over to the State (Congress consenting); also 10 per cent of the net proceeds of the sales of all State lands; also all grants, gifts, or devises that may have been or hereafter may be made to this State, and not otherwise appropriated by the tenure of the grant, gift, or devise, shall be securely invested and sacredly preserved as a public fund that shall be designated as the "common school fund" of the State, and which shall be the common property of the State, except the proceeds arising from the sale or lease of the sixteenth section, the principal of which shall never be apportioned or used.

The annual income from said fund, together with $1 per capita annually assessed on every male inhabitant over the age of 21 years, and so much of the ordinary annual revenue of the State as may hereafter be set apart by law for such purpose, shall be faithfully appropriated for maintaining a system of free common schools for this State, and shall be appropriated to no other purpose whatsoever. The State auditor shall, on requisition from the State superintendent of public instruction, draw warrants on the State treasurer for payment to the several county treasurers of the school revenues due their respective counties.

The management of the common school fund shall be vested in a board of commissioners of the school fund, composed of the secretary of state, the auditor, and State superintendent of public instruction.

Taxation. The general assembly shall provide by general laws for the support of common schools by taxes, which shall never exceed in any one year 2 mills on the dollar on taxable property, and a per capita tax of $1 on every male inhabitant of the State over 21; provided, it may authorize school districts to levy a tax not to exceed 5 mills on the dollar in any one year for school expenses. (See also Organization; District board.)

CALIFORNIA.

ORGANIZATION OF THE SYSTEM.

State board of education-State superintendent of public instruction-County board of trustees of the "School Teachers' Annuity and Retirement Fund "County board of education-County superintendent of schools-District board of school trustees-City board of education.

State board of education.-The State board of education shall be the governor, the president of the University of California, the professor of pedagogy in that institution, the State superintendent, and the principals of the State normal schools, the governor being president and the superintendent secretary of the board. The duties of the board are to adopt regulations for the government of the public schools and the district school libraries; to prescribe by general rule the credentials upon which persons may be granted certificates to teach in the high schools of this State. No credentials shall be prescribed or allowed unless the same, in the judgment of said board, are the equivalent of a diploma of graduation from the University of California, and are satisfactory evidence that the holder thereof has taken an amount of pedagogy equivalent to the minimum amount of pedagogy prescribed by the State board of education of this State and include a recommendation for a high school certificate from the faculty of the institution in which the pedagogical work shall have been taken. The said board shall also consider the cases of individual applicants who have taught successfully for a period of not less than twenty school months, and who are not possessed of the credentials prescribed by the board under the provisions of this section. The said board, in its discretion, may issue to such applicants special credentials upon which they may be granted certificates to teach in the high schools of the State. In such special cases the board may take cognizance of any adequate evidence of preparation which the applicants may present. The standard of qualification in such special cases shall not be lower than that represented by the other credentials named by the board under the provisions of this section. To grant diplomas entitling the holder to teach; to have done by the State printer or other officer having the management of the State printing any printing required by it, provided that all orders for printing shall first be approved by the State board of examiners; and to designate some educational monthly journal as the official organ of the department of public instruction. One ED 1904 M-17

copy of the Journal so designated shall be furnished by the county superintendent to the clerk of each board of district trustees, to be placed by him in the district library, and the county superintendent of schools shall draw his warrant semiannually in favor of the publishers of such school journal for a sum not exceeding $1.50 a district for each school year and charge the same to the library fund of the district. The actual traveling expenses of the members incurred in attending the meetings of the board shall be paid out of the general fund in the State treasury.

State superintendent of public instruction.-Every four years there shall be elected a State superintendent of public instruction, whose duty shall be: First. To superintend the schools of this State. Second. To report to the governor, on or before the 15th day of September preceding each regular session of the legisture, a statement of the condition of the State normal schools and other educational institutions supported by the State, and of the public schools. Third. To accompany his report with tabular statements, showing the number of school children in the State; the number attending public schools, and the average attendance; the number attending private schools, and the number not attending schools; the amount of State school fund apportioned, and the sources from which derived; the amount raised by county and district taxes, or from other sources of revenue, for school purposes; and the amount expended for salaries of teachers, for building schoolhouses, for district school libraries, and for incidental expenses. Fourth. To apportion the State school fund, and to furnish an abstract of such apportionment to the State comptroller, the State board of examiners, and to the county auditors, county treasurers, and county superintendents of the several counties of the State. Fifth. To draw his order on the comptroller in favor of each county treasurer for school moneys apportioned to the county. Sixth. To prepare, have printed, and furnish all officers charged with the administration of the laws relating to the public schools, and to teachers, such blank forms and books as may be necessary to the discharge of their duties, including blank teachers' certificates to be used by county boards of education. Seventh. To have the laws relating to the public schools printed in pamphlet form, and to supply school officers and school libraries with one copy each. Eighth. To visit the several orphan asylums to which State appropriations are made, and examine into the course of instruction therein. Ninth. To visit the schools in the different counties, and inquire into their condition; and the actual traveling expenses thus incurred (provided that they do not exceed $1,500 per annum) shall be allowed, audited, and paid out of the general fund in the same manner as other claims are audited and paid. Tenth. To authenticate with his official seal all drafts or orders drawn by him, and all papers and writings issued from his office. Eleventh. To have bound, at the State bindery, all valuable school reports, journals, and documents in his office, or hereafter received by him. Twelfth. To report to the comptroller, on or before the 10th day of July of each year, the total number of children in the State between the ages of 5 and 17 years, as shown by the latest reports of the county superintendents on file in his office. Thirteenth. To deliver over, at the expiration of his term of office, on demand to his successor, all property, books, documents, maps, records, reports, and other papers belonging to his office, or which may have been received by him for the use of his office.

He shall have power to call, biennially, a convention of the county and city superintendents, to assemble at such time and place as he shall deem most convenient, for the discussion of questions pertaining to the supervision and administration of the public schools, the expenses of the superintendents being met by the State.

County boards of education.-Except in any city and county, there shall be a county board of education, which shall consist of the county superintendent of schools and of four other members, appointed by the board of supervisors of the county; a majority of the members appointed shall be experienced teachers, holding not lower than grammar school certificates in full force and effect: Provided, That in all counties in which there are one or more high schools at least one of the appointive members of the board for such county or counties shall hold a certificate of the high school grade. Each county board shall meet annually at such time as they may determine. Special meetings may be called by the superintendent whenever the exigencies of the schools may require them to be held.

Examination of applicants for teachers' certificates shall be held only at the annual meeting of the board, but certificates upon credentials may be granted and certificates renewed at any meeting of the board.

The board of supervisors shall allow to each member of the county board of education a compensation of $5 per day for his services, and the same rate of mileage as is allowed to the members of the board of supervisors of the county. The secretary shall be allowed the sum of $5 per day for the actual time that the board may be in session; said compensation of the members of the board, and of the superintendent, shall be payable out of the same fund and in the same manner as the salary of the county superintendent.

The board shall have power to examine teachers, and grant certificates, to prescribe and enforce the use of a uniform series of text-books and a course of study in the public schools, and adopt a list of books and apparatus for district school libraries, to issue diplomas of graduation from any of the public schools of the county, except in incorporated cities having boards of education.

County superintendents of schools.-Every four years there shall be elected a county superintendent of schools, whose duty shall be to superintend the schools of his county; to apportion the school moneys to each school district at least four times a year; to draw upon the county auditor for the sums due district or city schools; to keep, open to the inspection of the public, a register of requisitions, showing the fund upon which the requisitions have been drawn, the number thereof, in whose favor, and for what purpose they were drawn, and also a receipt from the person to whom the requisition was delivered; to visit and examine each school in his county at least once in each year, and for every school not so visited the board of supervisors must, on proof thereof, deduct $10 from his salary; to preside over teachers' institutes held in his county, and to secure the attendance thereat of lecturers competent to instruct in the art of teaching, and to report to the county board of education the names of all teachers in the county who fail to attend regularly the sessions of the institute; to enforce the course of study, the use of text-books, and the rules and regulations for the examination of teachers prescribed by the proper authority. He shall have power to issue, if he deem it proper to do so, temporary certificates, valid until the next semiannual meeting of the county board of education, to persons holding certificates of like grade granted in other counties, cities, or cities and counties, or upon any certificates or diplomas upon which county boards are empowered to grant certificates without examination, but no person shall receive such certificate more than once in the same county. He shall distribute all laws, reports, circulars, instructions, and blanks which he receives for the use of school officers; keep in his office the reports of the superintendent of public instruction; keep a record of his official acts, and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants examined, which shall be open to the inspection of any applicant or his authorized agent; pass upon and approve or reject all plans for schoolhouses, except in incorporated cities having boards of education (and to enable him to do so, all boards of trustees, before adopting any plans for school buildings, must submit the same to the county superintendent for his approval); appoint trustees to fill all vacancies, to hold until the 1st day of July succeeding such appointment; when new districts are organized, shall appoint trustees for the same, who shall hold office until the 1st day of July next succeeding their appointment; make reports, when directed by the superintendent of public instruction, showing such matters relating to the public schools in his county as may be required of him, and failure to do so causes him to lose $100 of his salary; preserve carefully all reports of school officers and teachers, and, at the close of his official term, deliver to his successor all records, books, documents, and papers belonging to the office, taking a receipt for the same, which will be filed in the office of the county clerk. He shall, unless otherwise provided by law, in the month of July of each year, grade each school, and a record thereof shall be made in a book to be kept by the county superintendent in his office for this purpose.

His traveling expenses shall be paid, provided they do not exceed $10 a district in the year. No superintendent who receives an annual salary of $1,500 or more may follow the profession of teaching or any vocation that can conflict with his duties as superintendent. The county superintendent may ap point a deputy, but the deputy shall receive no compensation.

District board of school trustees and city board of education.-No new school district shall be formed unless the parents or guardians of at least 15 children of school age, residents in the contemplated district, and residing a greater distance than 2 miles by a traveled road from the public schoolhouse in the district in which said parents or guardians reside, present a petition to the county superintendent. Every city or incorporated town, unless subdivided by

the legislative authority, shall constitute a separate school district, which shall be governed by the board of education or board of school trustees.

An election for school trustees must be held in each school district on the first Friday of June of each year, at the district schoolhouse, if there is one, and if there is none, at a place to be designated by the board of trustees. The number of school trustees for any school district, except where city boards are otherwise constituted by law, shall be three, each to serve three years.

Boards of education are elected in cities under the provisions of the laws governing such cities, and their powers and duties are as prescribed in such laws, except as otherwise provided. The powers and duties of trustees of school districts and of boards of education in cities are as follows:

First. To prescribe and enforce rules, not inconsistent with law or those prescribed by the State board of education for their own government and government of schools, and to transact their business at regular or special meetings called for such purpose, notice of which shall be given each member.

Second. To manage and control the school property within their districts, and to pay all moneys collected by them, from any source whatever, for school purposes into the county treasury, to be placed to the credit of the special fund of their districts.

Third. To purchase text-books of the State series for the use of pupils whose parents are unable to purchase them; school furniture, including organs and pianos, and apparatus and such other things as may be necessary for the use of schools: Provided, That, except in incorporated cities having boards of education, they purchase such books and apparatus only as have been adopted by the county board of education.

Fourth. To rent, furnish, repair, and insure the school property of their respective districts.

Fifth. When directed by a vote of their district, to build schoolhouses or to purchase or sell school lots.

Sixth. To make, in the name of the district, conveyances on all property belonging to the district and sold by them.

Seventh. To employ the teachers and, excepting in incorporated cities having boards of education, immediately notify the superintendent of schools, in writing, of such employment, naming the grade of certificate held by the teachers employed; and to employ janitors and other employees of the schools; to fix and order paid their compensation, unless the same be otherwise prescribed by law: Provided, That no board of trustees shall enter into any contract with such employees to extend beyond the 30th day of June next ensuing. Eighth. To suspend and expel pupils for misconduct.

Ninth. To exclude from schools children under 6 years of age: Provided. That in cities and towns in which the kindergarten has been adopted, or may hereafter be adopted, as a part of the public primary schools children may be admitted to such kindergarten classes at the age of 4 years.

Tenth. To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority.

Eleventh. To appoint district.librarians and enforce the rules prescribed for the government of district libraries.

Twelfth. To exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

Thirteenth. To furnish books for the children of parents unable to purchase them, the books so furnished to belong to the school district and to be kept in the district school library when not in use.

Fourteenth. To keep a register, open to the inspection of the public, of all children applying for admission and entitled to be admitted into the public schools, and to notify the parents or guardians of such children when vacancies occur, and receive such children into the schools in the order in which they are registered.

Fifteenth. To permit children from other districts to attend the schools of their district only upon the consent of the trustees of the district in which such children reside: Provided, That should the trustees of the district in which children whose parents or guardians desire them to attend in other districts reside refuse to grant their consent, the parents or guardians of such children may appeal to the county superintendent, and his decision shall be final.

Sixteenth. On or before the 1st day of April in each year to appoint a school census marshal, and notify the superintendent of schools thereof, but in any city, or city and county, the appointment of all school census marshals shall be subject to the approval of the city superintendent of schools. In case of failure

to so appoint marshals the board are jointly and severally liable for the amount the district loses of the apportionment of school moneys.

Seventeenth. To make an annual report on or before the 1st day of July to the superintendent of schools, in the manner and form and on the blanks prescribed by the superintendent of public instruction.

Eighteenth. To make a report, whenever required, directly to the superintendent of public instruction, of the text-books used in their schools.

Nineteenth. To visit every school in their district at least once in each term, and examine carefully into its management, condition, and wants. This clause to apply to each and every member of the board of trustees.

Twentieth. Boards of trustees may, and upon a petition signed by a majority of the heads of families resident in the district, as shown by the last preceding school census, must, call meetings of the qualified electors of the district for determining or changing the location of the schoolhouse or for consultation in regard to any litigation in which the district may be engaged or be likely to become engaged, or in regard to any affairs of the district. The board must sustain all the schools established by them for an equal length of time and, as far as practicable, with equal rights and privileges.

The board of education of every city or city and county, or board of school trustees of every school district in this State, containing five or more deaf children, or children who from deafness are unable to hear common conversation, between the ages of 3 and 21 years, may in their discretion establish and maintain separate classes in the primary and grammar grades of the public schools, wherein such pupils shall be taught by the purely oral system for teaching the deaf.

The census marshal shall annually take an enumeration of all children, including Indians who pay taxes or who are not living in tribal relation, under 17 years of age.

2. TEACHERS.

Appointment, qualifications, and duties—Preliminary training-Meetings.

Appointment, qualifications, and duties.--Every teacher shall, previous to entering upon duty, file a valid certificate with the county superintendent of schools, and show that he is 18 years of age or more.

The State board of education shall have power to grant life diplomas of four grades, valid throughout the State, as follows: (a) High school: Authorizing the holder to teach in any primary and grammar or high school. (b) Ġrammar school: Authorizing the holder to teach in any primary or grammar school. (c) Kindergarten-primary: Authorizing the holder to teach in the kindergarten class of any primary school. (d) Special: Authorizing the holder to teach in any school such special branches and in such grades as are named in such diploma.

Life diplomas may be issued only to such persons as have held for one year, and still hold, a valid county, or city and county, certificate corresponding in grade to the grade of diploma applied for, and who shall furnish satisfactory evidence of having had a successful experience in teaching of at least forty-eight months. Not less than twenty-one months of said experience shall have been in the public schools of California. Every application must be accompanied to the State board of education by a certified copy of a resolution adopted by at least a three-fourths vote of all the members composing a county, or city and county, board of education, recommending that the diploma be granted, and also by an affidavit of the applicant, specifically setting forth the places in which and the dates between which said applicant has taught. The application must be accompanied by a fee of $2, for the purpose of defraying the expense of issuing the diploma.

To revoke or suspend for immoral or unprofessional conduct, or for evident unfitness for teaching, life diplomas, educational diplomas, documents issued under the provisions of sections 1503 and 1775 of this code, or credentials issued in accordance with subdivision 2 of this section, and to adopt such rules for said revocation as they may deem expedient or necessary.

County boards of education may, on examination, grant certificates as follows: (1) Grammar school certificates: To those who have passed a satisfactory examination in the following studies: Reading, English grammar and advanced composition, English and American literature, orthography and defining, penmanship, drawing, vocal music, bookkeeping, arithmetic, algebra to quadratics, plane geometry, geography (physical, political, and industrial), elementary