superintendent, which is a public record and open to examination by parties
interested, will furnish all needed data, where access to transcript sent up
is inconvenient.
10. Original evidence. The superintendent of public instruction will not
hear original testimony in cases submitted to him. Decision, 50.
11. Revocation of certificate^ — appeal. Any person aggrieved by the action
of a county superintendent revoking a certificate may appeal to the super-
intendent of public instruction, provided such appeal is taken within tea
days from the mailing of the notice of revocation. Section 2734-u.
12. Decision — enforcement. A person in whose favor an appeal is de-
cided has the remedy of a writ of mandamus from a court of law to enforce
the decision of appeal. 69 Iowa, 533, and 72 Iowa, 379.
13. Decision final. A decision in appeal by a county superintendent or
the superintendent of public instruction is final in the sense that no court
will attempt to review or set aside such a decision if the matters included are
clearly within the jurisdiction of such school officers. 69 Iowa, 533, and 110
Iowa, 652.
14. When hoard may take different action. An appeal decision does not
always prevent the board from acting anew upon the matters involved in
the appeal. If the order of a board is affirmed the board will be left free
to take any action thought best by it; that is, it will have the same freedom
to act that it would have if no appeal had been taken.
15. Mandamus. Until the board has taken a different action no doubt
mandamus will be a remedy to compel the board to carry into effect the appeal
decision and the former action of the board.
SCHOOL LAWS OF IOWA 131
16. Remanding. If it is shown conclusively that a transcript is ma-
terially defective, that valuable testimony heard upon the trial before the
county superintendent is not included in the transcript, or that testimony
which should not have been omitted was excluded, an appeal case may be
remanded to the county superintendent for another trial.
17. Reversing a reversal — effect. When the decision of the county su-
perintendent on appeal, reversing the order of the board, is reversed by
the superintendent of public instruction on the appeal to him, the effect
of the last decision, which is final, is lo affirm the original order made
by the board, and the result of this is to leave the matter as entirely in the
hands of the board as though no appeal had ever been taken from its action.
Decisions, 48.
18. Affirming a i*eversal — effect. But if the county superintendent reverses
an order of the board and the superintendent of public instruction affirms
the decision of the county superintendent, such decision will prevent the
board from taking any action in the matter until some material change occurs,
rendering such a new action necessary. Decisions, 35, 61.
19. Postage. Payment for postage in advance will be required with the
affidavit. It is impossible to tell what amount of postage will be needed in
each case, and one dollar will be required to cover all needed postage. If the
dollar does not accompany the affidavit, the filing will be delayed until the
amount is received.
2 0. Material change of conditions— different action. A material change
of conditions in a corporation may warrant a board of directors in taking
action different from that ordered by the county superintendent or superin-
tendent of public instruction on appeal. Douhet v. Board of Directors, 111
N. W., 326. See also 70 Iowa, 338. Decisions, 38.
21. AVitnesses — fees. Section 2821 below.
22. Change decision. The state superintendent does not have authority
to change his decision as to the proper location of a schoolhouse site on account
of change of conditions after the rendering of his decision. Doubet v. Board of
Directors, 135-95; 111 N. W., 326.
23. Enforcement of superintendent's decision. The decision of the state
superintendent on an appeal involving the action of a board of directors on a
matter as to which such board has exclusive jurisdiction, may be enforced as
against the board by mandamus. State v. Thomas, 152-500; 132 N. W., 842.
Sec. 2820-dl. Indebtedness authorized in certain districts. Any in-
dependent district containing or contained in any city, town or village,
or any consolidated independent district shall be allowed to become
indebted, for the purpose of building and furnishing a schoolhouse or
houses and procuring a site therefor, or for the purpose of purchasing
land to add to a site already owned, to an amount not to exceed in the
aggregate, including all other indebtedness, five per centum of the
actual value of the taxable property within such independent school
district, such value to be ascertained by the last county tax list pre-
vious to the incurring of such indebtedness, anything contained in
section thirteen hundred and six-b of the supplement to the code,
1907, to the contrary notwithstanding. [35 G. A., ch. 254, § 1- 35 G
A., ch. 10, § 1 ; 34 G. A., ch. 145, § 1 ; 33 G. A., eh. 184, § 1.]
[^Substitute continues to § 2820-d5 inclusive. Editor.]
Sec. 2820-d2. Petition for election. Provided, that before such in-
debtedness can be contracted in excess of one and one-quarter per
centum of the actual value of the taxable property ascertained as pro-
Yes
No
132 SCHOOL LAWS OF IOWA
vided in this act, a petition signed by a number equal to twenty-five
per cent of those voting at the last school election shall be filed with
the president of the board of directors, asking that an election shall
be called, stating the purpose for which the money is to be used, and
that the necessary schoolhouse or houses cannot be built and furnished,
or that sufficient land cannot be purchased to add to a site already
owned, within the limit of one and one-quarter per centum of the
valuation. [35 G. A., ch. 254, § 2; 34 G. A., ch. 145, § 2; 33 G. A., ch.
184, §2.]
See. 2820-d3. Submission of question — notice^ — ballot. The presi-
dent of the board of directors, on receipt of such petition shall, within
ten days, call a meeting of the board who shall call such election, fixing
the time and place thereof, which may be at the time and place of
holding the regular school election. Four weeks' notice of such elec-
tion shall be given by publication once each week, in some newspaper
published in the said town or city, or if none be published therein, in
the next nearest town or city in the county. At such election the
ballot shall be prepared and used in substantially the following form :
Shall the (naming the independent district) issue bonds
in the sum of dollars ($ )
for the purpose of constructing or equipping school-
houses? [33 G. A., ch. 184, § 3.]
Sec. 2820-d4. Bonds. If a majority of all the electors voting at
such election vote in favor of the issuance of such bonds, the board of
directors shall issue the same and make provision for the payment of
the same and the interest thereon as provided in sections twenty-eight
hundred twelve-d, twenty-eight hundred twelve-e, twenty-eight hun-
dred twelve-f and twenty-eight hundred thirteen of the supplement to
the code, 1907. [33 G. A., ch. 184, § 4.]
Sec. 2820-d5. To what applicable. But this act shall in no wise
affect pending litigation nor act or acts of any school board under
the statute or statutes herein repealed; but the transaction, if any,
may be completed with the same force and effect as if the statute
were not repealed. [33 G. A., ch. 184, § 5.]
Sec. 2820-e. Consolidation authorized. That in all cities of the first
class containing a population of fifty thousand or over, according to
any census taken by the authority or under the direction of the state
of Iowa or of the United States, all the territory embraced within the
corporate limits of any such city may be consolidated into and become
one independent school district, known as the independent school dis-
trict of (naming the city), state of Iowa, in the manner following:
[32 G. A., ch. 155, § 1.]
Note: Districts. Several school districts may exist wholly or in part
within a city or town. Independent School Dist. v. Jones, 142-8, 120 N. W. 315.
SCHOOL LAWS OF IOWA 133
Sec. 2820-f. Petition — question submitted — consolidation effected —
board of directors — officers. When a written petition, requesting the
establishment of a consolidated independent district whose territory-
shall be co-extensive with that of such city, signed by one hundred
voters of such city, is filed with the board of the school corporation
therein having the largest number of voters, it shall be the duty of
said board within ten days, to call an election, at which all the voters
residing in the proposed district shall be allowed to vote by ballot
for or against the proposition, "Shall all the territory within the city
of (naming it) be united into one school district?" The board calling
said election shall divide the territory within the proposed district
into such number of precincts as the board shall determine, and the
judges of election shall make and certify a return of the vote to the
secretary of the same board which shall, on the next Monday after
the election, canvass the returns made to the secretary, ascertain the
result of the election, declare the same and cause a record to be made
thereof, and in all other respects, except as inconsistent with the pro-
visions of this act, the election shall be conducted as provided by
law for elections in independent school districts in cities of the first
class. If a majority of the votes cast at such election is favorable
to the proposition, the consolidation and formation of said independent
district shall thereby be effected, and the board of directors, treasurer,
and other officers of the school corporation then holding office in the
district affected by such consolidation having the largest number of
voters, shall become the board of directors, treasurer and other officers
of such consolidated district, and shall continue to hold their respec-
tive offices until the terms for which they were originally elected shall
expire. The terms of office of all directors, treasurers and officers
of boards in all the other districts affected by this act, lying wholly
within such consolidated district and holding office at the time of
such consolidation, shall cease and determine, and in case of dis-
tricts lying partly without such consolidated district, the directors,
officers and treasurers shall continue to have authority only over the
territory lying within their district, and without the consolidated dis-
trict; provided that nothing herein contained shall affect the terms
of employment of superntendents, principals, or teachers for the cur-
rent school year, in which such consolidation may be effected [32 G
A., ch. 155, § 2.]
Note 1. Determining population. In determining the population of the
different districts to be consolidated, the last state census is admissible in evi-
dence, and also the school register prepared under code § 2755. State v Grefe
139-18, 117 N. W. 13. • / .
2. Officers. The provision as to officers of the consolidated district
simply indicates those who are to be temporarily in authority, leaving the
succession to office as regulated by code supp. § 2802. The new board of
directors alone can act in equitably apportioning assets and liabilities. lUd.
Sec. 2820-^. Taxes. All taxes previously certified during that year
shall be void so far as the property within the limits of the consoli-
dated independent district is concerned. And all taxes necessary for
134 SCHOOL LAWS OF IOWA
the new corporation for that year shall be certified and levied as pro-
vided in section twenty-seven hundred ninety-sis of the code. All
property belonging to districts affected by such consolidation shall
become the property of the consolidated district, except that in case
of districts lying partly without such city, the liabilities and assets
of such districts shall be equitably apportioned in accordance with
chapter one hundred thirty-six, section thirteen, acts of the thirty-
first general assembly, but nothing herein contained shall affect the
rights of existing creditors. [32 G. A., ch. 155, § 3.]
Sec. 2820-h. Election expense. The expense of such election shall
be borne by the consolidated district, in case such district shall be
formed, otherwise by the separate districts in proportion to_ the as-
sessed valuation therein within the proposed consolidated district. [32
G. A., ch. 155, § 4.]
Sec. 2821. Witnesses — fees. The county superintendent in all mat-
ters triable before him shall have power to issue subpoenas for wit-
nesses, which may be served by any peace officer, compel the attend-
ance of those thus served, and the giving of evidence by them, in the same
manner and to the same extent as the district court may do, and such
witnesses and officers may be allowed the same compensation as is
paid for like attendance or service in such court, which shall be paid
out of the contingent fund of the proper school corporation, upon the
certificate of the superintendent to and warrant of the secretary upon
the treasurer; but if the superintendent is of the opinion that the
proceedings were instituted without reasonable cause therefor, or if,
in case of an appeal, it shall not be sustained, he shall enter such find-
ings in the record, and tax all costs to the party responsible therefor.
A transcript thereof shall be filed in the office of the clerk of the
district court and a judgment entered thereon by him, which shall be
collected as other judgments. [First appeared in the code of 1897.]
Notes: 1. Costs — includes what. The term costs includes only witness
fees and fees to officers for the service of subpoenas. Fees cannot be allowed
to any witness unless such witness is subpoenaed by the county superintendent.
Decisions, 95.
2. Filing transcript. When an appeal is taken from the decision of the
county superintendent that officer should not file his transcript of costs with
the clerk of courts until the case is finally determined by this department.
Bond for costs cannot be required. Decisions, 85.
3. Stenographer— expense of. The expenses of a stenographer cannot be
taxed as a part of the costs. There is no authority in law to employ a stenog-
rapher and tax the expenses of such stenographer as costs in an appeal case.
Opinion of attorney-general, 1899.
4. Rehearing — costs. Section 2 821 does not provide for the payment of
costs or expenses in case of a rehearing on the question of issuing a certificate.
Sec. 2822. Penalties. Any school officer wilfully violating any pro-
vision of this chapter, or wilfully failing or refusing to perform any
duty imposed by law, shall forfeit and pay into the treasury of the
particular school corporation in which the violation occurs the sum
SCHOOL LAWS OP IOWA 135
of twenty-five dollars, action to recover which shall be brought in the
name of the proper school corporation, and be applied to the use of
the schools therein. [C. '73, 1746, 1786; R., §§ 2047, 2081; C. '51, §
3137.]
Sec. 2823. Provisions apply to all corporations — issuance of bonds.
The provisions of this chapter shall apply alike to all districts, except
when otherwise clearly stated, and the power given to one form of
corporation, or to a board in one known corporation, shall be exercised
by the other in the same manner, as nearly as practicable. But school
boards shall not incur original indebtedness by the issuance of bonds
until authorized by the voters of the school corporation. [First ap-
pears in the code of 1897.]
Note: What included. The chapter referred to in this section includes
everything contained in the school laws from section 2743 to section 2823-t
inclusive.
COMPULSORY ATTENDANCE.
Sec. 2823-a. Duties of parents and guardians — penalty — exceptions.
Any person having control of any child of the age of seven to sixteen
years inclusive, in proper physical and mental condition to attend
school, shall cause such child to attend some public, private, or paro-
chial school, where the common school branches of reading, writing,
spelling, arithmetic, grammar, geography, physiology, and United
States history are taught, or to attend upon equivalent instruction
by a competent teacher elsewhere than school, for at least twenty-four
consecutive school weeks in each school year, commencing with the
first week of school after the first day of September, unless the board
of school directors shall determine upon a later date which date shall
not be later than the first Monday in December; but the board of
school directors in any city of the first or second class may require
attendance for the entire time the schools are in session in any school
year. Provided that this section shall not apply to any child who
lives more than two miles from any school by the nearest traveled
road except in those districts in which the pupils are transported at
public expense, or who is over the age of fourteen and is regularly
employed; or has educational qualifications equal to those^ of pupils
who have completed the eighth grade ; or who is excused for sufficient
reasons by any court of record or judge thereof; or while attending
religious service or receiving religious instructions. Any person who
shall violate the provisions of this section shall be guilty of a mis-
demeanor, and upon conviction thereof shall pay a fine of not less than
three dollars nor more than twenty dollars, for each offense. [35 G.
A., ch. 255, § 1 ; 33 G. A., eh. 187, § 1 ; 33 G. A., ch. 186, § 1 ; 30 G. A.,
ch. 116, § 1 ; 29 G. A., ch. 128, § 1.]
[^"that" in enrolled bill. Editor.]
[For provisions respecting children defective in hearing and sight, see §S
2718-c to 2718-f, inclusive. Editob.]
136 SCHOOL LAWS OF IOWA
Note: Seven to sixteen, inclusive — meaning. The language of the sec-
tion "to sixteen years" cannot be construed to extend beyond the time wlien
the child becomes fourteen years of age. The word "inclusive" following clearly
applies to the time intervening between the ages of seven and fourteen years.
* * * I am therefore of the opinion that the word "inclusive," as used in
the section, does not extend the period during which a child can be compelled
to attend school beyond the time he becomes fourteen years of age. Report of
attorney general, 1904, page 95.
Sec. 2823-b. Reports to secretary. Upon notice from the secretary
of the school corporation within which such school is conducted, it
shall be the duty of each principal of each private or parochial school,
once during each school year, and at any time when requested in
individual cases, and within ten days from the receipt of such notice,
to furnish to such secretary a certificate and report of the names, ages
and attendance of the pupils in attendance at such school during the
preceding year and from the time of the last preceding report to the
time at which a report is required and any person having the control
of any child between seven and fourteen years of age inclusive, who
shall place the same under private instruction, not in a regularly con-
ducted school, upon receiving notice from the secretary of the school
corporation, shall furnish a like certificate stating the name and age
of such child and the period of time during which said child has been
under said private instruction; and any person having the control of
such child who is physically or mentally unable to attend school, pub-
lic or private, shall furnish proofs by affidavit or affidavits as to the
physical or mental condition of such child. All such certificates, re-
ports and proofs shall be filed and preserved in the office of the secre-
tary of the school corporation as a part of the records of his office.
[29 G. A., ch. 128, § 2.]
Sec. 2823-c. Certified copies. It shall be the duty of the secretary
of the school corporation to furnish to any person interested, where so
requested, certified copies of all certificates contemplated by this act,
on file in his office. [29 G. A., ch. 128, § 3.]
Sec. 2823-d. Truant schools. The board of directors of any school
corporation may establish truant schools, or set apart separate rooms
in any public school building, for the instruction of children who are
habitually truant from instruction, as contemplated by this act. Such
directors may provide for the confinement, maintenance, and instruc-
tion of such children in such schools, under such reasonable rules and
regulations as they may prescribe. If any child, committed or sent
to the truant school shall prove insubordinate and escape from such
school during school hours, or absent himself or herself therefrom with-
out the consent of the persons in charge thereof, then it shall be the
duty of the person in charge of said school with the consent of the
parent or guardian to file information before the judge of a court
of record, who may, if the charge be found to be true and the said
child be habitually vagrant, disorderly, or incorrigible commit such
child to one of the industrial schools of the state, under the same
SCHOOL LAWS OF IOWA 137
proceeding as is provided by section twenty-seven hundred eight
(2708) of the code so far as the same may be applicable. [29 G. A.,
ch. 128, §4.]
Sec. 2823-e. Truant ofRcers. The board of directors of each school
corporation may, and in school corporations having a population of
twenty thousand (20,000) or more shall, at their annual meeting in
each year, appoint one or more truant officers, who shall serve for one
year, and who may be a constable or a member of the police force,
whose duty it shall be to report violations of this act to the secretary
of the school corporation, and see to the enforcement of the provisions
of this act. It shall be the duty of said truant officer or officers to
apprehend and take into custody without warrant any child of the age
of seven (7) to fourteen (14) years inclusive, who habitually frequents
or loiters about public places during school hours without lawful oc-
cupation, or cannot produce a certificate as provided in section two
(2) hereof, also any truant child who absents himself or herself from
school, and place him or her in charge of the teacher having charge
of any school, which said child is entitled to attend, and which school
may be designated to said officers by the person having legal control
of such child. Provided, however, in case the school so designated by
the parent or person having the care and control of said child be a
public school it shall be such as directed by the rules and regulations
of the school board and the statutes of the state, and if other than a
public school, the maintenance of said child in such school shall be
without expense to the school corporation or state. Upon failure of
such child to properly attend or when on report of the teacher having
the custody of such child, said child is shown to not properly conduct
itself in the school where placed as herein provided, the child may be
removed therefrom by the board of directors and placed either in a
public school or a truant school conducted in said district. The truant
officer or officers shall be entitled to such compensation for service
rendered under this act, as shall be fixed by the board of directors ap-
pointing him or them, which compensation shall be paid from the con-
tingent fund of said district. In towns and cities of the second class,
the independent school district may employ the marshal or other police
officer of such city or town to act as truant officer, and pay him a
salary in addition to that received from such city or town of not to
exceed five ($5.00) dollars per month. [33 G. A., ch. 188; 30 G. A.,
ch. 116, § 2; 29 G. A., ch. 128, § 5.]
Sec. 2823-f. Enforcement. It shall be the duty of the director or
president of any board of directors, or any truant officers appointed
by such board of directors, to enforce the provisions of this act, to sue
for and recover the penalties herein provided, and to institute criminal
prosecution against any person violating the provisions of this act, and
any such officers neglecting to do so -within thirty (30) days after a
written notice has been served upon him by any citizen of said district
or the county superintendent of the county within which the offending
138 SCHOOL LAWS OF IOWA
person shall reside, shall himself be liable for a fine of not less than ten
($10) dollars nor more than twenty ($20) dollars for each offense. [32"