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make an annual report of the schools of his county or city and county under oath to the superintendent of public instruction not later than August first of each year, and must report the number of teachers ascertained and allowed to his county or city and county by the rule or provisions of subdivision one hereof.

3. Five hundred fifty dollars shall be apportioned to every school district for every teacher so allowed to it; provided, that to districts having over thirty-five or a multiple of thirty-five units of average daily attendance and a fraction of less than ten units of average daily attendance, forty dollars shall be apportioned for each unit of average daily attendance in said fraction.

4. [Remainder apportioned by daily attendance.] All school moneys remaining on hand, after apportioning to the school districts the moneys provided for in subdivision three of this section, must be apportioned to the several districts in proportion to the average daily attendance in each district during the next preceding school year. In any newly-organized school district where school was not maintained during the school year in which it was organized the county superintendent shall apportion seven hundred dollars to the newly-organized school district for the purpose of maintaining school therein during the school year next succeeding the school year in which it was organized.

5. [Minimum full day's attendance.] A minimum full day's attendance on the regular full-time elementary day school as hereby established, is, for a pupil of the first, second, or third grade, two hundred minutes, and for a pupil of the fourth, fifth, sixth, seventh, or eighth grade, two hundred forty minutes, of actual attendance for any given day upon school sessions, exclusive of intermissions. When a pupil is absent from the first, second, or third grade of a regular full-time day school, for any day, session, or part of a session, five per cent of a day's absence must be recorded for each full ten-minute period of absence; and when a pupil is absent from any other grade of said elementary school for any day, session or part of a session, five per cent of a day's absence must be recorded for each full twelve-minute period of absence; provided, however, that such record may not for any one day exceed one hundred per cent. The actual attendance of a pupil upon a regular full-time day school for any given length of time shall be the number of days school was actually taught during such time less the sum of his absences. The actual time in minutes that pupils are in attendance upon evening schools and the special day and special evening classes of day schools of elementary and secondary grade shall be kept. A full day's attendance upon such schools or classes shall be four sixty-minute hours. Units of average daily attendance in elementary schools shall be construed to be the quotient arising from dividing the total number of days of pupils' attendance in the regular full-time day and evening elementary schools including the special day and evening classes of the elementary schools of the district for the school year by the number of days school was actually taught in the regular elementary day schools of the district during said year; and units of average daily attendance in secondary schools shall be construed to be the quotient arising from dividing the total number of days of pupils' attendance in the regular full-time secondary schools, the evening secondary schools, the special day and evening classes of secondary schools, and the part-time vocational courses of the district for the school year by the number of days school was actually taught in the regular secondary day schools of the district during said year.

6. [Uniform regulations governing keeping attendance.] Subject to the provisions of this code, the state board of education shall adopt uniform regulations governing the keeping of attendance in all secondary schools. In adopting regulations governing the keeping of the attendance of pupils upon the part-time vocational courses provided for in section one thousand seven hundred fifty c of this code, the state board may, in its discretion, provide that the time spent by a pupil in practical vocational work shall be counted in making up each six-hour minimum daily unit of attendance.

7. [When school closed because of contagious disease, etc.) Where a school in all district maintaining more than one school is closed for a part of a term by order of a city or 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, the average daily attendance of said school shall be estimated separately and added to the average daily attendance of the other schools of the district. The units of average daily attendance of said school shall be determined by dividing the total number of days of pupils' attendance upon such school including the special day and evening classes and the part-time vocational courses by the number of full-day sessions actually maintained in such school during the year; provided, that where such number is less than one hundred twenty days the divisor shall be one hundred twenty.

8. [When districts do not have sufficient funds.] Whenever in any school year, prior to the receipt by the school districts of any county, or city and county of this state, of their state, county, or city and county, or special or high-school fund, the school districts of that county, or city and county shall not have sufficient money to their credit to pay the lawful demands against them, the county or city and county superintendent shall give the treasurer of said county or city and county, an estimate of the amount of school money that will next be paid into the county or city and county treasury, stating the amount to be apportioned to each district. Upon the receipt of such estimate it shall be the duty of the treasurer of said county, or city and county, to transfer from any fund not immediately needed to pay the claims against it, to the proper school fund an amount not to exceed ninety per cent of the amount estimated by the superintendent, and he shall immediately notify the superintendent of the amount so transferred. The funds so transferred to the school fund shall be retransferred by the treasurer to the fund from which they were taken, from the first money paid into the school fund after the transfer.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, pp. 83, 114; April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 44; March 4, 1881, Stats, and Amdts. 1881, p. 47; March 15, 1887, Stats. and Amdts. 1886-7, p. 143; March 15, 1889, Stats. and Amdts. 1889, p. 194; March 23, 1893, Stats. and Amdts, 1893, p. 264; March 11, 1903, Stats, and Amdts. 1903, p. 125; March 6, 1905, Stats. and Amdts. 1905, p. 57; March 31, 1911, Stats, and Amdts. 1911, p. 527; June 11, 1915, Stats. and Amdts. 1915, p. 1435; May 31, 1917, Stats, and Amdts. 1917, p. 1385. In effect July 30, 1917.

ARTICLE XXI.
MISCELLANEOUS PROVISIONS.

$ 1878. School year, commencement of [repealed).
8 1891. School districts in different counties.

$ 1878. SCHOOL YEAR, COMMENCEMENT OF (repealed].

History: Enacted March 12, 1872; repealed May 18, 1917, Stats, and
Amdts. 1917, p. 708. In effect July 27, 1917.

8 1891. SCHOOL DISTRICTS IN DIFFERENT COUNTIES. When any school district is situated partly in two or more counties, all returns, reports, certificates, estimates, petitions and other papers of any kind required to be filed with or presented to the board of supervisors by any provision of this code relating to schools and school districts shall be filed with or presented to the supervisors of every county in which any portion of said district may be situated, and all action required to be taken by the board of supervisors regarding any such matters shall be taken by the concurrent action of the respective boards of supervisors of every county in which any portion of said district may be situated. The assessor of each of such counties shall annually certify to the board of supervisors of each of the counties in which any portion of such school district is situated the assessed value of all taxable property in such county situated in such school district as appears from the last assessment roll of his county, such certificate to be made in the same manner and at the same time as is required for school districts located wholly within the boundaries of one county. The board of supervisors of each county shall thereupon determine the rate of taxation necessary to be levied upon the property in said district situated in the county, such rate to be sufficient to meet the proportion of taxes necessary to be raised in the county for the purpose of paying the principal and interest of the bonds of the district and all other expenses of the district as shown by the estimate of the county superintendent of schools having jurisdiction over such district. Such taxes shall be assessed, levied and collected in the same manner and at the same time as county taxes are assessed, levied and collected, and the moneys so received shall, on demand of the board of trustees of any such school district, be deposited in the county treasury of the county whose superintendent of schools has jurisdiction over such school district, and said county treasury is hereby declared to be the legal depositary of such school district. The moneys so deposited shall be placed in the school fund of such school district to be expended in the same manner as moneys of other school districts are expended.

History: Enactment approved March 23, 1901, Stats. and Amdts. 1900-1, p. 683; amended May 18, 1917, Stats, and Amdts. 1917, p. 711. In effect July 27, 1917.

TITLE IV.

STATE MILITIA.

CHAPTER I.

ENROLLED MILITIA.
8 1918. Articles of war of United States army adopted.
$ 1919. Application of United States laws, rules and regulations.
$ 1924. Bond of adjutant general.

$ 1918. ARTICLES OF WAR OF UNITED STATES ARMY ADOPTED. The articles of war governing the United States army so far as such articles are not inconsistent with the rights reserved to the State of California and guaranteed under the constitution of the State of California, are hereby adopted for the government of the national guard of this state. No punishment under such articles of war which shall extend to the taking of life shall in any case be inflicted except in time of actual war, invasion, or insurrection, declared by proclamation of the governor to exist and then only after the approval by the governor of such punishment. Imprisonment other than in the guard-house shall be executed in jails or in prisons designated by the governor for that purpose.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 290; amended May 10, 1917, Stats, and Amdts. 1917, p. 303. In effect immediately.

$ 1919. APPLICATION OF UNITED STATES LAWS, RULES AND REGULATIONS. All acts of congress and all rules and regulations for the government of the United States army so far as the same are not inconsistent with the rights reserved to the State of California and guaranteed under the constitution of the State of California, constitute the rules and regulations for the government of the national guard.

History: Enactment approved May 18, 1905, Stats. and Amdts. 1905, p. 290; amended May 10, 1917, Stats. and Amdts. 1917, p. 303. In effect immediately.

8 1924. BOND OF ADJUTANT GENERAL. The adjutant general must execute an official bond in the sum of ten thousand dollars, and the assistant adjutant general must execute an official bond in the sum of two thousand dollars.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905. p. 294; amendment approved May 10, 1917, Stats. and Amdts. 1917, p. 303. In effect immediately.

CHAPTER II.

THE NATIONAL GUARD.

ARTICLE I.

COMPOSITION AND STRENGTH.
$ 1925. National guard organization under National Defense Act of June 3, 1916.
f 1925[a]. Staff departments of national guard.
§ 1926. Rules and regulations not inconsistent with those of United States.
$ 1927. Adjutant general's department.
$ 1928a. Inspector general's department.
8 1928b. Judge advocate general's department.
$ 1928d. Quartermaster corps.
$ 1929. Medical department.
$ 1930. Corps of engineers.
$ 1931. Signal corps.
8 1932. Coast artillery.
$ 193242. Field artillery.
8 1933. Cavalry.

$ 1934. Infantry. § 1925. NATIONAL GUARD ORGANIZATION UNDER NATIONAL DEFENSE ACT OF JUNE 3, 1916. The national guard of California shall consist of the following staff departments, to wit: an adjutant general's department, an inspector general's department, a judge advocate generals department, a quartermaster corps, a medical department, a corps of engineers, an ordnance department, a signal corps, an aviation corps, and such other staff departments as may be prescribed and authorized by the National Defense Act of June 3, 1916, and the various amendments thereto; it shall also consist of the commissioned officers who shall hereafter be placed in the national guard reserve; it shall also consist of all organizations now forming the national guard of this state under the terms of the said National Defense Act of June 3, 1916, and the amendments thereto; and shall include the naval militia of this state; it shall also consist of such other organizations as are now formed under or as may be required by the National Defense Act of June 3, 1916, and the amendments thereto. The commander-in-chief shall have the power, and it shall be his duty to change the organization of the national guard of this state so as to conform to any organization, system of drill or instruction now or hereafter prescribed by the laws and regulations of the United States for the organization and government of the national guard, and for that purpose the number of officers and noncommissioned officers of any grade may be increased or diminished or the grades may be altered or created whenever necessary to procure such uniformity.

Sec. 2. [Urgency measure.] Inasmuch as the present unsettled and threatening condition of international relations makes it essential that the state shall have at its disposal at the earliest possible moment every military organization within its borders, the amendments to section one thousand nine hundred twenty-five of the Political Code hereby made are declared to be necessary for the immediate preservation of the public peace and safety and this act is declared to be an urgency measure within the meaning of section one of article four of the constitution.

History: Enactment approved March 18, 1905, Stats. and Amdts, 1905, p. 259; amended March 21, 1907, Stats. and Amdts. 1907, p. 284, Kerr's Stats. and Amdts. 1906-7, p. 112; March 22, 1909, Stats. and Amdts. 1909, p. 623; March 9, 1911, Stats. and Amdts. 1911, p. 326; June 16, 1913, Stats. and Amdts. 1913, p. 1105; May 20, 1915, Stats, and Amdts. 1915, p. 661; March 2, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 10. In effect immediately.

Subsequent amendment to this section on May 10, 1917, is given as f 1925[a].

$ 1925[a]. STAFF DEPARTMENTS OF NATIONAL GUARD. The national guard of California shall consist of the following staff departments, to wit: An adjutant general's department, an inspector general's department, a judge advocate general's department, a quartermaster corps, a medical department, a corps of engineers, an ordnance department, a signal corps, an aviation corps, and such other staff departments as may be prescribed and authorized by the National Defense Act of June 3, 1916, and the various amendments thereto; it shall also consist of the commissioned officers who shall hereafter be placed in the national guard reserve; it shall also consist of all organizations now forming the national guard of this state under the terms of the said National Defense Act of June 3, 1916, and the amendments thereto; and shall include the naval militia of this state; it shall also consist of such other organizations as may be required by the National Defense Act of June 3, 1916, and the amendments thereto.

[Duty of commander-in-chief concerning organization.] The commander-in-chief shall have the power, and it shall be his duty to change the organization of the national guard of this state so as to conform to any organization, system of drill or instruction now or hereafter prescribed by the laws and regulations of the United States for the organization and government of the national guard, and for that purpose the number of officers and noncommissioned officers of any grade may be increased or diminished or the grades may be altered or created whenever necessary to procure such uniformity.

History: Of this section and amendment of March 2, 1917, given to preceding section. This section, numbered § 1925[a], was approved, as an amendment to § 1925, on May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts, 1917, p. 303. In effect immediately.

$ 1926. RULES AND REGULATIONS NOT INCONSISTENT WITH THOSE OF UNITED STATES. The commander-in-chief shall make such rules and regulations for the government, administration and control of the departments, corps and organizations of the national guard not inconsistent with the laws, regulations and customs of the service of the United States army or navy, and the laws of this state, as he may deem necessary to render the departments, corps and organizations efficient.

History: Enactment approved March 18, 1905, Stats, and Amdts. 1905, p. 259; amended March 21, 1907, Stats, and Amdts. 1907, p. 284, Kerr's Stats. and Amdts. 1906-7, p. 112; March 22, 1909, Stats. and Amdts. 1909 p. 623; July 16, 1913, Stats. and Amdts. 1913, p. 1105; May 10, 1917 (repealing all acts and parts of acts inconsistent there. with), Stats, and Amdts. 1917, p. 304. In effect immediately,

8 1927. ADJUTANT GENERAL'S DEPARTMENT. The adjutant general's department shall consist of one brigadier general, and one lieutenant colonel, both of whom shall be either commissioned in the adjutant general's department or detailed from oficers of other arms of the service or in the national guard reserve and such other officers as may be prescribed by the National Defense Act of June 3, 1916, and the various amendments thereto. The brigadier general shall be chief of the department and his designation shall be the adjutant general, State of California; the lieutenant colonel shall be designated the assistant adjutant general, State of California.

(Appointment.] The adjutant general will be appointed by and hold office at the pleasure of the governor or until his successor is appointed and qualifies. The assistant adjutant general will be appointed by the governor, taking into consideration the recommendation of the adjutant general, and shall hold office at the pleasure of the governor, or until his successor is appointed and qualifies;

[Qualifications.] provided, that the qualifications for the appointment to the grades of brigadier general and lieutenant colonel in the adjutant general's department shall be the same as prescribed in section one thousand nine hundred thirty-four of this code for a general officer. The officer appointed the assistant adjutant general shall be on duty in the adjutant general's office. All officers in the adjutant general's depart

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