Sec. 2634-b2. Private and denominational schools. Private and de-
nominational schools are eligible to the provisions of this act, except as to
receiving state aid. [34 G. A., ch. 131, § 3.]
Sec. 2634-b3. State aid — reports — limitations. That section four 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assembly be and the same is hereby repealed and the following enacted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 :
Each high school approved under the provisions of this act shall re-
ceive state aid to the amount of seven hundred fifty dollars per annum,
payable in two equal installments at the close of each semester as here-
inafter provided. The superintendent of each approved training school
shall at the close of each semester file such report with the superin-
tendent of public instruction as said officer may require. Upon receipt
of a satisfactory report, the superintendent of public instruction shall
issue a requisition upon the auditor of state for the amount due the
school corporation of said high school for said semester, whereupon the
auditor of state shall draw a warrant on the state treasury payable to
said school corporation for the amount of said requisition and forward
14 SCHOOL LAWS OP IOWA
the same to the secretary of said school corporation. No high schools
shall be approved as entitled to state aid unless a class of ten or more
shall have been organized, maintained and instructed during the pre-
ceding semester in accordance with the provisions of this act and the
regulations of the superintendent of public instruction. [35 G. A., ch.
242, § 2; 34 G. A., ch. 131, § 4.]
Sec. 2634-b4. Inspector — salary — expenses. The appropriation pro-
vided by this act for instruction of pupils in high schools in the science
and practice of rural school teaching and the teaching of elementary
agriculture and home economics, may be expended in part for inspec-
tion and supervision of such instruction by the superintendent of public
instruction and by such person as he may designate, and the expense
of such inspection and supervision shall be paid out of said appropria-
tion on vouchers certified by the superintendent of public instruction.
In accordance with the foregoing provisions of this section, the superin-
tendent of public instruction is authorized to appoint an inspector of
normal training in high schools and private and denominational schools
at a salary of not to exceed two thousand dollars per year and necessary
traveling expenses while in the discharge of his duties. [34 G. A., ch.
131, § 5.]
Sec. 2634-b5. Admission — course of instruction — rules — require-
ments for graduation. The superintendent of public instruction shall
prescribe the conditions of admission to the normal training classes, the
course of instruction, the rules and regulations under which such instruc-
tion shall be given and the requirements for graduation subject to the
provisions of this act. [34 G. A., ch. 131, § 6.]
Sec. 2634-b6. Examination for graduation — failure in certain
branches — fee. That the law as the same appears in section twenty-
six hundred thirty-four-b six, supplement to the code, 1913, be and the
same is hereby repealed and the following enacted in lieu thereof :
"On the third Friday in January and the Wednesday and Thursday
immediately preceding and on the third Friday in May and the Wednes-
day and Thursday immediately preceding, each year, in each high
school approved under this act, an examination for graduation from
the normal course shall be conducted under such rules as the state board
of examiners shall prescribe, but the county superintendent of the
county in which an approved high school may be located shall be desig-
nated as the conductor of said examination. Candidates for a certificate
of graduation from the normal course failing in the examination in one
or more sub.jects, may be permitted to enter the above examinations or
the regular July teachers' examination under such regulations as the
superintendent of public instruction shall prescribe.
Each applicant for a certificate of graduation from the normal course
in a county shall pay a fee of one dollar which shall entitle him to one
SCHOOL LAWS OF IOWA 15
examination in each subject required, provided however that applicants
rewriting the examination in one or more subjects at the July teachers'
examination as herein provided shall pay an additional fee of one dollar.
One-half of the fees from the normal training examinations shall be paid
into the state treasury on or before the first day of the succeeding
month, and the remaining one-half shall be paid into the county insti-
tute fund of the county wherein the examination is held." [36 G. A.,
(S. F. 465, § 1.) ; 34 G. A., ch. 131, § 7.]
Sec. 2634-b7. Certificate — license to teach — renewal. A certificate
of graduation from the normal training course provided for in this act
shall be issued by the superintendent of public instruction, and shall be a
valid license to teach in any public school in the state for a term of two
years, subject to registration as provided for other teachers' certificates.
At the expiration of said certificate the superintendent of public instruc-
tion is authorizd to renew it for a period of three years under the same
conditions that apply to the renewal of the first grade uniform county
certificates. [35 G. A., ch. 242, § 4; 34 G. A., ch. 131, § 8.]
Sec. 2634-b8. Appropriation. That section nine of chapter one hun-
dred 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 carrying out the provisions of this act, there is
hereby appropriated out of any moneys in the state treasury, not other-
wise appropriated, the sum of one hundred thousand dollars, available
for the period ending June thirtieth^ nineteen hundred fourteen, and
the sum of one hundred twenty-five thousand dollars annually there-
after. [35 G. A., ch. 242, § 3 ; 34 G. A., ch. 131, § 9.]
Sec. 2634-e. Record of students — sworn statement. At the close of
each school year, the principal or superintendent of each accredited
school shall file with the board of examiners a sworn statement, showing
the name, age, post-office address, studies and attendance of each of the
students in his school taking the prescribed teachers' course. [29 G.
A., ch. 115, § 4.]
CERTIFICATION.
Sec. 2634-f. Graduates from accredited colleges. That the state
educational board of examiners may accept graduation from the regular
and collegiate courses in the state university, state teachers college,
state normal schools, and the state college of agriculture and mechanic
arts, and from other institutions of higher learning in the state having
regular and collegiate courses of equal rank, as evidence that a teacher
possesses the scholarship and professional fitness for a state certificate.
[35 G. A., ch. 226, § 1 ; 32 G. A., ch. 148, § 1.]
Sec. 2634-fl. Graduates of accredited colleges — other states — same
recognition. Graduates of colleges and schools located in other states
than loAva, having regular and collegiate courses of equal rank with the
accredited colleges and schools of Iowa, may be given the same recogni-
16 SCHOOL LAWS OF IOWA
tion as provided in section one of this act, provided they file with the
board of educational examiners evidence of at least two years' successful
experience as a teacher, principal or superintendent of schools. [35 G.
A., ch. 226, § 2.]
Sec. 2634-g. State certificates granted. That in all cases where such
graduation shows the extent and quality of scholarship that is required
by section twenty-six hundred twenty-nine of the supplement to the
code, [1902] and when the teacher possesses a good moral character and
satisfies the board of being professionally qualified, there shall be granted
by the said board of examiners a state certificate valid for five years to
teach in any public school in the state. [32 G. A., ch. 148, § 2.]
Sec. 2634-h. Renewal. All certificates referred to in section twenty-
six hundred twenty-nine (2629), twenty-six hundred thirty-b (2630-b),
twenty-six hundred thirty-c (2630-c), twenty-six hundred thirty -four-d
(2634-d), twenty-six hundred thirty-four-f (2634-f), and twenty-six
hundred thirty-four-g (2634-g), of the supplement to the code, 1907,
shall be renewed for life by the state board of educational examiners
upon the payment of a fee of five dollars ($5.00) and proof of at least
five years' successful teaching, three of which shall have been during
the time the said certificate (with renewals) has been in force. [34 G.
A., ch. 130, § 3; 32 G. A., ch. 148, § 3.]
Sec. 2634-hl. Conditions for renewal under certain sections — fee.
All certificates referred to in sections twenty-seven hundred thirty-four-d
and twenty-seven hundred thirty-four-e of the supplement to the code,
1907, in section twenty-seven hundred thirty-four-g of the supplement
to the code, 1907, as amended by chapter one hundred eighty-one of the
acts of the thirty-third general assembly and by section five of this act,
and in section six of this act, shall be renewed for life by the state board
of educational examiners upon compliance by the holder with the fol-
lowing conditions:
1. The applicant shall show by testimonials from county or city
superintendents or from the principals having immediate supervision of
his school work and from a member of the local school board that he has
had at least five years' continuous successful teaching experience (which
may have been before or after the passage of this act), at least three of
which shall have been immediately prior to the time validation is sought
and under the grade of certificate for which such validation is desired;
2. The standing of such applicant in the several branches shown upon
his certificate shall average not less than eighty-five per cent, and in no
branch shall the per cent, be less than eighty per cent., provided that in
case the standing is less than the per cent, required, either average or
special, the holder of the certificate may, at any of the times provided in
section twenty-seven hundred thirty-four-c of the supplement to the code,
1907, take an examination in any branch or branches he may desire and
the per cent, then received shall be entered upon his certificate ;
SCHOOL LAWS OF IOWA 17
3. The applicant shall furnish proof of professional study during
the entire five-year period such as is made necessary in the case of term
renewals of certificates.
Upon the issue of a life certificate as herein contemplated, the appli-
cant shall pay a fee of five dollars to be turned into the state treasury.
[34 G. A., ch. 130, § 7.]
Sec. 2634-h2. Lapse of certificate. All life certificates provided for
in this act shall lapse provided the holder shall not teach during a period
of five successive years. [34 G. A., ch. 130, § 10.]
Sec. 2634-h3. Acts in conflict repealed. All acts and parts of acts
inconsistent with the provisions hereof are hereby repealed. [34 G. A.,
ch. 130, § 13.]
FREE TUITION.
Sec. 2733-al. Attendance at schools outside home district — tuition.
Any person of school age who is a resident of a school corporation which
does not offer a four-year high school course and who has completed the
course as approved by the department of public instruction for such cor-
poration shall be permitted to attend any public high school or county
high school in the state approved in like manner, that will receive him.
Any person applying for admission to any high school under the pro-
visions of this act shall present the officials of said high school the affi-
davit of his or her father, mother or guardian that svich applicant is of
school age and a resident of a school district of this state, specifying
the district. He shall also present a certificate signed by the county
superintendent showing proficiency in the common school branches, read-
ing, orthography, arithmetic, physiology, grammar, civics of low^a, geo-
graphy, United States history, penmanship and music. The school cor-
poration in which such student resides shall pay to the secretary of the
corporation in which such student shall be permitted to enter a tuition
fee equal to the average cost of tuition and the average proportion
"of contingent expenses in the high school department in the latter cor-
poration during the time he so attends, not exceeding, however, a total
period of four school years; such payment to be made out of the teach-
ers' fund and the contingent fund or out of the general fund of the
debtor corporation and such tuition fees as collected by the secretary
shall be turned over by him with an itemized statement, to the treasurer
of the school funds on or before February fifteenth and June fifteenth
of each year, provided the maximum fee collected from any district for
each pupil shall not exceed the sum of three and one-half dollars per
month except in high schools where free textbooks are provided by the
district such additional amount may be charged as will cover the cost of
the textbooks furnished to such pupil. If payment is refused or neglected
the board of the creditor corporation shall file with the auditor of the
county of the pupil's residence a statement certified by its president
18 SCHOOL LAWS OF IOWA
specifying the amount due for tuition and for contingent expenses re-
spectively, and the time for which the same is claimed; and the auditor
shall transmit to the county treasurer an order directing such treas-
urer to transfer the amount of such account from the debtor corpora-
tion to the creditor corporation, and the treasurer shall pay the same
in accordance therewith. No school corporation situated in a county
maintaining a county high school shall be required to pay the tuition
of pupils at any high school other than such county high school, but
this shall not apply to pupils who, while residing at home, attend some
high school other than that of the school corporation in which they
reside ; and the tuition to be paid by school corporations in such county
shall be three and one-half dollars per pupil per month, provided that,
in counties having a county high school where a child resides at home
and attends a high school outside the district of his residence other
than the county high school, and the school corporation where the child
resides pays the tuition for such child, and at the end of the school
year it is found that less pupils have attended the county high school
from the district where such child resides than was entitled to attend
under the county high school apportionment, then and in that case the
school corporation where such child resides shall be entitled to be re-
imbursed from the county high school funds for the tuition so paid,
not exceeding in the aggregate an amount equal to the taxes contributed
by such district to safid county high school funds for the tax year pre-
ceding, fair and equitable credit being given to the county high school
fund for pupils actually attending said county high school during said
school year from the district where said child resides. The county
superintendent shall, on being applied to for such purpose, determine
in writing the amount due such corporation from the county high school
fund, and furnish such corporation with a copy of such finding. "Within
twenty days thereafter such corporation may appeal to the district court
from such finding by serving written notice on the county superintendent
of the taking of such appeal. On the service of said notice the county
superintendent shall file a copy of his finding in the office of the clerk
of the district court and the clerk shall docket the cause without fee.
The matter shall be tried on appeal as in equity and without formal
pleading. The decision of the district court shall be final. The treas-
urer shall, upon the filing with him of any final decision, immediately
transfer from the county high school funds to the credit of the corpor-
ation entitled to the same the amount directed to be transferred. [36
G. A., H. F. 587, ^2; 35 G. A., ch. 239, §1; 35 G. A., ch. 240,
§ 1; 34 G. A., ch. 146, §§ 1-4.]
Notes: 1. Constitutionality. The statutes fixing a minimum wage for
school teachers and providing a punishment for the employment of a
teacher at a less rate are not violative of the constitutional provisions guar-
anteeine equal rights and forbidding special privileges or immunities. 165
Iowa, 697.
2. Hiring Teachers. The hiring of a school teacher at less than the
minimum wage, and in violation of the statute prohibiting the acts and
SCHOOL LAWS OP IOWA 19
prescribing simply a fine as punishment for its violation, is a crime triable
as a misdemeanor, although the statute itself does not declare that its
violation shall be a crime. 165 Iowa, 697.
3. County High School. A school corporation of a county maintaining a
county high school, under Ch. 12, Title 13, of the Code, with a four-year
course, being as a matter of law a part of the county high-school scheme,
is "offering a four-year high school course" within the meaning of this sec-
tion, and is not liable for the tuition of pupils residing therein while attend-
ing high school outside of their district and not in the county high school.
The parents of such children are liable to the school corporation, where
such children attended, for the tuition of such children. Ind. Sch. Dist. of
Stuart V. Carter, 150 N. W., 445.
4. Recovery of Tuition. Where one school district paid tuition to an
other district in the mutual belief that the pupil for whom it was paid re-
sided in the former district it is recoverable on the ground of mutual mis-
take. 162 Iowa, 686.
COUNTY SUPERINTENDENT.
Sec. 2734-a. Repeal. There is hereby repealed sections twenty-six
hundred thirty-two, twenty-seven hundred thirty-four, twenty-seven hun-
dred thirty-five, twenty-seven hundred thirty-six, twenty-seven hundred
thirty- seven of the code, and sections twenty-seven hundred thirty-four,
twenty-seven hundred thirty-six, twenty-seven hundred thirty-seven of
the supplement to the code, [1902] and the followino; enacted in lieu
thereof: [31 G. A., ch. 122, § 1.]
Sec. 2734-b. Qualifications — powers and duties — deputy. That the
law as it appears in section twenty-seven hundred thirty-four-b, sup-
plement to the code, 1907, be and the same is hereby repealed and the
following enacted in lieu thereof:
The county superintendent, who may be of either sex, shall be the
holder of a regular five-year state certificate or a life diploma, and shall
have had at least five years' experience in teaching or superintending,
but this provision as to experience shall not apply until September first,
nineteen hundred eighteen, provided that any county superintendent
of schools now serving shall be deemed eligible to reappointment or re-
election under this act. The county superintendent shall, under the
direction of the superintendent of public instruction, serve as the organ
of communication between the department of public instruction and
the various officers and instructors in his county, and shall transmit or
deliver to them all books, pamphlets, circulars or communications de-
signed for them. He shall visit the different schools in his county at
least once during the school year and also when requested by a majority
of the directors of any school corporation. He shall also, at the request
of the superintendent of public instruction, visit and report upon such
schools as may be designated. He may appoint a deputy, for whose
acts he shall be responsible, and who may act in his stead except in
visiting schools and trying appeals, the salary of such deputy to be
fixed by the representatives in convention assembled. He shall, on the
first Monday of each month, file with the county auditor an itemized
and verified statement of his actual and necessary expenses incurred
20 SCHOOL LAWS OP IOWA
during the previous month in the performance of his official duties
within his county, and such expenses shall be paid by the county board
of supervisors out of the county fund, but the total amount so paid
for any one year for such purposes shall not exceed the sum of two
hundred fifty dollars. [36 G. A, H. F. 6, §§ 1, 2; 35 G. A., ch. 107,
§ 3; 31 G. A., ch. 122, § 2; 27 G. A., ch. 85, § 1; 16 G. A., ch. 136,
§ 2; C. '73, §§ 1765, 1770; R. § 2069.]
Notes: 1. Certificate in force. To be eligible to the office of countj'
superintendent a candidate must have held — and in force — a first or second
grade state certificate, or a life diploma.
2. Personal supervision. Personal supervision by the county superin-
tendent is understood to extend to all schools. Visitation by the county
superintendent of city graded schools is not compulsory. During his visit
to a school the superintendent may hear recitations and give instructions
to pupils, but usually the regular work of the school should proceed under the
immediate direction of the teacher.
3. Visitation. The superintendent in his visits should endeavor to aid,
instruct, and inspire teachers to employ the best methods of teaching, gov-
erning and conducting their schools. He should try to secure the proper
classification of pupils, the right use of the course of study and school
libraries, and due care and protection of school property. He should study
to awaken among parents and children a deeper interest in the public
schools, so as to secure improved attendance, deportment and scholarship,
and induce more frequent visits of parents and school officers. A judicious
visit from the superintendent may often infuse new life into the school.
4. Condition of buildings. The county superintendent should carefully
observe the condition of the schoolhouse and surroundings, note all defects,
and at once notify the director or board of the same.
5. Statement of traveling expense- The itemized statement of traveling
expenses must give the date the expense was incurred, for what, to whom
paid, and the amount paid.
6. Deputy — bond — compensation. A deputy of the county superintend-
ent may receive such a reasonable allowance for his services as the board
thinks best. The deputy must take the same oath as his principal, must
give a bond, and both appointment and bond must be approved by the
board of supervisors before the deputy may enter upon the duties of his
office. Code, section 118 6.
7. Legal adviser. The county attorney is the legal adviser of the dif-
ferent county officers. He should be freely consulted on questions of law
upon which the county superintendent is in doubt. Section 2740. Code,
section 3 02.
Sec. 2734-bl. Term— vacancy. The term of office of the county su-
perintendent of schools shall be for three years and until his successor
is elected and qualified and such term shall begin on the first secular
day of September after his election; and the terms of county super-
intendents now in office are hereby extended until the first day of Sep-
tember, nineteen hundred fifteen, and until their successors are elected
and qualified. Should a vacancy in such office occur, by death, re-
moval, resignation, or otherwise, the county auditor shall at once call
a special meeting for the purpose of filling such vacancy. [35 G. A.,
ch. 107, § 4.]
Sec. 2734-b2. Acts in conflict repealed. All acts or parts of acts in
conflict herewith are, so far as in conflict, hereby repealed. [35 G. A.,
ch. 107, § 5.]
SCHOOL LAWS OF IOWA 21
Sec. 2734-c. Examinations. On the last Friday, and Wednesday
and Thursday preceding, in the months of January, June, July and Oc-
tober, the county superintendent shall meet and, with such assistants
as may be necessary, examine all applicants for a teacher's certificate.
Such examinations shall be held at the county seat, in a suitable room
which shall be provided for that purpose by the board of supervisors;
but the county superintendent may at his discretion cause to be held
at the time of any regular examination an additional examination at
some other place in the county. The questions used in such examina-
tions shall be furnished by the educational board of examiners, who
shall cause the same to be printed, and the examinations shall be con-
ducted strictly under rules prescribed by the board.
On the last Friday of August and the Wednesday and Thursday pre-
ceding, the county superintendent of each county shall conduct an addi-
tional examination to which only such persons as file certificates of