ARTICLE III.

SCHOOL SUPERINTENDENTS.

§ 1543. County superintendent of schools. Duties of.

§ 1543b. Jurisdiction of county superintendents over joint districts [new].

§ 1551. School superintendent to make certain reports.

§ 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 education, 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 certificate 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

shall be made in a book to be kept by the county superintendent in his office for this purpose. And no teacher holding a certificate below the grade of said school shall be employed to teach the same.

Seventeenth. [Contract for Indian children.] On the recommendation of the county superintendent of schools, boards of school trustees and city boards of education are hereby empowered to enter into contract with the national government to receive money from said national government for the Indian children in attendance in the schools under the jurisdiction of said boards, in addition to any money that may be appropriated for such schools by the state and the county. Any money received on such contract shall be transmitted to the county superintendent of schools to be by him paid into the county treasury to the credit of the special school fund of such school district. On the receipt of such money the superintendent shall notify the clerk of the board of school trustees of the receipt of the money.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 88; March 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 31; March 4, 1881, Stats. and Amdts. 1881, p. 38; March 15, 1887, Stats. and Amdts. 1887, p. 127; March 15, 1889, Stats. and Amdts. 1889, p. 181; March 20, 1891, Stats. and Amdts. 1891, p. 153; March 23, 1893, Stats. and Amdts. 1893, p. 240; March 16, 1905, Stats. and Amdts. 1905, p. 528; February 28, 1907, Stats. and Amdts. 1907, p. 61, Kerr's Stats. and Amdts. 1906-7, p. 80; March 11, 1909, Stats. and Amdts. 1909, p. 290; May 1, 1911, Stats. and Amdts. 1911, p. 1274; June 13, 1913, Stats. and Amdts. 1913, p. 799; May 22, 1915, Stats. and Amdts. 1915, p. 746; May 29, 1917, Stats. and Amdts. 1917, p. 1289. In effect July 28, 1917.

§ 1543b. JURISDICTION OF COUNTY SUPERINTENDENTS OVER JOINT DISTRICTS. Whenever any school district is situated partly within two or more counties, jurisdiction over such district is hereby conferred upon the county superintendent of schools of the county where the greater number of school children of such district reside, but jurisdiction now or hereafter exercised over any such district under any law of this state shall not be changed to the superintendent of another county by reason of this section or by reason of any change in the number of school children residing in the district unless a majority of the electors of the district vote in favor of such change at an election called for such purpose by the board of trustees of the district. When a new district is formed the board of supervisors of each county in which any part of the district is situated shall designate, in the order creating the district, the county superintendent which shall have jurisdiction thereover, and such determination shall be final until changed by vote of the electors of the district as herein before provided.

Sec. 2. [Repeal.] Section one thousand seven hundred twenty-three of the Political Code is hereby repealed.

History: Enactment approved May 18, 1917, Stats. and Amdts. 1917,

p. 712. In effect July 27, 1917.

§ 1551. SCHOOL SUPERINTENDENT TO MAKE CERTAIN REPORTS. Every school superintendent in this state must, on or before the first day of August in each year, report to the superintendent of public instruction, and to the board of supervisors of his county, the average daily attendance in the day and evening elementary schools and the special day and evening elementary school classes, the average daily attendance in the day and evening high schools and the special day and evening high-school classes and the average daily attendance of pupils upon part-time vocational courses maintained by high-school districts for persons engaged three or more hours each in academic and in educative occupational work, as provided for in section one thousand seven hundred fifty c of this code, as appears by the teachers' reports on file in his office for the school year immediately preceding.

[Duty as to district boundaries-Printing of boundaries.] It shall be the duty of every county superintendent to inquire and ascertain whether the boundaries of the school districts in his county are definitely and plainly described in the records of

the board of supervisors, and to keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting or incorrectly described, he shall report such fact to the board of supervisors, and the board of supervisors shall immediately take such steps as are necessary to change, harmonize and clearly define them. The county superintendent, if he deem it necessary, may order the description of the district boundaries printed in pamphlet form, and pay for the same out of the unapportioned county school fund of the county.

§ 1565.

History: Enactment approved March 13, 1874, Code Amdts. 1873-4, p. 85; amended April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 33; March 20, 1891, Stats. and Amdts. 1891, p. 156; March 23, 1893, Stats. and Amdts. 1893, p. 243; April 22, 1913, Stats, and Amdts. 1913, p. 56; May 31, 1917, Stats. and Amdts. 1917, p. 1384. In effect July 30, 1917. Editorial Note: The last half of the above section has no relation whatever to reports of school superintendents, but relates exclusively to their duties, and belongs properly in § 1543, ante.

1. Construction.-The code nowhere uses the term "temporary certificate" as applied to any form of certificate issued by a county board of education. Therefore, an applicant for a preliminary elementary school certifi

cate authorizing him to do practice and cadet teaching without salary in any of the elementary schools must pay the two dollars provided herein.-Blanchard v. Keppel, 31 Cal. App. 351, 160 Pac. 690.

ARTICLE V.

SCHOOL DISTRICTS.

§ 1576. Each city separate school district.

§ 1578. Duty of superintendent on receipt of petition.

§ 1579. Duty of board of supervisors on same.

§ 1582. Suspension of school district [new].

§ 1576. EACH CITY SEPARATE SCHOOL DISTRICT. Every city or

incorporated town, except cities and towns of the sixth class, unless subdivided by the legislative authority thereof, shall constitute a separate school district which shall be governed by the board of education or board of school trustees of such city or incorporated town; provided, however, that in no instance shall the territory within an incorporated city of the sixth class be in more than one school district;

[Annexation of territory.] And provided, further, that whenever a city or town shall be incorporated, except a city or town of the sixth class, the board of supervisors of the county may annex thereto, for school purposes only, the remainder, or any part of the remainder, of the district or districts from which such city or incorporated town was organized, whenever a majority of the heads of families residing therein, shall petition for such annexation; and provided, further, that the board of supervisors may include more territory than the remainder of the district or districts from which the city or incorporated town was organized, whenever a petition for such purpose is presented to them, signed by a majority of the heads of families residing in such additional territory.

[Deemed part of city for election purposes.] When said remainder or part thereof, or said additional outside territory, has been annexed to said city or incorporated town, it shall be deemed a part of said city or incorporated town for the purpose of holding the general municipal election, and shall form one or more election precincts, as may be determined by the legislative authority of said city or incorporated town, the qualified electors of which shall vote only for the board of education, or the board of school trustees; and such outside territory shall be deemed to be a part of said city or incorporated town for all matters connected with the school department thereof, for the annual levying and collecting of the property tax for the school fund of said city or incorporated town; and for all purposes specified in sections one thousand eight hundred eighty to one thousand eight hundred eighty-eight of this code, inclusive; provided, however, that the last assessment-roll made by the county assessor shall