are not to be prohibited; but no pupil is to be required to engage in them against his conscience or contrary to the wishes of his parents or guardian. (k) SEC. 39. A school day shall not comprise more than six hours A day. exclusive of recesses. A school month contains twenty-two days exclusive of the a month. first and last days of each week. A school term contains three school months. A term. A year. SEC. 40. All recognized State or national holidays are school Holidays. holidays; also the time necessarily spent by a teacher in going to, attending and returning from a teacher's institute. (k) SEC. 41. Lost time may be made up by a teacher, at the dis- Lost time. cretion of the School Trustee, when no conflict would be occasioned with the arrangements of the Board of Public Instruction. (k) SEC. 42. One half day in each week may be devoted to in- Manual labor. struction in some branch of needle work or manual labor. (k) one county SEC. 43. When it is more convenient for youth residing in Resident of one county to attend school in an adjoining county, they may may attend do so by the concurrence of the School Superintendents of the in another. two counties. The proportion of school money for such youth shall be transferred, by requisition of the Superintendent of Schools of the county in which the youth resides upon the Treasurer of the school funds of that county, to the Treasurer of the school funds of the county in which the school is located. (k) funds or contributions. SEC. 44. When the citizens of a neighborhood desire the Benevolent benefits of a free public school prior to the system going into general operation, and when they shall have raised by gift or voluntary contribution among themselves a sum sufficient to defray one-half the salary of a teacher or teachers for not less than three months, and have secured the payment of the same to the satisfaction of the Board of Public Instruction, and made suitable arrangements for the accommodation of the school and the board of the teacher, then the Board of Public Instruction shall notify the County Commissioners of the amount and the purpose for which the money is required, and the County Commissioners shall, at the next levy and collection of taxes, raise the same amount, not to exceed one dollar per month for each pupil entitled to attend the school; and the Board of Public Instruction shall open the school accordingly, and use the funds so collected for its support. (k) to forfeit school SEC. 45. Any county (or school district) neglecting to estab- Counties and lish and maintain for at least three months in any year such school districts school or schools as the available funds will support, shall for- money in cerfeit its proportion of the common school funds during such tain cases. neglect; and in that case all moneys so forfeited shall be ap (k) Secs. 30, 31, 32, 33, 34, 35 and 36, Chap. 1686, Act of Jan. 30, 1889. Census taken portioned among the several counties at the next annual apportionment. (1) SEC. 46. It shall be the duty of the Tax Assessor of each of children be- county, at the time of assessing the taxes of his county, tween four and in the year A. D. 1876, to take the census of all the children six and twenty- of the county between the ages of four and twenty-one, also six twenty-one, and one, and of mutes. Forfeiture for failure to obey this law. Census by County Superintendent. Manner of assessing and collecting school tax. County Treasu and twenty-one years, and if any of them be deaf mutes that he so state and report the same on oath to the County Superintendent, on or before the first of June following, and every four years thereafter, for which services he shall receive three cents for each child reported to the County Superintendent, and upon failure of the Tax Assessor to perform the duties herein required, he shall forfeit the sum of fifty dollars, to be deducted from the sum which the County Commissioners may allow him for assessing the taxes of the county. (m) SEC. 47. In case the Tax Assessor fails to take the census of the children, as above provided, in any year, then the County Superintendent of Schools shall perform that duty. (n) SEC. 48. The special tax of one-tenth of one per cent. on the assessed value of the taxable property of the State, which is provided for by Section five, Article VIII. of the Constitution, shall be collected at the same time and in the same manner as other taxes. And the Tax Collectors of the several counties shall pay the same over to the Treasurer of the Board of Public Instruction in and for their respective counties, taking duplicate receipts for the same; one of which receipts he shall forward to the Treasurer of the Board of Education at the Capital, who shall receive and receipt for the same, and charge the amount thereof to the county from whence it was received. The Treasurer shall then pass said receipt to the Comptroller, who shall credit the amount thereof to the collector of the county from whence it was received. (0) SEC. 49. The County Treasurers of the several counties in rer to be reas- this State shall be, and the same are hereby, constituted the Treasurers of the School Funds in their respective counties. (p) urer of School Fund. Duties Treas urer Board of Education. SEC. 50. The Treasurer of the Board of Education shall keep an account with each of the several counties, in which account he shall credit each county with its proportion of the income of the common school fund, and of the fund raised by the onemill tax authorized by the Constitution, and shall charge them with the amounts receipted for by the Treasurer of the Board of Public Instruction to the Tax Collector, and all amounts paid to them by the State under the direction of the President of the Board of Education. (9) SEC. 51. If at any time it shall be found that the amount of (7) Sec. 5, Chap. 1858, Act of Jan. 27, 1871. (m) Sec. 1, Chap. 2008, Act of Feb. 19, 1974. (n) Sec. 39. Chap. 1688, Act of Jan. 30, (0) Sec. 1, Chap. 1858, Act of Jan, 27, 1871. (p) Chap. 2085, Act of Feb. 27, 1877. (g) Sec. 3, Chap. 1858, Act of Jau. 27, 1871. Education. the one-mill tax collected in any county, as provided in Section Duties Treasforty-eight, is more or less than the amount apportioned to that urer Board of county, it shall be the duty of the Treasurer of the Board of Education to adjust the balance with the Treasurer of the Board of Public Instruction for said county in the apportionment of the interest of the common school fund. (q) to common SEC. 52. Every officer who may hold or may hereafter re- Fines to be ceive moneys paid as an exemption from military duty, or any urer, and by paid to Treasfine collected under the penal laws of this State, together with him credited twenty-five per centum of the proceeds of the sales of the pub- school fund. lic lands of the State which may have been received since the adoption of the present Constitution, or may hereafter be received from above resources, shall pay the same to the Treasurer of the State, to be by him placed to the credit of the Common School Fund, any act to the contrary notwithstanding. (r) case officers SEC. 53. Any officer who may neglect or refuse to pay over Penalty in moneys as above directed shall be deemed guilty of embezzle- neglect to pay ment, and shall be fined in a sum not less than double the over fines. amount withheld by him, one half to go to the informer and the other half to the Common School Fund. (r) and obscenity. SEC. 54. Any person who shall wilfully cut, paint, paste or For damage deface, by writing, or in any other manner, any school building, furniture, apparatus, appliance, out-building, grounds, fence, tree, post or other school property, with obscene word, image or device, shall, upon conviction before any court of competent jurisdiction, be liable to a fine not exceeding one hundred dollars, or imprisonment in the county jail not exceeding fifteen days, or by both such fine and imprisonment. (s) SEC. 55. Any person who shall, within the school-house or Insulting grounds, upbraid or insult any teacher in the presence of the teacher." pupils, shall, upon conviction, be liable to a fine of twenty-five dollars. (8) SEC. 56. All matters of difference which may arise between Arbitrations school officers and teachers, or other persons, under the opera- binding. tions of this chapter, shall be submitted to the decision of arbitrators, to be chosen one by each party. If the two cannot agree they shall choose a third, and the decision of any two of them shall be binding. (s) duties of ar SEC. 57. Arbitrators shall have power to administer oaths, Powers and send for persons and papers, take testimony, and determine bitrators. both the matter in dispute and the costs of the arbitration. They shall file a copy of their proceedings and decision in the office of the County Superintendent of Schools. (s) SEC. 58. Arbitrators shall receive the same compensation as Compensation. county jurors. (8) SEC. 59. No action shall be entertained in any court at law (q) Sec. 6, Chap. 1858. Act of Jan. 27, 1871. (r) Secs. 1 and 2, Chap. 1723, Act of June 24, 1869. (*) Secs. 40, 41, 42, 43 and 44, Chap. 1686, Act of Jan. 30, 1869. No action in court. Appeal. Final decisions. on matters in dispute arising under the operations of this chapter, that can be settled by arbitration. (8) SEC. 60. Parties aggrieved or dissatisfied with the acts or decisions of school officers may appeal within ten days to the next superior authority. (8) SEC. 61. The decisions of the Superintendent of Public Instruction, or of the Board of Education, shall be final. (8) CHAPTER 177. SCHOOLS-COUNTY SUPERINTENDENT OF. County Superintendent. Preparatory inspection. 1. General duties : are qualified. To make preparatory inspection as to location of schools. To keep record of each school. To present plans for school build- officers to State Superintendent. ings. Duties as to visiting schools and To excite interest in education. To decide disputed questions. To examine candidates. When to revoke or suspend certificates. SECTION 1. It is the duty of the County Superintendent of Schools, and he is hereby directed, To make timely inspection of the county, to ascertain the localities in which schools should be established, the number of youth who would attend each, and the amount of aid that citizens will contribute to encourage the establishing of any one school. To present to the Board of Public Instruction plans and esPlans for build-timates for constructing school buildings and making other improvements which he may deem necessary. ings, &c. Visit each school once a ine its affairs. To visit each school at least once during each term and make a thorough examination of the condition of the school as reterm and exam- spects the progress of the pupils in learning, the order and discipline observed, the system of instruction pursued, the attendance and progress of the pupils, the mode of keeping the school records, the character and condition of the school buildings, furniture, books, apparatus and premises; the efficiency of the School Trustees, the interest and co-operation of the citizens in regard to educational matters, the condition and usefulness of the libraries, and to give such advice as he may judge proper. To do all in his power to awaken an increased interest in (8) Secs. 45, 46 and 47, Chap. 1686, Act of Jan. 30, 1859. parents, guardians, school trustees and teachers, with regard to Excite interest the better education of youth in every respect, and in the gen- in education. eral diffusion of knowledge. To confer with school trustees frequently, and see that they Confer with attend to their duties, keeping them supplied with copies of trustees. the school law, decisions, blanks, and regulations of the De partment. To select for School Trustees persons whose characters, Qualifications qualifications and sympathy with education specially commend of trustees. them to those positions. To keep a record by number, name, and description of local- An account ity of each school established, of the expenses incurred for with school. and of his visits of inspection to the several schools. To notify the State Superintendent immediately on their Report names. entering upon their duties the names and addresses of all county school officers and teachers. To decide upon questions in dispute which arise under the Decide disputed operations of this chapter, when submitted to him by. the par- questions. ties interested, or to refer the case to the Board of Public In struction. interests. To see that the interests of the county are properly re- Watch over garded, and its rights secured in the making and performance the school of every contract for the construction of school buildings, or for other purposes; and that all moneys apportioned to, or raised by the county, are applied to the objects for which they 15 Fla., 678. were granted or raised. Public In To establish and conduct schools in the county, under the Act instead direction of the State Superintendent, before the Board of of Board of Public Instruction shall have been organized, or when the struction. Board, without sufficient reason, and in disregard of the public good, fail or neglect to establish and maintain free public schools for all the youth as herein provided, and to perform all acts needful for the accomplishment of the object, in the stead of the Board of Public Instruction in such cases. To examine candidates for teaching when empowered to do Examine canso by the Board of Public Instruction. didates. tificates. To revoke or suspend such certificates, and to suspend those Revoke or issued by other authority for cause manifestly sufficient; giv- suspend cering notice in writing to the authority issuing them, and of the grounds for so doing; also notifying the teacher in like manner, and of the right of appeal; to whom and when such an appeal should be made. (a) (a) Sec. 21, Chap. 1686. Act of Jan. 30, 1859. |