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1635. Where district in two counties.

SEC. 1635. Whenever a district is formed, lying partly in two adjoining counties, the census marshal must report to each county superintendent the number of children in each county. [Amendment, approved March 28, 1874; Amendments 1873-4, 96; took effect from passage.]

1636. Report.

SEC. 1636. His report must be made under oath, upon blanks furnished by the superintendent of public instruction, and must show:

1. The number, age, sex, color, and nationality of the children listed; 2. The names of the parents or guardians of said children;

3. Such other facts as the superintendent of public instruction may designate;

4. The census marshal shall have power to administer oaths to parents and guardians;

5. If, at any time, the superintendent of schools has reason to believe that a correct report has not been returned, he may appoint a census marshal, have the census retaken, and the compensation for the same shall be audited and paid as provided in section sixteen hundred and thirty-nine of this code. [Amendment, approved March 4, 1881; Statutes and Amendments 1881, 43; took effect immediately.]

1637. Children absent at school to be listed.

SEC. 1637. He must include in his report all children (whose parents or guardians are residents of the district) that are absent attending institutions of learning.

1638. Children of non-residents not to be included.

SEC. 1638. He must not include in his report children who are attending institutions of learning, or such benevolent institutions as deaf and dumb, blind, and orphan asylums, in his district, but whose parents or guardians do not reside therein. [Amendment, approved March 28, 1874; Amendments 1873–4, 97; took effect from passage.]

1639. Compensation of marshal.

SEC. 1639. The compensation of census marshals must be audited and paid as other claims upon the school fund of the district are audited and paid. 1640. Neglect or refusal of census marshal to report a misdemeanor.

SEC. 1640. If the census marshal neglects or refuses to make his report at the time and in the manner herein required, or to perform any other duty devolved upon him, he must be deemed guilty of a misdemeanor, and on conviction be punished by fine or imprisonment. [New section, approved March 13, 1874; Amendments 1873-4, 85; took effect from passage.]

ARTICLE IX.

CLERKS OF SCHOOL DISTRICTS.

1649. When and how elected.

SEO. 1649. Boards of trustees must annually, on the first Saturday of July,

meet and elect one of their number clerk of the district.

1650. General duties of.

SEC. 1650. It is the duty of the clerk:

1. To act as clerk of the board, and keep a record of their proceedings;

2. To keep an account of the receipts and expenditures of school moneys; 3. To keep his records and accounts open to the inspection of the electors of the district;

4. To perform such other duties as may be prescribed by the board

1651. When to provide supplies, etc.

SEC. 1651. The clerk of each district must, under the direction of the board of trustees, provide all school supplies authorized by this chapter, and keep the school-house in repair during the time school is taught therein.

1652. Clerk as assessor.

Section 1652, relating to the clerk acting as assessor or collector, or both, was repealed by act of April 7, 1880; Amendments 1880, 47 (Ban. ed. 152); took effect immediately. The repealed section read as follows

"SEC. 1652. The clerk may act as assessor, or collector, or as both, of district taxes, in either of which cases he must be paid the same compensation which would have been allowed by the board to any other person."

ARTICLE X.

SCHOOLS.

1662. Who may be admitted to schools.

SEC. 1662. Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district, and the board of trustees, or city board of education, have power to admit adults and children not residing in the district whenever good reason exists therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for children of Mongolian or Chinese descent. When such separate schools are established, Chinese or Mongolian children must not be admitted into any other schools. [Amendment, approved March 12, 1885; took effect from passage.] Who admitted to schools.-The original section had the word "white" before children. In Ward v. Flood, 48 Cal. 37, after an elaborate consideration of the question, it was concluded that the exclusion of colored children from schools attended by white children could be upheld only where separate schools for negroes were provided. The same question arose in regard to the Chinese, and the courts holding that they could not be excluded solely on account of race, Tape v. Hurley, 5 West Coast Rep. 692, the above amendment was passed. As the law stood at the time of this ruling the

above section read:

1663. Grading schools.

"SEC. 1662. Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district; and the board of trustees, or city board of education, have power to admit adults and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases. [Amendment, approved April 7, 1880; Amendments 1880, 38 (Ban. ed. 142); took effect immediately.]"

SEO. 1663. 1. All schools, unless otherwise provided by law, must be divided into primary and grammar grades. The county board of education must, on or before the first day of July, eighteen hundred and eighty-three, prescribe the course of study in each grade, provided that it shall not conflict with section sixteen hundred and sixty-five of this code.

2. The board shall also prescribe a course of study not in conflict with said section sixteen hundred and sixty-five, that will fit and prepare the students therein to enter the scientific department of the University of California, to be divided into four grades requiring one year to each grade, and to be known as the grammar-school course.

3. The grammar-school course shall apply to and be taught in school districts which have elected to have the same taught as hereinafter provided.

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4. The board of trustees of any district may by order duly made and entered on its minutes, upon petition or otherwise, call meetings of the qualified electors of the district as provided in subdivision twenty, of section sixteen hundred and seventeen of this code, to determine whether the grammar-school course shall be taught in such district.

5. If such course shall be chosen, it shall thereafter in such district take the place of and be substituted for the course prescribed for the grammar grade. 6. The county board of education shall provide and require that examinations in each of said courses shall take place at stated periods, not less than twice in each school year, for promotion. It shall also provide for conferring diplomas at the end of the course of study in the grammar grade and in the grammarschool course for those who satisfactorily pass the required examination.

7. The county board of education may amend and change, subject to said section sixteen hundred and sixty-five, either of the above courses of study whenever necessary. [Amendment, approved March 9, 1883; Statutes and Amendments 1883, 83; took effect fifty days after its passage.]

1664. To be taught in the English language.

SEC. 1664. All schools must be taught in the English language.

1665. Instruction, branches in.

SEC. 1665. Instruction must be given in the following branches, in the several grades in which each may be required, viz.: Reading, writing, orthography, arithmetic, geography, grammar, history of the United States, elements of physiology, vocal music, elements of book-keeping, and industrial drawing. [Amendment, approved April 7, 1880; Amendments 1880, 39 (Ban. ed. 143); took effect immediately.]

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Elements of physiology" and "elements of book-keeping" are added, and "physiology, 1666. Other studies.

natural philosophy, and natural history" are omitted: See Amendments 1873–4, 111.

SEC. 1666. Other studies may be authorized by the state board of education, or board of education of any county, city, or city and county; but no such studies can be pursued to the neglect or exclusion of the studies in the preceding section specified. [Amendment, approved April 7, 1880; Amendments 1880, 39 (Ban. ed. 143); took effect immediately.]

"County" is here added.

1667. Instruction in manners, etc.

SEC. 1667. Instruction must be given in all grades of schools, and in all classes, during the entire school course, in manners and morals.

1668. Physical exercise, etc.

SEC. 1668. Attention must be given to such physical exercises for the pupils as may be conducive to health and vigor of body as well as mind, and to the ventilation and temperature of school-rooms.

1669, 1670, 1671. Schools for negro and Indian children.

Sections 1669 to 1671, relating to schools for negro and Indian children, were repealed by act of April 7, 1880; Amendments 1880, 47 (Ban. ed. 152); took effect immediately.

SEC. 1669. The education of children of African descent, and Indian children, must be provided for in separate schools; provided, that if the directors or trustees fail to provide such separate schools, then such children must be admitted into the schools for white children: Amendment, approved March 28, 1874; Amend

ments 1873-4, 97; took effect from passage. The proviso was not in the original section.

SEC. 1670. Upon the written application of the parents or guardians of such ch..dren to any board of trustees or board of education, a separate school must be established for the education of such children.

SEC. 1671. The same laws, rules, and regu lations which apply to schools for white children apply to schools for colored children.

1672. Sectarian books and teachings prohibited.

SEC. 1672. No publication of a sectarian, partisan, or denominational character must be used or distributed in any school, or be made a part of any school library; nor must any sectarian or denominational doctrine be taught therein. Any school district, town, or city, the officers of which knowingly allow any schools to be taught in violation of these provisions, forfeits all right to any state or county apportionment of school moneys; and upon satisfactory evidence of such violation, the superintendent of public instruction and school superintendent must withhold both state and county apportionments.

Const. Cal., art. 9, sec. 8.

1673. Duration of daily sessions.

SEC. 1673. No school must be continued in session more than six hours a day; and no pupil under eight years of age must be kept in school more than four hours per day. Any violation of the provisions of this section must be treated in the same manner as a violation of the provisions of the preceding section.

1683. Pupils, how admitted.

ARTICLE XI.

PUPILS.

SEC. 1683. Pupils must be admitted into the schools in the order in which they apply to be registered.

1684. Must submit to regulations.

SEC. 1684. All pupils must comply with the regulations, pursue the required course of study, and submit to the authority of the teachers of such schools.

1685. Suspension and expulsion of.

SEC. 1685. Continued willful disobedience or open defiance of the authority of the teacher constitutes good cause for expulsion from school; and habitual profanity and vulgarity good cause for suspension from school.

1686. Defacing school property, liability for.

SEC. 1686. 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 pupils shall be liable for all damages. [Amendment, approved March 28, 1874; Amendments 1873-4, 112; took effect from passage.]

1687. Experienced teachers for beginners.

SEC. 1687. In cities having graded schools, beginners shall be taught, for the first two years, by teachers who have had at least four years' experience; and such teachers shall rank, in point of salary, with those of first grade.

An Act to enforce the educational rights of children.

Children to be sent to school.

[Approved March 28, 1874; 1873-4, 751.]

SECTION 1. Every parent, guardian, or other person in the state of California having control and charge of any child or children between the ages of eight and fourteen years shall be required to send any such child or children to a public school for a period of at least two thirds of the time during which a public school shall be taught in each city, or city and county, or school district, in each school year, commencing on the first day of July, in the year of our Lord eighteen hundred and seventy-four, at least twelve weeks of which shall be consecutive, unless such child or children are excused from such attendance by the board of education of the city, or city and county, or of the trustees of the school district in which such parents, guardians, or other persons reside, upon its being shown to their satisfaction that his or her bodily or mental condition has been such as to prevent attendance at school, or application to study for the period required, or that the parents or guardians are extremely poor or sick, or that such child or chiltaught in a private school, or at home, in such branches as are usually taught in the

dren are

primary schools of this state, or have already acquired a good knowledge of such branches; provided, in case a public school shall not be taught for three months during the year, within one mile by the nearest traveled road of the residence of any person within the school district, he shall not be liable to the provisions of this act.

Notice of law.

SEC. 2. It shall be the duty of the president of each board of education, and of the clerk of each board of district trustees, in the state of California, to cause to be posted three notices of this law in the most public places in the city, or city and county, or in the school district, or published in one newspaper therein for three weeks, in the month of June, in each year, the expense of each publication to be paid out of the school funds of such city, or city and county, or school district, as the case may require.

Misdemeanor.

SEC. 3. In case any parent, guardian, or other person shall fail to comply with the provisions of this act, said parent, guardian, or other person shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not more than twenty dollars; and for the second and each subsequent offense the fine shall not be less than twenty dollars nor more than fifty dollars; and the parent, guardian, or other person so convicted shall pay all costs. Each such fine shall be paid to the clerk of the proper board of education, or of the district trustees.

Prosecutions.

SEC. 4. And it shall be the duty of the clerk of each board of education and of each board of district trustees, on complaint of any teacher or tax-payer, to prosecute all offenses occurring under the provisions of this act; and any clerk neglecting to prosecute such offense within ten days after a written notice has been served on him by any teacher or tax-payer within the limits of the authority of said board, unless the person so complained of shall be excused by the proper school board, shall himself be liable to a fine of not less than twenty dollars nor more than fifty dollars, which fine shall be prosecuted for in the name of the people of the state of California, and the fine so collected shall be paid over to the clerk of the board of education or trustees of the proper city, or city and county, or school district, to be accounted for as in section three of this act; and in case such prosecution fail, the expenses thereof shall be paid out of the school fund of the city, or city and county, or school district, in which the case arose.

Lists and reports.

SEC. 5. And it shall be the duty of the census marshal to furnish each board of education and of district trustees with a complete list of all children living within the jurisdiction of Baid board, and to note on such lists all children not attending colleges, college schools, private schools, or being taught at home, who are liable to the provisions of this act; and each teacher teaching within the limits of the jurisdiction of such board shall be supplied with a list of all children within his or her department or school, and shall call such list each morning on the opening of school, and note the absentees, and the reason of such absence, if any, and at the close of each term of twelve weeks shall make a full report to the board of education, or of district trustees, of all such cases of absence, with the names both of children and parents, guardians, or other persons having such children in charge, and said board shall thereupon forthwith proceed to prosecute such parents, guardians, or other persons, according to the provisions

of this act.

Deaf, dumb, and blind.

SEC. 6. And whereas, the state has provided an institution for the gratuitous instruction of all resident deaf and dumb or blind children between the ages of six and twenty-one years, every parent or guardian of any child or children afflicted with deafness or blindness shall be required, under the penalties herein before specified, to send such child or children to said institution for a period of not less than five years, unless such child or children shall have been excused by the authorities, and on the grounds specified in section one of this act.

Jurisdiction.

SEC. 7. Any justice of the peace of the proper city, or city and county, or school district, shall have jurisdiction of all offenses committed under the provisions of this act.

SEC. 8. This act shall be in force and effect from and after the first day of July, 1874.

ARTICLE XII.

TEACHERS.

1696. General duties of teachers.

SEC. 1696. Every teacher in the public schools must:

1. Before assuming charge of a school, file his certificate with the county superintendent.

2. On taking charge of a school, or in closing a term of school, immediately notify the county superintendent of such fact.

3. Enforce the course of study, the use of text-books, and the rules and regulations prescribed for schools.

4. Hold pupils to a strict account for disorderly conduct on the way to and from school, on the play-grounds, or during recess; suspend, for good cause,

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