SCHOOL LAWS
OF IOWA
FROM THE CODE OF 1897, THE SUPPLEMENT TO
THE CODE, 1913, AND THE SUPPLE-
MENTAL SUPPLEMENT, 1915.
WITH
NOTES, FORMS AND DECISIONS
FOR
USE AND GOVERNMENT OF DIRECTORS
AND SCHOOL OFFICERS
EDITION OF 1915
A. M. DKYOE
Superintendent op Public Instruction
DES MOINES
ROBERT HENDERSON, STATE PRINTER
J. M. JAMIESON, STATE BINDER
1915
D. of D.
(AAY XI 1916
TRANSMIT TO SUCCESSOR
Each school officer, upon the termination of his term of office, shall
immediately surrender to his successor all books, papers and money
pertaining or belonging to the office, taking a receipt therefor.
Code, Section 2770.
Note : In the past, hundreds of copies of the School Laws of Iowa,
have been lost or carelessly mislaid. As a result, it has required many
extra copies. School officers should bear in mind that this is not per-
sonal property and should be turned over to their successors.
The Code of Iowa is copyrighted by the State ; and permission to
publish the sections contained herein has been granted by the State
Executive Council.
Sec. 2794-a. Page 97, Line 18 shoukl read "corporations shall not
be formed."
PREFACE
The School Laws of Iowa, Section 2627-e, authorizes the Superintend-
ent of Public Instruction, if he deems necessary, to cause to be printed
every four years all school laws in force up to that time, with such notes,
forms, rulings and decisions as may be of value to school 'officers in the
discharge of their dutiep.
Each school corporation and each director is entitled to receive a copy
for which the school officers are responsible. These copies are to be de-
livered to successors in office and it is, therefore, urged that special
pains be taken to preserve them. The Department of Public Instruction
does not furnish new copies of the school laws upon application, but
school officers entitled to them must inquire of their county superin-
tendents. School officers have no right to complain about the increase
of taxes if they carelessly put this copy of the school law in some obscure
place where it cannot be found at the proper time.
The explanatory notes printed herein have been prepared in accord-
ance with recent legislation and the most recent rulings of the Supreme
Court, Superintendent of Public Instruction and opinions of the Attorney
General. Keferences in most instances have been given which will indi-
cate the source of authority and add value to their use. Those who
desire additional information will find the Supreme Court decisions on
file in every court house, which may be consulted upon application to
the Clerk of the District Court. When more definite information is
wanted the County Superintendent and the County Attorney should be
consulted.
The appended decisions are those rendered by the Superintendent
of Public Instruction. Only such decisions as involve the m'ost important
points in law are contained in the present volume. A careful reading
of these decisions will often times give a dearer understanding of the
laws.
The sections will appear in practically the same order as in the 1911
edition and the section numbers at the beginning correspond to the
Code, 1897, and the Supplements. The recodification of our laws since
the printing of the 1911 edition of School Laws has made ^^ pos'sible to
give each section its proper number.
6 PREFACE
This book is submitted to the school officers of Iowa with the hope
that such matter as may appear will be read thoughtfully and the
knowledge gained thereby will enable the directors to perform better
their duties to the public. The Department of Public Instruction recom-
mends that the school officers shall make an honest effort to interpret
the laws fairly and administer them justly. If such be done, much un-
necessary trouble may be avoided. A narrow view never produces the
best results,
A. M. DEYOE,
Superintendent Public Instruction.
SCHOOL LAWS OF IOWA
SUPERINTENDENT OF PUBLIC INSTRUCTION.
Sec. 2627 a. Appointment by governor — term — vacancy. The gov-
ernor shall, during the session of the thirty-sixth general assembly and
every four years thereafter, nominate and with the consent of two-thirds
of the members of the senate in executive session, appoint a superinten-
dent of public instruction, whose term of office shall commence on the
first secular day of July next following his appointment, and shall con-
tinue for the period of four years, and until his successor is appointed
and qualified; and the term of olfice of the superintendent of public
instruction in office at the taking effect of this act is hereby extended
until the appointment and qualification of such officer under this act.
Vacancies at any time occurring in said office shall be filled by appoint-
ment by the governor, but no person so appointed shall hold oft'ice be-
yond the end of the session of the legislature next ensuing, unless ap-
proved by the senate as above provided. [35 G. A., ch. 103, § 1,]
Sec. 2627-b. Qualifications — oath. The superintendent of public
instruction shall, at the time of his appointment, be a graduate of an ac-
credited university or college, or of a four-year course above high school
grade in an accredited normal school, and shall have had at least five
years' experience as a teacher or school superintendent. He shall, before
entering upon his duties, take and subscribe the constitutional oath of
office, which shall be filed in the office of the secretary of state. [35 G.
A., ch. 103, § 2.]
Sec. 2627-c. General supervision — duties. The superintendent of
public instruction shall have general supervision and control over the
rural, graded and high schools of the state, and over such other state
and public schools as are not under the control of the state board of edu-
cation, or board of control of state institutions, and his office shall be
known as the department of public instruction. It shall be his duty :
1. Inspection. To ascertain, so far as practicable, by inspection or
otherwise, the conditions, needs and progress of the schools belonging to
his department.
2. Recommendations. To suggest, through public addresses, pam-
phlets, bulletins, and by meetings and conferences with school officers,
teachers, parents, and the public generally, such changes and improve-
ments as he may think desii-able, and may publish and distribute such
views and information as he may deem important.
8 SCHOOL LAWS OF' IOWA
3. jfronujuon of interest in education. To endeavor to promote among
the people of the state a proper interest in the general subject of educa-
tion, including industrial and commercial education, agriculture, manual
and vocational training, domestic science and continuation work.
4. Classification. To classify and define the various schools belonging
to his department, and to formulate suitable courses of study therefor,
and to publish and distribute such classifications and courses of study.
5. Officers' wnd teachers' reports — forms. To prescribe the reports,
both regular and special, which shall be made by public school officers,
superintendents and teachers, and other persons or officers having the
custody or control of public school funds or property, and to prepare
suitable forms therefor, and to furnish blanks for such reports as are to
be made to him.
6. Days for special observance. To publish and distribute from time
to time leaflets and circulars relative to such days and occasions as he
may deem worthy of special observance in the public schools.
7. Appeals — opinions. To examine and determine all appeals made
to him according to law and the rules relating thereto, and to prescribe
rules of practice therefor not inconsistent with law. He shall also render
written opinions upon questions submitted by school officers pertaining
to their duties.
Notes: 1. AH questions answered. It has been the custom for many
years to answer all proper inquiries, from whatever source, touching the
construction and application of the school laws.
2. Letters not returned. As all correspondence of value must be filed
for preservation, it is obvious that it is impossible to comply with a re-
quest to return a letter with the reply.
8. Reports. He shall, on the first day of January of each year, report
to the auditor of state the number of persons of school age in each
county. He shall report biennially to the governor the conditions of the
schools under his supervision, including the number and kind of school
districts, the number of schools of each kind, the number and value of
schoolhouses, the enrollment and attendance in each county for the pre-
vious year, any plans matured or measures proposed for the improve-
ment of the public schools, and such financial and statistical information
as may be of public importance; he may also include such general in-
formation relating to educational affairs and conditions within the state
or elsewhere, as he may deem necessary.
9. Plans and specifications for buildings. He shall, when deemed
necessary, cause to be prepared and published a pamphlet containing
suitable plans and specifications for public school buildings, including
the most approved means and methods of heating, lighting and venti-
lating the same, together with information and suggestions for the
proper and economical construction thereof. It is hereby made the duty
of the state architect to render such assistance and to perform such serv-
ices in preparing such plans and specifications as may be requested by
the superint'^pdent of public instruction.
SCHOOL LAWS OF IOWA 9
10. Institutes. He shall appoint county educationni meetings or
institutes to be held in each county once each year and not more than
twice, and shall designate the time and place for holding them. The
program therefor, and the instructors and lecturers therein, shall be
subject to his approval.
11. Examinations. He shall prepare and supply questions for the
examination of applicants for teachers' certificates and for the examina-
tion of pupils completing the eighth grade in the rural schools. [35 G.
A., ch. 103, § 3.]
Sec. 2627-d. Office — records — clerks — supplies. The superinten-
dent of public instruction shall have an office in the capitol. He shall
file and preserve all reports, documents and correspondence that may
be of permanent value, which shall be open to inspection under reason-
able conditions, by any citizen of the state. He shall keep a record of
the business transacted by him, and shall turn over to his successor all
records, papers, reports, documents, books and other state property
pertaining to his office. He shall be furnished by the executive council
with sufficient office room and clerical and stenographic help, and with
all necessary books, blanks, stationery, printing, postage and office sup-
plies, and with the reports of the supreme court of the state. [35 G.
A., ch. 103, § 4.]
Sec. 2627-e. School laws — publication. He shall every four years,
if deemed necessary, cause to be printed in book form all school laws
then in force, with such forms, rulings and decisions, and such notes and
suggestions as may aid school officers in the proper discharge of their
duties ; a sufficient number of copies shall be sent to the county super-
intendent of each county to supply the school officers, directors, and
superintendents therein. He may cause to be printed in pamphlet form
after each session of the general assembly, any amendments or changes
in the school laws with necessary notes and suggestions, which shall be
distributed as above provided. [35 G. A., ch. 103, § 5.]
Sec. 2627-f. Reports of funds or school property — delinquency. He
may require from time to time reports under oath from all officers and
persons who have any authority over, or who have any duties in con-
nection with, public school affairs, or who have, or who have lately had.
the custody or control of any public school funds or property. He shall
furnish the proper blanks for such reports, and any such officer or person
who unreasonably neglects or refuses to make a report required by the
superintendent of public instruction shall be deemed guilty of a mis-
demeanor. [35 G. A., ch. 103, § 6.]
Sec. 2627-g". Deputy — chief clerk — inspectors. He may appoint a
deputy whose appointment must be approved by the governor of the
state. The qualifications of the deputy shall be the same as required
by section two of this act. The deputy shall qualify in like manner as
his principal and. in the absence or inability of the superintendent, shall
perform the duties of the office. He shall also appoint i cb'ef clerk
10 SCHOOL LAWS OF IOWA
and such regular inspectors of the public schools of the state, including
rural, graded and high schools, as he may deem necessary, not exceeding
three. [35 G. A., ch. 103, § 7.]
Sec. 2627-h. Salaries — expenses. From and after the taking effect
of this act the salary of the superintendent of public instruction shall
be four thousand dollars per annum; the salary of his deputy shall be
twenty-five hundred dollars per annum; the salary of the regular in-
spectors in the department of public instruction shall be two thousand
dollars per annum each; the salary of the chief clerk shall be fifteen
hundred dollars per annum, all such salaries to be paid monthly upon
the warrant of the state auditor. The superintendent of public instruc-
tion and his deputy and the regular inspectors in .his department shall
also receive their actual necessary traveling expenses incurred in the
performance of their official duties, to be allowed upon an itemized and
verified account filed with and approved by the executive council and
the state auditor who shall draw his warrant on the state treasurer for
the amount allowed. [35 G. A., ch. 103, § 8.]
Sec. 2627-i. Repeal. Chapter one of title thirteen of the supple-
ment to the code, 1907, as amended, relating to the office of public
instruction is hereby repealed and all other acts and parts of acts in-
consistent with the provisions of this act are hereby repealed in so far
as they may be inconsistent herewith. [35 G. A., ch. 103, § 9.]
BOARD OF EDUCATIONAL EXAMINERS.
Sec. 2628. Members. The educational board of examiners shall
consist of the superintendents of public instruction, president of the
university, principal of the normal school, and two persons to be ap-
pointed by the governor, one of whom shall be a woman, the appointees
to hold office for a term of four years and be ineligible as his or her
successor, the superintendent of public instruction to be by virtue of
his office president of the board. [19 G. A., ch. 167, § 1.]
Sec. 2629. Meeting's — examinations. The board shall meet for the
transactions of business at such times and places as the president may
direct, and shall annually hold at least two public examinations of
teachers, to be conducted by a member or the secretary of the board or
by such qualified person or persons as the board may select. All ex-
aminations shall be conducted in accordance with rules and regulations
adopted by the board, not inconsistent with the laws of the state, and a
record shall be kept of all of its proceedings. It may issue state certifi-
cates and state diplomas to such teachers as are found upon examination
to possess a good moral character, thorough scholarship and knowledge
of didactics, with successful experience in teaching, or with such other
training and qualifications as the board may require. The examination
for certificates and diplomas shall cover orthooTaphy, reading, writing,
arithmetic, geography, English grammar, bookkeeping, physiology, his-
tory of the United States, algebra, botany, natural philosophy, drawing,
civil government, constitution and laws of the state, and didactics ; those
SCHOOL LAWS OF IOWA 11
for diplomas, in addition to the foregoing, geometry, trigonometry,
chemistry, zoology, geology, astronomy, political economy, rhetoric,
English literature, general history, and such other studies as the board
may require. [32 G. A., ch. 6, § 2; 29 G. A., ch. 114, § 1 ; 28 G. A., ch.
95, § 1; 19 G. A., ch. 167, §§ 2-4.]
Sec. 2630-b. Special certificates. The educational board of exam-
iners may issue a special certificate to any teacher of music, drawing,
penmanship, or other special branches, or to any primary teacher, of
sufficient experience, who shall pass such examination as the board may
require in the branches, and methods pertaining thereto, for which the
certificate is sought. Such certificates shall be designated by the name
of the branch and shall not be valid for any other department or branch.
The board shall keep a complete register of all persons to whom certifi-
cates or diplomas are issued. [28 G. A., ch. 96, § 2; 23 G. A., ch. 22.]
Notes: 1. Kinds. Under authority of this section, the board of exam-
iners may issue special state certificates for any subject or group of suib-
jects taught or maintained in the public schools.
2. For whom. The special state certificate is intended for teachers of
special branches, as a recognition of professional skill, expert scholarship,
and successful experience in teaching a particular subject.
3. Scholarship. While the candidate must possess complete and techni-
cal knowledge of the special branch for the teaching of which a certificate
is desired, some general education and culture will be required, as a cer-
tificate cannot be granted on account of proficiency in one subject only.
4. Subjects. The holder of a special certificate will be authorized to
teach the branch specified, in any public school in the state for a period of
five years. Section 2 631. A special primary certificate authorizes the
holder to teach in primary departments. Primary departments are held to
include work in first, second and third grades.
5. Special county certificates. See section 2734-e.
Sec. 2630-c. Validation authorized. The state educational board of
examiners is hereby empowered to validate certificates issued by state
departments of education in other states, where such certificates were
issued upon evidence of scholarship and experience equivalent to that
required for like certificates under the .laws of this state. Such vali-
dated certificate shall authorize the holder to teach in any public school
in the state for five years after date of such validation. [34 G. A., ch.
130, § 1 ; 32 G. A., cii. 149.]
Note: Certificates on college graduation. Sections 2 63 4-f to 2 634-h.
Sec. 2631. How long valid — revocation — fees. A state certificate
shall authorize the holder to teach in any public school in the state
for five years thereafter, and a diploma shall confer such authority for
life ; but any certificate or diploma may be revoked by the board for
sufficient cause, or such cause as would, if known at the time, have pre-
vented issuance thereof, provided the holder of such certificate or
diploma shall have due notice, and shall be allowed to be present and
make his defense. For each certificate issued the applicant shall pay
two dollars, and for each diploma five dollars, which may be required
before the examination is commenced. All moneys obtained from this
source shall be paid into the state treasury. [32 G. A., ch. 6, § 3; 19
G. A., ch. 167, §§ 5, 6.]
12 SCHOOL LAWS OP IOWA
Notes: 1. Subjects for which valid. Holders of any valid license, not a
special certificate, may teach, any subject prescribed in the curriculum,
whether the holder was examined in such subject. Attorney-general, report
1906, page 42. (For validity of special state certificates, see section 2630-
b.)
2. No exemption. The fact that a teacher holds a state certificate, or a
«tate diploma, does not in any way exempt him from the same obligations
imposed by the law upon other teachers. It is the duty of all teachers to
attend the county normal institute and to support the county superintend-
ent in all measures calculated to improve the schools and to advance the
interests of education in the county.
3. Kegistration of certificates. All certificates and diplomas must be
registered in each county in which the holder desires to teach. Section
2734-q.
Sec. 2633. Account of moneys. The board shall keep an accurate
and detailed account of all moneys received and expended, which, with
a list of those receiving certificates or diplomas, shall be published by
the superintendent of public instruction in his annual report. [19 G.
A., ch. 167, § 9.]
Sec. 2634-a. Compensation — secretary — employes — salaries. "Each
member of the board shall receive for the time actually em-
ployed in such service, his actual necessary expenses, and those not
salaried officers or employes of the state or any institution thereof shall
be paid in addition, three dollars per day. The board shall have power
to employ a secretary and prescribe his duties. He shall receive a salary
not exceeding one hundred and twenty-five dollars per month and actual
necessary expenses while engaged in the performance of his duties at
places other than the capitol. The board shall have power to employ
such persons as are necessary to assist in examinations and in reading
answer papers and for clerical work and other necessary assistance.
Persons so employed shall receive not to exceed fifty cents per hour for
the time actually employed and actual traveling expenses to and from
the place where their services are required. All expenditures authorized
to be made under the provisions of chapter two of title thirteen of the
code and of the supplement to the code [1902] and amendments thereto
and under the provisions of chapter one hundred twenty-two, acts of
the thirty-first general assembly, and under the provisions of this act
shall be certified by the chairman of the educational board of examiners
to the executive council for payment. If found correct the executive
council shall cause same to be paid from any funds paid into the state
treasury under the provisions of section twenty-six hundred thirty-one
of the code and chapter one hundred twenty-two, acts of the thirty-first
general assembly, and amendments thereto." [36 G. A., S. F. 339, § 1;
32 G. A., ch. 6, § 4; 27 G. A., ch. 73, § 1 ; 25 G. A., ch. 36; 19 G. A., ch.
167, § 8.]
Sec. 2634-al. Printing. This act shall be construed as giving legal
authority to the educational board of examiners to obtain all the neces-
sary printing for the performance of their duties, as required by law,
in the same manner as the printing is provided for state officers. [32
G. A., ch. 6, § 5.]
SCHOOL LAWS OP IOWA 13
NORMAL TRAINING IN HIGH SCHOOLS.
Sec. 2634-bl. Training of teachers for rural schools— normal courses
in certain high schools. That section two of chapter one hundred
thirty-one of the acts of the thirty-fourth general assembly be and the
same is hereby repealed and the following enacted in lieu thereof :
For the purpose of increasing the facilities for training teachers for
the rural schools, by requiring a review of such common branches as may
be deemed essential by the superintendent of public instruction and for
instruction in elementary pedagogy and the art of teaching elementary
agriculture and home economics, provision is hereby made for normal
courses of study and training in such four-year high schools as the
superintendent of public instruction may designate ; provided that such
high schools shall be selected and distributed with regard to their use-
fulness in supplying trained teachers for the rural schools of all por-
tions of the state, and with regard to the number of teachers required
for rural schools in each portion of the state. It is further provided
that where a township high school or a consolidated school organized
in accordance with the provisions of chapter one hundred forty-three
of the acts of the thirty-fourth general assembly can meet the require-
ments of the superintendent of public instruction, it shall be given
preference over a city high school. [35 G. A., ch. 242, § 1 ; 34 G. A., ch.
131, § 2.]
Notes: 1. Private and denominational schools are eligible to qualify
under this law but may not receive financial aid.
2. Private and denominational schools, in order to be eligible to the
provisions of this act, must maintain a course that is equivalent to that
maintained in a four-year high school.
3. A class of ten enrolled in the normal course may be composed in
part from those enrolled in the eleventh grade, and in part from those en-
rolled in the twelfth grade.