Private Acts of 1917 Chapter 475

COMPILER’S NOTE:  This act must be read in conjunction with Private Acts of 1983, Chapter 122, and Private Acts of 2022, Chapter 50, reproduced following this act.

SECTION 1.  That in all the counties of Tennessee having a population of not less than 89,000 nor more than 90,000 by the Federal Census of 1910 or by any subsequent Federal Census, there shall be and is hereby created a Board of Education to be composed of seven residents of said counties, one of whom shall be designated as president of board, the member of said board to be elected as hereinafter provided, who at the time of their election shall have reached the age of thirty years and shall have previously resided in the counties affected at least one year.  No member of said board shall be a candidate for or eligible to any other office, either State, county or municipal, during the term for which he or she is elected.

SECTION 2.  That the members of both the Grammar and High School Boards in said counties and the members of all other school boards in said counties to which this act shall apply, shall be permitted to hold their office until the expiration of the same by law, but on the expiration of the terms of office of said members of said grammar and high school boards and all other members of school boards in said counties, their offices shall be abolished and the Quarterly County Courts in the counties affected by this act shall at the April term, 1918, elect the board of seven members herein provided, and the members of said board shall hold their offices for a term of, to-wit:  Three members and the president who shall serve for a term of four years and the other three members shall serve for a term of two years.  The said Quarterly County Court in electing such officials shall designate the president of the board and each and all the other members of the board by name and the respective term of office shall serve.  Such officials shall act until their successors in office shall be elected.  And the said successors of the members of said Board of Education herein created, including the president thereof, shall also be elected by the Quarterly County Courts of the counties affected by this act, at the April term of said court herein every two and four years respectively.  No compensation shall be paid to the members of said Board of Education herein provided for.

SECTION 3.  That in each of said counties, on the first Monday of the month following the election of the members of the board herein provided for, said board shall meet and organize by electing a vice-president, a clerk of the board shall be appointed by the County Superintendent of Education in the counties to which this act shall apply.

The Secretary of said board shall be the County Superintendent of Education in said counties.  It shall be the duty of the president to preside at all meetings of the board, and to sign all warrants duly authorized by resolution passed at any meeting of the board and by a majority vote of said board, and it shall be the duty of the vice-president to act for the president, in the event of his absence or disability.  The board is authorized to adopt rules and by-laws for its government, and to provide for such committees as the majority of the board shall deem advisable.  All vouchers and warrants issued by said board shall be countersigned by the said County Superintendent of Public Education in said counties.

SECTION 4.  That from and after the election and qualification of the members of said Board of Education in the counties to which this act shall apply; the location, building, management and control of all the public schools of all grades in said counties, including all grammar and high schools, shall be vested in the said Board of Education herein created, together with the right to employ and fix the compensation of all principals, teachers, janitors, and other employes, and to pay such compensation to such persons and to maintain the grammar and high schools as now provided for by law, and to fix the grade and location of the same, to supervise the purchase of all needed supplies, where not otherwise provided by law, and generally to control the expenditure of all public school funds apportioned to said counties and levied and collected by them for school purposes.

SECTION 5.  That it shall be the duty of said Board of Education to keep a register of the names of all the children in said counties within the school age in alphabetical order, with separate marked columns showing the name of the child and color, the name of the parent or guardian, the residence, the age, the school at which enrolled, the public or private school actually attended, the time of attendance, and a column for general information.  To aid in the keeping of this register it shall be the duty of the enumerators taking the scholastic population to write down the names of each child, and of their parents or guardians, their residences, color and ages, and the school actually attended if not a public school of the county.  It shall be the duty of the probation officer of the county, where such officer is otherwise provided by law in the counties to which this act shall apply, to furnish the Secretary of the said board the names of the children who do not attend school and the cause of their non-attendance.  And it shall be the duty of the teacher or principal in charge of each public school of the county to furnish to the Secretary of the board a list of the pupils enrolled, their ages, color, and the days of attendance during each month.  The register shall be compiled by the Secretary of the board from the information so obtained, and from such other sources as may be available.  The expense of compiling and keeping such register shall be paid out of the public school funds, as other expenses are paid.

SECTION 6.  That the said board shall fix the compensation of its Secretary, whose duty it shall be to keep a system of books containing an itemized statement of all funds credited to the board, all accounts payable and disbursements made, and a complete itemized record of all funds credited to the board and disbursed on warrants issued by it.

He shall make a statement to the board at least once each month of all accounts to be audited and paid, and of all petitions, claims and other matters to be considered by the board.  It shall also be his duty to keep accurate minutes of all meetings of said board, in which shall appear a statement of each resolution or motion adopted.

SECTION 7.  That the said Board of Education shall make to the April term of each Quarterly County Court in said counties a report showing the receipts and disbursements, the schools taught with the number of pupils attending, and teachers and employes employed in each and such other matters as they may deem advisable.  They shall submit as a part of said report an itemized statement of the amount which will be required to run the schools for the ensuing year.

SECTION 8.  That all the taxes levied by the Quarterly County Courts in said counties and all funds now collected as provided by law shall be continued in force in said counties and when so levied and collected shall be kept by the county trustees in said counties separate from all other funds and shall be withdrawn only upon warrant as herein provided for.

SECTION 9.  That the board shall have the power to appoint and fix the compensation of all teachers, assistants and employes necessary for the purpose of performing any duty prescribed by this act.

SECTION 10.  That this law shall not apply to the schools of municipal corporations.

SECTION 11.  That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.

SECTION 12.  That this Act take effect from and after the first Monday in September, 1918, the public welfare requiring it.

Passed:  April 2, 1917.