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cluded from white schools, and were not allowed a separate school.

The Legislature of 1870 repealed Section 58, and left the colored question as follows:

SEC. 56. The education of children of African descent, and Indian children, shall be provided for in separate schools. Upon the written application of the parents or guardians of at least ten such children, to any Board of Trustees or Board of Education, a separate school shall be established for the education of such children; and the education of a less number may be provided for by the trustees, in separate schools, in any other manner.

In 1872, the Code Commissioners modified the law, under a decision of the Supreme Court, and the Legislature adopted

it as follows:

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.

In 1872, the Board of Education of Oakland admitted their eight colored children into the schools; and, in 1875, the San Francisco Board abolished the separate school of seventy-five colored children, and admitted the pupils to the white schools.


The School Law of 1863-4 specified the studies to be pursued in the schools as follows: Arithmetic, Geography, Grammar, Reading, Writing, Spelling, History of the United States, Physiology, and such other studies as trustees might deem advisable.

The first "Course of Study for District Schools" was prepared by Superintendent Swett, and adopted by the State Board, June 8, 1866. At the same meeting, rules and regulations were also adopted.

This "Course of Study" was revised by the State Board in 1870, and again revised by Superintendent Bolander, and adopted by the Board in 1872.

In 1872, Drawing and Music were added to the list of regular school studies.


SECTION 1. Teachers are required to be present at their respective schoolrooms, and to open them for the admission of pupils at fifteen minutes before the time prescribed for commencing school, and to punctually observe the hours for opening and closing school.

SEC. 2. Unless otherwise provided by special action of trustees, or Boards of Education, the daily school sessions shall commence at nine o'clock a. M., and close at four o'clock P. M., with an intermission at noon of one hour, from twelve м. to one P. M. There shall be allowed a recess of twenty minutes in the forenoon session, from ten-forty to eleven o'clock, and a recess of twenty minutes in the afternoon session, from two-forty to three o'clock. When boys and girls are allowed separate recesses, fifteen minutes shall be allowed for each recess.

SEC. 3. In graded primary schools in which the average age of the pupils is under eight years, the daily sessions shall not exceed four hours a day, inclusive of the intermission at noon, and inclusive of the recesses. If such schools are opened at nine o'clock A. M., they shall be closed at two o'clock, P.M. In ungraded schools, all children under eight years of age shall either be dismissed after a four hours' session, or allowed recesses for play of such length that the actual confinement in the schoolroom shall not exceed three hours and a half.

SEC. 4. No pupil shall be detained in school during the intermission at noon, and a pupil detained at any recess shall be permitted to go out immediately thereafter. All pupils, except those detained for punishment, shall be required to pass out of the schoolrooms at recess, unless it would occasion an exposure of health.

SEC. 5. Principals shall be held responsible for the general management and discipline of schools; and the other teachers shall follow their directions and co-operate with them, not only during the school hours, but during the time when the pupils are on the school premises, before and after school, and during recesses. Assistants shall be held responsible for the order and discipline of their own rooms, under the general direction of the Principals.

SEC. 6. Teachers are particularly enjoined to devote their time faithfully to a vigilant and watchful care over the conduct and habits of the pupils during the time for relaxation and play, before and after school, and during the recesses, both in the school buildings and on the playgrounds.

SEC. 7. It is expected that teachers will exercise a general inspection over the conduct of scholars going to and returning from school. They shall exert their influence to prevent all quarreling and disagreement, all rude and noisy behavior in the street, all vulgar and profane language, all improper games, and all disrespect to citizens and strangers.

SEC. 8. Teachers shall prescribe such rules for the use of the yards, basements, and outbuildings connected with the schoolhouse, as shall insure their being kept in a neat and proper condition, and

shall examine them as often as may be necessary for such purpose. Teachers shall be held responsible for any want of neatness or cleanliness about their school premises.

SEC. 9. Teachers shall give vigilant attention to the ventilation and temperature of their schoolrooms. At each recess the windows and doors shall be opened for the purpose of changing the atmosphere of the room. Teachers are cautioned against hot fires and a high


SEC. 10. Teachers shall enter in the school registers, in the order of their application, the names of all those applying for admission to the school, after the prescribed number of pupils have been received. Such applicants shall be admitted to seats whenever a vacancy occurs in any class for which they have been found duly qualified, in the order of their registration.

SEC. 11. Teachers are authorized to require excuses from the parents or guardians of pupils, either in person or by written note, in all cases of absence or tardiness, or of dismissal before the close of school.

SEC. 12. No pupil shall be allowed to retain connection with any public school unless furnished with books, slate, and other utensils required to be used in the class to which he belongs; provided, that no pupil shall be excluded for such cause, unless the parent or guardian shall have been furnished by the teacher with a list of books, or articles needed, and one week shall have elapsed after such notice without the pupil's obtaining said books. Books may be furnished to indigent children by the trustees, at the expense of the district, whenever the teacher shall have certified in writing that the pupil applying is unable to purchase such books.

SEC. 13. Any pupil who shall in any way cut or otherwise injure any schoolhouse, or injure any fences, trees, or outbuildings, belonging to any of the school estates, or shall write any profane or obscene language, or make any obscene characters or pictures on any school premises, shall be liable to suspension, expulsion, or other punishment, according to the nature of the offense. The teacher may suspend a pupil temporarily for such offense, and shall notify the trustees of such action. Pupils shall not be allowed to remain in any of the rooms that are provided with improved styles of furniture, except in the presence of a teacher or a monitor, who is made specially responsible for the care of the seats and desks. All damages done to school property by any of the pupils shall be repaired at the expense of the party committing the trespass.

SEC. 14. All pupils who go to school without proper attention having been given to personal cleanliness, or neatness of dress, shall be sent home to be properly prepared for school, or shall be required to prepare themselves for the schoolroom before entering. Every schoolroom shall be provided with a wash-basin, soap, and towels. SEC. 15. No pupils affected with any contagious disease shall be allowed to remain in any of the public schools.

SEC. 16. The books used, and the studies pursued, shall be such, and such only, as may be authorized by the State Board of Education; and no teacher shall require or advise any of the pupils to

purchase, for use in the schools, any book not contained in the list of books directed and authorized to be used in the schools.

SEC. 17. It shall be the duty of the teachers of the schools to read to the pupils, from time to time, so much of the school regulations as apply to them, that they may have a clear understanding of the rules by which they are governed.

SEC. 18. In all primary schools, exercises in free gymnastics, and vocal and breathing exercises, shall be given at least twice a day, and for a time not less than five minutes for each exercise.

SEC. 19. The following supplies shall be provided by the District Clerk, under the provisions of section forty-six of the Revised School Law, on the written requisition of the teacher, viz: clocks, brooms, dusting-brushes, wash-basins, water-buckets, tin cups, dust - pans, matches, ink, ink-bottles, pens, penholders, slate pencils, crayon chalk, hand-bells, coal-buckets or wood-boxes, shovels, pokers, soap, towels, thermometers, door-mats, scrapers, and stationery.

SEC. 20. Trustees are authorized and recommended to employ a suitable person to sweep and take care of the schoolhouse, and to make suitable provision for supplying the school with water.


1. Every pupil is expected to attend school punctually and regularly; to conform to the regulations of the school, and to obey promptly all the directions of the teacher; to observe good order, and propriety of deportment; to be diligent in study, respectful to teachers, and kind and obliging to schoolmates; to refrain entirely from the use of profane and vulgar language, and to be clean and neat in person and clothing.

2. Pupils are required, in all cases of absence, to bring, on their return to school, an excuse in writing, from their parents or guardians, assigning good and sufficient reasons for such absence.

3. All pupils who have fallen behind their grade, by absence or irregularity of attendance, by indolence or inattention, shall be placed in the grade below, at the discretion of the teacher.

4. No pupil shall be permitted to leave school at recess, or at any other time before the regular hour for closing school, except in case of sickness; or on written request of parent or guardian.

5. Any scholar who shall be absent one week, without giving notice to the teacher, shall lose all claim to his particular desk for the remainder of the term, and shall not be considered a member of the school.

6. Each scholar shall have a particular desk, and shall keep the same, and the floor beneath, in a neat and orderly condition.


1. Teachers will endeavor to make themselves acquainted with parents and guardians, in order to secure their aid and co-operation, and to better understand the temperaments, characteristics, and wants of the children.

2. Teachers shall daily examine the lessons of their various classes, and make such special preparation upon them, if necessary, as not to be constantly confined to the text-book, and instruct all their

pupils, without partiality, in those branches of school studies which their various classes may be pursuing. In all their intercourse with their scholars, they are required to strive to impress on their minds, both by precept and example, the great importance of continued efforts for improvement in morals, and manners, and deportment, as well as in useful learning.

3. Teachers should explain each new lesson assigned, if necessary, by familiar remarks and illustrations, that every pupil may know, before he is sent to his seat, what he is expected to do at the next recitation, and how it is to be done.

4. Teachers should only use the text-book for occasional reference, and should not permit it to be taken to the recitation, to be referred to by the pupils, except in case of such exercises as absolutely require it. They should assign many questions of their own preparing, involving an application of what the pupils have learned, to the business of life.

5. Teachers should endeavor to arouse and fix the attention of the whole class, and to occupy and bring into action as many of the faculties of their pupils as possible. They should never proceed with the recitation without the attention of the whole class, nor go round the class with recitation always in the same order, or in regular rotation.

6. Teachers should at all times exhibit proper animation themselves, manifesting a lively interest in the subject taught, avoid all heavy, plodding movements, all formal routine in teaching, lest the pupil be dull and drowsy, and imbibe the notion he studies only to recite.


At the State Teachers' Institute, May, 1863, it was voted to begin the publication of a monthly educational journal.

John Swett and Samuel I. C. Swezey were elected managing editors, and the first number of the California Teacher was issued July, 1863.

At the succeeding session of the Legislature, 1863-4, a law was passed, authorizing county superintendents to subscribe for a number of copies, at $1 a copy, to supply each Board of School Trustees with one copy.

In 1864-5, a provision was made in the Revised School Law, authorizing the State Board of Education to subscribe for a number of copies, sufficient to supply the clerk of each board of trustees, and each school library, with a copy of some edu

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