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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 provisions for a school census did not destroy the effect of this section which authorized the annexation to an incorporated city for school purposes as part of a school district lying outside such city, etc., whenever a majority of the heads of families resides in such outside portion "as shown by the last preceding school census." The effect of the repeal is that in annexation proceedings taken since the repeal of the school census law it is only necessary to show that the petition is signed by a majority of the heads of families at the time residing in the portion to be annexed.-Richmond School Dist. V. Contra Costa County, 165 Cal. 555, 133 Pac. 619.
2. -Amendment of 1911-Effect of.-The amendment of May 1, 1911, to section 1576 of the Political Code, which excepts cities or towns of the sixth class from the provisions of the section "that every incorporated city or town unless subdivided by the legislative authority, shall constitute a separate school district," is not retroactive, and has no application to cities of the sixth class organized before its adoption.-Scott v. San Mateo County, 27 Cal. App. 708, 151 Pac. 633. 3. Such amendment is not applicable to a city of the sixth class whose school district had only taken the initial steps toward organization at the time of the adoption of
the amendment, where it appears that at the first election possible after the incorporation a board of trustees was elected to conduct the affairs of the district.-Scott v. San Mateo County, 27 Cal. App. 708, 151 Pac. 633.
4. Upon the incorporation of a city under the municipal corporations act, as a city or town of the sixth class, prior to the adoption of the amendment of May 1, 1911, to section 1576, of the Political Code, a school district coterminous with the corporate limits of the municipality was thereby created, and the taxable property within the newly organized school district exempted from further liability for the past or future obligations of the school district within whose boundaries the property was formerly embraced. Scott v. San Mateo County, 27 Cal. App. 708, 151 Pac. 633.
1. Method prescribed not exclusive.-Inasmuch as joint districts were recognized by name under section 1583 before this and the two following sections were made the law providing the method of creation, it is untenable to hold that joint districts can only come into existence by following the method prescribed herein.-Las Animas & San J. Land Co. v. Preciado, 167 Cal. 580, 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
§ 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.
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.
§ 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.
1. In general.-This section existed and made distinct recognition by name of joint districts, thus recognizing their existence
even before the law provided a method for their creation under §§ 1577, 1578, and 1579.Las Animas & San J. Land Co. v. Preciado, 167 Cal. 580, 140 Pac. 239.
ELECTION FOR SCHOOL TRUSTEES.
§ 1593. Election of school trustees.
§ 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.
History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 80; April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 35; March 4, 1881, Stats. and Amdts. 1881, p. 40; March 15, 1887, Stats. and Amdts. 1886-7, p. 142; March 15, 1889, Stats. and Amdts. 1889, p. 81; March 23, 1893, Stats. and Amdts. 1893, p. 247; March 3, 1905, Stats. and Amdts. 1905, p. 48; April 22, 1913, Stats. and Amdts. 1913, p. 55; May 24, 1915, Stats. and Amdts. 1915, p. 817; May 18, 1917, Stats. and Amdts. 1917, p. 734. In effect July 27, 1917.
§ 1599. VOTING MUST BE BY BALLOT. Each county superintendent of schools shall furnish uniform ballots for the election of school trustees in his county, and no other form of ballot shall be used. The expense of printing and distributing such ballots to the various districts shall be paid as other current expenses of his office. The form of said ballots shall be as follows:
[Form of ballots for election of school trustees.] Official ballot provided by the office of the superintendent of schools to be used in the election of school trustees in district, in the county of ....
Immediately following the above there shall be at least twelve spaces for the insertion of the names of candidates, each space with a blank square for the expression of the I will of the voter.
The name of the county shall be printed in as a part of the official ballot.
The school trustees must provide for printing, stamping or writing into this ballot the designation of the district and the name of each candidate for office who has officially announced himself five days prior to the date of the election by filing or having filed with the clerk of the board of trustees a written statement signed by him that he is a candidate for the office of trustee.
[Manner of voting.] In casting his vote the elector must stamp or write a cross in the square space immediately following the name of the candidate for whom he desires to vote, or, should the elector desire to vote for a candidate whose name does not appear on the ballot, he shall himself write the name of said candidate in the space provided for that purpose on the ballot. Where the elector writes the name of a candidate on the ballot he may, but it shall not be necessary for him to, designate his vote by writing or stamping the cross after such name. After properly marking his ballot he shall hand it to the inspector who shall then, in his presence, deposit the same in the ballot-box and the judges shall enter the elector's name on the poll list. [Secret ballot.] The board of school trustees may arrange for secret ballot by providing a booth or private room in which the voter may prepare his ballot, and in districts employing two or more teachers they must arrange for such secret ballot in the manner prescribed above.
No electioneering shall be carried on within one hundred feet of the polls.
History: Enacted March 12, 1872; amended March 28, 1874, Code
BOARDS OF TRUSTEES OF SCHOOL DISTRICTS, AND CITY BOARDS OF EDUCATION.
§ 1617e. Boards of education authorized to establish kindergartens [repealed].
§ 1617d. Pupils who may attend [repealed].
§ 16172. Sale or leasing of school property [new].
§ 1617b. Contract with state normal-school for education of children [new].
§ 1619. Must maintain all schools for equal length of time. [Equal rights and privileges.]
§ 1603. BOARD OF SCHOOL TRUSTEES. Except when otherwise authorized by law, every school district shall be under the control of a board of school trustees, consisting of three members.
Enactment approved May 18, 1917, Stats. and Amdts. 1917,
p. 735. In effect July 27, 1917.
§ 1603a. TERM. The term of office of school trustees is three years from the first day of May next succeeding their election.
History: Enactment approved May 18, 1917, Stats. and Amdts. 1917,
§ 1604. WHEN NEW DISTRICT ORGANIZED. First. When a new district is organized, such of the trustees of the old district as reside within the boundaries of the new shall be trustees of the new district until the expiration of the time for which they were elected.
Second. [When joint districts formed.] When joint districts are formed, three trustees shall be elected at the regular school election next succeeding the formation thereof, to hold office for one, two, and three years respectively from the first day of May next succeeding their election.
The terms of the trustees in the districts uniting to form the joint district shall expire on the formation of such district, and the superintendent of the county, in which lies the district having the greater average daily attendance, shall appoint two trustees, and the superintendent of the county in which the other district lies shall appoint one trustee, to hold office until the first day of May next succeeding the formation of the joint district.
History: Enactment approved May 18, 1917, Stats, and Amdts. 1917, p. 735. In effect July 27, 1917.