. LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIFT OF Accession 8.5.442 THE Public Statutes of Massachusetts RELATING TO PUBLIC INSTRUCTION, ANNOTATIONS AND EXPLANATIONS, INCLUDING THE LAWS IN FORCE DECEMBER 31, 1888. \ u vVvSlTY I OP . ; lL, BOSTON : WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 18 POST OFFICE SQUARE. 1888. NOTE. In the preparation of this edition of the Public Statutes relating to public instruction, free use has been made of the comments, annotations and explanations contained in all the previous editions, and such other explanation has been added as seemed desirable and useful. FOUNDATION OF OUR PUBLIC SCHOOLS. Lord Macaulay once said in parliament: "Illustrious for- ever in history were the founders of the Commonwealth of Massachusetts ; though their love of freedom of conscience was illimitable and indestructible they could see nothing servile or degrading in the principle that the State should take upon itself the charge of the education of the people. In the year 1642 they passed their first legislative enactment on this subject, in the preamble of which they distinctly pledged themselves to this principle, that education was a matter of the deepest possi- ble importance and the greatest possible interest to all nations and to all communities, and that as such it was, in an eminent degree, deserving of the peculiar attention of the State." [Speech on Government Plan of Education, April 19, 1847.] ORDINANCE or 1642. At a session of the General Court of the colony of Massa- chusetts Bay in New Kngland commenced on the 14th of June, 1642, the court, taking into consideration the great neglect in many parents and masters in training up their children in learn- ing, ordered and decreed : That in every town the chosen men appointed for managing the pru- dential affairs of the same shall henceforth stand charged with the care of the redress of this evil ; and for this end they shall have power to take account from time to time of their parents and masters, and of their children, concerning their calling and employment of their chil- dren, especially of their ability to read and understand the principles of religion and the capital laws of the country, and to impose fines upon all those who refuse to render such account to them when required ; and they shall have power to put forth apprentices the* children of such as they shall find not to be able and fit to employ and bring them up. [Mass. Coll. Records, vol. 2, pp. 6-9.] 85442 4 SCHOOL LAWS ORDINANCE OF 1647. The following ordinance was adopted Nov. 11, 1647 : It being one chiefe project of that ould deluder, Satan, to keepe men from the knowledge of the Scriptures, as in former times by keep- ing them in an unknowne tongue, so in these latter times by persuading from the use of tongues, that so at least the true sence and meaning of the originall might be clouded by false glosses of saint seeming deceivers, that learning may not be buried in the grave of our fathers in the Church and Commonwealth, the Lord assisting our endeavors : It is therefore ordered, that every township in this jurisdiction, after the Lord hath increased them to the number of 50 householders, shall then forthwith appoint one within their towne to teach all such children as shall resort to him to write and reade, whose wages shall be paid either by the parents or masters of such children, or by the inhabitants in generall, by way of supply, as the major part of those that order the prudentials of the towne shall appoint ; Provided, those that send their children be not oppressed by paying much more than they can have them taught in other townes ; And it is further ordered that where any towne shall increase to the number of 100 families or householders they shall set up a gram- mar schoole, the Master thereof being able to instruct youth so fan* as they may be fited for the university, Provided, that if any towne neglect the performance hereof above one yeare, every such town shall pay 5s to the next schoole till they shall perform this order. [Mass, Coll. Records, vol. 2, p. 203.] The act of 1642 enjoined upon the municipal authorities the duty of making education universal, but not necessarily free. The act of 1647 made the support of public schools compulsory, and education universal and free. As this was the first law of the kind ever passed by any community of persons or by any State, Massachusetts may claim the honor of having originated the free public school. At this time it was ordered that every town of one hundred families, in addition to its elementary schools, should establish and maintain -a grammar school, which should fit pupils for the University at Cambridge. In 16^3 all towns of five hundred families were required to main- tain two grammar schools and two writing schools. These o o were the principal laws establishing and regulating the schools during the colonial period. OF MASSACHUSETTS. EDUCATIONAL PROVISIONS OF THE CONSTITUTION. i In the Constitution of Massachusetts, adopted in 1780, is the following : [CLap. 5, sect, 2.] | THE ENCOURAGEMENT OF LITERATURE, ETC. Wisdom, and knowledge, as well as virtue, diffused gen- Duty of legis- erall y among the body of the people, being necessary for the magistrates in preservation of their rights and liberties; and as these depend a |! r {"J,g re For on spreading the opportunities and advantages of education in further pro- the various parts of the country, and among the different orders public of the people, it shall be the duty of legislatures and magis- amendments, trutes, in all future periods of this commonwealth, to cherish ^^j^^JJ^. the interests of literature and the sciences, and all seminaries sos. of them ; especially the university at Cambridge, public schools J?f and grammar schools in the towns ; to encourage private socie- ties and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to counte- nance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings ; sincerity, good humor, and all social affections, and generous sentiments, among the people. [Amendments, Art. 18.] No PUBLIC MONEY TO BE USED FOR SECTARIAN SCHOOLS. ART. XVIII. All moneys raised by taxation in the towns school and cities for the support of public schools, and all moneys tobe a** "lied which may be appropriated by the state for the support of for sectarian schools. common schools, shall be applied to, and expended in, no other 12 Alien, 500, schools than those which are conducted according to law, los'Mass. 94, under the order and superintendence of the authorities of the 96 - town or city in which the money is to be expended ; and such moneys shall never be appropriated to any religious sect for the maintenance, exclusively, of its own school. [Adopted May 23, 1855.'] SUBSEQUENT ORGANIC LEGISLATION. In 1789 a general act was passed requiring every town to maintain one school for the term of six months, or two or more schools for terms of time that shall together be equivalent to six months, in which shall be taught orthography, reading, writing, English grammar, geography, and decent behavior. At this time it was ordered that the towns be divided into districts, for the purpose of facilitating the attendance of the 6 SCHOOL LAWS children upon the schools. The schools were still to be under the direct control of the towns. It was further ordered that towns of two hundred families, instead of one hundred, as before, should constitute the mini- mum number for supporting a grammar school, and that teachers should have a certificate of good moral as well as intellectual character. In 1800 an act of the legislature author- ized the selectmen of the towns to call district meetings at which the legal voters therein should raise money for building school- houses, and for supplying them with all necessary furniture. In 1817 school districts were made corporations, and were empowered to hold property for the use of the schools. In 1826 every town containing five hundred families was required to maintain a town or high school, which should differ from the old grammar school by omitting from its curriculum of studies the Latin and Greek languages. If the town contained four thousand inhabitants, it was required to maintain a higher grade of high school, in which the classic languages were to be taught. The school law of 1826 was the first to require towns to elect a town school committee. By a law passed in 1827, school districts were authorized to take care of their school-houses, and to contract with their school teachers. The Massachusetts School Fund was established in 1834. On the 14th of January, 1837, in the Massachusetts House of Representatives, it was ordered that the Committee on Edu- cation be requested to consider the expediency of providing by law for the better education of teachers of public schools. On the 14th of April of the same year, a bill relating to common schools was taken up, and the House resolved itself into a committee of the whole for the consideration thereof, and Mr. Winthrop of Boston, from the Committee on Education, reported that the said bill, with sundry amendments recommended by the committee, ought to pass, and the bill was ordered to a third reading. The report was as follows : " The Committee on Education, to whom was referred so much of His Excellency the Governor's address as relates to education, and to whom was also referred, ' The memorial of the Directors of the American Institute of Instruction,' and the petition of a convention OF MASSACHUSETTS. 7 of delegates from each of the towns in Plymouth County, and who were directed by order of the House, Jan. 14, 1837, to consider the expediency of providing by law for the better education of teachers of the public schools of the Commonwealth, have carefully considered those subjects, and report thereon the accompanying bill : " Be it enacted, etc. " His Excellency the Governor, with the advice and consent of the Coun- cil, is hereby authorized to appoint eight persons, who, together with the Governor and Lieutenant-Governor, shall constitute and be denominated the Board of Education. 1 ' One of the first acts of the Board was the establishment of schools for the special education of teachers. In 1839 two normal schools were opened, one at Lexington, afterward removed to West Newton, thence to Framingham ; the other at Barre, afterward removed to Westfield. In 1840 one was opened at Bridgewater ; in 1854, one at Salem ; and in 1874, another at Worcester. A Normal Art School was established in Boston in 1873. Teachers' institutes were first established in Massachusetts in 1846. SCHOOL LAWS STATUTE LAW EELATING TO EDUCATION. PUBLIC STATUTES. TITLE X. OF PUBLIC INSTRUCTION AND REGULATIONS RESPECTING CHILDREN. CHAPTER 41. Of the Board of Education. CHAPTER 42. Of Teachers' Institutes and Associations. CHAPTER 43. Of the School Funds. CHAPTER 44. Of the Public Schools. CHAPTER 46. Of School Registers and Returns. CHAPTER 47. Of the Attendance of Children in the Schools. CHAPTER 48. Of tne Employment of Children, and Regulations respecting them. CHAPTER 41. OF THE BOARD OF EDUCATION. SECTIOX 1. Board of education, how organized; term of office ; vacancies. 2. may take grants, devises, etc., in trust for educational purposes ; to pay all moneys to treasurer. Duty of treasurer. 3. shall prescribe form of school reg- isters, and of blanks for returns ; transmit abstracts of returns, and re- port, to legislature. 4. may appoint secretary, who shall make abstracts, collect and diffuse information, etc. 5. Secretary shall suggest improve- ments, visit different places, collect books, receive reports, etc. 6. shall give notice and attend meet- ings of teachers, etc., and collect in- formation, etc. 7. shall send blank forms and reports to clerks of towns and cities. SECTION 8. Compensation of secretary, and ex- penses of office. 9. Board may appoint agents to make inquiry, etc. 10. Expenses of board, how paid. 11. Assistant state librarian may act as clerk. 12. Board to have management of nor- mal schools, and charge of expendi- tures of appropriations. 13. Statistics required of officers of schools and others respecting pupils, instruction, etc. 14. blanks for, to be prepared. 15. Institutions for instruction of deaf, dumb, and blind to report to the board. 16. With the approval of the board, deaf mutes, etc., may be instructed at the public expense. 17. Board to supervise their education, and report concerning the same, etc. Board of edu- cation, how organized ; term of office; vacancies. 1837, 241, 1. G. S. 34, 1. SECTION 1. The board of education shall consist of the gov- ernor and lieutenant-governor, and eight persons appointed by the governor with the advice and consent of the council, each to hold office eight years from the time of his appointment, and one to retire each year in the order of appointment ; and the governor, with the advice and consent of the council, shall till all vacancies in the board. OF MASSACHUSETTS. The following list of the members of the Board, named in the order of their appointment or connection with it, is complete to the present time : Original Members. .James G. Carter. Emerson Davis. Edmund Dwight. Horace Maim. Putnam. Charles Hudson. (lenrge N. Briggs. William G. Bates. John W. James'. Elislia Bartlett. Heman Humphrey. Stephen C. Phillips. Barn as Sears. Edwin H. Chapin. Henry B. Hooker. Stephen P. Webb. Thomas Kinnicutt. Joseph W. Ingraham. John A. Bolles. George B. Emerson. Charles K. True. Mark Hopkins. Edward Otheman. Isaac Davis. Alexander H. Vinton. George S. Boutwell. Hen r y Wheatland. Hosea Ballou. Ariel Parish. Cornelius C. Felton. Alonzo H. Quint. William A. Stearns. Russell Tomlinson. Edward Everett. Marcus Morton. John Davis. George IN". Briggs. George S. Boutwell. John H. Clifford. Emory Washburn. Edward A. Newton. Robert Rantoul, Jr. Thomas Robbins. Jared Sparks. Appointed Since. Erastus O. Haven. David H. Mason. John P. Marshall. Emory Washburn. Abner J. Phipps. James Freeman Clarke. * William Rice. John D. Philbrick. Samuel T. Seelye. George T. Wilde. Gardiner G. Hubbard. Alonzo A. Miner. Henry Chapin. Constantine C. Esty. Edward B. Gillett. Phillips Brooks. Christopher C. Hussey. Charles B. Rice. Elijah B. Stoddard. Horatio G. Knight. Miss Abby W. May. Charles Francis Adams, Jr. _ Milton B. Whitney. Thomas Wentworth Higginson. Admiral P. Stone Francis A. Walker. ** Edward C. Carrigan. Horace E. Scudder. Ex-Offlciis. Governors. Henry J. Gardner. Nathaniel P. Banks. John A. Andrew. Alexander H. Bullock. William Claflin. William B. Washburn. William Gaston. 10 SCHOOL LAWS Alexander H. Rice. Thomas Talbot. John D. Long. George Hull. Henry H. Childs. John Reed. Henry W. Cuslmian. Elisha Huntington. William C. Plunkett. Simon Brown. Henry W. Benehley. Eliphalet Trask. Benjamin F. Butler. George D. Robinson. Oliver Ames. Lieutenant- Governors. John Z. Goodrich. John Xesmith. Joel Hayden. William Claflin. Joseph Tucker. Thomas Talbot. Horatio G. Knight. Byron Weston. Oliver Ames. J. Q. A. Brackett. Board of edu- cation may take grants, etc., in trust for educa- tional pur- poses, etc. Duty of treas- urer. 1850, 88. G. 8. 34, 2. GRANTS FOR EDUCATIONAL PURPOSES. SECT. 2. The board may take and hold, in trust for the commonwealth, any grant or devise of lands, and any dona- tion or bequest of money or other personal property, made to it for educational purposes ; and shall forthwith pay over to the treasurer of the commonwealth, for safe-keeping and investment, all money and other personal property so received. The treasurer shall from time to time invest all such money in the name of the commonwealth, and shall pay to the board, on the warrant of the governor, the income or principal thereof, as it shall from time to time require ; but no disposition shall be made of any devise, donation, or bequest, inconsistent with the conditions or terms thereof. For the faithful management of all property so received by the treasurer he shall be respon- sible upon his bond to the omcmonwealth, as for other funds received by him in his official capacity. TODD FUND. The only trust in the control of the Board under this section is the bequest of Henry Todd, Esq., late of Boston. The amount of this fund when it was established was $10,797.72. Its present amount is $12,100.00. By the terms of the will the income is to " be applied in aid of the normal schools of this Commonwealth, the same to be subject to no sectarian purposes or objects of a religious character." The Board applies the income of this fund to such specific objects in connection with the normal schools as are not pro- vided for by the appropriations of the Legislature. REGISTERS AND RETURNS. j^oard ofjdu- SECT. 3. The board shall prescribe the form of registers to prescribe be kept in the schools, and the form of the blanks and inquiries registers and 01 f r tne returns to be made by school committees; shall OF MASSACHUSETTS. 11 annually on or before the third Wednesday of January lay blanks for before the general court an annual report containing a printed JsS!*! e '2 abstract of said returns, and a detailed report of all the doings 3 - of the board, with such observations upon the condition and 7. efficiency of the system of popular education, and such sug- 1349' 209'. * 3 ' gestions in regard to the most practicable means of improving G ' s * 34 3- and extending it, as the experience and reflection of the board may dictate. It is the duty of the Board of Education to prescribe a blank form of school register to be used in all the public schools of the State. The registers are to be sent to every town, and delivered to the committee by the town clerk, one for each school in the town. The committees are responsible for the registers after they are received, and it is the duty of the com- mittee to cause the registers to be faithfully kept in all the schools. The blank forms of inquiry sent to the towns to be filled out and returned, together with the reports of the school commit- tees, furnish the data from which the annual report of the Board to the Legislature is principally made. It is highly important that these returns should be accurate, as school legislation and the distribution of the income of the school fund are largely based on them. The school registers are to be retained by the school com- mittees. The filled-out forms of inquiry only are to be re- turned. SECRETARY AND His DUTIES. SECT. 4. The board may appoint its own secretary, who, mayap- under its direction, shall make the abstract of school returns required by the preceding section ; shall collect information Bha11 raake respecting the condition and efficiency of the public schools 1837, 241, '2.' and other means of popular education ; and shall diffuse as }f}J f ' 215,' f i! widely as possible throughout the commonwealth information G- s - 34 4 * concerning the best system of studies and the best method of instruction for the young, in order that the best education which public schools can be made to impart may be secured to all children who depend upon them for instruction. Under this section, Horace Mann, a member of the first Board of Education, was chosen its first secretary and served from 1837 to 1848. His successor was Barnas Sears, who served till 1855. George S. Boutwell served from 1855 to 1860 ; Joseph White from 1860 to 1877. John W. Dickinson, the present secretary, was appointed in 1877." 12 SCHOOL LAWS improve- GS 6 34 5 shall give notice and at- tend meetings of teachers, etc. 1838, 159, 1. 1842,42. G. S. 34, 6. SECT. 5. The secretary shall suggest to the board and to the general court improvements in the present system of pub- lic schools ; shall visit, as often as his other duties will permit, different parts of the commonwealth for the purpose of arous- ing and guiding public sentiment in relation to the practical interests of education ; shall collect in his office such school books, apparatus, maps, and charts, as can be obtained without expense to the commonwealth ; shall receive and arrange in his office the reports and returns of the school committees ; and shall receive, preserve, or distribute, the state documents in relation to the public school system. SECT. 6. He shall, under the direction of the board, give sufficient notice of and attend such meetings of teachers of pub- lic schools, of members of the school committees of the several towns, and of friends of education generally in any county, as may voluntarily assemble at the time and place designated by the board ; and shall at such meetings devote himself to the object of collecting information with respect to the condition of the public schools of such county, the fulfilment of the duties of their office by members of the school committees of all the cities and towns, and the circumstances of the several school districts in regard to teachers, pupils, books, "apparatus, and methods of education, with a view to enabling him to fur- nish all information desired for the report of the board required in section three. SECT. 7. He shall send the blank forms of inquiry, the school registers, the annual report of the board, and his own annual report, to the clerks of the several cities and towns as soon as may be after they are ready for distribution. See chap. 46, seot. 12, Pub. Stat. SALARY OF SECRETARY. Section 8 of chapter 41 was ^repealed by chapter 227 of the Acts of 1885 and the following substituted : Compensation From and after January first, one thousand eight hundred and eighty-five, the secretary of the board of education shall 2, receive an annual salary of three thousand dollars, and also four hundred dollars in full compensation for travelling ex- i 8. penses, to be paid out of the half of the school fund applicable for educational expenses ; the incidental and other necessary expenses arising in his office shall be paid out of the treasury of the Commonwealth. shall send forms and re- ports to town clerks, etc. I860, 41. G. S. 34, 7. and expenses 1853, 49. G. S.34, 1867, 263. 1876, 110. 1885, 227. Since the election of the first secretary in 1837, a uniform system of schools has been created, a comprehensive plan of collecting accurate school statistics has been established, six State normal schools for the professional training of teachers have been organized, and methods of teaching have been im- OF MASSACHUSETTS. 13 proved. In addition to these changes, laws have been passed requiring the use of a uniform method of selecting and examin- ing teachers, establishing uniform courses of studies for the different grades of schools, and a minimum time of attendance by the pupils ; and there has been awakened in the minds of the people a deeper and more general interest in popular education. AGENTS OF BOARD OF EDUCATION. SECT. 9. The board may appoint one or more suitable Board may agents to visit the several cities and towns for the purpose of ag^tc inquiring into the condition of the schools, of conferring with make in i uir y teachers and committees, of lecturing upon subjects connected Res. 1850,26. with education, and in general of giving and receiving infor- Res'. isSj is! mation upon such subjects, in the same manner as the secretary eMS 1 ??'^' might do if he were present. The authority conferred by the ninth section was first given to the Board of Education in 1850, and renewed in 1851, 1853 and 1857. The commissioners and the Legislature charged with the revision of the General Statutes saw fit to give to these transitory enactments the form of permanent law. The following named persons have served the State as agents of the Board : Nathaniel P. Banks, Charles W. Upham, Samuel S. Greene, Rodolphus B. Hubbard, J. T. Burrill, Charles Northend, Horace James, Henry K. Oliver, Daniel Leach, Richard Ed- wards, Alpheus Crosby, A. R. Pope, Cornelius Walker, B. G. Northrop, Abner J. Phipps, George A. Walton, Eli A. Hub- bard, John D. Philbrick, John Kneeland, George H. Martin, John T. Prince, Andrew W. Edson, Henry T. Bailey and G. T. Fletcher. The agents at the present time are Messrs. Walton, Martin, Edson, Bailey and Fletcher. SECT. 10. The incidental expenses of the board, and the Expenses of expenses of the members thereof incurred in the discharge of jJJJjJ 1 ' how their official duties, shall be paid out of the treasury. Q 38 s 5 34 s 10 SECT. 11. The assistant librarian of the state library shall Clerk. act when necessary as clerk of the board. GM^Sj f li. MANAGEMENT OF THE NORMAL SCHOOLS. SECT. 12. The general management of the several state Board to raan- 11-11111 I 1 1 T a S G etC ' normal schools shall be vested in the board, and moneys ap- normal propriated for their maintenance may be expended under its direction. 14 SCHOOL LAWS Statistics're- quired of offi- cers of schools and others respecting pupils, in- struction, etc. 1867, 123, 1. blanks for, to be pre- pared. 1867, 123, 2. U. S.Rev. St., 516. Institutions for instruction of deaf, dumb and blind to report to the board. 1875, 118. "With the ap- proval of the board, deaf mutes may be instructed at certain insti- tutions at the public ex- pense. 1867, 311. 1868, 200. 1869, 333. 1871, 300. 1885, 118. 1886, 241. 1887, 179. 1888, 239. RETURNS OF PRIVATE AND OTHER EDUCATIONAL INSTITUTIONS. SECT. 13. The trustees, officers, or persons in charge of all literary, scientific, or professional institutions of learning, in- corporated, supported, or aided by the commonwealth ; of all reform schools, almshouses, or private educational institu- tions ; and all agents, guardians, or treasurers, to whom appro- priations are made by general statute or special resolve for the support of schools among Indians, shall, on or before the first day of June in each year, make a report in writing to the board, at the office of the secretary, of such statistics as the board shall prescribe, relating to the number of pupils and in- structors, courses of study, cost of tuition, and the general con- dition of the institution or school under their charge. SECT. 14. The board shall prepare blank forms of inquiry for such statistics, and shall send the same to every such insti- tution or school on or before the tenth day of May in each year. In preparing said forms, reference shall be had to the requirements of the bureau of education, created by the gen- eral government. EDUCATION OF THE DEAF AND DUMB. SECT. 15. Every institution for the instruction of the deaf, dumb, and blind, when aided by a grant of money from the state treasury, shall annually make to the board such a report as is required, by sections sixteen and seventeen of chapter seventy-nine, of other private institutions so aided. SECT. 16. [Section 16 of the Public Statutes is repealed by chapter 239 of the Acts of the year 1888, and the following substituted] : Upon the request of the parents or guardians and with the approval of the state board of education, the governor may send such deaf 'mutes or deaf children as he may deem fit sub- jects for education, for a term not exceeding ten years in the case of any pupil, to the American Asylum at Hartford in the state of Connecticut, the Clarke Institution for Deaf Mutes at Northampton, or to the Horace Mann School at Boston, or to any other school for deaf mutes in the commonwealth, as the parents or guardians may prefer and with the approval of the state board he may make at the expense of the commonwealth such provision for the care and education of children, who are both deaf mutes and blind, as he may deem expedient. In the exercise of the discretionary power conferred by this act, no distinction shall be made on account of the wealth or poverty of the parents or guardians of such children ; no such pupil shall be withdrawn from such institutions or schools except with the consent of the proper authorities thereof or of the governor ; and the sums necessary for the instruction and sup- port of such pupils in such institutions or schools, including all travelling expenses of such pupils attending such institutions OF MASSACHUSETTS. 15 or schools, whether daily or otherwise, shall be paid by the commonwealth: provided, however, that nothing herein con- tained shall be held to prevent the voluntary payment of the whole or any part of such sums by the parents or guardians of such pupils. SECT. 17. The board shall direct and supervise the educa- Board to su- tion of all such pupils, and shall set forth in its annual report JSucaSon eir the number of pupils so instructed, the cost of their instruction and report concerning and support, the manner in which the money appropriated by the same, etc. the commonwealth therefor has been expended, and such other JfJsj \\\' m 3 ' information as it deems important to be laid before the gen- eral court. Pupils are now sent under the above sections to the Horace Mann School for the Deaf in Boston, the Clarke Institution at Northampton and the American Asylum at Hartford, Conn. EDUCATION or THE BLIND. Chapter 118 of the Acts of 1885 provides that the Board of Education shall have the same supervision over the admission and instruction of pupils in the Perkins Institution and Massa- chusetts School for the Blind that it now exercises over the instruction of deaf mutes and deaf children under sections 16 and 17 of chapter 41 of the Public Statutes. EDUCATION OF THE FEEBLE-MINDED. Section 3 of chapter 298 of the Acts of 1886 provides that the Massachusetts School for the Feeble-Minded shall gratui- tously receive, maintain and educate in the school department such indigent feeble-minded persons from this Commonwealth as shall be designated by the governor upon the recommenda- tion of the secretary of the State Board of Education ; and sec- tion 9 of the same act provides that the trustees of the Massachusetts School for the Feeble-Minded shall annually prepare and send to the Board of Education a written or printed report of its proceedings, income and expenditures, properly classified, for the year ending on the thirtieth day of September, stating the sum appropriated by the Common- wealth, the sum expended under said appropriation, the whole number and the average number of inmates, the number and salaries of officers and persons employed, and such other infor- mation as the Board may require, and shall also once in three months make a report to said Board stating the number of in- mates received and the number discharged during the preceding 16 SCHOOL LAWS three months, also the whole number then in the institution and the number of beneficiaries supported by the Commonwealth, together with such other information as the Board may require. Blanks for application for admission to these several institu- tions will be supplied, on request, by the secretary of the State Board of Education. CHAPTER 42. OF TEACHERS' INSTITUTES AND ASSOCIATIONS. SECTIOX 1. Board of education to arrange for meeting of teachers' institutes. 2. Expenses of meetings, how paid. 3. Board to regulate length of session and expense. SECTION % 4. County teachers' associations to re- ceive twenty-five dollars for annual meetings. 5. Massachusetts Teachers' Associa- tion to receive three hundred dollars annually. Teachers' in- SECTION 1. When the board of education is satisfied that stitutes, meet- . . ings of. fifty teachers of public schools desire to unite in forming a 184s', 10! ' teachers' institute, it shall, by a committee or by its secretary, G 4 S 6 35 1 or i n case f his inability by such person as it may delegate, appoint and give notice of a time and place for such meeting, and make suitable arrangements therefor. expenses of, SECT. 2. To defray the necessary expenses and charges, 1846, 9i, 2,3. and to procure teachers and lecturers for such institutes, a sum I8o4, 303, 3, not excee( ji n g three thousand dollars may annually be paid 5 e s 35 5 ?' out ^ tnat na ^ ^ *ke income f the school fund not appor- 1873, 292, i. tioned for distribution to cities and towns. length of, SECT. 3. The board may determine the length of time dur- iSfl 6 ?? 6 ?! 6 ' in wllicn a teacners ' institute shall remain in session, and 1849,' 6-2' what portion, not exceeding three hundred and fifty dollars, of jgso 216 GkS.35,3. the sum provided for in the preceding section, shall be appro- priated to meet the expenses of such institute. Previous to the act of 184(5 four institutes were held, at the expense of a private individual, that the experiment might be tried and their value determined. The next year Teachers' In- stitutes became a permanent institution, and appropriations have been made year by year for their support. They furnish the teachers with the occasion of comparing their methods of teaching, of studying improved methods, of breaking away for a little while from their round of daily duties, of coming into companionship and sympathy with others of their own profes- sion, and of returning home with higher notions and better purposes. OF MASSACHUSETTS. 17 Since the institutes were established they have been held in two hundred and twenty-eight towns, and in some cases several have been held in the same town, as will appear from the fol- lowing list : Abington, 1880. Acton, 1861. Adams, 1848, 1855, 1858, 1875. Amherst, 1852, 1877. Amesbmy, 1863. Amlover, 1846, 1866. Ashlmrnham, 1855, 1880, 1888. Askby, 18S2. Ash Held, 1882. Ashland, 1878. Athol, 1848, 1854, 1868, 1880, 1887. Attloborough, 1840, '51, '62, 73, '84. Aver, 1871, 1S79, 1887. Banistable, 1851, 1857, 1872 (Hy- annis), 1849, 1856, 1878. Barre, 1854, 1872, 1882. Hccket, 1865, 1876, 1887. Bedford, 1857, 1880. Belchertown, 1868, 1875. Bellingham, 1884. Bernardston, 1858, 1872, 1882. Beverly, 1870. Billerica, 1859, 1868, 1882. Blackstone, 1851, 1870. Bhmdl'ord, 1884. Boston, 1X52. Bourne, 1884. Bradford, 1*77. Braintree, 1884. Brewster, 1850, 1855, 1881. Bridgrwater, 1845, 1855, 1863. Brimliekl, 1860, 1876, 1881. Brockton, 1886. Brooktield, 1857. ( 'ambridge, 1852. ( haiiemont, 1847, 1870, 1879. ( 'harlestown, 1852. ( 'harlton, 1884 Chatham, 18 to, 1860, 1884. Chelsea, 1S55. Cheshire, 1874, 1884. Chester, 1872. Chieopee, 1852, 1882. Clinton, 1866, 1876, 1881. Coluisset, 1874. Colrain, 1883. Concord, 1847, 1877. Convvay, 1853, 1864, 1883. Cottage City, 1886. Cummington, 1862, 1873. Dana, 1870. Danvers, 1883. Dartmouth, 1864. Dedham, 1859. Deerfield, 1852, 1884. Dennis, East, 1864. Dennis, South, 1867. Dennis, West, 1883. Dighton, 1883. Dudley, 1865, 1883. East Bridgewater, 1884. Eastliampton, 1863, 1884. Easthara, 1879. Easton, North, 1867. Kdgartown, 1848, 1861, 1879, 1885. Egremont, 1883. Entield, 1880. Everett, 1883. Fairhaven, 1858, 1881. Fall River, 1852, 1866, 1882. Falmouth, 1850, '61, '68, '69, '82. Fitchburg, 1845, '50, '62, '75, '80. Foxborough, 1857, 1881. Fraimngham, 1850, 1857, 1882. Franklin, 1854, 1877. Gardner, South, 1858. Gloucester, 1872, 1878. Goshen, 1886. Graf ton, 1846. Granby, 1882. Granville, 1884. Great Barrington, 1847, 1859. Greenfield, 1849, 1863. Groton, 1849, 1856. Hadley, 1850, 1864, 1884. Hancock, 1883. Hanson, 1885. Hardwick, 1859, 1879. 18 SCHOOL LAWS Harvard, 1883. Harwich, 1846, 1877, 1886. Hatfield, 1865, 1873. Haverhill, 1853, 1858, 1869, 1884. Hawley, 1884. Hingham, 1868, 1884. Hinsdale, 1869. Holbrook, 1883. Holliston, 1852. Holyoke, 1862, 1877. Hopkinton, 1854. Hubbardston, 1849, 1860, 1881. Hudson, 1880. Ipswich, 1874, 1884, 1887. Kingston, 1856. Lancaster, 1854, 1884. Lanesborough, 1879, 1884. Lawrence, 1851. 1862, 1878. Lee, 1846, 1854, 1864, 1882. Leicester, 1863. Lenox, 1850, 1884. Leominster, 1852, 1857, 1874, 1882. Leverett, 1882. Lincoln, 1884. Littleton, 1855. Longmeadow, 1863. Lowell, 1852, 1867. Ludlow, 1879. Lunenburg, 1853, 1883. Maiden, 1853. Manchester, 1883. Mansfield, 1854, 1879. Marblehead, 1883. Marlborough, 1856, 1867, 1871. Marshfield, 1879. Maynard, 1873. Medfield, 1882. Medford, 1884. Medway, 1850, 1871, 1880. Medway, West, 1863. Melrose, 1883. Meiidon, 1885. Merrimac, 1881. Middleborough, 1853, 1877. Middlefield, 1883. Milford, 1850, 1858, 1861. Millbury, 1853, 1883. Monson, 1850, 1870. Montague, 1855, 1870, 1880. Monterey, 1879. Nantucket, 1853, 1874. Natick, 1853, 1864, 1870, 1880. Needham, 1867. New Bedford, 1853. Newburyport, 1854. New Marlborough, 1866. New Salem, 1846, 1873. Newton, 1851, 1864. North Adams, 1869, 1881. Northampton, 1857, 1869, 1885. Northborough, 1851, 1860, 1884. Northbridge, 1881. North Bridge water, 1868. North Brookfield, 1852, 1859, 1886. Northfield, 1871, 1881. Norton, 1857. Orange, 1866, 1875, 1886. Orleans, 1853, 1861, 1875. Otis, 1883. Oxford, 1853. Palmer, 1884. Pepperell, 1850, 1866, 1881. Peru, 1878. Petersham, 1851, 1876. Pittsfield, 1845, '51, '54, '57, '71, '82. Plainfield, 1880. Plymouth, 1850, 1881. Plympton, 1884. Prescott, 1883. Princeton, 1882. Provincetown, 1858, 1869, 1881. Quincy, 1847. Randolph, 1854, 1865. Raynham, 1883. Reading, 1882. Rehoboth, 1880. Rochester, 1884. Rockland, 1881. Rockport, 1882. Roxbury, 1852, 1854. Royalston, 1851. Rutland, 1855, 1878. Salem, 1854, 1884. Salisbury, 1873, 1882, Sandisfield, 1874. Sandwich, 1849, 1871. Saugus, 1881. Scituate, 1883. OF MASSACHUSETTS. 19 Sharon, 1883. Slit-mold, is:,2, 1861, 1876, 1884. Shellmrne Fulls, 1S61, 1868, 1870, issi, issii. Sherborn. l.ssl. Shrewsbury, Somerset. IS.SL>. Southampton, Sonthborouo-h, 1886. Southbrid-v, is;,l, 1872. South Iladley, ISI',7: Springfield, 1S84. Stoughton, is,') I, 1866, 1879. Spencer, L881, iss.S. Sunderland, is is. Swampscott, 1865, 1884. Tannton, l.SHJ, 1865, 1884. Teinpleton, is:,;'), 1874. Tisbury, 18(51), 1883, 1884. Townsend, 1S59. Truro, is:i7, Tyngsborough, 1886. Tyringham. 1881. I'xbridge, 1862, 1878,1882. Wakefield, L872. Waltham, 1860. Ware. ls:>l, 1856, 1864, 1873, 1884. Wareham, 1883. Way land, 1883. Webster, 1859, 1884. Wellfleet, 1859, 1871. Westborough, 1858, 1877. West Brookfield, 1877. West Boylston, 1880. Westfield, 1855. Westford, 1863, 1886. WestNewbury, 1871. Westport, 1883. West Stockbridge, 1873. Wey mouth, 1861, 1878. Whately, 1878. Wilbraham, 1861, 1881. Williamsburg, 1856, 1881. Williamstown, 1862, 1872. Winchendon, 1856, 1867, 1878, 1885, 1886. Winchester, 1881. Windsor, 1883. Woburn, 1852. Worcester, 1852, 1854. Worthington, 1882. Wrentham, 1852. Yarmouth, 1855, 1862, 1865. STATE AND COUNTY TEACHERS' ASSOCIATIONS. SECT. 4. When a county association of teachers and others holds an annual meeting of not less than one day, for the ex- press purpose of promoting the interests of public schools, it shall receive twenty-five dollars from the commonwealth upon tiling with the governor a certificate, under oath, of its presi- dent and secretary that a meeting has been so held. SK< T. 5. Subject to the approval of the board of education, there shall annually be allowed and paid, out of that half of the income of the school fund not apportioned for distribution to cities and towns, to the president or treasurer of the Massa- chusetts Teachers' Association, three hundred dollars, to be ap- plied to the purposes of said association. County teach- ers' associa- tions to re- ceive twenty- live dollars for annual meetings. 1848,301. 1864,58, 1,2. 1880, 93. Massachusetts Teachers' As- sociation to receive three hundred dol- lars annually. 1846, 213. Res. 1880, 30. State aid to county associations of teachers was first granted in 1S48. There are now eleven of these associations, and the sum of three hundred dollars is annually appropriated for their support. Although these institutions are not under the control of the State authorities, they co-operate with the Teachers' In- stitutes in accomplishing the same objects. 20 SCHOOL LAWS CHAPTER 43. OF THE SCHOOL FUNDS. MASSACHUSETTS SCHOOL FUND. SECTION School fund, how invested. Income only to be used. Commissioners to manage same, and report to general court. Distribution of one-half of income among towns, etc. Appropriations for educational purposes to be paid from other half. Balance to be added to principal. SECTION 4. Income, at what time to be appor- tioned and paid. 5. Distribution of income riot to be made to towns, etc., which do not comply with law. 6. Income received by towns, etc., ho\v applied. TODD NORMAL SCHOOL FUND. 9. Todd fund, how applied. MASSACHUSETTS SCHOOL FUND. School fund, how invested. Income only to be used. 1834, 169. SECTION 1. The present school fund of the commonwealth, together with such additions as may be made thereto, shall constitute a permanent fund, to be called the " Massachusetts it. s. 11, 13, s cri ool Fund ; " the principal of which shall not be diminished, and the income of which, including the interest on notes and bonds taken for sales of Maine lands and belonging to said fund, shall be appropriated as hereinafter provided. 1854, 300. 1854, 333. 1859, 154. U. 8.36, 1. 1866, 53. HISTORY or THE FUND. The Massachusetts School Fund was established by the Leg- islative Acts of 1834, chapter 169, providing that " all moneys in the treasury derived from the sale of lands in the State of Maine, and from the claims of the State on the Government of the United States for military services, and not otherwise ** appropriated, together with fifty per centum of all moneys thereafter to be received from the sale of lands in Maine, shall be appropriated to constitute a permanent fund for the aid and encouragement of common schools, provided that said fund shall not exceed one million dollars." In 1854 (chapter 300) an important act was passed, providing for the increase of the fund by the transfer ' of such a number of the shares held by the Commonwealth in the Western Rail- road Corporation, as will, at the rate of one hundred dollars a share, increase the principal of said fund to the amount of one million five hundred dollars." Again, by chapter 154 of the Acts of 1859, it was provided in section 3, that " all the avails of the moiety of the sales of public OF MASSACHfrSEfalJNIV 21 L lauds which by the provisions of the sevenTeSnth chapter of the resolves of the year one thousand eight hundred and fifty-seven inure immediately to the use of the Commonwealth, and the use of which is not otherwise provided for in this act, shall be added to the principal of the Massachusetts School Fund." Provision was thus made for the indefinite enlargement of the amount which the common schools would annually receive from the treasury of the State. Had this legislation been permitted to stand, the school fund would have been increased to the sum of five million of dollars, and thus the Commonwealth would have stood foremost in the Union in the provisions for the free and impartial education of her children. Up to this period the legislation of the State had been liberal and generous to the common schools, and to the general educa- tional interests of the Commonwealth. The first adverse act was in 1861, when by the gift of land in the Back Bay to the Massachusetts Institute of Technology and the Boston Society of Natural History the sum of $232,790 was diverted from the fund, the fund which had been solemnly set apart and pledged for the support of the schools and for general educational purposes. But under the exigency of the case, and the necessity of providing means for the payment of the large sums raised by the State for recruiting and send- ing forward troops, in 1864, chapter 313, the Legislature created a fund by the issue of State scrip, not exceeding ten million dollars, to be called the Massachusetts Bounty Fund, and created a sinking fund for the payment. Towards this sinking fund the Legislature appropriated all the receipts from the sale of Back Bay lands, less the expense of commissioners and of filling and preparing the lands for sale, including the portion now by law made payable to the Massachusetts School Fund as soon as said school fund shall have reached the sum qf $2,000,000. The whole amount paid under this statute into the school fund was $456,930.06, " or less than fifteen per cent, of the estimated profits of the enterprise." Thus no provision has been made for the increase of the school fund to meet the natural growth of the population, and the increasing demand which must of necessity be made for the support of our educational institutions. And Massachusetts must, in some way, increase her school fund, if she desires to 22 SCHOOL LAWS keep pace with her sister States in the higher education demanded by the spirit of the times, and the progress of the age. The method of distribution of the income of this fund was first provided for by the Legislature of 1835, which method was amended by the Legislature of 1839, and subsequently, in the years 1840, 1841, 1849, 1854, 1866, 1874 and 1884. Under the fourth section of this chapter the money distrib- uted by the State is held by the treasurers of the respective towns subject to the order of the school committee of each town. Three-fourths of the income must be applied by the committees to the support of schools, and the whole may be. The income received from the State is not subject to a vote of the town, nor is it necessarily divided in the same manner as money raised by local taxation. Under this section it becomes the duty of each town treasurer to open an account with the school committee, and to hold the funds received from the State subject to their order. The establishment of the school fund in connection with the organization of the Board of Education has wrought a refor- mation in the character of the public schools. Although it was not the purpose of the Legislature in establishing the fund to relieve the towns from the support of their schools, it was the purpose to furnish aid and encouragement. By furnishing this material aid the State established a necessary relation between its own control and the control of the towns over the manage- ment of the public schools. With the fund it is possible to obtain accurate and full re- turns, and to communicate to the Legislature and to the people all the material facts relating to the condition of the public schools. It enables the authorities to execute the school laws, and to establish a uniform system of schools throughout the Commonwealth. It greatly aids the towns in supporting such schools as the statute requires the towns to maintain. COMMISSIONERS OF THE FUND. Commission- SECT. 2. The secretary of the board of education and the crs to i~niiuuT6 same, and re- treasurer shall be commissioners, whose duty it shall be to oral cmm? invest and manage the fund, and report annually to the ^viieral 1866,53. court the condition and income thereof. All new investments of the fund, or of .any part of the same, shall be made with the approval of the governor and council. UN; OF MASSACHUSETTS. 23 DISTRIBUTION OF THE INCOME OF THE FUND. Section o was repealed by chapter 22 of the Acts of 1884 and the following substituted: One-half of the annual income of the school fund of the Commonwealth shall be apportioned and distributed without a specific appropriation for the support of public schools, and in tin- manner following, to wit : Kvery town complying with ^^"^"f all laws in force relating to the distribution of said income, and income among whose valuation of real and personal estate, as shown by the last returns thereof, does not exceed one-half million dollars, shall annually receive three hundred dollars; every such town poses paid whose valuation is more than one-half million dollars, and does half. Balance not exceed one million dollars shall receive two hundred dol- lars ; every such town whose valuation is more than one million \ S74 ' 348) 1( and does not exceed three million dollars shall receive one 1884,22. hundred and fifty dollars. The remainder of said half shall be distributed to all the cities and towns whose valuation does not exceed teli million dollars, in proportion to the number of per- sons between live and fifteen years of age belonging to each. All money appropriated for other educational purposes, unless otherwise specially provided, shall be paid from the other half of said income. If the income in any year exceeds such appropriations, the surplus shall be added to the principal of said fund. SKCT. 4. The income of said fund, appropriated to the sup- income, at port of public^ schools, which lias accrued on the thirty-first day b^apjor- 6 * of December in each year, shall be apportioned by the secre- tio .n edan . No such apportionment and distribution shall be Distribution made to a city or town which has not maintained a school as to be'inacieTo required by section one of chapter forty-four ; or which, if con- taining the number of families or householders required by comply with M-ction two of said chapter, has not maintained, for at least ISM, 142, 1. thirty-six weeks during the year, exclusive of vacations, a high J^' 234' |il school such as is mentioned therein ; or which has not made the returns required by sections six and eight of chapter forty-six, and complied with the laws relating to truancy; or which has not raised by taxation for the wages and board of teachers, fuel for the schools, and care of fires and school-rooms during 'iool year embraced in the last annual returns, a sum not less than three dollars for each person between the ages of five and fifteen years belonging to such city or town on the first day of May of said school year. 24 SCHOOL LAWS Income re- ceived by towns, etc., how applied. GK 4. Todd fund, how applied. G. 8.3(5, 7. 1862, 83, 1. How THE INCOME SHALL BE APPLIED. SECT. 6. The income of said fund received by the several cities and towns shall be applied by the school committees thereof to the support of the public schools therein ; but said committees may, if they see fit, appropriate therefrom any sum, not exceeding twenty-five per cent, of the same, to the purchase of books of reference, maps, and apparatus for the use of said schools. TODD NORMAL SCHOOL FUND. SECT. 9. 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. See chap. 41, sect. 2. CHAPTER 44. OF THE PUBI. PUBLIC SCHOOLS. SECTION 1. Each town to have school six months in a year. Branches to he taught. 2. High school in towns of five hun- dred families. Branches taught. Duration of school. Towns ^ of four thousand inhabitants. 3. High school districts in adjacent towns, how established. 4. Committee, how chosen. Powers. 5. to determine location of school- house. 6. Expenses apportioned. 7. Industrial and mechanical drawing to be taught free to persons over fifteen, etc. 8. Industrial schools ; expense of same ; no scholar to be compelled to study a trade, unless, etc. 9. Nautical schools. 10. Union schools may be established by two or more towns. 11. how located, managed, supported, etc. 12. Schools for those over twelve years of age. 13. under superintendence of school committee. 14. Female assistants. 15. Dury of instructors in colleges, etc. 16. of ministers and town officers. 17. Towns to raise money for schools. 18. Funds of corporations for support- ing schools not affected, etc. 1C SCHOOLS. SECTION 19. Forfeiture for neglect to raise money, etc. 20. three-fourths of, to be appropriated to schools. 21. School committee, how chosen. Number; term of service. Women eligible. 22. Vacancies, how filled. 23. When whole committee decline, new committee how elected. 24. Term of service of person filling vacancy. 25. On election of new board, certain duties of old to continue 26. Committee, how increased or dimin- ished. 27. records of; secretary. 28. to contract with teachers, unless, etc. 29. Instructor to receive and file certifi- cate. When and how paid. 30. may be dismissed. Compensation to cease. 31. Examinations and visits by school committee ; purpose of visits. 32 Bible to be read in schools ; sectarian books excluded. 33. School committee to direct what books shall be used, and prescribe course of studies. 34. may change books by two-thirds vote of whole committee. 35. When change is made, new books to be furnished at expense of town, etc. OF MASSACHUSETTS. 25 SECTIOX 36. Committee to procure books, appa- ratus, etc. 37. for certain scholars at expense of town. 38. Expense of books so supplied to be taxed to parents etc. 39. If parents unable to pay, tax may be omitted. 40. Text-books and stationery may be furnished to pupils by towns, etc., by vote. 41. Duty of committee where school is for benefit of whole town. 42. Compensation of committee. SUPERINTENDENT OF PTULIC SCHOOLS. 43. Superintendent of schools, appoint- ment, duties, etc. SECTION 44. Towns may form a district for em- ployment of superintendent. 45. Mamur of appointment, salary, etc. SCHOOL-HOUSES. 46. Towns not districted to maintain school-houses, etc. Penalty for neg- lect. 47. Location of school houses. 48. Land may be taken for school-house lots ; damages, etc. 49. Owner of land may have jury. Pro- ceedings. Damages and costs. 50. Committee of town not districted to have charge of school-houses. 51. Provisions of chapter to apply to cities, except, etc. PUBLIC SCHOOLS. 1. In every town there shall be kept, for at least Each town to . , , have school six months in each year, at the expense ot said town, by a six months in readier or teachers of competent ability and good morals, a Branches sullieient number of schools for the instruction of all the **" h *- (jr. S. 08, 3 1. children who may legally attend public school therein, in 186-2,7. orthography, reading, \vriting, English grammar, geography, ISTG' 3,'i. arithmetic, drawing, the history of the United States, and good 10 Met< 508> behavior. Algebra, vocal music, agriculture, sewing, physi- ology, and hygiene shall be taught, by lectures or otherwise, in all the public schools in which the school committee deem it expedient. PURCHASE AND USE or HAND-TOOLS. This section is amended by chapter 69 of the Acts of 1884 by striking out the words "and hygiene," and inserting instead the words " hygiene and the elementary use of hand- tools," and in any city or town where such tools shall be introduced, they shall be purchased by the school committee at the expense of such city or town, and loaned to such pupils as may be allowed to use them free of charge, subject to such rules and regulations as to care and custody as the school committee may prescribe. PHYSIOLOGY AND HYGIENE. Chapter 332 of the Acts of 1S85 provides that "physiology and hygiene, which, in both divisions of the subject, shall include special instruction as to the effects of alcoholic drinks, stimulants and narcotics on the human system, shall be taught as a regular branch of study to all pupils in all schools sup- 26 SCHOOL LAWS ported wholly or in part by public money, except special schools maintained solely for instruction in particular branches, such as drawing, mechanics, art, and like studies. All acts or parts of acts relating to the qualifications of teachers in the public schools shall apply to the branch of study prescribed in this act, and all penalties now fixed for neglect to provide instruction in the branches of study now prescribed by law shall apply to this branch of study." By the term " regular branch," is meant one that is included in the list of those required by law to be taught. Formerly physiology and hygiene were optional studies. By the act of 1885 they were introduced among the required branches. "All pupils in all schools," are all pupils in the primary, in- termediate, grammar and high schools of our system. The law requires physiology and hygiene to be taught to all pupils in all schools with special reference to the effects of alcohol on the human system. This branch of learning is to be treated by school authorities as are all other compulsory topics of study. HIGH SCHOOLS. in^^wne of 18 SECT. 2. Every town may, and every town containing five live hundred hundred families or householders, according to the latest public Branches census taken by the authority either of the commonwealth or of G U | h 38 2 tne United States, shall, besides the schools prescribed in the pre- 1868, 226. ceding section, maintain a high school to be kept by a master of competent ability and good morals, who, in addition to the branches of learning before mentioned, shall give instruction in general history, book-keeping, surveying, geometry, natural philosophy, chemistry, botany, the civil polity of this com- monwealth and of the United States, and the Latin language. Such m ' h soh o1 sha11 be ke Pt for tlie benefit of all the inhabi- Towusof four tants of the town, ten months at least, exclusive of vacations, habitants. m each year, and at such convenient place or alternately at . 1 ' suc ^ pl aces m tne town as the legal voters at their annual 11 Cush. ns. meeting determine. And in every town containing 1 four thou- 98 Mass. 589. sand inhabitants, the teacher or teachers of the schools required by this section shall, in addition to the branches of instruction before required, be competent to give instruction in the Greek and French languages, astronomy, geology, rhetoric, logic, intellectual and moral science, and political economy. The "Master" may be either male or female. The term " may " applies to both grades of high schools. The law estab- lishing the two grades named in this section was passed in OF MASSACHUSETTS. 27 182(1. Forty-four towns that have less than 500 families each, are maintaining high schools ; 154 cities and towns are required to maintain high schools, 87 of the higher and 67 of the lower grade ; 198 cities and towns are maintaining high schools. By the last census the population of the State is 1,943,067 ; the population of the towns supporting high schools is 1,851,- 937, or 95^0 per cent, of the whole population. EVENING SCHOOLS. Chapter 174 of the Acts of 1883 provides : 1. Every town and city having ten thousand or more inhabitants shall establish and maintain, in addition to the schools required by law to be maintained therein, evening schools for the- instruction of persons over twelve years of age in orthography, reading, writing, geography, arithme- tic, drawing, the history of the United States, and good behavior. Such other branches of learning may be taught in such schools as the school committee of the town shall deem expedient. 2. The school committee of such towns shall have the same superin- tendence over such evening schools as they have over other schools, and may determine the term or terms of time in each year, and the hours of the evening during which such schools shall be kept, and may make such regu- lations as to attendance; at such schools as they may deem expedient. :>. Nothing contained in this act shall exempt any person from the requirements of section one of chapter forty-seven of the Public Statutes. ILLITERATE MINORS. Chapter 433 of the Acts of 1887 requires that : - 1. Every owner, superintendent or overseer of any manufacturing, mechanical or mercantile establishment who employs, or permits to be employed therein, a minor under fourteen years of age who cannot read and write in the Knglish language, except during the vacation of the public schools in the city or town where such minor lives, and every parent or guardian who permits such employment, shall, for every such offence, forfeit not less than twenty nor more than fifty dollars, for the use of the public schools of such city or town. 2. Every person who regularly employs, or permits to be employed, a minor fourteen years of age, or over, who cannot read and write in the English language, providing such minor has been, since reaching the age of fourteen, for one year continuously a resident of a city or town in this Commonwealth wherein public evening schools are maintained, and is not a regular attendant of a day or evening school, shall, for every such offence, forfeit not less than fifty nor more than one hundred dollars, for the use of the evening schools of such city or town. 3. Whenever it appears that the labor of any minor who would be debarred from employment under section two of this act, is necessary for the support of the family to which said minor belongs, or for his own 28 SCHOOL LAWS support, the school committee of said city or town may, in the exercise of their discretion, issue a permit authorizing the employment of such minor within such time or times as they may fix, and the provisions of said suc- tion two shall not apply to such minor so long as said permit is in force. 4. Two weeks next before the opening of each term of the evening schools, the school committee shall, by posters posted in three or more public places of said city or town, give notice of the location of said schools, the date of the commencement of the term, the evenings of the week during which said schools shall be kept, the provisions of section two of this act as to forfeiture for non-compliance with said section, and such regulations as to attendance as they shall deem proper. EVENING HIGH SCHOOLS. Chapter 236 of the Acts of 1886 provides that : - 1. Every city of fifty thousand or more inhabitants shall establish and thereafter annually maintain an evening high school in which shall be taught such branches of learning as the school committee thereof may deem expedient, whenever fifty or more residents, fourteen years of age or over, who desire and, in the opinion of the school committee, are com- petent to pursue high school studies, shall petition in writing for an evening high school and certify that they desire to attend such school. 2. The school committee shall have the same superintendence over such schools as they have over day schools ; may determine the term or terms of time in each year and the hours of the evening during which such schools shall be kept, and may make such regulations as to attend- ance thereat as they may deem proper. UNION HIGH SCHOOL DISTRICTS. High school SECT. 3. Two adjacent towns, having each less than five districts in adjacent hundred families or householders, may form one high school established. district for establishing such a school as is contemplated in the GJ3. 2 38 9 ,' s 1 .' preceding section, when a majority of the legal voters of each 103 Mass. 99. town, in meetings called for that purpose, so determine. Committee, SECT. 4. The school committees of the two towns so united how chosen. Powers. shall elect one person from each of their respective boards, G-. s. as,' 4.' an d the two so elected shall form the committee for the man- agement and control of such school, with all the powers con- ferred upon school committees and prudential committees, to deter- SECT. 5. The committee thus formed shall determine the oTschoof- 101 location of the school-house authorized to be built by the towns I848 8e 279 3 f rmm g the district, or, if the towns do not determine to erect GK S. 38, 5. a house, shall authorize the location of such school alternately in the two towns. Expenses SECT. 6. In the erection of a school-house for the perma- apportioned. 1848, 279, 4. nent location of such school, in the support and maintenance of the school, and in all incidental expenses attending the same, the proportions to be paid by each town, unless other- wise agreed upon, shall be according to its proportion of the county tax. OF MASSACHUSETTS. 29 INDUSTRIAL AND MECHANICAL DRAWING. SECT. 7. Any town may, and every city and town having industrial and more than ten thousand inhabitants shall, annually make pro- "mwinji^ 1 be vision for giving free instruction in industrial or mechanical ta "g h t free to persons over drawing to persons over fifteen years ot age, in either day or fifteen years evening schools, under the direction of the school committee. i87of248, 2. INDUSTRIAL SCHOOLS. SECT. 8. A town may establish and maintain one or more industrial industrial schools, which shall be under the superintendence of the school committee, who shall employ the teachers, prescribe by towns, etc., under super- thc arts, trades, and occupations to be taught therein, and have intendency of 1 he general control and management thereof; but they shall mittee. C r not expend for any such school an amount exceeding the 1872 > 86 - appropriation specifically made therefor, and shall not compel any scholar to study any trade, art, or occupation without the consent of his parent or guardian ; and attendance upon such school shall not take the place of the attendance upon public schools required by law. NAUTICAL SCHOOLS. SECT. 9. A town may establish and maintain, upon shore or cities and upon ships or other vessels at the option of the school com- mittee, one or more schools for training young men or boys ticai schools in ships or on in nautical duties ; such schools shall be subject to the provi- shore. sions of the preceding section, except that the school committee may excuse boys attending such nautical schools from attend- ance on other schools. UNION SCHOOLS. SECT. 10. Two or more towns may, by a vote of a major- union schools ity of the legal voters in each town, unite in establishing union schools for the accommodation of such contiguous portions of or more each as shall be mutually agreed upon. ises, 278, i. SECT. 11. The management and control of such schools, the how man- location of the same or of the school-houses therefor, and the 8u ed ' or J > e c d Ued> apportionment of the expenses of erecting such school-houses etc and of the support and maintenance of said schools, with all 103 Mass. 99. expenditures incident to the same, shall be governed by the provisions of sections four, five, and six. SCHOOLS FOR PERSONS OVER TWELVE YEARS OLD. SECT. 12. A town may establish and maintain, in addition Scioois may to the schools required by law to be maintained therein, schools forThose*over for the education of persons over twelve years of age ; may ^ lve years determine the term or terms of time in each year and the <*. s. 38, 7. hours of the day or evening during which said school shall be io 6 Aiien,'i49. kept; and may appropriate such sums of money as may be necessary for the support thereof. 30 SCHOOL LAWS Schools to be SECT. 13. When a school is so established, the school corn- under super- intendence of mittee shall have the same superintendence over it as they have over other schools, and shall determine what branches of learn- ing may be taught therein. FEMALE ASSISTANTS. Female assist- SECT. 14. In every public school having an average of fifty G-. s. 38, 9. scholars, the school district or town to which such school be- longs, shall employ one or more female assistants, unless such district or town votes to dispense with such assistant. It would be well for the schools if the wise provision made by this statute was always observed. Great waste will be produced whenever a larger number of pupils than can be well taught are assigned to one teacher. Fifty pupils is the maxi- mum number. MORAL INSTRUCTION. Duty of in- SECT. 15. It shall be the duty of the president, professors, colleges, etc. and tutors of the university at Cambridge and of the several ^ 5 ) s 1 2 utlon ' colleges, of all preceptors and teachers of academies, and of S Ail 38 ' \27* a ^ ^ ner instructors of youth, to exert their best endeavors to impress on the minds of children and youth committed to their care and instruction the principles of piety and justice and a sacred regard to truth ; love of their country, humanity, and universal benevolence; sobriety, industry, and frugality; chastity, moderation, and temperance ; and those other virtues which are the ornament of human society and the basis upon which a republican constitution is founded ; and it s.hall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above-mentioned virtues to preserve and perfect a republican constitution and secure the blessings of liberty as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices. Duty of minis- SECT. 16. The resident ministers of the gospel, the select- ters and town officers. men, and the school committees shall exert their influence and 101 Bias's? 143'. use their best endeavors that the youth of their towns shall regularly attend the schools established for their instruction. These provisions of the statutes contain an emphatic ex- pression of the will of the people concerning the introduction of the moral element into all our public instruction. By it the teachers of science, as well as of religion, are enjoined to train the young under their care to the practice of every virtue. This provision, sanctioned and enforced by the popular will, has produced a most marked effect upon the spirit of our educa- tional institutions. OF MASSACHUSETTS. 31 TOWNS TO RAISE MONEY FOR SCHOOLS. SF.CT. 17. The several towns shall at their annual meet- Towns to ,, T ,, , . , raise money ings, or at a regular meeting called tor the purpose, raise such for schools. sums of money for the support of schools as they judge neces- S'Met.^is! 2 ' sary ; which sums shall be assessed and collected in like man- ner as other town taxes. CONVEYANCE OF PUPILS. Chapter 132 of the Acts of 1869 provi'des that any town in the Commonwealth may raise by taxation or otherwise, and appropriate money to be expended by the school committee in their discretion, in providing for the conveyance of pupils to and from the public schools. SCHOOL FUNDS OF CORPORATIONS. SK choose by written ballots a school committee, which 1879, 223. shall have the general charge and superintendence of all the 5Cueh.'207.' public schools in the town. Said committee shall consist of an J number of persons divisible by three which said town has 12 decided to elect, one-third thereof to be elected annually, and 101 Maes. 143. to continue in office three years. No person shall be deemed 105 Mass. 475. , , . ,. ., , A , , to be ineligible to serve upon a school committee by reason ot sex. If a town fails or neglects to choose such committee, an election at a subsequent meeting shall be valid. The school law of 1826, chapter 170, section 1, first re- quired towns to elect a school committee. By the statutes of 1827, chapter 143, section 5, every town was required to elect three, five, or seven persons, and towns containing four thousand inhabitants were empowered to choose an additional number not exceeding five. The act of 1857, chapter 270, changed the number to three or some multiple of three, and each member after the first elec- tion was to hold of^ce for three years. OF MASSACHUSETTS- . 33 By this section the committee have general charge and super- intendence of the schools. The school committee of a town are to determine what is a " sufficient number" of schools for a town to maintain. Chief Justice Shaw uses the following language : There being no specific direction how schools shall be organized; how many schools shall be kept ; what shall be the qualifications for admission to the schools ; the age at which children may enter ; the age to which they may continue ; these must all be regulated by the committee, under their power of general superintendence. The power of general superintendence vests a plenary authority in the committee to arrange, classify, and distribute pupils, in such a manner as they think best adapted to their general proficiency and welfare. If they should judge it expedient to have a grade of schools for children from seven to ten, and another for those from ten to four- teen, it would seem to be within their authority to establish such schools ; so to separate male and female pupils into different schools. In the absence of special legislation on this subject, the law has vested the power in the committee to regulate the system of distribu- tion and classification ; and when this power is reasonably exercised, without being abused or perverted by colorable pretences, the decision of the committee must be deemed conclusive. 5 Gush. 207, 208, 209. It is competent for teachers, with the approval of the school committee, to require pupils to prepare other exercises and to pursue other studies than those named in this section, if they are clearly included in those required, as composition-writ- ing is included in orthography and in grammar. The general school committee of a city or town have power, under the laws of this Commonwealth, in order to maintain the purity and discipline of the public schools, to exclude there- from a child whom they deem to be of a licentious and im- moral character, although such character is not manifested by any acts of licentiousness or immorality within the school. 8 Cush. 160. The school committee has authority, not subject to revision if exercised in good faith, to exclude a pupil from a public school for misconduct which injures its discipline and management; and the expulsion of such a pupil from the school by a part of the committee, unanimously ratified afterwards by the full com- mittee, is not an irregularity in the exercise of the authority, which gives the pupil a right of action against the town. 105 Mass. 475. 34 SCHOOL LAWS FILLING VACANCIES IN COMMITTEE. J ^cancies, SECT. 22. If a person elected a member of the school corn- how nlled. G. S. 38, 17. mittee, after being duly notified of his election in the manner in which town officers are required to be notified, refuses or neglects to accept said office, or if a member of the committee declines further service, or, from change of residence or other- wise, becomes unable to attend to the duties of the committee, the remaining members shall, in writing, give notice of the fact to the selectmen of the town, or to the mayor and alder- men of the city, and the two boards shall thereupon, after giv- ing public notice of at least one week, proceed to fill such vacancy ; and a majority of the ballots of persons entitled to vote shall be necessary to an election. When whole SECT. 23. If all the persons elected members of the school decline, new committee, after such notice of their election, refuse or neglect howelected. to acce P t tlie ffi ce > r having accepted afterwards decline fur- G. s. 38, is. ther service, or become unable to attend to the duties of the committee, the selectmen or the mayor and aldermen shall, after giving like public notice, elect by ballot a new commit- tee, and the votes of a majority of the entire board of select- men, or of the mayor and aldermen, shall be necessary to an election. To constitute a valid election, in case of vacancy, the per- son elected must have received a number of votes equal to a majority of all the persons entitled to vote ; that is, if there were in a town five selectmen and five remaining members of the school committee, there would be ten persons entitled to vote; and six votes would be necessary to an election, even though only eight, or seven, or six votes should be cast. The same rule also applies when, under the authority given in the twenty-third section, the mayor and aldermen of a city, or the selectmen of a town, proceed to elect an entire board of school committee. An article " to choose all necessary town officers " is notice only of those elections that are provided for by the standing laws. Hence it follows that vacancies occurring after the warrant for the annual election is issued, and before the election is held, cannot be filled at that meeting. In such case the vacancy must be filled by the conventions provided for in the twenty-second and twenty-third sections of this chapter. The following case was once submitted to the department : The annual meeting of a town was held on the fifth of March. Before the election of members of the school committee, the meeting adjourned to the first Monday of April. About the twentieth of March a member of the school committee resigned. OF MASSACHUSETTS. 35 On the twenty-seventh of March the remaining members of the committee and the selectmen, after giving due notice, elected a person to fill the vacancy. At the meeting in April, it being an adjournment of the March meeting, and acting under an article in the warrant "to choose all necessary town officers " the town elected a different person to fill the vacancy. The attorney-general gave an opin- ion that the election by the town was not valid, and that the person elected in convention was entitled to the seat. SECT. 24. The term of service of every member elected in Term of ser- purs nance of the provisions of the two preceding sections shall f p va- end with the municipal or official year in which he is chosen ; 8 and if the vacancy which he w r as elected to fill was for a longer period, it shall, at the first annual election after the occurrence of the vacancy, be filled in the manner prescribed for original elections of the school committee. OLD BOARD TO MAKE RETURNS. SECT. 25. All the members of the school committee shall On election of new board, continue in office for the purpose 01 superintending the winter certain duties terms of the several schools, and of making and transmitting the certificate, returns, and report of the committee, notwith- ** ? ^. 20> standing the election of any successor at the annual meeting ; but for all other duties, the term of office shall commence im- mediately after election ; except that, in cities where no differ- * ent provision has been specifically made, the term of office of members of the school committee shall commence at the time provided in regard to members of the several city councils. INCREASING OR DIMINISHING COMMITTEE. SECT. 26. A town may, at its annual meeting, vote to in- Committee, crease or diminish the number of its school committee. Such oiTimintehed increase shall be made by adding one or more to each class, to G - 8> 38> 2L hold office according to the tenure of the class to which they are severally chosen. Such diminution shall be made by choosing, annually, such number as will in three years effect it, and a vote to diminish shall remain in force until the dimi- nution under it is accomplished. By this statute a town may increase its school committee by adding an equal number to each of its three classes, and this may be done at any annual meeting named for that purpose. It will, however, require three years to effect a diminution, as members once duly elected cannot be deprived of their offices. During the time required to make the diminution, it may occur that the committee will not always consist of some multiple of three. 36 SCHOOL LAWS Comraiuec, SECT. 27. The school committee shall appoint a secretary secretary.' and keep a permanent record book, in which all its votes, orders, and proceedings shall by him be recorded, to contract SECT. 28. The school committee, [unless the town at its an- with teachers, unless, etc. nual meeting determines that the duty may be performed bv f" 1 *> *^S & "2*3 4 Gush. 599. ' the prudential committee] , shall select and contract with the wSSujlst. teaohers of the public schools; shall require full and satis- factory evidence of the good moral character of all teachers who may be employed; and shall ascertain, by personal ex- amination, their qualifications for teaching, and their capacity for the government of schools. (The clause in the above section enclosed in brackets is ren- dered void by chapter 219 of the Acts of 1882, which abolished the school district system.) TENURE OF OFFICE. Chapter 313 of the Acts of 1886 provides that the school committee of any city or town may elect any duly qualified person to serve as a teacher in the public schools of such city or town during the pleasure of such committee : provided, such person has served as a teacher in the public schools of such city or town for a period of not less than one year. SELECTION AND EXAMINATION OF TEACHERS. The duty indicated in the twenty-eighth section is the most important one which the school committee is called to perform. It is necessary that the schools shall be supplied with good teachers ; for whatever may be done by external agencies, a good school will never exist until it is created by a good teacher. The committee are to find such teachers by examination. The most satisfactory examination will be made by observing a teacher at his work. If this cannot be done, the candidate may be examined by questions, which shall test his ability to teach the branches of learning to be pursued in the schools, also his ability to organize and control a school. Before a teacher is employed, the committee should be thoroughly satis- fied that he has a good moral character, and that he has a good method of teaching morals to his pupils. ' ' The authority and duty of the school committee of a town are not confined to ascertaining by examination the literary qualifications of teachers, and their capacity for the government of schools ; but they are the sole judges of their qualifications in OF MASSACHUSETTS. 37 all respects to tench and govern the school for which they are selected." 9 Allen, 94. SALARIES AND APPROPRIATIONS. " The school committee have the whole power to examine teachers, and no one can legally be a teacher in any public school, until he has received from the school committee a writ- ten certificate of his qualification. " By this statute, the committee has the power, absolutely and unconditionally, to agree upon the salaries of the teachers. There is no power given to any other men, or body of men, to contract with the teachers, and this power is given by the statute, and not by the town or city. " The Legislature have imposed on the committee the duty of seeing to it that the public schools are in a condition and of a character best calculated to advance the improvement and promote the good of the pupils. The character of the schools will depend on the character of the teachers, and the character of the teachers will depend on the compensation. The power to fix the compensation is chiefly intrusted to the committee for the full, appropriate and most useful discharge of their duties. This power the Legislature, for the most satisfactory reasons, have expressly given to them. To say that the city is not bound to pay according to the contract of the committee would be in effect to say, that the committee had no power to contract." Bachelder v. City of Salem. 4 Gush. 599. " The power of the school committee to fix the compensa- tion of the teachers of the schools of a city, and bind the city to pay the same, cannot be controlled by the city council except by voting to close the schools after they have been kept open the time required by law. " The power given to the school committee to contract with teachers necessarily implies and includes the power to deter- mine their salaries. And in so doing they are not restricted to the amount appropriated by the city council. "The school committee are an independent body, intrusted by law with large and important powers and duties ; and, although every discretionary power is liable to abuse, against which no perfect safeguards can be provided, yet we are aware of no substantial reason for supposing that the power of fixing teachers' salaries is more liable to abuse by the school commit- 38 SCHOOL LAWS tees than by the city council. At all events, the interpretation of the law to which we now adhere 'was adopted many years ago [see Bachelder v. Salem, 4 Gush. 603], and the Legisla- ture has not seen fit to change its provisions." 98 Mass. 587. AUTHORITY OF TEACHERS OVER PUPILS. Section 1 of chapter 44 of the Public Statutes imposes upon the teachers of the public schools the duty of instructing their pupils in good behavior. The Constitution of the State makes it the duty of all insti- tutions of learning to train those committed to them in the practice of every virtue. To attain these ends it is necessary that a wise government over the pupils shall be uniformly and persistently maintained. The teacher is therefore vested with the authority of the parent in the control of the children in their relations as pupils of his school. 1. In the school-room he has exclusive control of his pupils, subject only to the direction of the school committee. 2. He may rightfully exercise the same full control over his pupils at any time while they are on any part of the school premises. 3. While the pupils are on their way to and from the school, the authority of the teacher may be considered as concurrent with that of the parent or guardian. If the pupils in coming to school, or in going from it to their homes, commit an offence against the civil laws, it will be well to leave the offenders in the hands of judicial or parental authority. But if the children quarrel on their way, or are wilfully tardy, or use indecent and profane language, or in any way by their conduct injure the good order and discipline of the school, the teacher may take notice of such conduct by subjecting the offender to such wise and judicious treatment as will have a tendency to prevent a repetition of the offence. In such cases the teacher should exercise great caution not to use any doubtful authority, or any questionable modes of correction. TEACHERS' CERTIFICATES. Teachers^to SECT. 29. Every teacher of a town or district school shall, tile certificate; before he opens such school, obtain from the school committee when an low ft cert jfj cate m duplicate of his qualifications, one of which G. S. 38, 24. shall be deposited with the selectmen before any payment is made to such teacher on account of his services ; and upon so filing such certificate, the teacher of any public school shall be OF MASSACHUSETTS. 39 entitled to receive, on demand, his wages due at the expiration of any quarter, or term longer or shorter than a quarter, or upon the close of any single term of service, subject to the conditions specified in section fifteen of chapter forty-six. DISMISSAL OF TEACHER. SECT 30. The school committee may, when they think Teacher* may J J be dismissed, proper, dismiss any teacher from employment, and such teacher etc. shall receive no compensation for services rendered after such 12' Gray! 339.' dismissal. 9 Allen/94. ' No teacher shall be allowed to enter upon the discharge of the duties of his office until he has obtained from the school committee a duplicate certificate of qualifications. He must deposit one copy with the selectmen of the town ; the other he must retain for his own reference. Until this is done the teacher has no authority either to teach or to control a school, nor will he be legally entitled to his wages. The power granted by the thirtieth section is absolute. It will often happen that a committee may be in possession of suffi- cient reasons to justify the dismissal of a teacher, and yet a wise public policy would avoid a disclosure of them. Experience has proved that this power is not liable to abuse. Committees are reluctant to take upon themselves the responsibility of dis- missing a teacher, except in extreme cases. WHEN COMMITTEES SHALL VISIT SCHOOLS. SECT. 31. The school committee or some one or more of School com- . mittees to visit them, in each town where there is no superintendent of schools, schools at shall for the purpose of organizing and making a careful ex- an C (j once a ' amination of the schools, and of ascertaining that the scholars u n *^2Jg are properly supplied with books, visit all the public schools notice to therein on some day during the first week after the opening of p^e of visits. such schools, and on some day during the two weeks preceding Sif/S^V 2 ! 6 -' the close of the same, and also, without giving previous notice thereof to the instructors, once in each month ; and they shall at such examinations inquire into the regulation and discipline of the schools and into the habits and proficiency of the scholars. The requirements of this section are so plain as to leave no room for explanation. BlHLE TO BE READ IN THE SCHOOLS. SECT. 32. The school committee shall require the daily Bible to be reading in the public schools of some portion of the Bible, schools. See- without written note or oral comment; but they shall not re- excluded. quire a scholar, whose parent or guardian informs the teacher J^' ^ in writing that he has conscientious scruples against it, to read 12 Alien, 127. 40 SCHOOL LAWS from any particular version, or to take any personal part in the reading ; nor shall they direct to be purchased or used in the public schools school-books calculated to favor the tenets of any particular sect of Christians. " The school 'committee of a town may lawfully pass an order that the schools thereof shall be opened each morning with reading from the Bible and prayer, and that during the prayer each scholar shall bow the head, unless his parents request that he shall be excused from doing so ; and may lawfully exclude from the school a scholar who refuses to comply with such order, and whose parents refuse to request that he shall be excused from doing so." 12 Allen, 127. It is the settled policy of the State to require the use of the Bible in the public schools, and since the passage of the act of 1855, there have been but few objections made. The duty of the committees is performed if they require the Bible to be read by the teachers as a part of the morning devotional service. The law does not prescribe, as a rule from which there are to be no deviations, that every pupil who may be able to read the Bible shall be required to do so. In this respect a discretion is vested in the committees. No sectarian books are used in the schools. COMMITTEE TO PRESCRIBE COURSE OF STUDIES. Committee to SECT. 33. The school committee shall direct what books books shall be shall be used in the public schools, and shall prescribe, as far as is practicable, a course of studies and exercises to be pur- suec ^ tnerem - These exercises may, at the discretion of the studies^. committee, include calisthenic, gymnastic, and military drill : 1881, 193, i. provided, that no special instructors shall be employed to teach gymnastic, calisthenic, or military drill, except by a two- thirds vote of the committee present and voting thereon. But no pupil shall be required to take part in any military exercise in case he, his parent or guardian, notifies the school com- mittee that he or such parent or guardian has conscientious scruples against such exercise, or believes it would be injurious to the health of said pupil. It is necessary that the schools of every town shall have a definite and well arranged course of studies. The topics introduced into the course should be such as will lead the learner to obtain useful knowledge, and such also as will furnish occasions for that activity of the mind which will OF MASSACHUSETTS. 41 produce the best mental development. The topics should be so arranged in the course that they will hold a logical relation to one another, and will be adapted to the wants of the minds of the pupils as their powers are developed. CHANGES OF SCHOOL-BOOKS. SECT. 34. A change may be made in the school-books used ^ 1 mi J 1 j t l t e e in the public schools in a town by a vote of two-thirds of the books by two- whole school committee thereof at a meeting of said com- whole com- mittre, notice of such intended change having been given at a y 2 previous meeting. FREE TEXT-BOOKS. Chapter 103 of the Acts of 1884 provides that the school committee of every city and town shall purchase, at the expense of such city or town, text-books and other school sup- plies used in the public schools ; 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 to care and custody as the school committee may prescribe. Chapter 161 of the Acts of 1885 provides that school com- mittees may procure, at the expense of the city or town, in accordance with appropriations therefor previously made, such apparatus, books of reference, and other means of illustration as they deem necessary for the schools under their supervision. . The advantages of the free text-book system are : 1. Economy in time and money. Under the present system the schools may be supplied, on the first day of the term, with all necessary means of study. This prevents the long delays that were formerly experienced in organizing the classes, and enables the teacher to make a better classification of his school. Experience has proved that the expense of books and supplies, by the new method of purchase, is reduced nearly one-half. 2. The new system furnishes a good occasion for training the children to take good care of those things not their own, but which they are allowed to use. 3. It seems, by the returns, to have increased the attend- ance upon the schools more than ten per cent. 4. The public schools of the State are now literally free schools, offering to all, on the same free terms, the advantages of a good public school education. 42 SCHOOL LAWS Before the act of 1884 was passed, sixteen towns in the State had voluntarily adopted the free text-book system. In all cases the most satisfactory results followed. Duty of com- SECT. 41. In any town containing five hundred families mittee where school is for and in which a high school is kept as before provided, the whole town, school committee shall perform the duties in relation to such G. s. 38, 33. school, the house where it is kept, and the supply of all things necessary therefor, which the prudential committee may per- form in a school district. PAY OF SCHOOL COMMITTEES. of Committee SECT ' 42 ' Each member of tlie school committee in cities G. s. 38, 34. shall be paid one dollar a day, and in towns two dollars and a -IO-TO 1 =7 *J half a day, for the time actually employed in discharging the duties of the office, together with such additional compensation as the city or town may allow, except as provided in the fol- lowing section. SUPERINTENDENTS OF PUBLIC SCHOOLS. eut P of schools SECT. 43. A city by ordinance, and a town by vote, may appointment, require the school committee annually to appoint a superin- G. s. 38, 35. tendent, who, under the direction and control of said commit- 1870J 117! tee > shall have the care and supervision of the public schools ; 1874* 2:2' or ^ e sc hl committee of any city without such ordinance may appoint a superintendent by a majority vote of the whole board ; the compensation of the superintendent shall not be less than one dollar and fifty cents for each day of actual ser- vice, and shall be determined by the school committee, and, in cities without such ordinance, by a majority vote of the Avhole board ; in every city in which such ordinance is in force or in which a superintendent is appointed, and in every town in which a superintendent is appointed and which does not pro- vide otherwise by vote, the school committee shall receive no compensation. UNION OF TOWNS TO EMPLOY SUPERINTENDENT. Towns may SECT. 44. Two or more towns may, by a vote of each, form form a district *. J for employ- a district for the purpose 01 employing a superintendent or tatendent ??'" public schools therein, who shall perform in each town the I87o, i83, i. d ut i es prescribed by law. manner of SECT. 45. Such superintendent shall be annually -appointed saiaryfetc" 1 ' b y a joint committee, composed of the chairman and secretary 1870, 183, 2. O f tn e school committee of each of the towns in said district, who shall determine the relative amount of service to be per- formed by him in each town, and shall fix his salary and appor- tion the amount thereof to be paid by the several towns, and certify such amount to the treasurer of each town. Said joint committee shall, for said purposes, be held to be the agents of each town composing such district. OF MASSACHUSETTS. 43 Chapter 431 of the Acts of 1888 provides as follows : 1 . Any two or more towns the valuation of each of which does not exceed two million five hundred thousand dollars, and the aggre- gate number of schools in all of which is not more than fifty nor less than thirty, may, by vote of the several towns, unite for the purpose of the employment of a superintendent of schools under the provi- sions of this act. 2. When such a union has been effected, the school committees of the towns comprising the union shall form a joint committee, and for the purposes of this act said joint committee shall be held to be the agents of each town comprising the union. Said committee shall meet annually in joint convention in the month of April at a day and place agreed upon by the chairman of the committees of the several towns comprising the union, and shall organize by the choice of a chairman and secretary. They shall choose, by ballot, a superintend- ent of schools ; determine the relative amount of service to be per- formed by him in each town ; fix his salary, and apportion the amount thereof to be paid by the several towns, and certify such amount to the treasurer of each town. STATE AID FOR SUPERINTENDENTS. 3. Whenever the chairman and secretary of such joint committee shall certify to the state auditor, under oath, that a union has been effected as herein provided, that the towns, in addition to an amount equal to the average of the total sum paid by the several towns for schools during the three years next preceding, unitedly have raised by taxation and appropriated a sum not less than seven hundred and fifty dollars for the support of a superintendent of schools, and that under the provisions of this act a superintendent of schools has been employed for one year, a warrant shall be drawn upon the treasurer of the Commonwealth for the payment of one thousand dollars, one- half of which amount shall be paid for the salary of such superintend- ent and the remaining one-half shall be apportioned and distributed on the basis of the average public school attendance of the towns forming such district for the year next preceding, which amount shall be paid for the salaries of teachers employed in the public schools within such district. 4. A sum not exceeding twelve thousand five hundred dollars shall be annually appropriated for the purposes of this act. 5. The provisions of section forty-three of chapter forty-four of the Public Statutes respecting the service of school committees with- out pay in towns wherein a superintendent is appointed, shall not apply to towns uniting in the employment of a superintendent under the provisions of this act. 44 SCHOOL LAWS It is the universal testimony of those best able to judge, that the schools of a country are good as their superintendence is good, and poor as their superintendence is inefficient. The cities and large towns of the Commonwealth have provided themselves with school superintendents. The small towns can provide themselves with these agents, under the provisions made in section 44, or under those made by the act of 1888, chapter 431. The experiment has been tried by the formation of six districts, under the law of 1870, and in all cases it has proved eminently successful. SCHOOL-HOUSES. Towns not SECT. 46. Every town not divided into school districts shall districted to > maintain provide and maintain a sufficient number of school-houses, etc Penalty' properly furnished and conveniently located for the accommo- Cation of an tne children therein entitled to attend the public 1871, 145. schools ; and the school committee, unless the town otherwise directs, shall keep such houses in good order, and shall pro- cure a suitable place for the schools, where there is no school- house, and provide fuel and all other things necessary for the comfort of the scholars therein, at the expense of the town. A town which for one year refuses or neglects to comply with the requirements of this section shall forfeit not less than five hundred nor more than one thousand dollars, to be paid, appor- tioned, and appropriated as provided in sections nineteen and twenty. In accordance with the provision of section 46 it is the duty of the school committee of a town to keep the school-houses in a good condition for the convenience, comfort, and health of the children and their teachers. This implies that the school- houses are provided with a good site and situation ; that they are furnished with proper heating and ventilation ; that they are constructed so that the rooms shall have an abundance of light falling properly on the eyes of the children, and that they shall be of proper size to accommodate all who may rightfully occupy them . SANITARY CONDITION or SCHOOL-HOUSES. Chapter 149 of the Acts of 1888 provides : - 1. Every public building and every school-house shall be kept in a cleanly state and free from effluvia arising from any drain, privy or other nuisance, and shall be provided with a sufficient number of proper water closets, earth closets, or privies for the reasonable use of the persons admitted to such public building or of the pupils attending such school-house. OF MASSACHUSETTS. 45 2. Every public building and every school-house shall be venti- lated in such a proper manner that the air shall not become so ex- hausted as to be injurious to the health of the persons present therein. The provisions of this section and the preceding section shall be enforced by the inspection department of the district police force. 3. Whenever it shall appear to an inspector of factories and pub- lic buildings that further or different sanitary provisions or means of ventilation are required in any public building or school-house in order to conform to the requirements of this act, and that the same can be provided without incurring unreasonable expense, such in- spector may issue a written order to the proper person or authority directing such sanitary provisions or means of ventilation to be pro- vided, and they shall thereupon be provided in accordance with such order by the public authority, corporation or person having charge of, owning or leasing such public building or school-house. 4. Any school committee, public officer, corporation or person neglecting for four weeks after the receipt of an order from an in- spector, as provided in the preceding section, to provide the sanitary provisions or means of ventilation required thereby shall be punished by fine not exceeding one hundred dollars. ">. The expression " public building" used in this act means any building or premises used as a place of public entertainment, instruc- tion, resort or assemblage. The expression "school-house" means any building or premises in which public or private instruction is afforded to not less than ten pupils at one time. LOCATION OF SCHOOL-HOUSES. SECT. 47. A toAvn, at a meeting legally called for the pur- Location of school-houses. pose, may determine the location of its school-houses, and G. s. 38, 37. . adopt all necessary measures to purchase and procure land for J^7 Mass.'!. 06 ' the accommodation thereof. TAKING LAND FOR SCHOOL-HOUSES. SECT. 48. When land has been designated by a town, or by |^ t nfor y be a school district or those acting under its authority, or has school-house been determined upon by the selectmen of a town, as a suitable e c 8 ' place for the erection of a school-house and necessary build- ^Gray^u!' ings, or for enlarging a school-house or school-house lot, the 10 Gray, 40. selectmen may proceed to select, at their discretion, and to 102 Mass. 512. lay out a school-house lot or an enlargement thereof, and to appraise the damages to the owner of such land in the manner provided for laying out town ways and appraising damages sustained thereby ; and upon the approval and adoption by the town of such selection and laying out of such lot, or of any enlargement thereof, the land shall be taken, held, and used for such purpose. But no lot so taken or enlarged shall exceed in the whole eighty square rods, exclusive of the land occupied by the school buildings. 46 SCHOOL LAWS Owner of land may have jury. Pro- ceedings. Damages and costs. G. S. 38, 39. 2 Gray, 414. 109 Mass. 225. Committee of town not dis- tricted to have charge of school-houses. G. 8. 38, 40. Provisions of chapter to ap- ply to cities, except, etc. G. S. 38, 41. SECT. 49. When the owner feels aggrieved by the laying out or enlargement of such lot, or by the award of damages, he may, upon application therefor in writing to the county commissioners within one year thereafter, have the matter of his complaint tried by a jury, and the jury may change the location of such lot or enlargement, and assess damages there- for. The proceedings shall in all respects be conducted in the manner provided in cases of damages by laying out highways. If the damages are increased or the location changed by the jury, the damages and all charges shall be paid by the town ; otherwise the charges arising on such application shall be paid by the applicant. The land so taken shall be held and used for no other purpose than that contemplated by this chapter, and shall revert to the owner, his heirs or assigns, upon the discon- tinuance there, for one year, of such school as is required by law to be kept by the town. USE OF SCHOOL-HOUSES. SECT. 50. The school committee of 'a town in which the school district system does not exist shall have the general charge and superintendence of the school-houses therein, so far as relates to the uses to which the same may be appro- priated. SECT. 51. Except as may be otherwise provided in their respective charters or in acts in amendment thereof, the pro- visions of this chapter, so far as applicable, shall apply to cities. CHAPTER 46. OF SCHOOL REGISTERS AND RETURNS. SECTION 1. Town clerks to deliver registers, etc., to school committee. 2. If not received. 3. Duties of school committee as to per- sons between five and fifteen. 4. Penalty for withholding information from committee, etc. 5. School committee to certify number of children, sums raised for schools, etc. 6. Registers to be kept; returns. 7. In returns, twenty days or forty half- days to be counted as one month. SECTION 8. Committee's report; to whom sent; where deposited ; to be printed. 9. When report is not made. 10. When informal, etc. 11. Penalty for neglect or for informal, etc., report. 12. Reports, etc., of board of education, how received, delivered, and for what purpose. In whom property of. 13. Who to sign reports. 14. Penalty on committee for neglect in returns, etc. 15. Registers, how kept. Teachers not to draw pay until return of register. Town clerks SECTION 1. The clerks of the several cities and towns, upon receiving from the secretary of the board of education the school registers and blank forms of inquiry for school returns, G. S. 40, 1. shall deliver them to the school committee of such cities and towns, OF MASSACHUSETTS. 47 SECT. 2. If a school committee fails to receive such blank if not re- forms of return on or before the last day of March, they shall G-. s. 40, 2. forthwith notify the secretary of the board of education, who shall transmit such forms as soon as may be. SECT. 3. The school committee shall annuaHy, in the School corn- month of May, ascertain or cause to be ascertained the names "JScord oSi! and ages of all persons between the ages of five and fifteen c hildreu be - years belonging to their respective cities and towns on the first five and fif- day of May, and shall make a record thereof. 1874,' 303, i. SECT. 4. Whoever, having under his control a child between Penalty for the ages of eight and fourteen years, withholds information in information his possession sought by a school committee or its agents for * rom commit - the purposes of the preceding section, or falsifies in regard to 1879, 21. the same, shall be punished by fine not exceeding twenty dollars, or by imprisonment not exceeding thirty days. FORM OF CERTIFICATE. SECT. 5. The school committee shall annually, on or before School com- the last day of the following April, certify under oath the fy numbed" numbers so ascertained and recorded, and the sum raised by , f children, also sum their city or town for the support of schools during the preced- raised for ing school year, including only wages and board of teachers, school's. fuel for the schools, and care of the fires and school-rooms ; 18 ' 4 > 303) 2 - and they shall transmit such certificate to the secretary of the board of education. The form of such certificate shall be as follows : to wit, We, the school committee of , do certify that on the first Form of cer- day of May, in the year , there were belonging to said tificate. town [or city] the number of persons between the ages of live and fifteen ; and we further certify that said town [or city] raised the sum of dollars for the support of public schools for the preceding school year, including only the wages and board of teachers, fuel for the schools, and care of fires and school-rooms, and that said town [or city] maintained, during said year, each of the schools required to be kept by section one of chapter forty-four of the Public Statutes for a period not less than six months ; and we further certify that said town [or city] maintained during said year school for the benefit of all the inhabitants of the town [or city] , as required by section two of chapter forty-four of the Public Statutes for months and days. > School Committee. , 88. On this day of , personally appeared the above- named school committee of , and made oath that the above certificate by them subscribed is true. Before me, Justice of the Peace. No more important duty is laid upon the school committees than the one prescribed by the fifth section of this chapter. If properly discharged, two results will follow : First, the census 48 SCHOOL LAWS will be likely to be full and accurate ; and second, the committees who are charged with the duty of enforcing, through the aid of the truant officers, the laws relating to school attendance, will have in their own hands a complete knowledge of the persons and facts, necessary to the proper discharge of their duties. Registers and returns. G. S.40, 5. In returns, twenty days or forty half- days counted as one month. 1865, 142, 3. SCHOOL REGISTERS. SECT. 6. The school committee shall cause the school regis- ters to be faithfully kept in all the public schools, and shall annually, on or before the last day of April, return the blank forms of inquiry, duly filled up, to the secretary of the board of education ; and shall also specify in said returns the purposes to which the money received by their town or city from the income of the school fund has been appropriated. SECT. 7. In such returns, twenty days or forty half-days of actual session shall be counted as one month. The enactment requiring registers to be kept in schools was made for the purpose of securing full and accurate statistics concerning the schools of the Commonwealth, so that suitable measures might.be, from time to time, adopted by legislation and otherwise, to supply defects in, and increase the benefits derived from, our common schools. "Neither the school committee nor the town have power to dispense with the proper keeping of a school register." 2 Allen, 592. PRINTED SCHOOL REPORTS. SECT. 8. The school committee shall annually make a de- tailed report of the condition of the several public schools, which report shall contain such statements and suggestions in relation to the schools as the committee deem necessary or proper to promote the interests thereof. The committee shall cause said report to be printed, for the use of the inhabitants, in octavo, pamphlet form, of the size of the annual reports of the board of education, and transmit two copies thereof to the secretary of said board on or before the last day of April, and shall deposit one copy in the office of the clerk of the city or town. SECT. 9. When a school committee fails to make within the prescribed time either the returns or the report required of them by law, the secretary of the board of education shall forthwith notify such committee, or the clerk of the city or town, of such failure ; and the committee or clerk shall imme- diately cause the same to be transmitted to the secretary. Committee's report; to whom sent; where depos- ited ; to be printed. G. S. 40, 6. 11 Gray, 340. 101 Mass. 142. When report is not made. G. S. 40, 7. See chap. 43, sect. 5 ; chap. 46, sect. 11 ; chap. 46, sect. 14, OF MASSACHUSETTS. 49 INCORRECT RETURNS. SECT. 10. If a report or return is found to be informal or when infor- incorrect, the secretary shall forthwith return the same, with a G^S.^O', 8. statement of all deficiencies therein, to the committee for its further action. PENALTY FOR FAILURE TO MAKE RETURNS. SECT. 11. The returns or reports of a city or town so re- Penalty for turned by the secretary for correction, or which have not J^JJ readied his office within the time prescribed by law, shall be Q p y rt ; received by him if returned during the month of May ; but in all such cases ten per cent, shall be deducted from the income of the school fund which such city or town would have been otherwise entitled to. If such returns or reports fail to reach his office before the first day of June, then the whole of such city or town's share of the income shall be retained by the treasurer of the commonwealth ; and the amount so retained, as well as the ten per cent, when deducted, shall be added to the principal of the school fund. And such city or town shall in addition thereto forfeit not less than one hundred nor more than two hundred dollars; but if said returns and reports were' duly mailed in season to reach said office within the time required by law, then the city or town frqm which they were due shall be exempt from the forfeiture otherwise incurred. DISTRIBUTION OF REPORTS OF BOARD OF EDUCATION. SECT. 12. The clerk of each city and town shall deliver one Reports, etc., copy of the reports of the board of education and of its secre- ^ucatioV^ tary to the secretary of the school committee of the city or how received, , . , delivered, and town, to be by him preserved for the use ot the committee, and for what pur- transmitted to his successor in office ; and two additional copies T^whom of said reports, for the use of said committee ; and shall de- P r P ertv be - liver one copy of said reports to the clerk of each school dis- CK 8. 40, 10. trict, to be by him deposited in the school district library, or, if there is no such library, carefully kept for the use of the pru- dential committee, teachers, and inhabitants of the district, during his continuance in office, and then transmitted to his successor ; and in case the city or town is not districted, said reports shall be delivered to the school committee, and so de- posited by them as to be accessible to the several teachers and to the citizens; and such reports shall be deemed to be the property of the city or town, and not of any officer, teacher, or citizen thereof. Special attention is called to the provisions of the twelfth section. 50 SCHOOL LAWS Who to sign reports. G. 8. 40, 11. Penalty on committee for neglect in returns, etc. G. 8. 40, 12. Registers, how kept. Teachers not to draw pay until return of register. G.8.40, 13. 2 Allen, 592. WHO MAY SIGN RETURNS. SECT. 13. When the school committee of a city or town is not less than thirteen in number, the chairman and secretary thereof may, in behalf of the committee, sign the annual school returns and the certificate required by sections five and six. PENALTY FOR NEGLECT OF SCHOOL COMMITTEE. SECT. 14. A city or town which has forfeited any part of its portion of the income of the school fund through the failure of the school committee to perform their duties in regard to the school report and school returns may withhold the compensa- tion of the committee. TEACHERS TO FAITHFULLY KEEP THE REGISTERS. SECT. 15. The several school teachers shall faithfully keep the registers furnished to them, and make due return thereof to the school committee, or to such person as they may desig- nate, and no teacher shall be entitled to receive payment for services until the register, properly filled up and completed, is so returned. Every good teacher will perform all the labor required by the fifteenth section, even though he has no pecuniary interest therein. It is feared that teachers often receive payment for their services, when the register has not been " properly filled up and returned." Committees will be justified in exacting a careful and faithful performance of the duty. CHAPTER 47. OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS. SECTION 1. Every person having control of chil- dren between eight and fourteen years old to cause same to attend school. Penalty for neglect. Excuses for neg- lect. 2. What private schools may be approved under preceding section. 3. Truant officers and school committee to inquire and prosecute. 4. All children may attend where they reside. 5. School committee to regulate admis- sion, etc., to high school. 6. Children may attend in adjoining SECTION town, and committee pay for instruc- tion. 7. Wards may attend where guardian resides. 8. Children may attend in other towns than place of parents' residence, and parents pay, etc. 9. not to attend unless vaccinated. 10. Race, etc., not to exclude. 11. Teachers and school committee to state grounds of exclusion. 12. Damages for exclusion, how recov- ered. 13. Interrogatories to committee, etc. OF MASSACHUSETTS. 51 CHILDREN BETWEEN EIGHT AND FOURTEEN YEARS MUST ATTEND SCHOOL. SECTION 1. Every person having under his control a child Every person having control between the ages of eight and tourteen years shall annually of children cause such child to attend for at least twenty weeks some pub- and^om-tee?' lie day school in the city or town in which he resides, which y|J J^> to time shall be divided so far as the arrangement of school terms attend school will allow into two terms each of ten consecutive weeks; and etc. 6 ' 1 for every neglect of such duty the person offending shall for- STS," tro .Vi. feit to the use of the public schools of such city or town a sum 1874 233 * not exceeding twenty dollars ; but if the person so neglecting was not able, by reason of poverty, to send such child to school, or if such child has attended for a like period of time a private day school approved by the school committee of such city or town or is regularly attending a public or private day school known as a half-time school, also approved by them, or if such child has been otherwise furnished for a like period of time with the means of education, or has already acquired the branches of learning taught in the public schools, or if his physical or mental condition is such as to render such attend- ance inexpedient or impracticable, such penalty shall not be incurred. By the act of 1642 the selectmen of every town were in- structed to have a vigilant eye over their brethren and neigh- bors, to see that none of them shall suffer so much barbarism in any of their families as not to endeavor to teach, by themselves or others, their children and apprentices so much learning as may enable them to read the English tongue, and a knowledge of the capital laws. Section 1 of this chapter is a reproduction of the act of 1642. It is the policy of the Commonwealth to offer to every child the advantages of a good education. It is supposed that every parent or guardian will voluntarily accept the offer. The nature of our institutions and the relation that every individual holds to them, render universal education a necessity. But if in any case the offer is not accepted, nor the necessity perceived, then the school authorities must take advantage of our compul- sory law. Every child must be in school for at least twenty weeks of the year, from the time he is eight until he reaches the age of fourteen years. It is not to be assumed, however, that the legal rights of children are limited by the statutes in regard to the time of attendance. The school committees have authority vested in them of admitting pupils to the schools before they 52 SCHOOL LAWS are eight and after they are fourteen years of age. But it is the imperative duty of the truant officers of a town, acting under instructions from the school committees, to secure the attend- ance of all children between the ages of eight and fourteen years upon some approved school for at least twenty weeks in every year. WHEN PRIVATE SCHOOLS MAY BE APPROVED. What private SECT. 2. For the purposes of the preceding section school schools may . . be approved committees shall approve a private school only when the ceSngsection". teaching therein is in the English language, and when they are 1878* IT?' l ' sa ti sne d that sucn teaching equals in thoroughness and effi- ciency the teaching in the public schools in the same locality, and that equal progress is made by the pupils therein, in the studies required by law, with that made during the same time in the public schools ; but they shall not refuse to approve a private school on account of the religious teaching therein. If in any town there are children not in the public schools, it is the duty of the school committee to assure themselves that these children are receiving instruction of the right kind, and equal in value to that given in the public schools. DUTY OF TRUANT OFFICERS AND COMMITTEES. Truant offi- SECT. 3. The truant officers and the school committee of the inquire into several cities and towns shall vigilantly inquire into all cases tk> 8 n, 8 pr f o la ~ of neglect of the duty prescribed in section one, and ascertain Jutardlction the reasons > if anv > therefor ; and such truant officers, or any of courts and of them, shall, when so directed by the school committee, ISTS^ITQ, 2. prosecute, in the name of the city or town, any person liable to 187?' in' 1 6* the penalty provided for in said section. Police, district, and municipal courts, trial justices, and judges of the probate court, shall have jurisdiction within their respective counties of the offences described in section one. WHERE CHILDREN MAY ATTEND SCHOOL. Children to SECT. 4. All children within the commonwealth may attend the^ reside. the public schools in the place in which they have their legal G. s. 41, 3. res i(j ence? subject to the regulations prescribed by law. ADMISSION TO HIGH SCHOOL. Admission to SECT. 5. The school committee shall determine the number how regu ' and qualifications of the scholars to be admitted into the high OF MASSACHUSETTS. 53 WHEN CHILDREN MAY ATTEND IN ADJOINING TOWN. SECT. 6. Children living remote from any public school in children may the town in which they reside may be allowed to attend the public schools in an adjoining town, under such regulations anfl com - mittee pay for and on such terms as the school committees of the said towns instruction. agree upon and prescribe ; and the school committee of the ' town in which such children reside shall pay the sum agreed upon out of the appropriations of money raised in said town for the support of schools. The right of children living in one town to attend school in an adjoining one, is not a right that can be exercised freely, but is subject to the consent of the committee of the town to which the children belong, based upon an agreement between the committees of the two towns concerned. Nor can a town in it's corporate capacity take action in the matter. A custom has prevailed to some extent, of allowing certain individuals named in the warrant, and in the vote of the town, to draw their proportion of school money, and pay the same to an adjoining town. This course is illegal. See 8 Gush. 66, and 12 Pick. 206. MINOR MAY ATTEND WHERE GUARDIAN RESIDES. SECT. 7. Any minor under guardianship, whose father has Wards, where died, may attend the public schools of the city or town of against the city or town by which such school is sup- ported. Interrogate- SECT. 13. The plaintiff in such action may, by filing inter- nalttee, C et" rogatories for discovery, examine any member of the school G. S. 41, 12. oomm i ttee? or an y other officer of the defendant city or town as if he were a party to the suit. The reasons for which a child may be excluded absolutely from school, neither are nor can be expressed in the law. Committees are responsible for the exercise of a sound discre- tion. " The school committee of a city or town have power, under the laws of this Commonwealth, in order to maintain the purity and discipline of the public schools, to exclude therefrom a child whom they deem to be of a licentious and immoral char- OF MASSACHUSETTS. 55 acter, although such character is not manifested by any acts of licentiousness or immorality within the school." 8 Gush. 160. The rule is this : The committees have power to protect the schools from the presence of any one whose influence would be injurious to the whole, and subversive of the purposes man- ifestly contemplated by their establishment. A teacher may suspend a pupil, but he has no authority to expel. After suspension, the case should be referred at once to the school committee for their action. CHAPTER 48. OF THE EMPLOYMENT OF CHILDREN, AND REGULATIONS RESPECTING THEM. SCHOOLING AND LIMIT OF LABOR OF CHILDREN EMPLOYED IN MANUFACTO- RIES, ETC. SECTION 7. Penalty for employment of children under fourteen years, while public schools are in session, unless they can read and write. 8. Children under fifteen years not to be employed in circus, etc. Penalties. Proviso as to education of children in music, etc. 9. License not to be granted to public show in which children under fifteen years of age are employed. TRUANT CHILDREN AND ABSENTEES FROM SCHOOL. 10. Towhs may make provisions con- cerning habitual truants, etc. 11. Truant officers to be appointed by school committees. 12. Children convicted of being truants, etc., may be committed for two years to institutions provided therefor. 13. Jurisdiction. 14. County truant schools and union county truant schools, how estab- lished, etc. 15. Towns may assign truant schools or state primary school as places of con- finement of truants, etc. 16. Children committed may be dis- charged. 17. School committees to report whether the required provisions, etc., have been uiade for truants. CARE AND EDUCATION OF NEGLECTED CHILDREN. SECTION 18. Towns to make provisions for care, etc., of neglected children under six- teen years. 19. to appoint persons to make com- plaints. 20. Children under sixteen years grow- ing up without education, etc., may be committed to institutions, etc. 21. Children may be discharged when parents or others can or will properly take care of them. CARE AND PROTECTION OF DESTITUTE, ABANDONED, AND ABUSED CHILDREN. 22. Massachusetts Society for Prevention of Cruelty to Children may be ap- pointed guardian of abandoned or neglected children. 23. may receive charge of children un-' der fourteen years from parents, etc. 24. may be given custody of deserted children under five years on com- plaint to court, etc. 25. not obliged to receive any child. 26. Hampden County Children's Aid Association may have like privileges* etc. 27. Powers of the state board of health, etc., not limited by five preceding sec- tions. 56 SCHOOL LAWS The following law relative to the employment of children forms chapter 348 of the Acts of 1888 : - AN ACT IN RELATION TO THE EMPLOYMENT OF CHILDREN. Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same, as follows : No CHILD UNDER THIRTEEN TO BE EMPLOYED. 1. No child under thirteen years of age shall be employed at any time in any factory, workshop or mercantile establishment. No such child shall be employed in any indoor work, performed for wages or other compensation, to whomsoever payable, during the hours when the public schools of the city or town in which he resides are in session, or shall be employed in any manner during such hours unless during the year next preceding such employment he has attended school for at least twenty weeks as required by law. WHEN CHILDREN UNDER FOURTEEN MAY BE EMPLOYED. 2. No child under fourteen years of age shall be employed in any man- ner before the hour of six o'clock in the morning or after the hour of seven o'clock in the evening. No such child shall be employed in any factory, workshop or mercantile establishment, except during the vacation of the public schools in the city or town where he resides, unless the person or corporation employing him procures and keeps on file a certificate and employment ticket for such child as prescribed by section four of this act, and no such child shall be employed in any indoor work, performed for wages or other compensation, to whomsoever payable, during the hours when the public schools of such city or town are in session, unless as afore- said, or shall be employed in any manner during such hours unless during the year next preceding such employment he has attended school for at least twenty weeks as required by law ; and such employment shall not continue in any case beyond the time when such certificate expires. The chief of the district police, with the approval of the governor, shall have authority to designate any kind or kinds of employment in factories, work- shops or mercantile establishments as injurious to the health of children under fourteen years of age employed therein, and after one week's written notice from the said chief to the employer or his superintendent, overseer or other agent of such designation no such child shall be employed in any such kind or kinds of employment in any factory, workshop or mercantile establishment. WHEN CHILDREN UNDER SIXTEEN MAY BE EMPLOYED. 3. No child under sixteen years of age shall be employed in any factory, workshop or mercantile establishment unless the person or corporation employing him procures and keeps on file the certificate required in the case of such child by the following section, and also keeps on file a full and complete list of such children employed therein. OF MASSACHUSETTS. 57 FORM OF CERTIFICATES. 4. The certificate of a child under fourteen years of age shall not be signed until he presents to the person authorized to sign the same an employment ticket, as hereinafter prescribed, duly filled out and signed. The certificate and the employment ticket shall be separately printed, and shall be in the following forms respectively, and the blanks therein shall be filled out and signed as indicated by the words in brackets : EMPLOYMENT TICKET, LAW OF 1888. When [name of child], height [feet and inches], complexion [fair or dar.k], hair [color], presents a certificate duly signed, I intend to employ [him or her]. [Signature of intending employer or agent.] [Town or city and state.] AGE AND SCHOOLING CERTIFICATE, LAW OF 1888. This certifies that I am the [father, mother or guardian] of [name of child], and that [he or she] was born at [name of town or city], in the county of [name of county, if known], and state [or country] of [name], on he [day and year of birth] , and is now [number of years and months] old. [Signature of father, mother or guardian.] [Town or city and date.] Then personally appeared before me the above named [name of person signing 1 ] and made oath that the foregoing certificate by [him or her] signed is true to the best of [his or her] knowledge and belief. I hereby approve the foregoing certificate of [name of child], height [feet and inches], com- plexion [fair or dark], hair [color], having no sufticient reason to doubt that [he or she] is of the age therein certified. [Signature of person authorized to sign, with official character or authority.] [Town or city and date.] In ease the age of the child is under fourteen, the certificate shall continue as follows, after the word " certified " : And I hereby certify that [he or she] can read at sight, andean write legibly, simple sentences in the English language, and that [he or she] has attended the [name] public [or private] day school according to law for [number of weeks, which must be at least twenty] weeks during the year next preceding this date, and that the last twenty weeks of such attendance began [date]. This certificate expires [date, one year later than above date] . [Signature of the person authorized to sign, w^ith official character or authority.] If attendance has been at a private school, also signature of a teacher of such school, followed by words, certifying to school attendance. [Town or city and date.] In ease a child cannot read and write as above stated, the following may be substituted for the clause beginning " and I hereby certify " through to and including the word u language " : " and I hereby certify that [he or she] is a regular attendant at the [name] public evening school " ; but in such case the certificate shall only continue in force for as long a time as attendance of such child at such evening school is endorsed weekly during the session of such evening school, not exceeding the length of the public school year minus twenty weeks in place of attendance at day school as now provided by law, with" a statement from a teacher thereof certifying that his attend- ance continues regular. If attendance has been at a half-time school, forty weeks of such attendance must be certified to instead of twenty. The fore- 58 SCHOOL LAWS going certificate must be filled out in duplicate, and one copy thereof shall be kept on file by the school committee. Any explanatory matter may be printed with such certificate in the discretion of the school committee or superintendent of schools. WHO SHALL SIGN CERTIFICATES. .5. In cities and towns having a superintendent of schools, said certificate shall be signed only by such superintendent, or by some person authorized by him in writing ; in other cities and towns it shall be signed by some member or members of the school committee authorized by vote thereof : provided, however, that no member of a school committee, or other person authorized as aforesaid, shall have authority to sign such certificate for any child then in, or about to enter, his own employment, or the employment of a firm of which he is a member, or of a corporation of which he is an officer or employee. The person signing the certificate shall have authority to administer the oath provided for therein, but no fee shall be charged there- for ; such oath may also be administered by any justice of the peace. WHO MAY SIGN CERTIFICATES OF AGE. 6. The certificate as to the birthplace and age of a child shall be signed by his father if living and a resident of the same city or town ; if not, by his mother ; or if his mother is not living, or if living is not a resident of the same city or town, by his guardian; if a child has no father, mother or guardian living in the same city or town, his own signature to the certifi- cate may be accepted by the person authorized to approve the same. PROVISIONS AS TO CORRECT AGE. 7. No child who has been continuously a resident of a city or town since reaching the age of thirteen years shall be entitled to receive a certificate that he has reached the age of fourteen unless or until he has attended school according to law in such city or town for at least twenty weeks since reaching the age of thirteen, unless exempted by law from such attendance. Before signing the approval of the certificate of age of a child, the person authorized to sign the same shall refer to the last school census taken under the provisions of section three of chapter forty-six of the Public Statutes, and if the name of such child is found thereon, and there is a material dif- ference between his age as given therein and as given by his parent or guardian in the certificate, allowing for lapse of time, or if such child plainly appears to be of materially less age than that so given, then such certificate shall not be signed until a copy of the certificate of birth or of baptism of such child, or a copy of the register of its birth with a town or city clerk, has been produced, or other satisfactory evidence furnished that such child s of the age stated in the certificate. DUTIES OF TRUANT OFFICERS AND FACTORY INSPECTORS. 8. The truant officers may, when so authorized and required by vote of the school committee, visit the factories, workshops and mercantile estab- lishments in their several cities and towns, and ascertain whether any OF MASSACHUSETTS. 59 children under the age of fourteen, are employed therein contrary to the provisions of this act, and they shall report any cases of such illegal employment to th^ school committee and to the chief of the district police or the inspector of factories for the district. The inspectors of factories, and the truant officers when authorized as aforesaid, may demand the names of all children under sixteen years of age employed in such factories, workshops and mercantile establishments, and may require that the certifi- cates and lists of such children provided for in this act shall be produced for their inspection. Such truant officers shall inquire into the employment, otherwise than in such factories, workshops and mercantile establishments, of children under the age of fourteen years, during the hours when the public schools are in session, and may require that the aforesaid certificates of all children under sixteen shall be produced for their inspection ; and any such officer, or any inspector of factories, may bring a prosecution against a person or corporation employing any such child, otherwise than as aforesaid, during the hours when the public schools are in session, con- trary to the provisions of this act, if such employment still continues one week after written notice from such officer or inspector that such prosecu- tion will bo brought, or if more than one such written notice, whether relating to the same child or to any other child, has been given to such employer by a truant officer or inspector of factories at any time within one year. DUTIES OF PARENTS, GUARDIANS AND EMPLOYERS. 9. Every parent or guardian of a child under fourteen years of age who permits any employment of such child contrary to the provisions of this act, and every owner, superintendent or overseer of any factory, workshop or mercantile establishment who employs or permits to be employed therein any child contrary to the provisions of this act, and any other person who employs any child contrary to the provisions of this act, shall for every such offence forfeit not less than twenty nor more than fifty dollars for the use of the public schools of the city or town. Every parent, guardian, or person authorized to sign the certificate prescribed by section four of this act, who certifies to any materially false statement therein, shall be pun- ished by fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. A failure to produce to a truant officer or inspector of factories the certificate required by the provisions of this act shall be prima facie evidence of the illegal employ- ment of the child whose certificate is not produced. 10. The expressions " factory " and " workshop " used in this act shall have the meanings defined for them respectively by chapter one hundred and three of the acts of the year one thousand eight hundred and eighty- seven. 11. Within one month of the passage of this act the chief of the district police shall cause a printed copy thereof to be transmitted to the school committee of every city and town in the Commonwealth. 12. Sections one to six, inclusive, of chapter forty-eight of the Public Statutes, chapter two hundred and twenty-four of the acts of the year eighteen hundred and eighty-three, chapter two hundred and twenty-two of 60 SCHOOL LAWS the acts of the year eighteen hundred and eighty-five, and section one of chapter four hundred and thirty-three of the acts of the year eighteen hun- dred and eighty-seven are hereby repealed. * 13. This act shall take effect on the first day of July in the year one thousand eight hundred and eighty-eight. [Approved May 17, 1888.] PENALTY FOR EMPLOYING CHILDREN UNDER FOURTEEN WHO CANNOT READ AND WRITE. Children un- der fourteen years not to be employed while public schools are in session, unless they can read and write. Penalty. 1878, 257, 4. under fifteen years not to be employed in circus, etc. Penalties. Proviso as to education of children in music, etc. 1877, 172. License not to be granted for public show in which chil- dren under fifteen years are employed. 1874, 279. 1880, 88. SECT. 7. Every owner, superintendent, or overseer in any such establishment, who employs, or permits to be employed therein, a child under fourteen years of age who cannot read and write, while the public schools in the city or town where such child lives are in session, and every parent or guardian who permits such employment, shall for every such offence for- feit not less than twenty nor more than fifty dollars, for the use of the public schools of such city or town. CHILDREN UNDER FIFTEEN NOT TO BE EMPLOYED IN CIRCUSES, ETC. SECT. 8. Any person who employs or exhibits, or who sells, apprentices, or gives away for the purpose of employing or exhibiting, a child under fifteen years of age, in dancing, play- ing on musical instruments, singing, walking on a wire or rope, or riding or performing as a gymnast, contortionist, or acrobat, in any circus or theatrical exhibition, or in any public place whatsoever, or who causes, procures, or encourages any such child to engage therein, shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding six months : provided, that nothing in this section shall be construed to prevent the education of children in vocal and instrumental music, or their employment as musicians in any church, chapel, or school, or school exhibi- tion, or to prevent their taking part in any concert or musical exhibition on the special written permission of the mayor and aldermen of a city or of the selectmen of a town. LICENSES NOT TO BE GRANTED FOR SHOWS WHICH EMPLOY CHILDREN UNDER FIFTEEN. SECT. 9. No license shall be granted for a theatrical exhi- bition or public show in which children under fifteen years of age are employed as acrobats, contortionists, or in any feats of gymnastics or equestrianism, or in which such children belong- ing to the public schools are employed, or allowed to take part as performers on the stage in any capacity, or where, in the opinion of the board authorized to grant licenses, such children are employed in such a manner as to corrupt their morals or impair their physical health ; but nothing herein contained shall prevent the giving of special permission as provided by the preceding section. OF MASSACHUSETTS. 61 TRUANT CHILDREN AND ABSENTEES FROM SCHOOL. SECT. 10. Each town shall make all needful provisions and Towns may arrangements concerning habitual truants and children between Sons concern- seven and fifteen years of age who may be found wandering {ant8*etc! about in the streets or public places therein, having no lawful 1873 262 > * occupation or business, not attending school, and growing up in ignorance ; and shall make such by-laws as shall be most conducive to the welfare of such children, and to the good order of such town ; and shall provide suitable places for the confinement, discipline, and instruction of such children : such by-laws may be approved by the judge of the probate court of the county, as well as in the manner provided for the approval of other by-laws by section twenty-one of chapter twenty-seven. FORM OF BY-LAWS. This form of by-laws has been approved by the Board of Education, and is given here simply as a suitable form -to be adopted by the towns. ARTICLE 1. The town of - hereby avails itself of the several provisions of the statutes of this Commonwealth, now in force, relating to habitual truants and absentees from school, and in pursuance of Authority conferred thereby, adopts the following by-laws. ARTICLE 2. All children between the ages of seven and fifteen years, residing in said town, and who may be found wandering about in the streets or public places of said town, having no lawful occupation or business, not attending school, and growing up in ignorance, shall be com- mitted to for confinement, instruction and discipline. ARTICLE 3. Two or more truant officers shall be appointed annually, whose duty it shall be to inquire into all the violations of the truant laws and of the law relating to compulsory education, and to do all the acts required of them by the laws of the Commonwealth. ARTICLE 4. It shall be the duty of every truant officer, previous to making any complaint under these laws, to notify the truant, or absentee from school, also his parent or guardian, of the offence committed, and of the penalty therefor, and if the truant officer can obtain satisfactory pledges for the restraint and reformation of the child, he may at his dis- cretion forbear to prosecute, so long as such pledges are faithfully kept. ARTICLE 5. It shall be the duty of the school committee, the teachers of the public schools, and the citizens generally, to aid the truant officers as far as possible in the discharge of their duties. ARTICLE 6. It shall be the duty of the truant officers to keep a full record of all their official acts, and make an annual report thereof to the school committee, who shall publish the same with their own report. ARTICLE 7. Nothing 'in these by-laws shall be so construed as to alter or impair the obligation and duty of teachers to enforce punctuality and regularity of attendance, and to preserve good order and discipline. 62 SCHOOL LAWS Truant offi- cers to be appointed by school com- mittees. 1873, 262, 2. 1874, 233, 2. Minors con- victed of being truants, etc., may be committed for two years to institution provided therefor. 1873, 262, 3. Jurisdiction: 1873, 262, 4. County truant schools and union county truant schools, how established, etc. 1873, 262, 5. 1881, 144. SCHOOL COMMITTEE TO APPOINT TRUANT OFFICERS. SECT. 11. The school committee of each town shall appoint and fix the compensation of two or more suitable persons, to be designated truant officers, who shall, under the direction of said committee, inquire into all cases arising under such by- laws, and shall alone be authorized, in case of violation there- of, to make complaint and carry into execution the judgment thereon ; and who may serve all legal processes issued by the courts in pursuance of such by-laws or of sections ten to six- teen inclusive, but who shall not be entitled to receive any fees for such service. TRUANTS MAY BE COMMITTED FOR Two YEARS. SECT. 12. Any minor convicted under a by-law made under section ten of being an habitual truant, or of wandering about in the streets and public places of a city or town, having no lawful employment or business, not attending school, and grow- ing up in ignorance, shall be committed to any institution of instruction or suitable situation provided for the purpose, under the authority of said section or by-law, for a term not exceeding two years. JURISDICTION. SECT. 13. Police, district, or municipal courts, trial justices, and judges of probate courts, shall have jurisdiction, within their respective counties, of the offences described in sections ten and twelve. COUNTY TRUANT SCHOOLS. SECT. 14. If three or more towns in any county so require, the county commissioners shall establish at the expense of the county, at convenient places therein, other than the jail or house of correction, truant schools for the confinement, disci- pline, and instruction of minor children convicted under the provisions of sections ten and twelve ; and shall make suita- ble provisions for the government and control, and for the appointment of proper teachers and officers thereof; but if three or more cities or towns in each of two or three contig- uous counties, [or in case of Norfolk, Bristol, Barnstable, and Plymouth counties, of four contiguous counties,] so require, the county commissioners of such counties shall, at the expense of the same, establish at a convenient place therein a union truant school, to be organized and controlled by the chairmen of the county commissioners of such counties, in the manner pro- vided for the government and control of county truant schools by county commissioners ; and any county so uniting with another county or counties in the support of a union truant school shall not be required to support a truant school of its own. OF MASSACHUSETTS. 63 The clause in brackets is repealed. Chapter 155 of the Acts of 1884 provides: UNION TRUANT SCHOOLS. 1. Three or more cities or towns in each of two, three or four contiguous counties, may require the county commissioners of such counties to establish union truant schools as provided by section fourteen of chapter forty-eight of the Public Statutes. '2. So much of said section fourteen as relates to the case of Nor- folk, Bristol, Barnstable and Plymouth counties is hereby repealed. By section 10, chapter 48, each town is required to make all needful provisions concerning truants. This includes provid- ing a suitable place for their confinement, instruction, etc. By section 14, chapter 48, if three or more towns of any county petition the county commissioners, they shall establish a truant school to which all the towns may send their truant children. Provision is also made for union truant schools to be established by two, three or four counties. It is all-important to the towns that the children who are inclined to truancy should be collected into well-organized schools and kept there the full time fixed by the statute, or until they have reformed. AVHAT PLACES OF CONFINEMENT TOWNS MAY ASSIGN. SECT. 15. A town may assign any such truant school, or, Towns may with the assent of the state board of health, lunacy, and char- JJJJJJj fo ity, the state primary school, as the place of confinement, disci- pline, and instruction of children so convicted ; and shall pay places of con- for their support therein such sum, not exceeding two dollars truants! etc. a week for each child, as the county commissioners or the Jj^gj i^j | ^ trustees of the state primary and reform schools respectively shall determine. How CHILDREN COMMITTED MAY BE DISCHARGED. SECT. 16. Children so committed may, upon satisfactory Children corn- proof of amendment, or for other sufficient cause, be discharged ShargS. ** from the state primary school by said state board, and from J 873 262 3 > other places of confinement by the judge or justice who com- mitted them. REPORTS RELATIVE TO COMPLIANCE WITH TRUANT LAW. SECT. 17. The school committees of the several towns shall School com- mittees to re- annually report to the secretary of the board of education port whether whether their towns have made the provisions required by law Eave'been relating to truants and absentees from school. truants etc 1878, 234, 2. 64 SCHOOL LAWS PENALTY FOR EMPLOYING TRUANTS. Chapter 71 of the Acts of 1885 provides that whoever, after notice from a truant officer to refrain from so doing, offers a reward for service to any child in consequence of which reward such child is induced unlawfully to absent himself from school, or whoever after notice as aforesaid in any manner entices or induces any child to truancy, or whoever knowingly employs or harbors any unlawful absentee from school, or truant, shall forfeit not less than twenty nor more than fifty dollars to the use of the public schools of the city or town in which said offence occurs, to be recovered by complaint. CARE AND EDUCATION OF NEGLECTED CHILDREN. T wn8 to SECT. 18. Each town may, and every town containing five for care, thousand or more inhabitants shall, make all needful provi- sions and arrangements concerning children under sixteen s vears ^ a e > who, by reason of the neglect, crime, drunken- 1866, 283, i. ness, or other vices of parents, or from orphanage, are suffered 1878, 217, i. to be growing up without salutary parental control and educa- tion, or in circumstances exposing them to lead idle and disso- lute lives ; and may also make all such by-laws respecting such children as shall be deemed most conducive to their Avelfare and to the good order of the city or town. WHO SHALL MAKE COMPLAINTS. Towns to ap- SECT. 19. The selectmen of towns containing five thousand point persons .,. to make com- or more inhabitants, and of other towns availing themselves of i866?283, 2. the provisions of sections eighteen to twenty-one, inclusive, 1878, 217, 2. s hall appoint suitable persons to make complaints of violations of by-laws adopted under the preceding section ; and the per- sons so appointed, and the officers and duly appointed agents of the Massachusetts Society for the Prevention of Cruelty to Children, shall alone be authorized to make such complaints ; and the persons so appointed shall alone be authorized to make complaints under the following section. Chapter 245 of the Acts of 1883 amends the above section by inserting in the eighth line thereof, after the word " com- plaints," the words " and carry into execution the judgments thereon." CHILDREN GROWING UP WITHOUT EDUCATION MAY BE COMMITTED. Children un- SECT. 20. A judge of the superior court, or of a police, dis- trict, or municipal court, or a trial justice, upon proof that any up without child under sixteen years of age, by reason of orphanage, or OF MASSACHUSETTS?*" 65 of the neglect, crime, drunkenness, or other vice of parents, is education, so growing up, may order such child to such institution of in- com'rSecUo struct ion, or other place assigned for the purpose, as maybe institutio " 8 > provided under section eighteen, by the town in which such 1866 283 > 3 - child resides, to be there kept, educated, and cared for, for a term not extending beyond the age of twenty-one years for boys, or eighteen years for girls. WHEN SUCH CHILDREN MAY BE DISCHARGED. SECT. 21. When the parents of a child committed under the Children un- preceding section have reformed and are leading orderly and Jearsofage industrious lives, and are in a condition to exercise salutary growing up J without edu- parental control over such child, and to provide him with cation, etc., proper education and employment, or when, said parents being charged "when dead, any person offers to make such suitable provision for the oSiers can or care, nurture, and education of such child as will conduce to will properly the public welfare, and will give security for the performance them. of the same satisfactory to the directors, trustees, overseers, or 1866> 283> * 4 * other board having charge of the institution to which such child is committed, they may discharge him to the parents or to such other person. CARE AND PROTECTION OF DESTITUTE, ABANDONED, AND ABUSED CHILDREN^ SECT. 22. The judge of the probate court of any county ? Massachusetts when it appears that a minor under fourteen years of age resi- p^ySioa of dent therein is without a guardian, and is entirely abandoned, Cruelty to 1 Children may or treated with gross and habitual cruelty, by the parent or be appointed other person having the care or custody of him, or is illegally fbandoned'or deprived of liberty, may appoint as his guardian the Massa- "hiMdre^ chusetts Society for the Prevention of Cruelty to Children for 1879, 179', i. such period as seems fit to the judge ; and said society shall thereupon become entitled to the custody of such child to the exclusion of any other person, but shall not be entitled to his property. Said judge may at any time, for good cause, revoke such appointment. SECT. 23. The parents, surviving parent, or guardian of a may receive child under fourteen years of age, if unable to support him, chfkSen'un- may by an agreement in writing, signed, and fixing the terms der f urteea of the custody, place him in the charge of said society, which parents, etc. shall thereupon have custody of him as provided in the pre- ceding section. SECT. 24. Upon the complaint of said society that a child maybe under five years of age has been abandoned and deserted ki a of V deserted street or public place, or in a vacant building, a judge of any five court, within his jurisdiction, may give the custody of such JjjJP la * to child for a period not exceeding thirty days to said society ; 1879, 179, 3. which shall thereupon give notice thereof, under the direction 66 SCHOOL LAWS of said judge, by advertisement in some newspaper published in the county where such child is found; and such child, if claimed by its parents, parent, or guardian, may be returned to them by said judge. Said society SECT. 25. Nothing in the three preceding sections shall be iiot obliged to receive any construed to oblige said society to receive the custody ot any child. i^-tA 1879, 179, 4. cnna. Hampden SECT. 26. In Hampden county the provisions of the four - preceding sections shall in all respects be applicable to the iikeriv- Hampden County Children's Aid Association in like manner as iiegee, etc. to the Massachusetts Society for the Prevention of Cruelty to Children. SECT. 27. Nothing contained in the five preceding sections not to limit shall be deemed to limit the powers of the state board of starboard of health, lunacy, and charity. health, etc. 1880, 231. PENALTY FOE DISTUEBING SCHOOLS. " Whoever wilfully interrupts or disturbs a school or other assembly of people met for a lawful purpose shall be punished by imprisonment in the jail not exceeding thirty days, or by fine not exceeding fifty dollars." Pub. Stat., sect. 23, chap. 207. This statute includes meetings assembled for the discus- sion of the subject of temperance ; and also, it seems, political gatherings, meetings for amusement and all public meetings held for lawful purposes. 1 Gray, 476. No LlQUOE TO BE SOLD WITHIN FOUE HlJNDEED FEET OF SCHOOL BUILDING. "No license of the first, second or third class, under the provisions of chapter one hundred of the Public Statutes, shall be granted for the sale of intoxicating liquors in any building or place on the same street within four hundred feet of any building occupied in whole or in part by a public school." Chap. 220, Acts of 1882. MALICIOUS INJURY TO BUILDINGS. [Pub. Stats., chap. 203.] SECT. 78. Whoever wilfully and maliciously or wantonly and without cause destroys, defaces, mars, or injures a school-house, church, or other building erected or used for purposes of education or religious instruction, or for the general diffusion of knowledge, or an outbuilding, fence, well, OF MASSACHUSETTS. 67 or appurtenance of such school-house, church or other building, or furni- ture, apparatus or other property belonging to or connected with such school-house, church, or other building, shall be punished by fine not ex- ceeding five hundred dollars, or by imprisonment in the jail not exceeding one year. INJURY TO LIBRARIES. SECT. 79. Whoever wilfully and maliciously or wantonly and without cause writes upon, injures, defaces, tears or destroys a book, plate, picture, engraving or statue belonging to a law, town, city or other public library, shall be punished by fine of not less than five nor more than fifty dollars, or by imprisonment in the jail not exceeding six months. DOG TAX FOR SUPPORT OF SCHOOLS. [Pub. Stats., chap. 102, sect. 107.] Moneys received by a county treasurer under the provisions of the pre- ceding sections 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. 68 SCHOOL LAWS NORMAL SCHOOLS. The several normal schools were established by the following legislative resolves : [Chap. 70, Resolves of 1838.] WHEREAS by a letter from the Honorable Horace Mann, secretary of the board of education, addressed, on the twelfth of March current, to the presi- dent of the senate and speaker of the house of representatives, it appears, that private munificence * has placed at his disposal the sum of ten thou- sand dollars to promote the cause of popular education in Massachusetts, on condition that the Commonwealth will contribute, from unappropriated funds, the same amount in aid of the same cause, the two sums to be drawn upon equally, from time to time, as needed, and to be disbursed under the direction of the board of education in qualifying teachers for the common schools ; therefore, Resolved, That his excellency the governor is hereby authorized, by and with the advice and consent of the council, to draw his warrant upon the treasurer of the Commonwealth, in favor of the board of education, for the sumof ten thousand dollars, in such instalments and at such times as said board may request : provided, that said board, in their request, shall certify, that the secretary of said board has placed at their disposal an equal amount to that for which such application may be made by them ; both sums to be expended, under the direction of said board, in qualifying teachers for the common schools in Massachusetts. Resolved, That the board of education shall render an annual account of the manner in which said moneys have been by them expended. SALEM NORMAL SCHOOL. [Chap. 49, Resolves of 1853.] Resolved, That the board of education be, and they are hereby authorized to establish a state normal school at some suitable place in the county of Essex, and that the sum of six thousand dollars be, and the same is hereby appropriated, from the proceeds of the public lands or the school fund, ac- cording to the provisions of the act of the year one thousand eight hundred and forty-six, chapter two hundred and nineteen, to defray the expense of providing a site, of erecting or purchasing a suitable building, and furnish- ing the necessary appurtenances and apparatus for said school ; and that the same be expended for that purpose under the direction of the board of education, upon whose requisition the governor is hereby authorized to draw his warrants upon the treasury to the amount aforesaid. *Of Hon. Edmund Dwight. OF MASSACHUSETTS. 69 Resolved, That the board of education be, and they are hereby authorized to purchase and receive grants of land, in the name of the Commonwealth, and in suitable quantity, for the site of said building and the accommoda- tion of said school ; and that, before selecting said site, they be directed to receive propositions from towns or individuals in said county of Essex, in aid of the object of these resolves, and afterwards to make such selection as will in their opinion best subserve the interests and accommodate the wants of said school. I WORCESTER NORMAL SCHOOL. [Chap. 79, Resolves of 1871.] Resolved, That the board of education are hereby authorized and required to establish a state normal school in the city of Worcester, and that the sum of sixty thousand dollars is hereby appropriated to defray the expenses of erecting a suitable building and furnishing the necessary appurtenances and apparatus for said school, and that the same be expended under the di- rection of the board of education, upon whose requisition the governor is hereby authorized to draw his warrant for the amount aforesaid to be paid from the school fund : provided, that the deficit of income of the school fund occasioned by such payment, shall be deducted from the moiety of the income of said fund applicable to educational purposes, in such manner as not to afVect Hie amount to be apportioned and distributed for the support of public schools. Resolved, That the trustees of the Worcester Lunatic Hospital are hereby authorized and required to convey to the board of education and its succes- sors, in trust for the Commonwealth, a tract of land situated in said city of Worcester, of not more than five acres, to be located by the governor and council, east of a line drawn one hundred and seventy feet east of the easterly line of Mulberry Street, and north of a line drawn five hundred feet south of the southerly line of Prospect Street when extended east as proposed ; and west of the westerly line of Wilmot Street when extended southerly as proposed ; the conveyance of said land to include a right of way thereto from East Central Street, the location whereof shall be deter- mined and fixed by the governor and council, if in their opinion said right of way is necessary and desirable. Resolved, That the city of Worcester is hereby authorized to lay out and extend Prospect Street, from its present easterly terminus to its intersection with the proposed line of the prolongation of Wilmot Street ; also to ex- tend Wilmot Street southerly to the proposed intersection with the exten- sion of Prospect Street, and from that point southerly to East Central Street. Resolved, That the value of said land shall be determined and fixed by the governor and council, and the amount shall be credited by the treasurer of the Commonwealth to the fund created by the provisions of section four, chapter two hundred and thirty-eight of the acts of the year eighteen hundred and seventy. Resolved, That the city council of the city of Worcester may raise by tax- ation or otherwise, the sum of fifteen thousand dollars, and may pay the same to the board of education for the purposes named in these resolves: provided, that these resolves shall not take effect until the city of Worces- 70 SCHOOL LAWS ter or the inhabitants thereof shall have paid to the board of education the sum of fifteen thousand dollars to aid in the erection and furnishing of the building for said school. NORMAL ART SCHOOL. [Chaps. 47 and 61, Resolves of 1873.] Resolved, That there be allowed and paid out of the treasury, the sum of seventy-five hundred dollars for the expenses of a state normal art school, the same to be expended under the direction of the board of education. Resolved, That the sergeant-at-arms with the consent and approval of the commissioners on the state house be authorized to assign the rooms on the third floor of the house number thirty-three Pemberton Square to the board of education for the use of the state normal art school. In accordance with the foregoing resolves, normal schools were established as follows : The first at Lexington, which was opened July, 1839 ; trans- ferred to West Newton, September, 1844 ; and to Framinghatn in 1853. It receives as pupils only females. The second was opened at Barre, September, 1839 ; was suspended in 1841 ; and recommenced at Westfield, September, 1844, and receives both sexes. The third was opened at Bridgewater, September, 1840, and admits pupils of both sexes. The fourth was established at Salem, and opened September, 1854, and is for females only. The school at Worcester was opened September, 1874. It admits pupils of both sexes. The Normal Art School was opened October, 1873. THE DESIGN OF THE SCHOOLS AND COURSES OF STUDY. The Board of Education, by a vote passed May 6, 1880, stated the design of the school and the course of studies for the State normal schools as follows : "The design of the normal schools is strictly professional; that is, to prepare, in the best possible manner, the pupils for the work of organizing, governing and teaching the public schools of the Commonwealth. " To this end, there must be the most thorough knowledge, first, of the branches of learning required to be taught in the schools ; second, of the best methods of teaching those branches ; and, third, of right mental training. OF MASSACHUSETTS. 71 "The time of one course extends through a period of two years, of the other through a period of four years, and is divided into terms of twenty weeks each, with daily sessions of not less than five days each week. " STUDIES. " Two Years' Course. Arithmetic, algebra, geometry, book-keeping. "Physics, astronomy, chemistry. " Physiology, botany, zoology, mineralogy, geology, geog- raphy. "Language, reading, orthography, etymology, grammar, rhetoric, literature, composition. "Penmanship, drawing, vocal music, gymnastics, military drill. " Psychology, science and art of education, school organiza- tion, history of education. " Civil polity of Massachusetts and of the United States, history, school laws of Massachusetts. "Four Years' Course. In addition to the studies named , above, the four years' course includes advanced algebra and geometry, trigonometry and surveying. " Advanced chemistry, physics and botany. " Drawing, English literature, general history. "Latin and French required; German and Greek, as the principal and visitors of the school shall decide. " The above is an enumeration of the studies. The order of the studies in the course is determined by the principal of each school, with the approval of the visitors of that school." NORMAL ART SCHOOL. Candidates for admission to the Normal Art School must be above sixteen years of age. An examination in freehand drawing of ornament from copy, and object drawing from the solid, will be held at the begin- ning of each term, of all candidates for admission to class A. To students residing within the State, intending to teach draw- ing in the public schools, tuition is free ; but five dollars per term will be charged for incidentals. Tuition fee, to students 72 SCHOOL LAWS from without the State, fifty dollars per term. Students re- quiring instruction in special studies may enter any class without passing through class A, by payment of a fee of twenty-five dollars per term if residents of Massachusetts, and fifty dollars per term if from other States. All fees are pay- able in advance to the curator at the commencement of each term, and must be so paid. There is no examination for admis- sion for the special students, but permission for entering must be obtained from the principal. The work of class A is de- voted to elementary drawing ; of class B, to form, color and industrial design ; of class D, to the constructive arts ; and of class C, to sculpture and design in the round. STATE SCHOLARSHIPS IN THE WORCESTER POLYTECHNIC INSTITUTE. By the terms of certain grants made by the State to the Worcester Polytechnic Institute, that institution is required to maintain twenty free scholarships, the pupils to be selected by the Board of Education from the different counties in this Commonwealth, except that none shall betaken from Worcester County. Blank applications for these scholarships may be obtained of the principal of the school or of the secretary of the State Board of Education. STATE SCHOLARSHIPS IN THE INSTITUTE OF TECHNOLOGY. In consideration of receiving aid from the Commonwealth, it is provided by chapter 103 of the Resolves of the Legislature of 1887 that the Massachusetts Institute of Technology " shall establish and maintain twenty free scholarships, and each sena- torial district in this Commonwealth shall, once in eight years, in such alternate order as the Board of Education shall at the time of the first apportionment determine by lot, be entitled to one scholarship for a period of four years, to be awarded to such candidates as shall be found upon examination to possess the qualifications fixed for the admission of students to said institute, and who shall be selected by the Board of Education ; preference in the award being given to qualified candidates otherwise unable to bear the expense of tuition. In case no candidate appears from a senatorial district, then a candidate OF MASSACHUSETTS. 73 may be selected from the State at large to fill such vacancy, who m;iy continue to hold the scholarship annually, until a candidate is presented from the senatorial district unrepresented, who shall then be awarded the scholarship for the balance of the time for which said district would originally have been entitled to its benefit. In case a vacancy occurs in any senatorial dis- trict after an appointment has been made, then a candidate from the same district shall be selected for the balance of the time for which said district is entitled to its benefit, or in the event of no such candidate appearing, from the State at large, upon the conditions previously set forth." The Board of Education has established the following regu- lations in regard to the scholarships provided for above : 1. Group 1. Ten scholarships are now established, to be filled at the beginning of the school year 1888-89, and these have been assigned by lot to the following senatorial dis- tricts : 2d Middlesex, 2d Worcester, 2d Plymouth, 1st Bristol, 2d Essex, 4th Essex, 2d Norfolk, 8th Suffolk, 5th Essex, 2d Suffolk. This allows to one student from each of the above-named senatorial dis- tricts free tuition during the school years 1888-89, 1889-90, 1890-91, 1891-92, and again, after an interval of four years, during the school years 1896-97, 1897-98, 1898-99, 1899-1900. Group 2. Ten additional scholarships are established, to be filled at the beginning of the school year 1889-90, and these have been assigned by lot to the following senatorial districts : Berkshire and Hampshire, 1st Plymouth, Cape, 3d Essex, 1st Worcester, 7th Suffolk, 3d Suffolk, 1st Essex, 6th Middlesex, 6th Essex. This allows to one student from each of the above senatorial districts free tuition during the school years 1889-90, 1890-91, 1891-92, 1892-93, and, after an interval of four years, during the ^school years 1897-98, 1898-99, 1899-1900, 1900-1901. 74 SCHOOL LAWS Group 3. The scholarships to be filled at the beginning of the school year 1892-93 are assigned by lot to the following senatorial districts : 1st Middlesex, 9th Suffolk, 1st Hampden, 5th Middlesex, 1st Suffolk, Franklin, 3d Bristol, 4th Middlesex, 1st Norfolk, 3d Worcester. This allows to one student from each of the above senatorial districts free tuition during the school years 1892-93, 1893-94, 1894-95, 1895-96, and, after an interval of four years, during the school years 1900-1901, 1901-2, 1902-3, 1903-4. Group 4. The scholarships to be filled at the beginning of the school year 1893-94 are assigned by lot to the following senatorial districts : 3d Middlesex, 5th Suffolk, 2d Hampden, 7th Middlesex, 4th Suffolk, 4th Worcester, 2d Bristol, 6th Suffolk, Berkshire, Worcester and Hampshire. This allows to one student from each of the above senatorial districts free tuition during the school years 1893-94, 1894-95, 1895-96, 1896-97, and, after an interval of four years, during the school years 1901-2, 1902-3 1903-4, 1904-5. Each senatorial district shall be entitled thereafter to one scholarship (for four years) once in eight years, in the same order above named. 2. In case of a vacancy occurring in the scholarship as- signed to any senatorial district without any properly qualified applicant appearing from that district, the vacancy shall be filled without regard to locality, from the list of applicants registered in the office of the secretary of the State Board of Education. 3. Preference shall be given to qualified candidates other- wise unable to bear the expense of tuition, but preference shall be given, all other things being equal, to students actually in the Institute from the appropriate senatorial districts. 4. A high standard of personal scholarship shall be insisted upon, as a condition of receiving and retaining the benefits of the State scholarships. OF MASSACHUSETTS. 75 5. No assignment of a State scholarship to any individual student shall hold for more than one year, without his re- appointment. A decided preference will be given to the student who has previously held the appointment ; but this preference will not be sufficient to secure the re-appointment of any student who has not maintained a thoroughly respectable stand- ing in his studies, and whose character and deportment are not, in all respects, unexceptionable. 6. Applicants for original appointment to State scholarships must enclose in their applications a certificate of admission to the Institute of Technology, free from " conditions." 7. Persons desiring information concerning the course of study at the Institute of Technology, times of examination and requirements of admission, should address the secretary of the Institute of Technology, Boston. 8. Persons desiring information regarding vacancies in the State scholarships established under these regulations, and regarding the terms and conditions upon which such vacancies are to be filled, should address the secretary of the State Board of Education, Boston, who will also furnish blank forms for application. INDEX INDEX PAGE Absentees from school, habitual, treatment of, 61 Agents of Board of Education, . . . . . . . . 13 Agriculture, may be taught in common schools at option of school com- mittee, ............ 25 Alcoholic drinks, etc., effects of, to be taught in all schools, . . 25 Algebra, may be taught in common schools at option of school com- mittee, 25 Required study in high schools, 26 American Asylum at Hartford, deaf-mutes may be instructed in, at public expense, 14 Apparatus, etc., purchase of, at public expense, when, ... 41 Appropriations for normal schools, to be expended by Board of Edu- cation, ............ 13 By State, for schools, not be applied to sectarian schools, . . 5 Arithmetic, to be taught in common schools, 25 Assistants, female, employment of, 30 Associations of teachers, county, allowance to, . . . . . 19 Astronomy, in towns of 4,000 inhabitants ; teacher of high school must be competent to teach, . . . . . . . . 26 Attendance, school, 51 Absentees, habitual, treatment of, ...... 61 Ages between which compulsory, 51 Adjoining town, in, when nearer, 53 Payment for such instruction, 53 Arrangement of terms, etc., 51 Authorities, local, to encourage, 30 Courts and justices, jurisdiction as to, * . . . . . 52 Color not to exclude from school, ....... 54 Contagious disease, to exclude, when, ...... 54 Duration of time each year, 51 Duty of persons controlling, . . . . . . . . 51 Employment in factories, etc., during, 56 Exclusion, prohibited grounds of , . . . . . . . 64 Action of tort for unlawful, 54 Damages recoverable for, . . . . . . . 54 Interrogatories to committee, etc., . ... . . 51 Written reasons to be given for, ..... 54 80 INDEX. Attendance, school, Continued. i AGE High school, regulation for admission to, 52 Penalty for non-attendance, except, etc. , . . . . . 51 Private schools, approval for purposes of, 52 Race not to exclude from, 54 Religious opinions not to exclude from, 54 Residence, in place of legal, ........ 52 Returns by school committees, 48 Truant officers, duties respecting, 52 Vaccination, a necessary requisite for, ...... 53 Wards, when guardian an inhabitant, 53 Behavior, good, to be taught in all schools, 25 Blind, education of, when, where, 15 Supervised by Board of Education, ...... 15 Institutions for, aided by State to report to Board of Education, 14 Board of Education, Agents, duties defined, ......... 13 Appointees, number of, 8 Authorized composition of board, 8 Clerk, assistant librarian of State library to be, . . . . 13 Expenses, payment of, ......... 13 Members, list of, 9 Secretary. (See Secretary of Board of Education.) Terms of office and retirements, ....... 8 Vacancies, governor and council to fill, 8 Duties in General, Annual report to Legislature, contents, etc. , . . . 11 Distribution of, 49 Secretary to send out, 12 Blind asylums to report to, when, 14 Blind, to supervise education of, . . . . . . 14, 15 Deaf and dumb, to supervise education of , . . . . 14 Deaf asylums to report to, when, ..... 14 Donations for educational purposes, investment and dispo- sition of, 10 Feeble-Minded, School for, to report to, .... 15 Normal schools, to manage, . . . . . . 13 Appropriation for, to expend, 13 Registers, school, to prescribe form of, . . . . 10 Returns from school committees, to prescribe form of blanks for, .......... 10 Statistics, may require what, 14 Blanks for, to prepare, transmit, . . . . . 14 Teachers' institutes, organization of, ..... 16 Sessions, expenses, etc., to determine, . . . . 16 Book-keeping, required study in high schools, 26 Botany, required study in high schools, .26 Branches of study to be taught in all towns, ...... 25 In towns of 500 families, 26 In towns of 4,000 inhabitants, ...... 26 In evening schools 27 INDEX. JJ 81 By-laws, for care of truants, form of, Towns required to adopt, To be approved by superior court or probate judge, Calisthenics, school exercises may include, at option of school commit- tee, 40 Special teacher for, requires two-thirds vote of committee, . 40 Certificates for employment of children (see Employment of Children) , 57 Chemistry, required study in high schools, 26 Children, abandoned, etc. , care and protection of, 65 Under five, Massachusetts Society for Prevention of Cruelty to Children may be given temporary custody of , . . . . 65 Hampden County Children's Aid Association may be given temporary custody of, 66 Under fourteen, Massachusetts Society for Prevention of Cruelty to Children may be appointed guardian of, .... 66 No obligation imposed upon, ..... 66 Parents may confide to, . . . . . . 65 Hampden County Children's Aid Association may be ap- pointed guardian of, 66 No obligation imposed upon, 66 Parents may confide to, 66 Neglected, authority to provide for, given, 64 By-laws, town, as to, 64 Care and education of, 64 Committal to institutions, . 64 Complaints, agents to make, appointment of , . . 64 Courts, jurisdiction of, as to, 64 Discharge, if parents reform, etc. , 65 Massachusetts Society for Prevention of Cruelty to Chil- dren, complaints by, as to, 64 Children's Aid Association of Hampden County, 66 To have custody of certain children, 66 Civil polity of Massachusetts and United States, required study in high schools, 26 Clarke Institution, deaf-mutes may be instructed in, at public expense, . 14 Clerk of Board of Education, assistant librarian of State library to be, 13 Color not to exclude from public school, 54 Commissioners to manage school fund, 22 Committees. (See School Committee.) Constitution, educational provisions of, 5 Contagious disease, to exclude from school, when, 54 Conveyance of pupils, towns may raise money for, .... 31 Corporations, private, holding school fund, to manage it, ... 31 County associations of teachers, allowance to, 19 County commissioners to establish truant school, when, ... 62 County truant schools, establishment of, 62 Deaf-mutes, education of, supervised by Board of Education, . . 15 Institutions for, aided by State, to report to Board of Education, 14 82 INDEX. Deaf-mutes, education of, Continued. PAGE Duties of governor as to, 14 Instruction at public expense, when, where, . . . . . 14 Disturbing schools, penalty for, ........ 66 Dog tax, used for support of schools, 67 Donations, etc., for educational purposes, Board of Education may re- ceive and manage, ......... 10 Drawing, industrial and mechanical, instruction in, authorized, . . 29 Required study in all common schools, 25 Education, Board of. (See Board of Education.) Employment of children, 55 Certificate for, 57 Age of person entitled to, how ascertained, ... 58 Conditions for receiving, . . . . . . . 57, 58 Failure to produce, evidence of illegal employment, . . 59 False statement in, penalty for, 59 Of age, who may sign, 58 Truant officers, etc., may inspect, when, .... 58 Who may sign, 58 Penalty upon owners, etc., for, ....... 59 Upon parents, etc,, for permitting, 59 Ticket for, form of, prescribed, 57 Under thirteen, in factories, etc., forbidden, .... 56 Allowed, when, 56 Under fourteen, without certificate, forbidden, .... 56 Hours of labor, authorized, limited, ..... 56 In injurious occupations, may be prohibited, . . . 56 Who cannot read and write, penalty for, .... 60 Under fifteen, in circuses, etc., forbidden, ..... 60 Shows employing, not to be licensed, ..... 60 Under sixteen, without certificate, forbidden, .... 56 English grammar to be taught in all common schools, .... 25 Evening schools, required in what towns, 27 Branches to be taught in, . 27 School committee to superintend, . . . . . . . 27 High schools, established where, 28 School committee to superintend, 28 Notice of, to be posted, . . . ... . . . . 28 Exclusion of children from school, 54 Prohibited grounds of, 54 Action of tort for unlawful, ........ 54 Damages recoverable for, ........ 54 Interrogatories to committee, etc., . . / . . - . . 54 Written reasons to be given for, 54 Feeble-Minded, Massachusetts School for, to receive persons designated by governor, 15 To make annual report to Board of Education, .... 15 Female assistants, when required, ........ 30 Foundation of public schools, Educational provisions of the Constitution, INDEX. 83 Foundation of public schools Continued. PAGE Ordinance of 1642, 3 Ordinance of 1647, 4 Subsequent organic legislation, ' 5 Free text-books and supplies, advantages of, 41 Law as to, 41 French, in towns of 4,000 inhabitants, teacher of high school to be com- petent to teach, .......... 26 Geography, required study in all common schools, 25 Geology, in towns of 4,000 inhabitants, teacher of high school to be com- petent to teach, .......... 26 Geometry, required study in high schools, ...... 26 Good behavior to be taught in all schools, ...... 25 Grammar, English, required study in all common schools, ... 25 Greek, in towns of 4,000 inhabitants, teacher of high school to be com- petent to teach, 26 Gymnastics, school exercises may include, at option of school com- mittee, ............ 40 Special teacher for, requires two-thirds vote of committee, . . 40 Hampden County Children's Aid Association, abandoned and neglected children, powers of , as to, 66 Hand-tools, elementary use of, may be taught in common schools at option of school committee, ....... 25 Purchase and use of, ......... 25 High schools, admission to, school committee to regulate, ... 52 Authorized in all towns, 26 Branches to be taught in, 26 Duration of, ten months in a year, ....... 26 Evening, establishment where, . . . . . . .28 School committee to superintend, 28 Number of, 27 Required in certain towns, 26 Teachers, qualifications of, 26 Union, establishment in adjacent towns, ..... 29 Committee, choice and powers, 29 Erection of school-houses, ....... 29 Expenses, how proportioned, ...... 29 Location, how determined, 29 History of United States to be taught in all common schools, . . 25 General, required study in high schools, 26 Horace Mann School, deaf-mutes may be instructed in, at public expense, 14 Hygiene to be taught in all schools, ...... 25 Industrial and mechanical drawing, instruction in, authorized, . . 29 Industrial schools, establishment, control, etc., 29 Injury to buildings, malicious, penalty for, 66 Libraries, malicious, penalty for, ' 6 ? Institute of Technology, Massachusetts, State scholarships in, . . 72 Regulations as to, 73 Institutes. (See Teachers' Institutes.) 84 INDEX. PAGE Institutions, educational, to report to Board of Education, ... 14 Intellectual science, in towns of 4,000 inhabitants, teacher of high school to be competent to teach, 26 Latin, required study in high schools, 26 Libraries, injury to books in, malicious, penalty for, .... 67 Licenses to sell liquor near public school forbidden, .... 66 Location of school-houses, towns to determine, . . ... 45 Logic, in towns of 4,000 inhabitants, teacher of high school to be com- petent to teach, .......... 26 Massachusetts Institute of Technology, State scholarships in, . . 72 Regulations as to, .......... 73 Massachusetts School for the Feeble-Minded, to receive persons des- ignated by governor, 15 To make annual report to Board of Education, .... 15 Massachusetts Society for Prevention of Cruelty to Children, complaints by, as to neglected children, 64 Custody of deserted children, 65 Guardian of abandoned children, 65 Obligation, none imposed upon, 66 Parents may confide children to, 65 Massachusetts Teachers' Association, allowance to, .... 19 Military drill, school exercise may include, at option of school com- mittee, . . . . 40 Special instructor, employment of, 40 Ministers of gospel to promote school attendance, 30 Minors, illiterate, employment forbidden, School committee may authorize, 28 Moral instruction, duty required, Moral qualifications of teachers to be ascertained by school committee, 36 Moral science, in towns of 4,000 inhabitants, teacher of high school to be competent to teach, ........ 26 Music, vocal, may be taught in common schools at option of school committee, ........... Natural philosophy, required study in high schools, .... 26 Nautical schools, authorized Normal Art School, resolve establishing, . . . . . . 70 Course of study in, 71 Normal schools, appropriations for, to be expended by Board of Edu- cation, Courses of study in, . 70, 71 Design of, Establishment of, resolves as to, Date of, Salem, 68 Worcester, Normal Art School, To be managed by Board of Education, INDEX. 85 PAGE Ordinance of 1642, ' 3 Ordinance of 1647, 4 Orthography, to be taught in all common schools, 25 Penalty, for neglect of towns to raise money for schools, . . 31 For neglect of towns to choose school committee, . . .32 For disturbing schools, 66 For injuring school-houses, ........ 66 Upon parents for permitting employment of children, ... 60 Upon owners, etc., for illegal employment of children, . . 60 Perkins Institution, blind children may be instructed in, at public expense, ........... 15 Physiology and hygiene, instruction in, required by law in all schools, . 25 Political economy, in towns of 4,000 inhabitants, teacher of high school to be competent to teach, 26 Private schools, approval of, by Board of Education, .... 52 Officers of, to report to Board of Education, .... 14 Public schools, action for unlawful exclusion from, .... 54 Applicability of provisions to cities, ...... 46 Appropriations for, towns to make, 31 Conveyance of pupils, for, . 31 Dog license fees, use of, ....... 67 Penalty for not making, . . . . . . . 31 Authority to establish, 25 Bible to be read in, how, 39 Courses of study, how prescribed, 40 Disturbing, penalty for, 66 Drawing-schools for persons over fifteen, ..... 29 Duration of, at least six months in each year, .... 25 Duty of Legislature to foster, ....... 5 Foundation of, 3 Industrial, establishment, control, etc., 29 Licenses to sell liquor near, forbidden, 66 Military drill prescribed, when, 40 Moneys, expenditure by authorities, 5 Sectarian schools, application of, to, forbidden, ... 5 Nautical, establishment of, 29 Pupils over twelve years of age, for, 29 " School month " defined, 48 Studies in, prescribed, 25 Studies in, certain, at option of school committee, ... 25 Towns must maintain, ......... 25 Union. (See Union Schools.) Race not to exclude from public schools, 54 Beading, to be taught in all common schools, 25 Reference books, purchase at public expense, when, .... 41 Religious opinions not to exclude from public schools, .... 54 Registers, school, Board of Education to prescribe form, ... 10 Secretary of board to send out, 12 86 INDEX. Registers, school, Continued. PAGE School committee, delivery to, 46 Faithful keeping, to cause, 48 Teachers to faithfully keep, etc., ....... 50 * Compensation withheld till complete, ..... 50 Town and city clerks to deliver to whom, 46 Report, Board of Education, annual, contents, etc., .... 11 Distribution of , 49 Secretary to send out, 12 School returns, abstract of, to include, 11 Feeble-Minded, Massachusetts School for, to be made to Board of Education, 15 Institutions for deaf, dumb, and blind, to be made to Board of Education, 14 Secretary of Board of Education, to be sent to towns, etc., . 12 School committees, annual, size, contents, etc., .... 48 Failure of, to make, proceedings, 48 Informal, proceedings, when, ...... 49 Penalty for neglect, etc. ........ 49 Private schools, etc., to be made to Board of Education, . 14 Returns by school committees, abstract of, to be made by secretary of Board of Education, ......... 11 To be included in report of Board of Education, . . 11 Blanks for, prescribed by Board of Education, . . . 10 Rhetoric, in towns of 4,000 inhabitants, teacher of high school to be competent to teach, 26 Salem Normal School, resolve establishing, 68 Established when, 70 Secretary of Board of Education, abstract of school returns, to make, . 11 Annual report of, to send, Appointment by board, Duties in general denned, 11,12 Feeble-Minded, School for, duties as to, 15 Improvements, shall suggest, Information, to collect and diffuse, 11 Office expenses, to be allowed, ....... Office of, held by whom, Registers and blanks for returns, to send out, .... Salary, 12 Returns, school, supervision of, 49 Blanks for, to send out, 46,47 School committee to notify as to, 48 Transmission of, by school committee, . . .- 48 School committees to deposit reports with, Neglect or informality, proceedings upon, .... Teachers' institutes, duty in organizing, etc., Teachers' meetings, shall attend, To be commissioner of school fund, ...... Travelling expenses, allowance for, ...... Truants, reports to be made to, of, 63 INDEX. 87 PAGE Secretary of school committee, to be appointed, 36 To keep permanent record, 36 Sewing may be taught in common schools at option of school com- mittee, 25 Scholarships, State, in Institute of Technology, resolve as to, . . 72 Pupils for, Board of Education may select, ... 72 Kegulations as to, . . . . . . . . 73 In Worcester Polytechnic Institute, 72 School committee, in general, Authority of towns to choose, 32 Compensation, in cities and towns, ...... 42 Penalty, withheld as a, when, 50 Superintendent, none where a, when, ..... 42 May receive, in union districts having superintendent, . 43 Election of, at annual or special town meeting, .... 33 By ballot, 32 One-third annually, 33 New committee elected if alljlecline, . . . . . . 34 Majority of selectmen, etc., by, ...... 34 Number of, divisible by three, 32 Increase or reduction of, 35 Secretary, required, 36 To keep permanent record, ....... 36 Terms of office, three years, 33 Commencement after election, except, .... 35 Former, to hold over for what, 35 Vacancies, how filled, 34 Term of one chosen to fill, 35 General powers, 33 Notes on, 26 Apparatus, books of reference, etc., may procure, . . 41 Bible, to require reading of, how, 39 Courses of study, to prescribe, ...... 40 Exclusion of pupils, when, . 33 High school, duty when for whole town, .... 42 Registers, town and city clerks to deliver to, . . . 46 Faithful keeping, to cause, 48 Returns by school committee, 46 Blanks, Board of Education to prescribe, ... 10 Forms, delivery of blank, 46 Non-reception, to notify of, ..... 47 Certification of money raised, ..... 47 Chairman and secretary may sign, .... 50 Month, number of sessions counted as a, . . 48 Neglect, informalities, etc., penalties for, ... 49 Record of what children, to contain, .... 47 School fund, uses of, to be specified, .... 48 Secretary of Board, etc., transmission to, when, . . 47 Report, annual, contents, size, deposit, etc. , 48 Failure to make, proceedings, 48 Informal report, proceedings, when, 49 88 INDEX. School committee, report, annual, Continued. PAQE Penalty for neglect, informality, etc. , 49 Teachers, committee to select, / . . . . . . 36 Committee may dismiss at pleasure, .... 39 Qualifications of, to ascertain, 36 Selection and examination, notes on, .... 36 Tenure of office of, 36 Text-books, what shall be used, to direct, .... 40 Change on two-thirds vote, notice, .... 41 Loaned to pupils free of charge, 41 Purchase and supply, public, 41 Sectarian books to be excluded, ..... 40 Salaries and appropriations* as to, notes on, . . 37 School-houses, to keep in repair, 44 To determine use of, 46 Superintendent of schools, required to choose, when, . 42 Visiting schools, when, purpose, etc., .... 39 School fund, commissioners for investment to report to General Court, 22 History of, 20 Income, distribution of moieties, 23 Apportionment of moiety among towns, .... 23 Appropriations paid from one moiety, .... 23 Application by school committees, 24 Conditions for receiving by towns, ..... 23 Investment of, commissioners for, . , 22 New, to be approved by governor and council, ... 22 Principal not to be diminished, ....... 20 Surplus income, when added, 23 Title of, 20 School funds, corporations, private, holding, to manage, . . . 31 School-houses, accommodation of pupils, sufficient for, ... 44 Defacement, etc., of, penalty for, . . . . . . . 66 Definition of, 45 High school, union, erection of, 28 Land for, town may purchase, ....... 45 Location of, town may determine, ....... 45 Penalty on towns neglecting, 44 Sanitary condition of, . . ... . . . . . 44, 45 Drains, water-closets, etc., to be sufficient and suitable, . 44 Ventilation, proper manner and amount required, . . 45 Inspector of factories, etc., may require proper sanitary provisions, ......... 45 Penalty for refusing to make proper sanitary provisions, . 45 School committee to keep in order, . . . . Taking land for, 45, 46 Costs on application for jury, ...... Damages, appraisal by selectmen, Assessment by jury, 46 Limit of dimensions, ........ Reversion to owner, when, ....... 46 Uses, school committee to determine, . . . INDEX. 89 PAGE Statistics of special educational institutions, blanks for, to be prescribed by Board of Education, 14 Stimulants and narcotics, effects of, to be taught in all schools, . . 25 Studies, common schools, in, prescribed, 25 High schools, in, prescribed, 26 Evening schools, in, prescribed, 27 Superintendent of schools, appointment by school committee, when, . 42 Appointment in union districts, how made, ..... 42, 43 Compensation determined by school committee, .... 42 Compensation, apportionment, etc., of, in union districts, . . 42, 43 State aid for, conditions of receiving, 43 Distribution and use of, 43 Annual appropriation for, 43 Union of towns for employment of, 42, 43 Supplies, school, purchased at public expense, . . . . . 41 Furnished to pupils free of charge, ...... 41 Surveying, required study in high schools, ...... 26 Teachers, authority of, over pupils, notes on, 38 Certificates, to be obtained by, 38 Compensation, filing, prerequisite to, 38 Selectmen, to file one with, 38 Dismissal at committee's pleasure, ...... 39 Ascertainment of qualifications, etc., ...... 36 Common school, qualifications of, ....... 25 Compensation, filing of certificate prerequisite, .... 38 Dismissal, none after, .... k ... 39 Register to be complete before payment, .... 50 Duty to inculcate piety, morality, etc. , . . . . . . 30 Exclusion of pupils, to give written reasons for, .... 54 Female assistants, employment of, ...... 30 High school teachers, qualifications of. ...... 26 Registers, to faithfully keep, etc., ....... 50 Salaries of, authority of school committee as to, notes on, . . 37 Teachers' Associations, county, allowance to, 19 Massachusetts, allowance to, 19 Teachers' Institutes, Board of Education to organize, when, ... 16 Duration of sessions, ......... 16 Expenses paid from school fund, ....... 16 Held when and where, ......... 17 Teachers' meetings, secretary of Board of Education to give notice of, and attend, 12 Text-books, school committee to prescribe, 40 Change by two-thirds of school committee, ..... 41 Loaned to pupils free of charge, ....... 41 Free, advantages of, < 41 Purchase at public expense, ........ 41 Sectarian to be excluded, 40 Todd Fund, income to be applied by Board of Education, ... 24 Origin, amount, 10 90 INDEX. PAGE' Towns to raise money for schools, 31 Penalty for not raising money, 31 Extent of authority, 32 Superintendent, may provide for, by vote, ..... 42 Truants, authority in towns to discipline, etc., 61 By-laws for discipline, etc., of, 61 Form of, 61 Committal to what institutions, ....... 63 For two years, 62 Board of Lunacy, etc., to assent, 63 State primary school, to, when, ...... 63 Truant schools, to, 63 Discharge for good cause, 63 Jurisdiction of courts, ......... 62 Report by school committees as to, 63 Officers, appointment and compensation, 62 Duties defined in general, ....... 62 Factory certificates of ages, etc., to inspect, ... 58 Fees, not entitled to, 62 School attendance, as to, . . . . . . . 52 Schools, to be established in counties, when, .... 62 Assignment of, for discipline, etc., 63 Payment for support in, ....... 63 Union, establishment of, 63 Enticement, employing, etc. , penalty for, 64 Union high school districts. (See High Schools.) Union schools, establishment of, ........ 29 Expenses, how proportioned, ........ 29 Management and control, 29 School-houses, erection, etc., . ....... 29 Union truant schools, establishment of, 63 Vaccination, prerequisite to school attendance, 63 Vocal music may be taught in common schools at option of school committee, ........... 25 Wards may attend school where guardian resides, 53 Writing to be taught in all common schools, 25 Worcester Normal School, resolve establishing, 69 Established when, 70 Worcester Polytechnic Institute, State scholarships in, . . . . 72