for the school year ending June 30, 1906, shall be its average daily attendance for the school year ending June 30, 1905, with five per cent thereof as increase added thereto.

History: Enacted June 14, 1906, Stats. and Amdts. 1906, p. 37. In effect immediately.

A

§ 1697. SCHOOL MONTH, WHAT CONSTITUTES. school month is construed and taken to be twenty days, or four weeks of five days each, including legal holidays.

History: Enacted March 12, 1872; amended February 20, 1907, Stats. and Amdts. 1907, p. 12.

33 P. 776, 777 (teachers as public officers-compensation of, how paid).

§ 1698. DISMISSAL OF TEACHER, APPEAL. In case of the dismissal of any teacher before the expiration of any oral or written contract entered into between such teacher and 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. History: Enacted March 12, 1872; amended March 23, 1893, Stats. and Amdts. 1893, p. 256.

33 P. 776, 777 (teachers as public officers-compensation of, how paid).

§ 1699. SALARY WITHHELD, APPEAL. 1. 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.

2. [Authority to suspend teacher.] 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.

History: Enacted March 12, 1872; amended March 15, 1889, Stats. and Amdts. 1889, p. 190; March 23, 1893, Stats. and Amdts. 1893, p. 256.

See Kerr's Cyc Pol. C. for 3 pars. annotation.

33 P. 776, 777 (teachers as public officers-compensation of, how paid); 70 P. 1058 (cited); 138 C. 699, 701, 706, 72 P. 408 (construed).

§ 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.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 99.

33 P. 776, 777 (teachers as public officers-compensation of, how paid).

§ 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 forty-five.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 99; April 7, 1880, Code Amdts. 1880 (Pol. pt.), p. 39; March 4, 1881, Stats. and Amdts. 1881, p. 44.

33 P. 776, 777 (teachers as public officers-compensation of. how paid).

§ 1702. TEACHERS' SPECIAL DUTIES. 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. History: Enacted March 28, 1874, Code Amdts, 1873-4, p. 99. 33 P. 776, 777 (teachers as public officers-compensation of. how paid).

§ 1703. [Title to act of April 7, 1880, Code Amdts. 1880 (Pol. pt.), p. 28, provides for a new section seventeen hundred and three, but no such section is contained in the body of the act itself.]

33 P. 776, 777 (teachers as public officers-compensation of. how paid).

No person is

§ 1704. ELIGIBILITY; AGE REQUISITE. 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.

History: Enacted April 7, 1880, Code Amdts. 1880 (Pol. pt.).

p. 40.

33 P. 776, 777 (teachers as public officers-compensation of, how paid).

§ 1712.

§ 1713.

$ 1714. § 1715. $ 1716.

§ 1717.

ARTICLE XIII.

DISTRICT LIBRARIES.

Library fund, how expended.

School district library fund.

Same. [In cities not divided into districts.]
Control and location of library,

Who may use library.

Special powers of trustees.

§ 1712. LIBRARY FUND, HOW EXPENDED. 1. 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.

[Orders for books to be submitted.] 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.

2. [Stamping books.] 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.

History: Enacted March 12, 1872; amended March 28, 1874, Code Amdts. 1873-4, p. 99; April 7, 1880, Code Amdts. 1880 (Pol pt.), p. 40; 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. 256.

§ 1713. SCHOOL DISTRICT LIBRARY FUND. 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 districts 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.

History: Enacted March 12, 1872; amended March 23, 1893, Stats. and Amdts. 1893, p. 257; March 21, 1903, Stats. and Amāts. 1903, p. 363.

§ 1714. SAME. [IN CITIES NOT DIVIDED INTO DIS. TRICTS.] In cities not divided into school districts, the library fund shall consist of a sum not to exceed fifty dollars for every one thousand children, or fraction thereof of five hundred or more, between the ages of five and seventeen years, annually taken from the city or county school fund apportioned to the city. The superintendent shall apportion the library fund in cities not divided into districts among the several schools in proportion to the average number of children belonging to each school.

History: Enacted March 12, 1872; amended March 4, 1881, Stats. and Amdts. 1881, p. 44; March 23, 1893, Stats. and Amdts. 1893, p. 257.

2 C. A. 733, 735, 84 P. 238 (cited).