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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 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 Amdts. 1873-4, p. 94; March 20, 1891, Stats. and Amdts. 1891, p. 157; March 23, 1893, Stats. and Amdts. 1893, p. 247; June 13, 1915, Stats. and Amdts. 1913, p. 811; March 21, 1917, Stats, and Amdts. 1917, p. 15. in effect July 27, 1917.

ARTICLE VII.

BOARDS OF TRUSTEES OF SCHOOL DISTRICTS, AND CITY BOARDS OF EDUCATION.

$ 1603, Board of school trustees [new]. $ 1603a. Term [new]. $ 1604. When new district organized [new]. $ 1605. Vacancies [new]. $ 1606. City boards of education (new). $ 1607. Powers and duties [new]. $ 1608. -Manage school property [new]. $ 1609. -Employ principal [new]. $ 1610. —Suspend pupils (new). § 1611. -Meeting of electors. § 1612. -Contracts [new]. $ 1613. —Grant use of school building. $ 1614. Display of United States fiag. $ 1615. “Home teachers." 8 1616. Kindergarten. $ 1617. Intermediate school course. $ 1617a. United States flag over school-houses (repealed). $ 1617b. Home teachers (repealed]. $ 1617e. Boards of education authorized to establish kindergartens (repealed]. $ 1617d. Pupils who may attend [repealed]. $ 16174. 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.

History: Enactment approved May 18, 1917, Stats. and Amdts. 1917, p. 735. In effect July 27, 1917.

8 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, p. 735. in effect July 27, 1917.

8 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.

8 1605. VACANCIES. First. Vacancies in the office of school trustee are caused by the happening of any of the events specified in section nine hundred ninetysix of the Political Code, or by failure to elect, as provided in section one thousand five hundred ninety-three of this code.

Second. (Resignations.] When a school trustee resigns, his resignation must be sent in writing to the county superintendent of schools.

History: Enactment approved May 18, 1917, Stats. and Amdts. 1917, p. 766. in effect July 27, 1917.

8 1606. CITY BOARDS OF EDUCATION. Boards of education are elected in cities under the provisions of the laws governing such cities, and their powers and duties are as prescribed in such laws, except as otherwise in this chapter provided.

History: Enactment approved May 18, 1917, Stats, and Amdts. 1917, p. 736. in effect July 27, 1917.

$ 1607. POWERS AND DUTIES. Boards of school trustees and city boards of education shall have power, and it shall be their duty:

First. [Prescribe rules.] To prescribe and enforce rules not inconsistent with law, or with those prescribed by the state board of education, for their own government and for the government of the schools under their jurisdiction, and to transact their business at regular or special meetings called for such purpose. The board shall fix the time for its regular meetings, and such action shall be proper notice to all members of the board of such meetings, but for any special meetings, written notice must be given to each member of the board at least twenty-four hours prior to the time for the meeting, unless at the time of the meeting each and every member of the board waives such written notice.

Second. [Enforce course of study.) To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority.

Third. (Exclude sectarian books.] To exclude from school and school libraries all books, publications, or papers of a sectarian, partisan or denominational character.

Fourth. [Annual report.] To make an annual report, on or before the first day of July, to the superintendent of schools in the manner and form and on the blanks prescribed by the superintendent of public instruction.

Fifth. [Report of text-books.) To make a report, whenever required, directly to the superintendent of public instruction, of the text-books used in their schools.

Sixth. [Visit schools.] To visit each school in their district at least once in each term, and to examine carefully into the management, conditions and needs of those schools, except in school districts which employ district or city superintendents of schools, and in those districts to visit such schools or provide that they shall be visited by the district or city superintendent of schools or his assistants.

History: Enactment approved May 18, 1917, Stats, and Amdts. 1917, p. 736. in effect July 27, 1917.

8 1608. -MANAGE SCHOOL PROPERTY. Boards of school trustees and city boards of education shall have power, and it shall be their duty:

First. To manage and to control school property within their districts, and to pay all moneys received by them or collected by them from any source whatever, and all moneys apportioned to them from taxes levied and collected under the authority of city councils for school purposes, into the county treasury to be placed to the credit of the proper fund of their districts.

Second. [Purchase school furniture.] Except as otherwise provided in this code, to purchase school furniture, including musical instruments, and apparatus, and such other articles as may be necessary for the use of schools; provided, that except in city school districts governed by boards of education, they shall purchase such books and apparatus only as have been adopted by the county board of education.

Third. [Insure, etc., school property.) To furnish, repair, and insure and in their discretion, rent, the school property of their respective districts, such insurance to be written in any solvent insurance company, doing business in this state, or in any mutual insurance company organized under the laws of this state.

Fourth. [Build school-houses.] When directed by a vote of their districts to build school-houses or to purchase or sell school lots.

Fifth. (Receive and make conveyances.] To receive in the name of the district conveyances for all property received and purchased by them, and to make in the name of the district conveyances on all property belonging to the district and sold by them.

History: Enactment approved May 18, 1917, Stats. and Amdts. 1917, p. 737. in effect July 27, 1917.

$ 1609. -EMPLOY PRINCIPAL. Boards of school trustees and city boards of education shall have power, and it shall be their duty:

First. To employ a principal for each school under their control, and they may employ a district superintendent for one or more schools employing eight teachers or more under their control.

(City superintendent of schools.] In each city school district governed by a city board of education, such board may employ a city superintendent of schools and such deputy or assistant city superintendents as it may deem necessary and fix and order paid their compensation unless the same be otherwise prescribed by law. Any deputy city superintendent of schools, or assistant city superintendent of schools, or district superintendent may be elected for a term of four years.

Second. (Employ teachers.) To employ the teachers, and immediately notify the county superintendent of schools in writing, of such employment, naming the grade of certificate held by the teacher employed; also to employ janitors and other employees of the school; to fix and order paid their compensation, unless the same be otherwise prescribed by law; provided, that no board shall enter into any contract with such employees to extend beyond the close of the next ensuing school year; except that teachers may be elected on or after June first for the next ensuing school year, and each teacher so elected shall be deemed re-elected from year to year thereafter unless the governing body of the school district shall on or before the tenth day of June give notice in writing to such teacher that his services will not be required for the ensuing school year. Such notice shall be deemed sufficient and complete when delivered in person to the teacher by the clerk or secretary of the governing body of the school district, or deposited in the United States mail with postage prepaid addressed to such teacher at his last known place of address; provided, that any teacher who shall fail to signify his acceptance within twenty days after notice of his election or employment has been given or mailed shall be deemed to have declined the same.

[Pay.] Any board of trustees or city board of education may arrange to pay the teachers or principals so employed by them in ten or eleven or twelve equal payments instead of by the school month; provided, however, that where the board of trustees or city board of education arranges to pay the teachers or principals employed by them in twelve equal payments for the year, they shall begin such payments on the first day of the calendar month following the opening of schools for the current year in all cases where school is opened during the month of July, and in all cases where school is not opened during the month of July the board of trustees or city board of education may withhold such warrant or warrants which may have fallen due prior to the opening of school until the teachers or principals so employed by them shall have returned to the employment for which they were engaged by the board of school trustees or the city board of education and shall have resumed their respective duties, and then such payments shall be continued from month to month on the first day of each calendar month thereafter until said teachers have been paid the full amount due to them for that fiscal year;

[For less than school year.) provided, that a teacher who serves less than a full school year is entitled to receive as salary only an amount that bears the same ratio to the established annual salary for such position as the time he teaches bears to the annual school term; provided, that whenever the first day of the month falls upon a holiday, payment of teachers' salaries shall be made on the following day.

Third. [Appoint district librarians.] To appoint and, in their discretion, pay district librarians, and enforce the rules prescribed for the government of district libraries.

Fourth. [Employ supervisors.] To employ in their discretion supervisors of subjects and to fix and order paid their compensation unless the same be otherwise prescribed by law.

History: Enactment approved May 18, 1917, Stats. and Amdts. 1917, p. 737. in effect July 27, 1917.

§ 1610. SUSPEND PUPILS. Boards of school trustees and city boards of education shall have power, and it shall be their duty:

First. To suspend or expel pupils for misconduct, when other means of correction have failed to bring proper conduct.

Second. (Exclude children.] To exclude from the schools children under six years of age, except as hereinafter provided; provided, that where the kindergarten is a part of the day elementary schools, children may be admitted to the kindergarten classes at four and one-half years of age; and provided, further, that where any district has established a school for the instruction of the deaf, such children may be admitted to the deaf school at three years of age.

[Children admitted when.] In the enforcement of the provisions of this section children shall be admitted to the beginning classes of any school during the first month of the school year, or when the school year is divided into school terms, during the first month of each term, and children who will be six years of age before the end of the six months of the school year, or before the end of the third month of the school term, shall be admitted at the beginning of the school year, or the school term, and children who will not be six years of age by the end of the period specified, shall not be admitted until the beginning of another school year or school term. Beginners shall in like manner be admitted to the beginning classes of the kindergarten during the first month of the school year, or of the school term, if the school year be divided into terms, if such children will be four and one-half years of age before the end of the sixth month of the school year and before the end of the third month of the school term, and children who will not be four and one-half years of age within the period specified shall not be admitted to the kindergarten classes until the beginning of another school year or term.

Third. [Register.) To cause the principal to keep a register, open to the inspection of the public, of all children applying for admission and entitled to be admitted into the public schools, and to notify the parents or guardians of such children when vacancies occur, and receive such children into the schools in the order in which they are registered.

Fourth. [Permit children from other districts to attend.] To permit children from other districts to attend the schools of their district only upon the consent of the trustees of the district in which such children reside; provided, that should the trustees of the district in which children whose parents or guardians desire them to attend in other districts reside, refuse to grant their consent, the parents or guardians of such children may appeal to the county superintendent and his decision shall be final.

Fifth. [Care to health.] To give diligent care to the health and physical development of pupils, and where sufficient funds are provided by district taxation, to employ properly certificated persons for such work.

Sixth. [Provide transportation.] To provide, with the written approval of the superintendent of schools, for the transportation of pupils to and from school whenever in their judgment such transportation is advisable, and good reasons exist therefor, to purchase or rent and provide for the upkeep, care, and operation of vehicles, or to contract and pay for the transportation of pupils to and from school by common carrier, or to contract with and pay responsible private parties for such transportation; provided, that in order to secure such service at the lowest possible figure consistent with proper and satisfactory service, boards of education and boards of school trustees

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