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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.
81611. -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 places, 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 addition 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 superin. tendent 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 is 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 Amts. 1917, p. 742. in effect July 27, 1917.
8 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.
[Qualifications.] The qualifications of such teachers shall be a regular kindergarten primary, elementary or secondary certificate to teach in the schools of California and special fitness to perform the duties of a home teacher; provided, that the salaries of such teachers shall be paid from the city or district special school funds.
History: Enacted March 12, 1872; amended March 23, 1893, Stats.
§ 1616. KINDERGARTEN. The board of education of every city, city and county, or the board of school trustees of every school district in this state, must, upon petition of the parents or guardians of twenty-five or more children between the ages of four and one-half and six years, residing within one mile of any elementary school building situate in such city, city and county, or school district, establish and maintain a kindergarten or kindergartens; provided, that the order of the board establishing such kindergarten or kindergartens shall be made only between the first day of June and the first day of August in any year; and provided, further, that after the first year in which any kindergarten or kindergartens shall have been established and maintained, that the number of kindergartens which shall be maintained in any city, or city and county, or school district, during any particular school year, shall be determined by the governing body of the schools of such city, city and county or school district.
(Estimate for maintenance of kindergarten.] The board of education of every city, city and county, or the board of school trustees of every school district in which a kindergarten is established under the provisions of this act, must at least fifteen days before the first day of the month in which the board of supervisors is required by law to levy the taxes required for county purposes, submit to the county superintendent of schools an estimate of the amount of money which will be required for the maintenance of any kindergarten or kindergartens in their several school districts for the ensuing school year.
[Levy of tax.] The county superintendent of schools shall thereupon examine said estimate and submit copies of the same, with his approval or disapproval indorsed thereon, to the board of supervisors and to the county auditor at the time he submits to them his estimate for the county school tax for the current year. If the county superintendent of schools approves such estimate, the board of supervisors shall, at the time and in the manner of levying other taxes, levy and cause to be collected in the several school districts for which estimates have been submitted and approved as herein provided, the amount so estimated and approved. The fund so levied shall be known as the kindergarten fund of ............ school district, as the case may be, and shall be available for the maintenance of the kindergarten or kindergartens established under the provisions of this section, and the moneys drawn from such fund shall be paid out in the same manner as the moneys from state and county school funds for the maintenance of the elementary schools are drawn and paid out.
(Discontinuance.] If the average daily attendance in any kindergarten in any city, city and county, or school district, shall be ten or less for the school year, the governing body of such city, city and county, or school district, shall, at the close of such school year, discontinue such kindergarten.
[Funds revert. In case a city, city and county, or school district, maintains but one kindergarten, should such kindergarten be discontinued as provided by this section, the funds of such kindergarten shall immediately revert to the elementary schools of the city, city and county, or school district, in which said kindergarten has been located; and in case any city, city and county, or school district maintains two or more kindergartens, the property and funds of a kindergarten which has been discontinued shall revert to the kindergarten or kindergartens which are still in operation in said city, city and county, or school district.
[Limit on tax rate.) The rate of taxation which may be levied for the support of kindergartens in any one year shall not exceed ten cents on the one hundred dollars
of the taxable property of such city, city and county, or school district; and such tax for the support of the kindergarten or kindergartens, shall be in addition to any other tax which may be levied for the support of the public schools.
History: Original section enacted March 12, 1872, declared boards of education to be provided for by special statute; amended April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 36; amended into present shape May 18, 1917, Stats. and Amdts. 1917, p. 742. In effect July 27, 1917.
$ 1617. INTERMEDIATE SCHOOL COURSE. The board of education of any city, or of any city and county, or the board of school trustees of any school district situated within a high-school district maintaining an intermediate school course, shall permit pupils who have completed the sixth year of the elementary school to attend an intermediate school course established as provided by section one thousand seven hundred fifty a, of the Political Code, and shall pay to such high-school district for the education of such pupils, a tuition charge which shall be agreed upon by said board of education, or board of school trustees, and the high-school board maintaining such intermediate school course; provided, that such board of education or board of school trustees shall not pay to any such high-school board for educating a pupil, residing in such elementary school district and attending such intermediate school course, a tuition charge greater than the average net cost per pupil for educating pupils in the first six years of the elementary school in said elementary school district; and provided, further, that such tuition charge shall cease to be paid after the pupil has completed two years of work in such intermediate school course.
History: Enacted March 12, 1872; amended March 13, 1874, Code Amdts. 1873-4, p. 81; April 1, 1878, Code Amdts. 1877-8, p. 28; April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 36; March 4, 1881, Stats, and Amdts. 1881, p. 41; March 15, 1889, Stats, and Amdts. 1889, p. 185; March 20, 1891, Stats, and Amdts. 1891, p. 158; March 23, 1893, Stats. and Amdts. 1893, p. 249; June 14, 1906, Stats. and Amdts. 1906, p. 32, Kerr's Stats. and Amdts, 1906-7, p. 84; April 22, 1909, Stats. and Amdts. 1909, p. 1055; May 1, 1911, Stats, and Amdts. 1911, p. 1362; June 16, 1913, Stats, and Amdts. 1913, p. 1136; May 18, 1917, Stats. and Amdts. 1917, p. 744. In effect July 27, 1917.
POWER OF BOARD OF TRUSTEES OF tract discharging the principal of the school SCHOOL DISTRICTS.
before the expiration of the term of his em1-3. Change of location of schools-Com
e location of schools-com p loyment, and mandamus will lie to compel promise of litigation concerning
the county superintendent of schools to ap(subd. 18). .
prove the warrant for the amount of such 4. Contracts-Estoppel to deny compli compromise.—Smith v. Cloud, 28 Cal. App.
453, 152 Pac. 950. ance with statute. 5-8. -Letting to lowest bidder (subd. 20). 3. Boards of trustees of school districts 9, 10. Employment of librarian.
are invested, if not expressly, by fair and 11--15. Suspension and expulsion for miscon reasonable implication, with the power of duct (subd. 8).
disposing by compromise of the disputed 16. -Limitation on right to expel liabilities of their districts; and their powers (subd. 8).
in this respect are not limited to the sum of 17. -Waiver of right to expel (subd. 8). one hundred dollars. The only limitation
on the powers of the boards of school trus1. Change of location of schools-Com
tees to compromise threatened litigation promise of litigation concerning (subd. 18).
against their district is that created through -The holding of a meeting of qualified
the holding of a meeting of the qualified electors which could instruct the boards of
electors of the school districts as provided school trustees in relation to the compro
in subdivision 18 hereof.-Smith v. Cloud, 28 mise of pending or threatened litigation,
Cal. App. 453, 152 Pac. 950. and the voting of a limited sum to be devoted to such compromise seems to be the 4. Contracts-Estoppel to deny complionly limitation on the powers of boards of ance with statute.-Although the notices school trustees to compromise litigation. calling for bids for the contract were not Smith v. Cloud, 28 Cal. App. 453, 152 Pac. posted for the required length of time (and 950.
the notice calling a meeting of the electors 2. The board of trustees of a high school was not posted in time) where the board district possess the power under this section proceeded to make a contract for the erecto compromise a claim against the district tion of the building which was completed for damages for the breach of their con- and used for the purposes for which it was
tiff with the proviso that acceptance must be signed and returned within twenty days or the office would become vacant it was sufficiently made to appear that the employment was conditional upon notice of acceptance being received within twenty days.Hopkins v. Sanderson, 31 Cal. App. 141, 159 Pac. 1063.
erected for a long time, the school district is estopped from defending upon such irregularities in an action by the contractor to recover the reasonable value of materials and services.—McCormick Lumber Co. v. Highland School Dist., 26 Cal. App. 641, 147 Pac, 1183
5. — Letting to lowest bidder (subd. 20).Because of the limitations on the power of the board to contract, the fact that the disa trict received the benefit of the labor and materials of the contractor does not render it liable on an implied contract in an action on quantum meruit.-Reams v. Cooley, 171 Cal. 150, 152 Pac. 293.
6. While under sections 1617 and 1674 of the Political Code authority is given to school trustees to erect school buildings, there is at the same time by subdivision 22 of section 1617 a mode prescribed for exercising that power, and no implied liability to pay upon a quantum meruit can exist where the prohibition of the statute is disregarded.—Reams v. Cooley, 171 Cal. 150, 152 Pac. 293.
7. Where the statute prescribes the only mode by which the power to contract shall be exercised the mode is the measure of the power. A contract made otherwise than as so prescribed is not binding or obligatory as a contract and the doctrine of implied liability has no application in such cases.Reams v. Cooley, 171 Cal. 150, 152 Pac. 293.
8. A contract entered into by the board of trustees of a union high school district for the plastering of the exterior walls of the high school building, which involved an expenditure of more than two hundred dollars, is unenforceable against the district where the contract was not entered into with the lowest responsible bidder on competitive bidding after published notice there for, notwithstanding the work was included within the original specifications upon which the contractor's bid for the construction of the building was made, and the bid modified by deducting the plastering work therefrom, and the contract for such plastering work thereafter made by taking as a basis the price for which the contractors on the building would have done the work under their total bid, and decreasing that amount by several hundred dollars.-Reams v. Cooley, 171 Cal. 150, 152 Pac. 293.
9. Employment of librarian.—Even though the clause as to the requirement of acceptance of a position within twenty days be held not to apply to the position of librarian, the board of trustees may require one seeking such position to give notice of acceptance within the time provided by this section; and where the board under the belief that this section applied required acceptance to be made within twenty days of the position of librarian but there was a failure to do so on the part of the applicant no salary can be recovered.-Hopkins v. Sanderson, 31 Cal. App. 141, 159 Pac. 1063.
10. Where the president of the school board testified that the board elected plain
11. Suspension and expulsion for misconduct (subd. 8).-The student body of a city high school which is under the immediate supervision of the principal of the school, whose meetings are held on school days and during school hours, and whose proceedings are a part of the school work prescribed for the students by the city superintendent of schools, is a co-ordinate branch of the school, and the proceedings of such body and its conduct individually and collectively, when in meeting assembled on a school day during school hours, is as much within the control and cognizance of the board of education of the school as is the ordinary school work and conduct of the students when assembled in the classrooms upon school days during school hours.-Wooster v. Sunderland, 27 Cal. App. 51, 148 Pac. 959,
12. The board of education of a city high school has inherent jurisdiction to expel a student from the school for the making of an address before the student body intended to discredit and humiliate the board in the eyes of the students and to impair the discipline of the school.-Wooster v. Sunderland, 27 Cal. App. 51, 148 Pac. 959.
13. Such board has the inherent power to summon a student before them to explain and justify his alleged misconduct.-Wooster v. Sunderland, 27 Cal. App. 51, 148 Pac. 959.
14. There are certain obligations on the part of the pupil which are inherent in any proper school system, and which constitute the common law of the school, and which may be enforced without the adoption in advance of any rules upon the subject.Wooster v. Sunderland, 27 Cal. App. 51, 148 Pac. 959.
15. In the school, as in the family, there exists on the part of the pupils the obligation of obedience to lawful commands, subordination and civil deportment, respect for the rights of others, and fidelity to duty. These obligations are inherent in any proper school system, and constitute, so to speak, the common law of the school. Every pupil is presumed to know this law, and is subject to it, whether it has or has not been reenacted by the district board in the form of written rules and regulations.-Wooster v. Sunderland, 27 Cal. App. 51, 148 Pac. 959.
16. -Limitation on right to expel (subd. 8).-The exercise of the power of expulsion is expressly limited to cases where other means of correcting misconduct have failed. In other words, a resort to the harsh penalty of expulsion may not be had until milder measures for the correction of misconduct in any given case have failed.-Wooster v. Sunderland, 27 Cal. App. 51, 148 Pac. 959.