g ass LBzXv A/ / Book ' /¥&> n - yvU^y+ve^O^o OjgO AjL^f^M^^J^^J^^- School Directors' Guide PART I Statements and Citations of Law PART II Questions and Answers (the Law Simplified) PART III Forms and Blanks Prepared by the Territorial Department of Education. Santa Fe, N. M. 1910 Santa Fe New Mexican Print. 6 Tl ^ FOEEWOED. This pamphlet is one of a series to be issued by this department with a view to simplifying the school laws and bringing together legal points on each subject of especial interest to district direct- ors. I hope sincerely that this booklet will make many matters clear. If some points have been omitted, I shall be pleased to have county superintendents, district directors and teachers make note and inform me so that the next Guide will be more com- plete. In the press of work we find it impossible to avoid overlook- ing items which should be included. I assure you of my sincere desire to be of use to you in every way possible and any question sent to this office will receive prompt attention. Very truly, CALENDAR Board of Directors at the time of organizing in May should fix some day (for example, the last Saturday of each month upon which the directors should meet regularly.) JANUARY. The first day of January is a legal holiday. On or before the first Monday all fines collected for violation of the penal laws payable to the county or district school fund must be paid the county treasurer. On or before the third Monday the county superintendent shall apportion school funds among the districts of the county. FEBRUARY. On the first Monday, school district clerks shall post at least four copies of the list of- persons in the district liable to pay poll tax. The 12th day of February (Lincoln's birthday) may be observed by the schools as a legal holiday. The 22nd day of February (Washington's birthday) may be observed by the schools as a legal holiday. MARCH. On the second Monday in March, school directors shall post notices of election for school directors. Notices for election for issuing bonds and for making special levy may be posted at the same time. APRIL. On the first Monday in April, election for school directors shall be held. Elections for making special levy or for issuing bonds may be held at the same time. On or before the first Monday, all fines payable to the county or district school fund shall be paid to the county treasurer. On or before the first Monday, clerks of school boards shall re- port to the county clerk and the county superintendent lists of persons paying poll tax and list of persons failing to pay poll tax. On the third Monday, county superintendents shall apportion school funds. 6 SCHOOL DIRECTORS' GUIDE. MAY. On the first Monday, the term of office for school directors be- gins. On or before the first Monday, directors shall make estimate of tax levy. On or before the first Monday, the oath of office of school direc- tors shall be filed with the comity superintendent. JUNE. The scholastic year ends June 15th, statistical reports from school directors made by the clerk shall be filed in the office of the county superintendent within ten days thereafter. JULY. On or before the first Monday, all fines payable to the county or district school fund shall be turned over to the county treas- urer. The fourth day of the month is a legal holiday. On or before the third Monday the county superintendent shall apportion the county school funds among the districts. AUGUST. On the first Saturday, the county superintendents must be in attendance at the county seat for the transaction of official busi- ness. SEPTEMBER. On or before the first day of September, school directors shall make an enumeration of all unmarried persons between the ages of 5 and 21 years. On the first Saturday, the county superintendent shall be in attendance at the county seat for the transaction of official busi- ness. OCTOBER. On or before the first Monday all fines payable to county or district school funds shall be turned over to the county treasurer. On the first Saturday, the county superintendent must be in attendance at the county seat for the transaction of official business. On the third Monday, the county superintendent shall apportion the county school funds. NOVEMBER. On the first Saturday, the county superintendent shall be in attendance at the county seat for the transaction of official business. SCHOOL DIRECTORS' GUIDE. DECEMBER. The 25h day of December is a legal holiday. SOURCES OF THE COMMON SCHOOL FUND. 1. Lease of Common School Lands. Chapter 104, L. 1907. 4,000,000 acres valued at $6,000,000. 2. Income from forest reserves, Chapter 119, L. 1909. 3. Territorial Three Mill Levy. Sec. 25, Chapter 97, L. 1907. 4. Special Local Levies. Sec. 25, Chapter 97, L. 1907. 5. Poll Taxes. Sec. 1549 to 1551, C. L. 1897. Sec. 5, Chapter 27, L. 1901. Chapter 61, L. 1905. Chapter 196, L. 1907. 6. Licenses. Sees. 4125, 4141, 4144, 4145, 4146, 4147, 4148, 4149, 4152, C. L. >97. 7. Fines. According to Sec. 1548 of the Compiled Laws of 1897, amended by Chapter 119, Sec. 17, of the Session Laws of 1903, 33 1-3 per cent of the following should be applied to the schools : The proceeds of all sales of intestate estates which escheat to the Territory. All forfeitures of recoveries on bonds of county, precinct, or territorial school officers. The proceeds of lost goods. All moneys arising from licenses imposed upon wholesale and retail liquor dealers, distilleries, breweries, wine presses, which may pay licenses or may hereafter be re- quired to pay license. The full amount collected from the below enumerated sources will be applied to the school funds. Violation of the gambling laws, Chap. 64, Sec. 3, Laws of 1907. SCHOOL DIRECTORS' GUIDE. Breaking into school house— Sec. 1113, C. L. 1897; $50 to $100. Illegal enclosure on public lands— Sec. 1298 2 C. L. 1897; not less than $10.00. Illegal sale of drink of liquors on election day — Sec. 1272, C. L. 1897; $25.00 to $100.00. Illegal use of firearms— Sec. 1389, C. L. 1897; $50.00 to $300.00. Infraction of Sunday Laws— Sec. 1369, C. L. 1897 ; $5.00 to $50.00. Opium or Hop joints maintenance — Sec. 1263-65, C. L. 1897; $25.00 to $250.00. Refusal to furnish list of persons liable to poll tax— Sec. 2, Ch. 96, L. '07; $25.00 to $100.00. Saloon Keepers liable to, when — Sec. 1268, C. L. 1897 ; $10.00 to $100.00. Turning cattle loose on range occupied by others — Sec. 128, C. L. 1897; $100.00 to $1,000.00. Interference with County Surveyor's official duties — Sec. 791, C. L. 1897; $5.00 to $10.00. Occupying public lands under pretext of a deed — Sec. 1298, C. L. 1897; not less than $10.00. Illegal obstruction of streets— Sec. 2677, C. L. 1897; $5.00 to $10.00. PART I TOPICS OF INTEREST TO SCHOOL DIRECTORS. Legal Points. (Statements and citations of law on matters of interest to school directors, from Compiled School Laws of 1909.) TABLE OF CONTENTS. (Topics in Part I arranged alphabetically. If information is not clear, consult index to Part II, on page 23, for question relat- ing to subject. For necessary forms see index to Part III, page 39.) Alcoholic Drinks and Narcotics. Arbor Day. Bonds. Census or Enumeration. Compulsory Education. Election of School Directors. Election for Issuance of Bonds (See Bonds.) Election for Special Levy (See Tax Levy.) Expenditures. Flags. General Duties and Penalties. Organization and Meeting of Directors. Poll Tax. Pupils. Qualifications of School Directors. Reports. School Funds. School Property — School Houses, Sites, Furniture, Equipment, Etc. Tax Levy. Teachers. Text Books. Vaccination. 10 SCHOOL DIRECTORS' GUIDE. ALCOHOLIC DRINKS AND NARCOTICS. Duties. Directors shall enforce instruction as to nature of and effects on the human system, in connection with physiology and hygiene. (U. S. Statutes: chap. 362, s6c. 2, page 5.) Penalties For not enforcing provisions concerning the teaching of effects upon the human system. (U. S. Statutes: chap. 362, sec. 2, page 5.) ARBOR DAY. Duties. Directors shall require the observance of the second Friday in March as Arbor Day, by the planting of trees and by appropriate exercises. (Laws, 1897: sec. 1625 (a), page 88.) (County Superintendent may fix some day earlier or later than the second Friday of March to be observed according .to law.) BONDS. Duties. Directors shall submit question of bonding the district for the purpose of building a school house to the voters of the district, upon an order from the County Superintendent. (Laws, 1899 r chap. 46, sec. 1, page 140.) Directors shall provide for the payment of interest on bonds and for the redemption thereof. This may be done from proceeds of special levy or other funds of the district. (Laws, 1907 : chap. 97, sec. 25, page 214.) Powers. The directors shall have power and authority to borrow money for the purpose of erecting and completing school houses, by issuing negotiable bonds of- the district. (By opinion of the Attorney General proceeds of bonds may be used to purchase school site.) The question of issuing bonds must, however, be decided by majority of the legal voters of the district at some annual or special election called in the usual way. One month's notice, (for form of notice, see page 52) must be given and the amount to be raised and the PUR- POSE for which proceeds are to be used must be clearly stated in the notice. (Laws 1897 : sees. 1541-1542, page 65.) Prohibitions. Directors may not issue bonds until the boundaries (for form of certificate see page 53) of the district have been established, (Laws, 1897: sec. 1545, page 66.) SCHOOL DIRECTORS' GUIDE. 11 District shall not permit a greater outstanding indebtedness than an amount equal to four per cent of the assessed value of the district. (Laws, 1897: sec. 1541, page 65.) census or enumeration. Duties. On or before the first day of September each year, directors shall make an enumeration (see Enumeration form, page 49) of all unmarried persons between 5 and 21 years of age, in their district; giving names, ages and sex of such persons in full, and reporting the same in writing which shall be signed by ALL the directors and sent to the County Superintendent within fifteen days thereafter. (Laws, 1897: sec. 1535, page 63). (Laws, 1905: chap. 23, sec. 1, page 190.) The clerk shall correctly enumerate or cause to be enumerated all unmarried persons as specified in the foregoing, and shall re- ceive $1.50 for each hundred names or fraction thereof thus enum- erated. (Laws, 1905; chap. 23, sec. 1, page 190.) Penalties. For failure or refusal to return complete census. (Laws, 1903 : chap. 119, sec. 13, page 188.) For false enumeration. (Laws, 1905: chap. 23, sec. 2, page 190.) COMPULSORY EDUCATION. Duties. Directors shall compel parents, guardians or other persons hav- ing control, care or direction of children between the ages of seven and fourteen years (7 to 14) to send such children to the public schools during the entire term of the school, unless, such children are being sent to private or denominational schools of equal standing with the public schools, and unless children are physically unfit for school duties, and unless they live more than three miles from public schools. (Laws, 1897 : sec. 1555, page 70.) The clerk shall give public notice (see form of notice, page 53) of the foregoing compulsory education provision, written or print- ed, both in English and Spanish, posted in three conspicuous places in district, or printed in a newspaper within the district. (Laws, 1897: sec. 1555, sub-sec. 2, page 70.) Directors shall, through the County Superintendent, purchase books for indigent children; such books to be the property of the 12 SCHOOL DIRECTORS' GUIDE. district and to be loaned to such indigent children; but no district may purchase more than $50.00 worth of books for this purpose, in any one year. (Laws, 1897: sec. 1555, page 71.) Directors shall enforce compulsory education provisions upon deaf mute children, with regard to the Asylum for Deaf Mutes, in the same manner provided for enforcing attendance upon the dis- trict schools. (Laws, 1899 : chap. 42, sec. 4, page 139.) ELECTION OF SCHOOL DIRECTORS. Duties. Directors shall post notices (see form of notice, page 45) on the second Monday in March ; hold election on first Monday in April ; act as judges; administer oath (for form of oath see page 44) to directors elected; canvass vote; send ballots (for form of ballot see page 45) and certificate (for form of certificate of election, see page 45) of the result of election to County Superintendent. Director or directors elected shall file oath with County Superin- tendent before first Monday in May. Qualified voters for election of school directors are all legal voters residing in district who have paid poll tax for current year. Legal voters are citizens of the United States twenty-one years of age who have lived in the precinct one month, in the county three months; in the territory, six months. Contest of election must be made within thirty days. (Laws, 1897: sec. 1532, page 61.) One director only shall be voted for at each annual election, ex- cept in case of vacancy, and he shall hold office for three } r ears. (Laws, 1901: chap. 55, sec. 2, page 157.) Upon creation of a new district, County Superintendent appoints (for form of certificate of appointment, see page 43) three direc- tors to serve until next regular election. (Laws, 1907: chap. 97, sec. 22, page 212) (but see also Laws, 1897: sec. 1527, page 59.) At first election after creation of district, three directors shall be voted for, one to hold office three years, one to hold office two years, and one to hold office one year. (Laws ,1901 : chap. 55, sec. 1, page 157.) Write your county superintendent for information as to correct form of poll book. Penalties. For failure to call elections and post proper notices. (Laws, 1897 : sec. 1532, page 61.) For failure to perform all duties in connection with elections. (Laws 1909: chap. 121, sec. 12, p. 250.) school directors' guide. 13 expenditures. Duties. All expenditures must be made by written warrant (for form of warrant, see page 44) signed by the chairman and the clerk of the school board and approved by County Superintendent. Item- ized statements must accompany warrants. (Laws, 1897 : sec. 1536, page 64; Laws, 1903: sees, 7-12, chap. 119, pages 186-188; Attor- ney General's decision.) Pkohibitions. Directors may not incur debts aggregating more than four per cent of the value of taxable property. (U. S. Statutes: chap. 818, sec. 4, page 7.) Directors may not incur debts for any current year which can not be paid out of the money actually collected and belonging to that year. (Laws, 1897: sec. 299, page 21; Laws, 1897: sees. 300, 301, pages 21, 22.) DIRECTORS MAY NOT ACT AS AGENTS OR RECEIVE COMMISSION OR BE PARTIES DIRECTLY OR INDIRECT- LY TO ANY CONTRACT FOR WHICH PUBLIC MONEY IS TO BE USED IN CONDUCTING PUBLIC SCHOOLS. (LAWS, 1903: CHAP. 119, SEC. 7, PAGE 186.) Penalties. For incurring indebtedness for current year which can not be paid out of money collected for and belonging to that year. (Laws, 1897: sec. 299, page 21.) For paying public money to any other than a legally qualified teacher. (Laws, 1907: chap. 97, sec. 8, page 205.) For violation of law concerning salaries of teachers. (Laws, 1907; chap. 97, sec. 9, page 206.) (See also Laws 1909, chap. 121, sec. 12, p. 250.) Note — For form of contracts for fuel, etc., and teacher, see pages — ) FLAGS. Duties. Directors shall procure a United States flag at least five feet long, flag staff, etc., for display on or in the school house; and shall replace the same when necessary. Directors shall cause the flag to be displayed on suitable occa- sions during school hours upon the school buildings or premises, and shall establish rules and regulations for the proper care and display of the flag. When it is not displayed on the school build- 14 SCHOOL DIRECTORS' GUIDE. ing, directors shall require it to be placed conspicuously in the prin- cipal room of the school building. (Laws, 1905 : chap. 48, sees. 1-2, page 191.) GENERAL. Duties. Directors shall have general* control and management, subject to County Superintendent. (Laws, 1897: sec. 1535, page 63.) Directors shall defray all contingent expenses connected with the proper conduct of the schools of the district. (Laws, 1907 : chap. 97, sec. 25, page 214.) Penalties. For failure to perform certain duties. (Laws, 1897: sec. 1535, page 63.; Laws, 1903: chap. 119, sec. 8, page 187; Laws, 1909: chap. 121, sec. 12, page 250.) organization and meeting. Duties. Five days after qualification of elected director or directors, (election having been properly held and certified to County Super- inendent, and oath of elected director having been filed with County Superintendent before first Monday in May) the three directors shall meet and organize by electing a chairman and a clerk ; and two directors shall constitute a quorum which shall be compe- tent to discharge all the duties of a full board. Directors shall meet at their accustomed place at least once every thirty days, for the transaction of public business. (Laws, 1903 : chap. 119, sec. 11, page 187.) Vacancy in the board, occurring between elections, shall be filled by appointment (for form of certificate, see page 43) by County Superintendent; the director so appointed to serve until the next election. (Laws, 1897: sec. 1533, page 62.) Note — Records should be carefully kept of all transactions of the board and these together with all papers, etc., should be given into the hands of the succeeding board. POLL TAX. Duties. The clerk shall make out lists (for form of notice and list, see page 50) of residents in his district liable to pay poll tax, and, for SCHOOL DIRECTORS' GUIDE. 15 this service, shall receive $3.00, to be paid by warrant, signed by the directors and approved by County Superintendent. (Laws, 1897: sec. 1549, page 68.) The clerk shall make at least four copies of names of persons lia- ble to pay poll tax to be used in the following manner : 1. On the first Monday in February, he shall post one list in some conspicuous place in the district, for the information of the people. , ^ 2. On or before the first Monday in April, he shall report a complete list, in writing, to the county clerk and 3. A complete list, in writing, to the County Superintendent; and he shall report to said Superintendent the amount of poll tax collected, from whom collected, the names of persons still delin- quent and the reasons for such delinquency ; and further, 4. One such complete list shall be filed in the office of the school district clerk. (Laws, 1897 : sec. 1550, page 69.) The clerk shall collect said poll tax (for form of receipt, see page 46) and shall receive 10 per cent of all moneys collected from poll taxes. All poll taxes shall be paid to the County Treasurer for the use of the district, and the Treasurer shall pay to the clerk his per- centage of the gross amount collected. (Laws, 1897 : sec. 1549, page 69.) Powers. Clerk may bring suit for collection of poll tax if tax is not paid thirty days after first demand. (Laws, 1897 : sec. 1549, page 68.) Clerk may demand of any person, firm or corporation a list of employes, and if he finds the names of persons liable to pay poll tax in the district who have not paid such tax, he shall give such names to employer; and said employer shall pay poll tax, taking receipt from collector, and deduct amount of poll 'tax from any moneys due employe. ({Refusal on the part. of any employer to comply with the fore- going shall be punished by fine.) (Laws, 1907 : chap. 96, sec. 1, 2, page 197.) Penalties. Clerk failing to collect poll tax. Laws 1909 : chap. 121, sec. 12, page 250. 1ST. B. — In order that no possible difficulty may arise in the col- lection of poll tax through the courts, it is recommended that on April 1st, the clerk post in three conspicuous places lists of persons delinquent in the matter of payment of poll tax. If payment is not made- within thirty days, bring suit. 16 SCHOOL DIRECTORS' GUIDE. No property exempt from execution. Justices and constables shall not demand fees in advance. Persons exempt from payment of poll tax: Firemen, persons bodily disabled, militiamen. Sec. 1762, C. L. '97. Sec. 1549, C. L. '97. Sec. 2278, C. L. '97. PUPILS. POWEES. Directors may admit non-resident pupils if school accommoda- tions are sufficient, may determine the rate of tuition (not to ex- ceed 20 per cent more than the average cost per capita for educa- ion), and collect the same. (Laws, 1907: chap. 97, sec. 29, page 216.) Pupils who become rive years of age after September first, the date of enumeration, should not be allowed to enter school until the next school year. Penalties. Por refusing to receive pupils on account of race or color. (Laws, 1897: sec. 1556, page 71.) . QUALIFICATIONS. A school director must be able to read and write either English or Spanish so as to be able to keep his records. (Laws., 1897 : sec. 857, page 43.) (Persons convicted of certain serious crimes are disqualified.) Directors must have been regularly elected, and must have qualified by taking oath and by filing same with County Superin- tendent. (Laws, 1897 : sec. 1532, page 61.) Should be a citizen of the United States and of legal age. (No restriction as to sex.) REPORTS. Duties. On or before the first day of July the clerk shall make a report in writing to the County Superintendent; showing the amount of money collected and expended for school house sites, school houses, fuel, interest on bonds, contingent expenses and salaries paid teach- SCHOOL DIRECTORS' GUIDE. 17 ers within the twelve months preceding. (Laws, 1897 : sec. 1535, page 63.) When contracts for public school buildings have been let, the clerk shall make to the County Superintendent, from time to time as the said Superintendent shall require, an itemized statement under oath, of cost of labor and material used and work done where practicable, and apparatus required and used for conducting and furnishing said biiilding. (Laws, 1903: chap. 119, sec. 7, page 186.) Between the first day of June and the first day of July each year, the clerk shall make a report to the County Superintendent in writing, showing in detail the financial condition of the district; the amount -of money received and from what source, including receipts from poll taxes, etc., district bonds or special levies, and the manner in which the same has been disbursed during the pre- vious year, amount expended for repairs or improvements of school houses and ground's, whether rented or owned by the district, the value of all school property, amount of bonded indebtedness of district, status of interest fund, amounts paid for rent, fuel, etc., salaries paid teachers for the preceding year, the number and sex of the school population, and amount expended for books for in- digent children under sec. 1555, Compiled Laws of 1897, as amend- ed. (Laws, 1903: chap. 119, sec. 8, page 186.) Within ten days after the end of the scholastic year June 15th, directors shall file statistical (see paragraph 1 of this section) reports with the County Superintendent, as are required by law. (Laws, 1907: chap. 97, sec. 24, page 214.) The clerk shall report to the County Superintendent name, age, sex, and residence of all deaf mute children in the district, to-' gether with P. 0. address of parents or guardians. (Laws, 1899 : chap. 42, sec. 4, page 139.) Penalties. For failure to make reports and to perform other duties. (Laws, 1897: sec. 1535, page 63; Laws, 1903: chap. 119, sec. 8, page 187; Laws, 1909: chap. 121, sec. 12, page 250.) SCHOOL FUNDS. Penalties. For using public money for private purposes or for any other than legal purposes. (Laws, 1897 : sees. 1125, 1126, page 46.) 18 school directors' guide. school property— school houses, sites, furniture, equipment, etc. Duties. Directors shall have care and keeping of school property. (Laws, 1897: sec. 1533, page 62.) Directors shall, by purchase or lease, provide a suitable school house, and shall keep the same in repair. (Laws, 1907 : chap. 97, sec. 25, page 214.) Directors shall submit question of issuing bonds for building school house to the voters of district upon order from County Su- perintendent. (Laws, 1899: chap. 46, sec. 1, page 140.) When surplus to the credit of school district is used to procure suitable school house site and to erect a proper school house thereon, the directors shall open proper books of account with said sur- plus fund, and enter receipts and disbursements on account of fund ; and take itemized bills in duplicate, one to be kept by directors, and one to be submitted with warrant drawn in payment, to the County Treasurer. (Laws, 1903 : chap. 37, sees. 1, 2, pages 176, 177.) When letting contracts for public school buildings, directors shall require of the contractor good and sufficient bond for the faithful execution of said contract. (Laws, 1903: chap. 119, sec. 7, page 186.) The clerk shall make an itemized statement under oath, of the cost of labor and material used and work done where practicable, and apparatus required and used for conducting and furnishing said building; and directors shall consult with and solicit the co- operation of County Superintendents whenever it becomes neces- sary to purchase furniture, fixtures, etc., for district school. (Laws, 1903: chap. 119, sec. 7, page 186.) If surplus money is not sufficient to complete buildings, direc- tors shall carry ou construction so far as funds permit and suc- ceeding boards of directors shall proceed with the work, according to contract, until work is completed. (Laws, 1903 : chap. 37, sec. 3, page 178.) Burning of school building, penalty for. (Laws, 1897: sees. 1103, 1104, page 45.) POWEES. Directors may open school house for the use of religious, politic- al, literary, scientific, mechanical, agricultural and industrial so- cieties belonging to" the district, for the purpose of holding busi- ness or public meetings of said societies. (Laws, 1897 : sec. 1533, page 62.*) SCHOOL DIRECTORS' GUIDE. 19 Directors may borrow money for the purpose of erecting and completing school houses, by issuing bonds of the district. (Laws, 1897: sec. 1541, page 65.) Directors may submit to the voters of the district, at the annual or any special meeting called for the purpose, the question of issu- ing bonds for erecting or completing school house, giving the same notice of such meeting as is now required for the election of direc- tors, and the amount proposed to be raised by the sale of bonds. This question shall be voted upon by the qualified voters of the district, and if a majority are in favor of the issue of bonds, the directors shall issue bonds to the amount voted. • (Laws, 1897 : sec. 1542, page 65.) Directors may withdraw surplus in general school fund to credit of district, for the purpose of procuring a suitable site and building a school house thereon. (Laws, 1903, chap. 37, sees. 1-5, page 176.) Directors may secure site and proceed with the building of school house so far as funds on hand for that purpose will permit. (Laws, 1903: chap. 37, sec. 3, page 178.) Directors may expend money from treasury for insurance of school building. (Laws, 1903: chap. 37, sec. 4, page 178.) Directors may maintain more than one school in district. (Laws, 1907 : chap. 97, sec. 22, page 212 ^l Prohibitions. Directors may not incur obligations in securing site, building, or repairing school houses, beyond the amount available in the county general school fund, for such purposes,- except by issuance of bonds. (Laws, 1903 : chap. 37, sec. 2, page 177.) Penalties. For locating brothels near school house. (Laws, 1901 : chap. 84, page 160.) For refusing to submit question of issuing bonds for building. (Laws, 1899: chap. 46, sec. 1-3, page 140.) For failure to carry out provisions as to use of surplus funds for securing site and building as directed by County Superintend- ent. (Laws, 1903 : chap. 37, sec. 5, page 178.) N". B. — Write Department of Education, Santa Fe, N". M., for book of plans and specifications for school buildings, when you are contemplating a school house. 20 SCHOOL DIRECTORS' guide. TAX LEVY. Duties. On or before the first Monday in May, the directors shall, to provide necessary funds for school purposes, make estimate on the taxable property of the district for tax levy. (Laws, 1907: chap. 97, sec. 25, page 214.) Directors shall certify tax levy, when made, to County Com- missioners and said levy, when approved by County Commission- ers, shall be collected and accounted for as other taxes. (Laws, 1907: chap. 97, sec. 25, page 214.) Powers. To provide necessary funds for conducting school, directors may levy tax, not to exceed five mills on the dollar in any one year, on the taxable property of the district. Directors may levy a tax of more than five mills and not to ex- ceed. fifteen mills, provided that the tax required above five mills shall be voted upon by the qualified voters of the district, at an election (for form of notice see page 45) regularly called for that purpose, and concurred in by the majority of the votes cast. This is interpreted to mean that a total levy of twenty mills may be levied by the directors of a district. A special lavy voted by the people must be made from year to year until the people vote to discontinue or to change. (Laws, 1907 : chap. 97, sec. 25, page 214.) TEACHERS. Duties. Directors shall employ (for form of contract, see page 47) and pay teachers. (Laws, 1897: sec. 1535, page 63.) Directors shall require certificate of health showing that teach- er is not afflicted with tuberculosis or consumption in transmissi- ble form. (Laws, 1901 : chap. 43, sec. 2-3, page 154.) Directors shall, upon complaint of tax-payer, require teacher to take health examination. (Laws, 1901 : chap. 43, sec. 5, page 154.) Directors shall discharge teacher unable to pass health examina- tion. (Laws, 1901 : chap. 43, sec. 5, page 154.) Directors shall pay teachers monthly. (Laws, 1901 : chap. 57, sees. 1, 2, page 158.) (School month shall consist of four weeks of five days each, and a school day shall consist of six hours, but the noon intermission is not to be counted as part of the six hours.) (Laws, 1897: sec. 1557, page 72.) SCHOOL DIRECTORS' GUIDE. 21 Directors shall employ only legally qualified teachers. A legally qualified teacher is one who holds three certificates: 1. A health certificate. 2. A certificate of attendance at Institute held within twelve months, or., An excuse for non-attendance signed by the County Superin- tendent and the Territorial Superintendent of Public Instruction. 3. A teacher's certificate signed by the Territorial Superin- tendent of Public Instruction, or, A permit signed by the County or Territorial Superintendent, (for form see pages 46, 47). (Laws, 1907: chap. 97, sec. 8, page 205.) Directors shall pay teachers' wages according to law. 1. Teachers holding third grade certificates and permits may not draw over $50.00 per month. 2. Holders of second grade certificates may not draw over $75.00 per month. (Laws, 1907: chap. 97, sec. 26, page 215.) Directors shall pay teachers not to exceed one month, if school is closed by directors on account of danger from diseases Joss by fire, etc. (Laws, 1907 : chap. 97, sec. 26, page 215.) Two directors (they must be chairman and clerk) shall sign teachers' warrants, and County Superintendents shall approve if legal requirements have been met. (Laws, 1897; sec. 1536, page 64.) Teachers shall keep records and make reports to County Super- intendent (for form of reports, see pages 40-42). (Laws, 1897: sec. 1536, page 64.) Peohibitions. Directors may not deduct any money from teacher's salary be- cause of absence from active duty on legal holidays, if program in celebration shall have been held on day previous. (Laws, 1903 : chap. 37, sec. 20, page 189.) Penalties. For failure to require certificate of health from teacher. (Laws, 1901: chap. 43, sec. 6, page 155.) For violating provisions with reference to payment of teachers' salaries. (Laws, 1897, sec. 1535, page 63.) (Laws, 1907: chap. 97, sec. 26, page 215.) (Laws, 1909: chap. 121, sec. 12, page 250.) 22 SCHOOL DIRECTORS' GUIDE. TEXT BOOKS. Penalties. For knowingly permitting any other text book to be used in the first eight grades than those approved and adopted by Territorial Board of Education. (Laws, 1907: chap. 97, sec. 9, page 206.) Note — List of adopted texts may be found in Manual of the Course of Study for Common Schools, a copy of which should be in the hands of each teacher. Upon 'request, a list will be sent from the office of the Superintendent of Public Instruction. VACCINATION. Duties. The teacher shall see that the children in his district are suc- cessfully (this means that children have been vaccinated within five years and vaccination is effective, physician's certificate that vaccination is effective is sufficient) vaccinated or have been vacci- nated within one year previous, and shall make report to the County Superintendent. (Laws, 1901 : chap. 17, sec. 26, page 150.) (Laws, 1903 : chap. 103, sec. 29, page 184.) Directors shall pay for vaccination of children whose parents are unable to pay by reason of poverty. (Laws, 1901 : chap. 17, sec. 27, page 150.) (Laws, 1903: chap. 103, sec. 30, page 185.) Powers. Directors may appoint physician to vaccinate children. (Laws, 1901: chap. 17, sec. 27, page 151.) Penalties. Parents refusing to have children vaccinated subject to a fine of $10.00 to $100.00. (Laws, 1903, chap. 103, sec. 29, page 184.) PART II QUESTIONS AND ANSWERS. CONCERNING RURAL SCHOOL ADMINISTRATION. CONTENTS. Page What steps must be taken in collecting poll tax? 24 May election of directors be contested? 25 What text books shall be used in the schools? 25 What general provision is there in the law concerning violation by school directors of the laws as to their powers and duties? 25 For what purposes may a school district vote bonds? 26 How may the boundaries of the school district be fixed 26 What are the qualifications of voters at the election for school directors': 26 What are the qualifications of voters at an election to determine the issuance of bonds? 26 What are the qualifications of voters at an election to determine upon special levy? 26 What are the duties of the directors as to the taking of the census?. 27 What are legal holidays? 27 May school boards pay teachers salaries during vacation?. 27 How may directors learn the amount of money to the credit of the district? ... 27 May the school house be used for other than school purposes and who has authority to grant privilege? 27 Where should the school house be located? 28 How many furniture and equipment be secured? 28 For what expenditures should directors make contracts? 28 How proceed in the matter of electing school directors? 28 How should warrants be made? 29 How shall directors proceed in the matter of erection of school house? 29 What are the steps in inforcing the Compulsory Education Law? 30 What publications should be in the hands of the directors? 31 May Board of Directors secure the services of an attorney and pay him from the funds of the district? 31 '24 SCHOOL DIRECTORS' guide. Page What is the Bateman Year? 32 What authority has the county superintendent? 32 When is money apportioned to the district and from what sources? . . 32 What is a school year? 32 May a teacher inflict corporal punishment? 33 What moneys belonging- to the school may the school directors receive and disburse without depositing with the county treas- urer? 33 May a teacher enforce rules as to cleanliness? 33 May a school site be secured by making part payment each year?. . 33 May a district maintain more than one school? 33 How proceed in the matter of securing a teacher? 33 How much tuition should be charged non-residents? 34 What blanks should a teacher have? 34 How may school districts be consolidated? 34 Who is a resident of a school district? 34 How may a school district be divided? 34 When may a school district be disorganized? 35 What are the steps in enforcing vaccination? 35 What blanks should be in the hands of the directors? 36 What publications should be in the hands of the teacher? 37 Shall teachers be paid during vacation? 37 What are the duties of the teacher? 37 How may the people of a district build a school house? . . . .' 37 questions and answers Question. What steps must be taken in collecting poll tax ? Answee. ' A poll tax of one dollar shall be levied upon all able bodied male persons, of the age of 21 years or over, residing in the district. Old age is not a sufficient excuse for not paying poll tax, unless a man is bodily disabled because of old age. The clerk shall make out a list of persons in the district liable to pay poll tax for which he shall receive $3.00 to be paid upon warrant out of the funds of the district. On the first Monday in February, the clerk shall post a copy of this list in some conspicuous place in the district. He shall then proceed to collect the poll tax from each person named on the list; and for this service, he shall receive ten per cent of all moneys collected. All moneys collected shall be paid to the County Treasurer for SCHOOL DIRECTORS' GUIDE. 25 the use of the district, and the school district clerk shall be paid his percentage by said County Treasurer. If poll tax is not paid thirty days after the first demand, the clerk may bring suit in. the name of the school district. On the first Monday in April, the clerk shall send complete written list of all persons liable to poll tax to County Clerk, and also a complete written list to County Superintendent; also, he shall keep one such list on file in his office. He shall also report to the County Superintendent, on or before the first Monday in April, the amount of poll tax collected, from whom collected, the names of persons still delinquent and the reasons for such delin- quency. To facilitate the collection of poll tax, any person, firm or cor- poration may be asked by the clerk to furnish list of employes; and if the clerk is unable to collect poll tax from employe or em- ployes ,the employer shall pay the poll tax, taking a receipt there- for ; and he shall then deduct the amount of the poll tax from the wages or salary of each employe. For refusing to furnish lists on demand of clerk, the employer is subject to fine. See also pages 14-16. Question. May election of directors be contested? Answer. Yes. Such contest may be made to County Superintendent, at any time within thirty days after the election. When election is contested, the County Superintendent shall turn over ballots, in the same condition as they were received by him, to the Probate Clerk, in order that they may be examined under the same terms and conditions as ballots in other cases of contested elections foi county officers. Question. What text books shall be used in the school ? Answer. Only those approved and adopted by the Territorial Board of Education. Send for list to the Superintendent of Public Instruc- tion, Santa Fe, N. M. Question. What general provision is there in the law covering the violation by school directors of the laws as to their powers and duties ? Answer. They shall, on conviction, be fined in a sum not less than $25.00 nor more than $500.00. 26 school directors' guide. Question. For what purposes may a school district vote bonds? Answer. For purchasing sites for school houses, for erecting and com- pleting school houses, and for refunding bonds. Question. How may the boundaries of the school district be fixed ? Answer. Upon request from residents of district, or upon his own initia- tive, the County Superintendent may request the County Surveyor to locate boundary lines and corners of any school district. The cost of such proceedings shall be charged to the county, and the County Commissioners may allow from the general county fund, not to exceed $50.00 for each school district, for such purpose. The boundaries of all school districts shall coincide so far as pos- sible with precinct boundaries. Monuments or other natural ob- jects used to mark boundaries shall be marked "District Num- ber — " An outline map of the district should be made, showing length, breadth, and proposed location of school house. A copy of this map should be filed with the County Superintendent,- and it should show actual site of school house. Question. What are the qualifications of voters at the election for school directors ? Answer. They shall be legal voters resident in the district, having paid the poll tax for the current year. Legal voters are citizens of the United States, 21 years or more of age, who have lived in the precinct one month ; in the county three months ; in the territory six months. Question. What are the qualifications of voters at an election to determine the issuance of bonds? Answer. They shall be legal (see foregoing answer) voters resident in the district. Question. What are the qualifications of voters at an election to determine as to a special levy? Answer. They shall be legal (see foregoing answer) voters resident in the district. SCHOOL DIRECTORS' GUIDE. 27 Question. What are the duties of directors as to the taking of the school census ? Answer. On or before the first day of September, the clerk shall correctly enumerate or cause to be enumerated all unmarried persons resi- dent in the ^district, between 5 and 21 years of age, giving names in full, ages and sex of such persons. For such service, the clerk shall be paid by proper warrant as usual, from funds of the district; said warrant to be signed by chairman, clerk and County Superintendent. He shall receive $1.50 for each hundred names or fraction thereof enumerated. The list of persons enumerated as above shall be sent to the County Superintendent, on or before Sept. 15th, and such list shall be signed by all the directors. The penalty for wilfully placing fictitious names or names of non-residents on list is a fine of from $10.00 to $50.00. Question. What are the legal holidays? Answee. Christmas Day, New Year's Day, Lincoln Day, Washington Day, and July Fourth; also such other days. as the Governor may proclaim, as fast clays or thanksgiving days. Arbor day shall be a holiday when appropriately observed. (Thanksgiving day is pro- claimed every year.) Question. May school boards pay teachers' salaries during vacation? Answer.. ' Yes; but the average monthly salary for the term shall not ex- ceed the amount allowed per month for grade of certificate held by teacher. Question. How may directors learn the amount of money to the credit of the district? Answer. By asking the County Superintendent or the County Treasurer. Question. May the school house be used for other than school purposes, and who has authority to grant privilege ? Answer. The school directors have the authority to grant or deny the use of the school house for meetings of religious, political, liter- 23 SCHOOL DIRECTORS' GUIDE. ary, scientific, mechanical, agricultural and industrial societies. The school house may also be used for holding elections. Question. Where should the school house be located? Answer. It should be located on a suitable site on some public highway or thoroughfare; centrally located, if most convenient for majority of residents who have children of school age. Question. How may furniture and equipment be secured? Answer. By purchasing such supplies as are necessary, after consulta- tion with the County Superintendent. Warrants drawn in pay- ment must have the approval of the County Superintendent. Question. For what expenditures should directors make contracts? Answer. For teacher's salary, for fuel, for rent of building (if rented), and for building, completing or repairing school house. Contracts for fuel, building, completing or repairing school house should be let after calling for and receiving bids. Question. How proceed in the matter of electing school directors? Answer. Upon creation of a new district, the County Superintendent shall appoint three directors to serve until the next regular elec- tion. On the second Monday of March, directors serving shall post notices of an election to be held on the first Monday in April by qualified voters residing and paying poll tax in the district, for three directors : In case more than one director is to be voted for, each voter shall vote for a candidate for each vacancy to be filled, indicating opposite each name the term of office: one for three years, one for two years, and one for one year; and at each succeeding election, one director shall be elected for term of three years. Vacancies are to be filled by County Superintendent until next regular election when said vacancies shall be- filled by the election of a director to fill out the unexpired term. In the event of a tie in an election for school director, there is no election and County Superintendent will appoint as in other cases of vacancies. The election shall be held on the first Monday in April, between the hours of eight a. m., and five p. m., at the public school house or other convenient place specified in notice. The directors serving SCHOOL DIRECTORS' GUIDE. 29 shall act as judges and election shall be by written or printed bal- lots. Directors shall certify result to County Superintendent; and the director or directors elected shall file oath (administered by directors as judges of election, by a notary, or by any other person qualified to administer oaths.) with the County Superintendent, before the first Monday in May. The term of office of director or directors elected shall begin the first Monday in May. Question. What is the proper form of school warrants ? Answee. All payments must be made on warrants of some regular form, properly numbered, drawn on the County Treasurer. Such war- rants shall be signed by chairman and clerk of board of directors, and countersigned by County Superintendent, if he thinks the ex- penditure justifiable. Question. How shall directors proceed in the erection of a school house ? Answee. The necessary money being on hand to the credit of the district, in the district school fund, the directors shall, in consultation with the County Superintendent, prepare or have prepared plans for the proposed school building. (Write Superintendent of Pub- lic Instruction, Santa Fe, N. M., for "Book of Plans and Specifica- tions for Small School Houses," published by the Territorial De- partment of Education.) Having determined upon the plans, the directors should advertise for bids for the erection of a school house, upon the basis of defi- nite specifications. Such advertisement may be made in news- papers or by posting notices, with the provision that bids will be opened thirty days after first notice posted or printed in news- papers. The board, in letting to the successful bidder, the contract which should have the approval of County Superintendent, shall require a good*and sufficient bond for the faithful execution of contract. The contract having been let, the County Treasurer shall honor and pay all warrants drawn by board of school directors when the same are accompanied by itemized and verified accounts and vouch- ers ; and it shall be the duty of school directors to open proper books of account with the fund from which money is taken for building or completing school house. All warrants must be signed by chair- man and clerk of school board and be countersigned by County Su- perintendent, if he thinks expenditure justifiable (by Attorney General's opinion). Directors shall not contract for or incur obli- 30 SCHOOL directors' guide. gations for building or improving school house beyond the amount of money available in the county treasury for such purpose. If the money is received from the sale of bonds, the law re- quires that it shall be deposited with the County Treasurer to the credit of the district fund, and expended in the regular way. Question. What are the steps in enforcing the Compulsory Education Law ? Answee. First: — Clerks of boards of school directors should post or pub- lish notices at once as provided in the Act. See Sec. 1555, Laws, 1897. The following form of notice is suggested: NOTICE TO PARENTS OR GUARDIANS OF CHILDREN OF COM- PULSORY SCHOOL AGE. Sec. 1555, Laws, 1897, as amended. The school directors or board of any school district, town or city in this Territory, are hereby empowered and required to compel parents, guardians, or other persons having the control, care or direction of children, when such children do not attend some private or denomination school, to send such children under their control to the public school during the entire time such school is in session in each scholastic year in their respective school communities, ex- cept that children referred to in this act shall not be less than seven nor more than fourteen years of age, or of such physical disability as to unfit them for school duties, which disability shall be certified to by some regular practicing physician : Provided, That the private or denomination school shall be equal in its teaching to the public school of the district ; and Provided, further, That this section shall not apply to children who live more than three miles from a public school. Any parent, guardian or other persons having the control of chil- dren and who shall fail or refuse to send such children to school as required by this act, after the clerk of the school district or the clerk of any town or city school board shall have given public no- tice containing the substance of this act, written or printed in both English and Spanish, by posting same in some conspicuous place at three separate points within the district, or publishing the same in some newspaper within the district, shall be punished, upon conviction thereof, by a fine of not less than $5 nor more than $25, or by imprisonment for not more than ten days in any county jail. County Superintendents are hereby vested with general super- SCHOOL, DIRECTORS' GUIDE. . 31 visory powers in this matter and shall require directors to comply with the provisions of the preceding section; and it shall be the duty of the presiding judge of the district court, to give at each session of the court, the substance of this law as a special charge to their respective grand juries, and it is made the duty of the dis- trict attorneys to give particular heed to the prosecution of causes growing out of violations of this Act ; and all fines so collected for the violation of this Act shall be paid into the county treasury and placed to the credit of the school district in which the offense oc- curs. Second: — All children over seven years of age and under four- teen years of age must attend school for the entire term in the dis- trict. If the district holds school for five months, the children must attend school for five months. If the district holds school for seven months, the children must attend school for seven months. Third: — In the event that any child of compulsory school age shall fail to attend school EEGULAELY as required by this Act, it becomes the duty of the clerk of the district board of school directors to notify the district attorney of such violation of the law, and "It is made the duty of the district attorney to give par- ticular heed to the prosecution/' (District or Justice Court.) Fourth : — County Superintendents are vested with general super- visory powers and shall compel compliance with the law. Fifth : — Sec. 12, Chap. 21, Laws of 1909, imposes a fine upon the County Superintendent or any other school officer for failure to perform his duty. Question. What publications should be in the hands of the directors ? Answer. A copy of the latest compilation of School Laws of New Mexico, (Spanish or English) ; and any other pamphlets relating to powers and duties of directors. These may be procured from the County Superintendent or from the Superintendent of Public Instruction. If building or improvement is contemplated, write Superintend- ent of Public Instruction for a copy of Book of Plans and Speci- fications for Small School Buildings. Question. May Boards of Direcors secure the services of an attorney and pay him from the funds of the district? Answer. Yes, provided the Bateman Act is not violated. Warrants drawn in payment for legal services shall be drawn in the usual way; 32 • SCHOOL DIRECTORS' GUIDE. signed by chairman and clerk of school board and by County Su- perintendent if he deems the expenditure justified. Question. What is the Bateman year? Answee. It is the year ending Sept. 1st, and in such a year, the district may contract no debt (except by issuance of bonds) which can not be paid out of the receipts for the year. Question. What authority has the County Superintendent? Answer. He has jurisdiction over all the schools of the county except those in cities (but those in cities shall make reports to County Superin- tendents) subject to the supervision and jurisdiction of the Terri- torial Superintendent of Public Instruction. The County Superintendent shall supervise methods of instruc- tion employed in county schools ; consult with school directors con- cerning improvements and keeping accounts; enforce compliance with school laws; organize, disorganize or change boundaries of school districts. All warrants drawn against the funds of the district must bear the signature of the County Superintendent as well as the signa- tures of the chairman and clerk of the school board ; and the Coun- ty Superintendent may refuse to sign warrants which are illegal or not justifiable. Eeports shall be made to the County Superintendent as called for by him. Question. When is money apportioned to the district and from what sources ? Answer. Money, aside from the proceeds of district bonds, special levies and fines and licenses belonging directly to the district, is appor- tioned by the County Superintendent from the proceeds of the territorial three mill tax, the forest reserve, the lease of public land and such fines and licenses as belong to the general county school fund. iVpportionment shall be made quarterly, beginning with January. Question. What is a school year? Answer. The school year is from June 15th to June 15th — that is, reports SCHOOL DIRECTORS' GUIDE. 33 •iare made for the year ending June 15th. It does not mean the length of time the school is in session. Question. May a teacher inflict corporal punishment? ANSWER. Yes; but such punishment should be iised only as a last resort and must be inflicted in a reasonable manner. In all cases it is best to make an effort to secure the consent of the parent before the punishment is inflicted. Question. What moneys belonging to the school may the directors receive and disburse without depositing with the County Treasurer? Answer. Absolutely none. All moneys received for tuition, rents, sale of school property, equipment or supplies, or from any other source whatsoever shall be turned over immediately to the County Treas- urer and placed by him to the credit of the district to be paid out only on proper warrant signed by chairman and clerk of school board and county superintendent. All money received from sale of bonds must also be left with the County Treasurer and dis- bursed in the regular way. Licenses and fines must be turned over to the County Treasurer by persons authorized to collect them and disbursed according to law. Question. May a teacher enforce rules as to cleanliness? Answee. Yes; it is her duty to do so, though of course tact and patience are required to produce lasting results. Question. May a school site be secured by making part payments each year ? Answer. Yes; provided the Bateman Law is not violated. Question. May a district maintain more than one school? Answer. Yes. Question. How proceed in the matter of securing a teacher? Answer. Usually teachers apply to the Board of Directors and it then be- comes the duty of the board to determine whether or not the various applicants have fulfilled the legal requirements. (See law with reference to teacher in Part One.) 34 SCHOOL DIRECTORS' GUIDE. If no teacher applies for the , position, the directors should con- sult with County Superintendent as to available teachers. Having determined upon a suitable teacher, directors should see that a written contract is signed in triplicate; one copy to be kept by the clerk of the board, one to be kept by teacher and one to be forwarded to County Superintendent. Question. How much tuition should be charged non-residents ? Answer. The board of directors may fix the charge, but such charge shall not be greater than 20 per cent more than the average cost per capita based on the average number of pupils belonging to the school throughout the previous school term. When non-resident pupils or their parents or guardians pay a school tax in any district, such pupils shall be admitted to the school and the amount of such school tax shall be credited on their tuition, and they shall be required to pay tuition only for the dif- ference therein. Question. What blanks should the teacher have? Answer. 1. Term register (two — one to be filed with clerk of board, and the other to be filed with County Superintendent at close of term.) 2. Term report to be sent to County Superintendent (see Com- mon School Course of Study). 3. Monthly report to be sent to County Superintendent. 4. Monthly reports to be sent to parents. Question. How may school districts be consolidated? Answer. The County Superintendent shall consolidate school districts, on presentation of separate petitions signed by the majority of electors residing in the respective territories affected. Question. Who is a resident of a district? Answer. Anyone who has moved into the district at any time for' the pur- pose of making it his home, who conducts himself as a resident of the district, sends his children to the local school, etc. Question. How mav a school district be divided? SCHOOL DIRECTORS' GUIDE. 35 Answer. By petition to the County Superintendent, if accompanied by statement showing that at least 25 children of school age live in each district affected. The County Superintendent may divide a district, and in making adjustment of finances, he shall have the co-operation of the Board of County Commissioners, and such ad- justment shall be made as will best subserve the interests of the districts. All indebtedness of old district shall be paid, and balance divided. All resources such as school houses, proceeds from sale of bonds, also all similar indebtedness shall be divided among the districts in proportion to the taxable property, according to the assessed value of each. But no district shall be so reduced as to make its bonded indebtedness exceed 4 per cent of its assessed valua- tion. (The Territorial Department of Education does not favor division of districts. It is better if necessary for a district to maintain two schools, or more, as it may legally do.) Question. When may a school district be disorganized ? Answer. Whenever the number of persons of school age in the district is reduced below 15, from causes over which the County Super- intendent does not have control, and these causes seem likely to he permanent, said County Superintendent is empowered to dis- organize the district and attach the Territory to the adjoining dis- trict or districts. If district to be disorganized is liable for bond issue or interest thereon, the County Commissioners are required to make levy and order collection thereof on the property of the district in order to pay said bonds and interest in regular manner. -Question. What are the steps in enforcing vaccination? Answer. Each teacher of the public school (rural, village, town or city) shall deny admittance to the school to all children who are not so vaccinated. Every child admitted to the school should be required to present statement from a reputable physician licensed to practice in the Territory of New Mexico, certifying that said child is properly protected by vaccination; said certificate specifically stating that the child has been effectively vaccinated (leaving well pronounced scar) within a period of five years previous to the date of entrance upon the school or that such child has been vaccinated either 36 SCHOOL DIRECTORS' GUIDE. with or without pronounced effect, within a period of 12 months previous to entering the school. 1ST. B. It is the concensus of opinion of the physicians of the U. S. that an effective vaccination protects the child against smallpox for a period of at least five years. At the beginning of the school year and at such other times thereafter as it may be deemed advisable, the teacher shall make report to the County Superintendent, giving the number of chil- dren who have been vaccinated within a year, and the number of children who have presented certificates certifying to effective vaccination within a period of five years; together with a list of names of parents who refuse or fail to have their children vac- cinated. It becomes the duty of the sheriff or any constable whom the sheriff may designate to arrest such parents or guardians ; and upon conviction, they shall "be fined not less than $25 nor more than $100, or be imprisoned as provided by law. The fine collected for violation of this act shall become a part of the school fund in the district in which the offender lives. The County Superintendent of Schools is required to enforce the law touching the vaccination of children attending the rural schools under his supervision. In incorporated cities and towns, the Boards of Education ase required to enforce the law. Sec. 12, Chap. 121, Laws of 1909, provides a penalty ($25 to $500) for the failure of any member of a Board of Education, any County Superintendent to perform his duty imposed under or by virtue of the law. Vaccination may be performed by the County Health Officer or by any reputable licensed physician. The expense of vaccination of children in indigent families may be met as provided in Sec. 30, Chap. 103, Laws of 1903. Question. What blanks should be in the hands of the Directors? Answee. 1. Vouchers. 2. Teacher's contract. 3. Notices for election of Directors, bond or special levy elec- tions. 4. Oath of Director. 5. Poll tax notices. 6. Poll tax lists. 7. Enumeration blanks. 8. Poll tax receipts. SCHOOL DIRECTORS' GUIDE. 37 9. Contracts for fuel. 10. Poll books. 11. Kecord books. Question. - What publications should be in the hands of the teacher ? Answee. 1. Common School Course of Study for New Mexico. 2. Institute Manual for New Mexico, (for the previous season.) 3. Book of New Mexico Public School Anniversaries. 4. New Mexico Educational Directory. Question. Shall teacher be paid during vacations ? Answee. The Directors may pay teachers during vacation, but the terms of the Bateman Act requiring all expenditures to be made from receipts for the current year, must not be violated. Also the aver- age salary paid the teacher per month for the term of the contract shall not exceed the salary allowed the teacher by law for the grade of certificate held. Question. What are the duties of the teacher ? Answee. (See form of contract). It is his duty to teach the pupils of the school under the supervision of the County Superintendent, to maintain order, to see that school property is not injured by the pupils, to make reports as called for by the County Superin- tendent. He should possess three certificates : 1. Certificate of health. 2. Certificate of institute attendance. 3. Certificate to teach in New Mexico. Question. How may the people of a district build a school house? Answee. In case the district has just been created and directors appoint- ed by .the County Superintendent, the directors may submit the question of voting bonds to the qualified voters of the district; or, the County Superintendent has power, upon a petition signed by 20 residents of the school district who are heads of families with children in school, to order the directors to submit the question of issuing bonds of the district for the purpose of purchasing site and building school house to the voters of the district. (No bonds may be issued unless boundaries have been established.) 38 SCHOOL DIRECTORS' GUIDE. If district has been created just before the time of making special levies, the district may vote for a special levy not to exceed 15 mills. (No levy may be made unless boundaries have been es- tablished) . Money from apportionments made by the County Superintend- ent, and licenses and fines placed to the credit of the school dis- trict may be used for this purpose as soon as available. For school districts which have been in existence some time there are the following ways of raising money to build a school house : 1. By using surplus in any sinking fund. 2. :By using surplus in general school fund to the credit of the district, provided amount in such fund is at least $200 after all expenses for maintaining school have been paid. 3. By voting negotiable bonds of the district. 4. By special levy not to exceed 15 mills. 5. By using any money to credit of district in the general school fund; provided, that no indebtedness except bonded shall be incurred in excess of receipts for current year. PART III PAGE. Teacher's Monthly Report 42 Teacher ' s Term Report 40 Notice of Funds (For County Superintendent) 43 Levy Notice 43 Certificate of Appointment of Director (For County Superintendent) 43 Form of Warrant 44 Notice of Election for Directors 44 Certificate of Election 44 Oath of School Director.. . 45 Ballot for School Election 45 Election Notice for Special Levy 45 Poll Tax Receipt 46 Teacher's Permit — Form A 46 Teacher's Permt— Form B .• 47 Teacher's Contract 47 Enumeration Form 49 Poll Tax Notice 50 Bond Election Notice 52 Fuel Contract 52 Notice of Boundaries 53 Compulsory Attendance Notice 53 Monthly Report to Parents 54 N. B.— The forms shown contain the material, but in many cases the spaces art- abbreviated. CO I— 1 m £ £ H o o3 tf CD -4-3 T3 o © co CO rP -r=> tf -r=* P o3 CO O E T3 ft P3 H En CO "p 'El CD P P ft p 'd 02 P lo !>a X p © P o T3 O CO T3 O CO a £ F3 03 a) ftfl .- ¥ ^3 r-. c8 « Q ^ cc ^ , i w r= r-. o*2 fc 2 O co r^ £ 2 CO 3 o o rd ! co '. I co o GO co '. 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I Female Total No. of Day Taught (Usually 20.) AVERAGE DAILY ATTENDANCE. Male I Female I Total Note— To find average daily attendace divide No. of days attended by No. of days taught. No. Recitations Daily No. Not Tardy No. Neither Absent Nor Tardy Names of Pupils of Compulsory School Age who were absent during month and reason for absence: Name Days Abst. Excuse Teacher , P. O. Filed in my office County Superintendent. SCHOOL DIRECTORS' GUIDE. NOTICE OP FUNDS. 43 , New Mexico, 19 ... . School District No You are hereby notified that your district has to its credit $ Any further information I might render you, command me. I am, Very truly, County Superintendent. LEVY NOTICE. To the Honorable Board of County Commissioners: Gentlemen: You are hereby notified that School District No , County of , has made, by vote of (Directors or People) , a special levy of ... . : mills for school purposes, which levy we request your Board to certify to the County Assessor. Directors. Certificate of Appoint- ment. Appointed as Direc- tor in School District No To serve from , 19 Until 19.... County Superintendent. CERTIFICATE OF APPOINTMENT. Whereas, a vacancy exists in the office of School Director of School District No. . . of County, New Mexico, Therefore, is hereby appointed, in accordance with the laws of the Territory of New Mexico, to serve as a director of said District until the 1st day of May, 19 N.M., • 19.... County Superintendent. 44 SCHOOL DIRECTORS' GUIDE. No. .19. To. For Amount .... xs Bal g Amt. this warrant a : < Bal. on hand WARRANT. No. ,19.... The Theasurer op County, N.M. Pay to .....or order The sum of - Dollars For Chairman. Clerk Dist. No. NOTICE OF ELECTION FOR DIRECTORS. Notice is hereby given to the voters of School District No. , County of , New Mexico, that an election will be held the first Monday in April 19.... at for the purpose of choosing. . school director according to law. The election will be held by the present directors # commencing at 8 a. m., and closing at 5 p. m. School Directors. At the said election only legal voters, residents within the said district, who have paid poll tax for the current year are qualified to vote. CERTIFICATE OF ELECTION OF APRIL, 19 Dist. No , County of We, the undersigned, directors and judges of the election, hereby certify that the election was held according to law and that the following men were elected as directors: Post office. For 3 years No. votes, ■. ■.-. . ■ -. ■ . . . - ; :-. . ."> For 2 years " " For 1 year " • ' The majority of the votes cast were for a . . mill tax and we, the directors, add mills making a total of mills for school purposes. Signed: Chairman Clerk... Other member Make other explanations here. SCHOOL DIRECTORS' GUIDE. 45 OATH OP SCHOOL DIRECTORS. Territory of New Mexico, County of f ss< I ,' having been duly Director in and for . . : School District No , .County, New Mexico, do solemnly swear that I will support the Constitution and the Laws of the United States and the Laws of the Territory of New Mexico; that I am not the holder of any public moneys due to this Territory; or any county thereof, which is unaccounted for, and that I will faithfully discharge the duties of the said office of School Director, to the best of my ability, so help me God. Subscribed and sworn to before me this day of 19.... BALLOT SCHOOL ELECTION. For School Directors, I vote for for a term of years for a term of years for a term of years For a special tax for school purposes, I vote for mills. ELECTION NOTICE FOR SPECIAL LEVY. Notice is hereby given to the qualified voters of School District No of County, Ne w Mexico, that an election will be held at , on the day of 19...., for the purpose of voting upon the question of a special levy of . mills for school purposes. Attest: Directors Dist. No County Superintendent. 46 No Date 19. Received from SCHOOL DIRECTORS' GUIDE. POLL TAX RECEIPT. No In School District No. . . . . , County, N. M. Poll Tax for the year 19 ,19., Received from One Dollar, for Poll Tax for the year 19 in School District No , County, N. M. Clerk of School District. ,19.... County Teacher's Permit No. . . Granted to , of New Mexico, to teach in School District No. County Superintendent of Schools. COUNTY TEACHER'S PERMIT. Form A. Permit No. Whereas, there has been presented to me, a petition from the School Directors of School District No. , requesting that such a permit be granted; and, Whereas, credentials as to ability and experience in teaching have been shown and are deemed sufficient to meet the requirements of the law; and Whereas, applicant has filed health certifi- cate and has accounted for institute attend- ance in accordance with law. Therefore, I, , Superintendent of Schools of County, New Mexico, and by authority vested in me as such, do now grant to this permit to teach in the public schools of County, New Mexico, from this the day of 19. ... , until the next regular examination of teachers in this county. County Superintendent of Schools SCHOOL DIRECTORS' GUIDE. 47 PERMIT FORM. Form B. To Whom it May Concern: By virtue of the power vested in me by Section V, Chapter XCVII, Session Laws of 1907, I, County Superintendent of County, hereby issue to , , New Mexico, this permit to teach in any of the Public Schools of Count}' , from this date until the day of the next examination of teachers in said county. Given at , New Mexico, March ,19 Co. Supt. Schools County. TEACHER'S CONTRACT. Territory of New Mexico, County of By this Contract it is Agreed, and entered into by and with the Directors of School District No , of the County of Territory of New Mexico, and , the holder of a certificate according to the now existing law; that said teacher will instruct, direct and manage the Public School of said District to the best of ability, and that will keep a daily record of all the pupils who are attending the school, and such other matters as the Board of Directors of the District may require; will give the information which may be asked by the School Superintendent of the County, and see to the protection of school house and furniture, for the term of calendar or school months of school, provided funds are sufficient, commencing the day of , A. D. 19 .... , for the sum of dollars for each month of teaching, payable at the end of each month. Said Directors agrees to make the repairs in the school house, provide for heating the same, furnish the record books and pay for the services of said teacher, as above specified, if they are truly and duly performed; provided* that if said teacher be legally dismissed from the school, or 48 SCHOOL DIRECTORS' GUIDE. that if certificate be legally annulled by ex- piration of time, or in other manner, then said teacher has no right to any pay from and after such dismissal or annulla- tion; furthermore provided, that the salary of said teacher for the last month of the term of teaching be not paid to said teacher if fails to present the above men- tioned information. This agreement further witnesseth that said. is "a holder of a grade certificate, valid in the County of , New Mexico, and the above teacher attended the summer normal in ... : , as required by law, or holds an approved excuse from the Territorial Super- intendent, and that said teacher is the holder of a health certificate issued not later than by a regularly licensed practicing physician. It is further agreed that in case default in payment shall be made that the salary so due shall bear interest at the rate of one per cent per month until paid. It is further agreed that the school day shall begin at 9:00 in the morning and close at 4:00 in the afternoon with one hour and fifteen minutes for noon recess and fifteen minutes intermission during each half day, except that pupils under seven year of age may be dismissed one half hour earlier each half day session. It is further agreed that no deduction shall be made for holidays or in case school shall be adjourned on account of contagious disease unless said adjournment shall be made for more than one month in'which case the salaries shall cease at the expiration of one month. It is further agreed that in case of resignation, two weeks notice will be given by the party of the first part to the party of the second part. In Testimony Thereof, We have hereunto signed oar names this .... day of , A. D. 19 . . . . Signed: Chairman. " Clerk! Board of Directors. Teacher. Approved County Superintendent. NOTICE.— This contract is to be made in triplicate; one to be given to the Teacher, another to be kept in the office of County Superintendent, and the other for the Board of Directors. Boards of Directors and other officials are forbidden to cause money to be paid for services of teachers who are not certificated as provided bylaw This contract is not valid unless signed by at least two of the School Directors, and the Teacher, and approved by the County Superintendent. SCHOOL DIRECTORS' GUIDE. ENUMERATION FORM. 49 (Form should be large enough to carry thirty or more names.) Enumeration of persons between the ages of five and twenty-one years, residing in School District No , County, New Mexico. Note. — This report must be signed by all the District Directors and filed with the County Superintendent before the 15th of 'September in each year. K ■ — NAMES. MALE. AGE. FEMALE. AGE.. RECAPITULATION. Number of persons: Male : Female ; Total We hereby certify the above to be a correct list of the persons of school age in District No. .County, New Mexico, taken on or before the first day of September 19 ... Directors. 19 ... . 50 SCHOOL DIRECTORS' GUIDE. NOTICE TO POLL TAX PAYERS. Poll Tax for 19 ... . School District No. . . . , County, New Mexico. Below is a list of persons liable for the payment of a poll tax in School District No , County, New Mexico. All able bodied men over the age of twenty one shall pay a poll tax of one dollar in the school district in which they live. The law makes no limit to age over 21. Every cent of poll tax collected here is placed to the credit of this school district; therefore, any attempt to avoid pay- ment of same is an attempt to defraud the school children of this district of their just dues. However, it is our intention to see that every poll tax is collected this year. Poll tax should be collected before the first Monday in April, but can be collected any day in the year, should it for some reason, not have been collected at the proper time. The clerk of the school board is the proper one to collect the poll tax and gave receipt for same. He may go from house to house and collect if he wishes but the law does not require him to do this — each man should, if necessary, carry or send his poll tax to the clerk. The law requires the clerk, on or before the first Monday of April, to deliver to the County Treasurer One Dollar for each of the names below, unless some have not paid, then he is to make a certified statement to the County Superintendent, giving the names of those who are delinquent and reason for said delinquency. He (the clerk) is also to deliver the names of these delinquents to the Justice of the Peace for collection, and when this is done, a fine is always attached. If some have failed to pay their poll tax for the past year or for the past two or three years, it should be paid at this time. "No property shall be exempt from execu- tion in suits for the collection of poll taxes." — Sec. 1549, page 69, Laws of 1909. Persons who moved into the district after the posting of this notice, but have not paid their 1910 poll tax elsewhere, are liable for a poll tax in this district. The clerks of the various districts are under oath and bond SCHOOL DIRECTORS' GUIDE. 51 for the faithful performance of their duties, and they will be expected to report to the Justice of the Peace, all delinquents if there be such on the first Monday of April. Let this be our motto: "Every 1910 poll tax collected in County by the first Monday in April." County Superintendent of Schools. 16 17 18 19 20 21 22 24 10 25_ 11 ^__^__ 26_ 12 27 13 28_ H 29_ 15 30 Signed by Clerk of District, NOTE —On the first Monday in February, clerk of school board should post one or more of these notices in the district, forward one to the county superintendent, and reserve one for his own use. On or before the first Monday in Aprili, make another report to county superintendent, and mark opposite each name, either paid or delin- quent as case may be and give reasons for delinquency. 52 SCHOOL, DIRECTORS' GUIDE. NOTICE OP BOND ELECTION. Notice is hereby given to the qualified voters of . . School District No of ... County, New Mexico, that an election will be held at . . on the . day of 19 for the purpose of voting upon the question of the issue of bonds in the sum of Dollars in denominations of Dollars bearing interest at per cent, dated and running for a period of years redeemable after years, bonds sold and handled as provided by Section 1542, Compiled Laws of 1897, the receipts from the sale of said bonds to be used for Directors. FUEL CONTRACT. This memorandum of agreement, made this day of -.'...' 19 , between of the one part, and as Directors of School Distrit No , in the County of , New Mexico, of the other part. WITNESSETH: That said agrees to deliver at the school house in said District, on or before the day of , 19 , tons of coal and. . . . .cords of wood, of a good quality at $ .... per ton and $ . per cord. And said . . .as Directors, as aforesaid, are then and there to certify in favor of the said for the sum due for said fuel. Contractor. Directors. SCHOOL DIRECTORS' GUIDE. 53 BOUNDARIES SCHOOL DISTRICT NO. ... . , County, N. M 19.. Boundaries of District. Corner. Quarter. Section. Township North. Range East. Beginning - at t Miles to ■ County Superintendent of Schools. NOTICE OF COMPULSORY SCHOOL ATTENDANCE. All children between the ages of seven and fourteen years, physically able and residing within three miles of the school house, must attend school during the entire term. A penalty of |25.00 may be imposed upon a parent or guardian who violates this statute. (See 1909 School Laws, Sec. 1555 and Sub-Sec. -2.) County Superintendent. Board of Directors. AVISO. Todos los ninos de las edades de siete a catorce anos, que no esten dishabilitados fisicamente, y residiendo dentro de tres millas de la casa de escuela, deben atender a la escuela durante todo el t^rmino de la misma. Una multa de $25 6 encarcelamiento sera impuesto al padre 6 guardian que vio- lare esta acta. (Vease, Leyes de Escuela, Sec. 1555 y Sub- Sec. 2.) Superintendente de Condado. Cuerpo de Directores. 54 SCHOOL DIRECTORS' GUIDE. MONTHLY REPORT CARD. (To be sent to parents by teacher for each child) Monthly Report of .... , for Term ending. .......19.. Teacher. 1 Reading 2 Spelling- 3 Language 4 Arithmetic 5 Mental Arith 6 Algebra 7 Physical Geography 8 Grammar 9 Geography 10 History 11 Civil Government . . 12 Physiology 13 Physics 14 Chemistry 15 Latin 16 Penmanship 17 18 Absences, } days Per ct. of attendance . . . Tardy Marks 1st Month 2d Month 3d Month 4th Aver- Month ages Averages of Scholarship Signature of Parent or Guardian. Excellent 95 to 100 Good, 85 to 35 Medium, 75 to 85 Poor, below, 75 1st Mo. 2d Mo. . 3d Mo. . 4th Mo. To Parent or Guardian: Please examine the standing, sign name in the proper blank, and return the card promptly. Let us work toge- ther in educating the pupil. N. B. Use one card for each hilf of the entire term of school. School, Directors' Guide Prepared by the Territorial Department of Education. Santa Fe, KM. 1910 Santa Fe New Mexican Print.