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On the first Mondays of July and of Jannary in each year, the superintendent must make and publish to the several counties of the State a pro rata apportiopment of tho revenues remaining in the State treasury available for school purposes, based upon the number of persons between 6 and 21 years residing therein upon the first Monday of July preceding. The county clerks shall draw their requisitions on the State auditor in favor of their county treasurers for such amonints as the said counties may be entitled to receive for the support of common free schools.'

TAXATION FOR THE SUPPORT OF FREE SCHOOLS. The General Assembly must provide for the support of common schools by taxes, which may never exceed in any one year 2 mills on the dollar of the taxablo property of the State, and by an annual poll-tax of $1 on every male over twenty-one years of age; the General Assembly may authorize school districts to levy by a popular vote a tax not to exceed 5 mills on the dollar in any one year for school purposes, but no such tax shall be appropriated to any other purpose or to any other district than that for which it was levied.

STATE COMMON-SCHOOL FUND. The proceeds of all lands that have been, or may be, granted by the United States to this state; all moneys, stocks, bonds, lands, and other property belonging to any fund for purposes of education; the net proceeds of all sales of lands and other property that may accrue to this state by escheat, or from sales of estrays, or from unclaimed dividends, or distributive shares of the estates of deceased persons; any proceeds of tho sale of public lands which may have been or may be hereafter paid over to the State (Congress consenting); 10 per cent of the net proceeds of the sales of all State lands; and all the grants, gifts, and devises that are made to this State, and not otherwise appropriated, shall be securely invested and sacredly preserved as a public fund, to be designated as the “common-school fund” of the Stato, except the proceeds arising from the sale or lease of the sixteenth section [lands].3

The annual income from said fund, together with the poll-tax horetofore mentioned, and so much of the ordinary annual revenues of the State as may be set apart by law for such purposes, shall be faithfully appropriated for inaintaining a system of free common schools, and shall be appropriated to no other purpose whatsoever.4

The State anditor shall, on requisition from the State superintendent of public instruction, draw warrants on the State treasurer for payment to the several county treasurers of the school revenues due their respective counties.

STATE BOARD OF COMMISSIONERS OF THE SCHOOL FUND. The Governor, secretary of State, and State superintendent constitute a board of commissioners of the common-school fund, and must meet semi-annually at the office of the State superintendent on the first Mondays in February and in August; but the Goverpor may assemble the members of said board at any time at his discretion,

The Governor shall be president of said board, and the superintendent of public instruction shall act as its secretary.

The said board shall have the management and investment of the common-school fund of the State, and shall from time to time, as the same may accumulate, invest them in bonds of the United States or of the State.

All moneys required by law to be paid into the treasury to the credit of the common-school fund, may, if not paid within 30 days after they have become due, be recovered, with interest due tbereon, by action in any court baving jurisdiction; and such action shall be prosecuted by the attorney-general of the State, or by the prosecuting attorney of any judicial district within the State, when directed by said board.6

All moneys belonging or owing to the common-school fund, or accruing as revenue therefrom, together with the State school tax, shall be paid directly into the State treasury, and shall not be paid out except on the warrant of the auditor.?

COUNTY SUPERVISION. The county judge shall appoint a county examiner for each judicial district in the county. The county examiner must quarterly hold a public examination of persons wishing to teach in the common schools; these examinations to be held in orthography, reading, penmanship, mental and written arithmetic, English grammar, modern geography, and history of the United States. Competent persons of good moral character may receive certificates corresponding with their qualifications; but the oxaminer may not license any person addicted to profanity, drunkenness, gambling, licentiousness, or other demoralizing vices, or who does not believe in the existence of a Supreme Being.

Mansfield's Digest, chap. 135, sec. 6159.
2 Const., art. 14, sec. 3.
3 Manstield's Digest, chap. 135, sec. 6121.
Ibid., sec. 6122.

6 Ibid., sec. 6123.

Ibid., secs. 61.34-6138. ? Ibid., sec. 6139. & Ibid., secs. 6183, 6186.

He shall issue three grades of certificatos, to be styled certificates of the first, of the second, and of the third grades; those of the first, to be valid in the county for two years; those of the second, for one year; those of tho third, for six months.

He shall have power to appoint somo suitable person to hoía teachers' institutes and examine teachers in his county, in caso of his inability to attend such institutes and examinations.

Teachers are required to attend the public examination, to become members and attend the regular session of the teachers' institute as soon as the same shall be established; and no teacher may be charged for loss of time, when necessarily absent from school to attend such examination or institute.3

Public schools must be closed on days appointed for public examination of teachers, and during the sessions of teachers' institutes not more than five days during any one session.*

The county examiner must, in his annual report, give the number, namos, and addresses of all deaf-mutes, blind, and insane in each school district, under 30 years of age.5

Lach county examiner is required to encourage the inhabitants of his county to form and organize school districts, establish public schools therein, indicate sound methods of instruction, labor to create an interest in the public schools, and annually, or or before September 20, make a tabular abstract of the reports made to him by the school directors in his county, as to districts, children of school age, attendance, and average attendance of such, male avd female, white and co red; branches taught, teachers, school-houses, grounds, money raised by tax, amounts expended, and for what, revenue from cominon-school fund and from other sources, how and for what expended, and what amonnts were, at the close of the school year, unexpendeıl and in the treasury.

Failure to attend to any of these duties or to forward an abstract of directors' reports to the State superintendent involves a penalty of $25, with all costs, to be paid into the county treasury."

The examiner must keep in his office a record and description of each school district, with the boundaries clearly detined ; also a record of any change or alteration of boundaries.8

He must annually transmit to the county clerk of his county a written report, showing the number of persons between the ages of 6 and 21 years residing in each school district of his county."

The county clerk must lay said report before the county court, to be used in making the apportionment of the general school fund to the various school districts.10

A county which, by change of county lines, or by the formation of a new connty or counties, fails to receive the school funds that should be apportioned to it, froni its school population being reckoned with that of the county or counties to which said funds may be apportioned, must be reimbursed for the loss thus incurred, said loss to be corrected in the first following apportionment of school revenue if possible, or, if not then made, in the second.11

Amounts refunded according to this provision must be deducted from the funds apportioned to the counties which originally received the erroneously apportioned revenues. 12

MUNICIPAL OR TOWNSHIP SUPERVISION. Any incorporated city or town in this State, including the territory annexed thereto for school purposes, may bo organized as a single school district in the manner and with the powers hereinafter specified.13

Upon the written petition of twenty voters of such city or town, it shall be the duty of the mayor, within five days, to designate a day, not less than seven nor more than fifteen days distant, for holding an election in sa id city or town for the purpose of voting upon the adoption of this act for the government of public schools therein, and for the election, by ballot, at the same time, of a board of six school directors for said city or town.14

Two of these shall serve until the third Saturday in May next after their election, two for one year and two for two years thereafter, and two directors, to serve three years, must be elected annually to fill the vacancies thus created. Said board must fill any vacancy that may occur therein until the next annual election. 15

Said board must hold a regular meeting on the last Saturday in each month, and may hold stated meetings at such other times as they may appoint, four members to constitute a quorum. 16

I Mansfield's Digest, chap. 135,

secs. 6187, 6188. ? Ibid., 6193. *Ibid., sec. 6243. "Act of March 27, 1885, soc. 1. Mansfield's Digest, chap. 135,

sec. 6191.

6 Ibid., secs. 6190, 6191.
? Ibid., sec. 6196.
8 Ibid., sec. 6192.
Ibid., sec. 6178.
10 Ibid., seo. 6179.
11 Ibid., sec. 6180.

12 Ibid., gec. 6181.
13 Ibid., sec. 6258.
14 Ibid., sec. 6259.
15 Ibid., sec. 6262
16 Ibid., sec. 6264.

Said board shall have power to purchase or lease school-house sites; to build, hire, or purchase school-houses; to keep them in repair, furnish them withi necessary seats, desks, furniture, and other means necessary for the comfort and health of scholars and preservation of property; to hire teachers for all public schools of the district; employ a superintendent; provide books and apparatus; establish and maintain primary, graded, or high schools to accommodate all the scholars of the district; determine the branches to be taught and the text-books to be used in the several schools of the district.'

It is made the duty of the board to keep in operation the schools thus organized, not less than three nor more than ten months in each year, the board to have power to make and enforce all necessary rules and regulations for the government of teachers and pupils in said schools. Said board must visit the schools in the district at least twice each year, observe the discipline, mode of instruction, and progress of pupils, and must see that the teachers keep a correct register of the attendance, the branches taught, and other matters required by law or by the instructions of the State superintendent.

No draft or warrant may be drawn on the county treasurer, except in pursuance of an order of said board. All drafts or warrants on him must be signed by the president, or president pro tempore, and the secretary, and must specify the fund on which they are drawn and the use for which the money is assigned. 3

The title of all real estate and other property belonging, for school purposes, to any city or town organized into a separate school district under this act, is vested in said town or city, as a school district, and must be under the ananagement and control of the board of school directors for said district as completely as other school property belonging to it.*

School districts formed and governed under this act are to be known by the name of the city or town constituting the district, with the words “School District of” prefixed thereto, and by such namo may possess all the corporate powers usually possessed by bodies of like character. The stylo of the board of directors for any school district under the act is “ Board of School Directors,"?5

The board of school directors of any district organized as above said, must pay all debts and discharge all liabilities incurred by the several school districts existing under previons law and embraced in the district organized under this act."

School districts organized under this act are to have their full proportion of the general school fund of the State.?


STATE FREE-SCHOOL SYSTEM. The constitntion makes it the duty of the Legislature to provide a system of common schools by which a free school shall be supported in each district at least six months in every year, the system to include primary and grammar schools and such high, evening, normal, and technical schools as may be established by legislative, municipal, or district authority, and sets apart the entire revenue derived from the State school fund and State school tax exclusively for the support of primary and grammar schools, and forbids the appropriation of any public money for sectarian or denominational purposes, as well as the introduction of any such instruction into the the public schools.8

A school month is twenty school days, or four weeks of five school days each.9

All schools, unless otherwise provided by law, must be divided into primary and grammar grades. 10

Every parent, guardian, or other person having control of any child or children between tho ages of 8 and 14 years, must send such child or children to a public school for at least two-thirils of the time a public school is tauglit in each school year, at least twelve weeks of which must be consecutive; unless such children receive instruction at home or in a private school, or have already acquired a knowledge of the branches usually taught in the primary schools of the State, or are excused on account of bodily or mental condition, or poverty, or sickness of parents or guardians; provided such public school be taught for at least three months during the year within 1 mile of the pupil's residence. Any parent or guardian lailing to comply with the above is liable to a fine of not more than $20 for the first offenso, and not less than $20 nor more than $50 for each subsequent offense.!!

Women over 21 years old, who are citizens of the United States and of the State, are eligible to all educational offices within the State, except those from which they are excluded by the constitution..?

Mansfield's Digest, chap. 135,

SEC. 605. Ibid, set. 6265. 3 I vill., see'. 667. • Ibid., dec. 0209.

6 Ibid., chap. 135, sec. 6270.
Ibid., 806, 0971.

Ibid., sec. 6274.
$ Const., art. 9, 8008. 5, 6, and 8.

'Sch. Latra, src. 1697.
10 Ibid., sec, 1603.
11 Act of Mar. 28, 1874.
12 Ibid. Mar. 12, 1874.

LEGAL SCIIOOL POPULATION. Every school, anless otherwise provided by law, must be open for the admission of all resident children between 6 and 21 years of age, and the boards of trustees or city boards of education have power to admit adults and non-resident children whenever good reason exists therefor.

Trustees may exclude children of filthy or vicious habits, or children suffering from contagions or infectious diseases, and may also establish separate schools for children of Mongolian or Chinese descent. When such separate schools are established, Chinese or Mongolian children must not be admitted into any other schools.?

The district census marshal, annually, in May, takes a census of all children under 17 years of age, who were residents of his district on the 15th day of May, and reports the results of his labors to the superintendent of schools (or to the board of education in cities) on or before the 5th of June.


Instruction must be given in the following branches in the several grades in which each may be required : reading, writing, orthography, arithmetic, geography, grammar, history of the United States, elements of physiology, vocal music, elements of book-keeping, and industrial drawing; other studies may be allowed by the State board of education, or board of education of any county or city. Instruction must be given in all grades of schools and in all classes, during the entire school course, in manners and morals; and attention must be given to such physical exercises for the pupils as may be conducive to health and vigor of body. All schools must be taught in the English language; and no school must be continued in session more than 6 hours a day, and no pupil under 8 years of age must be kept in school more than 4 hours a day.

In the grammar-school course, the studies are arranged in four grades, with special reference to the preparation of students for entering the scientific department of the University of California.*

STATE SUPERVISION. The State board of education consists of the Governor, the superintendent of public instruction, and the principals of the State normal schools; the superintendent being secretary, and the Governor, president of the board.

The board meets at least twice a year; adopts rules and regulations; recommends : (1) rules for the examination of teachers ; (2) course of study in the public schools; (3) list of books for district-school libraries ; grants educational diplomas, valid for six years, and life diplomas; keeps record of its proceedings; and designates some educational monthly journal as the oflicial organ of the department of public instruction.

The Stato educational diplomas are granted only to such persons as have held city or county certificato at least one year, and have taught successfully for at least 5 years; lifo diplomas are granted on the same conditions except that the applicant must have taught successfully for at least 10 years..

The Stato superintendent of public instruction is elected quadrennially by the people.

He apportions school money; draws orders on the comptroller in favor of county treasurers for school moneys apportioned to the counties; prepares and furnishes all necessary blanks to school officers; has the school laws printed and distributed; visits orphan asylums to which State appropriations are made, and examines into the course of instruction therein ; visits schools and inquires into their condition; has bound all valuble school reports, journals, and documents in his office; reports to the State comptroller, on or before the 10th of August, in each year the total number of children. in the State between the ages of 15 and 17 years, as shown by the latest reports of the school superintendents on file in his ofice; may call, biennially, a convention of county superintendents; and reports to the Governor on or before tho 15th day of December, preceding each session of the Legislature, a statement of the condition of the public schools, the State Normal School, and other educational institutions supported by the State.?

STATE TAX. An annual poll-tax, not less than $2, on every male inhabitant of the State over 21 and under 60 years of age, except paupers, idiots, insane persons, and Indians not taxed, is levied and collected, and paid into the State school fund.%

STATE SCHOOL FUND. Tho procecils of all lands that have been or may be granted by the United States to the State for the support of common schools, which may be or may have been sold I Sch. Laws, see. 1062.

4 Thid., sec. 1663.

? Ibid., sec. 1332 el seq. 2 Ibid., sec, 1631.

5 Ibid., sec. 1918 et seq. & Const. of 1879, art. 13, sec. 12. * Ibid., secs. 1664-8, and 1673. Const., art. 9, sec.2.

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or disposed of, and the 500,000 acres of land granted to the new States under act of Congress, 1841, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as may be granted or may liave been granted by Congress on the sale of lands in the State shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the Legislature may provide shall be inviolably appropriated to the support of common schools throughout the State.'

The State superintendent apportions the school money among the different counties according to the number of resident children therein between the ages of 5 and 17 years, exclusive of Mongolian children and Indian children not under the guardianship of white persons; but the county superintendent apportions the State and county-school money of bis county in the following manner: He ascertains the number of teachers each district is entitled to, by calculating one teacher for every 70 school-census children between 5 and 17 years of age, or fraction thereof, not less than 20 schoolcensus children; and the sum of five hundred dollars is apportioned to each district for every teacher assigned it; and to districis having 10, and less than 20 schoolcensus children, four hundred dollars is appropriated. All school moneys remaining on hand after the above apportionnents, are apportioned among the several districts in proportion to the averago daily attendance in each district during the preceding, year.

No school district is entitled to any apportionment of State or county-school money which has not maintained a public school for at least six months during the next preceding year.2

EDUCATION OF TEACHERS. The State Normal School at San José has for its object the education of teachers for the public schools. (A branch normal school was established at Los Angeles in 1832, by act of Legislature.) The Governor, State superintendent and 5 trustees appointed by the Governor for 10-year terms constitute the board of trustees of the State Normal School, and have general management and supervision of the same, and may, upon the recommendation of the faculty, issue diplomas of graduation to those completing the full course of study and training prescribed. To the persons receiving this diploma, the State board of examination grants a first-grade certificate. To those who complete the post-graduate course, the trustees may grant a professional diploma; to these persons the State board of examination grants an educational diploma; an elementary diploma may be ganted by the trustees to persons completing part of the prescribed course, and to these the State board of examination grants a second-grade State certificate.3' Whenever the number of school districts in any county is 20 or inore, the school superintendent must hold at least one teachers' institute in each year; and every teacher einployed in a public school in the county must attend sucli institute and participate in its proceedings. In counties of less than 20 school districts the county superintendent may, at his discretion, hold an institute. Each sessiou of the institute must continuo not less than 3 nor more than 5 days.*

EDUCATION IN HIGHER AND PROFESSIONAL STUDIES. The University of California shall constitute a public trust, and its organization and government shall be perpetually continued in the form and character prescribed by the organic act creating the same, subject only to such legislative control as may be necessary to insure compliance with the terms of its endowments and the proper investment and security of its funds; but all moneys derived from the sale of public lands donated to the State by act of Congress approved July 2, 1862, and the several acts amendatory thereof, shall be invested as provided by said acts of Congress, aud the interest of said moneys shall be inviolably appropriated to the endowment, support, and maintenance of at least one college of agriculture where the leading objects shall bo (without excluding other scientitic and classical studies, and including military tactics) to teach such branches of learning as are related to scientific and practical agriculture and mechanic arts, in accordance with the requirements and cordi. tions of said acts of Congress.

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A superintendent of schools for each county is elected by the people overy four years; but the Legislature may authorize two or more counties to unite and elect one superintendent for the counties so uniting.

He has charge of the schools of his county; makes quarterly apportionments of school money; on the order of the board of trustees or board of education draws his requisition upon thie county auditor for all necessary expenses against tho school fund of any city, town, or district; keeps open to the inspection of the public a reg. ister of requisitions; visits and examines the schools of his county; presides over

Const. of 1879, soc. 4. * Sch. Laws, secs. 1838, 1859.

3 Ibid., secs. 351, 1487 et seq.
* Ibid., soc. 1560 et seq.


6 Const., 1879, art. 9, sec. 9.
Ibid., art. 9, sec 3.

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