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nineteen hundred and five, with five per cent (5%) thereof as increase added thereto.

Legislation § 1696a. Added by Stats. Extra Sess. 1906, p. 37.

§ 1697. School month defined. A school month is construed and taken to be twenty days, or four weeks of five days each, including legalholidays. [Amendment approved 1907; Stats. 1907, p. 12.]

Legislation § 1697. 1. Enacted March 12, 1872. 2. Amended by Stats. 1907, p. 12.

§ 1698. Appeal from premature dismissal by teacher. In case of the dismissal of any teacher before the expiration of any oral or written contract entered into between such teacher and the board of trustees, for alleged unfitness or incompetence, or violation of rules, the teacher may appeal to the school superintendent; and if the superintendent decides that the removal was made without good cause, the teacher so removed must be reinstated, and shall be entitled to compensation for the time lost during the pending of the appeal. [Amendment approved 1893; Stats. 1893, p. 256.]

Legislation § 1698. 1. Enacted March 12, 1872. 2. Amended by Stats. 1893, p. 256.

§ 1699. Appeal where teacher's salary withheld. First-Any teacher whose salary is withheld may appeal to the superintendent of public instruction, who shall thereupon require the superintendent of schools to investigate the matter and present the facts thereof to him. The judgment of the superintendent of public instruction shall be final; and upon receiving it, the superintendent of schools, if the judgment is in favor of the teacher, shall, in case the trustees refuse to issue an order for said withheld salary, issue his requisition in favor of said teacher.

Second Should any teacher employed by a board of school trustees for a specified time, leave the school before the expiration of such time, without the consent of the trustees, in writing, said teacher shall be deemed guilty of unprofessional conduct, and the board of education of the county are authorized, upon receiving notice of such fact, to suspend the certificate of such teacher for the period of one year. Should said teacher be the holder of an educational or a life diploma, the superintendent of schools shall report the delinquency of the teacher to the state board of education, who are thereupon authorized to suspend said diploma for the period of one year. [Amendment approved 1893; Stats. 1893, p. 256.]

Legislation § 1699. 1. Enacted March 12, 1872. 2. Amended by Stats. 1889, p. 190. 3. By Stats. 1893, p. 256.

§ 1700. No warrant to be drawn in favor of a teacher unless he performs his duties. No warrant must be drawn in favor of any teacher, unless the officer whose duty it is to draw such warrant is satisfied that the teacher has faithfully performed all the duties prescribed in section sixteen hundred and ninety-six. [Amendment approved 1874; Code Amdts. 1873-74, p. 99.]

Legislation § 1700. Amdts. 1873–74, p. 99.

1. Enacted March 12, 1872. 2. Amended by Code

§ 1701. Nor unless he holds certificate and was employed. No requisition for a warrant shall be drawn in favor of any teacher, unless such teacher is the holder of a proper certificate, in force for the full time for which the requisition is drawn, nor unless he was employed by the board of trustees, or city board of education, or by the superintendent of schools, as provided in section one thousand five hundred and fortyfive. [Amendment approved 1881; Stats. 1881, p. 44.]

Legislation § 1701. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 99. 3. By Code Amdts. 1880, p. 39. 4. By Stats. 1881, p. 44.

§ 1702. Duties of teachers as to ethical instruction. It shall be the duty of all teachers to endeavor to impress on the minds of the pupils the principles of morality, (the) truth, justice, and patriotism; to teach them to avoid idleness, profanity, and falsehood, and to instruct them in the principles of a free government, and to train them up to a true comprehension of the rights, duties, and dignity of American citizenship.

Instruction in manners and morals: See ante, §§ 1665, 1667.
Instruction in civil government: See ante, § 1665.

Legislation § 1702. Added by Code Amdts. 1873–74, p. 99.

§ 1703. [No section of this number.]

Legislation § 1703. The title of the act approved April 7, 1880 (Code Amdts. 1880, p. 28), provided for the addition of a new section numbered 1703, but no section of that number is printed in the text of the act.

§ 1704. Teachers must be eighteen years of age. No person is eligible to teach in any public school in this state, or to receive a certificate to teach, who has not attained the age of eighteen years.

Legislation § 1704. Added by Code Amdts. 1880, p. 40.

ARTICLE XIII.

District Libraries.

§ 1712. Library fund. How expended.

§ 1713. Of what fund consists.

§ 1714.

Library fund for cities not divided into school districts. Greatest amount that may be apportioned. Smallest amount in cities comprising single district.

§ 1715. District school libraries. May become branch of county free library. City schools may become branch of city library. Librarian.

§ 1716.

§ 1717.

Powers of trustees.

§ 1712. Library fund. How expended. First-The board of school trustees and the city board of education in any city must expend the library fund, together with such moneys as may be added thereto by donation, in the purchase of school apparatus and books for a school library, including books for supplementary work; and no warrant shall be drawn by the superintendent of schools upon the order of any board of trustees against the library fund of any district unless such order is accompanied by an itemized bill, showing the books and apparatus, and the price of each, in payment of which the order is drawn, and unless such books and apparatus have been adopted by the county, or city, or

city and county board of education. All orders of the trustees and of boards of education for books or apparatus must in every case be submitted to the superintendent of schools of the county, or city, or city and county, respectively, for his approval, before said books or apparatus shall be purchased.

Second-The trustees of each district shall cause each book now in their district school library, or that may hereafter be placed in said library, to be stamped on the fly-leaf, on the title-page, and on each one hundredth page of the book, with the words "Department of Public Instruction, State of California, County, District Library," and the county superintendent is hereby authorized and instructed to procure such stamp for each district in his county, and to pay for the same out of the county school fund of such district. [Amendment approved 1893; Stats. 1893, p. 256.]

Legislation § 1712. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 99. 3. By Code Amdts. 1880, p. 40. 4. By Stats. 1881, p. 44. 5. By Stats. 1889, p. 191. 6. By Stats. 1893, p. 256.

§ 1713. Of what fund consists. Except in cities not divided into school districts the library fund shall consist of not less than five nor more than ten per cent of the county school fund annually apportioned to the district; provided, that should ten per cent exceed fifty dollars, fifty dollars only shall be apportioned to the district; except that in distriets having five or more teachers, there shall be apportioned a sum not less than ten dollars nor more than fifteen dollars for each teacher employed; and provided further, that the school trustees of each district in the county shall, in the month of July in each year, notify the superintendent of the county as to what amount they desire to be apportioned for their respective districts for the year. [Amendment approved 1903; Stats. 1903, p. 363.]

Legislation § 1713. 1. Enacted March 12, 1872. 2. Amended by Stats. 1893, p. 257. 3. By Stats. 1903, p. 363.

§ 1714. Library fund for cities not divided into school districts. Greatest amount that may be apportioned. Smallest amount in cities comprising single district. The county superintendent of each county, or eity and county, shall annually apportion to each city, or city and county, not divided into school districts, as a library fund, such sum as may be requested by the board of education of such city, or city and county, said request to be in writing and filed with the county superintendent of schools at least thirty days before the first day of the month in which the supervisors of the county, or city and county, are required by law to levy the amount of taxes required for county, or city and county, purposes for each year, but in no case shall the sum so apportioned to any district excecd eighty cents for each pupil of average daily attendance in the elementary schools of said district, as reported to the county, or city and county superintendent of schools, during the preceding school year. It is provided that in each city and county comprising a single district, the amount apportioned shall be not less than forty eents for each pupil of average daily attendance in the elementary schools; said amount so apportioned to be deducted from the county school fund apportioned to each city, or city and county, and credited to the library fund of each city, or city and county; and it is provided,

further, that if the board of education of any city, or city and county, shall fail to file said request in writing as herein before provided, the county, or city and county superintendent shall apportion to the library fund of each city, or city and county, failing to make such request in writing, such amount, not in conflict with the provisions of this act, as he may deem advisable. The total amount of each such apportionment shall constitute the library fund of each city, or city and county, not divided into school districts, and shall be expended only in accordance with the provisions of section 1712 of this code. [Amendment approved 1915; Stats. 1915, p. 344.]

Legislation § 1714. 1. Enacted March 12, Stats. 1881, p. 44. 3. By Stats. 1893, p. 257. 4. 5. By Stats. 1915, p. 344.

1872. 2. Amended by By Stats. 1911, p. 1355.

§ 1715. District school libraries. May become branch of county free library. City schools may become branch of city library. Libraries may be maintained under the control of the district board of trustees or city board of education, and in such case shall be open to the use of the teachers, pupils and all residents of the district. Wherever practicable, the library shall be kept open during vacation and non-school days. Whenever the county in which a district is situated shall maintain a county library, the board of school trustees or city board of education may agree with the proper authorities of such county to make the school library a branch of such county library. In such event, such board of school trustees or city board of education shall turn over the books and other property of the district library to the county library, and shall annually transfer to such county library its library fund, as soon as it is available, to be kept and expended as other funds of such county library. The said county library shall thereupon make such district library a branch library, managed and maintained according to the rules and regulations established by the authorities of the county library. In any city conducting a public library owned and managed by such city, the board of school trustees or city board of education of such city may enter into an arrangement with the governing body of the public library of said city similar to the arrangement herein authorized between such school trustees or board of education and such county library. [Amendment approved 1915; Stats. 1915, p. 772.]

Legislation § 1715. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 40. 3. By Stats. 1907, p. 4. 4. By Stats. 1909, p. 245. 5. By Stats. 1915, p. 772.

§ 1716. Librarian. The board of school trustees of a district maintaining its own library shall have power to appoint a teacher or other proper person librarian of the district library. It shall be the duty of such librarian to manage such,library as efficiently as possible, and whenever expedient request the advice and assistance of some person experienced in the art of managing libraries. Whenever a district library shall have become a branch library, as provided in section seventeen hundred and fifteen of this code, the provisions of subdivision two of section seventeen hundred and twelve, and of section seventeen hundred and seventeen of this code shall not apply to them; but in all such cases the ounty, or city, or county and city, superintendent of schools may draw

rrant for the whole amount of the district library fund, payable to

the proper authorities of the county library, upon the filing with him of a copy of the resolution of the board of trustees of the district, or city board of education, embodying the agreement made with such county library, which copy shall be duly certified as correct by the clerk of the district, or other proper officer. [Amendment approved 1909; Stats. 1909, p. 246.]

Appointment of librarian: See ante, § 1617, subd. 11.

Legislation § 1716. 1. Enacted March 12, 1872. 2. Amended by Stats. 1907, p. 4. 3. By Stats. 1909, p. 246.

§ 1717. Powers of trustees. The trustees shall be held accountable for the proper care and preservation of the library, and shall have power to assess and collect all fines, penalties, and fees of membership, and to make all needful rules and regulations not provided for by the state board of education, and not inconsistent therewith, and they shall report annually to the county superintendent, all library statistics which may be required by the blanks furnished for the purpose by the superintendent of public instruction.

Legislation § 1717. Added by Code Stats. 1873-74, p. 100.

ARTICLE XIV.

Establishment and Government of High Schools and High School Districts.

[blocks in formation]

§ 1725.

§ 1726.

Formation of high school districts in cities, etc.
Organization of high school boards in cities, etc.

§ 1727.

§ 1728.

§ 1729.

§ 1730.

§ 1731.

$1732.

Formation of union high school districts. Election.
Formation of joint union high school districts.
Uniting of high school districts.

Election of trustees of high school districts. Term of office.
Meeting for organizing.

Election of high school boards. In same manner as of school
trustees. Canvass of returns. Vacancies.

Reorganization of high school board on change in number of districts.

Change in boundaries of school districts.

Admission of school district to high school district.

Lapsing of high school districts.

Disincorporation of high school districts.

$1733.

§ 1734.

§ 1735.

§ 1736.

$1737.

Change of name of high school districts.

1738.

§ 1739.

Petition for county high school district. Election. Ballot.
Trustees of county high school districts.

§ 1740.

§ 1739a.

1741.

§ 1742.

Formation of new union high school districts.
Meetings of high school boards. Where held.

Powers and duties of high school boards. Location for school.
Rooms in school building, preference. Transportation of pupils.
Board may contract with county free library for service.
Location of high school.

1743. Principals of high schools; report of.

§1743a. Report of high school principal. Salary withheld if report not

filed.

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