(1) EXERCISES OUTSIDE OF THE SCHOOL-BUILDING.-In 1874, two girls in the Dover (N. H.) high school refused to attend examination and graduation in the city hall on the ground that it was too public. The principal suspended them. The parents applied to Judge Doe for an injunction against the suspension, and the case was referred to the full bench at Concord. The application was denied, on the ground that the subject-matter was within the jurisdiction and discretion of the school authorities.

(2) CATHOLIC HOLIDAYS.-In 1874, certain Catholic children of Brattleboro were expelled from the schools for attending mass on the holy day of Corpus Christi, though their pastor, Father Lane, had asked permission from the committee for their non-attendance at school that morning. Judge Barrett, of the Supreme Court, decided that the committee were legally justified in acting as they did; and went on to show that school committees are supreme in their rights over parents; that a citizen has no more right to disregard the rules made by a school committe than he has to defy the law by which the committee was empowered. He said that if parents be allowed to set their wishes against the rules of the trustees, then practically the ground of system, order, and improvement has no existence, and it makes no difference so far as its effect on the school is concerned whether the detention involves conscience, will, whim, or the pocket1.

(3) THE JEWISH SABBATH.-In 1875, a Jewish girl was expelled from the Sherwin school, Boston, for not attending the Saturday sessions. What followed is told thus :

The father sent a petition to the board. That petition was referred to the Sherwin committee. They heard the father's statement. He explained why he had kept the child from the school, and the position of the Israelites in respect to Saturday, their Sabbath. He asked that he might be permitted to send his child to school five days in the week, keeping her from school every Saturday. It was explained to him why the committee could not officially make such an exceptional arrangement. They respected, however, the father's scruples in regard to work on the Sabbath, and agreed that the child might be excused on Saturdays from what he regarded as manual labor "-writing, ciphering, and the like. The father seemed satisfied with

66

EXCUSES MAY BE REQUIRED

153

the action of the committee; and his child has ever since been a regular attendant upon the school. See page 45.

A CAUTION.-It is therefore safe to consider this the prevailing law, at least in the eastern States. But we believe it is sometimes carried so far as to work our school system serious injury.

In this last case we have intolerance enforcing hypocrisy. The child's religion either does forbid her to work on the Sabbath, or it does not. If it does not, there is no reason why she should not "write, cipher, and the like", as well as the rest. If it does, then she should not attend school at all. Her presence, under these conditions, teaches every Christian pupil in school that one's lesson may be studied or any mental labor done on Sunday which does not involve "writing, ciphering, and the like”.

c. Excuses from parents or guardian may be exacted in case of absence or tardiness1. See page 41.

In Indiana a teacher may chastise a pupil for refusing to give an excuse for absence without leave2.

Teachers are authorized to require excuses from the parents or guardians of pupils, either in person or by written note, in all cases of absence or tardiness or dismissal before the close of the school, and no excuse shall be deemed valid except that of sickness or necessary employment. The teacher shall be the judge of the sufficiency of excuses, subject to an appeal to the directors; provided, that boards of directors may, by formal adoption, change the character of the excuses which shall be deemed valid. (73).

Ore.

Teachers shall require excuses from the parents or guardians of pupils, either in person or by written note, in all cases of absence or tardiness, or of dismissal before the close of school. Sickness of the pupils, or in the family, or some urgent cause rendering attendance and punctuality impossible, or extremely inconvenient, shall be regarded as the only legitimate excuse for absence or tardiness. Ariz. (45).

Among the rules established by the board in a certain district was this:

All pupils will be required to bring written excuses from their parents to teachers for absence, and such excuses must be satisfactory and reasonable, otherwise they will not be granted.

The court commented upon the rule as follows:

The rule in question is not a hard or harsh one. It does not of itself indicate any sinister or malevolent purpose, or wicked force, on the part of the directors. It does not trench upon the rights or dignity of any one. We instantly and properly repel any encroachment upon our rights as citizens. We have a proper pride and ambition in maintaining these rights under any and all circumstances. But I am utterly unable to understand how this simple rule or regulation, requiring the pupil in certain cases to bring a written excuse from its parents to the teacher, is an attack upon, or an abridgment of, our inalienable rights as citizens of this free country 1.

1 65.

CHAPTER VII

CONTROL OF THE CHILD'S STUDIES

Power of the trustees.-That the trustees have power (a) to establish the course of study: that is to select the branches to be taught in school; and (b) to grade or classify the pupils, is undisputed. Whether they have (c) the power to compel every child in school to follow the course of study has been a subject of violent controversy.

a. The course of study is to be prescribed by the trustees1(vii. 47.11; viii. 15.3; D. 1682). See page 43.

In Me. Judge Appleton said that if the legislative code within constitutional limitations should prescribe a course of study however unwise, or books however immoral, he was not aware of any power on the part of the court to interfere2.

In Nev. (appendix, 1895, 3) the State board prescribes the course of study.

In N. D. (43) this power is subject to the approval of the county superintendent. In S. D. (33) teachers must follow the course of study recommended by a majority of the county superintendents of the State, and the superintendent of public instruction.

High schools may be supported by taxation3. Algebra may be included, and rhetoric5, and composition (D. 1687, 1874, Ore. [73]), and declamation" (Minn. [73]; Ore. [73]), and German3.

1 89, 108, 151, 179, 185, 258, 310 a, 411, 420. 3 167, 169, 187, 193, 203. 4 112, 114.

5 340,

154.

6 411.

In Me. (12, 13) ancient and modern languages and music cannot be taught in the high schools except by direction of the superintending school committees. See other restrictions on the following page.

(1) TEXT-BOOKS are also to be adopted by the trustees (xv. 9, 10), and these and these only are to be used by the pupil1.

In New York district schools, the district adopts the text-books. See pages 23, 44, 55.

In Ga. (18) the teacher may not receive pay if he permits the pupil to use other than the prescribed text-books.

(2) REQUIREMENTS.--In New York, as in nearly all States, one requirement is that physiology, so far as it pertains to the hygienic effects of stimulants and narcotics, shall be taught in every school receiving public money2.-S. B. xv. 86; xxi. 210. Drawing must be taught in union schools (xx. 22). For course of study required in high schools, see page 60.

N. D. (47) requires that all reports, records, and proceedings shall be kept in the English language, and that no public money shall be expended in supporting a school in which the English language is not taught exclusively.

Ore. (73) requires stated exercises in composition and declamation.

Ariz. (46) requires in all primary schools vocal and breathing exercises of 3 to 5 minutes each at least twice a day.

Cal. (24) requires that attention must be given to physical exercises, and to the ventilation and temperature of school-rooms.

Ore. (71) requires the teacher to attend to the temperature of the school-room, to see that the doors and windows are open at each intermission, to see that his pupils take exercise, and to encourage healthful play at recess, prohibiting all dangerous and immoral games.

Wash. (3) requires attention during the entire course to the cultivation of manners, the laws of health, physical exercise, ventilation and temperature, and not less than 10 minutes each week to systematic teaching of kindness to animals. Me. (23) makes this last requirement.

1 54, 154, 179, 258, 340, 411. But see 46, 49, 114, 432,

2 171.