The herald., 1895-09-20
STATE FUNDS NOT AVAILABLE
An Opinion by the District Attorney
on the Subject
County Superintendent Riley Thinks This
Difficulty Can Be Obviated and
Gives His Plan

The law specifically states that before as
Stunning charge OF a school teachers shall
file their certificates with the superin-
tendent OF schools, and, further. express
ly provides that no requisition for war
rant shall be drawn in favor OF any
teacher unless such teacher is the holder
of proper certificate" Another section
of the law provides that 'the state school
fund must be used for no other purpose
than the payment of the salaries of teach
ers of primary and grammar schools.
The kindergarten system is, however,
recognized by the law where it has been
adopted as pait of the public primary
schools of cities. Now, kindergarten
teachers do not necessarily have to have
either primary or grammar certificates,
but teach uuder special kindergarten
certificate, and the question raised was
whether not having such primary or
grammar certificates, the state sohoul
fund could be used for paying their sala-
ries. The question was discussed at the
last meeting of THE state ASSOCIATION, and
has been more or less debated for months,
as has been stated. With a view to hav-
ing the matter officially passed upon,
County Superintendent of Education
Spurgeon V. Riley, some days ago, sent
q communication embodyIng the points
raised to District Attorney Donnell, with
the request that he pass upon The matter.
Mr.. Donnell has made very exhaustive
examination of the school law, and yes
terday gave Mr.. Riley his opinion, which
is as follows:
Mr.. Spurgeon V. Riley, County Super
intendent of Schools, Los Angeles Cal.
Dear Sir.-In a recent communication
you submitted to me for an opinion the
following:
1. Can kindergarten teachers who do
not hold primary grade certificates and
who teach in this schools of Los Angeles
county, be paid salary from the state or
county school moneys?
2. Is there anything in the law to
prohibit or ilegalze the formation of
new school districts that are to be formed
out of the bonded schuol districts?
Answering the first inquiry, call your
attention to the following sections OF the
Political Code and amendments thereto:
Section 1896 of the political code re-
ouires every teacher in the public schools
''before assuming charge OF school. to
file his or her certificate with the super
intendent of schools" except when such
teacher Is the holder of certain school,
educational or life diplomas, and unless
tho certificate be filed as required.
Section 100 provides that mo warrant
must be drawn in favor of such teach ers"
Section 170l expressly provides that
''no requisition for warrant shall be
drawn in favor of any teacher unless
such teacher is the holder of a proper GER
tiicate."
s'No school district is entitled to re-
ceive any apportionment OF state or coun-
ty school moneys unless the teachers en-
ployed in the schools of such district
hold legal certificates of fitness for teach
in fult fOrca and affect. b-SeCtIOn
1860.
Section 1868, subdivision 1, provides
that "ail schools, unless otherwise pro-
vided by law, must be divided into pri-
mary and grammar grades, and section
1851 provides that 1.-THE state school fund
must be used for no other purpose than
the ayment OF the salaries of teachers of
primary and grammar schools.
Estate scnool moneys must be appor-
toned to the several counties in proper
ton to the number OF school census chill
dren." -Section 1858. Subdivision of
this section declares that ''Census chill
dren. whenever mentioned in this chap
ter, shall be construed to mean those be-
tween the ages of and II years."
1t is within the powers and duties of
trustees of school districts and of boards
of education in cities "to exclude from
schools children under 6 years of age,
provided that in cities and towns in
which the kindergarten has been adopted
or may hereafter be adopted as part of
the public primary schools, children may
be admitted to such kindergarten classes
at the age of years"-Section 1911. sub
division 8. A similar provision is found
in section 1862
By an act approved March 90, 1891.
amending section 1917. subdivision 8 of
the Political Code cities and towns are
authorized to adopt the kindergarten as
part of the public primary schools, -
and admit children to kindergarten
classes at the age OF years. claws OF
1891, chapter 229) The kindergarten sys-
TEN is also recognized in same chapter,
section 1862. (See also same section,
laws Of 1893, chapter 1887
In deter mining the question, it is i'm
portant to know whether or not cities
and towns IN Los Angeles county have
adopted the kindergarten system as a
part of the public primary schools. On
this proposition, l am i'll the possession
OF no fact whatever.
The charter of the city of Los Angeles,
adopted January 81, 1889. IN subdivision
IA of section II, page AGO.. laws Of 1889,
gives sole power ito the board of educa-
ton. in it's discretion, to establish kinder
garten schools for the instruction Of Chi
dren between the ages of 5 ana years,
and industrial and manual training
schools or departm ents."
Whether or not the board of education
has established kindergarten schools as
part of the public primary schools of the
city of Los Angeles, can be easily ascer-
tanned. and if established. such schools
are authorized both BY the laws of the
state and the charter OF the city.
But such schools or classes must be
adopted as part of the primary public
schools, as required by sections 1917 and
1862, Political Code, amended by laws of
1883, chapter 1885,
Section so of the city charter of Los
Angeles, page 4S3, laws of 1885, follows
the general school laws of the state, and
requires ''the entire revenue derived by
the city from the state school fund and
state school tax fund shall be applied by
the board of education exclusively to the
support OF primary and grammar
schools
In my opinion, all teachers of kinder
garten classes, where the kindergarten
system has been adopted by cities and
towns OF Lus Angeles county, should
hold valid primary or grammar grade
certificates to warrant school officers in
paying such teachers their salaries out
the state or county school funds.
In answer to your second inqnriy would
say. that new school districts may be
formed as provided IN section l477 of the
Political Code, and these districts may be
formed out of the bonded school districts.
Very respectfully
]. A. DONNELL, Distict Attorney.
From this opinion it Will be seen that
the district attorney thinks that kinder
garten teachers can be paid only when
they hold regular primary or grammar