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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.
[Fee.] The application for any credentials or diploma or document mentioned in this chapter must be accompanied by a fee of two dollars, and in addition thereto each applicant permitted to take an examination shall, before he is so permitted, pay a fee of ten dollars. All of the above fees must be paid into the state treasury to the credit of the contingent fund of the state board of education and applied by said board in defraying or in partially defraying the expense of investigating the qualifications of candidates, issuing credentials, documents or diplomas, and providing for the employment of professional experts to conduct examinations for special credentials and highschool credentials, as specified in subdivisions second and fourth of this section.
Seventh. [Revocation of life diplomas.] To revoke or suspend for immoral or unprofessional conduct, or for evident unfitness for teaching, life diplomas, documents issued under the provisions of sections one thousand five hundred three and one thousand seven hundred seventy-five of this code, or credentials issued in accordance with the provisions of this section; and to adopt such rules for said revocation as they may deem expedient or necessary.
Eighth. [Commission of credentials.] The state board of education, in order to meet emergencies, is hereby authorized to create a commission of credentials, to consist of the commissioner of elementary schools, the commissioner of secondary schools and the commissioner of industrial and vocational education. This commission, when directed by the board, shall have authority to review the cases of applicants for the special credentials and the high-school credentials, specified in subdivisions second and fourth of this section, and when said commission is satisfied that any candidate fully meets the standards maintained by the state board it may issue the proper credential; provided, that said credential to be valid must be issued upon the regular form used by the state board of education and must be signed by the secretary and president of said state board.
History: Original section, relating to free text-books for state institutions, enacted April 24, 1915, Stats. and Amdts. 1915, p. 184; amended into present provision May 18, 1917, Stats. and Amdts. 1917, p. 701. In effect July 27, 1917.
§ 1519b. COMPILE TEXT-BOOKS. The state board of education shall have power and it shall be its duty:
First. To compile in whole, or in part, and to manufacture such text-books as are now in use; to compile, or cause to be compiled, and manufacture such other additional text-books or books, as it may deem necessary or proper for use in the elementary schools of the state, as provided by section one thousand six hundred sixty-five of the Political Code; to purchase books when necessary, or lease plates, maps, engravings or copyright matter for use in manufacturing such text-books; contract for, or lease copyrights for use in compiling, printing or publishing such books; to provide for the payment of royalties or for the leasing of plates or making the whole or any part of a book, and to do any or all things that may be necessary for the purpose of procuring a uniform series of text-books for use in the elementary day and evening schools of the state.
Second. [Contract for use of plates, etc.] Whenever any plates, maps, or engravings of any publisher or author are adopted for use, or whenever any books have been purchased, as hereinbefore provided, the state board of education shall enter into a contract for not less than four years nor more than eight years for the use of the same in the elementary day and evening schools of the state, and shall require a good and sufficient bond of the owner or owners of such books, plates, maps or engravings under a written guarantee [y] that the same shall be kept revised and free from all errors and up to date as may be required by the state board of education.
Third. [Copyrights.] The state board of education may secure copyrights in the name of the people of the State of California, to any book that may be compiled.
[Uniform use of text-books.] Whenever any one or more of the state text-books shall have been compiled or purchased, published and adopted, the superintendent of public instruction, on the order of the state board of education shall issue an order to all county, city, city and county school superintendents by sending notices by registered mail to said superintendents who in turn shall notify the secretaries of all boards of education in the cities and the clerk of the board of school trustees and the teacher or principal in each school district, requiring the uniform use of such book, in the grades of the elementary day and evening schools for which they have been adopted, and when such order has thus been given and published, the same shall remain in force and effect for a term of not less than four nor more than eight years; provided, that such order for the uniform use of such book, shall not take effect until the beginning of the next fiscal year; namely, the first of July next following the issue of the order, or at such time thereafter as may be fixed by the state board of education; provided, that the book shall go into use at the beginning of a fiscal year.
When a book has been adopted, the state board of education shall enforce the uniform use of such book, in the elementary day and evening schools for which said book has been adopted.
Fourth. [Refusal to use state text-books.] Any teacher, or city, county, or city and county superintendent of schools or any board of education, refusing or neglecting to use said series of state text-books at the time required in the last preceding subdivision of this act, shall be guilty of a misdemeanor, and upon proof thereof of such refusal or neglect, shall be subject to a fine not exceeding one hundred dollars for each offense; provided, that nothing herein contained shall in any way restrict the additional use of such books as are now provided in section one thousand seven hundred twelve of the Political Code.
Fifth. [Duties of superintendent of state printing.] The superintendent of state printing shall have supervision of all of the mechanical work connected with the printing of such books as may be compiled and adopted subject to the approval of the state board of education or such representative of the state board of education as may be appointed to supervise such work. The superintendent of state printing shall print and bind such books in lots of not less than five thousand and turn them over to the state board of education at the warehouse, and receive payment therefor on the approval of the items of said cost by the state board of education or the duly authorized agent of said board, and upon the approval of the bill by the board of control. He shall furnish one copy of a cost-finding report showing items of work and the materials and the exact cost of each item for each of said lot of books, to the state board of education, and one copy to the board of control. The superintendent of state printing shall on the first day of each month furnish to the state board of education a detailed statement showing the name and number of books published by him during the preceding month, and the number then in course of publication.
Sixth. [Board of education to fix cost price of books.] On receiving a copy of the cost-finding report and estimated cost of the publishing of any book, the state board of education thereupon shall determine and fix the cost price of such books by adding to the cost of manufacture, the contract price to be paid as royalty or for the use of plates, maps, or engravings or copyrighted matter, and said price, to which has been added ten per cent of such price to cover overhead expense, shall be deemed to be the whole cost of publication of such book at Sacramento. The state board of education may provide for the sale at not less than cost price of state text-books to private schools, individuals, or dealers under such rules and regulations as may be adopted by said board of education; provided, that such books be not sold by dealers for more than the cost price at Sacramento, plus the postage, packing and cartage on such books, which prices shall be established by said board of education.
The state board of education may provide for the disposition of such text-books as are no longer in a fit condition to be used for purposes of instruction; provided, that whenever in its judgment it would be practicable to sell such old text-books
for use in the manufacture of paper pulp or similar substances, the highest price obtainable shall be secured therefor, and the money so obtained deposited in the state school-book fund.
Sec. 4. A new section, to be numbered one thousand five hundred nineteen c is hereby added to the Political Code, to read as follows:
Enactment approved May 18, 1917, Stats. and Amdts. 1917,
p. 704. In effect July 27, 1917.
STATE SCHOOL-BOOK FUND. The appropriation heretofore made, known as the "text-book appropriation," shall be subject to the draft of the state board of education for necessary expenses incurred by it for office supplies, the hiring of expert assistants, and for other necessary expenses; provided, that all claims shall be presented to the board of control for its approval. All moneys that have been received or may hereafter be received from the sale of said series of state textbooks to private schools or to dealers or persons or that may be appropriated by the legislature for publishing said series of state text-books, shall be kept by the state treasurer in a fund known as the "state school-book fund." This fund shall be subject to the order of the state board of education for all expenses incurred by the superintendent of printing for all material, labor, and other expenses necessary for publishing state school text-books, and for all books purchased, for the cost of shipping free text-books, and for necessary employees in connection with such shipment as may be determined by the state board of education. All claims to be drawn, after being certified by the claimant and the items approved by the secretary of the state board of education shall be presented to the board of control for its approval, and upon the approval of said board of control, the state controller is hereby authorized and directed to draw his warrant on the state treasurer, who is hereby directed to pay the same. History: Enactment approved May 18, 1917, Stats, and Amdts. 1917,
p. 706. In effect July 27, 1917.
§ 1519d. ORDER FOR TEXT-BOOKS FROM HEAD OF STATE INSTITUTION. The president or principal of any state institution, in which instruction is given in the elementary branches, may order such state text-book, as may be used to advantage, for use in said institution, on blanks supplied by the superintendent of public instruction; provided, such orders shall be subject to revision by said superintendent of public instruction. Such book shall be delivered free of cost to such institution on the order of the superintendent of public instruction, in the usual method of shipment.
History: Enactment approved May 18, 1917, Stats. and Amdts. 1917, p. 707. In effect July 27, 1917.
§ 1521. COMPENSATION. First. The members of the state board of education shall receive as compensation fifteen dollars per day when the board is in session. They shall also receive ten dollars per day while engaged in committee work at the Sacramento or Los Angeles offices of the board or elsewhere under the direction of the state board of education; provided, that the total amount of such per diem for committee work, for all members of the board shall not exceed two thousand five hundred dollars for any fiscal year. They shall also receive their actual and necessary traveling expenses. Second. [Salaries, assistant superintendents of public instruction.] Each assistant superintendent of public instruction provided for in section one thousand five hundred nineteen of the Political Code shall receive a salary of four thousand dollars per annum, payable at the same time and in the same manner as the salary of state officers is paid. They shall also receive their actual and necessary traveling expenses while on official business.
Third. [Clerical help.] Within their appropriation, the state board of education may appoint such clerical and other help as may from time to time be necessary.
History: Original section, relating to powers and duties of board, enacted March 12, 1872; amended March 13, 1874, Code Amdts. 1873-4, p. 79; April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 29; March 15, 1889, Stats. and Amdts. 1889, p. 178; March 20, 1891, Stats. and Amdts. 1891, p. 150; March 23, 1893, Stats. and Amdts. 1893, p. 237; March 23, 1901, Stats, and Amdts. 1900-1, p. 668; March 15, 1909, Stats. and Amdts. 1909, p. 393; present section approved June 6, 1913, Stats. and Amdts. 1913, p. 666; amended May 19, 1917, Stats. and Amdts. 1917, p. 750. In effect July 27, 1917.
SUPERINTENDENT OF PUBLIC INSTRUCTION.
§ 1532. General duties.
§ 1534. Orders for text-books [new].
§ 1532. GENERAL DUTIES. It is the duty of the superintendent of public
1. To superintend the schools of this state.
2. To report to the governor, on or before the fifteenth day of September preceding each regular session of the legislature, a statement of the condition of the public elementary and secondary schools, the state normal schools and other educational institutions supported in whole or in part by the state.
3. To accompany his report with tabular statements, showing the number attending public schools, and the average attendance; the amount of state school fund apportioned, and the sources from which derived; the amount raised by county, city and 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.
4. To apportion the state school fund; and to furnish an abstract of such apportionment to the state controller, the state board of control, and to the county and city and county auditors, county and city and county treasurers and to the county and city and county school superintendents of the several counties of the state. In apportioning said fund he shall apportion to every county and to every city and county two hundred fifty dollars for every teacher determined and assigned to it on average daily attendance by the county or city and county school superintendent for the next preceding school year, as required of the county or city and county school superintendent by the provisions of section one thousand eight hundred fifty-eight of this code, and after thus apportioning two hundred fifty dollars on teacher basis, he shall apportion the balance of the state school fund to the several counties or cities and counties according to their average daily attendance as shown by the reports of the county or city and county school superintendents for the next preceding school year.
5. To draw his order on the controller in favor of each county or city and county treasurer for school moneys apportioned to the county or city and county.
6. [Furnish blank forms.] 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 and city and county boards of education.
7. [Supply school laws.] 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. 8. To visit the several orphan asylums to which state appropriations are made, and examine into the course of instruction therein.
9. 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 one thousand eight hundred dollars per annum, shall be allowed, audited and paid out of the general fund in the same manner as other claims are audited, and paid.
10. To authenticate with his official seal all drafts or orders drawn by him, and all papers and writings issued from his office.
11. [Bind documents.] To have bound, at the state bindery, all valuable school reports, journals, and documents in his office, or hereafter received by him.
12. [Report daily attendance.] To report to the controller, on or before the tenth day of September of each year, the total average daily attendance in the elementary day and evening schools including the special day and evening elementary school classes, the average daily attendance in the day and evening high schools including the special day and evening high-school classes, as shown by the annual reports of the county superintendents of the several counties on file in his office for the school year immediately preceding, and the average daily attendance of pupils upon each of such part-time vocational courses as are established and maintained by each high-school district under the provisions of section one thousand seven hundred fifty c of this code, and as are shown by these reports and approved by the commissioner of vocational education.
13. [Deliver records to successor.] 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.
14. To visit and inspect each state normal-school from time to time, inquire into its condition and management, require such reports as he may deem proper from the teachers of the school and exercise general supervision over the same.
History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 86; April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 29; March 18, 1887, Stats, and Amdts. 1886-7, p. 125; March 15, 1889, Stats. and Amdts. 1889, p. 180; March 20, 1891, Stats. and Amdts. 1891, p. 152; March 23, 1893, Stats. and Amdts. 1893, p. 239; March 18, 1905, Stats. and Amdts. 1905, p. 180; March 1, 1907, Stats. and Amdts. 1907, p. 71, Kerr's Stats. and Amdts. 1906-7, p. 78; June 13, 1913, Stats. and Amdts. 1913, p. 774; May 31, 1917, Stats. and Amdts. 1917, p. 1417. In effect July 30, 1917.
§ 1534. ORDERS FOR TEXT-BOOKS. All orders for text-books shall be forwarded to the superintendent of public instruction on blanks furnished by him. He shall investigate such orders and make necessary changes and forward the same to the person in charge of the warehouse and shipment of books with definite orders for shipment. He shall keep an accurate account of the amount of money received from the sale of text-books for each month and report to the controller on or before the fifth of the succeeding month, the number of books sold, or distributed, and the amount of money collected therefor, and shall pay such money into the treasury to the credit of the "school text-book fund." The amount fixed for royalty and costs of plates or copyright matter in favor of any company, or individual, shall be presented by the superintendent of public instruction to the state board of education for its approval. Said claim shall be paid quarterly, in the same manner as other claims upon the state treasury, on the approval of the board of control.
On receiving orders from the superintendent of public instruction for text-books the person in charge of the warehouse and shipment of books shall forward by freight, express or mail, as directed by the superintendent of public instruction, to the nearest freight depot, express or post-office, in the name of the clerk of the school district or the city superintendent of schools in cities, the number of books called for in said order. History: Enactment approved May 18, 1917, Stats. and Amdts. 1917, p. 706. In effect July 27, 1917.