3239. State board of education-How composed.

SECTION 1. The state board of education shall consist of the governor, the superintendent of public instruction and the president of the university. 3240. Officers of board.

SEC. 2. The governor shall be the president, and the superintendent of public instruction the secretary of the board.

3241. Time of meeting.

SEC. 3. The board shall meet at the call of the secretary, but shall hold at least two meetings year.

3242. Powers and duties of board.

SEC. 4. The powers and duties of the board shall be as follows:

1. To prescribe and cause to be enforced the courses of study for the public schools; provided, that schools of the first class may have modified courses of study, subject to the approval of the state board of education; 2. To adopt lists of books for district libraries; provided, that boards of trustees in districts of the first class may make such adoptions;

3. To revoke or suspend for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of and refusal to obey the laws of the state, or the rules and regulations of the state board or of the state superintendent defining and governing the duties of teachers, any state diploma or any state certificate;

4. To have done by the state printer any printing required by the state board such as state courses of study, the proceedings of the teachers' institutes, blank forms, and such other matter as the state board may require; provided, that text-books are not included in such courses of study;

5. To adopt and use in authentication of its acts an official seal;

6. To keep a record of its proceedings which shall be published biennially in the report of the superintendent of public instruction;

7. To designate some monthly school journal as the official organ of the department of education. The publishers of such journal shall mail one copy of every number of such journal to the clerk of every school district in the state and shall file an affidavit with the superintendent of public instruction showing that such copies have been so mailed. The county treasurer of every county before notifying the superintendent of public instruction of the county fund to be apportioned in the July apportionment shall set aside an amount equal to one dollar for each and every school district of the county and this fund shall be known as the school journal fund. The amount certified to the superintendent of public instruction for apportionment shall not include the school journal fund so set aside. The superintendent of public instruction shall draw his orders annually in favor of the publishers of such school journal for an amount equal to one dollar for each and every school district in each county to which the school journal has been sent in accordance with this section, to be paid out of the school journal fund, and the county auditor shall immediately draw his warrant, in favor of the publishers of such journal, for an amount equal to that named in aforesaid order to be paid out of the school journal fund.

CHAPTER 2

SUPERINTENDENT OF PUBLIC INSTRUCTION

3243. Election of superintendent of public 3244. Duties of said officer.

instruction

3243. Election of superintendent of public instruction.

SEC. 5. The superintendent of public instruction shall be elected quadrennially by the qualified electors of the state at the same time and in the

same manner as the governor is elected and shall hold office for the term of four years from the first Monday in January next after the election, and until his successor is elected and qualified.

Under the act of 1865, 413, sec. 9, it was held that hotel bills incurred by the superintendent of public instruction, while staying at a place for the purpose of visiting schools, are not a portion of the "actual traveling expenses" which are to be allowed and paid to that officer. State ex rel. Cut

3244. Duties of said officer.

ting v. La Grave, 23 Nev. 88, 90, 91 (42 P. 797).

Under the act of 1891, 32, it was held that the superintendent of public instruction was not entitled to receive any of the compensation attaching in solido to the four ex officio offices. State ex rel. Cutting v. La Grave, 23 Nev. 120, 123 (43 P. 470).

SEC. 6. The superintendent of public instruction shall have power and it shall be his duty:

1. To visit each county in the state at least once each year for the purpose of conducting institutes, visiting schools, consulting with school officers, and addressing public assemblies on subjects pertaining to the schools; and the necessary traveling expenses incurred by the superintendent in performance of such duties, such traveling expenses to include the cost of transportation and board while absent from his place of residence, shall be allowed, audited and paid out of the general fund, in the same manner as claims upon said fund are now allowed, audited, and paid; provided, that the sum so expended in any one year shall not exceed one thousand dollars;

2. To apportion the state distributive school fund;

3. To apportion the county school fund of each county among its various districts;

4. To report to the governor biennially, on or before the first day of December of the years preceding the regular session of the legislature. The governor shall transmit said report to the legislature; and whenever it is ordered published the state printer shall deliver a sufficient number of copies to the superintendent, who shall distribute the same among school officers of the state and of the United States. Said report shall contain a full statement of the condition of public instruction in the state; a statement of the condition and amount of all funds and property appropriated to the purpose of education, the number and grade of schools in each county; the number of children in each county between the ages of six and eighteen years of age; the number of such attending public schools; the number attending private schools; the number attending no schools; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public-school moneys apportioned to each county; the amount of money raised by county taxation, district tax, subscription or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building schoolhouses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational interests of the state as he may think of importance;

5. To prescribe suitable rules and regulations for making all reports and conducting all necessary proceedings under this act and to furnish suitable blank forms for the same; to cause the same, with such instructions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish each school district in the state with such registers. He shall prepare pamphlet copies of the school law and all amendments thereto, and shall transmit a copy thereof to each school trustee, school census marshal, and school teacher in the state;

6. To convene a state teachers' institute biennially in the even-numbered years in such place and at such time as he may deem advisable. It shall be his further duty to convene five district teachers' institutes in the various sections of the state biennially in the odd-numbered years in such places and at such times as he may deem advisable. He shall engage such institute lecturers and teachers as he shall deem advisable, and shall preside over and regulate the exercises of all state and district institutes. No institute shall continue less than four nor more than ten days. The expenses incurred in holding such institute shall be paid out of the state general fund; provided, that the amount for the state institute shall not exceed five hundred dollars nor the amount of any one district institute two hundred and fifty dollars and the state controller is hereby authorized and directed to draw his warrants for the same upon the order of the superintendent of public instruction. All teachers shall be required to attend the district institutes held in the supervision districts in which they may be teaching respectively, unless they shall be excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed;

7. To call, with the approval of the board of county commissioners, a county teachers' institute in any county at such time and place as in his judgment will best subserve the educational interests of the county, and to preside over and regulate the exercises of the same. The expenses of such institute shall be paid out of the county general fund of the county in which such institute is held; provided, that the board of county commissioners shall authorize such institute upon the application of the superintendent of public instruction; and provided, that such expenses shall not exceed the sum of one hundred dollars. All teachers shall be required to attend any county institute held in the counties in which they shall be teaching respectively, unless excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed;

8. To call meetings of the state board of education in January and June of each year, and at such other times as he shall deem proper or when two members of said board shall request a meeting;

9. To nominate deputy superintendents of public instruction for appointment by the state board of education;

10. To perform such other duties relative to the public schools as may be prescribed by law;

11. To have done at the state printing office any printing required in the performance of his duties;

12. To require a written report from each deputy superintendent on the first day of October, the first day of January, the first day of April, and the first day of July of each school year. Such reports shall contain any information or facts that the superintendent of public instruction may require;

13. To arrange blank forms, including school registers, for teachers' contracts, and supply the same to school trustees and teachers;

14. The superintendent of public instruction shall, at the expiration of his term of office, deliver to his successor all property and effects belonging to his office and take a receipt for the same.

CHAPTER 3

DEPUTY SUPERINTENDENTS OF PUBLIC INSTRUCTION

3245. Office of county superintendent abol

3250. Powers and duties of deputies.
3251. Compensation of deputies.

3252. Powers of deputies.

3253. Rules for deputies.

3254. Removal of deputies.

3245. Office of county superintendent abolished.

SEC. 7. The office of county superintendent of public schools either as a separate office or as an ex officio office shall be, and hereby is, abolished for all counties in this state on and after the thirty-first day of August, 1907; provided, that the ex officio county superintendent shall make the reports for the school year ending on the thirty-first day of August, 1907.

Cited, State ex rel. Daggett v. Collins, 2 Nev. 352.

3246. Educational districts established.

SEC. 8. Five educational supervision districts are hereby established as follows: District Number 1, comprising Elko County; District Number 2, comprising White Pine, Lander, Eureka Counties; District Number 3, comprising Humboldt and Churchill Counties; District Number 4, comprising Washoe, Storey, Ormsby, Douglas, Lyon, and Mineral Counties; District Number 5, comprising Lincoln, Nye, Clark, and Esmeralda Counties.

3247. Supervision districts.

SEC. 9. Upon the nomination of the superintendent of public instruction the state board of education shall, on or before the first Monday in May, 1911, and each fourth year thereafter, appoint one deputy superintendent of public instruction for each supervision district as herein provided for, and such appointee shall, at the time of his appointment and during his term of office, be a bona fide resident of the district for which he is appointed. Such appointee shall take office on the first Monday in September and shall serve for a period of four years, or until his successor shall have been appointed and shall have qualified; provided, that in case any nominee of the state superintendent is unsatisfactory to the board another nomination or nominations shall be made to the satisfaction of the board. In case a vacancy shall occur in the office of deputy superintendent of public instruction, the state board of education shall in like manner make an appointment for the unexpired term. The deputy superintendents of public instruction shall devote their entire time to school supervision and shall not engage in other work while holding this office.

3248. Qualifications of deputies.

SEC. 10. Any person holding a teacher's certificate of high-school grade and who shall have had not less than forty-five months' successful experience in teaching, at least twenty months of which shall have been in the State of Nevada, shall be eligible to appointment as deputy superintendent of public instruction, and no others shall be eligible to such appointment. 3249. Duties of deputies.

SEC. 11. It shall be the duty of each deputy superintendent to visit each school in his district at least twice a year, to examine the records and observe the work of each school carefully, to advise with teachers as to organization, management and teaching, to inspect school buildings, libraries and apparatus, to confer with trustees and county officers as to the condition and needs of their schools, to hold teachers' meetings, to assist at state, district and county institutes, and otherwise advance the educational interests of his district. The deputy superintendent of public instruction shall act as deputy examiner at teachers' examinations, as member of the board of educational examiners and shall assist the state board of education in preparing courses of study. He shall attend the meetings of the state. board of education to furnish information pertaining to the schools of his district when said board shall so order.

3250. Powers and duties of deputies.

SEC. 12. Within his supervision district, each deputy superintendent shall have power and it shall be his duty:

1. To file with the county auditor of each county a directory of all teachers who shall be entitled to draw salary from the state or the county funds, and to advise the county auditor from time to time of any changes or additions to such directory, and to file with the county auditor a directory of all qualified school trustees of each county. The county auditor shall not draw any warrant in favor of any teacher until he shall be officially informed by the deputy superintendent that such teacher is legally entitled to receive salary from the state or county school funds;

2. To investigate any claim against any school fund whenever a written protest against the drawing of a warrant in payment of said claim against any school fund shall be filed with the county auditor. If, upon investigation, the deputy superintendent of public instruction shall find that any claim against any school fund is illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such illegal claim, stating the reasons in writing why such order is illegal or excessive, and the county auditor, if so notified, shall not draw his warrant in payment of such claim. If the deputy superintendent of public instruction shall find that any protested claim is legal and actually due the claimant, he shall authorize the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim;

3. To suspend the certificate of any teacher for a time not to exceed one year, who fails to attend any district or county institute unless excused for nonattendance by the deputy superintendent;

4. To suspend the certificate of any teacher for any of the causes for which a certificate may be revoked by the state board of education;

5. To inspect the record books and accounts of boards of trustees, and to authorize and enforce an efficient method of keeping the financial records. and accounts of the school district;

6. To inspect the school fund accounts of the county auditors of the several counties, and report the condition of the funds of any school district to the trustees thereof;

7. To grade the schools in his supervision district, in the month of July of each year, designating which schools are high schools, and which are elementary schools, and to keep record of such gradation in his office;

8. To appoint school trustees in all districts in which the qualified voters fail to elect.

3251. Compensation of deputies.

SEC. 13. The compensation of each deputy superintendent of public instruction is hereby fixed at two thousand dollars per annum, and shall be paid out of the general fund of the state as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living, of each deputy superintendent of public instruction while absent from their places of residence, together with necessary office expenses, shall be paid from the general fund of the state, whenever such claims shall be allowed by the state board of examiners; provided, that not more than eight hundred dollars shall be paid from the general fund of the state in settlement of claims for such traveling expenses of any deputy superintendent of public instruction during any one year, and not more than three hundred and fifty dollars shall be paid from the general fund of the state in settlement of claims for such office expenses of any deputy superintendent of public instruction for any one year.

3252. Powers of deputies.

SEC. 14. The superintendent of public instruction shall confer upon the deputy superintendents such power and authority to act in his name as he