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CHAPTER 149 AN ACT TO AMEND CERTAIN SECTIONS OF CHAPTERS 81 AND 89 OF THE REVISAL OF 1905 OF NORTH CAROLINA, AND CERTAIN CHAPTERS OF THE PUBLIC LAWS OF 1907, 1909, AND 1911 OF NORTH CAROLINA, BEING PARTS OF THE PUBLIC SCHOOL LAW. The General Assembly of North Carolina do enact:
That chapter eighty-nine of The Revisal of one thousand nine hundred and five be and the same is hereby amended as follows: (a) Strike out section four thousand one hundred and sixteen and insert in lieu thereof the following: 4116. Apportionment of school funds; reservation of contingent fundThe county board of education shall, on the first Monday in January and the first Monday in July of each year, apportion the school fund of the county to the various school districts; but it shall, before apportioning the school fund reserve as a contingent fund an amount sufficient to pay the salary of the county superintendent and per diem and expense of the county board of education; and may further reserve as a fund for building and repairing schoolhouses and for equipment, in counties with a total school fund of five thousand dollars or less, not more than twenty per centum thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not more than sixteen per centum thereof; in counties with a total school fund of-over ten thousand dollars and not more than twenty-five thousand dollars, not more than ten per centum thereof; in counties with a total school fund of over twenty-five thousand dollars, not more than seven and a half per centum thereof, to be used as directed in section four thousand one hundred and twenty-four. It shall be the duty of the county board of education to distribute and apportion the school money so as to give to each school in the county for each race the same length of school term, as nearly as may be, each year. In making the apportionment the board shall have proper regard for the grade of work to be done and the qualifications of the teachers required in each school for each race. As soon as the apportionments are made, it shall be the duty of the board to notify the school committeemen and the treasurer of the county school fund of the amount apportioned to each school, designating each school by number, and stating whether for white, colored or Indian, and naming the township and county. Funds unused by any district during any year shall, if still unused at the January meeting subsequent to the close of the school year, be returned to the general school fund for reapportionment, unless such district shall have been prevented from using such funds during that year by providential or other unavoidable causes. Provided, that in the discretion of the county board of education it may also reserve sufficient: funds, after first providing for a six months school term in every school district, to pay a part of the cost, not to exceed one-half, necessary to employ a capable physician for his entire time as county health officer whose election meets with the approval of said board and whose duties shall be specified by the county board of health to embrace those provided for in that part of section eleven, chapter sixty-two, of the public health laws of one thousand nine hundred and eleven, relating to the medical inspection of schools and school children; and he shall lecture to the teachers in their meetings and supply them with printed instructions regarding measures for the proper care of the body, the recognition and prevention of disease, the recognition, prevention and correction of physical defects, etc.; and he shall-keep an accurate daily record of the work he does under the provisions of this act and make weekly, monthly or quarterly reports giving such information as may be called for by blanks to be furnished by and returned to both the county board of education and the State Superintendent of Public Instruction; and if the county health officer should neglect for a period of ninety days to carry out the spirit of this act, unless his entire time should be required to fight an epidemic of some contagious or infectious disease, the county board of education may in its discretion withdraw its financial aid in his employment. . (b) Strike out section four thousand one hundred and thirtyone and insert in lieu thereof the following: . ‘ The county board of education or the board of trustees of any incorporated or chartered graded school district may receive suitable sites for schoolhouses or school buildings by donation or purchase. In case of purchase the county board of education, or any board of trustees aforesaid, shall issue an order on its treasurer for the purchase money, and upon payment of the order the title to the site shall vest in the corporation in fee simple. Whenever the boards above mentioned are unable to obtain a suitable site for a school or school building, by gift or purchase, such board shall report to the county superintendent of public instruction, who shall, upon five days notice to the owner or owners of the land, apply to the clerk of the superior court of the county in which the land is situated for the appointment of three appraisers, who shall lay off by metes and bounds not more than two acres and assess the value thereof. The same means may be used to obtain more land in a district where there is a house or a site previously obtained, but not more than three acres shall be procured, including the site already obtained. They shall make a written report of their proceedings, to be signed by them, or by a majority of them, to the clerk within five days from their appointment, who shall enter the same upon records of the court. The appraisers and officers shall serve without compensation. If the report is confirmed by the clerk, the chairman and the secretary of the board shall issue an order on the treasurer of the county school fund, or, if-a graded school district, upon the treasurer of the graded school district, in favor of the owner of the land thus laid off, and upon the payment or offer of payment of this order the title to such land shall vest in fee simple in the corporation. Any person aggrieved by the action of the appraisers may appeal to the Superior Court in term, upon giving bond to secure the board against such costs as may be incurred on account of the appeal not being prosecuted with effect. (c) Amend subsection (h) of section one of chapter one hundred and thirty-five of the Public Laws of nineteen hundred and eleven of North Carolina, amending section four thousand one hundred and thirty-three of The Revisal of nineteen hundred and five, as follows: After the word therein, in line six of said subsection (h), and before the word and, insert the words or in the printed annual school report of said county. (d) At the end of section four thousand one hundred and thirty-five as amended add the following: – Provided, that any county whose total school fund does not exceed fifteen thousand dollars may unite with any adjoining county and by agreement between the county boards of education of the two counties, meeting in joint session, may employ a county superintendent who shall devote his entire time to supervising impartially the educational work of the counties thus employing him. The agreement between the two county boards thus jointly employing one county superintendent, as to the apportionment of his salary and expenses, the division of his time, and all other essential details, shall be recorded in full in the minutes of the board of education. of each county. (e) After the word July in line three of section four thousand one hundred and forty-five, strike out all words up to and including the word qualified, in line nine, and insert in lieu thereof the following: One thousand nine hundred and thirteen, appoint in each of the townships of the county three intelligent men of good business qualifications who are known to be in favor of public education, who shall serve as follows: One for three years, one for two years, and one for one year from the date of their appointment as school committeemen in their respective townships and until their successors are elected and qualified. On the first Monday in July of each succeeding year, the board of education shall appoint one member of the school committee in place of the member whose term of office has just expired, and who shall continue in office for a period of three years and until his successor is duly appointed and qualified. In line twenty of said section, after the word committee strike out the sentence commencing with the word The and ending with the word qualified, in line twenty-seven, and insert in lieu thereof the following: The county board of education in each county may if it deems best on the first Monday in July, one thousand nine hundred and thirteen, instead of electing township committeemen, elect for each school of the several townships three school committeemen of intelligence and good business qualifications who are known to be in favor of public education, who shall serve as follows: One for three years, one for two years, and one for one year from the date of their appointment as committeemen and until their successors are appointed and qualified. And the board of education shall, on the first Monday of July of each succeeding year, appoint one member of the school committee in place of the member whose term of office has just expired, and who shall continue in office for a term of three years and until his successor is duly appointed and qualified. (f) Strike out the sentence beginning with the word The, in line seven of section four thousand one hundred and sixty-one, and ending with the word committee, in line eleven, and insert in lieu thereof the following: The county board of education of each county shall fix annually a day and place in each township for the meeting of the township or district committeemen of said township, who shall, in conference with the county superintendent, with whom application must have previously been filed by all applicants, select the teachers for their respective schools, except for rural public high schools: Provided, that no election of any teacher or of any assistant teacher shall be deemed valid until such election has been approved by the county superintendent. (g) In line five of section four thousand and fifty-three, after the word schoolhouse and before the word in, insert the following words: Or dormitories for rural high schools and county farm life schools. (h) Insert the words justices of the peace in line three of section four thousand one hundred and eight after the word courts and before the word and in said line; after the word accrued, at end of said section, add the words, this information to be furnished on blanks prepared by the State Department of Public Instruction. -1 After the word of and before the word county, in line two of section four thousand one hundred and fifty-eight, strike out the word the and insert in lieu thereof the word any; and after the word county and before’the word school, in said line, insert the words town or city. (j) At the end of section four thousand one hundred and sixtyfour add the following: The county board of education of each and every county is hereby authorized and directed tc provide for the prompt payment of all teachers salaries due at the end of each school month. (k) After the word board and before the word but, in line eleven of section four thousand one hundred and ninteen, insert the words until the next General Assembly meets and acts: Provided, that this act shall not apply to vacancies heretofore filled under this section. -1 After the word attendance, in line five of section four thousand one hundred and sixty-four and before the word the in said line, insert the following words, the number of pupils completing the elementary grades. (m) After the word term in line five and before the word no in said line, in section four thousand one hundred and sixtythree, insert the following words, no assistant teacher shall be employed in any one-teacher school until the average daily attendance shall-have reached at least forty pupils, and in case the reports of any teacher shall for four consecutive weeks show an average daily attendance of less than forty pupils the assistant teacher may be dismissed.