§ 1607. Powers. Boards of school trustees and city boards of educa tion shall have power, and it shall be their duty:

Prescribe rules. First-To prescribe and enforce rules not inconsistent with law, or with those prescribed by the state board of education, for their own government and for the government of the schools under their jurisdiction, and to transact their business at regular or special meetings called for such purpose. The board shall fix the time for its regular meetings, and such action shall be proper notice to all members of the board of such meetings, but for any special meetings, written notice must be given to each member of the board at least twenty-four hours prior to the time for the meeting, unless at the time of the meeting each and every member of the board waives such written notice.

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

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

Annual report. Fourth-To make an annual report, on or before the first day of July, to the superintendent of schools in the manner and form and on the blanks prescribed by the superintendent of public instruction.

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

Visit schools. Sixth-To visit each school in their district at least once in each term and to examine carefully into the management, conditions and needs of those schools, except in school districts which employ district or city superintendents of schools, and in those districts to visit such schools or provide that they shall be visited by the district or city superintendent of schools or his assistants. [New section added May 18, 1917; Stats. 1917, p. 736.]

§ 1608. Powers. Boards of school trustees and city boards of education shall have power, and it shall be their duty:

Management of school property. First-To manage and control school property within their districts, and to pay all moneys received by them or collected by them from any source whatever, and all moneys apportioned to them from taxes levied and collected under the authority of city councils for school purposes, into the county treasury to be placed to the credit of the proper fund of their districts.

Purchase furniture, etc. Second-Except as otherwise provided in this code, to purchase school furniture, including musical instruments, and apparatus, and such other articles as may be necessary for the use of schools; provided, that except in city school districts governed by boards of education, they shall purchase such books and apparatus only as have been adopted by the county board of education.

Insure, etc., school property. Temporary quarters. Third-To furnish, repair, and insure and in their discretion, rent, the school property of

their respective districts, such insurance to be written in any solvent insurance company, doing business in this state, or in any mutual insurance company organized under the laws of this state. When the school enrollment of any school is such as to cause overcrowded schoolrooms, then boards of school trustees and city boards of education shall have power to make arrangements for the location of schools in temporary quarters. These quarters may be procured for a consideration, or at a rental, or by the construction of temporary buildings on school property. The boards of school trustees and city boards of education shall also have power to rent suitable quarters for administrative offices for a period not to exceed five years.

Build schoolhouses. Fourth-When directed by a vote of their distriets to build schoolhouses or to purchase or sell school lots.

Receive and make conveyances. Fifth-To receive in the name of the district conveyances for all property received and purchased by them, and to make in the name of the district conveyances on all property belonging to the district and sold by them. [Amendment approved May 9. 1919; Stats. 1919, p. 479.].

This section was also amended in 1917. See Stats. 1917, p. 737.

§ 1609. Powers of. Boards of school trustees and city boards of education shall have power, and it shall be their duty:

Employ principal. City superintendent of schools. First-To employ a principal for each school under their control, and they may employ a district superintendent for one or more schools employing eight teachers or more under their control. In each city school district governed by a city board of education, such board may employ a city superintendent of schools and such deputy or assistant city superintendents as it may deem necessary and fix and order paid their compensation unless the same be otherwise prescribed by law. Any deputy city superintendent of schools, or assistant city superintendent of schools, or district superintendent may be elected for a term of four years.

Employ teachers. Pay. For less than school year. Second-To employ the teachers, and immediately notify the county superintendent of schools in writing, of such employment, naming the grade of certificate held by the teacher employed; also to employ janitors and other employees of the school; to fix and order paid their compensation, unless the same be otherwise prescribed by law; provided, that no board shall enter into any contract with such employees to extend beyond the close of the next ensuing school year; except that teachers may be elected on or after June first for the next ensuing school year, and each teacher so elected shall be deemed re-elected from year to year thereafter unless the governing body of the school district shall on or before the tenth day of June give notice in writing to such teacher that his services will not be required for the ensuing school year. Such notice shall be deemed sufficient and complete when delivered in person to the teacher by the clerk or secretary of the governing body of the school district, or deposited in the United States mail with postage prepaid addressed to such teacher at his last known place of address; provided, that any teacher who shall fail to signify his acceptance within twenty days

after notice of his election or employment has been given or mailed shall be deemed to have declined the same. Any board of trustees or city board of education may arrange to pay the teachers or principals so employed by them in ten or eleven or twelve equal payments instead of by the school month; provided, however, that where the board of trustees or city board of education arranges to pay the teachers or principals employed by them in twelve equal payments for the year, they shall begin such payments on the first day of the calen dar month following the opening of schools for the current year in all cases where school is opened during the month of July, and in all cases where school is not opened during the month of July the board of trustees or city board of education may withhold such warrant or warrants which may have fallen due prior to the opening of school until the teachers or principals so employed by them shall have returned to the employment for which they were engaged by the board of school trustees or the city board of education and shall have resumed their respective duties, and then such payments shall be continued from month to month on the first day of each calendar month thereafter until said teachers have been paid the full amount due to them for that fiscal year; provided, that a teacher who serves less than a full school year is entitled to receive as salary only an amount that bears the same ratio to the established annual salary for such position as the time he teaches bears to the annual school term; provided, that whenever the first day of the month falls upon a holiday, payment of teachers' salaries shall be made on the following day.

Appoint district librarians. Third-To appoint and, in their discretion, pay district librarians, and enforce the rules prescribed for the government of district libraries.

Employ supervisors. Fourth-To employ in their discretion supervisors of subjects and to fix and order paid their compensation unless the same be otherwise prescribed by law. [New section added May 18, 1917; Stats. 1917, p. 737.]

§ 1610. Powers and duties of school and city boards of education. Board of school trustees and city boards of education shall have power, and it shall be their duty:

Suspend pupils. First-To suspend or expel pupils for misconduct, when other means of correction have failed to bring proper conduct.

Exclude children. Children under six admitted when. Second-To exelude from the schools children under six years of age, except as hereinafter provided; provided, that where the kindergarten is part of the day elementary schools, children may be admitted to the kindergarten classes at four and one-half years of age; and provided, further, that where any district has established a school for the instruction of the deaf, such children may be admitted to the deaf school at three years of age. In the enforcement of the provisions of this section children shall be admitted to the beginning classes of any school during the first month of the school year, or when the school year is divided into school terms, during the first month of each term, and children who will be six years of age before the end of the six months of the school year, or before the end of the third month of the school term, shall be admitted at

the beginning of the school year, or the school term, and children who will not be six years of age by the end of the period specified shall not be admitted until the beginning of another school year or school term. Beginners shall in like manner be admitted to the beginning classes of the kindergarten during the first month of the school year, or of the school term, if the school year be divided into terms, if such children will be four and one-half years of age before the end of the sixth month of the school year and before the end of the third month of the school term, and children who will not be four and one-half years of age within the period specified shall not be admitted to the kindergarten classes until the beginning of another school year or term.

Register. Third-To cause the principal 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. Permit children from other districts to attend. Fourth-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.

Care to health. Fifth-To give diligent care to the health and physical development of pupils, and where sufficient funds are provided by district taxation, to employ properly certificated persons for such work.

Provide transportation. Sixth-To provide, with the written approval of the superintendent of schools, for the transportation of pupils to and from school whenever in their judgment such transportation is advisable, and good reasons exist therefor, to purchase or rent and provide for the upkeep, care, and operation of vehicles, or to contract and pay for the transportation of pupils to and from school by common carrier, or to contract with and pay responsible private parties for such transportation; provided, that in order to secure such service at the lowest possible figure consistent with proper and satisfactory service, boards of education and boards of school trustees shall secure bids for the items of service contemplated in this subdivision; and provided, further, that no board shall make any purchase or enter into any contract for such service without securing the written approval of the county superintendent of schools. [New section added May 18, 1917; Stats. 1917, p. 739.]

§ 16104. High school classes in elementary school. First-The high school board of any high school district with the approval of the county superintendent of schools may aid by paying salary or any expenses for the maintenance of high school classes in any elementary school in their district situated more than ten miles from the high school building by the nearest traveled road. The enrollment and average daily attendance of high school pupils in such elementary schools shall be reported to the

principal of the high school and made a part of the enrollment and attendance in such high school.

Application of elementary school district for course of high school study. Expenses. Second-The board of school trustees of any elementary school district not included in any high school district, the school of which is situated more than ten miles from any high school by the nearest traveled road may, with the approval of the county superintendent of schools, ask the county board of education to outline a course of study to include subjects usually taught in the first and second years of the high school. The county board of education on receiving such application shall outline for such elementary district a course of study for pupils who are entitled to attend a high school to include the first and second years of the regular high school work. The secretary of the county board of education shall notify the board of school trustees applying for permission to teach high school subjects that such permission has been granted. When such course of study is established, it shall be taught only by a teacher holding a full high school certificate. The board of school trustees may meet the extra expenses of such high school training by special tax under section one thousand eight hundred forty of the Political Code. The average daily attendance of pupils in such elementary school taking high school work shall be reported to the county superintendent of schools as high school pupils and by him reported to the superintendent of public instruction. The apportionment of state and county aid given to high school pupils on average daily attendance shall be apportioned to the elementary schools maintaining such high school training. [Amendment approved May 9, 1919; Stats. 1919, p. 425.]

§ 1611. Meetings of electors. Notices. Organization. Powers of meeting. Litigation. Boards of trustees in school districts, not including districts having city boards of education, may, and upon a petition signed by a majority of the heads of families resident in the district, 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 in the district. Such meetings shall be called by posting three notices in public places, one of which shall be in a conspicuous place on the schoolhouse, for not less than ten days previous to the time for which the meeting shall be called, which notices shall specify the purposes for which said meetings shall be called; and no other business shall be transacted at such meetings. District meetings shall be organized by choosing a chairman from the electors present, and the district clerk shall be clerk of the meeting, and shall enter the minutes thereof on the records of the district. A meeting so called shall be competent to instruct the board of trustees:

1. In regard to the location or change of location of the schoolhouse or the use of the same for other than school purposes; provided, that in no case shall the schoolhouse be used for purposes which necessitate the removal of any school desks or other school furniture.

2. In regard to the sale and purchase of school sites.

3. In regard to prosecuting, settling or compromising any litigation in which the district may be engaged, or be likely to become engaged, and