Statutes Arkansas. Laws.

Supplement to school law containing general educational acts of Legislature of 1911 online

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DEC 11 1911

GIFT



LIBRARY



UNIVERSITY OF CALIFORNIA.



GIFT OF



Class





SUPPLEMENT



TO



SCHOOL LAW



CONTAINING



GENERAL EDUCATIONAL ACTS

OF LEGISLATURE OF 1911



ISSUED BY THE

DEPARTMENT OP PUBLIC INSTRUCTION



GEO. B. COOK

State Superintendent of Public Instruction



ft Z/



ACT 115.

AN ACT to amend Section 7681 of Kirby's Digest:

SECTIONS

1. Amends section 7681 of Kirby's Digest.

2. Takes effect on its passage.

Be It Enacted by the General Assembly of the State of
Arkansas:

Be It Enacted by the People of the State of Arkansas:

SECTION 1. That section 7681 of Kirby's Digest
be and the same is hereby amended so as to read as
follows: "The board of directors shall organize by
choosing from their own number a president, who shall
hold his office until the last Saturday in May, and
the said board shall at the same time choose a secretary
who may also be clerk of the board, and said secre-
tary may be chosen from persons other than members
of the board, and he shall hold his office until the last
Saturday in May, and annually on that day the said
board shall meet and elect a president and secretary
in the same manner as provided above.

SECTION 2. All laws and parts of laws in con-
flict with this Act are hereby repealed, and this Act
shall take effect and be in force from and after its pas-
sage.

Approved March 24, 1911.

226136



ACT 116.

AN ACT to provide for the consolidation of adjacent
school districts and prescribing the powers and
duties of such consolidated districts.

SECTIONS

1. Consolidation of school districts.

2. Election for consolidation.

3. Manner of holding elections.

4. County court to declare result of election.

5. Election of directors.

6. Powers and duty of board.

7. Directors to buy building sites, furniture, etc.

8. Titles to real estate vested in consolidated district.

9. Consolidated district vested with corporate powers.

10. Board of directors to pay all debts.

11. Penalty for failure to perform duty by directors.

12. Sections 7693 and 7694 of Kirby's Digest to apply.

13. To borrow money

14. Disposition of funds.

15. Transportation of pupils.

16. Certain laws to apply.

Be It Enacted by the People of the State of Arkansas:

SECTION 1. Any two or more school districts in
this State may be organized into and established as a
single consolidated school district in the manner and
with the powers hereinafter specified.

SECTION 2. The board of directors of each school
district proposing to enter into the consolidation may,
and, upon the written petition of ten per cent of the
electors of the district shall, at any annual election or
at a special election to be held for that purpose, which

4



special election shall be held not less than thirty nor
more than sixty days from the date of the presentation
of the petition, submit the question of consolidation to
the electors of the district.

SECTION 3. The board of directors of the district
shall give notice that the question of consolidation is to
be voted on by posting notices in at least five public
places in the school district, and by posting a notice at
the school house of the district, at least five days before
the day of election. If -a special election is held it shall
be held by the officers and in the manner provided in
Section 7591 of Kirby's Digest. The ballots shall have
written or printed on them, "For Consolidated School
District" and " Against Consolidated School District."
The returns of said election shall be made to the clerk
of the county court.

SECTION 4. If a majority of the qualified voters of
each school district proposing to enter into the consoli-
dation shall vote "For Consolidated School District,"
it shall be the duty of the county court on the first day
on which the court may be in session after the returns
of the election have been filed with the county clerk, to
make an order dissolving said school districts and creat-
ing out of the same territory a new district to be desig-
nated "Consolidated School District No. ." Said
order shall designate the place of holding the annual and
special elections of the consolidated district, which shall
be held at the time and in the manner now provided
by law.

SECTION 5. Between the date of the consolidation
and the first annual election the said consolidated school
district shall be governed by a board of directors com-
posed of all the directors of the several school districts

5



entering into the consolidation, but after the first annual
election the consolidated school district shall be governed
by a board of six directors to be elected in the manner
provided in Section 7591 of Kirby's Digest by the quali-
fied voters of the consolidated district. At the first-
annual election after the consolidation the six candidates
receiving the highest number of votes shall serve, two
for three years, two for two years, and two for one
year, and they shall determine by lot which shall
serve for these respective periods. At each succeeding
annual election two directors shall be elected to serve
for a term of three years and until their successors
are elected and qualified. Vacancies in the board
shall be filled as provided in Section 7682 of Kirby's
Digest.

SECTION 6. Said board of directors shall organize
as provided in Section 7681 of Kirby's Digest, and shall
hold regular meetings, and have the powers and dis-
charge the duties prescribed in Section 7683 of Kirby's
Digest.

SECTION 7. Said board of directors shall have the
power to purchase or lease school house sites; to build,
purchase or lease school houses, and keep them in repair;
to purchase or acquire the use of the necessary desks,
seats, furniture, fixtures, apparatus, books, stationery
and school equipment ; to provide water, light and heat
for school buildings, fence school grounds, erect out-
houses, and make any and all improvements necessary
or proper for the health,comfort or convenience of pupils;
to provide records, blank books and stationery for the
board of directors, and registry blanks and stationery
for teachers; to procure insurance on any property be-
longing to the district; to hire the necessary teachers,
officers and employees; to provide ample facilities and

6



establish and maintain a sufficient number of grades in
one consolidated school to accommodate all the pupils in
the consolidated district, if practicable; and, if not, to
provide, equip and maintain other schools in the district;
to determine the branches to be taught and the text-
books to be used, in accordance with the laws governing
special school districts; to admit pupils from other
school districts, upon such terms as may be agreed upon
with their parents or guardians, or with the district
from which they come; to procure for pupils living in
the district the privilege of attending school in other
districts upon terms to be agreed upon with such dis-
tricts, and to pay the charges therefor; to examine, from
time to time, the books and accounts of the county treas-
urer, so far as they relate to the several funds belonging
to the district; and to appoint a committee of three to
serve during the pleasure of the board of directors,
whose duty it shall be to visit the school or schools of
the district. The board of directors shall also have
power, when in the judgment of a majority of said board
the interests of the district demand it, to sell, exchange
or lease any property, real or personal, belonging to the
consolidated district, or which belongs to any district
merged into the consolidated district, and a deed or bill
of sale executed by the president of said board of
directors pursuant to a resolution of the board shall
pass all the right, title and interest of the district to
the purchaser or buyer.

SECTION 8. The title to all the real estate and other
property belonging to the several school districts enter-
ing into the consolidated school district shall vest abso-
lutely in the consolidated school district.

SECTION 9. Each consolidated school district
formed under this Act shall be a body corporate, and

7



by its corporate name may sue and be sued, contract
and be contracted with, purchase, acquire, lease, hold,
sell and exchange property, and receive grants, gifts
and bequests, and shall generally possess and enjoy all
the corporate powers usually possessed by bodies corpo-
rate of like character.

SECTION 10. The board of directors of a consoli-
dated school district shall pay and discharge all the
debts and liabilities lawfully incurred by the several
districts entering into the consolidated school district.

SECTION 11. Any person elected a director of a
consolidated school district who shall fail to perform the
duties of such director, shall suffer the penalty named in
Section 7691 and Section 7692 of Kirby's Digest.

SECTION 12. Section 7693 and 7694 of Kirby's
Digest shall apply to consolidated school districts
formed under this Act.

SECTION 13. Consolidated school districts shall
have the power to borrow money for the purposes and
in the manner provided in Sections 7696, 7697 and 7698
of Kirby's Digest, In addition to such power, the board
of directors shall have the power to borrow money for
building purposes, if authorized by a vote of a majority
of the electors of the district at any annual election.
Such vote may be "For Building Fund" or "Against
Building Fund," and shall state the amount of the build-
ing fund tax which the voter desires levied. If a
building fund is voted, the amount of such tax shall be
determined by taking the largest amount or rate of
taxation voted for by a majority of the voters and if
no rate shall have received such majority, then all
the votes cast for the highest rate shall be counted

8



for the next highest and so on, till some rate voted
for shall receive a majority of all the votes cast. If
a majority of the votes cast are "For Building Fund"
it shall be equivalent to voting a building tax of
the amount or rate as determined by this section
for each succeeding year until the money borrowed
by the board of directors, pursuant to such vote,
together with all interest thereon, shall have been
fully paid. When a building fund has been specially
voted for, as provided in this section, the board of
directors may borrow money, and mortgage the real
property of the district as security therefor, under such
conditions and regulations as to amount, time and man-
ner of payment as the board of directors shall determine,
and may, from time to time, renew or extend any evi-
dence of indebtedness or mortgage issued or executed
hereunder. All moneys borrowed under this provision
shall be placed in the county treasury to the credit of
the building fund of the district, and the board of direct-
ors shall issue to the person, firm or corporation advanc-
ing or lending such money a certificate, signed by the
president and secretary of said board, in the following
form:

This is to certify that at the annual election held
on the day of .......... 19 . . . . , in Consoli-
dated School District No County,

Arkansas, a majority of the electors of said district cast
their votes "For Building Fund," and fixed the amount
or rate at mills; and that pursuant to the provi-
sions of an Act approved on the day of ,

19 , the board of directors of said consolidated

school district have borrowed from the sum

of $ , for a period of years, which

amount, with interest at the rate of per cent per



annum from this date until paid, is to be paid from funds

arising from a tax of mills to be levied annually

upon the property in said district.

Witness our hands, as directors of said consolidated

school district, on this the day of

19.,



The said certificate shall be executed in triplicate
and signed by a majority of the board of directors.
One copy shall be retained by the board, another shall
be delivered to the lender, and the third shall be filed by
the board of directors with the clerk of the county court.
Upon the filing of said certificate, it shall be the duty of
the county court to levy each succeeding year a building
tax, of the amount or rate voted for, against the prop-
erty in said district, until the amount thus borrowed,
with the interest due thereon, has been fully paid. It
shall be the duty of the county treasurer to pay to the
holder of said certificate, upon demand, any funds to
the credit of the building fund of said district, applying
the same first to the payment of the interest due.

Provided, That whether the vote be "For Building
Fund" or " Against Building Fund," this shall not
prevent the electors from voting for a building tax as
now provided by law.

Provided, further, That the county treasurer" shall
receive no commission on the building funds of consol-
idated school districts handled by him.

10



SECTION 14. All funds to the credit of the several
school districts dissolved and consolidated under this
Act shall be transferred to the credit of the consolidated
school district, and a 11 outstanding debts of the dissolved
school districts shal 1 be charged to and paid by the
consolidated school district.

SECTION 15. The board of directors shall have
power to provide such transportation for the pupils of
the districts as the board may deem advisable, and may
purchase, rent or hire -conveyances for this purpose;
or the board of directors may enter into contracts with
others for transportation service, requiring proper bonds
for the faithful performance of the terms of said con-
tracts. Such transportation shall be comfortable and
safe, and shall be governed by such rules and regulations
as the board of directors may prescribe. The cost of
transportation shall be paid out of the school funds to
the credit of the consolidated school district.

SECTION 16. The provisions of the general school
laws of the State and the provisions of the special act
for the regulation of schools in cities and towns which
are now or may hereafter be in force, so far as applicable
and not inconsistent with or repugnant to this Act,
shall apply to consolidated school districts created
under this Act, but those provisions which are incon-
sistent with or repugnant to the provisions of this Act
shall not apply to consolidated school districts ; and this
Act shall take effect and be in force from and after its
passage.

Approved March 24, 1911.



ii



ACT 169.

AN ACT to provide for the manner of holding
elections in special or single school districts in
any county in the State of Arkansas other
than incorporated towns and cities, and for
other purposes.

SECTION

1. Annual school election required.

2. Manner of holding election.

3. Time of election.

4. Returns.

5. Certificates of election.

6. Property ownership vested in district.

7. Rural special school districts; corporations.

8. Same; authorized to borrow money.

9. General laws not inconsistent apply.

Be It Enacted by 'the People of the State of Arkansas:

SECTION 1. That on the third Saturday in May
of each year after any special or single school dis-
trict shall have been organized, according to the pro-
visions of Act No. 321, of the General Assembly of the
year 1909, approved May 31, 1909, and annually
thereafter, an election shall be held at a school
house or other convenient place in said school
district to be selected by the board of directors of
said district and designated and advertised by them
in their notice of the annual school election required
by this Act. Said election shall be for the purpose
of electing two directors who shall serve for three
years or until their successors are elected and quali-
fied. The ballot of the voter, in addition to the name

12



of the persons voted for as directors, shall have written
or printed on it the words, "For Tax" and "Against
Tax," and the rate, if any, the voter desires levied.

SECTION 2. When any special or single school
district has been organized as provided by Act No.
321, of the General Assembly of 1909, the board of
directors shall give notice of each annual election at
least fifteen days previous to such election by post-
ing notices in at least five public places in said dis-
trict. The annual district election shall be held by
three members of the board of directors as judges
and two members as clerks, to be selected for such
purpose by the president of said board; provided, if
any of the directors, so selected to hold said election,
shall fail to attend, the assembled voters may choose
judges and the judges may choose clerks in the place
of those not attending and the judges and clerks shall
take the oath prescribed for judges and clerks by
the general election law.

SECTION 3. The judges shall cause the polls to
be opened at nine o'clock and closed at sunset.

SECTION 4. The returns of said election shall
be made to the county clerk, who shall declare the
result of the votes for and against tax and certify
the same to the county court on the first day of
the term fixed by law for levying county taxes, and
the rate of taxes so certified shall be levied by the
court as other school taxes.

SECTION 5. The judges of said school election
shall within five days thereafter give to each of the
two persons securing the highest vote for director a
certificate of election, and each of said persons shall,

13



within ten days after receiving said certificate, take
the oath of office prescribed by law for directors, and
file the same, together with his certificate of election,
with the county clerk of his county and enter at
once upon the duties of his office.

SECTION 6. The title to all real estate and other
property for school purposes to any such special or
single school district shall vest, and hereby is vested
in said school district, and shall be under the manage-
ment and control of the .board of school directors
of said district as fully and completely as other
school property belonging to said district.

SECTION 7. All school districts formed under
the provisions of Act No. 321, of the General Assem-
bly of 1909, and governed by the provisions thereof
and the provisions of this Act, shall be known and

designated as Rural Special School District No ,

in the order of the formation thereof which said num-
ber shall be designated by the county court in its
order for an election as provided in said Act of 1909,
looking to the formation of such district; provided
such districts as have heretofore been formed under
said act shall retain and be known and designated
by any name or number which such district may
have assumed; and by such name such district may
sue and be sued, contract and be contracted with;
purchase, acquire, hold and sell property, receive
gifts, grants and bequests, and generally shall possess
and enjoy all the corporate powers usually possessed
by bodies corporate of like character. The style of
the board of directors for such school districts shall
be, ' 'Board of School Directors."

14



SECTION 8. Rural special school districts shall
have the power to borrow money for the purposes
and in the manner provided in sections 7696, 7697
and 7698, of Kirby's Digest. In addition to such
power, the board of directors shall have the power
to borrow money for building purposes if authorized
by a vote of a majority of the electors of the district
at any annual election. Such vote may be "For
Building Fund," or "Against Building Fund," and
shall state the amount of the Building Fund Tax which
the voter desires levied. If a building Fund is voted,
the amount of such tax shall be determined by taking
the largest amount or rate of taxation voted for by
a majority of the voters, and if no rate shall have
received such majority, then all the votes cast for
the highest rate shall be counted for the next highest
and so on till some rate voted for shall receive a
majority of all the votes cast. If a majority of the
votes cast are "For Building Fund," it shall be equiva-
lent to voting a building tax of the amount or rate
as determined by this section for each succeeding
year until the money borrowed by the board of direct-
ors, pursuant to such vote, together with all the
interest thereon shall have been fully paid. When
a building fund has been specially voted for, as pro-
vided in this section, the board of directors may bor-
row money, and mortgage the real property of the
district as security therefor, under such conditions
and regulations as to amount, time and manner of
payment as the board of directors shall determine,
and may, from time to time, renew or extend any
evidence of indebtedness or mortgage issued or exe-
cuted hereunder. All moneys borrowed under this
provision shall be placed in the county treasury to
the credit of the building fund of the district, and



the board of directors shall issue to the person, firm
or corporation advancing or lending such money, a
certificate, signed by the president and secretary of
said board, in the following form:

This is to Certify that at the annual election,

held on the day of . 19 . . . , in

Rural Special School District No ,

County, Arkansas, a majority of the electors of said
district cast their votes "For Building Fund," and

fixed the amount or rate at mills; and that

pursuant to the provisions of an Act approved on

the day of , 19 . . , the

board of directors of said Rural Special School Dis-
trict have borrowed from the sum of

$ , for a period of years,

which amount with interest at the rate of

per cent per annum from this date until paid, is to

be paid from funds arising from a tax of

mills to be levied annually upon the property in said
district.

Witness our hands as directors of said Rural

Special School District, on this the day of

.19..



The said certificate shall be executed in tripli-
cate and signed by a majority of the board of direct-
ors. One copy shall be retained by the board, another

16



shall be delivered to the lender, and the third shall
be filed by the board of directors with the clerk of
the county court. Upon the filing of said certifi-
cate, it shall be the duty of the county court to levy
each succeeding year a building tax of the amount
or rate voted for, against the property in said dis-
trict, until the amount thus borrowed, with the interest
due thereon, has been fully paid. It shall be the
duty of the county treasurer to pay to the holder
of said certificate ijpon demand, any funds to the
credit of the building funds of said district, apply-
ing the same first to the payment of the interest due.

Provided, that, whether the vote be "For Build-
ing Fund," or "Against Building Fund," this shall
not prevent the electors from voting for a building
tax, as now provided by law.

Provided, further, that the County Treasurer
shall receive no commission on the building funds
of rural special school districts handled by him.

SECTION 9. All general laws of this State relat-
ing in any wise to special or single school districts
in incorporated towns and cities and not inconsistent
with this Act nor Act 321 of the General Assembly
of 1909, shall apply with the same force and effect to
rural special or single school districts as mentioned
in this Act, as to special or single school districts
in incorporated cities and towns.

Approved April 7, 1911.



ACT 206.
AN ACT to Amend Section 7615 of Kirby's Digest.

SECTION

1. Amendment of 7615 of Kirby's Digest, stated.

2. Laws in conflict repealed. Act in effect from passage.

Be It Enacted by the General Assembly of the State of
Arkansas:

Be It Enacted by the People of the Slate of Arkansas:

SECTION 1. That section 7615, of Kirby's Digest
be amended so as to read as follows:

Section 7615. They shall hire for and in the name
of the district only such teachers as have been licensed
according to law, and employ no person to teach in any
common school of their district unless such person
shall hold, at the time of commencing his school, a
certificate and license to teach, granted by the county
examiner or state superintendent; and they shall make
with such teacher a written contract in triplet form,
specifying the time for which the teacher is to be em-
ployed, the wages to be paid per month, and any other
agreement entered into by the contracting parties,
and shall furnish the teachers with a duplicate of such
contract, keep the original and immediately file an exact
copy of such contract in the office of the county treas-
urer of the county in which the contract is to be enforced ;


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Online LibraryStatutes Arkansas. LawsSupplement to school law containing general educational acts of Legislature of 1911 → online text (page 1 of 4)