public school district library in the county or city and county in which he is superintendent, and payment therefor shall be made by him by drawing his requisition without the order of the board of school trustees against the library funds of the respective districts in his county or city and county for the cost and remitting the same to the official who has charge of the sale of State school text-books. In cities where the city school superintendent or city board of education is accustomed to draw requisitions upon the library funds, it is hereby made the duty of such superintendents or boards of education to order and pay for copies of books of the State series for their school libraries as hereby provided in lieu of the county superintendents.

Instruction shall be given in the following subjects in the primary and grammar schools of the State in the several grades in which they may be required, viz: Reading, writing, orthography, language lessons and English grammar, arithmetic, geography, history of the United States, elements of physiology and hygiene, vocal music, elementary bookkeeping, drawing, nature study, and civil government; and it shall be the duty of the said text-book committee to revise such of the books of the present State series or publish such new ones in any of the above-mentioned subjects as may be necessary for the proper study and teaching of them, and for the purposes of compilation and publication may make use of any copyright matter deemed suitable, and may purchase or hire plates, maps, or engravings of such copyright matter, may contract and arrange for the payment of royalties, and shall designate such book or books, when published, as belonging to and forming a part of the State series of school textbooks, subject to the approval of the State board of education.

The said text-book committee shall elect a secretary, who shall be a person of recognized educational ability and experience, who shall be provided with an office at the State capitol, in Sacramento, in connection with that of the superintendent of public instruction, and who shall keep the books, accounts, and all records of the said committee and perform such other duties as may from time to time be required of said secretary by said committee. Said secretary shall hold office at the pleasure of the committee and shall receive a salary of $165 per month, payable monthly in the same manner and from the same fund as the salaries of State officers are paid.

The said text-book committee may secure copyrights in the name of the people of the State of California to any book that may be compiled under this act, and whenever any one or more of the State school text-books shall have been compiled, published, and adopted, the superintendent of public instruction shall issue an order to all county and city and county boards of education by sending notice by registered mail to the secretaries of all such boards requiring the uniform use of said book or books in all the primary and grammar schools of this State, and when said order shall have thus been given and published, the same shall remain in force and effect for a term of not less than four nor more than eight years: Provided, That said order for the uniform use of said book or books shall not take effect until the expiration of at least one year from the time of the completion, purchase or the leasing of the electrotype plates of said book or books; but nothing in this act shall be construed to prevent any county, city, or city and county from adopting any one or more of the State series of school text-books whenever said book or books shall have been published and is ready for distribution: Provided further, That whenever any plates, maps, or engravings of any publisher or author are adopted for use as hereinbefore provided, the State text-book committee shall enter into a contract for not less than four nor more than eight years for the use of the same, and shall require a good and sufficient bond of the owner of such plates, maps, or engravings, guaranteeing that the same shall be kept revised and up to date, as may be required by the State board of education.

Any county, city and county, city or school district that refuses or neglects to use the State series of school text-books in the grades and in the subjects for which they are intended and at the time required in the foregoing subdivisions of this act must, upon satisfactory proof of such refusal or neglect, have the State money to which it is otherwise entitled withheld from it by the superintendent of public instruction.

The superintendent of State printing shall have the supervision of all mechanical work connected with the printing and publishing of such books as may be compiled and adopted by said text-book committee and approved by the State board of education; and all such printing and binding shall be done in the State printing office. The superintendent of State printing shall

annually on the 1st day of July, and oftener, if requested, submit to the said text-book committee a detailed statement showing the number and name of books of the State series published by him during each year.

Whenever any book authorized to be published under this act is ready for sale or delivery to pupils, the State printer shall submit to the said State text-book committee, and it in turn to the State board of education, an itemized statement showing the exact cost of the material, printing, binding, and finishing of such book in editions of 5,000 or more, and the State board of education shall thereupon determine and fix the price of such book, as required by law, by adding to the cost of manufacturing the price contracted to be paid as royalty, or for the use of the plates, maps, or engravings of the copyright matter therein contained, and said price shall be deemed to be the whole cost of publication of such book at Sacramento. The amount fixed for royalty or cost of plates of copyright matter shall, as the books are sold, be kept separate from other proceeds from the sale of State school text-books and deposited in the State treasury to the credit of a fund to be designated and known as the text-book royalty fund," the same to be paid out quarterly or semiannually, as may be agreed between the owners of copyright matter and said text-book committee, on the order of the said State text-book committee, in payment of royalties or hire of plates, maps, or engravings of copyright matter in the same manner as other claims upon the State treasurer are paid.

46

The sum of $20,000 is hereby appropriated, out of any money in the State treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act. Said appropriation, which shall be known as the "text-book appropriation," shall be subject to the drafts of the said text-book committee for all the expenses incurred by it, except the salary of the secretary, which is otherwise provided for in this act: Provided, That all claims shall be presented to the State board of examiners for their approval; said appropriation shall be subject to the drafts of the said committee for all moneys needed for the payment of royalties, for the purchase or hire of such plates, maps, or engravings that may be necessary but which can not be arranged to be paid for as provided in subdivision seventh hereof, for expert opinions as provided for in subdivision 9 of this act, for printing, stationery, postage, and expressage that will be required by said committee, and for manufacturing any edition of any book of the State series now in use or which may hereafter be adopted for use in the primary and grammar schools. It is provided that all moneys that have been received or that may hereafter be received from the sales of State series of school text-books, except that which is received in payment of royalties and provided in this act to be deposited to the credit of the text-book royalty fund, shall be kept by the State treasurer as a separate and distinct fund, to be known as the State school-book fund," which fund shall be subject to the drafts of the said text-book committee for all expenses incurred by the superintendent of State printing for all material, labor, and other expenses necessary in the mechanical work of printing and publishing State school text-books; all claims to be drawn after being certified to by the superintendent of State printing, as provided in subdivision 4 of section 526 of the Political Code: Provided, That all demands on the State school-book fund shall be presented to the State board of examiners in itemized form for their approval; and upon the approval of the State board of examiners, the State controller is hereby authorized and directed to draw his warrant, and the State treasurer is hereby authorized and directed to pay the same, in conformity with the provision of this section.

Before selecting any text-book matter to be used in the compilation or revision of a State school text-book, the said committee may, subject to the approval of the State board of education, secure one or more educational experts to examine and give their opinions on the merits of any book or books or parts of a book that may be taken under consideration, and the claims for payment of such expert service shall be paid in like manner as other claims are paid out of the State text-book appropriation: Provided, That the expense of such expert examination and opinion shall not exceed the sum of $200 for any one book that may be adopted and published as a book of the State series.

Buildings. The board of trustees of any school district may, when in their judgment it is advisable and on petition of the majority of the heads of families, call an election concerning the issuance of bonds for the purpose of providing one or more schoolhouses. The clerk of each district must, under the direction of the board of trustees, provide all school supplies authorized by law,

ED 1904 M- -18

keep the schoolhouse in repair during the time school is taught, and exercise a general care and supervision over the school premises and school property during the vacations of the schools.

4. FINANCES.

Funds (permanent or special) --Taration.

Funds (permanent or special). The proceeds of all lands that have been or may be granted by the United States to this State for the support of common schools which may be or may have been sold or disposed of, and the 500,000 acres of land granted to the new States under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent as may be granted or may have been granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands and such other means as the legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State. The public school system shall include primary and grammar schools and such high schools, evening schools, normal schools, and technical schools as may be established by the legislature or by municipal or district authority; but the entire revenue derived from the State school fund and the State school tax shall be applied exclusively to the support of primary and grammar schools.

Taxation. The county superintendent of each county having a population of fewer than 340,000 must, on or before the first regular meeting of the board of supervisors, hand in an estimate of the minimum amount of county school fund needed during the year. This amount he must compute as follows: He must calculate 1 teacher for every 70 school census children or fraction thereof not smaller than 20, and then he must calculate the amount required to be raised at $500 per teacher. From this amount he must deduct the total amount of State apportionment and the remainder shall be the minimum amount of county school fund needed for the ensuing year: Provided, That if this amount is less than sufficient to raise a sum equal to $6 for each census child in the county, then the minimum amount shall be such a sum as will be equal to $6 for each census child in the county.

The board of supervisors of each county having fewer than 340,000 inhabitants must annually levy a tax to be known as the county school tax, the maximum rate of which must not exceed 50 cents on each $100 of taxable property in the county nor the minimum rate be less than sufficient to raise a minimum amount reported by the county superintendent. The minimum rate must be determined as follows: The supervisors must deduct 15 per cent from the equalized value of the last general assessment roll, and the amount required to be raised, divided by the remainder of the assessment roll, is the rate to be levied; but if any fraction of a cent occur, it must be taken as a full cent on each $100. If the county supervisors fail to levy the tax the auditor must, and all money derived from this tax must be paid into the county treasury to the credit of the school fund.

All State school moneys apportioned by the superintendent of public instruction must be apportioned to the several counties in proportion to the number of school census children, as shown by the returns of the school census marshals of the preceding school year: Provided, That Indian children whose parents are on Government reservations, or are living in the tribal relation, and Mongolian children not native born, shall not be included in the apportionment list. The superintendent of schools in each county must apportion all State and county school moneys as follows:

He must ascertain the number of teachers each district is entitled to by calculating 1 teacher for every 70 school census children, or fraction of such number not less than 20 school census children, as shown by the next preceding school census; and in cities or districts wherein separate classes are established for the instruction of the deaf, as provided in section 1618 of this code, an additional teacher for each 9 deaf children, or fraction of such number not less than five, actually attending such classes: Provided, That all children in any asylum and not attending the public schools of whom the authorities of said asylum are the guardians shall not be included in making the estimate of the number of teachers to which the district in which the asylum is located is entitled.

He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several districts.

Five hundred dollars shall be apportioned to each district for every teacher assigned to it: Provided, That to districts having 10 and less than 20 school census children shall be apportioned $400: Provided further, That to districts having over 70 school census children, and a fraction of less than 20, there shall be apportioned $20 for each census child in said fraction.

All school money remaining on hand after apportioning to the districts the moneys provided for in subdivision three of this section must be apportioned to the several districts in proportion to the average daily attendance in each district during the preceding school year. Census children, wherever mentioned in this chapter, shall be construed to mean those between the ages of 5 and 17 years.

Whenever in any school year, prior to the receipt by the counties, cities, or cities and counties of this State, of their State, county, or city school fund, the school districts or cities shall not have sufficient money to their credit to pay the lawful demands against them, the county, city, or city and county superintendent shall give the treasurer of said county, city, or city and county an estimate of the amount of school money that will next be paid into the county, city, or city and county treasury, stating the amount to be apportioned to each district. Upon the receipt of such estimate, it shall be the duty of the treasurer of said county, city, or city and county to transfer from any fund not immediately needed to pay claims against it, to the proper school fund, an amount not to exceed 90 per cent of the amount estimated by the superintendent, and he shall immediately notify the superintendent of the amount so transferred. The funds so transferred to the school fund shall be retransferred by the treasurer to the fund from which they were taken from the first money paid into the school fund after the transfer.

No school district, except one newly formed, is entitled to receive any apportionment of State or county school moneys which has not maintained a public 'school for at least six months during the next preceding school year. A district which is prevented by fire, flood, or prevailing epidemic from maintaining a school for the length of time designated in this section is nevertheless entitled to its apportionment of State and county school moneys.

No school district is entitled to receive any apportionment of State or county school moneys unless the teachers employed in the schools of such district hold legal certificates of fitness for teaching in full force and effect.

The State school fund must be used for no other purpose than the payment of the salaries of teachers of primary and grammar schools.

The board of school trustees of any district may, prior to the 15th day of August in any year, when in their judgment it is advisable, call an election and submit to the electors of the district the question whether a tax shall be raised to furnish additional school facilities for the district, or to maintain any school in such district, or for building one or more schoolhouses, or for any two or all of these purposes: Provided, That where a tax has been collected for the purpose of building a schoolhouse, and the erection of such schoolhouse shall not have been commenced within two years from the time said tax was collected, the custodian of said money shall return the same to the parties from whom said tax was collected. The board of supervisors must, at the time of levying county taxes, levy the tax voted by the district; but the amount of tax levied by a district in any one year for building purposes must not exceed 75 cents on each $100, and the maximum rate levied for other school purposes must not exceed 30 cents on each $100 for any one year.

State high school fund. There is hereby levied annually for the fifty-fifth and fifty-sixth fiscal years, ending respectively June 30, 1904, and June 30, 1905, an ad valorem tax of 14 cents upon every hundred dollars of the value of the taxable property of the State, which tax shall be collected by the several officers charged with the collection of State taxes, in the same manner and at the same time as other State taxes are collected, upon all and any class of property, which tax is for the support of regularly established high schools of the State. And it is further enacted that, beginning with the fifty-seventh fiscal year, to wit, July 1, 1906, it shall be the duty of the State controller, annually, between the 10th day of August and the 1st day of September, at the time that he is required to estimate the amount necessary for other school taxes, to estimate the amount necessary to be levied for the support of high schools. This amount he shall estimate by determining the amount required at $15 per pupil in average daily attendance in all the duly established high schools of the State

for the last preceding school year, as certified to him by the State superintendent of public instruction. This amount the State controller, between the dates above given, must certify to the State board of equalization.

The money in said State high school fund shall be apportioned to the high schools of the State by the State superintendent of public instruction in the following manner: He shall apportion one-third of the annual amount among the county, district, city, union, or joint union high schools of the State, irrespective of the number of pupils enrolled or in average daily attendance therein, except as hereinafter provided; the remaining two-thirds of the annual amount he shall apportion among such schools pro rata upon the basis of average daily attendance as shown by the official reports of the county or city and county school superintendents for the last preceding school year: Provided, That such high schools have been organized under the law of the State, or have been recognized as existing under the high school laws of the State and have maintained the grade of instruction required by law of the high schools: And provided, That no school shall be eligible to a share of said State high school fund that has not during the last preceding school year employed at least two regularly certificated high school teachers for a period of not less than one hundred and eighty days with not less than 20 pupils in average daily attendance for such length of time, except in newly established high schools wherein the minimum average daily attendance for the first year of one hundred and eighty days may be but 12 pupils and but 1 teacher: And provided, That before receiving State aid each school shall furnish satisfactory evidence to the superintendent of public instruction of the possession of a reasonably good equipment of building, laboratory, and library, and of having maintained, the preceding school year, proper high school instruction for a term of at least one hundred and eighty days: Provided further, That the foregoing provisions relating to the average daily attendance and the number of teachers employed shall not operate to disqualify any legally established high school existing at the date of the passage of this act from receiving a share of said State high school fund until July 1, 1904.

COLORADO.

1. ORGANIZATION OF THE SYSTEM.

State board of education-State board of examiners-State superintendent— County superintendent-District board-Truant officers.

State board of education.-The superintendent of public instruction, the secretary of state, and the attorney-general shall constitute the State board of education, of which the superintendent of public instruction shall be president. The board shall have power to adopt any rules and regulations not inconsistent with law for its own government and for the government of public schools. It may grant State diplomas and issue normal institute certificates. (See Teachers—Qualifications.)

State board of examiners.-(See Teachers-Appointment, qualifications, and duties.)

State superintendent.--There shall be elected every two years a State superintendent of public instruction, whose salary shall be $3,000 a year, and who shall give bond in the sum of $5,000 with sureties. He shall have an office at the seat of government, where he shall keep the records of his office. He shall decide all points touching the construction of the school law, prepare lists of questions for the use of county superintendents at examinations of teachers, have general supervision of all the county superintendents and of the public schools of the State, prepare and distribute all necessary blanks and blank books, to be charged to the counties at cost; report to the governor concerning the condition of the public schools, the amount of the State school fund apportioned and sources from which derived, with such suggestions and recommendations relating to the affairs of his office as he may think proper to communicate. He shall visit annually such counties as most need his personal attendance, and all counties, if practicable; he shall deliver educational addresses, and shall open a correspondence to enable him to obtain all necessary information relating to the system of public schools in other States. For traveling expenses he shall receive not more than $500, and the incidental expenses of his office shall be paid in the same manner as are those of other