those actually dependent upon him; or where the child is physically or mentally incapacitated for the work done in the schools; or where the child lives more than 2 miles from the school by the nearest traveled road, unless free transportation to and from such school is furnished. In case exemption is claimed on account of mental or physical incapacity, the school authorities shall have the right to employ a physician who shall have authority to examine such child, and if such physician shall declare that such child is capable of undertaking the work of the schools, then such child shall not be exempt from the requirements of this law. In case exemption is claimed and granted on account of youth of the age of 14 years being compelled to support themselves or those dependent upon them, such youth may be required to attend a public evening school or some other suitable school for not less than two hours each school day, during the time provided for school attendance.

All persons of from 7 to 18 years of age, residents of this State, who by reason of partial or total blindness or deafness are unable to obtain an education in the public schools, shall be required to attend the institute for the blind or the school for the deaf, unless said persons are being privately or otherwise educated, or unless (under the provisions of chapter 22, Compiled Statutes of Nebraska of 1901) they are not subjects for admission to the institutes for the deaf and dumb and blind.

In case exemption is claimed on account of attendance at a private or parochial school, or on account of attendance upon suitable instruction elsewhere given, the authorities of the private or parochial school so attended, or the person giving elsewhere such instruction, shall keep a record showing the names and ages of all children enrolled, the number of the school district, and the county of their residence, the number of days such child or children claiming exemption were members of such school or attendants upon such instruction, the days on which such pupils were present and absent, respectively; and the authorities of such private or parochial school, or the person giving elsewhere such instruction, as well as the authorities of all public schools, shall furnish at the end of each month a report to the county or city superintendent covering said items of record as above. And it is the duty of such county or city superintendent, upon the receipt of the report for the first month of school in said district and each two weeks thereafter, to compare such reports with the last census report on file in his office from such district, and prepare a list of all children or youth resident in such district who are not receiving instruction as required, and to transmit said list to the officer or officers in such district whose duty it is to enforce the provisions of this law.

District boards in other than city districts may appoint a truant officer, or else the director shall act as such truant officer. Boards of education in cities shall appoint one or more truant officers. All truant officers shall qualify as special constables or police officers; shall see that the requirements of law are duly enforced in the districts for which they severally act; shall have authority to apprehend and take to his home or to some public, private, or parochial school any child subject to and violating the law; shall receive for such services a compensation to be determined by the district board or board of education to be paid out of the general school funds of the district as are other ordinary expenses of maintaining the school; and on failure or neglect to discharge the duties herein prescribed shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than $5 and not more than $25. Any truant officer who has reason to believe that any person having control of a child subject to the provisions of this law is neglecting or failing to comply with the provisions thereof shall immediately investigate the case and give written notice to such person that the law must at once be complied with, and if within one week after giving such notice the said person shall not have complied the truant officer shall file complaint against him in some court having jurisdiction, and upon conviction thereof he shall be punished by a fine of not less than $5 nor more than $25.

The county superintendent in each county shall, without additional salary, act as head truant officer, and it shall be his duty as such head truant officer to see that each truant officer in the county discharges properly the duties of his office.

Truant schools.-Boards of education in cities may establish and conduct special schools for the instruction of children who can not profitably or properly be cared for in the usual schools. Any child of school age who is habitually truant or incorrigible, or whose conduct and habits are such that he can not with profit to himself or justice to the other members of the school be retained and

instructed in the usual schools, may, upon complaint of the person having legal or actual control of such child, or of the principal or head of the school where such child is attending, or of the truant officer, be required by the superintendent of the city schools to attend a special school until such time as the child's habits and conduct become such as to make it advisable and proper for him to be received again into the usual school. These special schools shall be taught in such localities as may be considered proper and suitable by the board of education. They shall give instruction in the branches required by law to be taught in the common schools. They shall be as good in conveniences, equipment, and condition of health as the usual schools of the city where they are situated, and they shall be taught by teachers specially fitted by nature and experience to control and instruct wisely and successfully the special class of children to be educated therein.

Text-books.-District school boards, boards of trustees of high school districts, and boards of education in cities shall purchase all text-books necessary for the schools of such district, and they are further authorized to enter into contract as hereinafter provided with the publishers of such books for not to exceed five years. Before any publisher shall be permitted to enter into contract with any school district he shall file with the State superintendent a good and sufficient bond in the sum of $2,000 to $20,000 for the faithful performance of the conditions of such contracts and the observance of the law; and such publisher shall also file with the State superintendent a sworn statement of the lowest prices for which his series of text-books are sold anywhere in the United States. For the purpose of paying for schoolbooks the school district officers may draw an order on the county or township treasurer for the amount of schoolbooks ordered. The county or township treasurer shall pay orders drawn by school district officers for the purchase of schoolbooks out of any funds in his hands belonging to the district, except the money received from that derived from the teachers' fund. Any contract entered into with any publisher who shall subsequently become a party to any combination or trust for the purpose of raising the price of school text-books shall, at the wish of the school board of the district using such books, become null and void.

The State superintendent shall, within thirty days after the filing of the hereinbefore-mentioned sworn statement of prices of text-books, have the same printed and forward a sufficient number of certified copies of the same to each of the county superintendents of the State to furnish all the school districts of such county with one copy of each; and the county superintendent shall, immediately after receiving said certified copies of prices of books, send or deliver one of such certified copies to the director or secretary of each school district or board of education in such county, to be filed as a part of the records of such district; and he shall also file one of said certified copies of prices in his office as a part of the records of said office. It shall be the duty of the State superintendent to prepare and have printed a form of contract between district boards and publishers of school books, and to furnish the same, through the county superintendent, to the several district boards of the State; and no other form of contract shall be used by such district boards and publishers.

All books purchased by district boards shall be held as the property of the district and loaned to pupils of the school while pursuing a course of study therein free of charge; but the district boards shall hold such pupils responsible for any damage, loss, or failure to return such books at the time and to the person that may be designated by the board of such district.

The provisions of this law include all school supplies. Any pupil or parent may purchase from the board such books as may be necessary, at cost to the district. The board may designate some local dealer to handle books for the district, with such an increase above contract price to pay cost of transportation and handling, as may be agreed upon between said board and said dealer.

4. FINANCES.

Funds (permanent or special)—Taxation.

Funds (permanent or special). The governor, secretary of state, treasurer, attorney-general, and commissioner of public lands and buildings shall, under the direction of the legislature, constitute a board of commissioners for the sale, leasing, and general management of all lands and funds set apart for educational purposes and for the investment of school funds in such manner as may be prescribed by law.

The following are perpetual funds for common school purposes, of which the annual interest or income only can be appropriated, to wit: (1) Such per cent as has been or may hereafter be granted by Congress on the sale of lands in this State; (2) all moneys arising from the sale or leasing of sections Nos. 16 and 36 in each township in this State, and the land selected or that may be selected in lieu thereof; (3) the proceeds of all lands that have been or may hereafter be granted to this State, where, by the terms and conditions of such grant, the same are not to be otherwise appropriated; (4) the net proceeds of lands and other property and effects that may come to the State by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons; (5) all moneys, stocks, bonds, lands, and other property now belonging to the common school fund.

All other grants, gifts, and devises that have been or may hereafter be made to this State, and not otherwise appropriated by the terms of the grant, gift, or devise, the interest arising from all the funds mentioned in the preceding section, together with all the rents of the unsold school lands, and such other means as the legislature may provide, shall be exclusively applied to the support and maintenance of common schools in each school district in the State. All fines, penalties, and license moneys arising under the general laws of the State shall belong and be paid over to the counties respectively where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by-laws, or ordinances of cities, villages, towns, precincts, or other municipal subdivisions less than a county, shall belong and be paid over to the same respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of common schools in the respective subdivisions where the same may accrue.

Taxation. For the purpose of affording the advantage of free education to all the youth of this State, the State common school fund, in addition to the funds derived from the sale of school lands and interest thereon, and fines and forfeitures, as provided by statutes and the constitution, shall be further increased by annual levy and assessment of not to exceed 14 mills upon the dollar valuation on the grand list of the taxable property of the State; and the amount so levied and assessed shall be collected in the same manner as other State taxes, and when collected shall be semiannually distributed to the several counties of this State in proportion to the enumeration of scholars, and be applied exclusively to the payment of teachers' wages.

The several county superintendents shall, within twenty days after receiving such apportionment, and after adding thereto all moneys received by the county treasurer on account of fines and licenses, apportion the entire amount as follows, to wit: One-fourth of the whole amount to be distributed equally to the several districts in the county, and the remaining three-fourths of the whole to be distributed to the several districts in his county pro rata according to the enumeration of scholars last returned by the directors of the various districts; and no district, city, or village which shall have failed to sustain a school for the length of time required by law shall be entitled to receive any portion of the fund.

(See Schools-Length of term.)

The legal voters of a rural or village school district and of a high school district shall determine the number of mills on the dollar of assessed valuation, which shall be levied for all purposes except for the payment of bonded indebtedness and purchase or lease of schoolhouse, which shall not exceed 25 mills in any year, and shall be levied by the county board and collected as other taxes are collected. The board of education of schools in cities shall annually, during the month of June, report to the county commissioners an estimate of the amount of funds required for the support of the schools during the fiscal year next ensuing, and thereupon the county commissioners are authorized and required to levy and collect the necessary amount the same as other taxes.

The board of education in metropolitan cities shall annually, during the month of January, estimate the amount of resources likely to be received for school purposes, including the amounts available from fines, licenses, and other sources; they shall report during the month of January to the city council the number of mills tax on the dollar deemed necessary to be levied upon all taxable property of the district during the fiscal year next ensuing for the support of the schools, purchase of school sites, erection and furnishing of school buildings, payment of interest upon all bonds issued for school purposes, and for the creation of a sinking fund for the payment of such indebtedness; and the city

council shall levy and collect the number of mills tax so demanded by the board of education in the same manner as other taxes are levied and collected, but in case the purchase of school sites and the erection of buildings shall require an expenditure exceeding $25,000 for any one calendar year the question shall be submitted to a vote of the electors of the said district. The aggregate school tax shall in no one year exceed 2 per cent upon all the taxable property of the district.

NEVADA.

1. ORGANIZATION OF THE SYSTEM.

State board-State superintendent-County superintendent-County board of examination-District board.

State board. The State board of education shall consist of the governor, who shall act as president, the president of the State university, and the State superintendent, who shall be secretary. The board shall meet at least twice a year and has the following duties: To prescribe and cause to be adopted a uniform series of text-books, regulate State and county examinations, prescribe the course of study in the public schools, recommend a list of books for district school libraries, determine appeals from decisions of county superintendents, and grant life diplomas, educational diplomas, and State certificates to the graduates of the Nevada State normal school and to the holders of life diplomas of other States or of any State normal school.

State superintendent.-There shall be elected every four years a State superintendent of public instruction, who shall be paid an annual salary of $2,000. He shall apportion school money to the several counties, subject to the supervision of the State board; report to the governor biennially (of which report 250 copies shall be delivered to the State superintendent, who shall distribute the same among school officers of the State and the United States) a full statement of the condition of public instruction in the State, the condition and amount of all funds and property appropriated to the purpose of education, the number and grade of schools in each county, and number of children in each county between 6 and 18 years of age, the number of children of such ages attending public schools, number attending private schools, and the number attending no school, number under 6 years of age, number 18 to 21 years of age, amount of public school money apportioned to each county, amount raised by county taxation, district tax, rate bills, subscription, or otherwise, amount raised for building schoolhouses, plans for the management and improvement of public schools, and other information of educational importance. He shall prescribe and distribute the forms and books required by the service, compile the laws regarding schools and distribute copies thereof, visit the schools of each county in the State at least once in each year, and shall be allowed his traveling expenses, not to exceed $1,000 a year.

County superintendent.-The district attorneys, in addition to their duties as such, shall be ex officio county superintendents. It shall be the duty of the county superintendent to apportion the public school moneys in the county treasury among the several school districts, to visit each school in his county within 10 miles of the county seat at least once each term (provided he shall visit all the schools in his county once each year), exercise a general supervision over the interests of the public schools, distribute promptly the blanks, etc., received from the State superintendent, file the reports made to him, and report annually an abstract of all the various annual reports of the city boards of education, school trustees, marshals, and teachers, conduct all county institutes, appoint school trustees where none have been elected to fill vacancies, and to draw warrants for the purchase of schoolbooks to be furnished to indigent children. Should the county superintendent fail to make a correct report to the State superintendent he shall forfeit $200 from his salary. He may appoint a deputy, but the county shall not be responsible for the salary of the deputy. He or the deputy shall be present in his office during the business hours of each Saturday.

County board of examination.-(See Teachers-Appointment, qualifications, and duties.)

District board.—Each village, town, or incorporated city of this State shall

constitute but one school district, and the public schools therein shall be under the supervision and control of a board of trustees. The board of commissioners of the county may create new districts or change or abolish those already established when, in the judgment of the board, it is expedient. There shall be elected in each school district every two years two trustees, one to serve two and the other four years. The board of trustees shall have the care and custody of all school property, and if directed by the district shall sell any portion of it, or buy, build, or otherwise provide sites and buildings for school purposes. The board may repair buildings when the cost does not exceed $500, and supply schoolhouses with necessary furniture, fixtures, and fuel. The board of trustees of each school district shall cause the school census marshal to annually enumerate the children between the ages of 6 and 18 years; shall also report the number of schools, specifying the grades, number and sex of teachers, number and sex of pupils, average attendance, length of term, compensation of teachers by sex, number and condition of schoolhouses and furniture and the estimated value thereof, number of books in public school libraries, the textbooks used in the schools, value and kind of school apparatus, the amount raised by rate bills, district taxation, and subscription for school purposes, amount expended in erecting and furnishing schoolhouses, and such other statistics as the State superintendent may require. The board shall employ teachers, provide books for indigent pupils, grade the schools if possible, suspend or expel pupils, apportion the school fund among the several schools in proportion to the average number of pupils attending each, establish a union school district, levy a tax when necessary to support schools for six months, call an election as to laying a tax to furnish additional school facilities, and assess rate bills after school has been maintained six months in the year.

2. TEACHERS.

Appointment, qualifications, and duties-Institutes.

Appointment, qualifications, and duties.-No teacher shall be paid from public school funds unless legally employed by the board of trustees, unless having had a certificate from the State board of education or the county board of examination in full force and effect, unless making a full report in manner and form prescribed by law, and taking oath to support the Constitution of the United States and the State and (in case of men) not to fight duels during the term of office.

State educational diplomas may be issued to such persons only as have held a State certificate or a first-grade county certificate for at least one year and shall furnish satisfactory evidence of having been successfully engaged in teaching for at least five years. Every application for an educational diploma must be accompanied by a certified copy of a resolution adopted by a board of trustees recommending the applicant as a successful teacher and as worthy of the diploma. Life diplomas may be issued by the State board upon all and the same conditions as educational diplomas, except that the applicant must furnish satisfactory evidence of having been successfully engaged in teaching for at least ten years. The State board may grant State certificates upon an appeal only after an examination held by a county superintendent.

The county superintendent shall appoint two competent persons, who, with himself, shall constitute the county board of examination. The board shall grant three grades of certificates: High school grade, for teaching a high school, good for four years; grammar school grade, for teaching unclassified and grammar schools, good for three years; primary grade, for teaching a primary school, good for two years. Certificates shall be issued only to those having passed a satisfactory examination in all the branches of study pursued in each specified grade of the public schools and having given evidence of good moral character and fitness to teach. The board of examiners may renew the certificate of a teacher acceptably teaching in the schools of the county.

Examinations for teachers' certificates shall be held semiannually and the questions shall be prepared by the State board, so as to be uniform throughout the State. The questions shall not be opened by the county superintendent until the day of examination.

Meetings.-The State superintendent, with the consent of the State board, shall have power to convene two State teachers' institutes annually in different sections of the State and shall preside over them. Teachers who attend one