Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-03
DEPARTMENT PUBLIC INsrRUcr1oS
STATE OF CALIFORNIA.

STATE OF CALIFORNIA,
DEPARTMENT PUBLIC INSTRUCTION.
SACRAMENTO, February "A, 1888
To City and County SuperiRtendents of
Schools, and County and City Boards Of
Education, Of the State Of California The
question as TO whether Boards of Education
| have legal right to adopt any new text
books, or TO change any OF those now in
use, at any other Time than in the monts
| of May and June, or to do such acts without
advertising for sixty days as required by
Section 1874 OF the Political Code, has been
asked 50 frequently by Superintendents and
others that was constrained TO submit The
question 10 the Attorney General for his
opinion.
In November, 1887, received a letter
containing the following questions, which l
submitted to the Attorney General Novem-
ber 26th, and received the subjoineG opin-
ion from him on November so, 1887;
ADOPTION OF TEXT-BooKs BY COUNTY BOARDS.
NOVEMBER so, 1857.
Ira g. HOit, Superintendent Pltolic Instruction
DEAR SIR: In your letter of the 26th instant
you ask:
l. Can County Boards of Education adopt new
textbooks, or change those now in use, at any
other times than during the months of May and
June, said change TO take effect on the 1st of
July thereafter?
=. Must not County Boards advertise any such
proposed change for sixty days?
B. Must not the amendment to Section :,
Article TX, OF the Constitution, supersede all of
the provisions of Section 1874 of the Political
Code, and allow County Boards OF Education TO
| make any changes they please, and at any time
they please, in textbooks other than those pub
| lished and to be published by the state?
4. If they can enter into contracts with pub
fishers for any such books, must it be for four
years, or until the State shall provide such
books, if that is done in less than four years.
II a certain class oftext- books is not furnished
| by the State Board under Article TX Section Z
| of the Constitution, then Section 1874 of the
| Political Code is not superseded as to such
books. In regard TO textbooks not now pro-
| vided for by the State, or not yet prepared
under the authority of the State, l think the
| County Boards have the authority to adopt the
same, and the contracts made should be until
| the State shall provide such books, but, in any
event, not to exceed four years.
IL IS not necessary to answer your questions
with any further particulars, as the County
| Boards would have to be governed by Section
| 1874 of the Political Code, above referred to-
except that the State books when ready, will
| take the place of books adopted by the County
Boards. Very truly yours,
G. A. JOHNSON, Attorney General
From the foregoing tits plain that no new
books should be adopted and no changes
| of books now in use excepting for books
| published by the State) can legally be
| made without advertising for sixty DAYS,
and no changes or adoptions can be legally
| made at any time, except during the
months OF May and Jnne. The following
books of the State series are now ready for
| use: First, Second and Third Readers,
| Speller, Advanced Arithmetic and Primary
| Number Lessons. The History of the
United States and the English Grammar
will be ready in July, 1883. The Physi-
ology and Elementary Grammar are ex-
pected to be ready by January, 1889, and
the Biographies by July 1899 The State
has made no provision for publishing other
books than those named above
| recommend that all books now in use
in those studies for which the State is pro-
viding text books b. retained until the
State books are ready, siuce q change in
any of these books will entail an unneces-
sary expense upon the public Respect
fully, IRA G Horn.
Superintendent Public instruction.