1861. State school fund, how used.

SEC. 1861. The state school fund, excepting as otherwise provided in this chapter, must be used for no other purpose than the payment of teachers of primary and grammar schools. [Amendment, approved April 7, 1880; Amendments 1880, 45 (Ban. ed. 150); took effect immediately.]

ARTICLE XXI.

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC SCHOOLS.

1867. Insulting or abusing teacher, when a misdemeanor

SEC. 1867. Any parent, guardian, or other person who shall insult or abuse any teacher in the presence of the school shall be guilty of a misdemeanor, and be liable to a fine of not less than ten nor exceeding one hundred dollars. [New section, approved March 28, 1874; Amendments 1873-4, 100; took effect from passage.]

See Penal Code, sec. 654.

1868. Disturbing public school, a misdemeanor.

SEC. 1868. Any person who shall willfully disturb any public school, or any public school meeting, shall be guilty of a misdemeanor, and liable to a fine of not less than ten nor more than one hundred dollars. [New section, approved March 28, 1874; Amendments 1873-4, 110; took effect from passage.].

1869. Issuance of certificate or diploma otherwise than as provided, a misdemeanor. SEO. 1869. Any state, county, or city, or city and county superintendent, or any state, county, or city, or city and county board of education, who shall issue a certificate or diploma except as provided for in this title shall be guilty of a misdemeanor. [Amendment, approved April 7, 1880; Amendments 1880, 45 (Ban. ed. 150); took effect immediately.]

1870. School officers and teachers prohibited from acting as agent, etc.

SEC. 1870. No officer named in this title, or teacher in any public school held under the provisions of this title, must act as agent for any author, publisher, bookseller, or other person, to introduce any book, apparatus, furniture, or any other article whatever, in the common schools of this state, or any one or more of them, or directly or indirectly contract for or receive any gift or reward for so introducing or recommending the same; and any officer so acting or receiving must be deemed guilty of a misdemeanor, and on conviction, be punished by fine or imprisonment, and be removed from office. [New section, approved March 13, 1874; Amendments 1873-4, 85; took effect from passage.]

1871. Evidence of character.

SEC. 1871. Certificates shall be issued to such persons only as shall have given evidence of good moral character. [Amendment, approved April 7, 1880; Amendments 1880, 46 (Ban. ed. 150); took effect immediately.]

1872. Appeals from orders revoking certificates or diplomas.

Section 1872, relating to appeals from orders by act of April 7, 1880; Amendments 1880, 48 revoking certificates or diplomas, was repealed (Ban. ed. 152); took effect immediately.

1873. School officers may administer oaths.

SEC. 1873. Every officer charged with the performance of duties under the provisions of this chapter may administer and certify oaths relating to offices or official matters concerning public schools.

1874. Books adopted to continue in force four years.

SEC. 1874. In the adoption of text-books, all county, city, and city and county boards of education shall be governed by the following rules:

1. Any books hereafter adopted as part of a uniform series of text-books must be continued in use for not less than four years.

2. No change of text-books must be made at any other time than in the months of May or June of the year in which the change is made, and no changes shall be made to take effect until the beginning of the school term commencing after the thirtieth day of June of that year.

3. At least sixty days' notice of any proposed change in text-books must be given by publication in a newspaper of general circulation published in the county, if there be one, in which such change is to be made. If there be no newspaper published in the county, then such publication shall be made in any newspaper having a general circulation in the county. A copy of the newspaper containing such publication, with such notice marked, must immediately after the first publication thereof be by the secretary of the board transmitted to the state board of education, and the same, when received, must be filed by the secretary of said state board. Said notice shall state what text-books it is proposed to change; that sealed bids or proposals will be received by the board for furnishing books to replace them; the place where, and the day and the hour when, all bids or proposals will be opened, and that the board reserves the right to reject any and all bids or proposals. Said notice shall be published in such newspaper as often as the same shall be issued after the first publication thereof; provided, that in the year eighteen hundred and eighty only fifteen days' notice need be given.

4. At the time and place specified in said notice the board shall meet and publicly open and read all of the bids or proposals which have been received by them, and shall make their award thereon within ten days thereafter.

5. Said bids or proposals must be accompanied by sample copies of the books proposed to be furnished, together with a statement of the wholesale and retail price at which the publisher agrees to furnish each book within the county or at San Francisco, during the full time for which said books are to be adopted.

6. If no satisfactory bids or proposals are received, then the books already in use may continue in use until changed, as herein provided.

7. The publisher or publishers whose proposals shall be accepted, must enter into a written contract with the board of education making the award, and shall give a good and sufficient bond in a reasonable sum, to be fixed by the board of education, for the faithful performance thereof. Publishers of books already in use may bid under the provisions of this section as well as others, and such bids, if satisfactory, may be accepted by the board. [Amendment, approved April 7, 1880; Amendments 1880, 46 (Ban. ed. 150); took effect immediately.]

An act to prevent changes in the text-books in use in the public schools, approved December 13. 1875, 1875-6, 1, was repealed by act of April 12, 1880; 1880, 42, Ban. ed. 204; took effect immediately.

Subdivision 1 conforms to Const. Cal., art. 9, sec. 7. Subdivision 3 in the original section

required a notice of six months to be given. This notice must be an official notice, directed by the board of supervisors to be published pursuant to the act: People v. State Board of Education, 49 Cal. 684.

See statute for state publication of textbooks, sec. 1521, ante.

1875. Penalties for neglect to use the books adopted.

SEC. 1875. If any city or district refuse or neglect to use the books that may be prescribed, or use any other text-books in any of the prescribed studies,

the superintendent of public instruction must withhold from such city, town, or district twenty-five per cent of all state school moneys to which it may be entitled until it comply; and any moneys so withheld must be apportioned by the superintendent at the next annual apportionment in the same manner as other school moneys in the treasury.

1876. Certain persons not to be interested in contracts.

SEC. 1876. No school trustee or member of any board of education must be interested in any contract made by the board of which he is a member; and any contract made in violation of this provision is void.

1877. Printing and binding, by whom to be done.

SEC. 1877. All printing or binding required under this chapter must be executed by the state printer in the form and manner and at the prices of other state printing, and be paid for in like manner.

1878. School year, commencement of.

SEC. 1878. The school year begins on the first day of July, and ends on the last day of June.

statute; but it has been pruned of redundant matter and logically arranged."

"This chapter" say the commissioners "is founded upon Stat. 1870, 1824. Slight changes have been made in the subject-matter of that 1879. Bribing members of board of education.

SEC. 1879. The offering of any valuable thing to any member of a board of education, with the intent thereby to influence his action in regard to the granting of any teacher's certificate, the appointment of any teacher, superintendent, or other officer or employee, the adoption of any text-book, or the making of any contract to which the board of education of which he is a member shall be a party, or the acceptance by any member of a board of education of any valuable thing, with corrupt intent, shall be a felony, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the penitentiary not exceeding one year, or by both such fine and imprisonment; and the person so convicted shall be forever disqualified from holding any office of trust or profit in this state. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with any offense described in this section, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony. Any contract or appointment obtained from a board of education by corrupt means shall be void. Any county board of supervisors, or any city council, or any duly authorized committee thereof, may investigate the conduct of any member of a county, or city, or city and county board of education, or school officer, or employee, who may be charged with malfeasance in office, and in such capacity shall be entitled to the process of the courts to compel the attendance of witnesses, and the officer who shall preside at such investigation shall have power to administer all necessary oaths. [New section, approved April 7, 1880; Amendments 1880, 47 (Ban. ed. 151); took effect immediately.] An Act to protect the school districts of this state from injury during the year eighteen hundred and eighty, by the operation of section twelve of article thirteen of the constitution. [Approved April 15, 1880; 1880, 75 (Ban. ed. 261).]

This act declared that school districts should not forfeit their school funds prior to June 30, 1880, by reason of any change in the mode of

payment of the funds, and provided for the payment of teachers' salaries until June 30, 1880.

1880. Bonds for school-house building. SEC. 1880. The board of trustees of any school district may, when in their judgment it is advisable, call an election, and submit to the electors of the district whether bonds of such district shall be issued and sold for the purpose of raising money for purchasing school lots, and for building or purchasing one or more school-houses in such district, and furnishing the same, and for liquidating the indebtedness for school-houses already erected. [Amendment, approved February 26, 1885; took effect immediately.]

1881. Notice for election, how given.

SEC. 1881. Such election must be called by posting notices, signed by the board, in three of the most public places in the district, for not less than twenty days before the election; and if there is a newspaper published in the county, by publishing such notice therein not less than once a week for three successive weeks. New section, approved March 7, 1881; Statutes and Amendments 1881, 62; took effect immediately.]

This and the subsequent sections of this article are new, and were added by the act of 1882. What to contain.

SEC. 1882. Such notice must contain:

March, 7, 1881, above referred to, going into effect immediately.

1. The time and place of holding such election;

2. The names of three judges to conduct the same;

3. The hours during the day (not less than six hours) in which the polls will be open;

4. The amount and denomination of the bonds; the rate of interest, and the number of years, not exceeding ten, the whole or any part of said bonds are to run.

See note to sec. 1881.

1883. Election, how held.

SEC. 1883. Such election shall be held, except as otherwise provided in this act, in conformity with sections eighteen hundred and thirty-three, eighteen hundred and thirty-four, and eighteen hundred and thirty-five of the Political Code, excepting the words to appear upon the ballots, which shall be "bonds -yes," or "bonds-no."

See note to sec. 1881.

1884. Returns, when and how canvassed.

SEC. 1884. On the seventh day after said election, at one o'clock P. M., the returns having been made to the board of trustees, the board must meet and canvass said returns, and if it appears that two thirds of the votes cast at said election was in favor of issuing such bonds, then the board shall cause an entry of that fact to be made upon its minutes, and shall certify to the board of supervisors of the county all the proceedings had in the premises, and thereupon said board of supervisors shall be and they are hereby authorized and directed to issue the bonds of such district, to the number and amount provided in such proceedings, payable out of the building fund of such district, naming the same, and that the money shall be raised by taxation upon the taxable property in said district for the redemption of said bonds, and the payment of the interest thereon; provided, that the total amount of bonds so issued shall not exceed five per cent of the taxable property of the district, as shown by the last equalized assessment book of the county.

See note to sec. 1881.

1885. Form of bonds, when payable.

SEC. 1885. The board of supervisors, by an order entered upon its minutes, shall prescribe the form of said bonds, and of the interest coupons attached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall not be more than ten years from the date thereof. See note to sec. 1881.

1886. Interest, when payable.

SEC. 1886. Said bonds must not bear a greater amount of interest than eight per cent; said interest to be payable annually, and said bonds must be sold in the manner prescribed by the board of supervisors, but for not less than par, and the proceeds of the sale thereof must be deposited in the county treasury to the credit of the building fund of said school district, and be drawn out for the purpose aforesaid, as other school moneys are drawn out.

See note to sec. 1881.

1887. Tax, when to be levied.

SEC. 1887. The board of supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such district, for the interest and redemption of said bonds, and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annually, for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon; and during the balance of the term high enough to pay such annual interest, and to pay, annually, a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and all moneys so levied when collected shall be paid into the county treasury to the credit of the building fund of such district, and be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and interest on said bonds shall be paid by the county treasurer, upon the warrant of the auditor, out of the fund provided therefor; and it shall be the duty of the auditor to cancel and file with the treasurer the bonds and coupons as rapidly as they are paid.

See note to sec. 1881.

1888. Failure to levy tax, how remedied.

SEO. 1888. If the board of supervisors of any county, which has issued bonds under the provisions of this act, shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner may file the bond, together with all unpaid coupons, with the state controller, taking his receipt therefor, and the same shall be registered in the state controller's office; and the state board of equalization shall, at their next session, and at each annual equalization thereafter, add to the state tax to be levied in said district, a sufficient rate to realize the amount of principal or interest past due prior to next levy, and the same shall be levied and collected as a part of the state tax, and paid into the state treasury, and passed to the special credit of such district bond tax, and shall be paid by warrants, as the payments mature, to the holder of such registered obligations as shown by the register in the office of the state controller, until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said district.

See note to sec. 1881.