Proviso.

Proviso, employment permit.

County

truant officer, bond, etc.

Powers.

completion of the work in such schools, shall present satisfactory evidence to the county commissioner of schools, and in appropriate cases, to the superintendent of schools, that he has completed sufficient work to entitle him to an eighth grade diploma;

(b) Any child who has received an eighth grade diploma from the public schools;

(c) Any child who is physically unable to attend school. If the truant officer is notified of the non-attendance of any child at school, and he shall find the one in parental control claiming that such child is physically unable to attend school, the truant officer may secure a written statement of a competent physician, certifying that such child is physically unable to attend school;

(d) Children over fourteen years of age whose services are essential to the support of their parents may be excused by the county commissioner of schools or city superintendent of schools from attendance at school, on the recommendation of the board of education of the district in which such children reside, and said board shall certify to the officers herein mentioned the facts in all such cases;

(e) Children under nine years of age, whose parents do not reside within two and one-half miles, by the nearest traveled road, of some public school: Provided, That if transportation is furnished for pupils in said district, this exemption shall not apply;

(f) Any child twelve to fourteen years of age while in attendance at confirmation classes conducted for a period of not to exceed five months in either of said years: Provided, however, That any child claiming exemption from attending school under subdivisions (a) or (b) hereof, shall secure such permit as may be required under the statutes of Michigan covering the employment of minors, and shall be regularly employed at some lawful work if physically able to do so.

Am. 1907, Act 74; 1913, Act 47.

As to the permit contemplated in paragraph (f), see section 306 infra. A child over 16 years of age is not between the ages of 7 and 16 years, and as to construction of age limit, see Jackson v. Mason, 145/338. The board of supervisors may reimburse a deputy sheriff for attorney's fees paid to defend himself against an action of malicious prosecution for arrest on a warrant fair on its face, where the officer acted in good faith and was held not liable.-Messmore v. Kracht, 172/120. Charge held insufficient to sustain conviction.-People v. Turja, 157 / 530.

(286) SEC. 2. The county commissioner of schools in each county shall select a person of good moral character to act as truant officer for the county. The person so selected shall file with the county clerk his acceptance and oath of office and a bond in the sum of one thousand dollars, with two sufficient sureties to be approved by the county clerk. The person so selected shall be known as the county truant officer, and he shall have all the powers of a deputy sheriff, and he shall perform the duties of truant officer in all school districts of the county when directed to do so by the county

commissioner of schools, except as hereinafter provided: Provided, That in cities having a duly organized police force Proviso, cerit shall be the duty of the police authorities, at the request of tain cities. the board of education, to detail one or more members of such police force to perform the duties of the truant officer in such city, but this provision shall not be construed as prohibiting such board of education from appointing any citizen not a police officer as truant officer: Provided further, That Further proviso, graded in graded school districts the board of education shall have school districts. authority to appoint one or more truant officers and fix the compensation of the same, said compensation to be paid by the district: And Provided further, That in all townships of Further prothe upper peninsula organized as township unit districts, the board of education of such township shall have authority to appoint one or more truant officers for said township and fix the compensation for such service, said compensation to be paid from the proper funds of such school district. For all townships of the upper peninsula not organized as township unit districts the county truant officer appointed as herein prescribed shall act: Provided. That if in any graded dis- Proviso. trict or township the board of education does not appoint a truant officer, the county truant officer shall act in such dis

viso, U. P.

truant officer,

trict or township. The truant officers herein provided for in Bonds. cities, graded school districts and township unit districts shall give bonds to the board of education in the sum of five hundred dollars, said bonds to be approved by the board of education and filed with said board, and such officers shall have, within their jurisdiction and while in the performance of the duties of truant officer, the powers of the deputy sheriff. The compensation of the county truant officer shall County be three dollars per day for every day actually engaged in compensation. the discharge of his duties, and actual expenses, and all bills for such service shall be certified by the county commissioner of schools. In cities, when the board of education appoints a truant officer other than a police officer, said board shall fix the compensation for such truant officer and pay such officer from the incidental fund. The compensation and How paid actual expenses of the county truant officer shall be allowed and paid in the same manner as the compensation of other county officers is allowed and paid by the county; and when the police authorities detail one or more members of the force as truant officers, they shall receive such compensation and actual expenses for such service as the board of aldermen or police commission may determine, and be paid from the same fund as the police authorities are usually paid: Provided, Proviso. That this act shall not be so construed as to effect any exist ing appointment.

Am. 1907, Act 74; 1911, Act 255.

School director, duty of.

Teacher, duty of.

Secretary of board of edu

cation, duty

of.

Truant officer, duty of.

Proviso.

Penalty for

non-com

pliance.

(287) SEC. 3. (a) It shall be the duty of the school director of all school districts, except in city, graded and township districts, to provide the teacher, at the commencement of the school, with a copy of the last school census, together with the names and addresses of the persons in parental relation, also address of the county commissioner of schools. The teacher shall, at the opening of school and at such other times as may be necessary, compare said census list with the enrollment of the school and report to the county commissioner of schools the names of the parents or other persons in parental relation whose children of the ages herein before mentioned are not in regular attendance at school, also the names of parents or other persons in parental relation who have children of school age not included in such census and who do not attend school;

(b) In all city, graded and township districts, the secretary of the board of education shall, at the commencement of school, furnish a copy of the last school census to the superintendent of schools in such city, together with the name and address of the truant officer under whose jurisdiction they act, and it shall be the duty of said superintendent at the opening of school to compare said census list with the enrollment of the school or schools, and from time to time as it may be necessary report to the proper truant officer the names and addresses of any parents or other persons in parental relation whose children of the ages herein before mentioned are not in regular attendance at the public schools, also names of parents or others in parental relation whose children are not in the school and whose names are not included in such census;

(c) It shall be the duty of the truant officer of the city or district, whenever notified by the teacher, superintendent, or other person or persons of violations of this act, and the county truant officer, when notified by the commissioner of schools, to investigate all such cases of truancy or nonattendance at school, and if the children complained of are not exempt from the provisions of this act under the conditions named in section one, then he shall immediately proceed as is provided in section four of this act: Provided, That it shall be the duty of the county truant officer when requested to do so by the county commissioner of schools to inspect the outhouses in primary districts and order repairs on the same, and in case the district board, after proper notification by the truant officer, fails to have such outhouses put in proper and sanitary condition it shall be the duty of the said truant officer to have such work done at the expense of the district;

(d) In case any parent or other person in parental relation shall fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined not less than five dollars nor more

than fifty dollars, or imprisoned in the county or city jail for not less than two nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

Am. Id.

of schools,

(288) SEC. 4. (a) It shall be the duty of the county Commissioner commissioner of schools to furnish the truant officer of the duty of. county, at the opening of the schools, with a list of the teachers and superintendents employed in his county in school districts other than in such city graded and township districts as are described in section two of this act;

parent.

(b) In case any parent or other person in parental rela- Notice to tion shall fail to send the child or children under his or her control to the public school, the truant officer, upon having notice from proper authority of such fact, shall immediately and within twenty-four hours thereafter give formal written notice in person or by registered mail, to the parent or other person in parental relation, that the child or children under his or her control shall present himself or themselves at the public school, except as herein before provided, on the day following the receipt of such notice, with the necessary text-books for instruction in the proper school or schools of the district or city. Said notice shall inform the Notice, what parent or other person in parental relation of the date that attendance must begin and that such attendance at school must be continuous and consecutive during the remainder of the school year as taught in the district. The truant officer Notice to shall, at the same time the said formal notice is given to the superinparent or person in parental relation, notify the teacher or superintendent or commissioner of the fact of notice, and it shall be the duty of the teacher or superintendent or commissioner to notify the truant officer of failure on the part of the parent or other person in parental relation to comply with said notice:

to state.

teacher or

tendent.

officers,

(c) It shall be the duty of all truant officers, after having Truant given the formal notice herein before described, to determine duty of. whether the parent or other person in parental relation has complied with the notice, and in case of failure to so comply he shall immediately and within three days after having knowledge or being notified thereof, make a complaint Complaint. against said parent or other person in parental relation having the legal charge and control of such child or children, before any justice of the peace in the city, village or township where such party resides, or in an adjoining township or city in such county, for such refusal or neglect to send such child or children to school; and said justice of the peace Warrant. shall issue a warrant upon said complaint and shall proceed to hear and determine the same in the same manner as is provided by statute for other cases under his jurisdiction, and in case of conviction of any parent or other person in Conviction.

Proviso, recorder's court.

Assistance

rendered officer.

School boards may establish

ungraded schools.

May require attendance.

Juvenile disorderly persons, who deemed.

parental relation for violation of this act, said parent or other person in parental relation shall be punished according to the provisions of section three of this act: Provided, That in cities having a recorder's court and justices of the peace, the truant officer shall make the aforesaid complaint before the magistrate of said recorder's court or before a justice of the peace, and said magistrate or justice shall issue a warrant and proceed to hear and determine the case in the same manner as is provided in the statute for other cases under his jurisdiction;

(d) It shall be the duty of all school officers, superintendents, teachers or other persons to render such assistance and furnish such information as they may have at their command to aid such truant officer in the performance of his official duty.

Am. 1907, Act 74; 1909, Act 63.

(289) SEC. 5. In any graded or city district in this state, the school board or officers having in charge the schools of such districts may establish one or more ungraded schools for the instruction of certain children as defined and set forth in the following section. They may, through the truant officer and superintendent of schools, require such children to attend said ungraded schools, or any department of their graded schools, as said board of education may direct.

(290) SEC. 6. The following classes of persons between and including the ages of seven and sixteen years residing in graded school districts or cities as described in section five of this act shall be deemed juvenile disorderly persons and shall, in the judgment of the proper school authorities, be assigned to the ungraded school or schools as provided in section five of this act: Class one, habitual truants from any school in which they are enrolled as pupils; class two, children, who, while attending any school, are incorrigibly turbulent, disobedient or insubordinate, or are vicious and immoral in conduct; class three, children who are not attending any school and who habitually frequent streets and other public places, having no lawful business, employment or occupation.

Sec. 7 repeals Act 95 of 1895, being C. L. 1897, § § 4847-4852.

A charge that respondent was a disorderly juvenile offender, in that she neglected and refused to go to school, and was a truant and is an unmanageable child, is insufficient to sustain a conviction (C. L. 1897, § 11765).-People v. Turja, 157 / 530.

When children

sent to school for the deaf.

An Act to provide for the compulsory education of deaf children. [Act 48, P. A. 1907.]

The People of the State of Michigan enact:

(291) SECTION 1. Every parent, guardian or other person in the state of Michigan having control or charge of any child or children between the ages of seven and eighteen