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certificate with the superintendent of schools; provided, that when any teacher so employed is the holder of a Cal. ifornia etate normal school diploma, accompanied by the certificate of the state board of education, as provided in subdivision third of section one thousand five hundred and three 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 closing a term of school, notify the county superin. tendent 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 requisi. tion 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 con. duct on the way to or from school, on the play.grounds, 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 ap. peal 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 programme 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.
Sirth. 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 super, intendent 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. 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 superinten lent, boarl of school trustees, or city board of education. [Amendment approred March 23, 1893; Stats. 1893, p. 055; in effect immedi utely.]
This section was also amended in 1891: Stats, 1891, p. 161.
1698. Dismissal of teacher. 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 superinten lent; and if the superintendent decides that the removal was made without good cause, the teacher so removed inust be reinstated, and shall be entitled to compensation for the time lost during the pending of the appal. (Amendment approreil March 23, 1893; Stats. 1893, p. 256; in effect immediately.]
Dismissal of teacher: See post, sec. 1793, note.
1699. On appeal, superintendent of schools to investigate currges. First. 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 in. struction 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.
Second. 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 elucational 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 sus. pend said diploma for the period of one year. (Amend. ment approved March 23, 1893; Stats. 1893, p. 256; in effect immediately.]
1712. Library fund. First. 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. 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.
Second, 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 stainped on the fly-leaf, on the title-page, and on each one hundredth page of the book, with the words “Department of Public In. struction, 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. (Amendment approred Jarch 23, 1893; Stats. 1893, p. 256; in effect imme. diately. ]
1713. Library fund consists of what. Except in cities not divided into school districts, the library fund shall consast 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, fity dollars only shall be apportioned to the district; and proeided further, that the school trustees of each district in the county shall, in the month of July in each year, Dotify the superintendent of the county as to what annount they desire to be apportioned for their respective districts for the year. (Amendment approved March 23, 1893; Stats. 1813. p. 257; in effect immediately.]
1714. Same. In cities not divided into school dis. tricts, 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. (Amendment approved March 23, 1893; Stats. 1893, p. 257; in effect immediately.]
1757. Repealed; Stats. 1893, p. 276, sec. 72.
1768. County board of education. First. Except in any city and county, there shall be a county board of edacation, which shall consist of the county superintendent of schools and of four other members, appointed by the board of supervisors of the county.
Second. Of the members appointed by the board of sapervisors, at least two shall always be experienced teachers, holding not lower than grammar grade certificates in full force and effect.
Third. At their last regular meeting preceding the first day of July in the year eighteen hundred and ninety. three, the board of supervisors shall appoint two members, at least one of whom shall be an experienced teacher, to serve on said board of education for the period of one year; and also two persons, at least one of whom shall be an experienced teacher, to serve on said board of education for the period of two years; and thereafter, each and every year, the board of supervisors, at the last regular meeting preceiling the first day of July, shall appoint two persons, at least one of whom shall be an experienced teacher, to serve on said board of education for the period of two years.
Fourth. If the board of supervisors of any county refuse or neglect to appoint members of the county board of education, as provided in subdivision three of this section, it shall be the duty of the county superintendent to appoint them. Should a vacancy occur at any time in the county board of education, it shall be the duty of the board of supervisors to appoint a party to fill such vacancy.
Fifth. The members of the county board of education elected or appointed shall qualify within ten days after receiving notice of their election or appointment.
Sixth. The county board of education shall organize on the first meeting subsequent to the first day of July in each year, by electing one of their number president of the board. The county superintendent shall be ex officio secretary of the board.
Seventh. For the transaction of business, three members shall constitute a quorum; but no teacher's certificate shall be issued, renewed, or revoked, nor shall any books or apparatus be adopted, except by an affirmative vote of at least three members of the board. On the call of any member, the ayes and nays shall be taken upon any proposition, and the vote shall be recorded in the minutes of the board. (Amendment approved March 23, 1893; Stats. 1893; p. 257; in effect immediately.]
1769. Repealed; Stats. 1893, p. 276, sec. 72.
1770. Semi-annual meetings. First. Each county board of education shall meet semi-annually, at such