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keep the schoolhouse in repair during the time school is taught, and exercise a general care and supervision over the school premises and school property during the vacations of the schools.
Funds (permanent or special)--Taration.
Funds (permanent or special).—The proceeds of all lands that have been or may be granted by the United States to this State for the support of common schools which may be or may have been sold or disposed of, and the 500,000 acres of land granted to the new States under an act of Congress distributing the proceeds of the public lands among the sereral States of the Union, approved A. D. 1811, 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 this 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 public school system shall include primary and grammar schools and such high schools, evening schools, normal schools, and technical schools as may be established by the legislature or by niunicipal or district authority ; but the entire revenue derived from the State school fund and the State school tax shall be applied exclusively to the support of primary and grammar schools.
Taration.-The county superintendent of each county having a population of fewer than 340,000 must, on or before the first regular meeting of the board of supervisors, hand in an estimate of the minimum amount of county school fund needed during the year. This amount he must compute as follows: He must calculate 1 teacher for every 70 school census children or fraction thereof not smaller than 20, and then he must calculate the amount required to be raised at $500 per teacher. From this amount he must deduct the total amount of State apportionment and the remainder shall be the minimum amount of county school fund needed for the ensuing year: Provided, That if this amount is less than sufficient to raise a sum equal to $6 for each census child in the county, then the minimum amount shall be such a sum as will be equal to $6 for each census child in the county.
The board of supervisors of each county having fewer than 310,000 inhabit. ants must annually levy a tax to be known as the county school tax, the maximum rate of which must not exceed 50 cents on each $100 of taxable property in the county nor the minimum rate be less than sufficient to raise a minimum amount reported by the county superintendent. The minimum rate must be determined as follows: The supervisors must deduct 15 per cent from the equalized value of the last general assessment roll, and the amount required to be raised, divided by the remainder of the assessment roll, is the rate to be levied ; but if any fraction of a cent occur, it must be taken as a full cent on each $100. If the county supervisors fail to levy the tax the auditor must, and all money derived from this tax must be paid into the county treasury to the credit of the school fund.
All State school moneys apportioned by the superintendent of public instruction must be apportioned to the several counties in proportion to the number of school census children, as shown by the returns of the school census marshals of the preceding school year: Proridel, That Indian children whose parents are on Government reservations, or are living in the tribal relation, and Mongolian children not native born, shall not be included in the apportionment list. The superintendent of schools in each county must apportion all State and county school moneys as follows:
Ile must ascertain the number of teachers each district is entitled to by calculating 1 teacher for every 70 school census children, or fraction of such number not less than 20 school census children, as shown by the next preceding school census; and in cities or districts wherein separate classes are established for the instruction of the deaf, as provided in section 1618 of this code, an additional teacher for each 9 deaf children, or fraction of such number not less than five, actually attending such classes : Prorided. That all children in any asylum and not attending the public schools of whom the authorities of said asylum are the guardians shall not be included in making the estimate of the number of teachers to which the district in which the asylumn is located is entitled.
He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several districts.
Five hundred dollars shall be apportioned to each district for every teacher assigned to it: Provided, That to districts having 10 and less than 20 school census children shall be apportioned $100: Provided further, That to districts having over 70 school census children, and a fraction of less than 20, there shall be apportioned $20 for each census child in said fraction.
All school money remaining on hand after apportioning to the 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 preceding school year. Census children, wherever mentioned in this chapter, shall be construed to mean those between the ages of 5 and 17 years.
Whenever in any school year, prior to the receipt by the counties, cities, or cities and counties of this State, of their State, county, or city school fund, the school districts or cities shall not have sufficient money to their credit to pay the lawful demands against them, the county, city, or city and county superintendent shall give the treasurer of said county, city, or city and county an estimate of the amount of school money that will next be paid into the county, city, 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, city, or city and county to transfer from any fund not immediately needed to pay claims against it, to the proper school fund, an amount not to exceed 90 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.
No school district, except one newly formed, is entitled to receive any apportionment of State or county school moneys which has not maintained a public 'school for at least six months during the next preceding school year. A district which is prevented by fire, flood, or prevailing epidemic from maintaining a school for the length of time designated in this section is nevertheless entitled to its apportionment of State and county school moneys.
No school district is entitled to receive any apportionment of State or county school moneys unless the teachers employed in the schools of such district hold legal certificates of fitness for teaching in full force and effect.
The State school fund must be used for no other purpose than the payment of the salaries of teachers of primary and grammar schools.
The board of school trustees of any district may, prior to the 15th day of August in any year, when in their judgment it is advisable, call an election and submit to the electors of the district the question whether a tax shall be raised to furnish additional school facilities for the district, or to maintain any school in such district, or for building one or more schoolhouses, or for any two or all of these purposes: Provided, That where a tax has been collected for the purpose of building a schoolhouse, and the erection of such schoolhouse shall not have been commenced within two years from the time said tax was collected, the custodian of said money shall return the same to the parties from whom said tax was collected. The board of supervisors must, at the time of levying county taxes, levy the tax voted by the district: but the amount of tax levied by a district in any one year for building purposes must not exceed 75 cents on each $100, and the maximum rate levied for other school purposes must not exceed 30 cents on each $100 for any one year.
State high school fund. There is hereby levied annually for the fifty-fifth and fifty-sixth fiscal years, ending respectively June 30, 1904, and June 30, 1905, an ad valorem tax of 14 cents upon every hundred dollars the value of the taxable property of the State, which tax shall be collected by the several officers charged with the collection of State taxes, in the same manner and at the same time as other State taxes are collected, upon all and any class of property, which tax is for the support of regularly established high schools of the State. And it is further enacted that, beginning with the fifty-seventh fiscal year, to wit, July 1, 1906, it shall be the duty of the State controller, annually, between the 10th day of August and the 1st day of September, at the time that he is required to estimate the amount necessary for other school taxes, to estimate the amount necessary to be levied for the support of high schools. This amount he shall estimate by determining the amount required at $15 per pupil in average daily attendance in all the duly established high schools of the State
for the last preceding school year, as certified to him by the State superintendent of public instruction. This amount the State controller, between the dates above given, must certify to the State board of equalization.
The money in said State high school fund shall be apportioned to the high schools of the State by the State superintendent of public instruction in the following manner : He shall apportion one-third of the annual aniount among the county, district, city, union, or joint union hi schools of the State, irrespective of the number of pupils enrolled or in average daily attendance therein, except as hereinafter provided; the remaining two-thirds of the annual amount he shall apportion among such schools pro rata upon the basis of average daily attendance as shown by the oflicial reports of the county or city and county school superintendents for the last preceding school year: Prorided, That such high schools have been organized under the law of the State, or have been recognized as existing under the high school laws of the State and have maintained the grade of instruction required by law of the high schools : And provided, That no school shall be eligible to a share of said State high school fund that has not during the last preceding school year employed at least two regularly certificated high school teachers for a period of not less than one hundred and eighty days with not less than 20 pupils in average daily attendance for such length of time, except in newly established high schools wherein the minimum average daily attendance for the first year of one hundred and eighty days may be but 12 pupils and but 1 teacher : And prorided, That before receiving State aid each school shall furnish satisfactory evidence to the superintendent of public instruction of the possession of a reasonably good equipment of building, laboratory, and library, and of having maintained, the preceding school year, proper high school instruction for a term of at least one hundred and eighty days: Prorided further, That the foregoing provisions relating to the average daily attendance and the number of teachers employed shall not operate to disqualify any legally established high school existing at the date of the passage of this act from receiving a share of said State high school fund until July 1, 1904.
1. ORGANIZATION OF THE SYSTEM.
State board of education-State board of craminers--State superintendent
County superintendent-District board-Truant officers.
State board of education. The superintendent of public instruction, the secretary of state, and the attorney-general shall constitute the State board of education, of which the superintendent of public instruction shall be president. The board shall have power to adopt any rules and regulations not inconsistent with law for its own government and for the government of public schools. It may grant State diplomas and issue normal institute certificates. (See Teachers-Qualifications.)
State board of eraminers.—(See Teachers-Appointment, qualifications, and duties.)
State superintendent.---There shall be elected every two years a State superintendent of public instruction, whose salary shall be $3,000 a year, and who shall give bond in the sum of $5,000 with sureties. He shall have an office at the seat of government, where he shall keep the records of his office. He shall decide all points touching the construction of the school law, prepare lists of questions for the use of county superintendents at examinations of teachers, have general supervision of all the county superintendents and of the public schools of the State, prepare and distribute all necessary blanks and blank books, to be charged to the counties at cost; report to the governor concerning the condition of the public schools, the amount of the State school fund apportioned and sources froni which derived, with such suggestions and recommendations relating to the affairs of his office as he may think proper to communicate. He shall visit annually such counties as most need his personal attendance, and all counties, if practicable; he shall deliver educational addresses, and shall open a correspondence to enable him to obtain all necessary information relating to the system of public schools in other States. For traveling expenses he shall receive not more than $500, and the incidental expenses of his office shall be paid in the same manner as are those of other
State officers. He shall apportion the school fund, and may employ an assistant librarian, who shall have charge of the State library. Ile shall be president of the State board of education and of the State board of examiners and a member of the State land board.
County superintendent.-There shall be elected in each county biennially a county superintendent of public schools, who shall execute a bond in the sum of $2,000, to be increased at discretion, with two sureties. He shall examine teachers, apportion the general school fund among the districts, supervise the schools of his county, visit each school at least once during the quarter to examine the accounts of district officers, and make a report to the State superintendent containing the abstracts of the reports made to him by the district secretaries, and all such other matters as the State superintendent may direct. The county superintendent may appoint a deputy, who shall receive no compensation from public funds. He also shall appoint directors in districts failing to elect them. He shall record the boundaries of districts. He shall hear appeals from district school boards and of teachers or electors of districts. The salaries of county superintendents shall be fixed according to the classification of the various counties, and mileage for distances necessarily traveled may be allowed him to the amount of $300 per year. He shall be provided with a suitable office at the county seat, as also with all the office incidentals.
District board.-All school districts which shall continue to exercise undisputedly the prerogatives and enjoy the privileges of a district for the period of one year next succeeding the election of its officers shall be deemed to be a legally formed district. For the purpose of organizing a new district out of a portion of one or more old districts the parents of at least 10 children of school age residing within the limits of the proposed district shall petition the county superintendent in writing, who may call an election to determine the question.
There shall be elected in each school district annually a board of directors. The number of persons that shall constitute each board of directors shall be determined as follows: Districts containing a population of more than 1,000 shall be denominated districts of the first class; districts containing a population of from 350 to 1,000 shall be denominated districts of the second class, and districts containing a population of less than 350 shall be denominated districts of the third class; and districts of the first class shall annually elect one director for five years, while districts of the second and third classes shall annually elect one person to serve for three years as a member of the board; one member of the board of districts of the second and third classes shall be elected as president, one as secretary, and one as treasurer. District boards in first class districts shall fill vacancies until the next annual election.
Each school board shall have power to employ or discharge teachers, mechanics, or laborers, and to fix their salaries; fix the compensation to be allowed the secretary ; enforce the general regulations of the State superintendent; fix the course of study, the exercises, and the kind of text-books to be used; provide for school furniture and for everything needed in the schoolhouses or for its own use; rent, repair, and insure schoolhouses, and, when directed by the district, build or remove schoolhouses or purchase or sell school lots. The board may suspend or expel pupils from school; shall determine the number of teachers to be employed and the length of time over and above three months that the schools shall be taught; provide books for indigent children on the written statement of the teachers that the parents of such children are not able to purchase them, and shall furnish free text-books for all pupils when directed to do so by a majority vote of the electors of the district; make an annual report to the county superintendent upon the forms furnished by the superintendent; make a report to the State superintendent when instructed to do so. They shall purchase and display upon the schools the national flag.
The district board of any district of the third class may call a special meeting of the electors, who shall decide as to the location of a schoolhouse, lay a tax to pay teachers. purchase or lease suitable grounds and buildings for school purposes and furnish and repair the same and provide incidentals, procure libraries, books, and stationery for the board, etc., and direct the sale or other disposition of school property.
The secretary of the board of school directors shall give bond, with sureties, and shall annually cause to be taken a census of all persons over 6 and under 21, and shall cause reasonable effort to be made respecting the number of blind and deaf persons 4 to 22. He shall make a report to the county superintendent containing the following facts: The number of persons, male and female, in
his district between the ages of 6 and 21 ; number of schools, the branches taught, and the number of pupils in each; number of teachers employed and the compensation of each per month; number of days the school was taught during the year; number of pupils enrolled during the year and the average daily attendance; average cost of each school a month for each pupil based upon the total enrollment, and also the average cost based upon the average daily attendance (in estimating these averages the secretary shall take account of the teachers' wages, all current expenses, and 6 per cent interest upon a fair valuation of all property belonging to the district); kind of text-books used; number of volumes in the library of each school; aggregate amount paid teachers during the year and the average monthly pay; number of public schoolhouses, and their value; amount raised by tax in the district during the year for school library; amount raised by subscription or by other means than tax; amount of special tax levied for the support of schools and for buildings, sites, and furniture; amount of money on hand at the beginning of the year last past and the amount received from all other sources. Should the secretary fail to make this report he shall forfeit the sum of $100 and be responsible for the loss occasioned by his negligence. In districts of the first class the secretary may, and the treasurer shall not, be a member of the board. In districts of the second and third classes both are elected as members of the board.
Truant officers.---(See Schools-Attendance.)
Appointment, qualifications, and duties-Preliminary training-Institutes. Appointment, qualifications, and duties.- No district board shall employ any person to teach in any of the public schools unless such person shall have a license to teach in full force at the time of employment. » The State board of education is hereby authorized to grant State diplomas to such teachers as may be found to possess the requisite scholarship and culture and who may exhibit satisfactory evidence of a moral character and whose eminent professional ability has been established by not less than two years' successful teaching in the public schools of the State. Such diplomas shall supersede the necessity for any and all other examinations by persons holding; the same, whether county, city, or local, and shall be valid anywhere in the State. They shall be granted upon public examination upon such brauches and terms and by such examiners as the State superintendent, the president of the State university, the president of the State agricultural college, and the presi. dent of the State school of mines may prescribe: Provided, That the State board of education may, upon the recommendation of the State board of examiners, grant State diplomas without examination to persons who, in addition to good moral character and scholarly attainments, have rendered eminent services in educational work in the State for a period of not less than six years.
The county superintendent shall meet all persons desirous of passing an examination as teachers in some suitable room at the county seat, where he shall examine all applicants in orthography, reading, writing, arithmetic, English grammar, geography, the history of the United States, civil government, physiology, laws of health, the elements of the natural sciences, theory and practice of teaching, and the school law of the State. He may appoint a deputy at $5 a day to examine persons to whom it would be a hardship to attend at the county seat. If the applicant is to teach in a school of high grade, the examinations shall extend to such additional branches of study as are to be pursued in such school. The certificates shall be of three grades. The first grade shall be valid for three years, the second for eighte-n months, the third for nine months. A county superintendent may renew a certificate of the first grade by indorsing such renewal thereon. It shall be deemed a violation of law to grant a certificate of either of the above-named grades without requiring the applicant to pass a thorough and satisfactory examination in the branches required by law and upon questions prepared by the State superintendent, but failure in the elements of the natural sciences shall not prevent the issuance of a third-grade certificate. A certificate of like grade may be issued by the county superintendent upon it first-grade certificate issued in another county.
In school districts of the first class the examination of teachers to fill vacancies may be conducted by the school boards of such districts, and a teacher thus examined and while thus employed shall not be required to hold a certificate