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§ 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.
$ 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.
8 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.
8 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.
8 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 shall secure bids for the items of service contemplated in this subdivision; and provided, further, that no board shall make any purchase or enter into any contract for such service without securing the written approval of the county superintendent of schools.
History: Enactment approved May 18, 1917, Stats, and Amdts. 1917, p. 739. In effect July 27, 1917.
$ 1611. -MEETINGS OF ELECTORS. Boards of trustees in school districts, not including districts having city boards of education, may, and upon a petition signed by a majority of the heads of families resident in the district, must call meetings of the qualified electors of the district for determining or changing the location of the school-house, or for consultation in regard to any litigation in which the district may be engaged, or be likely to become engaged or in regard to any affairs in the district.
[Notices.] Such meetings shall be called by posting three notices in public pl one of which shall be in a conspicuous place on the school-house, for not less than ten days previous to the time for which the meeting shall be called, which notices shall specify the purposes for which said meetings shall be called; and no other business shall be transacted at such meetings.
[Organization.) District meetings shall be organized by choosing a chairman from the electors present, and the district clerk shall be clerk of the meeting, and shall enter the minutes thereof on the records of the district.
[Powers of meeting.] A meeting so called shall be competent to instruct the board of trustees:
1. In regard to the location or change of location of the school-house or the use of the same for other than school purposes; provided, that in no case shall the schoolhouse be used for purposes which necessitate the removal of any school desks or other school furniture.
2. In regard to the sale and purchase of school sites.
3. [Litigation.] In regard to prosecuting, settling or compromising any litigation in which the district may be engaged, or be likely to become engaged, and may vote money not exceeding one hundred dollars in any one year, for any of these purposes in addi. tion to any amount which may be raised by the sale of district school property, and the insurance of property destroyed by fire; provided, that the proceeds of the insurance of the library and apparatus shall be paid into the library fund. All funds raised by the sale of school property may be disposed of by direction of a district meeting. District meetings may be adjourned from time to time, as found necessary, and all votes instructing the board of trustees shall be taken by ballot, or by ayes and noes vote, as the meeting may determine. The board of trustees shall, in all cases, be bound by the instructions of the district meeting in regard to the subjects mentioned in this section; provided, that the vote in favor of changing the location of the school-house be two-thirds of all the electors voting at said meeting upon the proposition to change the location.
History: Enacted March 28, 1874, Code Amdts. 1873-4, p. 95; amended April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 36; May 18, 1917, Stats, and Amdts. 1917, p. 740. In effect July 27, 1917.
8 1612. -CONTRACTS. Boards of school trustees and city boards of education shall have power and it shall be their duty to let all contracts involving an expenditure of more than two hundred dollars for work to be done or for material or supplies to be furnished, to the lowest responsible bidder who will give such security as the board may require, or else to reject all bids; provided, that continuing contracts for materials and supplies may be made with an accepted bidder for a period of one year; and provided, further, that the board may repair old buildings by day's labor.
[Bids.) For the purpose of securing bids the board must publish a notice calling for bids, stating the work to be done or materials or supplies to be furnished, and the time when and the place where bids will be opened, at least once a week for two weeks in some newspaper of general circulation published in the county, or if there is no such paper, then in some newspaper of general circulation, circulated in such county;
[Estimates.] provided, that in school districts having an average daily attendance of one thousand or more pupils, as shown by the annual report of the county superintendent of schools for the preceding school year, the board may secure from responsible bidders at least three estimates of the cost of such work to be done, or materials or supplies to be furnished, such estimates to be secured from bona fide dealers or craftsmen engaged in the business or in handling the goods specified. Said estimates must be submitted in writing and must be filed with the clerk or secretary of the board, and if any of such estimates of cost less than five hundred dollars, the board may let a contract for such work, material or supplies, to the lowest responsible bidder without publishing such notice calling for bids.
History: Original section, relating to term of office, etc., enacted
§ 1613. -GRANT USE OF SCHOOL BUILDINGS. Boards of school trustees and city boards of education are hereby authorized to grant the use of school buildings or grounds for public, literary, scientific, recreational or educational meetings, or for the discussion of matters of general or public interest upon such terms and conditions as said board may deem proper; provided, however, that said use shall not be inconsistent with the use of said buildings or grounds for school purposes, nor interfere with the regular conduct of school work, nor be granted in such a manner as to constitute a monopoly for the benefit of any person or organization; and provided, further, that no privilege of using said buildings or grounds shall be granted for a period exceeding one year, such privilege being renewable and revocable in the discretion of the board at any time.
History: Enacted March 12, 1872; amended March 15, 1887, Stats. and Amdts. 1886-7, p. 143; April 10, 1911, Stats, and Amdts. 1911, p. 852; May 18, 1917, Stats, and Amdts. 1917, p. 741. In effect July 27, 1917.
$ 1614. DISPLAY OF UNITED STATES FLAG. Boards of school trustees in all school districts throughout the state and boards of education in all cities and cities and counties throughout the state shall provide for each school-house under their control, a suitable flag of the United States, which shall be hoisted above each schoolhouse during all school sessions, weather permitting. It shall be the duty of boards of school trustees and boards of education to enforce this provision. It shall also be the duty of such boards of school trustees and boards of education to provide smaller and suitable United States flags to be displayed in each school-room at all times during the school sessions. It shall be the duty of such boards of trustees and boards of edu cation to enforce this provision.
History: Enacted March 12, 1872; amended March 15, 1889, Stats. and Amdts. 1889, p. 185; March 23, 1913, Stats, and Amdts. 1913, p. 248; May 18, 1917, Stats. and Amdts. 1917, p. 742. In effect July 27, 1917.
§ 1615. “HOME TEACHERS." Boards of school trustees or city boards of education of any school district, may employ teachers to be known as "home teachers," not exceeding one such home teacher for every five hundred units of average daily attendance in the common schools of said district as shown by the report of the county superintendent of schools for the next preceding school year.
[Duties.] It shall be the duty of the home teacher to work in the homes of the pupils, instructing children and adults in matters relating to school attendance and preparation therefor; also in sanitation, in the English language, in household duties such as purchase, preparation and use of food and of clothing and in the fundamental principles of the American system of government and the rights and duties of citizenship.