Sinnott v. Colombet
Before: Britt
Synopsis
School Law—Kindergarten—Primary Schools—Special Instruction —Power of Board of Education—San Jose.—Under section 1617, subdivision 9, of the Political Code, and section 1662 of the same code, as amended in 1893, which are controlling'in the city of San Jose, as elsewhere, the board of education of that city has power to adopt the kindergarten as part of the public primary schools, and to provide for the admission of children of kindergarten classes to be instructed by teachers provided with a special certificate authorizing the holder to teach the kindergarten system as a special study.
Id.—Meaning of Kindergarten—Judicial Notice.—The court will take judicial notice of the significance of the word “ kindergarten,” and that the term applies to a system elaborated for the instruction of children of very tender years, guiding their inclination to play into organized movement, and investing games with an ethical and educational value.
Id. — Qualification of Kindergarten Teacher — Classes in Primary Schools—Certificate for Special Branch—Authority of County Board.—Although the kindergarten system, when adopted, is to be regarded as part of the public primary schools of the school district, yet it is not essential that the teacher of the kindergarten classes must have a certificate authorizing her to teach the whole primary school course before she can be eligible to employment as a teacher in the kindergarten; but, under section 1771 of the Political Code, the county board of education has authority to grant a certificate to teach kindergarten classes as a special branch required by a city board of education.
Id.—Payment of Kindergarten Teacher—Primary School Fund— Mandamus.—The kindergarten classes being a part of the primary schools, a warrant drawn by the b'oard of education upon the treasurer of the city against a fund in his hands known as the “ Grammar and Primary School Fund ” must be paid out of that fund, and, upon refusal of the city treasurer to pay the same, a writ of mandamus will issue compelling such payment.
Id.—Time of Levy of Tax Immaterial.—It is .immaterial that the kindergarten class or system had no existence in the primary schools at the time when the tax was levied to raise a fund for the expenses and teachers’ salaries of the grammar and primary schools of the city.
Britt, C. Appeal by defendant from a judgment awarding a peremptory writ of mandate requiring him, as treasurer of the city of San Jose, to pay a warrant drawn on him by the board of education of the school district constituted by, and in turn comprising, said city in favor of plaintiff for services rendered by her as teacher in a certain kindergarten school of the district. From the agreed statement of facts on which the ease was submitted in the court below the following matters, among others, appear: Said board of education is chosen under the provisions of the charter of the city of San Jose (Stats. 1873-74, p. 395) as required by section 1616 of the Political Code. The power to employ teachers in the district is vested in such board exclusively. Since November 25, 1893, plaintiff has been the holder of a special certificate issued to her by the county board of education of Santa Clara county, by the terms of which plaintiff is “ entitled to teach any [189]kindergarten class of the public schools” in said county; she has no other teacher’s certificate. On December 8, 1893, said city board of education adopted the following order: “Resolved, That the kindergarten system be, and the same is hereby, adopted as a special study to be taught in the public schools of the school district of the city of San Jose in the county of Santa Clara, and that classes be organized wherein such special study shall be solely taught. Beit further resolved, That no teacher be employed to teach such classes and to teach such special study, unless such teacher shall be provided with a special certificate, issued by the proper authority, authorizing the holder thereof to teach the kindergarten system as a special study in the public schools of said school district, and to teach kindergarten classes in said schools, and that no other certificate be required.” Thereupon, said city board of education caused kindergarten classes to be organized wherein such special study is solely taught in separate school buildings devoted to that purpose.
About December 11, 1893, plaintiff was employed by said city board as teacher in one of the kindergarten schools so established, for a term commencing on that date and to end June 30, 1894, and performed the duties pertaining to such employment from the commencement thereof to January 5, 1894, and earned during that time, at the agreed rate of compensation, the sum of sixty-seven dollars and fifty cents. For this sum said board drew its warrant in plaintiff’s favor on defendant, as treasurer of the city, against the fund in his hands known as the “Grammar and Primary School Fund”; which warrant, upon presentation, he refused to pay; hence this proceeding.
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