11. [To bind school reports, etc.] To have bound, at the state bindery, all valuable school reports, journals, and documents in his office, or hereafter received by him.

12. To report to the controller, on or before the tenth day of August of each year, the total number of children in the state between the ages of five and seventeen years, as shown by the latest reports of the county and city and county superintendents on file in his office.

13. [Delivery of books, etc., to successor.] To deliver over, at the expiration of his term of office, on demand, to his successor, all property, books, documents, maps, records, reports, and other papers belonging to his office, or which may have been received by him for the use of his office.

[In effect, when.] Sec. 2. This act shall take effect and be in force from and after its passage.

History: Amended March 1, 1907, Stats. and Amdts. 1907, p. 71.

§ 1543. COUNTY SUPERINTENDENT, DUTIES OF. It is the duty of the county superintendent of each county:

First-To superintend the schools of his county.

Second-1. [Apportionment of school moneys.] To apportion the school moneys to each school district, as provided in section one thousand eight hundred and fifty-eight of this code, at least four times a year. For this purpose he may require of the county auditor a report of the amount of all school moneys on hand to the credit of the several school funds of the county not already apportioned; and it is hereby made the duty of the auditor to furnish such report when so required; and whenever an excess of money has accumulated to the credit of a school district by reason of a large census roll and a small attendance, beyond a reasonable amount necessary to maintain a school for eight months in such district for the year, the superintendent of schools shall place said excess of money to the credit of the unapportioned school funds of the county, and shall apportion the same as other school funds are apportioned.

2. [Lapsed district.] If in any school district there has been an average daily attendance of only five, or a number of pupils less than five, during the whole school year, the superintendent shall at once suspend the district, and report the fact to the board of supervisors at their next meeting. The board of supervisors, upon receiving such report from the superintendent, shall declare the district lapsed, and shall attach the territory thereof to one or more of the adjoining school districts in such manner as may be by them deemed most convenient for the residents of said lapsed district..

3. [Sale of property of lapsed district.] When any district has been declared lapsed, the board of supervisors shall sell or otherwise dispose of the property thereto belonging, and shall place the proceeds of such sale to the credit of the district. Thereupon the superintendent shall determine all outstanding indebtedness of said lapsed district, and shall draw his requisition upon the county auditor in payment thereof. Any balance of moneys remaining to the credit of said lapsed district after all indebtedness has been paid shall be transferred by the superintendent to the credit of the district.

into which the said lapsed district has been merged. If the lapsed district has been attached to more than one of the adjoining districts, the superintendent must apportion the moneys remaining to the credit of the lapsed district to the several districts pro rata according to the number of school census children of the respective districts as shown by the last preceding school census. Should there not be sufficient funds to the credit of the lapsed district to liquidate all of the outstanding indebtedness thereof, the superintendent shall draw his requisition upon the county auditor pro rata for the several claims.

Third [Requisition for expenses.]-On the order of the board of school trustees, or board of education of any city or town having a board of education, to draw his requisition upon the county auditor for all necessary expenses against the school fund of any district. The requisitions must be drawn in the order in which the orders therefor are filed in his office. Each requisition must specify the purpose for which it is drawn, but no requisition shall be drawn unless the money is in the fund to pay it, and no requisition shall be drawn upon the order of the board of school trustees or board of education against the funds of any district except the teachers' or janitors' salaries, unless such order is accompanied by an itemized bill showing the separate items, and the price of each, in payment for which the order is drawn; nor shall any requisition for teachers' or janitors' salaries be drawn unless the order shall state the monthly salary of teacher or janitor, and name the months for which such salary is due. Upon the receipt of such requisition the auditor shall draw his warrant upon the county treasurer in favor of the parties for the amount stated in such requisition.

[Form and approval of demand.] The order of the board of school trustees, or board of education, shall be made only on the form of blank approved by the superintendent of public instruction, provided, that said blanks shall be printed and furnished to the school districts by the board of supervisors of the respective counties of the state, and when signed by at least two members of the board of trustees, or the officials authorized to sign orders for the board of education shall be transmitted to the superintendent, who shall, in case he approve said demand, indorse upon it, "examined and approved," together with the number and date when approved, and shall, in attestation thereof, affix his signature thereto, and deliver the same to the claimant, or his order, who shall transmit the same to the auditor, who shall, in case he allows said demand, indorse upon it, "allowed," together with the number and date when allowed, and shall, in attestation thereof, affix his signature thereto, and deliver the same to the claimant; and said demand, when so approved, and signed by the superintendent, and when so allowed and signed by the auditor, shall constitute the requisition on the auditor, and the warrant. on the treasury within the meaning of this act.

Fourth [Register of requisitions.]-To keep open to the inspection of the public a register of requisitions, showing the fund upon which the requisitions have been drawn, the number thereof, in whose favor, and for what purpose they were drawn, and also a receipt from the person to whom the requisition was delivered.

Stats. and Amdts.-6

Fifth [Visit and examine schools.]-To visit and examine each school in his county at least once in each year. For every school not so visited the board of supervisors must, on proof thereof, deduct ten dollars from his salary. Sixth [Preside over teachers' institutes.]—To preside over teachers' institutes held in his county, and to secure the attendance thereat of lecturers competent to instruct in the art of teaching, and to report to the county board of education the names of all teachers in the county who fail to attend regularly the sessions of the institute; to enforce the course of study, the use of text-books, and the rules and regulations for the examination of teachers prescribed by the proper authority.

Seventh [Issue temporary certificates.]-He shall have power to issue, if he deem it proper to do so, temporary certificates, valid for six months, to persons holding certificates which in his judgment correspond in grade to certificates which may be under the provisions of section seventeen hundred and seventy-five of the Political Code, or to graduates of those schools of the state of California which in his judgment are the equivalent in scholarship required for graduation from the normal schools of California; provided, that no person shall be entitled to receive such temporary certificate more than once in the same county.

Eighth [Distribute laws, etc.]-To distribute all laws, reports, circulars, instructions, and blanks which he may receive for the use of school officers. Ninth [Keep reports.]-To keep in his office the reports of the superintendent of public instruction.

Tenth [Record of official acts.]-To keep a record of his official acts, and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants examined, which shall be open to the inspection of any applicant or his authorized agent.

Eleventh [Approve or reject plans for schoolhouses.]-Except in incorporated cities having boards of education, to pass upon and approve or reject all plans for schoolhouses. To enable him to do so, all boards of trustees, before adopting any plans for school buildings, must submit the same to the county superintendent for his approval.

Twelfth [Appoint trustees and janitors, when.]-To appoint trustees to fill all vacancies, to hold until the first day of July succeeding such appointment; when new districts are organized, to appoint trustees for the same, who shall hold office until the first day of July next succeeding their appointment. In case of the failure of the trustees to employ a janitor, as provided in section sixteen hundred and seventeen, subdivision seventh, of this code, he shall appoint a janitor, who shall be paid out of the school fund of the district. Should the board of school trustees of any district fail or refuse to issue an order for the compensation of such service, the superintendent is hereby authorized to issue, without such order, his requisition upon the county school fund apportioned to such district.

Thirteenth To make reports, when directed by the superintendent of public instruction, showing such matters relating to the public schools in his county as may be required of him.

Fourteenth [Preserve reports, delivery to successor.]-To preserve carefully all reports of school officers and teachers, and, at the close of his official

term, deliver to his successor all records, books, documents, and papers beIonging to the office, taking a receipt for the same, which will be filed in the office of the county clerk.

Fifteenth [Grade schools.]-The county superintendent shall, unless otherwise provided by law, in the month of July of each year grade each school, and a record thereof shall be made in a book to be kept by the county superintendent in his office for this purpose. And no teacher holding a certificate below the grade of said school shall be employed to teach the same. History: Amended March 1, 1907, Stats and Amdts. 1907, pp. 75-78.

§ 1576. SCHOOL DISTRICTS [IN CITIES, GOVERNMENT]. Every city or incorporated town unless subdivided by the legislative authority thereof, shall constitute a separate school district, which shall be governed by the board of education or board of school trustees of such city or incorporated town;

[Annexation of additional territory.] Provided, that whenever a city or town shall be incorporated the board of supervisors of the county may annex thereto, for school purposes only, the remainder, or any part of the remainder, of the district or districts from which such city or incorporated town was organized, whenever a majority of the heads of families residing therein, as shown by the last preceding school census, shall petition for such annexation; and, provided further, that the board of supervisors may include more territory than the remainder of the district or districts from which the city or incorporated town was organized, whenever a petition for such purpose is presented to them, signed by a majority of the heads of families, as shown by the last preceding school census, residing in such additional territory.

[Outside territory, rights at elections.] When said remainder or part thereof, or said additional outside territory, has been annexed to said city or incorporated town, it shall be deemed a part of said city or incorporated town for the purpose of holding the general municipal election, and shall form one or more election precincts, as may be determined by the legislative authority of said city or incorporated town, the qualified electors of which shall vote only for the board of education, or the board of school trustees; and such outside territory shall be deemed to be a part of said city or incorporated town for all matters connected with the school department thereof, for the annual levying and collecting of the property tax for the school funds of said city or incorporated town; and for all purposes specified in sections one thousand eight hundred and eighty to one thousand eight hundred and eightyeight of this code, inclusive, provided, however, that the last assessment roll made by the county assessor, shall be the only basis of taxation for such school district on the property outside the corporate limits so annexed for school purposes.

History: Amended March 4, 1907, Stats. and Amdts. 1907, p. 83.

§ 1581. ACTION CREATING NEW DISTRICTS, VOID IN CERTAIN EVENTS. After the making of an order by the board of supervisors creating a new district, the school must be opened therein not later than the second

Monday of September following the date on which said order was made; otherwise said order shall be null and void.

History: Amended February 28, 1907, Stats. and Amdts. 1907, p. 61.

§ 1617. POWERS AND DUTIES OF TRUSTEES AND BOARDS OF EDUCATION. The powers and duties of trustees of school districts, and of boards of education in cities, are as follows:

1. [Prescribe and enforce rules.] To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools, and to transact their business at regular or special meetings, called for such purpose, notice of which shall be given each member.

2. [Manage and control school property.] To manage and control the school property within their districts, and to pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury, to be placed to the credit of the special fund of their districts.

3. [Purchase text-books for pupils.] To purchase text-books of the state series for the use of pupils whose parents are unable to purchase them, school furniture, including organs and 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.

4. [Rent, etc., and insure school property.] To rent, furnish, repair, and insure the school property of their respective districts.

5. [Build schoolhouses.] When directed by a vote of their districts to build schoolhouses or to purchase or sell school lots.

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

7. [Employ teachers.] To employ the teachers, and, excepting in incorporated cities having boards of education, immediately notify the superintend ent of schools, in writing, of such employment, naming the grade of certificate held by the teachers employed; also, 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 thirtieth day of June next ensuing.

8. To suspend and expel pupils for misconduct.

9. [Exclude children under six years of age.] To exclude from schools children under six 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 four years.

10. [Enforce course of study.] To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority. 11. [Appoint librarians.] To appoint district librarians, and enforce the rules prescribed for the government of district libraries.