Dissolution of district. Election. Ballot. Majority against. Order of dissolution. Property sold. Separate districts in existence. Seventeenth-Any union or joint union school district, formed under the provisions of this section, and which shall have been in existence three years or more, may be dissolved in the following manner: A petition signed by two thirds of the heads of families who reside in the district and who have children who attend the school as shown by the teacher's register or as may be shown by a census of the district ordered by the board of school trustees, shall be presented to the county superintendent of schools of the county in which such district is situated, setting forth briefly the reasons for dissolution and praying that the question may be submitted to the voters in such district. Upon receiving such petition the superintendent shall, within twenty days, call an election in the district, submitting to the voters therein the question of dissolution of such district. If such petitioning district be not wholly situated within the same county, said petition shall be presented in duplicate to the superintendent of each county having territory within such district, and each superintendent so petitioned shall, within twenty days after receiving such petition, call an election in the territory situate within his county and forming part of such district, and appoint three electors resident within such territory to conduct such election therein. Notice of such election, which must be held throughout the district on the same day and during the same hours, shall be given by posting written or printed notice thereof in at least three of the most public places in such district for at least twelve days next before the day set for such election; and if such district be not wholly situated in the same county, said notice shall be posted for said time in three of the most public places in the portion of the district in each county. Said election shall be conducted in the manner provided by law for conducting school elections. The ballots shall have printed on them the words "For dissolution," and the voters shall write or print thereafter the word "Yes" or the word "No." The election officers shall report the result of such election within five days thereafter to the county superintendent of schools of the county of which they are residents. If a majority of all the votes cast at such election be opposed to dissolution, no further petition shall be entertained or election ordered for a similar purpose within three years next following such election. If the district in which such election is held be wholly situated in one county, and if two thirds of all the votes cast at such election be in favor of dissolution, the county superintendent of such county shall forthwith certify the result of such election to the board of supervisors of such county, and such board shall, at its first regular meeting thereafter, make an order declaring such union district dissolved, such order to take effect at the end of the current school year, except as hereinafter provided. If the district in which such election is held be not wholly situated in one county, each of the county superintendents of the counties having territory therein shall immediately certify to the others the result of the election in his own county, and if two thirds of all the votes cast at such election be in favor of dissolution, all of such county superintendents shall, jointly, forthwith certify the result of such election to the board of supervisors of each of such counties, and said boards, and each of them, shall, at the first regular meeting thereafter, make an order declaring such union or joint union district dissolved, such order to take effect at the end of the current school year, except as hereinafter provided. When a union or joint union school district has been thus dissolved, the property thereof shall be sold by the board of supervisors of the county in which such property is situated, and the proceeds of such sale, together with any moneys in the treasury to the credit of such dissolved district, shall be apportioned to and placed to the credit of the school districts that composed such dissolved district in proportion to the value of property in each of such school districts, as determined by the last previous assessment therein for school purposes, and the board or boards of supervisors of the county or counties in which such dissolved district is situated shall make such orders, and such transfers from county to county, as may be necessary or proper to affect such apportionment. From and after the time of the making of the order or orders hereinbefore provided for, declaring a union or joint union school district dissolved, the original school districts composing the same, with such additional territory as shall have been annexed to them, shall be considered to be in existence again, as separate districts, and subject to the provisions of sections 1593 to 1602 of this code, relating to elections for school trustees, the first of such elections in each of such districts to be held as in the case of a newly formed district; but such order or orders shall not affect the continuance of the union or joint union board of trustees, or the maintenance of the union or joint union school, until the end of the current school year, at the expiration of which time such board and school shall cease to exist. Attendance less than five. Eighteenth-If the average daily attendance from any one of the school districts composing a union or joint union school district shall fall to five or less for the entire year, the county superintendent shall report the facts to the board of supervisors under the provisions of subdivision 2 of section 1543 of the Political Code and the board of supervisors shall lapse or suspend the district as is provided in the section named. [Amendment approved 1913; Stats. 1913, p. 96.] Legislation § 1674. 1. Added by Stats. 1903, p. 339. 2. Amended by Stats. 1913, p. 96. ARTICLE XI. § 1681. Post-graduate course for high schools. [Repealed.] § 1682. Graduates under seventeen years of age. [Repealed.] § 1681. Post-graduate course for high schools. [Repealed 1909; Stats. 1909, p. 498.] Legislation § 1681. 1. Added by Stats. 1907, p. 88. 2. Repealed by Stats. 1909, p. 498. See post, Legislation Article XIV (§§ 1720-1751). § 1682. Graduates under seventeen years of age. [Repealed 1891; Stats. 1891, p. 164.] Legislation § 1682. 1. Added by Stats. 1887, p. 125. 2. Repealed by Stats. 1891, p. 164. § 1683. Pupils, how admitted. Pupils must be admitted into the schools in the order in which they apply to be registered. Order of admission of children: See ante, § 1617, subd. 9. Act to enforce educational rights of children: See Gen. Laws, tit. "Schools." Legislation § 1683. Enacted March 12, 1872. § 1684. Must submit to regulations. All pupils must comply with the regulations, pursue the required course of study, and submit to the authority of the teachers of such schools. Legislation § 1684. Enacted March 12, 1872. § 1685. Causes for suspension or expulsion. Continued willful disobedience, open and persistent defiance of the authority of the teacher, habitual profanity or vulgarity, or smoking cigarettes or having cigarettes upon school premises, constitutes good cause for suspension or expulsion from school. [Amendment approved 1915; Stats. 1915, p. 770.]. Legislation § 1685. 1. Enacted March 12, 1872. 2. Amended by Stats. 1915, p. 770. § 1686. Defacing of school property, liabilities for. Any pupil who cuts, defaces, or otherwise injures any schoolhouse, fences, or out-buildings thereof, is liable to suspension or expulsion, and on the complaint of the teacher or trustees the parents or guardians of such pupil shall be liable for all damages. [Amendment approved 1874; Code Amdts. 1873-74, p. 112.] Legislation § 1686. Amdts. 1873-74, p. 112. 1. Enacted March 12, 1872. 2. Amended by Code § 1687. Experienced teachers for beginners. In all schools having more than two teachers, beginners shall be taught by teachers who have had at least two years' experience, or by normal school graduates; and in cities such teachers shall rank, in point of salary, with those of the assistant teachers in the highest grade in the grammar schools; and in no case shall boards of education or boards of school trustees draw crders for the salary of any teacher in violation of this provision, nor shall any superintendent draw any requisition for the salary of any teacher in violation thereof. [Amendment approved 1893; Stats. 1893, p. 254.] Legislation § 1687. 1. Enacted March 12, 1872. 2. Amended by Stats. 1889, p. 190. 3. By Stats. 1893, p. 254. ARTICLE XII. Teachers. § 1696. Duties of teachers. § 1696a. Substitution of destroyed school records. Daily average attend ance. Appeal from premature dismissal by teacher. § 1697. School month defined. § 1698. § 1699. § 1700. § 1701. § 1702. § 1703. § 1704. Appeal where teacher's salary withheld. No warrant to be drawn in favor of a teacher unless he performs his duties. Nor unless he holds certificate and was employed. Duties of teachers as to ethical instruction. [No section of this number.] Teachers must be eighteen years of age. § 1696. Duties of teachers. Every teacher in the public school must: First-Before assuming charge of a school, file his or her certificate with the superintendent of schools; provided, that when any teacher so employed is the holder of a California state normal school diploma, accompanied by the certificate of the state board of education, as provided in subdivision 3 of section 1503 of the Political Code, an educational or a life diploma of California, upon presentation thereof to the superintendent he shall record the name of said holder in a book provided for that purpose in his office, and the holder of said diploma shall thereupon be absolved from the provisions of this subdivision. Second-Before taking charge of a school and one week before clos ing a term of school, notify the county superintendent of such fact, naming the day of opening or closing. Boards of education and boards of school trustees must in every case give to the teacher a notice of at least two weeks of their intention to close the term of school under their charge. No superintendent shall draw any requisition for the last month's salary of any teacher until said teacher has filed with him the notice required by this subdivision. Third-Enforce the course of study, the use of the legally authorized text-books, and the rules and regulations prescribed for schools. Fourth-Hold pupils to a strict account for their conduct on the way to and 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. If such action is not sustained by them, the teacher may appeal to the county superintendent whose decision shall be final. Fifth-Keep a state school register, in which shall be left at the close of the term, a report showing program of recitations, classification and grading of all pupils who have attended school at any time during the school year. 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. Sixth-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 superintendent 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. Said teacher shall attach to the annual report a certificate showing the number of children attending said school who reside in other districts within the county together with the names, residence by district and the average daily attendance of said children. The principal of a school of more than one teacher shall combine the separate certificates from the teachers in the school of which he is principal, and shall make a certificate to the county superintendent showing the facts set forth in the separate certificates of the teachers. On receiving the certificates mentioned above from any school district under his jurisdiction, the county superintendent shall deduct the average daily attendance of such children from the total average daily attendance of the school in which they have attended school and add it to the total average daily attendance of the district or districts in which said children reside. 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. Seventh-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. [Amendment approved 1911; Stats. 1911, p. 1338.] Legislation § 1696. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 98. 3. By Code Amdts. 1880, p. 39. 4. By Stats. 1887, p. 130. 5. By Stats. 1889, p. 190. 6. By Stats. 1891, p. 161. 7. By Stats. 1893, p. 255. 8. By Stats. 1911, p. 1338. § 1696a. Substitution of destroyed school records. Daily average attendance. Whenever the school register or registers of any teacher or teachers or other records of any public school district in any school year may have been or shall hereafter be destroyed by conflagration or other public calamity, thereby preventing the teacher or teachers and school officers from making their monthly or annual reports in the usual manner and with accuracy the affidavits of the teacher or teachers, the school principals or other school officers of such school district certifying as to the contents of such destroyed registers or other records shall be accepted by all authorities for all school matters appertaining to such school district except that of average daily attendance. The average daily school attendance of any public school distriet or high school whereof the register or registers of the teacher or teachers or any number of them or other records may have been or shall hereafter be destroyed by conflagration or other public calamity, or whereof, by reason of such conflagration or calamity the regular session or attendance of such district or high school has been interrupted and its average attendance materially affected thereby, shall be its average daily attendance of the next preceding school year increased or diminished by the average yearly percentage of increase or decrease calculated for the next preceding ten years; provided that the average daily attendance of such school district or high school for the school year ending June thirtieth, nineteen hundred and six, shall be its average daily attendance for the school year ending June thirtieth, |