JOURNAL OF EDUCATION.

ESTABLISHED 1852.

OLD SERIES: GOLDEN ERA, VOL. XLVI.

SAN FRANCISCO: JULY, 1900.

NEW SERIES: VOL. V
NUMBER 2.

PERMITTING THE

A Proposed Act

CONSOLIDATION OF RURAL SCHOOLS TO FORM UNION ELEMENTARY SCHOOLS AND ALSO PERMITTING OF RURAL SCHOOL SUPERVISION AND TRANSPORTATION OF PUPILS.

SUBMITTED BY ELLWOOD P. CUBBERLEY, LELAND STANFORD JR. UNIVERSITY.

This act was submitted, on behalf of the sub-committee, to the meeting of the California Educational Commission in San Francisco, on April 12, 1900, and was indorsed by that body. It is now respectfully submitted to the County and City Superintendents and the school men of California for their consideration.

The present law for the distribution of school money to districts has been a most beneficial one, in that it insures sufficient funds to each district, however isolated or sparsely settled the district may be, to secure a good teacher and to maintain an eight months' school each year. In the more thickly settled communities, however, it has led to the multiplication of small districts, and each of these small districts attempts to cover a nine years' course of study. There is a general feeling that many of these districts could be united with advantage, forming union schools with two or more teachers, thus specializing the work much more than at present and securing the many advantages of better grading, teaching, and supervision; but, altho section 1577 permits of the union of two or more contiguous districts at any time, such union is impossible unless some means can be devised whereby more money can be secured to the united districts than is possible under the present laws. A consideration of a number of different plans led to the conclusion that the one submitted is the most feasible.

In drawing up the proposed permissive law the terms and wording of the present high school act were followed whenever it seemed there would be a gain in doing so. This I have repeatedly indicated by an asterisk (*) in the body of the text of the act. E. P. C.

UNION ELEMENTARY SCHOOLS.

Establishment and Maintenance of Union Elementary Schools.

SECTION a. Union elementary schools, formed by the union of two or more contiguous school districts, may be established and maintained in the manner provided in section b of the Political Code.

3

Establishment of Union Elementary School Districts.

*

SEC. b. First - When a majority in each district, as shown by the last preceding school census, of the heads of families residing in two or more contiguous school districts in the same county, shall unite in a petition to the County Superintendent of Schools for the establishing and maintaining of a union elementary school district, he shall, within twenty days* after receiving said petition, call an election for the determination of the question, and shall appoint three qualified electors in each of the districts petitioning to conduct the election therein. Said election shall be held separately and simultaneously at the public schoolhouse in each of the districts petitioning, and shall be called by posting notices thereof in three of the most public places in each district, one of which places shall be the public schoolhouse in each district, at least ten days before said election.* Said election shall be conducted by the officers appointed for that purpose, in the manner provided by law for conducting school elections. The ballots at such election in each district shall contain the words, "For the Union Elementary School,” and the voter shall write or print after said words on his ballot the word "Yes," or the word "No." It shall be the duty of the said election officers in each district to canvass the vote at said election, and report the result to the County Superintendent of Schools within five days* subsequent to the holding of said election.

Majority Vote in Union Elementary School District Election-Location of Union Elementary School.

Second- If a majority of the votes cast in the districts petitioning for a union elementary school shall in the aggregate be in favor of establishing a union elementary school therein,* the County Superintendent shall (except in the case of the formation of a union district consisting of but two districts, and as hereinafter provided for in subdivision four of this section), within fifteen days* after receiving the returns of the election held therein, direct the Board of Trustees in each of said districts to call a meeting of the qualified electors of their respective districts, in the manner provided in subdivision twenty of section 1617 of the Political Code.† At said meeting the qualified electors shall in each district select one representative, whose powers and duties shall be as hereinafter specified. The representatives so chosen shall name the school and have power to make temporary arrangements for its location, and, if satisfactory apartments or buildings in a suitable location are offered or can be procured for a consideration or at a rental which would make it advisable to accept the same, they shall have the power to secure an option of a lease on such apartments or building for a period not to exceed three years from the first day of July next ensuing. Within forty days after their selection they shall notify the County Superintendent of Schools that they desire to meet to locate the school. Thereafter the representatives so chosen shall meet in conjunction with the County Superintendent of Schools, at a time and place to be named by the Superintendent, for the purpose of determining the location of the union elementary school. At such meeting the Superintendent shall be the Chairman, and shall be entitled to vote and to participate in all its proceedings.* Should the above representatives fail to unanimously agree upon a location for the elementary school, they shall propose, in writing, to the County Superintendent then present, or if he is not present, they shall transmit to his office within ten days the names of the locations which they favor. Within twenty days after receiving such notice, the Superintendent shall call an election as provided in subdivision one hereof, to determine the location of the elementary school*. At such election only such sites as have been named by the

†This subdivision provides for calling a meeting of the electors at the schoolhouse to consider matters relating to the school district, such meetings being competent to instruct the Board of School Trustees.

representatives and certified to the County Superintendent shall be voted upon. Any form of ballot by which the voter signifies his choice of location shall be allowed. The result of said election shall be determined and certified to the County Superintendent, as provided in said subdivision one. The location which receives the largest number of votes shall be chosen as the location of the school.

Formation of Joint Union Elementary School Districts.

Third (1) When a majority in each distinct, as shown by the last preceding census, of the heads of families residing in two or more adjacent districts, not in the same county, shall unite in a petition to the County Superintendents of their respective counties for the establishing and maintaining of a joint union elementary school district, it shall be the duty of said superintendent, within twenty days after receiving said petition, to call an election in the district or districts in his county petitioning, for the purpose of determining the question, and appoint three qualified electors in each district petitioning, to conduct the election therein. Said election shall be called and conducted in all respects as specified in subdivision one of this section, and the result thereof shall be reported by the election officers in each district to the Superintendents of the counties in which the districts are situated, within five days subsequent to the holding of said election.

(2) If a majority of the votes cast in the districts shall, in the aggregate, be in favor of establishing a joint union elementary school, the County Superintendent in each county shall (except in the case of the formation of a joint union district consisting of but two districts, and as hereinafter provided for in subdivision four of this section), within fifteen days after receiving the returns of the election, direct the Board of Trustees in the district, or districts, in his respective county, to call a meeting of the qualified electors, as provided in subdivision two of this section. At said meeting the qualified electors in each district shall select representatives, as provided in said subdivision. The representatives so chosen shall meet at a time and place to be agreed upon among themselves, for the purpose of determining the name of the elementary school. The location of the school shall be determined by the joint action of the representatives chosen and the County Superintendents of the counties, in manner and form as provided for the location of union elementary schools.

When the Union District Begins.

Fourth Proceedings for the establishment of or for admission to a union or joint union elementary school district may be begun at any time, but the schools in the districts uniting to form or admitted to a union or joint union district shall remain under the control of their respective Boards of Trustees until the first day of July next succeeding the formation of the district and the location of the school, or of admission to a union district, when the districts uniting to form the union or joint union elementary school district, or the districts admitted to such union, shall cease to exist except for purposes of representation, and the terms of office of the School Trustees in said districts shall expire and the district property of each district so uniting shall pass to the control of the Board of Trustees for the Elementary School District, as hereinafter provided, to be held or disposed of by them, as provided in section 1617 of the Political Code; provided that, in union or joint union elementary school districts formed by the union of but two school districts, no selection of representatives, as provided for in subdivision two of the section, is necessary, and the two Boards of Trustees for the original school districts shall act as the representatives and shall constitute the Board of Trustees for the new elementary school district, and shall continue to serve for the terms for which they were elected, except as hereinafter provided; and provided further, that the proceeds of such sale by the Boards of Trus

tees for the union or joint union elementary school district, of school property in any of the original districts, must first be applied to the discharge of any bonded indebtedness of such original district.

Representatives to Act as Trustees.

Fifth-In the formation of union or joint union elementary school districts, the representatives selected according to the provisions of subdivision two of this section shall act as a Board of Trustees for the union or joint union elementary school district until the election or appointment and qualification of the regular Board of Trustees, as hereinafter provided.

Boards of Trustees in Elementary School Districts Composed of More than Two Districts.

Sixth — In union or joint union elementary school districts the Board of Trustees shall be composed of one member elected from each district composing the union or joint union school district,* at the time and in the manner prescribed for the election of School Trustees, except as otherwise provided in this act. The Superintendent (or Superintendents by concurrent action in joint union elementary school districts) shall, in union elementary school districts composed of three or more school districts, divide the districts composing the union elementary school district into three classes, as nearly equal in number of school districts as possible, to be designated by him as Class A, B, and C, respectively.* At the first annual school election following the organization of the union or joint union elementary school district and the location of the school, the districts in Class A, as above divided and designated, shall each elect a School Trustee for one year; the districts in Class B shall each elect a School Trustee for two years; the districts in Class C shall each elect a School Trustee for three years. At each annual election thereafter, as terms of office expire, the elementary School Trustees shall be elected for three years, and in case of expiration of term of appointment, for the unexpired term. Vacancies in the Board of School Trustees shall be filled by appointment by the County Superintendent of Schools (and in case of joint union elementary school districts, by appointment of the County Superintendent of the county in which the vacancy occurred), the appointee or appointees to hold until the first day of July next succeeding the appointment.

Boards of Trustees in Elementary School Districts Composed of but Two Districts.

Seventh-In union or joint union elementary school districts formed by the union of but two school districts, the Board of Trustees for the elementary school district shall consist of the two Boards of Trustees for the two districts so uniting, and they shall continue to hold office for the terms for which they were selected; provided, that should one or more additional districts unite at any time with the two original districts, as a part of the union or joint union elementary school district, the Board of Trustees shall then consist of one trustee from each of the original districts, as provided in subdivision six of this section, and the terms of the trustees in the two original districts shall expire on the first day of July next ensuing after the union of the third district.

The Schoolhouse.

Eighth After the location of the school has been determined, as provided in subdivision two of this section, the representatives, acting as a Board of Trustees, or their successors, may erect or lease a suitable building, as they may deem most advisable. A lease shall not be made for a longer period than three years. A building may be erected under the provisions of sections 1830 to 1839, inclusive, of the Political Code, relating to a district tax, or sections 1880 to 1888, inclusive, of the Political Code, relating to the issuance of bonds. In all cases the