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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.

81543b. 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

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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.

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. § 1565.

cate authorizing him to do practice and 1. Construction.—The code nowhere uses cadet teaching without salary in any of the the term "temporary certificate" as applied elementary schools must pay the two dollars to any form of certificate issued by a county provided herein.-Blanchard v. Keppel, 31 board of education. Therefore, an applicant Cal. App. 351, 160 Pac. 690. for a preliminary elementary school certifi

ARTICLE V.

SCHOOL DISTRICTS.

$ 1576. Each city separate school district.
8 1578. Duty of superintendent on receipt of petition.
8 1579. Duty of board of supervisors on same.
8 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 eh. III, art. v.] SUPERINTENDENT-DUTY ON RECEIVING PETITION.

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be the only basis of taxation for such school district on the property outside the corporate limits so annexed for school purposes.

History: Enacted March 12, 1872; amended March 23, 1878, Code Amdts. 1877-8, p. 28; March 20, 1891, Stats. and Amdts. 1891, p. 157; March 23, 1893, Stats, and Amdts. 1893, p. 245; March 4, 1907, Stats. and Amdts. 1907, p. 106, Kerr's Stats, and Amdts. 1906-7, p. 83; May 1, 1911, Stats, and Amdts. 1911, p. 1340; June 6, 1913, Stats, and Amdts. 1913, p. 401; April 26, 1917, Stats. and Amdts. 1917, p. 208. In effect

July 27, 1917. 1. Construction.—The repeal of the pro- the amendment, where it appears that at visions for a school census did not destroy the first election possible after the incorpothe effect of this section which authorized ration a board of trustees was elected to the annexation to an incorporated city for conduct the affairs of the district.-Scott v. school purposes as part of a school district San Mateo County, 27 Cal. App. 708, 151 Pac. lying outside such city, etc., whenever a 633. majority of the heads of families resides 4. Upon the incorporation of a city under in such outside portion "as shown by the the municipal corporations act, as a city or last preceding school census." The effect of town of the sixth class, prior to the adopthe repeal is that in annexation proceedings tion of the amendment of May 1, 1911, to taken since the repeal of the school census section 1576, of the Political Code, a school law it is only necessary to show that the district coterminous with the corporate limpetition is signed by a majority of the heads its of the municipality was thereby created, of families at the time residing in the por- and the taxable property within the newly tion to be annexed.-Richmond School Dist. organized school district exempted from furV. Contra Costa County, 165 Cal. 555, 133 ther liability for the past or future obligaPac. 619.

tions of the school district within whose 2. —Amendment of 1911-Effect of.-The

boundaries the property was formerly em

braced. Scott v. San Mateo County, 27 Cal. amendment of May 1, 1911, to section 1576

App. 708, 151 Pac. 633. of the Political Code, which excepts cities or towns of the sixth class from the provisions of the section "that every incorpo

$ 1577. rated city or town unless subdivided by the 1. Method prescribed not exclusive.-Inlegislative authority, shall constitute a sep asmuch as joint districts were recognized arate school district," is not retroactive, and by name under section 1583 before this and has no application to cities of the sixth class the two following sections were made the organized before its adoption.-Scott v. San law providing the method of creation, it is Mateo County, 27 Cal. App. 708, 151 Pac. 633. untenable to hold that joint districts can

3. Such amendment is not applicable to a only come into existence by following the city of the sixth class whose school district method prescribed herein.- Las Animas & had only taken the initial steps toward or- San J. Land Co. v, Preciado, 167 Cal, 580, ganization at the time of the adoption of 140 Pac. 239.

$ 1578. DUTY OF SUPERINTENDENT ON RECEIPT OF PETITION. When a petition is presented under the foregoing section to the county superintendent of schools he shall examine the same and if he finds the same sufficient and signed as required by the section he shall set the same for hearing by the board of supervisors of his county at a regular meeting thereof and forthwith file the same with said board accompanied by his recommendations and a notice containing a general statement of the purpose of the petition and of the boundaries of the proposed new district, or the change of boundaries, as the case may be, and the time and place when and where the petition will be heard. At least ten days prior to said date of hearing he shall send bý registered mail a copy of such notice to each of the trustees of each school district which may be affected by the proposed change, if any, and shall post for the same period copies thereof in at least three public places in the territory proposed to be included in the new district and in at least three public places in each of the districts affected thereby, if any, one of which shall be posted at the door of a school-house, if any, of each of such districts. He shall attach to said original notice and submit therewith to said board of supervisors his affidavit of mailing and posting of said copies. Upon the filing with it of such petition, recommendations, notice and affidavit as herein required, the board of supervisors shall have jurisdiction to hear and determine said petition.

History: Enacted March 12, 1872; amended March 28, 1874, Code
Amdts. 1873-4, p. 93; March 15, 1889, Stats, and Amdts. 1889, p. 185;

May 14, 1917, Stats. and Amdts. 1917, p. 568. In effect July 27, 1917.

$ 1579. DUTY OF BOARD OF SUPERVISORS ON SAME. The board of supervisors must, at the time and place fixed in the notice mentioned in the preceding section, hear all persons interested in the petition and may continue the hearing thereof from time to time but for not more than two weeks in all. If it approves the petition it must, by an order entered upon its minutes, establish the district and define its boundaries, or order the change of boundaries, as the case may be, but no territory not included in the petition shall be included in any district until a notice and hearing has been given as required by the preceding section. A copy of such order, certified by the clerk of such board, shall be recorded in the office of the county recorder of each county in which any such new district is situated, or in each county where the district whose boundaries are changed is situated, and such order shall, after the expiration of one year from the date of the recording thereof, be conclusive evidence that such district has been legally organized, or the boundaries legally changed, as the case may be. After the expiration of such time no suit shall be maintained which calls in question the validity of such organization or change of boundaries.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 93; May 14, 1917, Stats. and Amdts. 1917, p. 569. In effect July 27, 1917.

§ 1580.

1. In general.-The law recognized and declared before the adoption of this section that a school district whose territory lay in

two counties ipso facto became a joint district.—Las Animas & San J. Land Co. v. Preciado, 167 Cal. 580, 140 Pac. 239.

8 1582. SUSPENSION OF SCHOOL DISTRICT. (a) If in any school district there has been an average daily attendance of only five or a number of pupils less than five during the whole school year, the superintendent shall, after giving due notice to all parties interested by sending notices by registered mail to each of the trustees, or, by causing notices to be posted in three public places in the district, one of which shall be at the door of the school-house, for not less than ten days, report the fact to the board of supervisors at their first meeting in August. The board of supervisors shall investigate the matter, and, if in its judgment it would be better to temporarily suspend the school district they shall immediately so suspend it.

[District declared lapsed.] If the board of supervisors find that there are other school facilities or that there is no reasonable chance to re-establish the district they shall declare the district lapsed, and shall attach the territory thereof to one or more of the adjoining districts in such manner as may be by them considered most convenient for the residents of said lapsed district.

(b) (Suspended school district re-established.] At the meeting of the board of supervisors in the months of July, August, or September, the board of supervisors may re-establish a suspended school district upon proper showing of the people or board of school trustees of the district that there are eight or more pupils of the district ready to attend school.

(c) [Apportionment for suspended district.] After a district has been suspended, the county superintendent shall at the time of making the apportionment of school moneys as provided in section one thousand eight hundred fifty-eight of the Political Code, set aside for such suspended district, the sum of five hundred fifty dollars. This amount, with any unexpended balance to the credit of the district, shall be held for the use of the suspended district, in case it should be re-established, and so much of it as may be needed to keep the property of the suspended district insured may be expended by the trustees in the same manner as if the district were not suspended. But no subsequent apportionment shall be made to a suspended district, until it is re-established as provided in subdivision three of this section.

(d) [Trustees.] Trustees shall be elected or appointed in suspended districts just as if they were not suspended.

(e) The superintendent may at any time in the month of July of any year give notice as provided in subdivision two of this section, to any suspended district which has not maintained school during the year past, and at the first meeting of the board of supervisors in August ask that such district be declared lapsed.

(f) (Suspended district merged with adjoining district.) A suspended district may be merged with one or more adjoining districts whenever a petition signed by the majority of heads of families residing in each of said districts shall be presented to the board of supervisors. Such petition must be filed with the county superintendent and by him presented to the board of supervisors with such suggestions as he thinks best.

(g) [Disposition of property of lapsed district.] When any district has been declared lapsed, the board of supervisors shall sell or otherwise dispose of the property thereto belonging, and shall place the proceeds of such sale to the credit of the district. Thereupon the superintendent shall determine all outstanding indebtedness of said lapsed district, and shall draw his requisition upon the county auditor in payment thereof. Any balance of moneys remaining to the credit of said lapsed district after all indebtedness has been paid shall be transferred by the superintendent to the credit of the district into which the said lapsed district has been merged. If the lapsed district has been attached to more than one of the adjoining districts, the superintendent must apportion the moneys remaining to the credit of the lapsed district to the several districts pro rata according to the average daily attendance in the respective districts as shown by the teachers' reports for the preceding school year. Should there not be sufficient funds to the credit of the lapsed district to liquidate all of the outstanding indebtedness thereof, the superintendent shall draw his requisition upon the county auditor pro rata for the several claims.

History: Enactment approved May 29, 1917, Stats. and Amdts. 1917,

p. 1287. In effect July 28, 1917. § 1583.

even before the law provided a method for 1. In general.—This section existed and their creation under $8 1577, 1578, and 1579.made distinct recognition by name of joint Las Animas & San J. Land Co. v. Preciado, districts, thus recognizing their existence 167 Cal. 580, 140 Pac. 239.

ARTICLE VI.
ELECTION FOR SCHOOL TRUSTEES.

$ 1593. Election of school trustees.
$ 1599. Voting must be by ballot.

8 1593. ELECTION OF SCHOOL TRUSTEES. First. An election for school trustees must be held in each school district on the last Friday of March of each year, at the district school-house, if there is one, and if there is none, at the place to be designated by the board of trustees.

Second. [Number.] The number of school trustees for any school district, except where city boards are otherwise authorized by law, shall be three. No persons shall be deemed ineligible to the office of trustee on account of sex,

Third. [Trustees in new districts.] In new school districts the school trustees shall be elected on the last Friday of March subsequent to the formation of the district, to hold office for one, two and three years, respectively, from the first day of May next succeeding their election,

Fourth. (Vacancies. When a vacancy occurs from any of the causes specified in section nine hundred ninety-six of this code, the county superintendent of schools shall appoint a suitable person to fill such vacancy to hold office for the remainder of the unexpired term.

Fifth. [One trustee elected annually.) Except as provided in subdivisions two and three of this section, one trustee shall be elected annually, to hold office for three years from the first day of May next succeeding his election, or until his successor shall be elected, or appointed, and qualified.

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