PREFACE The purpose of this work is to give a careful study and interpretation of the educational legislation of Washington from the early days of the territory down to 1924. In educational legislation one finds the truest expression of the constructive educational thought and activity of the period. The chief source of information in preparing this work has been, for the most part, the original legislative enactments as found in the law library and in the general library of the University of Washington. The biennial reports of the various superintendents of public instruction have been frequently referred to for more elaborate information. Professor Edmond S. Meany's History of Washington offers a wealth of information concerning the early history out of which our present educational system has developed. No great progress can be made toward a comprehensive understanding of the evolution of Washington's educational system until we have an accurate knowledge of the laws enacted by the various legislative bodies affecting public education. In Appendix C is given the data which make it possible for one to investigate in still greater detail the relation of the State of Washington to education in so far as it is expressed in state legislation. The indexes in the early volumes of the session laws were found in many cases to be defective and unreliable guides, for there are many important items in laws the titles of which give no clue that they contain material that relates in any way to education. Since the indexes were not dependable it was necessary to examine all of the laws of certain periods. Valuable material was also found in the memorials and resolutions. In a general way, there are three sources of school law in Washington: 1. The enactment by the legislature, which is final if constitutional. 2. The rules of the State Board of Education. The legislature has provided that the State Board of Education shall have authority to make rules. and regulations for the management of the common schools of the state and under this delegation of legislative authority the State Board of Education has adopted many rules which have all the force of a law enacted by the legislature itself. 3. School law by interpretation. In all cases where the statute is indefinite or ambiguous, it becomes the duty of some authority to determine what the law really is. The decision of the supreme court in the interpretation of the law is final. In the absence of a determination by the supreme court, the opinion of the attorney general as to the meaning of a law is accepted by all officers charged with the enforcement of the law. In addition to the decisions by the supreme court and the opinions of the attorney general upon questions of disputed interpretation, the law of this state provides that the superintendent of public instruction shall decide all points of law which may be submitted to him in writing by any county superintendent, or that may be submitted to him by any other person, upon appeal from the decision of any county superintendent; and he is required to publish his rulings and decisions from time to time for the information of school officers and teachers; and his decisions are final unless set aside by a court of competent jourisdiction. An attempt has been made in the following pages to present the material in such a way that it may be of service to the general student in this field. I wish to acknowledge my obligations to Dean Frederick E. Bolton for his critical reading of the manuscript and for his helpful and constructive suggestions during the progress of this work. My obligations to others are too many save one. To the good lady who bears my name, for her kind encouragement and help, belongs a large measure of the credit for whatever degree of merit this work may possess. to mention here School of Education University of Washington Seattle, Washington. August, 1925. DENNIS C. TROTH CONTENTS CHAPTER I. GEOGRAPHICAL AND HISTORICAL INFLUENCES.......... The physical features of Washington. The dawn of Washington's history. Not a government responsibility. Provision by the Organic Act of 1853. Private subscriptions. Missionary aid. Local school tax. 2. County and District Support..... The first governor's recommendation. Provision for permanent fund. Current fund. County commissioners to levy tax. District tax authorized. Special tax. Parents assessed. Fines credited to school fund. County com- missioners to sell school lands. Funds, how used. Maximum tax raised to ten mills. Special tax not to exceed ten mills. Districts composed of incor- porated towns. Tuition tax. School tax in 1886 to be not less than three nor more than six mills. In 1889, county levy of four to ten mills author- ized. Directors levy five mills, ten mills by vote of district. In 1891, maxi- mum county levy six mills. Maximum county levy raised to eight mills in 1897. In 1901, directors authorized to levy five mills for furnishings and school facilities, ten mills by district vote, union districts authorized to levy three mills. In 1903, annual expense limited, county tax three mills for in- debtedness; districts of 10,000, ten mills authorized, twelve mills by vote; county tax one-tenth mill for libraries. In 1907, cities of 10,000 and less than 50,000; cities 50,000 to 100,000; cities over 100,000, twenty mills by unanimous vote of board. In 1909, board limit, ten mills; limit by district vote twenty mills. County tax ten dollars per school census child. In 1917, county levy Constitutinal provision for permanent school fund. Sources of perman- ent school fund. Losses to permanent school fund. Constitutional provision. Sources of common school fund. Sectarian schools not entitled to support. Supplemental sources to current fund. 5. State Aid for Common Schools..... The New State's Educational Philosophy. The "Bare Foot School Boy Law" of 1895. Further state aid in 1899, 1901. Possible misconception of state aid. The "Twenty-Ten" plan. States which received no federal land grants. States which are receiving one section in each township. States re- ceiving two sections. States receiving four sections. Status of common school land grants by counties (1918). 6. The Proposed "Thirty-Ten" Plan... 7. Increased Cost of Education..... Basis of apportionment of 1854. District required to raise amount equal to county apportionment. Plan |