2d. The Akron school law, with its various amendments.

3d. The act for the better regulation of the public schools in cities, towns, &c., passed February 21, 1849.

4th. The several enactments concerning teachers' institutes.

5th. School lands, and irreducible school funds.

7th. A selection of the published opinions of the late, and the present Commissioner, relative to the interpretation of school laws.

It will be observed that the laws are published in the form in which they now exist. Amended sections are indicated by reference to explanatory notes.

For the statement respecting the irreducible school funds, I acknowledge indebtedness to the late Commissioner, the Hon. H. H. Barney.

Το prepare suitable forms for conducting proceedings under our school laws, much care and labor have been expended; and it is believed that decided improvement has been made upon those heretofore in use. In the preparation of these forms, a large number of the Auditors of Counties have been consulted. The form for teachers' register was, at my request, furnished by A. J. Dildine, Esq., Auditor of Fairfield county.

Of the numerous published opinions of my predecessor, not a few have become inapplicable, by reason of changes in the school law, enacted since their publication. Of the remainder, I have selected nearly forty, which, together with twenty of my own, are inserted in this volume. It is believed that they will prove convenient to school officers throughout the State; and it is hoped that they will obviate the necessity of much of the correspondence which has hitherto been required of this department.

ANSON SMYTH,

State School Commissioner.

SCHOOL LAWS IN FORCE.*

CHAPTER I.

GENERAL SCHOOL ACT.

An Act to provide for the reorganization, supervision and maintenance of Common Schools.

[Passed March 1, 1853, LI vol. Stat. 429.]

Townships

tricts; school districts are sub-districts.

Board of edu

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That hereafter each and every organized township compose disin the state shall compose but one school district for all purposes connected with the general interests of education in the township, and shall be confined to the management and control of a board of education, and the several school districts and fractional parts thereof, which now are, or may hereafter cation. be established in the several organized townships of the state, shall be regarded as sub-districts, and be confided to the management and control of local directors, as hereinafter provided; but nothing contained in this act shall be so construed as to tors. give to the township board of education, or to local directors in sub-districts, jurisdiction over any territory in the township included within the limits of any city or incorporated village, with the territory annexed thereto for school purposes, which Cities, &c. shall elect or appoint a board of education as hereinafter provided, or which now is, or may hereafter be governed, as to schools, by any special or other act, specified in the sixtyseventh section of this act,

*For the convenience of reference, the following acts are numbered as chapters.

Local

direc

ELECTION OF LOCAL DIRECTORS.

When, where, SEC. 2. On the second Monday of April, in the year and how directors elected. eighteen hundred and fifty-three, there shall be held at the usual hour and place of holding district meetings in each of the sub-districts of the several townships of the state, a school meeting of the qualified voters resident within the sub-district, and having the qualifications of voters at the state and county elections, who, when assembled, shall organize by the appointment of a chairman and secretary, and proceed to elect, by ballot, three school directors for such sub-district; of those so elected, the person receiving the highest number of votes Term of office. shall hold his office for three years; the person receiving the

next highest number, shall hold the office for two years; and the person receiving the next highest number, shall hold the office for one year; and each shall continue in office until his successor is elected and qualified. In case two or more persons so elected have received an equal number of votes, the duration of their respective terms of office shall be determined by lot, in the presence of the chairman and secretary of the meeting; and annually thereafter, in the same manner, on the second Monday in April, there shall be elected in each subdistrict of the proper township, one school director for the term of three years; and the minutes of the proceedings of any such district meeting shall be signed by the chairman and secretary, and delivered to the directors, who shall have Clerk to record been elected as aforesaid, to be recorded by the clerk in the records of the sub-district, and the said clerk of the sub-disClerk to cer- trict shall forthwith certify to the township clerk, the names tify. of the local directors so elected, specifying the term for which each was elected; if the directors of any sub-district so elected, shall deem it expedient, they may designate the cific hour of the day on which the annual election for such subdistrict shall be held, and in such case, shall cause five days'

Minutes of the meeting.

Hour of holding election. Who may des. ignate. Five days' notice to be given.

Official oath.

spe

notice thereof, in writing, to be posted up in three of the most public places in such sub-district.

SEC. 3.* The said directors, within five days after their *As amended April 17, 1857.

election, shall take an oath or affirmation to support the constitution of the United States, and of the state of Ohio, and faithfully and impartially to discharge the duties of their office; which said oath the directors are authorized to administer to each other. And in case a vacancy shall occur in the office of director, by death, resignation, refusal to serve, or otherwise, it shall be the duty of the township clerk to fill such vacancy Vacancy, how within ten days after being informed thereof, by the appointment of some suitable person, who shall hold his office until the time of the next annual meeting, when a director shall be elected for the remainder, if any, of the unexpired term, in the manner prescribed in section two.

filled.

SEC. 4.* If the qualified voters of any sub-district shall fail Special meet to meet and elect school directors, as prescribed in sections directors. ing to elect two and three, it shall be lawful for any three qualified voters of such sub-district to call a special meeting of the voters of such sub-district, for the purpose of electing directors, on first giving five days' notice in writing, of the time and place of holding such meeting, by posting the same in three of the most public places in such sub-district; and the directors so Terms of ofelected at such special meeting shall hold their offices for the unexpired term which they were respectively elected to fill.

fice.

SEC. 5. It shall be the duty of the directors, any two of How directors whom shall constitute a quorum, to meet as soon as practica- to organize, ble after having been elected and qualified, at such place as ings. may be most convenient in the sub-district, and organize by appointing one of their number clerk of the sub-district, who Clerk of subdistricts; dushall preside at the official meetings of the directors, and ties of. record their proceedings in a book provided for the purpose, together with the minutes of the proceedings of the annual school meetings held in the sub-district, by the qualified voters thereof, which shall be a public record; and all such proceedings, when so recorded, shall be signed by the clerk of the proper sub-district. The directors may meet as frequently as they may think necessary for the transaction of business,

As amended April 17, 1857.

Their duties.

Township clerk to draw

orders on treasury.

Duties of local

directors continued.

and fill any vacancies in the office of clerk which may occur in the sub-district; or, in case of his absence, either of the other directors may officiate temporarily in his place.

DUTIES OF LOCAL DIRECTORS.

SEC. 6. It shall be the duty of the school directors, in each sub-district, to take the management and control of its local interests and affairs, to employ teachers, to certify the amount due them for services to the township clerk, who shall draw an order on the township treasurer for the amount; and to dismiss any teacher, at any time, for such reasons as they may deem sufficient; and to visit the school or schools of the sub-district at least twice during each term, by one or more of their number, with such other person or persons competent to examine pupils in their studies, as they may choose to invite. SEC. 7. It shall be the duty of the directors, in their respective sub-districts, to negotiate and make, under such rules and regulations as the township board of education may prescribe, all necessary contracts in relation to providing fuel for schools, repairing, building, or furnishing school-houses, purchasing or leasing school-house sites, renting school-rooms, and making all other provisions necessary for the convenience and prosperity of schools within their sub-district; but no of board to be contracts shall be made by the directors, under the provisions of this section, for the payment of money from the township school fund applicable to such purposes, which in any one year shall exceed the amount distributable to the sub-districts, in proportion to the enumeration of scholars resident therein, without first obtaining the consent or order of a majority of Contracts to the township board of education; and all contracts made by be reported to board. Board the local directors, under the provisions of this section, shall responsible for performance of be reported to the said board, at their next meeting after the

When consent

obtained.

contracts.

making of such contracts; and said township board of education, in their corporate capacity, on the part of the sub-district,

shall be held responsible for the performance thereof.

SEC. 8.* It shall be the duty of the directors in each sub*As amended April 17, 1857.