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“The course of study and the rules and regulations shall be the same for all the said Normal schools, with such minor modifications for any school as may be required by local conditions, provided, that such courses of study shall include instruction in ordinary English branches, in vocal music, drawing, domestic science, manual training; elements of chemistry, physics, and biology; the elementary principles of agriculture, horticulture, and home economics; and in the history, principles, and methods of education; and, provided, further, that the courses of study for the Agricultural and Industrial Normal School for negroes shall be of such practical nature as to fit the conditions and needs of their race.
“The general management and control of all Normal schools established and maintained under the provisions of this section of this Act shall be vested in the State Board of Education; and the said State Board of Education shall have power to employ a bookkeeper, whose duty it shall be to keep the accounts of the Normal-school funds as directed by the Board, and the salary shall be fixed by the Board and paid out of the Normal-school fund herein provided before its apportionment to the several schools and on the warrant of the Comptroller.
"All schools established under the provisions of this section of this Act shall be located by the State Board of Education; and in making such locations, said Board shall take into consideration accessibility, centralness of position, healthfulness of location, cheapness of living, opportunities for arranging for suitable
ctice and observation schools, and the value and usefulness of offers of donations of grounds, buildings, money, etc.
“In addition to any accepted donations of land, money, or buildings, the income from the fund provided by this Act and this section of this Act for the years one thousand nine hundred and nine and one thousand nine hundred and ten or any portion of the same may be used for buildings and equipment.
“One-seventh of all the funds derived in any year from the provisions of this Act and this section of this Act shall be apportioned to the Agricultural and Industrial Normal School established for the education and training of negroes, and the remaining six-sevenths shall be apportioned equally among the schools established and maintained for the education and training of white teachers in the three Grand Divisions of the State; but all moneys received by any one of the Normal schools established and maintained under the provisions of this Act from any other source than from the fund herein provided to be paid out of the gross revenue of the State shall, under the direction of the State Board of Education, be accounted for and paid into the treasury of the State, to be placed to the credit of said school.
“It shall be the duty of the Governor of the State to call a meeting of the State Board of Education within sixty days after the passage of this Act for the purpose of taking such steps as may be necessary to carry out the provisions of this section of this Act, looking to the location and establishment of these schools, and to the opening of the same at the earliest date practicable,
"All disbursements of money under the provisions of this Section of this Act shall be made on the certificate of the President and Secretary of the State Board of Education, by the Comptroller of the Treasury, in the manner prescribed by law for the disbursement of money to charitable institutions.
“Sec. 8. Be it further enacted, That for the year one thousand nine hundred and nine and annually thereafter seven per cent of the General Education Fund provided by this Act shall be, and the same is hereby, appropriated to the University of Tennessee, to be used for the maintenance and improvement of the same, as the head of the public-school system of the State, as the General Assembly of the State may from time to time direct by resolution or enactment, or as the Board of Trustees of said University may elect.
“Provided, that ten per cent, but not less than ten thousand dollars ($10,000) annually, of the amount herein apportioned to the University of Tennessee shall be used for the maintenance of the Agricultural and Horticultural Experiment Station and Model Farm, located in West Tennessee, and five per cent, but not less than five thousand dollars annually, for the maintenance of cooperative agricultural experiments in Middle Tennessee.
Provided, further, that an amount not exceeding five per cent of the sum apportioned annually to the University may be used to pay the traveling expenses of young men and women of Tennessee attending the University, under such rules and regulations as the Board of Trustees of said University may adopt, but the traveling expenses of no student shall be paid who does not remain through the entire school year, nor shall the expenses of any student be paid more than once each way in any year.
"Provided, further, that tuition in the academic, engineering, agricultural, and educational departments of the University shall be free to all qualified white students who are citizens of the State of Tennessee, or whose parents or guardians are citizens of the State of Tennessee; but nothing in this section of this Act shall be construed in such way as to affect or modify the existing laws in regard to State scholarship students of African descent in the Industrial Department of said University.
Sec. 9. Be it further enacted, That all schools receiving assistance under the provisions of this Act shall be recognized as essential parts of the system of Public Education of the State of Tennessee, and annually, on or before the first day of August, the proper authorities of each shall submit to the State Superintendent of Public Instruction a report in regard to the work, development, and progress of the school during the year ending with the thirtieth day of June next preceding, and a clear and itemized statement of all receipts and expenditures for the same period.
“Sec. 10. Be it further enacted, That Chapter 537 of the Acts of 1907 and all laws and all parts of laws in conflict with this Act shall be, and the same are hereby, repealed." Sec. 11.
Chap. 264, Apr. 27, 1909. D. 309 Texas (1909): Const., art. 7, sec. 3, provides for an annual state tax of such an
amount, not to exceed 20 cents on the $100 valuation, as, with other available school funds, will be sufficient to support the public free schools for not less than six months in each year, and that the legislature may provide for the formation of school districts in counties and may authorize an additional annual ad-valorem tax within such districts for school purposes, upon vote of the taxpayers, not to exceed in any one year 20 cents on the $100 valuation, but that the limitation upon the amount of district tax shall not apply to incorporated cities or towns constituting separate and independent school districts. Held, that an independent school district incorporated for school purposes only, and embracing an incorporated town and rural territory, is not an incorporated city or town” within the constitution, and hence not exempted from the restriction as to taxation therein, and, where it had previously voted a tax to the full amount permitted by the constitution, it had exhausted its power to tax for school purposes and an election held to determine whether an additional school tax should be levied was void. Jenkins v. De Witt, 115 S. W., 610.
(e) General Apportionment of State School Funds; Special State Aid for Elementary
The distinction between the enactments classified under this heading and those placed under "State Taxation" is more or less formal. The ultimate purpose of the measures in each case is to equalize, on the basis of need, the benefits of public education, and to distribute more evenly, on the basis of ability to pay, the responsibility for its support. From one point of view, the measures relating to special state aid for elementary education Connecticut (313), Maine (319), Minnesota (320), Nebraska (321), New Hampshire (323), North Carolina (328), South Carolina (333), Tennessee (335), Utah (337), and West Virginia (341)—may be given high rating as factors for increasing the efficiency of common school education, for at the bottom the problem of the common school, especially of the common school in non-urban districts, is one of finance; and any principle of public finance, or any device of taxation that increases and distributes equitably the revenues for the support and develop
ment of elementary and secondary schools may be estimated as of worth in the welfare of every State. 311 California: Adding sec. 1622a, Political Code, 1906, relative to apportionment
of school funds.
Special provisions to meet deficiencies, for payment of salaries and other expenses.
Chap. 404, Mar. 24, 1909. 312 Connecticut: See enactment No. 120. 313 Connecticut: Repealing chap. 102, Public Acts, 1903, and chap. 216, Public
Acts, 1907, relative to support of schools.
Towns having assessed valuation of not more than $1,750,000 to receive state aid sufficient to enable the expenditure of $25 for each child in average daily attendance (formerly, 1903, towns having valuation less than $500,000; 1907, less than $1,000,000). State aid conditioned upon the levying of graduated minimum tax. Aid to be expended for teachers' salaries only.
Chap. 242, Aug. 24, 1909. 314 Delaware: Amending sec. 7, chap. 219, Laws, 1899, relative to the provision
of graded school facilities for the children of the State.
Applying to the city of Wilmington provisions of act relative to the payment by the State of tuition of children attending schools from outside of district.
Chap. 85, Apr. 19, 1909. 315 Delaware: Amending secs. 5 and 6, chap. 219, Laws, 1899, relative to the pro
vision of graded school facilities for the children of the state.
Increasing the amount of tuition paid by the State for nonresident pupils from $15 per year, or proportional part of $15, based on attendance, to 20 cents for each day's attendance.
Sec. 2, chap. 86, Feb. 25, 1909. D. 316 Florida (1909): Const., 1885, art. 12, sec. 7, provides for the apportionment
of the state school funds, and contemplates only an apportionment and distribution on the basis of counties as units, and not on the basis of particular schools as such units; and Laws, 1905, p. 32, chap. 5381, sec. 1, making certain schools with an average attendance of 80 per cent beneficiaries of the act, is unconstitutional.- Board of Public Instruction for Santa Rosa County v. Croom,
48 So., 641. 317 Maine: Amending sec. 16, chap. 15, Revised Statutes, 1903, relative to with
holding of school funds from delinquent towns.
Defining more accurately conditions for withholding state school funds from delinquent towns.
Chap. 59, Mar. 11, 1909. 318 Maine: Amending sec. 42, Revised Statutes, 1903, as amended by chap. 101,
Laws, 1907, relating to state aid for town school supervision.
Special provisions concerning state aid to supervisory districts containing more than 50 schools.
Chap. 120, Mar. 24, 1909. 319 * Maine: Relating to the equalization of school privileges.
“Sec. 1. The treasurer of state shall immediately after the first day of July, nineteen hundred and ten, and annually thereafter deduct the sum of twenty thousand dollars from the state school funds and the same shall be set aside and denominated the school equalization fund which shall be distributed in the manner hereinafter provided.
“Sec. 2. Every town which raises for the support of common schools four mills or more on its valuation as fixed by the state assessors shall receive the following year from the school equalization fund herein provided a sum equal to ten per cent of its apportionment of the state school funds for the preceding year. Such portion of the school equalization fund as any town may be entitled to receive shall be paid by the treasurer of state at the same time and in the same manner prescribed for the payment of state school funds. The state superintendent of public schools shall annually, on or before July first, file with the treasurer of state a list of towns entitled to receive the benefits of this act. The first appointment under the provision of this act shall be made immediately after the first day of July, nineteen hundred and ten.
“SEC. 3. All of the school equalization fund not distributed nor expended during the financial year shall at its close be added to the permanent school fund.'
Chap. 198, Apr. 1, 1909. 320 * Minnesota: Amending secs. 1417, 1421, 1423, Revised Laws, 1905, relative to
state aid of public schools.
Increasing annual maximum state aid as follows: High schools, $1,500 to $1,750; graded schools, $550 to $600; semigraded schools, $250 to $300; common schools, $125 to $150 (for schools in charge of a teacher holding a first-grade state certificate; $100 for schools in charge of a teacher holding a second-grade state certificate).
Chap. 334, Apr. 21, 1909. 32). * Nebraska: Repealing, and reenacting with amendments, secs. 11549, 11550, and
11551, Cobbey's Annotated Statutes, 1907, relative to state aid to schools in weak districts.
Providing a method for the determination of the amount due each district by the county superintendent. Reducing stipulated school session from seven to five months. Omitting provision relative to minimum salary ($30) of teachers.
“Sec. 4. To determine the amount to be apportioned to each district, the county superintendent shall find the estimated expenditures of the district for the current year and subtract therefrom the estimated income of that district from all sources for the same year. The estimated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus twenty-five mills times the assessed value, plus the estimated apportionment of state school funds. If said district will not receive any apportionment of money from the state school fund, then said apportionment shall not be considered in estimating the income for the current year. The estimated expenditures for the current year shall not be the amount necessary to maintain school five months; said estimate not to exceed two hundred and seventy-five dollars ($275.00).”
Chap. 119, Mar. 29, 1909. 322 * Nevada: Providing an emergency school fund for new school districts, prescrib
ing its use and manner of disbursement, and other matters properly connected
Chap. 20, Feb. 13, 1909. 323 * New Hampshire: Relating to the support and encouragement of the common
“Sec. 1. No appropriation of money provided for in sections 2 to 3 inclusive of this act shall be held to apply to towns having an equalized valuation of more than $7,000, per pupil of average attendance for the year preceding; or whose population by the last published federal census is more than 3,500; or whose schools have been maintained less than an average of thirty weeks for the school year next preceding; or whose tax rate for school purposes is less than $4.50 on one thousand dollars of equalized valuation; provided, however, that the last two clauses shall not be in force until July 15, 1911.
“Sec. 2. There shall annually in the month of December be apportioned to all towns not excluded by the terms of section 1 and as hereafter provided state money as follows:
“1. To all towns having an equalized valuation per pupil of average attendance of less than $2,000, the sum of $1.75 per school week for every twenty-five pupils or major part thereof of average attendance for the year next preceding.
II. To all towns having an equalized valuation per pupil, of $2,000 or more and less than $3,000, $1.50.
"III. To all towns having an equalized valuation per pupil of $3,000 or more and less than $4,000, $1.25.
"IV. To all towns having an equalized valuation per pupil of $4,000 or more and less than $5,000, $1.00.
“V. To all towns having an equalized valuation of $5,000 or more and less than $7,000, per pupil, $0.75.
"SEC. 3. When any district shall employ graduates of a New Hampshire normal school, or of any normal school in another state of equivalent grade, or persons holding a permanent New Hampshire state teacher's certificate, it shall receive a further sum of $2 per week for every teacher so employed.
“Sec. 4. There shall annually be reserved and set aside from the appropriation provided for by this act such sums as shall be needed for carrying out the provisions of chapter 77, session Laws of 1899, relating to district supervision, and of chapter 96, session Laws of 1901, relating to high school tuition.
“Sec. 5. The sum of $80,000 annually is hereby appropriated to carry into effect the provisions of this act, and any portion of such appropriation as shall remain unexpended in any year shall remain in the state treasury for use in subsequent years, and if in any year the above appropriation and accumulated surplus shall prove insufficient, then towns having the highest equalized valuation per pupil shall be omitted in order from the distribution provided for in sections 2 and 3.
“Sec. 6. The sum appropriated by section 5 shall be in place of the annual appropriations of $25,000, and $8,000, provided by chapter 77, Laws of 1899, and chapter 96, Laws of 1901, and amendments thereto, respectively, and such appropriations shall be discontinued upon the passage of this act.
"Sec. 7. All money appropriated by this act, shall be expended under the supervision of the governor and council.” Sec. 8. * * *
Chap. 158, Apr. 9, 1909. 324 New Jersey: Making distribution of part of the income of the school fund in ac
cordance with the provisions of sec. 176, Acts, 1903 (sp. sess.), relative to the establishment and maintenance of a thorough and efficient system of free public schools.
Chap. 64, Apr. 8, 1909. 325 New Jersey: Relating to the payment of certain expenses of the educational
Comptroller to deduct school fund before apportionment, amount appropriated for certain educational institutions and purposes.
Chap. 65, Apr. 8, 1909. 326 New Jersey: Amending sec. 87, Acts, 1903 (sp. sess.), relative to the appoint
ment of supervising principals.
Supervising principals to be appointed under regulations prescribed by the state board of education. No apportionment of school moneys for supervising principal unless salary paid be at least $1,000 per year.
Chap. 170, Apr. 19, 1909. 327 New Mexico: See enactment No. 254. 328 * North Carolina: Repealing secs. 4112, 4099, and 4100-4105, Revisal, 1905,
relative to state aid and special taxes for schools.
Providing for the levying of a special tax and for a special state appropriation of $100,000 for the maintenance of one or more public schools in every school district for a term of four months. Apportionment.
Chap. 508, Mar. 5, 1909. 329 North Carolina: Amending sec. 4097, Revisal, 1905, relative to appropriations
for public schools.
Chap. 779, Mar. 8, 1909.