25 per cent of the same, to the purchase of books of reference, maps, and apparatus for the use of said schools.

The income of the Todd fund shall be paid to the treasurer of the board of education, to be applied by said board to specific objects in connection with the normal schools, not provided for by legislative appropriation.

Moneys received by a county treasurer under the provisions relating to dogs and not paid out for damages shall in the month of January be paid back to the treasurers of the cities and towns in proportion to the amounts received from such cities and towns; and the money so refunded shall be expended for the support of public libraries or schools. In Suffolk County moneys so received by the treasurer of a city or town, and not so paid out, shall be expended by the school committee for the support of public schools.

Taxation. The several towns shall at their annual meetings, or at a regular meeting called for the purpose, raise such sums of money for the support of schools as they judge necessary; which sums shall be assessed and collected in like manner as other town taxes.

Any town may raise by taxation or otherwise a sufficient sum of money to be expended by the school committee, in their discretion, for the conveyance of pupils to and from the public schools. Any town not maintaining a school of academic grade, but which arranges for such instruction in the school of another town, may pay the necessary transportation expenses of the pupil.

RHODE ISLAND.

1. ORGANIZATION OF THE SYSTEM.

State board of education.—Commissioner of public schools.—Town school committee.-Town superintendent.—District trustees.—Truant officers.

State board of education.-The general supervision and control of the public schools of the State and the enforcement of all rules and regulations necessary for carrying into effect the laws in relation thereto, with such high schools, normal schools, and normal institutes as are or may be established and maintained wholly or in part by the State, shall be vested in a State board of education, which shall consist of the governor and lieutenant-governor ex officio, and of six other members, one from each of the counties of the State, with the exception of Providence County, which shall have two members. Two members of the board of education shall be elected annually at the May session of the general assembly from each county, the term of whose member has expired, who shall hold office three years. Vacancies are filled in the same manner. The governor shall be president and the commissioner of public schools secretary of the board, which shall hold quarterly meetings, unless specially convoked by its president or secretary. The board may grant for the purchase of books in any free public library the sum of $50 for the first 500 volumes it obtains, and $25 for every additional 500 volumes therein, provided that the annual payment shall not exceed the sum of $500. It shall prescribe the character of books which shall constitute such library and regulate its management so as to secure the free use of the same to the people of the town and neighborhood.

The board shall make an annual report to the general assembly. The members shall receive no compensation, but the expenses necessitated by the performance of their duties shall be paid after approval by the general assembly.

Commissioner of public schools. The State board shall annually elect a commissioner of public schools, who shall devote his time exclusively to the duties of his office, and while unable to perform, the governor shall appoint a person to act as commissioner during the continuance of the disability. He may appoint a clerk to assist in the duties of his office, at an annual compensation not exceeding $750.

He shall visit, as often as practicable, every school district in the State for the purpose of inspecting schools and of diffusing as widely as possible by public addresses and personal communication to school officers, teachers, and parents a knowledge of the defects and of any advisable improvements in the administration of the system and the government and instruction of the schools. He shall endeavor to secure uniformity in text-books and promote the establishment of school libraries, and shall report annually to the board of education upon the condition of education in the State schools, with suggestions for their improvement. Town school committee.-The school committee of each town shall consist of three residents of the town or of the same number as previous to the taking effect ED 9469

of this act, divided as equally as may be into three groups, one group retiring from office annually. In a town abolishing all the school districts within its limits, the town school committee shall not be composed of more than seven persons. Vacancies are filled by the town council until the next annual election. The school committee shall meet at least four times in every year. A majority shall constitute a quorum unless the committee consist of more than six, when four shall be. a quorum.

The committee may alter and discontinue districts, locate all school houses, examine applicants for teachers, shall visit by one or more of its number every public school in the town at least twice during each term, once within two weeks of its opening and once within two weeks of its close, examining the register, schoolhouse, library, studies, books, discipline, modes of teaching and of improving the school. It shall make rules and regulations for the attendance and classification of the pupils, for the introduction and use of text-books and works of reference, and for the instruction, government, and discipline of the public schools, and shall prescribe the studies to be pursued therein, under the direction of the commissioner of public schools, and it may suspend incorrigible children. Where a town is not divided into districts, or shall vote to provide schools without reference to such division, the school committee shall manage and regulate such schools and draw orders for the payment of their expenses. Whenever the public schools are maintained by district organization, the committee shall apportion among the districts the town's proportion of the sum of $120,000 received from the State, and in addition at least one-fourth as much more from the town appropriation for the support of public schools; the remainder of the town appropriation and the moneys received from registry and dog taxes, from school funds, and other sources, shall be divided into two equal parts, one to be apportioned to the several districts according to the average attendance at the schools during the preceding year, the other to be apportioned at the discretion of the committee; provided always, that the total apportionment shall not be less than $180, and the district shall have reported in legal manner and form that one or more schools have been taught by a competent teacher in an approved building, that the "teachers' money" of the preceding year has been wholly used in paying teachers, and that the register has been properly kept and deposited. The committee shall make a report annually to the State commissioner and may reserve not more than $40 to defray the expenses of printing it.

Superintendent of town schools.-The school committee of each town shall elect a superintendent of the public schools of the town to perform, under the advice and direction of the committee, such duties and to exercise such powers as the committee shall assign' him, and to receive such compensation as the town may vote.

District school trustees.-Each district shall annually elect a moderator, a clerk, a treasurer, a collector, and either one or three trustees. The trustees shall provide and have the custody of the schoolhouse and other property, and shall employ one or more qualified teachers for every fifty scholars in average daily attendance; shall see that the pupils are supplied with books, and shall provide the same at the expense of the district on failure of parent or guardian to furnish them. Whatever compensation is received by the trustees must be paid by tax levied on the district, and may not be taken out of State or town appropriations.

Truant officers.-The town council of each town and the board of aldermen of each city shall annually appoint one or more special constables and fix their compensation, who shall be truant officers, and who shall, under the direction of the school committee, inquire into all cases arising under the provisions of the compulsory attendance act or any ordinances made by the town or city appointing such officers, and shall alone be authorized, in case of violation of any of the provisions of this act or of any such ordinances, to make complaint therefor; they shall also serve all legal processes issued in pursuance of this act or of any such ordinances, but shall not be entitled to receive any fees for such service: Provided, however, That in case of the commitment of any person under the provisions of any section of this act or of any ordinance made in pursuance thereof, or for default of payment of any fine and costs imposed thereunder, such officer shall be entitled to the regular fees allowed by law for similar service. The truant officers and the school committees of the several towns and cities shall inquire into all cases of neglect of the duty prescribed by this act within their respective towns and cities, and ascertain the reasons, if any, therefor; and such truant officers or any of them shall, when so directed by the school committee, prosecute any person liable to the penalty provided above.

2. TEACHERS.

Appointment and qualifications.-Duties.-Preliminary training.-Meetings. Appointment and qualifications.—No person shall be employed by any trustee to teach, as principal or assistant, in any school supported entirely or in part by the public money, unless he shall have a certificate of qualification signed either by the school committee of the town or by some person appointed by said committee or by the trustees of the normal school, the certificate to be valid for one year, if not otherwise specified, and may be revoked for cause. But no superintendent or school committeeman or trustee may teach in the schools of his town or district. The teacher must be of good moral character and aim to implant in the minds of children committed to his care the principles of morality and virtue. He shall keep a register of the scholars, their names, sex, names of parents or guardians, time of entry and withdrawal, daily attendance, and note by date the visit of a school officer. He shall also prepare the return of the district to the school committee of the town.

Preliminary training.-The normal school shall be under the management of the board of education and commissioner of public schools as a board of trustees. Tuition is free to State pupils having passed the required examination and given satisfactory assurances of their intention to teach in the State public schools at least one year after leaving the school. Graduates in the regular course shall, on recommendation of the principal, receive a diploma. Pupils having attended regularly one term, but living 5 miles distant from the school, may be allowed a sum not exceeding $10 for each quarter year for traveling expenses. The fund for such purpose, however, shall be limited to $1,500.

Meetings.-A sum not exceeding $500 shall be annually allowed to defray the necessary expenses and charges for teachers and lecturers and for teachers' institutes; and a sum not exceeding $300 shall be annually allowed, under the direction of the board of education, for publishing and distributing among the several towns educational publications, providing lectures on educational topics, and otherwise promoting the interests of education in the State.

3. SCHOOLS.

Attendance.-Character of instruction.—Text-books.—Buildings.

Attendance.-Schools must be taught for at least six months by a qualified teacher in an approved schoolhouse.

Every person having under his control a child between the ages of 7 and 15 years shall annually cause such child to attend for at least eighty full school days some public day school in the town or city in which such child resides; and while such child is not lawfully employed to labor at home or elsewhere said person shall cause such child to attend a public day school regularly during the days and hours that the public schools are in session in the city, town, or district where such child resides; and for every neglect of such duty the person so offending shall be fined not exceeding $20; provided, that if the person so charged shall prove or shall present a certificate made by or under the direction of the school committee, setting forth that the child has attended for the required period of time a private day school, approved by the school committee of such town or city, or that the child has been otherwise furnished for a like period of time with the means of education, or has already acquired the elementary branches of learning taught in the pubiic schools, or that his physical or mental condition was such as to render such attendance inexpedient or impracticable, or that the child was destitute of clothing suitable for attending school, and that the person in charge of said child was unable to provide such clothing, or that the child has been excused by the school committee of the town in which such child resides, then such penalty shall not be incurred.

For the purposes of this act the school committee shall approve a private school only when the teaching therein is in the English language and when the persons in charge of such school shall keep the record of attendance of the pupils thereof upon the blanks provided by the State, and shall render to the school committee a detailed report of the attendance of every pupil for any specified time; provided, that the request for such report is made in writing and sets forth that a pupil is suspected of irregular attendance or truancy, and when they are satisfied that such teaching is thorough and efficient; but they shall not refuse to approve a private school on account of the religious teaching therein.

No child under 10 years of age shall be employed in any manufacturing, mechanical, or mercantile establishment, or by any telegraph or telephone company in this State, during the time that the public schools of the town or city in which said child may reside are in session, and any parent or guardian who permits such employments shall for every such offense be fined not exceeding $20.

No child between the ages of 10 and 15 years shall be so employed except during the vacations of the public schools of the city, town, or district in which such child resides, unless during the twelve months next preceding such employment he shall have attended school as provided by this act, or shall have already acquired the elementary branches of learning taught in the public schools, or shall have been excused by the school committee of the town or city in which such child resides; nor shall such employment continue unless such child shall have attended school as above provided each year, or until he shall have acquired the elementary branches of learning taught in the public schools.

No child between the ages of 10 and 15 years shall be so employed who does not present a certificate made by or under the direction of the school committee of the city or town of his compliance with the requirements of the preceding paragraph; and said certificate shall also give the place and date of birth of the child as nearly as may be, and every owner or overseer of any establishment or company shall keep such certificate on file so long as the child is employed. The form of said certificate shall be furnished by the secretary of the State board of education.

Every owner, superintendent, or overseer of any such establishment or company who employs or permits to be employed any child in violation of either of the two next preceding duties, and every parent or guardian who permits such employment, shall be fined not exceeding $20.

The truant officers shall, at least once in every school term, and as often as the school committee require, visit the establishments described in this act, in their respective towns and cities, and ascertain whether its provisions are duly observed, and report all violations thereof to the school committee.

The truant officers shall demand the names of the children under 15 years of age employed in such establishments or company in their respective towns and cities, and shall require the certificates of age and school attendance prescribed in this act to be produced for their inspection, and a refusal to produce such certificates shall be punished by a fine not exceeding $10.

Every owner, superintendent, or overseer of any such establishment or company who employs or permits to be employed therein a child under 15 years of age who can not write his name, age, and place of residence legibly, while the public schools in the town or city where such child lives are in session, shall for every such offense be fined not exceeding $20.

The town council of each town and city council of each city shall make all needful provisions and arrangements concerning habitual truants and children who may be found wandering about in the streets or public places therein, having no lawful occupation or business, not attending school and growing up in ignorance, and shall make such ordinances as will be most conducive to the welfare of such children and to the good order of such town or city, and shall designate or provide suitable places for the confinement, discipline, and instruction of such children. Every minor convicted under an ordinance made under the provisions of this act of being an habitual truant or of wandering about the streets and public places of a town or city, or of having no lawful employment or business, or of not attending school and of growing up in ignorance, shall be committed to any institution of instruction or suitable place designated or provided for the purpose under the authority of said act for a period not exceeding two years.

Children so committed may, on satisfactory proof of amendment or for other sufficient cause, be discharged from such institution or place by the court which committed them.

The school committee of the several towns and cities shall annually report to the State board of education whether their towns or cities have made the provisions required by this act; and in case the town council of any town or the board of aldermen and city council of any city shall in any year refuse or neglect to comply with any of the provisions of this act as relates to them, after having been duly notified by the commission of public schools, 50 per cent of the money apportioned to such city or town from the State for school purposes shall be withheld until they have fulfilled the duties imposed by this act.

All fines under the provisions of this act shall inure and be applied to the support of public schools in the town or city where the offense was committed.

The district courts of the State shall have jurisdiction in their respective districts of all cases arising under this act and all ordinances passed in conformity with this act.

No officer making complaint under any of the provisions of this act, or under the provisions of any ordinance that may be passed in pursuance thereof, shall be required to give surety for costs; and such officer shall in no way become liable for any costs that may accrue on such complaint.

Character of instruction.-The school committee shall prescribe the studies to be pursued in the public schools, and shall include instruction in the injurious effects of stimulants and narcotics upon the human system. Any two or more adjoining school districts may by concurrent vote establish a school for the older and more advanced children of such districts. Evening schools must be maintained by the towns under the general supervision of the State board. [Instruction must be carried on in English.]

Text-books.-The school committee of every city and town shall purchase, at the expense of such city or town, text-books and other school supplies used in the public schools, and said text-books and supplies shall be loaned to the pupils free of charge, subject to rules and regulations prescribed by the committee.

In towns divided into districts, the district trustees shall provide, at the expense of the district, a suitable bookcase in each schoolroom for the books and supplies furnished by the school committee.

A change may be made in the school books in the public schools of any town by a vote of two-thirds of the whole committee, provided that no change be made in any text-book in a town oftener than once in three years, unless by the consent of the State board of education.

The sum of $3,000 shall be annually appropriated for the purchase of dictionaries, encyclopedias, and other works of reference; maps, globes, and other apparatus, to be distributed to towns or districts making an appropriation for the same purpose, each town to receive not more than $200 if not divided into districts, districts to receive not more than $20, provided they have raised at least double such sums. Buildings.-All schoolhouses shall be located by the town school committee, established by the districts, when the town has not assumed control of schools, and be approved by the town school committee. No one shall maintain a nuisance. as swine in a pen, within 100 feet of the inclosure of a schoolhouse.

FINANCES.

Funds (permanent or special).-Taxation.

Permanent school fund.-The general treasurer, with the advice of the governor, shall have power to regulate the custody and safe-keeping of the fund for the support of public schools, and shall keep the same securely invested in the capital of some safe and responsible bank or banks or in bonds of towns or cities within this State. The money that shall be paid into the State treasury by auctioneers for duties accruing to the use of the State is appropriated annually to the permanent increase of the school fund. All money for the support of public schools appropriated to towns and by them forfeited shall be added to the permanent fund. [The registry and dog taxes are mentioned, and in general see Organization; Town school committee.]

Taxation. The sum of $120,000, to be denominated "teachers' money," shall be annually paid out of the income of the permanent school fund and from other money in the treasury for the support of public schools to be apportioned among the several towns by the commissioner of public schools as follows: The sum of $100 shall be apportioned for each school not to exceed 15 in number in any one town, the remainder to be apportioned in proportion to the number of children from 5 to 15 years of age, inclusive, in the several towns according to the school census then last preceding. No town shall receive any part of this appropriation unless it raise by tax for the support of public schools a sum equal to the amount it may receive from the State treasury, and neglect or refusal to levy this tax by the 1st day of July forfeits the delinquent town's share of the State appropriation. There shall be an annual appropriation for the support and maintenance of evening schools in the several towns under the general supervision of the State board of education, who shall apportion said appropriation among them.

Every town shall establish and maintain, with or without forming districts, a sufficient number of public schools, and towns may at any legal meeting grant and vote such sums of money as they shall judge necessary for the support of schools, purchase of sites for and the erection and repair of schoolhouses, and for the establishment and maintenance of school libraries.