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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.
8 1532. General duties.
$ 1534. Orders for text-books [new]. $ 1532. GENERAL DUTIES. It is the duty of the superintendent of public instruction:
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 institu. tions 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 gen. eral 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.
8 1543. County superintendent of schools. Duties of.
§ 1543. COUNTY SUPERINTENDENT OF SCHOOLS. DUTIES OF. It is the duty of the superintendent of schools of each county:
First. To superintend the schools of his county.
Second. To apportion the school moneys to each school district as provided in section one thousand eight hundred fifty-eight of this code, at least four times a year. For this purpose he may require of the county auditor a report of the amount of all school moneys on hand to the credit of the several school funds of the county not already apportioned; and it is hereby made the duty of the auditor to furnish such report when so required; and whenever an excess of money has accumulated to the credit of a school district beyond a reasonable amount necessary to maintain a school for eight months in such district for the year, the superintendent of schools shall place said excess of money to the credit of the unapportioned school funds of the county, and shall apportion the same as other school funds are apportioned.
Third. (a) [Requisitions.] On the order of the board of school trustees, or board of education of any city or town having a board of education, to draw his requisition upon the county auditor for all necessary expenses against the school fund of any district. The requisitions must be drawn in the order in which the orders therefor are filed in his office. Each requisition must specify the purpose for which it is drawn, but no requisition shall be drawn upon the order of the board of school trustees or board of education against the funds of any district except the teachers' or janitors' salaries, unless such order is accompanied by an itemized bill showing the separate items, and the price of each, in payment for which the order is drawn; nor shall any requisition for teachers' or janitors' salaries be drawn unless the order shall state the monthly salary of teacher or janitor, and name the months for which such salary is due. Upon the receipt of such requisition the auditor shall draw his warrant upon the county treasurer in favor of the parties for the amount stated in such requisition. The order of the board of school trustees, or board of education, shall be made only on the form of blank approved by the superintendent of public instruction; provided, that said blanks shall be printed and furnished to the school districts by the board of supervisors of the respective counties of the state, and when signed by at least two members of the board of trustees, or the officials authorized to sign orders for the board of educa. tion, shall be transmitted to the superintendent, who shall, in case he approve such demand, indorse upon it, “examined and approved," together with the number and date when approved, and shall, in attestation thereof, affix his signature thereto, and deliver the same to the claimant, or his order, who shall transmit the same to the auditor, who shall, in case he allows said demand, indorse upon it “allowed,” together with the number and date when allowed, and shall, in attestation thereof, affix his signature thereto, and deliver the same to the claimant and make a proper record thereof and charge against the particular fund of the particular district against which such demand was allowed; and said demand when so approved and signed by the superintendent, and when so allowed and signed by the auditor, shall constitute the requisition on the auditor, and the warrant on the treasury within the meaning of this act; and provided, further, that the county superintendent of schools, after examining and approving any demand, may transmit the same directly to the county auditor, who after allowing such demand shall return the same to the county superintendent of schools, who shall thereupon return said demand to the governing board of the school district, which shall issue said demand to the claimant or to his order.
(b) [Transfer of funds for pupils of intermediate school course.] On the order of the board of trustees or board of education of any elementary school district located
within, or having the same boundaries as, a high-school district which has established an intermediate school course as provided for in section one thousand seven hundred fifty a of the Political Code, to transfer from the school funds of such elementary school district to the fund of the board having control of such intermediate school course, such sum as may be agreed upon, as provided in section one thousand six hundred seventeen d of the Political Code, by said board of trustees or board of education and said board having control of such intermediate school course, for the tuition of pupils residing in such elementary school district and attending such intermediate school course; provided, that all of the funds so transferred shall be applied exclusively to the support of the grades of such intermediate school course corresponding to the seventh and eighth grades of the regular elementary schools.
Fourth. (Register of requisitions.] 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.
Fifth, (Examine schools.] To visit and examine each school in his county at least once in each year. For every school not so visited the board of supervisors must, on proof thereof, deduct ten dollars from his salary.
Sixth. [Teachers' institutes.] 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 state text-books, and of high-school text-books regularly adopted by proper authority, and the rules and regulations for the examination of teachers prescribed by the proper authority.
Seventh. [Temporary certificates.] When he finds that the service makes it necessary and desirable, to issue temporary certificates as follows:
(a) A temporary kindergarten certificate to the holder of a valid kindergarten certificate issued by a county board of education of California, or to the holder of a credential issued by a school authorized by the state board of education to recommend teachers for kindergarten certificates in the State of California.
(b) A temporary elementary school certificate to the holder of a valid county certifi. cate issued by a county board of education of California, or to the holder of a diploma issued by a California state normal school or other state normal school accredited by the state board of education.
(c) A temporary secondary school certificate to the holder of a valid county certificate of secondary grade granted by a county board of education of California, or to the holder of a valid credential of secondary grade issued by a university authorized by the state board of education to recommend candidates for the high-school certificate in California or to the holder of a state board high-school credential.
(d) A temporary special certificate of elementary grade or of secondary grade to the holder of a special certificate of like grade issued by a county board of education in California, or to the holder of a recommendation of like grade in special subjects issued by an institution authorized by the state board of education to recommend persons for special certificates in the State of California, or to the holder of a credential of like grade in special subjects issued by the state board of education of California; provided, that a temporary special certificate may be issued only in such subjects as are listed in the certificate, recommendation, or credential upon which it is granted.
A temporary certificate issued between July first and December first shall expire on the January first following, and a temporary certificate when issued between December first and June twenty-ninth shall expire on the July first following; provided, that no person shall be entitled to receive a temporary certificate more than once in the same county.
Eighth. [Preliminary certificates.] To issue to persons in training for the teaching service "preliminary certificates” of a temporary character as follows:
(a) Upon a recommendation signed by the president, principal or director of a California school authorized by the state board of education to train teachers for kinder
garten teaching, a preliminary certificate of kindergarten grade which shall authorize the holder thereof to do cadet-teaching without salary in any kindergarten school of the county.
(b) To a person holding a recommendation from a California state normal school a preliminary certificate of elementary grade which shall authorize the holder thereof to do cadet-teaching without salary in any subject in any elementary school of the county.
(c) To the holder of a recommendation from a university in this state authorized by the state board of education to issue recommendations for high-school certificates, a preliminary certificate of secondary grade which shall authorize the holder thereof to do cadet-teaching without salary in any elementary or secondary school of the county.
(d) To the holder of a recommendation from a California institution authorized by the state board of education to issue credentials for teachers of special subjects, or to the holder of a recommendation from the secretary of the state board of education, under regulations prescribed by said board, a preliminary special certificate of elementary or secondary grade as specified in said recommendation. Said preliminary special certificate shall authorize the holder thereof to do cadet-teaching without salary in the special subjects listed in the recommendation upon which the preliminary certificate has been granted, in any school of like grade in the county.
No such preliminary certificate shall be granted for a period exceeding two years, nor shall the superintendent of schools collect a fee therefor.
Ninth. [Distribute laws, etc.] To distribute all laws, reports, circulars, instructions, and blanks which he may receive for the use of school officers.
Tenth. To keep in his office the reports of the superintendent of public instruction.
Eleventh. [Record of acts.] To 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.
Twelfth. [Approval of plans for school-houses.] Except in incorporated cities having boards of education, to pass upon and approve or reject all plans for school-houses. 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.
Thirteenth. [Appoint trustees.] To appoint trustees to fill all vacancies in elementary school districts as provided in section one thousand five hundred ninety-three of the Political Code or as may be otherwise provided by law; to appoint trustees to fill all vacancies in high-school districts as provided in section one thousand seven hundred thirty-one of the Political Code or as may be otherwise provided by law; to appoint trustees in new elementary school districts to hold office until the first day of May next succeeding their appointment. In case of the failure of the board of school trustees to appoint a clerk of the district on the proper date or in case of a vacancy in the position of clerk of the district, the superintendent shall appoint a member of the board of school trustees clerk of the district. In case of the failure of the trustees to employ a janitor, as provided in section one thousand six hundred seventeen, subdivision seventh, of this code, he shall appoint a janitor, who shall be paid out of the school fund of the district. Should the board of school trustees of any district fail or refuse to issue an order for the compensation of such service, the superintendent is hereby authorized to issue, without such order, his requisition upon the county school fund apportioned to such district.
Fourteenth. [Reports.) To 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.
Fifteenth. [Preserve reports.] To 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.
Sixteenth. [Grade schools.] The county superintendent shall, unless otherwise provided by law, in the month of July of each year grade each school, and a record thereof