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that such course of study shall not apply to elementary schools in cities governed by city boards of education. Whenever necessary the board may amend and change the course of study, subject to section one thousand six hundred sixty-five of this code.
History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 102; March 16, 1878, Code Amdts. 1877-8, p. 30; April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 41; March 4, 1881, Stats. and Amdts, 1881, p. 44; March 15, 1889, Stats. and Amdts. 1889, p. 191; March 23, 1893, Stats, and Amdts. 1893, p. 258; March 23, 1901, Stats. and Amdts. 1900-1, p. 670; April 17, 1909, Stats. and Amdts. 1909, p. 976; May 22, 1915, Stats. and Amdts. 1915, p. 773; May 29, 1917, Stats. and Amdts. 1917, p. 1315. In effect July 28, 1917.
§ 1775. COUNTY BOARDS OF EDUCATION. DUTIES OF. CERTIFI. CATES WITHOUT EXAMINATION.
1. County boards of education may, without examination, grant certificates as follows:
(a) High-school certificates: (1) To the holders of high-school credentials approved by the state board of education in accordance with the provisions of this code; (2) to the holders of special credentials issued by said state board in accordance with the provisions of this code; (3) to holders of high-school certificates issued by any county or city and county board of education in this state.
(b) Elementary school certificates: To holders of the following credentials: (1) Life diplomas or certificates of any state; provided, the state board of education in this state shall have decided that said diplomas or certificates represent experience and scholarship equivalent to the requirements for the elementary life diploma in California; (2) California state normal school diplomas, San Francisco city normal school diplomas heretofore granted, and other normal school diplomas; provided, that the state board of education of this state shall have recommended the normal school issuing said diploma as being of equal rank with the state normal schools of California; (3) elementary school teachers' certificates of any county, or city and county of California; provided, that the holder thereof has had eight months of successful teaching experience; (4) diplomas of graduation with the bachelor's degree based upon a four-year course, granted by the University of California or any other university accredited by the state board of education for high-school certification; provided, that the holder thereof has successfully completed ten months of experience in teaching, or twelve units of pedagogy according to regulations prescribed by the state board of education; (5) temporary two-year certificates heretofore granted by county, or city and county superintendents of schools in accordance with law.
(c) Kindergarten-primary certificates: (1) To the holders of kindergarten-primary certificates of any county, or city and county of California; (2) to the holders of diplomas of graduation from the kindergarten department of any state normal-school in the state; (3) to the holders of credentials showing that the applicant has had professional kindergarten training in an institution approved by the state board of education, and also a general education equivalent to the requirements for graduation from the kindergarten department of a California state normal school.
(d) Special certificates: (1) To the holders of credentials approved by the state board of education, in accordance with the provisions of this code; (2) to the holders of special credentials issued by the state board of education, in accordance with the provisions of this code.
2. [Elementary certificates to primary grade certificate holders.] Elementary school certificates may be granted to the holders of primary grade certificates who shall pass satisfactory examinations in such branches as do not appear on their certificates, or in the record of the examination upon which the original certificate was granted.
3. [Certificates now valid continue in force.] All certificates and diplomas now valid in California shall continue in force and effect for the full term for which they were granted. County boards of education may renew any certificate issued by them prior to the adoption of this law, and now in force, and may renew certificates granted by authority of law. Except as otherwise provided, renewed certificates shall be valid for a period of six years.
4. [Permanent certificate after five years teaching.) When the holder of any certifi. cate or state diploma shall have taught successfully in the same county, or city and county, for five years, the board of education of such county, or city and county, may grant a permanent certificate of the kind and grade which said applicant holds, valid in the county, or city and county, in which issued, during the life of the holder, or until revoked for any of the causes designated in subdivision six of section one thousand seven hundred seventy-one of this code; provided, that such permanent certificate shall in no case be of a higher grade than the grade of the certificate or state diploma on which the teaching has been done; and for a permanent high-school certificate twenty months of said teaching shall have consisted of regular high-school work; and provided, further, that a certificate when renewed the second time, or any time thereafter, shall become, by such renewal, a permanent certificate, if the holder of said certificate shall have complied with all the conditions of this subdivision.
5. No teacher shall be employed to teach in any way in any school if the certificate held by the teacher is of a grade below that of the school or class to be taught, nor shall a teacher holding a special certificate be employed to teach any subject not authorized in such certificate;
(Holders of existing certificates.) provided, that the holders of existing primary certificates, or of the same when hereafter renewed or made permanent shall be eligible to teach in any of the grades of the day or evening elementary schools below the sixth year, and not including the kindergarten grades; and in any day or evening elementary school of the county, or city and county, which the county or city and county superintendent shall designate as a primary school; and provided, further, that the holder of any valid special certificate for kindergarten work, or of any kindergarten-primary certificate, who has had at least one year of training in a state normal-school in California, or other normal-school accredited by the state board of education, or one year of teaching in an elementary school shall be entitled to teach in the first grade of the elementary school.
6. [High-school librarian.) No librarian shall be employed for more than two hours a day in any high-school, unless such librarian holds a high-school certificate or a special teachers' certificate in library craft technique and use, of secondary grade, granted in accordance with the provisions of this code. Such librarians shall rank as teachers, and shall be subject to the burdens and entitled to the benefits of the public school teachers retirement salary fund law on the same basis as other teachers.
History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 103; February 14, 1876, Code Amdts. 1875-6, p. 29; March 30, 1878, Code Amdts. 1877-8, p. 30; April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 42; March 4, 1881, Stats, and Amdts. 1881, p. 45; March 15, 1889, Stats. and Amdts, 1889, p. 193; March 20, 1891, Stats. and Amdts. 1891, p. 163; March 23, 1893, Stats. and Amdts. 1893, p. 260; March 23, 1901, Stats. and Amdts. 1900-1, p. 673; March 20, 1905, Stats. and Amdts. 1905, p. 488; March 8, 1909, Stats, and Amdts. 1909, p. 207; May 22, 1915, Stats. and Amdts. 1915, p. 775; May 29, 1917, Stats. and Amdts. 1917, p. 1315. In effect July 28, 1917.
$ 1838. Estimate of amount needed for building purposes [new].
§ 1838. ESTIMATE OF AMOUNT NEEDED FOR BUILDING PURPOSES. The board of school trustees or the board of education of any school district or of any city, or city and county, may, 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 any amount of money in excess of the amounts on hand and available for building purposes, which will be required for purchasing school lots, for building or purchasing one or more school buildings or making alterations or additions to any school building or buildings, for repairing, restoring or rebuilding any school building damaged, injured, or destroyed by fire, or other public calamity, for insuring school buildings, for supplying school buildings with furniture or necessary apparatus or for improving school grounds, in their several districts for the ensuing school year, or for liquidating any indebtedness incurred for said purposes or any of them during the preceding school year.
The county superintendent of schools shall thereupon examine said estimates, and submit copies of the same with his approval or disapproval endorsed 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 ensuing school year.
[Levy of tax.] If the county superintendent of schools approve such estimate, the said board of supervisors may, 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 excess amounts so submitted and approved.
[Building fund.] The funds so levied and collected shall be known as the building fund of ....... school district (as the case may be), and shall be available for any or all of the purposes hereinbefore enumerated, and the moneys drawn from such fund shall be paid out in the same manner as are moneys from the building funds of school districts; provided, that the maximum rate of taxation which may be levied under this section shall not exceed fifteen cents on the one hundred dollars;
[Maximum rate.] provided, this section shall not be so construed as to repeal sections one thousand eight hundred thirty and one thousand eight hundred thirty-seven, inclusive, and one thousand eight hundred forty of the Political Code, or any part or parts thereof and any tax levied under the provisions of this section shall be in addition to any tax for maintenance levied under the provisions of section one thousand eight hundred forty of the Political Code.
History: Original section enacted March 12, 1872, relating to levying of taxes; amended March 28, 1874, Code Amdts. 1873-4, p. 106; repealed April 7, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 48; present section approved June 1, 1917, Stats, and Amdts. 1917, p. 1560. In effect July 31, 1917.
GENERAL PROVISIONS RELATING TO SCHOOL-FUNDS AND TAXES.
$ 1858. Apportionment of school money by superintendent. $ 1858. APPORTIONMENT OF SCHOOL MONEY BY SUPERINTENDENT. The school superintendent of every county and city and county must apportion all state and county school moneys for the elementary grades of his county or city and county as follows:
1. He must ascertain the number of teachers each school district is entitled to by calculating one teacher for every district having thirty-five or a less number of units of average daily attendance and one additional teacher for each additional thirty-five units of average daily attendance, or fraction of thirty-five not less than ten units of average daily attendance as shown by the annual school report of the school district for the next preceding school year; and two additional teachers shall be allowed to each district for every seven hundred units of average daily attendance; and in districts wherein separate classes are established for the instruction of the deaf, as provided in section one thousand six hundred eighteen of this code, an additional teacher for each nine deaf children, or fraction of such number, not less than five, actually attending such classes.
2. He must ascertain the total number of teachers for the county or city and county by adding together the number of teachers allowed to the several districts. He must
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
rganized 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 au 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.
$ 1878. School year, commencement of [repealed).
8 1878. SCHOOL YEAR, COMMENCEMENT OF (repealed].
History: Enacted March 12, 1872; repealed May 18, 1917, Stats. and
§ 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