pianos, and apparatus and such other things as may be necessary for the use of schools: Provided, That, except in incorporated cities having boards of education, they purchase such books and apparatus only as have been adopted by the county board of education.

Fourth. To rent, furnish, repair, and insure the school property of their respective districts.

Fifth. When directed by a vote of their district, to build schoolhouses or to purchase or sell school lots.

Sixth. To make, in the name of the district, conveyances on all property belonging to the district and sold by them.

Seventh. To employ the teachers and, excepting in incorporated cities having boards of education, immediately notify the superintendent of schools, in writing, of such employment, naming the grade of certificate held by the teachers employed; and to employ janitors and other employees of the schools; to fix and order paid their compensation, unless the same be otherwise prescribed by law: Provided, That no board of trustees shall enter into any contract with such employees to extend beyond the 30th day of June next ensuing.

Eighth. To suspend and expel pupils for misconduct.

Ninth. To exclude from schools children under 6 years of age: Provided, That in cities and towns in which the kindergarten has been adopted, or may hereafter be adopted, as a part of the public primary schools children may be admitted to such kindergarten classes at the age of 4 years.

Tenth. To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority.

Eleventh. To appoint district librarians and enforce the rules prescribed for the government of district libraries.

Twelfth. To exclude from school and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

Thirteenth. To furnish books for the children of parents unable to purchase them, the books so furnished to belong to the school district and to be kept in the district school library when not in use.

Fourteenth. To keep a register, open to the inspection of the public, of all children applying for admission and entitled to be admitted into the public schools, and to notify the parents or guardians of such children when vacancies occur, and receive such children into the schools in the order in which they are registered. Fifteenth. To permit children from other districts to attend the schools of their district only upon the consent of the trustees of the district in which such children reside: Provided, That should the trustees of the district in which children whose parents or guardians desire them to attend in other districts reside refuse to grant their consent, the parents or guardians of such children may appeal to the county superintendent, and his decision shall be final.

Sixteenth. On or before the 1st day of April in each year to appoint a school census marshal, and notify the superintendent of schools thereof, but in any city, or city and county, the appointment of all school census marshals shall be subject to the approval of the city superintendent of schools. In case of failure to so appoint marshals the board are jointly and severally liable for the amount the district loses of the apportionment of school moneys.

Seventeenth. To make an annual report on or before the 1st day of July to the superintendent of schools, in the manner and form and on the blanks prescribed by the superintendent of public instruction.

Eighteenth. To make a report, whenever required, directly to the superintendent of public instruction, of the text-books used in their schools.

Nineteenth. To visit every school in their district at least once in each term, and examine carefully into its management, condition, and wants. This clause to apply to each and every member of the board of trustees.

Twentieth. Boards of trustees may, and upon a petition signed by a majority of the heads of families resident in the district, as shown by the last preceding school census, must, call meetings of the qualified electors of the district for determining or changing the location of the schoolhouse or for consultation in regard to any litigation in which the district may be engaged or be likely to become engaged, or in regard to any affairs of the district. The board must sustain all the schools established by them for an equal length of time, and as far as practicable with equal rights and privileges.

The census marshal shall annually take an enumeration of all children, including Indians who pay taxes or who are not living in tribal relation, under 17 years of age.

2. TEACHERS.

Appointment, qualifications, and duties.-Preliminary training.-Meetings.

Appointment, qualifications, and duties.-Every teacher shall, previous to entering upon duty, file a valid certificate with the county superintendent of schools, and show that he is 18 years of age or more.

The State board of education shall have power to grant the following certificates: Educational diplomas of two grades, valid throughout the State for the period of six years, as follows:

1. High school; authorizing the holder to teach in any primary or grammar school, and in any high school in which said holder is not required to teach languages other than the English.

2. Grammar school; authorizing the holder to teach in any primary or grammar school.

Life diplomas of two grades, valid throughout the State, as follows:

1. High school; authorizing the holder to teach in any primary or grammar school, and in any high school in which said holder is not required to teach languages other than the English.

2. Grammar school; authorizing the holder to teach in any primary or grammar school.

Diplomas may be issued only to such persons as have held for one year, and who still hold a valid city, city and county, or county certificate corresponding in grade to the grade of the diploma applied for, and who shall furnish satisfactory evidence of having had a successful experience in teaching of at least five years when applying for an educational diploma, and of at least ten years when applying for a life diploma. Every application to the State board of education must be accompanied by a certified copy of a resolution adopted by at least a four-fifths vote of all the members composing a city or county board of education, recommending that the diploma be granted, and also by an affidavit of the applicant specifically setting forth the places in which and the dates between which said applicant has taught, and that said applicant has taught a part of each year for five or ten calendar years, respectively. The five or ten years need not be consecutive years, but the aggregate experience must be at least thirty-five months for an educational and seventy months for a life diploma; and in either case the applicant must have had twenty-one months' experience in the public schools of California. The application must also be accompanied by a fee of $2, for the purpose of defraying the expense of issuing the diploma.

To revoke or suspend for immoral or unprofessional conduct or for evident unfitness for teaching life diplomas or educational diplomas heretofore issued or that may hereafter be issued, and to adopt such rules for the revocation of diplomas as they may deem expedient or necessary.

Except as provided below, certificates shall be granted only to those who have passed a satisfactory examination in all the studies prescribed by the county board of education: Provided, That applicants for primary county certificates shall be required to pass an examination only in arithmetic, grammar, geography, composition, history of the United States, orthography, defining, penmanship, reading, methods of teaching, school law, industrial drawing, physiology, civil government, elementary bookkeeping, and vocal music.

All examinations shall be in writing, in answer to questions formulated by the board of education. The said board shall also examine all applicants orally touching the questions asked and upon other matters in connection therewith as shall have a tendency to demonstrate the fitness of the applicant to assume the duties of teacher. The said board shall ask questions of practical utility, with a view of ascertaining the knowledge and ability of the applicant. All examinations shall be public. The standing of each applicant in each study and in the class must be indorsed on the back of each certificate issued upon examination; otherwise it is not a valid certificate.

The board may, without examination, grant county certificates of either the grammar or the primary grade to the holders of life diplomas of other States; to holders of Nevada, Oregon, and Washington State educational diplomas, of San Francisco normal class diplomas when recommended by the superintendent of public schools of said city, of California State University diplomas when recommended by the faculty of the university, of State normal school diplomas of other States, of grammar grade certificates of any county, city, or city and county of California, and county certificates of the high-school grade, and to graduates of any other institution in the United States which the State board of education of this State shall have recommended as being of the same rank as the State University of Califor

nia when the diploma of graduation from said institution shall be accompanied by a recommendation from the faculty thereof showing that the holder of the diploma has had academic and professional training equivalent to that required by the State university. The general conditions on which such recommendations may be accepted by the county boards of education as fulfilling these requirements shall be prescribed by the State board of education.

Whenever any holder of a diploma from the State University shall present to the State board of education satisfactory evidence of having had two years' successful experience as a teacher subsequent to graduation, accompanied by a recommendation from the faculty of the State University, showing that said graduate has completed the prescribed course in the pedagogical department of the State University, the State board of education shall grant to the holder of said university diploma a document signed by the president and secretary of the State board showing such fact, and the said diploma, accompanied by said document of the State board attached thereto, shall become a permanent certificate of qualification to teach in any primary, grammar, or high school in the State, valid until such time as the said document shall be revoked by said State board of education for cause.

The board may, without examination, renew unexpired certificates previously granted by said board; such renewed certificates to remain valid for the same length of time for which new certificates may be granted; and the grammar grade and primary certificates issued or renewed by the county board of education shall entitle the holders thereof to teach in any city or district school in the county, in grades corresponding to the grades of their certificates: Provided, That in cities having special departments in their schools, holders of credentials mentioned above may be examined by the city board of examination in the special studies of such departments. County boards of education may issue, upon proper examination or credentials, special certificates in any special branches taught in the schools of the county. All certificates must be issued upon the blank forms prepared for the purpose by the superintendent of public instruction.

In every city or city and county of the first, second, or third class having a board of education there may be a city board of examination, consisting of the city superintendent and four other members, residents of the city, all of whom shall be experienced teachers elected by the city board and shall hold office for two years. The duty of the board shall be to examine applicants and to prescribe a standard of proficiency which will entitle the person examined to receive (1) a high-school certificate, valid for six years, and authorizing the holder to teach any primary, grammar, or high school in such city; (2) a city certificate, grammar grade, valid for six years, authorizing the holder to teacher any primary or grammar school in such city; (3) a city certificate, primary grade, valid for two years, authorizing the holder to teach any primary school in such city. They shall report the result of the examination to the city board of education; and said board of education shall thereupon issue to the successful candidates the certificates to which they shall be entitled. The board shall recommend applicants for special certificates, valid for a period not to exceed six years, upon such special studies as may be authorized by the city board of education of such city.

City or city and county boards of examination may also recommend the granting of city certificates, and the renewal thereof, in the manner provided for the granting and renewal of county certificates by the county board of education.

The holders of city certificates are eligible to teach in the cities in which such certificates were granted, in schools of grades corresponding to the grades of such certificates.

The teacher shall enforce the course of study, the use of the legally authorized text-books, and the rules and regulations prescribed for schools; hold pupils to a strict account for their conduct on the way to or from school, on the playgrounds, or during recess; suspend, for good cause, any pupil from the school, and report such suspension to the board of school trustees or city board of education for review, and if such action is not sustained by them, the teacher may appeal to the county superintendent, whose decision shall be final; keep a State school register, in which shall be left at the close of the term a report showing programme of recitations, classification, and grading of all pupils who have attended school at any time during the school year and the superintendent shall in no case draw a requisition in favor of the teacher until the teacher has filed with him a certificate from the clerk of the board of school trustees to the effect that the provisions of this subdivision have been complied with; make an annual report to the county superintendent at the time and in the manner and on the blanks prescribed by the superintendent of public instruction. Any teacher who shall end any school term before the close of the school year shall make a report to the county superin

tendent immediately after the close of such term; and any teacher who may be teaching any school at the end of the school year shall, in his or her annual report, include all statistics for the entire school year, notwithstanding any previous report for a part of the year, and the superintendent of schools shall in no case draw a requisition for the salary of any teacher for the last month of the school term until the report required by this subdivision has been filed, and by him approved; make such other reports as may be required by the superintendent of public instruction, county superintendent, board of school trustees, or city board of education.

Preliminary training.-The State normal schools have for their objects the education of teachers for the public schools of the State. They shall be under the management and control of boards consisting of five members, called trustees, who shall have the following powers and duties: To elect a secretary, who shall receive such salary, not to exceed $150 per annum, as may be allowed by the board; to prescribe rules for their own government and for the government of the school; to prescribe rules for the reports of officers and teachers of the school, and for visiting other schools and institutes; to provide for the purchase of school apparatus, furniture, stationery, and text-books for the use of the pupils; to establish and maintain training or model schools, and require the pupils of the normal school to teach and instruct classes therein; to elect a principal and other necessary teachers, fix their salaries, and prescribe their duties; to issue diplomas of graduation upon the recommendation of the faculty of the school having the force of grammar grade certificate; to control and expend all moneys appropriated for the support and maintenance of the school, and all money received from tuition or from donations; to cause a record of all their proceedings to be kept, which shall be open to public inspection at the school; to keep, open to public inspection, an account of receipts and expenditures; to annually report to the governor a statement of all their transactions, and of all matters pertaining to the school; to transmit with such report a copy of the principal teacher's annual report.

The age of admission is 16 years. Teachers holding first or second grade certificates may be admitted from the State at large. Every person making application for admission as a pupil in the normal school must file a declaration that he enters the school to fit himself for teaching and that it is his intention to engage in teaching in the public schools of the State.

The boards of the several schools shall hold joint meetings, at which the textbooks and course of study to be used in the normal schools are to be selected.

Meetings. The superintendent of every county in which there are twenty or more school districts, and of every city and county in the State, 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: Provided, That cities employing seventy or more teachers may have a separate institute, to meet at least once a year, the sessions to be of not less than three nor more than five days: And provided further, That teachers attending such city institute shall not be required to attend the county institute. The expenses of such city institutes, not exceeding $200 annually, shall be paid from the special school funds of said city.

In any county in which there are less than 20 school districts, the county superintendent may, in his discretion, hold an institute. When directed by the county board of education, he shall hold an institute not oftener than once each year, at such time and place as the board may direct. Each session of the institute must continue not less than three nor more than five days. When the institute is held during the time that teachers are employed in teaching, their pay must not be diminished by reason of their attendance. The county superintendent must keep an accurate account of the actual expenses of said institute, with vouchers for the same, and draw his requisition upon the county auditor, who shall draw his warrant on the unapportioned county school fund to pay said amount: Provided, That such amount must not exceed $200 for any one year.

For public school teachers' retirement and annuity fund, see under Organization of system.

3. SCHOOLS.

Attendance.-Character of instruction.—Text-books.—Buildings.

Attendance.-Every school, unless otherwise provided by law, must be open for the admission of all children between 6 and 21 years of age residing in the district, and the board of school trustees, or city board of education, have power to admit adults and children not residing in the district whenever good reasons exist therefor. Whenever there is sufficient money in the fund of any school district to

support school for six months the county superintendent shall have school kept if the district fail to. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for Indian children and for children of Mongolian or Chinese descent. When such separate schools are established, Indian, Chinese, or Mongolian children must not be admitted into any other school: Provided. That in cities and towns in which the kindergarten has been adopted, or may hereafter be adopted as part of the public primary schools, children may be admitted to such kindergarten classes at the age of 4 years.

Every parent, guardian, or other person in the State of California having control and charge of any child or children between the ages of 8 and 14 years shall be required to send any such child or children to a public school for a period of at least two-thirds of the time during which a public school shall be taught in such city, or city and county, or school district, in each school year, commencing on the 1st day of July, in the year of our Lord 1874, at least twelve weeks of which shall be consecutive, unless such child or children are excused from such attendance by the board of education of the city, or city and county, or of the trustees of the school district in which such parents, guardians, or other persons reside, upon it being shown to their satisfaction that his or her bodily and mental condition has been such as to prevent attendance at school or application to study for the period required, or that the parents or guardians are extremely poor or sick, or that such child or children are taught in a private school or at home in such branches as are usually taught in the primary schools of this State, or have already acquired a good knowledge of such branches: Provided, In case a public school shall not be taught for three months during the year within 1 mile by the nearest traveled road of the residence of any person within the school district, he shall not be liable.

It shall be the duty of the president of each board of education and of the clerk of each board of district trustees in the State of California to cause to be posted three notices of this law in the most public places in the city, or city and county, or in the school district, or published in one newspaper therein for three weeks, in the month of June, in each year, the expenses of each publication to be paid out of the school fund of such city, or city and county, or school district, as the case may require.

In case any parent, guardian, or other person shall fail to comply with the provisions of this act, said parent, guardian, or other person shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not more than $20; and for the second and each subsequent offense the fine shall not be less than $20 nor more than $50; and the parent, guardian, or other person so convicted shall pay all costs. Each such fine shall be paid to the clerk of the proper board of education or of the district trustees.

The district board shall exclude from schools children under 6 years of age: Provided, That in cities and towns in which the kindergarten has been adopted, or may hereafter be adopted, as a part of the public primary schools, children may be admitted to such kindergarten classes at the age of 4 years.

And it shall be the duty of the clerk of each board of education and of each board of district trustees, on complaint of any teacher or taxpayer, to prosecute all offenses occurring under the provisions of this act; and any clerk neglecting to prosecute such offense within ten days after a written notice has been served on him by any teacher or taxpayer within the limits of the authority of said board, unless the person so complained of shall be excused by the proper school board, shall himself be liable to a fine of not less than $20 nor more than $50, which fine shall be prosecuted for in the name of the people of the State of California, and the fine so collected shall be paid over to the clerk of the board of education or trustees of the proper city, or city and county, or school district, to be accounted for as in section 3 of this act; and in case such prosecution fail, the expenses thereof shall be paid out of the school fund of the city, or city and county, or school district in which the case arose.

And it shall be the duty of the census marshal to furnish each board of education and of district trustees with a complete list of all children living within the jurisdiction of said board, and to note on such lists all children not attending colleges, college schools, private schools, or being taught at home, who are liable to the provisions of this act; and each teacher teaching within the limits of the jurisdiction of such board shall be supplied with a list of all children within his or her department or school, and shall call such list each morning on the opening of school, and note the absentees, and the reason of such absence, if any, and at the close of each term of twelve weeks shall make a full report to the board of education, or of district trustees, of all such cases of absence, with the names