Superintendent of Education.

1685. (3546) (950) Duties of the superintendent of education. The duties of the superintendent of education shall be as follows:

1. He shall devote his time to the care and improvement of the common schools, and the promotion of public education, and shall exercise a general supervision over all the educational interests of the state; and to this end he shall have power to require from the county superintendent of education, township and district trustees of public schools, and all other school officers, all such reports and information relating to the educational fund, or the condition of the schools and the management thereof, as he may deem important, or as may be prescribed by law; and he may remove from office any such officer, except the county superintendent, for failure to make such report, give such information, or discharge any other official duty.

2. He shall annually, as far as practicable, visit every county in the state for the purpose of inspecting the schools and their management, the accounts of county superintendents of education, and other school officers, and for diffusing as widely as possible, by personal address and personal communication, information as to the importance of public schools and the best method for their management; and he shall encourage and assist at organizing and conducting teachers' and superintendents' institutes.

3. He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part, by public money, or under state control, in hygiene and physiology, with special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the human system.

4. He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part, by public money, or under state control, in the constitution of the United States and the constitution of the State of Alabama.

5. He shall annually apportion the public school fund to Const., the several counties, and the county board of education shall § 256. apportion the same to the school districts as required by section 256 of constitution, and shall see to the proper disbursement of the same; and to this end he shall keep an accurate account with all officers who may be custodians or disbursers of the school fund, or any part thereof.

6. He shall prepare all forms, and have printed and distributed all such blanks as may be necessary, or as may be required by law, in the administration of the public school system.

7. He shall furnish the county superintendents and other school officers all necessary books for keeping their accounts

(r.c.c.)

Superintendent of Education.

and records, to be and remain public property; and he shall prescribe a uniform system of keeping such accounts and records.

8. He shall take receipts for all such books so furnished by him to school officers, and such officers shall take good care thereof, and turn them over to their successors in office.

9. He shall keep a debtor and creditor account with each township, or other school district, in the state, of all funds accruing thereto for educational purposes.

10. He shall keep an accurate account of the capital of all sixteenth-section or other trust funds, to which each township or school district may be entitled, showing whence and when such funds were derived.

11. He shall preserve in his office all bonds of school officers and others required to be filed therein.

12. He shall cause suits to be instituted and prosecuted against all defaulters to the educational fund, and for this purpose may employ attorneys; but he shall not have power to contract to pay such attorneys out of the educational fund more than ten per cent of the amount recovered by them in such suits; and of such fund he may pay such lawful costs as may be taxed against him as superintendent of education, in case he is cast in any of such suits.

13. He shall, by correspondence, exchange of official reports, and other proper means, elicit information relative to the system of public education in other states and countries, and disseminate all useful knowledge regarding the same among the county superintendents and other school officers

in the state.

14. He shall collect in his office such school books, apparatus, maps, charts, and specimens of improved school furniture as can be obtained without expense to the state.

15. He shall prepare and have printed in pamphlet form by the public printer all laws, rules, and regulations pertaining to the public school system of the state, including therein the constitution of the United States and the constitution of the State of Alabama, and cause the same to be distributed among the county superintendents of education, and other officers connected with the school system, for the information of those interested in the educational interests of the state.

16. He shall hold, or cause to be held, within each congressional district, one or more teachers' institutes, to be conducted by a teacher experienced in and familiar with the most improved methods of instruction, for a term of one week or more during the summer months of each year; and for such purpose may, from time to time, certify to the state auditor the amount, not exceeding twelve hundred dollars in any one

Superintendent of Education.

year, necessary to defray the expenses of employing teachers to conduct such institutes and instruct the teachers who attend them, and upon such certificate it shall be the duty of the state auditor to draw his warrant upon the state treasurer for such sum or sums in favor of the superintendent of education as may remain unapportioned in the treasury at the time. And such sums must be disbursed so as to secure the greatest good to the largest number of teachers in the common schools, and it shall be the duty of the superintendent of education to take vouchers therefor to be kept on file in his office, and to make an itemized statement in his quadrennial report as to how and to whom said money has been disbursed.

17. He shall perform such other duties as are, or may be, prescribed by law.

(Feb. 28, 1887, p. 58; [sub. 13] Mar. 1, 1881, p. 8, § 2; [sub. 5] Feb. 10, 1891, p. 554, § 1; [sub. 3] Feb. 10, 1885, p. 113, § 1; Feb. 7, 1879, p. 117, § 7.)

1686. (3547) (951) Report to governor; contents. He shall (r.c.c.) also, annually, on or before the first day of December, report to the governor in writing

1. A brief history of his labors.

2. An abstract of the reports received by him from the county superintendents of education, exhibiting the condition of the public schools.

3. Estimates and accounts of expenditures of school

money.

4. An itemized statement showing how the contingent fund of his department and all other special funds or appropriations under his control have been disposed of.

5. Such recommendations as he may desire to make for the improvement of the school system, and the care and increase of the educational fund.

6. All such other matters relating to his office and to the public schools as he shall deem expedient to communicate.

1687. (3548) (952) Report to be printed and distributed.The governor shall, when such report is laid before him, direct the superintendent of education to have printed in the same manner and upon the same conditions as other printing is done, during the recess of the legislature, a sufficient number of copies of the report to supply the county superintendents and district trustees of public schools, and other school officers, and for the usual exchange with other states, and with the leading cities of the United States; and it shall be the duty of the superintendent of education to distribute the same as indicated in this section.

1688. (3549) (953) Vacancy filled by governor; term, etc., of appointee. If the office of superintendent of education

Sep. 30, 1903, p. 289, § 1.

School Districts, Townships, and Re-Districting Boards; How Created. should at any time become vacant, by death, resignation, or otherwise, the governor shall appoint a suitable person to fill such office for the unexpired term; and such appointee shall give bond and qualify in the same manner as if he had been elected for a full term.

1689. Townships abolished; public school re-districted.— Township lines for school purposes are abolished; provided the inhabitants of no township shall be deprived of the sixteenth section or any fund arising therefrom, or of selling and leasing such lands as provided by law.

Act does not relate to separate school districts under local law.-Brown v. Sanders, 144 Ala. 500 (42 So. 39).

ARTICLE 5.

TOWNSHIPS AND SCHOOL DISTRICTS INCORPORATED. 1690.

1690. (3624) (1024) (963) (576) (502) Incorporation of townships. The inhabitants of each township in the state are incorporated by the name of "Township -, of range "according to the number of the surveys of the United States, and the inhabitants of each school district are incorporated by the name and number by which it is known or designated.

(Aikin's Digest, p. 375, § 24.) Capacity of township to hold property.— Yerby v. Sexton, 48 Ala. 311.

ARTICLE 6.

July 17,

1907, p.

478, § 4,

SCHOOL DISTRICTS AND RE-DISTRICTING BOARDS; How CREATED. 1691-1696.

1691. District lines and boundaries; how changed.—The lines and boundaries of any public school district heretofore established by general law or any special law may be changed, or a new public school district may be created, by the vote of a majority of the county board of education, upon application to said board, and after notice of said application and of the time and place of hearing the same has been given by publication for three successive weeks in some newspaper

School Districts and Re-Districting Boards; How Created.

published in said county, if a newspaper be published therein, and by posting written notices in at least three public places in the territory to be affected by said change. Said publication and notice shall be made and given by the county superintendent of education, and the person or persons making the application for such change shall deposit with him a sum of money sufficient to pay the expenses of said publication and notices, such sum of money to be expended by him for that purpose. And whenever the boundaries of any public school district are changed by the county board of education or a new public school district shall be created by said board under this section, the county superintendent of education, within ten days after such change, or the creation of such district, shall file in the office of the judge of probate of his county, an accurate description of such change, or of the district so created, and the judge of probate shall record the same in the book to be kept by him. The change of the lines or boundaries of any public school district or the creation of a new district under this section may also be made by adding to or taking from any district composed of an incorporated city or town such contiguous territory as such board may deem best. 1692. Counties and districts not included within article. The provisions of this article shall not apply to any county heretofore districted by authority of a special law, and which has a special levy from the county for the support of the public schools therein.

Sep. 30,

1903, p.

289, § 19;

July 17,

1907, p.

478, § 6.

1693. Incorporated cities and towns separate school dis- Ib.. $ $ 20 tricts. Each incorporated city or town in the state is a sepa- and 7. rate school district.

264, § 1.

1694. School districts not affected by county lines.-Any Sep. 26, school district which, by the creation of new counties or the 1903, p. change of county lines, shall lie in two or more counties, shall in no wise be repealed by the creation of said new counties or the change of county lines.

1695. Funds; how paid. The superintendent of education. Ib.. $2. of the counties in which said school districts shall lie, shall pay over to the treasurer of said school boards in said school districts all the funds or money coming into their hands due said school districts.

1696. Repeal.-All laws as to school districts which, by the Ib., § 8. creation of new counties or the change of county lines, lie in two or more counties, which are in conflict with the provisions of this article, are repealed.