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part-time schools and classes and evening schools and classes be amended and re-enacted so as to read as follows:

Section 129. Each minor over fourteen years of age and under 2 sixteen years of age who is not in regular attendance upon a public, 3 private or parochial school or who is regularly and lawfully employ4 ed in some occupation or service, unless such minor has completed 5 eight years of elementary schooling, shall attend a part-time school 6 or class in the district in which such minor resides or may be em7 ployed. Such attendance shall be for not less than four hours per 8 week and not more than eight hours per week for each week which 9 such school or class is in session until the total attendance amounts 10 to at least one hundred and forty-four hours for the school year, ex11 cept that the school authorities may, subject to the approval of the 12 state superintendent of free school, permit any such minor to in13 crease the number of hours per week of required attendance and 14 decrease the number of weeks of required attendance. The at15 tendance upon a part-time school or class shall be between the 16 hours of eight o'clock forenoon and five o'clock afternoon. Pro17 vided, however, that such persons shall be exempt from the fore18 going requirements for any of the causes enumerated from (a) to 19 (i) inclusive in section one hundred and twenty-two of chapter 20 two of the acts of one thousand nine hundred and nineteen, regular 21 session.

22 The parent, guardian or other person having the custody or 23 control of a minor who is required under the provisions of this 24 section to attend a part-time school or class shall cause such minor 25 to attend such school or class. A parent, guardian or other person 26 who refuses or fails to comply with this provision of the law shall 27 be subject to the penalties provided in section one hundred and 28 twenty-two of this chapter.

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Any person, firm or corporation employing a minor between the 30 ages of fourteen and sixteen years shall permit the attendance of 31 such minor upon a part-time school or class whenever such part32 time school or class shall have been established in the district where 33 the minor resides or may be employed, and upon the termination 34 of employment of any such minor, the employer shall return with35 in five days the employment certificate of such minor by mail to 36 the school authorities and a person, firm or corporation em37 ploying a minor over fourteen years of age and less than sixteen 38 years of age contrary to the provisions of this section shall be

39 subject to the penalties provided in section one hundred and 40 twenty-six of this chapter. A person, firm or corporation which 41 has in its employ a minor who fails to attend a part-time school 42 or class as required herein, shall immediately discontinue the ser43 vices of such minor upon receiving from the school authorities 44 written notice of the failure of such minor to attend such part-time 45 school or class, and a person, firm or corporation violating this 46 provision of law shall be subject to a fine of twenty-five dollars 47 for each offense.

48 Boards of education of districts and independent districts are 49 hereby authorized to establish and maintain part-time and evening 50 schools and classes. The board of education in charge of the schools. 51 of each city having a population of more than ten thousand ac52 cording to the United States census of one thousand nine hun53 dred and twenty shall, commencing with the school year begin54 ning the first day of July, one thousand nine hundred and 55 twenty-two, establish and maintain part-time schools or classes. 56 The board of education in charge of the school of any city, town or 57 sub-district in which there are fifty or more minors above the age 58 of fourteen years and under the age of sixteen years who are not in 59 regular attendance upon approved in struction shall, commence 60 with the school year beginning the first day of July, one thousand 61 nine hundred and twenty-three, establish and maintain part-time 62 schools or classes. Such schools or classes may be established in 63 public school buildings, in other buildings especially adapted for 64 their operation, in manufacturing or mercantile establishments 65 and in factories. Such schools or classes, wherever they are es66 tablished tnd maintained, shall be under the control and manage67 ment of the board of education and shall be a part of the public 68 school system of the city or district which maintains them. 69 Such part-time schools or classes shall be kept in session on the 70 regular school days and for as many hours each school year between 71 the hours of eight o'clock forenoon and five o'clock afternoon as 72 shall be necessary to provide the required instruction for such min73 ors who reside in the city, town or sub-district. The course of 74 study in such part-time schools or classes shall be approved by the 75 state board of education.

76 If the board of education of any district fails to comply with the 77 requirements of this section, the state superintendent of free 78 schools may at his discretion withhold all or a part of any state

The failure of any

79 school funds due such district in any year. 80 officer to enforce the provisions of this section and section one 81 hundred and twenty-eight of chapter two of the acts of one thou82 sand nine hundred and nineteen, regular session, shall cause such 83 officer to be subject to the penalties prescribed in sections one hun84 dred and twenty-six and one hundred and twenty-five, respect85 ively, of said chapter. The requirements of this section and 86 the preceding section shall be enforced by the persons and in the 87 manner prescribed for the enforcement of the requirements of sec88 tions one hundred and twenty three to one hundred and twenty89 seven inclusive of chapter two of the acts of one thousand nine 90 hundred and nineteen, regular session.

91

All acts and parts of acts inconsistent herewith are hereby re92 pealed.

CHAPTER 5

(House Bill No. 145-Mr. Knight.)

AN ACT to amend and re-enact section thirty-one of chapter two of the acts of the legislature of one thousand nine hundred and nineteen, regular session, relating to the qualifications of county superintendents of schools.

[Passed April 20, 1921. In effect ninety days from passage. Approved by the Governor May 2, 1921.]

SEC.

31.

County Superintendents, election
of qualification; oath; bond.

Be it enacted by the Legislature of West Virginia:

That section thirty-one of chapter two of the acts of the legislature of one thousand nine hundred and nineteen, regular session, relating to the qualifications of county superintendents of schools, be and the same is hereby amended and re-enacted so as to read as follows:

Election, Qualification, Oath, Bond.

Section 31. The county superintendents of schools elected in 2 the general election in November, one thousand nine hundred and 3 eighteen shall hold office for the full term of four years for which 4 they were elected, and until their successors are elected as herein 5 provided and are qualified according to law.

6

A county superintendent of free schools shall be elected in each 7 county by the voters thereof, at the general election held on the 8 Tuesday after the first Monday in November, one thousand nine 9 hundred and twenty-two, who shall be a resident of the county 10 in which he is elected and whose term of office shall commence on 11 the first day of July next after his election, and continue for four 12 years and until his successor is elected and qualified according 13 to law. The county superintendent of free schools shall im14 mediately upon receiving the certificate of election from the can15 vassing board, or the county court, forward a written notice there16 of to the state superintendent of free schools.

17 In case of a tie in the vote for the county superintendent of 18 free schools, the presidents of the various district boards of edu19 cation shall, at a meeting called for that purpose, at the court 20 house of the county, by the county superintendent of free schools, 21 not less than six days or more than twelve days after the result of 22 such election is ascertained, appoint one of the persons receiving 23 the highest number of votes for said office at the said election as 24 county superintendent of free schools, who shall give notice as 25 aforesaid to the state superintendent of his appointment. A notice 26 of such meeting shall be made out by the county superintendent 27 and served upon the president of each district board of educa28 tion at least three days before the day of meeting in the manner 29 provided by law for the service of other process.

30

Only such persons shall be eligible to hold the office of county 31 superintendent as shall, at the time of their election or appoint32 ment, possess at least one of the following qualifications:

33 (1) A life certificate with nine weeks training in school ad34 ministration and supervision.

35 (2) A supervisor's certificate.

36

(3) A diploma of graduation from a standard normal course, 37 or who in the judgment of the state board of education, have com38 pleted work equivalent thereto.

39 (4) A first grade elementary certificate or its equivalent issued 40 prior to the first day of July, one thousand nine hundred and 41 twenty-two, with ten years experience as a teacher and nine weeks 42 training in school administration and supervision. The work year 43 in this connection is to be construed as meaning any number of 44 months, not less than the minimum school term, taught in any 45 calendar year; provided, that service in the United States army

46 or navy in the world war shall be counted the same as teaching for 47 double the number of years or fraction of years so served. 48 Before assuming any of the duties of his office, or exercising 49 any authority whatsoever, every county superintendent of schools 50 shall qualify before the clerk of the county court, and he shall also 51 execute with said clerk a bond with approved security in the 52 penalty of one thousand dollars conditioned upon the faithful 53 performance of the duties of his office and upon the accounting 54 and paying over to the proper authorities of all money coming into 55 his hands. Said clerk shall, within five days after said qualifica56 tion and execution of bond, certify to the state superintendent of 57 schools the name of such county superintendent and the fact of his 58 qualifying and executing such bond.

59 Every county superintendent of schools shall devote his entire 60 time during his term of office to the performance of his duties as 61 superintendent.

CHAPTER 6

(House Bill No. 178 Mr. Wysong.)'

AN ACT to provide for clerical assistance, and for traveling expenses for county superintendents of free schools, the same to be section thirty-four-a of chapter two of the acts of nineteen hundred and nineteen, regular session.

[Passed April 29, 1921.

SEC. 34-a.

In effect from passage. approval of the Governor.]

Became a law without the

County superintendents; clerical
assistance for; traveling ex-
penses of.

Be it enacted by the Legislature of West Virginia:

Section 34-a. The county court of each county is hereby 2 authorized and directed to provide proper clerical assistance for 3 the office of the county superintendent of free schools and to 4 pay monthly out of the county fund the salary of the person 5 performing such service, which amount shall be at the rate of 6 three dollars per school; provided, however, that the amount so 7 paid said assistant shall not exceed twelve hundred dollars per 8 annum in any county; such clerical assistant shall be appointed by 9 the county superintendent of free schools. It is provided that the 10 county superintendent of free schools shall be reimbursed for his

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