Laws of Wisconsin Relating to Common Schools, Free High Schools Industrial Schools, County Training Schools, County Agricultural Schools, State Graded Schools, Normal Schools, the State University, and County and City Superintendents, Teachers' Institutes, Textbooks, Etc

controlling other public buildings and grounds, to provide the equipment, supervision, instruction and oversight necessary to carry on public educational and recreational activities, as described in this section, in buildings and upon grounds in the custody and under the management of such commissioners or boards having charge of public parks, libraries, museums or public buildings and grounds of whatever sort in such cities of the first, second or third class.

2. If any board of school directors shall neglect or refuse to proceed as authorized in this section, the question of their action as herein authorized shall, upon petition to that effect, signed by not less than ten per cent of the number of voters voting at the last school or other election in such city, be submitted to the electors of the school district at the next election of any sort held therein, and if a majority of the votes cast upon such proposition shall be in favor thereof, then the board of school directors shall proceed to undertake and organize this work as authorized in this section.

3. Boards of school directors in cities of the first, second or third class shall report to the common council of such cities at or before the first meeting of such common council in September of each year, the amount of money required for the next fiscal year for the support of the afore-mentioned activities of a similar nature which may have been previously determined upon by such boards of school directors, and it shall be the duty of such common council to levy and collect a tax upon all the property, subject to taxation in said.city, at the same time and in the same manner as other taxes are levied and collected by law, which shall be equal to the amount of money so required for such purposes by the said board of school directors as provided in this section; provided, that the tax so levied upon each dollar of the assessed valuation of all property, real and personal, in said city, subject to taxation, shall not in any one year exceed two-tenths mill for the purpose of the activities hereinbefore mentioned in this section, and other similar activities which may have been determined upon by such board of school directors of each city. The said tax shall not be used or appropriated, directly or indirectly, for any other purpose than that provided in this section.

4. All moneys received by or raised in such city for the afore-mentioned purposeshall be paid over to the city treasurer, to be disbursed by him on orders of such board of school directors in such city, countersigned by the comptroller in the same manner that other funds at the disposal of such board of school directors in such city are disbursed by them. But the tax provided for in this section shall not be levied or collected, nor shall the board of school directors, as provided in this section, have authority to require the levy and collection of such tax, until after the question of the levy and collection of such tax shall have been submitted to the qualified school electors, of such city at some regular or special election, and shall have been favorably voted upon by a majority of those voting upon such question at such election. The question as to the levy and collection of such special tax shall be submitted to the voters in the usual manner upon. request of the board of school directors in such city, or the question of the levy of such tax shall be submitted upon a petition to that effect, signed by not less than ten per cent of the number of voters voting at the last school election, held previously in such city.

5. After the question of the levy and collection of such special tax has been submitted to and approved by the voters as provided in this section, the authority shall remain, and such tax shall be levied and collected annually until such time as the voters of the school district of such city shall, by majority vote, order the discontinuance of the levy and collection of such tax. The question of the discontinuance of the levy and collection of such tax shall be submitted to the voters in the same manner and under the same conditions as the proposition to authorize the levy and collection of the said tax.

6. The board of school directors in any city covered by this section, is also empowered to receive and expend for the purposes of this section any sums of money appropriated and turned over to them by the common council of such city for such purposes; and the common council of such city shall have authority to appropriate and turn over to the board of school directors of the school district of such city any reasonable sums of money which the said common council may desire to appropriate out of the general fund of such city and turn over to the said board of school directors for the purposes herein set forth. [1911 c. 509; 1911 c. 664 s. 103; 1915 c. 204]

SECTION 435m. [Repealed by 1911 c. 543]

Nonresident tuition fees. SECTION 4350. 1. In all cases where nonresident children of school age shall be enrolled in and regularly attend school in a district maintaining a one or two department rural school or some department in a district maintaining a state graded school, or the grades in a district maintaining a free high school, or a school equivalent thereto, the school board or board of education of such district shall

fix a fee for such attendance of nonresident pupils, the said fee in districts maintaining a rural school of one or two departments shall not in any case exceed one dollar per school month. In districts maintaining a state graded school and in districts maintaining a free high school, or one equivalent thereto, shall not exceed one dollar and seventy-five cents per month for attendance of pupils at the grades at the state graded school, or the grades below the free high school. The payment of such tuition shall entitle the persons to all the rights and privileges enjoyed by resident pupils therein.

2. It shall be the duty of each such school district to admit such pupils; provided, the facilities for seating and instruction will permit, and such attendance will not cause an enrollment in any one room to exceed sixty-five persons.

3. In cases where there are children of school age in a home located more than two miles from the schoolhouse in the home district and transportation is not provided, the distance to be measured by the nearest traveled highway, and there is another school in an adjoining district located at a distance of one-half a mile or more nearer to such home, the children of school age shall be privileged to attend the nearer school, and in such cases the school board, or board of education, of the school district in which such families reside is duly authorized by this section to pay, and shall pay, to the treasurer of the district in which the nearer school is located, and where such children attend school the sum per month fixed by said school board as tuition under the provisions of this section, upon filing with the clerk of the school district where the parents or guardians of such children reside a statement on or before the first day of July in each year, setting forth the residence, name, age, date of entrance to such school and the number of months' attendance during the preceding school year of each person so admitted from such district; this statement shall show the rate per month of tuition and the amount of tuition due for each pupil.

4. In all other cases it shall be the duty of the school board, or board of education, for persons living outside the district desiring to attend school below the ninth grade to enter into an agreement in writing with the parent or guardian of such persons for the payment of such tuition at the rate fixed above previous to the enrollment of such nonresident pupils in the school under its jurisdiction. [1911 c. 543; 1911 c. 664 s. 116]

District school equipment; expenditure per year; approval. SECTION 436. The board may purchase such books, blanks and stationery as are necessary for keeping a record of the proceedings of meetings and the accounts of the treasurer and for doing the business of the district in an orderly manner, and such other equipment, including supplementary readers, dictionaries, library catalogue cards and card cases, maps, charts, globes, books and school apparatus, heating and ventilating apparatus, as may be approved by the state superintendent or by the county superintendent for the use of schools, not exceeding one hundred dollars in value in any one year, from any funds in the district treasury not otherwise specifically appropriated, and such schoolbooks as in their judg ment may be necessary for the use of any children attending school in their district whose parents and guardians may not be able to furnish the same. All such purchases shall be approved at a regular meeting of the board at which all members are present. The board shall keep an accurate account of expenses incurred by them under the provisions of this section and present an itemized statement of such purchases to the annual meeting. [1854 c. 80 s. 39; R. S. 1858 c. 23 s. 28, 39, 41; 1863 c. 155 s. 48, 49, 51; 1873 c. 281; R. S. 1878 s. 436; 1885 c. 93; Ann. Stats. 1889 s. 436; 1897 c. 354; Stats. 1898 s. 436; 1907 c. 39]

Flags. SECTION 436a. Every board of education or district board shall purchase at the expense of the city, town, village, or district to which it belongs and display from a flag staff on each schoolhouse or on the grounds thereof a flag of the United States, and shall purchase in like manner whatever may be needed for the display or preservation of said flag. It shall be the duty of every board of education or district board and of every principal or teacher in charge of each school to cause such flag to be properly displayed in seasonable weather during the school hours of each day's session of school upon the flag staff of said schoolhouse or school grounds. [1889 c. 272; Ann. Stats. 1889 s. 436a; 1895 c. 95; 1897 c. 354; Stats. 1898 s. 436a; 1915 c. 34]

Deficiency in tax. SECTION 437. If any district, at its annual or at a subsequent special meeting prior to the third Monday of November following, shall not vote a tax sufficient to maintain a school for the term of six months during the ensuing year, the board, on or before the Wednesday next following said third Monday of November, shall determine the sum necessary to be raised to maintain such school, and the clerk shall forthwith certify to the town clerk the amount so fixed, who shall assess the same as other district taxes are assessed; and all school money received from the school fund income shall be applied exclusively to the payment of teachers' wages. [1863 c. 155 s. 19;

1868 c. 162; 1875 c. 339 s. 1, 2; R. S. 1878 s. 437; 1885 c. 124 s. 2; Ann. Stats. 1889 s. 437; 1897 c. 354; Stats. 1898 s. 437]

Contract with teacher. SECTION 438. The board shall contract with qualified teachers, specify in the contract the wages per week, month or year to be paid, and when completed file the contract, with a copy of the certificate of the teacher so employed attached thereto, with the clerk. No contract with any person not holding a diploma or certificate authorizing him to teach shall be valid; and all such contracts shall terminate if the authority to teach expire by limitation and be not renewed or be revoked. [1854 c. 80 s. 27; R. S. 1858 c. 23 s. 27; 1863 c. 155 s. 42, 107; 1866 c. 111 s. 3; 1867 c. 111 s. 2; 1871 c. 169 s. 1; 1872 c. 101; R. S. 1878 s. 438; Ann. Stats. 1889 s. 438; 1897 c. 354; Stats. 1898 s. 438]

Rules; expulsion of pupils. SECTION 439. The school board of any school district or the board of education of any city may make all rules needful for the organization, graduation and government of the school or schools under their jurisdiction, such rules to take effect when a copy signed by a majority of the board is filed with the clerk; may establish and maintain an ungraded department when in the discretion of the board such department may be deemed advisable; may suspend any pupil from school for noncompliance with the rules made by themselves or by the teacher with their consent; may expel any pupil whenever, upon due examination, they find him guilty of persistent refusal or neglect to obey the rules of the school and becomes satisfied that the interests of the school demand his expulsion; and may admit free of tuition any person between twenty and thirty years of age residing in the district to any school under their control, when in their judgment it will not interfere with the pupils of school age. [1854 c. 80 s. 37; R. S. 1858 c. 23 s. 39; 1860 c. 352 s. 2; 1863 c. 155 s. 52; 1877 c. 184; R. S. 1878 s. 439; Ann. Stats. 1889 s. 439; 1897 c. 354; Stats. 1898 s. 439; 1911 c. 464]

Compulsory school attendance. SECTION 439a. 1. Any person having under his control any child between the ages of seven and fourteen years, or any child between the ages of fourteen and sixteen years not regularly and lawfully employed in any useful employment or service at home or elsewhere, shall cause such child to be enrolled in and to attend some public, parochial or private school regularly (regular attendance for the purpose of this statute shall be an attendance of twenty days in each school month, unless the child can furnish some legal excuse), in cities of the first class during the full period and hours of the calendar year (religious holidays excepted) that the public, parochial or private school in which such child is enrolled may be in session; in all other cities not less than eight school months; and in towns and villages not less than six school months in each year, and all children subject to the provisions of this act shall be enrolled in some public, parochial or private school within one school month after the commencement of the school term in the district in which such children reside, except that in cities of the first class such children shall be enrolled at the time of the opening of the school which they will attend (and the word "term," for the purposes of this act, shall be construed to mean the entire time that school is maintained during the school year); provided that this section shall not apply to any child not in proper physical or mental condition to attend school, who shall present the certificate of a reputable physician in general practice to that effect, nor to any child who lives in country districts more than two miles by the nearest traveled road from the schoolhouse in the district where such child resides; provided that if transportation is furnished by the district this exemption as to distance shall not apply, nor shall this section apply to any child who shall have completed the course of study for the common schools of this state or the first eight grades of work as taught in state graded or other graded schools of Wisconsin, and can furnish the proper diploma, certificate, or credential showing that he has completed one of said courses of study, or its equivalent. Instruction during the required period elsewhere than at school, by a teacher or instructor selected by the person having control of such child shall be equivalent to school attendance, provided that such instruction received elsewhere than in school be at least substantially equivalent to instruction given to children of like ages in the public, parochial or private school where such children reside. Any person who shall violate the provisions of this section shall upon conviction thereof, be punished by a fine of not less than five dollars nor more than fifty dollars, together with costs of prosecution, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment in the discretion of the court, for each offense. It shall be the duty of the district attorney and his assistants to prosecute in the name of the state all violations of the provisions of this section. Any person who shall be proceeded against under the provisions of this section may prove in defense that he is unable to compel the child under his control to attend school or to work, and he shall be thereupon discharged from liability, and such child shall be proceeded against as

incorrigible, or otherwise, according to law, and in case of commitment, if the parents or person having control of such child desire it, such child shall be committed to a school or association controlled by persons of the same religious faith as such child, which is willing and able to receive and maintain it without compensation from the public treasury. When in any proceedings under this section there is any doubt as to the age of any child, a verified baptismal certificate or a duly attested birth certificate shall be produced and filed in court. In case such certificates cannot be secured, upon proof of such fact, the record of age stated in the first school enrollment of such child or first school enrollment to be found shall be admissible as evidence thereof.

2. Prosecutions for violation of this section may also be brought in the juvenile court in and for the county in which such violations occur, and said court is hereby granted full and concurrent jurisdiction thereof. [1889 c. 519; 1891 c. 187; Stats. 1898 s. 439a; 1901 c. 251; 1903 c. 189; Supl. 1906 s. 439a; 1907 c. 118, 446; 1913 c. 773 s. 16; 1915 c. 250]

Compulsory vocational school attendance. SECTION 439a-1. Any person between the ages of fourteen and sixteen, living within two miles of the school of any town, or within the corporate limits of any city or village and not physically incapacitated, who is not required by section 439a to attend some public, private or parochial school, and who is not attending a free high school or equivalent of a high school, must either attend some public, private, or parochial school, or attend for at least five hours a week for six months, or four hours a week for eight months, an industrial, continuation, or commercial school, provided such school, or schools, are maintained according to the provisions of sections 553p-1 to 553p-9, inclusive, in the town, village or city in which his parents or guardians reside. This section shall apply only to persons between the ages of fourteen and sixteen living in towns, villages and cities maintaining schools as provided in sections 553p-1 to 553p—9, inclusive, of the statutes. [1915 c. 266]

Truant officers; number in cities; sheriffs to be, where. SECTION 439b. 1. In all cities of the first class the board of education or any board having similar powers, shall appoint ten or more truant officers; in all cities of the second and third classes, such board shall appoint one or more truant officers, and in all cities of the fourth class the chief of police and the police officers may be truancy officers, whose duties it shall be to see that the provisions of this act are enforced.

2. When of his personal knowledge, or by report or complaint from any resident of the city, or by report or complaint as provided herein, a truant officer believes that any child is unlawfully and habitually absent from school and not otherwise receiving instruction as provided in section 439a as amended, he shall immediately investigate and render all service in his power, to compel such child to attend some public, parochial or private school which the person having control of the child shall designate, or if over fourteen and under sixteen years of age, to attend school or become regularly employed at home or elsewhere, and upon failure he shall serve a written notice as required in section 4 of this act and proceed as hereinafter provided against the person having charge of such child. And in all towns and villages the sheriff of the county, his undersheriff, and deputies shall be the truant officers, and it shall be the duty of all truant officers named in this section to enforce the provisions of this act as provided herein. [1889 c. 519; 1891 c. 187; Stats. 1898 s. 439; 1903 c. 189 s. 2; Supl. 1906 s. 4396; 1907 c. 118, 446; 1913 c. 230]

SECTION 439c. [Repealed by 1903 c. 189 s. 3]

Powers of truant officers. SECTION 439ca. Any truant officer within this state shall have power to visit factories workshops, mercantile establishments and other places of employment in their respective localties and ascertain whether any minors are employed therein contrary to law. They may require that the age and school certificates and lists of minors who are employed in such factories, workshops, mercantile establishments and other places of employment, shall be produced for their inspection, and they shall report all cases of such illegal employment to the school authorities of their respective cities, towns, villages or districts and to the commissioner of labor, state factory inspector or any assistant factory inspector. Such truant officer shall receive no compensation from the state for performing such services. [1905 c. 246 s. 1; Supl. 1906 s. 439ca; 1907 c. 118]

Attendance; aid by clerks; records and reports by teachers, public and private; forfeit for failure. SECTION 439cb. It shall be the duty of the school clerk of every school district, the clerks of boards of education, or other officers whose duty it is to take the school census under the law, at the time of taking the school census of their respective districts or cities, to make out three copies of such census reports, on blanks to be furnished by the state superintendent, and send one of such copies by mail, or otherwise to the proper superintendent on or before the fifteenth day of July of each year and at the time of the opening of school in his district, he shall deliver, with the register, a copy of such census report to the teacher employed in said district, and if the school consists of two or

more departments the copy shall be placed in the hands of the principal. In case the district includes within its boundaries, territory lying in two or more counties it shall be the duty of the clerk of such district to make out separate copies of the census reports for each part of said joint district, and forward the same to the proper superintendents; provided that in all cities having a population of two thousand or more the clerk of the board of education or other officer, whose duty it is to take the school census shall not be required to furnish copies of the census returns to the county superintendent, city superintendent or teachers. Said clerks of boards of education and other officers who shall have the care and custody of the school census returns, shall have their offices open at all reasonable hours, and allow and assist superintendents, teachers, and truant officers to examine and secure information from the school census reports on file in their offices, that may, in any way, aid in the enforcement of the provisions of this act. All teachers in public schools except teachers in high schools, shall at the request of the proper superintendent, while school is in session report to him. Said report shall show the name of the school and its location, the name and address of the teacher, the number of months school is maintained during the year, the date of opening and of closing of the school, the names and ages of all children enrolled in their respective schools between the ages of seven and fourteen and fourteen and sixteen, the names and post-office addresses of the parents or other persons having control of such children, the number of the district and the name of the town, city, village and county in which said children reside, the distance such child or children reside from the schoolhouse in the district in which they live by the nearest traveled road, the number of days each such child was present and the number of days such child was absent during each month and such other reports requested by him, said reports to be made on blanks to be furnished by the county, district or state superintendent. It shall be the duty of every school clerk, or the clerk of the board of education to deliver to the teachers in the public schools a sufficient number of blanks as described above, to supply said teachers for one school year; provided that when there shall be enrolled and in attendance at parochial or private schools, children residing in a county or counties other than the one in which the schoolhouse is located, the teachers in such parochial or private schools may make the reports hereinbefore described to the county, district or city superintendent of the county, or the city in which the children between the ages of seven and fourteen and fourteen and sixteen so attending, reside; provided further that in districts that include within their boundaries territory lying in two or more counties, or districts joint with cities having separate superintendents, it shall be the duty of the public school teachers in such joint districts to make separate reports as provided herein to the county, district or city superintendent of the county or city in which the children between the ages of seven and fourteen and fourteen and sixteen so attending reside; and provided that the teachers in cities of two thousand population or more shall not be required to make the report provided herein, except when called upon to do so by the proper county or city superintendent. All teachers of private and parochial schools shall keep a record embodying all the data enumerated in this section, and such record shall be open to the inspection of all truant officers specified in this act, at any and all reasonable times; and provided that when called upon by any truant officer, or superintendent, the teachers in private or parochial schools may furnish in writing on blanks furnished by the truant officer or superintendent the above-mentioned data in regard to any child or children between the ages of seven and fourteen and fourteen and sixteen who claim, or who are claimed to be in attendance upon said school; and every teacher in a public school shall, and every teacher in a private or parochial school may promptly notify the proper truant officer of any child whose attendance is habitually irregular; provided such irregularity is not excused by any provision of this act. Any officer or teacher in a public school who shall fail or neglect to make the reports required by this section as required, or any teacher in a private or parochial school who shall fail to keep a record as required in this section shall be subject to a forfeiture of not less than five nor more than twenty-five dollars for each such failure or neglect, said forfeiture to be sued for by any voter of the district where such officer resides, or where such teacher is employed, and recovered in the same manner other forfeitures are sued for and recovered under the Wisconsin statutes; one-half of the amount of the forfeiture to be paid to the voter bringing the action and the other half to be paid into the school district treasury of the district where such offender resides. [1907 c. 446; 1915 c. 620]

Reports to truancy officers; notice to parents; prosecution. SECTION 439cc. 1. It shall be the duty of the county, district and city superintendents, upon receiving the reports and information as provided in the preceding sections, to compare carefully the reports of attendance and enrollment, with the reports of the last school census on file in his office, and ascertain therefrom the names of all children who are not complying with the provisions of sections 439a to 439cd, inclusive, and it shall be the duty of such super

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