided by law in such current school year, or the public commissioned or certified high school for a mini- mum term required of such commissioned or certified high school, he or they, as the case may be, shall certify in writing under oath such fact to the county superintendent of his or their county, stating therein the rate of the levy for local tuition purposes on each one hundred dollars ($100), and the taxes on each taxable poll made for the supplementary tuition tax by such township or school town in the year imme- diately previous to the school year in which such deficiency occurs, or will occur ; also, stating the full amount received for tuition from each source, the names and number of teachers employed, the rate per diem paid them, the number of days each has taught and when he began teaching, and an esti- mate of the amount that will be necessary over and above the tuition revenue then on hand to complete such legal minimum term of all the public elementary schools in such school cor- poration, or the public commissioned or certified high school for a minimum term prescribed for holding a commission or certificate from the state board of education, or both. Said certificate shall be executed in duplicate. Said county super- intendent shall immediately examine such certificate, and if he shall find the facts stated therein to be true, and shall further find that such school corporation has levied the high- 41 est amount authorized by law for such school municipality as supplementary tuition tax for the year in which such defi- ciency will occur, he shall forward one (1) of such certificates to the State Superintendent of Public Instruction, together with the results of his examination, and with the name and postoffice address of such township trustee or the treasurer of such school corporation. Additional Revenue— How Obtained. Sec. 4. That section 1 of the second above entitled act be amended to read as follows : Section 1. That section 5 of an act entitled "An act providing for the levy of an annual tax for a state common school tuition fund, and providing for its apportionment and distribution, and declaring an emergency," approved February 24, 1905, be and is hereby amended to read as follows : Section 5. Upon receipt of such statement from the county superintendent, the said Superintendent of Public Instruction shall issue an order on the Auditor of State in favor of such school corporation, if there be funds in the state treasury available for that purpose, for the amount nec- essary to bring the school term of said township or school cor- poration up to the minimum legal term; or the high school up to therterm prescribed- for holding a commission or certificate specifying the name of the trustee of such township, or the treasurer of said town, and his postoffice address. And the Auditor of State shall at once draw a warrant on the Treas- urer of State, payable out of the fund provided for in section 3 of this act in favor of said township or town, payable to the trustee of such township or treasurer of such town, and mail the same to him : Provided, No such township trustee or treas- urer of such school town shall be entitled to draw or receive the funds provided in this act unless said township trustee or school board of trustees has levied a local tuition tax of at least fifty cents (50c) on one hundred dollars ($100) of tax- able property in such township or school town : and, Provid- ing, That where any school trustee or corporation is maintain- ing a seven (7) months' term of school and finds the amount of tuition revenue insufficient for such purpose, such trustee or the treasurer of such school corporation shall be entitled to draw or receive the funds provided in this act in the event only such trustee or school board has levied a local tuition tax of not less than sixty cents (60c) on one hundred dollars 42 ($100) of taxable property in such township or school town; and Providing, That where any such trustee or corporation is maintaining the required minimum term for the public com- missioned or certified high school, and finds the amount of revenue insufficient for such purpose, such trustee or the treas- urer of such school corporation shall be entitled to draw or receive the funds provided in this act in the event only such trustee or school board has levied a local tuition tax of not less than seventy-five cents (75c) on each one hundred dol- lars ($100) of taxable property in such town or township or school town :* and Providing, That said school trustee or treas- urer of school corporation shall be entitled to draw or receive the funds provided in this act in the event only there is only one (1) high school maintained by said township or school corporation, and that said high school meets all requirements prescribed for holding a commission or certificate from the state board of education. Funds — How Expended. Sec. 5. That section 6 of the first above entitled act be amended to read as follows: Section 6. Said township trus- tee or school board of trustees shall use the amount so received from the state either for the payment of the salaries of ele- mentary school teachers employed in his township or their town to enable him or them to maintain schools therein for the full term as required by law during the year for which it was received, or the high school teachers for the minimum term required for holding a commission or certificate, or both, and shall use it for no other purpose. AN ACT to amend sections 1, 2, 3, 6, 8, 11, 13, 14 and 16 of an act en- titled "An act to provide for the encouragement, maintenance and supervision of vocational education in industries, agriculture and domestic science," approved February 22, 1913. [Acts of 1919, p. 596.3 Defining Vocational Education. Section 1. Be it enacted by the General Assernbly of the State of Indiana, That section 1 of the above entitled act be amended to read as follows : Section 1. 1. "Vocational edu- 43 cation" shall mean any education, the controlling purpose of which is to fit for profitable employment. 2. "Industrial education" shall mean that form of voca- tional education which fits for the trades, crafts and wage- earning pursuits, including the occupation of girls and women carried on in stores, work-shops and other establishments. 8. "Agricultural education" shall mean that form of voca- tional education which fits for the occupations connected with the tillage of the soil, the care of domestic animals, forestry, and other wage-earning or productive work on the farm. 4. "Home economics" education shall mean that form of vocational education which fits for occupations connected with the household. 5. "Industrial, agricultural or home economics school or department" shall mean an organization of courses, pupils and teachers designed to give either industrial, agricultural or home economics as herein defined, under a separate director or head. 6. "Approved industrial, agricultural or home economics school or department" shall mean an organization under a sep- arate director or head, of courses, pupils and teachers ap- proved by the State Board of Education designed to give either industrial, agricultural or home economics education as herein defined. 7. "Evening class" in an industrial, agricultural or home economics school or department shall mean a class giving such training as can be taken by persons already employed during the working day, and which in order to be called vocational must in its instruction deal with the subject matter of the day employment, and be so carried on as to relate to the day employment; but evening classes in home economics relating to the home shall be open to all women over sixteen who are employed in any capacity during the day. "Part-time classes" in an industrial, agricultural, or home economics school or department, shall mean classes for per- sons over fourteen years of age giving a part of their working time to profitable employment and receiving, in the part-time school or department, instruction complementary to the prac- tical work carried on in such employment or instruction in subjects given to enlarge civic or vocational intelligence or 44 instruction in trade preparation subjects. To give a part of their working time such persons must give a part of each day, week, or longer period to such part-time class during the period in which it is in session. Establishment of Vocational Schools. Sec. 2. That section 2 of the above entitled act be amended to read as follows: Section 2. Any school city, town or town- ship may through its board of school trustees or school com- missioners or township trustee, establish vocational schools or departments for industrial, agricultural and home eco- nomics education in the manner approved by the State Board of Education and may maintain the same from the common school funds or from a special tax levy not to exceed 10 cents on each $100 of taxable property, or partly from the common school funds and partly from such tax. Part Time and Evening Classes. Sec. 3. That section 3 of the above entitled act be amended to read as follows : Section 3. In order that instruction in the principles and practice of the arts may go on together, vocational schools and departments for industrial, agricul- tural and home economics education may offer instruction in day, part-time and evening classes. Such instruction shall be of less than college grade and be designed to meet the voca- tional needs of persons over 14 years of age who are able to profit by the instruction offered. Attendance upon such day or part-time classes shall be restricted to persons over 14 years of age; and upon such evening classes to persons over 16 years of age. State Board of Education to Co-operate. Sec. 4. That section 6 of the above entitled act be amended to read as follows : Section 6. The State Board of Education is hereby authorized and directed to investigate and to aid in the introduction of industrial, agricultural and home eco- nomics education, to aid cities, towns and townships to initiate and superintend the establishment and maintenance of schools and departments for the aforesaid forms of education, to aid in establishing and maintaining vocational teacher training classes; and to supervise and approve such schools and de- partments and classes as herein provided. The State Board 45 of Education shall make a report annually not later than Sep- tember 1st to the governor and biennially to the General As- sembly describing the conditions and progress of vocational teacher training, industrial, agricultural and home economics education, accounting from reports made annually not later than August 15th by the custodian of the state and federal vocational education funds for all monies received and ex- pended from state and federal vocational education funds, and making such recommendations as they may deem advisable for the proper promotion of the work. State Director of Vocational Education — Assistants. Sec. 5. That section 8 of the above entitled act be amended to read as follows: Section 8. The State Superintendent of Public Instruction, with the advice and approval of the State Board of Education, shall appoint a state director of voca- tional education who shall act under the direction of the State Board of Education and the State Superintendent of Public Instruction in carrying out the provisions of the state and federal vocational education acts. The salary and term of office of such director shall be fixed by the board and he shall be removable by the board only for cause. In like manner such assistants to the vocational director may be appointed as are required to carry out the provisions of the state and federal vocational acts. The State Superintendent, with the approval of the State Board of Education, is authorized to co-operate with Purdue University in the appointment of some person actively con- nected with the agricultural extension work at Purdue as an agent in supervising agricultural education, who shall serve in a dual capacity as an agent of the State Superintendent and an assistant at Purdue University. Such person shall be subject to removal for cause by the State Board of Education. All expenses incurred in the discharge of their duties by the directors, assistants and agents shall be paid by the state from funds provided for in this act. May Compel Attendance. Sec. 6. That section 11 of the above entitled act be amended to read as follows: Section 11. In case the board of edu- cation or township trustee of any city, town or township have established approved vocational schools for the instruction, in 46 part-time classes, of youths over 14 years of age who are engaged in regular employment, and have formally accepted the provisions of this section, such board or trustee are au- thorized to require all youths between the ages specified by the school attendance laws of the state who are regularly em- ployed to attend part-time school not less than four hours per week between the hours of 8 a. m. and 5 p. m. during the school term. Approved Vocational Schools or Departments. Sec. 7. That section 13 of the above entitled act be amended to read as follows : Section 13. Vocational schools or depart- ments for industrial, agricultural and home economics educa- tion shall so long as they are approved by the State Board of Education as to organization, buildings, location, equipment, courses of study, qualifications of teachers, length of term, methods of instruction, conditions of admission, employment of pupils and expenditures of money, constitute approved vo- cational schools or departments. School cities and towns and townships maintaining such approved vocational school shall receive reimbursement as provided in this act. Payments to School Cities, Towns and Townships. Sec. 8. That section 14 of the above entitled act be amended to read as follows : Section 14. The state, in order to aid in the maintenance of approved vocational schools or depart- ments for industrial, agricultural and home economics educa- tion, shall, as provided in this act, pay annually after June 30, 1919, to school cities and towns and townships maintain- ing such schools and departments an amount equal to one-half of the sum expended for instruction in vocational and tech- nical subjects authorized and approved by the State Board of Education. Such cost of instruction shall consist of the total amount raised by local taxation and expended for the teachers of approved vocational and technical subjects. School cities and towns and townships that have paid claims for tui- tion in approved vocational schools shall be reimbursed by the state as provided in this act, to the extent of one-half the sums expended by such school cities and towns and townships in payment of such claims. 47 Levy of Tax. Sec. 9. That section 16 of the above entitled act be amended to read as follows: Section 16. To provide a state fund to carry out the provisions of this act, there shall be levied an- nually as a part of the state common school levy an additional levy of one-half cent on each one hundred dollars of taxable property in the state, which shall constitute a fund for the purposes of this act. Any part of the fund now remaining or remaining at the close of any fiscal year shall be placed by a committee consisting of the State Superintendent of Public Instruction, the State Vocational Director, the Chair- man of the Vocational Committee of the State Board of Edu- cation and the Treasurer of State in a fund for vocational education, which shall be properly invested by this committee and used together with the proceeds therefrom to aid in carry- ing out the provisions of this act. A JOINT RESOLUTION to amend section eight (8) of article eight (VIII) of the Constitution of the State of Indiana, relating to the office of State Superintendent of Public Instruction. [Acts of 1919, p. 859.] Amendment to Constitution. Section 1. Be it resolved by the General Assembly of the State of Indiana, That the following amendment to the Con- stitution of the State of Indiana is hereby proposed and agreed to by this the seventy-first (71st) General Assembly of the State of Indiana, and is referred to the next General Assembly of the state for reconsideration and agreement. Appointment of State Superintendent of Public Instruction. Sec. 2. That section eight (8) of article eight (VIII) of the Constitution of the State of Indiana be amended to read as follows: Section 8. The General Assembly shall provide for the appointment of a state superintendent of public in- struction, whose term of office, duties and compensation shall be prescribed by law : Provided, That any state superintend- ent of public instruction elected prior to or at the time of the ratification of this amendment, shall serve out the term for which he shall have been elected. 48 EXTRACTS FROM RECENT COURT DECISIONS. 1. Abandoned Schools — Re-Established. The amendment of 1909 to Sec. 6422, Burns' R. S. 1914, the same being Sec. 271c Indiana School Laws, provides that where a majority of the patrons petition for the reopening of "any school here- tofore abandoned" it shall be re-established. In the case of Frost v. State, 181 Ind. 581 ; 105 N. E. 51, it was held that the amendment had reference only to schools abandoned be- fore the passage of said amendment; that the re-establish- ment, on petition of the patrons, of a school abandoned in 1911 after said amendment was passed, on the ground that the average daily attendance did not exceed twelve, was dis- cretionary with the township trustee. 2. Abandonment of a School District. Sections 6420 and 6421 Burns' R. S. 1914, the same being Sections 271b and 271a, respectively, of the Indiana School Law, are to be con- strued together in determining under what conditions dis- trict schools shall be abandoned and central schools built. State v. Graham, 183 Ind. 53. 3. Enumeration of School Children. Under Sec. 6447 Burns' R. S. 1914, the same being Sec. 89 Indiana School Law, the residence of children of school age determines the school district to which they are attached even though they are not enumerated therein. Greenlee v. Newton Twp., 55 App. 630 ; 104 N. E. 610. 4. School Lands—Use for School Purposes. A grant of land to the trustees of a school district in consideration of the benefit of the school for "so long as the same is used for school purposes" conveys a title upon a condition. An abandonment of the school will work a defeasance of the title to the land even though such abandonment was wrongful and without warrant of law. Fall Creek Twp. v. Shuman, 55 App. 232; 103 N. E. 677. 5. School Buildings— Location. Section 6410 Burns' R. S. 1914, being Sec. 75 Indiana School Laws, makes it the duty of school trustees to provide necessary school buildings, and the proper remedy for one objecting to the erection of a school house on an existing site is by appeal to the county 49 superintendent. Glendenning v. Cowan, 59 Ind. App. 529 ; 109 N. E. 844. 6. School Fund. Section 184 Burns' R. S. 1914, being Chap- ter 3 Indiana School Laws, the same being Sec. 3 of Article VIII of the Constitution of Indiana, forbidding the diminu- tion of the common school fund, applies to the principle and not to the use of the interest on the fund. The latter must be expended for the use of the common schools according to Sec. 6407 Burns' R. S. 1914. State v. Blind, 181 Ind. 689; 105 N. E. 225. 7. Transportation. Where, under the provisions of Sec. 6423 Burns' R. S. 1914, the same being Chapter 271m Indiana School Laws, a parent has transported his children from an abandoned school district to the school to which they were transferred under a verbal contract with the township trustee, the contract being silent as to the amount he should receive, he can recover for what his services were reasonably worth. Greenlee v. Newton School Twp., 55 App. 630 ; 104 N. E. 610. 8. School Buildings — Location. The act of 1911 (being Sec. 6616a Burns' R. S. 1914), Acts 1911 page 118, as amended Acts 1913 page 605, regulating the location of sites and buildings for school purposes, applies only to sites ac- quired after its enactment and does not prohibit the erection of school buildings on locations acquired prior thereto. Tem- ple v. State, 185 Ind. 139 ; 113 N. E. 233. 9. Sehoolhouse— -Changing Site. Section 6417 Burns' R. S. 1914, being Chapter 187 Indiana School Law, which provides that a petition for the re-location of a school building shall be signed by a majority of the patrons of a school, applies only to the relocation of district schools. It is not necessary for a majority of patrons of a high school to join with a trustee in a petition to determine the location of a high school building. It is within the discretionary power of a township trustee to change the site of a high school building even though the site be selected for a joint elementary and high school building. Parker v. Humbleet, 63 Ind. App. 281 ; 112 N. E. 253. 50 EXTRACTS FROM RECENT OPINIONS OF THE ATTOR- NEY-GENERAL. 1. German — Prohibited in the Elementary Schools. School authorities are prohibited from teaching in the German lan- guage the catechism or other religious subjects or school sub- jects in public, private, or parochial schools in Indiana. (Opin- ion dated March 6, 1919, Attorney-General Stansbury.) 2. German Prohibited in the High Schools. It is unlawful for school authorities to permit the teaching of German in the high schools of the state. (Opinion dated March 26, 1919, Attorney-General Stansbury. ) 3. County Superintendents — Lack of Authority Over Township Schools Consolidated With Those of a Town or City of the Fifth Class. A county superintendent has no super- visory authority over any of the schools in a township which has consolidated its schools with those of a town or a city of the fifth class, pursuant to the Act of 1917, page 545, the same being Sections 258 to 266, inclusive, Indiana School Laws. This applies only after the consolidated school board has filed a written request that the supervision of the county superintendent be not extended to their schools. The trustee of the township that has consolidated its schools with a town or fifth-class city is, notwithstanding such consolidation, en- titled to sit with the township trustees of the county and vote on questions that pertain to affairs common to the township schools of the county. (Opinion dated March 29, 1919, Attor- ney-General Stansbury.) 4. Agriculture — Supervision of During Summer School Va- cation. A township trustee is not authorized under the law to employ a teacher or other instructor to supervise agricul- tural work of school children on farms and in gardens during the summer school vacation. (Opinion dated December 5, 1917, Attorney-General Stansbury.) Note. — This does not apply to the regular approved vocational agri- cultural work given under the direction of the State Board for Vocational Education. 5. Paying Teachers for Legal Holidays. School trustees are not authorized to pay teachers for legal holidays unless 51 the schools are in session. (Opinion dated January 25, 1917, Attorney-General Stansbury.) 6. Township Trustee — Teaching School. It is against pub- lic policy and therefore unlawful for a township trustee to act in the dual capacity of township trustee and teacher in the same township. Reference: Noble v. Davison, 177 Ind., p. 19. (Opinion dated October 8, 1914, Attorney-General Ho- nan.)- 7. Secret Societies. School authorities may lawfully sus- pend or expel pupils who persist in affiliating with secret so- cieties, fraternities or other similar organizations referred to in Section 170 Indiana School Laws, when such affiliation is in violation of the rules and regulations of the school board. (Opinion dated February 13, 1909, Attorney-General Bing- ham.) 8. School Transfers. It is unlawful for school trustees to transfer pupils to any school other than a public school and use the public funds in paying therefor. (Opinion dated May 25, 1917, Attorney-General Stansbury.) 53 INDEX ABANDONMENT OF SCHOOLS page in towns 23 ACCREDITED SCHOOLS 6 ANNEXED TERRITORY for school purposes, reimbursement for 35 BONDS for school purposes 36 COMMISSIONED HIGH SCHOOL subjects to be taught in 4 CONSOLIDATED SCHOOL DISTRICTS : 28 CONSOLIDATION of town and township schools 18 COUNTY SUPERINTENDENTS salaries 12 CONGRESSIONAL TOWNSHIP SCHOOL LANDS 20 COUNTY HIGH SCHOOL BUILDING 17 DEFICIENCY SCHOOL FUND 39 ENGLISH elementary school subjects to be taught in English 3 EXTRACTS FROM RECENT COURT DECISIONS 48, 49 EXTRACTS FROM RECENT OPINIONS OF THE ATTORNEY GENERAL . . . . : 50, 51 GERMAN forbidden in elementary schools 3 forbidden in high schools 4 HACK DRIVERS qualifications 11 HIGH SCHOOLS county high school 17 joint city and township high school 27 joint high schools 25 location of building 26 township high school 25 transfers to 17 INCORPORATED TOWNS may assume indebtedness of school town 16 54 JOINT RESOLUTION page amending the constitution — relating to the office of State Superintendent of Public Instruction 47 JOINT SCHOOL city and township high school 27 JUNIOR HIGH SCHOOL course of study 15 teachers in, qualifications 15 transfers and admission to 16 KINDERGARTENS establishment of 21 LICENSE for teachers 7,8 LIFE CERTIFICATES for teachers 6 may be countersigned 10 MINIMUM WAGES of teachers 5 PHYSICAL EDUCATION 31 SCHOOL DISTRICT 28 SCHOOL BUILDINGS rebuilding 38 SCHOOL CORPORATIONS to reimburse for annexed territory 35 SCHOOL HACK unlawful to pass while unloading 13 SCHOOL PROPERTY sale of 22 SCHOOL REVENUE deficiency fund 39 SCHOOL TOWN 16 SCHOOL TRUSTEES 13 STATE UNIVERSITY free contingent fees for students 14 STATE BOARD OF HEALTH decisions of, subject to appeal , 20 SUCCESS GRADE for teachers in late war 34 TAXATION for county high school buildings 17 for free kindergarten 22 for supplementary tuition fund 38 55 TEACHERS page daily wages 5 life certificates 8 provisional certificates 7 success grade for teachers of late war 34 supervisor's certificate 8 TEACHERS' TRAINING BOARD powers and duties 6 TEACHERS' TRAINING COURSES supervisor to be appointed for 9 TRANSFERS for pupils 11 to high schools 17 TRANSPORTATION expenses for, how paid 12 of school children 11 TUITION FUND deficiency fund 39 supplementary tuition fund 38 VOCATIONAL EDUCATION 42 LIBRARY OF CONGRESS 020 312 024 2 I