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General school laws, comprising all the laws in force pertaining to public schools online

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Comprising all the Laws in Force Pertaining
to Public Schools





E. J. TAYLOR, Superintendent

JULY 1, 1915




tltttk, JUo+a., iw^ $ A<Aw, fo-




Comprising all the Laws in Force Peitaining
to Public Schools



E. J. TAYLOR, Superintendent

JULY I, 1915







And is for the use of

of School District No

County of State of North Dakota

School officers on retiring from office are required by law to
deliver this volume, with all other books and documents of an
official character, to their successors in office.



This volume contains all the school laws in force pertaining to the rural,
graded, consolidated and high schools of the state. Hereafter the school laws
will be published in full only once in four years. The next complete edition
will be published in 1919. County Superintendents should furnish copies of
the school laws only to those entitled by law to receive them. School officers
and others should be instructed to preserve their copies carefully and deliver
them to their successors in office.

E. J. Taylor,

Supt. of Public Instruction.
Bismarck, N. D.

April 1st, 1915.




§ 75. The nature of alcoholic drinks and narcotics, and special instruction
as to their effects upon the human system, in connection with the several di-
visions of the subject of physiology and hygiene, shall be included in the branch-
es of study taught in the common or public schools, and in the military and
naval schools, and shall be studied and taught as thoroughly and in the same
manner as other like required branches are in said schools by the use of text
books in the hands of pupils where other branches are thus studied in said schools,
and by all pupils in all said schools throughout the territories in the military
and naval academies of the United States and in the District of Columbia and
in all Indian and colored schools in the territories of the United States.

§ 76. It shall be the duty of the proper officers in control of any school de-
scribed in the foregoing section to enforce the provisions of this act; and any
such officer, school director, committee, superintendent or teacher who shall
refuse or neglect to comply with the requirements of this act or shall neglect
or fail to make proper provisions for the instruction required and in the man-
ner specified by the first section of this act, for all the pupils in each and every
school under his jurisdiction, shall be removed from office and the vacancy
filled as in other cases.

§ 77. No certificate shall be granted to any person to teach in the public
schools of the District of Columbia or territories, after the first day of January,
anno Domini eighteen hundred and eighty-eight, who has not passed a sat-
isfactory examination in physiology and hygiene, with special reference to the
nature and effects of alcoholic drinks and other narcotics upon the human

Act of congress approved May 20, 1886.


§ 88. Sections numbered sixteen and thirty-six in each township of the ter-
ritories of * * * Dakota * * * shall be reserved for the purpose of
being applied to schools in the several territories herein named, and in the states
and territories hereafter to be erected out of the same.

Section 1846 R. S. I". S.. 1874, approved March 2, 1861. (See, also, En-
abling Act, section 10, post.)

(Approved February 22, 1889.)

§ 4. Providing for the constitutional conventions for North Da-
kota, South Dakota, Montana and Washington.) And said convention
shall provide by ordinances irrevocable without the consent of the United States
and the people of said stales:


Fourth. That provision shall be made for the establishment and mainte-
nance of systems of public schools, which shall be open to all children of said
states, and free from sectarian control.

§ 10. That upon the admission of each of said states into the union, sections
numbered sixteen and thirty-six in every township of said proposed states, and
where such sections or any parts thereof have been sold or otherwise disposed
of by or under the authority of any act of congress, other lands equivalent
thereto, in legal sub-divisions of not less than one-quarter section * * *
are hereby granted to said states for the support of common schools.

§ 11. That all lands herein granted for educational purposes shall be dis-
posed of only at public sale; and at a price not less than $10 per acre, the pro-
ceeds to constitute a permanent school fund, the interest of which only shall
be expended in the support of said schools. But said lands may, under such
regulations as the legislature shall prescribe, be leased for periods of not more
than five years, in quantities not exceeding one section to any one person or
company, and such lands shall not be subject to pre-emption, homestead entry,
or any other entry under the land laws of the United States, whether surveyed
or unsurveyed, but shall be reserved for school purposes only.

§ 13. That five per centum of the proceeds of the sales of public lands ly-
ing within said states which shall be sold by the United States subsequent to
the admission of said states into the union, after deducting all expenses incident
to the same, which shall be paid to the said states, to be used as a permanent
fund, the interest of which only shall be expended for the support of common
schools within said states, respectively.

§ 14. That the lands granted to the territories of Dakota and Montana
by the act of February 18, 1881, * * * are hereby vested in the states
of South Dakota, North Dakota and Montana, respectively, * * * to the
extent of the full quantity of seventy-two sections to each of said states, * *
but said act of February 18, 1881, shall be so amended as to provide that
none of said lands shall be sold for less than $10 per acre, and the proceeds shall
constitute a permanent fund to be safely invested and held by said states sev-
erally, and the income thereof be used exclusively for university purposes.
* * * None of the lands granted in this section shall be sold at less than
$10 per acre; but said lands may be leased in the same manner as provided in
section 11 of this act. The schools, colleges and universities provided for in
this act shall forever remain under the exclusive control of the said states, re-
spectively, and no part of the proceeds arising from the sale or disposal of any
lands herein granted for educational purposes shall be used for the support of
any sectarian or denominational school, college, or university. * * *

§ 16. That 90,000 acres of land, to be selected and located as provided in
section 10 of this act, are hereby granted to each of said states, except to the
state of South Dakota, to which 120,000 acres are granted, for the use and sup-
port of agricultural colleges in said states, as provided in the acts of congress
making donations of lands for such purpose.

§ 17. That in lieu of the grant of land for purposes of internal improve-
ment made to new states by the eighth section of the act of September 4, 1841,
which act is hereby repealed as to the states provided for by this act, and in
lieu of any claim or demand by the said states, or either of them, under the act
of September 28, 1850, and section 2479 of the revised statutes, making a grant


of swamp and overflowed lands to certain states, which grant it is hereby de-
clared is not extended to the states provided for in this act, and in lieu of any
grant of saline lands to said states, the following grants of lands are hereby
made, to-wit:

To the State of South Dakota: For the school of mines, 40,000 acres; for
the reform school, 40,000 acres; for the deaf and dumb asylum, 40,000 acres;
for the agricultural college, 40,000 acres; for the university, 40,000 acres; for
the state normal schools, 80,000 acres; for public buildings at the capital of
said state, 50,000 acres, and for such other educational and charitable purposes
as the legislature of said state may determine, 170,000 acres; in all 500,000

To the State of North Dakota a like quantity of land as in this section granted
to the state of South Dakota and to be for like purposes, and in like proportion
as far as practicable.





[Adopted October 1, 1889.]


We the people of North Dakota, grateful to Almighty God for the blessings
of civil and religious liberty, do ordain and establish this Constitution.


The Legislative Department.
J 69. The legislative assembly shall not pass local or special laws in any

of the following enumerated cases, that is to say:


12. Providing for the management of common schools.


§ 82. There shall be chosen by the qualified electors of the state at the time
and places of choosing members of the legislative assembly a ' *

superintendent of public instruction * * * w ho shall have attained the
age of twenty-five years, shall be a citizen of the United States, and shall have
the qualifications of state electors. They shall severally hold their offices at
the seat of government for the term of two years, and until their successors
are elected and duly qualified.

§ 83. The powers and duties of the * * * superintendent of pub-
lic instruction, * * * shall be as prescribed by law.

§ 84. Until otherwise provided by law, the * * superintendent of pub-
lic instruction, * * shall each receive an annual salary of $2,000; * *
but the salary of any of said officers shall not be increased or diminished dur-
ing the period for which they shall have been elected, and all fees and profits
arising from any of the said offices shall be covered into the state treasury.


elective franchise.

§ 121. Amended.] Every male person of the age of twenty-one years
or upwards belonging to either of the following classes, who shall have resided
in the state one year, and in the county six months, and in the precinct ninety
days next preceding any election, shall be deemed a qualified elector at such

First — Citizens of the United States.

Second — Civilized persons of Indian descent who shall have severed their
tribal relations two years next preceding such election.

(See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.)

§ 123. Electors shall in all cases except treason, felony, breach of the peace
or illegal voting, be privileged from arrest on the days of election during their
attendance at, going to and returning from such election, and no elector shall
be obliged to perform military duty on the day of election except in time of
war or public danger.


§ 125. No elector shall he deemed to have lost his residence in this state
hy reason of his absence on business of the United States or of this state, or
in the military or naval service of the United States.

§ 126. No soldier, seaman or marine in the army or navy of the United
States shall be deemed a resident of this state in consequence of his being sta-
tioned therein.

§ 127. Amended.] No person who is under guardianship, non compos
mentis or insane, shall be qualified to vote at any election; nor shall any per-
son convicted of treason or felony, unless restored to civil rights; and the leg-
islature shall by law establish an educational test as a qualification, and may
prescribe penalties for failing, neglecting or refusing to vote at any general

§ 128. Any woman having the qualifications enumerated in section 121 of
this article as to age, residence and citizenship, and including those now qual-
ified by the laws of the territory, may vote for all school officers, and upon all
questions pertaining solely to school matters, and be eligible to any school

§ 129. All elections by the people shall be by secret ballot subject to such
regulations as shall be provided by law.



§ 147. A high degree of intelligence, patriotism, integrity and morality on
the part of every voter in a government by the people being necessary in order
to insure the continuance of that government and the prosperity and happi-
ness of the people, the legislative assembly shall make provision for the estab-
lishment and maintenance of a system of public schools which shall be open to
all children of the State of North Dakota and free from sectarian control. The
legislative requirements shall be irrevocable without the consent of the United
States and the people of North Dakota.

§ 148. The legislative assembly shall provide at its first session after the
adoption of this Constitution for a uniform system of free public schools
throughout the state; beginning with the primary and extending through all
grades up to and including the normal and collegiate course.

§ 149. In all schools instruction shall be given as far as practicable, in
those branches of knowledge that tend to impress upon the mind the vital im-
portance of truthfulness, temperance, purity, public spirit, and respect for hon-
est labor of every kind.

j 150. A superintendent of schools for each county shall l>e elected every
two years, whose qualifications, duties, powers and compensation shall be fixed
by law.

§ L51. The legislative assembly 'shall take such other steps as may !)<• nec-
essary to prevent illiteracy, secure a reasonable flegree of uniformity in course
of study and to promote industrial, scientific ami agricultural improvement.

§ 152. All colleges, universities ami other educational institutions, for the
support of which lands have been granted to iliis stale, or which are supported
by a public lax, shall remain under the absolute and exclusive control of the
.-tale. No money raised for the support of the public schools of tin- state shall
he appropriated to or used for the support of any sectarian school.



§ 1105. Qualifications of, term of office.] There shall be elected by
the qualified electors of the state at the time of choosing members of the legis-
lative assembly, a superintendent of public instruction, who shall have attained
the age of twenty-five years, who shall have the qualifications of an elector
for that office, and be the holder of a teacher's certificate of the highest grade,
issued in this state. He shall hold his office at the seat of government for the
term of two years, commencing on the first Monday in January following his
election, and until his successor is elected and qualified.

§ 1106. To preserve miscellaneous documents.] He shall preserve in
his office all books, maps, charts, works on education, school reports and school
laws of other states and cities, plans for school buildings and other articles of
educational interest and value which may come into his possession as such of-
ficer, and at the expiration of his term he shall deliver them together with the
reports, statements, records and archives of his office to his successor.

§ 1107. Supervision of schools.] He shall have the general supervision
of the public schools of the state and shall be ex-officio a member of the board
of university and school lands and of the normal school board of the state.

§ 1108. To furnish school supplies, blanks, etc.] He shall prepare,
cause to be printed and furnished to the proper officers or persons all district
clerks' record books and warrant books, school treasurers' record books, school
registers, reports, statements, notices and returns needed or required to be
used in the schools or by the school officers of the state. He shall prepare and
furnish to school officers, through the county superintendents, lists of publi-
cations approved by him as suitable for district libraries; such lists shall contain
also the lowest price at which each publication can be purchased and such other
information relative to the purchase of district libraries as he may deem req-

§ 1109. Prescribe course of study.] He shall prepare and prescribe
a course of study for all the common schools of the state.

§ 1110. Advise county superintendents.] He shall counsel with and
advise county superintendents and boards of education in special or independ-
ent school districts upon all matters involving the welfare of schools and he
shall, when requested, give them written answers to all questions concerning
the school law. He shall decide all appeals from the decision of the county
superintendents and may for such decisions require affidavits, or verified state-
ments or sworn testimony as to the facts in issue. He shall prescribe and cause
to be enforced, rules of practice and regulations pertaining to the hearing and
determination of appeals and necessary for carrying into effect the school laws
ot the state.

§ 1111. Conference with county Superintendents.] He shall meet
with any or all of the county superintendents of the state at such time and place
as he shall appoint, giving them due notice of such meeting, and it shall be their
duty to attend such meetings. The object of such meetings shall be to ac-
cumulate valuable facts relative lo schools, to compare views, to discuss prin-
ciples, to hear discussions and suggestions relative to the examinations and
qualifications of teachers, methods of instruction, text books, institutes, vis-
itation of schools and other matters relating to the public schools.


§ 1112. Rules for teachers' institutes.] He shall proscribe rules and
regulations for the holding of teachers' institutes and teachers' training schools,
and after counseling and advising with the county superintendent shall appoint
conductors and assistants therefor. He shall prescribe the course of instruc-
tion for teachers' institutes and for teachers' training schools.

§ 1113. To assist at teachers' institutes.] He shall when practical,
attend and assist at teachers' institutes and aid and encourage generally, teach-
ers in qualifying themselves for the successful discharge of their duties; he
shall labor faithfully in all practicable ways for the welfare of the public schools
of the state, and shall perform such other duties as shall be required of him by

§ 1114. Record of official acts.] He shall keep a complete record of all
his official acts and shall file in his office all appeals and the papers pertaining

§ 1115. Seal.] He shall provide and keep a seal by which all his official
acts may be authenticated.

§ 1116. Biennial report, what to contain.] He shall, on or before the
first day of November preceding the biennial session of the legislative assembly,
make and transmit to the governor a report showing:

1. The number of school districts, schools, teachers employed and pupils
taught therein and the attendance of pupils and studies pursued by them.

2. The financial condition of the schools, their receipts and expenditures,
value of school houses and property, cost of tuition and salary of teachers.

3. The condition, educational and financial, of the normal and higher in-
stitutions connected with the school system of the state and as far as it can be
ascertained, of the private schools, academies and colleges of the state.

4. Such general matters, information and recommendations relating to the
educational interests of the state, as he may deem important.

§ 1117. Reports to be printed.] Three thousand copies of the report
of the superintendent of public instruction shall be printed biennially in the
month of December preceding the session of the legislative assembly. One copy
shall be furnished to each of .the members of the legislative assembly, five to
each state educational institution, one copy to each county superintendent of
the state, one copy to the president of each school board, one copy to each state
officer, one copy to each state and territorial superintendent and twenty copies
shall be filed in the office of the superintendent of public instruction and ten
copies in (he state library. Copies may be distributed among the various
colleges, universities, and libraries of the United States.

§ HIS. School laws to be printed.] He shall in the year 1911, and every
four years thereafter, cause to be printed, the school laws of the slate., with such
notes and decisions thereon as may seem to him advisable, and shall furnish
them through the office of the county superintendent of schools, to the school
officers of the state, and to public libraries within* the state. At the close of
any biennial session of the legislature Ik- shall publish in pamphlet form the
laws pertaining to education enacted at that session and shall distribute them
as provided for the distribution of the school laws.

§ 1119. Publication of proceedings of educational association.] The
slate superintendent of public instruction is hereby authorized and required
to publish annually, as public matter, not to exceed one thousand five hundred


copies of the proceedings of the North Dakota Educational Association, I lie
same to be distributed throughout the state by the department of public in-
struction; provided, that a copy of the proceedings of said association shall be
filed by the secretary or other officer of said association with the superintend-
ent of public instruction, on or before the first day of February of each year.
§ 1120. Salary. Traveling expenses.] He shall receive an annual sal-
ary of three thousand dollars and in addition thereto his actual and necessary
traveling expenses incurred in the discharge of his official duties, not exceed-
ing one thousand two hundred dollars in any one year, such expenses to he paid
monthly on the warrant of the state auditor upon his filing with such auditor
an itemized statement of such expenses properly verified. The state superin-
tendent may appoint a deputy for whose official acts he shall be responsible.
He may also appoint, an assistant whose duty shall be to assist the state super-
intendent in visiting schools, institutes, attending school officers' meetings and
to perform such other duties as the state superintendent may direct. The
state superintendent may also appoint such clerks as shall be necessary in car-
rying on the work of his department.


§ 1121. Election, term of office.] There shall be elected in each or-
ganized county, at the same time other county officers are elected, a county
superintendent of schools, whose term of office shall be two years, commenc-
ing on the first Monday in January following his election, and until his suc-
cessor is elected and qualified.

§ 1122. Qualifications of.] No person shall be deemed qualified for the
office of county superintendent in any county, who is not a graduate of some
reputable normal school or higher institution of learning, or who does not hold
at least a second grade professional certificate, and who has not had at least
two years' successful experience in teaching, one year of which shall have been
in this state.

§ 1123. General dltties.] The county superintendent of schools shall
have the general superintendence of the common schools in his county, except
those in districts which employ a city superintendent of schools.

§ 1124. General duties, visits.] He shall visit each common school at
least once each year and carefully observe the condition of the school, the men-
tal and moral instruction given, the methods of teaching employed by the teach-
er, the teacher's ability, and the progress of the pupils. He shall advise and
direct the teachers in regard to the instruction, classification, government and
discipline of the school and the course of study. He shall keep a record of such
visits and by memoranda indicate his judgment of the teachers' ability to teach
and govern, and the condition and progress of the school, which shall be open
to inspection by any school director.

§ 1125. General duties,* blanks, teachers' meetings.] He shall carry

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Online LibraryNorth DakotaGeneral school laws, comprising all the laws in force pertaining to public schools → online text (page 1 of 20)