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consecutive; provided that in cities of the first and second class such children shall be required to attend school at least thirty weeks in each school year, ten of which shall be consecutive; provided, that in each year such parent, guardian or other person having control of any child shall be excused from such duty by the School Board of the District or the Board of Education of the City, as the case may be, whenever it is shown to their satisfaction that one of the following reasons exists:

I. That such child is taught at home in the branches prescribed by law for the same length of time as children are required by law to be taught in the District School.

2. That such child has already acquired the branches of learning taught in the District Schools.

3. That such child is in such physical or mental condition (which may be certified by a competent physician if required by the Board) as to render such attendance inexpedient or impracticable. If no such school is taught the requisite length of time within two and one-half miles of the residence of the child by the nearest road, such attendance shall not be enforced.

4. That such child is attending some Public, District, or Private School.

5. That the services of such child are necessary to the support of a mother or an invalid father.

The evidence of the existence of any of these reasons for non-attendance must be in each case sufficient to satisfy the Superintendent of the County or City in which the child resides; and the Superintendent, upon the presentation of such evidence, shall issue a certificate stating that the holder is exempted from attendance during the time therein specified.

Section 1963. Penalty. Any such parent, guardian, or other person having control of any child between eight and sixteen years of age who wilfully fails to comply with the requirements of the last preceding Section, shall be guilty of a misdemeanor.

1964. Id. Inquiry into violations of school law. It shall be the duty of the president of the board of education of any city, and the chairman of the school trustees of any district,

within their respective jurisdictions, to inquire into all cases of misdemeanor defined in this title and to report the same and the offenders concerned, when known, to the city or county attorney of the city or county within which the offenses shall have been committed, and it is hereby made the duty of either of said officers to proceed immediately to prosecute such offenders.

1965. Incorrigible children. Sent to industrial school. All children in the district between the ages of eight and sixteen years, who, in defiance of earnest and persistent efforts on the part of their parents or teachers, are habitual truants from school, or while in attendance at school are vicious, immoral, or ungovernable in conduct, shall be deemed incorrigible, and it is the duty of the president of the board of education or the chairman of the board of trustees of each school district to inquire into all such cases within his district and report them to the county attorney acting for such district, whose duty it shall be to prosecute such cases as incorrigibles and fit candidates for the State industrial school.

CHAPTER 66*.

Outhouses on School Grounds.

Section I. Outhouses on school grounds to be kept in sanitary condition. It shall be the duty of the Board of Trustees of each school district in the State to provide all out-houses upon the school grounds, and which are not connected with a sewer system, or cess pool, with the dry earth system of privy vaults and to provide at all times a supply of dry earth in such out-houses sufficient to comply with the requirements of such system and must cause such vaults to be emptied at least once every month and oftener during the school year if in the opinion of the district health officer it is necessary and shall maintain all such out-houses in a sanitary condition.

*Session Laws, 1905.

CHAPTER 17.

KINDERGARTEN.

1966. Board may maintain kindergartens. Teachers. School boards may establish and maintain kindergartens in their several districts, open to children resident therein between the ages of four and six years. The cost thereof may be paid in whole or in part out of the school funds of the district. Kindergartens established under the provisions of this section shall be subject to the control of the school boards of the respective districts in which they are maintained.

Teachers.

Teachers for said schools, unless holding a certificate of efficiency in kindergarten work granted by the State normal school, shall be required to sustain a special examination relating to the principles and practice of the kindergarten, such examination to be conducted under the direction of the State board of education.

Sec. 2. An act of the Legislature of the State of Utah, entitled "An Act creating a State Board of Education, defining its duties and providing a uniform system of free schools throughout the State," approved April 5th, 1896, and all acts and parts of acts inconsistent herewith are hereby repealed.

Sec. 3. This act shall take effect upon approval.
Approved March 11th, 1897.

Kindergartens.

*Section 1. Kindergartens provided for. . All school districts of a population of two thousand and upwards, shall hereafter establish and maintain one or more kindergartens, in said school district; open to children resident therein, between the ages of four and six years. Said kindergartens must be established within four years after the passage of this act.

*Session Laws, 1903.

Sec. 2.

How maintained. The cost of maintaining such kindergartens shall come out of the district school fund, of the respective districts.

Sec. 3. This act shall take effect July 1, 1903.

CHAPTER 121.

REVENUE FOR COMMON SCHOOLS.

Section I. Where revenues insufficient state money to be used. That in those Districts of the State where the revenues derived from the State, county and district school tax levies are insufficient to enable the School Trustees to employ a teacher or teachers for a period of at least twenty-eight weeks, and the Board of County Commissioners of the County in which said school district or districts are located has made a school tax levy of four mills, that the School District Trustees have levied a district tax of five mills, and that there is not sufficient amount from the allotment of State and County and the district school moneys after all necessary current expenses are paid from the district fund to raise the amount for the payment of teachers to the sum of three hundred dollars for each teacher in the district for the current school year, the County School Superintendent shall make report thereof, giving the amount available in such district for the payment of teachers in the school year, together with an itemized account of the expenditures of any part of the district tax for current expenses, verified under oath, to the State Superintendent of Public Instruction, not later than the 30th day of April in such year.

The State Superintendent shall, by the 15th day of May of such year, make report to the State Auditor, State Treasurer, and State Board of Examiners of the school districts so reported to him, with the county or counties in which they are located, and the names and addresses of the County Superintendents thereof. And there shall be paid out of any moneys in the State Treasury not otherwise appropriated, a sufficient sum to make the amount available, for the payment of teach

ers in each of such school districts to aggregate three hundred dollars for each teacher for the school year, for the use of the school district so applying therefor; provided, that school is maintained in the district at least twenty-eight weeks in the school year. Provided further, that no district affected by this act shall employ more than one teacher except on the recommendation of the County Superintendent of Schools, and after such recommendation has the approval of the State Superintendent of Public Instruction.

Section 2. How paid. Said moneys for the districts in each County shall be paid to the County Superintendent of such County, for the use of such districts, on the certificate of the State Superintendent; said moneys to be used exclusively for the payment of teachers; and the said County Superintendent shall, within thirty days from the time of receiving the State warrant for his County's portion, file with the State Auditor proper vouchers, approved by the District Trustees and signed by the teacher or teachers employed. He shall before October Ist of each year refund any unused portion of the amount to the State Treasury.

Section 3. Appropriation. For the purpose of carrying out the provisions of this act, there is hereby appropriated from any fund in the State Treasury, not otherwise appropriated, the sum of eight thousand dollars or so much thereof as may be necessary; provided, that if the eight thousand dollars so appropriated, is insufficient to meet the requirements of this act, each district so affected shall receive a pro rata apportionment of the fund so appropriated.

CHAPTER 32.*

REQUIRING THE AMERICAN FLAG TO BE DISPLAYED ON EVERY SCHOOL HOUSE OR GROUNDS THEREOF.

Section I. American flag displayed. When. It shall be the duty of the Board of Education or School Trustees of all

*Session Laws, 1905.

*Session Laws, 1907.

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