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" An act to provide for the establishment of high schools in the state of California," approved March 20, 1891, repealed: Act of March 23, 1893; Stats. 1893, p. 276, sec. 72. The act repealed by the above statute was as follows:An act to provide for the establishment of high schools in the state
of California. (Approved March 20, 1891; Stats. 1891, p. 182.) SECTION 1. Any city or incorporated town of one thousand five hundred or more inhabitants may, by majority vote of the qualitied electors thereof, establish and maintain a high school; or two or more adjoining school districts may unite and forma union high school district, for the purpose of estab11-hing and maintaining a high school therein, at the expense of such city or incorporated town, or union high school district.
SEC. 2. When a majority of the board of education in a city or incorporated town having a board of education, or a majority of the trustees of two or more adjoining school districts, shall unite in a petition to the county superintendent, ac companied by a petition for the establishment of such high schools, signed by not less than one hundred resident electors of such city or incorporated town or school district, it shall be the duty of the county school superintendent, within twenty days, to call an election, and appoint the officers to conduct the same, for the determination of such question. Notices of such election, not less than five in such city or incorporated town, and not less than three for each district concerned, shall be posted, one of which shall be upon the school-house in each districi, at least ten days before said election. Said election shall be conducted in the manner prescribed by law for conducting school elections. The ballots at such elections shall contain the words “For high school," and the voter shall write or print thereafter on the ballot the word "Yes" or the word "No." It shall be the duty of the officers of such elections to report the result of such elections to the county superintendent of schools.
SEC. 3. If a majority of such votes be cast in favor of a high school, it shall be the duty of the county superintendent to call a meeting of the board of education in such city or incorporated town, if there be one; if not, of the board of city trustees, or of the boards of school trustees uniting, within fifteen days, ten days' notice of which shall be given to each member of each board, in writing, by the county superintendent. At such meeting the question of locating the high school shall be determined.
SEC, 4. In cities, incorporated towns, or union high school districts, which have determined to establish such high
hools, an annual tax shall be levied by the authorities whose duty it is to levy taxes in counties, cities, incorporated towns, the amount of said tax being estimated by the county superintendent of schools (or if it be a clty having a city superintendent, then by the city superintendent of schools), and by him certified to the proper authorities, on or before the second Monday of September of each year. And it shall be the duty of such authorities to levy such a rate as will produce the amount estimated to be necessary for such purpose.
SEC. 5. In cities or incorporated towns having boards of education, the board of education shall have charge of such high schools. In school districts uniting to form a union high school district, the board to have charge of the high school shall consist of the chairman of the board of trustees of each district forming the union high school district.
SEC. 6. Said board of union high school district trustees shall elect a chairman and clerk at the time and in the manner as provided in section sixteen hundred and forty-nine of the Political Code. For the management of the union high school, the board sball have all the powers and duties that are now and may be hereafter vested in school trustees, except as otherwise provided in this act: provided, that if the union high school district comprises but two school districts, the union high school board shall consist of the chairman and clerk of each district concerned.
Sec. 7. The course of study of such high schools shall be prescribed by the high school board. Said course of study shall be such as, when completed, shall prepare its students for admission into the State University.
SEC, 8. Graduates of the grammar schools of the city, incorporated town, or of the school districts composing the union high school district shall be admitted to such high school without examination. Other applicants, residents of the city, incorporated town, or union high school districts shall be admitted upon passing an examination, to be conducted by the high school board and the principal. Nonresidents, otherwise qualified, may be admitted upon paying a reasonable tuition, to be fixed by the board in charge of the school.
Sec. 9. Nothing in this act shall be construed as preventing all the school districts in the county from uniting to form one or more county high schools; provided, that when any city, incorporated town, or union high school district shall vote io maintain a high school, such territory shall be exempt from taxation to support a county high school; and provided further, that if such city or incorporated town, or two or more school districts, shall establish a high school prior to the submission of the question of establishing a county high school or schools, the electors of such high school district shall be excluded from voting upon the county high school proposition.
SEC, 10. This act shall take effect from and after its passage.
1671. County high schools. First. There may be established in any county in this state one or more county high schools; provided, that at any general or special elec. tion held in said county after the passage of this act a majority of all the votes cast at such election, upon the proposition to establish a high school, shall be in favor of
establishing and maintaining such county high school or schools at the expense of said county.
Second. The board of supervisors, at any general election to be held in any county after the passage of this act, apon the presentation of a petition signed by fifty or more qualified electors, tax-payers of said county, must submit the question of establishing and maintaining a county high school to the qualified electors thereof. The board of supervisors, if they deem it expedient, may order a special election for such purpose. Said election shall be conducted in the manner prescribed by law for conducting elections. The ballots at such election shall contain the words "For county high schools,” and the voter shall write or print thereafter, on the ballot, the word "Yes" or the word "No."
Thind. If the majority of all the votes cast on the proposition to establish a county high school are in the affirinative, it shall be the duty of the board of supervisors, within thirty days after canvassing said vote, to locate the school in some suitable and convenient place in said county. The board of supervisors shall also estimate the cost of purchasing a suitable lot, erecting a building, and furnishing the same, for the accommodation of such school, together with the cost of conducting such school for the next twelve months; provided, that the high school board may rent suitable rooms for the accommodation of the school. If rooms can be obtained in public school buildings in the place in which said school shall be located, such rooms shall be given the preference.
Fourth. When such estimate shall have been made, the board of supervisors shall thereupon proceed to levy a special tax upon all of the assessable property of the county, except as provided in subdivision twentieth of section one thousand six hundred and seventy of the Political Code, snfficient to raise the amount estimated as necessary for the purchasing of a lot, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve (12) months. Said tax shall be computed, entered on the tax roll, and collected in the same manner as other taxes are computed, entered, and collected, and the amount so collected shall be deposited in the county treasury, and be known and designated as the county high school fund, and shall be drawn from the treasury as other moneys so appropriated are drawn.
Fifth. When the board of supervisors shall have properly provided and completed the building, together with the necessary fencing of the lot so purchased, they shall cause the same to be deeded to the county board of edu, cation, who shall hold the same in trust for the county.
Sixth. It shall be the duty of the county board of edu. cation to furnish to the board of supervisors, annually, an estimate of the amount of money needed to pay all of the necessary expenses of running said school; to adopt the necessary text-books (the state series shall be used in grades and classes for which they are adapted); to adopt and enforce a course of study for said schools; to employ suitable teachers, janitors, and other employees, and dis. charge such einployees when deemed advisable by them; and to do any and all other things necessary to the proper conduct of the school. The course of study shall be such as will, when it is completed by the student, fit hiin for admission to the University of California.
Seventh. It shall be the duty of the board of supervisors to include in their annual tax levy the amount esti. mated by the county board of education as needed to pay the expenses of conducting the county high school; and such ainount, when collected and paid into the county treasury, shall be known as the “County High School Fund,” and may be drawn therefrom in the following manner, for the purpose of defraying the expenses of conducting said county high school: The county board of education shall draw their order on the county superin. tendent of schools, in tlie manner and form provided by law for school district trustees drawing orders on their district school funds, and the county superintendent shall draw his requisition on the auditor, who shall draw his warrant on the county treasurer in favor of the person or persons to whom the amount called for in such requisition is due. All orders, requisitions, and warrants drawn on the "County High School Fund,” in all other respects, except as specified in this act, shall be subject to the law governing school districts.
Euphth. In case the qualified electors of any county deem is expedient to establish and maintain more than one county high school, then such additional school or schools may be established and maintained in the manner prescribed in this act for establishing and maintaining a county high school.
Vinth. All high schools shall be open for the admis. sion of graduates holding diplomas from the county grammar schools of the county, and to all pupils of the county who can pass the examination for admission. The exainination for admission shall be conducted by the county board of education and the principal of the county high school.
Tenth. All proceedings for the establishment of county and union high schools had prior to the passage and approval of this act are hereby validated and declared legal; and said high schools shall continue under the provisions of the law under which they were establisheit until the first day of July, one thousand eight hundred and ninetythree; thereafter they shall be conducted in accordance with the provisions of this act. (New section added March 23, 1893; Stuts. 1893, p. 274; in effect immediately.]
1682. Repealed; Stats. 1891, p. 164.
1687. Beginners, how taught. 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 orders for the salary of any teacher in vio. lation of this provision, nor shall any superintendent draw any requisition for the salary of any teacher in violation thereof. (Amendment approved March 23, 1893; Stats. 1893, p. 254; in effect immediately.]
1696. Duty of teachers. Every teacher in the public schools must,
First. Before assuming charge of a school, file his or her