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17. -Waiver of right to expel (subd. 8).Where a pupil has made an address to the students during school hours and in the school assembly hall, the purpose of which was to create a spirit of insubordination, and which was subversive to the good order

and discipline of the school, a demand by the board of education for an apology was not a waiver of the right to expel him from school.-Wooster v. Sunderland, 27 Cal. App. 51, 148 Pac. 959.

$ 1617a. UNITED STATES FLAG OVER SCHOOL-HOUSES (repealed).

History: Enactment approved March 15, 1907, Stats. and Amdts. 1907, p. 274, Kerr's Stats. and Amdts. 1906-7, p. 86; repealed May 18, 1917, Stats, and Amdts. 1917, p. 744. In effect July 27, 1917.

8 1617b. HOME TEACHERS (repealed).

History: Enactment approved April 10, 1915, Stats. and Amdts. 1915, p. 46; repealed May 18, 1917, Stats. and Amdts, 1917, p. 744. In effect July 27, 1917.

8 1617c. BOARDS OF EDUCATION AUTHORIZED TO ESTABLISH KINDERGARTENS [repealed].

History: Enactment approved June 13, 1913, Stats, and Amdts. 1913, p. 805; amended May 22, 1915, Stats. and Amdts. 1915, p. 767; repealed May 18, 1917, Stats, and Amdts, 1917, p. 744. In effect July 27, 1917.

$ 1617d. PUPILS WHO MAY ATTEND [repealed).

History: Enactment approved April 23, 1915, Stats, and Amdts. 1915, p. 113; repealed May 18, 1917, Stats, and Amdts. 1917, p. 744. In effect July 27, 1917.

161714. SALE OR LEASING OF SCHOOL PROPERTY. Boards of education, or other governing boards, in cities and having jurisdiction over both the elementary and high-school districts embracing such cities, in which the total number of units of average daily attendance in both such school districts, as shown by the annual report of the county superintendent of schools to the state superintendent of public instruction for the preceding school year, exceeds fifty-five thousand, are hereby authorized to sell, or lease for a term not exceeding ninety-nine years, any real property belonging to their respective school districts, or high-school districts upon which no public school is being maintained upon the following conditions:

[Conditions.] Before ordering the sale or lease of any such property such board of education, or other governing boards, shall, in open meeting, by a two-thirds vote of all of its members, adopt a resolution declaring its intention to sell the same, or a resolution declaring its intention to lease the same, as the case may be, which said resolution shall describe the property proposed to be sold, or leased, in such manner as to identify it and shall specify the minimum price, or rental, and terms for which it will be sold, or leased, and fixing a time, not less than three weeks thereafter, and place for a public meeting of said board of education, or other governing board, at which sealed proposals to purchase or lease, as the case may be, will be received and considered. Said resolution shall, before the date of such meeting, be published once a week for three successive weeks in one or more newspapers of general circulation published in the district. At the time and place fixed in said resolution for the meeting of said board of education or other governing board, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by said board, or other governing board, and the property be sold, or leased, as the case may be, to the highest responsible bidder among those who have submitted sealed proposals and who offer to comply with all terms and conditions specified in the resolution of intention to sell or lease; provided, however, that if any responsible person shall at said meeting offer to purchase such property, or to lease such property, as the case may be, for a price or rental exceeding the highest other proposal or offer before the board by not less than five per cent, the property shall be sold, or shall be leased as the case may be, to such person; and provided, further, that said board or other governing board may, should it deem such action for the best public interest, at any time, reject any or all bids, and withdraw such property from sale. Any order of sale or lease made hereunder by said board, or other governing board, shall authorize and direct the execution and delivery by the chairman, or other presiding officer, of said board, or other governing board, of the deed or lease of said district to the purchaser or lessee. This section shall not be taken to authorize action upon proposals for sale and proposals for lease at the same meeting.

[Effect of act.] The provisions of this section shall be deemed to supersede any other provision of law relating to powers and duties of boards of trustees, and boards of education, only in so far as its terms are in conflict therewith, and shall not be deemed as repealing any such other provision of law not conflicting with the terms of this section.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1645. in effect July 31, 1917.

$ 1617b. CONTRACT WITH STATE NORMAL-SCHOOL FOR EDUCATION OF CHILDREN. The trustees of an elementary school district with an average daily attendance of thirty-five or less, as shown by the last teacher's report on file in the office of the county superintendent of schools, when authorized by a majority vote of their district at a district meeting called for that purpose, may contract with a state normal-school for the education of the children of their district; provided :

1. That the elementary school so contracting shall be housed by the normal-school on the normal-school campus or in the schoolhouse in the district and shall be used as a rural model practice school.

2. That the trustees of the elementary school district shall contribute to the support of the school all of the money apportioned to their district from the state and county funds. Said funds to be handled and expended by the trustees of the elementary school district in the same manner as provided by law.

(Revocation.] Such contract may be revoked by a majority vote of the board of trustees of the normal-school or by the trustees of the elementary school district, when authorized to do so by a majority vote of their district at a special district meeting called for that purpose. Such contract shall be in effect from July first following date of contract and shall remain in effect until the end of the school year in which the contract is revoked.

History: Enactment approved May 31, 1917, Stats, and Amdts. 1917, p. 1516. in effect July 30, 1917.

$ 1619. MUST MAINTAIN ALL SCHOOLS FOR EQUAL LENGTH OF TIME. EQUAL RIGHTS AND PRIVILEGES. First. Except where a school has been closed by order of a city or a county board of health or of the state board of health, on account of contagious disease, or where such school has been closed on account of fire, flood or other public disaster, boards of school trustees and city boards of education must maintain all of the elementary day schools established by them for an equal length of time during the year, and all of the day high-schools established by them for an equal length of time during the year, and, as far as possible, with equal rights and privileges; provided, that boards of school trustees and city boards of education may establish and maintain vacation schools of kindergarten, elementary, or high-school grade.

[Vacation schools.] No vacation school shall be established until a school of equal grade has been maintained for at least eight months. The duties of teachers, courses of study, length of school day, and all other matter relating to vacation schools, shall be determined by the boards of school trustees, or by the city board of education.

[Qualifications of teachers.] Only teachers who are legally qualified to teach in the public schools of the state shall be eligible to teach in vacation schools of corresponding grade; provided, that the attendance of pupils upon such schools shall not be counted as a part of the average daily attendance of the regular elementary or secondary schools of the district, nor shall the state or county school funds be used to maintain such schools.

Second. [When school maintained in different portions of district.] When in any district it is necessary for the convenience of the residents of said district that the school therein should be maintained a part of the year in one portion of the district, and a part of the year in another portion of the district, the aggregate of the time the school has been maintained in the different portions of the district shall be considered in estimating the time for which a school has been maintained in the district during the school year.

History: Enacted March 12, 1872; amended April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 38; March 23, 1893, Stats. and Amdts. 1893, p. 251; May 22, 1915, Stats. and Amdts. 1915, p. 766; May 18, 1917, Stats. and Amdts. 1917, p. 688. In effect July 27, 1917.

ARTICLE X.

SCHOOLS.
$ 1662. Who admitted to. Course of study.
§ 1663. Classification of public schools.
$ 1665. Course of instruction. Branches to be taught in grades.
g 1670. School year [new].

§ 1673. Duration of daily sessions (new). $ 1662. WHO MAY BE ADMITTED TO. COURSES OF STUDY. First. The courses of study for the day elementary schools of California shall embrace eight years of instruction; and such courses must allot eight years for instruction in subjects required to be taught in such schools and may allot not more than two years for kindergarten instruction.

Second. [Ages for admission.) The day elementary schools of each school district of California shall be open for the admission of all children between six and twenty-one years of age residing in the district, and may be open for the admission of adults if the governing body of the district deem such admission advisable; provided, that where kindergarten instruction is given in the schools of a district, such school shall admit children to the kindergarten classes at four years of age; and the reports for the kindergarten classes shall be kept and shall be made separate from other school reports; and provided, further, that wherever a school is established for the instruction of the deaf, such children may be admitted to such school at three years of age; provided, that the average daily attendance of deaf children who are six years of age or older shall be counted as part of the average daily attendance in the day elementary schools.

Third. [Children excluded.] The governing body of the school district shall have power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for Indian children and for children of Chinese or Mongolian descent.

[Separate schools for Indians, etc.) When such separate schools are established, Indian, Mongolian or Chinese children must not be admitted into any other school.

Fourth. (Special day and evening classes.] The governing body of any elementary school district shall have power to establish and maintain, in connection with any school under its jurisdiction, special day and evening classes for the purpose of giving instruction in any of the branches of study mentioned in section one thousand six hun. dred sixty-five of this code. These classes may be convened at such hours and for such length of time during the school day or evening, and at such period and for such length of time during the school year as may be determined by such governing authority; and the enrollment of and attendance upon such classes shall be kept separately

and the units of average daily attendance shall be determined as provided in section one thousand eight hundred fifty-eight of this code and shall be added to the attendance of the elementary school district.

Fifth. [Ages for admission.] The evening elementary schools and the special day and evening classes of the elementary schools of any school district shall be open for the admission of all children over the age of fifteen years, residing in the district and for the admission of adults; provided, that children under fifteen years of age who have been given permits to work in accordance with the provisions of an act to enforce the educational rights of children may be admitted to the evening elementary schools.

History: Enacted March 12, 1872; amended April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 38; March 12, 1885, Stats. and Amdts. 1884-5, p. 100; March 20, 1891, Stats, and Amdts. 1891, p. 160; March 23, 1893, Stats, and Amdts. 1893, p. 253; March 5, 1903, Stats, and Amdts. 1903, p. 86; April 14, 1909, Stats. and Amdts. 1909, p. 903; May 18, 1917, Stats. and Amdts. 1917, p. 667. In effect July 27, 1917.

§ 1663. CLASSIFICATION OF PUBLIC SCHOOLS. 1. The public schools of California, other than those supported exclusively by the state, shall be classed as day and evening elementary, and day and evening secondary schools. The day and evening elementary schools of California shall be designated as primary and grammar schools. The day and evening secondary schools of California shall be designated as high schools and technical schools, and either class may include a portion of the other class.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 97; April 7, 1880, Code Amdts, 1880 (Pol. C. pt.), p. 38; March 9, 1883, Stats. and Amdts. 1883, p. 83; March 15, 1889, Stats, and Amdts. 1889, p. 189; March 20, 1891, Stats. and Amdts. 1891, p. 161; March 23, 1913, Stats. and Amdts. 1913, p. 254; March 23, 1901, Stats, and Amdts. 1900-1, p. 670; April 14, 1909, Stats, and Amdts, 1909, p. 905; June 16, 1913, Stats, and Amdts. 1913, p. 768; May 29, 1917, Stats, and Amdts. 1917, p. 1315. in effect July 28, 1917.

$ 1665. COURSE OF INSTRUCTION. BRANCHES TO BE TAUGHT IN GRADES. First. Instructions must be given in the following branches in the sev. eral grades in which they may be required, viz.: reading, writing, spelling, arithmetic, geography, language and grammar, with special reference to composition, history of the United States with special reference to the history of the constitution of the United States and the history of the reasons for the adoption of each of its provisions, the duties of citizenship, together with instruction in local civil government; elements of physiology and hygiene, with special reference to the injurious effects of tobacco, alcohol and narcotics on the human system; morals and manners.

[Time given.] In the first six grades of the elementary schools, at least two-thirds of the pupil's time during each week shall be devoted to study and recitation of the subjects hereinbefore enumerated, and in the seventh and eighth grades at least twelve and one-half hours of the pupil's time each week shall be devoted to the study and recitation of such subjects.

Second, [Subjects for remaining time.] From the time remaining after the study and recitations of the studies hereinbefore enumerated, at least twenty minutes of each school day must be devoted by all pupils over the age of eight years to such physical training as shall be most conducive to their proper physical development, and instruction must be given in nature study with special reference to agriculture and animal and bird life, music, drawing, elementary bookkeeping, humane education. Manual training, household economics, and other vocational subjects may be taught in any elementary school of the state;

[Manual training, etc.) provided, that in school districts employing six or more elementary school teachers in any one school, whether housed in one or more buildings, manual training and household economics must be taught. The state board of education

may, in its discretion, adopt text-books in any of the subjects listed in this subdivision.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 111; April 11, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 39; March 15, 1887, Stats, and Amdts. 1887, p. 142; March 15, 1889, Stats. and Amdts. 1889, p. 189; March 20, 1891, Stats. and Amdts. 1891, p. 161; March 23, 1893, Stats. and Amdts. 1893, p. 254; March 23, 1901, Stats, and Amdts. 1900-1, p. 797; March 1, 1907, Stats, and Amdts. 1907, p. 70, Kerr's Stats. and Amdts. 1906-7, p. 88; March 18, 1909, Stats. and Amdts. 1909, p. 412; May 22, 1915, Stats, and Amdts, 1915, p. 771; May 18, 1917, Stats, and Amdts. 1917, p. 728. In effect July 27, 1917.

$ 1670. SCHOOL YEAR. The school year begins on the first day of July and ends on the last day of June. A school month is construed and taken to be twenty days or four weeks of five days each, including legal holidays.

Sec. 2. [Repeal.] Section one thousand six hundred ninety-seven and section one thousand eight hundred seventy-eight of the Political Code are hereby repealed.

History: Original section enacted on March 12, 1872, provided for schools for Negro and Indian children; amended March 28, 1874, Code Amdts. 1873-4, p. 97; repealed April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 47; a new section, providing for segregation of pupils, given this number, was approved March 15, 1887, Stats. and Amdts. 1886-7, p. 125; repealed March 20, 1901, Stats, and Amdts. 1901, p. 164; another new section, providing for the establishment of high schools, was approved March 23, 1893, Stats, and Amdts. 1893, p. 268; amended February 15, 1906, Stats. and Amdts. 1907, p. 8, Kerr's Stats, and Amdts. 1906-7, p. 88; repealed March 19, 1909, Stats. and Amdts. 1909, p. 498; present section approved May 18, 1917, Stats. and Amdts, 1917, p. 708. In effect July 27, 1917.

$ 1673. DURATION OF DAILY SESSIONS. No pupil other than one pursuing a vocational course must be kept in school more than six hours per day; and no pupil under eight years of age must be kept in school more than four hours per day. Any violation of the provisions of this section must be treated in the same manner as a violation of the provisions of the preceding section.

History: Enacted March 12, 1872; amended May 19, 1917, Stats, and
Amdts. 1917, p. 619. in effect July 27, 1917.

ARTICLE XII.

TEACHERS.

8 1696. General duties of teachers.
8 1696b. Order for text-books by teacher [new].
$ 1697. School month, what constitutes [repealed).

$ 1696. GENERAL DUTIES OF TEACHERS. Every teacher in the public school must:

1. [File certificate.] Before assuming charge of a school, file his or her certificate with the superintendent of schools; provided, that when any teacher so employed is the holder of a California state normal-school diploma, accompanied by the certificate of the state board of education, as provided in subdivision third of section one thousand five hundred three of the Political Code, an educational or a life diploma of California, upon presentation thereof to the superintendent he shall record the name of said holder in a book provided for that purpose in his office, and the holder of said diploma shall thereupon be absolved from the provisions of this subdivision.

2. [Notify superintendent of opening and closing day of school.] Before taking charge of a school, and one week before closing a term of school, notify the county

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