10 nor shall, by and with the consent of the senate, appoint six 11 members of the board for the following terms, to commence on the 12 first day of July next after their appointment: One for one year, 13 one for two years, one for three years, one for four years, one for 14 five years, and one for six years. Thereafter one member of the 15 board shall be appointed by the governor on or before the first 16 day of May in every year for a term of six years. 17 The members of the state board of education shall be citizens 18 of the state, and not more than four appointive members shall 19 be of the same political party. No appointee of the board shall 20 serve on the board. Vacancies, on the board shall be filled by the governor for the 22 unexpired term. Before exercising any authority or performing 23 any duties as a member of the state board of education each 24 member thereof shall qualify as such by taking and subscribing 25 to the oath of office prescribed by section five, article four of the 26 state constitution, the certificate whereof shall be filed with the 27 records of the board. A suitable office or offices in the state de28 department of education at Charleston shall be provided for the 29 use of the state board of education. CHAPTER 2 (House Bill No. 25-Mr. Knight.) AN ACT to amend and re-enact section eleven of chapter two of the acts of the legislature of one thousand nine hundred and nineteen, regular session, relating to the adoption of text-books. [Passed April 26, 1921. In effect ninety days from passage. Governor May 2, 1921.1 Approved by the SEC. 11. State board of education; to adopt receiving bids; to fix sale prices; placing books for sale. Be it enacted by the Legislature of West Virginia: That section eleven of chapter two of the acts of the legislature of one thousand nine hundred and nineteen, regular session, relating to the adoption of text-books, be and the same is hereby amended and re-enacted to read as follows: Shall Adopt Text-Books. Section 11. The state board of education shall adopt text-books 2 for uniform and exclusive use in the public schools of the state, 3 except as hereinafter provided, such adoptions to be made sub4 ject to the following restrictions and provisions: 5 (a) By written request or otherwise the state board of educa- . 6 tion shall ask various publishers of text-books in the United States to submit samples and prices of text-books on all subjects re8 quired to be taught in the schools of the state. All bids or pro9 posals shall be under seal, and each bidder shall deposit in the 10 state treasury such sum of money as said state board of education 11 shall designate, such deposit to be not less than one thousand 12 dollars nor more than three thousand dollars; and said deposit 13 shall be forfeited to the general school fund, if such bidder shall 14 fail or refuse to make and execute such contract and bond as 15 are herein required in case of the acceptance of all or a part of 16 his bid, and otherwise shall be returned to said bidders after 17 contracts have been made. 18 (b) All bids shall be opened by the state board of education 19 in executive session. After considering the subject matter, print20 ing, binding, general suitableness and prices of books submitted, 21 said board shall, on or before the first Tuesday in May, one 22 thousand nine hundred and twenty-two, and every fifth year 23 thereafter, adopt one book, or one series of books, and only one, 24 on each subject required to be taught in the elementary schools 25 for uniform and exclusive use in the free schools of this state, 26 except in classified high schools and in towns and cities which 27 have a population of thirty-five hundred or over. All bids sub28 mitted at such session shall be made a matter of public record 29 by showing the same by separate items on the record book of the 30 board. At any adoption the affirmative votes of five members of 31 the board shall be required to change any book or series of books; 32 provided, however, that not more than thirty per cent of the 33 subjects required by law to be taught in the elementary schools 34 shall be changed in any five-year adoption, unless further changes 35 be necessary to protect the state against unfair prices or discrimi36 nation by the publishers of the books in use. When selections 37 and adoptions of books have been properly made, it shall be the 38 duty of the state board of education to execute contracts therefor 39 with the publishers thereof for a period of five years, beginning 40 with July first following, each publisher being required to enter 41 into bond of not less than ten thousand dollars to be approved 42 by the state board of public works. Such contracts shall be pre 43 pared by the attorney general in accordance with the terms and 44 provisions of this act, and shall be executed in duplicate, one 45 copy held by the contractors and one by the state superintendent 46 of schools. Should any successful bidder fail to contract, or, if 47 for any cause any book or books adopted cannot be secured, the 48 state board shall proceed at once to the selection and adoption of 49 other books in lieu thereof. The state of West Virginia shall not 50 be liable in any sum on account of any contract made in pursuance 51 of the provisions of this section. It is expressly provided, how52 ever, that nothing contained herein shall impair the contracts now 53 in effect between the state school book commission abolished by 54 section sixteen of this act and the publishers of uniform text-books 55 now adopted and in use in the public schools of the state. 56 (c) If any publisher or contractor furnish to this state any 57 book of like binding, material and workmanship at a higher price 58 than the price at which said publisher or contractor furnishes the 59 same book to any other state, county, city or other school unit in 60 the United States, like conditions prevailing, the state board of 61 education shall require such publisher or contractor to make a like 62 reduction of such price in this state, under penalty of cancel63 lation of contract for any such book. 64 (d) It shall be the duty of the state board of education to fix 65 prices at which the various books adopted shall be sold to patrons, 66 the excess of which above contract price shall represent the profit 67 to the retailer; but in no case shall such profit exceed twenty per 68 cent. of the contract price. The state superintendent of free 69 schools shall notify each county superintendent of the list of 70 books adopted and prices at which they are to be sold and any 71 person selling such books at a higher price than that fixed by 72 the state board of education shall be guilty of a misdemeanor, and 73 upon conviction thereof, shall be fined not less than ten dollars 74 nor more than fifty dollars. The books furnished during the con75 tract period shall be equal in all respects to the sample copies 76 furnished the said board; and it shall be the duty of the state 77 superintendent of free schools to carefully preserve in his office 78 as the standard of quality, sample copies of all books contracted 79 for. 80 (e) It shall be the duty of each contractor at his own expense 81 to place with responsible dealers, in no fewer than three magis82 terial districts in each county, at least two weeks before the be 83 ginning of school in any district in the county where such books. 84 are used, a sufficient number of books to supply the demand. He 85 shall also arrange for the exchange of books at such places, allow86 ing pupils or boards of education an exchange price as liberal as 87 granted on the same books to any city, county, or state in the 88 United States, like conditions prevailing. The exchange privilege 89 shall extend through one entire school year, and the dealer making 90 the exchange shall be allowed by the contractors ten per cent of 91 the cash proceeds of same. Nothing in this act is to be construed. 92 as preventing the use of supplementary readers; provided, they do 93 not displace the adopted readers, nor the use of more advanced 94 books in such schools as may be ready for the same. AN CHAPTER 3 (House Bill No. 23-Mr. Knight.) AN ACT providing for the standardization of one-room rural schools and consolidated schools, the same to be section fifty-eight-a of chapter forty-five of the code of West Virginia, being chapter two of the acts of nineteen hundred and nineteen, regular session. [Passed April 26, 1921. In effect ninety days from passage. Became а law without the approval of the Governor.] Be it enacted by the Legislature of West Virginia: Section 58-a. Any one-room school or consolidated school whol2 ly without an independent district which meets the requirements as 3 hereinafter provided for shall be designated as standard school. 4 It shall be the duty of the state board of education to fix the 5 requirements for the standardization of one-room schools and 6 consolidated schools, and it shall be the duty of the state super7 intendent of schools to publish requirements, to which shall be 8 attached a copy of section fifty-eight-a of the school law, and 9 send them to the district boards of education, county superin10 tendents and other school officers. 11 It shall be the duty of the state superintendent of schools to 12 classify the schools which meet the requirements for standardiza13 tion. 14 Standard one-room schools shall be classified as first class and 15 second class. Standard consolidated schools shall be classified 16 as first class and second class. 17 The standard schools shall receive state aid as follows: first18 class one-room, one hundred and twenty dollars per year; second 19 class one-room, one hundred dollars per year: first class con20 solidated school, four dollars per pupil, to be paid on average daily 21 attendance, the total amount not to exceed eight hundred dollars; 22 second class consolidated school, three dollars per pupil, which 23 shall be based on average daily attendance, the total amount 24 not to exceed six hundred dollars. It is provided further, that 25 the state aid for the standard schools shall be paid out of the 26 general school fund to the funds of the district wherein the schools 27 are located; that the state superintendent of schools shall annu28 ally deposit with the treasurer of the district board of education 29 the amount provided for the benefit of each approved standard 30 school as herein provided. CHAPTER 4 (Committee Substitute for House Bill No. 289.) (By the Committee on Education.) AN ACT to amend and re-enact section one hundred and twenty-nine of chapter two of the acts of one thousand nine hundred and nineteen, regular session, relating to the attendance of children over fourteen years of age and under sixteen years of age at parttime schools or classes and authorizing and requiring boards of education to establish and maintain part-time schools and classes and evening schools and classes. [Passed April 29, 1921. In effect ninety days from passage. Approved by the Governor May 4, 1921.] SEC. 129. Part time schools; who shall at- attendance: penalties; duties of boards of education concerning. Be it enacted by the Legislature of West Virginia: That section one hundred and twenty-nine of chapter two of the acts of one thousand nine hundred and nineteen, regular session, relating to the attendance of children over fourteen years of age and under sixteen years of age at part-time schools or classes and authorizing and requiring boards of education to establish and maintain |