Sinnott v. Colombet

Citations

• 107 Cal. 187
• 40 P. 329
• 1895 Cal. LEXIS 732

Syllabus

<p>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.</p> <p>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.</p> <p>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.</p> <p>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 tre