The daily journal. (Salem, Or.) 1899-1903, 1901-09-02
IALL ABOVE
EIGHTH
GRADES
In Public Schools Must Be
Submitted TO Voters.
Higher Grades in the Schools
Cannot be Taught Unless
Authorized at an Election.

dbktu hblOIuoy'IShoihl ~ is' A'' D'"NN
burn for his opinion on the following
question:
"Is it mandatory on the school dis
trict whose school board, prior to May
"a, 1901, authorizes the teaching oi
grades above the eighth grade, either
with or without a formal vote OF the
district authorizing it 80 to do, TO sub
init the question of teaching such grades
u TO legal voters Of the district rs pre-
o scribed IN subdivision 20, Of section 49,,
page 43, and section s3, page 63, Oregon
: School Laws?"
e The attorney General had rendered
his opinion on the subject, and in il he
u says that sections 8, OF the school laws
ia in substance the same as subdivision
20 Of section 4s QUOTED abovel except
that it applies TO "high schools" while
said subdivision 20 applies to grades
above the eighth. Therefore the opinion
az IN subdivision 20 Of section 13 will
apply also to section S3.
The Attorney General shows that the
old law, under which the boards acted
in the past, has been repealed and that
in place of It the new law, passed in
1901, is in before and must be complied
with. After quoting the act, he says:
ain my opinion, therefore, boards of
directors Of school districts, in establish.
ing grades in the public schools above
the eighth grade, must be governed and
controlled by the provision of said sub.
division 20 of section 4S, of the school
laws Of 1901, and in the estatlishmentiuf |
high schools b. the provisions Of section
s3, of said school laws, and cannot
establish high school or q grade higher
than the eighth grade, unless the ques-
ton has been submitted in the manner
perscribed by said act to the legal voters
and majority Of such legal voters shall
have voted in favor Of the said higher
grade or high school as the case may
be-"
superinte dent Ackermsn sends out
copies OF this opinion to each of the
county superintendents in the state, and
and accompanying it is the following
circular letter:
w herewith hand you an opinion
lately rendered to this department by
the Attorney General. The opinion is
self explanatory. ! have taken his
opinion as my decision as to the ques'
tion submitted TO him. The question
has also arisen as TO whether or not the
proviso, in section "a, viz: Provided
that noae Of the funds Of any district
shall be used for the purpose Of main
tanning high school, unless said dis
tIict shall also maintain at least eight
months instruction each year in the
lower grades Of the schools Of the state,
applies to subdivision 20, section 4S,
page 43, reading as follows;
"When one-third OF the legal voters
Of district shall petition the district
board. requiring that grades above the
eighth grade may be taught in such
district, OF whenever the district board
shall at its discretion think proper, it
sball give twenty days' notice previous
to the annual school meeting, or previous
to special election called for that purpose,
that IL will submit the question to the
legal voters OF said district whether
grades above the eighth shall bo taught
in such district, at which election the
electors OF the district shall vote by
, ballot for or against establishing such
grades. All notices contemplated in
: this subdivision shall be given as are
: all legal notices OF special school meet.
> ngs. After said election the ballots Of
{ said question shall be canvassed by the
district board, and il "A majority OF all
the votes cast shall be in favor Of
S establishing such grades it shall be the
D duty of the district board to establish
such grades aud determine what
branches shall be taught therein, and
the course OF study used by classes thus
formed In districts OF the second and
third classes shall be that prescribed by
the State Board Of Education"
"In my opinion the aforesaid provision
in section "a does not apply TO schools
operating under the provision of sub
division 26 section 4s, Oregon School
D Laws, for the reason that said seotionl
\ we're passed by the Legislative Assemb
ly as two Distinct and special meas
d ures, The State Board of Education ha
ol adopted the following resolution:
10 Resolved, that in schools hayinl
t. grades above the eighth grade taught il
1t them in accordance with the provision
, of subdivision 20, section As, page 4
+ Oregon School Laws, the hrst grad
y above the eighth grade, or the mint
. grade, shall pursue the same course @
+ study as that prescribed by the Stat
x Board OF Education for the first year {
u TIE high school and the second grad
y, above the eighth grade, or the tent
y grade, shall pursue the same course q
he study as that prescribed by the Stat
he Board. OF Education for the second iyea
I'd oiKthe high school and the third grad
ld above the eighth grade, or the elevent
r. grade, shall pursue the same course
or study as that prescribed by the stat
he Board of Education for the third yea
Of the high schools and the fourth grat
above the eighth grade, OF the twelil
grade, shall pursue the same course
" study as that prescribed by the Sta
% Board of Education for the fourth yes
HI