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 with 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. 1 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. 2 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 management 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 name may possess all the corporate powers usually possessed by bodies of like character. The style of the board of directors for any school district under the act is "Board of School Directors." 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 previous 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." CALIFORNIA. STATE FREE-SCHOOL SYSTEM. The constitution 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 the ages of 8 and 14 years, must send such child or children to a public school for at least two-thirds of the time a public school is taught 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 failing to comply with the above is liable to a fine of not more than $20 for the first offense, 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.22 1 Mansfield's Digest, chap. 135, sec. 6265. 2 Ibid., sec. 6266. #Ibid., sec. 6267. • Ibid., sec. 6269. Ibid., chap. 185, sec. 6270. Ibid., sec. 6274. 8 Const., art. 9, secs. 5, 6, and 8. Sch. Laws, sec. 1697. 10 Ibid., sec. 1663. "Act of Mar. 28, 1874. 12 Ibid. Mar. 12, 1874. LEGAL SCHOOL POPULATION. Every school, unless 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 contagious 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. PRESCRIBED STUDIES. 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.3 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 official organ of the department of public instruc tion. The State educational diplomas are granted only to such persons as have held city or county certificate at least one year, and have taught successfully for at least 5 years; life diplomas are granted on the same conditions except that the applicant must have taught successfully for at least 10 years." The State 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 childrenin the State between the ages of 15 and 17 years, as shown by the latest reports of the school superintendents on file in his office; may call, biennially, a convention of county superintendents; and reports to the Governor on or before the 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.7 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.8 STATE SCHOOL FUND. The proceeds 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 1 Sch. Laws, sec. 1662. 2Ibid., sec. 1634. Ibid., secs. 1664-8, and 1673. 4 Ibid., sec. 1663. $ Ibid., sec. 1518 et seq. 6 Const., art. 9, sec. 2. 7 Ibid., sec. 1532 et seq. 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 have 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.1 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 his 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 districts having 10, and less than 20 schoolcensus children, four hundred dollars is appropriated. All school moneys remaining on hand after the above apportionments, are apportioned among the several districts in proportion to the average 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. 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 1882, 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. Whenever the number of school districts in any county is 20 or more, the school superintendent must hold at least one teachers' institute in each year; and every teacher employed in a public school in the county must attend such 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 session of the institute must continue 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 be (without excluding other scientific and classical studies, and including mili tary tactics) to teach such branches of learning as are related to scientific and prac tical agriculture and mechanic arts, in accordance with the requirements and condi tions of said acts of Congress.5 COUNTY SUPERVISION. A superintendent of schools for each county is elected by the people every 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 the county auditor for all necessary expenses against the school fund of any city, town, or district; keeps open to the inspection of the public a register of requisitions; visits and examines the schools of his county; presides over * Const., 1879, art. 9, sec. 9. Ibid., art. 9, sec 3. 1 Const. of 1879, sec. 4. 3Ibid., secs. 351, 1487 et seq. 4 Ibid., sec. 1560 et seq. county teachers' institutes and employs competent lecturers for the same; upon the order of the county board of examiners, issues temporary certificates; distributes laws, circulars, and blanks for the use of the school officers; keeps in his office the reports of the State superintendent; keeps record of his official acts; approves or rejects plans for school-houses (except in incorporated cities and towns); appoints trustees to fill vacancies; preserves all reports of teachers and school officers; in July, annually, grades each school (unless otherwise provided by law), and keeps record of such grading; may appoint a deputy; must report to the State superintendent, and to the county board of supervisors, the number of resident children in the county between the ages of 5 and 17 years, according to the latest returns of the census marshals; may require trustees to repair school buildings; may open schools and appoint teachers for same, if the trustees fail to do so; and makes reports when directed by the State superintendent, showing such matters relating to the public schools in his county as may be required of him; failing to make such reports, he forfeits $100 of his salary. No school superintendent, receiving an annual salary of $1,500 or more, is allowed to teach in the public schools, but he may teach if his salary is less than $1,500 per annum.1 TEXT-BOOKS. The State board of education is authorized and empowered to compile, or have compiled for use in the common schools, a series of school text-books of the following description: Three readers, one speller, one arithmetic, one grammar, one history of the United States, and one geography. The board must secure copyright to all the books so compiled. Such books are to be printed by the State printer. Whenever one or more of the State series of text-books shall have been compiled and adopted, the State board of education shall issue an order requiring the uniform use of said book or books in the common schools of the State, but such order shall not take effect until at least one year from time of completion of the electrotype plates of said book or books. These books are to be furnished to the common-school children at cost. LOCAL SUPERVISION. Each county, city, or incorporated town, unless subdivided by the legislative authority thereof, forms a school district. Districts lying partly in one county and partly in another may be formed by the county superintendents of such counties. The number of school trustees for any school district, except when city boards are otherwise authorized by law, is three, elected, one annually, for three-year terms. Boards of education are elected in cities under the provisions of the laws governing such cities. The powers and duties of trustees of school districts and of boards of education in cities are as follows: To prescribe and enforce rules for their own government, and the government of schools; manage school property; purchase school furniture, material, and apparatus; rent, furnish, repair, and insure school property; build school-houses or purchase or sell school lots when so directed by a vote of their district; hire teachers, janitors, and employés of schools, fix and order paid their compensation, unless the same be otherwise prescribed by law; suspend or expel pupils; exclude from schools children under 6 years of age; enforce the course of of study and the use of prescribed and authorized text-books; appoint district librarians; exclude from schools and school libraries all books of sectarian, partisan, or denominational character; furnish books to indigent children; keep a register of all children applying for and entitled to admission in the schools; arrange with trustees of any other school district for the attendance of children in the schools of said district, if advisable; appoint a school-census marshal; visit schools; call meetings of electors; make report whenever required directly to the superintendent of public instruction of the text-books used in their schools; and to report annually, on or before July 1, to the county superintendent, in the manner and form and on the blanks prescribed by the State superintendent.3 DISTRICT LIBRARIES. Except in cities not divided into school districts, 10 per cent. of the State school fund annually apportioned to the district is set apart as a library fund, to be expended for school apparatus and books for a school library; unless the 10 per cent. exceeds $50, in which event $50 shall be annually appropriated. In cities not divided into school districts, the library fund consists of $50 for every one thousand children between the ages of 5 and 17 years, and is annually taken from the State school fund apportioned to the city. Libraries must be kept when practicable in the school-houses; and are free to all pupils of suitable age belonging to the schools; and any resident of the district may become entitled to their privileges by payment of such fee as may be prescribed by the trustees.* 1Sch. Laws, sec. 1543 et seq. Sch. Laws, sec. 1611 et seq. TEACHERS. Before assuming charge of a public school the teacher must file his certificate with the county superintendent. As before specified, teachers are employed and paid by the boards of trustees of school districts or by city boards of education.' In each county having less than 100,000 inhabitants there is a county board of education, consisting of the county superintendent and four other members (two of whom must be experienced teachers) appointed for two-year terms by the board of supervisors. The county board of education must meet and hold examinations for granting teach ers' certificates semi-annually. These certificates are of two grades: County certifi cates, first grade, valid for 4 years, authorizing the holder to teach a grammar school; county certificates, second grade, authorizing the holder to teach a primary school. The board has power to revoke or renew certificates, and to adopt a list of books for district-school libraries." In every city, or city and county, having a board of education, there may be a city board of examination, consisting of the city superintendent of schools, and four other members (at least two of whom must be experienced teachers) elected by the city board of education, and holding office for 2 years. Each city board of education has power to examine applicants, and to grant city certificates of three grades; high school, valid for 6 years, in primary, grammar or high schools in the city; city certificates, first grade, valid for 4 years in any primary or grammar school of the city; city certificates, second grade, valid for 2 years in primary schools of the city. The board may also grant special city certificates, valid for 4 years, upon such special studies as are authorized by the city board of education, and may renew or revoke all certificates issued thereby,3 Certificates may be granted without examination by the county and city boards of examination to holders of life diplomas, State educational and normal-school diplomas, State University diplomas (when recommended by the faculty), and State normalschool diplomas of other States; and city boards may grant, without examination, certificates to holders of city certificates granted in other cities of California, and of life diplomas of other States.1 No person under 18 years of age is eligible to teach in any public school in the State, or to receive a certificate to teach. LOCAL TAXES. The board of supervisors of each county having less than 100,000 inhabitants must annually levy a county-school tax, not to exceed 50 cents on each $100 of taxable property of the county. Any district may vote to raise a tax to furnish additional school facilities for the district, to maintain any school in said district, or for building one or more school-houses, or for any two or all of these purposes; the maximum rate of district tax for building purposes in any one year must not exceed 70 cents on each $100, and the maximum rate levied for other school purposes must not exceed 30 cents on each $100 in any one year. COLORADO. STATE FREE-SCHOOL SYSTEM. The General Assembly shall provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the State, wherein all residents of the State between the ages of 6 and 21 years may be educated gratuitously. One or more public schools shall be maintained in each school district within the State at least three months in each year. Any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. No distinction or classification of pupils shall be made on account of race or color. The school month consists of four weeks of five days each." LEGAL SCHOOL POPULATION. Between the 20th day of June and the 10th day of July, in each year, the secretary of the district board of directors, or some other person authorized by him, must tale a census of all resident persons between the ages of 6 and 21 years (over 6 and under 21). 'Sch. Laws, soc. 1696. 2 Ibid., sec. 1768 et seq. Ibid., sec. 1787 et seq. 4 Ibid., secs. 1775, 1792. Ibid., sec. 1704. 8 Ibid., sec. 8. |