ment and maintenance: Provided, That if in the petition filed as provided for in section 1 of this act, a majority of the voters of the school districts proposed to be consolidated shall specify the place in such consolidated district where such building is to be located, said board shall arrange for its location at such place: Provided, further, That an appeal from any adverse or favorable decision of such board as to the sufficiency of the petitions filed or from a decision refusing or determining to consolidate such districts may be taken by the voter or voters affected to the circuit or superior court of the county in which such school districts are situated. Notice of such appeal shall be given in writing by the parties taking the appeal within ten (10) days after such decision, to the chairman of such board and a bond for costs shall be filed by the parties taking the appeal or someone in their behalf within twenty (20) days after such decision and on the filing of such bond the chairman of such board shall at once transmit to the clerk of the court to which the appeal is taken, all petitions and papers theretofore filed by the petitioners and a transcript of the decision or ruling appealed from. On the hearing of such appeal all matters involved shall be tried de novo by the circuit or superior court, without the intervention of a jury.

See section 6482q for section 1 of this act.

6482y. Advisory boards to appropriate funds.-3. The presentation of the petitions to the trustees as provided for in section 1 hereof and the consolidation of such districts into one consolidated district, shall be deemed to create an emergency for the erection and construction of a school building in such consolidated school district, and the advisory boards of the several townships affected by such consolidation shall meet on the call of the trustees of their respective townships and shall provide and appropriate on behalf of their respective townships the necessary funds to enable the board provided for in section 2 of this act to construct and equip such school house and maintain such school. Such funds when provided shall be paid to the treasurer of said board and shall be paid out by him on the orders of said board.

See section 6482r for section 4 of this act.

6482z. Meetings and record of board.-5. The officers comprising the board for the management and control of such consolidated school shall meet and organize after their first organization, in the first week in January, and annually thereafter, and such board shall keep a record of its action in all matters in a proper minute book. The minutes and accounts of such board shall be open to examination and inspection as any other records of township trustees under the laws of this state.

6482a1. Repeal-Pending litigation.-6. All laws or parts of laws in conflict herewith are hereby repealed. Provided, however, That any litigation pending under such former laws or under the act of which this act is amendatory, wherein a contract has been let shall not be affected by such repeal but the same shall proceed to final disposition as if such laws were not repealed, Provided further, That where any proceeding is pending in any township or townships of this state, at the time of the taking effect of this act, for the consolidation of any of the schools of any such township or townships, or for the purpose of establishing, a joint high school and elementary school therein, then and in that event any such proceeding so pending shall in all cases have precedence over any proceeding which may thereafter be instituted under the provisions of this act.

[Acts 1919, p. 769. In force May 15, 1919.]

6483a. Free kindergartens, cities and towns.-1. The board of school trustees or the board of school commissioners of any incorporated town or city may establish and maintain, in connection with the other schools of such town or city, a free kindergarten or kindergartens for the instruction of children between the ages of four and six years, the expense of which shall be paid for in the same manner as other grades and departments now established in the common schools of such school corporation.

6483b. Tax levy, rate.-2. For the purpose of establishing and maintaining any such free kindergarten, the proper school authorities may, in fixing the annual levy of taxes for school purposes, include therein not to exceed two cents on the one hundred dollars of taxable property located within any such school corporation; but nothing herein contained shall prevent such school authorities from providing for such free kindergarten from the same revenue and in the same manner as other grades and departments in the common schools of such school corporations are provided for.

6483c. Use of funds to assist kindergarten associations.-3. Any such school authorities may, in their discretion, apply the fund provided for in section 2, of this act, or such portion thereof as they deem advisable, to the aid, maintenance and support of free kindergarten schools conducted by any association incorporated for that purpose; Provided, however, That such association in any town or city shall have the approval of the board of school trustees or board of school commissioners of such town or city.

6484. Tax for kindergartens.

The statute providing for the levy of a tax by a board of school commissioners for the support of kindergarten schools is mandatory, and such commissioners

have no discretion as to levying such a tax when the facts required by statute authorizing the levy of the tax exist. Morrison v. State ex rel., 181 Ind. 544, 105 N. E. 113.

[Acts 1919, p. 682. In force May 15, 1919.]

6487a. Physical education, cities and towns of 5,000 or more.—1. The State Board of Education may prescribe suitable courses of instruction in physical education, in accordance with the provisions of this act, for all pupils enrolled in the private, elementary and high schools of the state, except pupils who may be excused from such training on account of physical disability, such physical disability to be determined by the health supervisor of the school corporation, if there be a health supervisor, or by any reputable physician licensed · to practice medicine in the state. Such courses of instruction in physical training shall be adapted to the ages and capabalities of the pupils in the several grades of the elementary and high schools and shall include physical exercise, calisthenics, formation drills, games and athletics and such other features and details as, in the discretion of the State Board of Education, may aid in carrying out the spirit and purpose of this act.

6487b. Aims and purposes.-2. The aims and purposes of the course of physical education established under the provisions of this act shall be as follows:

(1) To develop physical and organic vigor; provide neuromuscular training; promote bodily and mental poise; correct and prevent postural and bodily defect; and to develop a correct carriage and mental and physical alertness.

(2) To secure the more advanced forms of co-ordination, strength and endurance, and to promote the more desirable moral and social qualities, such as an appreciation of the value of co-operation under leadership, self-subordination, obedience to authority, higher ideals, courage, self-reliance, disciplined initiative, self-control and a wholesome and robust interest in recreational activities.

(3) To promote a hygienic school and home life and to secure scientific supervision of the sanitation of school buildings, playgrounds and athletic fields and the necessary equipment thereof.

(4) Such course may likewise include suitable instruction in personal and community health and safety; the privileges and responsibilities of citizenship as they are related to community and national welfare; the production of the highest type of patriotic citizenship; and domestic hygiene and first aid.

6487c. Compulsory attendance, credits.-3. It shall be the duty of the township trustee, board of school trustees or board of school commissioners of each school corporation in which courses in physical

education are established in accordance with the provisions of this act to provide for, install and enforce such courses of physical education as may be prescribed by the state board of education in accordance with the provisions of this act, and to require that such physical education be given in the schools under their jurisdiction and control. All pupils enrolled in the elementary schools of the state, except pupils excused therefrom in accordance with the provisions of this act, shall be required to attend upon and receive instruction in such prescribed courses of physical education during periods which shall average not less than fifteen minutes in each school day; and all pupils enrolled in the high schools of the state, except pupils excused therefrom in accordance with the provisions of this act, shall be required to attend upon and receive instruction in such prescribed courses of physical education for at least two hours each week that school is in session. Beginning with the school year 1919-1920, the successful completion of a course in physical education, as prescribed by the State Board of Education, in accordance with the provisions of this act, including the minimum number of hours of physical training prescribed, shall entitle any pupil who has completed such course to a credit or credits in promotion or graduation from the school attended by any such pupil. The conduct and attainment in physical education of the pupils of the several grades in the elementary and high schools, taking such course, shall be marked as in other courses or subjects, and the standing of the pupil in connection therewith shall form a part of the requirements for promotion or graduation.

6487d. Teachers of physical education, salary.-4. When the number of pupils in any school corporation is sufficient, such school corporation, through its properly constituted school authorities, may employ one or more competent teachers of physical education. The school authorities of two or more contingous school corporations may, by written agreement, join in the employment of a competent teacher or teachers of physical education for the schools of such contiguous school corporations, and the salary of such teacher or teachers shall be apportioned on the basis of the assessed valuation of the taxable property of the joining school corporations. It is hereby made the duty of the State Board of Education to determine when courses in physical education shall be established and where teachers of physical education shall be employed, under the provision of this section, in any school corporation or in contiguous school corporations.

6487e. Accredited schools and departments.-5. The State Board of Education, in arranging for a regular system of normal school instruction throughout the state, and in designating what schools and professional departments therein shall be accredited in the state sys

tem of normal school instruction, may prescribe and require that no public or private educational institution of the state shall be admitted to the "accredited" class of the state system of normal school instruction unless and until such educational institutions shall prescribe a suitable course in physical education, to be approved by the board, and shall make the completion of such course a requirement for graduation: Provided, That the provisions of this section shall not apply to any educational institution admitted to the "accredited" class prior to the passage of this act, but no such educational institution shall be continued in the "accredited" class after the beginning of the school year 1919-1920 unless such institution shall in all respects comply with the provisions of this section.

6487f. Special assistants, rules, State Superintendent's duty.-5. It shall be the duty of the State Superintendent of Public Instruction with the advice of the State Board of Education to adopt and promulgate such rules and regulations and to employ such special assistants from time to time as may be necessary to secure the establishment and maintenance of courses in physical education in the elementary and high schools and accredited schools of the state in accordance with the provisions of this act.

6487g. Teachers' qualifications and examinations.-7. The State Board of Education shall from time to time prescribe necessary qualifications and conduct examinations of teachers in physical training.

6487h. When courses shall be established.-8. All courses of physical education contemplated in this act shall be established at the beginning of the school year 1919-1920 and shall thereafter be maintained.

64871. Appropriation.-9. The sum of five hundred dollars or such part thereof as may be needed is hereby appropriated annually for the enforcement of the provisions of this act.

6487j. Application of act.-10. The provisions of this act shall apply only to cities and incorporated towns of five thousand (5,000) or more population, according to the last preceding United States

census.

6488. Superintendent in cities and towns.

School trustees may employ a superintendent of schools for a period of three years, although all the terms of such trustees will expire before the end of the time for which the superintendent was employed. Moon v. School City, 50 App. 251, 98 N. E. 153.

6490a.

[Acts 1921, p. 51. In force February 24, 1921.]

Schools in cities of 58,000 to 70,000.-1. The government of the common schools in cities having a population of more than fifty