Delaware General Assembly

CHAPTER 160

FREE SCHOOLS

AN ACT to provide for the establishment and maintenance of a general and efficient system of Free Public Schools.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 71, of the Revised Code of the State of Delaware, entitled "School Laws of the State of Delaware", and all Acts and parts of Acts inconsistent with the .provisions of this Act, and which are not continued in force by the provisions of this Act, from and after the first day of July, 1921, be, and the same are hereby repealed, and from and after the first day of July, 1921, this Act shall be in full force and effect.

ARTICLE I STATE BOARD OF EDUCATION

Section 2. From and after the first day of July, 1921, the general administration and supervision of the free public schools and of the educational interests of the States shall be vested in a State Board of Education, composed of four members, who shall be appointed by the Governor from the citizens of the State for a term of five years, beginning on the first day of July next succeeding their appointment, and they shall hold office until their successors qualify. No more than two members of the Board shall belong to the same political party, and no person shall be eligible to appointment who has not been for at least five years preceding his appointment a resident of this State. The members of the Board shall be appointed solely because of their character and fitness, but no person shall be appointed to this Board who is in any way subject to its authority. Vacancies on the Board for any cause shall be filled by the Governor for the unexpired term and until a successor qualifies. Any member of this Board shall be eligible for reappointment unless otherwise disqualified by the provisions of this Act.

Section 3. The offices of the State Board of Education shall be at Dover and shall be provided by the State. The State Board of Education shall hold its annual meeting each year, at its office, on the first day of July. At this meeting the Board shall each year elect one of its members to serve as President, and one to serve as Vice-President. Other regular meetings shall be held on the first day of September, December and March, and such special meetings may be held at such places as the duties and business of the Board may require. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole Board.

Section 4. The members of the State Board of Education shall receive a compensation of Twenty-five Dollars per day for each day's attendance at the meetings of said Board, provided that they shall not receive pay for more than one day's attendance each calendar month, and shall also receive their actual traveling and other necessary expenses incurred in attending the meetings and transacting the business of the Board.

Section 5. TREASURER: The State Treasurer shall act as treasurer of the State Board of Education. He shall receive and hold all moneys which the State Board of Education is entitled to by law, and which may come into its possession, and shall deposit all such moneys in the financial institution which is the legal depository of the State moneys in the custody of the State Treasurer. He shall pay out all such moneys under written order of the President, or of the Vice-President, of the State Board of Education and of its Secretary, or of its Assistant Secretary if so authorized by the State Board of Education, and shall keep such records and accounts of its funds as the State Board of Education may require.

Section 6. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION: The State Board of Education shall appoint as its Executive Secretary, a State Superintendent of Public Instruction. He shall be appointed for a term of one year and the said Board shall fix his salary and pay the same from the appropriation for the purpose. He shall be a graduate of a standard college and shall have not less than five years' experience in teaching and administration and shall possess such other qualifications as shall be required by the State Board of Education. The State Superintendent of Public Instruction may be removed by the Board for immorality, misconduct in office, incompetency or willful neglect of duty, upon making known to him in writing the charges against him, and upon giving him an opportunity of being heard, in person or by counsel, in his own defense, upon not less than ten days' notice. In case of a vacancy; due to death, resignation or removal, the State Board of Education shall fill the vacancy and the appointment shall be for the unexpired term or until a successor shall qualify.

The State Board of Education shall prescribe the duties of the Superintendent of Public Instruction and shall invest him with such powers as they shall deem proper, and such as he shall need in the performance of his duties as Executive Secretary of the State Board of Education and as Superintendent of Public Instruction of the State of Delaware.

Section 7. GENERAL POWERS: The State Board of Education shall exercise general control and supervision over the public schools of the State ; they shall consult with, advise and co-operate with the Boards of Education of Special School Districts, Boards of School Trustees, Superintendents of Schools of Special School Districts, and other officers, principals, teachers and interested citizens in matters relating to education and to the conduct of schools.

They shall determine the educational policies of the State and shall seek in every way to direct and develop public sentiment in support of public education.

The State Board of Education may appoint for a term not to exceed one year, such professional and clerical assistants as are necessary for carrying out the policies and the rules and regulations of the State Board of Education. The State Board of Education is empowered to and shall remove, for immorality, misconduct in office, incompetency or willful neglect of duty, any officer appointed under the provisions of this Act or any special school law, giving him a copy of the charges against him, and an opportunity of being publicly heard, in person or by counsel, in his defense, upon not less than ten days' notice; and whenever vacancies in any of the offices are caused by such removals, or otherwise, the State Board of Education is directed to fill the vacancy for the remainder of the unexpired term of the officer or officers removed.

The State Board of Education shall require from Boards of Education of Special School Districts, Boards of School Trustees, such reports covering expenditures, business methods, accounts, registration, attendance and any other matter they may find necessary and advisable. They shall receive and examine such reports and shall, through their professional assistants, examine the expenditures, business methods and accounts of Boards of Education of Special School Districts and advise them on the same.

The State Board of Education shall decide, without expense to the parties concerned, all controversies and disputes involving the administration of the public school system.

They shall conduct investigations relating to the educational needs of the State and the means of improving the educational conditions; and for such investigations may employ additional expert assistants and appoint special agents whenever they deem it advisable.

For the purpose of enforcing the provisions of this Act and the adopted and published by-laws of the Board, the State Board of Education, acting through its President or Vice-President, shall have the authority to administer oaths and to examine under oath, in any part of the State, and to cause the examination to be reduced to writing, and in such cases, any person who, having been sworn or affirmed to tell the truth, willfully gives false testimony, shall be guilty of false swearing and punished as perjury is punished.

The State Board of Education is hereby empowered and directed to cause the provisions of this Act to be carried into effect, so as to provide a uniform, equal and effective system of public schools throughout the State.

Section 8. RULES AND REGULATIONS: The State Board of Education shall adopt rules and regulations for the administration of the free public school system which, when prescribed and published, shall be binding throughout the State. The State Board of Education shall prescribe rules and regulations:

1. Governing the hygienic, sanitary and protective construction of school buildings, the selection, arrangement and maintenance of school sites and grounds and the condemnation for school purposes, of public school buildings that do not conform to such rules and regulations.

2. Governing the protection of health, physical welfare and physical inspection of public school children in the State.

3. Governing the grading and standardization of all public schools, including in such standards, equipment, number of teachers, years and grades of instruction offered, and particularly establishing the standards for two teacher schools and three teacher schools in the rural districts.

4. Governing the issuance of certificates and diplomas from public schools of the State, and, in co-operation with the President of Delaware College and the dean of the Women's College of Delaware, the minimum requirements for issuing all academic, normal school, collegiate, professional or university degrees by such institutions as are not authorized by law to -determine such requirements.

5. Determining the minimum courses of study for all public elementary schools and all public high schools of the State. Provided that among the rules and regulations adopted, they shall prescribe that all elementary school subjects shall be taught in the English language in all schools in the State.

6. Governing the choice of text books to be used in all public elementary schools and all public high schools of the State, and prescribing an open list of text books from which the Boards of Education of the Special School Districts shall select the text books for their districts, fixing with the respective publishers the price at which their respective text books shall be sold to the schools of the State. Provided that when a text book has been added to this open list, it may not be dropped before four years from the date of its being placed on the list.

7. Governing the qualification and certification of teachers in all the public schools of the State and in co-operation with the President of Delaware College and the Dean of the Women's College of Delaware, providing for the acceptance of the diplomas of the normal schools and colleges and universities of Delaware as well as other states. Provided that in such rules and regulations they shall prescribe that no individual, public or private educational association, corporation or institution shall offer a course or courses for the training of public school teachers without having first procured the assent of the State Board of Education to such teacher training course.

8. Fixing, in conjunction with the respective Boards of Education of Special School Districts and the respective Trustees of School Districts, a schedule of salaries for superintendents, teachers, professional and clerical assistants, in the respective special School District or School District.

9. Governing the attendance of teachers now employed and prospective teachers at the summer school at Delaware College, and in co-operation with the President of Delaware College and the Dean of the Women's College of Delaware, determining the conditions by which such teachers and prospective teachers may receive from the state a whole or, a part of the expenses incurred by such summer school attendance.

10. Providing for an approved list of high schools of the state and determining the conditions as to buildings, educational equipment and supplies, library, laboratory, courses of study and units of work offered, number and qualifications of teachers employed, enrollment and average daily attendance which must be fulfilled in order that high schools may secure the respective amount of State support provided for in Section 40 of this Act.

11. Determining the conditions as to buildings and grounds, educational equipment and supplies, kinds and grades of schools supported, courses of study and units of work offered, number and qualifications of teachers employed, supervisory and administrative direction and control provided, which must be met and fulfilled in order that school districts may become Special School Districts or may remain Special School Districts.

12. Governing the admission of pupils from the schools of one district to the schools of another district.

13. Determining the hours of daily public school session, holidays on which the public schools shall be closed, the pay of public school teachers during their absence because of sickness or quarantine, or when the public schools are closed by quarantine.

14. Controlling the necessary absence of pupils enrolled in the public schools and determining the circumstances under which such absence shall be considered necessary, always giving due consideration to the welfare of the children as well as to the needs of the parent or guardian, or persons having control of such children. Provided that no child shall be excused for cause other than illness or physical or mental incapacity that shall reduce the attendance of said child to less than one hundred and twenty days each school year.

15. Providing for the enforcement of school attendance in accordance with the aims and spirit of this law.

16. Providing for the taking of a biennial school census of all children within the State from five to eighteen years of age, inclusive of both years.

17. Requiring a uniform series of blanks for the keeping and reporting of all financial accounts, the annual school budget and all educational records; and providing a series of forms and blanks for the same.

18. Providing for the physical examination of children and for the mental examination of such children as have made no advancement in their studies for three successive years of regular attendance.

19. Governing the apportionment of moneys derived from county taxes, from state school fund, from income taxes and from state appropriations for public education. Provided that in making such rules and regulations, such apportionment shall be based upon: 1. Total net enrollment; 2. Average daily attendance; 3. Number and qualification of teacher or teachers; 4. Grade and standard of school buildings, school grounds and school equipment.

20. Providing for the training of teachers for rural schools in a standard high school or high schools in each county; establishing standards for teaching force, equipment and studies and determining the location of such teacher training department.

21. Providing, in conjunction with the Board of Trustees of the State College for Colored Students, for the establishment and maintenance of a course or courses of high school studies in said institution for colored students of high school grade.

Provided, that the grading and certification of teachers as now in force shall remain and continue in force until the State Board of Education shall adopt and publish rules and regulations as required by this Section.

Provided, also, that the provisions of the law now in force regulating the salaries of teachers shall continue in force until the end of the current school year.

Provided, further, that officers of the State Board of Education now in office, shall continue in office until the first day of July, 1921.

Section 9. STATE SCHOOL BUDGETS: On or before the first day of March, the State Board of Education shall transmit biennially to the Governor and to the General Assembly, a State School Budget including the amounts required for:

1. The support of the State Board of Education, its office and its officers;

2. The payment of teachers' expenses for summer school attendance;

3. The training of teachers for rural schools in standard high schools;

4. The encouragement of consolidation of schools by state appropriations for new buildings and grounds;

5. Meeting the provisions of the Smith-Hughes Vocational Education Act, and such other educational acts as may be passed by Congress;

6. The general appropriation for teachers' salaries and text books;

7. The maintenance and support of approved state high schools;

8. The maintenance and support of elementary schools;

9. Debt Service, for the liquidation of the bonded and other debts of the school districts of the State;

10. The maintenance of the State School Tax Department.

This biennial State School Budget shall be reported on standard forms adopted by the State Board of Education and shall give the sums required for each general item of such budget and for each detail under such general item. The State Board of Education shall transmit to the Governor and to the General Assembly as part of the biennial State School Budget, copies of the biennial budget of the State School Tax Department and copies of the annual budgets of the various Special School Districts, including Wilmington, and of the various School Districts with a summary showing the total funds estimated necessary for the conduct of the public schools for two years, with recommendation as to the amount to be appropriated by the Legislature.

Section 10. ANNUAL REPORTS: The State Board of Education shall submit to the Governor each year on or before the first day of January, an annual report, covering all operations of the State Board of Education and support, condition, progress and needs of education throughout the State for the preceding school year. Such annual report shall be printed in sufficient quantities for general distribution.

The annual report of the State Board of Education for the school year next preceding the meeting of the General Assembly shall include recommendations for additional legislation and for changes in existing legislation, such recommendations to be accompanied by prepared bills to be laid before the Governor and the General Assembly.

ARTICLE II DISTRICTS

Section 11. Special School Districts, as now existing, and School Attendance Districts, as now existing, are hereby recognized and constituted as the Educational Districts of the State and shall so continue except when changed or consolidated in the manner provided in this Act. The present School Attendance Districts shall hereafter be known as School Districts. In each School District of the State there shall be a Board of School Trustees composed of three members elected from the residents of the several School Districts, by the qualified voters of that district at the annual school election, which shall be held on the third Saturday of June, Between the hours of two and five o'clock in the afternoon. They shall serve for a term of three years, from the first day of July next succeeding their election, and they shall hold office until their successors qualify. Provided, however, that when this Act goes into effect the persons who are at that time members of the Boards of School Trustees shall continue to serve for the terms for which they were originally elected and until their respective successors qualify.

At each annual school election a member of the Board of School Trustees shall be elected to succeed a member whose term then expires. Nominations shall not be required to be made in advance of such election. The election shall be by ballot, which may be either printed or written. The officers in charge of such election who may be the trustees, or persons designated by them, shall certify the results of said election to the State Board of Education on or before the Thursday following the election.

Vacancies on the Boards, for any cause, shall be filled by the remaining members of the Board for the unexpired term and until a successor qualifies. If, for any reason, it should be found impossible to provide any School District with a Board of School Trustees, the duties of the Board for the particular School District shall devolve upon the State Board of Education.

Section 12. The Office of the Board of School Trustees shall be the schoolhouse of the respective School District. The Board of School Trustees shall meet on the first Saturday in the month of July following the election, and shall elect one of its members to serve as Chairman and shall elect a Clerk who may be the principal or teacher of the school, and shall give notice of such election to the State Board of Education. Other regular meetings of the Board shall be held once each month during the school term and such special meetings may be held as are necessary. No motion or resolution shall be declared adopted without the consent of a majority of the whole Board.

The Clerk of the Board of School Trustees shall keep a record of all the transactions of the Board, shall preserve the minutes of the meetings of the Board, and shall prepare for adoption all reports of the Board, and shall keep a complete file of all reports of the teacher or principal, both those made to the Board of School Trustees and those sent to the State Board of Education, including a copy of the annual report required from every teacher by the State Board of Education.

The principal or the teacher shall attend all meetings of the Board, except when the principal or teacher is under consideration; shall have the right to speak upon all questions, but shall have no right to vote; shall present written monthly reports of the conditions and activities of the school, and file with the Board of School Trustees a copy of the monthly report sent to the State Board of Education. Any teacher of the school shall have the right to appear before the Board and shall be heard upon any question, but no teacher shall be entitled to be present when the said teacher is under consideration.

Section 13. The Board of School Trustees of each School District shall provide for the care of the buildings, grounds, apparatus and other school property, and shall maintain the same in accordance with the standards adopted by the State Board of Education. They shall make all repairs, purchase all necessary furniture and provide for adequate heating and for proper ventilation of the buildings. They shall present to the State Board of Education a monthly statement of expenditures. Such expenditures, when approved by the State Board of Education, shall be paid by the State Treasurer on order of said Board of School Trustees, signed by the Chairman and Clerk of said Board. Provided that in no case shall such expenditures exceed in any one year the amount provided for in accordance with the official budget of such School District, jointly adopted by the Board of School Trustees and the State Board of Education and filed with the State Board of Education. The Board of School Trustees shall requisition from the State Board of Education, subject to the approval of said Board, such text books, supplementary readers, maps, globes and charts, materials of instruction, stationery and school supplies, educational equipment, apparatus and other supplies as may be necessary for the conduct of their respective schools. At the end of each school year they shall report to the State Board of Education the number and condition of all books and supplies on hand on forms supplied for that purpose.

Section 14. BUDGET: The Board of School Trustees, at their regular monthly meeting on the first Friday of January, shall prepare and adopt and present to the State Board of Education, on forms prepared by the State Board of Education, an annual School Budget showing the items of proposed expenditure for the next school year. When such budget is approved and adopted by the State Board of Education, the adopted budget shall become and be the official School Budget for that School District for the school year named therein.

The said budget shall show the amount needed: 1. For salaries of teacher or teachers; 2. For expenses other than salaries of teachers, including furniture, repairs, fuel, salaries of janitor or janitors and other employees; and shall show the estimated unit cost per pupil, 1. for teachers' salaries; 2. For expenses other than teachers' salaries, the unit cost to be obtained by dividing the amount for teachers' salaries and for expenses other than teachers' salaries by the total enrollment for that year. The said School Budget shall also show the estimated number and amount of text books, materials of instruction and other supplies, that may be needed and the amount or amounts needed for such other items as may be required to be shown by the State Board of Education, with recommendations for a Building Program for such district and any proposal of consolidation of any School District with another School District and its recommendations for the Building Program for such consolidated district.

Section 15. On or before the fifteenth day of August of any year the Board of School Trustees shall engage a principal, teacher or teachers as may be necessary for the next school year and shall make contracts with such principal or teachers on forms to be provided by the State Board of Education. Such contracts shall be made in triplicate; one copy to be filed with the State Board of Education, one to be delivered to the principal or teacher and the other to be kept by the Board of School Trustees. Such principal or teacher so engaged must have the standard of qualification adopted by the State Board of Education and the salary of such principal or teacher shall be such as is fixed by the schedule jointly adopted by the State Board of Education and the Board of School Trustees, and shall be paid monthly, within ten days after the expiration of the school month, by the State Treasurer on order of the Board of School Trustees, signed by the Chairman and Clerk of the Board. Provided that no salaries shall be paid until all reports required by the State Board of Education shall be presented and accepted.

The Board of School Trustees shall have the power to engage teachers and enter into contracts therewith to fill vacancies that may occur during the year. They may also suspend or dismiss any teacher or principal for immorality, misconduct in office, incompetency or willful neglect of duty. Provided that the charges be stated in writing and that the principal or teacher be given an opportunity to be heard by the Board upon not less than ten days' notice. Provided, further, that in all cases the right of appeal shall lie to the State Board of Education.

Section 16. The Board of School Trustees shall visit the school or schools of its respective School District once each month of the school term; shall seek in every way to develop public sentiment in support of the school and take definite steps toward making the school a real centre for the community's civic and educational activities.

Section 17. When the citizens of any community are organized into a non-partisan, non-sectarian, non-exclusive association for the presentation and discussion of public questions, which organizations, upon request in writing to the Board of School Trustees of any School District shall have the free use of the School House for weekly, bi-weekly or monthly gatherings, or at such times as the citizens' organizations shall request or designate; provided that said meetings shall be held during those hours when, the school building is not being used for its principal purpose.

The Board of School Trustees shall allow, on written request, the free use of the school house or school houses under their jurisdiction for farmers' meetings, Grange meetings, public speaking’s, lectures, entertainments, church festivals, Red Cross meetings, Y. M. C. A. meetings, political meetings, or for any other purposes which are for the civic welfare. Provided that the person or persons making application for the use of a school house for a public meeting shall be responsible for all damage to the property occurring at such meeting, ordinary wear and tear excluded, and upon failure of the person or persons to respond in damages for any such injury to the property, the Board in charge of the school house may refuse all future applications until such injury is repaired without expense to the Board in charge of the property.

ARTICLE III SPECIAL SCHOOL DISTRICTS

Section 18. Existing Special School Districts shall continue as such so long as they continue to fulfill the conditions prescribed by the State Board of Education for Special School Districts.

Section 19. The general administration and supervision of the free public schools and educational interests of each Special School District shall be vested in a Board of Education. They shall be elected from the residents of the given Special School District by all qualified voters thereof, for terms of three years beginning with the first day of July next succeeding their election, and shall hold office until their respective successors qualify.

The school election in each Special School District shall be held on the third Saturday of June in each year, between the hours of two and five o'clock in the afternoon at the principal school house in the respective school districts, and shall be conducted by members of the Board Of Education of each Special School District. The President of the Board of Education shall preside at the election and the other two members of the Board shall be the judges of the election. Provided, that if, for any reason, one or more members of the Board of Education should be unable to serve as election officers, the said Board of Education shall designate another person, or persons, to act in such capacity. And provided further, that should the Board of Education of any Special School District fail or neglect to provide election officers at such election, the voters present shall designate and appoint election officers to conduct the election in such Special School District.

The school election in Special School Districts shall be by ballot, and the names of the candidates for election to the Board of Education shall be entered on the ballot alphabetically and without party designation. Nominations shall be made by petition containing the written names of not less than twenty-five qualified voters of the respective Special School District and such petition shall be filed with the Clerk of the Peace not later than fifteen days prior to the time of the school election. The ballots and other needed election supplies shall be provided by the Clerk of the Peace and paid for by the Levy Court.

No voter shall be permitted to vote for a greater number of candidates than are to be elected, under the law, at said election. If any person, not duly qualified to vote, shall offer to vote at a Special School District election, such person shall be guilty of a misdemeanor and shall be punished by a fine or imprisonment, or both, in the discretion of the Court. The election officers conducting the election shall publicly count the votes and shall certify the result of such election under their hands and seals to the State Board of Education. No person shall be appointed or elected to this Board under the provisions of this Section who is in any way subject to the authority of the Board.

Vacancies in this Board for any cause shall be filled by the remaining members of the Board, such appointee serving until the next school election and until their respective successors qualify. At the next school election succeeding such appointment or appointments, the vacancy or vacancies shall be filled for the remainder of the respective unexpired term or terms. When this Act goes into effect the persons who are at that time members of the respective Boards of Education shall continue to act for the term for which they were elected and until their successors qualify.

Whenever a new Special School District shall be created and erected the State Board of Education shall at once appoint three suitable persons, possessing the necessary qualifications to be members of the Board of Education of such Special School .District who shall take office immediately and serve under the provisions of this Act until the first day of July following the next school election, and until their respective successors qualify. At the next school election after such appointment there shall be elected to the Board of Education of such Special School District three members; one to serve for one year, one to serve for two years and one to serve for three years, from the first day of July following such election, and until their respective successors qualify. If two or three candidates shall receive the same number of votes for the same office the State Board of Education shall determine by lot which of said candidates shall be declared elected. Thereafter one member shall be elected at each school election for the full term of three years.

Section 20. The office of the Board of Education of the Special School District shall be in the principal school building of the respective Special School District unless otherwise adequately provided for. The Board of Education shall hold its annual meeting each year at its office on the first day of July and at said meeting the Board shall each year elect one of its members to serve as President and one to serve as Vice-President. Other regular meetings shall be held on the second Friday of each month during the school term and such special meetings may be held as the duties and the business of the Board of Education may require. The members of the Board of Education shall receive no compensation for their services. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole Board.

Section 21. All property, estate, effects, money, funds, claims and state donations, heretofore vested by law in the public, school authorities of any special School District, for the benefit of the free public schools of such district, are hereby placed under and subject to the control -and management of the Board of Education of such Special School District. Real and personal estate granted, conveyed, devised or bequeathed, or which may hereafter be granted, conveyed, devised or bequeathed, for the use of any Special School District, shall be held in trust by the Board of Education for the benefit of the free public schools of the respective Special School District and such grants, bequests or money invested in trust for the use of any Special School District, shall be exempt from all state, county and local taxes.

Section 22. The Board of Education of each Special School District shall decide, without expense to the parties concerned, all controversies and disputes involving the rules and regulations of the Board of Education of the Special School District and the proper administration of the public schools of the district, and their decision shall be final except that an appeal may be had to the State Board of Education if taken in writing within thirty days.

The Board of Education shall have authority to administer oaths, and to examine persons under oath, in any part of the district. Witnesses in any manner pertaining to the public schools of the district, who, having been sworn or affirmed by them to tell the truth, willfully give false testimony, shall be guilty of false swearing and shall be punished accordingly.

Section 23. RULES AND REGULATIONS: The Boards of Education of the Special School Districts subject to the provisions of this Act and in accordance with the rules and regulations of the State Board of Education:

1. Shall determine the educational policies of the district and shall prescribe rules and regulations for the conduct and the management of the schools, shall enforce the provisions of this Chapter relating to School Attendance and shall maintain separate schools for white and for colored children.

2. Shall grade and standardize all the schools under its jurisdiction and may establish kindergartens and play grounds and such other types of schools, subject to approval of the State Board of Education, as in its judgment will promote the educational interests of the Special School District.

3. Shall adopt courses of study for these schools and a printed copy of these courses of study shall be supplied to every teacher and to every interested citizen of the Special School District.

4. Shall select, adopt, purchase and distribute free of charge, such text books, supplementary readers, maps, globes and charts, materials of instruction, stationery and school supplies, school furniture, educational equipment, apparatus and supplies as are necessary to the work of the schools. Provided that text books so selected and adopted shall not be changed more often than once in three years.

5. Shall provide forms and blanks on which the Boards of Education of the Special School Districts, officers, principals, teachers, janitors and other regular employees shall make such reports as may be required from them by the Special School District Board of Education.

6. Shall make all reports required by the State Board of Education, at such time, upon such items, and in such form and on such blanks as may be prescribed by the State Board of Education.

Section 24. SCHOOL YEAR: The school year in all Special School Districts shall begin July first and shall end on June thirtieth of the succeeding year. The school term shall begin on the first Tuesday after the first Monday in September unless otherwise provided by the Board of Education of the Special School District, and shall be in session not less than one hundred and sixty days.

Section 25. SPECIAL SCHOOL DISTRICT BUDGET: Each year, on, or before, the first day of February or at other time designated by the State Board of Education, the Board of Education of the Special School District shall prepare and submit to the State Board of Education, subject to the rules and regulations of the State Board of Education, an itemized and detailed annual school budget which shall show:

1. The estimated amount to be received from the Levy Court of the County.

2. Estimated Debt Service, for the payment of the principal and interest of all of the bonded and other debts of the Special School District.

3. Amount needed for permanent improvements and repairs.

4. Amount needed for current maintenance and operation.

5. State support for elementary schools, which amount shall be used for paying elementary teachers' salaries and purchasing free text books, materials of instruction and school supplies.

6. State aid for high schools, which amount shall be used for paying high school teachers' salaries and purchasing free text books, materials of instruction and school supplies.

7. State aid to meet the provisions of the Smith-Hughes Vocational Education Act.

8. Unit cost per pupil of the elementary schools of the Special School District and the unit cost per pupil of the high schools of the Special School District.

The annual school budget shall also show such other items and such totals as may be required by the State Board of Education.

Section 26. ANNUAL REPORT: The Board of Education shall cause to be prepared and published annually before the school election, in sufficient quantities' for distribution among the citizens of the district, an annual report addressed to the people of the district, covering the conditions, current accomplishments and needs for the improvement of the schools, also a statement of the business and financial transactions of the Board.

Section 27. SUPERINTENDENT OF SCHOOLS AND TEACHERS: The Board of Education of each Special School District shall appoint as its Executive Officer, for the school year, a Superintendent of Schools who shall also be Secretary of the said Board of Education. No person shall be appointed' such Superintendent who does not possess the following qualifications: Shall have graduated from a standard college; shall have had at least two years' successful experience in administration and teaching; and such other qualifications as the State Board of Education shall prescribe. Provided that the State Board of Education may accept in lieu of graduation from a standard college an equivalent in professional experience in administration and supervision.

As Secretary he shall conduct all correspondence of the Board, keep and preserve all records, receive all reports required by the Board and see that such reports are in proper form and complete and accurate. He shall attend all meetings of the Board and of its committees except when the tenure, the salary or the administration of his office are under discussion, and shall have the right to advise on any question under consideration, but shall have no vote.

The Board of Education shall also appoint and make contracts with such teachers, officers and employees as are necessary, on forms provided by the State Board of Education, and shall fix their salaries, subject to the salary schedule jointly adopted by the State Board of Education and the Boards of Education of the Special School Districts. It may suspend or dismiss any superintendent, teacher, officer or employee so appointed for immorality, misconduct in office, incompetency, or willful neglect of duty. Provided that the charges be stated in writing and the superintendent or other officer or employee be given an opportunity of being heard by the Board upon not less than ten days' notice. Provided further, that in all cases the right of appeal shall lie to the State Board of Education.

In case of vacancy due to any cause, the Board of Education shall fill the vacancy, and the appointment shall be for the unexpired term and until a successor shall qualify.

Section 28. The Superintendent of Schools shall, when required by the State Board of Education, conduct examinations for teachers' certificates within his Special School District, and shall direct the taking of the Biennial School Census as required under the rules and regulations of the State Board of Education.

Section 29. The Superintendent of Schools, acting under the rules and regulations of the Board of Education, shall be responsible for the administration and supervision of the free public schools of that district; he shall visit the schools, observe the management and instruction, and give suggestion for the improvement of the same; he shall organize and conduct institutes and conferences and such other educational activities as will foster professional insight and efficiency in teachers and develop public interest in education.

Section 30. TREASURER :The County Treasurer shall serve as Treasurer of each Special School District in that county. He shall receive and hold all moneys which the respective Board of Education is entitled to by law and which may come into its possession, and shall deposit all such moneys in the financial institution which is the legal depository of state moneys in the custody of the State Treasurer.

He shall pay out all such moneys on the written order of the respective Board of Education signed by its President, or Vice President, and its Secretary, and shall keep such records and accounts of its funds as shall be required by the Board of Education of the Special School District or the State Board of Education, and shall furnish to the Board of Education, on demand, such information as it may require.

He shall give such additional bond in this behalf as may be required by the State Board of Education and shall serve without further compensation than is provided by law; the cost of which bond shall be defrayed by the said State Board of Education.

Section 31. WILMINGTON: The public schools of the City of Wilmington, comprising the present school districts may accept at any time the provisions of this Act by resolution adopted by a majority vote of its Board of Education and by filing a written copy of such resolution certified by the Secretary of the Board, with the Secretary of the State Board of Education and by filing a duplicate with the Trustee of the School Fund, but shall continue to conduct and operate its schools according to the provisions of any special or other laws, now applicable thereto.

In order that Wilmington may receive her apportionment of school moneys for school purposes, the Board of Education of the public schools in Wilmington shall prepare and submit to the State Board of Education an itemized and detailed annual school budget as required by Section 25 of this Act.

Section 32. The State Board of Education is empowered and authorized to change, alter, fix, and determine all boundaries of any Special School District, provided that the assent of the majority of the qualified voters in the territory to be added to or taken from such Special School District shall be first obtained in writing or the State Board of Education shall cause the question of the change of boundary to be submitted to the qualified voters of such territory at a special election, called for that purpose, after two weeks' notice of such election posted on the school house of said district. The special election shall be conducted in a fair and impartial manner and by such persons as the State Board of Education shall appoint. A majority vote shall determine the question. Provided, further, the boundaries of the school district of Wilmington shall at all times be the same as the boundaries of the City of Wilmington.

In case a Special School District expresses, through a petition of the Board of Education of said district or through a petition signed by twenty-five voters of said district, a desire to cease to be a Special School District, the question shall be submitted to the qualified voters of that district at the general school election in that district and a majority vote of those voting shall determine the question. If the vote be to dissolve said district, the said district shall be divided into such school districts as existed at the time the said Special School District was formed, which school districts, like other school districts, shall be subject to the immediate authority and jurisdiction of the State Board of Education.

When any Special School District ceases to be a Special School District, all property, belonging to such district and all assets of said district shall pass to the State Board of Education, and be held in its name. The Board of Education of the Special School District shall make and execute such deed or deeds of conveyance as are necessary to pass to the State Board of Education the legal title of such property. All liabilities of such Special School District shall, after proper audit by the Auditor of Accounts, be assumed by the State Board of Education.

When a new Special School District has been created by the State Board of Education the State Board of Education shall convey all property that naturally belongs to such new Special School District, as determined by the State Board of Education, and shall make and execute such deed or deeds of conveyance as are necessary to pass to the Board of Education of such Special School District the legal title to all such property. The Board of Education of such Special School District shall also assume the existing debts of the School District of which it is comprised.

Section 33. All property, estate, effects, money, funds, claims and state donations heretofore vested by law in the public school authorities of any county, other than the authorities of any Special School District, for the benefit of the public schools of said county, are hereby placed under and subject to the control and management of the State Board of Education for the use of such County, other than special School Districts, real and personal estate granted, conveyed, devised or bequeathed or which may hereafter be granted, conveyed, devised or bequeathed for the use of the free public schools of any county shall be held in trust by the State Board of Education for the benefit of the schools of such county, and such grants, bequests or money in trust for the use of free public schools of any county of the State or any part thereof shall be exempt from all state, county and local taxes.

Section 34. The State Board of Education is authorized, empowered, directed and required to maintain a uniform, equal and effective system of public schools throughout the State, and shall cause the provisions of this Chapter, the by-laws or rules and regulations and the policies of the State ,Board of Education to be carried into effect. The schools provided shall be of two kinds: Those for white children and those for colored children. The schools for white children shall be free for all white children between the ages of six and twenty-one years, inclusive; and the schools for colored children shall be free to all colored children between the ages of six and twenty-one years inclusive. The schools for white .children shall be numbered and the schools for colored children shall be numbered as numbered prior to the year 1919. The State Board of Education may establish schools for children of people called Moors, which schools shall be free to all such children between the ages of six and twenty-one years, inclusive. No white or colored child shall be permitted to attend such a school without the permission of the Board of Trustees of said school and of the State Board of Education. The public schools of the State shall include elementary schools which may be: One-teacher ungraded schools; one-teacher graded schools, grades one to six inclusive; standard two-teacher schools, grades one to eight inclusive; standard three-teacher schools, grades one to nine, inclusive; and such other standard schools as the State Board of Education may establish. Provided, that a one-teacher ungraded school, for pupils under the ninth grade, shall be provided when required by the Board of School Trustees in any School District. The Public Schools of the School Districts shall also include such standard high schools as the State Board of Education shall establish, under the rules and regulations of the State Board of Education. The State Board of Education may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interests of the State. The school year in all School Districts shall begin July first and shall end on June thirtieth of the succeeding year, and the school year in Special School Districts shall be as now provided, or as hereafter may be provided by the Board of Education of a Special School District. The school term shall begin on the first Tuesday after the first Monday in September unless otherwise provided by the State Board of 12.4ducation, and shall be in session not less than one hundred and sixty days. Provided, however, that the Board of School Trustees of any School District shall have power, if in its judgment such step be expedient, to change the school terms in such School District; provided, however, that the schools in said School District shall be in session the minimum number of days throughout the year specified by this Act.

Section 35. Before making changes in the boundaries of existing School Districts and in the location of public schools, in use at the time of the enactment of this Act, the State Board of Education shall consult with the Board of School Trustees of the School Districts affected and shall publish at the school or schools of Said district or districts for two weeks the proposed change. They shall then proceed to submit, by referendum, the question of rearrangement to the voters of the district or districts thus affected. Said referendum vote shall be conducted by the Board of School Trustees in each of the respective districts. At said election any person shall be entitled to vote who would be entitled to vote at regular school elections of School Districts if held at that time. The question shall be determined by a majority of the total vote cast in all said districts and the result shall be immediately certified to the State Board of Education.

Section 36. The State Board of Education, may, upon application of the majority of the voters in each School District concerned, consolidate two or more elementary schools. They may, when in the Board's judgment it is practicable and desirable consolidate two or more elementary schools provided that before doing so they post notice of the proposed change four weeks prior thereto on the front door of the school house or school houses of the district or districts concerned. At the expiration of which time the question of consolidation shall be submitted, by referendum, to the voters of the district or districts affected. Said referendum vote shall be held within ten days of the expiration of such notice and shall be conducted by the Board of School Trustees in said districts. At said meetings any person shall be entitled to vote who would be entitled to vote at a regular school election of said School Districts if held at that time. The question shall be determined by a majority vote in each district affected and the result shall be immediately certified to the State Board of Education.

When consolidation has been effected, the State Board of Education shall select from the Boards of School Trustees in the districts so consolidated, three members of a new Board who shall be the Board of School Trustees for the district. They shall hold office until the next school election, when the qualified voters of the newly created district shall elect from the residents of the district, three members ; one to serve for one year; one to serve for two years and one to serve for three years. Their successors shall be elected for the term of three years.

Section 37. The State Board of Education shall not be required to maintain any single one-room school which during the three preceding school years has had an average daily attendance of less than twelve pupils. But when such a school is closed, the district shall be consolidated with an adjoining district or districts by the State Board of Education.

Section 38. It shall be the duty of the State Board of Education to furnish all books and supplies to School Districts throughout the State, as directed by this Act, in addition to do all of the things necessary for the carrying into effect the full spirit of this Act in all the School Districts of the State ; it shall also be the duty of the said State Board of Education to furnish to Special School Districts and to High Schools throughout the State all books and supplies to which they may be entitled under the provisions of this Act and to do and assist in every way to bring about the full requirements of this Act throughout the State.

Section 39. When this Act goes into effect, all school property of every kind within present existing School Attendance Districts shall pass to the control of the Board of Trustees of School Districts recognized by this Act; all property of every kind which, at the time this Act shall go into effect, shall be in the control, name or possession of the County School Boards now existing, shall thereupon be transferred from the said present existing County School Boards to the State Board of Education created by this Act, and thereafter all said property of every kind shall remain in the name, possession and control of the State Board of Education. Provided, however, as hereinbefore directed, that any money or property which has heretofore been given by any individual or private corporation, or bequeathed or devised for the free schools of any particular county, shall be held by the State Board of Education for the use of the Schools of such particular county.

ARTICLE IV HIGH SCHOOLS

Section 40. The professional supervision of high schools in Delaware is vested in the State Board of Education which is hereby empowered, directed and required to grade and standardize all high schools and all high school departments and courses.

The State Board of Education shall adopt and publish standard courses of study which, when adopted and published, shall be the standard courses of study for high schools in Delaware. They shall also prescribe minimum requirements for laboratories in all scientific and vocational subjects and for supplementary reading and reference books for all academic and other subjects.

For the proper guidance and development of the high schools of the State, the State Board of Education shall adopt standard curricula for such types of high schools as may be required in Delaware. Provided, that the division of high schools into First Group High Schools and Second Group High Schools as applied in the State at the time of approval of this Act, shall continue in effect for the rest of the current school year.

The State Board of Education shall make an annual inspection of all high schools; shall file the result of such inspection with the Board of Education in control of the respective high schools as well as with the State Board of Education; shall approve a high school when it conforms in all particulars to the standards and requirements adopted and shall disapprove a high school when it fails to meet such standards and requirements. The State Board of Education may partially approve a high school that does not fully meet the requirements if it is convinced that the high school can meet the standards and requirements within a year.

All approved high schools shall have at least four standard unit courses for each year of the high school course. All four year high schools shall have a supplementary reading and reference library of at least two hundred and fifty volumes and must he provided with equipment equivalent in value to the following amounts, whenever such high school department is required: Biology, five hundred dollars; Physics, six hundred dollars; Chemistry, six hundred dollars; Manual Training, twelve hundred dollars; Domestic Science, twelve hundred dollars; Agriculture, five hundred dollars. Whenever the State Board of Education fails to fully approve a high school it shall notify the Board of Education in charge of such high school of the reason for their non-approval of any departments or courses of study.

In apportioning funds for the support of high schools the State Board of Education shall base such apportionment upon the number of pupils enrolled in the high school but shall not apportion State funds to high schools that are not approved. Provided, that partially approved high schools shall be entitled to such apportionment for one year, during which time they shall qualify as approved high schools in order to receive further apportionment. Provided, further, that no high school shall receive more than one hundred dollars for each pupil enrolled.

For the more convenient administration of high school attendance in the State and for the convenience and accommodation of high school pupils of any section the State Board of Education is hereby empowered and directed, whenever and wherever they deem advisable to divide the State, or any section thereof, into high school attendance districts and to prescribe rules and regulations governing the attendance therein.

ARTICLE V SCHOOL ATTENDANCE

Section 41. All the white public schools of the State shall be free to all the white children of school age, resident in the State; and all the colored public schools of the State shall be free to all the colored children of school age, resident in the State.

Every parent, guardian or other person in this state having control of a child between the ages of seven and fourteen is required to and shall send such child to a free public school each day of the minimum school year of one hundred and sixty days; every such parent, guardian or other person having control of a child fourteen years of age or fifteen years of age, or sixteen years of age, who has not completed the work of the eighth grade of the free public schools of the School District or Special School District in which the child resides, is required to and shall send such child to a free public school in such District not less than one hundred days, as nearly consecutive as possible, beginning not later than November first of the school year; unless it can be shown, and witnessed by written endorsement, to the satisfaction of the Superintendent of Schools of a Special School District, or in the case of School Districts, to the satisfaction of an official designated by the State Board of Education, and by a written examination, that such child is elsewhere receiving regular and thorough instruction during said minimum school year as above provided in the subjects prescribed for the elementary schools of the State, in a manner suitable to children of the same age and stage of advancement. Provided that the written certificate of a principal, teacher or Board of Trustees, or other person or persons in charge of a private school shall be satisfactory evidence to the Superintendent of a Special School District, and in the case of School Districts, shall be satisfactory evidence to the said official designated by the State Board of Education that such child is receiving regular and thorough instruction required under this Section. Provided that the Superintendent of Schools of the Special School District, or persons duly authorized by such Superintendents of Schools, and in the case of School Districts, that officials designated by the State Board of Education may excuse, subject to the rules and regulations of the State Board of Education, cases of necessary and legal absence of pupils enrolled in the free public schools. Provided, further, that the provisions of this Section shall not apply to children whose mental or physical condition, as attested by a physician's certificate, is such as to render the instruction above prescribed inexpedient or impracticable.

Section 42. Every parent, guardian or other person violating the provisions of the preceding section shall be guilty of a misdemeanor and shall, upon conviction thereof, forfeit a fine of not less than five dollars, or more than twenty-five dollars, on first conviction, and a fine of not less than twenty-five dollars or more than fifty dollars for each subsequent conviction, and in default of payment of said fine, the defendant may be committed to the county prison for a period not exceeding two days for the first conviction and for a period not exceeding five days for each subsequent conviction. Provided, however, that in case such parent, guardian or other person shall, within three days from the time that he is notified by the Superintendent of Schools, present an excuse in writing satisfactory to such Superintendent of Schools, or in the case of School Districts, by the said official designated by the State Board of Education, and shall comply with the requirements of Section 41, he shall not be prosecuted for such offense. The mailing of a notice to the usual address of the offending party shall be deemed sufficient notification.

Section 43. The fines provided for by this Article shall, when collected, be paid over by the officers collecting the same to the Treasurer of the Board of Education of the Special School District or to the State Board of Education according to the residence of the person convicted, to be accounted for by such Treasurer or by said State Board of Education as other moneys raised for school purposes.

Section 44. The State Board of Education and the Board of Education of any Special School District (either separately or jointly) may establish special schools for children who are habitual truants or who are insubordinate or disorderly during their attendance upon instruction in the free public schools and may provide for the proper care, maintenance and instruction of such children in such schools and for such periods of time as the respective Board may prescribe. But before the pupil shall be placed in such special school, the parent, guardian or person in parental relation shall have opportunity to be heard.

Section 45. All truancy and incorrigibility shall be deemed disorderly conduct, and in case no special school, as herein prescribed, has been established, the State Board of Education and the Superintendents of Schools of the Special School Districts, and in the case of School Districts, officials designated by the State Board of Education, shall proceed against such truant or incorrigible pupil as a disorderly person, and upon conviction, the pupil may be sentenced for a definite time to the Ferris Industrial School for Boys or Delaware Industrial School for Girls. The State Treasurer shall pay to the authorities of the said school, on a claim submitted by the authorities in such school and countersigned by the Superintendent of Schools of the Special School District concerned, and in the case of School Districts, submitted and countersigned by the said official designated by the State Board of Education, the sum of fifty cents per day, from money not otherwise appropriated, for each day such pupil is confined in said institution.

Section 46. The State Superintendent of Public Instruction and Superintendents of Schools in Special School Districts, or persons designated by such Superintendents, shall issue employment certificates, permits and badges and the principal or the head teacher of the several free public schools shall make out and sign such records as are required by the laws regulating child labor as provided by Article III of Chapter Ninety of the Revised Code.

ARTICLE VI SCHOOL FUND

Section 47. The State Treasurer shall be Trustee of the School Fund, with power to receive, sue for and recover any money or property bequeathed, given or belonging to said Fund; to vote as holder of any stock belonging to said Fund, except as to stock of the Farmers' Bank; to lease any real estate devised, given or belonging thereto, for terms not exceeding three years, and to distrain for and collect the rents thereon accruing, and to improve and manage such estate.

Section 48. All moneys and property given to or appropriated to said Fund shall be and become a part of the School Fund of the State of Delaware, for the purpose of free public education in Delaware.

ARTICLE VII AUDITOR OF ACCOUNTS

Section 49. The Auditor of Accounts shall each year as soon as possible after July first audit the investments, the business and financial transactions, the records and accounts of the Trustee of the School Fund and all other accounts of the State Board of Education, the Boards of Education of the Special School Districts and the Boards of School Trustees. The State Board of Education shall publish the results of such audit, and shall also mention the name of any person who has made within the last year a gift to said funds, with the amount or value thereof.

ARTICLE VIII SCHOOL BUILDINGS AND GROUNDS

Section 50. The Boards of Education of Special School Districts and the Boards of Trustees of School Districts shall file with their biennial school budgets of the year in which there is a Legislative session, a proposed building program which shall embrace:

1. Plans for ample, appropriate and suitable school sites and playgrounds.

2. Plans for buildings and equipment.

The State Board of Education shall consider such proposals, and may confer with such Boards and may with the consent of such Boards, alter, change, modify, add to and adjust such proposals.

If said State Board of Education shall finally approve such proposed plan, it shall for the two succeeding years be the school building plan of such School District or Special School District, and if there are funds available for the purpose such plans may be carried out by the respective Boards. The State Board of Education may include such part of the total cost of all such plans in its biennial school budget as it thinks proper to be appropriated by the State.

Section 51. The said State Board of Education, Special School District Boards of Education and the Board of Trustees of School Districts are authorized and empowered to carry out such plans when so approved by the State Board of Education and are empowered to purchase grounds and buildings, rent grounds and buildings, improve and repair buildings and construct new buildings, and do such other things as are necessary to the carrying out of said building plan. In the remodeling of old buildings or the construction of new buildings they may employ an architect approved by the State Board of Education to assist in the preparation of plans and specifications.

Such Boards may receive donations of playgrounds, school grounds and school sites, or of buildings already built suitably located and adapted to school purposes, but in no case shall any site be built upon, or any buildings accepted until a good and sufficient title has been obtained for the same in the name of the Board; provided that in the case of School Districts such title shall be taken in the name of the State Board of Education.

Section 52. When lands shall be required for the site of a schoolhouse, or for enlarging a schoolhouse lot, or for play grounds or other school purposes, and the State Board of Education or the Board of Education of the Special School District shall for any cause be unable to contract with the owner or owners thereof upon what they deem to be a fair valuation thereof, such Boards may institute condemnation proceedings; but no lot so taken or enlarged shall exceed, in the whole ten acres, including the land occupied by the school building.

Whenever it shall be necessary to institute condemnation proceedings to acquire any land for school purposes as provided in this Article, the Board may apply to the Associate Judge of the State of Delaware, resident in the county where such land is located, for the condemnation thereof, and the said Resident Judge shall thereupon appoint five judicious and impartial freeholders residing in the district applying for such condemnation, to view the premises and assess the damages which the owner, or owners, will sustain by reason of the taking of the said lands for the purpose aforesaid. The freeholders shall be sworn or affirmed faithfully and impartially to perform the duties assigned them. They shall give ten days' notice, in writing to the owner, or owners, of the premises proposed to be condemned, if within the State and to the Board of the time of their meeting to view the premises and assess damages. If the owner, or owners, reside outside of the State, or if under legal disability, and have no legal representative in the State, publication of such notice shall be made in some newspaper in the county in which proceedings were instituted at least ten days prior to the date fixed for said meeting, and such publication shall be sufficient notice thereof. The said freeholders shall ascertain and assess damages to the owner or owners, taking into consideration all circumstances of convenience or injury, but shall allow, at least, the cash value of the land taken, and shall certify their award to the owner, or owners, and, also to the Board applying, and shall return a record of their proceedings, with their finding and award, to the Prothonotary of the County in which the proceedings are instituted. If the said freeholders shall be guilty of misconduct in their proceedings, or if they shall make a grossly improper award, the said Judge shall, on application, set aside their award, and shall appoint other freeholders in their place, who shall proceed anew in the manner hereinbefore provided, and in like manner may set aside their finding or award, or the finding or awards of freeholders subsequently appointed for the purpose aforesaid, until a fair and equitable award has been made and accepted. The said Judge may substitute other freeholders in the place of any freeholder who for any reason may be unable to serve. When the final award has been made and accepted the proceedings shall be duly recorded by the Prothonotary. When the amount of damages has been ascertained the said State Board of Education or the said Board of Education of the Special School District may pay, or tender the amount thereof within two months to the person or persons entitled thereto, or if, for any reason, payment cannot be made to the owner or owners, the amount of the said damages may be deposited to the credit of the persons entitled thereto in the Farmers' Bank of the State of Delaware, at the county seat of the county in which said proceedings are instituted, and thereupon the said lands may be taken and occupied for the use and purpose for which said lands were condemned. The said freeholders shall be allowed three dollars per day for their services, which sum, together with other expenses of the condemnation proceedings, shall be paid by the Board applying.

Section 53. The Board of Education of the Special School District is authorized, and empowered to issue bonds on the credit of the school district, in amounts sufficient to carry out the building program of said district approved by the State Board of Education.

Said Board of Education of any school district shall not issue bonds for the purpose of this Section in a greater amount in the aggregate than five per cent of the assessed value of the real estate of such school district. Such bonds shall not be issued or sold at less than their face value, and shall be issued in series, and all bonds authorized to be issued at any time within a calendar year shall constitute a series. No bond of any given series shall run more than twenty-five years. The bonds provided in this Section shall be in such denomination or denominations, in such form, and shall bear such rate of interest, not exceeding six per cent., per annum, as shall be determined by the Board of Education of the district. The said bonds shall be signed by the President and one other member of the said Board of Education. The Board of Education is authorized to adopt a seal to be used in the execution of said bonds. The faith and credit of the school district issuing such bonds shall be deemed to be pledged for the payment of the principal and interest of such bonds. The said bonds shall be denominated as of the district and year in which they are issued, and the principal and interest shall be made payable at the branch of the Farmers' Bank in the county in which said bonds are issued, and the said bonds shall be exempted from all state, county or municipal taxes.

The text of the bonds shall provide for the payment of interest of any series of bonds and of the principal of any series of bonds by equal payments each year for twenty-five years, or for the period of such series of bonds. The authority to issue such bonds shall be construed to be authority to provide for the interest and annual payments on such bonds which, without further authority, shall be provided for by an additional tax levy on the real and personal property of the district issuing such bonds as provided by Article IX, of this Act.

The bonds to be retired shall be ascertained each year by lot or otherwise and when called for redemption shall be surrendered by the holders thereof on the date fixed for redemption. Interest on bonds so called for redemption shall cease on the date fixed for redemption.

Before any bonds shall be authorized and issued under the provisions of this Section a special election shall be held in the usual places and in the same manner as other school elections of which notice shall be given by advertisements setting out the purpose of said election published in at least two newspapers in the county at least once a week for at least two weeks before the day of said election, the last publication thereof to be at least five days before the said election, and by notices being posted on the door of the voting place where such election is to be held. In all of said advertisements and notices the amount of bonds proposed to be issued and the purposes and reasons therefor shall be set forth plainly and in detail. At said election every person qualified to vote at a general election shall be entitled to vote. At said election, at each voting place there shall be provided a sufficient number of ballots on which shall be written or printed the words "for the bond issue", and an equal number of ballots on which shall be written or printed the words "against the bond issue," and each voter shall be entitled to receive both of said ballots one of which the voter may deposit as his or her ballot, but any voter may prepare his or her own ballot and deposit that in lieu of the ballot provided as aforesaid. The polls for said election shall open at one o'clock P. M. of the day advertised for the said election according to said advertisements and remain open until eight o'clock P. M. of the said day and the said election shall be held by such persons as shall be designated by the Board of Education of the district concerned, and if the persons so designated are not present at the time for opening the polls the voters present may name election officers consisting of an Inspector, two Judges and two Tellers to hold said election. For determining the result of said vote, the officers holding the election shall at once ascertain the result, and certify the same and deliver the ballots cast to the State Board of Education, which shall sit on the fourth day after the vote, Sundays and legal holidays excepted, and canvass the vote, and declare the result by an advertisement published in two or more newspapers of the county in which the district is located. Upon the application of twenty-five voters of any voting district in which the election is held filed with the State Board of Education before it begins its canvass of said vote, the State Board of Education shall recount the ballots voted in any such election district, and if any difference in the result shall be found they shall cause the certificate or certificates of the result to be corrected in accordance with such recount. The State Board of Education shall make out a certificate of the result of such vote which shall be filed and kept in the offices of the State Board of Education as a public record. If at such election a majority of the vote cast throughout said district shall be for the bond issue, then bonds to the amount voted upon shall be issued as in this Section provided, but if at such election a majority of the votes cast shall be against the bond issue, then the bond issue proposed shall not be made.

No grounds shall be purchased or contracts made in contemplation of such bond issue.

ARTICLE IX LOCAL TAXATION

Section 54. Any School District, any Special School District, or the Public Schools in the City of Wilmington, may, in addition to the amounts apportioned to it by the State Board of Education, levy and collect additional taxes for school purposes upon the assessed value of real estate and personal property in such district, as determined and fixed for county taxation purposes.

Before such tax is levied, a special election shall be held at the usual place or places for holding school elections in the school district. Notice shall be given for such election by notices posted on the door of the school house where such election is to be held, at least ten days before the day of holding such election and by such advertisement in newspapers of the district or county as, in the judgment of the Board of the district, will give notice to the voters of such election. In such notice, the amount to be raised and the purposes of raising the same shall be stated. At such election every person qualified to vote at the school election in the district shall be qualified to vote.

The election shall be held by such persons as shall be designated by the Board of the district. If the persons so designated or any of them are not present at the time for opening the polls the voters present may name persons to take the place of those who are absent. The vote shall be by ballot on which is written or printed: "For additional tax," or "Against additional tax." The polls shall open at two o'clock in the afternoon and close at five o'clock in the afternoon.

The officers holding the election shall meet after the close thereof to ascertain the result and certify the same to the State Board of Education if the election is held in any School District, and to the Board of Education of a Special School District if the election is held in a Special School District, who shall, on the third day after the election, declare the result of such election in such manner as shall be deemed proper. If ten or more voters of the district in which the election is held shall petition for a recount before the day for announcing the result to the State Board of Education, if the election is held in any School District, or the Board of Education of any Special School District if the election is held in any Special School District, the ballots cast in the district shall be recounted and the results shall be announced in accordance with such recount. The ballots shall be retained and kept safely until the day for announcing the result and shall be delivered to the Board making the recount when called for by it. If, at such election, the majority of the votes cast shall be for additional tax, the said tax shall be levied and collected as follows:

The Board of School Trustees or the Board of Education of a Special School District in which the tax is to be levied shall cause to be made from the assessment records of the county in which the district is located, a list of all the taxables of the district, showing the property assessed against such taxables and the assessment of such property. There may also be added a poll tax on all persons twenty-one years of age and upwards residing in the district of such amount as shall be determined by the Board.

A copy of the assessment list shall be posted in some public place of the district for inspection and the Board shall advertise such posting in at least five public places of the district, giving notice that such list is posted and where, and the day, hour and place (not less than five days thereafter) of their sitting to hear objection9. Upon such hearing the said Board shall make such corrections and additions as shall be right and proper.

Upon the completion of the assessment, the Board shall fix the rate sufficient to raise the amount determined to be raised at that time with an addition of ten per cent added thereto for delinquencies and costs of collection. The Board shall then execute and deliver its warrant with a duplicate of the assessment list to the collector specially appointed by the Board. Such collector shall be appointed by the Board and shall be required to give such bond as shall be required by the Board. In collecting the said tax, he shall proceed in the manner and have all the powers of the collector of county taxes. He shall pay over all moneys collected by him to the Board, as collected and shall finally account to said Board when required to do so. Said Board shall in such final accounting allow such delinquencies and errors as are right and proper to be allowed and shall pay such collector a proper compensation for his services. In the case of a School District, the moneys raised by such levy shall be paid over to the County Treasurer and paid out by him on the orders of the Board of Trustees of the School District, and in the case of a Special School District, on the orders of the Board of Education of the Special School District, the said orders being signed by the presiding officers and Secretaries of the said Boards and said moneys shall be used exclusively for the purpose for which the levy is made.

ARTICLE X PRIVATE SCHOOLS

Section 55. All persons conducting private schools, and all private educational associations, corporations, or institutions shall report to the State Board of Education annually, on or before the thirty-first day of July, as to enrollment, age of pupils and attendance. Such persons shall also submit a monthly report on forms provided by the State Board of Education, to the State Board of Education; giving the name of each pupil enrolled, the date of enrollment, total days of attendance to date, and the number of days in attendance during the month for which the particular report is made.

Private teachers and the principal or head teacher of private schools or educational institutions shall make out and sign such records as are required by the laws regulating child labor as provided by Article III of Chapter Ninety of the Revised Code.

ARTICLE XI SMITH-HUGHES VOCATIONAL EDUCATION ACT

Section 56. The State of Delaware accepts the benefits of the Smith-Hughes Vocational Education Act passed by the Senate and House of Representatives of the United States of America, in Congress assembled, entitled, "An Act to provide for the promotion of vocational education ; to provide for co-operation with the State in the promotion of such education in agriculture and the trades and industries; to provide for the co-operation with the State in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure," and will observe and comply with all the requirements of said Act, and the State Treasurer is hereby designated as custodian of any funds accruing to the State from the aforesaid Act.

The State Board of Education is authorized, empowered, directed and required to co-operate with the Federal Board of Vocational Education in the administration of the provision of this Act.

ARTICLE XII DISTURBING SCHOOLS

Section 57. Any person who shall disturb a public school in session or willfully destroy any public school property shall, upon conviction thereof be deemed guilty of a misdemeanor, and shall upon conviction forfeit and pay twenty dollars, to be collected as other fines, and paid to the Board of School Trustees or the Board of Education of the Special School District for the benefit of the respective district; or said offender shall be imprisoned not exceeding thirty days, or both, in the discretion of the Court.

ARTICLE XIII STATE SUPPORT AND DISTRIBUTION

Section 58. The free public schools of the State of Delaware shall be maintained and supported:

1. By a uniform tax on personal and real property in the respective counties at the rate of twenty-five cents on each one hundred dollars of assessed value as determined and fixed for county purposes;

2. By the revenue derived from the income of the State School Fund;

3. By all revenue derived from any personal income tax, or corporation tax, collected by the State;

4. By all revenue derived from all taxes on corporations collected by the State including franchise taxes collected under the provisions of Article 8, of Chapter 6, of the Revised Code.

5. By such moneys as shall be appropriated from time to time as additional appropriations made by the General Assembly for the support and maintenance of the free public schools of the State.

Section 59. The Levy Court of each respective county is authorized and empowered, directed and required, at the time of levying the taxes in the county for county, road and poor purposes, to levy an additional tax at the rate of twenty-five cents on each one hundred dollars of assessed value, as determined and fixed for other county taxation purposes of all personal and real property in and of the respective county which shall be collected as other county taxes are collected and shall be apportioned among the Special School Districts and the School Districts and the public schools in the City of Wilmington, as directed by the State Board of Education.

Section 60. The revenue derived from income taxes and tax on corporations and all fees received from the operation of income tax and corporation tax laws shall be set aside by the State Treasurer for school purposes and shall be paid out as provided in this Act on the order of the State Board of Education.

Section 61. The General Assembly shall, at its biennial session, beginning with the session of 1921, make provision for the annual payment for the succeeding two years to the free public schools of the State an amount which shall amply provide for the items of the official school budget not provided for by the county tax on personal and real estate, the income from the State School Fund, the income from tax on personal incomes, and on corporations, the income derived from the tax on corporations and fees received from the operation of the said income tax and corporation tax laws.

Section 62. In addition to the amount above provided by the General' Assembly for school purposes the said General Assembly shall provide an appropriation in accordance with the requirements set forth in the annual official school budget of the State Board of Education, an amount sufficient to provide for a course for the training of school teachers in each of the counties of the State.

Section 63. Such appropriations as are made by the General Assembly, as aforesaid, such money as is derived from the income from the State School Fund, and such money as is received from the Federal Government for school purposes, under the Smith-Hughes Vocational Education Act, or any other like education act, shall be paid by the State Treasurer in accordance with the items of the official State School Budget and with the appropriations of the Legislature therefor, as required by the State Board of Education; but such payments shall be made only upon orders of the said State Board of Education, signed by its President, or its Vice-President, and its Secretary.

Section 64. No contract shall be made to extend beyond the period covered by the budget. Provided that if any Board should exceed the amount of its budget or the amount appropriated for items in the budget, they shall render themselves personally liable for such indebtedness so created.

Section 65. No right now possessed by, or security now enjoyed by, any creditor of any heretofore existing school authority or district, whether evidenced by bonds or otherwise, shall be impaired by this Act. All debts and claims against any present existing County Board of Education, when this Act goes into effect, shall be assumed by the State Board of Education, created by this Act.

Approved March 31, A. D. 1921.