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when temporarily discharged by his employer for the purpose, attend school for the period for which temporarily discharged, unless excused by the inspectors of factories and workshops for legalized reasons. Failure to comply with the foregoing provisions shall be a misdemeanor punishable by a fine of $10 to $25 or imprisonment for not less than one month nor more than three.

All children who are habitual truants, or are as scholars incorrigible, or are vagabonds, shall be deemed juvenile disorderly persons and are subject to the provisions of the compulsory attendance act, and it is the duty of the truant officers to examine into all such cases when requested to do so by the school board or factory and workshop inspectory and warn the delinquent parent or guardian of the consequence. If the parent or guardian be recalcitrant, the truant officer shall complain of him to any court of competent jurisdiction in the school district, where he may be fined or compelled to give bond for the performance of his duty. The foregoing provisions are not to operate in those school districts of the State where accommodations are insufficient.

The trustees of a school district may pay 50 cents to have a child vaccinated, the indigent parents consenting.

No boy under the age of 12 nor girl under 14 shall be employed in any factory, workshop, mine, or establishment where the manufacture of any goods whatever is carried on. Nor shall any child between 12 and 15 years of age be so employed unless it has attended some public day or night school within twelve months immediately preceding, or some well-recognized private school, such attendance to be for five days or evenings every week during a period of twelve consecutive weeks, which may be divided into two terms of six consecutive weeks each so far as the arrangement of school terms will permit. Every employer guilty of violating the foregoing provision shall be liable to a penalty of $50 for each offense. The governor shall appoint, with the advice and consent of the senate, some suitable person, who shall be a resident and citizen of the State, as inspector, at a salary of $1,200 a year, for a term of three years, whose duty it shall be to visit the factories, workshops, mines, and other establishments in the State and note violations of the foregoing provisions in regard to the employment of children.

Character of instruction.-All persons are required to instruct or to have instructed their children or wards in spelling, reading, writing, English grammar, geography, and arithmetic. [The subjects upon which teachers are examined (see also Organization, School trustees) may be regarded as indicating the permitted studies of the public schools.] Evening schools are established, and any board of school trustees or board of education which notifies the State superintendent that not fewer than $500 have been raised by special district tax for the establishment of a school or schools for manual training or for the purpose of adding manual training to the course of instruction now pursued in the school or schools of such district shall be entitled to an equal sum from the State, and so on for each year the instruction in manual training is maintained, provided the State board approves the character of instruction or the sum appropriated from the State school fund does not exceed $5,000. Whenever the local school authority certifies that $3,000 have been raised by subscription for the purpose of introducing industrial education, it shall be the duty of the governor to appropriate an equal sum, provided such appropriation shall not exceed $5,000 in any one year, and any city, town, or township is authorized to tax itself for the support of such instruction. There shall be a board of trustees for each of such schools, of which the governor is ex officio president. No religious service or form of any kind, except reading the Bible and repeating the Lord's Prayer, shall be permitted in any public school.

Text-books.-The trustees of all public schools are authorized to provide such text-books and other school supplies as shall, pursuant to existing law, be approved by the county superintendent and such boards of trustees, and supply the same free to the use of the pupils in said schools, provided that when any pupil shall lose, deface, or destroy any book supplied to such pupil under the provisions of this act the parents or guardians of such pupil shall replace such book so lost, defaced, or destroyed, or shall be liable to damages. The payment of such textbook and supplies shall be provided by special district tax.

Buildings. Before any district may receive money from the State it must have provided a suitable school building and outhouses, the doors of the building proper to open outward if more than one story high. Land for schoolhouse sites may be condemned. The State superintendent shall furnish a work containing plans and specifications for the erection of school buildings to be furnished to local school officers. Anyone defacing or injuring a school building or any of its appurtenances shall be considered a disorderly person and may be arrested. The national flag shall be displayed upon or near all schoolhouses during the session of the school.

4. FINANCES.

Funds (permanent and special).—Taxation.

Funds.-The governor, the president of the senate, the speaker of the house, attorney-general, secretary of state, and comptroller are trustees of the fund for the support of public schools.

All moneys paid into the State treasury after 1890 as the proceeds of sales. grants, or leases made of lands under water belonging to the State shall be deemed a part of the current revenue of the State; provided that nothing in this provision shall be construed as transferring from the State school fund any right, title, interest in any securities or property now a part of the assets of that fund or as any way impairing the right of the school fund to the proceeds or income derived from any security or property now belonging to said school fund. [By an act of 1872 all leases made after the 6th of April, 1871, of lands now or formerly "lying under water shall be transferred to the trustees of the school fund and become a portion of the State school fund, and the annual income arising from such leases shall be distributed by the trustees for the support of public schools in the same manner as other moneys are now distributed.] The fund thus arising from riparian rights, together with all the moneys which shall be received by the treasurer in payment of the principal or interest of the bank or turnpike stock belonging to the fund, all the taxes which may hereafter (1886) be received into the treasury from any of the banking and insurance companies in the State, liable to taxation now or hereafter, all appropriations made to the fund, and all gifts from persons shall be invested by the treasurer of this State under the direction of said trustees, or a majority of them, in the bonds of the United States, or of the State, or any county, city, town, or township, in cases where the total indebtedness of the bonding community does not exceed 15 per cent of the total assessable valuation of taxable property within itself, the interest to be applied to the public schools. The trustees shall report annually to the legislature and receive no compensation. From this fund there shall be annually appropriated as much as will meet the followingnamed charges:

Twenty-eight thousand dollars for the support of the State normal school and necessary repairs, furniture, and keeping the grounds in order.

The salary and the necessary incidental expenses of the State superintendent and his assistants and the expenses of the board of education.

The cost of teachers' institutes.

The cost of free public libraries.

The cost of Farnum Preparatory School at Beverly.

The State's proportion of the cost of technical education (see Schools, character of instruction).

The taxed costs of foreclosure proceedings instituted by trustees and other expenses at law.

Taxation.-For the purpose of maintaining free public schools there shall be assessed, levied, and collected annually upon the real and personal property a State school tax equal to $5 for each child in this State between the ages of 5 and 18 years. It is the duty of the comptroller to apportion the tax among the several counties. Ten per cent of the full amount of money annually raised by State tax shall be known as a reserve fund, and shall be apportioned among the several counties of the State by the State board of education equitably and justly according to their own discretion, and the State superintendent shall draw orders on the comptroller in favor of the county collectors for the payment of 90 per cent of the amount of school tax paid by their counties, respectively, no portion of the money to be used for sectarian schools. In addition to the moneys apportioned to it by the county superintendent each school district may raise by tax such other sums of money as it may need for school purposes as determined by the voters at the time of electing trustees.

The 1895 edition of the school law gives the law of 1871 as in force and recites that "all moneys hereafter received from the sales and rentals of land under water belonging to the State shall be paid over to the trustees of the school fund and appropriated for the support of public schools * * the same to constitute a part of the permanent school fund of the State."

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PENNSYLVANIA.

1. ORGANIZATION OF THE SYSTEM.

State superintendent and deputy.-County superintendent.-Directors and controllers.-Local superintendents.

State superintendent.-A superintendent of public instruction shall be appointed by the governor every fourth year, by and with the advice and consent of twothirds of all the senate, and shall be removed by the governor for misbehavior. He shall decide without appeal or costs all controversies or disputes that may arise or exist among the directors or controllers of any district or between collectors or treasurers; give advice, explanations, construction, or information to the district officers and citizens relative to the common-school law, the duties of common-school officers, the rights and duties of parents, guardians, and pupils, and the management of the schools, and all other questions calculated to promote the cause of education; sign orders on the State treasurer for payment of State money to the school districts, prepare blank forms for the annual district reports with suitable instructions and forward them, prepare an annual report containing a full account of the condition of the public schools, the expenditure for them, estimates for the year ensuing, the number of pupils, the cost of teaching each, the number of districts, plans for the improvement of the system, and all such matters relating to the concerns of common schools and to the duties of his office as he may deem expedient to communicate, provide a seal for the authentification of official documents, appoint one of his clerks general deputy, who may perform all his duties in his absence, and remove any county superintendent for neglect of duty. County superintendents.-The school directors [of the several districts] in each county shall meet in convention at the county seat of justice every three years and select viva voce by a majority of the whole number present one person of literary and scientific attainments (college diploma, State or local certificate), and of three years' experience in the art of teaching and good moral character, as county superintendent for three succeeding school years. His salary shall be $4.50 for each school in his jurisdiction at the time of his election, to be paid out of the general fund appropriated for common schools, but in no case to be less than $1,000 nor more than $2,000. School directors may increase the county superintendent's salary from the school fund of the county, and in counties having over 290 schools or 1,200 square miles of territory or a school term exceeding seven and one-half months the salary paid shall not be less than $1,500. The county superintendent may not teach in the public schools unless he do so without compensation. He shall take oath to perform his duties to the best of his ability; visit as often as practicable the several schools of his county, noting the character of instruction and the methods, and giving directions upon these subjects in order to bring the teaching up to the grade intended and the grades into ordination and the schools into uniformity; see that the branches required by law are taught by legally competent teachers, examine all candidates for teaching, grant certificates to qualified persons and revoke the same for cause; annually report to the State superintendent in extenso upon the educational condition of their counties and forward the reports of the several school districts thereof, and hold teachers' institutes annually.

Directors and controllers.—Every township, borough, and city of this Commonwealth, or which shall hereafter be erected, shall be a school district. School districts which are composed of cities and boroughs divided into wards for school purposes shall be constituted as follows: Each ward shall retain its school property and elect a separate board of directors, who shall have the erection and repair of schoolhouses, the purchase of sites, and the levying, assessing, collecting, and disbursing of all taxes laid for the above purposes, but other powers and duties which are exercised by district school directors shall be in the hands of a board of controllers, composed of the directors of the several wards, provided that whenever the ward boards of directors shall voluntarily grant the property of their wards to the board of controllers the city or borough shall constitute a single school district, but the number of directors shall thereafter be three for each ward.

School directors shall be elected annually in other districts as follows: At the same time and place that elections are held for supervisors in wards, cities, or boroughs two qualified citizens shall be elected school directors in each district, whose term of office shall be three years, vacancies to be filled by the board. No school director may be also a constable, pathmaster, commissioner of roads, or auditor. Failure to attend two consecutive meetings on the part of a member,

and the failure of all the members of the board of directors or controllers to levy a tax to keep the schools in operation or provide schoolhouses, vacates the delinquent member's seat, in the first case, and vacates the seats of every member, in the second. The board elects a president, secretary, and treasurer, and holds a meeting at least once in every three months.

The district board of directors and the municipal board of controllers have the following duties and powers: To establish a sufficient number of schools, to employ teachers, to direct what branches shall be taught and books used, to expel all incorrigible children, to purchase and issue text-books and other necessary supplies and to report the amount expended for such supplies, to grade the schools, to pay expenses of the schools by drafts on the district treasurer, and to report and publish annually a statement of the financial operations of the district in not fewer than ten written or printed handbills, to be posted in the most public places of the district, and also to make a statement to the auditor.

The board of controllers of school districts which are composed of cities or boroughs divided into wards for school purposes, or boroughs not so divided but having a population of 5,000 or more, shall possess the following additional powers and have the following duties: They may establish high schools, and shall admit all under 21 properly prepared to enter upon its course of study, and, in general, shall exercise supervision over it, appointing its teachers and establishing its course of study, purchasing land and erecting buildings, and maintaining it for not fewer than ten months in the year.

Cities of under 100,000 inhabitants are constituted one school district, each ward to elect two members of the board of controllers for four-year terms, one going out biennially.

City, borough, and township superintendents.-School directors in any city, borough, or township having a population of over 5,000 may elect one person of literary and scientific acquirements and skill and experience in the art of teaching as city or borough superintendent for the three succeeding school years; and they shall determine his compensation. After the certification of the election of the superintendent to the State superintendent of public schools the schools of the city, borough, or township shall not be subject to the authority of the county superintendent. The municipal superintendent is to perform the duties of the county superintendent and such as may be imposed by his board of directors, to report monthly to the State superintendent, and attend meetings of superintendents called by him.

2. TEACHERS.

Appointment, qualifications, and duties.-Preliminary training.-Meetings. Appointment, qualifications, and duties.-No district employing a teacher who has not a valid certificate from the county or [local] superintendent shall receive money from the State treasury. ["No teacher shall be employed in teaching any branch of learning other than those enumerated in his or her certificate."] No teacher shall be employed or dismissed except by the vote of the whole number of the directors or controllers of any common-school district. No person shall receive a certificate from a county, city, borough, [or township] superintendent who has not a fair knowledge of orthography, reading, writing, geography, English grammar, mental and written arithmetic, history of the United States, the theory of teaching, and of the effect of alcoholic drinks, of stimulants and narcotics; but no person using intoxicating drinks as a beverage shall be granted a certificate. The certificate shall state the proficiency of the holder in each branch.

The teacher must report monthly to the local school board the number and sex of pupils in attendance, the books used, and branches taught, or forfeit pay.

Preliminary training.-The State is divided at present into 13 normal school districts. When 13 or more citizens shall, as contributors or stockholders, erect and establish a school for the professional training of young men and women as teachers for the public schools of the State, the State students in that school shall be paid 50 cents a week, and if he graduate and sign an agreement to teach for two years in the State, $50 additional shall be paid. The affairs of each school are to be managed by a board of 18 trustees, 12 elected by the contributors and 6 appointed by the State superintendent, and it shall require a three-fourths vote to pass a motion for the sale or purchase of real estate. The governor, superintendent, and attorneygeneral are a commission to distribute the State money to the schools. The trustees report annually to the superintendent, and are always subject to his inspection. To obtain State aid the following requirement must be met: Suitable building, surrounded by an area of 10 acres; a hall to seat 1,000 persons, with class rooms, etc., to accommodate 300 or more students, properly supplied with heating appa

ratus, adequately lighted and ventilated, and provided with a place for physical exercise in inclement weather, a library, 6 professors or more, one each in orthography, in reading and elocution, in writing, drawing, and bookkeeping, in arithmetic and higher mathematics, in geography and history, in grammar and English history, and in theory and practice of teaching, together with such professors of natural, mental, and moral sciences, languages, and literature as the condition of the school and the number of students may require. The principal shall be a professor of one of the required branches. There shall be a model school of not fewer than 100 children. The principals shall fix the requisites for admission and the course and duration of study. The examination of the graduating class shall be conducted by a board composed of two principals, one of whom shall be the principal of the school whose pupils are under examination, the State or the deputy State and two county or local superintendents of the normal school district being present, and no person shall graduate unless by a vote of 4 out of the 5 members. Graduates are given a certificate of their scholastic qualifications throughout the State, but after two years of teaching a certificate of competency in teaching (teachers' State certificate) shall be given. Actual teachers in good standing, having taught three full annual terms, may also take the examination. Meetings.-Annually the county superintendent shall hold an institute, at which all the teachers of the county are required to be present without loss of pay. The duration of the institute is five days, one half day being allowed to come from and another to return home. The county superintendent shall draw from the county treasury for every three days' attendance of a teacher the sum of $1 to defray the expenses of lecturers and instructors. It shall be lawful, however, for the board of directors or controllers which has elected a superintendent and employs not fewer than 75 teachers to hold a separate annual teachers' institute and to draw npon the county treasury in the manner laid down for the county superintendent.

3. SCHOOLS.

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

Attendance. The board of directors or controllers shall provide a sufficient number of schools for the education of every individual above the age of 6 and under 21 years of age for four to ten months, without regard to race or color.

No minor under 13 years of age shall be employed in cotton, woolen, silk, paper, bagging, or flax factories; any owner or employer of, or in any of said factories, or agent therefor, willfully or knowingly employing any such minor shall pay a fine of $50 for each offense. No minor between the ages of 13 and 16 years shall be employed in such factories longer than nine calendar months in any one year, and not unless he shall have attended school at least three consecutive months within the same year. No boy shall be employed in any mine unless proof be given that he is 12 years old.

Character of instruction.-It is the duty of each county superintendent to see that there be taught orthography, reading, writing, English grammar, geography, arithmetic, and physiology in reference to stimulants, as well as such other branches as the board of directors or controllers may require, all to be taught by qualified teachers. Failure of a local board in these respects works forfeiture of State money. District boards have power to grade schools, and boards in cities and boroughs having a population of 5,000 or more, may establish a high school and fix its course of study, appoint its teachers, and maintain it for ten months in the year. Upon the application of the parents of 20 or more children above 6 years of age, the school board shall open an evening school, giving instruction in reading, writing, arithmetic, and such other studies as may be prescribed by the board. The term of such school is to be not fewer than four months of twenty evenings of two hours each, but if the average attendance falls below 15, the school may be closed. In certain cities central boards of education are provided, to establish and maintain schools for the instruction in the mechanic arts and kindred subjects; instruction in such schools may be given in the day or evening, and may include chemistry, mathematics, natural philosophy, and other branches pertaining to the mechanic arts.

Text-books.-No series of text-books shall be adopted in any school district unless by affirmative vote of the whole number of the directors or controllers, and their votes shall be recorded by name; nor shall any text-books be changed until three years after their adoption. The board shall purchase text-books and other necessary supplies for the schools as the occasion demands, and such books and supplies shall be furnished free of cost to the pupils, subject to regulations.

Buildings.-Suitable buildings and outhouses must be supplied by the board of directors for all children of school age.

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