normal schools, appoint and remove their teachers, and make rules for their management; shall file semiannually with the comptroller, to be audited by him, a statement of the receipts and expenses on account of them, and shall annually make to the governor a report, for transmission to the general assembly, of their condition.

Meetings. (See under Organization-State board of education.)

3. SCHOOLS.

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

Attendance. All parents and those who have the care of children shall bring them up in some honest and lawful calling or employment and instruct them or cause them to be instructed in reading, spelling, writing, English grammar, geography, and arithmetic; and every parent or other person having control of any child over 8 and under 16 years of age whose physical or mental condition is not such as to render its instruction inexpedient or impracticable shall cause such child to attend a public day school regularly during the hours and terms while the public schools in the district wherein such child resides are in session or to elsewhere receive thorough instruction during said hours and terms in studies taught in public schools. But children over 14 years of age shall not be subject to the requirements of this section while lawfully employed to labor at home or elsewhere. But this section shall not be construed to exempt any child who is enrolled as a member of a school from any rule concerning regularity of attendance which has been enacted by the town school committee, board of visitors, or board of education having control of school.

Each week's failure on the part of any person to comply with the provisions of the preceding section shall be a distinct offense, punishable with a fine not exceeding $5. But said penalty shall not be incurred when it appears that the child is destitute of clothing suitable for attending school and the parent or person having control of such child is unable to provide such clothing, or its mental or physical condition is such as to render its instruction inexpedient or impracticable. All offenses concerning the same child shall be charged in separate counts, joined in one complaint. When a complaint contains more than one count, the court may give sentence on one or more counts and suspend sentence on the remaining counts. If at the end of twelve weeks from the date of the sentence it shall appear that the child concerned has attended school regularly during that time, then judgment on such remaining counts shall not be executed.

Attendance of children at a school other than public shall not be regarded as compliance with the provisions of the laws of the State requiring parents and other persons having control of children to cause them to attend school, unless the teachers or persons having control of such school shall keep a register of attendance in form and manner prescribed by the State board of education for the public schools, which register shall at all times during school hours be open to the inspection of the secretary and agents of the State board of education, and shall make such reports and returns concerning the school under their charge to the secretary of the State board of education as are required from the school visitors concerning the public schools, except that no report concerning expenses shall be required; and it shall be the duty of the secretary of the State board of education to furnish to the teachers or persons having charge of any school, on their request, such registers and blanks for returns as may be necessary for compliance with the provisions of this section.

No child under 14 years of age shall be employed in any mechanical, mercantile, or manufacturing establishment. Any person acting for himself or as agent in any way whatever of any mechanical, mercantile, or manufacturing establishment who shall employ or authorize or permit to be employed in such establishment any child in violation of the preceding section shall be fined not more than $60, and every week of such illegal employment shall be a distinct offense; Provided, That no person shall be punished under this section for the employment of any child when at the time of such employment the employer shall demand and thereafter during such employment keep on file the certificate of any town clerk, or of the teacher of the school where such child last attended, stating that such child is more than 13 years of age, or a like certificate of the parent or guardian of such child in such cases only where there is no record of the child's age in the office of the town clerk and such child has not attended school in this State. Any parent or guardian who shall sign any certificate that his child or

EDUCATION REPORT, 1904.

ward is more than 14 years of age when in fact such child or ward is under 14 years of age shall be fined not more than $60.

No child under 14 years of age who has resided in the United States nine months shall be employed to labor unless such child shall have attended a day school in which instruction has been regularly and thoroughly given in the branches of education required in the public schools during at least twelve weeks or sixty full school days of the twelve months next preceding any month in which such child shall be so employed nor unless six weeks at least of this attendance have been consecutive. trary to the provisions of this section shall be fined not more than $60. Any person who shall employ a child conWhenever the school visitors, town school committee, or board of education of any town or district shall by vote decide that a child over 14 and under 16 years of age has not schooling sufficient to warrant his leaving school to be employed, and shall so notify the parent or guardian of said child in writing, the parent or guardian of said child shall cause him to attend school regularly during the days and hours that the public school in the district in which said parent or guardian resides is in session, and until the parent or guardian of said child has obtained from said board of school visitors, town school committee, or board of education a leaving certificate stating that the education of said child is satisfactory to said visitors, town school committee, or board of education: Provided. That said parent or guardian shall not be required to cause his child to attend school after the child is 16 years of age. failure on the part of a person to comply with the provisions of this section Each week's shall be a distinct offense, punishable with a fine not exceeding $5.

No person over 14 and under 16 years of age who can not read and write shall be employed in any town where evening schools are established unless he can produce, every school month of twenty days, a certificate from the teacher of an evening school showing that he has attended such, school twenty consecutive evenings in current school year and is a regular attendant. Any person who shall employ a child contrary to the provisions of this act shall be fined not more than $50.

It shall be the duty of every parent or other person having control of a child under 14 years of age to furnish the employer of such child a certificate signed by the teacher, school visitor, or committee of the school which the child attended, showing that the child has attended school as required by the preceding section. The employer of any such child shall require such certificate, shall keep it at his place of business during the time the child is in his employment, and shall show the same when demanded, during the usual business hours, to any school visitor of the town where the child is employed, or to the secretary or agent of the State board of education. Said certificate shall be evidence that the child has attended school as the law requires.

Any parent, or any person having control of a child, who, with intent to evade the provisions of this chapter, shall make any false statement concerning the age of such child, or the time such child has resided in the United States, or shall instruct such child to make any such false statement, shall be fined not more than $7 or be imprisoned not more than thirty days.

The school visitors in every town shall, once or more in every year, examine into the situation of the children employed in all its manufacturing establishments, and ascertain whether all the provisions of this chapter are duly observed, and report all violations thereof to one of the grand jurors of the town. The selectmen in every town shall inspect the conduct of the heads of families, and if they find any who neglect the education of the children under their care may admonish them to attend to their duty; and if they continue negligent, whereby the children grow rude, stubborn, and unruly, they shall, with the advice of a justice of the peace, take such children from those who have the charge of them and bind them out to some proper master or to some charitable institution or society incorporated in this State for the care and instruction of such children-males till 21 and females till 18 years of age-that they may be properly educated and brought up in some lawful calling.

Each city and town may make regulations concerning habitual truants from school, and children between the ages of 7 and 16 years wandering about its streets or public places, having no lawful occupation, nor attending school, and growing up in ignorance, and such by-laws, also respecting such children, as shall conduce to their welfare and to public order, imposing suitable penalties, not exceeding $20 for any one breach thereof; but no such town by-laws shall be valid until approved by the superior court in any county.

Any boy arrested thrice for truancy, if not immediately returned to school,

shall be taken before a judge of the criminal or police court or any justice of the peace, and if it appear that the boy is idle, vicious, and truant, he may be committed to a reformatory institution. Upon the request of the parent or guardian of any girl between 8 and 16 years of age a warrant may be issued for her arrest, and, the facts appearing against her, she may be sent to a reformatory institution for girls.

Public schools shall be maintained for at least thirty-six weeks in every school district, and no town shall receive any money from the State treasury for any district unless the school therein has been kept during the time herein required, but no school need be maintained in any district in which the average attendance of persons at the school in said district during the preceding year, ending the 31st day of August, was less than eight; and said school shall be open to all children over 4 years of age in the respective districts, without discrimination on account of race or color.

Character of instruction.-In the public schools shall be taught, by teachers found duly qualified by the school visitors or other legally qualified body, reading, spelling, writing, English grammar, geography, and arithmetic, and such other studies, including training in manual arts and the principles of vocal and instrumental music, as may be prescribed by the board of school visitors.

The duties of citizenship shall be taught in the public schools. The State board of education shall prepare and distribute to every school an outline of questions and suggestions relating to said subject, and said outline may be used in said schools.

In addition to the schools required by law in every town, any town may establish and maintain schools of a higher grade within its limits, and for such purpose purchase, receive, hold, and convey any property, build and repair schoolhouses, lay taxes, and make contracts and adopt regulations for the management of such schools.

Any town or school district may establish and maintain a kindergarten school, which any child over 3 and under 7 years of age residing in such town or school district may attend.

Every town and school district having 10,000 or more inhabitants shall establish and maintain evening schools for the instruction of persons over 14 years of age in such branches as the proper school authorities of the town or district shall prescribe, and on petition of at least 20 persons over 14 years of age for instruction in any one study usually taught in a high school, which persons, in the opinion of the board of school visitors, town school committee, or board of education, are competent to pursue high school studies, said town or district shall provide for such instruction.

Every town in which a school has been discontinued shall furnish, whenever necessary, by transportation or otherwise, school accommodations so that every child over 7 and under 16 years of age can attend school. If any town refuses or neglects to furnish such accommodations, the parent or guardian of any child who is deprived of schooling, or any agent or officer whose duty it is to compel the observance of the laws concerning attendance at school, may, in writing, request a hearing by the town school committee, board of school visitors, or board of education, as the case may be, and said officers shall give such person a hearing within ten days after receipt of his written request therefor and shall make a finding within ten days after said hearing.

Text-books. Any town, at its annual meeting, may direct its school visitors, or board of education or town committee to purchase at the expense of said town the text-books and cther school supplies used in the public schools of said town, and said text-books and supplies shall be loaned to the pupils of said public schools free of charge, subject to such rules and regulations as the school visitors or the board of education or town committee may prescribe.

Buildings. No district shall be entitled to receive any money from the State or town unless it has a schoolhouse and outbuildings satisfactory to the board of school visitors.

No new schoolhouse shall be built except according to a plan approved by the board of school visitors and by the building committee of such district, nor at an expense exceeding the sum which the district may appropriate therefor.

The vote of two-thirds of those present and voting at a meeting of the district shall be necessary to fix or change the site of a schoolhouse; but if such twothirds vote can not be obtained in favor of any site, the school visitors of any town adjoining the town or either of the towns in which such district is, on

ED 1904 M- -19

application of the district, shall, after conferring with the school visitors of the town or towns in which such district is situated, fix the site and make return to the town clerk of the town in which such site is to be, and shall receive a reasonable compensation for their services from said district.

Any school district may take land which has been fixed upon as a site, or addition to a site, of a schoolhouse for a public school, and which is necessary for such purposes and for necessary outbuildings and convenient accommodations for its schools, upon paying to the owner just compensation.

Any person willfully injuring a schoolhouse or its appurtenances shall be fined $20 or imprisoned ninety days, or both. Any person who shall enter a place of instruction with criminal intent shall be imprisoned not more than four years. No schoolhouse premises may be inclosed with barbed wire, nor, under penalty of from $25 to $100, display the flag or emblem of any foreign nation.

4. FINANCES.

Funds (permanent and special)—Taxation.

School fund of Connecticut.-The fund called the school fund shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public or common schools throughout the State, and for the equal benefit of all the people thereof. The value and amount of the fund shall, as soon as practicable, be ascertained in such manner as the general assembly may prescribe, be published, and recorded in the comptroller's office; and no law shall ever be made authorizing said fund to be diverted to any other use than the encouragement and support of public or common schools among the several school societies as justice and equity shall require. (Constitution of Connecticut.)

The income of the school fund which, after deducting all expenses attending its management shall remain in the treasury on the 28th day of February in each year, and also $1.50 for every person between 4 and 16 years of age belonging to any school district, as ascertained from the last returns of the school visitors, shall annually, as soon as may be after said day, be divided and distributed by the comptroller among the several towns in proportion to the number of persons in each between the ages of 4 and 15 years, as ascertained from said returns; and he shall transmit the amount distributed to each town to its treasurer on the application of its school visitors or of its school committee, if such town constitute but one school district; but no such money shall be transmitted to any town until the comptroller shall have received from its school visitors or committee a certificate signed by them or their chairman and secretary, and substantially in the following form:

We, the school visitors of the town of -, certify that the schools in said town have been kept for the period required by law during the year ending the 31st day of August last by teachers duly examined and approved, and have been visited according to law; and that all moneys drawn from the public treasury by said town for said year appropriated to schooling have been faithfully applied and expended in paying for teachers' wages, and for no other purpose whatever.

Whenever it shall be found that the amount of income from the school fund is not sufficient to make a distribution of 75 cents for each enumerated child 4 to 16 years of age, it shall be the duty of the comptroller, upon the written request of the commissioner of the school fund, to draw upon the treasurer to an amount sufficient to make good the deficiency in the income of the school fund to meet the distribution of not less than 75 cents per capita required by law.

Town deposit fund.-The money received from the United States in pursuance of the act of Congress of 1836 shall be or remain deposited with the several towns which have received or shall agree to receive it, on the terms hereinafter specified, in the proportion established by law; and the treasurer shall deliver it to the agents of such towns as have not received it on receiving receipts therefor signed by such agents and a certified copy of the vote of the town to

receive its proportion of said money on the terms and conditions herein specified and appointing an agent to receive the same.

The condition on which any town shall receive its share of the said money shall be that it shall keep the money as a deposit in trust for the State, and account for the same when called for; and that until called for it shall appropriate the entire income thereof annually for the support of public schools therein.

Taration. The school visitors and selectmen in each town shall meet as a joint board in June annually and prepare a statement of the estimated cost of maintaining the public schools in the town, and shall immediately notify the committees of the several school districts of the amounts so fixed. They, as a joint board, shall also report the same fact to the town in annual meeting, and in October shall fix the amounts necessary to pay the teachers, for fuel, and other incidental expenses of the schools in the town, and shall notify the districts of the several amounts so fixed. All taxes imposed by any school district shall be levied on the real estate situated therein and the ratable personal property of those persons who belong to said district at the time of laying such tax, and upon any manufacturing or mechanical business subject to taxation. This paragraph shall not apply to towns which have consolidated their school districts the estimates of school expenses of which are prepared by the town school committee and reported to the town meeting.

Local school authorities of places maintaining evening schools shall certify to the comptroller the average number of evening scholars, and the comptroller shall draw his order on the State treasurer to the sum of $2.25 for each scholar certified, provided the school has had sessions and the authorities have reported progress and condition to the State board.

Every town having a valuation of less than $500,000 may annually receive from the treasurer of the State upon the order of the comptroller a sum which will enable the town to annually expend for the support of public schools $25 for each child in average attendance, as determined by the attested school registers for the school year ending July 14: Provided, That the said State grant shall be expended only for teachers' wages.

State board. The general supervision and control of the free public schools of this State shall be vested in a State board of education, composed of the governor, secretary of state, president of Delaware College, State auditor, and the senior member of each county school commission-seven members in all. The governor shall be president and the auditor secretary. The board shall hold meetings quarterly, during the last week in September, December, March, and June, in the office of the auditor at Dover, and may hold special meetings at the call of the president or secretary. Whenever the board shall consider appeals or other matters concerning free schools for colored children, the president of the State College for Colored Students shall sit as a member of said State board instead of the president of Delaware College. Except the governor, secretary of state, and auditor, each member shall receive $5 per diem when in attendance upon meetings of the board, not to exceed $30 in any year. The board shall prepare questions for the examination of teachers, adopt a series of text-books for use throughout the State, and make contracts for rates at which the same shall be furnished to the different districts, and may make any changes in said list or compile a new list at any subsequent meeting if deemed advisable; hear and determine finally all appeals from county school commissions, teachers, applicants for certificates, county superintendents, members of school committees, and boards of education; issue a uniform series of blanks for the reports of teachers and other school officers, and require all records kept and returns made according to such forms. The board shall make a report to each general assembly, setting forth the work done and suggesting any alterations or amendments to school laws which they may deem advisable.